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Agenda Packets - Board - 2011-11-30°files Ferrytrian f' 1es itzp ti fi t k'.. Michael Sch.eafier r�. tzvy DItt, ,,c for Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non - agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non - agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer, The Presiding Officer reserves the right to declare any speaker out of order. Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item Is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 628 W. 190 Street, Costa Mesa, California. The Clerk of the District may be contacted at (949) 645 -8400, ext. 223. In Compliance with ADA: Contact Joan Revak, (949) 645 -8400, 48 hours prior to meeting if assistance 's needed (28 CFR 35.102.35.104 ADA Title II). RECOMMENDED ACTION CALL TO ORDER 5:310 DIY^ ,,, I'VE, — 628 W. 19'h Street, Costa Mesa Il. PLEDGE OF ALLEGIANCE — Director Ferryman III. INVOCATION — Director Scheafer IV. ROLL CALL (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) V. Announcement of Late Communications NOTE: Unless directed otherwise by the Board of Directors, all actions shall be based on /memorialized by the latest document submitted as a late communication. VI. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. c hi our romv nvthy, '� fielarth 6,1y . r vidin Eat "Tva-sfe avi"sewer colYiaion wgery es, Costa Mesa Szanitar,�) Disll,rict, E DA Reports A. Minute Approval 1. Sewer System Committee Meeting —October 18, 2011 2. Recycling Committee Meeting — October 24, 2011 3. Investment Oversight Committee Meeting —October 27, 2011 4. Regular Board of Directors Meeting — October 27, 2011 5. Special Meeting on Zero Waste — November 2, 2011 B. Engineer's Reports 6. Project Status Report C. Financial Reports 7. Refunds Page RECOMMENDED ACTION Receive & File Approve 8. Occupancy Report and payment to Costa Mesa Disposal — October 2011 Approve 9. Contract Payment to CR Transfer for Recycling Services & Disposal Ratify Payment for October 2011 10. Adoption of Warrant Resolution No. CMSD 2012 -5 Ratifying Payment Ratify Payments for the Month of October 2011 in the amount of $597,153.29 11. Directors' Compensation and Reimbursement of Expenses for the Approve Compensation Month of October 2011 & Ratify Expenses 12. Investment Report as of October 31, 2011 Approve --------------------------------- - - - - -- -END OF CONSENT CALENDAR-------------- - - - - -- VII. PUBLIC COMMENTS VIII. GENERAL MANAGER'S REPORTS A. Health Benefits for Board of Directors, Resolution No. 2011 -806 Adopt Resolution B. EEC Amendments to EEC Agreements — GISICMMS Support Services Approve & Expanding Hydrogen Sulfide Study at South Coast Plaza C. CMSD Ordinance No. 87 —Amending Chapter 7.01 of the Operations Code Adopt Ordinance Pertaining to Trash Regulations "mow Oq PV��d - :k.%��se(� &,,'�nX af,! AGENDA IX. 0 XI. November 30,2071 Page RECOMMENDED ACTION D. Contract Administration /inspection Services for Project #129 — Receive & File Report Bristol Street Sewer — Phase 2 E. Zero Waste Strategies Prioritize Zero Waste Strategies RECYCLING COMMITTEE A. Monday, November 14, 2011, 10:30 a.m. (Directors Fitzpatrick and Director Ferryman) Note: The Recycling Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. Other Board members may attend but only as observers. ENGINEER'S REPORTS A. Project #129 - Bristol Street, Phase 2 Bid Opening & Recommendation for Award of Construction Contract B. Project #189 — Rehabilitation of Six Sewers Transferred to CMSD C. Project #193, Seismic Study and Retrofit for Pumping Stations SEWER SYSTEM COMMITTEE A. Tuesday, November 7, 2011, 10:30 a.m. CMSD Board Room, 628 W. 19th Street, Costa Mesa (President Ooten and Director) Award Contract Oral Report on South Coast Drive Sewer Authorize General Manager to Implement Priority I through Priority V Measures Note: The Sewer System Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. Other Board members may attend but only as observers. XII. TREASURER'S REPORTS Accept Report Trotaclin air carrrrr�rrr�:x`t 's he�atih acrd "the ens' r'arrrrvnt r` vidiq s4 a.st ` �, $611wl r �-oa' ction ser" ores. costa es (f, ;,,ft q . tyjstrict Navej,n ber 30, 2011 AGENDA, Page 4 RECOMMENDED ACTION XIII. ATTORNEY'S REPORTS A. Standing Committees 1, CMSD Resolution No. 2011 -805, Establishing Standing Committees Adopt Resolution XIV. CLERK OF THE DISTRICT'S REPORTS A. School Telephone Book Recycling Program for 2011 Accept Report XV. LOCAL MEETINGS (REMINDER: In accordance with AB 1234 (Gov. Code53232.5), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day's service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.41.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation.) A. Orange County Sanitation District (OCSD) — November 16, 2011 Accept Report (Director Ferryman) B. Santa Ana River Flood Protection Agency (SARFPA) — November 10, 2011 Accept Report (Director Perry) C. Independent Special Districts of Orange County (ISDOC) 1. Membership Dues for 2012 in the amount of $200.00 Approve Payment D. California Special Districts Association (CSDA) 1. Membership Dues for 2012 in the amount of $4,581.00 Approve Payment E. Other Meetings Qualifying for Reimbursement under CMSD Report on Matters Ordinance No. 55, Operations Code Section 3.01.030 Pertaining to CMSD XVI. OLD BUSINESS XVII. NEW BUSINESS A. Incompatibility of Office between Costa Mesa Sanitary District and Discussion Mesa Consolidated Water District XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XIX. ADJOURNMENT Rote -frog, our cu mmur ii y s e l'ih and' , e enviro ,rin,61it byprinvidiiVy sokdwwfe ar dsmer cadiction ,mrvices. COSTA MESA SANITARY DISTRICT MINUTES OF SEWER SYSTEM COMMITTEE MEETING OCTOBER 18, 2011 CALL TO ORDER Board members of the Costa Mesa Sanitary District met in Committee session on October 18, 2011 at 10:30 a.m. at 628 W. 19`h Street, Costa Mesa. President Ooten called the meeting to order at 10:30 a.m. DIRECTORS PRESENT: Bob Ooten, ,Jim Ferryman, ,Jim Fitzpatrick (Director Fitzpatrick attending as an observer only and did not participate in discussions.) STAFF PRESENT: Scott Carroll, General Manager; Rob Hamers, District Engineer; Yefim Tsalyuk, Senior Engineer; ,Joe Limon, Senior Inspector, Steve Cano, Maintenance Supervisor OTHERS PRESENT. STANDING REPORTS There was one new sanitary sewer overflow (SSO) to report occurring on September 27, 2011 at 2477 Cardinal. The 50 gallon spill, due to roots, was completely contained. Mr. Hamers reported the District has sent a letter to the resident with regard to the root problem. Letters were also sent to five other residents with root problems in their laterals. President Ooten requested removal of one of the columns on the Occurrence form and Staff will comply. NEW DISCUSSION ITEMS Mr. Hamers gave a report on the Sewer Cleaning Program and stated there is 7,562 feet of sewer main that will be cleaned by District crews in order to adhere to the prescribed cleaning frequencies. District crews will also perform root cutting of 141,791 feet and hot spot cleaning. The Contractor, NPS, is to perform yearly line cleaning only. Mr. Hamers gave an update on GIs Sewer Atlas, CMMS and Hydraulic Modeling. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING OCTOBER 18, 2411 PAGE 2 HYDROGEN SULFIDE ODOR ABATEMENT TESTING A meeting is scheduled for October 19, 2011 with South Coast Plaza Management on grease interceptors and odor at the Plaza restaurants and use of products such as Golden Bio from Golden Bell and Bio Amp from Chemsearch . President Ooten, Mr. Carroll, Mr. Hamers and Mr. Kolk from EEC will attend. ADMINISTRATIVE CIVIL LIABILITY (ACL) ACTIONS BY STATE WATER BOARDS Mr. Hamers stated under state law, the California Regional Water Quality Control Board can fine up to $10,000 a day and $10 a gallon for spills and it appears this is occurring frequently. Mr. Hamers provided a copy of an Administrative Civil Liability (ACL) complaint to El Polio Loco, Inc. for an estimated 500 gallons of raw sewage spilled from their facility. The Regional Board proposed a civil liability be imposed in the amount of $9,450 for the violations ($4,950 penalty and $4,500 in staff costs). WDR COMPLIANCE Mr. Hamers provided a Statewide Sanitary Sewer Overflow Reduction Program Annual Compliance Report. The report revealed that over a four -year period, 74,170,763 gallons of untreated wastewater has made its way to surface waters and the ocean. The number one cause of SSOs is roots and the second is FOG. The report included an illustration of sewer pipe age distribution. Also included were regional trends in number of SSOs and miles of public sewer pipe. In the Santa Ana Region, agencies own 15% of the total statewide sewer mains but are responsible for only 4% of spills. The report also included a table with the highest volumes of spilled sewage. Mr. Carroll provided a fiscal year 2010 -11 Orange County SSO Report with data from all the public agencies in Orange County that experienced an SSO. There were a total of 27 public agencies that had 113 SSOs. The District ranked 11th based on the number of SSOs per 100 miles of sewer while the District ranked 2nd lowest in the total volume per 100 miles of sewer that reached surface waters. Mr. Hamers reported on discussions at the WDR Steering Committee on October 6, 2011, regarding backup power and the recent San Diego power outage. The attendees believe the WDR obligates them to provide full backup power for their sewer system during a power outage. It was noted that San Clemente has 16 standby generators and other backup equipment and they had no spills during their 8 -hour outage that occurred during the San Diego event. Mr. Hamers stated an attendee at the WDR Steering Committee quoted a State Water Board statement that the Region 9 Water Board was disappointed that San Diego did not have backup power that would have prevented an earlier spill. WDR SEMINARS A Seminar hosted by the WDR Steering Committee on "Spiral Wound Liners" is scheduled for Thursday, October 20, 2011 from 9:30 to 11:30 a.m. at the Courtyard Center in Garden Grove. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING " OCTOBER 18, 2011 PAGE 3 CMSD PROJECTS Project #101 West Side Pumping Station Abandonment Status Mr. Hamers reported OCSD selected Dudek as their consultant for EIR and Alignment Study. Project #129 Bristol Street Sewer Phase II Status Mr. Hamers reported the project is out to bid with bid opening on October 25, 2011 Project #171 Irvine Pumping Station Force Main Rehabilitation Status Mr. Hamers reported the District is awaiting soils investigation report and then will finalize plan and specs for bidding. Project #185 System -Wide Sewer Reconstruction Phase 1 of 4 Status Mr. Hamers reported construction is continuing and 22 additional Grade 5 repairs were added to the project. Project #189 Rehabilitation of Six Sewers Transferred to CMSD Status Mr. Hamers reported the gravity sewer main on South Coast Drive is installed and the contractor is now rehabilitating manhole interiors and grinding off "OCSD" from manhole covers. Project #192 System -Wide Sewer Reconstruction Phase 2 Mr. Hamers reported the design phase is underway. Project #193 Pumping Station Seismic Study Mr. Hamers reported a Consultant draft report was discussed at Staff level on October 5, 2011. The report contains an analysis of the potential effects on pumping stations from a 6.0 magnitude earthquake. Staff will be meeting with the consultant to discuss and finalize recommendations. SSC MEETING SCHEDULE The next meeting is scheduled for November 8, 2011 at 10:30 a.m. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING OCTOBER 18, 2011 ;il PAGE 4 PUBLIC COMMENTS There were no public comments. ADJOURNMENT The meeting was adjourned at 11.57 a.m. CHAIRMAN COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING October 24, 2011 The Costa Mesa Sanitar� District Recycling Committee met on October 24, 2011 at 10:30 a.m. at 628 W. 19 Street, Costa Mesa. Directors Present: Jim Fitzpatrick, Mike Scheafer, Art Perry Staff Present: Scott Carroll, Joan Revak, AJ Cully, Isidro Gallardo Others Present: Dean Ruffridge, CR &R; Trisha Throop, Community Relations Recycling Coordinator, CR &R; Debbie Morris, HF &H Consultants; Mike Carey, OCC Recycling Center; Pooja Jhobalia, Goodwil of Orange County Chairman Fitzpatrick called the meeting to order at 10:30 a.m. I. Recycling Report — September 2011 Report accepted. II. Waste Diversion Report - September 2011 Report accepted. III. Ordinance Enforcement Officer's Report — September 2011 Mr. Gallardo reported no calls to the District office related to scavenging activity. However, he indicated there were incidents he observed directly. The incidents were on Royal Palm Drive (alley), Bernard Street, Charie Street, 1955 Arnold Avenue, and two on Orange Avenue. No citations were imposed. . The CR &R field maintenance crew completed the removal of graffiti from trash bins on the 600- 700 blocks of Hamilton Street and the 200 block of Wallace Avenue. There were six complaints to the District headquarters reporting trash bins left in public sight. Site visits were made and Mr. Gallardo will return to each address to ensure compliance. It appears the courtesy notices are producing the desired results. Several shopping carts were observed at different locations and were reported to Costa Mesa's cart retrieval hotline. l "s d, VeizuIn �9`��9,�� b °' V'�d'b� "i��ll "��N�� °iPad �� "tlblPJir��l��vW "'bofir d'rvasf VRn- a .s.elt "Cl,C," 6(11r."ti n IV V. VI. Scavenging Report Costa Mesa Sanitary District Minutes of Recycling Committee Meeting October 24, 2011 Page 2 Ms. Cully presented the scavenging statistics provided by the Costa Mesa Police Department. There were 14 calls in the month of September, nine of which were single family homes. There are 219 lockable containers within the District. Director Scheafer requested the Committee be advised if there are requests for lost keys to the containers. Goodwill Industries Pooja Jhobalia, Donations Acquisition Manager of Goodwill of Orange County was introduced and gave a presentation on the mission of Goodwill. Goodwill provides opportunities for persons with disabilities and other barriers to achieve their highest level of personal and economic independence. Their mission is accomplished through sales in the stores as well as other business services, and all of that funding goes to employment opportunities, training and educational resources to the community. Goodwill partnered with the Orange County Fair and this year alone received over 20,000 donations at the Orange County Fair for one day. The stores offer a variety of items for residents to shop at a bargain level. The Agency worldwide has created the "donate movement" — to reduce, reuse and repurpose, and it is a practice in which Goodwill has been able to divert 3.3M pounds of donated goods from the landfills internationally. Goodwill is a certified a -waste collector and has partnered with several cities where they have held electronic recycling events. Mr. Ruff ridge stated CR&R has worked with Goodwill over the years. Mr. Carroll stated the CMSD is teaming up with the City to form a task force to find solutions to deal with discarded items left at curbside, and stated Goodwill would be welcome to join in the task force. Update on OC Waste and Recycling Grant Ms. Cully reported in Fiscal Year 2009110, the Costa Mesa Sanitary District, City of Costa Mesa and the City of Huntington received $142,256 from OC Waste and Recycling for the AB 939 Regional Recycling and Waste Diversion Grant program. An overview was provided on the progress made thus far as well as an action plan for the next six months. The grant has been extended until December 31, 2013. Dr. Francene Kaplan has presented 25 composting workshops since September 2010 including 9 schools, 7 community events and 9 workshops at the Orange County Fair. The CMSD participated in the Orange County Fair where the Centennial Farms Coordinator boasted the workshops attracted a record attendance of over 340 people in four weeks. x'9114 ,'.C.Mw °u& ga4� ,, Costa Mesa Sanitary District Minutes of Recycling Committee Meeting �M October 24, 2011 Page 3 VII. CMSD Board of Directors Zero Waste Workshop — November 2, 2011 at 8:00 a.m. A workshop on Zero Waste will be held on November 2, 2011 at 8:00 a.m. VIII. Banning Ranch Ms. Cully further explained District Staff has received numerous complaints regarding inappropriate or unauthorized use of trash containers in the community. The proposed ordinance will allow the CMSD to assist those who wish to address the misuse through a formal process. Residents will have to provide proof of the violation through photos or videos submitted to the CMSD office. A citation will also be issued if the CMSD Code Enforcement Officer witnesses the incident. Action Items IX. Draft Ordinance Prohibiting Unauthorized Use of Trash Containers Ms. Cully presented a draft ordinance amending Chapter 7.01 of the Operations Code pertaining to trash regulations. The Ordinance clearly defines the unauthorized use of another person's trash container without expressed written permission from the owner or legal possessor of the container. The revision also gives the District strong enforcement powers against any individual found violating the code. XI. Public Comments There were no public comments. XII. Discuss items for next Meeting Committee Chairman Fitzpatrick adjourned the meeting at 12:14 p.m. Next Meeting Date — November 14, 2011 at 10:30 a.m. Chairman Protu" ic,Im vyd r("OnnnurPHY'm fv, ?., f die 6V provid-4qy sr ),hd TV,"'aste, aol� Ji s�eru,,e ?iM„ N w !M Nuniber __ COSTA MESA SANITARY DISTRICT MINUTES OF INVESTMENT OVERSIGHT COMMITTEE MEETING October 27, 2011 CALL TO ORDER The meeting was called to order at 5:00 p.m. by Treasurer Marc Davis ROLL CALL Committee Members Present: Vice President Jim Ferryman (rotating committee member) Director Jim Fitzpatrick {rotating committee member} Mr. Scott Carroll, General Manager Staff Members Present: Mr. Marc Davis, Treasurer Ms. Teresa Gonzalez, Accounting Manager Ms. Joan Revak, Clerk of the District Public Present: None NEW BUSINESS Review of Investment Report Mr. Davis reported the District's investment portfolio is in compliance with its liquidity limitations which require a minimum of 20.00% of the portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of September 30, 2011 was 34.05 %. One home loan earning 2% was called at the beginning of the month and one Fannie Mae earning 1.8% was called during the month. Those were replaced with three additional investments. The District purchased $1 M Fannie Mae which is a step -up security, meaning it starts at one interest rate and over time that interest rate will increase. Mr. Davis stated the District has adequate operating reserves necessary to meet its obligations for the next six months. The portfolio is budgeted to earn an average rate of 1.100% for the year ending June 30 2012. The portfolio has earned a weighted average interest rate of 1.205 %. The District's investments were discussed. The benefits of the Committee were discussed and the Committee will propose disbanding the Committee at the regular Board of Directors meeting with quarterly reports. PUBLIC COMMENTS There were no items discussed under public comments. ADJOURNMENT The meeting adjourned at 5:24 p.m. Approved by: Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors Board of Directors '111310111 V11, A, 4. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING OCTOBER 27, 2011 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on August 25, 2011 at 5:30 p.m. at 628 W. 1 9E Street, Costa Mesa. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: Director Fitzpatrick led the Pledge of Allegiance. Director Scheafer led the Invocation. Robert Ooten, James Ferryman, Mike Scheafer, Jim Fitzpatrick, Art Perry STAFF PRESENT: Scott Carroll, General Manager; Joan Revak, Office Manager /Clerk of the District; Robin B. Hamers, District Engineer; Alan Burns, District Counsel; Sherry Kallab, Administrative Manager; Marc Davis, Treasurer; Teresa Gonzalez, Accounting Manager; AJ Cully, Management Analyst OTHERS PRESENT Dean Ruffridge, CR&R ANNOUNCEMENT OF LATE COMMUNICATIONS Ms. Revak provided a revised copy of Director Fitzpatrick's August expense reimbursement form and a revised copy of Director Perry's October 2011 expense reimbursement form for October 11 and 12, 2011 expenses at the CSDA Conference in Monterey. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 27, 2011 CONSENT CALENDAR REPORTS MINUTE APPROVAL Minutes of Sewer System Committee The Minutes of the Sewer System Committee Meeting — September 13, 2011 Meeting of September 13, 2011 were approved as distributed. Minutes of Recycling Committee Meeting — September 19, 2011 Minutes of Regular Board Meeting — September 22, 2011 ENGINEER'S REPORTS Project Status Report Occupancy Report and Payment of $197,143.23 to Costa Mesa Disposal — October 2011 The Minutes of the Recycling Committee Meeting of September 19, 2011 were approved as distributed. The Minutes of the Regular Board Meeting of September 22, 2011 were approved as distributed. The Project Status Report dated October 2011 was accepted as submitted. The Trash Occupancy Count documented an increase of one unit for the occupancy report for solid waste collection as of October 1, 2011. Therefore, the total for October is 21,533 and the payment of $197,143.23 was ratified. Contract Payment of $160,599.28 to CR The contract payment of $160,599.28 to Transfer — September 2011 CR Transfer for recycling services and disposal for the month of September 2011 was ratified as submitted. Contract Payment of $8,981.85 The contract payment of $8,981.85 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal for Heights /Newport Beach — September Santa Ana Heights /Newport Beach for the 2011 month of September 2011 was ratified as submitted. COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 27, 2011 Warrant Register for the month of September 2011 in the amount of $794,282.08. Directors Compensation & Reimbursement of Expenses for the month of September 2011. Investment Report for the month of September 2011. Quarterly Budget Report (July — September 2011. PAGE 3 Warrant Resolution #CMSD 2012 -4 was approved, authorizing the President and Secretary to sign the warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $794,282.08. Director Compensation and Expense Reimbursements for the month of September 2011 were approved and ratified as follows: President Ooten: $1,326.00 + $971.12 Vice President Ferryman: $1,326.00 + $4.44 Director Scheafer: $1,326.00 + $1,182.67 Director Fitzpatrick:$1,326.00 + $855.64 Director Perry: $1,326.00 + $1,093.53 For the Month of July: Director Fitzpatrick: $1,105.00 For the Month of August 2011 Director Fitzpatrick: $1,326.00 The Investment Report for the month of September 2011 was approved as submitted. The Quarterly Budget Report for July — September 2011 was approved as submitted. END OF CONSENT CALENDAR Director Ferryman moved to accept the Consent Calendar with the corrected expense reimbursement forms for Directors Perry and Fitzpatrick. Director Scheafer seconded the motion. Motion carried 5 -0. WRITTEN COMMUNICATIONS There were no written communications. PUBLIC COMMENTS President Oaten invited public comments. There were no public comments. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 27, 2011 GENERAL MANAGER'S REPORTS STRATEGIC PLAN PROGRESS REPORT - 2011 -12 —15T QUARTER Mr. Carroll presented a quarterly progress report on the District's Strategic Plan. BOARD OF DIRECTORS' HEALTH BENEFITS Mr. Carroll reported on his research on health benefits for the CMSD Board of Directors. Under the Public Employees' Medical and Hospital Care Act ( PEMHCA), government agencies are required to pay a portion of public employees and elected officials health premiums. PEMHCA specifically states: "In order to participate, public agencies must agree to the regulations covering provisions of the benefits under PEMCHA. A key consideration is that the employer must agree to provide access to the health benefits to both active employees and annuitants on an equal basis. This means the employer is required to make specified and equal contributions towards premium costs for active employees and annuitants. The contribution levels are set in statute." Mr. Carroll further stated, the District covers more than the minimum for Staff due to the Cafeteria Plan allowance of $799 to $1199 per month. If the Board desires to participate in the District's health plan, the District must make the minimum contribution. The minimum contribution amount is adjusted annually to reflect any change in the medical care component of the CPI. The minimum employer contribution for 2011 was $108. In January 2011 the annual percentage change in the CPI medical care component was 3.4 %, so the minimum contribution rate for 2012 will be $112.00. Director Scheafer requested Staff to inquire on directors' health benefits at Mesa Consolidated Water District and other districts in the county. Mr. Carroll advised the Board if they wish to proceed by participating in the District's health plan, a resolution must be adopted by the Board in which Staff will present for approval consideration at the regular November 2011 meeting. The Board requested Staff to bring back the results of a health care benefits survey and a resolution for Board approval. FIRST AMENDMENT TO AGREEMENT - CR&R, INC. Mr. Carroll stated the Board of Directors recently approved revising the District's Large Item Collection Program by discontinuing the summer event and replacing it by allowing residents to call in for three large item collections at any time throughout the calendar year with up to ten items at each pickup. CR &R has agreed to pay the District an annual payment for the salvage value of metallic and white goods collected in 2008, 2009 and 2010 of the program, which totals $17,171. The value for the last ten years averaged $9,537 per year. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 27, 2011 Mr. Carroll presented an amendment to the CR &R Agreement changing the scope of work for large item collections and also changes the delivery charge for additional containers. Currently, if a resident requests an additional container, a delivery charge of $55 to $70 (depending on container size) is applied. The Contract amendment stipulates that a delivery charge will not be applied for additional and /or new and/or replacement containers. A rate of $8 per month will still apply for a third or more containers. Director Perry moved to approve the first amendment to the CR &R, Inc. agreement. Director Ferryman seconded the motion. Motion carried 5 -0. CAPITAL IMPROVEMENT PROJECTS CARRYOVER REQUEST Mr. Carroll presented a capital improvement project (CIP) budget for consideration. Mr. Carroll stated the nature of capital improvement projects is such that their scope and size inherently precludes them from being completed within the fiscal year in which funding was initially appropriated. Additionally, Mr. Carroll explained all appropriations lapse at the end of each year. It is, therefore, necessary to request the unspent capital improvement project appropriations be carried over in the subsequent fiscal year. Director Perry moved to approve the carryover of capital improvement project appropriations in the amount of $2,996,756 from fiscal year 2010 -2011. Director Scheafer seconded the motion. Motion carried 5 -0. REAPPROPRIATION OF FUNDS FROM FY- 2010 -11 TO FY- 2011 -2012 Mr. Carroll reported several District projects were not completed in the last fiscal year and all appropriations lapse at the end of each year. It is, therefore, necessary to request the unspent budget appropriations be carried over into Fiscal Year 2011- 12. Staff recommended the Board approve expenditure carryovers as follows: $33,100 for the balance of the fire damaged equipment to be replaced. $6,720 for consulting services for the completion of the Records Management System. $32,100 for purchase of equipment for the Records Management System $97,675 for unspent AB939 grant funds. Additionally, Staff recommended the Board approve the following revenue carryovers: $449,643 to be received from the Orange County Development Agency upon completion of Project #129 Bristol Street and $97,675 of AB939 recycling grant revenue to be received for the joint agency agreement to provide compost bins and presentations to schools and the community. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 27, 2011 Director Scheafer moved to approve the budget adjustment. Director Perry seconded the motion. Motion carried 5 -0. ATALOG CHOICE - PREVENT UNWANTED JUNK MAIL Ms. Cully reported on "Catalog Choice ", a firm that deals with unwanted junk mail. The company developed an innovative online service allowing residents to reduce the amount of unwanted junk mail delivered to their homes. Catalog Choice is the largest independent mail preference registry in the United States, servicing over 1.4 million households. Discussion was held on the topic. Vice President Ferryman moved to give direction to formulate a junk mail management program for CMSD residents. Director Perry seconded the motion. Motion carried 5 -0. RESCHEDULE NOVEMBER 17, 2011 REGULAR BOARD MEETING Mr. Carroll reported on a nomination the District submitted to the Orange County Business Council. On November 17, 2011 OCBC is hosting a reception at Mastro's Steakhouse in Costa Mesa honoring all nominees and presentation of awards to the top six programs. November 17, 2011 is the date of the regular CMSD Board of Directors meeting and Mr. Carroll questioned the Board on their preference of re- scheduling the regular meeting. Director Scheafer moved to change the November regular meeting date to Wednesday, November 30, 2011 at 5:30 p.m. Director Ferryman seconded the motion. Motion carried 5 -0. EARLY CLOSING ON NOVEMBER 23, 2011, DECEMBER 23, 2011 AND DECEMBER 30, 2011 Mr. Carroll requested the Board consider closing the District office at noon on November 23, 2011, December 23, 2011 and December 30, 2011, as has been the tradition in the past. Director Ferryman moved to approve closing the District office at noon on November 23, 2011, December 23, 2011 and December 30, 2011. Director Scheafer seconded the motion. Motion carried 5 -0. RECYCLING COMMITTEE The Recycling Committee meeting met on October 18, 2011. Director Fitzpatrick and President Ooten attended and gave a report on the meeting. A discussion on Zero Waste and developing key objectives within control and influence of the CMSD was discussed. A variable refuse rate was discussed and the possibility of establishing a variable rate system for refuse. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 27, 2011 ENGINEER'S REPORTS Mr. Hamers stated he had nothing to report. SEWER SYSTEM COMMITTEE President Ooten reported on the Sewer System Committee meeting held on September 13, 2011 An update on all CMSD projects was provided. TREASURER'S REPORTS INVESTMENT OVERSIGHT COMMITTEE MEETING - OCTOBER 27. 2011 Mr. Davis reported on the Investment Oversight Committee meeting held at 5:00 p.m. this date. A discussion was held on the necessity for continuing the Committee that was initially formed at the time of the Orange County bankruptcy. The Board agreed to discontinue the Committee and receive quarterly reports from Staff on investments. ATTORNEY'S REPORTS STANDING COMMITTEES Mr. Burns presented CMSD Resolution No. 2011 -805, Establishing Standing Committees. As discussed at the Investment Oversight Committee meeting the Board reviewed the necessity of the Investment Oversight Committee. Mr. Burns stated four standing meetings have been identified and the Resolution was drafted to clarify the various Committees. Mr. Davis stated the Board annually discusses and votes on the investment policy. Vice President Ferryman moved to eliminate the Investment Oversight Committee. Director Fitzpatrick seconded the motion. Motion carried 5 -0. Mr. Burns will revise the proposed Resolution to eliminate the Investment Oversight Committee and bring the Resolution to the November regular Board of Directors meeting. CLERK OF THE DISTRICT REPORTS Ms. Revak stated she had nothing to report. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING FIELD OCTOBER 27, 2011 LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman attended the OCSD meeting held on October 26, 2011, and gave a brief report. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry reported the Santa Ana River Flood Protection Agency did not hold a meeting this month. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) The ISDOC Quarterly meeting was held on September 29, 2011. President Ooten reported discussion was held on OCCOG and fees. CALIFORNIA SPECIAL DISTRICT ASSOCIATION CONFERENCE -OCTOBER 10 -13 2011 Reports were given by Board members on the CSDA Annual Conference held in Monterey October 10 -13, 2011. Director Scheafer reported on the Governance class he and Vice President Ferryman attended. CITY OF COSTA MESA, MESA CONSOLIDATED WATER DISTRICT AND COSTA MESA SANITARY DISTRICT LIAISON COMMITTEE MEETING - OCTOBER 14, 2011 Reports were given by Directors who attended the Liaison Committee meeting held at CMSD headquarters on October 14, 2011. OLD BUSINESS There was no old business discussed. NEW BUSINESS There was no new business discussed. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Perry requested the item "Incompatibility of Office" be placed on the November 2011 agenda. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD OCTOBER 27, 2011 ADJOURNMENT President Ooten adjourned the meeting at 7:49 p.m. Secretary President 1103011/ V1 & 5, COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING NOVEMBER 2, 2011 Directors Present: Robert Ooten, James Ferryman, Mike Scheafer, Jim Fitzpatrick, Art Perry Staff Present: Scott Carroll, General Manager Joan Revak, Officer Manager /Clerk of the District AJ Cully, Management Analyst Others Present: Debbie Morris, HF &H Consultants Mike Carey, Orange Coast College Recycling Center Dean Ruffridge and Paul Relis, CR &R, Inc. The Board of Directors of the Costa Mesa Sanitary District met on Wednesday, November 2, 2011 at 8:00 a.m., in the Board Conference Room at the Costa Mesa Sanitary District, 628 W. 19th Street, Costa Mesa, California. President Ooten opened the meeting and turned the meeting over to Director Fitzpatrick who, along with Debbie Morris of HF &H Consultants and Dean Ruffridge and Paul Relis of CR &R, Inc. gave presentations on Zero Waste. Zero Waste is the recycling of all materials back into nature or the marketplace in a manner that protects human health and the environment as explained by the presenters. It is a design principle for the 21St Century that seeks to redesign the way resources and materials flow through society. Zero Waste is a fresh approach to waste management and the use of resources. It goes beyond the "end -of- the - line" treatment of waste and promotes not only the three "R "s" (reduce, reuse, recycle), but also focuses on a whole system approach to the use of resources. Director Fitzpatrick presented traditional elements of zero waste and compelling events such as AB 341 that set 75% statewide diversion by 2020; and examined how the elements will be met by the District. President Ooten and Vice President Ferryman reported on efforts being made by the Orange County Sanitation District. rotecting our co marfi MT health, and the envin, nme t b rovi4n s'o id wa.vte awl-sewer collection services, costa ev sanjila islrlct,org Costa Mesa Sanitary District Page 2 Minutes of Special Meeting Held November 2, 2011 Debbie Morris of HF &H Consultants emphasized the need for public education and outreach and lots of it, environmental purchasing and product stewardship policies including advanced disposal fees, minimized environmental impact through design and product bans on Styrofoam and single -use bags. Discussion was held on Zero Waste and the need for educating the public, and performing a survey was suggested. It was agreed to place "Zero Waste" as an item on the November 30, 2011 agenda. 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C' U I CL .r Iii U Q n En c - a Z to co (a O r o > o Ir :F- ° I� ,d E IZ a r Q � 0 T Q n j p o O a 0 (D O If c� r O o {.7 ro C7 O CL U) of w U V- U J Q n - Z O c°� r o U Z :F- ° � a jam: I� ,d E IZ a r Q � 0 I U30111 V V. C. 7. Costa Mesa Sanitary Distnct ... an Independent Special District Memorandum To: Board of Directors From: Jane] Jackson, Pen-nit Technician Date: November 1, 2011 Subject: REFUND .REQUEST FOR BOARD APPROVAL There were no refund requests for the month of October 2011. &,,oard qf"L'Nreceors Raberi Oown jennes Farr yMe"'ol Mike Scher,�Ii"T Aral 'ne.r,Peny S e njj' Seat( C" CltrruH (";eaeral aIvfixnager M.g.g.wa-p-pate qta'�� wlbp I I t3oll I V1. CII a. (,,.Iosta, M'iesa Sanita-rN, District am. Imbe-rx"Jibent Speciat November 1, 2011 Board of Directors Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627-2716 SUBJECT: TRASH OCCUPANCY COUNT Dear Board of Directors: 11OU71 16,..,vak There is an increase of one for the occupancy report for solid waste pffice" Alamagfv collection as of November 1, 2011; therefore, the total occupancy count for Clerk o,"'djo lain ric-.r November 1, 2011 is 21,534. Robb"' .8, lyeunerx District Enghleo..-Ir (94 9) 6,` U - 1731 Abot 1?, Bro-ny beg'al Counsel Murcus D. Den,,7's P,ea,surer Phone (949) 645-81,,nk) Fa"Ir (949) 650,2253 ✓ r1dress 628 IT' Polth Sn,47�.n &fisa �d 92627-W16 4t Primed on Rfv. -led Paper Staff recommends the following: 1. The Board of Directors accepts the occupancy count as presented using 21,534 as the correct number of units. 2. The Board of Directors directs staff to prepare a warrant to Costa Mesa Disposal for October collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement. Said payment in the amount of $197,152.38 to be ratified in the December 2011 warrant list. Sincerely, Sherry Kallab Administrative Manager cc: Costa Mesa Disposal CMSD Permit Processing Department Pratzaring 014:1" C0tHIfMMir-%S iwmh , amb Ovb, enuironment 11�y poruibing u4jo fsgasw ank) sewer caffeaio�j &erviu,,& mom mm ME ' I 0501111100M,, 19 0 0 18 5 9 7 2 BILL TO: INVOICE COSTA MESA SANI DIST AREA 9 628 W 19TH ST COSTA MESA CA 92627 Meetfng Date Rem Nyrnber 11/30/11 Vf. C 9_ N. U. t5UA I e-� STANTON. CA 90680-0125 TERMS: NET 10 DAYS 70pX(I31j(,REI)I7 - :dz,6� CARfl PILFASE FLL IN INFORMAT I ,- ON PACK OF REM, FANCL INVOICE INVOICE DATE: 18597 11/01/11 COSTA MESA SANI DIST AREA 9 P.O. BOX 1200 COSTA MESA CA 92627 CUSTOMER ff- 09- 9 2 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 160,559.28 155,582. 156 526.33 161,503.42 � 19 _j ! __j Please detach here and return with your payment CHECK It CR TRANSFER, INC. 10/03/111 R RESIDENTIAL WASTE 1 16 1 169.5E 10/04/11 I II RESIDENTIAL WASTE 1 15 1 148.05 10/05/11 R RESIDENTIAL WASTE 1 13 1 122.8� 10/06/11 R RESIDENTIAL WASTE I I 15 1 141.90 10/07/11 R RESIDENTIAL WASTE I I 13 1 132-1( 10/10/11 R RESIDENTIAL WASTE 1 16 1 164.7E 10/11/11 R RESIDENTIAL WASTE 1 14 1 138::9;[ 10/12/11 R RESIDENTIAL WASTE 1 13..'`124:"6E 10/13/11 R RESIDENTIAL WASTE 1 14 1 152 10/14/11, R RESIDENTIAL WASTE 1 13 1 130.1 10/17/11 R RESIDENTIAL WASTE 1 16 1 165.8[ 10/18/11 R RE S T 1 FN T I I 14 1 146.01 10/19/1 R I� L 13 1 126.4- 10/20/1 TOTALS 300 3 0 02 , 0 r 52.220 52.220 52.220 52.220 52.220 52.220 52:22D. .5.2.220. 52.220 52.22 0 ✓ 52.220 52.220 52.220 52-220 52.220 52.220 ✓ 52.220 52.220 52.220 . 5,2.220 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: PRE S .DUE Eq� aES 0 CUSTOMER ft: C) 9 9 2 iNVOICE it 18597 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE 8,853.90 7,733.26 6,413 .66 7,414.72 6,898.26 8,603.77 7,253.36 6,509.7 7,961.98 6,79-1,39 8,658.08 7,624.64 ; 6,604.26 7,111.32 j. 7,141.61 8,703.51 7,139.00 6,045 51 4 : 02 7, 90 6,802.18 8,595.93 156,768.11 (714) 826-9049 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: PRE S .DUE Eq� aES 0 CUSTOMER ft: C) 9 9 2 iNVOICE it 18597 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE 8,853.90 7,733.26 6,413 .66 7,414.72 6,898.26 8,603.77 7,253.36 6,509.7 7,961.98 6,79-1,39 8,658.08 7,624.64 ; 6,604.26 7,111.32 j. 7,141.61 8,703.51 7,139.00 6,045 51 4 : 02 7, 90 6,802.18 8,595.93 156,768.11 (714) 826-9049 INVOICE OR77it �A-ff �Y7--? ffvcoRPoj"rAFD 00 : 'I, �,I —0411M '3700185985 13ILL TO: COSTA MESA SANT DTST-SA HGT 628 W 19TH ST COSTA MESA CA 92627 CUSTOMER #: 09- 11 8 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE — --------- ! ---- - 8,981.85 B, 981._85l 9,923-37 9,923.37 Please del-irh here and return with your payment CHECK 4 CR TRANSFER, INC. 10/05/111 MAIL PAYMENT TO: 4 CR TRANSFER, INC. RESIDENTIAL WASTE P. O. BOX 125 10/12/11 STANTON, CA 90680-0125 4 TERMS: NET 10 DAYS RESIDENTIAL WASTE TO PAY BY CREDIT 10/19/11 CA39D. PLEASE riLl IN INFOMAATiON ON SACK 4 OF REMMANCE INVOICE 4: (NVOICE DATE: 18598 11/01/11 COSTA MESA SANT DIST-SA HGT P.O. BOX 1200 COSTA MESA CA 92627 CUSTOMER #: 09- 11 8 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE — --------- ! ---- - 8,981.85 B, 981._85l 9,923-37 9,923.37 Please del-irh here and return with your payment CHECK 4 CR TRANSFER, INC. 10/05/111 RESIDENTIAL WASTE 4 10/11/11 RESIDENTIAL WASTE 1 10/12/11 RESIDENTIAL WASTE 4 10/18/11 RESIDENTIAL WASTE 1 10/19/11 RESIDENTIAL WASTE 4 10/25/11 RESIDENTIAL WASTE 1 10/26/11� i RESIDENTIAL WASTE 4: TOTALSI i 19 40.71 52.2201 7.8 52.220 43.08/ 52.220 7.01--' 52,220: 41.6 52,220 7.6 52.220 .4 2. 0 :.52 .;220 I 19 v ." c) 0 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: PREVIO( s A WUWPUE � SIL5 _�URN -;al _90ES VT4 9 7 CUSTOMERII: 09- 11 8 INVOICE 4 18598 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE 2,129-53 410.97 2,249.64 365.54 2,173.40 401.05 2,193.24 9,923-37 (714) 826-9049 INVOIC�qn!A§ 7 011i—I — -111, ..'1 -. AHeetin date Item Number 11/30/11 VI. C. 10. COSTA MESA SANITARY DISTRICT Warrant Resolution No. CMSD 2012 -5 A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT RATIFYING THE PAYMENT OF CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME WERE PAID. THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: Section 1. That the attached claims and demands totaling $597,153.29 have been audited as required by law and that the same were paid out of respective funds as hereinafter set forth. Section 2. That the Clerk of the District shall certify to the adoption of this Resolution and shall retain a certified copy thereof in her own records. PASSED AND ADOPTED this 30th day of November 2011. ATTEST: Secretary STATE OF CALIFORNIA } COUNTY OF ORANGE } ss COSTA MESA SANITARY DISTRICT } President I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the foregoing Warrant Resolution No. CMSD 2012 -5 was duly adopted by the Costa Mesa Sanitary District at a regular meeting held on the 30th day of November 2011. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 30th day of November 2011. Clerk of the Costa Mesa Sanitary District O 46 r •� d m ti p z 0 a v cu E cl z 0 u V d noornrn v� vi m �o l 000 O 0 m vi o0 0o rn m V1 V1 M � x U U U U U U cn ?L V] C% ?L cn cn as a ;3 a3 a :3 a a ;3 a aCi cCi a°i aCi a°i ri a�'' a ri ri E E E E E u 0 U 0 u SSSSS n. Q > p f7. 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Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Marc Davis, Treasurer Date: November 30, 2011 Subject: Investment Report for the Month of October 2011 Summary Attached is the Investment Report for the month of October 2011. As required by the District's Statement of Investment Policy, the Investment Report delineates all investment activity during the month. Staff Recommendation Approve the Investment Report for the month of October 2011. Analysis This report lists the types of securities held in the District's portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of October 31, 2011. The District's investments are in compliance with the Statement of Investment Policy adopted by the Board at the July 28, 2011 regular meeting, as well as the California Government Code. The market values in this report were provided by our third party custodian, Bank of New York, except for the Local Agency Investment Fund (LAIF). The market value of LAIF was provided by the State Treasurer's Office. It does not represent the value of the underlying securities within the pool, but rather the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard practices for similar funds. Board of Directors November 30, 2011 Paae2of3 The weighted average stated rate of return (current yield) for the District's investment portfolio as of October 31, 2011, was 1.212 %. The yield to maturity of the portfolio was 1.232 %. The District's weighted average interest rate was 83 basis points (0.834 %) above the daily effective yield of LAIF, which was 0.378% as of October 31, 2011. The weighted average number of days to maturity for the District's total portfolio was 1,070 days (2.93 years). The average duration of the underlying securities in LAIF as of October 31, 2011, which is the most current information available, was 240 days. The District's investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of October 31, 2011 was 31.41%. As of October 31, 2011, the District has adequate operating reserves necessary to meet its obligations for the next six months. Strategic Plan Element & Goal This item supports achieving Strategic Element No. 7.0, Finances, by ensuring the short and long -term fiscal health of the District. Legal Review Legal review is not required. Financial Review The portfolio is budgeted to earn an average rate of 1.100% for the year ending June 31, 2012. Through October 31, 2011, the portfolio has earned a weighted average interest rate of 1.207 %. Staff anticipates that the District will be on budget with its estimated investment earnings. Committee Recommendation Review by the Investment Oversight Committee is not required this month. 2 Board of Directors November 30, 2011 Paae3of3 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the October 22, 2011 Board of Directors regular meeting at District Headquarters (628 W. 19th Street) and on the District's website at www.crosdca.gov. Alternative Actions 1. Refer the matter back to staff Attachments Treasurer's Report of Pooled Cash and Investments as of October 31, 2011 3 COSTA MESA SANITARY DISTRICT Treasurer's Report of Pooled Cash and Investments October 31, 2011 Costa Mesa Sanitary District Pooled Cash and Investments by Fund October 31, 2011 CMSD Solid Waste Activities CMSD Liquid Waste Activities Asset Replacement Fund Asset Management Fund Total Pooled Cash & Investments Marcus D. Davis Treasurer /Director of Finance 1 11/14/11 Date $ 3,749,270.79 5,489,038.05 209,498.20 4,982,852.45 $ 14,430,659.49 Deposits Outstanding Bank Balance In Transits Checks Book Balance Active Accounts: Bank of America $ 101,404.00 - 251,263.51 $ (149,859.51) Total Active Accounts 101,404.00 - 251,263.51 (149,859.51) Market Adiustment Market Value Increase Decrease Cost Investments: Local Agency Investment Fund $ 3,555,857.84 - $ 3,555,857.84 Money MarkeVSweep Account 1,024,461.16 - - 1,024,461.16 Federal Agency Securities 10,016,780.00 - 16,580.00 10,000,200.00 Total Investments 14,597,099.00 - 16,580.00 14,580,519.00 Total Pooled Cash & Investments $ 14,698,503.00 $ - $ 267,843.51 $ 14,430,659.49 Costa Mesa Sanitary District Pooled Cash and Investments by Fund October 31, 2011 CMSD Solid Waste Activities CMSD Liquid Waste Activities Asset Replacement Fund Asset Management Fund Total Pooled Cash & Investments Marcus D. Davis Treasurer /Director of Finance 1 11/14/11 Date $ 3,749,270.79 5,489,038.05 209,498.20 4,982,852.45 $ 14,430,659.49 COSTA MESA SANITARY DISTRICT Investment Activity Summary October 31, 2011 Total investments outstanding as of September 30, 2011 $ 15,164,415.74 Additions: Gain on sale of investment - Investment purchases 1,000,000.00 Deductions: Investment maturity /sale proceeds - Loss on sale of investment - Investments called (1,000,000.00) Net increase (decrease) in Sweep Account 5,005.57 Net increase (decrease) in LAIF (588,902.31) Total investments outstanding as of October 31, 2011 $ 14,580,519.00 2 H W U a: i N G W r >- d r a N � � r CO) tIJ � N � v c O a) a O 0 U c U) d E E 0 U f Nt(D 0000000000 00 T O O O O O O O O O O a) LO CD O O O O O O O O O 0 E W 00 0 0 0 u-) O r' O O O O +-' p L. d C 0 C O O m O O O O O u7 N O O O O O O O O O 0 u7 O O O O O O M O O Cl Cl _ CO r r r T T T r r r r m O o 0 0 0 0 0 o a a o 0 0 o � � � � � o o 00000OOOOU7OOO �' lip 1- LO O O ui O tt N u7 O O C7 O N T O— m Ln CD N O LC) (� O O r N N N r T r r r r 'Cl. 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Lo Lo m cD CD co CD co CD T T T T T T T T T T a �+ (_U r- Lc7 T M CD M O N M CD Q C G T O r N r N N N N N r r o(D N o M M M 0 x 0 0 0 0 0 0 0 0 0 O T T T T T T T T T m (wD T T T T T T T T T T W � � � � � � t co cd LL7 r O cD C7 O [� O (-D- M V C C T O T N T N N N N N G rr o(D o om mC) 7 a T O a O a O 0 0 0 - _ d E U) C C C C G C V Q C]] Q C]] Q Q C: N C O C a C M V a O7 E m m m U m U.S ayiY�� ccn.12 co cling ccn2.2 >, N O O O O O C O D U J CZ J J ca J m m } O GO 0 0 0 0 0 0 v3 €EE -2EE.2E;�� 0Z LL LL =z=zz =zz Qoro roCaca roia7-am L L L L L L L L L L (b Y a) 0) O 0) O 0) N a) N O V C 'Q 'O "O "O "O 'Q "O 'O "O "O J m LL LL LL LL LL LL LL LL LL LL LO L Q�x(nli 1� �co CL N(D2 r3:Na: ifl E ro mTTr- LLnNLNLL � C G M O M S CD (D U Z C7 CO C7 C7 T m co co co co C') [' ) C') Cr} M co l'0 C') M M cD co U') Cr} z� O O m O co U') ��T^^ DT T Ctl O T C') _O ca a) 9- cu L4L J N L N C of N O Cl Y Y Cf) COSTA MESA SANITARY DISTRICT Summary of Policy Limitations October 31, 2011 Description U.S. Treasury Bills U.S. Treasury Notes Federal Agency issues: FICB FLB FHLB FHLMC FNMA FFCB Other Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes LAIF (Local Agency Investment Fund) Shares of Benefical Interest Money Market/Mutual Funds (Sweep Acct) Total % of portfolio maturing under one year % of portfolio maturing over one year Current % of Market Value 10/31/11 Maximum % 0.00% Unlimited 0.00% Unlimited 0.00% Unlimited 0.00% Unlimited 13.78% Unlimited 13.70% Unlimited 27.43% Unlimited 13.72% Unlimited 0.00% Unlimited 0.00% 25%(1) 0.00% 25% 0.00% 25%(1) 0.00% 25%(1) 0.00% 20%(1) 24.36% 40,000,000 0.00% 20% 7.02% 10% per fund (2) 100.00% 31.41% no less than 20% 68.59% 100.00% (1) Further limited to 10% in any single issuer (2) Also limited to 20% in total. *These securities are not considered for purchases: SBA, GNMA, TVA and SALLIEMAE 4 c� p itl •m+ 7+ U LL 5 CD .r. 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C H H Z Z Z a E r r F F F E E c C o m e m LL a m a a J. !° i O e - Or ZO r r s ro ! rte/° r°e 8 rry � r�s2 r °t'i ,. !r /c eo � O r 1 .. .. .. ,..�.� .. roe r 'Ry <81 _ ,m r110 Ocl� r rrO O2/ te °Z OR t 0 0 o O o / LLB'] O 47 O 1�f5 4 ! /r! CV N r r O 4 0 Memorandum To: Board of Directors From: Scott Carroll, General Manag!rz:�- Date: November 30, 2011 Subject: Board of Directors Health Insurance Summary On October 27, 2011, staff presented information to the Board of Directors regarding the Public Employees' Medical and Hospital Care Act (PEMHCA) and the option for Board members to participate in the District's health insurance plan. The Board directed staff to report back with a survey of special district's cost for board of directors health insurance. Staff Recommendation That the Board of Directors adopts the attached resolution allowing Board members to enroll in the District's health insurance plan Analysis Under the Public Employees' Medical and Hospital Care Act (PEMHCA), government agencies are required to pay a portion of public employees and elected officials health premiums. Specifically, PEMCHA states: "In order to participate, public agencies must agree to the regulations covering provisions of the benefits under PEMCHA. A key consideration is that the employer must agree to provide access to the health benefits to both active employees and annuitants on an equal basis. This means the employer is required to make specified and equal contributions towards premium costs for active employees and annuitants. The contribution levels are set in statute." If the Board desires to participate in the District's health plan, the District must make the minimum contribution. The minimum contribution amount is adjusted annually to reflect any change in the medical care component of the CPI. The minimum employer contribution for 2011 was $108. In January 2011 the annual percentage change in the (Protecting our community's frea(th and the environment by pro- viding sofidwaste andsewer coCCection services, zvww. crosdca.gov Board of Directors November 30, 2011 Page 2of3 CPI medical care component was 3.4 %, so the minimum contribution rate for 2012 will be $112.00. Strategic Element & Goal Not applicable Legal Review Not applicable. The attached resolution is a standard resolution created by CaIPERS. Financial Review The minimum annual cost for the Board of Directors to participate in the District's health insurance plan ranges from $1,344 to $6,720, depending on how many Board members participate, and may increase to $1,754 to $8,770 in ten years (2021) based on a 3% CPI for every preceding year. Attached is a recent survey conducted by the Orange County Grand Jury. Of the eighteen special districts surveyed, more than half are paying health insurance for their board of directors. The insurance costs ranges from a low $3,796 (El Toro Water District) to a high of $18,077 (Trabuco Canyon Water District). The average insurance cost for board of directors in Orange County is $9,629, which is more than the total costs for all five CMSD Board of Directors to enroll in the District's health insurance plan. The CalPERS Health Insurance Plan is available to employees enrolled in a non - PERS retirement plan. The minimum cost of the District contribution for Board members in our 457 Plan will be $1.00 per month per Board member. The total annual costs to the District will be $60.00. Each year the contribution increases 5 %. The total annual contribution in 35 years would be $315.2 and the total contribution amount over the entire 35 year period would be $5,419.22. There is sufficient money in the FY 2011 -12 Budget to pay for these expenses. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2011 Board of Directors regular meeting at District Headquarters and on the District's website. Board of Directors November 30, 2011 Page 3of3 Alternative Actions 1. Refer the matter back to staff. Reviewed by: Z� -i Sherry Kallab Administrative Manager Attachments A: OC Grand Jury Survey B: CaIPERS Resolution Attachment A Director Average Annual Compensation Disthtt Compensation insurance Total BenelFts Compensation Compensation Costa Mesa Sanitary District $ 13,063 $ S $ $ 13,083 East Orange County Water District 3,600 - 3,600 E17oro Water District 20,000 3,796 3,786 23,788 Irvine Ranch Water District 28,000 10,730 10,730 38,730 aguna Reach County Water Olstdct 2,760 - 2,760 Mesa ConsoBdated Water District 21,404 7,906 7,gu6 29,310 Midway City Sanitary district 14,167 6,625 8,625 20,812 Moulton Niguel Water District 16,429 329 14,999 15.328 31,757 Municipal Water District of D.C. 24,505 8,108 9,613 12,781 37,288 Orange County Sanitation District 8,512 638 - 638 9,180 Orange County Water Dlsirict 22,176 3.543 9,289 12,831 35,008 oa9moor/LosAlamitos Area Sewer Dist. 1,200 1,200 Santa Margarita Water District 12,012 12,012 Serrano Water District 4,1340 - 10,939 10,939 16,579 South Coast Water Distt cl 19,422 - - 19,422 Sunset Beach Sanitary Ois trici 1,200 - - 1,200 TrabucD Canyon Water District 7,660 10,977 10,077 25,927 Yarba Linda Watar0iWcl 9270 4.316 4.316 13.567 ate shown Is for Commissioners and based on monthly stipend There is a significant variance in the benefits paid to boards of directors of the special districts studied- In some cases benefits constitute a significant portion of a director's total compensation. For example, in the case of the Trabuco Canyon Water District, the benefits make up approximately 70% of their directors' total compensation. This level of benefits has opened many special districts up to criticism.. Since board meetings are usually held only a few times per month (sometimes only once per month), they are effectively part -time jobs. Yet in many cases these part -time jobs come with full time benefits. There is no statutory prohibition against providing full -time benefits to board members for part -time duties. The situation may have arisen due to the fact that in past years health benefits were much less expensive than today. As a result they were often provided as a standard benefit for many employees. As costs for these types of benefits have dramatically risen, districts may not have considered the appropriateness of their provision for what are essentially part time members. 15 ORANGE COUNTY GRAND JURY 2010/2021 CMSD RESOLUTION NO. 806 RESOLUTION ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR RETIREES AT DIFFERENT AMOUNTS WHEREAS, (1) Government Code Section 22922(a) extends the benefits of the Public Employees' Medical and Hospital Care Act to employees of contracting agencies on proper application by an agency; and WHEREAS, (2) Government Code Section 22892(c) provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for retirees and survivors at different amounts, provided that the monthly contribution for annuitants is annually increased to equal an amount not less than the number of years the contracting agency has been subject to this subdivision multiplied by 5 percent of the current monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, (3) Government Code Section 22920(b) defines any Special District as a contracting agency, and WHEREAS, (4) A Special District is hereby defined as a non - profit, self - governed public agency within the State of California, and comprised solely of public employees performing a governmental rather than proprietary function, and WHEREAS, (5) The Costa Mesa Sanitary District hereinafter referred to as Special District is an entity meeting the above definition; and WHEREAS, (6) The Special District desires to obtain for its employees, retired employees, and survivors the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; now, therefore, be it RESOLVED, (a) That the Special District elect, and it does hereby elect, to be subject to the provisions of the Act; and be it further RESOLVED, (b) That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of the minimum employer health contribution amount per month; and be it further RESOLVED, (c) That the employer's contribution for each retired employee or survivor shall be the amount necessary to pay the cost of his enrollment, including the enrollment of his family members, in a health benefits plan up to a maximum o one dollar per month; and be it further RESOLVED, (d) That the employer's contribution for each retiree or survivor shall be increased annually by five percent of the monthly contribution for employees, multiplied by number of years of employer's participation in PEMHCA, until such time as the contributions are equal; And that the contributions for employees, retired employees and survivors shall be in addition to those amounts contributed by the Special District for administrative fees and to the Contingency Reserve Fund; and be it further RESOLVED, (e) That the Costa Mesa Sanitary District has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further RESOLVED, (f) That the executive body appoint and direct, and it does hereby appoint and direct, Joan Revak to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Special District all functions required of it under the Act and Regulations of the Board of Administration; and be it further RESOLVED, (g) That coverage under the Act be effective on January 1, 2012. Adopted at a regular /special meeting of the Costa Mesa Sanitary District at the Costa Mesa Sanitary District headquarters this 30th day of November 2011. Signed: Attest: President Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA } i, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2011 -806, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 30th day of November 2011. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 30th day of November 2011. Clerk of the Costa Mesa Sanitary District Met'norandum, To: Board of Directors From: Scott Carroll, General Manage-- Date: November 30, 2011 Subject: Amendment to EEC Agreements Summary Currently, the District has two agreements with Environmental Engineering & Contracting, Inc. (EEC). One agreement is for creating a district wide Geographical Information System (GIS) and a Computerized Maintenance Management System (CMMS), while the other agreement is for implementing and enforcing the District's Fats, Grease and Oil (FOG) program for food service establishments. Both agreements require amendments, which are explained in more details below. Staff Recommendation That the Board of Directors approves the amendments to both agreements with EEC Analysis GIS & CMMS EEC has finished creating a state of the art GIS for the District in support of our sewer operations and maintenance. The system can create maps illustrating a variety of different features to support District maintenance crew in the field such as location of manholes as well as manholes that are plugged and sealed, lateral location, cleaning analysis, etc. The GIS is currently live and being utilized; however, the system is currently on EEC's network server. EEC is planning on transferring the GIS to the District network server, and staff is scheduled to receive training on the system in the near future so that staff can access the system directly from the office and eventually in the field. The GIS is a system that is a continual work in progress that always needs updates to ensure the data is accurate. The District does not have the staff or resources to support the GIS. In contrast, EEC has on staff five GIS professionals that are trained and experienced in GIS. EEC has submitted a proposal to support the District utilizing GIS on an as needed basis and for requested work that is not identified in the original agreement. The proposal also includes inputting the sewer Protecting our community's Teattfi andtfie environment by provi ng sofidwaste andsewer coCfection services. www. crosdca.go•v Board of Directors November 30, 2011 Page 2of3 main centerline data so that if reflects the same centerline information found in the Legacy Atlas. The CMMS is an electronic work order system that will enable staff to accurately log and maintain work history of the District's sewer system. It will also enable staff to generate new work orders and it can track staff's efficiencies in completing said work orders. The CMMS operates in conjunction with the GIS and is an integral part to ensuring our sewer system is operating effectively and efficiently. FOG Program EEC is responsible for developing and managing the District's FOG program at food service establishments (FSE), which includes enforcement procedures. For the past year, staff and EEC has been working with South Coast Plaza (SCP) management to reduce the hydrogen sulfide odors emitting from the District's pumping station located on SCP property. Preliminary results from a study conducted by EEC have demonstrated that when an FSE applies certain additives andlor chemicals into its grease interceptor, sulfide levels have diminished. Now, we want to expand the study to all restaurants at SCP to demonstrate their high sulfide levels do not comply with District code and then offer solutions to comply. The FSEs will be responsible for the monthly costs to apply additives and/or chemicals into their grease interceptors. EEC has submitted a proposal to expand the study to all restaurants at SCP. Strategic Element & Goal This item supports achieving Strategic Element No. 1.0, Sewer Infrastructure, and Goal No. 1.8, FOG Program, as well as achieving the objective to this strategic element, which states: "Our objective is to collect and transport wastewater to meet the needs of existing and future customers." Legal Review District Counsel has reviewed and approved both amendments, which are attached hereto. Financial Review The cost for the GISICMMS support and inputting the G1S alignment to centerline is $35,000. The cost to expand the hydrogen sulfide study at South Coast Plaza is $7,670. There is sufficient money in the current Sewer System Budget for these expenditures. Committee Recommendation Not applicable Board of Directors November 30, 2011 Page 3 of 3 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2011 Board of Directors regular meeting at District Headquarters and on District website. Alternative Actions 1. Direct staff to implement Option II, Offset Annotation Only, of EEC's proposal for GISICMMS. 2. Direct staff to implement Option III, Selective Realignment to Centerline, of EEC's proposal for GISICMMS. 3. Do not approve any of the three options for realignment to centerline and have EEC provide support services only for GISICMMS 4. Do not approve expanding the hydrogen sulfide study at South Coast Plaza 5. Refer the matter back to staff. Attachments A: First Amendment to Agreement — GISICMMS B: Second Amendment to Agreement - FOG Reviewed by: Teresa Gonzalez Accounting Manager Attachment A FIRST AMENDMENT TO AGREEMENT BETWEEN COSTA MESA SANITARY DISTRICT AND ENVIRONMENTAL ENGINEERING AND CONTRACTING INC FOR CONSULTANT SERVICES GIs/CMMS FIRST AMENDMENT to Agreement between the Costa Mesa Sanitary District and Environmental Engineering and Contracting, Inc. for GIs and CMMS Consulting Services is made and entered into this day of , 2011, by and between the Costa Mesa Sanitary District, hereinafter referred to as DISTRICT, and Environmental Engineering and Contracting, Inc., hereinafter referred to as CONSULTANT. WITNESSETH: WHEREAS, on October 25, 2009, the DISTRICT and CONSULTANT entered into AGREEMENT for developing and implementing a Geographical Information System (GIs) and a Computerized Maintenance Management System (CMMS); and WHEREAS, the GIs and CMMS are now complete and available for DISTRICT use; and WHEREAS, the GIs and CMMS will need continual updates to ensure the data in both systems are accurate for performing sewer related maintenance and capital improvements; WHEREAS, the DISTRICT does not have the staffing or expertise to update and support both systems; and WHEREAS, the CONSULTANT has the expert staffing to provide updates to the GIs and CMMS as well as providing support services for both systems; and WHEREAS, the CONSULTANT has submitted a proposal to provide support services for the GIs and CMMS, which is attached hereto as Exhibit "A "; and WHEREAS, the DISTRICT finds it in the public's best interest to accept CONSULTANT's proposal and amend the ORIGINAL AGREEMENT to increase CONSULTANT's compensation for services rendered. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 5, subsection a in the ORIGINAL AGREEMENT shall be amended by Increasing the payment due thereunder to compensate for supporting needs of the DISTRICT's GIs and CMMS as identified in CONSULTANT's proposal (Exhibit "A"). 1 2. The DISTRICT agrees to pay CONSULTANT the sum of $20,000.00 for operation and utilization services. 3. In addition to the operation and utilization services, the DISTRICT agrees to pay CONSULTANT the sum of $15,000 for Option 1 identified in proposal, GIS Alignment to Centerline. 4. The total sum paid to CONSULTANT for the services identified above will be $35,000. 5. Except as specifically amended by the terms of this First Amendment, all provisions of the FORIGINAL AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed this day and year first above written. COSTA MESA SANITARY DISTRICT EEC, INC Bob Ooten, President Mike Scheafer, Secretary ATTEST: District Clerk APPROVED TO FORM: District Counsel 2 Joh ffer, President October 26, 2011 Mr. Scott Carroll Costa Mesa Sanitary District General Manager 628 West 19th Street Costa Mesa, California 92627 Exhibit A I ENGINEERING & CONT1 i i ,, INC. 501 Parkcenter Drive, Santa Ana, CA 92705 Phone (714) 667 -2300 Fax (714) 667 -2310 Subject: Proposal for GIS and CMMS Operation and Utilization Support Services, and GIS Centerline Realignment Effort Dear Mr. Carroll, Environmental Engineering & Contracting, Inc. (EEC) is pleased to present this proposal to provide engineering services related to Geographical Information System (GIS) and Computerized Maintenance Management System (CMMS) Operation and Utilization Services, including the GIS Centerline Realign Effort to the Costa Mesa Sanitary District (District). To date EEC has created a state of the art GIS for the District and has been utilizing the system in support of CMSD Operations for various tasks such as: • Analysis of CCTV grade 5 observations • Sewer line cleaning analysis and map creation • Generating work orders for sewer line cleaning and CCTV contractor(s) • Generating work orders for CMSD staff sewer line cleaning • Generation of miscellaneous single- instance maps and analyses EEC is aware of the Districts intention for continued utilization of the CMMS /GIS systems and we are poised to continue supporting these needs. EEC is also aware that the District has traditionally maintained sewer line and manhole locational data relative to street centerline (centerline) locational data and that the GIS is not fully referenced to centerline data. EEC is prepared to support the District in adjusting the GIS data in relation to the centerlines to ensure maintenance crews, contractors, engineers, and other agencies understand the location of CMSD facilities in the streets. EEC — GIS /CMMS Operation and Utilization Tasks and GIS Realign for CMSD October 26, 2011 Operation and Utilization Services Background: EEC has completed development and integration of the District's GIS /CMMS systems. This system is already being utilized for variety of O &M support tasks and requests for additional system operational tasks are beginning to develop. Recent GIS /CMMS system requests have included: • Maps of pump stations to be abandoned • Corrections to GIS based on CCTV data • Comparison of grade 5 observations to hotspots • Creation of year two work orders • Creation of line cleaning gap work orders • Creation of line cleaning for severe root intrusion work orders • Inclusion of offset joint data in line cleaning work orders • Inclusion of root intrusion footage in work orders. Requests for analysis and reports of this nature are typical and will continue as the District increases it's utilization of the GIS /CMMS systems. Until the District has the staff available and trained to support these system operational and utilization tasks, EEC is prepared to provide the support necessary to enable the District to continue taking advantage of the system functionalities. Scope of Work: EEC proposes to provide the following GIS /CMMS Operation and Utilization Support scope of work: 1. EEC will complete the GIS /CMMS data analysis and reporting tasks already requested by District staff (listed above)(estimate 35 hours) 2. EEC will continue to support new /additional GIS /CMMS data entry, analysis and reporting tasks as requested by District staff (estimate 15 -20 hours /month) The estimated cost to complete the aforementioned scope of work, including as- needed support services through June, 2012 is $1,350 - $2,500 /month and $10,800- $20,000/8 months (November 2011 — June 2012). This estimate is based on an estimated 35 hours for tasks already identified and an estimated 15 -20 hours per month for as- requested tasks for December /2011 through June /2012. EEC will coordinate with CMSD staff to prioritize requested tasks to ensure the 15-20 hour monthly budget is not exceeded. 2 EEC — GIS /CMMS Operation and Utilization Tasks and GIS Realign for CMSD October 26, 2611 GIS to Centerline Realign Background: Traditionally the District has displayed sewer line locations on the paper Legacy Atlas relative to their locations near or on centerlines, as demonstrated in Figure 1. During development of the District's GIS, centerline data was not available for alignment of the CMSD sewer line data. However, the District has recently acquired centerline data for all streets in the District's service area. Review of this newly acquired centerline data shows that the GIS locational representation of the sewer line data does not consistently match the locational relationship with centerlines as the District's Legacy Atlas provides. In some instances the data aligns just as the Legacy atlas, as shown in figure 2, but in some cases it is noticeably off as demonstrated in figure 3. 09 � 1 I Z t �y �a � be � I 2 I , -,_yla *i G �11YII ItYb Yr2r17T>> 7r01y� ass A L 1 A Y£ .� I m -D B^ _A _ D M11 V� 1 n 2 I O Ip. ' ® b } Na O ©u aa7 O 00 �a i �,�'Y /,a ,iv r 111- [ 7 1r9JII r12a rrYr ttil lrrJ trot rroa trot rota roar I°!7 1°b ro>o rp f07r ttt° tq! 1 Ttry hJD YpE 7lza �b OO i h �J2er "ME 32" J2871. 7Y!!I 1Ylf gg ry r u 7 2 h rw n ^ f I 1 s n agar y r.av um - -- ry 4 6 IN �0 MiA, u 0 i b a 0 . 1 !'O a a r-ai r1OD T1i°7 �•l1 a , O g I ti 0 p h �' - b y� JY04 J2!! J27°'JY74 JY76 32l2 o _ �� ,: c � ►MY � b° '�`'�'.� � roes role rolo f00d roeY IO3R�d4 ry0 w- 19 co, 14 o >z 40 w9l roil tOlJ b7! ro7d l roll rod) roaJ IOS! rods .. 04 fi�a° a R Pj ' mry II4 1O°° roar grJOy�+� d°>� e m 10" ee ro• /� s 4 °7� j {"at `t3oy° " Vd " i os roa 0 ° o° V_! A JA D R! V E 01 a, 'kit tP I* d I d 3 p Figure 1. Example of centerline and sewer line relationship in Legacy Atlas. 3 EEC — GIS /CMMS Operation and Utilization Tasks and GIS Realign for CMSD October 26, 2011 Figure 2. Example of sewer line GIS on Legacy Atlas, respecting centerline alignment. B �x AL ` 11� 4�7 0689 ra i� a"r au ,r,av e �/ r �h a y " Ate �,4_` T N y ♦p {a T ar 'o � 9 4 M 9 i ° h g`'3 65 Ip� 96 T 6 44' `. rxr t 62 16 i5 ($2 $2, c 0.� \ x�! ° �6; 9 exo S Figure 3. GIS sewer lines not on centerline as they are in the Legacy Atlas. 4 EEC — GIS /CMMS Operation and Utilization Tasks and GIS Realign for CMSD October 26, 201I The District has requested that the maps and atlases created from the GIS reflect the same sewer line and centerline locational relationship as the Legacy Atlas does. Where the Legacy Atlas shows centerline off -set, as in figure 4, the District would like the GIS to show the same annotation. Keys issues to consider in this task include: • the Legacy Atlas is not completely consistent with annotating offset as in figure 5. Those areas that do not have annotated offset still serve the purpose of giving the map reader a sense of location relative to centerline. With Figure 5 the map reader can still see that sewer lines along 18"' St are southwest of centerline or that the sewer line along Rogers Fl is slightly off centerline northwest. • Not all streets in the Legacy Atlas have the centerline drawn. • As identified by District staff, the Legacy Atlas does not always represent field conditions and that in some cases when the Legacy Atlas shows the sewer lines to be on centerline when they are in fact off centerline. • As identified by the District staff, it is not always easy to discern street centerline while in the field. Figure 4. Annotation of sewer line offset from centerline. EEC — GIS /CMMS Operation and Utilization Tasks and GIS Realign for CMSD October 26, 2011 GPI .47� rt dkW- N" Figure 5. Missing sewerline offset annotation. Based on these considerations, EEC has prepared the following 3 options for addressing GIS to centerline realignment. Scope of Work Option I — Complete Realignment to Centerline Realign all data to centerlines per the Legacy atlas and annotate offsets exactly as the Legacy atlas has. This option is time and labor intensive. Data that is not currently inline with centerline data, such as manholes, sewer Iines, laterals, cleanouts, and plugs, would have to be moved within the GIS manually. EEC has estimated this option to require approximately 150 hours. Option I Cost Estimate - $15,000 Option H — Offset Annotation Only Annotate all offsets in the GIS as they are on the Legacy atlas with no realignment of manholes, sewer lines, laterals, cleanouts, and plugs in the GIS. All maps and atlas created from the GIS would include a note that all sewer lines are to be assumed on centerline unless otherwise noted and would not display centerlines. This option does not provide the map reader locational sense 6 EEC — GIS /CMMS Operation and Utilization Tasks and GIS Realign for CMSD October 26, 20I 1 for those areas that have no offset annotation but clearly shows the sewer line offset from centerline as in Figure 5. EEC has estimated that this task to require approximately 16 hours. Option II Cost Estimate - $2,000 Option III — Selective Realignment to Centerline Using a scale 1:2,000 (1" = 167') identify areas that are obviously misaligned relative to new centerline data, as in Figure 3, and only realign those areas. Maps and atlases would be printed displaying centerline data thereby maintaining the sense of location relative to centerline. However, since offset could not be clearly defined in footage, we would not maintain the footage annotation available in the Legacy Atlas. Offset from centerline would be perceived by map readers visually as graphic representation of the sewer assets and not via annotation. Eliminating the annotation and solely relying on the graphical representation of assets and centerlines would relieve the District of liability should the Legacy Atlas not reflect actual field conditions. EEC has estimated this option to require approximately 80 hours. Option III Cost Estimate - $$,000 As the District refines its GIS including locational accuracy, should the District decide to utilize other technologies in the future, such as global positioning systems (GPS), to accurately locate manholes, Option III would be the best course of action now. Option III would give the District a viable means of displaying sewer asset data locationally respective of centerlines but not be a wasted effort if manhole locations are repositioned in the future. Cost Estimate The aforementioned scope of work will be performed by EEC on a time and materials basis, in accordance with our most current fee schedule (2011 Fee Schedule attached for reference) as follows: Operation and Utilization Services Recently Identified Tasks $4,000 As- Requested Tasks (15 -20hrs /month, Decemberll l- June /12) 1$6000 Total Estimated Cost $20,000 GIS Alignment to Centerline Option I — Complete Realignment $15,000 Option II — Annotation Only $2,000 Option III — Selective Realignment $8,000 EEC — GIS /CMMS Operation and Utilization Tasks and GIS Realign for CMSD October 26, 2011 Thank you again for this opportunity to provide these professional services to the Costa Mesa Sanitary District. If you have any questions, please call me at (714) 667 -2300. Sincerely, Environmental Engineering & Contracting, Inc. -eL -'&� Ramon Gallegos GISAT Supervisor Acceptance If the proposed scope of work and costs of services stated herein meet with your approval, please acknowledge acceptance of same and initiate authorization to proceed by signing and faxing a copy of this document to 714 -667 -2310 or emailing to rallegos@eecworld.com. GIS /CMMS Operation and Utilization Support Scope — $20,000 Centerline Alignment Options Option I - Complete realignment - $15,000 Option II - Offset Annotation Only — $2,000 Option III — Selective Realignment — $8,000 Print Name Print Title Signature Date Attachment B SECOND ADDENDUM TO AGREEMENT BETWEEN COSTA MESA SANITARY DISTRICT AND ENVIRONMENTAL ENGINEERING AND CONTRACTING INC FOR CONSULTANT SERVICES Fats, Oils and Grease (FOG) Control Program SECOND ADDENDUM to Agreement between the Costa Mesa Sanitary District and Environmental Engineering and Contracting, Inc. for managing a FOG Control Program ( "ADDENDUM 2 ") is made and entered into this day of , 2011, by and between the Costa Mesa Sanitary District, hereinafter referred to as DISTRICT, and Environmental Engineering and Contracting, Inc., hereinafter referred to as CONSULTANT. WITNESSETH: WHEREAS, on June 21, 2010, the DISTRICT and CONSULTANT entered into an AGREEMENT ( "AGREEMENT ") for developing and managing a Fats, Oil and Grease (FOG) Program; and WHEREAS, on June 23, 2011, the First Addendum to the AGREEMENT was approved whereby said AGREEMENT was extended for an additional one - yearterm; and WHEREAS, the DISTRICT, CONSULTANT and South Coast Plaza, hereinafter referred to as PLAZA, have been studying methods to reduce hydrogen sulfide gases generated from grease interceptors at the PLAZA; and WHEREAS, the DISTRICT, CONSULTANT and PLAZA desires to expand the study to include all the restaurants in the PLAZA; and WHEREAS, the CONSULTANT has submitted a proposal to expand the study for reducing hydrogen sulfide gas at the PLAZA, which is attached hereto as Exhibit "A "; and WHEREAS, the DISTRICT finds it in the public's best interest to accept CONSULTANT'S proposal and amend the ORIGINAL AGREEMENT to increase CONSULTANT's compensation for services rendered. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 5, subsection a in the ORIGINAL AGREEMENT shall be amended by increasing the payment due thereunder to compensate for the work being performed at the PLAZA and identified in CONSULTANT's proposal (Exhibit "A "). 1 2. The DISTRICT agrees to pay CONSULTANT the sum of $7,670.00 to conduct a study of grease interceptor hydrogen sulfide issues at the PLAZA. 3. The term of this Second Addendum shall run concurrently with the First Addendum and the AGREEMENT. 4. Except as specifically amended by the terms of this Second Addendum, all provisions of the First Addendum and the AGREEMENT shalt remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Addendum to be executed this day and year first above written. :� +T.i�_�.'.I ��_F'!_1 i ii i�:l :ft [ ►] l:�i :7Ih ii Bob Ooten, President Mike Scheafer, Secretary ATTEST: District Clerk APPROVED TO FORM: District Counsel 2 EEC, INC John er, President October 28, 2011 Exhib it A , R m ENGINEERING CONTRACTING, I C. 501 Parkcenter Drive, Santa Ana, CA 52705 Phone (714) 667 -2300 Fax (714) 667 -2310 Mr. Scott Carroll General Manager Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 Subject: Proposal for the Study of Grease Interceptor H2S Issues at South Coast Plaza Dear Mr. Carroll, Pursuant to your request, Environmental Engineering & Contracting, Inc. (EEC) is pleased to present this proposal to conduct a study of grease interceptor (GI) hydrogen sulfide (112S) issues at the South Coast Plaza Shopping Center (Plaza) in Costa Mesa. In coordination with Plaza Management Staff, cursory monitoring of H2S levels in several Plaza grease interceptors has been conducted by CMSD over the past year to evaluate the effectiveness of select chemical additives for mitigation of H2S issues. EEC understands that the District is interested in developing a more thorough characterization of the grease interceptor 12S issues and chemical additive performance prior to making final recommendations to Plaza Management Staff. Therefore, EEC is prepared to conduct a study of Grease Interceptor 112S to provide the District with detailed characterization data to support further 112S mitigation recommendations to Plaza Management. The study will consist of the following: 1) EEC will coordinate with Plaza Management staff to obtain recent grease interceptor pumping records and schedules for the grease interceptors serving the following locations: a. Capital Grille /Seasons 52 b. Z -Tejas c. Boudin d. Claim Jumper e. Corner Bakery f. Rain Forest Cafd g. Charlie Palmer h. ANQI i. Marche Moderne j. Vie De France k. Lawry's 1. Maggiano's 2) In coordination with Plaza Management, EEC will conduct routine grease interceptor /effluent sampling activities at selected interceptor locations. All sampling data collected will be recorded in a tabular format (Excel spreadsheet). Sampling activities will consist of the following for each selected grease interceptor: EEC, South Coast Plaza GI Study Proposal October 28, 2011 a. H2S Gas measurement i. Using a field 4 -gas meter to detect H2S level prior to fully opening the grease interceptor b. Core sampling of interceptor contents to assess the maintenance condition of the interceptor i. Using FOG Compliance Dip -Stick c. Dissolved sulfide measurement of grease interceptor effluent i. Using field colorimetric analysis d. Effluent temperature and pH measurement i. Using common field instrumentation e. Ambient temperature measurement Sampling of each interceptor will be conducted at a frequency of approximately once every two weeks for a three month study period, equating to six sampling events. Sampling activities will be planned at varying times and varying days of the week to ensure sampling is conducted during representative interceptor flow conditions. Sampling will be roughly scheduled as follows: Sampling Event #1 Sampling Event #2 Sampling Event #3 Sampling Event #4 Sampling Event #5 Sampling Event #6 Monday AM Wednesday PM Friday AM Monday PM Wednesday AM Friday PM Samplings events may be adjusted based on grease interceptor pumping activities to ensure a minimum of six representative samples collected for each interceptor. 3) EEC will prepare a bi- weekly report to CMSD and Plaza Management staff, providing updates of sampling status and preliminary findings; 4) EEC will meet with chemical additive suppliers /vendors as- needed to discuss performance /compliance criteria and obtain additive dosing and utilization cost estimates /data, 5) EEC will compile the collected data and prepare a report summarizing the findings of the study, including recommendations for appropriate measures to mitigate and prevent the ongoing grease interceptor H2S issues at Plaza. If requested, EEC will present the study findings to CMSD and Plaza Management, 01 EEC. South Coast Plaza GI Study Proposal October 28, 2011 Study Assumptions 1) All 12 of the identified Plaza interceptors will be included in the study with six sampling events conducted for each (a total of 72 sampling occurrences); 2) Coordination during the study will be primarily through Plaza Management with minimal interaction with the FSEs associated with each interceptor; 3) Up to 2 additive vendor /supplier meetings will be required during this study. Cost Estimate Task Qty Rate Total Plaza Coordination 6 $95 /hr $570.00 Grease Interceptor Sampling 72 $55 /ea $3,960.00 Status Reports to CMSDI Plaza Mgmt 6 $95 /hr $570.00 Meeting with Additive Vendors 6 $951hr $570.00 Data Management, Analysis, Report, 16 $125/hr $2,000.00 and Presentation Total $7,670.00 The aforementioned activities will be completed on a time -and- expense, not -to- exceed basis with an estimated cost of $7,670.00. These services will be provided pursuant to our most current Fee Schedule (2011 attached) and payment terms are net 30 days. If there is an authorized change in scope, the additional services will be billed according to the Fee Schedule. Thank you for the opportunity to provide these wastewater sampling services to the District. EEC is available to start immediately upon CMSD's approval (signed acceptance, purchase order or contract). EEC, South Coast Plaza CI Study Proposal October 28, 2011 ACCEPTANCE If the proposed scope of work, costs of services, and payment terms stated herein meet with your approval, please acknowledge acceptance of same and initiate authorization to proceed by signing and faxing a copy of this document to 714 - 667 -2310 or scanning and e- mailing a signed copy to Print Name Signature Print Title Date EEC is looking forward to assisting BWSC with the success of your FOG control program. Thank you for this opportunity. Please call us if you have any questions, Sincerely, Environmental Engineering & Contracting, Inc. Jim Kolk Project Manager Attachment: Environmental Engineering & Contracting, Inc. 2011 Fee Schedule r 501 Parkcenler Drive. Santa Ana, CA 82705 Phone (714) 667 -2300 Fax (714) 667 -2310 2011 Fee Schedule PERSONNEL CHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Staff Engineer /Geologist/Scientist $95 Sr Staff Engineer /Geologist/Scientist $105 Project Engineer /Geologist/Scientist- 1 $125 Project Engineer /Geologist/Scientist -11 $135 Sr Project Engineer /Geologist/Sclentist - 1 $160 Sr Project EngineedGeologist/Scientist - II $180 Principal Geologist $205 Principal $205 Project Assistant $75 Technician $85 Drafter $95 Sr Technician $95 Compliance Inspector $95 GIS Analyst $95 GIS, IT Supervisor $125 Construction Technician $65 Construction Field Supervisor $85 Construction Manager $90 Sr Construction Manager $115 Emergency response and client requested work during non - standard business hours will be charged at a rate of 1.25 times the standard hourly rate. Travel Vehicles used on project assignments will be charged at $50 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $50 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus mark up. Field Equipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request. Subcontractors and Reimbursables The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15 %. Other Project Charges The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. Shipping and Postage Shipping charges include couriers and the postage necessary will be charged at cost plus markup. Interest Charges When EEC Staff appear as expert witnesses at court Interest on late payments will be charged at the rate trials, mediation, arbitration hearings and depositions, of 1.5% per month. their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. Payment Terms Net 30 days apply to all work performed and invoiced unless superseded by a specific executed contract. This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments. Sal w Omundwaler # AB re Weslewater * Slamrwaler * GIS a, Engineering 0 iieRvdabon 0 Ca hefim Mei'norand-un-i To: Board of Directors Via: Scott Carroll, General Manag 51VZ " From: AJ Cully, Management Analyst Date: November 30, 2011 Subject: Ordinance Prohibiting Unauthorized Use of Trash Containers Summary Ordinance No. 87 amends Chapter 7.01 of the Operations Code pertaining to trash regulations. The Ordinance clearly defines the unauthorized use of another person's trash container without expressed written permission from the owner or legal possessor of the container. This revision to the Operations Code also gives the District strong enforcement powers against any individual found violating the code. Staff Recommendation Staff recommends the Board of Directors adopt Ordinance No. 87 prohibiting unauthorized use of trash containers. Analysis District staff has received numerous complaints regarding inappropriate or unauthorized use of trash containers in the community. This ordinance will allow the CMSD to assist those who wish to address the misuse through a formal process. Residents must provide proof of the violation through pictures or video submitted to the CMSD Office. A citation can also be issued if the CMSD Code Enforcement Officer witnesses the incident. Strategic Element & Goal This item supports achieving Strategic Element No. 5.0, Administrative Management, which states.- "Our objective is to create, maintain and implement policies and procedures to ensure sound management of the District." 1Trotecting ourcommunity`s health and the en- vironment by piovidiiW sofidwaste andseivel- collection seroices, www.emsdca.gov Board of Directors November 30, 2011 Paae 2 of 2 Legal Review District Counsel has reviewed and approved Ordinance No. 87 which is attached hereto. Financial Review Adopting the revisions to the Operations Code will have no financial impact on the District. Issuing citations to those violating this Ordinance could generate some revenue; however, the CMSD Code Enforcement Officer would have to provide proof of the alleged act to enforce compliance. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2011 Board of Directors regular meeting at District Headquarters (628 W. 19th Street) and on the District's website at www.crosdca.gov. Alternative Actions Refer the matter back to staff for additional information. Attachment: Ordinance No. 87 CMSD ORDINANCE NO. 87 AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT AMENDING CHAPTER 7.01 OF THE OPERATIONS CODE PERTAINING TO TRASH REGULATIONS WHEREAS, the Board of Directors has previously established regulations with regard to standardized trash containers; and WHEREAS, the District provides trash containers to residents receiving residential solid waste collection services who have paid for said services; and WHEREAS, some residents and other persons are depositing their solid waste in those residents' trash containers instead of their own containers; and WHEREAS, the Board desires to discourage this type of activity from residents and others by adopting and enforcing local regulations; and WHEREAS, the Board has the authority to adopt and enforce such regulations in the community; and WHEREAS, the Board believes it will be in the District's best interest to adopt an ordinance that would make it illegal for any person to deposit solid waste in another person's trash containers. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Chapter 7.01 of the Costa Mesa Sanitary District Operations Code is hereby amended by adding the following section to read as follows: "07.01.090 Unauthorized use of containers. It shall be unlawful for any person to deposit solid waste in a container owned or legally possessed by another person in any place, public or private, without the written permission of the owner or legal possessor of the container." Section 2. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the District Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law, PASSED AND ADOPTED this day of Secretary APPROVED AS TO FORM District Counsel President 2011. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 84 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the W' day of November 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 30th day of November 2011. Clerk of the Costa Mesa Sanitary District To: Board of Directors From: Scott Carroll, General Manager , Date: November 30, 2011 Subject: Contract Administrationllnspection Services for Project #129 Bristol Street Sewer — Phase 2 Summary Bids were opened for Project #129 — Bristol Street Sewer Phase 2 on October 25, 2011. The award contract will be presented to the Board of Directors at the November 30, 2011 Regular Board meeting. In addition to the construction contract, the District is required to contract out for the contract administration /inspection services to successfully administer this project. Robin B. Hamers & Assoc., Inc. submitted such a proposal for $40,929. Staff Recommendation That the Board of Directors receive and file this report. Analysis More than two years ago, the rezoning of the east Santa Ana Heights area as part of the John Wayne Airport land use plan required the District to upsize the existing sewer line to provide additional capacity. This project is the last phase to replacing the sewer main on Bristol Street. The first phase, along with all the planning and designing phases was administered by Robin B. Hamers & Associates (RBH). His history and knowledge of these improvements make RBH the ideal firm to administer the contract for Phase 2. RBH has graciously reduced his original proposal to provide administrationlinspection services from $49,640 to $40,929, which is a savings of $8,711. RBH revised proposal is also below the Orange County Development Agency's (OCDA) allocation of $44,518 for administration cost of this project. OCDA is funding this project. (Protecting our community's hea(tfi and tfie enviromneit by praviding solidwaste andsewer co(Cection services. www. crosdca.go-v Board of Directors November 30, 2011 Page 2 of 2 Strategic Element & Goal This item supports achieving Strategic Element No. 1.0, Sewer Infrastructure Goal No. 1.4, System wide sewer replacement and repair program. Legal Review Not applicable. Financial Review The total cost for this service will be $40,929. The budget for this project is funded by the OCDA, the redevelopment arm of the County of Orange. No District funds will be used for administration /inspection services of this project. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2011 Board of Directors regular meeting at District Headquarters and on District website. Alternative Actions 1. Refer the matter back to staff for additional information. Attachments A: Proposal Reviewed by: 00 Teresa Gonzalez Accounting Manager W a Q7 � Q ya � bL � a U as o U � 0 18 # U O UC.1U� �a O O O O N t b U b N n V O m � ��s zVa l a 47 v N p �I�I't ® Hl1OHilOO�G�iiii�H 'Iio1L�INLiILiI��OO�O��i N N '^ O iO U Re PC cn y U Cl O C O O N U' ^Ei 0 N N C G ?2u ° a o° o G C C po U] cU rV� vy� � � � s�d1] C T5 W 64 w a. O -- N M h cy O-- N m CY' Vl [� W O •-- N ++1 o .-- N C3 , 2 O O 0. a U1 Memorandurn. To: Board of Directors From: Scott Carroll, General Manager�,o Date: November 30, 2011 Subject: Zero Waste Strategies Summary On November 2, 2011 the Board of Directors held a special meeting to discuss zero waste strategies. The Board identified several issues related to zero waste and directed staff to bring back the list of issues to prioritize at a regular Board Meeting. Staff Recommendation That the Board of Directors prioritizes the list of zero waste issues identified below and direct staff to report back with a budget and timeline to complete. Analysis Listed below are the issues to be prioritized: Public Opinion Survey: Conduct a scientific survey of all District residents to make sure they are satisfied with the job the District is doing and find out what issues are most important to them as it relates to District services, A professional research company that is experienced in conducting telephone surveys and statistical analysis would be hired to perform the survey. Formulate a Zero Waste Plan: Solicit RFP's from an experienced consultant that will assist in the planning efforts of a zero waste plan. The plan should identify the District's message and then develop goals to support the message. A monitoring element should be included to determine strengths and weaknesses along with cost efficiencies. The consultant would help tie zero waste into the District's Strategic Plan. • Anaerobic Digestive System: The Board received a plan from CR &R that guarantees the District will achieve an 83% diversion rate by the year 2020. Does the Board want to continue discussions with CR &R regarding their proposal? Do you want to include CR &R proposal in a Zero Waste Plan? Trotecting our community's fieaCtFi and tfie anvironment by providi7W sodidwaste andsewer coCCection services. www. crosdca.gov Board of Directors November 30, 2011 Page 2 of 2 • Variable Rate Study: A study would be conducted to determine variable rates for the three different trash can sizes (32, 60 & 90 gallons) within the District. A variable rate system will give residents some control over the costs they pay for refuse collections and it can encourage residents to use smaller trash cans, which in return means less refuse at the landfill and lower costs to the District. There are some challenges for implementing this system in which staff recommends hiring a professional consultant to assist with this process. • Organics Program: Diverting organics from the landfill will play a significant role to achieving zero waste strategies and reducing District costs at the landfill. Develop a program that will encourage source reduction of organics in the waste stream. Strategic Element & Goal This item supports achieving Strategic Element No. 2.0, Solid Waste, and Goal No. 2.5, Encourage Zero Waste. Legal Review Not applicable. Financial Review The District will incur costs for implementing any of the items above, but the actual costs is unknown at this time. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2011 Board of Directors regular meeting at District Headquarters and on District website. Alternative Actions 1. Refer the matter back to staff for additional information. V Costa Mesa Sanitary District, 628 W 19,17, Street BMS 1. Recycling- Report - October 1011 Update on how CAf' -SD is meeting AB 939 goals 11. Wa i e Diversion Report -n OcTo'bet 2011 a Update on the amount of recycling materials diverted from the landfill 11L Ordin-manec Enforcement Officer's Dc:tuabvr Report Review OFO enforcement activities for trash cans, graffiti and scavenging IV. Scavenging Roa;Kprt Review scavenging activities rcpar ed to C11?D -iJ1j jb w SJQ "1T'E , V. Residential FOG Recycling Kilt Off Eveurt - November 21, '201:1 0 Review set up to host KTLA 5 Mm:nning News crew at C)uwige Coast College - Oral Report "1. Goodwill Review year to date total don;u ons for the Costa -Mesa Goodviill store along with information regarding the Communin• Youah Donation Drive 11. 1lioplasti;cs 0 Discuss and review handouts regarding tlhjis topic VI I110 AB 311 0 Discuss and review handouts regarding this topic TX. Zero 'i"'Vaste Board Workshop - November 2, 411 0 Receive a brief overview of the workshop and discuss the next steps in the process ;,lf. Coon.m.mmnity Event Schedule 0 Discuss and revew Communin- Event calendar X. This is the time to receive any comments from members of the public. '1. Discuss items for neNt Recycling Commnittee meeting. Next lu7tctna;m,Dat °1,7,t:ceml,aer12,"'Oi' Dated: Novenxmbcr 10, 2011. — gnti," Clerwlt of the District Memorandum To: Board of Directors Via: Scott Carroll, General Mana lul w `�� From: Robin B. Hamers, District Engineer Date: November 30, 2011 Subject: #129 Bristol Street Sewer — Phase 2 Bid Opening & Recommendation for Award of Construction Contract Summary The District prepared plans and specifications for the second phase of enlarging the sewer serving east Santa Ana Heights and placed the project out to bid. The results of bid opening are shown below with a recommendation for award. Staff Recommendation That the Board of Directors: 1. Award a contract to the lowest responsive and responsible bidder, Repipe -CA, Inc., in the amount of $299,700.00. 2. Approve a 10% contingency budget of $29,970. 3. Approve a $25,000 deposit to the City of Newport Beach to fund overtime inspection costs (similar to Phase 1). Analysis On August 20, 2009, the District entered into an agreement with Paulus Engineering to replace 2,100 linear feet of 8 -inch sewer main with 15 -inch sewer main on Bristol Street southbound from the Autoplex to Birch Street. The rezoning of the east Santa Ana Heights area as part of the John Wayne Airport land use plan required the District Trotecting our community's heath andthe environment by providing solidwaste andsewer cof�ection services. www. crosdca.go-v Board of Directors November 30, 2011 Paae 2 of 4 to upsize the existing sewer line to provide additional capacity. The sewer construction was funded by the Orange County Development Agency (OCDA), the redevelopment arm of the County, as part of a three -party agreement between OCDA, the City of Newport Beach, and the Costa Mesa Sanitary District (CMSD). Two - thirds of the main has been successfully replaced and approved as complete by the District Engineer along with the County of Orange. The remaining one -third of the sewer main was redesigned and rebid because this portion of the main is located close to a 12 -inch asbestos cement water line belonging to the Irvine Ranch Water District (IRWD). The water line location was not as indicated on record plans provided by IRWD, however, IRWD acquired the line as part of their acquisition of the old Santa Ana Heights Mutual Water Company. Paulus Engineering believed if they constructed the 15 -inch CMSD sewer, the construction would cause the water line to move, thereby causing the brittle asbestos cement pipe to crack, and possibly burst. In order to avoid possible damage to the IRWD water line, staff designed the new sewer to be installed using the no -dig technology pipe bursting. Many agencies in Southern California have successfully completed construction of their facilities using this method. This option requires a few excavations to create pits for bursting equipment but these smaller excavations will not compromise the integrity of the water line. Because the existing sewer line is 8 -inch diameter, the largest line being able to be installed using pipe bursting is 12 -inch, which is smaller than the originally planned 15- inch sewer main. District staff reviewed the hydraulics of the new sewer and found 12- inch to be an acceptable size to handle the master planned flows from the east Santa Ana Heights area. This section of sewer line, from Birch to Irvine, has less flow than the line from Irvine to the Autoplex, and the proposed 12 -inch line will only be slightly above half full at peak flow. Bids were opened on 10/25/11 and the results are as follows: Engineer's Estimate $386,500 Repipe -CA, Inc. 299,700 Colich & Sons 302,576 Garcia Juarez 320,310 Charles King Co. 359,063 Prlich & Sons 365,900 Caliagua 442,407 Clarke 752,116 Staff checked the licensing requirements and references for the low bidder, Repipe- CA, Inc., and found everything in order, therefore, a recommendation to award the bid is being made. Board of Directors November 30, 2011 Paqe 3 of 4 Strategic Plan Element & Goal This item complies with Strategic Plan Element 1.0, Sewer Infrastructure and Goal No. 1.4, System Wide Sewer Replacement and Repair Program. The strategy for this Strategic Element states: "We will do this be the careful management of the collection infrastructure using prudent planning and maintenance, with financial strategies to maintain sufficient capacity and respond to changing regulatory demands." Legal Review District counsel has reviewed and updated the 1998 version of the construction contract and has signed the proposed contract attached hereto. Financial Review The current funds available for this project as of October 31, 2011 are $583,760, which is broken down as follows: OCDA $449,643 CMSD 134,117 $583,760 Based on staff's recommendation the total estimated cost for this project is approximately $395,599, which is broken down as follows: Construction $299,700 Contingency 29,970 Inspection Deposit 25,000 Sub - Total: $354,670 Administration 40929.. Total: $395,599 Upon completion of the project, The Orange County Development Agency (OCDA) has agreed to reimburse the District up to $449,643, with the reimbursement broken down to include up to $405,125 for construction costs and $44,518 for administration costs. No District funding will be required for this project. The District funds budgeted for this project ($134,117) will be reallocated into the District's asset management fund. Board of Directors November 30, 2011 Page 4 of 4 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2011 regular Board of Directors meeting at District Headquarters and on the District website. Alternative Actions 1. Do not award the project to Repipe -CA, Inc. 2. Refer the matter back to staff for additional information. Reviewed by: Teresa Gonzalez Accounting Manager Attachment: Contract between Repipe -CA, Inc. and CMSD CONTRACT THIS AGREEMENT is made and entered into this day ofYQjn��) , by and between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT' and, Re- Pipe-CA, Inc, a California corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, DISTRICT and CONTRACTOR mutually agree as follows: 1. Scope of the Work. That CONTRACTOR shall perform all the work and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to construct: BRISTOL STREET SEWER REPLACEMENT- PHASE II 2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled Specifications for BRISTOL STREET SEWER REPLACEMENT- PHASE 11, and CONTRACTOR agrees to do everything required by this Contract and the Contract Documents including the plans and specifications and any general conditions. All labor, materials, tools, equipment and services shall be furnished on work performed, and under the direction, administration and subject to the approval of DISTRICT or its authorized representatives. CONTRACTOR warrants that it will not purchase mined construction material for this PROJECT except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www. consrv. ca.govIOMR/ab_3098_list/current —list. 3. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this Contract within five (5) days of receipt of the "Notice to Proceed" and to diligently prosecute the work to completion before the expiration of SIXTY (60) WORKING DAYS from the date of commencement. "Working days" means all calendar days except Saturdays, Sundays, and legal holidays. 4. Time of the Essence. Time is of the essence of this Contract. 5, Liquidated Damages /Delay Damages. it is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth herein, damage will be sustained by the DISTRICT, and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the DISTRICT will sustain in the event of and by reason of such delay; and it is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of TWO HUNDRED FIFTY and 001100 Dollars ($250.00] per calendar day for each and every day of delay in finishing the work in excess of the number of days prescribed in paragraph 3 and the CONTRACTOR agrees to pay said liquidated damages herein provided for, and further agrees that the DISTRICT may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder. The CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein for the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes, provided CONTRACTOR submits timely notification and a written Request for Change Order as required herein. The CONTRACTOR shall within ten (10) days from the beginning of any such delay (unless the DISTRICT shall grant a further period of time prior to the date of final settlement of the Contract) notify the District Engineer in writing of the cause of the delay, and the District Engineer shall extend the time for completing the work if in the District Engineer's judgment the cause so merits. The District Engineer's determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall also be required to submit a written Request for Change Order to District Engineer within fifteen (15) days of the date of such delay. No adjustment shall be allowed for such delay unless strict compliance with this contractual provision is effected. CONTRACTOR's remedy shall be limited to the extra days granted and to any damages that he may be entitled to using the formula agreed to by the parties for all damages as provided in Paragraph 28. 6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept in full payment for the work above agreed to be done the sum of: Two hundred ninety nine thousand seven hundred Dollars ( 299 700 . 7. Progress Payments. Prior to the fifteenth day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to 90 percent of the value of the work completed since the commencement of the work as determined by the District Engineer and thereafter prior to the fifteenth day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to 90 percent of the value of the work completed since the commencement of the work as determined by the District Engineer, less all previous payments, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. DISTRICT shall make the final payment, if unencumbered, or any part thereof unencumbered, 35 days after the acceptance of the work and the filing of a Notice of Completion. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the District Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. 8. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50. 9. Retention Securities. Pursuant to Califomia Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved financial institution in order to have the DISTRICT release funds retained by the DISTRICT to insure performance of the Contract. 10. Specifications. The Standard Specifications for Public Works Construction, also known as the Greenbook, latest edition, shall be controlling unless a different specification is called out in the Contact Documents, including the Costa Mesa Sanitary District's Standard Plans and Specifications for the Construction of Sanitary Sewers and the BRISTOL STREET SEWER REPLACEMENT- PHASE il. 11. Change Orders. Change order requests shall be submitted to the District Engineer in writing who shall have discretion to determine the merit of the change order request. The District Engineer may approve or disapprove change orders in his discretion except that any change order resulting in an increase of the Contract price shall be co- signed by the District Manager and/or approved by the Board of Directors. No amendments, modifications, orwaivers of Contractterms or the Contract Documents, including additional compensation for extra work, will be allowed absent a written Change Order signed by both parties. 12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and the same has been placed on file with the District Clerk at the District's principal office. Said per diem wages can be obtained on the Internet at http: / /www. dir. ca .gov /dlsr /DPreWageDetermination htm. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation, and travel time and subsistence pay, all in accordance with sections 1773.1 and 1773.8 of the Labor Code of the State of California. 13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not unlawfully discriminate nor allow its employees, agents, principals, or subcontractors to unlawfully discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. 14. Compliance with Davis -Bacon Act. This provision does not apply to this Contract. 15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of California regarding the preparation, maintenance and filing of payroll records are applicable to this Contract. Specifically, each CONTRACTOR and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work. THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO THE DISTRICT ENGINEER FOR REVIEW ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB - CONTRACTOR'S PAYROLL RECORDS, 16. Penalty. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to $50.00 for each calendar day or portion thereof for each workman paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work provided for in this Contract, all in accordance with section 1775 of the Labor Code of the State of California. 17. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONTRACTOR. 18. Legal Day's Work. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person unless the CONTRACTOR complies will all applicable Labor laws. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (section 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of $25.00 for each workman employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said article. 19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100 et seq.) and that he agrees to comply with all applicable provisions thereof. If any part of the work to be done under this Contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this Contract. Upon request, certified copies of any or all subcontracts shall be furnished to the District Engineer or DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve the CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above provisions will be considered a violation of the Contract, and the DISTRICT may: cancel the Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract involved, or cancel the Contract and assess the penalty. All persons engaged in the work, including subcontractors, will be considered employees of the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. 20. Workers' Compensation. CONTRACTOR shall carry Workers' Compensation Insurance and require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." 21. Grua -Free Work. CONTRACTOR agrees to provide a drug -free workplace in accordance with 24 CFR part 24, sub -part F. Under 24 CFR part 24 sub -part F., the CONTRACTOR will provide certification in writing that it will provide a drug -free workplace by: (a). Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition; (b). Establish an ongoing drug -free awareness program to inform employees about- 1. Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c). Making it a requirement that every employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (a); (d). Notifying employees in the statement required by paragraph (a) that as a condition of employment under the Contract the employee will - T . Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e). Notify the DISTRICT in writing, within ten (9 0) calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT; (f). Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted - 1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (g). Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 22. Bonds. CONTRACTOR shall, prior to the execution of the Contract, furnish bonds approved by DISTRICT, one in the amount of one hundred percent (900 %) of the Contract price, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by DISTRICT. All bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. 23. CONTRACTOR'S Affidavit. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the District Engineer his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with a Notice to Withhold, which have been filed underthe provisions of the statutes of the State of California. 24. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims. The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT under or arising out of this Contract unless otherwise stated in said document. 25. Notice to Proceed. No work, services, material or equipment shall be performed or furnished under this Contract unless and until a "Notice to Proceed" has been given to the CONTRACTOR by the District Engineer and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT. 26. Termination. A. If CONTRACTOR should fail to complywith any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part. B. Should CONTRACTOR, at anytime during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail to comply with any provision of this Contract, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money that may be due CONTRACTOR. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this Contract in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT'S prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total Contract price less payments previously made and less the Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders and subcontracts made hereunder and (iii) immediately transfer to DISTRICT all materials, supplies, work -in- process, appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR in connection with the performance of this Contract. 27. CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by District Engineer and /or DISTRICT for purposes of letting this Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of the Contract Documents. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 28. Damages /Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the damage formula shall be used to measure all of CONTRACTOR's damages or extra work required by this job. CONTRACTOR shall be limited to the following. Direct costs Markup Labor 20% Materials 15% Equipment Rental 15% Other Items 15% Subcontracted work 10% (first $5000) Subcontracted work 5% (work in excess of first $5000) Specialty Subcontracting (required by extra work) 5% (Provided at least three competitive bids are obtained and contractor selected the lowest bidder) Excluded from recovery shall be so- called "Eichleay damages" including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest. CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this paragraph. CONTRACTOR 's Initial 23. Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated into this Contract by reference and are to be read and construed together as the full, complete and integrated terms of this Contract; A. Notice Inviting Bids B. Supplementary Bid Addenda or Bulletins, if applicable C. Proposal Packet D. Standard Specifications for Public Works Construction "Greenbook," latest edition E. Costa Mesa Sanitary District Standard Plans and Specifications for the Construction of Sanitary Sewers F. Construction Plans and Specifications for Bristol Street Sewer Replacement - Phase 11 G. Standard Drawings (Costa Mesa Sanitary District Drawings and City of Costa Mesa Drawings) H. Soils Report I. City of Costa Mesa Encroachment Permit J. Faithful Performance Bond K. Payment Bond L. Approved Change Orders, if applicable M. Contractor's Affidavit N. Final Closeout Agreement and Release of All Claims The documents listed in this Paragraph, including this Contract, shall be known and referred to collectively as the "Contract Documents." 30. Interpretation. In the event of any conflict, inconsistency or incongruity between the provisions of this Contract and the provisions of any of the Contract Document(s) referenced in Paragraph 29 hereof, or amendments thereto, the provisions of this Contract shall control in all respects. 31. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. if any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be entitled to reasonable attorney's fees, costs and necessary disbursements. 32. Additional! Costs. CONTRACTOR shall be responsible to reimburse DISTRICT a sum equal to the expenses of administration and legal services required to be expended by DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to offset any such costs and expenses incurred by DISTRICT against any sums owing to CONTRACTOR. 33. Insurance. CONTRACTOR agrees to provide insurance in accordance with the requirements set forth herein. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of the DISTRICT and in accordance with the requirements set forth herein. Commercial General Liability /Umbrella Insurance. Primary insurance shall be provided on ISO - CGL form No. CG 00 01 11 85 or 88 or equivalent, as determined by District Counsel. Total limits shall be no less than one (1) million dollars per occurrence for all coverages and three (3) million dollars general aggregate. DISTRICT and its employees and agents shall be added as additional insured using ISO additional insured endorsement form CG 20 10 with an edition date prior to 1992 or equivalent, as determined by District Counsel. Coverage shall apply on a primary non - contributing basis in relation to any other insurance or self - insurance, primary or excess, available to DISTRICT or any employee or agent of DISTRICT. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall applyto bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000.00 self - insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be on the following form to any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates. District Counsel shall have the authority to make determinations on the acceptability of forms of insurance coverage. A determination that the form of coverage is not acceptable shall cause the award to go to the next lowest responsible bidder. Business AutolUmbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 0106 92 including symbol 1 (Any Auto) or equivalent, as determined by District Counsel. Limits shall be no less than one (1) million dollars per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable. Workers' CompensationlEmployers' Liability shall be written on a policy form providing workers' compensation statutory benefits as required by law. Employers' liability limits shall be no less than one (1) million dollars per accident or disease. Employers' liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the DISTRICT, its employees or agents. CONTRACTOR and DISTRICT further agree as follows: 1. This Section supersedes all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 2. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Contract and shall be interpreted as such. 3. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other agreement relating to the DISTRICT or its operations limits the application of such insurance coverage. 4. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 5. For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract. 6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the performance of this Contract, shall not prohibit CONTRACTOR, and CONTRACTOR'S employees, or agents, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against DISTRICT. 7. Unless otherwise approved by DISTRICT, CONTRACTOR'S insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best's" Insurance Guide rating of "AM11 ". Self- insurance will not be considered to complywith these insurance specifications, 8. in the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, DISTRICT has the right but not the duty to obtain the insurance it deems necessary and CONTRACTOR will promptly reimburse any premium paid by DISTRICT. 9. CONTRACTOR agrees to provide notarized evidence of the insurance required herein, satisfactory to DISTRICT, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR'S general liability and umbrella liability policies (if any) using ISO form CG 2010 with an edition prior to 1992 or equivalent, as determined by the District Counsel. Certificate(s) are to reflect that the insurer will provide 30 days notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. CONTRACTOR agrees to provide complete copies of policies to DISTRICT upon request. 10, CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages. 11. Any actual or alleged failure on the part of DISTRICT or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of DISTRICT or any additional insured, in this or any other regard. 12. CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insured all parties to this Contract. CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of DISTRICT, will reserve the right to charge back to DISTRICT the cost of insurance required by this Contract. CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts with on behalf of DISTRICT, will be submitted to DISTRICT for review. Failure of DISTRICT to request copies of such agreement will not impose any liability on DISTRICT, or its employees. 13. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insured. 14. CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss against CONTRACTOR that includes DISTRICT as a defendant. DISTRICT assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve DISTRICT. 34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Contract. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the DISTRICT, except for liability attributable to the DISTRICT'S active negligence. CONTRACTOR acknowledges that DISTRICT would not enter into this Contract in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here. To the fullest extent permitted by law and excepting only the active negligence of DISTRICT, established by a court of competent jurisdiction or written agreement between the parties, CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Contract. All obligations under this provision are to be paid by CONTRACTOR as incurred by DISTRICT. Without affecting the rights of DISTRICT under any provision of this Contract or this Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICT'S active negligence accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined by written agreement between the parties or the findings of a court of competent jurisdiction. The obligations of CONTRACTOR under this or any other provision of this Contract will not be limited by the provisions of any workers` compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and officials. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor, sub -tier contractor or any other person or entity involved by, for, with, or on behalf of CONTRACTOR in the performance of the subject matter of this Contract. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section. Failure of DISTRICT to monitor compliance with these requirements imposes no additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this Contract or this section. 35. Permits. The CONTRACTOR shall obtain from DISTRICT, City, County, State, Federal or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 36. Assignment. No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety. 37. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust - palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 39. Trenching. If this Contract involves digging trenches or other excavations that extend deeper than four feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the District Engineer in writing, of any: (a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. (d) The District Engineer shall promptly investigate the conditions, and if he finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with the procedures described in this Contract. (e) In the event that a dispute arises between District Engineer and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 40. Notices. The parties hereto agree that all formal notices required by this Contract may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: DISTRICT: District Engineer Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, California 92627 -2716 CONTRACTOR: ) y-,X T (� St (,)1t,r iD CV G iM 41. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. 42. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered or given any gratuities to DISTRICT'S employees, agents or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 43. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in anyway associated with any architect, engineer or other preparer of the plans and Specifications for this project. 44. Copeland "Anti- Kickback" Act. If applicable to this Contract, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each Contractor shall be prohibited from requiring, by any means, any person employed in the construction, completion or repair of any public work, to give up any part of the compensation to which he is otherwise entitled. 45. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout Agreement and Release of All Claims. 46. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a period of one (1) year after the date of filing of the Notice of Completion and shall repair and replace any and all such work, together with any other work which may be displaced in so doing that may prove defective in workmanship and /or materials within the one (1) year period from date of the filing of the Notice of Completion, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefor immediately on demand. 47. Job Progress. CONTRACTOR agrees to maintain a critical path analysis throughout the project. CONTRACTOR agrees to meet with the District Engineer on a weekly or other periodic basis, or as requested by the District Engineer to review job progress. CONTRACTOR agrees to provide District Engineer with critical path analysis documentation wheneverjob progress is impacted so that the completion date may be affected orwhenever delays or other impacts may give rise to CONTRACTOR'S claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR'S planned early completion are prohibited. 48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et seq. (Article 1.5 — Resolution of Construction Claims) shall be followed. 49. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR upon receipt of any third -party claim related to the Contract. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year first above written. ATTEST: .loan Revak Clerk of the District APPROVED AS TO FORM: Colin R. Burns Associate District Counsel APPROVED AS TO CONTENT: Robin B. Ha ers District Engineer COSTA MESA SANITARY DISTRICT Robert Ooten President of the Board of Directors CONTRACTOR Name: Address: 17 fA, 53t CIL By: STATE OF CALIFORNIA) ... (INDIVIDUAL) /(CORPORATION) COUNTY OF On , 2011, before me, the undersigned, a Notary Public in and for said state, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Public) CALIFORNIA ALA.- POSE ACKNOWLEDGMENT State of California civil- colm $ St89 County of - ! � � ' 1 } yr t .� r�'1 -� .y � 1" .._�' ,.1 ',. On before me, i t- ��_.� ;L ;^ r � Date ! Here Insert Name and TRIe of the Officer 1 ti personally appeared Y"W'ftNNE' CLBLLAN Commission 0 1798268 ; Notary Public - CailtoMta � San Bernardino County who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /sl;re / they executed the same in his /he(/Peir authorized capacityQLAs), and that by hislheWlj eir signature.;s) on the instrument the person(p) or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the jaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t f � Signature: lri Place Notary Seal Above ! Signature of Notary Public OPTIONAL , Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner—[] Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here Number of Pages: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — ❑ Limited D General Top of thumb here • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ®2010 Natlenal Notary Associalion • NationalNotary.org • 1- 600 -US NOTARY (1-800- 876 -6827) Vern 05907 PAYMENT BOND PAGE i Bond No, SU1113496 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR ARID MATERIIAL. BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and sanitary district, by minute order of the Board of Directors, adopted on , has awarded to CONTRACTOR RePipe- California, Inc., 6625 E. Gibraltar St., Ontario, CA 91764 hereinafter designated as the `Principal ", Contract No. Clio,SD PROJECT 1 \10. 129 for the work described as follows: BRISTOL STREET SE_VVEl, �� EPL,AQEME -! -Ti ° P€ IASE 11. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS, said Principal is required bythe provisions of said Contract and of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and Arch Insurance_ Company, 3 Parkway, Philadelphia, PA 19102___ _ (Name and Address of Surety) Duly authorized to transact business under the laws of the State of Califomia, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Two Hundred Ninety - nine Thousand Seven Hundred and 001100 Dollars ($299,700.00), said sum being not less than one hundred (100°/x) percent of the estimated amount payable under the terms of the Contract for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fall to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18606 of the Revenue and Taxation Code, with respect to such work and labor, then said Surety will pay forthe same, in an amount not exceeding the sum set forth hereinabove, and in addition, In case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond. PAYMENT BOND PAGE 2 Bond No. SU1113496 Further, the said Surety, for value received, hereby stipulates and agrees that no change, extension of Tame, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the Contract Documents and /or of the work to be performed thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of _ f Y''s�1G�� , 2011. RePipe- California, Inc. 5525 E. Gibraltar St. Ontario, CA 91764 PRINCIPAL By Company Representative 10 t 4iiS, y;( �'e5t0�,fi In accord an ce with the Contract for BRISTOL r S? _ 1 _ ' R A_ C_ -I_ _ c all bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. By signing below, Surety certifies that the bonds are issued by an admitted surety. Arch Insurance Company 3 Parkway Philadelphia, PA 19102 SURETY Bv- r Joann' ombrowski, Attorney-In-Fact APPROVED AS TO FORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District By /s/ — CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 1 ` i i before me, Dela Here Insert Name and This of the op... personally appeared Name(,} of Sigrner(sj IuuIV dial MCLEELLAN Commissillm # 1791)2 68 Notary Public - CttlfarMa San Strnardinc Cnunty 7 tlw1 COMM- EX ire& May 16. 2111', � Crift CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name( ,$) is /are subscribed to the within instrument and acknowledged to me that he /*e /tpiey executed the same in his /her /their authorized capacity(ies), and that by his /hp's /tf?oir signature ;-) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and off icia[ seat. 5ignature:�'�, ✓ l� `.I Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing i Top of thumb here Number of Pages: Signer's Name ❑ Corporate Officer — Title(s): ❑ Individual IMME ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2010 National Notary Association • NalionalNotary.org • 1- 800-US NOTARY (1 -800- 876 -6627) Item #5907 Surety ► ; now a ge ent State of Connecticut County of Litchfield On this 28thday of October, 2011 before me personally appeared Joann Dombrowski To me know, who being by me duly sworn did depose and say that he /she is the Attorney -in -Fact of Arch Insurance Company The Corporation described in and which executed the above instrument; that he /she knows the seal of said Corporation and that he/she signed his/her name thereto by like order. kA TAR otary Public: Jessica L. Piccirillo r�co�0,205 Expires ii� JUn93Q 20f5 U M Commission Expires: June 30 2015 �� A�1 -`�� POWER OF ATTORNEY Know All Men By These Presents. That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, Joann Dombrowski, Marion R. Vail and Susan E. Deak of Farmington, CT (EACH) -its true and lawful Atterney(s )-In -Fact, to make, execute, seal, and deliver from the date of Issuance of this power for and on its behalf as surety, and as Its act and deed. Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the Payment or collection- of any prornissgry note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each. sudh bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time_ The execution of such bonds and undertakings in pursuance of these pfesetft shall be as binding upon the. said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by Its regularly elected gflfCers at its. principal .office Ir1 Kansas Gitjt; ►IlssPuril This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of [hector of the Company on- March 3, 2003, true and accurate copies of which are.hersinafEer set.forth and are hereby certified to by the Undersigned Secretary as being. In full force and effect "1/O'TED, That the Chairman of the Board; the President, or any Mice President, or their appointees designated In wd0ng and filed with the Secretary, or the Seoretary shall have the power and authority to appoint agents and attorneys -in fact, and to authorize them to execute on behalf, of the Company, and attach the seal of the Company thereto, bonds and undertakings, reuognlzances, contracts of Indemnity and other writirtgs; opligatory In the nature thereof; and any Such oftlaers of the Companyrnayapppint agents for acceptaAce of process," This Mower of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003, VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and oertifications by the Secretary, may be affixed by facsimile on. any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so execrated, sealed and derfifled with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. OOM LOO 13 00 03 03 Page 1 of 2 Printed in U.S.A. . STATE OF CALIFORNIA. DEPARTMENT of INSURANCE N4 08157 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT Pursuant to the insurance Code of the Scare of California, Arch Insurance Company Of Missouri organized under the laws of Missouri , subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of thls, Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Team and Vehicle, Automobile, and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended W WITNESS WHEREOF, effective as of the 15 th day of December 2005 I have hereunto set my hand and caused my official seal to be affixed this 15th day of December 2005 John Garamendi 1 "rant misaioner By Patricia K. Staggs for Richard D. Baum MA* Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. F"we to do so will be a violation of Insurance Code Section 761 and will be grounds for tevoldrng this Certificate of Authority pursuant to the convenams made in the application therefor and the conditions contained berein. BonUi m3 oepoo 78261 ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2010 Assets Cash in Banks $ 89,745,338 Bonds owned 1,055,658,067 Stocks 367,171, 766 Premiums in course of collection 146,978,596 Accrued interest and other assets 268,448,878 Total Assets $ 1,928,002,645 Liabilities Reserve for losses and adjustment expenses $ 681,380,653 Reserve for unearned premiums 139,311,239 Ceded reinsurance premiums payable 92,726,263 Amounts withheld or retained by company for account of others 143,242,640 Reserve for taxes, expenses and other liabilities 255,558,983 Total Liabilities 1,312,219,778 Surplus as regards policyholders 615,782,867 Total Surplus and Liabilities $ 1,928,002,645 By: Attest: 4—'—: Senior Vice President, Chief fnd r Vi President, Secretary Financial Officer and Treasurer en r al Counsel State of New York } } SS County of Nassau ) Thomas James Ahern and Martin John Nilsen, being duly sworn, say that they are Senior Vice President and Chief Financial Officer and Secretary, respectively, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2010, Subscribed and sworn to before me, this r6r` day of March, 2011 Notary Public —� BRYAN D, KOHLBEMR 10 #2403903 NOTARY PUBLIC OF NRN J9W WCWOMWEsgo ninVM6 FAITHFUL PERFORMANCE BOND PAGE 9 Bond No. SU1113496 COSTA MESA. SANITARY DISTRICT FAITHFUL. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and sanitary district, by minute order of the Board of Directors, adopted on , has awarded to CONTRACTOR RePipe-Califomia, Inc., 5525 E. Gibraltar St., Ontario, CA 91764 hereinafter designated as the "Principal', Contract No_ CMSD #129 for the work described as follows: BRISTOL STREET SEWER REPLAGEi- AiFNT- PHASE 11. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract, including a one year guarantee of the work performed. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and Arch Insurance Company, 3 Parkway, Philadelphia, PA 19102 (NAME AND ADDRESS OF SURETY) Duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of; Two Hundred Ninety- nine Thousand Seven Hundred 00/100 Dollars ($299,700.001, said sum being not less than one hundred (140°!x) percent of the Contract price for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THiS OBLIGATION IS SUCH that, if the above burdened Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa Sanitary District, its offices and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. This obligation covers a one year guarantee on work performed after said work has been completed. The one year period shall commence on the date the Notice of Completion has been recorded. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees as fixed by the court. FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. SU1113496 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the work to be performed thereunder shall In any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the work. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 115t day of _,2011. RePipe- California, Inc. 5525 E. Gibraltar Street Ontario, CA 91764 PRINCIPAL By: W Company Representative Dkvt, in accordance with the Contract for 6'=,► ' Chi_ v " ;'REET 3EV1,1ER ;=y- _- AGEMIiE 4T- F °: all bonds shall be issued by an admitted surety insurer and the District reserves the right to nt]ject to any such surety, in accordance with Code of Civil Procedure Section 995.660. By signing below, Surety certifies that the bonds are issued by an admitted surety. Arch Insurance Company 3 Parkway Philadelphia, PA 19102 SURETY By: 1-fX Joann Dombrowski, Attorney -In -Fact APPROVED AS TO FORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District By /sl REQUEST FOR CHANGE ORDER RCO No. (Payment or Time) NOTICE; Conditions arising that would support a request for payment for additional work or time extension must be CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § i 189 J County of On I r ( r before me, Dale - r .. Here Insert Name and Title of the Officer personaiiy appeared 1 } 1(1 i Name(sj of signer(s) ab WONNE MG LI LLAN 1 :, Comrrlisaion t ?98268 Notary Public - Callfornia Says Bernardino County !tot. Ex Ylres tAaY 1$.2ejt7 who proved to me on the basis of satisfactory evidence to be the person(,) whose name(�r) is/ate subscribed to the within instrument and acknowledged to me that he /st)6 /thy executed the same in his /her/tf ibir authorized capacity(ie: ), and that by his /hO /to,oir signatures) on the instrument the person), or the entity upon behalf of which the person,(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal - Signature :� Place Notary Seal Above % Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TiVe or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ [ndividuai ❑ Partner — ❑ Limited ❑ General Pup of thumb Iwere ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing - -u © 2010 National Notary Associelion • NalionalNotary ,org - 1- 600 -US NOTARY (1 -800 -876 -6627) Item 46907 Surety Acknowledgement State of Connecticut County of Litchfield On this 28thday of October, 2011 before me personally appeared Joann Dombrowski To me know, who being by me duly sworn did depose and say that he /she is the Attorney -in -Fact of Arch Insurance Company The Corporation described in and which executed the above instrument; that he /she knows the seal of said Corporation and that he /she signed his /her name thereto by like order. 5� ,.L,.Picc!ri`�o Lary Public: Jessica L. Piccirillo oQ'121 Sune so, 2 P�g�� My Commission Expires: June 30, 2015 � ion n ec��e'� POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas Clty, Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, Joann Dombrowski, Marion R. Vail and Susan E. Deak of Farmington, CT (EACH) -its true and lawful Attorney(s )-In -Foot, to make, execute, seal, and deliver from the date of issuance of this povigr for and on its behalf as surety, and as its act and deed: Any and ali bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee thfe payment or collection of any promissory note, check, draft or Letter of credit: This authority does not permit the same obligation to be split into two or more bonds in order to bring each. such bond within the dollar lirrilt-of authority as set forth herein. The Company may revoke this appointment at any time_ The execution of Stich bands and undertakings In purstaance of. theca preeentg:'shall be as binding upon the said Company as fully and amply to all intents and .purposes, as if the carne had been dWy executed and acknowtedgead by-its regularly elected . offcers at its principal office in Kansas City; mi�s:6 This Power of Attomey is executed by authority of resolutions adopted by urranimotis consent of the Board of Directors of the Company on March 3, 2003, true and acx orate coples-of .which are here)naftsrset forth and are hereby certified to -by the undersigned Secretary as being.in full force and -eftect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated, In . writing and filed with the Secretary, or the Secretary shall have the. power and -authority to appoint agents and attomeys -in fact, and to authorize there to execute on behalf- of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, con"cts. of Indemnity and other writings? obligatory fn the nature thereof; ant pny such officers of the Company may appoint agents for aWeptaoce of process;" This Power of Aftorrtey is signed; seated and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 20x3: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company,. and certifications by the Secretary, may be affixed by facsimile on. any power of attorney or bond executed purskfgnt to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certffied with respect to. any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 9 of 2 Printed in U.S.A, REQUEST FOR CHANGE ORDER RCO No. (Payment or Time) NOTICE: Conditions arising that would support a request for payment for additional work or time extension must be brought to the District's attention within ten (10) days, and a Request for Change Order for additional work/time extensions must be filed within fifteen (15) days. THIS FORM MUST BE USED. (See Contract Section 5.) Circumstances supporting payment for additional work/time: Describe why payment should be granted. Attach any more detailed discussion, with backup documents as an exhibit. (Remember: damages have been contractually limited on this job. See Section 28 of the Contract.) 2. Describe the delay and why a time extension is appropriate. Provide any backup documents as may be necessary to support the request. You must demonstrate how the critical path was impacted. Submitted by Construction Manager's Approval: Engineer's Approval: By: M3 NOTE: Approval of this request for change order is only effective upon District approval of the change order. Change Order approved/denied by: CERTIFICATE OF LIABILITY INSURANCE TISSUE DATE November 14, 2011 PRODUCER Alliant Insurance Services Houston LLC 5847 San Felipe, Suite 2750 Houston, TX 77057 832.485A000 Fax: 713 -470 -0124 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURED RePipe California LP 5525 East Gibraltar Street Ontario, CA 91764 INSURERA Liberty Mutual Fire Insurance Company 23035 INSURER e: Starr Indemnity & Liability Company 38318 INWRERC: INSURER D: INSURER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE WDDIYY) POLICY EXPIRATION DATE MODIYY) UMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [X OCCUR TB2-6 U3 66037- 04101/11 04101112 EACH OCCURRENCE $ 1,000,00 PRODUCTS -COMPIOPAGG. $ 2,000,00 PERSONAL &ADV. INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,0 GENERAL AGGREGATE UMITAPPUES PER FIRE DAMAGE (Anyone fire) $ 100,00 POLICY I XJPROJECTF TLOC MED EXPENSE (Any one person) $ 5,00 A AUTOMOBILE LIABILITY ANY AUTO ALL OWN ED AUTOS SCHEDULEDAUTOS HIREDAUTOS NON -OWN ED AUTOS GARAGE LIABILITY OTHER AS2 -061 -066037 021 04101/11 04101/12 COMBINED SINGLE LIMIT (Each accident) $ 2,000,00 X BODILYINJURY (Per person) $ BODILYINJURY (Per accdent $ PROPERTY DAMAGE $ GARAGE LIABILITY ANYAUTO AUTO ONLY -EA ACCIDENT $ Other Than Auto Only EAACC $ AGGREGATE $ B EXCESSILIABILITY CLAIMS MADE OCCUR RE ENTION: SISCCCL000151 11 04101111 04101/12 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY WA2$6D 066037 -011 04101/11 04/01/12 X WC Statutory Limits Oth er EL Each Aocident $ 1,000,000 EL Disease -EA Em oyee $ 1,000,000 EL Disease- Policy UnnU $ 1,000,000 Other Each Loss $ Aggregate $ DESCRIPTION OF OPERATTONSILOCATTONS NEHICLESISPECIAL ITEMS: this certificate cancels and replaces previously issued certHicate 1028111 Sewer System Rehabilitation Contractor. Costa Mesa Sanitary District is included as Additional Insureds for General Liability and Auto Liability and only as required by written contract but limited to the operations Of the named insured excluding Workers Compensation and subject to the policy terms, conditions, limitations and exclusions forjob: Costa Mesa Sanitary District Bristol Street Sewer Replacement -Phase Il. Waiver of Subrogation is provided (continued on attached) CERTIFICATE HOLDER Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 CANCELLATION SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELED, NON - RENEWED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 64106 . .GR T MAIL 30'DAYS WRIT-FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, °3:; FAII -I-IRS n D 49 RW 41 1 'nnPOScSyQ AUTHORIZED REPRESENTATIVE a*r • i -- - - .r/ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend for alter the coverage afforded by the policies listed thereon. ADDITIONAL INFORMATION ISSUE DATE November 14,2011 PAGE 2 INSURED. RePipe Cal ifomia LP 5525 East Gibraltar Street Ontario, CA 91764 CERTIFICATE HOLDER: Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 for Workers Compensation as required by written contract but limited to operations of the named insured and subject to the policy terms, conditions, limitations and exclusions. Coverage is Primary and Non - Contributory as respects General Liability as requited by written contract and subject to policy terms, conditions, limitations and exclusions. *10 days for premium non - payment. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend for alter the coverage afforded by the policies listed thereon. Memorandum To: Board of Directors Via: Scott Carroll, General Manage .;� From: Robin B. Harriers, District Engineer Date: November 30, 2011 Subject: Project #193 Seismic Study and Retrofit for Pumping Stations Summary The District retained structual engineer Jerry Tucker to perform a seismic study of the District's sewer pumping stations and make recommendations for retrofitting certain components to provide protection against major earthquakes. Enclosed is a review and recommendation regarding these protection measures. Staff Recommendation The Board of Directors authorize the General Manager to implement Priority I (secure the above ground electrical enclosures), Priority II (provide back -up power), and Priority III (provide flexibility to withstand earth movement) now and implement Priority IV (provide additional support for pumping stations in liquefaction zones) and Priority V (secure together concrete grade rings in pumping station manhole openings) in the near future. Analysis The District's General Manager placed out for Request for Proposal (RFP) a seismic study and retrofit of the District's pumping stations as a means to lessen the District's vulnerability to a 6.0 magnitude or greater earthquake. The study was awarded to the only RFP submitted, long time local structural engineer Jerry Tucker of JTA Consulting Structural Engineers of Costa Mesa. The study included a site investigation of 14 pumping stations (the six scheduled for abandonment were excluded), research into the effect of previous earthquakes on (Protecting our community's heaftl andthe environment by providing soldwaste an.dsewerco(Cection services. www. crosdca.gov Board of Directors November 30, 2011 Page 2 of 3 pumping stations and sewer systems, and recommendations for implementing preventative measures at the pumping stations. Earthquakes adversely affect structures because the ground is moving side to side (laterally) and this motion creates lateral forces that the structure must resist. Preventing damage from earthquakes requires special design features. JTA found that because the pumping station itself is underground, the entire station will move side to side in an earthquake as the ground itself moves side to side. The homogeneity of the combined movement of the ground and pumping station typically limits damage to certain components, such as connections between the station and pipelines either entering or exiting the station. Prior I of the study addresses the electrical enclosures because the electrical enclosures at each station are above ground on a pedestal, and the enclosure is subject to rapid side -to -side movement during an earthquake so special connectors need to be installed to properly anchor the enclosures. Priority II addresses the need for standby electricity since large earthquakes usually knock out local power thereby creating a need for standby power. Priority III addresses adding flexibility between the station and the pipelines entering and exiting the stations; the openings in the concrete vaults at the pipeline locations should be expanded one inch all the way around to prevent the pipe from shearing off as the vault moves in an earthquake. Additionally, the pipes entering and exiting the station should either be a flexible pipe such as PVC or have PVC lining to provide flexibility when movement is introduced. Staff and JTA agree that Priorities I, II, and Ill should be implemented as soon as practible with Priority IV (prevention of damage due to liquefaction) and Priority V (bonding together the manhole rings to prevent separation) being implemented as a second step in the retrofitting process. JTA is proposing a study of the electrical enclosures to provide installation details for anchoring the enclosures and it is likely the District will prepare plans and specifications to have Priorities I and III in a bid package while District staff continues implementing Priority Il (providing an additional power source at each station.) Strategic Plan Element & Goal This item complies with Strategic Plan Element 1.0, Sewer Infrastructure and Goal No. 1.4, System Wide Sewer Replacement and Repair Program. The strategy for this Strategic Element states: "We will do this be the careful management of the collection infrastructure using prudent planning and maintenance, with financial strategies to maintain sufficient capacity and respond to changing regulatory demands." Board of Directors November 30, 2011 Pace 3 of 3 Legal Review Not required. Financial Review The cost for the study was $29,400 in which $100,000 was budgeted for this item. Approximately $70,600 is available to perform seismic improvements at District pump stations. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 30, 2011 regular Board of Directors meeting at District Headquarters and on the District website. Alternative Actions 1. Do not authorize earthquake preventative measures. 2. Refer the matter back to staff for additional information. Reviewed by: Teresa Gonzalez Accounting Manager Attachment: JTA Seismic Study X1 A, SEWER SYSTEM COMMITTEE AGENDA w nib e r 8, 201'x, 10 -3 a. m. Costa Mesa Sanitary, District 628 W. 19"' Street, Costa,Mesa, Calfforniz E 1!Qp _jg I. Monthly Spill Stafisfics N No new sanitary sewer overflows (SSOs) to report NEW DISCUSSION iTEMS W 2744 Cardinal Drive - SSMC on 912M I 2740 Cardinal Drive; Notice of Required Sewer Lateral Mairitenance 2733, 2734, 2737, 2741, 2`7',t4 Cardinal Drive; Nollco of B=ked Sewer L ateral III, Seisrnlc Study, 9, Retrofit of CMD Pumping Stations 9 Review reparl: by JTA Structural Eriglllrieeirs 4 Implamentation ()T Priority J, H, III rocon-irnenda6ans ncyldv rand Priority i,,,V and V in future (I:f) 13) 0 JTA to perform Prioflty I study 0 CM D SUiff working on Priority 11 z"ind III lid" South Coast Plaza Restaurants * 110inutes of rneefing helid 1011911l * Propoqed sulfides study by EEC * Proposed down drain for Incoming line to reduce turbulence and suiffide release V, GIS Aflas.1CMUIStHydraulic If odelftq; - Oral Repoil 0 Training for GIS A➢as & 'CWMS 1114111 VL PICA inspection Technology - Oral Report Cleaning force mains ("pigging") prior to eloctfonic inspectiDin 23rd Pumping Station Force M ain; p re-j) iggin q, in eong 111,4111 Vill Victovia Pumping Station 4 New traffic rated door installed (NikDla Corporation) VIIL Articles of Interest R Jefferson County Sewer Rates Page 1 of 2 Sewer System Comniiree November 8, 2011 4L 1X, A. Pr°oject fil Oil West Side Purnp,iing Station Abandonnw-rd - Status Attendance by OCSD and discussion on project ect timetable Topographic mapping of Canyon Drive by City of Costa Mesa B. Projott #129 Bristol Street Sawtir Phase Ili — Stalus 0 Recommendation for aW2rd of construction contract at 11/30/11 regular meeting C Project #171 Irvine Puirn pl ing Slati oti Force Mahn IRehabiIitatforu - Status 9 Finalizing plan and specs for bidcing U. Project #185 Systern-Wide, Sewer Reconstruction Phase I - Status w Construction is continuing E. Project #189 Reiiab,ilitation; of Six Savvers Trainsfw rod to CUSED — Status q Construction is conip,eter, Staff and City oF Costa Mesa monitoring South Coast Drive F. Pirojoict #190 Canyon Force MoWin Rohabilitatiort U Design pliase is coribinuing G, Prooct #192 Sys,tein-Vide Sewer Reconstruction Ph,3s,q 2 --, Stcttiu,,,; Design pl-,Ia je 1s c arrtigujxig H, Project #193 Pumping Station Sli Study, & Riotrofil— Staitu s 0 Consultant roparl, corylpIcAe,; Priority 1, Ii, M PUBLIC GGIAMENTS X, This is the brae to receivie any cornments from rne,,rnbers of the pubfic. MEMIM Dated: Novernber 1, 2011 971� Cierk, of the District Page 2 of 2 Meeting bate Item Number 09122111 XIII. A RESOLUTION NO. 805 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING STANDING COMMITTEES WHEREAS, the District provides both (1) liquid waste collection and (2) solid waste collection, recycling and disposal services; and WHEREAS, the District also interacts with the City of Costa Mesa and the Mesa Consolidated Water District; and WHEREAS, the Board has determined that, in light of the significant issues the Board acts on at each monthly meeting, it would be beneficial to have issues studied and recommendations made at the committee level, which would consist of less than a quorum of the full Board; and WHEREAS, state law allows, and the Board has created, both ad hoc advisory committees and standing committees to study those issues and to provide recommendations; and WHEREAS, "standing committees" are those that are formally created and which have continuing subject matter jurisdiction over certain subjects, while "ad hoc advisory committees" are those that are created for a limited short term purpose; and WHEREAS, standing committees must fully comply with the Brown Act while ad hoc committees need not comply if composed of less than a quorum; and WHEREAS, the Board does hereby desire to formally create its standing committees and provide for the procedures under which those committees are to operate; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby RESOLVE as follows: 1. Standing Committees created. The Board does hereby create standing committees as follows: (1) Recycling Committee, (2) Sewer System Committee, and (3) participation in the City- District Liaison Committee. 2. The Recycling Committee: (a) Composition. The Recycling Committee shall be established with one regular member who will serve as Chairman of the Committee and one rotating member. All committee members shall serve a two -year term to coincide with Director elections and shall serve until a successor is appointed. The rotating member shall serve in accordance with an alphabetized listing, which is attached hereto. The District Clerk will remind each rotating member when his/her rotation period is so that attendance can be properly calendared. In addition, the Board shall appoint an alternate member who shall only participate in the committee meeting if a regular committee member cannot attend. Listings may be changed by formal action of the Board. (b) Charge. The purpose of the Recycling Committee is to provide advice to the full Board on recycling and related solid waste matters. 3. Sewer System Committee: (a) Composition. The Sewer System Committee shall be established with one regular member who will serve as Chairman of the Committee and one rotating member. All committee members shall serve a two -year term to coincide with Director elections and shall serve until a successor is appointed. The rotating member shall serve in accordance with an alphabetized listing, which is attached hereto. The District Clerk will remind each rotating member when his/her rotation period is so that attendance can be properly calendared. In addition, the Board shall appoint an alternate member who shall only participate in the committee meeting if a regular committee member cannot attend. Listings may be changed by formal action of the Board. (b) Charge. The Sewer System Committee shall review all sewer system capital improvement projects, sewer system management plan matters, and other sewer system and treatment matters and report to the full Board on the same. 4. City - District Liaison Committee. (a) Composition. The City- District Liaison Committee is created by action of the District, City of Costa Mesa and the Mesa Consolidated Water District. The District shall send the Board President and one rotating member. The rotating member shall serve in accordance with an alphabetized listing, which is attached hereto. The Distdct Clerk will remind each rotating member when his /her rotation period is so that attendance can be properly calendared. In addition, the Board shall appoint an alternate member who shall only participate in the committee meeting if a regular committee member cannot attend. Listings may be changed by formal action of the Board. (b) Charge. The City - District Liaison Committee shall meet with the City of Costa Mesa and the Mesa Consolidated Water District and discuss items of mutual interest. 5. Brown Act compliance. All standing committees require full Brown Act compliance and require noticed agendas. No matters not on the agenda may be discussed unless appropriate findings are made in the written minutes. The public must have access to the meetings and be provided an opportunity to speak. Only two Board members who constitute the Committee may participate in such a meeting. Other Board members may attend as an observer but may not speak or participate other than by listening. 6. Minutes /reports. The Recycling and Sewer System standing committees shall report on their proceedings at the next regular Board meeting. Such report may be an oral presentation or written minutes may be provided. 7. District resources. Committees should not direct staff to commit any substantial expenditure of staff time or other resources unless full Board approval has been obtained. 8. No vested term provided. Committee members serve at the pleasure of the Board and may be removed without cause at any time by majority vote of the Board. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on the day of 2011. Robert Ooten President of the Board of Directors Mike Scheafer Secretary of the Board of Directors STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2011 -805, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the day of 2011. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this day of 2011. Clerk of the Costa Mesa Sanitary District e fire, Data, lip i�r kiaaA C � >S'IA M2SASAN�`rA�?'��IS7X IC'�" . m Memorandum To: Board of Directors an . n ' " , : � .' Via: Scott Carroll, General Manalpr -o' From: Joan Revak, Office Manager/Clerk of the District Date: November 30, 2011 Subject: 2011 School Telephone Book Recycling Report Summary qra�� Staff is providing the Board with a report on the 2011 School Telephone Book Recycling Program. Staff Recommendation Staff recommends the Board of Directors accept the report. Analysis The 2011 School Telephone Book Recycling Program will run from November 14 through December 16, 2011. Seventeen public and private schools are participating. Flyers (see attached) were distributed to each of the schools. A minimum of one -half book per student is required to qualify for the minimum $300 participation award. A participation award of $300 will be awarded only to the schools collecting at least one -half book per student; a grand prize award to one school in each category, elementary, middle and high school, and an award to the schools collecting 10 -20 lbs. per student An Exceptional Effort Award will be given to schools collecting over 20 lbs. per student. Legal Review None. Ootecting our community's 6eaft6 6y providing soldwaste andsewerco(rection services crosdca, gov Board of Directors November 30, 2011 Page 2 of 2 Financial Review Funds were budgeted and are available to fund the monetary awards of the 2011 program. Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Attachments 1. 2011 Telephone Book Recycling Contest Invitation Letter to Schools 2. 2011 Telephone Book Recycling Program Flyer �a��iadyul �hrah.'�aa Jaynes h"e.,r))ydHflxn 44ike & 1ar:ufa_. james 1"°d'1'zp aaa ir.h, Arlira,ar, Pero, Igfl,' General das mina er° ^icrwr Rrnorvk Office Alarrrrar ey C' pria (if the Da sla-if.1 Robin 8 h,,ii wrrs, Disfrw °ief Engpaluw, (949) 63[473 A koi, R r"d a n„o ! lagZ?1 Cm.,1aa5ef s areirs D, An,fis ,vasurer Phone (94'9) 645-8400 F pax (949) 650-22.53 Addr ev 628 [V Mh Stivet Costo, 1"Iesrr> C/l Wilvintedon Recycled Pope r Di IMIr G L C."."osta M.esa Saxitary September 29, 2011 «Title» « First_Name>> « Last_Name» «Company_Name» ((Address—Line-1)) Costa Mesa, CA ((ZIP—Code)) RE: 2011 Telephone Book Recycling Fundraising Opportunity and Contest Dear «Title» «Last Name»: The Costa Mesa Sanitary District began Orange County's first telephone book recycling program in 1989 and has transformed the event into a rewarding and educational contest for the students and schools. During the past 23 years over 468,190 telephone- books have been collected and recycled and we are inviting your school and students to participate in this year's fall program. This program provides a simple fundraising opportunity with minimal effort. The District will place a bin at your school where outdated phone books collected by your students will be accumulated. The District provides flyers to promote the event and will empty the bin and track the tonnage for each school. By participating in our program, your school can earn $300 to $1,000, as described below, and the students will learn about recycling. Participation awards are based on the enrollment population of each school using the following formula: $1.00 per student up to a maximum of $400. To encourage all schools to participate there is a minimum award of $300. Additionally, a grand prize award of $400 will be given to the Elementary, Jr. High and High School collecting the greatest number of pounds of phone books per student. This method provides all schools an equal opportunity to earn a grand prize award, even if they have lower enrollment totals! Last year the CMSD Board of Directors also awarded an Exceptional Effort Award in the amount of $800 given to schools collecting over 20 lbs. per student., a Grand Prize Award to one school in each category, elementary, middle & high school, collecting the greatest # of lbs. per student and a $500 Award for schools collecting over 10 -20 lbs. per student. PLEASE NOTE: To qualify for the minimum $300 award, your school must collect a minimum of one -half book per student. pylotecti,110 MY GID WIffluplity's beak ,m @1 fmW T (m7firAulme t lyy rm1"i1oi�g 0"di6 m)asiz aO wnier u)f1(,z d(,Y To be eligible, your school must designate what will be obtained with the funds and included is a list of last year's participants and their incentive awards. Please choose something the entire school will have the opportunity to enjoy. The program challenges the students to collect the most telephone books and be rewarded, in addition to providing a hands - on opportunity for students to learn about recycling. All Costa Mesa public and private schools are being invited to participate in this year's recycling event. The 2011 program will occur between November 14, 2011 and December 16, 2011. Please fax the attached response form to the Costa Mesa Sanitary District office by October 14, 2011. As always, flyers will be provided to your school for distribution to the students. The Costa Mesa Sanitary District is anticipating that ALL schools will participate in this worthwhile recycling project. Please take a moment and fax your response today. If you have further questions, please call me at (949) 645 -8400, ext. 223. Respectfully, Joan Revak Program Manager Costa Mesa y Du rict Yes! Our school will participate in the Costa Mesa Sanitary District's 2011 Phone Book Recycling Program. No. Our school will not be participating in the Costa Mesa Sanitary District's 2011 Phone Book Recycling Program. Please let us know the reason your school is not participating: School Name: School Address: Name of Contact Person at School: Phone Number of Contact Person: Fax Number of Contact Person: How many students are enrolled at your school? Please tell us how your school will use the award money: Return this response form by fax: 9491650 -2253 Costa Mesa Sanitary District 628 W. ? 9'h Street Costa Mesa, CA 92627 If additional information is needed Call 9491645 -8400, ext. 223 Deadline: October 15, 2011 N w . . ....... . . . ............... .. .. . .......... F- 0 Raise funds for Costa Mesa Schools Learri about recydkig While earning rnooey for your sshook Schools with the, most books per shAd'ont in the rnost moneyl Si nce 1906, the Costa; Mesa, San Ite ry DI strict: has awarded $,141,J010 to f l schots.. uu CALIFORNIA ELEMENTARY KILINE SCHOOL ST, J014N THE BAPTiST SPONSORED BY: 3232 CaRfortria Aloe, 1620 vlen ue 1021, Balive r St, Costa M". a Sanitary District CHRIS"I'LUTHERAN ELEMENTARY MARINERS CHRISTIAN ON 00, SCH00t. Costa Nyasa DisposMICR&R 760 Waoria, St. 300 Fisper Ave. 966 Sionlora Rd, ORANGE COAST COLLEGE COLLEGE PARK $CliG,0L NEWPOR'r HEi0HT'S RECYCLE 2380 Noire Dame Rd. 300 E. 15th St, 8,01 wilsoil SL H,E(',"'Y'CLl,lSG C'EiN,"VER DAVIS SCROOL PAUILAMNOSCHOOL WOODLAND LEME NTARY '10,50 ArfinVion Dr. 11060'ReWaAno Ave- 2025 Ga rat er, L,,jai,ie N w . . ....... . . . ............... .. .. . .......... F- 0 Raise funds for Costa Mesa Schools Learri about recydkig While earning rnooey for your sshook Schools with the, most books per shAd'ont in the rnost moneyl Si nce 1906, the Costa; Mesa, San Ite ry DI strict: has awarded $,141,J010 to f l schots.. uu Th[s ulro atice isdistributed to the requirements of O'le California Oktogwad Wasto Monapowint Act of 1109 and speciffG aNy Seefinn 4170 cvf IN NAflic Resources Cr cto as, well as Ordiriances 92,11, and 93-7 of the City, of Cost;a Mosij:, Printed on Recycled Paper, CALIFORNIA ELEMENTARY KILINE SCHOOL ST, J014N THE BAPTiST SPONSORED BY: 3232 CaRfortria Aloe, 1620 vlen ue 1021, Balive r St, Costa M". a Sanitary District CHRIS"I'LUTHERAN ELEMENTARY MARINERS CHRISTIAN ON 00, SCH00t. Costa Nyasa DisposMICR&R 760 Waoria, St. 300 Fisper Ave. 966 Sionlora Rd, ORANGE COAST COLLEGE COLLEGE PARK $CliG,0L NEWPOR'r HEi0HT'S WIL WA SCHOOL 2380 Noire Dame Rd. 300 E. 15th St, 8,01 wilsoil SL H,E(',"'Y'CLl,lSG C'EiN,"VER DAVIS SCROOL PAUILAMNOSCHOOL WOODLAND LEME NTARY '10,50 ArfinVion Dr. 11060'ReWaAno Ave- 2025 Ga rat er, L,,jai,ie 10- KAMER t VENTARY Ana An, POMONA SCH001 Av,e, GCC P(ECYCLING CENTER 2130 Santa 2051 Paniona Adams Avenue FafrqOw Rd. at&t BetweRm & PMi,cm Th[s ulro atice isdistributed to the requirements of O'le California Oktogwad Wasto Monapowint Act of 1109 and speciffG aNy Seefinn 4170 cvf IN NAflic Resources Cr cto as, well as Ordiriances 92,11, and 93-7 of the City, of Cost;a Mosij:, Printed on Recycled Paper, 01 Y, 4- MMU40 IN@ . .......... . ........ . CD . . .. . .. . I . . ... I a obtenew, mAs informad6n, llarneal: (949) 645-8400 PA"I"RoCINADO POR: Costa Mesa Sairdlzry District Costai Mesa Dispos',aUCRAR ORA N(3if COASTUXLEG F (j'Vr(lll"j""'( N't "I I I" "Pq G C, El' , '� ' glMll' wl'-A6�� ■ 3401''Mrilm, USICAC16N I DE CONS ENEDGRE - Coatenedar". doo os pot CUR, Inc. ADAMS SCH00k, 2850 Clubhouse Road CALWORNIA ELEMENTARY 1,732 UMON"'MoPoe" COLLEGE PARK SC14001 2380 Notre : Dame Rd, DAVIS SCHOOL 1060 Arlington Dr. CHRIST LUTHERAN 760 Vittiods, Street KAMER ELEMENTARY 21,10Samto Ano Avle KILLYBROOKE XHOOL 3155 KIllybroluke Lwo KUNE SCHOOL 1620 Mam Avemius MARINERS CHRISTIAN 3M Fisher Ave. NLVVPOR,7" HEIGHTS 300 1E. 161h St. PAULAR'140 SCHOOL 1060 Pauladmo Ave, POMONA SU-100L, 2051 Pormorra Avg. ST - JOAC HN ELEMENTARY 1964 Orange Ave. ST',JOHN F'HE BAPTMT IM A sakaw "St" WOODLAND ELEWIFN rARY 2025 Garden kamne OC�C UCYCLING CENTER Adams Avenue Between Fairview, Rd., & Pirmreek tz,gfa noticia esta 6stribuida acuo�dcj a fos requis"os do 18 AG l do 1989 d10 dopav larnental do CaHforinia InlograWd leasto Management y Spec Micamicinto die acuardo con la Serclon 4170 dMI Coal' o de ReCItfSOS Publicos al igiml que con W ordinanzas 92-31 y 93-7 do [,a ci dial do Costa Mesa �mprhnWn en paRv� recfc�ado, "p; I SDW C i %iii,,, Independent Special Distdcu of orange County Mailing Address P.O. Box 20895 Fountain Valley, CA 92728 Meeting Location MWDOCIOCWD 18700 Ward Street Fountain Va #ley, CA 92708 (714) 963 -3058 (714) 954 -5930 fax www.mwdoc.com /isdoc Executive Committee President Hon. Rich Freschi Serrano Water District Is' Vice President Hon. John Withers Irvine Ranch Water District 2nd Vice President Hon. Bob Ooten Costa Mesa Sanitary District 3rd Vice President Hon. Bob Moore South Coast Water District 5 ec reta ry Laurie Ellen Park Kidman, Behrens & Tague, LLP Treasurer Hon. Joan C. Finnegan Municipal Water District of Orange County Immediate Past President Hon. Saundra Jacobs Santa Margaria Water District Staff Administration David Cordero Municipal Water District of Orange County Robert Ennis Orange County Water District October 26, 2011 Mr. Scott Carroll General Manager Costa Mesa Sanitary District 628 W. 19"' Street Costa Mesa, CA 92627 -2716 RE: Approval of ISDOC Membership Dues for 2012 Dear Mr. Carroll: Item Numb;.r R 1113011/ V_ C.1. NOV 0 12011 COSTA MESA SANITARY DISTRICT The Independent Special Districts of Orange County ( ISDOC) is conducting a special "vote -by- mail" election from November 1 — December 30, 2011 in order for its member districts to approve ISDOC's 2012 membership dues. This letter serves as the official notice of the election and accompanies the election ballot. A majority of ISDOC member districts (13125) is required to approve the dues. The ISDOC Executive Committee is recommending that annual membership dues for 2012 continue in the amount of $200 for Regular Members and $50 for Associate Members. The dues revenue collected will allow Orange County special districts (via ISDOC) to sustain their membership in the Orange County Council of Governments ( OCCOG) and retain their vote on the OCCOG Board of Directors. OCCOG membership dues are based on its members' respective operating budgets. ISDOC represents all special districts and is assessed total dues in the amount of $5,000 per year. OCCOG serves as a sub - regional planning agency to the Southern California Association of Governments (SC.AG) and represents 40 Orange County local jurisdictions, including all 34 cities, the County of Orange, all Orange County special districts (via ISDOC), Orange County Sanitation District (OCSD), Orange County Transportation Authority (OCTA), Transportation Corridor Agencies (TCA), and South Coast Air Quality Management District (AQMD). Special district membership in OCCOG helps ensure that our interests and issues remain part of both the policy discussions and the decision - making process at OCCOG and at SCAG. Special district membership in OCCOG is also our way of standing together with other local governments and forming a strong advocacy front on issues for which we may all have a vested interest. ISDOC Membership Dues for 2012 October 26, 2011 Page 212 Finally, OCCOG will be engaging in discussions during 2012 about its future role, how and where its functions will get accomplished, and how the organization can continue providing value to its members. This is an opportunity for Orange County special districts to not only participate in the discussion, but also vote on any proposals that may come before the OCCOG board. This is an important year to remain members of OCCOG and, once the organization has determined its future; special districts can determine whether to continue its membership moving forward. Enclosed is a one -page overview of OCCOG key responsibilities as a representative body for local government. Also enclosed is the official ballot for your district to cast its vote on ISDOC membership dues for 2012. Completed ballots must be received by ISDOC no later than Friday, December 30, 2011, in order to be counted. Ballots are to be submitted to the attention of David Cordero (MWDOC) through one of the following methods: Email — isdoc@mwdoc.com (an email confirming the receipt of your ballot will be sent) U.S. Mail — MWDOC, P.O. Box 20895, Fountain Valley, CA 92728 If you have any questions or you wish to discuss anything further, please contact David Cordero at (714) 593 -5012 or dcorderogmwdoc.com. S incerely, Rich Freschi ISDOC President Enclosed: 1) ISDOC 2012 Membership Dues Ballot 2) Overview of OCCOG Key Responsibilities Orana County , ts , Council of Governmen Key responsibilities include: Adopting the countywide growth forecast. This forecast, known as Orange County Projections (OCP), is critical to member agencies throughout Orange County given that socio- economic data, including population, employment, and housing are key variables in many state and federal programs, Participation, in this forecast through OCCOG is likely the most critical function ISDOC receives out of its membership investment. REMINDER: SCAG previously developed and used its own data for Orange County — through OCCOG, this changed when SCAG began using the data provided to it by OCCOG and the Center for Demographic Research at Cal State Fullerton. Protecting Orange County interests in SCAGs development of the Regional Housing Needs Assessment (RfTNA) allocation to local jurisdictions in the six-county SCAG region; ,P Protecting the local, bottom-up development of the Orange County Projections, which represents Orange County"s official growth forecast for local, countywide, and regional pla.aning; • Providing input and recommendations on new requirements relating to SB 375 and its Sustainable Communities Strategy (SCS) that seeks to reduce greenhouse gas emissions by shifting future and higher-intensity growth near transit stations and facilities; • OCCOG is a forum to discuss planning issues at the regional, state, and federal level. It is a collective forum to get and share information that can affect a multitude of agencies. With the cuts in income and thus spending, agencies have to better allocate time and staff, Dissemination of information is critical. OCCOG is an efficient venue and form to do this ©n our behalf; 46 OCCOG does make regional appointments on behalf of -regional entities. Having ISDOC as a voting member of OCCOG is beneficial to ISDOC member agencies. An example of this was the appointment made earlier this year to Santa Ana Watershed Project Authority's One Water One Watershed Steering Committee; and • OCCOG, through board or executive director approval, will sign on to support letters for advocacy or letters supporting grant applications. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY 20122 MEMBERSHIP DUES BALLOT The Question: "Does your special district, as a regular member in good standing, approve the continuation of ISDOC membership dues in the amount of $200 for Regular Members and $50 per year for Associate Members for the 2012 calendar year? Cast your Vote: Please cast your vote by using an "X" on the line next to "Yes" or "No" below. YES Im DISTRICT NAME Return your Ballot: Completed ballots must be received by ISDOC no later than Friday, December 30, 2011 in order to be counted. ballots are to be submitted to the attention of David Cordero (MWDOC) through one of the following methods: • Email -- isdoc @mwdoc.com (email confirming receipt of your ballot will be sent) • U.S. Mail — David Cordero, MWDOC, P.O. Box 20895, Fountain Valley, CA 92728