2016_03_24_board
Costa Mesa Sanitary District
... an Independent Special District
AGENDA
Michael Scheafer
President
Arthur Perry
Vice President
Robert Ooten
Secretary
Arlene Schafer
Assistant Secretary
James Ferryman
Director
Public Comments. Any member of the public may address the Board. Speakers on
agenda items should identify themselves to the Deputy 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. 19th Street, Costa
Mesa, California. The Deputy Clerk of the District may be contacted at (949) 645-8400.
In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior
to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
BOARD OF DIRECTORS REGULAR MEETING
628 W. 19TH STREET, COSTA MESA, CA 92627
Thursday, March 24, 2016
5:30 PM
I.CALL TO ORDER
II.PLEDGE OF ALLEGIANCE
III.INVOCATION
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
Resolution No. 2016-878 - Proclamation recognizing Mesa Water District for
successfully reaching the conservation goal of reducing its service area's potable
water use by 20%.
VI.Announcement of Late Communications
NOTE: Unless directed otherwise by the Board of Directors, all actions shall be
based on/memorialized by the latest document submitted as a late communication.
VII.PUBLIC COMMENTS
This time has been set aside for persons in the audience to make comments on
items within the subject matter jurisdiction of the Costa Mesa Sanitary District that
are not listed on this agenda. Members of the public will have the opportunity to
address the Board of Directors about all other items on this agenda at the time
those items are considered. Under the provisions of the Brown Act, the Board of
Directors is prohibited from taking action on oral requests but may refer the matter
to staff or to a subsequent meeting. The Board of Directors will respond after
public comment has been received. Please state your name. Each speaker will be
limited to four (4) continuous minutes.
VIII.CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and may be
acted upon by one motion after public comment has been received. Only Board of
Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who
wish to speak to items listed on the consent calendar. Each speaker will be limited
to four (4) continuous minutes of comment on the consent calendar as a whole.
1.Board of Directors Study Session Meeting Minutes of February 9, 2016
Recommendation: That the Board of Directors approve and file.
2.Board of Directors Special Meeting Minutes of February 22, 2016
Recommendation: That the Board of Directors approve and file.
3.Board of Directors Regular Meeting Minutes of February 25, 2016
Recommendation: That the Board of Directors approve and file.
4.Occupancy Report and Payment to CR&R Environmental Service
Recommendation: That the Board of Directors:
1. The Board of Directors accepts the occupancy count as presented using
22,153 as the correct number of active units.
2. The Board of Directors directs staff to prepare a warrant to CR&R
Environmental Services for February 2016 collection based on this
occupancy report so long as the contractor fulfills the obligations of the
agreement. Said payment in the amount of $216,997.50 to be ratified in the
March 2016 warrant list.
5.Contract Payment to CR&R Environmental Services for Recycling &
Disposal Services
Recommendation: That the Board of Directors directs staff to prepare a
warrant to CR&R Environmental Services in the amount of $169,124.90 for
February 2016 recycling and disposal services to be ratified in the March
2016 warrant register.
6.Adoption of a Warrant Resolution No. CMSD 2016-09 Approving District
Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No.
CMSD 2016-09 approving District warrants for the Month of February 2016 in
the amount of $1,284,611.64.
7.Payroll Transparency Disclosure for February 2016
Recommendation: That the Board of Directors approve and file.
8.Directors’ Compensation and Reimbursement of Expenses
Recommendation: That the Board of Directors approve the following:
a. Directors’ compensation for the month of February 2016; and
b. Directors’ reimbursement of expenses for the month of February 2016.
9.Sewer Lateral Assistance Program (SLAP) Update
Recommendation: That the Board of Directors approve and file.
10.Investment Report for the Month of February 2016
Recommendation: That the Board of Directors approves the Investment
Report for the month of February 2016.
------------------------------- END OF CONSENT CALENDAR-------------------------------
IX.PUBLIC HEARINGS
X.GENERAL MANAGER
11.Refund of Sanitary Assessment - 975 W. 18th Street
Recommendation: That the Board of Directors approve a refund in the amount
of $13,259.49.
12.Resolution No. 2016-879 Amending Exhibit A (The Appendix) to the Costa
Mesa Sanitary District Conflict of Interest Code to Add a New Position and
Make other Clarifying Changes in the Listing of Designated Employees
Recommendation: That the Board of Directors adopts Resolution No. 2016-
879.
13.Contract Administration and Inspection Services for Three Sewer Capital
Improvement Projects
Recommendation: That the Board of Directors receive and file this report.
The General Manager is approving the contract administration and inspection
services proposal from Robin B. Hamers & Associates (RBH) for all three
projects totaling $52,640. RBH will perform said services under his existing
contract with the District.
14.290 Paularino Avenue – Building Upgrade Budget
Recommendation: That the Board of Directors receive and file this report.
15.CMSD Contribution Program Application – Costa Mesa Foundation for
Concerts in the Park
Recommendation: That the Board of Directors accepts the application from
the Costa Mesa Foundation and approve a monetary contribution of $2,500.
XI.ENGINEER'S REPORTS
16.Project Status Report
Recommendation: That the Board of Directors receive and file the report.
17.Conflict of Interest Report
Recommendation: Nothing to report at this time.
18.Project No. 200-B Harbor Force Main Rehabilitation Bid Opening and Award
of Contract
Recommendation: That the Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder, GCI
Construction, in the amount of $247,720; and
2. A contingency budget of 10% of construction cost in the amount of
$24,772.
19.Project No. 202 Elden Pump Station Valves & Piping Replacement Bid
Opening and Award of Contract
Recommendation: That the Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder, GCI
Construction, in the amount of $259,300; and
2. A contingency budget of 10% of construction cost in the amount of
$25,930.
20.Project No. 310 Indus Sewer & Manhole Rehabilitation Bid Opening and
Award of Contract
Recommendation: That the Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder,
Insituform Technologies, LLC, in the amount of $218,458;
2. A contingency budget of 10% of construction cost in the amount of
$21,846; and
3. An additional contingency of $12,000 for the installation of a cured-in-
place liner in the existing manhole in the back yard of 2321 Mesa Drive.
Increase the General Manager’s authority for authorization of extra work to
include $21,846 + $12,000 for a total of $33,846.
XII.TREASURER'S REPORTS
XIII.ATTORNEY'S REPORTS
21.General Manager’s Agreement and 2016 Performance Goals
Recommendation: That the Board of Directors approves the General
Manager’s Agreement and his 2016 Performance Goals.
22.Ordinance No. 112 – Revising CMSD Operations Code Section 6.04.060
(Insurance, Bonding and License Status)
Recommendation: That the Board of Directors adopt Ordinance No. 112
making changes to the sewer permit process and the District’s requirements.
XIV.LOCAL MEETINGS
In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given
by a Director for any meeting for which expense reimbursement of any kind is
provided. Note: For meetings for which the per diem compensation is sought, the
Operations Code provides that such compensation is authorized for each day's
service rendered as a Director at the request of the Board (not to exceed six days
in one month), and certain meetings are specified as being eligible as set forth in
District Operations Code 3.01.030. 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) - (Director Ferryman)
Recommendation: That the Board of Directors accepts oral report.
B.Santa Ana River Flood Protection Agency (SARFPA) - (Vice President
Perry)
Recommendation: That the Board of Directors accepts oral report.
C.Independent Special Districts of Orange County (ISDOC) - (President
Scheafer)
Recommendation: That the Board of Directors accepts oral report.
D.California Special Districts Association (CSDA) - (Assistant Secretary
Schafer)
Recommendation: That the Board of Directors accepts oral report.
E.Special District Risk Management Authority (SDRMA) - (President Scheafer)
Recommendation: That the Board of Directors accepts oral report.
F.Other Meetings Qualifying for Reimbursement under CMSD Ordinance No.
55, Operations Code Section 3.01.030
Recommendation: That the Board of Directors accepts oral report.
XV.OLD BUSINESS
XVI.NEW BUSINESS
23.CSDA Award – Board Member of the Year – Oral Report from Assistant
Scretary Schafer
CSDA Award – Board Member of the Year – Oral Report from Assistant
Scretary Schafer
XVII.ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
XVIII.ADJOURN TO CLOSED SESSION
24.Discuss litigation with legal counsel pursuant to Government Code Section
54956.9:
(a ) I n regards to existing/anticipated
litigation entitled Costa Mesa Sanitary District –
Santa Ana Regional Water Quality Control
Board Complaint No. R8-2015-0025.
(b ) Anticipated litigation – significant
exposure to litigation pursuant to Government
Code 5456.9(d)(2),(e)(1) [Number of potential
cases: 1]
XIX.ADJOURNMENT
Costa Mesa Sanitary District
... an Independent Special District
Resolution No. 2016-878 - Proclamation recognizing Mesa Water District for
successfully reaching the conservation goal of reducing its service area's potable
water use by 20%.
Item Number:
Recommendation/Notes:
Recommendation: That the Board of Directors adopt Resolution No. 2016-878 recognizing
Mesa Water District for successfully reaching the conservation goal of reducing its service
area’s potable water use by 20%.
ATTACHMENTS:
Description Type
Resolution No. 2016-878 Cover Memo
RESOLUTION 2016-878
COSTA MESA SANITARY DISTRICT
Congratulating
MESA WATER DISTRICT
WHEREAS, Mesa Water District (Mesa Water®) has supplied safe and reliable water to its service area for over 55
years; and
WHEREAS, Mesa Water is an industry leader known for its conservation performance, cost-based rates, customer
service, public outreach and transparency, fiscal strength and AAA rating, operational efficiency, and perpetual infrastructure
renewal and improvement; and
WHEREAS, as Orange County’s first water purveyor to treat and distribute amber-tinted water, Mesa Water
completed the Mesa Water Reliability Facility (MWRF) improvements project that went online in 2013 and reached the Mesa
Water Board of Directors’ long-standing vision of being 100 percent locally reliable in satisfying the tap water needs of over
108,000 local residents; and
WHEREAS, Governor Brown declared a Drought Emergency and issued an Executive Order to reduce urban potable
water use by 25% statewide, from June 1, 2015 through February 29, 2016, compared to the baseline year of 2013; and
WHEREAS, the State Water Resources Control Board mandated a conservation target of 20% by which Mesa Water’s
service area was required to reduce its potable water use; and
WHEREAS, Mesa Water partnered with its customers, including businesses, public agencies and residents, to save
water by limiting outdoor watering, educating customers on the water restrictions, offering rebates for water-efficient
appliances and devices, and providing information on ways to be water-wise; and
WHEREAS, Mesa Water was able to budget for conservation without increasing its rates by reducing expenses; and,
WHEREAS, Mesa Water and its customers are deserving of special public recognition and the highest commendations
for successfully reaching the conservation goal of reducing its service area’s potable water use by 20%; and
WHEREAS, on Thursday, April 14, 2016, the District is celebrating Mesa Water’s conservation achievements and
honoring several customers as Mega Mesa Water Savers;
NOW, THEREFORE, BE IT RESOLVED, that the Costa Mesa Sanitary District recognizes and commends Mesa
Water for its dedication to the statewide cause of conserving water during a drought emergency while continuing to provide high
-quality, affordable, and 100 percent locally reliable water for its customers; and
BE IT FURTHER RESOLVED, that the Costa Mesa Sanitary District congratulates all Mesa Water customers as
Mesa Water Savers on the occasion of the District’s conservation success.
I certify that this is a true copy of Resolution No. 2016-878 anticipated to be passed by the Costa Mesa Sanitary
District at its Board of Directors meeting on March 24, 2016, at 628 W. 19th St., Costa Mesa, California.
________________________
Michael Scheafer
President
________________________ ________________________
Arthur Perry Robert Ooten
Vice President Secretary
________________________ ________________________
Arlene Schafer James Ferryman
Assistant Secretary Director
Costa Mesa Sanitary District
... an Independent Special District
Board of Directors Study Session Meeting Minutes of February 9, 2016
Item Number:1.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Board of Directors Study Session Meeting Minutes of February 9,
2016 Cover Memo
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS STUDY SESSION
FEBRUARY 9, 2016
______________________________________________________________________
CALL TO ORDER
The Board of Directors of the Costa Mesa
Sanitary District met in study session on
February 9, 2016 at 9:30 A.M. at 628 W. 19th
Street, Costa Mesa.
ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
Michael Scheafer, Arthur Perry, Robert
Ooten, Arlene Schafer, James Ferryman
None
STAFF PRESENT: Scott Carroll, General Manager; Robin
Hamers, District Engineer; Wendy Davis,
Finance Manager; Noelani Middenway,
District Clerk; Ed Roberts, Code
Enforcement Officer; Elizabeth Pham,
Management Analyst II; Gina Terraneo,
Management Analyst I.
OTHERS PRESENT:
Mike Carey, Orange Coast College; Jim
Mosher, Resident; Dean Ruffridge, CR&R.
President Scheafer shared that Secretary Ooten indicated that he would arrive to the
Study Session late.
PUBLIC COMMENTS
Jim Mosher, a member of the public, provided a comment regarding the District’s
decision to provide only residential curbside trash collection, as stated in the District’s
Operations Code.
Discussion followed regarding the District’s reasoning for providing only residential
curbside trash collection.
COSTA MESA SANITARY DISTRICT PAGE 2
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HELD FEBRUARY 9, 2016
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ITEMS OF STUDY
1. Orange Coast College (OCC) Recycling Center Expansion Update – Oral
Report
Recommendation: That the Board of Directors receive an oral report from
Mike Carey of OCC.
Mike Carey of Orange Coast College provided a presentation regarding the OCC
Recycling Center expansion project. He noted that the project is currently in the
process of having its final construction documents reviewed. Mr. Carey shared that
the project will go to bid on March 23, 2016, the bidding will close on April 20,
2016, and construction is expected to start in May of 2016. Lastly, he noted that the
expansion will include the addition of 37 parking spaces, a community meeting
room, and two classrooms.
Discussion followed regarding the proposed layout of the expansion, the OCC
Recycling Center’s decision to remain open during construction, the use and rental
of the community room and classrooms, and the possibility of tracking recycled
tonnage from District residents.
2. Organics Recycling Tonnages – FY2015-16
Recommendation: That the Board of Directors receive and file the report.
Scott Carroll, General Manager, provided report details. He noted that the
Recycling Reports have not been included in the staff report, but rather the
Organics Recycling Tonnage is presented for review.
Jim Mosher, a member of the public, provided a comment regarding the status of
the Anaerobic Digestion Facility and the current destination of organic waste
collected by CR&R.
Mr. Carroll explained that the organic material is currently taken to a composting
facility in Victorville, CA.
Dean Ruffridge of CR&R shared that the Anaerobic Digestion Facility is expected
to be up and running on April 8, 2016.
Discussion followed regarding sharing information about the Anaerobic Digestion
Facility on the District’s website.
3. Code Enforcement Officer Report – January 2016
Recommendation: That the Board of Directors receive and file the report.
Code Enforcement Officer, Ed Roberts, provided report details. He noted that there
were 8 scavenging investigations in the month of January and exhibited maps
indicating the locations of the investigations. Mr. Roberts added that there were 58
COSTA MESA SANITARY DISTRICT PAGE 3
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HELD FEBRUARY 9, 2016
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cases of trash carts in public view and noted that many of these reports were
submitted through the Government Outreach feature on the District’s website and
mobile application.
Discussion followed regarding the District’s courtesy notice and citation process
and the recurring instances of residents utilizing trash carts to reserve street
parking.
President Scheafer requested that Mr. Roberts focus his patrolling efforts on
alleyways within the District service area in the coming months.
4. State of the District Ad-Hoc Committee Update – Oral Report
Recommendation: That the Board of Directors receive an oral report from
President Scheafer.
President Scheafer provided an update regarding the State of the District Ad-Hoc
Committee meeting on January 20, 2016. He noted that three options were
presented to the committee by District staff: a community meeting, a postcard and
video distribution, and a partnership with Mesa Water District. President Scheafer
indicated that all three options were costly and shared the alternative option of
conducting a State of the District once the District relocates to its new
headquarters.
Discussion followed regarding the timeline of the new building acquisition and the
benefits of combining the State of the District with a Grand Opening event.
President Scheafer indicated that the State of the District Ad-Hoc Committee will
discontinue its meetings until the District has determined a move-in date for it’s the
new headquarters.
5. Christmas Tree Recycling Report
Recommendation: That the Board of Directors receive and file the report.
Management Analyst II, Elizabeth Pham, provided report details. She noted 4,719
trees were collected (a 7.7% decrease in the number of trees collected in
comparison with the 2015 collection). Additionally, Ms. Pham noted that a total of
82.48 tons of trees were collected (a 1% increase in tonnage in comparison with
the 2015 collection).
Discussion followed regarding possible reasoning for the decrease in the number
of trees collected and the slight increase in the tonnage collection.
COSTA MESA SANITARY DISTRICT PAGE 4
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HELD FEBRUARY 9, 2016
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6. OC Waste & Recycling Report
Recommendation: That the Board of Directors receive and file the report.
Management Analyst II, Elizabeth Pham, provided report details regarding the OC
Waste & Recycling Coordinator’s Meeting. She noted that there were three
presentations during the meeting given by Mallory Burden of CalRecycle, Dr. Eric
Handler of OC Environmental Health, and Scott Carroll of the Costa Mesa Sanitary
District and Mike Silva of CR&R. Ms. Pham indicated that Mr. Carroll and Mr. Silva’s
presentation regarding the Organics Recycling Program was well-received.
7. Fleet Maintenance
Recommendation: That the Board of Directors give staff direction.
Scott Carroll, General Manager, provided report details. He noted that the City of
Costa Mesa has placed a hold on providing preventative maintenance on the
District’s fleet due to the City’s need to catch up on maintaining their own fleet. Mr.
Carroll provided the following options: seeking a public agency to maintain the
District’s fleet, seeking a public agency to maintain a portion of the fleet and hiring
qualified vendors to maintain the remainder of the fleet, or taking no action until the
City of Costa Mesa is caught up on its preventative maintenance.
Discussion followed regarding comparing the availabilities of public agencies and
qualified vendors to obtain a solution to continued fleet maintenance.
Assistant Secretary Schafer requested that an item be added to a future study
session regarding the possibility of CR&R providing a cart cleaning service for
Organics Recycling carts.
Secretary Ooten entered the Study Session at 10:25 a.m.
8. Inflow Reduction Program
Recommendation: That the Board of Directors receive and file the report.
Scott Carroll, General Manager, provided report details. He noted that District staff
have plugged and sealed nearly half of the District’s manhole covers in order to
prevent inflow.
President Scheafer provided commentary regarding the maps of potential flood
areas.
District Engineer, Robin Hamers, provided responses to questions that he received
from Secretary Ooten via email regarding the calculations used to measure inflow
within the District’s wastewater system. Additionally, Mr. Hamers presented
COSTA MESA SANITARY DISTRICT PAGE 5
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photographs of improvements made at the Orange County Fairgrounds to prevent
inflow and indicated that further improvements are necessary at this location.
Jim Mosher, a member of the public, provided commentary regarding the District
mapping areas in the city of Newport Beach that fall within the District’s service
area.
9. Project No. 02-15 Closed Circuit Televising (CCTV) Appropriation of Funds
Recommendation: That the Board of Directors approves transferring funds
as follows:
Account Account Number Increase Decrease
Sewer Maint-Sewer Line Televising 20-200000-4795 $486,000
Retained Earnings 20-200000-2990 $486,000
Scott Carroll, General Manager, provided report details and requested approval of
a budget transfer of $486,000 for Project No. 02-15 Closed Circuit Televising
(CCTV).
Secretary Ooten made a motion for approval of the budget transfer. Assistant
Secretary Schafer seconded the motion, which passed unanimously with a 5-0
vote.
10. Resolution/Certificate for Mesa Water District
Recommendation: That the Board of Directors give staff direction.
President Scheafer provided report details regarding a request for a resolution
commending Mesa Water District for meeting or exceeding their 20% State Water
Resources Control Board (SWRCB) mandated water conservation target.
Discussion followed regarding the benefits of providing the resolution and which
member of the Board of Directors would be available to present the resolution at
Mesa Water District’s April 14, 2016 Board Meeting.
Secretary Ooten volunteered to present the resolution to the Mesa Water District
Board of Directors.
11. Future Study Session Items
Recommendation: That the Board of Directors provide staff with direction
on items to be placed on future study session agendas.
Secretary Ooten requested that Mr. Carroll meet with District Counsel, Alan Burns,
to discuss the language within the District’s contract with CR&R regarding the
Organics Recycling Program.
COSTA MESA SANITARY DISTRICT PAGE 6
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HELD FEBRUARY 9, 2016
______________________________________________________________________
Mr. Carroll noted that he would meet with Mr. Burns and provide a report regarding
their discussion at a future Study Session.
Assistant Secretary Schafer requested that the District schedule a presentation
about the Organics Recycling Program at the October 2016 Chamber of
Commerce Breakfast.
Discussion followed regarding the business-oriented audience at the Chamber of
Commerce breakfasts.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
President Scheafer noted that the Special District Risk Management Authority
(SDRMA) will be hosting its Safety Claims Education Day at the Newport Beach
Marriott Hotel and Spa on March 28-29, 2016.
ADJOURNMENT
There being no further business to come before the Board, President Scheafer
adjourned the meeting at 10:53 A.M.
_________________________ _________________________
Robert Ooten Michael Scheafer
Secretary President
Costa Mesa Sanitary District
... an Independent Special District
Board of Directors Special Meeting Minutes of February 22, 2016
Item Number:2.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Board of Directors Special Meeting Minutes of February 22, 2016 Cover Memo
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING
FEBRUARY 22, 2016
______________________________________________________________________
CALL TO ORDER
The Board of Directors of the Costa Mesa
Sanitary District met in special session on
February 22, 2016 at 9:00 A.M. at 628 W.
19th Street, Costa Mesa.
ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
Michael Scheafer, Arthur Perry, Robert
Ooten, Arlene Schafer, James Ferryman
None
STAFF PRESENT: Scott Carroll, General Manager; Alan Burns,
District Counsel; Marc Davis, District
Treasurer; Robin Hamers, District Engineer;
Wendy Davis, Finance Manager; Noelani
Middenway, District Clerk.
OTHERS PRESENT: Jack Faris, Voit Real Estate.
PUBLIC COMMENT - None
CONSIDERATION REGARDING THE PURCHASE OF PROPERTY AT 290 PAULARINO AVENUE,
COSTA MESA, FOR USE AS THE DISTRICT HEADQUARTERS AND RELATED DISCUSSIONS WITH
RESPECT TO THE EXISTING HEADQUARTERS BUILDING AND OTHER RELATED MATTERS
A. CITY OF COSTA MESA PLANNING COMMISSION
Recommendation: That the Board of Directors receive and file the report.
Scott Carroll, General Manager, shared that a contingency of the acquisition of the
building at 290 Paularino is a decision by the City of Costa Mesa Planning Commission.
He noted that the decision will come before the Commission at the February 22, 2016
meeting, and City staff has recommended that the Commission adopt a resolution
indicating that the District’s relocation conforms with the 2000 General Plan.
Additionally, Mr. Carroll noted that City staff identified three public benefits to the
COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING
HELD FEBRUARY 22, 2016
________________________________________________________________
District’s relocation: an increased number of parking spaces, an increased capacity to
accommodate the public, and the capacity for future agency growth.
Discussion followed regarding the number of parking spaces at the property and the
possibility of renting areas within the building.
Mr. Carroll indicated that the District cannot rent space within the new building to the
District Engineer and District Inspector because this would convey retirement and
employee perk implications.
Secretary Ooten and Vice President Perry requested that Mr. Carroll provide further
explanation about why the District cannot rent space to the District Engineer and District
Inspector at a future study session.
B. HAZARDOUS MATERIALS SURVEY REPORT
Recommendation: That the Board of Directors receive and file the report.
Scott Carroll, General Manager, presented the Hazardous Materials Survey Report
conducted by DMG Environmental Sciences and Inspection Services. He noted that
asbestos and lead paint were found in the building, but that the remediation will be
under $10,000.
Discussion followed regarding the necessary remediation.
Secretary Ooten requested clarification regarding the remediation and the
consequences of failing to remediate.
Finance Manager, Wendy Davis, clarified that all five problem areas (3 areas with
asbestos and 2 areas with lead paint) will be remediated.
C. TENANT IMPROVEMENTS
Recommendation: That the Board of Directors receive and file the report.
Scott Carroll, General Manager, shared that after the first draft of tenant improvements
was presented to the City of Costa Mesa, the City requested additional improvements
such as an additional access door, the widening of the bathroom to ensure ADA
compliance, and an additional handicap stall within the bathroom. Additionally, Mr.
Carroll noted that other improvements include the designation of an Emergency
Operations Center (EOC) room, the creation of a hallway, securing the lobby, the
installation of audio/visual tools, and the purchase of furniture, signage, and a trophy
display case.
Discussion followed regarding the budget for tenant improvements and signage for the
new building.
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING
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D. BUILDING FINANCING OPTIONS
Recommendation: That the Board of Directors approve Option 1 for financing the
building acquisition and direct staff to proceed.
Marc Davis, District Treasurer, presented financing options and the advantages and
disadvantages of each option. He noted that Option 1 is a lease purchase arrangement
with the California Special Districts Association (CSDA) Finance Corporation, Option 2
is to pay in cash, and Option 3 is the possibility of using grant funding to help with the
costs of improvement and building acquisition.
Discussion followed regarding selling the District’s current building and using the funds
to make the lease payments under Option 1.
Mr. Davis noted that there is a 7 year period built into the lease purchase agreement
during which the District cannot pay off the asset. He added that after 7 years, there is
no prepayment penalty.
Discussion followed regarding the current tenant’s lease, the cost of closing fees, and
the total cost of the building.
Jack Faris of Voit Real Estate provided a brief overview of the history of the District’s
search for a new building and discussed the value of the property at 290 Paularino.
Discussion followed regarding the maximum “Not to Exceed” cost of the building,
interest rates for the lease purchase, and the action being requested for this item.
Mr. Carroll asked if the Board of Directors would like to wait taking action on this item
until staff can provide a more definite cost of the proposed improvements.
President Scheafer, Vice President Perry, and Assistant Secretary Schafer indicated
that would prefer to wait on deciding on a total cost to finance through the lease
purchase.
Director Ferryman requested that Mr. Carroll prioritize the proposed improvements
before presenting it to the Board of Directors.
Mr. Carroll indicated that he would do so.
Discussion followed regarding the implications of using the proceeds from selling the
current building to fund the lease payments for the new building.
Mr. Carroll verified that the Board of Directors decided to wait until they receive cost
estimates for the proposed improvements before directing staff to update the resolution
to approve financing Option 1.
COSTA MESA SANITARY DISTRICT PAGE 4
MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING
HELD FEBRUARY 22, 2016
________________________________________________________________
ADJOURN TO CLOSED SESSION
President Scheafer adjourned to closed session at 10:32 A.M. to discuss
contingencies and for the Board of Directors to provide direction regarding the
down payment for the property at 290 Paularino.
Conference with Real Property Negotiators
Property: 290 Paularino Avenue, Costa Mesa
Agency Negotiators: Scott Carroll and Jack Faris
Negotiating party (owner): William McFarland
Under Negotiation: Price and terms of payment
RECONVENE TO OPEN SESSION
President Scheafer reconvened to open session at 10:49 A.M. and indicated
that the Board of Directors provided staff with direction to submit a down
payment of $400,000 which is contingent upon the City of Costa Mesa Planning
Commission’s impending decision to adopt a resolution finding the Costa Mesa
Sanitary District’s relocation to 290 Paularino Avenue in conformance with the
City of Costa Mesa’s 2000 General Plan.
ADJOURNMENT
There being no further business to come before the Board, President Scheafer
adjourned the meeting at 10:50 A.M.
_________________________ _________________________
Robert Ooten Michael Scheafer
Secretary President
Costa Mesa Sanitary District
... an Independent Special District
Board of Directors Regular Meeting Minutes of February 25, 2016
Item Number:3.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Board of Directors Regular Meeting Minutes of February 25, 2016 Cover Memo
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 25, 2016
______________________________________________________________________
CALL TO ORDER
The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
February 25, 2016 at 5:30 P.M. at 628 W.
19th Street, Costa Mesa.
PLEDGE OF
ALLEGIANCE
INVOCATION
ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
President Scheafer led the Pledge of
Allegiance.
Vice President Perry led the Invocation.
Michael Scheafer, Arthur Perry, Robert
Ooten, James Ferryman
Arlene Schafer
STAFF PRESENT: Scott Carroll, General Manager; Alan Burns,
District Counsel; Robin Hamers, District
Engineer; Wendy Davis, Finance Manager;
Marc Davis, District Treasurer; and Noelani
Middenway, District Clerk.
OTHERS PRESENT:
Jim Mosher, resident.
CEREMONIAL MATTERS AND PRESENTATIONS – None
ANNOUNCEMENT OF LATE COMMUNICATIONS – None
PUBLIC COMMENTS
President Scheafer invited members of the public who wished to provide comments to
do so at this time.
Jim Mosher, a member of the public, asked whether an opposition has been filed
against the District in regards to its fine from the State Water Resources Control Board.
COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 25, 2016
______________________________________________________________________
District Counsel, Alan Burns, shared that the District has not yet received notice of an
opposition.
CONSENT CALENDAR
1. Board of Directors Study Session
Meeting Minutes of January 12,
2016
2. Board of Directors Regular Meeting
Minutes of January 28, 2016
3. Occupancy Report and Payment to
CR&R Environmental Services
4. Contract Payment to CR&R
Environmental Services for
Recycling & Disposal Services
5. Adoption of Warrant Resolution No.
CMSD 2016-08 Approving District
Warrant Registers
6. Payroll Transparency Disclosure for
January 2016
7. Directors’ Compensation and
Reimbursement of Expenses
8. Sewer Lateral Assistance Program
(SLAP) Update
9. Investment Report for the Month of
January 2016.
The Board of Directors Study Session
Meeting Minutes of January 12, 2016 was
approved as presented.
The Board of Directors Regular Meeting
Minutes of January 28, 2016 was
approved as presented.
The Board of Directors accepted the
occupancy count as presented using
22,133 as the correct number of active
units and directed staff to prepare a
warrant to CR&R Environmental Services
in the amount of $216,801.59 to be ratified
in the February 2016 warrant list, for
January 2016 collection.
The Board of Directors approved payment
to CR&R Environmental Services for
recycling and disposal services for the
month of January 2016.
The Board of Directors adopted Warrant
Resolution No. CMSD 2016-08 approving
District warrants for the month of January
2016 in the amount of $540,569.75.
President Scheafer pulled this item for
discussion.
President Scheafer pulled this item for
discussion.
The Board of Directors approved the SLAP
report as presented.
The Board of Directors approved the
Investment Report for the month of
January 2016.
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 25, 2016
______________________________________________________________________
10. Annual Health Benefit Broker Fee
and Commission Disclosure
11. Resolution No. 2016-877 –
Ordering that Publication of
Ordinance No. 113 has Occurred
The Board of Directors approved the
Annual Broker Fee and Commission
Disclosure as presented.
The Board of Directors adopted Resolution
No. 2016-877 ordering that the publication
of Ordinance No. 113 defining “curbside”
has occurred.
President Scheafer indicated that Mr. Mosher requested to provide comments on Items
6 and 7 on the Consent Calendar.
Vice President Perry made a motion to approve the Consent Calendar, omitting Items 6
and 7. Director Ferryman seconded the motion, which passed unanimously with a 4-0
vote with Assistant Secretary Schafer not present.
Mr. Mosher suggested that a memo or staff report be attached to the Payroll
Transparency Disclosure (Item 6) to explain the terminology used within the report.
Finance Manager, Wendy Davis, provided an explanation of the purpose of the report
and the acronyms used within the report.
Discussion followed regarding providing a staff report or cover page to accompany the
Payroll Transparency Disclosure.
General Manager, Scott Carroll, indicated that he will discuss a solution with Ms. Davis
and bring it back to the Board of Directors.
Vice President Perry made a motion to approve Item 6. Secretary Ooten seconded the
motion, which passed unanimously with a 4-0 vote with Assistant Secretary Schafer not
present.
Mr. Mosher suggested that the Directors’ Compensation and Reimbursement of
Expenses forms be consolidated into a single report so that it may be more easily
understood by the public.
Mr. Burns and Ms. Davis provided a brief explanation of the report and its necessary
components.
Vice President Perry made a motion to approve Item 7. Directory Ferryman seconded
the motion, which passed unanimously with a 4-0 vote with Assistant Secretary Schafer
not present.
END OF CONSENT CALENDAR
COSTA MESA SANITARY DISTRICT PAGE 4
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 25, 2016
______________________________________________________________________
PUBLIC HEARINGS – None
GENERAL MANAGER’S REPORTS
12. FY 2015-20 Strategic Plan Quarterly Update
Recommendation: That the Board of Directors receive and file the report.
Scott Carroll, General Manager, presented the Strategic Plan Quarterly Update and
noted that the District is currently six months into this Strategic Plan. Mr. Carroll
indicated that 5 goals have been completed thus far.
Vice President Perry and Present Scheafer requested an update regarding the status of
sewer hot spots that have been applied with the herbicide product called, RazoRooter II.
District Engineer, Robin Hamers, noted that Wastewater Superintendent, Steve Cano,
would provide a report once the application has been completed.
There were no further questions or discussion and the report was received.
13. Project #101 Westside Pump Station Abandonment Project
Recommendation: That the Board of Directors receive and file the report.
Mr. Carroll shared that he, Secretary Ooten, Director Ferryman, and Mr. Hamers met
with Orange County Sanitation District (OCSD) officials on Wednesday, February 10,
2016 to discuss the findings of OCSD’s capacity analysis and model update of the
Fairview Trunk. Mr. Carroll noted that the pipe is determined to be adequate for the
projected flow when considering the proposed development through 2040, but OCSD is
concerned about wet weather flow. Lastly, he shared that OCSD still supports Project
number 101 and recommends the following measures be taken: OCSD flow monitors
will remain in the Fairview Trunk to capture recent storm weather data, OCSD will
pinpoint troubled areas and share with District staff to help determine how inflow is
entering the system, the District will begin its closed-circuit television (CCTV) of the
entire sewer system in the vicinity of the Fairview Trunk, and the District will reach out to
the OC Fairgrounds regarding the reduction of inflow from their property.
Discussion followed regarding future development within Costa Mesa, the
commencement of the CCTV process, and the notification process when Grade 5 areas
are identified during CCTV.
There were no further questions or discussion and the report was received.
14. Adopt Resolution No. 2016-878 and Approve the Amendment to Waste Disposal
Agreement
Recommendation: That the Board of Directors adopt Resolution No. 2016-878
and approve the amendment to the Waste Disposal agreement.
COSTA MESA SANITARY DISTRICT PAGE 5
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 25, 2016
______________________________________________________________________
Mr. Carroll shared that the County of Orange requested that the District approve the
Waste Disposal Agreement because the dates within the agreement have changed.
Mr. Mosher provided comments regarding the purpose of the Waste Disposal
Agreement and the consequences of Orange County landfills generating profit from
residents outside of the County.
Discussion followed regarding the initial purpose of the agreement and its benefits and
drawbacks.
Vice President Perry made a motion to adopt Resolution No. 2016-878 and approve the
amendment to the Waste Disposal Agreement. Assistant Secretary Ooten seconded the
motion, which passed unanimously with a 4-0 vote with Assistant Secretary Schafer not
present.
ENGINEER’S REPORTS
15. Project Status Report
Recommendation: That the Board of Directors receive and file the report.
District Engineer, Robin Hamers, presented the Project Status Report. He noted that the
District has one project completed, two projects under construction, and three projects
out to bid. Mr. Hamers added that the bid opening is on March 1, 2016.
Discussion followed regarding the completion of the manhole rehabilitation project.
Secretary Ooten requested that a discussion and prioritization of Capital Improvement
Projects (CIP) occur at the next Study Session on March 8, 2016.
Mr. Carroll noted that a CIP report will be presented at the next Study Session.
Discussion followed regarding the impact of the new building acquisition on future CIP
projects.
There were no further questions or discussion and the report was received.
16. Conflict of Interest Report
Recommendation: That the Board of Directors receive and file the report.
Mr. Hamers presented report details regarding three projects that will be referred to the
Alternate District Engineer.
There were no further questions or discussion and the report was received.
COSTA MESA SANITARY DISTRICT PAGE 6
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 25, 2016
______________________________________________________________________
17. Project #312 Aviemore Terrace/Valley Pump Station Rehabilitation – Acceptance
of Improvements
Recommendation: That the Board of Directors approves the following action:
1. Accept improvements as completed and file a Notice of Completion.
2. Exonerate Labor and Material Bond 35 days after Notice of Completion is
recorded and exonerate Faithful Performance Bond one year after Notice
of Completion is recorded.
Mr. Hamers reported that Project #312 is completed and noted that the project included
the replacement of pumps, bases, piping valves, and diagrams. He added that electrical
work will be completed in the future.
Discussion followed regarding the future replacement of the electrical cabinets and the
cost of a force main replacement.
Secretary Ooten made a motion to accept improvements as completed, file a Notice of
Completion, exonerate the Labor and Material Bond 35 days after the Notice of
Completion is recorded, and exonerate the Faithful Performance Bond one year after
the Notice of Completion is recorded. Vice President Perry seconded the motion.
Discussion followed regarding whether the two recommended actions must be
approved separately.
President Scheafer amended the initial motion and second.
Secretary Ooten made a motion to accept improvements as completed and file a Notice
of Completion. Vice President Perry seconded the motion, which passed unanimously
with a 4-0 vote with Assistant Secretary Schafer not present.
Secretary Ooten made a motion to exonerate the Labor and Material Bond 35 days after
the Notice of Completion is recorded and exonerate the Faithful Performance Bond one
year after the Notice of Completion is recorded. Vice President Perry seconded the
motion, which passed unanimously with a 4-0 vote with Assistant Secretary Schafer not
present.
TREASURER’S REPORTS
18. Resolution No. 2016-879 – Intent to Lease-Purchase Financing with CSDA
Finance Corporation for the property at 290 Paularino Avenue
Recommendation: That the Board of Directors adopt Resolution No. 2016-879.
District Treasurer, Marc Davis, requested that this item be continued until such time as
the improvements for the new building are determined.
COSTA MESA SANITARY DISTRICT PAGE 7
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 25, 2016
______________________________________________________________________
Vice President Perry asked when Mr. Carroll anticipates that the item will be discussed.
Mr. Carroll shared that staff will be meeting with a consultant on February 29, 2016 and
that a Special Meeting will be scheduled to discuss this item after that date.
Vice President Perry made a motion to continue Item 18 until the improvements for the
new building are determined. Secretary Ooten seconded the motion, which passed
unanimously with a 4-0 vote with Assistant Secretary Schafer not present.
ATTORNEY’S REPORTS – None
LOCAL MEETINGS
A. Orange County Sanitation District (OCSD) – (Secretary Ooten)
Recommendation: That the Board of Directors accepts oral report.
Secretary Ooten provided an overview of the OCSD meeting and noted that the budget
calendar was approved and the finance committee held a meeting.
B. Santa Ana River Flood Protection Agency (SARFPA) – (Vice President Perry)
Recommendation: That the Board of Directors accepts oral report.
Vice President Perry reported that SARFPA did not have a meeting this month.
C. Independent Special Districts of Orange County (ISDOC) – (President
Scheafer)
Recommendation: That the Board of Directors accepts oral report.
President Scheafer provided an oral report regarding the Executive Committee Meeting.
He noted that ISDOC is in the process being audited and he established an Ad Hoc
Committee to find speakers for ISDOC’s quarterly meetings.
Director Ferryman and Mr. Davis offered to provide contact information for potential
speakers.
D. California Special Districts Association (CSDA) - (Assistant Secretary
Schafer)
Recommendation: That the Board of Directors accepts oral report.
President Scheafer noted that Assistant Secretary Schafer is not present to provide a
report. He shared that he is part of the CSDA Professional Development Committee and
participated in the selection of the proposed speakers for CSDA’s Annual Conference.
COSTA MESA SANITARY DISTRICT PAGE 8
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 25, 2016
______________________________________________________________________
E. Special District Risk Management Authority (SDRMA) – (President Scheafer)
Recommendation: That the Board of Directors accepts oral report.
President Scheafer reported that the focus of the SDRMA meeting was the Strategic
Plan. He noted that there will be no rate increase for SDRMA members.
F. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Recommendation: That the Board of Directors accepts oral report.
President Scheafer noted that he met with Mr. Carroll on February 17, 2016.
Director Ferryman noted that he spoke with a group in Mission Viejo last week.
OLD BUSINESS – None
NEW BUSINESS – None
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Secretary Ooten requested clarification regarding a budget schedule for the two-year
budget.
ADJOURN TO CLOSED SESSION
President Scheafer adjourned to closed session at 6:22 P.M. to discuss the evaluation
of General Manager, Scott Carroll.
District Counsel, Alan Burns, clarified that the Board of Directors will be conducting two
closed sessions: one to speak with the General Manager about his performance
evaluation and one to give a Board Member authority to be the Labor Negotiator in
discussing the General Manager’s employment agreement terms.
RECONVENE TO OPEN SESSION
President Scheafer reconvened to open session at 6:39 P.M. President Scheafer
indicated that the Board of Directors gave him the authority to be the Labor Negotiator
and directed him to meet with the General Manager to discuss the terms of his
agreement for the next year.
ADJOURNMENT
There being no further business to come before the Board, President Scheafer
adjourned the meeting at 6:39 P.M.
COSTA MESA SANITARY DISTRICT PAGE 9
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD FEBRUARY 25, 2016
______________________________________________________________________
_________________________ _________________________
Robert Ooten Michael Scheafer
Secretary President
Costa Mesa Sanitary District
... an Independent Special District
Occupancy Report and Payment to CR&R Environmental Service
Item Number:4.
Recommendation/Notes:
Recommendation: That the Board of Directors:
1. The Board of Directors accepts the occupancy count as presented using 22,153 as the
correct number of active units.
2. The Board of Directors directs staff to prepare a warrant to CR&R Environmental
Services for February 2016 collection based on this occupancy report so long as the
contractor fulfills the obligations of the agreement. Said payment in the amount of
$216,997.50 to be ratified in the March 2016 warrant list.
ATTACHMENTS:
Description Type
Occupancy Report and Payment to CR&R Environmental Service Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Elizabeth Pham, Management Analyst II
Date: March 24, 2016
Subject: OCCUPANCY REPORT AND PAYMENT TO CR&R ENVIRONMENTAL
SERVICES
Summary
The total occupancy count for February 2016 billing is 22,153, with twenty-six accounts
added since the last billing period.
Staff Recommendation
Staff recommends the following:
1. The Board of Directors accepts the occupancy count as presented using
22,153 as the correct number of active units.
2. The Board of Directors directs staff to prepare a warrant to CR&R
Environmental Services for February 2016 collection based on this
occupancy report so long as the contractor fulfills the obligations of the
agreement. Said payment in the amount of $216,997.50 to be ratified in
the March 2016 warrant list.
The payment calculation is based on the following:
District Current Rate for January of 2016:
22,153 x $9.7954 = $216,997.50
Attachments:
A. February 2016 Occupancy Report
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Costa Mesa Sanitary District
... an Independent Special District
Contract Payment to CR&R Environmental Services for Recycling & Disposal
Services
Item Number:5.
Recommendation/Notes:
Recommendation: That the Board of Directors directs staff to prepare a warrant to CR&R
Environmental Services in the amount of $169,124.90 for February 2016 recycling and
disposal services to be ratified in the March 2016 warrant register.
ATTACHMENTS:
Description Type
Contract Payment to CR&R Environmental Services for Recycling &
Disposal Services Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Elizabeth Pham, Management Analyst II
Date: March 24, 2016
Subject: Contract Payment to CR&R Environmental Services for Recycling & Disposal
Services
Summary
The Board of Directors approves payment to CR&R Environmental Services for recycling and
disposal services for the month of February 2016 as detailed below:
Staff Recommendation
That the Board of Directors directs staff to prepare a warrant to CR&R Environmental
Services in the amount of $169,124.90 for February 2016 recycling and disposal
services to be ratified in the March 2016 warrant register.
Costa Mesa Sanitary District
... an Independent Special District
Adoption of a Warrant Resolution No. CMSD 2016-09 Approving District Warrant
Registers
Item Number:6.
Recommendation/Notes:
Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2016-09
approving District warrants for the Month of February 2016 in the amount of $1,284,611.64.
ATTACHMENTS:
Description Type
Adoption of a Warrant Resolution No. CMSD 2016-09 Approving
District Warrant Registers Cover Memo
COSTA MESA SANITARY DISTRICT
Warrant Resolution No. CMSD 2016-09
A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT
RATIFYING THE PAYMENT OF CERTAIN CLAIMS AND DEMANDS, AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME WERE PAID.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
DOES HEREBY ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the attached claims and demands totaling $1,284,611.64 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 his own records.
PASSED AND ADOPTED this 24th day of March 2016.
ATTEST:
Secretary President
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
COSTA MESA SANITARY DISTRICT )
I, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby
certify that the foregoing Warrant Resolution No. CMSD 2016-9 was duly adopted by the
Costa Mesa Sanitary District at a regular meeting held on the 24th day of March 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the Costa Mesa Sanitary District on this 24th day of March 2016.
District Clerk of the Costa Mesa Sanitary District
User:
Printed:3/10/2016 - 3:48 PM
Checks for Approval
Accounts Payable
ktran
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Cal PERS 0 02/08/2016 Solid Waste Fund Benefits Admin Costs 22.50
Cal PERS 0 02/08/2016 Liquid Waste Fund Sewer Maint-Benefit Admin 75.00
Cal PERS 0 02/08/2016 Liquid Waste Fund Benefits Admin Costs 42.12
Cal PERS 0 02/08/2016 Solid Waste Fund Benefits Admin Costs 4.68
Cal PERS 0 02/08/2016 Liquid Waste Fund Benefits Admin Costs 202.50
Cal PERS 0 02/08/2016 Liquid Waste Fund PERS Medical 11,711.54
Check Total: 12,058.34
Employment Development Department 0 02/03/2016 Liquid Waste Fund State Withholding Taxes 107.14
Check Total: 107.14
Internal Revenue Service 0 02/03/2016 Liquid Waste Fund Medicare - Employee 121.96
Internal Revenue Service 0 02/03/2016 Liquid Waste Fund FICA - Employee 521.47
Internal Revenue Service 0 02/03/2016 Liquid Waste Fund Medicare - Employee 121.96
Internal Revenue Service 0 02/03/2016 Liquid Waste Fund Federal Withholding Taxes 576.10
Internal Revenue Service 0 02/03/2016 Liquid Waste Fund FICA - Employee 521.47
Check Total: 1,862.96
Employment Development Department 0 02/03/2016 Liquid Waste Fund State Withholding Taxes 1,861.24
Check Total: 1,861.24
Internal Revenue Service 0 02/03/2016 Liquid Waste Fund Federal Withholding Taxes 6,151.17
Internal Revenue Service 0 02/03/2016 Liquid Waste Fund Medicare - Employee 723.63
Internal Revenue Service 0 02/03/2016 Liquid Waste Fund Medicare - Employee 723.63
Check Total: 7,598.43
Cal Pers Employee Ret System 0 02/03/2016 Liquid Waste Fund PERS Retirement 2,391.97
Cal Pers Employee Ret System 0 02/03/2016 Liquid Waste Fund PERS Retirement 65.19
Cal Pers Employee Ret System 0 02/03/2016 Liquid Waste Fund PERS - Employer -0.02
Cal Pers Employee Ret System 0 02/03/2016 Liquid Waste Fund PERS Survivor Benefit 15.81
Cal Pers Employee Ret System 0 02/03/2016 Liquid Waste Fund PERS Retirement 3,592.58
Cal Pers Employee Ret System 0 02/03/2016 Liquid Waste Fund PERS Retirement 48.79
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 1
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Cal Pers Employee Ret System 0 02/03/2016 Liquid Waste Fund PERS Retirement 697.04
Check Total: 6,811.36
Employment Development Department 0 02/17/2016 Liquid Waste Fund State Withholding Taxes 1,917.29
Check Total: 1,917.29
Internal Revenue Service 0 02/17/2016 Liquid Waste Fund Medicare - Employee 735.17
Internal Revenue Service 0 02/17/2016 Liquid Waste Fund Federal Withholding Taxes 6,301.52
Internal Revenue Service 0 02/17/2016 Liquid Waste Fund Medicare - Employee 735.17
Check Total: 7,771.86
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS Retirement 2,452.32
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS Retirement 48.79
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS Retirement 697.04
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS Survivor Benefit 15.81
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS Retirement 3,655.03
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS - Employer -0.02
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS Retirement 65.19
Check Total: 6,934.16
Cal Pers Employee Ret System 0 02/17/2016 Solid Waste Fund PERS - Employer 84.90
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS - Employer 764.10
Cal Pers Employee Ret System 0 02/17/2016 Solid Waste Fund PERS - Employer 1.90
Cal Pers Employee Ret System 0 02/17/2016 Liquid Waste Fund PERS - Employer 17.10
Check Total: 868.00
Bank of America 0 02/15/2016 Solid Waste Fund Investment Earnings 446.08
Check Total: 446.08
Bank of America 0 02/03/2016 Solid Waste Fund Investment Earnings 122.52
Bank of America 0 02/03/2016 Solid Waste Fund Investment Earnings 20.18
Check Total: 142.70
FedEx 14751 02/05/2016 Liquid Waste Fund Postage 28.97
FedEx 14751 02/05/2016 Solid Waste Fund Postage 3.22
Check Total: 32.19
AFLAC 14752 02/05/2016 Liquid Waste Fund Employee Insurance 1,079.36
Check Total: 1,079.36
AndersonPenna Partners, Inc. 14753 02/05/2016 Liquid Waste Fund Plan Ck/Inspection-Outside 372.00
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 2
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 372.00
Wes Biggerstaff 14754 02/05/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Birch Communications 14755 02/05/2016 Liquid Waste Fund Telephone 172.12
Birch Communications 14755 02/05/2016 Solid Waste Fund Telephone 19.12
Birch Communications 14755 02/05/2016 Liquid Waste Fund Sewer Maint-Telephone 435.56
Check Total: 626.80
Costa Mesa Community Run 14756 02/05/2016 Liquid Waste Fund Public Info/Ed/Community Prom 250.00
Costa Mesa Community Run 14756 02/05/2016 Solid Waste Fund Public Info/Ed/Community Prom 250.00
Check Total: 500.00
Costa Mesa Lock & Key 14757 02/05/2016 Liquid Waste Fund Sewer Maint-Bldg Maint 115.00
Check Total: 115.00
CR&R Incorporated Environmental Services 14758 02/05/2016 Solid Waste Fund Container Collection Costs 3,254.87
CR&R Incorporated Environmental Services 14758 02/05/2016 Solid Waste Fund Trash Hauler 1,709.69
CR&R Incorporated Environmental Services 14758 02/05/2016 Solid Waste Fund Trash Hauler 1,748.85
CR&R Incorporated Environmental Services 14758 02/05/2016 Solid Waste Fund Trash Hauler 216,566.50
CR&R Incorporated Environmental Services 14758 02/05/2016 Solid Waste Fund Trash Hauler 1,708.80
CR&R Incorporated Environmental Services 14758 02/05/2016 Solid Waste Fund Trash Hauler 1,719.48
Check Total: 226,708.19
DavisFarr LLP 14759 02/05/2016 Solid Waste Fund Fiscal Services 470.75
DavisFarr LLP 14759 02/05/2016 Liquid Waste Fund Fiscal Services 874.25
Check Total: 1,345.00
Development Marketing Group, Inc. 14760 02/05/2016 Liquid Waste Fund Capital Outlay 4,250.00
Check Total: 4,250.00
Environmental Engr & Cont, Inc 14761 02/05/2016 Liquid Waste Fund Sewer Maint-FOG Prog Contract 8,711.54
Check Total: 8,711.54
Jim Ferryman 14762 02/05/2016 Solid Waste Fund Board Development 12.96
Jim Ferryman 14762 02/05/2016 Liquid Waste Fund Board Development 116.64
Jim Ferryman 14762 02/05/2016 Solid Waste Fund Board Development 5.58
Jim Ferryman 14762 02/05/2016 Solid Waste Fund Board Development 50.26
Check Total: 185.44
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 3
Check Number Check Date Account Name Vendor NameFund Name Void Amount
GE Capital 14763 02/05/2016 Solid Waste Fund Equipment Maintenance 31.63
GE Capital 14763 02/05/2016 Liquid Waste Fund Equipment Maintenance 284.66
GE Capital 14763 02/05/2016 Solid Waste Fund Equipment Maintenance 28.92
GE Capital 14763 02/05/2016 Liquid Waste Fund Equipment Maintenance 260.29
Check Total: 605.50
Geo-ETKA, Inc. 14764 02/05/2016 Liquid Waste Fund Pump Stn Emerg. Eqpt. #196 650.00
Geo-ETKA, Inc. 14764 02/05/2016 Liquid Waste Fund Pump Stn Emerg. Eqpt. #196 450.00
Check Total: 1,100.00
Harper & Burns LLP 14765 02/05/2016 Solid Waste Fund Legal Services 551.60
Harper & Burns LLP 14765 02/05/2016 Solid Waste Fund Legal Services 323.08
Harper & Burns LLP 14765 02/05/2016 Liquid Waste Fund Legal Services 1,479.00
Harper & Burns LLP 14765 02/05/2016 Liquid Waste Fund Legal Services 886.50
Harper & Burns LLP 14765 02/05/2016 Solid Waste Fund Legal Services 173.36
Harper & Burns LLP 14765 02/05/2016 Liquid Waste Fund Legal Services 693.44
Harper & Burns LLP 14765 02/05/2016 Liquid Waste Fund Legal Services 3,388.40
Harper & Burns LLP 14765 02/05/2016 Liquid Waste Fund Legal Services 1,292.32
Check Total: 8,787.70
Danielle Hopper-Sanchez 14766 02/05/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Louise Houston 14767 02/05/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Hydrex Pest Control Company of California 14768 02/05/2016 Solid Waste Fund Building Maintenance 8.40
Hydrex Pest Control Company of California 14768 02/05/2016 Liquid Waste Fund Building Maintenance 75.60
Check Total: 84.00
Independent Special Dist of OC 14769 02/05/2016 Solid Waste Fund Prof Membership/Dues 20.00
Independent Special Dist of OC 14769 02/05/2016 Liquid Waste Fund Prof Membership/Dues 180.00
Check Total: 200.00
Irvine Ranch Water District 14770 02/05/2016 Liquid Waste Fund Sewer Maint- Water Pumps 44.32
Check Total: 44.32
Cathy Kitto 14771 02/05/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Lan Wan Enterprise Inc 14772 02/05/2016 Solid Waste Fund Computer Licenses & Maint 240.66
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 4
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Lan Wan Enterprise Inc 14772 02/05/2016 Liquid Waste Fund Computer Licenses & Maint 2,165.97
Lan Wan Enterprise Inc 14772 02/05/2016 Liquid Waste Fund Small Tools/Equipment 38.87
Lan Wan Enterprise Inc 14772 02/05/2016 Solid Waste Fund Small Tools/Equipment 4.32
Lan Wan Enterprise Inc 14772 02/05/2016 Solid Waste Fund Professional Services 395.00
Lan Wan Enterprise Inc 14772 02/05/2016 Liquid Waste Fund Professional Services 3,555.00
Lan Wan Enterprise Inc 14772 02/05/2016 Liquid Waste Fund Professional Services 240.00
Lan Wan Enterprise Inc 14772 02/05/2016 Solid Waste Fund Capital Outlay 48.19
Lan Wan Enterprise Inc 14772 02/05/2016 Liquid Waste Fund Capital Outlay 433.75
Check Total: 7,121.76
Hazel Lepard 14773 02/05/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Liebert Cassidy Whitmore 14774 02/05/2016 Solid Waste Fund Legal Services 64.50
Liebert Cassidy Whitmore 14774 02/05/2016 Liquid Waste Fund Legal Services 258.00
Check Total: 322.50
Mesa Water District 14775 02/05/2016 Liquid Waste Fund Sewer Maint- Water Pumps 21.89
Mesa Water District 14775 02/05/2016 Liquid Waste Fund Sewer Maint- Water Pumps 21.89
Mesa Water District 14775 02/05/2016 Liquid Waste Fund Sewer Maint- Water Pumps 21.90
Check Total: 65.68
Office Depot 14776 02/05/2016 Liquid Waste Fund Building Maintenance 47.85
Office Depot 14776 02/05/2016 Solid Waste Fund Building Maintenance 5.32
Office Depot 14776 02/05/2016 Liquid Waste Fund Building Maintenance 20.83
Office Depot 14776 02/05/2016 Solid Waste Fund Building Maintenance 2.31
Check Total: 76.31
Bob Ooten 14777 02/05/2016 Solid Waste Fund Board Development 14.04
Bob Ooten 14777 02/05/2016 Solid Waste Fund Board Development 4.61
Bob Ooten 14777 02/05/2016 Liquid Waste Fund Board Development 126.36
Bob Ooten 14777 02/05/2016 Liquid Waste Fund Board Development 41.50
Check Total: 186.51
Orange County Sanitation Distr 14778 02/05/2016 Liquid Waste Fund OCSD Fees-CMSD Share -726.65
Orange County Sanitation Distr 14778 02/05/2016 Liquid Waste Fund Due to OCSD 14,533.00
Check Total: 13,806.35
Ortiz Landscaping & Maintenance 14779 02/05/2016 Liquid Waste Fund Building Maintenance 121.50
Ortiz Landscaping & Maintenance 14779 02/05/2016 Solid Waste Fund Building Maintenance 13.50
Ortiz Landscaping & Maintenance 14779 02/05/2016 Liquid Waste Fund Sewer Maint-Bldg Maint 75.00
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 5
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 210.00
Art Perry 14780 02/05/2016 Solid Waste Fund Board Development 4.23
Art Perry 14780 02/05/2016 Liquid Waste Fund Board Development 124.42
Art Perry 14780 02/05/2016 Solid Waste Fund Board Development 13.82
Art Perry 14780 02/05/2016 Liquid Waste Fund Board Development 38.08
Check Total: 180.55
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Engineering/Architectual Serv 1,530.00
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Engineering/Architectual Serv 2,782.50
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Plan Ck/Inspection-Inside 2,205.00
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Plan Ck/Inspection-Inside 472.50
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Plan Ck/Inspection-Outside 3,237.50
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Plan Ck/Inspection-Outside 577.50
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Plan Ck/Inspection-Swr Lateral 1,855.00
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Force Main Upgrades #200 193.50
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Force Main Upgrades #200 1,351.00
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Elden PS Valve/Repipe #202 5,512.50
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Indus Relining Project #310 9,030.00
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Aviemore PS Project #312 367.50
Robin B. Hamers & Assoc., Inc. 14781 02/05/2016 Liquid Waste Fund Aviemore PS Project #312 4,322.50
Check Total: 33,437.00
Arlene Schafer 14782 02/05/2016 Liquid Waste Fund Board Development 164.67
Arlene Schafer 14782 02/05/2016 Liquid Waste Fund Board Development 7.78
Arlene Schafer 14782 02/05/2016 Solid Waste Fund Board Development 18.30
Arlene Schafer 14782 02/05/2016 Solid Waste Fund Board Development 0.86
Check Total: 191.61
Michael Scheafer 14783 02/05/2016 Solid Waste Fund Board Development 14.58
Michael Scheafer 14783 02/05/2016 Liquid Waste Fund Board Development 131.22
Michael Scheafer 14783 02/05/2016 Solid Waste Fund Board Development 0.92
Michael Scheafer 14783 02/05/2016 Liquid Waste Fund Board Development 8.28
Check Total: 155.00
Schuler Engineering Corp. 14784 02/05/2016 Liquid Waste Fund Aviemore PS Project #312 67,331.00 0.00
Check Total: 0.00
Securitas Security Service USA, Inc. 14785 02/05/2016 Liquid Waste Fund Building Maintenance 115.20
Securitas Security Service USA, Inc. 14785 02/05/2016 Solid Waste Fund Building Maintenance 12.80
Securitas Security Service USA, Inc. 14785 02/05/2016 Solid Waste Fund Building Maintenance 18.40
Securitas Security Service USA, Inc. 14785 02/05/2016 Liquid Waste Fund Building Maintenance 165.60
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 6
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Securitas Security Service USA, Inc. 14785 02/05/2016 Solid Waste Fund Building Maintenance 21.60
Securitas Security Service USA, Inc. 14785 02/05/2016 Liquid Waste Fund Building Maintenance 194.40
Securitas Security Service USA, Inc. 14785 02/05/2016 Liquid Waste Fund Building Maintenance 198.00
Securitas Security Service USA, Inc. 14785 02/05/2016 Solid Waste Fund Building Maintenance 22.00
Check Total: 748.00
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 68.92
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 52.66
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 32.55
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 205.51
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 162.56
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 72.19
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 245.55
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 177.62
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 264.79
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 88.52
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 75.10
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 237.10
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 420.73
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 252.28
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 78.85
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 842.86
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 52.28
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 149.45
Southern California Edison 14786 02/05/2016 Solid Waste Fund Electric - Building 44.84
Southern California Edison 14786 02/05/2016 Liquid Waste Fund Electric - Building 403.51
Check Total: 3,927.87
Southern California Gas Company 14787 02/05/2016 Liquid Waste Fund Sewer Maint-Pump Stn Maint 24.88
Southern California Gas Company 14787 02/05/2016 Liquid Waste Fund Gas - Building 43.80
Southern California Gas Company 14787 02/05/2016 Liquid Waste Fund Sewer Maint-Gas Bldg 45.82
Southern California Gas Company 14787 02/05/2016 Solid Waste Fund Gas - Building 4.87
Check Total: 119.37
Robert Souza 14788 02/05/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 208.94
Check Total: 208.94
Spec Dist Risk Mgt Authority 14789 02/05/2016 Liquid Waste Fund Vision Insurance 207.30
Spec Dist Risk Mgt Authority 14789 02/05/2016 Liquid Waste Fund Swr Maint - Cafeteria Plan 181.91
Spec Dist Risk Mgt Authority 14789 02/05/2016 Liquid Waste Fund Cafeteria Plan 143.20
Spec Dist Risk Mgt Authority 14789 02/05/2016 Liquid Waste Fund Swr Maint - Cafeteria Plan 96.74
Spec Dist Risk Mgt Authority 14789 02/05/2016 Solid Waste Fund Benefits Admin Costs 2.97
Spec Dist Risk Mgt Authority 14789 02/05/2016 Solid Waste Fund Cafeteria Plan 93.88
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 7
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Spec Dist Risk Mgt Authority 14789 02/05/2016 Liquid Waste Fund Benefits Admin Costs 39.21
Spec Dist Risk Mgt Authority 14789 02/05/2016 Liquid Waste Fund Dental Insurance 930.04
Spec Dist Risk Mgt Authority 14789 02/05/2016 Liquid Waste Fund Cafeteria Plan 63.57
Spec Dist Risk Mgt Authority 14789 02/05/2016 Solid Waste Fund Cafeteria Plan 46.99
Spec Dist Risk Mgt Authority 14789 02/05/2016 Solid Waste Fund Benefits Admin Costs 14.25
Check Total: 1,820.06
TelePacific Communications 14790 02/05/2016 Solid Waste Fund EOC Equipment & Supplies 30.66
TelePacific Communications 14790 02/05/2016 Liquid Waste Fund EOC Equipment & Supplies 275.94
Check Total: 306.60
U.S. Healthworks Medical Group, PC 14791 02/05/2016 Liquid Waste Fund Medical/Employment Services 100.00
U.S. Healthworks Medical Group, PC 14791 02/05/2016 Liquid Waste Fund Medical/Employment Services 100.00
Check Total: 200.00
VantagePoint Transfer Agents 14792 02/05/2016 Liquid Waste Fund Deferred Compensation - 457 5.00
VantagePoint Transfer Agents 14792 02/05/2016 Liquid Waste Fund Deferred Compensation - 457 2,365.42
Check Total: 2,370.42
VantagePoint Transfer Agents 14793 02/05/2016 Liquid Waste Fund Deferred Medical-RHS-Employee 877.74
Check Total: 877.74
Verizon Wireless 14794 02/05/2016 Liquid Waste Fund Sewer Maint-Telephone 312.18
Check Total: 312.18
Walters Wholesale Electric Co. 14795 02/05/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 257.55
Check Total: 257.55
Bank of America 14796 02/10/2016 Liquid Waste Fund Sewer Maint-Staff Development 68.97
Bank of America 14796 02/10/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 14.02
Bank of America 14796 02/10/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 98.35
Bank of America 14796 02/10/2016 Solid Waste Fund Office Supplies 1.50
Bank of America 14796 02/10/2016 Solid Waste Fund Equipment Maintenance 21.59
Bank of America 14796 02/10/2016 Liquid Waste Fund Office Supplies 13.50
Bank of America 14796 02/10/2016 Liquid Waste Fund Sewer Maint-Bldg Maint 26.54
Bank of America 14796 02/10/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 10.23
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 13.50
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 405.00
Bank of America 14796 02/10/2016 Liquid Waste Fund Building Maintenance 69.12
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 35.73
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 33.14
Bank of America 14796 02/10/2016 Solid Waste Fund Office Supplies 13.95
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 8
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 1.50
Bank of America 14796 02/10/2016 Liquid Waste Fund Office Supplies 125.52
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 321.53
Bank of America 14796 02/10/2016 Solid Waste Fund Building Maintenance 7.68
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 3.68
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 36.00
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 18.00
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 3.68
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 35.73
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 1.50
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 321.53
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 45.00
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 13.50
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 90.00
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 4.00
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 810.00
Bank of America 14796 02/10/2016 Solid Waste Fund Board Development 2.00
Bank of America 14796 02/10/2016 Liquid Waste Fund Board Development 33.17
Bank of America 14796 02/10/2016 Solid Waste Fund Computer Licenses & Maint 2.30
Bank of America 14796 02/10/2016 Liquid Waste Fund Computer Licenses & Maint 20.72
Bank of America 14796 02/10/2016 Solid Waste Fund Building Maintenance 4.38
Bank of America 14796 02/10/2016 Liquid Waste Fund Building Maintenance 39.38
Bank of America 14796 02/10/2016 Solid Waste Fund Staff Development 69.50
Bank of America 14796 02/10/2016 Liquid Waste Fund Staff Development 625.50
Check Total: 3,460.94
Schuler Constructors, Inc. 14797 02/10/2016 Liquid Waste Fund Aviemore PS Project #312 67,331.00
Check Total: 67,331.00
Accela, Inc. 14798 02/22/2016 Solid Waste Fund Capital Outlay 233.57
Accela, Inc. 14798 02/22/2016 Liquid Waste Fund Capital Outlay 2,102.10
Accela, Inc. 14798 02/22/2016 Liquid Waste Fund Capital Outlay 2,063.65
Accela, Inc. 14798 02/22/2016 Solid Waste Fund Capital Outlay 229.30
Accela, Inc. 14798 02/22/2016 Liquid Waste Fund Capital Outlay 1,957.51
Accela, Inc. 14798 02/22/2016 Solid Waste Fund Capital Outlay 217.50
Check Total: 6,803.63
Marlene Adams 14799 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
AT&T 14800 02/22/2016 Solid Waste Fund Telephone 53.31
AT&T 14800 02/22/2016 Liquid Waste Fund Telephone 84.87
AT&T 14800 02/22/2016 Liquid Waste Fund Sewer Maint-Telephone 47.05
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 9
Check Number Check Date Account Name Vendor NameFund Name Void Amount
AT&T 14800 02/22/2016 Solid Waste Fund Telephone 9.43
AT&T 14800 02/22/2016 Liquid Waste Fund Sewer Maint-Telephone 163.51
AT&T 14800 02/22/2016 Liquid Waste Fund Telephone 479.82
Check Total: 837.99
Alan Baer 14801 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Edward Bauer 14802 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
George Bonvecchio 14803 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
C3 Office Solutions LLC 14804 02/22/2016 Solid Waste Fund Equipment Maintenance 31.48
C3 Office Solutions LLC 14804 02/22/2016 Liquid Waste Fund Equipment Maintenance 283.28
Check Total: 314.76
City of Costa Mesa 14805 02/22/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 235.57
Check Total: 235.57
City of Costa Mesa 14806 02/22/2016 Solid Waste Fund Public Info/Ed/Community Prom 250.00
Check Total: 250.00
Costa Mesa Chamber of Commerce 14807 02/22/2016 Liquid Waste Fund Prof Membership/Dues 414.00
Costa Mesa Chamber of Commerce 14807 02/22/2016 Solid Waste Fund Prof Membership/Dues 46.00
Check Total: 460.00
CoreLogic Solutions, LLC 14808 02/22/2016 Liquid Waste Fund Computer Licenses & Maint 135.00
CoreLogic Solutions, LLC 14808 02/22/2016 Solid Waste Fund Computer Licenses & Maint 15.00
Check Total: 150.00
CR&R Incorporated Environmental Services 14809 02/22/2016 Solid Waste Fund Household Hazardous Waste 392.00
Check Total: 392.00
CR&R Incorporated Environmental Services 14810 02/22/2016 Solid Waste Fund Trash Hauler 216,801.59
Check Total: 216,801.59
CR Transfer, Inc. 14811 02/22/2016 Solid Waste Fund Recycling/Disposal 75,758.80
CR Transfer, Inc. 14811 02/22/2016 Solid Waste Fund Recycling/Disposal 2,119.34
CR Transfer, Inc. 14811 02/22/2016 Solid Waste Fund Organics Disposal 13,363.07
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 10
Check Number Check Date Account Name Vendor NameFund Name Void Amount
CR Transfer, Inc. 14811 02/22/2016 Solid Waste Fund Recycling/Disposal 64,840.37
CR Transfer, Inc. 14811 02/22/2016 Solid Waste Fund Recycling/Disposal 1,884.95
CR Transfer, Inc. 14811 02/22/2016 Solid Waste Fund Organics Disposal 12,655.75
Check Total: 170,622.28
Cal Soc of Muni Finance Officers 14812 02/22/2016 Solid Waste Fund Staff Development 15.00
Cal Soc of Muni Finance Officers 14812 02/22/2016 Liquid Waste Fund Staff Development 135.00
Check Total: 150.00
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Pharmaceutical Program 187.20
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Pharmaceutical Program 202.50
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Pharmaceutical Program 222.75
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Pharmaceutical Program 90.00
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Pharmaceutical Program 24.30
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Pharmaceutical Program 229.05
WM Curbside, LLC 14813 02/22/2016 Solid Waste Fund Sharps Program 115.00
Check Total: 1,760.80
CWEA-SARBS 14814 02/22/2016 Liquid Waste Fund Sewer Maint-Prof Member/Dues 164.00
CWEA-SARBS 14814 02/22/2016 Liquid Waste Fund Sewer Maint-Prof Member/Dues 164.00
Check Total: 328.00
Cecil Davidson 14815 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 700.00
Check Total: 700.00
DavisFarr LLP 14816 02/22/2016 Solid Waste Fund Fiscal Services 595.18
DavisFarr LLP 14816 02/22/2016 Liquid Waste Fund Fiscal Services 1,105.32
Check Total: 1,700.50
Leonard De Gennaro 14817 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Environmental Education Services and Programs 14818 02/22/2016 Solid Waste Fund Educational Programs 849.60
Check Total: 849.60
Desiree Faase 14819 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 11
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 1,100.00
FedEx 14820 02/22/2016 Liquid Waste Fund Postage 29.39
Check Total: 29.39
Fleet Services, Inc. 14821 02/22/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 130.25
Check Total: 130.25
Iron Mountain Incorporated 14822 02/22/2016 Liquid Waste Fund Contract Services 93.74
Iron Mountain Incorporated 14822 02/22/2016 Solid Waste Fund Contract Services 10.42
Check Total: 104.16
Irvine Ranch Water District 14823 02/22/2016 Liquid Waste Fund Sewer Maint- Water Pumps 10.30
Irvine Ranch Water District 14823 02/22/2016 Liquid Waste Fund Sewer Maint- Water Pumps 9.61
Check Total: 19.91
Robert Kupper 14824 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Lan Wan Enterprise Inc 14825 02/22/2016 Solid Waste Fund Computer Licenses & Maint 178.89
Lan Wan Enterprise Inc 14825 02/22/2016 Liquid Waste Fund Computer Licenses & Maint 1,609.99
Check Total: 1,788.88
Janet Loftus 14826 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 627.50
Check Total: 627.50
Christopher Lupis 14827 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Christy McAnlis 14828 02/22/2016 Liquid Waste Fund Permits/Inspection Fees 120.00
Christy McAnlis 14828 02/22/2016 Facilities Revolving Fund Fixture Fees 189.75
Christy McAnlis 14828 02/22/2016 Liquid Waste Fund Sewer Permits 120.00
Check Total: 429.75
Mesa Water District 14829 02/22/2016 Liquid Waste Fund Sewer Maint- Water Pumps 22.12
Check Total: 22.12
Suzie Morse 14830 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Municipal Maintenance Equipment 14831 02/22/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 122.16
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 12
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Municipal Maintenance Equipment 14831 02/22/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 26.41
Check Total: 148.57
Office Depot 14832 02/22/2016 Liquid Waste Fund Building Maintenance 65.10
Office Depot 14832 02/22/2016 Solid Waste Fund Building Maintenance 7.23
Office Depot 14832 02/22/2016 Liquid Waste Fund Building Maintenance 26.22
Office Depot 14832 02/22/2016 Solid Waste Fund Building Maintenance 2.91
Office Depot 14832 02/22/2016 Solid Waste Fund Building Maintenance 4.86
Office Depot 14832 02/22/2016 Liquid Waste Fund Building Maintenance 43.73
Office Depot 14832 02/22/2016 Solid Waste Fund Office Supplies 11.98
Office Depot 14832 02/22/2016 Liquid Waste Fund Office Supplies 107.77
Office Depot 14832 02/22/2016 Solid Waste Fund Board Development 5.08
Office Depot 14832 02/22/2016 Liquid Waste Fund Board Development 45.71
Office Depot 14832 02/22/2016 Solid Waste Fund Board Development 0.43
Office Depot 14832 02/22/2016 Liquid Waste Fund Board Development 3.88
Office Depot 14832 02/22/2016 Solid Waste Fund Office Supplies 4.25
Office Depot 14832 02/22/2016 Liquid Waste Fund Office Supplies 38.29
Office Depot 14832 02/22/2016 Solid Waste Fund Office Supplies 1.48
Office Depot 14832 02/22/2016 Liquid Waste Fund Office Supplies 13.28
Check Total: 382.20
O.S.T.S., Inc. 14833 02/22/2016 Solid Waste Fund Staff Development 43.00
O.S.T.S., Inc. 14833 02/22/2016 Liquid Waste Fund Staff Development 387.00
Check Total: 430.00
Penny Parr 14834 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Plumbers Depot Inc. 14835 02/22/2016 Liquid Waste Fund Sewer Maint-Small Tools/Eq 561.60
Check Total: 561.60
Professional Pipe Services 14836 02/22/2016 Liquid Waste Fund Sewer Maint-Sewer Line Tele 975.00
Check Total: 975.00
Toni Ray 14837 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 498.50
Check Total: 498.50
Southern California Edison 14838 02/22/2016 Liquid Waste Fund Sewer Maint-Elec Bldg 26.73
Southern California Edison 14838 02/22/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 493.79
Check Total: 520.52
Arlene Schafer 14839 02/22/2016 Liquid Waste Fund Board Development 60.61
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 13
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Arlene Schafer 14839 02/22/2016 Solid Waste Fund Board Development 6.73
Check Total: 67.34
Securitas Security Service USA, Inc. 14840 02/22/2016 Solid Waste Fund Building Maintenance 20.00
Securitas Security Service USA, Inc. 14840 02/22/2016 Liquid Waste Fund Building Maintenance 180.00
Check Total: 200.00
Frank Smith 14841 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Kevin Swinney 14842 02/22/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
VantagePoint Transfer Agents 14843 02/22/2016 Liquid Waste Fund Deferred Compensation - 457 2,365.42
Check Total: 2,365.42
VantagePoint Transfer Agents 14844 02/22/2016 Liquid Waste Fund Deferred Medical-RHS-Employee 887.76
Check Total: 887.76
Xylem Water Solutions USA, Inc. 14845 02/22/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 7,901.82
Check Total: 7,901.82
First American Title Insurance Company 14846 02/22/2016 Liquid Waste Fund Capital Outlay 400,000.00
Check Total: 400,000.00
County of Orange 14852 02/29/2016 Liquid Waste Fund Computer Licenses & Maint 2,706.19
Check Total: 2,706.19
Trendzitions 14853 02/29/2016 Liquid Waste Fund Capital Outlay 1,937.50
Check Total: 1,937.50
Report Total: 1,284,611.64
AP-Checks for Approval (3/10/2016 - 3:48 PM)Page 14
Vendors Descriptions Amount
Big Fish Printing Embroider CMSD Logo on Maintenance Assistant Jacket 15.00
CDSA 2016 Special District Leadership Academy Conf (SDLA) 1/24‐1/27/16 ‐ JF & AS 900.00
CM Chamber of Commerce Costa Mesa Chamber Breakfast ‐ RO 15.00
CM Chamber of Commerce Costa Mesa Chamber Breakfast ‐ AS 15.00
Corner Cleaner Dry Cleaning‐ Table Cloths for Events 76.80
CSDA 2016 SDLA Conf 1/24‐1/27/16 ‐ RO 450.00
Embassy Suites La Quinta Lodging 2016 SDLA Conf 1/25‐1/2716 JF 357.26
Embassy Suites La Quinta Lodging 2016 SDLA Conf 1/25‐1/2716 AS 357.26
Fox Trax GPS Monitoring (6) 119.94
Gaylord Bros Inc. Document Archival Boxes 139.47
Home Depot Hanging Kits & Rope 10.23
Home Depot Remotes Battery 14.02
Home Depot Paper Products 43.76
IBackup Computer Support 23.02
ICMA Webinar Training: 2016 Effective Supervisory Practices Six Part Series 695.00
MWDOC ISDOC Quarterly Meeting 1/28/16 ‐ MS 20.00
MWDOC ISDOC Quarterly Meeting 1/28/16 ‐ AS & RO 40.00
Panera Monthly Meeting Refreshments 1/19/16‐ GM & Directors 36.85
Round Table Refreshments SSO Meeting 1/20/16 68.97
Smart & Final Board Refreshment 36.82
Smart & Final District Yard Paper Products 26.54
CMSD Check No. 14796 3,460.94
Costa Mesa Sanitary District
Bank of America Activity
February 2016
Costa Mesa Sanitary District
... an Independent Special District
Payroll Transparency Disclosure for February 2016
Item Number:7.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Payroll Transparency Disclosure for February 2016 Cover Memo
Costa Mesa Sanitary District
... an Independent Special District
Directors’ Compensation and Reimbursement of Expenses
Item Number:8.
Recommendation/Notes:
Recommendation: That the Board of Directors approve the following:
a. Directors’ compensation for the month of February 2016; and
b. Directors’ reimbursement of expenses for the month of February 2016.
ATTACHMENTS:
Description Type
a. Directors Compensation Cover Memo
b. Directors Expense Reimbursement Cover Memo
Costa Mesa Sanitary District
... an Independent Special District
Sewer Lateral Assistance Program (SLAP) Update
Item Number:9.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Sewer Lateral Assistance Program (SLAP) Update Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Wendy H. Davis, Finance Manager
Date: March 24, 2016
Subject: Sewer Lateral Assistance Program (SLAP) Update
Summary
The following is a summary of the Sewer Lateral Assistance Program (SLAP) activity
for the 2015-2016 fiscal year as of February 29, 2016:
Adopted SLAP Budget (181 Applications) 200,000$
FY 14-15 Carryover Budget (48 Applications) 64,200
Transfer-out to SLAP Inspection Account (10,000)
Total Budget** 254,200$
FY 15-16 New Applications Received 170
Applications Processed for Payment* 137 136,304$
Applications In Process 75 84,450
Available SLAP Spots Based on Funding 30 33,000
Total Projected Cost 253,754$
* Includes applications started in prior fiscal year but completed in current fiscal year.
** Funds remaining at the end of the fiscal year will be carried forward.
Staff Recommendation
That the Board of Directors approve and file this report.
Costa Mesa Sanitary District
... an Independent Special District
Investment Report for the Month of February 2016
Item Number:10.
Recommendation/Notes:
Recommendation: That the Board of Directors approves the Investment Report for the month
of February 2016.
ATTACHMENTS:
Description Type
Investment Report for the Month of February 2016 Cover Memo
Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
From: Marc Davis, Treasurer
Date: March 24, 2016
Subject: Investment Report for the Month of February 2016
Summary
Attached is the Investment Report for the month of February 2016. 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 February 2016.
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 February 29,
2016. The District’s investments are in compliance with the Statement of Investment Policy
adopted by the Board at the June 25, 2015 regular meeting, as well as the California
Government Code. The market values in this report were provided by our third party
custodian, Pershing, LLC, 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.
The weighted average stated rate of return (current yield) for the District’s investment
portfolio as of February 29, 2016, was 1.059%. The yield to maturity of the portfolio was
1.067%. The District’s weighted average interest rate was 59 basis points (0.592%) above
the LAIF average monthly rate for February 2016 of 0.467%. The weighted average number
of days to maturity for the District’s total portfolio was 791 days (2.17 years). The average
duration of the underlying securities in LAIF as of February 29, 2016 was 159 days.
Board of Directors
March 24, 2016
Page 2 of 2
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 February 29, 2016 was 38.19%. The
District has adequate cash 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.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act
(CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows
an agency while establishing its own procedures “to list those specific activities which fall
within each of the exempt classes”, and the District has adopted “CEQA Guidelines and
Implementing Procedures” that state on page 6, “”Projects” does not include….C.
Continuing administrative or maintenance activities.”
Financial Review
The portfolio was budgeted to earn an average rate of 0.900% for the year ending June 30,
2016. Through February 29, 2016, the portfolio has earned a weighted average interest
rate of 1.117%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
March 24, 2016 Board of Directors regular meeting at District Headquarters (628 W. 19th
Street) and on the District’s website at www.cmsdca.gov.
Alternative Actions
1. Refer the matter back to staff
Attachments
Treasurer’s Report of Pooled Cash and Investments as of February 29, 2016
`
Deposits Outstanding
Bank Balance In Transits Checks Book Balance
Active Accounts:
Bank of America 330,435.43$ 19,424.31 237,690.00 112,169.74$
Total Active Accounts 330,435.43 19,424.31 237,690.00 112,169.74
Market Value Increase Decrease Cost
Investments:
Local Agency Investment Fund 4,942,841.25$ - - 4,942,841.25
Money Market/Sweep Account 2,427,189.60 - - 2,427,189.60
Negotiable Certificates of Deposit 2,850,863.70 11,961.20 - 2,838,902.50
Federal Agency Securities 10,738,651.40 12,206.40 - 10,726,445.00
Total Investments 20,959,545.95 24,167.60 - 20,935,378.35
Total Pooled Cash & Investments 21,289,981.38$ 43,591.91$ 237,690.00$ 21,047,548.09$
Solid Waste Fund:
Operating Reserve 1,720,000.00$
Unreserved:
Designated for revenue dry period 1,494,000.00
Undesignated 2,029,730.77
Liquid Waste Fund:
Operating Reserve 960,000.00
Reserved for Earthquakes/Emergencies 1,000,000.00
Reserved for Capital Outlay 4,960,800.00
Unreserved:
Designated for revenue dry period 2,467,300.00
Undesignated (364,353.57)
Facilities Revolving Fund 668,137.09
Asset Replacement Fund 925,033.36
Asset Management Fund 5,186,900.44
Total Pooled Cash & Investments 21,047,548.09$
Market Adjustment
Treasurer
C O S T A M E S A S A N I T A R Y D I S T R I C T
Treasurer's Report of Pooled Cash and Investments
February 29, 2016
DateMarcus D. Davis
Costa Mesa Sanitary District
Pooled Cash and Investments by Fund
February 29, 2016
3/15/16
1
Total investments outstanding as of January 31, 2016 21,835,378.35$
Additions:
Investment purchases:
Wells Fargo negotiable CD, 2, yr, 1.15%, 2/12/16 140,000.00
FHLMC, 3 yr, 1.30%, 2/26/16 300,000.00
Total investment purchases 440,000.00
Deductions:
Investments matured:
Commenity Bank negotiable CD, 2 yr, 0.75%, 2/25/16 (125,000.00)
Total investments matured (125,000.00)
Investments called :
FHLMC, 2.00%, 5 yr, purchased 11/30/15, called 2/25/16 (500,000.00)
FHLB, 1.50%, 5 yr, purchased 5/28/15, called 2/28/16 (800,000.00)
FHLB, 1.10%, 5 yr, purchased 2/28/13, called 2/28/16 (1,000,000.00)
Total investments called (2,300,000.00)
Total deductions (2,425,000.00)
Net increase (decrease) in Sweep Account 1,985,000.00
Net increase (decrease) in LAIF (900,000.00)
Total investments outstanding as of February 29, 2016 20,935,378.35$
C O S T A M E S A S A N I T A R Y D I S T R I C T
Investment Activity Summary
February 29, 2016
2
Interest
CUSIP Purchase Maturity Coupon Investment Earned at
Number Investment Date Date Rate Cost 11/30/15
n/a Local Agency Investment Fund n/a n/a 0.446%4,942,841.25$ n/a **
n/a Pershing-Sweep Acct n/a n/a 0.000%2,427,189.60 n/a
3135G0RQ8 Federal National Mortgage Assn 11/15/12 11/15/17 1.000%1,000,000.00 2,888.89
313382HR7 Federal Home Loan Bank 03/27/13 03/27/18 1.130%1,000,000.00 4,771.11
3136G1L31 Federal National Mortgage Assn 05/15/13 05/15/17 0.700%1,000,000.00 2,022.22
87165FAC8 Synchrony Bank Retail CTF Dep 06/06/14 06/06/19 2.000%99,500.00 454.79
06740KGY7 Barclays Bank Retail CTF Dep 07/02/14 07/05/16 0.650%99,825.00 103.29
795450VP7 Sallie Mae Bank CTF Dep 12/25/14 12/12/16 1.050%125,000.00 291.27
38148JGK1 Goldman Sachs Bank USA CTF Dep 01/07/15 01/07/19 1.900%200,000.00 551.78
69506YCJ6 Pacific Westin Bank CTF Dep 03/20/15 03/18/16 0.500%200,000.00 947.95
02587DXL7 American Exp Centurion CTF Dep 05/01/15 05/01/17 0.900%199,700.00 601.64
29976DXK1 Everbank Jacksonville FLA CTF Dep 05/28/15 05/27/16 0.450%200,000.00 683.01
140420SW1 Capital One Bank CTF Dep 07/01/15 07/01/19 1.950%245,000.00 772.25
254672QY7 Discover Bank CTF Dep 07/01/15 07/01/20 2.300%245,000.00 910.86
3130A5TW9 Federal Home Loan Bank 07/27/15 07/27/20 2.000%1,000,000.00 1,777.78
20451PMU7 Compass Bank CTF Dep 08/07/15 07/31/17 1.300%200,000.00 206.58
02006LTZ6 Ally Bank CTF Dep 09/17/15 09/17/18 1.650%245,000.00 1,827.43
3134G7YH8 Federal Home Loan Mortgage Corp 09/30/15 09/30/20 1.750%250,000.00 1,810.76
3133EFJQ1 Federal Farm Credit Bank 10/15/15 10/15/19 1.440%1,000,000.00 5,360.00
3133EFKA4 Federal Farm Credit Bank 10/19/15 01/14/20 1.500%499,875.00 937.50
05580ADA9 BMW Bank CTF Dep 10/21/15 10/16/17 1.150%244,877.50 1,049.81
3136G2QA8 Federal National Mortgage Assn 10/27/15 10/27/20 1.470%250,000.00 1,245.42
3133EFMG9 Federal Farm Credit Bank 10/29/15 10/29/20 1.680%1,000,000.00 5,600.00
3133EFNM5 Federal Farm Credit Bank 11/09/15 11/09/20 1.800%500,000.00 2,750.00
3133EFPM3 Federal Farm Credit Bank 11/23/15 11/23/20 1.875%1,000,000.00 5,000.00
3136G2TV9 Federal National Mortgage Assn 11/23/15 11/20/20 1.850%429,570.00 2,187.63
3136G2T72 Federal National Mortgage Assn 11/25/15 11/25/20 1.700%997,000.00 4,438.89
066519BB4 BankUnited CTF Dep 11/30/15 11/30/18 1.450%245,000.00 885.69
27113PAW1 East Boston Savings Bank CTF Dep 12/18/15 04/18/17 1.000%150,000.00 45.21
3134G8CE7 Federal Home Loan Mortgage Corp 12/30/15 12/30/19 1.800%500,000.00 1,475.00
9497483K1 Wells Fargo CTF Dep 02/12/16 02/12/18 1.150%140,000.00 74.99
3134G8KL2 Federal Home Loan Mortgage Corp 02/26/16 02/26/19 1.300%300,000.00 32.50
Totals 20,935,378.35$ 51,704.25$
**Represents the LAIF monthly rate for January 2016
Comments
COSTA MESA SANITARY DISTRICT
Investment and Investment Earnings
February 29, 2016
3
Current %
of Market Value
01/31/16 Maximum %
U.S. Treasury Bills 0.00%Unlimited
U.S. Treasury Notes 0.00%Unlimited
Federal Agency Issues:
FICB 0.00%Unlimited
FLB 0.00%Unlimited
FHLB 9.57%Unlimited
FHLMC 5.01%Unlimited
FNMA 17.56%Unlimited
FFCB 19.09%Unlimited
Other *0.00%Unlimited
Banker's Acceptances 0.00%25% (1)
Certificates of Deposit 0.00%25%
Negotiable Certificates of Deposits 13.60%25% (1)
Commercial Paper 0.00%25% (1)
Medium Term Corporate Notes 0.00%20% (1)
LAIF (Local Agency Investment Fund)23.58%40,000,000
Shares of Benefical Interest 0.00%20%
Money Market/Mutual Funds (Sweep Acct)11.58%10% per fund (2)
Total 100.00%
% of portfolio maturing under one year 38.19%no less than 20%
% of portfolio maturing over one year 61.81%
100.00%
(1) Further limited to 10% in any single issuer
(2) Also limited to 20% in total.
*These securities are not considered for purchases: SBA, GNMA, TVA and SALLIEMAE
COSTA MESA SANITARY DISTRICT
Summary of Policy Limitations
February 29, 2016
Description
4
Purchase Maturity Coupon Investment % of Market % ofDescriptionBroker/Dealer Date Date Rate Cost Portfolio Value Portfolio Comments
State Treasurer's Pool LAIF n/a Continuous 0.446%**4,942,841.25$ 4,942,841.25$ Pool
Total State Treasurer's Pool 4,942,841.25 23.61%4,942,841.25 23.58%
Money Market/Sweep Account Pershing n/a Continuous 0.000%2,427,189.60 2,427,189.60 Sweep
Total Money Market/Sweep Account 2,427,189.60 11.59%2,427,189.60 11.58%
Federal Home Loan Mortgage Corp Multi-Bank Securities 09/30/15 09/30/20 1.750%250,000.00 250,242.50 FHLMC
Federal Home Loan Mortgage Corp Multi-Bank Securities 12/30/15 12/30/19 1.800%500,000.00 500,185.00 FHLMC
Federal Home Loan Mortgage Corp Multi-Bank Securities 02/26/16 02/26/19 1.300%300,000.00 300,153.00 FHLMC
Total Federal Home Loan Mortgage Corp 1,050,000.00 5.02%1,050,580.50 5.01%
Federal Home Loan Bank E.J. De La Rosa 03/27/13 03/27/18 1.130%1,000,000.00 1,000,090.00 FHLB
Federal Home Loan Bank Multi-Bank Securities 07/27/15 07/27/20 2.000%1,000,000.00 1,005,610.00 FHLB
Total Federal Home Loan Bank 2,000,000.00 9.55%2,005,700.00 9.57%
Federal National Mortgage Association E.J. De La Rosa 11/15/12 11/15/17 1.000%1,000,000.00 998,750.00 FNMA
Federal National Mortgage Association Union Banc 05/15/13 05/15/17 0.700%1,000,000.00 999,210.00 FNMA
Federal National Mortgage Association Multi-Bank Securities 10/27/15 10/20/15 1.470%250,000.00 250,217.50 FNMA
Federal National Mortgage Association Multi-Bank Securities 11/23/15 11/20/20 1.850%429,570.00 430,378.40 FNMAFederal National Mortgage Association Multi-Bank Securities 11/25/15 11/25/20 1.700%997,000.00 1,002,700.00 FNMA
Total Federal National Mortgage Association 3,676,570.00 17.56%3,681,255.90 17.56%
Federal Farm Credit Bank Multi-Bank Securities 10/15/15 10/15/19 1.440%1,000,000.00 1,000,040.00 FFCB
Federal Farm Credit Bank Multi-Bank Securities 10/19/15 01/14/20 1.500%499,875.00 500,005.00 FFCB
Federal Farm Credit Bank Multi-Bank Securities 10/29/15 10/29/20 1.680%1,000,000.00 997,420.00 FFCB
Federal Farm Credit Bank Multi-Bank Securities 11/09/15 11/09/20 1.800%500,000.00 500,830.00 FFCB
Federal Farm Credit Bank Multi-Bank Securities 11/23/15 11/23/20 1.875%1,000,000.00 1,002,820.00 FFCB
Total Federal Farm Credit Bank 3,999,875.00 19.11%4,001,115.00 19.09%
Synchrony Bank Retail Certificate of Deposit Multi-Bank Securities 06/06/14 06/06/19 2.000%99,500.00 101,329.00 Negotiable CD
Barclays Bank Retail Certificate of Deposit Multi-Bank Securities 07/02/14 07/05/16 0.650%99,825.00 100,050.00 Negotiable CD
Sallie Mae Bank CTF Dep Multi-Bank Securities 12/25/14 12/12/16 1.050%125,000.00 125,165.00 Negotiable CD
Goldman Sachs Bk CTF Dep Multi-Bank Securities 01/07/15 01/07/19 1.900%200,000.00 201,346.00 Negotiable CD
Pacific Westin Bank CTF Dep Multi-Bank Securities 03/20/15 03/18/16 0.500%200,000.00 200,008.00 Negotiable CD
American Exp Centurion CTF Dep Multi-Bank Securities 05/01/15 05/01/17 0.900%199,700.00 200,036.00 Negotiable CD
Everbank Jacksonville FLA CTF Dep Multi-Bank Securities 05/28/15 05/27/16 0.450%200,000.00 199,956.00 Negotiable CD
Capital One Bank CTF Dep Multi-Bank Securities 07/01/15 07/01/19 1.950%245,000.00 246,413.65 Negotiable CD
Discover Bank CTF Dep Multi-Bank Securities 07/01/15 07/01/20 2.300%245,000.00 247,344.65 Negotiable CD
Compass Bank CTF Dep Multi-Bank Securities 08/07/15 07/31/17 1.300%200,000.00 200,226.00 Negotiable CD
Ally Bank CTF Dep Multi-Bank Securities 09/17/15 09/17/18 1.650%245,000.00 246,982.05 Negotiable CD
BMW Bank CTF Dep Multi-Bank Securities 10/21/15 10/16/17 1.150%244,877.50 245,396.90 Negotiable CD
BankUnited CTF Dep Multi-Bank Securities 11/30/15 11/30/18 1.450%245,000.00 246,477.35 Negotiable CD
East Boston Savings Bank CTF Dep Multi-Bank Securities 12/18/15 04/18/17 1.000%150,000.00 149,854.50 Negotiable CD
Wells Fargo CTF Dep Multi-Bank Securities 02/12/16 02/12/18 1.150%140,000.00 140,278.60 Negotiable CD
Total Negotiable Certificates of Deposit 2,838,902.50 13.56%2,850,863.70 13.60%
Total Investments 20,935,378.35$ 100.00%20,959,545.95$ 100.00%
**Represents the LAIF monthly rate for January 2016
COSTA MESA SANITARY DISTRICT
Schedule of Investments by Instrument Type
February 29, 2016
5
Investment Purchase Maturity Days to Coupon Yield to Investment
Broker/Dealer Type Date Date Maturity Rate Maturity Cost
Local Agency Investment Fund Pool 1 0.446%**0.446%4,942,841.25$
Pershing-Sweep Acct Sweep 1 0.000%0.000%2,427,189.60
Multi-Bank Securities Negotiable CD 03/20/15 03/18/16 47 0.500%0.500%200,000.00
Multi-Bank Securities Negotiable CD 05/28/15 05/27/16 117 0.450%0.450%200,000.00
Multi-Bank Securities Negotiable CD 07/02/14 07/05/16 156 0.650%0.650%99,825.00
Multi-Bank Securities Negotiable CD 12/25/14 12/12/16 316 1.050%1.050%125,000.00
Multi-Bank Securities Negotiable CD 12/18/15 04/18/17 443 1.000%1.000%150,000.00
Multi-Bank Securities Negotiable CD 05/01/15 05/01/17 456 0.900%0.900%199,700.00
UnionBanc FNMA 05/15/13 05/15/17 470 0.700%0.700%1,000,000.00
Multi-Bank Securities Negotiable CD 08/07/15 07/31/17 547 1.300%1.300%200,000.00
Multi-Bank Securities Negotiable CD 10/21/15 10/16/17 624 1.150%1.176%244,877.50
E.J. De La Rosa FNMA 11/15/12 11/15/17 654 1.000%1.000%1,000,000.00
Multi-Bank Securities Negotiable CD 02/12/16 02/12/18 743 1.150%1.150%140,000.00
E.J. De La Rosa FHLB 03/27/13 03/27/18 786 1.130%1.130%1,000,000.00
Multi-Bank Securities Negotiable CD 09/17/15 09/17/18 960 1.650%1.650%245,000.00
Multi-Bank Securities Negotiable CD 11/30/15 11/30/18 1,034 1.450%1.450%245,000.00
Multi-Bank Securities Negotiable CD 01/07/15 01/07/19 1,072 1.900%1.900%200,000.00
Multi-Bank Securities FHLMC 02/26/16 02/26/19 1,122 1.300%1.300%300,000.00
Multi-Bank Securities Negotiable CD 06/06/14 06/06/19 1,222 2.000%2.106%99,500.00
Multi-Bank Securities Negotiable CD 07/01/15 07/01/19 1,247 1.950%1.950%245,000.00
Multi-Bank Securities FFCB 10/15/15 10/15/19 1,353 1.440%1.440%1,000,000.00
Multi-Bank Securities FHLMC 12/30/15 12/30/19 1,429 1.800%1.800%500,000.00
Multi-Bank Securities FFCB 10/19/15 01/14/20 1,444 1.500%1.506%499,875.00
Multi-Bank Securities Negotiable CD 07/01/15 07/01/20 1,613 2.300%2.300%245,000.00
Multi-Bank Securities FHLB 07/27/15 07/27/20 1,639 2.000%2.000%1,000,000.00
Multi-Bank Securities FHLMC 09/30/15 09/30/20 1,704 1.750%2.038%250,000.00
Multi-Bank Securities FNMA 10/27/15 10/27/20 1,731 1.470%1.470%250,000.00
Multi-Bank Securities FFCB 10/29/15 10/29/20 1,733 1.680%1.680%1,000,000.00
Multi-Bank Securities FFCB 11/09/15 11/09/20 1,744 1.800%1.800%500,000.00
Multi-Bank Securities FNMA 11/23/15 11/20/20 1,755 1.850%1.871%429,570.00
Multi-Bank Securities FFCB 11/23/15 11/23/20 1,758 1.875%1.875%1,000,000.00
Multi-Bank Securities FNMA 11/25/15 11/25/20 1,760 1.700%1.763%997,000.00
Total Investment Portfolio 20,935,378.35$
Total Portfolio
Weighted Avg Interest Rate 1.054 %
Weighted Avg Yield to Maturity 1.062 %
Weighted Avg Days to Maturity 791 Days 2.17 Years
**Represents the LAIF monthly rate for January 2016
COSTA MESA SANITARY DISTRICT
Investment Portfolio
February 29, 2016
6
Net
Purchase Maturity Intuition Investment Coupon Investment Market Accrued Gain/(Loss)
Date Date Broker/Dealer Type Par Rate Cost Value Interest If Sold
n/a Continuous LAIF Pool 4,942,841.25$ 0.446%**4,942,841.25 4,942,841.25 - -
n/a Continuous Pershing Sweep 2,427,189.60 0.000%2,427,189.60 2,427,189.60 - -
11/15/12 11/15/17 E.J. De La Rosa FNMA 1,000,000.00 1.000%1,000,000.00 998,750.00 2,888.89 (1,250.00)
03/27/13 03/27/18 E.J. De La Rosa FHLB 1,000,000.00 1.130%1,000,000.00 1,000,090.00 4,771.11 90.00
05/15/13 05/15/17 UnionBanc FNMA 1,000,000.00 0.700%1,000,000.00 999,210.00 2,022.22 (790.00)
06/06/14 06/06/19 Multi-Bank Securities Negotiable CD 100,000.00 2.000%99,500.00 101,329.00 454.79 1,829.00
07/02/14 07/05/16 Multi-Bank Securities Negotiable CD 100,000.00 0.650%99,825.00 100,050.00 103.29 225.00
12/25/14 12/12/16 Multi-Bank Securities Negotiable CD 125,000.00 1.050%125,000.00 125,165.00 291.27 165.00
01/07/15 01/07/19 Multi-Bank Securities Negotiable CD 200,000.00 1.900%200,000.00 201,346.00 551.78 1,346.00
03/20/15 03/18/16 Multi-Bank Securities Negotiable CD 200,000.00 0.500%200,000.00 200,008.00 947.95 8.00
05/01/15 05/01/17 Multi-Bank Securities Negotiable CD 200,000.00 0.900%199,700.00 200,036.00 601.64 336.00
05/28/15 05/27/16 Multi-Bank Securities Negotiable CD 200,000.00 0.450%200,000.00 199,956.00 683.01 (44.00)
07/01/15 07/01/19 Multi-Bank Securities Negotiable CD 245,000.00 1.950%245,000.00 246,413.65 772.25 1,413.65
07/01/15 07/01/20 Multi-Bank Securities Negotiable CD 245,000.00 2.300%245,000.00 247,344.65 910.86 2,344.65
07/27/15 07/27/20 Multi-Bank Securities FHLB 1,000,000.00 2.000%1,000,000.00 1,005,610.00 1,777.78 5,610.00
08/07/15 07/31/17 Multi-Bank Securities Negotiable CD 200,000.00 1.300%200,000.00 200,226.00 206.58 226.00
09/17/15 09/17/18 Multi-Bank Securities Negotiable CD 245,000.00 1.650%245,000.00 246,982.05 1,827.43 1,982.05
09/30/15 09/30/20 Multi-Bank Securities FHLMC 250,000.00 1.750%250,000.00 250,242.50 1,810.76 242.50
10/15/15 10/19/15 Multi-Bank Securities FFCB 1,000,000.00 1.440%1,000,000.00 1,000,040.00 5,360.00 40.00
10/19/15 01/14/20 Multi-Bank Securities FFCB 500,000.00 1.500%499,875.00 500,005.00 937.50 130.00
10/21/15 10/16/17 Multi-Bank Securities Negotiable CD 245,000.00 1.150%244,877.50 245,396.90 1,049.81 519.40
10/27/15 10/27/20 Multi-Bank Securities FNMA 250,000.00 1.470%250,000.00 250,217.50 1,245.42 217.50
10/29/15 10/29/20 Multi-Bank Securities FFCB 1,000,000.00 1.680%1,000,000.00 997,420.00 5,600.00 (2,580.00)
11/09/15 11/09/20 Multi-Bank Securities FFCB 500,000.00 1.800%500,000.00 500,830.00 2,750.00 830.00
11/23/15 11/23/20 Multi-Bank Securities FFCB 1,000,000.00 1.875%1,000,000.00 1,002,820.00 5,000.00 2,820.00
11/23/15 11/20/20 Multi-Bank Securities FNMA 430,000.00 1.850%429,570.00 430,378.40 2,187.63 808.40
11/25/15 11/25/20 Multi-Bank Securities FNMA 1,000,000.00 1.700%997,000.00 1,002,700.00 4,438.89 5,700.00
11/30/15 11/30/18 Multi-Bank Securities Negotiable CD 245,000.00 1.450%245,000.00 246,477.35 885.69 1,477.35
12/18/15 04/18/17 Multi-Bank Securities Negotiable CD 150,000.00 1.000%150,000.00 149,854.50 45.21 (145.50)
12/30/15 12/30/19 Multi-Bank Securities FHLMC 500,000.00 1.800%500,000.00 500,185.00 1,475.00 185.00
02/12/16 02/12/18 Multi-Bank Securities Negotiable CD 140,000.00 1.150%140,000.00 140,278.60 74.99 278.60
02/26/16 02/26/19 Multi-Bank Securities FHLMC 300,000.00 1.300%300,000.00 300,153.00 32.50 153.00
Total Investments 20,940,030.85$ 20,935,378.35 20,959,545.95 51,704.25 24,167.60
**Represents the LAIF monthly rate for January 2016
C O S T A M E S A S A N I T A R Y D I S T R I C T
For all Maturities with Market Values
February 29, 2016
7
Type of Purchase Maturity Coupon Investment
Investment Date Date Rate Par Value Cost
FNMA 11/15/12 11/15/17 1.000%1,000,000.00 1,000,000.00 Callable 5/15/13 w/10 days notice, thereafter 8,11,2,5
FHLB 03/27/13 03/27/18 1.130%1,000,000.00 1,000,000.00 Callable 3/27/15, w/5 days notice, thereafter 3,6,9,12
FNMA 05/15/13 05/15/17 0.700%1,000,000.00 1,000,000.00 Callable 5/15/14 w/10 days notice, quarterly thereafter
Negotiable CD 06/06/14 06/06/19 2.000%100,000.00 99,500.00 None
Negotiable CD 07/02/14 07/05/16 0.650%100,000.00 99,825.00 None
Negotiable CD 12/25/14 12/12/16 1.050%125,000.00 125,000.00 None
Negotiable CD 01/07/15 01/07/19 1.900%200,000.00 200,000.00 None
Negotiable CD 03/20/15 03/18/16 0.500%200,000.00 200,000.00 None
Negotiable CD 05/01/15 05/01/17 0.900%200,000.00 199,700.00 None
Negotiable CD 05/28/15 05/27/16 0.450%200,000.00 200,000.00 None
Negotiable CD 07/01/15 07/01/19 1.950%245,000.00 245,000.00 None
Negotiable CD 07/01/15 07/01/20 2.300%245,000.00 245,000.00 None
FHLB 07/27/15 07/27/20 2.000%1,000,000.00 1,000,000.00 Callable 7/27/16 w/5 days notice, quarterly thereafter
Negotiable CD 08/07/15 07/31/17 1.300%200,000.00 200,000.00 None
Negotiable CD 09/17/15 09/17/18 1.650%245,000.00 245,000.00 None
FHLMC 09/30/15 09/30/20 1.750%250,000.00 250,000.00 Callable 12/30/15
FFCB 10/15/15 10/15/19 1.440%1,000,000.00 1,000,000.00 Callable 1/15/16 w/5 days notice, anytime thereafter
FFCB 10/19/15 01/14/20 1.500%500,000.00 499,875.00 Callable 1/14/16 w/5 days notice, anytime thereafter
Negotiable CD 10/21/15 10/17/15 1.150%245,000.00 244,877.50 None
FNMA 10/27/15 10/27/20 1.470%250,000.00 250,000.00 Callable 10/27/16
FFCB 10/29/15 10/29/20 1.680%1,000,000.00 1,000,000.00 Callable 1/29/16 w/5 days notice, anytime thereafter
FFCB 11/09/15 11/09/20 1.800%500,000.00 500,000.00 Callable 11/9/16 w/5 days notice, anytime thereafter
FFCB 11/23/15 11/23/20 1.875%1,000,000.00 1,000,000.00 Callable 11/23/16 w/5 days notice, anytime thereafter
FNMA 11/23/15 11/20/20 1.850%430,000.00 429,570.00 Callable 5/20/16, one time only
FNMA 11/25/15 11/25/20 1.700%1,000,000.00 997,000.00 Callable 11/25/16, one time only
Negotiable CD 11/30/15 11/30/18 1.450%245,000.00 245,000.00 None
Negotiable CD 12/18/15 04/18/17 1.000%150,000.00 150,000.00 None
FHLMC 12/30/15 12/30/19 1.800%500,000.00 500,000.00 Callable 3/30/16, one time only
Negotiable CD 02/12/16 02/12/18 1.150%140,000.00 140,000.00 None
FHLMC 02/26/16 02/26/19 1.300%300,000.00 300,000.00 Callable 5/26/16, one time only
Totals 13,570,000.00$ 13,565,347.50$
COSTA MESA SANITARY DISTRICT
Call Schedule
February 29, 2016
Call Features
8
Cost
50,136.76 In Thousands
1 - 180 Days 7,870$
181 - 365 Days 125
1 - 2 Years 2,795
##########
6,562.50 2 - 3 Years 1,830
##########3 - 4 Years 2,644
4 - 5 Years 5,671
TOTAL 20,935$
COSTA MESA SANITARY DISTRICT
MATURITIES DISTRIBUTION
February 29, 2016
0%
10%
20%
30%
40%
50%
60%
70%
1 - 180
Days
181 - 365
Days
1 - 2
Years
2 - 3
Years
3 - 4
Years
4 - 5
Years
0 0 0 0 0 0
37.59%
0.60%
13.35%
8.74%
12.63%
27.09%
9
Costa Mesa Sanitary District
Portfolio Interest Rate Information
as of February 29, 2016
10
0.00%
0.20%
0.40%
0.60%
0.80%
1.00%
1.20%
1.40%
1.60%
1.80%
2.00%
3 month T-Bill
6 month T-Bill
2 year T-Note
3 year T-Note
5 year T-Note
CMSD-monthly
LAIF-monthly
OC Pool-monthly
Costa Mesa Sanitary District
... an Independent Special District
Refund of Sanitary Assessment - 975 W. 18th Street
Item Number:11.
Recommendation/Notes:
Recommendation: That the Board of Directors approve a refund in the amount of $13,259.49.
ATTACHMENTS:
Description Type
Refund of Sanitary Assessment Overpayment at 975 W. 18th Street in
the Amount of $13,259.49 Cover Memo
Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Wendy Hooper Davis, Finance Manager
Date: March 24, 2016
Subject: Refund of Sanitary Assessment – 975 W 18th Street.
Summary
The District’s wastewater assessment on 975 W 18th Street, Costa Mesa, has been
incorrectly charged since this property has never connected to the District’s wastewater
system. Therefore, staff is recommending a refund for this property of $13,259.49.
Staff Recommendation
That the Board of Directors approve a refund in the amount of $13,259.49.
Analysis
Attached is a request from Mr. Philip Hoofe to the CMSD Board of Directors to refund the
District’s wastewater assessment fees charged on assessor’s parcel number 424-361-07,
located at 975 W 18th Street, Costa Mesa. The property owner has been in contact with
staff regarding a refund of amounts paid over the last 15 years even though this property is
not connected to the District’s wastewater sewer system. The property owner has provided
his request in writing for the Board to consider a refund.
The District’s policy for refunds as stated in the Operations Code, shown below, is pre-
empted in this particular case because it falls under a more specific state statute,
Government Code Section 53082. District Counsel has opined in a letter dated April 20,
2012 that “Section 53082 clearly applies to cases for which refunds are sought but no sewer
services are provided. (§ 53082(b).)”
Board of Directors
March 24, 2016
Page 2 of 3
The District’s policy for refunds as stated in Chapter 9.02 of the Operations Code states:
(a) “For all claims for refunds for sewer or trash service for which a special rule (set forth
below) does not apply, refund procedures and time limitations will be governed by the
Tort Claims Act (Government Code Section 900 et seq.) including, but not limited to,
the requirements that the claimant present a written request for a refund from the Board
within one year of the accrual of the cause of action. Refunds will be allowed if the
claimant's request satisfies the procedures of the Tort Claims Act and if the claimant
establishes that his or her claim is meritorious.
(b) For amounts "paid under protest", refunds may be allowed for up to four years provided
that the procedures of the Health and Safety Code and Revenue and taxation Code
were followed. (See Health and Safety Code Section 5472; Revenue and Taxation
Code Sections 5097 and 5140 et seq.)
(c) Persons who have paid sewer service fees but who have received no service and have
not been connected to the District's system shall be eligible for a refund depending on
when the fees were collected as follows:
(1) If the fees were collected before January 1, 1992, there is no statute of
limitations and the claimant may submit a claim for such amount that he can
prove that he paid and for which he received no service.
(2) If the fees were paid after January 1, 1992, a claim must have been filed within
180 days of the date of the payment.”
In accordance, with the District’s Operations Code and State Law, staff recommends the
Board of Directors approve a refund for fiscal years 2001-2002 through 2014-15
assessments in the amount of $12,187.60. The current year assessments were submitted
to the OC Tax Collector before the correction could be made therefore, staff is also
requesting a refund of the fiscal year 2015-2016 assessment in the amount of $1,071.89.
The total amount to be refunded is $13,259.49.
Strategic Plan Element & Goal
This item complies with the objective and strategy of Strategic Element 5.0., Administrative
Management, which states:
“Objective: To create, maintain and implement policies and procedures to ensure sound
management of the District.”
“Strategy: We will conduct periodic reviews, refine and implement policies and procedures,
and assure the General Manager has the direction and tools necessary for successful
District operations.”
Legal Review
District Counsel opines that the State statute supersedes the District’s Operations Code. It
also clearly provides that in cases where a person paid fees but received no service, and
still owns the same location, it is the District’s responsibility to return fees in their entirety,
regardless of the amount of time the fees were wrongly collected. (§ 53082(c).)
Board of Directors
March 24, 2016
Page 3 of 3
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act
(CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows
an agency while establishing its own procedures “to list those specific activities which fall
within each of the exempt classes”, and the District has adopted “CEQA Guidelines and
Implementing Procedures” that state on page 6 “”Projects” does not include …. C.
Continuing administrative or maintenance activities.”
Financial Review
The $13,259.49 refund requested is detailed in Attachment B, would be paid from
assessments collected in the current fiscal year. The tax roll will be corrected from
“Industrial” to “Exempt” for Fiscal Year 2016-17 sewer assessments.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
March 24, 2016 Board of Directors regular meeting at District headquarters and on District’s
website at www.cmsdca.gov
Alternative Actions
1. Direct staff to report back with more information
Attachment A: Email dated March 10, 2016 from property owner Mr. Philip Hoofe
Attachment B: List of payments from OC Tax-Collector
1
Wendy Davis
From:Philip Hoofe <hottunaphil@yahoo.com>
Sent:Thursday, March 10, 2016 7:49 PM
To:Wendy Davis
Subject:Re: Regarding 975 W 18th Street assessment
To Board of Directors,
This letter is under distress, for many years I have been charged for sewer when I do not have anything on my
property. My property is on 975 W 18th street Costa Mesa it is on rural land. There has never been any source of
sewer on my property and I would like my money back for what I have been wrongfully charged for over 16
years. Each year I have been calling the Costa Mesa Sanitary District stating that I do not have any source of
sewer and each year they tell me they will come to my property to look at it, but they don’t. They lie to me each
year, and keep charging me. I would like this to come to an end, Im sick of being treated so poorly and I want to
be paid back for my rightful compensation.
Sincerely,
Philip Hoofe
On Thursday, March 10, 2016 9:26 AM, Wendy Davis <wdavis@cmsdca.gov> wrote:
Hi Mr. Hoofe,
We are pulling together our documents for our next board meeting and wanted to include your request for
refund. Would you please send me an email requesting a refund for sewer assessments. Please state any and all
facts as you see them. I appreciate your assistance.
Thank you.
Wendy H. Davis
Finance Manager
Costa Mesa Sanitary District
628 W. 19th Street, Costa Mesa, CA 92627
949.645.8400/949.650.2253 fax
wdavis@cmsdca.gov
From: Wendy Davis
Sent: Monday, February 29, 2016 2:26 PM
To: hottunaphil@yahoo.com
2
Cc: Wendy Davis <wdavis@cmsdca.gov>; Permits <permits@cmsdca.gov>
Subject: Regarding 975 W 18th Street assessment
Hi Mr. Hoofe,
I have researched your property and see that it is a parking lot. The District can only provide refunds in
accordance with our Code shown below. If you would please send me an email request for reimbursement
addressed to the Board of Directors, I will place it on the next Board meeting.
The District’s policy for refunds as stated in Chapter 9.02 of the Operations Code states:
(a) “For all claims for refunds for sewer or trash service for which a special rule (set forth below) does not
apply, refund procedures and time limitations will be governed by the Tort Claims Act (Government Code
Section 900 et seq.) including, but not limited to, the requirements that the claimant present a written request
for a refund from the Board within one year of the accrual of the cause of action. Refunds will be allowed if
the claimant's request satisfies the procedures of the Tort Claims Act and if the claimant establishes that his
or her claim is meritorious.
(b) For amounts "paid under protest", refunds may be allowed for up to four years provided that the
procedures of the Health and Safety Code and Revenue and taxation Code were followed. (See Health
and Safety Code Section 5472; Revenue and Taxation Code Sections 5097 and 5140 et seq.)
(c) Persons who have paid sewer service fees but who have received no service and have not been
connected to the District's system shall be eligible for a refund depending on when the fees were collected
as follows:
(1) If the fees were collected before January 1, 1992, there is no statute of limitations and the
claimant may submit a claim for such amount that he can prove that he paid and for which he
received no service.
(2) If the fees were paid after January 1, 1992, a claim must have been filed within 180 days
of the date of the payment.”
Please let me know if you have any questions.
Thank you.
Wendy H. Davis
Finance Manager
Costa Mesa Sanitary District
628 W. 19th Street, Costa Mesa, CA 92627
949.645.8400/949.650.2253 fax
wdavis@cmsdca.gov
APN 424-361-07
Mr. Philip Hoofe
975 W 18th Street
Costa Mesa, CA 92627
Amount
2001 - 2002 437.83$
2002 - 2003 459.71
2003 - 2004 487.31
2004 - 2005 526.32
2005 - 2006 570.70
2006 - 2007 684.82
2007 - 2008 1,025.92
2008 - 2009 1,102.68
2009 - 2010 1,202.81
2010 - 2011 1,202.81
2011 - 2012 1,202.81
2012 - 2013 1,202.81
2013 - 2014 1,030.22
2014 - 2015 1,050.85
2015 - 2016 1,071.89
13,259.49$
Fiscal Year
Total
Costa Mesa Sanitary District
... an Independent Special District
Resolution No. 2016-879 Amending Exhibit A (The Appendix) to the Costa Mesa
Sanitary District Conflict of Interest Code to Add a New Position and Make other
Clarifying Changes in the Listing of Designated Employees
Item Number:12.
Recommendation/Notes:
Recommendation: That the Board of Directors adopts Resolution No. 2016-879.
ATTACHMENTS:
Description Type
Resolution No. 2016-879 Amending Exhibit A (The Appendix) to the
Costa Mesa Sanitary District Conflict of Interest Code to Add a New
Position and Make other Clarifying Changes in the Listing of
Designated Employees
Cover Memo
RESOLUTION NO. 2016-879
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT AMENDING EXHIBIT A
(THE APPENDIX) TO THE COSTA MESA SANITARY
DISTRICT CONFLICT OF INTEREST CODE TO ADD A NEW
POSITION AND MAKE OTHER CLARIFYING
CHANGES IN THE LISTING OF DESIGNATED
EMPLOYEES
WHEREAS, Government Code Sections 81000 et seq. (the Political Reform Act of
1974) require all public agencies to adopt conflict of interest codes and to designate
employees and categories of disclosure; and
WHEREAS, the District has adopted the Model Conflict of Interest Code
promulgated by the Fair Political Practices Commission; and
WHEREAS, the Board of Directors has recently authorized, and the General
Manager has implemented, changes in the District's personnel, including the hiring of a
Finance Manager; and
WHEREAS, the Board of Directors does hereby desire to amend Exhibit A to that
resolution and, in so doing, amend the designated employees that are listed;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby resolve as follows:
1. · Amend the District's Exhibit to its Conflict of interest Code as provided in
the attached Exhibit A, which will supersede Exhibit A in previous versions of the
Conflict of Interest Code.
2. Except as modified, Resolution No. 2010-775 adopting the Conflict of
Interest Code and all other Exhibits thereto shall remain in effect.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary
District at a regular meeting held on the ______ of March, 2016.
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, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Resolution No. 2016-879, was duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof held on the _____ day of March, 2016 by the
following votes
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this _______ day of March, 2016.
Clerk of the Costa Mesa Sanitary District
Costa Mesa Sanitary District
... an Independent Special District
Contract Administration and Inspection Services for Three Sewer Capital
Improvement Projects
Item Number:13.
Recommendation/Notes:
Recommendation: That the Board of Directors receive and file this report. The General
Manager is approving the contract administration and inspection services proposal from Robin
B. Hamers & Associates (RBH) for all three projects totaling $52,640. RBH will perform said
services under his existing contract with the District.
ATTACHMENTS:
Description Type
Contract Administration and Inspection Services for Three Sewer
Capital Improvement Projects Cover Memo
Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 24, 2016
Subject: Contract Administration and Inspection Services for Three Sewer
Capital Improvement Projects
Summary
Robin B. Hamers & Associates (RBH) submitted a proposal to provide contract
administration and inspection services for the following sewer capital improvement
projects:
1. Project No. 200-B, Harbor Force Main Rehabilitation
2. Project No. 202, Elden Pump Station Valve and Pipe Replacement
3. Project No. 310, Indus and Manhole Relining
Staff Recommendation
That the Board of Directors receive and file this report. The General Manager is approving
the contract administration and inspection services proposal from Robin B. Hamers &
Associates (RBH) for all three projects totaling $52,640. RBH will perform said services
under his existing contract with the District.
Analysis
On March 1, 2016 bids for all three projects were opened in which the following companies
are the low bidders:
Project No. 200-B, Harbor Force Main Rehabilitation – GCI Construction - $247,720
Project No. 202, Elden PS Valve and Pipe Replacement – GCI Construction - $259,300
Project No. 310, Indus and Manhole Relining – Insituform Technologies - $218,458
Board of Directors
March 24, 2016
Page 2 of 3
Tonight the Board is considering awarding a contract to GCI Construction and Insituform
Technologies for said services. Robin B. Hamers & Associates (RBH) submitted a
proposal to provide contract administration and inspection services for all three projects.
Industry standard is that the cost for contract administration and inspection services is ten
percent of the construction cost. RBH proposals for all three projects are well below ten
percent as shown below.
1. Project No. 200-B, Harbor Force Main Rehabilitation – RBH Proposal $18,550 = 7.49%
2. Project No. 202, Elden PS Valve and Pipe Replacement – RBH Proposal $17,360 =
6.69%
3. Project No. 310, Indus and Manhole Relining – RBH Proposal $16,730 = 7.65%
Because RBH proposals are well below industry standard and due to the firm’s knowledge
and expertise on the projects, I believe it will be in the District’s and the public’s best
interest if RBH performs contract administration and inspection services. Therefore, I am
approving the contract administration and inspection services proposal from Robin B.
Hamers & Associates (RBH) for all three projects totaling $52,640. RBH can perform
contract administration and inspection services for the projects under his existing contract
with the District.
Strategic Plan Element & Goal
This item supports achieving Strategic Element No. 1.0, Sewer Infrastructure and Strategic
Goal No 1.4, System wide sewer replacement and repair program.
Legal Review
Not applicable.
Environmental Review
Contract administration and inspection services are an administrative matter and are not a
disturbance of the environment similar to grading or construction and is not a project under
CEQA or the District’s CEQA Guidelines.
Financial Review
There is sufficient funds available in each of the project budgets for the above contract
administration and inspection services awards. The total design, administration and
inspection services are under the standard 20% for each project.
Board of Directors
June 27, 2013
Page 3 of 4
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
March 24, 2016 Board of Directors regular meeting at District headquarters and on
District’s website.
Alternative Actions
1. Do not approve RBH proposal and direct staff to solicit bids for contract
administration services.
2. Refer the matter back to staff for more information.
Attachments A: Robin B. Hamers & Associates, Inc. Scope of Work & Fee Table for
Project No. 200, Harbor Force Main Rehabilitation.
B: Robin B. Hamers & Associates, Inc. Scope of Work & Fee Table for
Project No. 202, Elden Pump Station Valve and Pipe Replacement.
C: Robin B. Hamers & Associates, Inc. Scope of Work & Fee Table for
Project No. 310, Indus and Manhole Relining.
Reviewed by:
Wendy Davis
Finance Manager
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C
245 -
Costa Mesa Sanitary District
... an Independent Special District
290 Paularino Avenue – Building Upgrade Budget
Item Number:14.
Recommendation/Notes:
Recommendation: That the Board of Directors receive and file this report.
ATTACHMENTS:
Description Type
a. 290 Paularino Avenue – Building Upgrade Budget Cover Memo
b. TI Plans Backup Material
Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 24, 2016
Subject: 290 Paularino Avenue – Building Upgrade Budget
Summary
The District is currently in escrow to acquire the building at 290 Paularino Avenue. The
Board of Directors gave staff direction to prepare a budget to perform certain building
upgrades. This report is a brief update on the budget
Staff Recommendation
That the Board of Directors receive and file this report.
Analysis
On February 22, 2016, staff presented to the Board of Directors proposed tenant
improvements to the building at 290 Paularino Avenue; however, in order to obtain
accurate costs to prepare a budget, staff had to develop several plans such as a site plan,
floor plan, power plan for audio visual equipment, ceiling plan for lighting and cabling, and
a demolition plan. Attachment A is a set of those plans that includes a layout of the
furniture. The plans were prepared by Robert Thornton Architects (RTA), Inc. Please note
the site plan indicates the removal of trees as part of the drought tolerant landscaping, but
the site plan was recently revised that will not require the removal of trees. The proposed
drought tolerant landscaping will be removing the grass turf and replacing it with drought
tolerant plants and mulch.
Board of Directors
March 24, 2016
Page 2 of 2
The revised set of plans have been presented to several contractors and they recently did
a site walk of the building. Within the next few day’s staff is anticipating receiving the
proposed costs from contractors and then staff will schedule a special Board meeting for
your review. Staff expects the special meeting will occur in the first week of April.
Strategic Plan Element & Goal
This item supports achieving Strategic Element No. 4.0, Community Outreach &
Communications and Strategic Goal No 4.2, Community open house.
Legal Review
Not applicable.
Environmental Review
The Board has previously determined that the purchase and use of the building as District
headquarters will be similar to its existing use as professional office use and is therefore
exempt from CEQA as a minor alteration of an existing structure or facility (15 Cal Code
Regs Sec 1530), as a conversion of an existing structure from one use to another with
only minor exterior modifications (15 Cal Code Regs 15303) and as an infill development
project (15 Cal Code Regs 153040).
Financial Review
The cost to prepare the set plans and coordinate obtaining costs from contractors is
$10,495. The cost of this contract will be added into the cost of the building and financed.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
March 24, 2016 Board of Directors regular meeting at District headquarters and on
District’s website.
Alternative Actions
1. Refer the matter back to staff for more information.
Attachment A: Tenant Improvement Plans
Reviewed by:
Wendy Hooper Davis
Finance Manager
SI
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GENERAL NOTES
-SEE DETAIL 14/D-1 FOR TRENCH PATCH DETAIL.-PROVIDE UNDER GROUND SODA CHASE, SEE KITCHEN DWGS.-VERIFY WITH OWNER FOR RELOCATION OF ITEMS/ EQUIPMENTSHOWN TO BE REMOVED.
THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.
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NEW ACCESS AND STALL FOR ACCESSIBLE PARKING STALL
PROVIDE 3'X4' TRUNCATED DOMES
EXISTING VAN ACCESSIBLE PARKING STALL
PROVIDE POLE MOUNTED ACCESSIBLE PARKING STALL SIGNAGE
PROVIDE BUILDING ENTRANCE ACCESSIBLE SIGNAGE
EXISTING STRIPPING TO BE REMOVED
PROVIDE INTERNATIONAL SIGNAGE OF ACCESSIBLE
ALL EXISTING TREES TO BE REMOVED. (TYP)
EXISTING GRASS TO BE REMOVED. PROVIDE DROUGHTTOLERANT LANDSCAPE AND DRIP IRRIGATION SYSTEMTHROUGH-OUT SITE
PROVIDE 8' TALL WROUGHT IRON ROLLING GATE ANDPERIMETER SECURITY WROUGHT IRON FENCE, PROVIDEALTERNATE PRICE FOR POWERED ACCESS GATE. WROUGHTIRON FENCE AND GATE TO BE DECORATIVE.
PROVIDE CHARGING STATION FOR CHEVY VOLT AUTOMOBILE
PROVIDE BUILDING MOINTED WALL PACK LIGHT FIXTURES FORPARKING LOT LIGHTING
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DEMOLITION FLOOR PLAN1
KEYED NOTES
Scale: 1/8"=1'-0"
PROPOSED FLOOR PLAN2
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PLANDESK STAFF TABLE
PUBLIC SEATING
BOARDDIAS
REMODELEDPLANTER
54X6054X6048X4848X48
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THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.
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OWNER APPROVED OWNER APPROVED OWNER APPROVED OWNER APPROVED
XXXX
DATEDATEDATEDATE
EXISTING WALL TO REMAIN.EXISTING WALL TO REMAIN.EXISTING WALL TO REMAIN.EXISTING WALL TO REMAIN.
NEW FULL HEIGHT WALL W/ R-13 INSULATIONNEW FULL HEIGHT WALL W/ R-13 INSULATIONNEW FULL HEIGHT WALL W/ R-13 INSULATIONNEW FULL HEIGHT WALL W/ R-13 INSULATION
EXISTING WALL TO BE REMOVED.EXISTING WALL TO BE REMOVED.EXISTING WALL TO BE REMOVED.EXISTING WALL TO BE REMOVED.
KEYNOTE INDICATORKEYNOTE INDICATORKEYNOTE INDICATORKEYNOTE INDICATOR
DETAIL INDICATORDETAIL INDICATORDETAIL INDICATORDETAIL INDICATOR
EXISTING MENS AND WOMENS RESTROOM FIXTURES ANDPARTITIONS TO BE REMOVED.EXISTING MENS AND WOMENS RESTROOM FIXTURES ANDPARTITIONS TO BE REMOVED.EXISTING MENS AND WOMENS RESTROOM FIXTURES ANDPARTITIONS TO BE REMOVED.EXISTING MENS AND WOMENS RESTROOM FIXTURES ANDPARTITIONS TO BE REMOVED.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
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EXISTING KITCHEN SINK TO BE RELOCATED.EXISTING KITCHEN SINK TO BE RELOCATED.EXISTING KITCHEN SINK TO BE RELOCATED.EXISTING KITCHEN SINK TO BE RELOCATED.
PORTION OF EXISTING LOW CONCRETE PLANTER WALL TO BEREMOVED.PORTION OF EXISTING LOW CONCRETE PLANTER WALL TO BEREMOVED.PORTION OF EXISTING LOW CONCRETE PLANTER WALL TO BEREMOVED.PORTION OF EXISTING LOW CONCRETE PLANTER WALL TO BEREMOVED.
PORTION OF EXISTING STOREFRONT TO BE REMOVED.PORTION OF EXISTING STOREFRONT TO BE REMOVED.PORTION OF EXISTING STOREFRONT TO BE REMOVED.PORTION OF EXISTING STOREFRONT TO BE REMOVED.
EXISTING UTILITY ROOM TO BE REMOVED.EXISTING UTILITY ROOM TO BE REMOVED.EXISTING UTILITY ROOM TO BE REMOVED.EXISTING UTILITY ROOM TO BE REMOVED.
NEW 4 BURNER GAS RESIDENTIAL COOKTOP WITH EXHAUSTHOOD THRU ROOF.NEW 4 BURNER GAS RESIDENTIAL COOKTOP WITH EXHAUSTHOOD THRU ROOF.NEW 4 BURNER GAS RESIDENTIAL COOKTOP WITH EXHAUSTHOOD THRU ROOF.NEW 4 BURNER GAS RESIDENTIAL COOKTOP WITH EXHAUSTHOOD THRU ROOF.
NEW SINK & ACCESSIBLE ASCO ADA DISHWASHERNEW SINK & ACCESSIBLE ASCO ADA DISHWASHERNEW SINK & ACCESSIBLE ASCO ADA DISHWASHERNEW SINK & ACCESSIBLE ASCO ADA DISHWASHER
NEW MEN AND WOMEN RESTROOMS WITH PORCELAIN TILEFLOORS, AND TILE WAINSCOT TO 4'-0" A.F.F. PROVIDE NEWFIXTURES ADN H/C HARDWARE AND SIGNAGE.
NEW MEN AND WOMEN RESTROOMS WITH PORCELAIN TILEFLOORS, AND TILE WAINSCOT TO 4'-0" A.F.F. PROVIDE NEWFIXTURES ADN H/C HARDWARE AND SIGNAGE.
NEW MEN AND WOMEN RESTROOMS WITH PORCELAIN TILEFLOORS, AND TILE WAINSCOT TO 4'-0" A.F.F. PROVIDE NEWFIXTURES ADN H/C HARDWARE AND SIGNAGE.
NEW MEN AND WOMEN RESTROOMS WITH PORCELAIN TILEFLOORS, AND TILE WAINSCOT TO 4'-0" A.F.F. PROVIDE NEWFIXTURES ADN H/C HARDWARE AND SIGNAGE.
NEW CONCRETE LOW WALL TO MATCH EXISTINGNEW CONCRETE LOW WALL TO MATCH EXISTINGNEW CONCRETE LOW WALL TO MATCH EXISTINGNEW CONCRETE LOW WALL TO MATCH EXISTING
NEW CONCRETE LANDING AT NEW DOORNEW CONCRETE LANDING AT NEW DOORNEW CONCRETE LANDING AT NEW DOORNEW CONCRETE LANDING AT NEW DOOR
NEW PLANS DESKNEW PLANS DESKNEW PLANS DESKNEW PLANS DESK
GENERAL NOTES:-ALL WALLS NEW AND EXISTING TO RECEIVE NEW PAINT-ALL NEW DOORS TO BE PAIN GRADE DOORS WITH TIMELYFRAMES AND LEVER HARDWARE TO MATCH EXISTING.-ALL DOORS TO BE RE-KEYED.-PROVIDE EXIT SIGNAGE AND ACCESSIBLE SIGNAGE FORBUILDING INTERIOR.-ALL NEW RESTROOM FIXTURES TO BE WATER EFFICIENTFIXTURES AND WATERLESS URINALS-ENTIRE BUILDING TO BE ADA ACCESSIBLE
FINISHES:
-OFFICES TO RECEIVE COMMERCIAL GRADE ROLL CARPET-CONFERENCE ROOMS TO RECEIVE CARPET TILES-COMPUTER AND AV ROOMS TO RECEIVE VINYL TILES
GENERAL NOTES:-ALL WALLS NEW AND EXISTING TO RECEIVE NEW PAINT-ALL NEW DOORS TO BE PAIN GRADE DOORS WITH TIMELYFRAMES AND LEVER HARDWARE TO MATCH EXISTING.-ALL DOORS TO BE RE-KEYED.-PROVIDE EXIT SIGNAGE AND ACCESSIBLE SIGNAGE FORBUILDING INTERIOR.-ALL NEW RESTROOM FIXTURES TO BE WATER EFFICIENTFIXTURES AND WATERLESS URINALS-ENTIRE BUILDING TO BE ADA ACCESSIBLE
FINISHES:
-OFFICES TO RECEIVE COMMERCIAL GRADE ROLL CARPET-CONFERENCE ROOMS TO RECEIVE CARPET TILES-COMPUTER AND AV ROOMS TO RECEIVE VINYL TILES
GENERAL NOTES:-ALL WALLS NEW AND EXISTING TO RECEIVE NEW PAINT-ALL NEW DOORS TO BE PAIN GRADE DOORS WITH TIMELYFRAMES AND LEVER HARDWARE TO MATCH EXISTING.-ALL DOORS TO BE RE-KEYED.-PROVIDE EXIT SIGNAGE AND ACCESSIBLE SIGNAGE FORBUILDING INTERIOR.-ALL NEW RESTROOM FIXTURES TO BE WATER EFFICIENTFIXTURES AND WATERLESS URINALS-ENTIRE BUILDING TO BE ADA ACCESSIBLE
FINISHES:
-OFFICES TO RECEIVE COMMERCIAL GRADE ROLL CARPET-CONFERENCE ROOMS TO RECEIVE CARPET TILES-COMPUTER AND AV ROOMS TO RECEIVE VINYL TILES
GENERAL NOTES:-ALL WALLS NEW AND EXISTING TO RECEIVE NEW PAINT-ALL NEW DOORS TO BE PAIN GRADE DOORS WITH TIMELYFRAMES AND LEVER HARDWARE TO MATCH EXISTING.-ALL DOORS TO BE RE-KEYED.-PROVIDE EXIT SIGNAGE AND ACCESSIBLE SIGNAGE FORBUILDING INTERIOR.-ALL NEW RESTROOM FIXTURES TO BE WATER EFFICIENTFIXTURES AND WATERLESS URINALS-ENTIRE BUILDING TO BE ADA ACCESSIBLE
FINISHES:
-OFFICES TO RECEIVE COMMERCIAL GRADE ROLL CARPET-CONFERENCE ROOMS TO RECEIVE CARPET TILES-COMPUTER AND AV ROOMS TO RECEIVE VINYL TILES
NEW STOREFRONT DOORNEW STOREFRONT DOORNEW STOREFRONT DOORNEW STOREFRONT DOOR
NEW DOORNEW DOORNEW DOORNEW DOOR
PROVIDE AUTOMATIC ENTRY DOOR OPENERPROVIDE AUTOMATIC ENTRY DOOR OPENERPROVIDE AUTOMATIC ENTRY DOOR OPENERPROVIDE AUTOMATIC ENTRY DOOR OPENER
PROVIDE UTILITY ROOM MOP SINK.PROVIDE UTILITY ROOM MOP SINK.PROVIDE UTILITY ROOM MOP SINK.PROVIDE UTILITY ROOM MOP SINK.
NEW 2X6 PLUMBING WALL.NEW 2X6 PLUMBING WALL.NEW 2X6 PLUMBING WALL.NEW 2X6 PLUMBING WALL.
EXISTING PRIVATE BATHROOM TO REMAIN.EXISTING PRIVATE BATHROOM TO REMAIN.EXISTING PRIVATE BATHROOM TO REMAIN.EXISTING PRIVATE BATHROOM TO REMAIN.
PROVIDE VINYL FLOORING IN SERVER AND AV RACK ROOMSPROVIDE VINYL FLOORING IN SERVER AND AV RACK ROOMSPROVIDE VINYL FLOORING IN SERVER AND AV RACK ROOMSPROVIDE VINYL FLOORING IN SERVER AND AV RACK ROOMS
PROVIDE SOUND BOARD AND WALL INSULATION AT RESTROOMWALLS THAT BORDER CONFERENCE ROOM.PROVIDE SOUND BOARD AND WALL INSULATION AT RESTROOMWALLS THAT BORDER CONFERENCE ROOM.PROVIDE SOUND BOARD AND WALL INSULATION AT RESTROOMWALLS THAT BORDER CONFERENCE ROOM.PROVIDE SOUND BOARD AND WALL INSULATION AT RESTROOMWALLS THAT BORDER CONFERENCE ROOM.
NEW 1-1/2 PLEXI GLASS RECEPTION WINDOW, BANK TELLERSTYLENEW 1-1/2 PLEXI GLASS RECEPTION WINDOW, BANK TELLERSTYLENEW 1-1/2 PLEXI GLASS RECEPTION WINDOW, BANK TELLERSTYLENEW 1-1/2 PLEXI GLASS RECEPTION WINDOW, BANK TELLERSTYLE
NEW 1-1/2 PLEXI GLASS SLIDER PASS THRU WINDOWNEW 1-1/2 PLEXI GLASS SLIDER PASS THRU WINDOWNEW 1-1/2 PLEXI GLASS SLIDER PASS THRU WINDOWNEW 1-1/2 PLEXI GLASS SLIDER PASS THRU WINDOW
Roof
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DEMOLITION POWER PLAN1
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POWER LEGEND
CR
DORAELIZABETH
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WENDY
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PLANDESK STAFF TABLE
PUBLIC SEATING
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THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.
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NEW FULL HEIGHT WALL W/ R-13 INSULATIONNEW FULL HEIGHT WALL W/ R-13 INSULATION
EXISTING WALL TO BE REMOVED.EXISTING WALL TO BE REMOVED.
KEYNOTE INDICATORKEYNOTE INDICATOR
DETAIL INDICATORDETAIL INDICATOR
EXISTING MENS AND WOMENS RESTROOM FIXTURES ANDPARTITIONS TO BE REMOVED.EXISTING MENS AND WOMENS RESTROOM FIXTURES ANDPARTITIONS TO BE REMOVED.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
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SEE DETAIL 4/D-2SEE DETAIL 4/D-2
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EXISTING KITCHEN SINK TO BE RELOCATED.EXISTING KITCHEN SINK TO BE RELOCATED.
PORTION OF EXISTING LOW CONCRETE PLANTER WALL TO BEREMOVED.PORTION OF EXISTING LOW CONCRETE PLANTER WALL TO BEREMOVED.
PORTION OF EXISTING STOREFRONT TO BE REMOVED.PORTION OF EXISTING STOREFRONT TO BE REMOVED.
EXISTING UTILITY ROOM TO BE REMOVED.EXISTING UTILITY ROOM TO BE REMOVED.
NEW 4 BURNER GAS RESIDENTIAL COOKTOP WITH EXHAUSTHOOD THRU ROOF.NEW 4 BURNER GAS RESIDENTIAL COOKTOP WITH EXHAUSTHOOD THRU ROOF.
NEW SINK.NEW SINK.
NEW MEN AND WOMEN RESTROOMS WITH PORCELAIN TILEFLOORS, AND TILE WAINSCOT TO 4'-0" A.F.F. PROVIDE NEWFIXTURES ADN H/C HARDWARE AND SIGNAGE.
NEW MEN AND WOMEN RESTROOMS WITH PORCELAIN TILEFLOORS, AND TILE WAINSCOT TO 4'-0" A.F.F. PROVIDE NEWFIXTURES ADN H/C HARDWARE AND SIGNAGE.
NEW CONCRETE LOW WALL TO MATCH EXISTINGNEW CONCRETE LOW WALL TO MATCH EXISTING
NEW CONCRETE LANDING AT NEW DOORNEW CONCRETE LANDING AT NEW DOOR
NEW PLANS DESKNEW PLANS DESK
GENERAL NOTES:-ALL WALLS NEW AND EXISTING TO RECEIVE NEW PAINT-ALL NEW DOORS TO BE PAIN GRADE DOORS WITH TIMELYFRAMES AND LEVER HARDWARE TO MATCH EXISTING.-ALL DOORS TO BE RE-KEYED.-PROVIDE EXIT SIGNAGE AND ACCESSIBLE SIGNAGE FORBUILDING INTERIOR.-PROVIDE NEW CARPET FOR NEWLY CREATEDSPACES/OFFICES/ROOMS-ALL NEW RESTROOM FIXTURES TO BE WATER EFFICIENTFIXTURES AND WATERLESS URINALS
GENERAL NOTES:-ALL WALLS NEW AND EXISTING TO RECEIVE NEW PAINT-ALL NEW DOORS TO BE PAIN GRADE DOORS WITH TIMELYFRAMES AND LEVER HARDWARE TO MATCH EXISTING.-ALL DOORS TO BE RE-KEYED.-PROVIDE EXIT SIGNAGE AND ACCESSIBLE SIGNAGE FORBUILDING INTERIOR.-PROVIDE NEW CARPET FOR NEWLY CREATEDSPACES/OFFICES/ROOMS-ALL NEW RESTROOM FIXTURES TO BE WATER EFFICIENTFIXTURES AND WATERLESS URINALS
NEW STOREFRONT DOORNEW STOREFRONT DOOR
NEW DOORNEW DOOR
PROVIDE AUTOMATIC ENTRY DOOR OPENERPROVIDE AUTOMATIC ENTRY DOOR OPENER
PROVIDE UTILITY ROOM MOP SINK.PROVIDE UTILITY ROOM MOP SINK.
NEW 2X6 PLUMBING WALL.NEW 2X6 PLUMBING WALL.
EXISTING PRIVATE BATHROOM TO REMAIN.EXISTING PRIVATE BATHROOM TO REMAIN.
4-PLEX POWER OUTLET4-PLEX POWER OUTLET
DUPLEX POWER OUTLETDUPLEX POWER OUTLET
DATA OUTLETDATA OUTLET
PROPOSED 4-PLEX POWER OUTLETPROPOSED 4-PLEX POWER OUTLET
PROPOSED DUPLEX POWER OUTLETPROPOSED DUPLEX POWER OUTLET
PROPOSED DATA OUTLETPROPOSED DATA OUTLET
(N)(N)
(N)(N)
(N)(N)
PROPOSED CARD READER, PROVIDEPROPOSED CARD READER, PROVIDEPOWER TO DOOR LOCKSPOWER TO DOOR LOCKS
PROPOSED TV CABLE OUTLETPROPOSED TV CABLE OUTLET(TV)(TV)
SAWCUT FLOOR TO ROUTE IN GROUND ELECTRICAL/DATACONDUIT/OUTLET.SAWCUT FLOOR TO ROUTE IN GROUND ELECTRICAL/DATACONDUIT/OUTLET.
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EXISTING T-BAR CEILING, LIGHTS AND MECHANICAL REGISTERSTO BE REMOVED
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NEW STAIR WALL
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PROVIDE 5/8" TYPE 'X' GYP BRDON TENANT SIDE
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RE-WORK CEILING AT REMOVED WALL CONDITIONS
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NEW 2X2 T-BAR CEILING WITH DROP HARD LID SOFFIT WITHRECESSED CAN LIGHTS AT PERIMITER
NEW 2X2 T-BAR CEILING WITH RECESSED CAN LIGHTS, MATCHEXISTING.
NEW 2X4 T-BAR CEILING WITH EX4 LIGHTS TO MATCHEXISTING.
NEW EXHAUST HOOD OVER COOK TOP. EXHAUST THRU ROOF.
EXISTING CEILING TO REMAIN.
NEW ILLUMINATED EXIT SIGNS.
AUTOMATIC DROP DOWN PROJECTION SCREEN
PROVIDE DEDICATED AIR IN AV AND SERVER ROOMS
GENERAL NOTES:
-ALL EXISTING CEILING LIGHT FIXTURES TO BE REPLACED WITHLED ENERGY EFFICIENT LIGHT FIXTURES
PROVIDE NEW CASED OPENING DROPPED HEADER TO MATCHEXISTING
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THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.
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XXXX
DATEDATEDATEDATE
EXISTING 1-HR. DEMISING WALL TO REMAIN.EXISTING 1-HR. DEMISING WALL TO REMAIN.EXISTING 1-HR. DEMISING WALL TO REMAIN.EXISTING 1-HR. DEMISING WALL TO REMAIN.
NEW WALL W/ R-13 INSULATIONNEW WALL W/ R-13 INSULATIONNEW WALL W/ R-13 INSULATIONNEW WALL W/ R-13 INSULATION
EXISTING WALL TO BE REMOVED.EXISTING WALL TO BE REMOVED.EXISTING WALL TO BE REMOVED.EXISTING WALL TO BE REMOVED.
KEYNOTE INDICATORKEYNOTE INDICATORKEYNOTE INDICATORKEYNOTE INDICATOR
DETAIL INDICATORDETAIL INDICATORDETAIL INDICATORDETAIL INDICATOR
EXISTING ROOF SCREENEXISTING ROOF SCREENEXISTING ROOF SCREENEXISTING ROOF SCREEN
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NOTE:
-ALL FINISHED TO BE VERIFIED WITH OWNER.-COORDINATE ALL KITCHEN EQUIPMENT WITH OWNER.-VERIFY AL KITCHEN EQUIPMENT WITH OWNER PRIOR TO BIDSUBMITTAL-CONTRACTOR SHALL BE RESPONSIBLE FOR BRACING TOCABINETS AND SUPPORT OF LOW WALL.
NEW STAIR WALL NEW STAIR WALL NEW STAIR WALL NEW STAIR WALL
SEE DETAIL 4/D-2SEE DETAIL 4/D-2SEE DETAIL 4/D-2SEE DETAIL 4/D-2
PROVIDE 5/8" TYPE 'X' GYP BRDPROVIDE 5/8" TYPE 'X' GYP BRDPROVIDE 5/8" TYPE 'X' GYP BRDPROVIDE 5/8" TYPE 'X' GYP BRDON TENANT SIDEON TENANT SIDEON TENANT SIDEON TENANT SIDE
N
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GENERAL NOTES:
-CONTRACTOR TO REVIEW ROOF TOP MECHANICAL UNITS.-LIST AND PROVIED COST FOR POTENTIAL ISSUES-LIST AND PROVIDE ESTIMATE FOR REQUIRED FUTURE ZONES.
REVIEW REPORTS AND PROVIDE PRICING
GENERAL NOTES:
-CONTRACTOR TO REVIEW ROOF TOP MECHANICAL UNITS.-LIST AND PROVIED COST FOR POTENTIAL ISSUES-LIST AND PROVIDE ESTIMATE FOR REQUIRED FUTURE ZONES.
REVIEW REPORTS AND PROVIDE PRICING
GENERAL NOTES:
-CONTRACTOR TO REVIEW ROOF TOP MECHANICAL UNITS.-LIST AND PROVIED COST FOR POTENTIAL ISSUES-LIST AND PROVIDE ESTIMATE FOR REQUIRED FUTURE ZONES.
REVIEW REPORTS AND PROVIDE PRICING
GENERAL NOTES:
-CONTRACTOR TO REVIEW ROOF TOP MECHANICAL UNITS.-LIST AND PROVIED COST FOR POTENTIAL ISSUES-LIST AND PROVIDE ESTIMATE FOR REQUIRED FUTURE ZONES.
REVIEW REPORTS AND PROVIDE PRICING
N
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PORCELAIN FLOORINGPORCELAIN FLOORINGPORCELAIN FLOORINGPORCELAIN FLOORING
CARPET TILES FLOORINGBY MANNINGTON COMMERCIAL CARPET TILESCARPET TILES FLOORINGBY MANNINGTON COMMERCIAL CARPET TILESCARPET TILES FLOORINGBY MANNINGTON COMMERCIAL CARPET TILESCARPET TILES FLOORINGBY MANNINGTON COMMERCIAL CARPET TILES
FINISH GENERAL NOTES:-PROVIDE 6" RUBBER BASE THROUGH-OUT BUILDINGFINISH GENERAL NOTES:-PROVIDE 6" RUBBER BASE THROUGH-OUT BUILDINGFINISH GENERAL NOTES:-PROVIDE 6" RUBBER BASE THROUGH-OUT BUILDINGFINISH GENERAL NOTES:-PROVIDE 6" RUBBER BASE THROUGH-OUT BUILDING
COMMERCIAL GRADE WALL TO WALL ROLL CARPETCOMMERCIAL GRADE WALL TO WALL ROLL CARPETCOMMERCIAL GRADE WALL TO WALL ROLL CARPETCOMMERCIAL GRADE WALL TO WALL ROLL CARPET
VINYL FLOORINGBY GUARDIAN LUXURY VINYL PLANKVINYL FLOORINGBY GUARDIAN LUXURY VINYL PLANKVINYL FLOORINGBY GUARDIAN LUXURY VINYL PLANKVINYL FLOORINGBY GUARDIAN LUXURY VINYL PLANK
VINYL FLOORINGNON-STATIC COMPUTER FLOORINGVINYL FLOORINGNON-STATIC COMPUTER FLOORINGVINYL FLOORINGNON-STATIC COMPUTER FLOORINGVINYL FLOORINGNON-STATIC COMPUTER FLOORING
EXISTING MECHANICAL UNITEXISTING MECHANICAL UNITEXISTING MECHANICAL UNITEXISTING MECHANICAL UNIT
EXISTING POWER CONDUITEXISTING POWER CONDUITEXISTING POWER CONDUITEXISTING POWER CONDUIT
Costa Mesa Sanitary District
... an Independent Special District
CMSD Contribution Program Application – Costa Mesa Foundation for Concerts in
the Park
Item Number:15.
Recommendation/Notes:
Recommendation: That the Board of Directors accepts the application from the Costa Mesa
Foundation and approve a monetary contribution of $2,500.
ATTACHMENTS:
Description Type
CMSD Contribution Program Application – Costa Mesa Foundation for
Concerts in the Park Cover Memo
Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 24, 2016
Subject: CMSD Contribution Program Application - Costa Mesa Foundation for Concerts in the Park
Summary
On November 14, 2014, the Board of Directors adopted the Contribution Program that
establishes criteria for non-profit organizations seeking monetary contributions to support their special events. Recently, staff received a completed Contribution Program
application (Attachment A) from the Costa Mesa Foundation for this year’s Concerts in the
Park series.
Staff Recommendation
That the Board of Directors accepts the application from the Costa Mesa Foundation and
approve a monetary contribution of $2,500.
Analysis
According to the Costa Mesa Foundation’s website, the typical attendance per concert is
2,000 people or 10,000 people for the five concerts in the month of July. This is a good opportunity to promote the District programs, which is why staff is recommending
contributing $2,500 for the event.
Attachment B is a list of recognitions received based on the contribution levels. $2,500 is
the minimum amount to have a booth at all five concerts. A CMSD booth at Concerts in the Park will give staff an opportunity to answer questions from the public and have on
display many District programs.
Strategic Plan Element & Goal
Board of Directors
March 24, 2016
Page 2 of 2
This item complies with Strategic Element 3.0, Partnerships and Strategic Goal No. 3.5,
Participating in community groups and civic organization activities.
Legal Review
District Counsel has reviewed this report.
Environmental Review
The consideration of a monetary contribution to a non-profit organization to be used as a
vehicle for promoting a District recycling program is an administrative matter and is not a
disturbance of the environment similar to grading or construction and is not a project under
CEQA or the District’s CEQA Guidelines.
Financial Review
There is sufficient funds budgeted in the FY 2015-16 in Public Outreach account for this expense. In addition, staff estimates it will cost the District close to $1,000 in overtime for
staffing a CMSD booth at all five concerts.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 24, 2016 Board of Directors regular meeting at District headquarters and on District’s website.
Alternative Actions
1. Do not approve the $2,500 contribution.
2. Approve a contribution of a lesser amount.
3. Direct staff to report back with more information
Attachments A: Contribution Program Eligibility Application - Costa Mesa Foundation
B: Concerts in the Park Contribution Levels
Reviewed by:
Wendy Hooper Davis Finance Manager
Costa Mesa Sanitary District
... an Independent Special District
Project Status Report
Item Number:16.
Recommendation/Notes:
Recommendation: That the Board of Directors receive and file the report.
ATTACHMENTS:
Description Type
Project Status Report Cover Memo
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Costa Mesa Sanitary District
... an Independent Special District
Project No. 200-B Harbor Force Main Rehabilitation Bid Opening and Award of
Contract
Item Number:18.
Recommendation/Notes:
Recommendation: That the Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder, GCI Construction, in
the amount of $247,720; and
2. A contingency budget of 10% of construction cost in the amount of $24,772.
ATTACHMENTS:
Description Type
Project No. 200-B Harbor Force Main Rehabilitation Bid Opening and
Award of Contract Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
To: Board of Directors
Via: Scott Carroll, General Manager
From: Rob Hamers, District Engineer
Date: March 24, 2016
Subject: Project No. 200-B Harbor Force Main Rehabilitation
Bid Opening and Award of Contract
Summary
The project will install a new sewer force main for the Harbor Pump Station as part of
the District’s force main rehabilitation and replacement program. The existing force main
is 60 years old and cannot be accessed for rehabilitation due the inability to use bypass
pumping, therefore, a new force main will be installed. The new force main will be
installed by directional drilling due to the heavy vehicle and pedestrian traffic in the
intersection of Harbor Blvd and Wilson Street.
Staff Recommendation
The Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder, GCI
Construction, Inc., in the amount of $247,720; and
2. A contingency budgt of 10% of construction in the amount of $24,772.
Analysis
Bids were opened on March 1, 2016 and the results are as follows:
Engineer’s Estimate $400,000
GCI Construction, Inc. $247,720
Mike Prlich & Sons $297,000
Charles King Company $297,950
Staff checked the licensing requirements and references for the low bidder, GCI
Construction and found everything in order, therefore, a recommendation to award the
contract is being made.
Board of Directors
March 24, 2016
Page 2 of 3
Background
The Harbor Pump Station is located on the south side of Wilson Street just west of the
intersection with Harbor Blvd. The force main begins at the pump station and then
crosses the intersection in an easterly direction and discharges into a manhole on the
east side of the intersection. Because a temporary hose cannot be used across the
intersection, bypassing the pump station requires the use of large tanker trucks. The
flow in the station is relatively high so the bypass operation requires three 5,000 gallon
tanker trucks during nighttime hours when the flow is small.
Meetings were held with the City of Costa Mesa and because the pump station is
adjacent to a residential area, a portion of the work will accomplished during day time
hours and a portion will be completed during night time hours. For instance, jack
hammering concrete and asphalt paving during excavation for the drilling pit will be done
during the day while the drilling will be completed at night.
In addition to standard traffic control plans, the contractor will also be preparing major
detour plans in order to reroute City traffic around the construction site. The District will
be working with the City on a comprehensive notification program prior to construction.
The current bidding climate is very competitive and the bids received are very low
compared to the engineer’s estimate. However, the low bidder, GCI Construction, is an
excellent contractor and has successfully bid and completed numerous District projects
as well as responding to emergency situations for the District.
Strategic Plan Element & Goal
This item complies with Strategic Plan Element 1.0, Sewer Infrastructure and Strategic
Goals No. 1.4, System Wide Sewer Replacement and Repair Program and No. 1.6,
Evaluate force Main Conditions on a Regular Basis.
Legal Review
District Counsel prepared and signed the construction contract being considered.
Environmental Review
The replacement of a force main with a new force main of the same size for the same
rate of flow as shown on the plans for Project #200-B is categorically exempt under the
California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et.
seq.) under Section 15302 as a “Class 2” project as stated under 15302(c)
“Replacement or reconstruction of existing utility systems and/or facilities
involving negligible or no expansion of capacity“.
Board of Directors
March 24, 2016
Page 3 of 3
Financial Review
Project #200, Rehabilitation of Four Force Mains, has a total budget of $1,030,868. This
project was broken down into projects A and B. Projects #200-A, Installation of Mendoza
Pump Station Force Main has been completed for a total cost of $209,068. Project #200-
B Harbor Force Main has an available budget of $821,868. The project to date expenses
total approximately $16,000 including encumbrances. The remaining available budget
is $806,054 which is sufficient to cover the proposed contract if awarded by the Board
of Directors.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for
the March 24, 2016 Board of Directors regular meeting at District Headquarters and on
District’s website.
Alternative Actions
1. Do not award the project to GCI Construction.
2. Refer the matter back to staff for additional information.
Attachment: Contract between GCI Construction and CMSD.
Reviewed by:
Wendy Hooper Davis
Finance Manager
CONTRACT
THIS AGREEMENT is made and entered into this day of March, 2016 by and between
the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT" and GCI
CONSTRUCTION, INC, a California corporation, hereinafter referred to as "CONTRACTOR."
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and
exchanged, DISTRICT and CONTRACTOR mutually agree as follows:
1. Scope of the Work. That CONTRACTOR shall perform all the work and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility
and transportation services required to construct: CMSD Project 200-B Harbor Pump Station
Sewer Force Main Replacement at Wilson Street and Harbor Boulevard.
2. Labor and Materials. All of said work to be performed and materials to be furnished
shall be in strict accordance with the plans and specifications entitled CMSD #200-B Harbor Pump
Station Sewer Force Main Replacement at Wilson Street and Harbor Boulevard, and CONTRACTOR
agrees to do everything required by this Contract and the Contract Documents including the plans
and specifications and any general conditions.
All labor, materials, tools, equipment and services shall be furnished on work performed, and
under the direction, administration and subject to the approval of DISTRICT or its authorized
representatives.
CONTRACTOR warrants that it will not purchase mined construction material for this
PROJECT except from a mining operation that is currently identified in the list published pursuant to
subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for
qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list.
3. Time of Completion. CONTRACTOR agrees to commence the work to be performed
under this Contract within five (5) days of receipt of the "Notice to Proceed" and to diligently
prosecute the work to completion before the expiration of 30 working days from the date of
commencement. “Working days” means all calendar days except Saturdays, Sundays, and legal
holidays.
4. Time of the Essence. Time is of the essence of this Contract.
5. Liquidated Damages/Delay Damages. It is agreed by the parties hereto that in case
the total work called for hereunder in all parts and requirements is not finished or completed within
the number of working days as set forth herein, damage will be sustained by the DISTRICT, and that
it is and will be impractical and extremely difficult to ascertain and determine the actual damage
which the DISTRICT will sustain in the event of and by reason of such delay; and it is therefore
agreed the CONTRACTOR will pay to the DISTRICT the sum of TWO HUNDRED FIFTY and
00/100 Dollars ($250.00) per calendar day for each and every day of delay in finishing the work in
excess of the number of days prescribed in paragraph 3 and the CONTRACTOR agrees to pay said
liquidated damages herein provided for, and further agrees that the DISTRICT may deduct the
amount thereof from any monies due or that may become due the CONTRACTOR hereunder.
The CONTRACTOR will be granted an extension of time and will not be assessed with
liquidated damages for any portion of the delay in completion of the work beyond the time named
herein for the completion of the work due to unforeseeable causes beyond the control and without
the fault or negligence of the CONTRACTOR, including but not restricted to acts of God or of the
public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or
delays of subcontractors due to such causes, provided CONTRACTOR submits timely notification
and a written Request for Change Order as required herein.
The CONTRACTOR shall within ten (10) days from the beginning of any such delay (unless
the DISTRICT shall grant a further period of time prior to the date of final settlement of the Contract)
notify the District Engineer in writing of the cause of the delay, and the District Engineer shall extend
the time for completing the work if in the District Engineer’s judgment the cause so merits. The
District Engineer’s determination on this matter shall be final and conclusive on the parties hereto.
CONTRACTOR shall also be required to submit a written Request for Change Order to District
Engineer within fifteen (15) days of the date of such delay. No adjustment shall be allowed for such
delay unless strict compliance with this contractual provision is effected. CONTRACTOR's remedy
shall be limited to the extra days granted and to any damages that he may be entitled to using the
formula agreed to by the parties for all damages as provided in Paragraph 28.
6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept
in full payment for the work above agreed to be done the sum of: Two Hundred Forty-Seven
Thousand Seven hundred twenty and 00/100 Dollars ($247,720.00).
7. Progress Payments. Prior to the fifteenth day of the month next following the
commencement of the work, there shall be paid to CONTRACTOR a sum equal to 90 percent of the
value of the work completed since the commencement of the work as determined by the District
Engineer and thereafter prior to the fifteenth day of each successive month as the work progresses.
CONTRACTOR shall be paid such sum as will bring the payments up each month to 90 percent of
the value of the work completed since the commencement of the work as determined by the District
Engineer, less all previous payments, provided that CONTRACTOR submits his request for payment
prior to the last Wednesday of each preceding month. DISTRICT shall make the final payment, if
unencumbered, or any part thereof unencumbered, 35 days after the acceptance of the work and
the filing of a Notice of Completion. Payments shall be made on demands drawn in the manner
required by law, accompanied by a certificate signed by the District Engineer, stating that the work
for which payment is demanded has been performed in accordance with the terms of the Contract,
and that the amount stated in the certificate is due under the terms of the Contract. Partial
payments on the Contract price shall not be considered as an acceptance of any part of the work.
8. Prompt Payments. DISTRICT agrees to promptly make progress payments on
undisputed and properly submitted payment requests within thirty (30) days and to comply with the
provisions of Public Contract Code Section 20104.50.
9. Retention Securities. Pursuant to California Contract Code Section 22300,
CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved
financial institution in order to have the DISTRICT release funds retained by the DISTRICT to insure
performance of the Contract.
10. Specifications. The Standard Specifications for Public Works Construction, also
known as the Greenbook, latest edition, shall be controlling unless a different specification is
called out in the Contact Documents, including the Costa Mesa Sanitary District’s Standard
Plans and Specifications for the Construction of Sanitary Sewers and the plans and
specifications for CMSD #200-B Harbor Pump Station Sewer Force Main Replacement at
Wilson Street and Harbor Boulevard.
11. Change Orders. Change order requests shall be submitted to the District Engineer in
writing who shall have discretion to determine the merit of the change order request. The District
Engineer may approve or disapprove change orders in his discretion except that any change order
resulting in an increase of the Contract price shall be co-signed by the District Manager and/or
approved by the Board of Directors. No amendments, modifications, or waivers of Contract terms or
the Contract Documents, including additional compensation for extra work, will be allowed absent a
written Change Order signed by both parties.
12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of
per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in
which the work is to be performed for each craft or type of work needed to execute this Contract,
and the same has been placed on file with the District Clerk at the District’s principal office. Said per
diem wages can be obtained on the Internet at http://www. dir.ca.gov/dlsr/DPreWageDetermination
htm. Said per diem wages are deemed to include employer payments for health and welfare,
pension, vacation, and travel time and subsistence pay, all in accordance with sections 1773.1 and
1773.8 of the Labor Code of the State of California. No contractor or subcontractor shall be awarded
a contract for a public work unless registered with the Department of Industrial Relations pursuant to
Labor Code Section 1725.5. Contractor agrees to comply with this requirement and to file his payroll
records electronically.
13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not unlawfully
discriminate nor allow its employees, agents, principals, or subcontractors to unlawfully discriminate
against any employee or applicant for employment on the basis of race, religious creed, national
origin or sex.
14. Compliance with Davis-Bacon Act. This provision does not apply to this Contract.
15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of
California regarding the preparation, maintenance and filing of payroll records are applicable to this
Contract. Specifically, each CONTRACTOR and subcontractor shall keep an accurate electronic
payroll record, showing the name, address, social security number, work classification, straight time
and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice or worker employed by him in connection with the public work. THE
CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO
THE DISTRICT ENGINEER FOR REVIEW ON A WEEKLY BASIS. THE CONTRACTOR SHALL
BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR’S PAYROLL RECORDS.
16. Penalty. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to $50.00 for
each calendar day or portion thereof for each workman paid (either by him or any subcontractor
under him) less than the prevailing rate set forth herein on the work provided for in this Contract, all
in accordance with section 1775 of the Labor Code of the State of California.
17. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring
the use of apprentices in certain ratios to journeymen are hereby imposed upon CONTRACTOR.
18. Legal Day's Work. In the performance of this Contract, not more than eight (8)
hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8)
hours of labor in a day from any person unless the CONTRACTOR complies will all applicable Labor
laws. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (section 1810, et seq.) of the
Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the
DISTRICT as a penalty the sum of $25.00 for each workman employed in the execution of this
Contract by the CONTRACTOR or any subcontractor for each calendar day during which any
workman is required or permitted to labor more than eight (8) hours in any one calendar day and
forty (40) hours in any one week in violation of said article.
19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions
of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100 et
seq.) and that he agrees to comply with all applicable provisions thereof. If any part of the work to
be done under this Contract is subcontracted, the subcontract shall be in writing and shall provide
that all work to be performed thereunder shall be performed in accordance with this Contract. Upon
request, certified copies of any or all subcontracts shall be furnished to the District Engineer or
DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve the
CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above
provisions will be considered a violation of the Contract, and the DISTRICT may: cancel the
Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract
involved, or cancel the Contract and assess the penalty.
All persons engaged in the work, including subcontractors, will be considered employees of
the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with
and make all payments to the CONTRACTOR.
20. Workers’ Compensation. CONTRACTOR shall carry Workers’ Compensation
Insurance and require all subcontractors to carry Workers’ Compensation Insurance as required by
the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby
certifies:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
Workers’ Compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with
such provisions before commencing the performance of the work of
this Contract."
21. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in
accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24 sub-part F., the
CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by:
(a). Publicizing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the action it will take against employees for violation of such prohibition;
(b). Establish an ongoing drug-free awareness program to inform employees about-
1. Degrees of drug abuse in the workplace;
2. The policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
4. The penalties which may be imposed on employees for drug abuse violations
occurring in the workplace.
(c). Making it a requirement that every employee to be engaged in the performance of the
Contract be given a copy of the statement required by paragraph (a);
(d). Notifying employees in the statement required by paragraph (a) that as a condition of
employment under the Contract the employee will -
1. Abide by the term of the statement; and
2. Notify the employer in writing of any conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such
conviction.
(e). Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under
subparagraph (d) (2) from an employee or otherwise receiving actual notice of such
conviction. Employer of said convicted employee must provide notice, including conviction
title, to the DISTRICT;
(f). Taking one of the following actions, within thirty (30) calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted -
1. Taking appropriate action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local
health, law enforcement, or other appropriate agency.
(g). Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
22. Bonds. CONTRACTOR shall, prior to the execution of the Contract, furnish bonds
approved by DISTRICT, one in the amount of one hundred percent (100%) of the Contract price, to
guarantee the faithful performance of the work, and the other in the amount of one hundred percent
(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished.
This Contract shall not become effective until such bonds are supplied to and approved by
DISTRICT. All bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the
right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.
23. CONTRACTOR'S Affidavit. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the District Engineer his affidavit stating that all workmen
and persons employed, all firms supplying materials, and all subcontractors upon the project have
been paid in full, and that there are no claims outstanding against the project for either labor or
material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items
in connection with a Notice to Withhold, which have been filed under the provisions of the statutes of
the State of California.
24. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out
Agreement and Release of All Claims. The execution by CONTRACTOR of the Final Close Out
Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT under
or arising out of this Contract unless otherwise stated in said document.
25. Notice to Proceed. No work, services, material or equipment shall be performed or
furnished under this Contract unless and until a "Notice to Proceed" has been given to the
CONTRACTOR by the District Engineer and all bonds and certificates of insurance required
pursuant hereto have been furnished to and approved by DISTRICT.
26. Termination.
A. If CONTRACTOR should fail to 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 fail to comply with any provision of this Contract,
DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide
such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after
three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with
DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be
deducted by DISTRICT from any money that may be due CONTRACTOR.
C. Without limiting any rights which DISTRICT may have by reason of any default by
CONTRACTOR hereunder, DISTRICT reserves the right to terminate this Contract in whole or in
part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to
deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and
costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all
expenditures made and costs incurred with DISTRICT'S prior written approval in settling or
discharging outstanding commitments entered into by CONTRACTOR in performing under this
Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an
amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by
the percentage of completion of the work. In no event, however, will the compensation to
CONTRACTOR exceed the total Contract price less payments previously made and less the
Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR
shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all
orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders
and subcontracts made hereunder and (iii) immediately transfer to DISTRICT all materials, supplies,
work-in-process, appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR
in connection with the performance of this Contract.
27. CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions
that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared
by District Engineer and/or DISTRICT for purposes of letting this Contract out to bid, will be
accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every
detail all requirements of the Contract Documents. Nor will such reasons be accepted as a basis for
any claims whatsoever for extra compensation or for an extension of time.
28. Damages/Extra Work Compensation. The parties have agreed to modify the
formula for damages set forth in the Standard Specifications for Public Works Construction. The
parties agree that the damage formula shall be used to measure all of CONTRACTOR’s damages
or extra work required by this job. CONTRACTOR shall be limited to the following:
Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5000)
Subcontracted work 5% (work in excess of first $5000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three
competitive bids are obtained
and contractor selected the
lowest bidder)
Excluded from recovery shall be so-called “Eichleay damages” including, but not limited to,
home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost
interest.
CONTRACTOR acknowledges that his recovery for damages or extra work is limited as
provided in this paragraph.
CONTRACTOR’s
Initials________
29. Other Documents Included. It is further agreed by the parties hereto that the
following documents are incorporated into this Contract by reference and are to be read and
construed together as the full, complete and integrated terms of this Contract:
A. Notice Inviting Bids
B. Supplementary Bid Addenda or Bulletins, if applicable
C. Proposal Packet
D. Standard Specifications for Public Works Construction “Greenbook,” latest
edition
E. Costa Mesa Sanitary District Standard Plans and Specifications for the
Construction of Sanitary Sewers
F. Construction Plans and Specifications for CMSD Project #200-B.
G. Standard Drawings (Costa Mesa Sanitary District Drawings
and City of Newport Beach Drawings)
H. Soils Report
I. City of Newport Beach Encroachment Permit
J. Faithful Performance Bond
K. Payment Bond
L. Approved Change Orders, if applicable
M. Contractor’s Affidavit
N. Final Closeout Agreement and Release of All Claims
The documents listed in this Paragraph, including this Contract, shall be known and referred
to collectively as the “Contract Documents.”
30. Interpretation. In the event of any conflict, inconsistency or incongruity between the
provisions of this Contract and the provisions of any of the Contract Document(s) referenced in
Paragraph 29 hereof, or amendments thereto, the provisions of this Contract shall control in all
respects.
31. Attorney's Fees. In any action or proceeding brought by either party against the
other party arising out of or in any way connected to this Contract, or where any provision hereof is
validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses.
Nothing in this provision shall excuse CONTRACTOR’s duty to provide DISTRICT with a defense at
CONTRACTOR’s cost when DISTRICT receives a complaint, petition, or other pleading from the
third party requiring DISTRICT to defend itself. Notwithstanding the foregoing, costs and attorney’s
fees shall be available pursuant to Code of Civil Procedure Section 386.6 in connection with an
interpleader.
32. Additional Costs. CONTRACTOR shall be responsible to reimburse DISTRICT a
sum equal to the expenses of administration and legal services required to be expended by
DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of
a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to
offset any such costs and expenses incurred by DISTRICT against any sums owing to
CONTRACTOR.
33. Insurance. CONTRACTOR agrees to provide insurance in accordance with the
requirements set forth herein. If CONTRACTOR uses existing coverage to comply with these
requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR
agrees to amend, supplement or endorse the existing coverage to do so. The following coverages
will be provided by CONTRACTOR and maintained on behalf of the DISTRICT and in accordance
with the requirements set forth herein.
Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO-
CGL form No. CG 00 01 11 85 or 88 or equivalent, as determined by District Counsel. Total limits
shall be no less than one (1) million dollars per occurrence for all coverages and three (3) million
dollars general aggregate. DISTRICT and its employees and agents shall be added as additional
insured using ISO additional insured endorsement form CG 20 10 with an edition date prior to 1992
or equivalent, as determined by District Counsel. Coverage shall apply on a primary non-contributing
basis in relation to any other insurance or self-insurance, primary or excess, available to DISTRICT
or any employee or agent of DISTRICT. Coverage shall not be limited to the vicarious liability or
supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall 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 on the following form to any underlying coverage. Coverage shall be provided on a “pay on
behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability
exclusion. Policies shall have concurrent starting and ending dates. District Counsel shall have the
authority to make determinations on the acceptability of forms of insurance coverage. A
determination that the form of coverage is not acceptable shall cause the award to go to the next
lowest responsible bidder.
Business 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) or equivalent, as determined by
District Counsel. Limits shall be no less than one (1) million dollars per accident. Starting and
ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto
endorsement to the General Liability policy described above is acceptable.
Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’
compensation statutory benefits as required by law. Employers’ liability limits shall be no less than
one (1) million dollars per accident or disease. Employers’ liability coverage shall be scheduled
under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed
to waive any right of subrogation as respects the DISTRICT, its employees or agents.
CONTRACTOR and DISTRICT further agree as follows:
1. This Section supersedes all other sections and provisions of this Contract to the extent that
any other section or provision conflicts with or impairs the provisions of this Section.
2. Nothing contained in this Section is to be construed as affecting or altering the legal status
of the parties to this Contract. The insurance requirements set forth in this Section are
intended to be separate and distinct from any other provision in this Contract and shall be
interpreted as such.
3. All insurance coverage and limits provided pursuant to this Contract shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in this Contract or
any other agreement relating to the DISTRICT or its operations limits the application of such
insurance coverage.
4. Requirements of specific coverage features or limits contained in this Section are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a given coverage
feature is for purposes of clarification only and is not intended by any party to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
5. For purposes of insurance coverage only, this Contract will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards, performance of this Contract.
6. All general or auto liability insurance coverage provided pursuant to this Contract, or any
other agreements pertaining to the performance of this Contract, shall not prohibit
CONTRACTOR, and CONTRACTOR’S employees, or agents, from waiving the right of
subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against
DISTRICT.
7. Unless otherwise approved by DISTRICT, CONTRACTOR’S insurance shall be written by
insurers authorized to do business in the State of California and with a minimum “Best’s”
Insurance Guide rating of “A:VII”. Self-insurance will not be considered to comply with these
insurance specifications.
8. In the event any policy of insurance required under this Contract does not comply with these
requirements or is canceled and not replaced, DISTRICT has the right but not the duty to
obtain the insurance it deems necessary and CONTRACTOR will promptly reimburse any
premium paid by DISTRICT.
9. CONTRACTOR agrees to provide notarized evidence of the insurance required herein,
satisfactory to DISTRICT, consisting of certificate(s) of insurance evidencing all of the
coverages required and an additional insured endorsement to CONTRACTOR’S general
liability and umbrella liability policies (if any) using ISO form CG 20 10 with an edition prior to
1992 or equivalent, as determined by the District Counsel. Certificate(s) are to reflect that
the insurer will provide 30 days notice of any cancellation of coverage. CONTRACTOR
agrees to require its insurer to modify such certificates of any cancellation of coverage.
CONTRACTOR agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, and to delete the word “endeavor” with regard to any notice
provisions. CONTRACTOR agrees to provide complete copies of policies to DISTRICT
upon request.
10. CONTRACTOR shall provide proof that policies of insurance required herein expiring during
the term of this Contract have been renewed or replaced with other policies providing at
least the same coverage. Such proof will be furnished within 72 hours of the expiration of
the coverages.
11. Any actual or alleged failure on the part of DISTRICT or any other additional insured under
these requirements to obtain proof of insurance required under this Contract in no way
waives any right or remedy of DISTRICT or any additional insured, in this or any other
regard.
12. CONTRACTOR agrees to require all subcontractors or other parties hired for this project to
provide general liability insurance naming as additional insured all parties to this Contract.
CONTRACTOR agrees to obtain certificates evidencing such coverage and make
reasonable efforts to ensure that such coverage is provided as required here.
CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts
CONTRACTOR enters into on behalf of DISTRICT, will reserve the right to charge back to
DISTRICT the cost of insurance required by this Contract. CONTRACTOR agrees that
upon request, all agreements with subcontractors or others with whom CONTRACTOR
contracts with on behalf of DISTRICT, will be submitted to DISTRICT for review. Failure of
DISTRICT to request copies of such agreement will not impose any liability on DISTRICT, or
its employees.
13. If CONTRACTOR is a Limited Liability Company, general liability coverage must be
amended so that the Limited Liability Company and its managers, affiliates, employees,
agents, and other persons necessary or incidental to its operation are insured.
14. CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss
against CONTRACTOR that includes DISTRICT as a defendant. DISTRICT assumes
no obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve DISTRICT.
34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to
the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit,
cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising
out of or in any way related to the performance of this Contract. Accordingly, the provisions of this
indemnity provision are intended by the parties to be interpreted and construed to provide the fullest
protection possible under the law to the DISTRICT, except for liability attributable to the DISTRICT’S
active negligence. CONTRACTOR acknowledges that DISTRICT would not enter into this Contract
in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set
forth here.
To the fullest extent permitted by law and excepting only the active negligence of DISTRICT,
established by a court of competent jurisdiction or written agreement between the parties,
CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its employees, agents and
officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including
expert witness fees and any other costs or expenses of any kind whatsoever without restriction or
limitation incurred in relation to, as a consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part to the performance of this Contract. All obligations
under this provision are to be paid by CONTRACTOR as incurred by DISTRICT.
Without affecting the rights of DISTRICT under any provision of this Contract or this Section,
CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above
for liability attributable to the active negligence of DISTRICT, provided such active negligence is
determined by agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the DISTRICT is shown to have been actively
negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances
where DISTRICT’S active negligence accounts for only a percentage of the liability involved. In
those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not
attributable to the active negligence of DISTRICT as determined by written agreement between the
parties or the findings of a court of competent jurisdiction.
The obligations of CONTRACTOR under this or any other provision of this Contract will not be
limited by the provisions of any workers’ compensation act or similar act. CONTRACTOR expressly
waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and
officials.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those
set forth in this section from each and every subcontractor, sub-tier contractor or any other person or
entity involved by, for, with, or on behalf of CONTRACTOR in the performance of the subject matter
of this Contract. In the event CONTRACTOR fails to obtain such indemnity obligations from others
as required here, CONTRACTOR agrees to be fully responsible according to the terms of this
section.
Failure of DISTRICT to monitor compliance with these requirements imposes no additional
obligations on DISTRICT and will in no way act as a waiver of any rights hereunder. This obligation
to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or
heirs of CONTRACTOR and shall survive the termination of this Contract or this section.
35. Permits. The CONTRACTOR shall obtain from DISTRICT, City, County, State,
Federal or other responsible public agencies all licenses and permits, and pay all fees related
thereto, necessary to complete the job.
36. Assignment. No assignment by the CONTRACTOR of this Contract or any part
hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such
assignment has had prior written approval and consent of the DISTRICT and the Surety.
37. Safety and Site Condition. CONTRACTOR shall perform all operations with due
regard for safety and in strict compliance with all applicable laws relating thereto. It shall be
CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also
be CONTRACTOR'S duty to dust-palliate all working areas and access routes, if applicable. All
operations shall be conducted by CONTRACTOR so that no fire hazards are created.
38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating
facilities pursuant to California Government Code Section 4215.
39. Trenching. If this Contract involves digging trenches or other excavations that
extend deeper than four feet below the surface, CONTRACTOR shall promptly, and before the
following conditions are disturbed, notify the District Engineer in writing, of any:
(a) Material that the CONTRACTOR believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(b) Subsurface or latent physical conditions at the site differing from those indicated.
(c) Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the Contract.
(d) The District Engineer shall promptly investigate the conditions, and if he finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease or
increase in the CONTRACTOR'S cost of, or the time required for, performance of any part of
the work, shall issue a change order in accordance with the procedures described in this
Contract.
(e) In the event that a dispute arises between District Engineer and the CONTRACTOR whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or increase
in the CONTRACTOR's cost of, or time required for, performance of any part of the work, the
CONTRACTOR shall not be excused from any scheduled completion date provided for by
the Contract, but shall proceed with all work to be performed under the Contract. The
CONTRACTOR shall retain any and all rights provided either by contract or by law, which
pertain to the resolution of disputes and protests between the contracting parties.
40. Notices. The parties hereto agree that all formal notices required by this Contract
may be provided to the following persons at the following addresses by sending the same by
certified or registered mail as follows:
DISTRICT: General Manager
Costa Mesa Sanitary District
628 W. 19th Street
Costa Mesa, California 92627-2716
CONTRACTOR: Terry D. Gillespie – President
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
(714) 957-0233
41. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall
not affect the validity of any other provision.
42. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents
or representatives has offered or given any gratuities to DISTRICT'S employees, agents or
representatives with a view toward securing this Contract or securing favorable treatment with
respect thereto.
43. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any architect, engineer or other preparer
of the plans and specifications for this project.
44. Copeland "Anti-Kickback" Act. If applicable to this Contract, CONTRACTOR and
its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act (18 USC
Section 874), as supplemented in Department of Labor regulations, which Act provides that each
Contractor shall be prohibited from requiring, by any means, any person employed in the
construction, completion or repair of any public work, to give up any part of the compensation to
which he is otherwise entitled.
45. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of
Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout
Agreement and Release of All Claims, should the District make this request of CONTRACTOR.
46. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a period
of one (1) year after the date of filing of the Notice of Completion and shall repair and replace any
and all such work, together with any other work which may be displaced in so doing that may prove
defective in workmanship and/or materials within the one (1) year period from date of the filing of the
Notice of Completion, without expense whatsoever to the DISTRICT, ordinary wear and tear and
usual abuse or neglect excepted. In the event of failure to comply with the aforementioned
conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to
proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who
shall pay the cost and charges therefor immediately on demand.
47. Job Progress. CONTRACTOR agrees to maintain a critical path analysis
throughout the project. CONTRACTOR agrees to meet with the District Engineer on a weekly or
other periodic basis, or as requested by the District Engineer to review job progress.
CONTRACTOR agrees to provide District Engineer with critical path analysis documentation
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.
Delay and other claims of damages based on CONTRACTOR’S planned early completion are
prohibited.
48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy
Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et
seq. (Article 1.5 – Resolution of Construction Claims) shall be followed.
49. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR
upon receipt of any third-party claim related to the Contract.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year
first above written.
ATTEST: COSTA MESA SANITARY DISTRICT
Clerk of the District
President of the Board of Directors
APPROVED AS TO FORM: Secretary of the Board of Directors
____________________________________
Contractor
Name: GCI Construction, Inc.
Alan R. Burns
District Counsel Address: 1031 Calle Recodo, Suite D
San Clemente, CA 92673
APPROVED AS TO CONTENT: By:
Terry D. Gillespie, President
_______________________________
Robin B. Hamers
District Engineer
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF
THAT DOCUMENT.
STATE OF CALIFORNIA) (INDIVIDUAL)/(CORPORATION) ss. COUNTY OF )
On , 2016, before me, the undersigned, a Notary Public in and for said
state, personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________
(Notary Public)
PAYMENT BOND
PAGE 1
Bond No.
COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and
sanitary district, by minute order of the Board of Directors, adopted on December 17, 2015, has
awarded to GCI Construction, Inc. hereinafter designated as the "Principal", Contract No. CMSD
PROJECT NO. 200-B for the work described as follows: Harbor Pump Station Sewer Force Main
Replacement at Wilson Street and Harbor Boulevard. Said Contract and all of its obligations,
covenants, terms and conditions are fully incorporated herein by reference.
WHEREAS, said Principal is required by the provisions of said Contract and of the Civil
Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
(Name and Address of Surety)
Duly authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Two Hundred forty-
seven thousand, seven hundred twenty Dollars ($247,720), said sum being not less than one
hundred (100%) percent of the estimated amount payable under the terms of the Contract for which
payment well and truly be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his
subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to
pay any of the persons named in Section 3181 of the Civil Code of the State of California for any
materials, provisions, provender or other supplies used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor performed by any such claimant or any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of
employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue
and Taxation Code, with respect to such work and labor, then said Surety will pay for the same, in
an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought
upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to
the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a
right of action to them or their assigns in any suit brought upon the bond.
PAYMENT BOND
PAGE 2
Bond No.
Further, the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or modification of the Contract Documents or of the work to be
performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice
of any and all such changes, extensions of time, and alterations or modifications of the Contract
Documents and/or of the work to be performed thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of March, 2016.
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
PRINCIPAL
By:
Terry D. Gillespie, President
In accordance with the Contract for CMSD PROJECT #200-B bonds shall be issued by an
admitted surety insurer and the DISTRICT reserves the right to object to any such surety, in
accordance with Code of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
______________________________
Name
______________________________
Street Address
______________________________
City, State, Zip Code
SURETY
By:
Company Representative
APPROVED AS TO FORM:
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No.
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and
sanitary district, by minute order of the Board of Directors, adopted on December 17, 2015, has
awarded to GCI Construction, Inc. hereinafter designated as the "Principal" Contract No. CMSD
Project #200-B for the work described as follows: Harbor Pump Station Sewer Force Main
Replacement at Wilson Street and Harbor Boulevard. Said Contract and all of its obligations,
covenants, terms and conditions are fully incorporated herein by reference.
WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond
for the faithful performance of said Contract, including a one year guarantee of the work performed.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
(NAME AND ADDRESS OF SURETY)
Duly authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Two Hundred forty-
seven thousand, seven hundred twenty Dollars ($247,720), said sum being not less than one
hundred (100%) percent of the Contract price for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and
agreements in the said Contract and any alteration thereof made as therein provided, on his or their
part, to be kept and performed, at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa
Sanitary District, its offices and agents, as therein stipulated, then this obligation shall become null
and void, otherwise it shall be and remain in full force and virtue. This obligation covers a one year
guarantee on work performed after said work has been completed. The one-year period shall
commence on the date the Notice of Completion has been recorded.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and
reasonable attorneys' fees as fixed by the court.
FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the work to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the work.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of March, 2016.
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
PRINCIPAL
By:
Terry D. Gillespie, President
In accordance with the Contract for CMSD Project #200-B all bonds shall be issued by an admitted
surety insurer and the District reserves the right to object to any such surety, in accordance with Code
of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
______________________________
Name
______________________________
Street Address
______________________________
City, State, Zip Code
SURETY
By:
Company Representative
APPROVED AS TO FORM:
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
REQUEST FOR CHANGE ORDER RCO No. _____
(Payment or Time)
NOTICE: Conditions arising that would support a request for payment for additional work or time extension must be
brought to the District’s attention within ten (10) days, and a Request for Change Order for additional work/time
extensions must be filed within fifteen (15) days. THIS FORM MUST BE USED. (See Contract Section 5.)
Circumstances supporting payment for additional work/time:
1. Describe why payment should be granted. Attach any more detailed discussion, with backup documents as an
exhibit. (Remember: damages have been contractually limited on this job. See Section 28 of the Contract.)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Describe the delay and why a time extension is appropriate. Provide any backup documents as may be
necessary to support the request. You must demonstrate how the critical path was impacted.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Submitted by
_________________________________
Construction Manager’s Approval: Engineer’s Approval:
_________________________________ _________________________________
By: By:
NOTE: Approval of this request for change order is only effective upon District approval of the change order.
Change Order approved/denied by: _________________________________
Costa Mesa Sanitary District
... an Independent Special District
Project No. 202 Elden Pump Station Valves & Piping Replacement Bid Opening and
Award of Contract
Item Number:19.
Recommendation/Notes:
Recommendation: That the Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder, GCI Construction, in
the amount of $259,300; and
2. A contingency budget of 10% of construction cost in the amount of $25,930.
ATTACHMENTS:
Description Type
Project No. 202 Elden Pump Station Valves & Piping Replacement
Bid Opening and Award of Contract Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
To: Board of Directors
Via: Scott Carroll, General Manager
From: Rob Hamers, District Engineer
Date: March 24, 2016
Subject: Project No. 202 Elden Pump Station Valves & Piping Replacement
Bid Opening and Award of Contract
Summary
As part of the District’s force main rehabilitation program, older corroded force mains are
either being lined with an advanced structural liner or replaced with new pipe. Project
#202 proposes to replace the remaining 38-year old valves and force main piping at the
Elden pump station.
Staff Recommendation
The Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder, GCI
Construction, Inc., in the amount of $259,300; and
2. A contingency budget of 10% construction cost in the amount of $25,930.
Analysis
Bids were opened on March 1, 2016 and the results are as follows:
Engineer’s Estimate $400,000
GCI Construction $259,300
Paulus Engineering $288,700
Schuler Constructor $337,687
Zusser Company, Inc. $374,150
Tekton Construction $485,975
Staff checked the licensing requirements and references for the low bidder, GCI
Construction and found everything in order, therefore, a recommendation to award the
contract is being made.
Board of Directors
March 24, 2016
Page 2 of 3
Background
The Elden Pump Station is the District’s largest station and pumps flows from a large
portion of the east side of Costa Mesa and portions of Newport Beach. In addition to
gravity flows from the east side of Costa Mesa, the 23rd Pump Station, Santa Ana Pump
Station, and the Irvine Pump Station all pump to the Elden station. The pumping rate of
the Elden station is 3,750 gallons per minute and the 18” force main crosses the 55
Freeway through a cell in the Mesa Drive bridge, then heads all the way to Fair Drive
and discharges into a manhole near the entrance to the Orange County Fairgrounds.
Because of the dynamics of the station, maintenance, repair, and replacements are
critical to keeping the station in proper operating condition. This project will continue
maintaining the station in excellent condition.
Similar to Project 200-B, which is also on the agenda for project award, the current
bidding climate is very competitive and the bids received are very low compared to the
engineer’s estimate. However, the low bidder, GCI Construction, is an excellent
contractor and has successfully bid and completed numerous District projects as well as
responding to emergency situations for the District.
Strategic Plan Element & Goal
This item complies with Strategic Plan Element 1.0, Sewer Infrastructure and Strategic
Goals No. 1.4, System Wide Sewer Replacement and Repair Program and No. 1.6,
Evaluate force Main Conditions on a Regular Basis.
Legal Review
District Counsel prepared and signed the construction contract being considered.
Environmental Review
The replacement of portions of a force main and valves with new force main and valves
of the same size for the same rate of flow as shown on the plans for Project #202 is
categorically exempt under the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as
stated under 15302(c) “Replacement or reconstruction of existing utility systems
and/or facilities involving negligible or no expansion of capacity“.
Financial Review
Project #202, Elden Pump Station Valves and Piping Replacement, has a total budget
of $479,000. The project to date expenses total approximately $18,000 including
encumbrances. The remaining available budget is $461,147 which is sufficient to cover
the proposed contract if awarded by the Board of Directors.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for
the March 24, 2016 Board of Directors regular meeting at District Headquarters and on
District’s website.
Board of Directors
March 24, 2016
Page 3 of 3
Alternative Actions
1. Do not award the project to GCI Construction.
2. Refer the matter back to staff for additional information.
Attachment: Contract between GCI Construction and CMSD.
Reviewed by:
Wendy Hooper Davis
Finance Manager
CONTRACT
THIS AGREEMENT is made and entered into this day of March, 2016 by and between
the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT" and GCI
CONSTRUCTION, INC., a California corporation, hereinafter referred to as "CONTRACTOR."
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and
exchanged, DISTRICT and CONTRACTOR mutually agree as follows:
1. Scope of the Work. That CONTRACTOR shall perform all the work and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility
and transportation services required to construct: CMSD Project 202 – Elden Pump Station
Valves and Piping Replacement.
2. Labor and Materials. All of said work to be performed and materials to be furnished
shall be in strict accordance with the plans and specifications entitled CMSD #202 Elden Pump Station
Valves and Piping Replacement, and CONTRACTOR agrees to do everything required by this Contract
and the Contract Documents including the plans and specifications and any general conditions.
All labor, materials, tools, equipment and services shall be furnished on work performed, and
under the direction, administration and subject to the approval of DISTRICT or its authorized
representatives.
CONTRACTOR warrants that it will not purchase mined construction material for this
PROJECT except from a mining operation that is currently identified in the list published pursuant to
subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for
qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list.
3. Time of Completion. CONTRACTOR agrees to commence the work to be performed
under this Contract within five (5) days of receipt of the "Notice to Proceed" and to diligently
prosecute the work to completion before the expiration of 30 working days from the date of
commencement. “Working days” means all calendar days except Saturdays, Sundays, and legal
holidays.
4. Time of the Essence. Time is of the essence of this Contract.
5. Liquidated Damages/Delay Damages. It is agreed by the parties hereto that in case
the total work called for hereunder in all parts and requirements is not finished or completed within
the number of working days as set forth herein, damage will be sustained by the DISTRICT, and that
it is and will be impractical and extremely difficult to ascertain and determine the actual damage
which the DISTRICT will sustain in the event of and by reason of such delay; and it is therefore
agreed the CONTRACTOR will pay to the DISTRICT the sum of TWO HUNDRED FIFTY and
00/100 Dollars ($250.00) per calendar day for each and every day of delay in finishing the work in
excess of the number of days prescribed in paragraph 3 and the CONTRACTOR agrees to pay said
liquidated damages herein provided for, and further agrees that the DISTRICT may deduct the
amount thereof from any monies due or that may become due the CONTRACTOR hereunder.
The CONTRACTOR will be granted an extension of time and will not be assessed with
liquidated damages for any portion of the delay in completion of the work beyond the time named
herein for the completion of the work due to unforeseeable causes beyond the control and without
the fault or negligence of the CONTRACTOR, including but not restricted to acts of God or of the
public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or
delays of subcontractors due to such causes, provided CONTRACTOR submits timely notification
and a written Request for Change Order as required herein.
The CONTRACTOR shall within ten (10) days from the beginning of any such delay (unless
the DISTRICT shall grant a further period of time prior to the date of final settlement of the Contract)
notify the District Engineer in writing of the cause of the delay, and the District Engineer shall extend
the time for completing the work if in the District Engineer’s judgment the cause so merits. The
District Engineer’s determination on this matter shall be final and conclusive on the parties hereto.
CONTRACTOR shall also be required to submit a written Request for Change Order to District
Engineer within fifteen (15) days of the date of such delay. No adjustment shall be allowed for such
delay unless strict compliance with this contractual provision is effected. CONTRACTOR's remedy
shall be limited to the extra days granted and to any damages that he may be entitled to using the
formula agreed to by the parties for all damages as provided in Paragraph 28.
6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept
in full payment for the work above agreed to be done the sum of: Two Hundred Fifty-Nine
Thousand Three hundred and 00/100 Dollars ($259,300.00).
7. Progress Payments. Prior to the fifteenth day of the month next following the
commencement of the work, there shall be paid to CONTRACTOR a sum equal to 90 percent of the
value of the work completed since the commencement of the work as determined by the District
Engineer and thereafter prior to the fifteenth day of each successive month as the work progresses.
CONTRACTOR shall be paid such sum as will bring the payments up each month to 90 percent of
the value of the work completed since the commencement of the work as determined by the District
Engineer, less all previous payments, provided that CONTRACTOR submits his request for payment
prior to the last Wednesday of each preceding month. DISTRICT shall make the final payment, if
unencumbered, or any part thereof unencumbered, 35 days after the acceptance of the work and
the filing of a Notice of Completion. Payments shall be made on demands drawn in the manner
required by law, accompanied by a certificate signed by the District Engineer, stating that the work
for which payment is demanded has been performed in accordance with the terms of the Contract,
and that the amount stated in the certificate is due under the terms of the Contract. Partial
payments on the Contract price shall not be considered as an acceptance of any part of the work.
8. Prompt Payments. DISTRICT agrees to promptly make progress payments on
undisputed and properly submitted payment requests within thirty (30) days and to comply with the
provisions of Public Contract Code Section 20104.50.
9. Retention Securities. Pursuant to California Contract Code Section 22300,
CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved
financial institution in order to have the DISTRICT release funds retained by the DISTRICT to insure
performance of the Contract.
10. Specifications. The Standard Specifications for Public Works Construction, also
known as the Greenbook, latest edition, shall be controlling unless a different specification is called
out in the Contact Documents, including the Costa Mesa Sanitary District’s Standard Plans and
Specifications for the Construction of Sanitary Sewers and the plans and specifications for CMSD
#202 Elden Pump Station Valves and Piping Replacement.
11. Change Orders. Change order requests shall be submitted to the District Engineer in
writing who shall have discretion to determine the merit of the change order request. The District
Engineer may approve or disapprove change orders in his discretion except that any change order
resulting in an increase of the Contract price shall be co-signed by the District Manager and/or
approved by the Board of Directors. No amendments, modifications, or waivers of Contract terms or
the Contract Documents, including additional compensation for extra work, will be allowed absent a
written Change Order signed by both parties.
12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of
per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in
which the work is to be performed for each craft or type of work needed to execute this Contract,
and the same has been placed on file with the District Clerk at the District’s principal office. Said per
diem wages can be obtained on the Internet at http://www. dir.ca.gov/dlsr/DPreWageDetermination
htm. Said per diem wages are deemed to include employer payments for health and welfare,
pension, vacation, and travel time and subsistence pay, all in accordance with sections 1773.1 and
1773.8 of the Labor Code of the State of California. No contractor or subcontractor shall be awarded
a contract for a public work unless registered with the Department of Industrial Relations pursuant to
Labor Code Section 1725.5. Contractor agrees to comply with this requirement and to file his payroll
records electronically.
13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not unlawfully
discriminate nor allow its employees, agents, principals, or subcontractors to unlawfully discriminate
against any employee or applicant for employment on the basis of race, religious creed, national
origin or sex.
14. Compliance with Davis-Bacon Act. This provision does not apply to this Contract.
15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of
California regarding the preparation, maintenance and filing of payroll records are applicable to this
Contract. Specifically, each CONTRACTOR and subcontractor shall keep an accurate electronic
payroll record, showing the name, address, social security number, work classification, straight time
and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice or worker employed by him in connection with the public work. THE
CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO
THE DISTRICT ENGINEER FOR REVIEW ON A WEEKLY BASIS. THE CONTRACTOR SHALL
BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR’S PAYROLL RECORDS.
16. Penalty. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to $50.00 for
each calendar day or portion thereof for each workman paid (either by him or any subcontractor
under him) less than the prevailing rate set forth herein on the work provided for in this Contract, all
in accordance with section 1775 of the Labor Code of the State of California.
17. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring
the use of apprentices in certain ratios to journeymen are hereby imposed upon CONTRACTOR.
18. Legal Day's Work. In the performance of this Contract, not more than eight (8)
hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8)
hours of labor in a day from any person unless the CONTRACTOR complies will all applicable Labor
laws. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (section 1810, et seq.) of the
Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the
DISTRICT as a penalty the sum of $25.00 for each workman employed in the execution of this
Contract by the CONTRACTOR or any subcontractor for each calendar day during which any
workman is required or permitted to labor more than eight (8) hours in any one calendar day and
forty (40) hours in any one week in violation of said article.
19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions
of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100 et
seq.) and that he agrees to comply with all applicable provisions thereof. If any part of the work to
be done under this Contract is subcontracted, the subcontract shall be in writing and shall provide
that all work to be performed thereunder shall be performed in accordance with this Contract. Upon
request, certified copies of any or all subcontracts shall be furnished to the District Engineer or
DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve the
CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above
provisions will be considered a violation of the Contract, and the DISTRICT may: cancel the
Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract
involved, or cancel the Contract and assess the penalty.
All persons engaged in the work, including subcontractors, will be considered employees of
the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with
and make all payments to the CONTRACTOR.
20. Workers’ Compensation. CONTRACTOR shall carry Workers’ Compensation
Insurance and require all subcontractors to carry Workers’ Compensation Insurance as required by
the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby
certifies:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
Workers’ Compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with
such provisions before commencing the performance of the work of
this Contract."
21. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in
accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24 sub-part F., the
CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by:
(a). Publicizing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the action it will take against employees for violation of such prohibition;
(b). Establish an ongoing drug-free awareness program to inform employees about-
1. Degrees of drug abuse in the workplace;
2. The policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
4. The penalties which may be imposed on employees for drug abuse violations
occurring in the workplace.
(c). Making it a requirement that every employee to be engaged in the performance of the
Contract be given a copy of the statement required by paragraph (a);
(d). Notifying employees in the statement required by paragraph (a) that as a condition of
employment under the Contract the employee will -
1. Abide by the term of the statement; and
2. Notify the employer in writing of any conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such
conviction.
(e). Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under
subparagraph (d) (2) from an employee or otherwise receiving actual notice of such
conviction. Employer of said convicted employee must provide notice, including conviction
title, to the DISTRICT;
(f). Taking one of the following actions, within thirty (30) calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted -
1. Taking appropriate action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local
health, law enforcement, or other appropriate agency.
(g). Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
22. Bonds. CONTRACTOR shall, prior to the execution of the Contract, furnish bonds
approved by DISTRICT, one in the amount of one hundred percent (100%) of the Contract price, to
guarantee the faithful performance of the work, and the other in the amount of one hundred percent
(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished.
This Contract shall not become effective until such bonds are supplied to and approved by
DISTRICT. All bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the
right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.
23. CONTRACTOR'S Affidavit. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the District Engineer his affidavit stating that all workmen
and persons employed, all firms supplying materials, and all subcontractors upon the project have
been paid in full, and that there are no claims outstanding against the project for either labor or
material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items
in connection with a Notice to Withhold, which have been filed under the provisions of the statutes of
the State of California.
24. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out
Agreement and Release of All Claims. The execution by CONTRACTOR of the Final Close Out
Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT under
or arising out of this Contract unless otherwise stated in said document.
25. Notice to Proceed. No work, services, material or equipment shall be performed or
furnished under this Contract unless and until a "Notice to Proceed" has been given to the
CONTRACTOR by the District Engineer and all bonds and certificates of insurance required
pursuant hereto have been furnished to and approved by DISTRICT.
26. Termination.
A. If CONTRACTOR should fail to 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 fail to comply with any provision of this Contract,
DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide
such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after
three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with
DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be
deducted by DISTRICT from any money that may be due CONTRACTOR.
C. Without limiting any rights which DISTRICT may have by reason of any default by
CONTRACTOR hereunder, DISTRICT reserves the right to terminate this Contract in whole or in
part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to
deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and
costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all
expenditures made and costs incurred with DISTRICT'S prior written approval in settling or
discharging outstanding commitments entered into by CONTRACTOR in performing under this
Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an
amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by
the percentage of completion of the work. In no event, however, will the compensation to
CONTRACTOR exceed the total Contract price less payments previously made and less the
Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR
shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all
orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders
and subcontracts made hereunder and (iii) immediately transfer to DISTRICT all materials, supplies,
work-in-process, appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR
in connection with the performance of this Contract.
27. CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions
that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared
by District Engineer and/or DISTRICT for purposes of letting this Contract out to bid, will be
accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every
detail all requirements of the Contract Documents. Nor will such reasons be accepted as a basis for
any claims whatsoever for extra compensation or for an extension of time.
28. Damages/Extra Work Compensation. The parties have agreed to modify the
formula for damages set forth in the Standard Specifications for Public Works Construction. The
parties agree that the damage formula shall be used to measure all of CONTRACTOR’s damages
or extra work required by this job. CONTRACTOR shall be limited to the following:
Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5000)
Subcontracted work 5% (work in excess of first $5000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three
competitive bids are obtained
and contractor selected the
lowest bidder)
Excluded from recovery shall be so-called “Eichleay damages” including, but not limited to,
home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost
interest.
CONTRACTOR acknowledges that his recovery for damages or extra work is limited as
provided in this paragraph.
CONTRACTOR’s
Initials________
29. Other Documents Included. It is further agreed by the parties hereto that the
following documents are incorporated into this Contract by reference and are to be read and
construed together as the full, complete and integrated terms of this Contract:
A. Notice Inviting Bids
B. Supplementary Bid Addenda or Bulletins, if applicable
C. Proposal Packet
D. Standard Specifications for Public Works Construction “Greenbook,” latest
edition
E. Costa Mesa Sanitary District Standard Plans and Specifications for the
Construction of Sanitary Sewers
F. Construction Plans and Specifications for CMSD Project #202
G. Standard Drawings (Costa Mesa Sanitary District Drawings
and City of Newport Beach Drawings)
H. Soils Report
I. City of Newport Beach Encroachment Permit
J. Faithful Performance Bond
K. Payment Bond
L. Approved Change Orders, if applicable
M. Contractor’s Affidavit
N. Final Closeout Agreement and Release of All Claims
The documents listed in this Paragraph, including this Contract, shall be known and referred
to collectively as the “Contract Documents.”
30. Interpretation. In the event of any conflict, inconsistency or incongruity between the
provisions of this Contract and the provisions of any of the Contract Document(s) referenced in
Paragraph 29 hereof, or amendments thereto, the provisions of this Contract shall control in all
respects.
31. Attorney's Fees. In any action or proceeding brought by either party against the
other party arising out of or in any way connected to this Contract, or where any provision hereof is
validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses.
Nothing in this provision shall excuse CONTRACTOR’s duty to provide DISTRICT with a defense at
CONTRACTOR’s cost when DISTRICT receives a complaint, petition, or other pleading from the
third party requiring DISTRICT to defend itself. Notwithstanding the foregoing, costs and attorney’s
fees shall be available pursuant to Code of Civil Procedure Section 386.6 in connection with an
interpleader.
32. Additional Costs. CONTRACTOR shall be responsible to reimburse DISTRICT a
sum equal to the expenses of administration and legal services required to be expended by
DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of
a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to
offset any such costs and expenses incurred by DISTRICT against any sums owing to
CONTRACTOR.
33. Insurance. CONTRACTOR agrees to provide insurance in accordance with the
requirements set forth herein. If CONTRACTOR uses existing coverage to comply with these
requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR
agrees to amend, supplement or endorse the existing coverage to do so. The following coverages
will be provided by CONTRACTOR and maintained on behalf of the DISTRICT and in accordance
with the requirements set forth herein.
Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO-
CGL form No. CG 00 01 11 85 or 88 or equivalent, as determined by District Counsel. Total limits
shall be no less than one (1) million dollars per occurrence for all coverages and three (3) million
dollars general aggregate. DISTRICT and its employees and agents shall be added as additional
insured using ISO additional insured endorsement form CG 20 10 with an edition date prior to 1992
or equivalent, as determined by District Counsel. Coverage shall apply on a primary non-contributing
basis in relation to any other insurance or self-insurance, primary or excess, available to DISTRICT
or any employee or agent of DISTRICT. Coverage shall not be limited to the vicarious liability or
supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall 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 “follow form” to any underlying coverage. Coverage shall be provided on a “pay on behalf”
basis, with defense costs payable in addition to policy limits. There shall be no cross liability
exclusion. Policies shall have concurrent starting and ending dates. District Counsel shall have the
authority to make determinations on the acceptability of forms of insurance coverage. A
determination that the form of coverage is not acceptable shall cause the award to go to the next
lowest responsible bidder.
Business 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) or equivalent, as determined by
District Counsel. Limits shall be no less than one (1) million dollars per accident. Starting and
ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto
endorsement to the General Liability policy described above is acceptable.
Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’
compensation statutory benefits as required by law. Employers’ liability limits shall be no less than
one (1) million dollars per accident or disease. Employers’ liability coverage shall be scheduled
under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed
to waive any right of subrogation as respects the DISTRICT, its employees or agents.
CONTRACTOR and DISTRICT further agree as follows:
1. This Section supersedes all other sections and provisions of this Contract to the extent that
any other section or provision conflicts with or impairs the provisions of this Section.
2. Nothing contained in this Section is to be construed as affecting or altering the legal status
of the parties to this Contract. The insurance requirements set forth in this Section are
intended to be separate and distinct from any other provision in this Contract and shall be
interpreted as such.
3. All insurance coverage and limits provided pursuant to this Contract shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in this Contract or
any other agreement relating to the DISTRICT or its operations limits the application of such
insurance coverage.
4. Requirements of specific coverage features or limits contained in this Section are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a given coverage
feature is for purposes of clarification only and is not intended by any party to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
5. For purposes of insurance coverage only, this Contract will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards, performance of this Contract.
6. All general or auto liability insurance coverage provided pursuant to this Contract, or any
other agreements pertaining to the performance of this Contract, shall not prohibit
CONTRACTOR, and CONTRACTOR’S employees, or agents, from waiving the right of
subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against
DISTRICT.
7. Unless otherwise approved by DISTRICT, CONTRACTOR’S insurance shall be written by
insurers authorized to do business in the State of California and with a minimum “Best’s”
Insurance Guide rating of “A:VII”. Self-insurance will not be considered to comply with these
insurance specifications.
8. In the event any policy of insurance required under this Contract does not comply with these
requirements or is canceled and not replaced, DISTRICT has the right but not the duty to
obtain the insurance it deems necessary and CONTRACTOR will promptly reimburse any
premium paid by DISTRICT.
9. CONTRACTOR agrees to provide notarized evidence of the insurance required herein,
satisfactory to DISTRICT, consisting of certificate(s) of insurance evidencing all of the
coverages required and an additional insured endorsement to CONTRACTOR’S general
liability and umbrella liability policies (if any) using ISO form CG 20 10 with an edition prior to
1992 or equivalent, as determined by the District Counsel. Certificate(s) are to reflect that
the insurer will provide 30 days notice of any cancellation of coverage. CONTRACTOR
agrees to require its insurer to modify such certificates of any cancellation of coverage.
CONTRACTOR agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, and to delete the word “endeavor” with regard to any notice
provisions. CONTRACTOR agrees to provide complete copies of policies to DISTRICT
upon request.
10. CONTRACTOR shall provide proof that policies of insurance required herein expiring during
the term of this Contract have been renewed or replaced with other policies providing at
least the same coverage. Such proof will be furnished within 72 hours of the expiration of
the coverages.
11. Any actual or alleged failure on the part of DISTRICT or any other additional insured under
these requirements to obtain proof of insurance required under this Contract in no way
waives any right or remedy of DISTRICT or any additional insured, in this or any other
regard.
12. CONTRACTOR agrees to require all subcontractors or other parties hired for this project to
provide general liability insurance naming as additional insured all parties to this Contract.
CONTRACTOR agrees to obtain certificates evidencing such coverage and make
reasonable efforts to ensure that such coverage is provided as required here.
CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts
CONTRACTOR enters into on behalf of DISTRICT, will reserve the right to charge back to
DISTRICT the cost of insurance required by this Contract. CONTRACTOR agrees that
upon request, all agreements with subcontractors or others with whom CONTRACTOR
contracts with on behalf of DISTRICT, will be submitted to DISTRICT for review. Failure of
DISTRICT to request copies of such agreement will not impose any liability on DISTRICT, or
its employees.
13. If CONTRACTOR is a Limited Liability Company, general liability coverage must be
amended so that the Limited Liability Company and its managers, affiliates, employees,
agents, and other persons necessary or incidental to its operation are insured.
14. CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss
against CONTRACTOR that includes DISTRICT as a defendant. DISTRICT assumes
no obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve DISTRICT.
34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to
the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit,
cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising
out of or in any way related to the performance of this Contract. Accordingly, the provisions of this
indemnity provision are intended by the parties to be interpreted and construed to provide the fullest
protection possible under the law to the DISTRICT, except for liability attributable to the DISTRICT’S
active negligence. CONTRACTOR acknowledges that DISTRICT would not enter into this Contract
in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set
forth here.
To the fullest extent permitted by law and excepting only the active negligence of DISTRICT,
established by a court of competent jurisdiction or written agreement between the parties,
CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its employees, agents and
officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including
expert witness fees and any other costs or expenses of any kind whatsoever without restriction or
limitation incurred in relation to, as a consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part to the performance of this Contract. All obligations
under this provision are to be paid by CONTRACTOR as incurred by DISTRICT.
Without affecting the rights of DISTRICT under any provision of this Contract or this Section,
CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above
for liability attributable to the active negligence of DISTRICT, provided such active negligence is
determined by agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the DISTRICT is shown to have been actively
negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances
where DISTRICT’S active negligence accounts for only a percentage of the liability involved. In
those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not
attributable to the active negligence of DISTRICT as determined by written agreement between the
parties or the findings of a court of competent jurisdiction.
The obligations of CONTRACTOR under this or any other provision of this Contract will not be
limited by the provisions of any workers’ compensation act or similar act. CONTRACTOR expressly
waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and
officials.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those
set forth in this section from each and every subcontractor, sub-tier contractor or any other person or
entity involved by, for, with, or on behalf of CONTRACTOR in the performance of the subject matter
of this Contract. In the event CONTRACTOR fails to obtain such indemnity obligations from others
as required here, CONTRACTOR agrees to be fully responsible according to the terms of this
section.
Failure of DISTRICT to monitor compliance with these requirements imposes no additional
obligations on DISTRICT and will in no way act as a waiver of any rights hereunder. This obligation
to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or
heirs of CONTRACTOR and shall survive the termination of this Contract or this section.
35. Permits. The CONTRACTOR shall obtain from DISTRICT, City, County, State,
Federal or other responsible public agencies all licenses and permits, and pay all fees related
thereto, necessary to complete the job.
36. Assignment. No assignment by the CONTRACTOR of this Contract or any part
hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such
assignment has had prior written approval and consent of the DISTRICT and the Surety.
37. Safety and Site Condition. CONTRACTOR shall perform all operations with due
regard for safety and in strict compliance with all applicable laws relating thereto. It shall be
CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also
be CONTRACTOR'S duty to dust-palliate all working areas and access routes, if applicable. All
operations shall be conducted by CONTRACTOR so that no fire hazards are created.
38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating
facilities pursuant to California Government Code Section 4215.
39. Trenching. If this Contract involves digging trenches or other excavations that
extend deeper than four feet below the surface, CONTRACTOR shall promptly, and before the
following conditions are disturbed, notify the District Engineer in writing, of any:
(a) Material that the CONTRACTOR believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(b) Subsurface or latent physical conditions at the site differing from those indicated.
(c) Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the Contract.
(d) The District Engineer shall promptly investigate the conditions, and if he finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease or
increase in the CONTRACTOR'S cost of, or the time required for, performance of any part of
the work, shall issue a change order in accordance with the procedures described in this
Contract.
(e) In the event that a dispute arises between District Engineer and the CONTRACTOR whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or increase
in the CONTRACTOR's cost of, or time required for, performance of any part of the work, the
CONTRACTOR shall not be excused from any scheduled completion date provided for by
the Contract, but shall proceed with all work to be performed under the Contract. The
CONTRACTOR shall retain any and all rights provided either by contract or by law, which
pertain to the resolution of disputes and protests between the contracting parties.
40. Notices. The parties hereto agree that all formal notices required by this Contract
may be provided to the following persons at the following addresses by sending the same by
certified or registered mail as follows:
DISTRICT: General Manager
Costa Mesa Sanitary District
628 W. 19th Street
Costa Mesa, California 92627-2716
CONTRACTOR: Terry D. Gillespie – President
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
(714) 957-0233
41. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall
not affect the validity of any other provision.
42. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents
or representatives has offered or given any gratuities to DISTRICT'S employees, agents or
representatives with a view toward securing this Contract or securing favorable treatment with
respect thereto.
43. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any architect, engineer or other preparer
of the plans and specifications for this project.
44. Copeland "Anti-Kickback" Act. If applicable to this Contract, CONTRACTOR and
its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act (18 USC
Section 874), as supplemented in Department of Labor regulations, which Act provides that each
Contractor shall be prohibited from requiring, by any means, any person employed in the
construction, completion or repair of any public work, to give up any part of the compensation to
which he is otherwise entitled.
45. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of
Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout
Agreement and Release of All Claims, should the District make this request of CONTRACTOR.
46. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a period
of one (1) year after the date of filing of the Notice of Completion and shall repair and replace any
and all such work, together with any other work which may be displaced in so doing that may prove
defective in workmanship and/or materials within the one (1) year period from date of the filing of the
Notice of Completion, without expense whatsoever to the DISTRICT, ordinary wear and tear and
usual abuse or neglect excepted. In the event of failure to comply with the aforementioned
conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to
proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who
shall pay the cost and charges therefor immediately on demand.
47. Job Progress. CONTRACTOR agrees to maintain a critical path analysis
throughout the project. CONTRACTOR agrees to meet with the District Engineer on a weekly or
other periodic basis, or as requested by the District Engineer to review job progress.
CONTRACTOR agrees to provide District Engineer with critical path analysis documentation
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.
Delay and other claims of damages based on CONTRACTOR’S planned early completion are
prohibited.
48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy
Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et
seq. (Article 1.5 – Resolution of Construction Claims) shall be followed.
49. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR
upon receipt of any third-party claim related to the Contract.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year
first above written.
ATTEST: COSTA MESA SANITARY DISTRICT
Clerk of the District
President of the Board of Directors
APPROVED AS TO FORM: Secretary of the Board of Directors
____________________________________
Alan R. Burns Contractor:
District Counsel
Name: GCI Construction, Inc.
Address: 1031 Calle Recodo, Suite D
San Clemente, CA 92673
APPROVED AS TO CONTENT: By:
Terry D. Gillespie, President
_______________________________
Robin B. Hamers
District Engineer
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF
THAT DOCUMENT.
STATE OF CALIFORNIA) (INDIVIDUAL)/(CORPORATION) ss. COUNTY OF )
On , 2016, before me, the undersigned, a Notary Public in and for said
state, personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________
(Notary Public)
PAYMENT BOND
PAGE 1
Bond No.
COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a sanitary district, by minute
order of the Board of Directors, adopted on December 17, 2015, has awarded to GCI Construction,
Inc. hereinafter designated as the "Principal", Contract No. CMSD PROJECT NO. 202 for the work
described as follows: Elden Pump Station Valves and Piping Replacement. Said Contract and all of
its obligations, covenants, terms and conditions are fully incorporated herein by reference.
WHEREAS, said Principal is required by the provisions of said Contract and of the Civil
Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
(Name and Address of Surety)
Duly authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Two Hundred fifty-
nine thousand, three hundred Dollars ($259,300), said sum being not less than one hundred (100%)
percent of the estimated amount payable under the terms of the Contract for which payment well
and truly be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his
subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to
pay any of the persons named in Section 3181 of the Civil Code of the State of California for any
materials, provisions, provender or other supplies used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor performed by any such claimant or any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of
employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue
and Taxation Code, with respect to such work and labor, then said Surety will pay for the same, in
an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought
upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to
the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a
right of action to them or their assigns in any suit brought upon the bond.
PAYMENT BOND
PAGE 2
Bond No.
Further, the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or modification of the Contract Documents or of the work to be
performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice
of any and all such changes, extensions of time, and alterations or modifications of the Contract
Documents and/or of the work to be performed thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of March, 2016.
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
PRINCIPAL
By:
Terry D. Gillespie, President
In accordance with the Contract for CMSD PROJECT #202 bonds shall be issued by an admitted
surety insurer and the DISTRICT reserves the right to object to any such surety, in accordance with
Code of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
______________________________
Name
______________________________
Street Address
______________________________
City, State, Zip Code
SURETY
By:
Company Representative
APPROVED AS TO FORM:
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No.
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a sanitary district, by minute
order of the Board of Directors, adopted on December 17, 2015, has awarded to GCI Construction,
Inc. hereinafter designated as the "Principal" Contract No. CMSD Project #202 for the work
described as follows: Elden Pump Station Valves and Piping Replacement. Said Contract and all of
its obligations, covenants, terms and conditions are fully incorporated herein by reference.
WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond
for the faithful performance of said Contract, including a one year guarantee of the work performed.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
(NAME AND ADDRESS OF SURETY)
Duly authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Two Hundred fifty-
nine thousand, three hundred nine Dollars ($259,300), said sum being not less than one hundred
(100%) percent of the Contract price for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and
agreements in the said Contract and any alteration thereof made as therein provided, on his or their
part, to be kept and performed, at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa
Sanitary District, its offices and agents, as therein stipulated, then this obligation shall become null
and void, otherwise it shall be and remain in full force and virtue. This obligation covers a one year
guarantee on work performed after said work has been completed. The one-year period shall
commence on the date the Notice of Completion has been recorded.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and
reasonable attorneys' fees as fixed by the court.
FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the work to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the work.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of March, 2016.
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
PRINCIPAL
By:
Terry D. Gillespie, President
In accordance with the Contract for CMSD Project #202 all bonds shall be issued by an admitted
surety insurer and the District reserves the right to object to any such surety, in accordance with Code
of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
______________________________
Name
______________________________
Street Address
______________________________
City, State, Zip Code
SURETY
By:
Company Representative
APPROVED AS TO FORM:
Alan R. Burns, District Counsel
Costa Mesa Sanitary District
REQUEST FOR CHANGE ORDER RCO No. _____
(Payment or Time)
NOTICE: Conditions arising that would support a request for payment for additional work or time extension must be
brought to the District’s attention within ten (10) days, and a Request for Change Order for additional work/time
extensions must be filed within fifteen (15) days. THIS FORM MUST BE USED. (See Contract Section 5.)
Circumstances supporting payment for additional work/time:
1. Describe why payment should be granted. Attach any more detailed discussion, with backup documents as an
exhibit. (Remember: damages have been contractually limited on this job. See Section 28 of the Contract.)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Describe the delay and why a time extension is appropriate. Provide any backup documents as may be
necessary to support the request. You must demonstrate how the critical path was impacted.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Submitted by
_________________________________
Construction Manager’s Approval: Engineer’s Approval:
_________________________________ _________________________________
By: By:
NOTE: Approval of this request for change order is only effective upon District approval of the change order.
Change Order approved/denied by: _________________________________
Costa Mesa Sanitary District
... an Independent Special District
Project No. 310 Indus Sewer & Manhole Rehabilitation Bid Opening and Award of
Contract
Item Number:20.
Recommendation/Notes:
Recommendation: That the Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder, Insituform
Technologies, LLC, in the amount of $218,458;
2. A contingency budget of 10% of construction cost in the amount of $21,846; and
3. An additional contingency of $12,000 for the installation of a cured-in-place liner in the
existing manhole in the back yard of 2321 Mesa Drive. Increase the General Manager’s
authority for authorization of extra work to include $21,846 + $12,000 for a total of $33,846.
ATTACHMENTS:
Description Type
Project No. 310 Indus Sewer & Manhole Rehabilitation Bid Opening
and Award of Contract Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
To: Board of Directors
Via: Scott Carroll, General Manager
From: Rob Hamers, District Engineer
Date: March 24, 2016
Subject: Project No. 310 Indus Sewer and Manhole Rehabilitation Bid
Opening and Award of Contract
Summary
The purpose of the project is to rehabilitate the Indus sewer main and manholes to
prevent future sanitary sewer overflows (SSOs). A spill from this line occurred on
January 1, 2015 and 8,100 gallons of wastewater flowed into the Santa Ana Delhi
Channel resulting in a fine from the regional water quality control board.
The existing 10” VCP sewer main will be rehabilitated by the installation of a liner and
the manholes will be rehabilitated by removing roots and installing a full depth extra
strong cured-in-place liner.
Because the contractor will be using the flood control channel as an access point,
construction will begin on May 1, 2016 in order to avoid the rainy season.
Staff Recommendation
The Board of Directors approve the following:
1. Award a contract to the lowest responsive and responsible bidder, Insituform
Technologies, LLC, in the amount of $218,458;
2. A contingency budget of 10% of construction cost in the amount of $21,846; and
3. An additional contingency of $12,000 for the installation of a cured-in-place liner
in the existing manhole in the back yard of 2321 Mesa Drive. Increase the
General Manager’s authority for authorization of extra work to include $21,846 +
$12,000 for a total of $33,846.
Board of Directors
March 24, 2016
Page 2 of 3
Analysis
Bids were opened on March 1, 2016 and the results are as follows:
Engineer’s Estimate $350,000.00
Insituform Technologies, LLC $218,458.00
Nuline Technologies $234,830.54
Sancon Technologies $292,245.00
Staff checked the licensing requirements and references for the low bidder, Insituform
Technologies and found everything in order, therefore, a recommendation to award the
contract is being made.
Background
The Indus sewer main is located in a CMSD easement in the backyards of residences
fronting on Indus Street. The backyards are immediately adjacent to the Orange County
Santa Ana Delhi Flood Control Channel and a permit was obtained from Orange County
Public Works to allow the contractor to use the channel as a staging area in order to lift
equipment and materials over the channel wall using a crane in order to install the
manhole liners.
Because of the location of the sewer main, regular cleaning is time consuming and
requires two cleaning trucks instead of one truck so the hoses can be used together to
clean the 1,200 foot section of sewer main. The backyard vegatation has resulted in
roots penetrating the walls of some of the manholes being rehabilitated. This sewer line
is considered a hot spot but after the proposed project, it is anticipated the hot spot will
be abated and can be removed from the list.
The manhole in the rear yard of 2321 Mesa Drive is in the same condition as the
manholes on the Indus line and requires the same kind of specialized rehabilitation,
therefore, the recommendation that it be rehabilitated as part of this project.
It should be noted the low bid is substantially below the engineer’s estimate. As an
example, nine sewer manholes are located in vegetated backyard areas and the
restoration bid item for the low bidder is $1,000 total for all nine backyards. Other bid
items are similarly low.
Strategic Plan Element & Goal
This item complies with Strategic Plan Element 1.0, Sewer Infrastructure and Strategic
Goals No. 1.4, System Wide Sewer Replacement and Repair Program
Board of Directors
March 24, 2016
Page 3 of 3
Legal Review
District Counsel prepared and signed the construction contract being considered.
Environmental Review
The installation of a liner in the sewer main and liners in the manholes is categorically
exempt under the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.) under Section 15301 as a “Class 1” “minor alteration of existing
public or private structures”, as further described in Section (b) as “Existing facilities of
both investor and publicly-owned utilities used to provide .... sewerage ...”.
Financial Review
Project #310, Indus Sewer and Manhole Rehabilitation, has a total budget of $353,000.
The project to date expenses total approximately $24,000 including encumbrances. The
remaining available budget is $329,435 which is sufficient to cover the proposed contract
if awarded by the Board of Directors.
Staff is currently cleaning the Indus line four times a year at a cost of $7,160 annually.
Lining the Indus line and removing it from the Hot Spot list will save the District
approximately $5,370 a year in maintenance costs because the line will be cleaned once
a year instead of four times a year.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for
the March 24, 2016 Board of Directors regular meeting at District Headquarters and on
District’s website.
Alternative Actions
1. Do not award the project to Insituform Technologies.
2. Refer the matter back to staff for additional information.
Attachment: Contract between Insituform Technologies, LLC and CMSD.
Reviewed by:
Wendy Hooper Davis
Finance Manager
Costa Mesa Sanitary District
... an Independent Special District
General Manager’s Agreement and 2016 Performance Goals
Item Number:21.
Recommendation/Notes:
Recommendation: That the Board of Directors approves the General Manager’s Agreement
and his 2016 Performance Goals.
ATTACHMENTS:
Description Type
General Manager’s Agreement and 2016 Performance Goals Cover Memo
1
EMPLOYMENT AGREEMENT
(DISTRICT MANAGER)
(SCOTT CARROLL)
(RESTATED 2016)
On this 24th day of March, 2016, the Costa Mesa Sanitary District, a sanitary
district established pursuant to Health and Safety Code Section 6400 et seq., (“District”)
and Scott Carroll (“Manager”) mutually agree as follows:
RECITALS
WHEREAS, the District hired Scott Carroll as its General Manager after a
competitive search on January 4, 2010; and
WHEREAS, pursuant to General Manager’s Employment Agreement the Board
reviewed his performance every year and provided increases in compensation and
other benefits to General Manager as part of that process; and
WHEREAS, as part of that process General Manger also agreed to increase his
own contributions to his P.E.R.S. pension; and
WHEREAS, the parties hereto do now desire to integrate the amendments made
to the Employment Agreement into a new integrated document and to increase the
General Manager’s severance pay if certain conditions are met;
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. DUTIES
A. District agreed on Jan 4, 2010 to employ Scott Carroll as the General
Manager of the District to perform the functions and duties of General Manager as
specified by District ordinances, rules and regulations, and as the Board of Directors
may determine, and to perform such other legally permissible and proper duties and
functions as the Board of Directors may from time to time assign.
B. General Manager understands that he is to provide all services required
by this Agreement for the compensation set forth and, as the District's chief executive
employee, is not entitled to overtime under the Fair Labor Standards Act.
2. TERM AND NATURE OF EMPLOYMENT
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A. The term of General Manager’s employment began on January 4, 2010,
and shall continue until terminated by either party in accordance with the provisions set
forth herein or as otherwise permitted by law.
B. General Manager shall serve at the pleasure of, and at the will of, the
Board of Directors. General Manager shall have no property right to the job of General
Manager and shall be entitled to no due process or hearing rights before termination.
Notwithstanding said relationship, General Manager shall have the rights set forth in this
Agreement in the event of termination of employment.
C. General Manager agrees to remain in the exclusive, full-time employ of
District during the term of this agreement, and neither to accept other employment nor
to become employed by any other employer until termination of employment hereunder.
The term of employment hereunder shall not be construed to prevent General Manager
from occasional teaching, writing or consulting performed on General Manager's time off
and not inconsistent with his duties as General Manager hereunder. General Manager
shall keep the District's Board and District Counsel informed of any other employment,
which may conflict with General Manager's duties hereunder.
3. TERMINATION AND SEVERANCE PAY
A. In the event the Board of Directors determines to terminate General
Manager, it agrees to give him (365) days/one year’s notice of its intention to do so.
The Board of Directors shall then have the option of allowing General Manager to work
for said three hundred sixty-five (365) days, or may advise General Manager that he is
relieved of all duties.
B. In the event that the Board of Directors determines to discontinue
employment of General Manager and to relieve him/her of all duties, and during such
time that General Manager is willing and able to perform his duties under this
Agreement, District agrees to pay General Manager, in addition to any other amounts
that may be due General Manager at the time of separation of employment, payment
equal to (365) days aggregate salary and benefits which District may elect to pay in a
lump sum or monthly for a period of twelve (12) months, subject to the following
conditions.
C. Such severance pay will only be used to compensate General Manager
for such time that he is not gainfully employed in a comparable position with another
employer.
D. No severance pay will be provided if General Manager's employment is
discontinued because of his conviction of a felony or commission of any wrongful act
involving personal gain to him, just cause, insubordination or malfeasance.
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4. SALARY
A. District agrees to pay General Manager for his services rendered
hereunder a base salary of One Hundred Eighty-Eight Thousand Five Hundred Forty-
Two Dollars and Eighty-Five cents. ($188,542.85) 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 General Manager's performance and may consider adjustments to said base
salary and/or other benefits of General Manager in such amounts and to such extent as
the Board of Directors may determine is desirable and appropriate.
5. PERFORMANCE EVALUATION
A. The District shall review and evaluate the Performance of General
Manager in advance of the adoption of the annual operating budget, and at least
annually thereafter in advance of said adoption, and at such other time or times as the
parties deem appropriate. Said review and evaluation may be in accordance with
specific criteria developed by the Board of Directors in consultation with General
Manager. Said criteria may be added to or deleted from as the Board of Directors may
from time to time determine, in consultation with General Manager. Further, the results
of said evaluation shall be memorialized in writing and provided to General Manager
and all members of the Board of Directors.
B. Annually, the Board of Directors, in consultation with General Manager,
shall define such goals and performance objectives, which they determine necessary for
the proper operation of the District and in the attainment of the Board's policy objectives
and shall further establish a relative priority among those various goals and objectives
to be reduced to writing. They shall generally be attainable within the time limitations as
specified in the annual operating budget and appropriations provided.
C. In effecting the provisions of this section, the Board of Directors and
General Manager mutually agree to abide by the provisions of applicable law.
6. HOURS OF WORK AND VACATION
It is recognized that General Manager must devote substantial time in addition to
the normal office hours to the business of the District. In recognition of this fact, District
does hereby grant General Manager the following vacation benefit:
A. Vacation bank. On January 14, 2010, General Manager was provided with
a bank of vacation equating to three (3) work weeks (15 days at 8-hour days). Said
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vacation vested and become General Manager’s property after Manager has worked
three months.
B. Vacation accrual. In addition to said vacation bank, General Manager shall
begin accruing regular vacation in accordance with District rules on vacation accrual
and shall thereafter earned vacation accordingly. General Manager began accruing on
the first day of employment.
7. HEALTH INSURANCE
From the effective date of this agreement, the District agrees to obtain or place in
effect and make any required premium payments for health insurance benefits for
General Manager, including standard coverage for accidents, sickness, other medical
and dependent group insurance coverage, including hospitalization, surgical and
comprehensive medical insurance. The coverage provided under this paragraph by the
District shall be deemed satisfied if the District provides group medical insurance
coverage equal to or as a part of the health insurance coverage provided to other
District employees of the District pursuant to policies or other enactments as may be
established by the Board of Directors from time to time. The District shall pay the same
portion of the premium as is paid for District employees.
8. RETIREMENT
District participates in the Public Employees Retirement System, and General
Manager shall be entitled to participate and to have the District pay such share of
retirement contribution as is provided for other employees. General Manager shall pay
the full employee contribution, 7%, for his P.E.R.S pension.
9. SUBSCRIPTIONS AND PROFESSIONAL FEES AND DEVELOPMENT
It is anticipated that General Manager will participate in such associations and
organizations as may be necessary and desirable for his continued professional
participation, growth and advancement, and for the good of the District. In that
connection, the District shall pay for or reimburse General Manager for all approved
expenses and fees incurred in that connection. General Manager shall also be entitled
to payment or reimbursement for travel, meetings and subsistence expenses as are
reasonably necessary to continue the professional development of General Manager
and to adequately pursue necessary official and other functions for the District and other
management, national, regional, state and local governmental groups and committees
thereof which General Manager serves as a member, with concurrence of the Board of
Directors. District also agrees to pay for necessary and related expenses of General
Manager for short courses, institutes and seminars necessary for his professional
development and the good of the District, with the concurrence of the Board of
Directors. The Board of Directors will consider during preparation and adoption of its
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budget those expenses reasonably necessary, and as may be reasonably available for
the purposes of this section.
10. VEHICLE ALLOWANCE
General Manager shall be provided with a Four Hundred Dollar ($400.00)-per-
month automobile allowance. Manager shall keep his vehicles fully insured.
11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The Board of Directors, in consultation with General Manager, shall fix any
such other terms and conditions of employment as it may determine from time to time,
relating to performance of General Manager, provided such terms and conditions are
not inconsistent with or in conflict with the provisions of this agreement, District
ordinances, or any other law.
B. All provisions of the District's other ordinances and regulations and rules
of the District (including, but not limited to, District’s Personnel Rules and Administrative
Regulations) relating to other fringe benefits and working conditions as they may now
exist or hereafter may be amended, shall also apply to General Manager as they would
to any other salaried employee of the District to the extent such benefits and conditions
are not already provided for in this agreement.
12. NOTICES
All notices pertaining to this Agreement shall be in writing and addressed as
follows:
To District: Michael Scheafer, President
Board of Directors
Costa Mesa Sanitary District
628 West 19th Street
Costa Mesa, California 92627
To General Manager: Mr. Scott Carroll
276 North Lazy Meadow Road
Orange, California 92869
13. ASSIGNMENT
This agreement is not assignable by either the District or General Manager, and
services of General Manager may not be delegated hereunder.
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14. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon the parties, and their heirs,
executors and successors in interest.
C. This agreement shall become effective March 24, 2016, upon execution of
the parties hereto and continues the preexisting contractual arrangements.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
COSTA MESA SANITARY DISTRICT SCOTT CARROLL
__________________________ __________________________
President Signature
__________________________
Secretary
APPROVED AS TO FORM:
__________________________
District Counsel
2016 General Manager Goals
1. Complete tenant improvements at new HQ and ensure a smooth transition for
relocation.
2. Conduct an Emergency Operations Center (EOC) table top exercise and share
lessons learned with the Board of Directors.
3. Complete community wide citizen survey.
4. Audit solid waste accounts to determine accurate number of accounts.
5. Develop a Performance Measurement Program that collects data to measure
outcome and results to help determine effectiveness and efficiencies of District
programs.
6. Achieve zero SSO’s from February 2016 through December 2016.
7. Reenergize the asset management program by obtaining refresher training for
staff to ensure assets are being analyzed annually for replacement after reaching
their life cycle and ensuring there is adequate funding in accordance to the
program by summer 2016.
8. Develop an assistance program that will reimburse small food service
establishments for procuring and installing a grease interceptor at their
establishment. Submit proposed program to the Board of Directors for approval
consideration.
9. Promote zero waste campaign at Fish Fry and Concerts in the Park. Track
tonnage of waste collected at the events and tonnage diverted from landfills.
Report findings to the Board of Directors.
10. Develop revised parameters/guidelines for Sewer Lateral Assistance Program
that will protect homeowners from paying unnecessary and expensive repairs to
their private sewer laterals. Present to the Board of Directors for approval
consideration.
11. Plan and coordinate an open house event for the public to see the District’s new
HQ building located at 290 Paularino Avenue.
12. Have the District obtain reaccreditation as “District of Distinction” from the
Special District Leadership Foundation.
Costa Mesa Sanitary District
... an Independent Special District
Ordinance No. 112 – Revising CMSD Operations Code Section 6.04.060 (Insurance,
Bonding and License Status)
Item Number:22.
Recommendation/Notes:
Recommendation: That the Board of Directors adopt Ordinance No. 112 making changes to
the sewer permit process and the District’s requirements.
ATTACHMENTS:
Description Type
Ordinance No. 112 – Revising CMSD Operations Code Section
6.04.060 (Insurance, Bonding and License Status)Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
From: Alan Burns, District Counsel
Date: March 24, 2016
Subject: Ordinance No. 112 – Revising CMSD Operations Code Section
6.04.060 (Insurance, Bonding and License Status)
Summary
A review of our sewer permit, insurance, bonding and contractor license requirements
has caused staff to make recommendations to the Board to lessen some requirements
and to increase others to make the sewer permit process more appropriate. Staff
recommends modifications to our ordinance to make those appropriate changes.
Staff Recommendation
That the Board of Directors adopt Ordinance No. 112 making changes to the
sewer permit process and the District’s requirements.
Analysis
The District’s current sewer permit process is set forth in CMSD Operations Code
Section 6.04.060 and requires the following:
1. Insurance for all permits of $1,000,000 for liability and auto coverage and
workers compensation coverage. The general liability must name the
District as an additional insured.
2. For sewer work that is to become part of the District’s system, a
performance bond and labor and materials bond is also required.
3. No provision is made to check on the state contractor’s license status of
any contractor doing the work (although in our contract for District work we
require our contractors to have specified licenses).
Staff believes that all contractors doing work on our system or requires excavation in
the public right of way to have insurance of One Million Dollars and to name the District
as an additional insured.
Board of Directors
March 24, 2016
Page 2 of 3
Requiring such insurance on private jobs is not necessary as long as the work does
not involve the Districts sewer system. For instance, lining a private sewer lateral, if
done correctly, will not be in contact with the District main line. However, if the lateral
is crushed at the connection and excavation is required to repair the lateral then the
District will require insurance from the private contractor.
All District staff persons at headquarters have been trained how to verify that insurance
exists and complies with our requirements, which demonstrates the District is
performing a mandatory duty (Government Code Section 810.6). In Morris v. Marin
County 18 Cal. 3d 905 (1977). Bonds are being checked and verified by District
Counsel’s office. In Rankin v. City of Murrieta 84 Cal.App.4th 701 (2000) the City failed
to check to ensure that a payment bond was issued by an admitted carrier, and since
the bond was issued by a Turks & Caicos company with no financial substance, the
City was found liable for failing to ensure that the bonding company was an admitted
surety.
Staff is not recommending any changes to the requirement for a performance bond
whenever the District’s sewer system is involved. This seems entirely appropriate.
By contrast, we do believe that it would be appropriate to make sure that any
contractor obtaining a sewer permit from the District has an appropriate license from
the State to perform the work. Since we are issuing a permit, which is an approval to
do such work, it seems entirely proper that we would verify that persons performing
such work have the appropriate license and citizens might expect that we would check
on that status before issuing a license. We did not have such a requirement, and we
are recommending that we require and verify such status.
Strategic Plan Element & Goal
This item complies with objective and strategy of Strategic Element No.5,
Administrative Management, which states as follows:
“Objective: To create, maintain and implement policies and procedures to ensure
sound and transparent management of the District.”
Strategy: We will conduct periodic reviews, refine and implement policies and
procedures, and ensure the General Manager has the direction and tools necessary
for successful District operations.”
Legal Review
District Counsel has prepared this staff report and Ordinance No. 112.
Environmental Review
Consideration of the requirements for issuing a sewer permit is an administrative
matter and is not a disturbance of the environment similar to grading or construction
and is not a project under CEQA or the District’s CEQA Guidelines.
Board of Directors
March 24, 2016
Page 3 of 3
Financial Review
There are no financial impacts to the District if Ordinance No. 112 is adopted.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet
for the March 24, 2016 Board of Directors meeting at District Headquarters and posted
on the District’s website.
Alternative Actions
1. Leave the ordinance as is and direct staff to continue to verify insurance and not
verify license status.
2. Do a different combination of insurance, bonding and license verification.
Reviewed by:
Wendy Hooper Davis
Finance Manager
Attachment A: Ordinance No. 112
ORDINANCE NO. 112
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT REVISING ITS
REQUIREMENTS FOR SEWER PERMITS
WHEREAS, the District has established requirements for obtaining a sewer
permit; and
WHEREAS, the Board of Directors has determined that the insurance and
bonding requirements should only be applicable for sewer work that will be
accepted into the District’s public system or that requires excavation in the public
right of way; and
WHEREAS, the Board has further determined that contractor license status
should be required and checked by District staff before work begins, and that the
contractor status may be different for private work and public sewer system work;
and
WHEREAS, the Board does hereby desire to make those changes and
clarifications.
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary
District does hereby ORDAIN as follows:
Section1. That subsections (i) and (j) are hereby amended, and subsection
(k) is added, to Section 6.04.060 of the District’s Operations Code to read:
“….
(i) License status. For sewer work that will be accepted into the District’s
system, or that will involve excavation in the public right of way, or that
will involve a connection to the District’s main line, the Contractor shall
maintain a C-42 or A license, or such other license that the District
Engineer shall determine is similar based on state law. For all other
general plumbing work involving only private facilities on private
property, the contractor shall have a C-36 license or such license as the
District Engineer determines is similar based on state law. District
personnel shall verify the status of the license before the permit will
issue.
(j) Insurance. Insurance shall only be required for permit issuance if work
will involve District facilities or excavation work in the right of way. For
that work, no permit will issue unless the contractor doing the work has
commercial general liability, with underground coverage, and
Ordinance No. 112
automobile coverage. The District and its officers, agents and
employees shall be named as an additional insured and provided with
an endorsement evidencing such coverage on District forms or on forms
acceptable to District. Such coverage must provide that it will not be
cancelled without 30 days notice to the District. Insurance shall have a
Best’s Key Guide rating of A-VIII or better and must be issued by an
insurance company authorized to do business in California. Contractors
shall also provide proof of workers compensation coverage. Contractors
performing work for the District shall follow the insurance requirements
of the contract.
(k) Bonds. For insurance that will involve District facilities or work in the right
of way, the District shall require a performance bond if the work is over
$25,000 in value, and shall require a labor and materials bond before
the permit will issue. The bonds must be issued by an admitted surety.
No permit will issue unless such bonds are on file and have been
verified. “
Section 2. Should any part, clause or section of this Ordinance be
declared by any Court of competent jurisdiction to be invalid, the remaining
provisions of this Ordinance shall nevertheless be and remain in full force and
effect and the Board of Directors of the Costa Mesa Sanitary District of Orange
County, California, hereby declares that each and every section, clause, provision
or part of this Ordinance would have been adopted and made a part of this
Ordinance without the adoption of any portion thereof and that the invalidity of any
part or provision hereof shall not in any way affect the validity or enforcement of
the remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and
6494.3, 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 24th day of March, 2016.
Secretary President
APPROVED AS TO FORM
District Counsel
Ordinance No. 112
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, District Clerk of the Costa Mesa Sanitary
District, hereby certify that the above and foregoing Ordinance No. 112 was duly
and regularly passed and adopted by said Board of Directors at a regular meeting
thereof, held on the _______ day of _____________, 2016 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this ______day of _______________, 2016.
Clerk of the Costa Mesa Sanitary District
Costa Mesa Sanitary District
... an Independent Special District
CSDA Award – Board Member of the Year – Oral Report from Assistant Scretary
Schafer
Item Number:23.
Recommendation/Notes:
CSDA Award – Board Member of the Year – Oral Report from Assistant Scretary Schafer
Costa Mesa Sanitary District
... an Independent Special District
Discuss litigation with legal counsel pursuant to Government Code Section 54956.9:
Item Number:24.
Recommendation/Notes:
(a) In regards to existing/anticipated litigation entitled Costa
Mesa Sanitary District – Santa Ana Regional Water Quality
Control Board Complaint No. R8-2015-0025.
(b) Anticipated litigation – significant exposure to litigation
pursuant to Government Code 5456.9(d)(2),(e)(1) [Number of
potential cases: 1]