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Agenda Packets - Board - 2012-02-23Costa Mesa Sanil:,Iar, District . . . an Independent Special District AGENDA Robert Ooten F,�l'esident Jarnes Fe'rryman Vice Presadent James Fitzpatrick Assistant SeMEAary Michael Scheafer Secretary Arthur Pe.iTy Dh,ectoi,- 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. 19 °h 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 is needed (28 CFR 35.102.35.104 ADA Title 11), 4 Regular Meeting-1,1,1, "I'hursday, Februiary,23, 2012 5 RECOMMENDED ACTION 1. CALL TO ORDER­ 5:30 p. M. - 628 W. 19th Street, Costa Mesa [I. PLEDGE OF ALLEGWICGEL-44,—,!.- �lt= Ill. 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. Ceremonial Matters and Presentations Awards for Environmental Excellence: Davis Magnet School Orange Coast College Goodwill of Orange County IWIZWOVA711 t11710*701 I 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. Trotecting out community's heafth 6y providing sofidwaste and sewer cofilaction services, wwu).=dca.gov C osta Mesa Sailita-ry) District AGENDA Febru,ary 23, 2012 Page 2 WX910121119 "! I R Z� 11iff9i ffi]o VII. 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. A. Minute Approval 1. Regular Board of Directors Meeting — November 30, 2011 - REVISED 2. Sewer System Committee Meeting — January 17, 2012 3. Recycling Committee Meeting — January 23, 2012 4. Regular Board of Directors Meeting — January 26, 2012 B. Financial Reports 5. Occupancy Report and payment to Costa Mesa Disposal — January 2012 6. Contract Payment to CR Transfer for Recycling Services & Disposal for January 2012 7, Adoption of Warrant Resolution No. CMSD 20128 Ratifying Payment for the Month of January 2012 in the amount of $957,395.20 8. Directors' Compensation and Reimbursement of Expenses for the Month of January 2012 9. Investment Report as of January 31, 2012 10. Budget Transfer for Gladwell Services 11. Budget Transfer for EOC Equipment and Supplies ----.---- ---- --- ------- -- ----- - -- - -- -END OF CONSENT CALENDAR- l' 1 6-1400901 &117N] IX GENERAL MANAGER'S REPORTS A. Permanent Emergency Equipment at Pump Stations B. Front Lobby Expansion Project C. Residential FOG Recycling Program Approve Ratify Payment Ratify Payments Approve Compensation & Ratify Expenses Approve Approve Approve --------------------------------- Consider Approve Contract ftotecting ourcominuniq's he fi andthe environment 6y providing sofidwaste and'sewarcoffection services. www. cnudca.,gov Costa Mesa Sanitau District AGENDA gi lmaz= E. Annual Health Benefit Broker Fees and Commissions Disclosure X. RECYCLING COMMITTEE A. Tuesday, February 21, 2012, 10:30 a.m. (Directors Fitzpatrick and President Ooten) February 23, 2012 Page 3 I i3 g1jej "�i I 4g, 101 Le• i-M Accept Report 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. X1. ENGINEER'S REPORTS A. Project Status Report Receive & File B. CMSD Project #185 Staff Report - System Wide Sewer Accept Improvements Reconstruction Phase I File & Exonerate Bonds X11. SEWER SYSTEM COMMITTEE X Tuesday, February 14, 2012, 10:30 a.m. Accept Report CMSD Board Room, 628 W. 10th Street, Costa Mesa (President Ooten and Director Ferryman) 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. XIII. TREASURER'S REPORTS XIV. ATTORNEY'S REPORTS A. Ordinance No. 89, Providing Authority for the Recovery of Abatement Costs Adopt Ordinance Made Necessary by Violations of the District's Ordinances B. General Manager's Employment Agreement— Second Amendment Approve Protecting our communit 's health and the environntent 6 y y providing sofidwaste andsewer co(&ction semices, www,cmdca.gov Costa Mesa Sanit,aq Dist'rict Februanj 23, 2012 AGENDA Page 4 XV. CLERK OF THE DISTRICT'S REPORTS A. Resolution No. 20,12-809 Ordering that Publication of Ordinance No. 88 Adopt Resolution Amending the District's Operations Code to Delete the Requirement of Oversight Committee Review of the District's Investment Policy has been Published XVI. 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 Ikind is provided. Note: For meetings for which the per them 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 § 3.01.030. 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) Accept Report (Director Ferryman) B. Santa Ana River Flood Protection Agency (SARFPA) Accept Report (Director Perry) C. Independent Special Districts of Orange County (ISDOC) Accept Report D. California Special Districts Association E. California Association of Sanitation Agencies F. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 A. Incompatibility of Office XX. ADJOURNMENT Discussion T'rotecting our community's heafth and the envizonment 6y providing sotidwaste andjewer co0action semices, www.cnudca,,gov Meetigg Date Lt_em NumLer 2123112 VILAA PLEDGE OF ALLEGIANCE ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: Director Ferryman 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 OTHERS PRESENT M r9#T1 U ir, M F 150 "T 7 =M a 1 0 0 - I' I filmff. Ong M-A im kyl Ram 0 12.11 im Ms. Revak provided a copy of Director Fitzpatrick's October 2011 expense reimbursement form that was not included in the Board packet. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF TIME BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 CONSENT CALENDAR REPORTS MINUTE APPROVAL Minutes of Sewer System Committee The Minutes of the Sewer System Committee Meeting — October 18, 2011 Meeting of October 18, 2011 were approved as distributed. Minutes of Recycling Committee Meeting — October 24, 2011 Minutes of Regular Board Meeting — October 27, 2011' ti i. ►.:...:' « :. Project Status Report Occupancy Report and Payment of $197,152.38 to Costa (Mesa Disposal — November 2011 The Minutes of the Recycling Committee Meeting of October 24, 2011 were approved as distributed. The Minutes of the Regular Board Meeting of October 27, 2011 were approved as distributed. The Project Status Report dated November 201' 1 was accepted as submitted. The Trash Occupancy Count documented an increase of one unit for the occupancy report for solid waste collection as of November 1, 2011. Therefore, the total for November is 21,534 and the payment of $197,152.38 was ratified. Contract Payment of $156,768.11 to CR The contract payment of $156,768.11 to Transfer — October 2011 CR Transfer for recycling services and disposal for the month of October 2011 was ratified as submitted.. Contract Payment of $9,923.37 The contract payment of $9,923.37 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal for Heights /Newport Beach — October 2011 Santa Ana Heights /Newport Beach for the month of October 2011 was ratified as submitted. COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 20"11 Warrant Register for the month of October 2011 in the amount of $597,153.29, Directors Compensation & Reimbursement of Expenses for the month of October 2011. Investment Report for the month of October 2011. PAGE 3 Warrant Resolution #CMSD 2012-5 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 $597,153.29. Director Compensation and Expense Reimbursements for the month of October 2011 were approved and ratified as follows: President Ooten: $1,326.00 Vice President Ferryman: $1,326.00 +$436.79 Director Scheafer: $1,326.00 + $308.19 Director Perry: $1,326.00 + $692,35 Director Fitzpatrick: $1,326.00 + $253.11 The Investment Report for the month, of October 2011 was approved as submitted. END OF CONSENT CALENDAR Director Ferryman moved to accept the Consent. Director Scheafer seconded the motion. Motion carried 5-0, WRITTEN COMMUNICATIONS Ms. Revak presented a written communication from the Special District Risk Management Authority (S DRMA) providing the 2011 election results. The successful candidates were Ed Gray (Chino Valley Independent Fire District), Sandy Raffelson (Herlong Public Utility District) and Terry Burkhart (Bighorn-Desert View Water Agency. 1:111:39 President Ooten invited public comments. There were no public comments. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 MUOTLOW BOARD OF DIRECTORS' HEALTH BENEFITS Mr. Carroll reported on his research and survey of special district's cost for health benefits for 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 provided a recent survey conducted by the Orange County Grand Jury. More than half of the eighteen special districts surveyed, are paying health insurance for their board of directors. The insurance costs ranged from a low of $3,796 (El Toro Water District) to a high of $18,077 (Trabucc, Canyon Water District). The average insurance cost for directors in Orange County is $9,629, which is more that the total costs for all five CMSD Directors to enroll in the District's health insurance plan. Mr. Carroll stated 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 $315.20 and the total contribution amount over the entire 35 year period would be $5,419.22. Mr. Carroll stated there is sufficient money in the FY-2011-12 Budget to pay for these expenses. Director Perry moved to approve Resolution No. 2011-806. Director Scheafer seconded the motion. Motion carried 4-1 with Director Fitzpatrick dissenting. AMENDMENT To EEC AGREEMENTS Mr. Carroll reported the District has two agreements with Environmental Engineering & Contracting, Inc. (EEC), one for creating a district-wide Geographical Information System (GIS) and a Computerized Maintenance Management System (CMMS) and the other for implementing and enforcing the District's Fats. Grease and Oil (FOG) program for food service establishments. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 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 main centerline data so that it 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 staffs 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. 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 and/or 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. Vice President Ferryman moved to approve both the First Amendment to the GIS/CMMS Agreement and the Second Amendment to the FOG Agreement. Director Perry seconded the motion. Motion carried 5-0. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 Mr. Carroll presented Ordinance No. 87, prohibiting unauthorized use of trash containers. 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. Vice President Ferryman moved to adopt CMSD Ordinance No. 87, Director Perry seconded the motion. Motion carried 5-0. CONTRACT ADMINISTRATION/INSPECTION SERVICES FOR PROJECT #129 — BRISTOL STREET SEWER - PHASE 2. Mr. Carroll reported bids were opened for Project #129 — Bristol Street Sewer Phase 2 on October 25, 20111. 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, Moire 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 up,size 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, Mr. Harriers graciously reduced his original proposal to provide administration/inspection 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. ZERO WASTE STRATEGIES Mr. Carroll reported the Board of Directors held a special meeting on November 2, 2011 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. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 Issues to be prioritized area Public Opinion Survey Formulate a Zero Waste Plan Anaerobic Digestive System Variable Rate Study Organics Program A Special meeting is scheduled for Wednesday, December 14, 2011 at 10:00 a.m. to formulate zero waste strategies. RECYCLING COMMITTEE The Recycling Committee meeting met on November 14, 2011. Director Fitzpatrick and Vice President Ferryman attended and gave a report on the meeting. IL Mr. Hamers reported on the bid opening and recommendation for award of the construction contract for Project #129. Staff recommendation is to award a contract to the lowest responsive and responsible bidder, Repipe-CA, Inc. in the amount of $299,700.00; to approve a 10% contingency budget of $29,970 and approve a $25,000 deposit to the City of Newport Beach to fund overtime inspection costs.. Bids were opened on October 25, 2011 and the low bidder was Repipe-CA, Inc, at $299,700. The Engineer's estimate was $386,500. Staff recommended awarding the bid to Repipe-CA, Inc, Mr. Hamers stated, upon completion of the project, the Orange County Development Agency (OCDA) 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 in the amount of $134,117, will be reallocated into the District's asset management fund. Vice President Ferryman moved to award contract for Project #129, Bristol Street, Phase 2 to Repipe-CA in the amount of $299,700.00, to approve a 10% contingency budget of $29,970 and approve a $25,000 deposit to the City of Newport Beach to fund overtime inspection costs. Director Perry seconded the motion. Motion carried 5-0. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 Mr. Hamers presented an oral report on the South Coast Drive Sewer. PROJECT #193 - SEISMIC STUDY AND RETROFIT FOR PUMPING STATIONS Mr. Hamers reported the District retained structural 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. IMr. Hamers provided a review and recommendation regarding these protection measures. The District's General Manager placed out for a 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. Director Perry moved to authorize the General Manager to implement Priority I (secure the above ground electrical enclosures), Priority 11 (provide back-up power), and Priority I I I (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 future. Vice President Ferryman seconded the motion. Motion carried 5-0. SEWER SYSTEM COMMITTEE President Ooten reported on the Sewer System Committee meeting held on November 8, 2011. An update on all CMSD projects was provided!. Mr. Davis had nothing to report. STANDING COMMITTEES Mr. Burns presented CMSD Resolution No. 2011-805, Establishing Standing Committees. Director Perry moved to adopt CMSD Resolution No. 2011-805, Establishing Standing Committees. Director Scheafer seconded the motion. Motion carried 5-0. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 2011 SCHOOL TELEPHONE BOOK RECYCLING PROGRAM Ms. Revak provided the Board with a report on the 2011 School Telephone Book Recycling Program. The 2011 program will run from November 14 through December 16, 2011 with eighteen public and private schools participating. LOCAL MEETINGS I- 14 1 ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman attended the OCSD meeting held on SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry reported on the Santa Ana River Flood Protection Agency held on Thursday, November 101, 2011 at 4:00 p.m. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) Vice President Ferryman moved to approve membership dues for 2012 in the amount of $200.00. Director Scheafer seconded the motion. Motion carried 5-0. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) Director Perry moved to approve membership dues for 2012 in the amount of $4,581.00. Director Ferryman seconded the motion. Motion carried 5-0. There was no old business discussed. INCOMPATIBILITY OF OFFICE BETWEEN COSTA MESA SANITARY DISTRICT AND MESA CONSOLIDATED WATER DISTRICT Director Perry referred to a confidential memo presented to the Board by District Counsel. Director Fitzpatrick stated the new business to discuss should be limited to the incompatibility of office between the Costa Mesa Sanitary District and Mesa Consolidated Water District, Discussion was held on the item as it relates to the Mesa Consolidated Water District. Director Perry requested an item be placed on the December regular meeting agenda titled, "Incompatibility of Office regarding the COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30,2011 City of Costa Mesa Planning Commission". Director Perry stated he feels it is incumbent upon the Board to receive District counsel advice on this subject, and he does not care what it costs. Another firm has provided information on this subject, President Ooten stated he has requested information from Mr. Burns on this subject as it relates to holding office on the CMSD and the City of Costa Mesa Planning Commission. Vice President Ferryman stated his opinion that the Board would be remiss in their duties as representing the Costa Mesa Sanitary District if they did not obtain professional advice on the subject. Vice President Ferryman stated that holding the two offices simultaneously is inconsistent. Director Fitzpatrick reported he, the District's President and the General Manager sat down and listened the specific request by Director Perry to discuss compatibility of office between the Costa Mesa Sanitary District and the Mesa Consolidated Water District and does that give the Board the opportunity to discuss anything they want or shouldn't the discussion be limited to the ag!endized item. Director Fitzpatrick expressed his opinion that the item is being discussed without prior notification on the agenda and believes there is no rush to judgment here, that this is going to take a very long time, a whole lot of money and he actually thinks we should be thinking about what we look like outside to the City we are about to do business with and this in-fighting that is occurring is a bigger issue, Director Perry stated he doesn't know what in-fighting he is talking about and what issue the City has with this. Director Fitzpatrick stated we are talking about a street sweeping proposal with the General Manager and will be putting out in the next week to do additional business with them. We are talking about expanding our services into multi-family, Director Scheafer asked what that has to do with the District — is the City going to look down on us because we are doing this? Director Fitzpatrick stated he thinks that it is a rush to put this on the agenda in two weeks, without a balanced look at alternatives, and if the rest of the Board wants to override him, he is expressing his concern. Director Ferryman asked Director Fitzpatrick if he has any concern about incompatibility and Director Fitzpatrick stated "no". Director Ferryman stated, I know you are lying because I know that subject came up" and Director Ferryman stated discussion was held on this matter in the last meeting. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 Director Fitzpatrick requested opinion from District Counsel what if any discussions occurred after this particular item can be discussed at this meeting. Mr. Burns stated to make a determination in the matter of Incompatibility of Office requires permission of the State Attorney General to file a quo warrento action which is then presented to the Superior Court. Director Fitzpatrick stated his objection to the matter of incompatibility of office as it relates to the Planning Commission. Director Scheafer stated he was concerned about the lack of decorum. He further stated if there is a "gray" area, it should be determined by the Board to clear the area up; and it is the prudent thing to do. Mr. Burns stated that, based on the Attorney General's reasoning, there is substantial likelihood that the office of the City of Costa Mesa Planning Commission and the Costa Mesa Sanitary District Board of Directors would be found incompatible by the Attorney General but that would only confer permission to file the quo warranto action. The ultimate decision would be made by a Superior Court judge. Mr. Burns stated he has provided opinion previously on "Incompatibility" and there was a request and a series of briefings set up with Directors to go over that issue and met with some Directors and others chose not to attend that meeting. Mr. Burns stated he learned a Board member went to a Conference and received an opinion on "incompatibility of office" from Meyers Nave. Director Perry stated again his request to place the item of "Incompatibility of Office between the City of Costa Mesa Planning Commission and Director of the Costa Mesa Sanitary District" as well as possible expenditures related to the topic on the December 15, 2011 agenda. Director Perry stated the Board needs to do this quickly as there is an election coming up. Mr. Burns stated that he has a proposal from Meyers Nave for pursuing a quo warranto action. Director Fitzpatrick motioned to receive and file the new business topic of "Incompatibility of Office between the Costa Mesa Sanitary District and Mesa ,Consolidated Water District." President Ooten seconded the motion, Motion carried 3-2. Director Fitzpatrick requested approval for funds to seek his own proposals on the topic of incompatibility of office. He stated this topic is an attack on him, personally. Director Scheafer stated he is looking for a decision on whether it is an issue, and if the Board should go forward; and it is not an attack against Director Fitzpatrick. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 President Ooten stated the proposal is to have a discussion of Alan Burns' December 30, 2010 memo on the December agenda, andl for the Board to be given an idea of cost of going forward with the topic of incompatibility of office, Mr. Burns stated if the Board decides to go forward with the topic, he would not be comfortable presenting the quo warranto action against one of the Board members. Director Fitzpatrick stated there is not sufficient time for him to get an opinion in the next two weeks and asked what action was expected from the Board and if only one legal opinion would be presented. Director Ferryman stated Director Fitzpatrick could pick out another attorney than Meyers Nave and have them send the Board an opinion. Mr. Burns asked Director Fitzpatrick what he was proposing. Director Fitzpatrick stated alternative opinions have been presented. Director Perry stated the question is whether a person can hold a City planning commissioner office and the role of a Director on the Costa Mesa Sanitary and not an attack on Director Fitzpatrick; and this is what the Board wants to resolve. Director Fitzpatrick stated the City has the same information and they are not spending money on it and reappointing me to a commission position over there. Director Fitzpatrick stated his opinion is that thus issue was never about a run for Mesa Consolidated. Director Fitzpatrick stated he was concerned hearing that time and money was being spent with Alan Burns on Director Fitzpatrick and hiring Meyers Nave for an opinion on Director Fitzpatrick's compatibility to hold offices for the City of Costa Mesa and the Costa Mesa Sanitary District. Director Scheafer stated in the election he was supported by residents who expect him to resolve a conflict and if there is a gray area Director Fitzpatrick should want the conflict resolved. Director Scheafer stated it was the prudent thing to do. Director Scheafer requested to place the item of "Incompatibility of Office between the City of Costa Mesa Planning Commission and Director of the Costa Mesa Sanitary District" as well as "possible expenditures related to the topic" on the December 15, 2011 agenda. Director Ferryman seconded the motion. Director Fitzpatrick abstained from the vote. Measure was approved 4-1. Director Fitzpatrick stated it is his opinion that it is a rush to judgment. Director Fitzpatrick stated that he renews his concern that bringing one option by one Director, the Board is depriving themselves of a fair and unbiased and in its entirety decision to not look at other alternatives, to only look at. Director Fitzpatrick stated the City does not see it as a problem. COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD NOVEMBER 30, 2011 Director Fitzpatrick stated, based on this matter, page 21 of Section 3.1 of the Operations Code warrants further review and requested it be placed on the January 2012 agenda for discussion. Director Perry moved to add to the December 15, 2011 regular agenda the item "Discuss Incompatibility of the City Planning Commission position and the Costa Mesa Sanitary District Director position and possible expenditure of funds to ascertain the answers to the questions regarding incompatibility and to include the Meyers Nave proposal for pursuing a quo warranto action." Director Fitzpatrick asked for additional time and that he feels it is a gray area and requires more time to explore the issue that he feels, he is being called into question, and feels he is convicted before he has an opportunity to defend himself. President Ooten stated a decision of the Board to expend money to further discuss this topic is part of the agenda item. Director Scheafer stated he is looking for a discussion on December 15, 2011 of the findings on this subject at which time it would be decided to go further with the matter and costs involved. President Ooten stated the item is for the Board to have a discussion of Attorney Burns December 30, 2010 memo and given an idea of the cost of proceeding with the matter, and determine whether to go forward with this matter. President Ooten requested the item "Discussion of General Manager's Evaluation" be placed on the next agenda. President Ooten will prepare an evaluation based on input from the other Directors. Mr. Carroll informed the Board and Staff that Friday, December 9, 2011 is Sherry Kallab's last day and a breakfast is being held on Thursday, December 8, from 9:00 to 11:00 a.m. at Mimi's Caf6 on Harbor Blvd. where she will be honored, and awards will be presented to Staff. U-1 013 [*111 N Z I President Oloten adjourned the meeting at 9:06 p.m. Secretary COSTA MESA SANITARY DISTRICT MINUTES OF SEWER SYSTEM COMMITTEE MEETING JANUARY 17, 2012 Meeting Date Item # 02123/12 VII. A.2. CALL TO ORDER Board members of the Costa Mesa Sanitary District met in Committee session on January 17, 2012 at 10:30 a.m. at 628 W. 19th Street, Costa Mesa. President Ooten called the meeting to order at 10:30 a.m. DIRECTORS PRESENT: Bob Ooten, Jim Ferryman, Jim Fitzpatrick, Art Perry, Mike Scheafer (Directors Perry, Scheafer, and Fitzpatrick attending as observers only and did not participate in discussions.) STAFF PRESENT: Scott Carroll, General Manager; Rob Hamers, District Engineer; Steve Cano, Sewer Maintenance Supervisor; Joan Revak, Clerk of the District OTHERS PRESENT: There were no sanitary sewer overflows (SSOs) to report. 1/1 Update GIS Map from EEC Mr. Hamers presented a report on the GIS map from EEC that shows all the plugged and sealed manholes in the District, Mr. Carroll distributed the map and Mr. Hamers stated Senior Inspector Joe Limon is walking the areas to insure the existing plugs and sealing are secure before plugging and sealing new manholes. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING JANUARY 17, 2012 PAGE 2 OCSD Yearly Letter Mr. Hamers presented the yearly letter from OCSD on Wet Weather Issues and OCSD Assistance. The letter states the need for OCSD to continue to minimize the potential for "Clearwater" from entering the sanitary sewer system during rain events. Clearwater is any surface flow, runoff or drainage that does not contain hazardous substances or sewage:, and reduces the capacity of sanitary sewers to transport wastewater. Minimizing the excess runoff from entering the collection system is important in order to comply with the statewide WDR Order for Sewers and its numerous requirements. 690 Hamilton Street, Costa Mesa — Private Sanitary Sewer Overflow 1212/11 Mr. Hamers presented a letter sent to Pacific City Apartments with regard to a sanitary sewer overflow (SSO) occurring on December 2, 2011 at 690 Hamilton Street. The sewer overflow occurred due to a blockage in the private sewer lateral serving the apartment complex and resulted in a release of wastewater onto the lawn and into the street where it flowed into a storm drain catch basin and towards the Pacific Ocean. The letter explained that the District may recover the cost of emergency response in responding to a sewer spill, The letter included an invoice for $561.78 for the District's activities in responding to the spill. The owner was informed of the District's Residential Sewer Lateral Financial Assistance Program that will fund 5,0% of the root removal and other related costs up to $1,800. Additionally, the letter included recommendations for maintenance of the private sewer to prevent future occurrences, CMSD Plumber's Seminar — Sewer Lateral Assistance Program Mr. Hamers reported a Plumber's Seminar on the Sewer Lateral and Cleanout Financial Assistance Program scheduled for January 18, 2012 and February 9, 2012 at District headquarters for a complete and detailed overview of the CMSD Residential Sewer Lateral Financial Assistance Program. The program was developed to assist and encourage residents to regularly clean, and maintain their sewer lateral. Sanitary Sewer Systems Waste Discharge Requirement (WDR) Triennial Review Mr. Hamers reported a Workshop is scheduled for January 24, 2012 and a Pre-Inspection Questionnaire was presented ,4*14 *3 11 ;IQ 1h K Eel & I =1 ZE-1 'ILI rig 0 151 4 XON & 14 ILI III II Mr. IHamers reported Segerstrom is trying to obtain sewer service to the Home Ranch area westerfy of Fairview Road and north of the 405 Freeway. There is a potential the 405 will be widened and impact the downstream sewer facilities serving the Home Ranch, OCSD desires to transfer the Fairview Road sewer to CMSD. The difference between this and the previous transfers is OCSD will not except out the portion under the 405 freeway. The matter is up for discussion within the Sewer System Committee. Segerstrom, is waiting to hear where they might sewer their Home Ranch area. OCSD is awaiting CMSD's response to transferring the whole line, Mr. Hamers has studied the line and stated if there was a break in the sewer under the 405, it would be a major emergency and the CMSD does not have funds to set aside for such a repair. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING JANUARY 17, 2012 PAGE 3 The Board is being requested to take a position on the transfer and the fact OCSD would transfer the portion under the freeway. The plans show the section, under the 405 is reinforced, however, no one can find the detail of how it is reinforced. Director Ferryman stated he does not see the CMSD exposing itself to the liability. Mr. Carroll suggested an agreement with OCSD that if there was a break under the freeway the costs be incurred by OCSD and CMSD at a 90110 or some other percentage. The CMSD does not have the resources to repair the line should that become necessary. It was determined to take the matter to the full Board for consideration. I Illlflnim I I Iii, 1, 11 111 1 . 0 , Mr. Hamers reported the CASC started out in the Tustini, area and this group is an arm of Orange County. They have a list of contractors and can mobilize, and have mobilized, to stop a big spill from polluting waters and making it to the ocean. In May 2010 they were requested to make this program Countywide. They have to study each area and there will be a new Memorandum of Understanding (MOU), If a spill occurred at a pumping station near the Back Bay, CASC would charge the District the emergency response costs. Even now, the District could utilize any of the contractors the County has assembled for this program, meaning environmental cleanup, restoration and similar activities. Mr. Carroll reported Staff, for several months, has been analyzing the feasibility of installing permanent bypass pumps or generators at critical District pump stations, located at Elden, 23rd Street, Irvine Avenue and Mendoza. The purpose of installing permanent equipment at these stations is to ensure minimal downtime and avoid SSOs in the event of a power outage. Staff is requesting direction on the type of permanent equipment to install at critical pump stations and recommends the Board of Directors consider approval. Project #1101 West Side Pumping Station Abandonment - Status Mr. Hamers reported a kickoff meeting for OCSD's consultant, Dudek, was held on 1/11/12. The Consultant has placed flow meters in CMSD lines to confirm flows. Project #129 Bristol Street Sewer Phase 11 - Status Mr. Hamers reported construction is scheduled to begin January 23, 2012. Project #171 Irvine Pumping Station Force Main - Status Mr. Harriers reported bid solicitation began on January 13, 2012 with bid opening date of February 14, 2012 at 10:00 a.m. Project #185 System Wide Sewer Reconstruction Phase I - Status Mr. Harriers reported construction is scheduled for completion in mid January 2012, with 94 mainline segments being rehabilitated. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING JANUARY 17, 2012 PAGE 4 Project #188 Conversion of Sewer Atlas to GIS - Status Mr. Harriers reported Staff is receiving training on GIS Atlas and CMMS work orders. Hydraulic modeling is set to begin. Project #190 Canyon Force Main Rehabilitation - Status Mr. Hamers reported District Staff and City Staff are discussing the traffic impact of the project, which may determine the type of sewer bypass operation. Project #192 System-Wide Sewer Reconstruction Phase 2 - Status Mr. Harriers reported the design phase is 30% complete. Project #193 Pumping Station Seismic Study and Retrofit - Status Mr. Harriers reported the design phase is 10% complete. An agreement with structural engineering consultant, Jerry Tucker & Associates, is fully executed to prepare construction drawings for anchoring electrical cabinets. Project #164 Tree Root Abatement Program - Status Mr. Hamers reported the contract is fully executed and pre-construction meeting will be scheduled in January with a start date soon thereafter, SSC MEETING SCHEDULE The next meeting is scheduled for February 14, 2012 at 10:30 a.m. There were no public comments. ADJOURNMENT The meeting was adjourned at 11:37 a.m. CHAIRMAN �Llk Lt—em Numbqr 2123112 VH-A,3 COSTA MESA SANITARY DISTRICT ifilNUTES OF RECYCLING COMMITTEE MEETING January 23, 2012 The Costa Mesa Sanitar District Recycling Committee met on January 23, 2012 at 10:30 a.m. at 628 W. 19 Street, Costa Mesa. Directors Present: Jim Fitzpatrick, Robert Ooten, Mike Scheafer Staff Present: Scott Carroll, AJ Cully, Joan Revak, Anna Sanchez, Isidro Gallardo Others Present- Dean Ruffridge, CR&R; Mike Carey, OCC Recycling Center; Walter Garcia, MIKA CDC; Alan Piercy, Enrecos; Pooja Jhob6d- Relham, Goodwill of Orange County Chairman Fitzpatrick called the meeting to order at 10:30 a.m. 1. Recycling Report — December 2011 Report accepted. III. Waste Diversion Report - December 201 aff== � Isidro Gallardo, CMSD Ordinance Enforcement Officer (OEO), reported there were no calls to District Headquarters reporting scavenging activity in December 2011. However, there were incidents he observed directly. No citations were given. There was no graffiti to report. Mr. Gallardo met with Costa Mesa Police Officer Julian Trevino to discuss and identify areas that are frequently targeted by scavengers. It was decided to first target the alleys off of Tustin Avenue and Santa Ana Avenue, Officer Trevino followed Mr. Gallardo as they patrolled several of the alleys in the area. Officer Trevino has committed himself at the present time, to assist the CMSD for two or three days a month for two to three hours a day Areas where scavenging was observed by the OEO were 150 Broadway and 3000 Filmore, both in the alley. 4-1rotecting our comnnrnity' ealth an the environment k)� praf,,iding sofiz fwastip 7VU111144 Cr1d.j'diV,,flov M-1i Costa Mesa Sanitary District Minutes of Recycling Committee Meeting January 23, 2011 Page 2 The Costa Mesa Police Department scavenging statistics were provided. There were 8 calls in the month of December. V. Events Calendar Director Fitzpatrick presented an Events Calendar providing a schedule for all CMSD-related events for the year. VI., Zero Waste Awards Zero Waste Awards were recommended for Davis Magnet School, Orange Coast College Recycling and Goodwill of Orange County. Davis Magnet School was nominated for its Learning Garden and EcoLab. The school has a Learning Garden; On-site Recycling and Composting program; Waste- Free Lunch day, promoting reuse and recycling; Up-cycling Collection and Redemption Program; Eco-workshops and presentations provided to the school community throughout the year and their overall school community commitment, Orange Coast College was nominated for its Education and Outreach efforts and being a titan of industry and thought- leading Recycling Center; the creation of green jobs; E-Waste solutions, and Investment in Technology such as their solar panels and bailer. Goodwill of Orange County was nominated for their Recycling and ReUse achievements for a century; creating green jobs and partnering with the Costa Mesa Sanitary District. Goodwill is an organization that is based on the triple bottom line of people, planet and profits and caring about the environment is part of the organization's mission and values that reflect this commitment. Goodwill helps make Orange, County greener and provides more green jobs, The awards will be presented at the February 2012 meeting. Director Scheafer recommended presenting the award to Davis Magnet School at a flag deck. Director Scheafer stated the Newport-Mesa Unified School District should be notified that Davis Magnet School will be a recipient of the award. Vill. Enrecos Mr. Alan Piercy of Enrecos gave a presentation on how to improve outreach to schools through vermicomposting. our communit N hew[ Ai an t he enviranxient �y.PJV-mZ'77qq sohdwaste, a scroices, ,anvev, irmsdiraga-cr) (;6) Costa Mesa Sanitary District Minutes of Recycling Committee Meeting January 23, 2011 Page 3 Enrecos is a non-profit organization that works with municipalities, schools and commercial accounts on processing and managing organics. The organization started as worm farmers, EC Solutions offers various educational programs and solutions. They provide municipalities and schools with educational presentations. and build and design their own bins. They provide total services including workshops to the City of Huntington Beach and Shipley Nature Center. The organization has hosted a bin at the Orange County Fair for the past 4-5 years. The Committee directed Staff to work with Enrecos on providing vermicomposting bins with schools and to schedule vermicomposting workshops. Kill 1111111110 1111"7:11!1111 Ill w « -!ff M, An update on illegal dumping was provided. Ms. Cully reported on a meeting that took place with the City of Costa Mesa on the subject. There is a lot of illegal dumping taking Iplace in the City. The City expressed their pleasure at the District no longer holding the summer large item collection. City-Permitted haulers have agreed to provide two large item pickups per year and they will be coming up with an action plan to initiate the program, liillillilill III : r Ms. Cully reported on the junk mail program with Catalog Choice. When the program began there were 618 households in Costa Mesa signed up for the program and since the District rolled out the program in November, there have beenl 69 new signups. Director Fitzpatrick suggested contacting the Daily Pilot to request publication of information with regard to this program. X. CalRecycle Mr. Carroll provided a report on CalRecycle, the state's leading authority on recycling, waste reduction and product reuse. CalRecycle originated when the California Integrated Waste Management Board (CIWMD) was formed in 1989. The organization is responsible for insuring compliance with AB 939. Their vision is to inspire and challenge Californians to achieve the highest waste reduction, recycling and reuse goals in the nation.. In 2005, Governor Schwarzenegger eliminated CIWMB and all the duties and responsibilities were transferred to CalRecycle. Today, there are 706 staff members in CalRecycle. XL CMSD Facts and Figures Mr. Carroll provided a memo with solid waste facts and figures Prot thrr��] Ou?" ('0111711-unitys heafth aruf the envinonnient I p-,ovi((injj solid'wasta andsewer cull ctian services, U1114"(4). c?pUdca,got) XII. Committee Name Change Costa Mesa Sanitary District Minutes of Recycling Committee Meeting January 23, 2011 Page 4 Discussion was held on changing the name of the Recycling Committee to Zero Waste Committee, and the consensus was to continue with Recycling Committee and to consider renaming the Committee after the Zero Waste Plan, has been accepted by the IBoard. XIII. Reschedule February Recycling Committee Meeting As the regularly scheduled date for the February 2012 Recycling Committee falls on a holiday, it was agreed to hold the meeting on Tuesday, February 21, 2012 , at 10:30 a. m. XIV. Articles of Interest An article on "The No Trash Family was provided. The family has cut down their garbage output so that they now produce only enough in a year to fill a 1 -liter mason jar. The average American leaves behind 1,051 ibs. annually. The family reuses, recycles or composts their "trash". Another article titled "North County Trash is Well-traveled" was presented. Committee Chairman Fitzpatrick adjourned the meeting at 12:23, p.m. Next Meeting Date — Tuesday, February 21, 2012 at 10:30 a.m. Chairman Trotecting, ou,rcontmunity's lrieal'ifi anefthe 6MUffiMment UPWW. r1JTJ,&w,,qov PLEDGE OF President eaten led the Pledge of ALLEGIANCE Allegiance. INVOCATION Director Scheafer led the Invocation, ROLL CALL DIRECTORS PRESENT: Robert Ooten, James Ferryman, Mike Scheafer, Jim Fitzpatrick DIRECTORS ABSENT: 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; Marc Davis, Treasurer; Teresa Gonzalez, Accounting Manager ANNOUNCEMENT OF LATE COMMUNICATIONS P. ;W4011111111111 I I , �jl.' �41 COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD ,JANUARY 26, 2012 •. _ ►b= REPORTS MINUTE APPROVAL Minutes of Sewer System Committee The Minutes of the Sewer System Committee Meeting — December 6, 2011 Meeting of December 6, 2011 were approved as distributed'. Minutes of Recycling Committee Meeting — December 12, 2011 Minutes of Regular Board Meeting — November 30, 201' 1 Minutes of Regular Board Meeting — December 15, 2011 ENGINEER'S REPORTS ' • '•� • EMS 6 • Occupancy Report and Payment of $197,179.85 to Costa Mesa Disposal — December 2011 Contract Payment of $157,225.53 to CR Transfer — December 2011 The Minutes of the Recycling Committee Meeting of December 12, 2011 were approved as distributed. President Ooten motioned to continue Approval of the Regular November 30, 2011 Meeting Minutes to the February 2012 Regular Board of Directors meeting. Vice President Ferryman seconded the motion. Motion carried 5 -0. The Minutes of the Regular December 15, 2011 Board Meeting were approved as distributed. There were no refund requests for the month of December 2011. The Trash Occupancy Count documented an increase of one unit for the occupancy report for solid waste collection as of January 1, 2012. Therefore, the total for January is 21,537 and the payment of $107,170.85 was ratified. The contract payment of $157,225.53 to CR Transfer for recycling services and disposal for the month of December 2011 was ratified as submitted. Contract Payment of $8,162.50 The contract payment of $8,162.50 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal for Heights /Newport Beach — December Santa Ana.. Heights /Newport Beach for the 2011 month of December 2011 was ratified as submitted. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 26, 2012 Warrant Register for the month of December 2011 in the amount of $662,774.95. Directors Compensation & Reimbursement of Expenses for the month of December 2011. Warrant Resolution #CMSD 2012-7 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 $662,774.95. Director Compensation and Expense Reimbursements for the month of December 2011 were approved and ratified as follows., President Ooten: $1,105.00 Vice President Ferryman: $1,326.00 Director Scheafer: $1,326.00 + $6.66 Director Perry: $1,326.00 Director Fitzpatrick: $1,326.00 Annual Report of Expenses — Fiscal Year The Annual Report of Expenses for Fiscal Year 2010-11 2010-11 was approved as submitted. Investment Report for the month of The Investment Report for the month of December 2011. December 2011 was approved as submitted. END OF CONSENT CALENDAR Director Fitzpatrick n moved for approval of the Consent Calendar, pulling Item VI. A. 3. A. for. consideration at the February 23, 2012 meeting. Director Ferryman seconded the motion. Motion carried 4-0. Pull item VI.A.3,a, M, T 0 1116 111 Xk! KOO]' &II &111 7 IN I 141-i %-11*1 I'Ll I Ms. Revak presented a written communication item of a resident thank you card for the District's newsletter; FILL IN I roxi-q �*" �W President Ooten invited public comments. There were no public comments. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 26, 2012 Mr. Carroll reported on information on "On-Line" Board meetings and presented four options, including information from a company called "Granicus". The program can import agendas and index video recordings on websites to reach a broader audience and help keep the public informed on important policy decisions. Granicus initial cost to the District is $14,625 with a monthly cost of approximately $1,230. Equipment costs such as a camera, microphones, cables and internet enhancements are estimated at $2,500. Another option is to hire a technology integration company to provide broadcasting and video retrieval of Board meetings. Mr. Carroll reported on a proposal for such services from Digital Networks Group. A third option is to hire a post-production company that can bring in their own equipment to video tape Board meetings, encode it for web streaming and send the recording to Staff to integrate into the District's website or Staff can prepare it for YouTube that is linked on the CMSD website. The cost for this option is $1,245 per meeting. This option is less costly and does not require the purchase of equipment; however, it would require Staff time to integrate videos into the website or to a YouTube account and viewers would have to open two windows, for the video and for the agenda. The agenda would not be bookmarked so viewers would not be able to click on the specific agenda hie/she wants to view. The fourth option is to piggy back on the City of Costa Mesa's Granicus account where the District would send Board meeting videos to the City and then they would upload the video onto the District's website. The District would have to purchase the equipment at an estimated cost of $2,500 and the agenda items would not be bookmarked. Production estimates were provided from Monitor Video, as well. Four options were presented for the Board's consideration. Discussion was held on the options available for on-line Board meetings. Director Scheafer moved to bring the item back at the February 23, 2011 meeting with more specifics on the fourth option and when Director Perry will be present so that he can be included in the decision making. Ms. Gonzalez, Accounting Manager, provided a Mid-Year Budget Report to the Board. Overall, the solid and liquid waste funds are projected to have a surplus by the end of the fiscal year. The Solid Waste Fund is projected to have a surplus balance of $4,439 and the Liquid Waste Fund is projected to have a surplus balance of $177,117. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 26, 2012 STRATEGIC PLAN PROGRESS REPORT — 2011-12 SECOND QUARTER Mr. Carroll presented a Strategic Plan Progress Report for the second quarter of 2011-12. The Report identifies the strategic elements and goals identified in the Strategic Plan and provides a quarterly progress report. Mr. Carroll stated the quarterly report is also helpful in determining the progress being made to achieving CMSD's mission, vision and core values. STRATEGIC PLAN SPECIAL BOARD MEETING The date of Wednesday, February 15, 2012 at 9:00 was set for the Strategic Plan Special Board meeting. LEGISLATIVE DAYS - MAY 16-17 2012 Mr. Carroll reported Legislative Days will be held in Sacramento on May 16-17, 2012. Discussion was held on Board/Staff attendance and consideration will be given at a later date. WORKSHOP AT MIDWAY CITY SANITARY DISTRICT Ms. Revak reported on the proposed workshop at Midway City Sanitary District with three dates proposed for the lunch meeting — February 8, 14 or 22, 2012. The preferred date for Midway City is Tuesday, February 14, 2012. Dates acceptable for CMSD Directors are February 29, March 7 or March 21. Ms. Revak will contact Midway City and propose the dates selected for the lunch meeting. RECYCLING COMMITTEE The Recycling Committee meeting met on January 23, 2012. Director Fitzpatrick, Chairman of the Committee, gave a report on the meeting. l;VM 111:414 Z44:1 4291 :4 ip Mr. Hamers presented the Project Status Report, providing an update on all CMSD projects. President Ooten reported on the Sewer System Committee meeting held on January 17, 2012. Director Fitzpatrick complimented Mr. Hamers and Staff on the Plumber's Seminar. Another Seminar will be held on February 9, 2012. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 26, 2012 There were no reports from the Treasurer. CMSD ORDINANCE No. 88, AMENDING THE OPERATIONS CODE To DELETE THE REQUIREMENT OF OVERSIGHT COMMITTEE REVIEW OF THE DISTRICT's INVESTMENT POLICY Recently, the Board of Directors updated its Standing Committees and as part of that process, it was determined the Investment Oversight Committee was unnecessary as each Board member reviews the investment on a quarterly basis and reviews the Investment Policy on an annual basis Mr. Burns presented CMSD Ordinance No. 88, amending the Operations Code to delete the requirement of Oversight Committee Review of the District's Investment Policy. Director Ooten moved to adopt CMSD Ordinance No. 88. Director Scheafer seconded the motion. Motion carried 4-0. ft-WZ9TZW CMSD Resolution No. 2012-807,Orderinci that Publication of Ordinance No. 87 pertaining to trash regulations has occurred. CMSD RESOLUTION No. 2012-807, ORDERING THAT PUBLICATION OF ORDINANCE No. 87 PERTAINING To TRASH REGULATIONS HAS OCCURRED Ms. Revak presented CMSD Resolution No. 2012-807, Ordering that Publication of Ordinance No. 87 pertaining to trash regulations has occurred. Director Scheafer moved to adopt CMSD Resolution No. 2012-807. Director Ferryman seconded the motion. Motion carried 4-0, CIVISD RESOLUTION No. 2012-808, DESIGNATING CERTAIN PERSONS To AUTHORIZE THE AUDITOR-CONTROLLER FOR THE COUNTY OF ORANGE TO MAKE ADDITIONS, DELETIONS AND CORRECTIONS TO CHARGES BEING COLLECTED ON THE COUNTY TAX ROLL AND GIVING REASONS THEREFOR Ms. Revak presented CMSD Resolution No. 2012-808, designating certain persons to authorize the Auditor-Controller for the County of Orange to make additions, deletions and corrections to Charges being collected on the County Tax Roll and giving reasons therefor. Director Scheafer moved to adopt CMSD Resolution No. 2012-807. Director Ferryman seconded the motion. Motion carried 4-0 COSTA (MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE (BOARD OF DIRECTORS REGULAR MEETING FIELD .JANUARY 26, 2012 Ms. Revak presented the final report on the 2011 School Telephone Book Recycling Program and recommended the Board approve awards to the schools in the amount of $5,100. The same guidelines of the 2010 program were adhered to in the 2011 program. Kline School collected books totaling 116.04 lbs. per student were selected. A grand prize in the amount of $400.00 was recommended with an Exceptional Effort Award in the amount of $800. Additionally, Ms. Revak reported AT &T is increasing their participation in the program from $1,600 to $2,2001year. Ms. (Revak will coordinate dates for the Board of Directors to present checks to the schools. LOCAL MEETINGS GRANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman attended an OCSD Committee meeting and reported most of the meeting was discussion of the District's retirement program. SANTA ANA RIVER FLOOD PROTECTION (AGENCY SARFPA Director Ferryman reported a meeting of the Santa Ana River Flood Protection Agency was held at 4:00 p.m. this afternoon, and provided the Board packet for perusal by the Board of Directors. • i . « . #* President Ooten reported on an earlier ISDOC meeting and one of the most significant items to report on is "shared" services of Districts with benefits to each other. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION' Director Scheafer, Committee member of the California Special Districts Association Membership & Recruitment Committee reported on the January 6, 2012 meeting held in Sacramento. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING �(HELD JANUARY 26, 2012 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) Four of the Directors attended the CASA Conference in the Desert January 18-20, 2012 and reports were provided. There was no old business. NEW BUSINESS There was no new business. The meeting adjourned to Closed Session at 7:12 p.m. to provide instructions to President Ooten regarding negotiations for the General Manager pursuant to Government Code Section 54957.6 for the General Manager. The Board reconvened to open session at 7:30 p.m. and reported it had given President Ooten authority to negotiate. President Ooten adjourned the meeting at 7:35 p.m. Secretary Board of" Directors Robert Ooten .1amesFerrymain Mike Scheql r James Fitzpatrick Arthur Perq Staff Scoll C. Carroll General Manager Joan Revak Oj 'fice monager Clerk qf'the District Robin B'. Hamers District Engineer (949) 631-1731 Alan R. Burns Legal Counsel Marcus D. Da vis Treasurer Phone (949) 645-8400 Fax (949) 650-2253 Address 628 W. 191h Street Costa,Wa,iw, CA 92627-2'716 4V va'Oprinh'd on RecYcled Paper Board of Directors Costa Mesa Sanit 628 W. 19" Street Costa Mesa, CA 92627-2716 Dear Board of Directors: There are 3 increases for the occupancy report for solid waste collection as of February 1, 2012; therefore, the total occupancy count for February 1, 2012 is 21,540. Staff recommends the following: 1. The Board of Directors accepts the occupancy count as presented using 21,540 as the correct number of units. 2. The Board of Directors directs staff to prepare a warrant to Costa Mesa Disposal for January collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement. Said payment in the amount of $197,207.32 to be ratified in the March 2012 warrant list. Sincerely, Janel Jackson Permit Technician cc: Costa Mesa Disposal GMSD Permit Processing Department Protecting our cc plus �)ealtb an the envi-runment by prcrvibiq sotib mste anb san)ey coiffection services. www.cmsbca.gov „ � ; 'Meetini ate Item , 5f� fr�4* r4 ,i c�r+.��� ^� +JIt-714 i V'I Vx 'vdi :7V40V'171 Gu1.. INCORPORA TEV t,. TERMS: NET 10 DAYS oAllNIVINIIANW5300190745 -.... TO PAY I y CREDIT .., LARD, PLEASE FII.L d: \ INFORw-, ION ON HACK OF REMITTANCE INVOICE 4: INVOICE DATE: 19074 2/01/12 BILL O-. COSTA MESA SA.NI DIST AREA 9 COSTA MESA SANI DIST AREA 9 P.O. BOX 1200 528 W 19TH ST COSTA MESA CA 92627 COSTA MESA CA 92627 09- CUSTOMER 2 9 PREVIOUS AMOUNT CLUE PAYMENTS CURRENT CHARGES 'TOTAL DUE F § 5 F �16 , 5.53 162,082.01157 630.23 1�5 983.75 143 r Please detach here= and return with your payment CHECK # e N TRANSFER,-1N' .» ---- -_ - - - - - - - _ - - - - - - - - - - - - - - - - - - - - -- - - - - - - - 1/02/12 RESIDENTIAL WASTE 16 185.90 52.220 9,707.70 1/03/12 RESIDENTIAL WASTE 13 137.95 52 .220 7, 203 .75 1/'04/12 RESIDENTIAL WASTE 15 146.65 52,220 7,658.06 1/05/12 RESIDENTIAL WASTE 1.6 150.15 52.220 8,363.56 1/05/12 RESIDENTIAL WASTE 12 123.55 52,220 6,451.78 1/07/12 RESIDENTIAL WASTE 3 26,35 52,220 1,376.00 1/09/12 RESIDENTIAL WASTE 16 176.23 52,220 9,202.73 1/10/12 RESIDENTIAL WASTE 15 152.10 52.220 7,942.66 1/11/12 RESIDENTIAL WAS'T'E 13 124.33 52.220 6,492.51 1/12/12 RESIDENTIAL WASTE 14 142.40 52.220 7,435.13 1/13/12 RESIDENTIAL WASTE 13 1.26.55 52.220 6,608.44 1/16/12 RESIDENTIAL WASTE 16 152.32 52.220 7,954,15 1/17/12 RESIDENTIAL WASTE 13 120.99 52.220 6,318.10 1/18/12 RESIDENTIAL WASTE 16 132,06 52.220 6,896.17 1/18/12 RESIDENTIAL WASTE 16 132.06 52.220 6,896.17 1/18/12 CREDIT DUPLICATE BILLING 132.06 6,896.17- 1_/19/12 RESIDENTIAL WASTE 14 131.03 52.220 6,842.39 1/19/1_2 RESIDENTIAL WASTE 14 131.03 52.220 6,842.39 1/19/12 CREDIT DUPLICATE BILLING 131.03 6,842,39- 1/20/12 RESIDENTIAL WASTE 11 104.20 52.220 5,441.32 1/21/12 RESIDENTIAL WASTE 2 16.78 52.220 876.25 1/23/12 RESIDENTIAL WASTE 15 149.26 52.220 7,794.36 1/24/12 RESIDENTIAL WASTE 15 132.26 52.220 6,906.62 1/25/12 RESIDENTIAL WASTE 11 100,80 52.220 5,263.78 1/26/12 RESIDENTIAL WASTE 15 137,47 52.220 7,178.68 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL ( 714) 826-9049 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHAnGFS TOTAL, DUE INVOICE TOTAL w - Cant . ) CUSTOMER: INVOICE # 1 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE I'rzn1,,d oa d <vi Md Pq,, I 5300190745 (Cont.) BILLTO: COSTA MESA SANT LIST AREA 9 628 W 19TH ST COSTA MESA CA 92627 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE MAIL PAYMENTS TO: I F7 ___ 187, 630.23 156,983.75 161,435.5 L L16 L2, 082 . 0 1. Lf I CR TRANSFER INC - _ I Please detach here and return with your payment R 0, BOX "126 -------------------- --------------------- ------------------- CR TRANSFER, INC. STANTON, CA 90680-0125 TERMS: NET 10 DAYS PAY BY CFA �, F 0� A obTo *9�m"o-ft" CARD, PLFASE'FU ; RESIDENTIAL WASTE W INFORMATION ON JACK 114.72 OF REMMANCE INVOICE 4: INVOICE DATE-. 19074 2/01/12 COSTA MESA SANT DIST AREA 9 P.O. BOX 1200 COSTA MESA CA 92627 1/31/12 09- CUSTOMET PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE I F7 ___ 187, 630.23 156,983.75 161,435.5 L L16 L2, 082 . 0 1. Lf I - _ I Please detach here and return with your payment CHECK f, -------------------- --------------------- ------------------- CR TRANSFER, INC. 1117 1/27/12 RESIDENTIAL WASTE 12 114.72 52.220 5,990.68 '99C).68 1/30/12 RESIDENTIAL WASTE 16 163.51 52.220 8'538.4 8,538.49 1/31/12 RESIDENTIAL WASTE 15 146.26 52.220 7,637.70 TOTALS 347 3103.83 162,082.01 (714) 826-9049 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL PREVIOUS AMOUNT DUE PAYMENTS- CURRENT CHARGES _TOTAL DUE CUSTOMER #:0 .O BOX 9 1200 2 INVOICE 4 19074 P. OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE INVOICE TOTAL A&WMENEW INCOR J11019111IM95700190750 INVOICE BILLTO: COSTA MESA SAKI DIST-SA HGT 628 W 19TH ST COSTA MESA CA 92627 MAIL PAYMENTSTO, CR TRANSFER INC P. O. BOX 125 STANTON, CA 90680-0125 TERMS: NET 10 DAYS CcTO PAY BY CRVOIT CARD. PLEASE FILL ZZ: IN INFMMATION ON BACK OF REMITTANCE INVOICE ft: INVOICE DATE: 19075 2/01/12 COSTA MESA SANI DIST-SA HGT P.O. BOX 1200 COSTA MESA CA 92627 09 CUSTOM 1 IR #� i - B PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE -- 8,162.50 8,162.50 8,469.57 8,469.57 i - — — — — - - — — — — — — — — — — — -- Please t, ch here and raturn with your payment — — — — - — — — — — — — — — — — — CHECK # ' 'R TP-hNSFER, INC. — — — — — — — — — — — — — — — — - — — — — — I 'i IN 1 , m- .11M 10103 • 1/04/12 RESIDENTIAL WASTE 4 4 43.88 52.220 2,291.41 1/11/12 RESIDENTIAL WASTE 4 44.48 52-220 2,322.75 1/18/12 RESIDENTIAL WASTE 4 37.35 52.220 1,950.42 1/18/12 RESIDENTIAL WASTE 4 37.35 52.220 1,950.42 1/18/12 CREDIT DUPLICATE BILLING 37-35 1,950.42: - 1/25/12 RESIDENTIAL WASTE 4 36.48 52.220 1,904.99 TOTAL E 20 162,19 8,469.57 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL (714) 826-9049 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE INVOICE TOTAL CUSTOMER #: 09- 11 8 INVOICE # 19075 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO A NANCE CHARGE Meeting ate Itern 02,2311'2 VII. 7 COSTA MESA SANITARY DISTRICT Warrant Resolution No. CMSD 20,12.8 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. TAE 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 $957,395.20 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 23rd day of February 2012. 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 -8 was duly adopted by the Costa Mesa Sanitary District at a regular meeting held on the 23rd day of February 2012. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 23rd day of February 2012. Clerk of the Costa Mesa Sanitary District 0 E m z u �o O Ca O co et• I 00 C- IC �o 4o I �c `,o I 'wo "D O 00 V �o O.. h acs o O€ ao as 0, N 17� o O to m cv `r, V'1 vs W " pr•, m 1r ars 4r Cn N " i'" It, M �• It W") C) Cn r) m D O CV 00 N N r- w. SC' tr'l 'O V' - 'c1' t- M CN C) It' W) ''.o ".o m lii '`•o N O W') r-- O .-� [� C7 " t a•0 .-, O U 7 7 Ch ct 'et •-+ N C•- (N r+) V5 ca I CM m I dF w-. I .-.. —. cam, I Vi It vstncn�v�rr. W�W�6�o_1WL�Li U U t0i U t) .L .} .> .y N 61 d? 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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 January 2012. 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 January 31, 2012. 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 February 23, 2012 Page 2 of 3 The weighted average stated rate of return (current yield) for the District's investment portfolio as of January 31, 2012, was 1.142%. The yield, to maturity of the portfolio was 1.166%. The District's weighted average interest rate was 76 basis points (0.764%) above the daily effective yield of LAIF, which was 0.378% as of January 31, 2012. The weighted average number of days to maturity for the District's total portfolio was 11,1111 days (3.04 years). The average duration of the underlying securities in LAIF as of January 31, 2012, which is the most current information available, was 245 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 January 31, 2012 was 31-16%. As of January 31, 2012, 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 January 31, 2012, the portfolio has earned a weighted average interest rate of 1.191%. 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 February 23, 2012 Paae 3 of 3 Copies of this report are on file and will be included with the entire agenda packet for the February 23, 2012 Board of Directors regular meeting at District Headquarters (628 W. 1 91h Street) and on the District's webs,ite at www.cmsdca.gov. Alternative Actions 1. Refer the matter back to staff Attachments Treasurer's Report of Pooled Cash and Investments as of January 31, 2012 9 COSTA MESA SANITARY DISTRICT Treasurer's Report of Pooled Cash and Investments January 31, 2012 Costa Mesa Sanitary District Pooled Cash and Investments by Fund January 31, 2012 CMSD Solid Waste Activities CMSD Liquid Waste Activities Sewer Construction Fund Facilities Revolving Fund Asset Replacement Fund Asset Management Fund Total Pooled Cash & Investments Marcus D. Davis Treasurer/Director of Finance 11 2/23/12 Date $ 5,584,168.54 6,1416,121.42 100,000"00 393,910.27 254,331' .70 4,993,038.45 $ 17,471,570.38 Deposits Outstanding Bank Balance In Transits Checks Book Balance Active Accounts: Bank of America $ 248,944.18 207,15431 $ 41,789,47 Total Active Accounts 248,944.18 207,15431 41,789.47 Market Adiustment Market Value Increase Decrease Cost Investments: Local Agency Investment Fund $ 5,429,255.57 - $ 5,429,255.57 Money Market/Sweep Account 2,075.34 - - 2,075.34 Federal Agency Securities 12,051,210.00 - 52,760.00 11,998,450.00 Total Investments 17,482,540.91 - 52,760.00 17,429,780.91 Total Pooled Cash & Investments $ 17,731,485.09 $ - $ 259,914.71 $ 17,471,570.38 Costa Mesa Sanitary District Pooled Cash and Investments by Fund January 31, 2012 CMSD Solid Waste Activities CMSD Liquid Waste Activities Sewer Construction Fund Facilities Revolving Fund Asset Replacement Fund Asset Management Fund Total Pooled Cash & Investments Marcus D. Davis Treasurer/Director of Finance 11 2/23/12 Date $ 5,584,168.54 6,1416,121.42 100,000"00 393,910.27 254,331' .70 4,993,038.45 $ 17,471,570.38 COSTA MESA SANITARY DISTRICT Investment Activity Summary January 31, 2012 Total investments outstanding as of December 31, 2011 Additions: Gain on sale of investment Investment purchases Deductions: Investment maturity/sale proceeds Loss on sale of investment Investments called Net increase (decrease) in Sweep Account Net increase (decrease) in WAIF Total investments outstanding as of January 31, 2012 0 fll•lffl• 2... � 11 N��* $ 17,429,780.91 RRL CA E E 0 ,t Ce) 00 Cr) Co CO CO 0 C\J dt Cl) M CV 't CO 00 T T CO CO 0 r- IrJ, 0) U) 4 o6 o6 c,5 pi o6 (6 6 6 4 ai vi V co M 1--p <D 0 — r- LO co co d m w tl-� Cn cl! 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Obi LL 'A LL 1 0 e� 0 Lt LL -.- la, C> q C� 9 Meeting, Date item# 02123/12 VL B 10 Date: February 2, 2012 This memo is to request a transfer of funds for Professional Services of Gladwell Services from Capital Outlay to Professional Services as follows: Account Account Number Increase Decrease Professional Services 10-100000-4200 $ 500 Professional Services 20-200000-4200 $4,500 Capital Outlay 10-1000010-47916 $ 50:0 Capital Outlay 20-200000-4795 $4,500 hewdih (3y pro,viVi?Vj servt(,,-e,S OlUdcagav To: Teresa Gonzalez, Accounting Manager From: Scott Carroll, General Manager Date: February 9, 2012 Subject: Budget Transfer for EOC Equipment & Suppllies This memo is to request a transfer of funds to separate the remaining funds available for EOC equipment and supplies from the capital outlay account. The proper accounting of funds is necessary in order to facilitate reimbursement from FEMA whenever required. Please transfer the funds as follows: Account Account Number Sewer - EOC Eqpt. & Supplies 20-200000-4430 Sewer - Capital Outlay 20-200000-4795 C- Increase Decrease $13,000 (Protecting our community; heafth and the environment 6y providing solid waste and sewer collection services. uww.cmsdca,gov k f.1 Zen, ro I lZU r. From. Scott Carroll, General Manager5,-,-,:;2_1"'* ,000 Date: February 23, 2012 Subject: Permanent By-Pass Pumps vs. Permanent Generators For several months, staff has been analyzing the feasibility of installing permanent by- pass pumps or generators at District critical pump stations, which are located at Elden, 23rd Street, Irvine Avenue, and Mendoza. The purpose of installing permanent equipment at these stations is to ensure minimal downtime and avoid SSOs in the event of a power outage. On January 17, 2012, this report was presented to the Board's Sewer System Committee in which the committee directed staff to report back on the projected costs for implementing a second phase to install permanent equipment at CMSD pump stations. The costs for implementing a second phase are described in this report. That the Board of Directors approves the following: 1. Phase One for installing permanent emergency equipment at CMSD's critical pump stations; and 2. Appropriate $60,000 from the Asset Management Fund to begin the design phase; and 3. Direct staff to budget appropriately in the FY 2012-13 Budget for the implementation of Phase One. In light of recent events that included the massive power outage in San Diego County and the extraordinary wind storm in San Gabriel Valley, the District is vulnerable to experiencing more than one pumping station losing power simultaneously. In fact, this occurred on December 1't when Iowa, California and Gisler alll lost power at the same (D'otecting our community s fieaftfi andtfie eirvii-onment Gypraviding soUdwaste and sewer cof2ection services,, www cmsdca.gav Board of Directors February 23, 2012 Paqe 2 of 5 moment due to the wind storm. Fortunately, the power was restored within forty-five minutes, but it was a lesson learned on how vulnerable we are to power outages. The District recently completed a feasibility study to identify space configuration and local agency regulations and requirements for installing permanent emergency generators at several critical pump stations. The consultant that conducted the study, Pacific Data Electric (PDE), contacted representatives from the Cities of Costa Mesa and Newport Beach as well as from the County of Orange, Southern California Edison and South Coast Air Quality Management District to determine their requirements for installing such equipment. The good news is that all the agencies understand the purpose of our project and are willing to cooperate and assist us in achieving our objective. The cities prefer the generators to be installed in an underground vault, but they understand the generators will be used only for emergency purposes and testing periods. They also have concerns with aesthetics and how the generators will look in public view. I do not recommend constructing an underground vault because they are extremely expensive, time consuming to construct and they are very disruptive to the public, especially when you consider the close proximity our pump stations are located to homes. The consultant was able to determine in their study that there is ample room to install permanent above ground generators at Elden, 23r Mendoza and Irvine pump stations. A drop over aluminum sound attenuated enclosure would most like be required by the cities to mitigate noise from the generators. Some minor landscaping nearby may be required by the cities as well. During the generator study, staff learned of another solution to keeping our pump stations operational during power outages. Installing permanent by-pass pumps will not only provide the alternative power source, but it will also provide the necessary operations of pumping the sewage upward through our pressurized pipe system. The benefit to permanent by-pass pumps is that the station will still be in operational if the electrical panels malfunction, in which case, the permanent generators will be useless and inoperable. Another benefit to the permanent by-pass pumps is that it will allow staff to easily perform maintenance and repair work of the wet well because there will be no temporary hoses in the wet well nor will staff have to transport and connect the portable by-pass pump. A block wall enclosure will need to be constructed to mitigate noise from the by-pass pumps when operating and it will improve the aesthetics. The maintenance staff does prefer installing the permanent by-pass pumps over the permanent generators. Based on the findings above, staff is recommending the following for Phase One: Elden By-pass pump 23rd By-pass pump Mendoza By-pass pump Victoria By-pass pump Irvine Generator Canyon Generator Board of Directors February 23, 2012 Pacie 3 of 5 The cost for phase one is estimated at $987',344, which includes costs for procurement of equipment, installation, enclosure and landscaping, designs, contract administration, inspection, 10% contingencies, and permits. The selected pump stations above for Phase One is based on several criteria, such as: Size or inflow; Close proximity to water ways such as the Back Bay, Santa Ana River and/or storm drains; Available space Short downtime span For Phase Two, which would be budgeted in the FY 2013-14 Budget, the following pump stations are recommended for permanent generators. Gisler Harbor (Wilson) Santa Ana Generators were selected for these pump stations because there is not enough room to place a permanent by-pass pump. Though not on the list, 21st Street Pump Station would receive the generator from Canyon Pump Station after its abandonment, which is scheduled in 2017. The cost for Phase Two is estimated at $446,161. If you direct staff to proceed on either the by-pass pumps or the generators, then the next step is to do the following: 1 Design drawings, plot map and cost/benefit analysis of above ground vs. below ground installation, which will be presented to the Cities of Costa Mesa and Newport Beach. 2. Define outline of clearances required for installation and servicing. Complete sound output level testing. 3. Complete sound attenuation to meet city noise regulations, 4. Complete architectural renderings of screened containment solution, with landscaping. 5. Filing of Easement documentation for the Canyon location. 6. Submit application for permit to construct with AQMD. This item supports achieving the objective of Strategic Element No. 1.0, which states: "Our objective is to collect and transport wastewater to meet the needs of existing and future customers." Board of Directors February 23, 2012 Page 4, of 5 Legal Review 101M=6 a 111,o - Financial Review Staff estimates it will cost $60,000 to complete One. Funding for the five tasks will need Management Fund and will require the following Account Sewer Fund Proj. #196 — Pump Station Emergency Eqpt. Transfer In IW Ut PUTs it Asset Management Fund Transfer Out 50-500000-4995 the six tasks above to begin Phase to be transferred from the Asset budget adjustment: Increase Decrease The cost for phase one is estimated at $987,344. If approved tonight, this money will be appropriated in the FY 2012-13 Budget. The cost for Phase Two is estimated at $446,161. If approved tonight, this money will be appropriated in the FY 2013-14 Budget . pj N1 arl M On January 17, 2012, the Sewer System Committee reviewed and discussed this item where the Committee directed staff to bring this item back to the Board of Directors for further discussion. The Committee also directed staff to bring back cost estimates for phase two, which is described above. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the February 23, 2012 Board of Directors regular meeting at District Headquarters and on District's website, Alternative Actions 1. Install permanent generators instead of by-pass pumps. 2. Do not install permanent emergency equipment at CMSD pump stations 3. Refer the matter back to staff for more information Board of Directors February 23, 2012 Paqe 5 of 5 Reviewed by Teresa 'Gonzalez Accounting Manager Attachment A: B: C: D: E: F: Generators simulation renderings Generator Cost Proposal By -pass pump renderings By -pass Pump Cost Proposal By -pass Pump Design Proposal Generator Design and ,plan check proposal Attachment A k L-1 F- U I I IIJ 1 9 — %0%01 ILI %,FJ14� 0 IRYfAfdF SUS. Mf A I -so M Na 456 M. A#. f?'- 9 PARCEL MAP '0' M. 031. 49 Proposed Backup Generator V, rRAcr A(O- pow wr C" AC SAWTA AM O;WMrAY C-Itf, LA aas -tJ6 439-22 439-21 0 IRYfAfdF SUS. Mf A I -so M Na 456 M. A#. f?'- 9 PARCEL MAP '0' M. 031. 49 (E) Power Lines I lump 18 - Control's =73: to I E Pir i Station 4 2401 23rd. Street Proposed Backup Generator (E) Power Lines (E) Pump 12 - Controls Backup Generator ST Er k 0 0 to, I D JOPDE Attachment B Tot,al Energy Solutions CA LIC # CIO-620473 12/14/2011 Costa Mesa Sanitary District Address: 628 West 19th Street Costa Mesa, Ca 92627 Attention: Scott Carroll Reference: Generator (4 site Locations) Location: Costa Mesa Sanitation, District Dear Scott, PDE Total Energy Solutions is pleased to submit a scope letter of deliverables for the above referenced project The following is our pricing to perform the design and installation of emergency generators at the following locations: Elden, Mendoza, 23rd and Canyon. Demolition 1. Provide labor and equipment to for the removal and disposal of existing concrete/ or dirt at the existing location for installation. New Generator Pad 1. Provide the labor, materials and equipment necessary to install generator pads., included within this scope would be all excavation, rebar, concrete, wall enclosure material, footings, trenching and bollards. Electrical and Law w Voltage 1, Furnish and install generators wl( sound attenuated enclosure, if required, see adder), installation to include all power circuits, conduit and wiring, and transfer switches. 2. Intercept existing utility feed and extend to transfer switch, 3. Furnish and install new ground rods for generator within the new enclosure, if applicable. 4. Provide Crane for installation of new generator. 5. Provide plan check electrical and structural engineered drawings. 10PDF. ToUd Energy Solutions CA LIC # CIO - 620473 General Construction: 1. Provide full time project supervision of all trades 2. Hold weekly meetings with client and architect . wily cleanup of site Scope of work subject- to change based upon requirements ofmrchrtectul- 1, electrical and structural plan design. e r a F207 -2 ;Hind Rating- 150MPH,Aluminum Housing a 8002 -2 Voltage - 277/480,3 Phase,Wye,4 Wire a 8415 -2 Alternator -60 Hz, 12 Lead, Lipper Broad Range, 1050 a H643 -2 SET CONTROL -PCC 2100 a 8240 -2 Exciter /Regulator - Torque Match a A366 -2 Engine Governor - Electronic, Isochraonous Only a H536 -2 Display Language- English a H606 -2 Meters -AC Output, Analog a K631 -2 Relays- Genset Status, User Configured a KA08-2 Alarm - Audible, Engine Shutdown a KP60 -2 Interface- CommunicationsNtwk,F1T -10 a A292 -2 Heater - Alternator, 120 Volt AC a KM65 -2 Circuit Breaker Mtg- Single Brkr, Left of Control a KS68 -2 Circuit Brea ker- 70A,3P,600 /525V,TM,80 %o,UL/IEC a 0168 -2 Fuel Tank -Dual Wall Subbase, 24 Hour Capacity a 0157 -2 Switch -Low Fuel Level, Subbase a 0169 -2 Switch - Annunciator, Liquid In Rupture Basin a F179 -2 Skid base-Ho using Ready a E125 -2 Engine Cooling -High Ambient Air Temperature a H389 -2 Shutdown -Low Coolant Level a E089 -2 Extension - Engine Coolant Drain PDF. Total Energy Sol� om CA LIC # CI0-620473 a H036-2 Coolant Heater-120 Volt Ac, Single Phase a L026-2 Test Record- Certified a L029-2 Genset Warranty-2 Year Standby a A322-2 Packing-Skid, Poly Bag a F065-2 Rack-Battery a H268-2 Extension-Oil Drain a 0300-5878-01 Batt Chrgr-Stand Alone-15A-(12V)/12A (24V)-120V-240V b 0416-0980 BATTERY (WET, 1000 CCA, 12V, GROUP SIZE 31) b 0 Fuel Spill Box e 0 Field Startup with load bank 2 hours e 0 Training to owner 1 hour Transfer Switch a OTPCI25 Transfer Switch -On an,Pw rCmd, 125 Amp a A029-7 Poles-4 a A029 Poles A035-7 Application-Utility To Genset a A046-7 Listing-UL 1008,/CSA Certification a A080-7 Certification- Seismic ATS a A044-7 Frequency-60 Hertz a A042-7 System-3 Phase, 3 Wire Or 4 Wire a 8026-7 Voltage-480 Vac a B002-7 Cabinet-Type 3r a 0023-7 Control-Transfer Switch, Level 1 a M018-7 Display-Digital a M031-7 Interface - Communications Network, FTT-10 a G004-7 Transfer Switch Warranty-2 Yr Comprehensive Sub Total Price: 0920: ry M? Adder: Two (2) Special Drop-Over Aluminum Sound Attenuated Enclosure Rated 55db at 23 feet; Enclosure dimensions are 184"Long x 56" Wide x 100" High Sub Total Price: $53,257.75 t PDF. Totau Energy Solutions CA LIC # CIO- 620473 / 1 r / ' �• • i i i i w i �' �• .' ',' � ' ail 1�. Iwo •r. r .w. w / IF IN IF IN of IS IF IP III, i � it � i � • • w � I Ir • 10 PDF. Total kinergy SoUutions Transfer Switch a OTPC125 Transfer Switch-Onan,PwrCmd,125 Amp a A029-7 Poles-4 a A029 Poles A035-7 Application-Utility To Genset a A046-7 Listing-UL 1008,/CSA Certification a A080-7 Certification - Seismic ATS a A044-7 Frequency-60 Hertz a A042-7 System-3 Phase, 3 Wire Or 4 Wire a 8026-7 Voltage-480 Vac a 8002-7 Cabinet-Type 3r a 0023-7 Control-Transfer Switch, Level I a M018-7 Display-Digital a M031-7 Interface-Communications Network, FTT-10 a G004-7 Transfer Switch Warranty-2 Yr Comprehensive pj;p� P CA LIC # CIO-620473 Adder: One (1) Special Drop Over Alum Sound Attenuated Enclosure Rated 55db at 23 feet Enclosure dimensions are 184" Long x 56" Wide x 100," High Sub Total Price: $26f458.44 Trod Energy Solvt ons CA LIC # C10- 620473 • al M' is ` �iN r • � .�, I � WN i si r r • .i r r �.• `'. r�iy�II ri iN' i isi �.• N♦ �....... ` 's• i � i, N i i i �• i N r i ■ • iN. i NI Yr�i ` i W • i ` mow'. �w i � a � ♦ i i�.. .n �.' i w Nli'w i lil: ii � r 1. Y IYi w... Yri W I Y 7 Y! PDF. Total Energy Sofvtion,,; lir 1jfWAG1t*J5jMj4f,'!t4j [7-MMr-Aj4ff* .111,1L _ Transfer Switch a OTPC125 Transfer Switch -Ona n, PwrCmd, 260 Amp a A,0219-7 Poles-4 a A035-7 Application-Utility To Genset a A080-7 Certification-Seismic ATS a A046-7 Listing-UL 1008/CSA Certification a A044-7 Frequency-60 Hertz a A042-7 System-3 Phase,3 Wire Or 4 Wire a 12026-7 Voltage-480 Vac a 0002-7 Cabinet-Type 3r a CO23-7 Control-Transfer Switch,Level 1 a M018-7 Display-Digital a M031-7 Interface-Communications Network,FTT-10 a G004-7 Transfer Switch Warranty-2 Yr Comprehensive �,,� $ , 01 � Adder: One (1) Special Drop-Over Alum Sound Attenuated Enclosure Rated 55db at 23 fe Enclosure dimensions are 220"Long x 64" Wide x 122" High Sub Total Price: $30,101.80 jr PDF= Total F-Rnergy 5olul;on5 " M- CA LIC # C10-620473 1. Provide all necessary conduit, wire, fittings, junction boxes and supports required for a complete and operational system as outlined in our scope of work. I. SCE interconnect fees 2. Permit and plan check fees. To be reimbursed 3. Maintenance 4. System specifications 5. Anything not listed in this scope of work 6. Project Management above what is required for PD 's scope of work 7. Project Approach or implementation plan beyond provided schedule 8. Electrical engineering 9. Bonding 10. Liquidated Damages 11. Performance guarantees of components provided by others 12-Consequentlai or compensatory damages related to anything within PDE's scope 13. Overtime for base work and for delays caused by others to meet schedule 14. Hazardous Material Abatement 15. Low voltage work Rates are based on work hours 7:00 A.M. to 3.30 P.M., Monday through Friday. Once reviewed and agreed upon, please sign, date and return via fax/email, thus authorizing service to commence, If a purchase order is necessary, please provide accordingly,, This price quotation is valid for 30 days. We thank you for this opportunity and look forward to working with you. If you have any questions about the quote, please do not hesitate to phone. Dan Cohee Project Manager PDE Total Energy Solutions Inc. ME I A LLJ L5L;l P-41 rca j�� it CB N xxx < < Li Ln Ld C) Lli Ji(E]L I I'" 0 < 0 r4� C) 0- (,n L LLJ j�� it CB N November 17, 2011 Robin Hamers Robin B 1- Tamers & Associates, Inc 234 E 17tb Street, Suite 205 Costa Mesa, CA 92627 RE: DPC30ODBS CD103MDBS Sale Quote Sale Quotation 117005059 Phone: 949-548-1192 Email: robh2@cox.net In response to your request, Godwin Pumps of America is pleased to provide the following budgetary quotation for the above referenced equipment. Per our discussion, Godwin Pumps will supply the pumps and the pumps will be installed by the contractor of your choosing. I trust this information will assist you in the selection of your equipment. I appreciate the opportunity to quote the equipment listed and look forward to working with you. If you have any questions or need additional information please call me. Sincerely, Robert A. Brieno Outside Sales Representative Home Office; 84 Floodgate Road, Bridgeport, NJ 08014 • www.godwinpumps.com • (856) 467-3636 • (856),467 -4841 ' range. Think Godwin. Great Pumps. Great People. November 17, 2011 Robin B Harmers & Associates, Inc Attention, Robin Harpers Sale Quotation # 117005059 Page 2 of 2 A I Godwin Dri-Prime DPC300 Critically Silenced 112,100.00 $ 112,100.00 * 12" suction and discharge * Dri-Prime DPC300 Critically Silenced Sound Attenuated Enclosure, 12 inch 150# Flanged Suction and Discharge, John Deere 6068H285SP Tier 3 Diesel Engine Includes PritneGuard Controller UL Listed Skid Mount, 150 gal Fuel Tank B 3 Godwin Dri-Prime CD103M Critically Silenced 47,100.00 141,300.00 • Sound Attenuated Enclosure • 4" 150# Flange Suction and Discharge • John Deere 4024T281 Tier3 Diesel Engine • Includes PrimeGuard Engine Controller • UL Listed Skid-mount, 80 gal fuel tank C I Inbound Freight from NJ to Mira Loma, CA 5,000.00 5,000,00 NETSALE TOTAL 1 $ 258,400.00 DELIVERY CHAR GE 1 $550.00 Please note all sale pricing is in U.S. Dollars. The price does not include freight, export boxing, duties, taxes, or any other items not specifically mentioned. This pricing information is for internal use only. We ask that these items and terms be kept confidentiai. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days All prices quoted in US dollars. The Godwin DPC300 automatic Dri-Prime 12' (300mm) centrifugal pump has gained recognition as the industry leader in high volume bypass pumping over the last fifteen years. With flows to 5,000 gallons per minute (315.5 I/sec.) and solids handling to 3-1/2" (89mm) in diameter, the DPC300 moves large volumes of water while providing the ease of automatic priming to 28 feet (8.5M). The convenience of a low profile discharge flange makes pipe connections easy and efficient. When the job calls for high volume, the Godwin DPC300 is the benchmark by which all others are judged. Features Direct drive automatic priming 12" (300mm) high volume centrifugal pump with vacuum priming compressor mounted to a diesel engine. Available in electric drive or as bare shaft pumpend. All cast Iron construction with 4 vane cast iron impeller. Extensive application flexibility ---- will handle raw sewage, sludges and liquids with solids up to 3-1/2" (89mm) in diameter. Continuously operated "Godwin" air ejector priming device requiring no form of periodic adjustment or control. o Dry running, oil lubricated, mechanical seal with abrasion resistant solid silicon carbide interfaces. ol, Solids handling swing check Non Return valve at pump discharge. a Skid base incorporating integral overnight running fuel tank. Simple maintenance — normally limited to checking engine oil, compressor oil, and seal lubrication. w Standard engine — John Deere 6068T Available with a variety of engines including Cummins, Caterpillar and Deutz. Low profile side discharge for easy pipe connection. Balanced unit with centralized lifting bracket for easy handling. gedwin A variety of silenced units are pumps available. DPC300 Pefformance CLJI"Ve (m), (ft) 35 d 121 30- 25- U 20- 15- 10- o 6- 411 IDOO 2000 3000 4000 5000 M Us GPM t i I J I I I I 0 60 100 ISO 200 250 300 350 USEC FLOW Performance Table Diesel Set: John Deere 6068T, 151 hp (1 13kw) @ 2400 rpm, Skid Base Impeller Diameter: 17 inches (430 mm) Total Delivery Head — Feet Total Suction Head — Feet 10 20 30 Output — GPM 40 50 10 5810 5620 5000 4490 3115 15 6500 5140 4710, 4250 2900 20 4600 4500 4230, 3130 1415 25 3875 3730 3250! 2105 960 Performance data listed in table and curves are based on water tests at sea level and 68° F (20° C). Larger diameter pipes may be required for maximum flows. Dimensiolls DPC300 — John Deere 60681; Skid Base Weight: 7,265 lbs. (3,295 kg.) I sr 1.473� 53-TIG' 0 Spec M cati ons Maximum operating Speed: Engine: 2450 rprn/Pump: 1200 rpm Maximum Operating Temperature. +212° F (100° C) Maximum Working Pressure: 52.0 psi (3.6 BAR) Maximum Suction Pressure: 30 psi (2,1 BAR) Maximum Casing Pressure: 75 psi (5.2 BAR) Fuel Tank Capacity: 105 and 150 gal. sizes available (397 and 548 liters) Fuel Consumption: 7.8 gph (29.52 1ph) 0 2400 rpm (full load & max, speed) Pipe Connections. 12 inch (300mm) ASA 1504 Solids Handling, 3-1/2" (89mm) diameter Materials Pump Casing, Suction Cover, Separation Tank and Wearplatos: Close Grained Cast Iron Pump Shad: 1 -1/2% NickeVChromium Steel Non Return Valve Body Ejector Housing: Close Grained Cast Iron Non Return Valve Flapper: High Nitrile Rubber Mechanical Seal Faces; Solid Silicon Carbide One Floodgate Road, Bridgeport, NJ 08014, USA (856) 467--3636 e, Fax: (856) 467-4841 Quenington, Cirencester, Glos., GL7 58X, UK +44 (0)1285 750271 ® Fax: +44 (0)1285 750352 E-mail: sales0godwinpumps.com www.godwinpunrips.corn BRANCH LOCATIONS: Connecticut * Pennsylvania * New York * Ohio Illinois a Maryland q Mrginia e West Virginia Georgia & South Carolina ► North Carolina Florida • Texas a Montana • California • Washington Dri-Prhi*' and ftwlor orange far pumps am registered baderrk*s of GDdMn Pumps of America, Inc. Spedficafivis and 111ustralbris am Subject to revision without notbr.,, a copyright 2003-2005 Godwin Pumps of Mark a, Inc, All r1gft reserved. GPASLO20.1005 Critically Silenced Dri-PrIme" Pumps IIIIihe Godwin Critically Silenced enclosure houses the versatile Dri-Prime CID range and HIL range pumps in a specially designed, acoustically-silenced enclosure. The Critically Silenced unit is intended for use in any application where pumping is required and engine and other noise must be kept to a minimum. Sound levels are approximately 69 dBA at 30 feet (9 meters). 1"eatures 0 14 gauge sheet metal (12 gauge on larger units) enclosure lined with 1" and 2" (25 mm and 50mm) layers of polydamp acoustical sound - deadening material- 0 Engine designed with critical grade silenced muffler, silenced prjm�ng exhaust, and isolated engine vibration to further reduce operating noise,, 0 Hinged, lockable doors for convenient access to operating controls and service locations, 0 Entire unit can be unbolted and removed from the DOT highway trailer for added versatility. M RJEW h Attachment E December 7, 2011 Mr. Scott Carroll General Manager COSTA MESA SANITARY DISTRICT 628 West 19th Street Costa Mesa, CA 92627 Re: Project #195 Installation of Backup Pumping at 4 Stations Proposal for Design Phase Services Dear Scott: Enclosed please find a proposal to complete the design phase for the above Project, which consists of installing Godwin backup pumping equipment at four sewer pumping stations; Elden, 23'4, Mendoza, and Victoria pumping stations. The proposal includes determining the location of the Godwin equipment, designing the suction and discharge piping, tying in the new piping to the existing piping, adding another valve vault if necessary, adding the appropriate valves, performing a hydraulic check of the equipment specified by Godwin, and arranging for electrical engineering services. The scope of work also includes placing the project out to bid, attending bid opening, and preparing a staff report to the Board recommending award of the construction contract, This undersigned is very farniliar with the four pumping stations included in the project and prepared the design drawings for three of the stations as they exist today. Thank you for the opportunity to prepare this proposal. Please call meat (714) 293-2727 (cell) if you have any questions or comments. Sincerely, 4 f Robin B. Harpers, PE RCE 31720 Attachment E December 7, 2011 Mr. Scott Carroll General Manager COSTA MESA SANITARY DISTRICT 628 West 191' Street Costa Mesa, CA 92627 Re: Project #195 Installation of Backup Pumping at 4 Stations Proposal for Design Phase Services Dear Scott: Enclosed please find a proposal to complete the design phase for the above project, which consists of installing Godwin backup pumping equipment at four sewer pumping stations; Elden, 23 d Mendoza, and Victoria pumping stations. 'The proposal includes determining the location of the Godwin equipment, designing the suction and discharge piping, Lying in the new piping to the existing piping, adding another valve vault if necessary, adding the appropriate valves, performing a hydraulic check of the equipment specified by Godwin, and arranging for electrical engineering services. The scope of work also includes placing the project out to bid, attending bid opening, and preparing a staff report to the Board recommending award of the construction contract. This undersigned is very familiar with the four pumping stations included in the project and prepared the design drawings for three of the stations as they exist today. Thank you for the opportunity to prepare this proposal.. Please call me at (714) 293-2727 (cell) if you have any questions or comments. Sincerely, 44- Robin B. Hamers, PE RCE 31720 A C D E F G H I J K L 9 ' : PREPARED BY Ro im B. Hamer PE 3 CBietrt: Costa Mesa Sanitoa District (CMSD5 District En pincer 4 Pro'ect Installation of$ac1Cn Pumping at 4 Stations 5 6 :Sob No. 195 T 8 Date: I lDeoember3,2011 fpthDawradpttrxa ME ft K 00,40 Tkall* doo hr�#uwt. t S taial br. hr�"9"t3;t Ykr a .. ,,, : ..... „. „ .,.,.,.... ,hrj"., , 11 .01 Common to all locations 121 1. 11 Prepare front end sheets 1.0 4.0 131 1.21 Godwin notes and details 110 2.0 14 1.3 Add ,'Ex lanation/PurposeNote' 1 10 1.0 16 1.4 Pr aMlqqspecs 1.0 16.0 16 1.5 Prrpanc en itrcet's estimate 1.0 8.0 17 l .6 Mectin s with Costa Mesa No ort Beach deli team 2,0 4.0 18 1,7 detain electrical engineering consultant 4.0 4.0 19 I. Submit rar plan check and make corrections twice 1.0 $.0 20 1,9 Finalize vlans and s =, coordinate rintin and put out to bid 1.0 6.0 $1 . S 0 Attend bid opening, check references, rr�pare bid tab and staff report 4.0 4.0 22 1I .11 Staffreport and follow through for sole source puchase, 4.0 6.0 23 2.0 items at each pumping station 4 stations 24 2.1 Obtain base rnap information and prepare base plan 1,.0 16.0 25 2.2 Add utilities 1:0 8.0 26 2.3 Pield check for street width stri in utility conflicts traffic control 1.0 16.0 2 4 t 'ne locat' n n u 2. 26 2.5 Design ofsuotion and disco e piping 2.0 40.0 29 2.6 Design ofvalve vault (if required) 1.0 12.0 30 2;7 H raulicreview 1.0 4.0 31 2.$ General reMir items per field crew 1.0 4.0 321 Construction notes 1.o 4.0 33 2.10 Coo dinateelectrical..desigg i 1.o 7,0 34 2.11 IReview with Godwin err "near 2.0 6.0 36 36 37 40 21,133..50 41 Total` r Hours and boa .ry _. 35 1 Q 42 In- Ilowll abor m Project Team Glass hate Total Cost 43 I Mana Ong En 'neer Rob Hamers full 96.5 $3 44 2 Pra'ect Bn `near Yefim Tsai Pl 96.5 1 T 756.00'. 45 3 Pro'ect Inspector Paul Guzman Joe Limon PI 64 5 $2,W,001 10 PDF. Attachment F lota nergy Soiut;ons CA LiC # C10-620473 2/11/2012 Costa Mesa Sanitary District Address: 628 West 19th Street Costa Mesa, Ca 92627 Attention: Scott Carroll Reference: Architectural Design Development, Construction Drawings, Structural Engineering Plans & Generator Installation Location., Costa Mesa Sanitation District Dear Scott, PDE Total Energy Solutions is pleased to submit a scope letter of deliverables for the above referenced project. Project: Provide Architectural Design Development and Construction drawings and structural engineering plans for the installation of new above ground generators in the CMSD district. Provide Architectural design for pad, fence, enclosure, and site plan and Structural design of pad and posts or retaining wall as needed. PDE will conduct additional city or agency research and provide plan check consultation services. PDE will also provide Site Survey including location of property line and location of existing obstructions and buildings. PDE drawings will be based on the provided Design drawings from PDE and CMSD for locations. PDE is excluding any Grading and drainage work engineering or design. PDE will assist in the plan check submittal process, and research all Agency Codes and requirements for permitting. PDE is providing pricing for the installation of emergency generators at the following locations: Canyon and Irvine Pump Stations. In addition, PD,E is providing a price to support the project for (4) additional pump stations. This work will be limited to assisting in the processing of drawings to be provided by others for the design of new pumps. PDE will exclude any Structural or Survey work unless requested at a later date. 10 PDF. Tokal Energy So4 i6ons CA LIC # C10-620473 ARCHITECTURAL, STRUCTURAL, ELECTRICAL PLANS & SUBMITTALS PIDE and CLIENT agree to the following terms: 1. The following attachments are hereby made a part of this agreement: a. Hourly rate schedule. 2. Scope of work for PDE a. Meetings with Client to determine design and program requirements. b. Review existing plans and existing site as-built status. Conduct field investigation and record existing conditions c. Convert existing drawings provided by CMSD in paper format to CAD electronic files (PDE will request any record drawings of the existing areas, to convert as needed) Research all City zoning code, Building Code and submittal requirements. e. Prepare design development drawings for owners review and approval f. Based on approved design development drawings, PDE will prepare construction drawings and documents for bidding and submittal for building permits (floor plans, sections, details, site plan, elevations) g. Provide design and materials specification based on Client and PDE preliminary design drawings h. Provide code research as required i. PDE will coordinate with MEP designers (Selected by P,DE) j. PDE will assist with processing plans through local agency and coordinate plan check. In addition, PDE will provide any required Benefit/ Cost analysis required by city of Costa Mesa to determine viability of below vs above ground system location k. PDE will be available during construction for RFI's and questions as well as walk through to check on the general progress of the No PDE Total Ersergy Solutions CA LIC # CI0-620473 construction. (2 site visits during construction included) I. Construction Administration including (2 construction site visit, RFI processing, Submittal review and construction clarifications and directives is included) 3. Fees to CMSD are provided at a firm fixed price for this project $16,200.00 .901M.T.W. i. Architectural Fees $9,000.00 ii. Structural Fees $3,600.00 iii. Site Survey $3,600.00 i. Architectural Fees $5,000.00 c. Blueprints and copies are reimbursable costs and not part of the base contract, however, client should budget at least $1,000.00, for reprographic costs. (PDE will submit billing for reprographics as a reimbursable cost during monthly billing or we will send direct to an account of your choice) d. Invoices will be billed monthly unless other arrangements are requested by client. 5. To the fullest extent permitted by law, CLIENT agrees to limit PIDE's liability for client damages to 100% of fees paid to PIDE. This limitation shall apply regardless of the cause of action or legal theories plead or asserted. 6. Any changes made to the plans after approval of design drawings (signed by owner) will constitute a change and shall be billed over and above the fee schedule mentioned above at our hourly rates described in the attachment. 7. This written contract is the complete agreement between CLIENT and PIDE. Either party may terminate this agreement upon 14 days written notice. All fees will be paid to date of termination, 8. Any disputes between PIDE and Client that cannot be resolved between the two parties will be settled by Non-Binding Mediation unless another method of settlement is agreed upon by both parties. If there is no activity on the tasks of P�DF. "Total Energy Solutions CA LIC # C10-620473 this project for any 6 month period, then this agreement would be automatically terminated and further work would be completed under a new and separate agreement between the PDE and Client. 10. Additional work or services not specifically mentioned in this proposal shall be billed at the hourly rate established in this contract, and by mutual consent of `-4 R A Kel M-1 11. CMSD shall provide PDE with a legal description of the property, a survey, documents describing soil conditions, topography, easements and restrictions, and local restrictions, including, but not limited to Owner's Association, requirements, and local municipal ordinances, when required for the design of the project. 12. CMSD shall not hold PDE liable for any damages, fees, loss of wages or costs incurred from failure to provide Plan Check drawings to the local agencies or acquire a Building permit. If client decides to proceed with the work represented in the PDE drawings without plan check or acquisition of a building permit, PDE cannot be held responsible for such action as PDE does not endorse or recommend such action. Additional fees will apply if PDE is asked to provide plan check or permit drawings after the fact. 13. The following items will be paid directly by CLIENT or as a reimbursable expense to PDE and are not included in the maximum fee per item #3 above. Reimbursable items to PDE will be billed at cost plus 15%. a. Client changes to previously approved and completed work. b. Changes to project scope of work. c. City filing and' permit fees. d. Reproduction of drawings, documents and photos (Reimbursable cost) e. Interior Design by ASID registered professional f. Landscape Design, g. Exterior hardscape or irrigation. h. Grading, drainage, street improvement plans. PDE Totat Gnergy SOIL260nS CA LIC # C10-620473 i. Exterior Design and remodel of existing building j. Soils report, geotechnical and surveying. k. Any specialty engineering or studies requested or required by CLIENT or the City. I. Structural Design or Engineering m. As-built drawing and document up•dating after completion. n. Construction Observation or Management or Job site visits during construction. (Except as noted above) oil Permit-ready CDs to cover the electrical work as follows: Pump Stations #1' 3 and 26: Design new emergency generator Set Pump Station #13 $7,080.00 Pump Station #26 $7,080.00 HOURLY RATE SCHEDULE Partner/Principal Registered Engineer Senior Designer/Engineer Designer/Drafter Word Processor $210/hour $170/hour $150 - $175hour $120 - $130hour $75/hour OPTIONAL (if needed) Pump Stations #12, 14,17,18: Design new power supply and Transfer switch for a bypass pump. Pump Station #12 $5,520.00 Pump Station #14 $5,520.00 a IM t 0 . joalm M. so . * HIM OMO Q To: Board of Directoil From: Scott Carroll, General Manager ..,:r Date: February 23, 2012 Subject: Award Contract — Front Lobby Expansion Project In the adopted FY 2011-12 Budget, the Board approved expanding the front lobby to improve the security and safety of District staff members. The budget amount for this project is $157,500. Designs are complete and bids were solicited and opened on January 26, 2012 where Slater Builders, Inc. is the apparent low bidder. Staff Recommendation That the Board of Directors approves the following: 1. Approves the attached agreement with Slater Buiilders, Inc., Costa Mesa, CA for $129,868.00; and ZEE= 0* � 0 0 3. Approve a budget adjustment in the amount of $5,300 Analysis The Board approved expanding the front lobby that will provide added security for staff and offer more room for members of the public to conduct business with the District. On January 26, 2012 two bids were received, opened and recorded, which are as follows: Slater Builders, Inc. $129,868 Timberline $154,610 Trotecting our corny munity Is (wealth and the environment by praviding soWwaste andsewer correction. services, ,www.cmsdca.gov Board of Directors February 23, 2012 Page 2 of 2 Slater Builders, Inc. is a local company based in Costa Mesa that specializes in constructing retail, office, hospitality and educational projects. They have a good reputation in the construction business and their references mentioned to staff that they highly recommend using Slater Builders again. Slater Builders insurance documents have been submitted and approved by CMSD's risk manager. This item supports achieving the objective of Strategic Element No. 6.0, PersonnellOrganizational Management and Strategic Goal No. 6.1, Enhance existing safety plan. Legal Review The District Associate Counsel has reviewed and approved the attached agreement. Financial Review Total remaining cost for this project is $146,580, which includes construction, contingency, administration and inspection services. The current remaining budget amount for this project is $141,300, therefore a budget adjustment in the amount of $5,300 is required to pay for this expense. Account Account Number Increase Decrease Headqtr. Lobby Expan. #195 20-201295-4300 $5,300 Sewer— Contingency 20-200000-4990 $5,300 Alternative Actions 1. Refer the matter back to staff. Attachment A. M'Wwb' Construction Contract Teresa Gonzalez Accounting Manager WHEREAS, DISTRICT has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract; and WHEREAS, on February 23 2012, after notice duly given, DISTRICT awarded the contract for the building construction and site improvements hereinafter described to CONTRACTOR, which CONTRACTOR said DISTRICT found to be the Bidder deemed most appropriate for the Work. AGREEMENT The Parties hereto AGREE as follows: I . Scope of the Work CONTRACTOR shall perform the work described briefly as follows: The aforesaid improvements are further described in the "Contract Documents" hereinafter referred to. All of the work shall be performed in strict conformity with the Contract Documents. 2. Contract Documents The complete contract consists of the following documents: Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion This AGREEMENT, Notice Inviting Sealed Proposals, the Accepted Bid, the complete plans, profiles, detailed drawings and specifications, (which include the Standard Specifications for Public Works Construction as modified by these Contract Documents), Labor and Material Bond, Insurance Documents, and all addenda setting forth any modifications or interpretations of said documents. The terms of this AGREEMENT shall prevail over all other documents except as provided for in any "Addendum" attached hereto. All of the above named documents are intended to complement one another so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the "Contract Documents", 3. Schedule All work shall be performed in accordance with the schedule approved by DISTRICT's Engineer and under his direction. 4. Equipment - Performance of Work CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike manner the work of general construction as called for, and in the manner designated in, and in strict conformity with the Contract Documents, including the plans and specifications for said work which said specifications are entitled. The equipment, apparatus, facilities, labor and material shall be furnished and said work performed and completed as required in said plans and specifications to the satisfaction of, and subject to the acceptance of, the DISTRICT's Engineer or his designated assistant. 5. Contract Price The contract price shall be One Hundred Twenty Nine Thousand Eight Hundred Sixty Eight dollars, ($129,868.00) with adjustments for written and fully executed change orders as finally calculated by DISTRICT and CONTRACTOR. The CONTRACTOR agrees that the DISTRICT shall have the right to increase or decrease the quantity of any Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work. 6. Time of Performance The time fixed for the commencement of such work is within 10 days after receiving notice to proceed and to complete said work within T.B.D. working days from the first day of contract. T. Time of the Essence Time is of the essence in this contract. 7a. Job Progress CONTRACTOR agrees to maintain a critical path analysis throughout the project CONTRACTOR agrees to meet with DISTRICT's project manager or designee on a weekly or other periodic basis, or as requested by DISTRICT to review job progress, CONTRACTOR agrees to provide DISTRICT with critical job path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR's claim for additional days or additional damages. 8. Extension of Time If such work is not completed within such time, the DISTRICT Board or its designee shall have the right to increase the number of working days in the amount it may determine will best serve the interests of DISTRICT and, if it desires to increase said number of working days, it shall have the further right to charge to CONTRACTOR and deduct from the final payment for the work the actual cost of engineering, construction review and other overhead expenses which are directly chargeable to CONTRACTOR and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges; provided, however, that no extension of time for the completion of such work shall ever be allowed Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion unless, at least twenty (20) days prior to the time herein fixed for the completion thereof, or the time fixed by the DISTRICT Board or its designee for such completion as extended, CONTRACTOR shall have filed application for extension thereof, in writing with the DISTRICT General Manager addressed to the DISTRICT Board and its designee. Said application shall be made pursuant to the requirements of Sections 20104 through 20104.8, Public Contracts Code. In this connection, it is understood that the DISTRICT General Manager shall not transmit any such request to the DISTRICT Board if not filed within the time herein ME= 9, Li_quidated Damages In the event CONTRACTOR, for any reason, shall have failed to perform the work herein specified within the time herein required and to the satisfaction of DISTRICT Engineer, DISTRICT may, in addition to any other of its rights authorized in this AGREEMENT, deduct from payments or credits due CONTRACTOR after such breach a sum equal to Two Hundred Fifty Dollars ($250,00) as liquidated damages for each day beyond the date herein provided for the completion of such work. This sum is established pursuant to Section 53069.85 of the Government Code and is deemed by the parties hereto to be a reasonable amount, 10. Performance of Sureties In the event of any termination as herein provided, the DISTRICT shall immediately give written notice thereof to CONTRACTOR and CONTRACTOR's sureties, and the sureties shall have the right to take over and perform the AGREEMENT provided, however, that if the sureties, within five (5) days after giving them said notice of termination, do not give DISTRICT written notice of their intention to take over the performance of the AGREEMENT and do not commence performance thereof within five (5) days after notice to the DISTRICT of such election, DISTRICT may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of CONTRACTOR and the sureties shall be liable to DISTRICT for any excess cost or damages occasioned DISTRICT thereby; and in such event, DISTRICT may, without liability for so doing, take possession of, and Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 11. Disputes Pertaining to Payment for Work Should any dispute arise respecting the true value of the work done, of any work omitted, of any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, such dispute shall be decided pursuant to Section 20104 through 20104.8, Public Contracts Code, as the same is now in force and as the same may be amended from time to time, provided that the dollar amount of the dispute is within the statutory limits set forth therein, 12. Permits -.Compliance With Law CONTRACTOR shall, at CONTRACTOR's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law. 13. Superintendence by CONTRACTOR CONTRACTOR shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the DISTRICT Engineer on the work at all times during progress with authority to act for him. 14. Observance by DISTRICT CONTRACTOR shall at all times maintain proper facilities and provide safe access for observation by DISTRICT to all parts of the work and to the shops wherein the work is in preparation. 15. Extra and/or Additional Work or Changes Should DISTRICT at any time during the progress of said work request any alteration, deviations, additions, or omissions from said specifications or plans or other contract documents, it shall be at liberty to do so, and the same shall in no way affect or make void the Contract, but will be added to, or deducted from, the amount of said contract price, as the case may be, as provided in paragraph 36, Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion 16. Observation and Testing Materials CONTRACTOR shall notify DISTRICT a sufficient time in advance of the manufacture or production of materials to be supplied by CONTRACTOR under this Contract in order that DISTRICT may arrange for mill or factory observation and testing of same. Any materials shipped by CONTRACTOR from factory prior to having satisfactorily passed such testing and observation by DISTRICT's representative shall not be used on said improvement unless CONTRACTOR is previously notified by DISTRICT that such testing and observation will not be required. CONTRACTOR shall also furnish DISTRICT, in triplicate, certified copies of all required factory and mill test reports. 17. Permits and Care of the Work CONTRACTOR has examined the site of the work and: is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this AGREEMENT. CONTRACTOR, at CONTRACTOR's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by DISTRICT. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered and the work performed until completion and final observation and acceptance, 18. Other Contracts DISTRICT may award other contracts for additional work and CONTRACTOR shall fully cooperate with such other contractors and carefully fit CONTRACTOR's own work to that provided for under other contracts as may be directed by DISTRICT's General Manager. CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other contractor. 19. Payments to CONTRACTOR (A) On or before the 25th day of each and every month during the performance of the work, CONTRACTOR shall submit to DISTRICT's General Manager an itemized statement of quantities with unit prices of materials incorporated Costa Mesa Sanitary District Front Lobby Expansion Construction Agreement into the improvement during the preceding month and the portion of the contract sum applicable thereto, On approval in writing of said statement by DISTRICT's General Manager, it shall be submitted to the DISTRICT Finance Department and then to the DISTRICT Board. It is understood and agreed between the parties that lead time for processing invoices for inclusion on the warrant list of the DISTRICT has been established by the DISTRICT Finance Office and that invoices for payment will be processed and paid in accordance with any established rules and' regulations of said DISTRICT Finance Officer, Payment shall be ninety-five percent (95%) of the amount invoiced, the remaining five percent (5%) to be subject to the provisions in Paragraph (B). The payment as provided for herein [except for the retention provided for in Paragraph (B)] shall be made the day following its approval by the DISTRICT Board at its next regular meeting following the submittal of the invoice to the Board by the DISTRICT General Manager. (B) DISTRICT reserves the right to retain five percent (5%) of the contract price for a period of thirty-five (35) days after the filing of the notice of completion of the contract, CONTRACTOR shall have the following options pursuant to Section 22300, Public Contracts Code: (i) To substitute securities for any money retained by DISTRICT; (ii) To require DISTRICT to pay into an escrow created at the expense of CONTRACTOR. The substitute securities provided for herein may be held pursuant to Section 22300 and any escrow agreement entered into between the parties shall be in the statutory form set forth in Section 22300. (C) The DISTRICT shall observe the provisions of Government Code Section 7107 with respect to final payment and disputes relating thereto. 20. Contract Security Concurrently with the execution hereof, CONTRACTOR shall furnish: (1) A separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for payment of all persons performing labor and furnishing materials in connection with this Contract. Costa Mesa Sanitary District Front Lobby Expansion Construction Agreement The bonds required hereunder shall be provided by an admitted carrier. DISTRICT reserves the right to object to said surety in accordance with the procedure set forth in Code of Civil Procedure Sections 995.650 et sea. Bonds shall be accompanied with an appropriate power of attorney authorizing the execution of the bond. 21. Indemnification CONTRACTOR and DISTRICT agree that DISTRICT should, to the 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 Agreement. 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 Agreement in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here. To the full 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, 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 the Agreement. All obligations under this provision are to be paid by CONTRACTOR as incurred by the DISTRICT. Without affecting the rights of the DISTRICT under any provision of this Agreement 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 only apply in instances where the DISTRICT is shown to have been actively negligent and not in instances where Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion CONTRACTOR is solely or partially at fault or in instances where DISTRICTS 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 on CONTRACTOR under this or any other provision of this Agreement 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 here in this section from each and every sub contractor, subtler contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations form 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 Agreement or this section. 22 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. Total limits shall be no less than five (5) million dollars per occurrence for all coverages. DISTRICT and its employees and agents shall be added as additional insureds using ISO additional insured endorsement Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion form CG 20 10 11 85 (in no event will DISTRICT accept an endorsement form with an edition date later than 1990). 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 apply to 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 following form to any undgrlyin 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. Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto coverage form CA 00 01 06 92 including symbol 1 (Any Auto), Limits shall' be no less than five (5) 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' Compensation/Employers' Liability shall be written on a policy form providing workers' compensation statuary 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- I. This Section supersedes all other sections and provisions of this Agreement 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 Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such, Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion 3. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement 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 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 Agreement 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 Agreement. 6. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, 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 "A:Vll". Self-insurance will not be considered to comply with these insurance specifications. 8. In the event any policy of insurance required under this Agreement 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 any premium paid by DISTRICT will be promptly reimbursed by CONTRACTOR. 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 20 10 11 85- Certificate(s) are to reflect that the insurer will provide thirty (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 Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion 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 Agreement have been renewed or replaced with other policies providing at least the same coverages. 11. Any actual or alleged failure on the part of the DISTRICT or any additional insured under these requirements to obtain proof of insurance required under this Agreement 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 insureds all parties to this Agreement. 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 Agreement. 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 insureds. 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 for 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 the DISTRICT, Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion 23. Le al Work Day - Penalties for Violation Eight (8) hours of labor shall constitute a legal days work. CONTRACTOR shall not require more than eight (8) hours labor in a day from any person employed by CONTRACTOR in the performance of such work. CONTRACTOR shall forfeit as a penalty to DISTRICT the sum of Twenty Five ($25,00) Dollars for each laborer, workman or mechanic employed in the execution of this Contract by CONTRACTOR, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours per day in violation of the provisions of Section 1815 of the Labor Code of the State of California. 24. Prevailing Wage-.Scale The minimum compensation to be paid for labor upon all work performed under this Contract shall be the general prevailing wage scale established by the Department of Industrial Safety for the State of California and as adopted by DISTRICT. CONTRACTOR shall forfeit the sum of $50.00 per day to DISTRICT for each day prevailing wages are not paid in accordance with Labor Code Section 1775, CONTRACTOR shall comply in all respects with Title 40 U.S,C. Section 2,768, also known as "The Davis-Bacon Act" where federal funds are involved and CONTRACTOR shall also comply in all respects with California Labor Code Sections 1770 et s„ eg, if applicable. If CONTRACTOR is engaged in the construction, prosecution, completion or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, CONTRACTOR shall furnish each week to the DISTRICT Finance Officer a statement with respect to the wages paid each of its employees during the preceding weekly payroll period. 24a. Payroll Records The CONTRACTOR and all Subcontractors shall keep accurate payroll records on i the job site in accordance with Labor Code Section 1776 and make those records available for inspection at all reasonable times. Costa Mesa Sanitary District Front Lobby Expansion Construction Agreement 25. Ememengy - Additional Time for Performance - Procurement of Materials If, because of war or other declared national emergency, the Federal or State government restricts, regulates or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, CONTRACTOR is, through no fault of CONTRACTOR, unable to perform this AGREEMENT, or the work is thereby suspended or delayed, any of the following steps may be taken, A. DISTRICT may, pursuant to resolution of the Board grant CONTRACTOR additional time for the performance of this AGREEMENT sufficient to compensate in time for said delay or suspension. To qualify for such extension of time, CONTRACTOR, within three (3) days of CONTRACTOR's discovering such inability to perform, shall notify DISTRICT's General Manager in writing thereof and give specific reasons therefor; DISTRICT's General Manager shall thereupon have sixty (60) days within which to procure such needed materials or labor as it is specified in this AGREEMENT, or permit substitution or provide for changes in the work in accordance with other provisions of this AGREEMENT. Substituted materials, or changes in the work, or both, shall be ordered in writing by DISTRICT's General Manager, and the concurrence of the DISTRICT Board shall not be necessary. All reasonable expenses of such procurement incurred by the DISTRICT's General Manager shall be defrayed by CONTRACTOR; or B. If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days written notice to the other, terminate this AGREEMENT. In such event, CONTRACTOR shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost plus ten percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or en route upon the date of notice of termination specialty ordered for the project and which cannot be utilized by CONTRACTOR, shall be compensated for by DISTRICT at cost, including freight, provided that CONTRACTOR shall take Costa Mesa Sanitary District Front Lobby Expansion Construction Agreement all steps possible to minimize this obligation; or C. DISTRICT Board, by resolution, may suspend this AGREEMENT until the cause of inability to perform is removed, but for a period of not to exceed ninety (90) days. If this AGREEMENT is not canceled and the inability of CONTRACTOR to perform continues, without fault on CONTRACTOR's part, beyond the time during which the AGREEMENT may have been suspended, as hereinabove provided, DISTRICT Board may further suspend this AGREEMENT, or either party hereto may, without incurring any liability, elect to declare this AGREEMENT terminated upon the ground of impossibility of performance. In the event DISTRICT declares this AGREEMENT terminated, such declaration shall be authorized by the DISTRICT Board, by resolution, and CONTRACTOR shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, CONTRACTOR shall be entitled to proportionate compensation at the agreement rate for such portion of the AGREEMENT as may have been performed; or D. DISTRICT may terminate this AGREEMENT without cause, in which case CONTRACTOR shall be entitled to proportionate compensation at the agreement rate for such portion of the AGREEMENT as may have been performed. Such termination shall be authorized by resolution of the DISTRICT Board. Notice thereof shall be forthwith given in writing to CONTRACTOR and this AGREEMENT shall be terminated upon receipt by CONTRACTOR of such notice. 26. Provisions Cumulative The provisions of this AGREEMENT are cumulative and in addition, to, and not in limitation of, any other rights or remedies available to DISTRICT. 27. Notices It shall be the duty and responsibility of CONTRACTOR to notify subcontractors and materialmen of the following special notice provision, namely, all notices of intention to lien or stop notices shall be either personally delivered or transmitted by certified mail, Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion but in either event said notices shall be directed to the DISTRICT. All notices shall be in writing and delivered in person or transmitted by certified mail, Notices required to be given to DISTRICT shall be addressed as follows: 'T-MTRICT 628 W. 19" Street Costa Mesa, California 92627 Notices required to be given to CONTRACTOR shall be addressed as follows: Slater Builders, Inc. 3100-B Pullman Street Costa Mesa, California 92626 28. Subcontractinq CONTRACTOR acknowledges that he is aware of the provision of the "Subletting and Subcontracting Fair Practices Act" 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 the 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 (10%) of the subcontract involved, or cancel the Contract and assess the penalty. Costa Mesa Sanitary District Front Lobby Expansion Construction Agreement All persons engaged in the work, including subcontractors, will be considered employees of the CONTRACTOR, CONTRACTOR will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. 0AND WMWUH��� After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the DISTRICT's General Manager his affidavit stating that all workmen and persons employed and 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 connections with Notice to Withhold, which have been filed under the provisions of the statutes of the State of California. 30. CONTRACTOR's Waiver The acceptance of CONTRACTOR of the final payment shall constitute a waiver of all claims against DISTRICT under or arising out of the Contract unless the disputed amounts are specifically set forth in the affidavit and release. 31. 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 DISTRICT's General Manager and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT, Costa Mesa Sanitary District Front Lobby Expansion 32. Utility Location Construction Agreement DISTRICT acknowledges its responsibilities with respect to the location of utility facilities pursuant to California Government Code Section 4215. 33. Discrimination CONTRACTOR, represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, 34. Governing Law This Contract and any dispute arising hereunder shall' be governed by the law of the 35. Integration The parties agree that this document represents their entire agreement and that this AGREEMENT may not be subsequently modified unless said modification is made in DISTRICT may, by written change notice, make changes in the work, changes in or addition to the specifications, require additional work or services or direct the omission of work or services covered by this AGREEMENT. If any such change or requirement causes any increase or decrease in the CONTRACTOR's cost of performance of this AGREEMENT, an equitable adjustment shall be made and the AGREEMENT modified in Costa Mesa Sanitary District Front Lobby Expansion Construction Agreement writing accordingly. No claim by CONTRACTOR for adjustment under this paragraph shall be valid unless asserted in writing by CONTRACTOR wilthin, thirty (30) days from the date of receipt of said written change notice signed by the DISTRICT's General Manager or the President and Secretary of the Board of Directors, as appropriate. CONTRACTOR shall make no additions, changes, alterations or omissions except upon, the written, change notice of the DISTRICT General Manager given before the work is to be done or before services are rendered. The DISTRICT General Manager shall only have authority to order changes when the work is of a value less than 10% of the contract amount or FIFTEEN THOUSAND DOLLARS ($15,000.00) whichever is greater. Ali other changes must be approved by the Board of Directors, A. Extra Work Damages, Should CONTRACTOR encounter extra work due to the discovery of unforeseen conditions that CONTRACTOR should not have anticipated based in its own independent investigation, or due to changes in the project made by DISTRICT, CONTRACTOR shall immediately bring such condition to the attention of the DISTRICT's Engineer and shall submit a Request for Change Order within thirty (30) days in the form set forth in the Contract Documents. All such requests for extra compensation shall be subject to the approval of the Board of Directors unless within the authority of the DISTRICT General Manager, in which case it shall be subject to approval of the General Manager or Board of Directors, B. Limitation of Damages. CONTRACTOR shall be limited in the damages that it may recover under this contract. CONTRACTOR shall' be limited to extra days for delay time and any direct costs related thereto, and to the direct costs of completing extra work. "Direct Costs"' shall be those items Costa Mesa Sanitary District Front Lobby Expansion Construction Agreement defined in Section 3-3.2.2 Basis for Establishing Costs, �Standard Specifications for Public Works, Construction, 1997 edition. Excluded from direct costs shall be mark ups on materials, equipment rentals or other items or expenditures, so-called "Eichleay damages" including, but not limited to, home office overhead, lost bonding capacity, lost profits, and lost interest. 37. Independent CONTRACTOR CONTRACTOR acknowledges and agrees that it is an independent contractor of DISTRICT that has been retained for the results of its work and not for the means by which it is accomplished. It is specifically agreed that the DISTRICT does not have the right of control over the mode of doing the work contracted for and that neither the CONTRACTOR, its employees, nor its consulting Engineers are employees, of the DISTRICT. The remedies provided DISTRICT herein shall be cumulative, and in addition to any other remedies provided by law or equity. A waiver of a breach of any provision hereof shall not constitute a waiver of any other breach. 39. Books and Records CONTRACTOR's books, records and its plants or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to observation and audit by any authorized representative of DISTRICT, Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT. i 'oil CONTRACTOR shall provide DISTRicrs Engineer with drawings of the Construction in its "as built" condition. 42. Days and Hours of Work Should the CONTRACTOR desire to perform construction work on Saturday, Sunday or on any day observed as a holiday by DISTRICT, or prior to 8:00 am, or after 5:00 p.m. of any day, he must submit his written request to DISTRICT's General Manager at least 24 hours prior to the proposed start of such work. No such work shall be commenced without the prior approval of the DISTRICT's General Manager. The DISTRICT observes those holidays specified by Government Code Section 6700. work. The foregoing shall not apply in the case of an emergency necessitating immediate im"LOURM, =000111039 No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that imay be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion investigations, and no plea of reliance on initial investigations or reports prepared by DISTRICT for purpose 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 said Contract, specifications, and plans. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. In accordance with Public Contracts Code Section 7105, CONTRACTOR shall not be liable for Acts of God. 44. Interpretation _ In the event of any conflict, inconsistency or incongruity between the provision of this Contract and the provisions of any document listed in Paragraph 2 hereof, or amendments 'thereto, the provisions of this Contract shall control in all respects, 45, Termination. A. If CONTRACTOR should fail to comply with 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 any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fall 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 Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion to CONTRACTOR, 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 without cause. In such event DISTRICT shall compensate CONTRACTOR, subject to deduction for previous payments (1) 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. 46. Additional Costs CONTRACTOR shall be responsible to reimburse the DISTRICT a sum equal to Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion the expenses of administration and legal services required to be expended by the 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 under the AGREEMENT. 47. As jignment 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, 48. Safety 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. 49. Observation Services shall be furnished by the DISTRICT on an eight (8) hour day and forty (40) hour week basis. Any additional observation that is required in excess, of the foregoing shall be paid for by the CONTRACTOR at special hourly rates to be determined by DISTRICT. Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion 50. WorkmanshiD and Materials Unless otherwise specifically provided for in the specifications, all workmanship, equipment, materials and articles incorporated in the work covered by this Contract are to be new and of the most suitable grade of their respective kinds for the purpose intended. Where equipment, materials or articles are referred to in the specification as "equal to" any particular standard, DISTRICT shall decide the question of equality. In the manner, and to the extent required by the specifications, CONTRACTOR shall furnish DISTRICT for approval full information concerning the equipment, materials or articles which he contemplates incorporating in the work. Samples of material shall be submitted for approval when required for specification. In addition to furnishing a list of subcontractors, and prior to commencing the work covered by this Contract, CONTRACTOR shall furnish DISTRICT a list of the equipment, materials, or articles CONTRACTOR proposes to use in the performance of this Contract. Substitutions of equipment, materials or articles shall not be done unless approved by the DISTRICT's General Manager. 51. Agmant y Unless otherwise agreed to in writing by the parties, CONTRACTOR warrants that the work shall be performed in the best and most workmanlike manner by qualified, careful and efficient workers, in strict conformity with the best standard practices; shall be free from defect in workmanship and' material; and shall conform with all provisions of this Contract and the Contract Documents, including, but not limited to, all specifications included in this Contract. The provisions of this warranty, together with any applicable warranties and guarantees of CONTRACTOR's subcontractors and suppliers shall survive observation, test and acceptance of any payment for the work performed hereunder and Costa Mesa Sanitary District Construction Agreement Front Lobby Expansion shall run to the DISTRICT its successors and assigns. Except for latent defects, fraud or such gross mistakes of CONTRACTOR as amount to fraud, notice of any defect or non- conformity may be given by DISTRICT to CONTRACTOR at any time prior to the expiration of ONE YEAR after the recording of the Notice of Completion by DISTRICT of such work. CONTRACTOR shall promptly perform all work required to correct such defects or non-conformities by replacement or repair, as DISTRICT may direct, all at CONTRACTOR's sole cost and expense. Ali defective or non-conforming material which DISTRICT requires to be replaced shall be removed promptly from the site of the work by CONTRACTOR at its sole expense. If CONTRACTOR fails promptly to correct any non- conformity DISTRICT may do so and charge the cost thereof to CONTRACTOR, Work required to be corrected or replaced shall be subject to the provisions of this paragraph in the same manner and to the same extent as when such work was initially presented for final acceptance. DISTRICT's right to require CONTRACTOR to repair or replace any defective or non-conforming work shall be in addition to any other rights DISTRICT may have for breach of warranty and shall not be considered as an exclusive remedy. If the DISTRICT prefers to accept defective or non-conforming work, it may do so instead of requiring its removal or correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be e,ffected whether or not final payment had been made. 52. Regional Notification Centers CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216 before commencing any excavation. Costa Mesa Sanitary District Front Lobby Expansion PMM�s PEIM 55. Assignment of Clayton Act and CadWn ]Vht Act Claims Construction Agreement In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor of subcontractor offers and agrees to assign to the awarding body all tights, title and' interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties. Dated this of 2012 District Counsel 0 By: Secretary Costa Mesa Sanitary District Front Lobby Expansion Construction Agreement KI-I Ow Met CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ue I I On before me, DOW personally appeared � .. . . . ..... . .. . . . v." . . . . . . . � who proved to me on the basis of satisfactory evidence to be the persono whose narne(6T6ktf,,—.subscribed to the i9ffl# fte which the person( 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 han and official seal, Signature PIM W" S&W AbM OPTIONAL swwii- omww #-y Though the Information Maw Is not raq utred by law, it may prove va lus We to persons relying an the document and could prevent fraudulent removal and reattachment of this fon'n to another document. 13. 1111 11 1 I L Tide or Type of Document: — oAtz),Z-,� CZO;., Document Date: cy/I Number of Pages, Signer(s) Other Than Named Above: Capacity(i9s) Claimed by Signer(s) Signers Name: �Ow�&14elj 0 Guardian or Conservator 0 Other: Signer Is Representing: Y - 0 '1 �' �11 jwfjq'>,j I , v.rr.,Ij I , I I L A L ARH-1, *. I VI[ Z �.. I QZ Zi NO j 1. *40=* A, 1. UM, , MO i Memorandum Via: Scott Carroll, General Mana -_-- From: AJ Cully, Management Analyst Date: February 23, 2012 4. ��� 11 lII P; 11 111 11 .. I : i : • 1. 0 - 0 1 . ll Fats, oils and grease (FOG) dumped into sewer lines can, over time, lead to blockages and problems like sanitary sewer overflows in municipal water systems. Sewer overflows cause environmental health hazards and property damage, as well as increased operation and maintenance costs. While collecting FOG waste and disposing of it through the solid waste system is one option, recycling also is a growing alternative. The Costa Mesa Sanitary District (CMSD) implemented a Residential FOG Collection Event at the Orange Coast College Recycling Center (OCC) from November 21, 2011 thru January 6, 2012. The schedule coincided with Thanksgiving and Christmas to capitalize on the disposal needs of residents who deep-fry holiday turkeys. Ms. Gayle Anderson, KTLA Channel 5 Morning News did a live "Gayle on the Go!" broadcast from 7-10:00 a.m. to help us kick off the event. It was a very exciting day as Mr. Scott Carroll, CMS[ General Manager, deep-fried a turkey and highlighted items made from recycled cooking oil. Mr. Mike Carey, Orange Coast College Sustainability Director, spoke about the significant impact of FOG in the waste stream and Mr. Mike Henry from Triple A Pumping and Jetting Service provided a demonstration of a pumping truck extracting FOG from two 50-gallon drums, The "Green Team" from Sonora Elementary School made a special appearance with approximately 25-30 kids holding up FOG posters, cheering and greeting the public as they arrived at the Recycling Center. Following the KTLA broadcast, Mr. Carey received over 30 phone calls and emails from residents requesting more information regarding the program. The inquiries came from all over Southern California, extending from Santa Barbara to San Clemente. Trotecting our community's fieaftfi by providing so(idwaste andsrrver coffection services cmsdca.gov Board of Directors February 23, 2012 Paae 2 of 3 This special collection event was funded through a grant from OC Waste and Recycling. The Orange Coast College Recycling Center is open to the public Monday through Saturday from 9:00 a.m. to 5:00 p.m. Even though the concept of recycling FOG is relatively new, Costa Mesa residents have embraced it. During the six-week pilot program, OCC collected 685 gallons of grease. Staff Recommendation Staff recommends the six-week Residential FOG Collection Event at Orange Coast College be extended year round. The program would continue for a period of two years, ending December 31, 2013 when the AB 939 Recycling Grant funds are fully utilized. Analysis Continuing the residential FOG program is very important for the CMSD and the community it serves. Keeping grease out of the drain benefits the homeowner, the District, and the environment. Some of the concerns regarding the implementation of a FOG program were: 1) spills, which could endanger the safety of residents and staff 2) strong odor exuding from the containers 3) attraction of vermin and 4) the potential for theft, since FOG is currently a very sought after commodity, Triple A Pumping and Jetting Service was very sensitive to these issues. They provided Orange Coast College with two wide mouthed, air tight, 50-gallon drums on wheels, Each morning, the FOG containers were placed in the front of the Recycling Center and in the evening, they were moved to the rear and stored behind a locked gate for additional security. Whenever the containers were nearing capacity, OCC staff called Triple A to schedule a pick-up. They were very responsive, typically collecting the FOG within 24 hours. From OCC, the FOG was transported to West Coast Rendering facility in Vernon, CA. to be recycled. Fortunately, none of the aforementioned situations occurred during the six-week pilot program. Staff believes the removal of 685 gallons of FOG from the waste stream is significant and indicates the program was a tremendous success. The disposal process was quick and convenient for residents, which is why it worked well in conjunction with the other daily recycling activities occurring at OCC. Strategic Element & Goal This program supports two objectives of the Strategic Plan: Element 4,0, Public Relations, which states: "Our objective is to inform and establish beneficial relations with the community." Board of Directors February 23, 2012 Page 3 of 3 Element 3.0, Partnerships, which states: "To foster beneficial relationships to accomplish the goals of the District" Legal Review Financial Review The Residential FOG Collection Event was funded through a grant from OC Waste and Recycling. The grant will expire on December 31, 2013 and currently, there is a remaining balance of $95,010. A total of $890 was spent for advertising pieces including an 8' banner displayed on the fence at OCC, FOG funnels used as promotional items, and the materials purchased for the KTLA Morning News. Triple A Pumping and Jetting does not charge Orange Coast College or the Costa Mesa Sanitary District for use of the 50-gallon containers, the collection, or the transport service to the processing facility. Alternative Actions 1. Direct staff to continue the Residential FOG Collection Program as an annual holiday event only. 2. Direct staff to terminate the Residential FOG Collection Program with the Orange Coast College Recycling Center and Triple A Pumping and Jetting Services. Meetina Date Item # 012/23/12 IX D. JA COST.-A 9WUA SAWTTXRTq)ISqWCT . . . "R, L rwe;pr, r"Vecut 0ou-mt Memorandum TO -. Board of Directoig From: Scott Carroll, General Managers :;:,;?—`"' Date: February 23, 2012 On January 26, 2012 staff presented to the Board of Directors four options for videoing Board meetings. The Board directed staff to report back with more information regarding the fourth option, which is to piggy back on the City of Costa Mesa's Granicus. account. The Board also directed staff to return with more information regarding this option. !E= That the Board of Directors approves videoing Board meetings and direct staff to purchase and install the required equipment. = W On January 26, 2012, staff presented to the Board of Directors four options for videoing Board meetings. The Board directed staff to report back with more information regarding the fourth option, which is to piggy back on the City of Costa Mesa's Granicus account. The Board also directed staff to return with more information regarding this option. The proposed system consists of one camera, an extension of the projector video, and a wireless conference room microphone that plugs into a four channel audio/video mixer with a touch LCD screen to select which video feed (projector or board members) is fed to a portable DVD recording drive made for capturing video. The system does not require a computer and is as simple as possibly can be. The main selling point of the system is the mixing board that will allow users to be able to visually monitor the feed from the mixer and select feeds with a simple touch while the video is captured directly to the DVD burner. T'rotecting out, connnunitys hearth andtfie envirawneta bY providi:ng sofidnaste andsewer correction services, IWWW. cinsdca,gor) Board of Directors February 23, 2012 Page 2 of 3 Attached are pictures and more information, regarding the equipment described above. The total cost to purchase the equipment is estimated at $5,0100, which includes $1,200 in various cables. This cost doubled from the estimate provided to the Board on January 26 because the District's IT consultant was able to research the right kind of equipment that will work for our situation. Staff estimates it will cost another $5,000 to install the equipment bringing the total to $10,000. The estimated cost is still far less than the other three options presented to the Board. Those costs are provided below. Option 1: Granicus — the total cost to subscribe to Granicus and purchase the necessary equipment is $17,125. There is an additional $1,230 monthly fee for a total of annual cost of $14,760. The total cost to subscribe to Granicus is $31,885. Option 2: Digital Networks Group — an integration company provide broadcasting and video retrieval of Board meetings. $14,798.58 Option 3: Monitor Video - to hire a post production company that can bring in their own equipment to video tape Board meetings, encode it for web streaming and then send the recording to staff is $1!,245 iper month for a total annual cost of $14,940. Strategic Element & Goal This item supports achieving Strategic Element No. 5.0, Administrative Management and Strategic Goal No. 5.4, IT Management Legal Review am,.r• * Financial Review The estimated cost for this project is $10,000. There is $8,000 appropriated in the FY 2011-12 Budget for online Board meetings, therefore the following budget adjustment is required: Account Account Number Increase Decrease Capital Outlay 20-200000-4795 $2,000 Contingency 20-200000-4990 $2,000, Copies of this report are on file and will be included with the entire agenda packet for the February 23, 2012 Board of Directors regular meeting at District Headquarters and on District website., Board of Directors February 23, 2012 Paae 3 of 3 Alternative Actions Do not approve videoing Board meetings and' continue with status quo. 232MEM • 0� Teresa Gonzalez Accounting Manager Attachments A: Video Equipment Canon VC C50iR - CCTV camera - 0668BOO I - Physical Security & IP Cameras - CDW.... Page I oft Canon VC C50iR - CCTV camera Mfg. Part: 0668BOOl I CDW Part: 804529 1 UNSPSC: 45121520 CCTV camera - PTZ - color - optical zoom: 26 x - motahzed $763.99 Advertised Price Availability: 5_-7AayA Product Overvo evv Technical ­_._ ... ....... Canon Main Features Designed to meet the specialized needs of the security industry, the VC-050iR delivers high-quality video from far distances and under the dimmest lighting CCTV camera condifions. Building on Canon's long-standing tradition as the leader in optics and PTZ image processing, it offers greater flexibility in the most demanding environments. color The VC-C60iR is perfect for professional-grade installations, providing a secure optical zoom: 26 x and sturdy connection interface. Capturing subjects beyond the scope of the motorized naked eye, it breathes new life into the world of monitoring. Specifications are provided by the manufacturer. Refer to the manufacturer for an explanation of the print speed and other ratings. Video Input Camera Type: Color or B&W Digital Zoom: CCTV camera Color 12 http://www.edw.com/shopilp pr oducts/Canon-VC-050iR-CCTV-camera/804529.aspx?printa... 2/13/2012 Canon VC C50iR - CCTV camera - 0668BOOl - Physical Security & IP Cameras - CDW.... Page 2 of 2 Features: Auto white balance , Manual white balance Focus Adjustment: Automatic, Manual Lens Aperture: F11.6-4.0 Optical Zoom: 26 Interface Required Connector Type: BNC Interface: Composite video output Total Qty: 1 Type: Display / video Type: Serial I video Optical Sensor Optical Sensor Type: CCD Total Pixels: 340,000 pixels Header Power adapter Compatibility: PC Manufacturer: Canon Model: C50iR Packaged Quantity: I Product Line: Canon VC Power Device Form Factor: External Type: Power adapter Dimensions & Weight CCTV cameras Depth: 4.9 in Height: 5.1 in Weight: 1.1 lbs Width: 3.9 in CcTV Camera Mechanical Design: Pan I tilt / zoom Camera Mount Type: Ceiling mount Equipment Category: CCTV cameras Focal Length Control: Motorized zoom Supported Video Signals: Composite video This page was printed on Feb 13, 2012 13:38 PM This page was printed on 2113/2012 1:38:46 PM. http://www.cdw.colnlshopl'productsICanon-VC-05OiR-CCTV-cameral8O4529.aspx?printa... 2/13/2012 Revolabs HD Microphone, RF-Armor"m Tabletop, Omni- directional` - 01-HDTBLMIC-... Page loft Revolabs HD Microphone, RF-Armor Tm Tabletop, Omni- directional* Mfg, Part: 01-HDTBLMIC-OM-1 I I CDW Part: 1685752 1 UNSPSC: 52161520 Wireless microphone $3,218.99 Advertised Price $45.99 Recommended Warranty: Advertised Price .... P I . .... . ..... Availability: 4-6 days Product Overview Technical Main Features The Revolabs HD Wireless Microphones provide a breakthrough in audio Wireless microphone performance for wireless microphones intended for speech applications! The HD Wireless Microphones provide the sound fidelity of wired microphones with the added appeal of a versatile wireless set-up. CID quality frequency response is a key reason for the improved audio performance. It brings the acoustic qualities of wired microphones into a conference room setting without the cumbersome wires. WME11= http://Www.edw.comlshoplproductsIRevolabs-HD-Microphone-RF-Armor-Tabletop-Omni... 2/13/2012 Revolabs HD Microphone, RF -ArmorTm Tabletop, Omni -directional* - 0 1 -HD TBLMI C-... Page 2of2 Specifications are provided by the manufacturer Referto the manufacturer for an explanation of the print speed and other ratings, Audio Input Connectivity Technology: Directivity Angle: Microphone Form Factor: Response Bandwidth: Type: Wireless Technology: Audio Input Detallis Frequency Response: Microphone Operation Mode: Audio System Wireless 360' External 50 - 20000 Hz Microphone Radio 50 - 20000 Hz Omni-directional Additional Features! Mute button Recommended Use: Conference phone Type: Wireless microphone Battery Tabletop Rechargeable Battery: Rechargeable Run Time (Up To). 8 hour(s) Technology: Lithium polymer Type: Microphone battery Dimensions & Weight Depth: 1 in Height: 0.7 in Weight: 1.1 oz Width: 3.5 in Header Country Kits: North America Manufacturer Revolabs Model: Tabletop Packaged Quantity: 1 Product Line: Revolabs HD This page was printed on Feb 13, 2012 13:38 PM This page was printed on 2/13/2012 1:38:12 PM. http://www.edw.comlshopl'productsIRevolabs-HD-Micro,phone-RF-Armor-Tabletop-Omni... 2/13/2012 Sony VRD-MC6 (- VRDMC6 - DVD-R/RW & Blu-Ray Drives - CDW.com Page I of 3 'Ihko a Product1bur Sony VRD-MC6 ( SON'Y Mfg. Part: VRDMC6 I CDW Part: 1800819 �I UNSPSC: 43201811 MC6 - DVD recorder - portable - display: 2.7' $199,99, Advertised Price $12.99 Recommended Warranty: Advertised Price 1 `{ear Re q Plu 0 ­­­­­­ -mat— 1117(7 199 9 Availability: In-Stock Product Overview Technical Main Features Save your home videos and photos onto DVD without a PC. From video tapes to digital images, the MC6 preserves your memories quickly and easily. Also record M06 high-definition AVCHD video from your Sony camcorder/camera. Built-in slots DVD recorder accept multiple memory cards. Preview videos and photos on the 2,7-inch LCD portable screen. display: 2.7" Technical Specifications http://www.edw.com/shop/products/Sony-VRD-MC6/1800819'.aspx?enkwrd=ALLPRODT ... 211312012 Sony VRD-MC6 (- VRDMC6 - DVD-R/RW & Blu-Ray Drives - CDW.com Page 2 of 3 Specifications are provided by the manufacturer. Refer to the manufacturer for an explanation of the print speed and other ratings Audio System Digital Audio Format: Dolby Digital output Sound Output Mode! Stereo Connections SDHC Memory Card Connector Location: Side Connector Type: RCA phone Qty: I Type: Composite video input Connector Type: RCA phono x 2 Type: Audio line-in Connector Type: 4 pin FireWire Type: IEEE 1394 (FireWire/i.LINK) Connector Type: 4 pin USE; Type A Type: US Display Diagonal Size (metric): 6.9 cm Output Type: Color Technology: TFT active matrix Type: LCD display DVD Form Factor: Portable Media Load Type: Tray Media Type: DVD+R, DVD+R DL, DVD+RW, DVD-R, DVD-RW Recordable Media: DVD+R, DVD+R DL, DVD+RW, DVD-R, DVD-RW Recording Mode: HQ, HSP, LP, SLP, SP Supported Digital Video Standards° AVCHD, H.264, MPEG-2 Type: DVD recorder DVD Features Additional Features: JPEG photo playback Header Manufacturer: Sony Computing and Video Model: VRD-MC6 Packaged Quantity: 1 Product Line: Sony DVDlrect Power Device Form Factor External Nominal Voltage: AC 120/230 V Power Consumption Operational: 30 Watt Type: Power adapter Service Support Details Full Contract Period: 1 year Support Details Type: Limited warranty Slot Provided Total Qty: 1 Type: Memory Stick PRO Duo Type: SO Memory Card Type: Memory Stick PRO Type: xD-Picture Card Type: SDHC Memory Card http://www.edw.com/shop/products/Sony-VRD-MC6/1800819.aspx?enkwrd=ALLPROD... 2/13/2012 Sony VRD-MC6 (- VRDMC6 - DVD-R/RW & Blu-Ray Drives - CDW.com Page 3 of 3 Type: Memory Stick Duo Type: Memory Stick PRO-HG Duo Storage Product Type: DVD recorder Dimensions& Weight Depth: 6,1 in Height: 2 in Weight: 1.5 Ibs Width: 5.7 in Display (Projector) Diagonal Size: 2.7 in Service & Support Type: 1 year warranty This page was printed on F'eb 13, 2012 13:40 PM This page was printed on 211,312012 1:40:26 PM. http://www.cdw.com/shop/products/Sony-VRD-MC6/1800819.aspx?enkwrd=ALLPROD... 2/13/2012 Edirol / Roland VR-3 AV Mixer 800.606.6969 / 212.444.6615 420 Ninth Avenue New York, NY 10001, USA Bt H Between 33rd & 34th street I , .. d e ­, "I I- . 1 , . Note! Estimated arrival at B&H is 7-14 days. Your order will only be charged at time of shipment. This Item Includes * USB Cable (A-Type to B-Type) 0 AC Adapter & Power Cord 0 1 Year Limited Warranty 4DIROLF- Compact Live Production Device v USB Output Enables Live Web Streaming o 4-Channel Video Switcher & Touch-Screen LCD Monitor for Switching a 4x Mono & 2x Stereo Audio Mix Channels m Live Video Compositing & Keying - Digital Audio Effects Including Delay a VGA & Composite Video Inputs & Outputs - Video Resolutions Up to 1366 x 768 m Headphone & Analog Audio Outputs B&H# ROVR3 - Mfr# VR-3 Price: $1,995.00 Availability: Temporarily out of stock Required/ Recommended Accessories The itern(s) listed below are recommended to enhance the use of the selected item above. System Extensions Edirol / Roland B&H# ROP10 P-10 Visual Presenter Mfr# P-10 Price, 1,295.00 Cables & Cable Management Pearstone B&H# PEPCRR6 Gold Series RCA Male to RCA Male Mfr# VARC-306 Composite Video Cable - 6' (1.8 m) Price. 1,0.95 Power Accessories Sanyo B&H# SASPI Pedal Juice - Rechargeable 9V Power for Mfr# ABC Pedals (White) Price. 129.99 Product Information The Roland VR-3 AV Mixer is a compact video and audio production device that allows you to mix multiple channels of audio, easily switch up to four channels of live video complete with effects, and stream the Page I of 4 http://www.bhphotovideo.comlbnhlcontrollerlhome?O=productDetail&A=printerFriendly... 2113/2012 Edirol / Roland \/A-3 A\/ Mixer output to the web via UBB. With computer video pass-through, it's perfect for live events that require projection of computer screen and a simultaneous live output stream of the proceedings via web services such asUstreamm, St|ckam, and more, The 4.4|b device accepts up to four composfte video sources such as video cameras &00players as well as a computer video (VGA) source. Atouch-screen LCD makes |t easy to access the menu and monitor &switch sources as you keep track orprogram output, The audio inputs are just as versatile: You get four mono (XLRITRS combination jacks) and two stereo inputs (both RCA and 3.5mm)' These c* course can be faded in and out easily via the VR'3`s sliders, For capturing room audio, there's also a built-in stereo m|cin the unit, TheVR-3 offers powerful effects |nthe realms of both sound and vision. For video, you can execute wipes and fades with the mixer, and you can even key in a green -screen -backed performer against a separate background vim the transparency knob., Audio effects include everb, BJ, and low- & high-pass filters, and there's also delay o[upto4seconds so you can ensure that your audio is in perfect sync with your video. The portable device is great for streaming live sports, worship events, school plays, conferences, class reunions - you name �t-AnAC power adapter |sincluded; 9V battery power |a optional. The compact VR-]AV Mixer always is ready to go. e Built-,In Touch-Screen LCD for Monitoring & Source Selection For easy video source & menu selection and monitoring, the mixer features a built-in touch-screen LCD. You can monitor four inputs and the output. The monitor can also be used tu view a quad display w[inputs, program out, or combination quad view with program out. When the [INPUT] button and [OUTPUT] button are pressed simultaneously, the output picture is overlaid on a four-way split screen of the input e Composite & PC Video Inputs Inputs 1-3 take a composite video input, while Input 4 is switchable between composite or VGA (PC video). A built-in scan converter |s available for the PC input to allow ittobe mixed with the other video sources. A PC loop output jack is also included, enabling direct connection to a projector or display with no reduction in resolution e Flexible Audio Mixing Options The mixer accepts four mono (XLR or 1/4" TRS) inputs as well as two stereo audio channels, all available to be mixed via the unit's sliders. GAIN/EV/PAN dials enable you to improve the sound very easily. There's also a buHt-in stereo microphone for capturing, mixing & recording ambient sound of the event e Video Effects Perform simple video compositing with theVR-3. In addition toTransition (mix/wipe) effects Pctune in Picture and Split-Screen are also available. Simply select an effect and the respective video sources Control transparency with m single knob. Advanced video composition such as placing a person or text over a background video source (chmma/|uma keying) can be fine-tuned using a single knob, for that perfect live green-screen shot e Audio Effects Built-in digital audio effects include Noise Gate EQ, Reverb Noise Suppressor, Enbancer, and Master Lo/Hi Filters. Select them using the menu on the touch-screen monitor. Reverbconhm| enables the adjustment of the sound space, while Master Lo/Hi Filters enable stable mixing for audio streaming * Live Production Page 2 of 4 http:llwww.bhphotovideo.comlbnhlcontrollerlhome?O=productDetail&A=printerFriendly... 2/13/2012 Edirol/Roland VR-3 AV Mixer Use the VR-] for live stage production that employ a projector or large display. Show u computer image os the main display or use the composite out for a mixed image a Live Streaming via USB The mixer is a USG video/audkzdevoe for web streaming n« recording the program output Loa PC/Mac. Stream the event (visuals and audio) to the internet by connecting to a computer via USB and linking to a live-steam/ng service (service not included) a Great for Schools, Seminars m Training Rooms TheVR-J has the footprint ofa standard sheet of paper, so it easily fits on s podium in a seminar/conference room, A signal from a PC can be sent through the VR-3 to the projector through the VGA terminal, Images from the PC (such as web browser or9owerPo|nior Keynote slides) plus DVD or document camera or video camera can all be switched easily mStre*m Live m the Internet from the Street TheVR-3 weighs less than 5 ±` so the unit can easily be taken anywhere, at any time. Carry it with m laptop and video camera. Using an external gV battery (not 6ncluded), the unit can operate for hours without AC power. Share the images from events, shopping malls, and festivals to your audience via the |ntemet o Multiple Inputs for Multi-Camera Production With multiple video inputs, you can use two or three cameras to create agreat viewing experience hor those watching your live stream, for events such as sports, Add a computer to the input tu overlay a time clock, scone, or even p|ayarstats using the mixer's oumpnsVtinq feature. Powering theVR-3 via battery - and hooking it up to your laptop equipped with a 3G or 4G mobile data card (all sold separately) - gives you a fully portable broadcast solution that's ready LoQo for any event a Audio Delay &wmre for Live Performance Streaming Control audio for better sound, with built-in equa||zer, noise gate, and reverb Ensure the audio always matches the video by adjusting the audio delay (up to 4 seconds) for that perfect lip sync. Use the memory function to recall settings that were locked in during rehearsals. This enables great-sounding events even when speech and live music are alternating m Produce Events & Stream Simultaneously TheVR-3 �s equipped with four video inputs and six audio inputs. It can be used flexibly |navenue w�th existing video cameras orPA equipment, Switched video images can be output to the PC for Internet distribution through the USB port, while using a projector or large TV monitor at the same time. Effectively produce events with video images from video cameras and m computer. Inspire people in remote locations by distributing live video images of a ceremony, reunion, or other important events Specifications Go To • Audio Video deo Inputs 4x RCA: Composite ix DB-15: VGA / computer video 2x RCA: Composite deo Outputs Ix RCA: Composite multi-preview 111x DB-15: VGA/ computer video loop-th Composite: NTSC or PAL Page 30f4 http://www.bhphotovideo.coi,nlbnhlcontrollerihome?O=productDetail&A=printerFriendly... 2/13/2012 Edirol / Roland VR-3 AV Mixer Video Formats Sampling Rate Input Level and Impedance Output Level and Impedance Audio Inputs Phantom Power VGA: 800 x 600 (120 Hz), 832 x 624 (75 Hz), 1024 x 768 (80 Hz), 1152 x 864 (75 Hz), 1152 x 870 (75 Hz), 1280 x 720 (60 Hz), 1280 x 768 (75 Hz), 1280 x 800 (75 Hz), 128 x 1024 (75 Hz), 1366 x 768 (75 Hz) -1 1rar-T.W11i. =I- refresh rate is the maximum value of each resolution. IClose 14:2:2 (Y:R-Y:B-Y), 8-bit, 13.5 MHz (ITU-R BT.601) Composite: I.OVp-p, 7551 VGA: 0.7Vp-p, 7591 (H,V: 5V TTQ Composite: I.OVp-p, 7592 VGA: 0.7Vp-p, 7592 (H,V: 5V TTQ Audio 4x XLR/TRS combo type, phantom power 2x RCA: 1x stereo analog 2x 3.5mm: 2x stereo mini 2x Internal microphones (stereo) 148V DC (unloaded maximum), 5mA (maximum load) 2 urrent value per channel 2x 1/4" TRS: 1x stereo analog Audio Outputs 2x RCA: 1x stereo analog Ix 1/4" TRS: Ix stereo headphone ix 3.5mm: Ix stereo mini headphone ISampling Rate I48 kHz (24-bit) XLRITRS: -68 to +4 dBu (Maximum: +22 dBu, 4 kQ) Input Level and Impedance RCA phono: -10 dBu (Maximum: +8 dBu, 15k51) �3.5mm: -15 dBu (Maximum: +3 dBu, 15 kQ) l1/4" TRS/RCA phono: -10 dBu (Maximum: +8 dBu, I Headphones: 25 mw + 25 mW, 1051.E Output Level and Impeclancell Please Note: dBu = 0.775Vrms Page 4 of 4 M'" http://Www.bhphotovideo.com/bnhlcontrollerlhome?O=productDetail&A=printerFriendly... 2/13/2012 Other Specs High-Speed USB: USS Type B, USB-VIDEO, USB-AUDIO USB Connector Resolution: 720 x 480 (29.97 fps / Motion -]PEG) Audio: 48 kHz/ 16-bit [Remote IMIDI in, out/through (5-pin DIN type2 Ibispiay E320 x 240 dot color LCD (touch screen) IPower Supply 19V DC lCurrent Draw 1,5A JDimensions 13.2 x 11.9 x 8.0" (8.03 x 30.30 x 20.27 cm) lWeiciht 114.4 lb (2.0 kg) Page 4 of 4 M'" http://Www.bhphotovideo.com/bnhlcontrollerlhome?O=productDetail&A=printerFriendly... 2/13/2012 Extron Electronics P/2 DA.2 PLUS Two Output VGA Distribution Amplifier Key Features * 300 MHz (-3dB) RGB video bandwidth, fully loaded • Compatible with VGA-QXGA resolutions Both outputs are individually buffered Routes all' video card ID bits through the local monitor output to allow for automatic resolution selection by DDC1 and DDC2 plug and play cards and projectors DIP-switch selectable Input and output sync impedance - Attached external, universal power supply Mod6 P/2 DA2 PLUS DESCRIPTION Vers�on Deschpuon Nu t # 1x2 VGA 60-046-03 Page I of 4 The Extron P/2 DA2 PLUS is a one input, two output, high resolution VGA distribution amplifier. Housed in a compact, durable enclosure, the P/2 DA2 PLUS is portable enough to fit into a briefcase for presenters on- the-go. The P/2 DA2 PLUS offers 300 MHz (-3 dB) RGB video bandwidth and is compatible with VGA-QXGA graphic cards, projectors and flat panel displays. 111133111M • Input: One male 15-pin HD connector on attached 5' (1.5 m) male VGA cable • Outputs: Two female 15-pin HD connectors • 300 MHz (-3dB) RGB video bandwidth, fully loaded • Compatible with VGA-QXGA resolutions • Both: outputs are individually buffered • Routes all video card ID bits through the local monitor output to allow for automatic resolution selection by DDC1 and DDC2 plug and play cards and projectors • DIP-switch selectable input and output sync impedance • Attached external, universal power supply OPTIONW AC(',',ESS0F(LES * T-VGA &PECIFICATIONS video Gain Unity Peaking Fixed Bandwidth 300 MHz (-3 dB) VGA and SVGA Termination Adapter Plug . . . . .............. ........ . . . .......... ............. . . ........ . .............................................................................................................................................................. Video input Number/signal type 1 VGA-QXGA RGBHV, RGBS, RGsB, RsGsBs, HDTV component video (with adapter) http://www.extron.com/product/printable.aspx?id=p2da2plusb 2/13/2012 Extr$nFJoc1mmnics Page 2of4 Connectors t male 15-pinHD cable (buUt-in) Pin connections ID bits on pins 4, 11, 12, and 15 are passed through to local nmmdor output (loop Output type -through). Input level Pin 9 is floating. Nominal level 1.OVm-p for Ymf component video Input impedance 0.7 Vp-p for RGB and for R-Yend B-Y uf component video Minimum/maximum levels Analog: 0.4Vto 1.4Vp-p with no offset aL unity gain Impedance 75 ohms Horizontal frequency 15 kHz tu135 kHz Vertical frequency 38 Hz to 170 Hz Return |uso <-38 dB @ 5MHz '........ __ ........ - Video output Number/signal type 1 VGA-QXGA RBBHV, RGBS, RGsB, KoGm8y. HDTV component video (with adapter % VGA-gXGA RG8HV, RGBS, RGsB, Fs5sBm local mnn|tmrnutpwb/|mmp-thmnmgh (ID bits are passed through.) Connectors 2 female 15-pin MD Nominal level 1.DVp-p for Yof component video O.7Vp'p for RGB and for R-Y and B-Yuf component video Minimum/maximum levels 0.4 Vto 1.4 Vp'p (follows input) Impedance 75 ohms Return loss -41 dB @ 5 MHz DC offset ±5 mV maximum with input at8 offset Sync Inputtype RG8HV,RGBS, RGsB,RsGsBs,bi-|evel and tU-level sync Output type RGBHV, RGBS, RGsB, RsGsBs, bi-level and tri-level sync Input level Analog mrTTL 1.7 V to 5 Vp-p Output level TTL: 0-5Vp'p, umterminated Input impedance 51Q ohms {defau|t}wr1Ok ohms, selectable Output impedance 25 ohms (defau|t)or50 ohms, selectable Max. propagation delay 60 n Max. rise/fall time 4 n Polarity Positive or negative (follows input) Attached external power supply 1OO VAC Lm 240 VAC, 50'60 Hz, 4.5 watts, external; to 12VDC, 1 A, regulated Power input requirements Cooling Mounting Rack mount Enclosure type Enclosure dimensions Product weight Shipping weight Vibration, Regu|atorycompK|amce Safety EMI/EMC 12VDC, 0.2A Storage: -40 to +158 "F(-40 to +70 OC) 10% to 90%, nomondeogng Operating: +32 to *122 mF(Oto +50°C)/ 1096to 9096, noncondems|ng Convection, no vents No Plastic 1.5" H x5.O"VVx2.5" Q (3.8 cm H x 12.7cmVVx6.4cm D) (Depth excludes cunoecturs.) 1.6|bs(0.7 kg) 3|bs(2kg) ISTA 1A in carton (International Safe Transit Association) CE, c-UL, UL CE 30,000hours 3 years parts and labor All nominal levels are at ± 1096. Specifications are subject to change without notice. (7.6-082709-D12) http://www.extron.com/product/Prii,itable.aspx?id=p2da2plusb 2/13/2012 Extron Electronics DIAGRAM Projon clor RANEL DRAWING http://www.extron.com/product/Printable.aspx?id=p2da2plusb 2/1312012 Extron Electronics Extron Pal LOCAL MON Ot4 ---------- OFF Rai 1 ZV --- 0,xA MAX PJ2 DA2 PLUS OUTPUT @ 2012 Extron Electronics. Specifications are subject to change without notice. Page 4 of 4 http://www.extron.com/product/printable.aspx?id=p2da2plusb 2/13/2012 To: Board of Directors Via: Scott Carroll, General Manageo;;:-,;�— From: Anna Sanchez, Administrative Service Manager Date: February 23, 2012 Summa As required by Section 1367.08 of the California Health and Safety Code and Section 10604.5 of the California Insurance Code, the Costa Mesa Sanitary District must disclose any group health insurance premiums, fees, and commissions paid to all agents, providers, and brokers. Staff recommends the Board receive and file the report for calendar year 2011, Section 1367.08 of the Health and Safety Code A health care service plan shall annually disclose to the governing board of a public agency that is the subscriber of a group contract, the name and address of, and amount paid to, any agent, broker, or individual to whom the plan paid fees or commissions related to the public agency's group contract. As part of this disclosure, the health care service plan shall include the name, address, and amounts paid to the specific agents, brokers, or individuals involved in transactions with the public agency. The compensation disclosure required by this section is in addition to any other compensation disclosure requirements that exist under law. Section 10604.5 of the Insurance Code An insurer shall annually disclose to the governing board of a public agency that is the policyholder of a group health insurance policy, the name and address of, and amount paid to, any agent, broker, or individual to whom the insurer paid fees or commissions related to the public agency's group health insurance policy. As part of (Protecting aur community's fioartfi 6y praoiding sofa' .waste andsewer co(rection! services cmscfra.gov Board of Directors February 23, 2012 Page 2 of 2 this disclosure, the insurer shall include the name, address, and amounts paid to the specific agents, brokers, or individuals involved in transactions with the public agency. The compensation disclosure required by this section is in addition to any other compensation disclosure requirements that exist under law. Summary of Health Benefits CalPERS administers and negotiates rates and coverage for all District medical plans. Services provided by CalPERS includes: plan design, negotiating with medical and pharmaceutical carriers, developing and printing plan summaries, outlines and brochures, billing, claims processing, hosting an online database for enrollments and changes, participant appeals and grievances, website design and maintenance, and free workshops/seminars for employers, employees, and retirees. All non-medical health plans which include dental, vision, life, long-term disability, voluntary AD&D, and other individual plans such as cancer, and short-term disability are administered and/or brokered by SDRMA (Special District Risk Management Authority) and Aflac. Services provided by SDRMA and Aflac includes: plan design options, negotiating rates and benefits with carriers, legal and compliance updates and advice, open enrollment support, assistance with claims processing and resolution, free workshops and seminars to staff. Although the District obtains non-medical health plans through SDRMA, the disclosure codes do not apply because the agency only administers the non-medical programs through the California State Associations of Counties Excess Insurance Authority (CSAC-EIA Health) and do not contract directly with brokers or insurance carriers of the Health Benefit Programs. Medical Broker/ Administrator Non-Medical Broker California Public Employee American Family Life Assurance Retirement Services (CalPERS) Company of Columbus (Aflac) 400 Q Street P.O. Box 15879 Sacramento, CA 94229 San Diego, CA 92175 IPercent of Plan Broker Total Fees/ Fees to Year Administrator Coverage Premiums Commissions Premiums 2011 CalPERS Medical $ 79,811.37 $ 358,44 0.451 Non- 2011 Aflac Medical $ 8,776,54 $ 1,948.41 22.201 Board of Directors February 23, 2012 Facie 2 of 2 T! M4 Legal Review MMMS�* Financial Review sr,� ,M- Committee Recommendation omm a = 0113 Copies of this report are on file and will be included with the entire agenda packet for the February 23, 2012 Board of Directors regular meeting at District Headquarters and on District's website. Alternative Actions 1. Refer the matter back to staff W"PzWHM3H1� CMSD BOARD OF DIRECTORS RECYCLING COMMITTEE Board of Directors Schedule for Attendance lift! Tuesday, February 21, 201.2 - 10:30 a.m. Costa Mesa SanitaL)7 District, 628 W 191h Stre-U,,j Meeting Date Item # 1, Recycling Report — January 2012 0 Update on how CMSD is inecting A.13 939 goals IL Waste Diversion Report --january 2012 a UPCIMC 011 tine ',1MOU111 of rccy-cliiig mater-ials diverted from the landfill Ill. Ordinance Enforcement Officer's January Report 0 Re-%icw OE0 enfotcernent activities for trash cans, graffiti and scavenging IV, Scavenging Report Re6ew scnivenging activities reported to V� Zero Waste Awards a CR&R Vi, Discovery Science Center — Oral Report a Presentation from Sean Fitzgerald on the new In co Challenge F.,xhibltand Education Prof rarn V11. Telephone Book Recycling Program — Oral Report ?'ill. Banners on. CR&R Trucks a Discuss content and Advertising schedule of upcorr6ng programs or events XL This is the time to receive any comments from members of the public, Xii, Discuss iterns for next Recycling Committee meeting. Next Meeting Date — March 19, 2012 Dated: February 14, 2012 Clerk of the District C44 Y. LL 0 w CL Z LU UJ > 0 U) OR 0 CL �o Lu 15 N , c 0 0) CL < M I Z 0 >.co 0) AD of cm 0 co m 0 c 0 1, d C4 C Cu MIT-) m -EL F. 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U) (D CL cm N C E Z 01 1 (D Cq a) z c7 CD C> Via: Scott Carroll, General Manaw�'��-- From: Robin B. 1- tamers, District Engineer Date: February 23, 2012 Subject: #185 System Wide Sewer Reconstruction Phase I Acceptance of Improvements Construction of the improvements was completed on February 10, 2012, therefore, it is appropriate for the District to accept the improvements and file a notice of completion. Staff Recommendation That the Board of Directors approves the following action: Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. 3. Exonerate Labor and Material Bond after Notice of Completion is recorded and exonerate Faithful Performance Bond one year of Notice of Completion is recorded. =11' . ... ... . . ...... The District televised its entire sewer system from January 2006 to March 2009 and found 255 Grade 5 sewer deficiencies. Grade 5 deficiencies require immediate attention as the risk of collaspse or failure is high and failures may result in sanitary sewer overflows (SSOs). The Board of Directors chose to reconstruct these deficiencies in a four-year period with an approximate $1 million per year construction cost, however, due to the competitive bidding environment, the low bid for Phase I was $455,683. Instead of q -otecting our cominrun ity s hea(tfi and the environment b providingsofidwaste andsewercorkction services. Y www. cmsdca.,gov Board of Directors February 23, 2012 Page 2 of 3 repairing just the 67 segments with Grade 5 deficiencies shown in the plans and specifications, extra work was awarded resulting in 95 segments rehabilitated. The work included 10 change orders, six of which were minor and included reasons such as the necessity of an additional 4' short liner and these six totalled $6,957. The four major change orders were as follows: Change Order 1 The District took advantage of Sancon's low bid by converting 21 segments from multiple short liners to full-length lining at a cost of $53,236. The full-length lining stabilized the Grade 3s and 4s and provides better long term stability. Change Order 2 The District again took advantage of the low prices by adding into the contract 22 additional segments with Grade 5 deficiencies and installed short liners as appropriate. The change order was for $63,930. Change Order 6 Between the use of the 2006-2009 video data base and Sancon's work in late 2011, two segments on Newport Blvd. deteriorated to the point of requiring dig and replace instead of lining. The change order was for $16,469 and also included adjusting a buried manhole cover to grade. Change Order 7 Towards the end of the project, the District again took advantage of the low total price of the project and added full-length lining to four segments on Logan Avenue at a cost of $43,351 thereby removing hot spots related to tree root growth. The total change order amount for all 10 change orders was $183,943.60. Change Order 3 was for substituting fold-and-formed pipe instead of cured-in-place-pipe to demonstrate new advancements in technology including better curing methods. Other agencies were invited to attend. 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 is "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." The Attorney for the District prepared the construction contract for the work and worked closely with staff in issuance of the change orders. Board of Directors February 23, 2012 Pace 3 of 3 Financial Review The total construction contract with Sancon Engineering is in the amount of $639,627, including the 5% retention in the amount of $31,981. The original construction contract was in the amount of $455,683, to which an additional $183,944 was added in change orders for a total construction amount of $639,627. The engineering design and contract administration/inspection costs paid to Robin Hamers & Associates were $85,300 and $24,003, respectively for a total of $109,303. Project #185 incurred additional costs in the form of emergency repairs and miscellaneous printing costs. Prior to construction, two of the identified Grade 5 sewer deficiencies required emergency repairs. GCI Construction was paid $10,850 to provide emergency repairs on 17th Street-, and Nikola Corporations was paid $7,505 to provide emergency repairs on Carnegie Street sewer. In summary the total project costs are estimated at $767,323. The total approved budget for Project #185 — System Wide Sewer Reconstruction Phase I was $1,086,000, therefore Project #185 is projected to be under budget by approximately $318,677. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the agenda packet for the February 23, 2012 Board of Directors regular meeting at District Headquarters and on the District's website. Alternative Actions 1. Refer the matter back to staff for additional information Attachment: Notice of Completion Reviewed by: Teresa Gonzalez Accounting Manager EXEMPT RECORDING REQUESTED PURSUANT TO SECTION 6103, GOVERNMENT CODE JOAN REVAK CLERK OF THE DISTRICT COSTA MESA SANITARY DISTRICT 628 W. 19Th STREET COSTA MESA, CA 92627-2716 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner of sewer facilities as hereinafter described. 2. The full name of the undersigned is COSTA MESA SANITARY DISTRICT. 3. The full address of the undersigned is 628 W. 19"' Street, Costa Mesa, CA 92627-2718. 4. The nature of the title of the undersigned is owner of sanitary sewer main line facilities subject to the following project, #185 System Wide Sewer Reconstruction Phase I 5. The fall names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None 6. The names of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: None 7. A work of improvement on the property hereinafter described was completed on or around February 1, 2012. 8. The name of the contractor, if any, for such work of improvement was: Sancon Engineering 5841 Engineer Dr. Huntington Beach, Ca 92649 9. The property of which said work of improvement was completed is in the County of Orange, State of California, and is described as follows: #185 System Wide Sewer Reconstruction Phase I 10, The street address of said property is: various DATED this day of 2012. COSTA MESA SANITARY DISTRICT ATTEST: MIKE SCHEAFER, SECRETARY STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF COSTA MESA ) The undersigned, being duly sworn says: That he is the President of the Costa Mesa Sanitary District; that he has read the foregoing instrument and knows the content thereof, and that the facts stated therein are true, and that he makes this certification by authorization granted by the Board of Directors of the Costa Mesa Sanitary District. EXEMPT RECORDING REQUESTED PURSUANT TO SECTION 6103, GOVERNMENT CODE JOAN REVAK CLERK OF THE DISTRICT COSTA MESA SANITARY DISTRICT 628 W. 19TH STREET COSTA MESA, CA 92627-2716 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner of sewer facilities as hereinafter described. 2. The full name of the undersigned is COSTA MESA SANITARY DISTRICT. 3. The full address of the undersigned is 628 W. 19t" Street, Costa Mesa, CA 92627-2718. 4. The nature of the title of the undersigned is owner of sanitary sewer main line facilities subject to the following project: #185 System Wide Sewer Reconstruction Phase I 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None 6. The names of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: None 7. A work of improvement on the property hereinafter described was completed on or around February 1, 2012. 8. The name of the contractor, if any, for such work of improvement was: Sancon Engineering 5841 Engineer Dr. Huntington Beach, Ca 92649 9. The property of which said work of improvement was completed is in the County of Orange, State of California, and is described as follows: #185 S ystem Wide Sewer Reconstruction Phase I 10. The street address of said property is: various DATED this day of 2012. COSTA MESA SANITARY DISTRICT ROBERT J. OOTEN, PRESIDENT MIKE SCHEAFER, SECRETARY STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF COSTA MESA ) The undersigned, being duly sworn says: That he is the President of the Costa Mesa Sanitary District; that he has read the foregoing instrument and knows the content thereof, and that the facts stated therein are true, and that he makes this certification by authorization granted by the Board of Directors of the Costa Mesa Sanitary District. Meeting Date litem # 021/23/12 X11. A. - 3V" CMSD BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE AGENDA Board of Directors Schedule for Attenidance Chairman Ooten and Director Fitzpatrick Alternate: Directoir Perry 0514IN' Im February, 14, 2012, 10.30 a.m. Costa Mesa Sanitary District, 628 W. 191h Street STANDING REPORTS NEW DlSCUSSION ITEMS .............. . . ...... . .... . .. . .... —.— 11. Waste Discharge Requirements (WDR) Triennial! Review 0 Discuss report regarding State Water Board workshop heid 1/24/12 Ill. Development Update Receive an update on now development that includes the following: a. Retail & Residential, Hamilton St/Harbor Blvd & Charle Street b. Segerstrom Senior Housing 1500 Mesa Verde Drive --- Ordi Report c. Vivante on the Coast Senior Housing; Monrovia Avenue – Oral Report d, Fresh & Easy, Chick-fil-A, Sonic, AUtoZone, Five Guys, Harbor Blvd – Oral Report lV. CMSD Plumber's Seminar 9 Receive an overview of CMSD sponsored seminars on 1118/12 and 2/9112 V. CI P Overview & Lessons Learned 0 Receive and discuss report VI„ CMSD Facts & Figures a Review and discuss facts and data regarding sewers in CMSD CMSD PROJECT& VII. A. Project #101 West Side Pumping Station Abandonment – Status 0 Review and discuss proposed preliminary engineering and overall scope of work B. Project # 129 Bristol Street Sewer Phase It – Status 0 Contractor is potholing utilities prior to beginning construction C. ProJect #171 Irvine Pumping Station Force Main - Status a Bid opening is 2/14/12 and the results will be provided at the March regular Board meeting D. Project #185 System Wide Sewer Reconstruction Phase I - Status Construction was completed on 2/10/12 and 95 segments were reconstructed; acceptance of improvements is scheduled for the March regular Board meeting Sewer SysteM CornrrflUee February 14,'2012 PUBLIC COMMENTS X0. This is the time to receive any comments from members of the pubk. Next Meeting Date: March 13, 2012 Uerk of the Di�strict To: The Board of Directors From: Alan R. Burns, District Counsel Date: February 23, 2012 Subject: Sewer Abatement and Cost Collection Ordinance OM=A The proposed ordinance would provide the District staff with the clearest ability to abate and collect the costs for sewer system overflows and a variety of other damaging situations that are caused by violations of our Operations Code. Staff Recommendation Staff recommends that you adopt the proposed ordinance that will provide staff with clear authority for abatement and collection of District costs. Analysis The District has the authority to abate violations of its ordinances in a variety of settings and to recover the costs, The District originally focused on grease (FOG) in laterals and has now also focused on roots as a cause of sewer system overflows. Those SSOs can come from a variety of violations of our Operations Code, and staff has identified a need to have an overall procedure for abatement and collection of costs. The proposed ordinance would provide a general authority for abatement of spills and other damage caused by a variety of violations of our Operations Code. The abatement and recovery of costs statutory scheme incorporates appropriate due process protections. The first protection is a preliminary determination by staff that abatement is necessary for the public health, safety or welfare. That might involve a sewer spill in which raw sewage is in a parking, lot or public street. In the case of sewage in a private parking lot, our procedure will allow preliminary attempts to contact the owner for privately contracted sewage cleanup, but in the public street spill scenario (and in all likelihood in the private parking lot scenario), abatement by public forces (on-call contractors) will likely be required d!ue to the need, to respond quickly before the public health is threatened. Trotecting our community's heafth andtfie environment 6yprovidingsolidwaste andsewcrco[2C ction services. Un'M cmsdca.gow Board of Directors February 23, 2012 Pane 2 of 3 If District forces respond, the owner will be given an opportunity to observe the clean up so that person can determine the cause and the appropriateness of the cleanup. The need for the abatement, the need for public forces abatement, and the appropriateness of the costs will all be subject to a later due process hearing in which the District will present its evidence (photos, logs, statements and videos, etc.) about how the spill occurred and what it cost to abate it. If the Board or the hearing officer hearing the matter agree, the charges willl be confirmed. The property owner or other responsible person will then have the opportunity to pay the costs or the District can cause the charges to be added to the sewer bill for ultimate collection on the property tax bill. Strategic Plan Element and Goal This item supports achieving the objective of Strategic Element No. 1.0, which states: "Our objective is to col/ect and transport wastewater to meet the needs of existing and future customers." This item also supports achieving the objective of Strategic Element No. 5.0, Administrative Management, and Strategic Goal No. 5.1, Update Operations Code, Legal Review The ordinance was prepared by District Counsel, in consultation with the General Manager and District Engineer. Financial Review The direct fiscal impact to the District is unknown at this time. However, this ordinance wil'l strengthen our authority to abate and collect and thereby shift the cost of these necessary tasks from the general law abiding ratepayers to those who cause the problem. Committee Recommendation The sewer system committee endorses passage of the ordinance. Copies of this report are on file and will be included with the entire agenda packet for the February 23, 2012 Board of Directors regular meeting at District Headquarters and on District's website. Board of Directors February 23, 2012 Page 3 of 3 Alternative Action 1. Do not adopt Ordinance No. 89 and continue with existing ordinances, which does provide authority to perform abatements. However, it is always recommended that we have the clearest authority to govern our actions to reduce the risk of technical challenges. Attachment A. Ordinance No. 89 Attachment A A WHEREAS, the District is a sanitary district established pursuant to the authority of the Sanitary District Act of 1,923 (Health & Safety Code §§ 6400 et seq.); and WHEREAS, the District has been provided with the authority to compel connection to its sewer system and has the authority to adopt regulations for sanitary purposes not in conflict with other laws (Health & Safety Code § 6521); and WHEREAS, the District may terminate service for property that is in violation of the District's rules (Health & Safety Code § 6523.2); and WHEREAS, the District may correct violations of its ordinances and add the costs of correction onto the sewer service charge payable for the property (Health & Safety Code § 6523.3); and WHEREAS, the State Water Resources Control Board has issued an Order (No. 2066-0003) requiring the District to have an overflow emergency response program in place for the sewer system as well as legal authority to maintain the sewer system so as to prevent overflows; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 11. That Chapter 6.10 is hereby added to the Costa Mesa Sanitary District Operations Code to read as follows: "Chapter 6.10 ME393= Section 6.10.010. Purpose. This Chapter shall identify the authority and provide a reference for cost recovery when abatement and enforcement efforts are required to abate violations or to correct violations pertaining to the sewer system, including the sewer laterals that connect to District's system. The intent of this chapter is to provide the mechanism for the District to recover costs when abatement is required for various conditions that constitute violations of this code, including, but not limited to, conditions arising from fats, oils, grease, roots or other conditions of sewer laterals or the District's lines caused by a property owner or Authority for Recovery of Abatement Costs Ordinance Page 2 of 3 occupier or other person who causes a condition that needs to be abated or corrected. The authority for the cost recovery is provided in Health and Safety Code Section 6523.3, which provides that the District may correct any violation of an ordinance of the District and providing further that the cost of such correction shall be added to the sewer service charge of the person violating the ordinance or the tenant or owner of the property upon which the violation occurred. Section 6.10.020. Abatement. Whenever a condition exists that is in violation of this code or any applicable State Waste Discharge Order, the District may determine to abate the conditions if necessary for the immediate preservation of the health, safety or welfare of the public. Section 6.10.030. Notice and dlue Process. The responsible party shall be provided with appropriate due process before abatement occurs, if possible. Such due process shall be commensurate with the emergency condition necessitating abatement. Whenever possible, that due process shall include attempts to contact the responsible party of the conditions that exist and provide an opportunity to review those conditions before the same are abated if consistent with the immediate public health, welfare and safety concerns. If possible and consistent with the public health, safety and welfare, the responsible party shall be given an opportunity to abate the property using his/her own forces. Section 6.10.040. Abatement by District forces. Should District not be able to contact the responsible party or should District's General Manager or District Engineer determine that the situation must be abated immediately and without allowing the responsible party to abate the condition using his/her own forces, the District shall attempt to provide the responsible party with an opportunity to witness the abatement by District staff, which may include District contractors. District staff shall also provide photographs and other evidence of the abatement if they exist to the responsible party thereafter. Section 6.110.050. Hearing on the abatement. If District determines to abate the property using District forces, which includes District contractors, it shall provide the responsible party with a copy of the report of the incident and the abatement efforts, including photographs, video and other memorialization as may exist of the conditions and abatement efforts, including costs by hour and rate. The responsible party shall be entitled to a hearing, which shall be an informal opportunity to present evidence contesting his responsibility, the fact that the conditions constituted a threat to the public health, safety or welfare, and the costs of the abatement. Authority for Recovery of Abatement Costs Ordinance Page 3 of 3 Section 6.10.060. Collection of the abatement charges. If the District Board confirms the charges, District staff shall collect those charges by separate invoice sent directly to the property owner. If said charges are not paid within, 30 days, District may add said charges on the regular tax roll in accordance with the authority provided in Government Code Section 6523.3. That section provides that the costs of correction may be added to the sewer charges otherwise due and payable, and the District shall have such remedies for collection as are available for those charges." Section 2. Should any part, clause or section of this Ordlinance 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 j 2012. Secretary To: Board of DirectorM From: Alan R. Bums, District Counsel *ate: February 23, 2012 Subject: General Manager's Employment Agreement — Second Amendment Mu=5 The General IManager's anniversary date of employment with the District is January 4{". As a stipulation of the General Manager's employment agreement, the Board of Directors shall review and evaluate his performance annually. Staff Recommendation That the Board of Directors approves the Second Amendment of the General Manager's employment agreement Analysis On January 26, 2012 the Board of Directors authorized President Ooten to negotiate with the General Manager a salary raise for his performance in 2011. Attached as Attachment "B" are the performance goals the Board set for the General Manager along with the achievements. Attachment "C" is a copy of the accomplishments the District achieved in 2011. President Ooten and the General Manager have faithfully negotiated and agreed upon an annual salary increase of five percent. Attached for your approval consideration is the second amendment to the General Manager's employment agreement that reflects the five percent salary increase. Strategic Element & Goal MEMO= Protecting our coimnunitys heafth and the environment by providing soridwaste a ndsewerco( ction ser vices. www. cinsdca,gov Board of Directors February 23, 2012 Page 2 of 2 District Counsel drafted and approved to form the second amendment. Financial Review The additional compensation to the General Manager totals $7,909.20 annually. Alternative Actions 1. Do not approve the second amendment of the General Manager's contract Attachments A: Second Amendment to Employment Agreement (General Manager) B- General Manager 2011 Performance Goals C: CMSD 2011 Accomplishments Attachment A 1. ON I A This Second Amendment to Agreement is made this day of 0 2012, by and between the Costa Mesa Sanitary District, a sanitary district established pursuant to Health and Safety Code Section 6400 et seq., ("District") and Scott Carroll ("General Manager") with reference to the following facts: RECITALS WHEREAS, District hired General Manager after a competitive search and entered into an employment agreement dated January 4, 2010 with General Manager (hereinafter referred to as "Agreement"); and WHEREAS, the Board has reviewed General Managers performance and increased his compensation and severance pay pursuant to a review that was memorialized in the First Amendment to Employment Agreement; and WHEREAS, the Board has again reviewed General Manager's performance and has agreed to increase his compensation again in the amount of 5% as a merit increase; and WHEREAS, the President and General Manager were able to reach agreement on the above and desire to amend the Agreement to reflect those modifications; and NOW, THEREFORE, in consideration of the above, the parties do now AGREE as follows: Section 1. That Section 4 of the Agreement is hereby amended to read: LMEF� A. Effective January 4, 2012, District agrees to pay Manager for his services rendered hereunder a base salary of One Hundred Sixty-Six Thousand Ninety-Three Dollars and Twenty Cents ($166,093.20) per year in installments at the same time as other employees of the District are paid. B. In addition, the District agrees that the Board of Directors shall annually evaluate Manager's performance and may consider adjustments to said base salary and/or other benefits of Manager in such 1 amounts and to such extent as the Board of Directors may determine desirable and appropriate." Section 2. That except as expressly modified herein, the terms and conditions of the Agreement, as modified by the First Amendment in so far as increased severance pay is provided, shall remain in effect and govern the rights of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed the day and year first above written. COSTA MESA SANITARY DISTRICT SCOTT CARROLL President Secretary APPROTTED AS TO FORrTli: District Counsel • Signature Attachment B W&W-PIRr-TTITM Complete. This was done, after the general manager completed a thorough root abatement analysis that identified at least 11 hotspot locations can be eliminated by using a combination of top hats,, short lining and CIPP full length lining. The analysis also concluded that removing two trees will resolve root 1. Increase productivity of the sewer crew issues at two locations. The root abatement will save 44 annual maintenance hours that can be used elsewhere in the sewer crew productivity like annual cleaning of sewer lines and regular checkups on pump stations. Under the general manager's leadership, CIVISD has successfully reduced the Hotspot locations from 94 to 57, which is a 42% reduction in a year time span, Complete. The general manager successfully obtained the parcel data from the County of 2. Finish the implementation of the GIS with Orange at a substantially reduced rate ($2,658 the parcel data instead of $22,000). The data has been uploaded in the GIS and the system was transferred to the CIVISD's server on December 9, 2011. 3. Coordinate the CCTV data on residential root intrusion in the laterals with the SLP Not Complete through the use of the GIS to see if roots in the lateral and the program are the same 4. Investigate the use of a permanent sewer manhole vent hole plugging program Not Complete Complete. In 2011: CMSD sold 246 5. Develop resident friendly recycle programs composting bins; 18 vermicomposting bins; to decrease the trash tonnage distributed over 300 lockable trash containers and implemented a junk mail program that eliminates receiving unwanted junk mail, Complete. On April 29, 2011 the general 6. Study the administrative cost of the trash manager submitted to the Board an analysis of service by comparing it to other agencies the District's solid waste overhead, which was thought to be 171. The general manager discovered that the District's overhead CMSID General Manager 2011 Performance Goals Page 2 of 3 actuially fluctuates from 13 to 15 percent annually because of the quantities of trash tonnage disposed at the landfill and the occupancy count varies from month to month. Complete. The next plumber workshops are scheduled for January and February 2012, in 7. Develop education processes for addition, the general manager delegated the plumbers/residents/city concerning sewer creation of a new flyer that will be lateral program disseminated to residents on how to avoid paying too much for sewer improvements. The flyer describes a 10 step process for the sewer lateral assistance program. Complete. The general manager developed and shared a succession plan to the Board on April 28, 2011 during the preliminary budget review process. Employees received new titles and pay ranges to go along with their new duties. For instance, the Program 8. Develop and share a succession plan with Assistant was promoted to Management staff and the Board Analyst and this position is now responsible for solid waste issues that were once the responsibility of the Operations Manager. The Accountant I was promoted to Accounting Manager and this position is now responsible for all finances including preparing the annual budget that was once the responsibility of the Administrative Manager. Complete. The general manager completed a 9. Stay vigilant in the mitigation of SSOs due very comprehensive Standard Operating to the regulatory risk Procedures (SOP) that provides guidelines for responding to, cleaning up and reporting SSOs that may occur within CMSD's service area. Complete. District consultant, EEC, completed the audit and the Board approved the document on April 28, 2011. The minor 10. Prepare for the eventual SSMP audit nonconformance issues identified by EEC are complete and the amendments to the SSMP have been incorporated and recertified by the Board on June 23, 2011. 11. Implement the asset management Complete. On April 28, 2011, the Board directed the general manager to establish an program asset management fund that is sustainable for CM SD General Manager 2011 Performance Goals Page 3 of 3 the next 30 years and to begin by establishing an asset management fund with a minimum balance of $5 million. This goal was achieved in the FY11-12 Budget where an asset management fund of $5 million was established. Complete. The general manager successfully completed CSDA's Special District Leadership Academy —The Academy encompasses 12. Complete CSDA courses in finance and everything a general manager needs to know governance, about Governance Foundation, Setting Direction and Community Leadership, Finance and Fiscal Accountability, and Human Resources 13. Provide a clear Strategic Plan message Not Complete Attachment C 2011 �.ceom� /r�iaznint6 Costa Mesa Sanitary District "Success is never final,. Failure is never fatal If is courage that counts." Winston Churchill all M=`1 • Adopted pension reform by implementing a two tier pension system. The pension formula for new employees is 2% @ 60 and employees pay their full share of retirement cost, which is 7% of their annual salary • Successfully implemented a Paperless Agenda Program that will save ap- proximately 40,000 pages of printed paper a year and an annual cost savings of nearly $11,000. • CMSD is the first public entity in Orange County to successfully implement a lockable trash can program to deter scavenging. • CMSD is the first public entity in Orange County to successfully implement a recycling program for used cooking grease. • Installed an emergency generator at District Headquarters to provide pow- er to the building and to the District's Emergency Operations Center (EOC). • Approved installing high water monitoring devices under eleven critical manhole covers to monitor and detect high water before reaching the sur- face, The "Smart Covers" is another tool to prevent sanitary sewer over- flows (SSOS) • Successfully developed a Sewer Root Control Program by using no-dig technology to prevent SSOs in the future. • Implemented an Asset Management Program to fund and replace infra- structure when it reaches the end of its lifecycle and developed a minimum asset management fund of $5 million. • Successfully repaired 123, Grade 5 sewer line segments that were classi- fied as "imminent failure" at a cost of $704,487. • Awarded LEER Platinum by U.S. Green Building Council for the District Yard • Awarded Bronze Education Excellence by the Solid Waste Association of North America for the District's Telephone Book Recycling Program. • KTLA Channel 5 Morning News reporter Gayle Anderson visited Costa Me- sa for a story about CMSD's Residential Grease Recycling Program. To see more of CMSD"s 2�01 1 Accomplishments, please read the following pages Page 2 2011 Accomplishments Administration • Approved revising District's Standby Policy • Successfully conducted an employee satisfaction survey where 92% of staff gives the District an overall approval rating and 80% of staff believes the District is heading in the right direction. 90% of staff said the District is a good place to work. • Adopted Ordinance No. 82, Amending Section 4.03.010 of the Operations Code to Allow Budget Transfer • Adopted Ordinance No. 83, Establishing Legal Duties to Maintain Sewer Lat- erals so as to Not Damage District Property or Cause Sewer Spills and Pro- hibiting Dumping Debris into District's System • Adopted Ordinance No. 84, Amending Alternate District Engineer's Responsi- bilities • Successfully obtained the parcel data from the County of Orange at a sub- stantially reduced rate ($2,658 instead of $22,000) to be uploaded in the District's GIS • Successfully implemented'! a Paperless Agenda Program that will save ap- proximately 40,000 pages of printed paper a year and an annual cost sav- ings of nearly $11,000 • Developed and implemented a Succession Plan where District staff received new titles and pay ranges to go along with their new duties. Successfully recruited three vacant positions (Office Specialist 1, Maintenance Worker I & Administrative Services Manager) Adopted a two tier pension system Developed and implemented Respectful Workplace Policy Developed and implemented Preventing Violence in the Workplace Policy • Developed and implemented Drug and Alcohol Abuse Policy • Successfully annexed! the five remaining islands to the District's service area • Two District maintenance workers passed and obtained CWEA Grade I Cer- tification • Adopted: a Records Management and Retention Program • Implemented a successful Maintenance Internship Program • Finished completing a draft Employee Handbook • Provide remote access to the City of Costa Mesa permit database Page 3 2011 Accomplishments Solid Waste • Successfully implemented a lockable container program to deter scavenging • Achieved 54.14% diversion • Zero Waste workshop, predicate to Zero Waste Plan • Adopted policy prohibiting the use of Styrofoam in District facilities and at District Sponsored events • Successfully implemented a new noticing procedure for trash cons being stored in public view • Adopted a new program to reduce unwanted junk mail • Partnered with Orange Coast College for a successful Cooking Grease Recycling Program • Adopted Ord. No. 85, Prohibiting Unauthorized Use of residential trash cans • Acquired electrical vehicle for code enforcement • Approved Contract Assignment & Addendum No. 3 with Waste Management Curbside to continue door- to-door Household Hazardous Waste collection services • Revised Large Item Collection Program by discontinuing the once a year event and replacing it by allowing residents to have three large item pickups per year and up to ten items per pick up • Collected 10,721 telephone books from School Telephone Book Recycling Program • Sold 246 composting bins and 18 vermicomposting bins CMSD Lockable Container Program • Successfully kicked-off the District's Injury Illness Prevention Program (IlPP) • Conducted a seismic study on District pump stations • Procured and made improvements to install an emergency generator at District Headquarters • Board of Directors and staff completed SEMS, NIMS, ICS and EOC training • Developed an emergency response plan for District wide power outage • Purchased and acquired emergency equipment such as standby generators, by- pass pumps and trash pumps ,a Conducted a permanent generator and by-pass pump feasibility study for the District's critical pump stations • Enrolled in the federal Government Emergency Telecommunication Services (GETS) program • Adopted mutual aid agreement with CalWARN • Developed a Permit Required Confined Space Entry Program • Installed new emergency base radios at District Yard and Headquarters Page 4 2011 Accomplishments District Maintenance Crew District Maintenance Crew Sewer System • Successfully rebuilt check valve at 21 st Street Pump Station. The check valve could not be replaced because of its odd size. Staff had it rebuilt, tested and reinstalled • Repaired Canyon Pump Station force main break within 12 hours after being noti- fied resulting in a minimal SSO. • Successfully implemented a pilot program on Golf Course Drive to determine that top hats and short lining are effective methods to deterring reoccurring roots in the mainline • Successfully replaced old pumps at Valley and South Coast Plaza Pump Stations Successfully cleaned the wet wells at Harbor, Corp Yard, Valley and Elden Pump Stations Installed gen sets at all pump stations to allow connection to emergency standby generators Successfully installed high water monitoring devices under eleven manhole covers to monitor and detect high water before reaching the surface. Developed Standard Operating Procedures (SOPS) for Sanitary Sewer Overflows (SSOS) Developed a Sewer Root Control Program that will reduce the number of "hotspots" Successfully reduced the number of "hotspot" locations from 94 to 57 Conducted a SCADA pilot program at Canyon and Elden Pump Stations to determine the feasibility of a new SCADA system Cleaned 50 "hotspot" locations Raised 20 manholes to grade and identified another 20 buried manholes to be raised Performed an audit of the District's Sewer System Management Plan (SSMP) and completed the minor non-conformance issues identified in the audit • Cleaned 490,066 feet of sewer mainline • Approved 162 Sewer Lateral Assistance Applications that reimbursed $216,050 to homeowners Finance • Adopted a $13 million annual budget that included no trash rate increases for the seventh consecutive year and no sewer rate increases for the second consecu- tive year • Implemented an Asset Management Program and developed a minimum asset management fund of $5 million • Successfully completed the Comprehensive Annual Financial Report (CAFR) for FY Ended June 30, 2011 Page 5 2011 Accomplishments Project No. 129, Bristol Street Sewer Phase 2— Using no -dig technology pipe bursting to replace existing 8 inch pipe with 12 inch pipe. Cost: $340,629 0 Project No. 164, Sewer Root Control Program—Cost: $90,000 Project No. 171, Irvine Pump Station Force Main —Design phase complete. Cost: $41,286 Project No. 185, System Wide Sewer Reconstruction Phase 1—Repaired 123 Grade 5 line segments. Cost: $704,487 0 Project No. 189, Rehabilitating Six Sewers Transferred from OCSD— This pro- ject covered three areas of work: ✓ Replacing 602 feet of sewer at South Coast Drive ✓ Rehabilitating sewer manholes ✓ Grinding "OCSD" off manhole covers Total cost including contract administration and inspection was $672,865 • Project No. 190, Canyon Force Main Rehabilitation—Began design phase. Cost: $75,000 • Project No. 192, System Wide Sewer Construction Phase 2—Began design phase. Cost: $59,771 • Project No. 193, Pump Station Seismic Study and Retrofit—Study complete. Cost: $29,400 • Project No. 195, Headquarters Lobby Expansion Project—Design complete. Cost: $11,380 0 U.S. Green Building Council: LEER Platinum for District Yard Solid Waste Association of North America: Bronze Education Excellence Award for Telephone Book Recycling Program California Society of Municipal Finance Officers, FY09-1 0 Comprehensive Annual Financial Report (CAFR) 0 National Safety Council: Perfect Record Award for twelve consecutive months (Ion 201 O—Dec 2010) without an occupational injury or illness resulting in days away from work 0 Orange County Business Council: Certificate of Recognition for District Yard Page 6 2011 Accomplishments Good Media Coverage • The Daily Pilot, July 3, 2011. "Trash turns to awards treasure for sanitary district" • Orange County Register, July 10, 2011: CMSD's website is considered superior in regards to transparency according to the Orange County Grand Jury • The Daily Pilot, July 22, 2011 - "Sanitary district looking to get more locking trash cans" • Los Angeles Times, July 26, 2011. "Officials may offer more locking trash cans to thwart scavengers" The Daily Pilot, July 26, 2011. "Taking a stance against scavengers" KTLA Channel 5 News, July 26, 2011: "Costa Mesa Looks To Add More Locking Trash Bins" NBC Los Angeles, July 27, 2011 -. "Costa Mesa Locks Out Trash Scavengers" The Bill Carroll Show on KFI 640 AM Radio, July 2011: Lockable trash cans Tellemundo, July 2011: Lockable trash cans The Daily Pilot, August 22, 2011: "One job, six days, 682 applicants" KTLA Channel 5 Morning News, November 21, 2011. Reporter Gayle Anderson visit- ed Costa Mesa to do a story about CMSD's Residential FOG Recycling Program • Orange County Register, November 23, 2011. "Bag up your turkey grease to go... to recycling center" • The Daily Pilot, December 2, 2011. "OCC wants your turkey fat" • Los Angeles Times, December 3, 2011: "College collecting residents' kitchen grease" • KNX 1070 News Radio, December 5, 2011 -. Residential FOG Recycling Program • California Special District Association Magazine, Nov/Dec 2011 -. CMSD's Paperless Agenda Program Meeting Date Item # 02/23112 XV. A. 361M ONNI-01591IRR U11 WHEREAS, the Board of Directors on January 26, 2012 adopted Ordinance No. 88 Amending the District's Operations Code to delete the requirement of oversight committee review of the District's Investment Policy has been published WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa Daily Pilot on February 4, 2012, and WHEREAS, Health and Safety Code Section 6490 provides that an order of the Board that publication has occurred is conclusive evidence that publication has properly been made; NOW, THEREFORE, the Board of Directors does hereby resolve: That it is hereby ordered and decreed that publication of Ordinance No. 88 Amending the District's Operations Code to Delete the Requirement of Oversight Committee Review of the District's Investment Policy. has occurred. PASSED and ADOPTED on this 23rd day of February 2012. Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors 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. 2012-809 duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 23rd day of February 2012. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this day of 2012. Clerk of the Costa Mesa Sanitary District