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AP 11-06-08 SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, November 6, 2008 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South lake Tahoe, California Richard Solbrii' General Manawer Mary Lou Mosbacher, President , BOARD MEMBERS , Pa~1 Sciuto, Assistant General Mana~:r_ Dale Rise, Vice President James R. Jones, Director .. <'H~" _, ,,,<,.. Eric W, Schafer, Director < ,-. '",', Ernie Claudio, Director ,.."'- ' , , , '" ,',' 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE 2. COMMENTS FROM THE AUDIENCE (Short non-agenda items that are within the subject matter jurisdiction of the District. Five-minute limit. No action will be taken,) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR 4. ADOPTION OF CONSENT CALENDAR (Any item can be discussed and considered separately upon request) 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION I ACTION 6. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. Water Facility Agreement with Heavenly Pg, 45 Valley, Limited Partnership (Paul Sciuto) (1) Authorize Execution of a Water Facility Agreement with Heavenly Valley; and (2) Allow Staff to Negotiate Minor Changes to the Draft Agreement b, Heavenly Valley Snowmaking Pg, 57 (Paul Sciuto) Approve Proposal from Municipal Financial Services to Evaluate the Capital and Operating Costs, in the Amount of $21 ,760 c, Payment of Claims Pg, 63 Approve Payment (*To be distributed prior to, and at the Board meeting,) ,..:.- ,~~':::) b~% ,S~ -, J ',JI REGULAR BOARD MEETING AGENDA - NOVEMBER 6, 2008 PAGE - 2 7. BOARD MEMBER STANDING COMMITTEE REPORTS (Discussions may take place; however, no action will be taken) a. Water & Wastewater Operations Committee (Jones / Claudio) b, Finance Committee (Schafer / Rise) c, Executive Committee (Mosbacher / Rise) d, Planning Committee (Mosbacher / Schafer) 8. BOARD MEMBER AD HOC COMMITTEE REPORTS a, City of South Lake Tahoe Issues Ad Hoc Committee (Mosbacher / Jones) b, Management Negotiations Ad Hoc Committee (Schafer / Rise) 9. EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVES REPORT 10. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken) 11. GENERAL MANAGER REPORTS (Discussions may take place; however, no action will be taken) a, Integrated Regional Water Management Plan & Proposition 84 b, Emergency Practice Drill 12. STAFF I ATTORNEY REPORTS (Discussions may take place; however, no action will be taken) a, Update on Excess Sewer Unit Transfer Ordinance (Lisa Coyner) b, City Meeting re: Construction Projects (Paul Sciuto) c, WEFTEC Conference (Paul Sciuto) d, Waterline Project Retention (Paul Sciuto) e, California Budget Update (Dennis Cocking) f, District Investment Update (Paul Hughes) 13. NOTICE OF PAST AND FUTURE MEETINGS I EVENTS Past Meetinas I Events 10/17/08 - Planning Committee Meeting & Diamond Valley Master Plan Presentation 10/23/08 - Staff Meeting with City of South Lake Tahoe 10/23/08 - Management Negotiations Ad Hoc Committee Meeting 10/27/08 - ENS Resources 11/03/08 - Water and Wastewater Operations Committee Meeting 11/05/08 - Planning Committee Meeting re: Diamond Valley Master Plan 11/06/08 - Emergency Practice Drill Future Meetinas I Events 11/06/08 - Emergency Practice Drill 11/10/08 - Veteran's Day (District Office Closed) 11/12/08 - 9:00 a,m, - EI Dorado County Water Agency Meeting 11/18/08 - 8:00 a,m, - ECC (Employee Communications Committee) Meeting at District (Director Rise is Board representative) 11/18/08 - 9:00 a,m, - Alpine County Supervisors Regular Board Meeting in Markleeville 11/19/08 - 11 :30 a,m, - 1 :30 p,m, - Flu Shots at District in Conference Room 1 11/20/08 - 2:00 p,m, - STPUD Regular Board Meeting REGULAR BOARD MEETING AGENDA - NOVEMBER 6, 2008 PAGE - 3 14. CLOSED SESSION (Closed Sessions are not open to the public) a, Pursuant to Government Code Section 54956,9(a)/Conference with Legal Counsel- Pg,65 Existing Litigation re: Meyers Landfill Site: United States of America vs, EI Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No, S-01-1520 LKK GGH, United States District Court for the Eastern District of CA 15. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16. ADJOURNMENT (To the next regular meeting, November 20,2008,2:00 p,m,) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the meeting and at the District office during the hours of 8:00 a,m, - 5:00 p,m" Monday through Friday, A recording of the meeting is retained for 30 days after minutes of the meeting have been approved, Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda, Designated times are for particular items only, Public Hearings will not be called to order prior to the time specified, Public participation is encouraged, Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard; comments should be brief and directed to the specifics of the item being considered. Comments on items not on the agenda can be heard during "Comments from the Audience;" however, action cannot be taken on items not on the agenda. Please provide the Clerk of the Board with a copy of all written material presented at the meeting, *Backup to any agenda item(s) not included with the Board packet will be made available when finalized at the District office, at the Board meeting, and upon request to the Clerk of the Board, The meeting location is accessible to people with disabilities, Every reasonable effort will be made to accommodate participation of the disabled in all of the District's public meetings, If particular accommodations for the disabled are needed (Le" disability-related aids, or other services), please contact the Clerk of the Board at 530.544.6474, extension 6203, at least 24 hours in advance of the meeting, CONSENT CALENDAR NOVEM BER 6, 2008 ITEMS REQUESTED ACTION a, License Agreement with Heavenly Land, Limited Authorize Execution of a License Pg, 1 Partnership Agreement with Heavenly Valley (Paul Sciuto) Allowing Access to the David Lane Booster Station Property for Soils Investigation b, Pickup Truck: % Ton Regular Cab Award Bid to the Lowest Respon- Pg, 11 (Randy Curtis) sive, Responsible Bidder, Hansel Ford, Inc" in the Amount of $20,578.23 c, Forklift (1) Waive the Minor Bid Irregularity Pg, 15 (Randy Curtis) and (2) Award Bid to the Lowest Responsive, Responsible Bidder, Case Power and Equipment, in the Amount of $54,301.25 d, Country Club Tank and Waterline Replacement Approve Change Order No, 1 to Pg, 19 Sitework Hangtown General Engineering, in (Julie Ryan) the Amount of $1,488,82 e, 2008 AI Tahoe Waterline Replacement Approve Change Order No, 2 to Pg,27 (John Thiel) Cruz Excavating, in the Amount of $64,890 f, Association of California Water Agencies (ACWA) Approve Payment to ACW A in the Pg,33 2009 Annual Membership Dues Amount of $16,475 (Dennis Cocking) g, Regular Board Meeting Minutes: Approve Minutes Pg,39 October 16, 2008 (Kathy Sharp) South Tahoe Public Utility District. 1275 Meadow Crest Drive. South Lake Tahoe, CA 96150 Phone 530,544.6474 · Facsimile 530,541,0614. www.stpud.us 6el1l'!l'sl Mal1~1$r Richard H, 5olbr1t3 South Tahoe Public Utility District Dlr6ct:ore Ernie Cla:ueIlo JamM It JOMe Mary Lou Mofmactw Dale RIfle .,. 1275 Meadow Creet Drive · South taka Tahoe · CA 90150 Phone 550 544-6474. Fax 600 641-0014 BOARD AGENDA ITEM 4a TO: Board of Directors FROM: Paul A. Sciuto, Assistant General Manager/Engineer MEETING DATE: November 6, 2008 ITEM - PROJECT NAME: License Agreement with Heavenly Valley, Limited Partnership REQUESTED BOARD ACTION: Authorize execution of a License Agreement with Heavenly Valley allowing access to the David Lane Booster Station property for soils investigation, DISCUSSION: Heavenly Valley is looking for locations to possibly build a water booster station and associated pipeline that they would own and operate. The facilities would allow for increased flows for snowmaking. As part of the planning process, Heavenly would like to drill two geotechnical borings on the District's David Lane Booster Station property. The License Agreement allows access to our property for these investigations. SCHEDULE: COSTS: No cost ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Draft License Agreement CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES fl/;/.4 NO CHIEF FINANCIAL OFFICER: YES ~ NO I CATEGORY: Water -1- LICENSE AGREEMENT This License Agreement (License Agreement) is made an~ entered into on this _ day of October 2008, by and between the South Tahoe Public Utility District, a California Public Agency formed in 1950 pursuant to the Public Utility District Act (District), and the Heavenly Valley, Limited Partnership, a Nevada limited partnership("Heavenly"), with reference to the following facts and intentions: A. The District is the owner of a certain parcel of real propetty located in EI Dorado County, California, generally desctibed as Assessor Parcel Number 028-083-14 in EI Dorado Cotmty, California (the Site); B. Heavenly desires to obtain access to the Site in connection with a patential expansian of water service by District to Heavenly and investigation of the feasibility of various options related to such potential expansion (the "Project"); and D. The District agrees to gIant a license to Heavenly pursuant to the terms and conditions 'Of this License Agreement. NOW, THEREFORE, the parties agree as follows: 1. Grant of License. For valuable consideratian, the receipt of which is acknowledged. District giants to Heavenly a license (License) for access to the Site in connection with the Project Ihe License is subject to $e District's easement fot one of the Site which, ifspecific authorizatian is needed from the grantot 'Of such easement, the District shall use its best efforts to obtain such authorization 2. Obli2ations. 2.1 Heavenly. Heavenly shall be respansible at its sole cost and expense for actions relating to the Project. 2.2 District. The DistIict shall provide Heavenly with access to the Site in connection with the Project 3. Term. Ihis License shall commence on October 27, 2008 and continue through Novembel 7,2008 (Term), unless otherwise agreed to in writing by the parties, PIiOl to expiIatian of the I erm, the parties may extend the I erm on such terms and conditions as mutually agreed by the parties in wIiting. Heavenly shall repair any damage to the District's property caused by its actions at the Site in connection with the PIOject. 4. Damaee to Property. Heavenly shall repair any damage to the District's real or personal property at the Site caused by its actions at the Site in connection with the Project, Heavenly's actions related to the Project shall nat unreasonably interfere with the District's operation of its facilities and systems, 1 SB 331833 vL00762T 0010 -3- 5. Performance. All construction, maintenance, 'Operations, repairs and other activities perfOlmed by Heavenly shall be performed in a good wOlkmanship like manner by individuals qualified and licensed, if required., to perform such activities. 6. Compliance with Law. Heavenly shall comply and conduct its activities in accordance with all local, state and federal laws" Heavenly shall obtain, at its sole cost and expense, any and all permits and consents from any such governmental agencies having jurisdiction that are necessary fOl performance of its rights and obligations pursuant to this License Agreement 7. Insurance. Notwithstanding that Heavenly is self-insured, Heavenly shall require its agents, contractors and consultants to procure and maintain during the Term, at its/their own cost and expense automobile liability insurance with limits not less than One Million Dollars ($1,000,000) per occurrence, comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and statutory workers' compensation insurance, The Disttict shall be named as an additional insured on such policies and shall be provided a certificate of insurance evidencing the above coverages. Each certificate 'Ofinsurance shall provide a minimum of thirty (30) days advance Wlitten notice to Disuict of any material change Ol cancellation ofinsurance required under this section 8. Indemnification. 8.1 Heavenly. Heavenly shall indemnify, defend and hold harmless the Disttict, its dir'ectors, elected officials, officers, agents and employees, from and against any and all claims, damages, losses, liabilities and expenses, including attorneys' fees, paralegal and legal fees and costs, which arise out of, relate to or result from this License Agreement or Heavenly's breach ofits obligations under this License AgIeement, except to the extent any liability, claim, damage, loss, cost or expense that is caused by the District's sole active negligence or willful misconduct 8.2 District. District shall indemnify, defend and hold haunless Heavenly, its ditectOls, elected officials, officers, agents and employees, fi'Om and against any and all claims, damages, losses, liabilities and expenses, including attorneys' fees, pwalegal and legal fees and costs, which arise out of, relate to 01 result flum this License Agreement or Disuict's breach of its obligations under this License AgIeement, except to the extent any liability, claim, damage, loss, cost or expense that is caused by the Heavenly's sole active negligence or willful misconduct 9. General Provisions. 9.1 Good Faith, Wherever in this License AgIeement a party has the light to approve an act of another party, the fOlmer shall exercise such discretion in good faith and according to reasonable commercial standards Similarly, where a party is required to satisfy a condition 01 complete an act in a certain fashion 01 within a specified time peliod, that party shall pursue such objectives in good faith and make all reasonable effolts to accomplish the same; the other party shall likewise in good faith cooperate and assist the other pwty in accomplishing this task to cause the consummation of the agI'eement as intended by the parties and evidenced by this License Agreement. 2 SB 331833 yl;007621 0010 -4- 9.2 Construction. The provisions oHbis License Agreement should be liberally construed to effectuate its purposes, The language of this License Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each par ty has patticipated in the drafting ofthis License Agreement and had the opportunity to have their counsel review it. Whenever the context and constlUction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa, 9.3 Severability. If any term, provision, covenant or condition of this License Agreement shall be or become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this License Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby The term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable shall be modified or changed by the parties to the extent possible to earry out the intentions and directives stated in this License Agreement 9.4 Signatul'es ~ Counterparts. This License Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument This License Agreement shall not be effective until the execution and delivery between each of the parties of at least one set of counterpalts, The palties authoiize each other to detach and combine original signatwe pages and consolidate them into a single identical originaL Any of such completely executed counterpaIts shall be sufficient proof of this License Agreement, ~ 9.5 Assignment. A palty shall not voluntarily 01 by operation of law assign, hypothecate, give, transfer, mortgage, sublet, license, or otherwise transfer or encumber all or any part of its rights, duties, or other interests in this License Agr'eement or the proceeds thereof (collectively, Assigmnent), without the other paIty's prior written consent, which consent shall not be unreasonably withheld or delayed, Any attempt to make an Assignment in violation of this provision shall be a material default under this License Agreement and shall be null and void. Absent an express signed 'Wlitten agreement between the pal ties to the contIary, no assignment of any of the rights or obligations under this License Agreement shall result in a novation or in any other way release the assignor from its obligations under this License Agreement. 9.6 Successors and Assigns. This License Agreement shall be binding on and shall inure to the benefit of the pa1ties and their respective heirs, legal representatives, successors and permitted assigns, except as restricted by this License Agreement. 9.7 WaiveI'. No waiver of any pr ovision or consent to any action shall constitute a waiver of any other provision or consent to any other action, whether or not similar, No waiver or consent shall constitute a continuing waiver or consent or commit a palty to provide a waiver in the future except to the extent specifically stated in Wliting Any waiver given by a palty shall be null and void ifthe patty requesting such waiver has not provided a full and complete disclosure of all 3 SB 331833 vl:0076Z7 0010 -5- material facts relevant to the waiver requested No waiver shall be binding unless executed in writing by the patty making the waiver.. 9.8 Governing Law.. The validity and interpretation of this License Agreement shall be governed by the laws of the State of Califomia without giving effect to the principles of conflict of laws, with venue for all pUlposes proper only in the County of E1 DOlado, State of Califomia, 9.9 Notices. All notices, approvals, acceptances, demands and other communieations required or permitted under this License Agreement, to be effective shall be in writing and shall be delivered in person or by U.s ' mail (postage prepaid, certified, return receipt requested) or by Federal Express or other similar overnight delivery seryice to the party to whom the notice is directed at the address of such patty as follows: 10: District Richard Solbdg, Interim General Manager South I ahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 With Copy To: Gary M K vistad Hatch and P81ent 21 East Cauillo Street SantaBarbara, CA 93101 To: Heavenly Heavenly Valley, Limited Partnership Attention: Andrew Strain P.Q, Box 2180 Stateline,}fV 89449 Any Wlitten communication given by mail shall be deemed delivered two (2) business days after such mailing date and any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date, Either party may change its alddress by giving the other party Wlitten notice of its new addtess as provided above.. 9.10 Attorneys' Fees. If any legal proceeding (lawsuit, 81bination, etc ), including an action for declaratOIY relief, is brought to enfOIce OI interpret the provisions of this License AgIeement, the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be determined by the COUlt in the same action or in a separate action brought for that purpose The attorneys' fees aW81ded by the cOUlt shall be made as to fully reimbmse fOI all attorneys' fees, paralegal fees, costs and expenses actually incmred in good faith, reg81dless of the size of the judgment, it being the intention of the p81ties to fully compensate for all attorneys' fees, par alegal tees, costs and expenses paid or incmred in good faith. 9.11 Authorizations. All individuals executing this and other documents on behalf of the respective p81ties ceItify and watrant that they have the capacity and have been du1y 4 SU 331833 vI '00'76270010 -6- authorized to so execute the documents on behalf of the entity so indicated Each signatory shall also indemnify the other parties to this License Agreement, and hold them harmless, from any and all damages, costs, attollleys' fees, and other expenses, if the signatory is not so authorized, 9.12 ContI'act Administrator. The Heavenly employee with responsibility for administering this Agreement is Andrew Suain or such other representative of Heavenly who may be designated ii-om time to time. 9.13 Entire Agreement and Amendment. This License Agreement contains the entire understanding and agreement of the parties with respect to the matters considered, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or Wlitten, of any character or nature binding except as stated in: this License Agreement, This License Agreement may be altered, amended or modified only by an instIument in writing, executed by the patties to this License Agreement and by no other means, Each party waives their right to claim, contest or assert that this License Agreement was modified, canceled, superseded OI changed by any oral agr'eement, course of conduct, waiver or estoppel IN WITNESS WHEREOF, the palties have executed this License Agreement as of the date first stated above. SOUTH TAHOE PUBLIC UTILITY DISTRICT Heavenly Valley Limited Partnership, a Nevada Limited Paltnership By VR Heavenly 1, Ine Its general paltner By Blaise Carrig, Co MOWltain Division Chief Operating Officer, Heavenly MOWltain Resort By Hary Lou M:>sbacher, tlOarQ .President -7- :i -,--- - '~--' DATE (MM/DD/YVYY) t A CORD!.~__ .,..,'_,._~?!.,~~e~~~".."..,_'"! rR.ODUCEll Risk Insurance Services West, llUSCEIUIFICAIEIS ISSUED AS A MAUER OF INFORMAIIONONl Y Aon Inc, Den'fer CO Offi ce AND CONFERS NO RIGHTS UPON IIIE CERTIFICATE HOLDER IHIS 4100 East Mississippi Avenue CERflFICATE DOES NOT AMEND, EXTEND OR AL IER THE Suite 1500 COVERAGE AFF'()Rl>E~ BY THE POLICIES BELOW, Denver CO 80246 USA rHOI\E.(303) 758-7688 FAX. (303) 758-9458 INSURERS AFFORDING COVERAGE NAICfI INSUIUID INSUREll. A; Chubb Custom Insurance co, 38989 Heavenly valley, LP INSURER Be Liberty MUtual Fi re Ins Co 23035 P,O.. Box 2180 stateline NY 89449 USA INSURER c: Liber1:y ~tual Insur'ance Co. 23043 INSURER D: Liberty Insurance corporation 42404 INSJJREIl. E: .. . ~ ,J .. , , , - ' ., , , , . .. - ... .. --, - .l;.... mE POIlCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSQl!D TO nm INSURllDNAMED ABOVE FOR nm POLleY PERJOD INDICATED, NOTWI1HSTANDINO ANY REQlnREMENT, TERM OR CONDmON OF ANY cONl1lAC1' OR OmHR 0QClJMENT WJ11{ RESPECT TO WHICH nus CERTlFlCA 18 MAY BE ISSUED OR MAY PERlAIl'l TIlE INSURANCE AFFORDPD BY mE POUClES DESClUBI!ri HEREIl.fls ~UBJIlCT ro All THE 1 ERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE UMIrs SHOWN MAY HA VB BEEN REDUCED BY PAID ClAlMS LtAlTS SHOWN ARE N3 Rl;QUESTEO INSR lADP'l POLICY NIJMJlER POLlCY EFFECTM POLlCY EXPIRATION LTR. noiiai 1\'1'1l OF INSlIR.ANCI DAIE(t.lM\IlD\\'Y) DA, TJ:(MMIDD\Y\') UMITS C ~;"~..n E81661004265938 07/31/08 07/31/09 EACH OCCURRENCE $2,000,000 X COMMEROAt GENEIW. lIABIliTY DAMAGE ro RENTED Included I ClAIMS MADE [!] OCCIJR PREMISES (Ea ()C""lrtace) Y ODe person) ExCluded PEItSONAl " ADV INJURY Inc 1 uded GENERAl AGGREGATE $2,000,000 GEN 1 AGGREGAI E llMJt APPliES PI!R: $2,000,000 PRODOCTS. COMPIOP Aoo 0 POliCY 0 PRO- l!] lOC JEeT B AUTOMOBD.L LIABIlITY AS2-661-00426S-028 07/31/08 01/31/09 OO\l1lTNED SINGlE liMiT T ANY AUTO (Ea accident) $2,000,000 - AU OWNED AUTOS 80DlL Y INJURY - SCHEDUlEDAtnOS ( .... penon) - HIRED AUTOS BOOIL Y IN'JUR Y - NON OWNED AlTIOS (l'<<lllX.l<Ieat) - PROPER.TY DAMAGE - (p., .",de..I) GARAGE LIABD.UY AUTO ONI. Y - EA ACCIDENt B ANY AUTO OTHER tHAN EAACC AUro DIU Y : Aoo ItXCESS IIIMBRELI..A UABIUTY EACH OCUJIUUlI'lCE IJ OCUJR o QAIMS MADE AGGR.EGA TE BDEDUClmlE RETENnOI'l WORKERS COMPENSA nON A~'1l IWC SlATU-1 I~' 1:J\lrLOYDlS' UAUD..nV E k EACH ACCIDENT ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICER/MEMBER EXCWDED? EL DISEi\SE-EA EMPLOYEE 1:1,..., d_ und.. SPECIAl PROVISIONS E 1 DISEASE -POliCY I.IMIT below OTHER 0ESCRlPT10N Of OPERATIONSlLOCATIONSlVEIUC!.ESIEXCLUSIONS ADDED BY ENOORSEMEI/TISPEClAl PROVISIOI'IS South Tahoe Public utility District is included as additional insured with respects general liability and pollution liability policies as required under written contract. A waiver of subrogation applies, .. .., . . '~~.,~ ....- :~, .. . ;: ~]~rl6~;: ' . .: '~. -- -- "1f~ ,.. , ,- .. , .., ., .. I -. South Tahoe public utility District SHOULD ANY Of THE ABOVS DESCRlBW POUCIES BE (ANCI!LI.ED BEFORE THE EXPIRATION 127!i Meadow Crest Drive DATE TIlEIUiOF, THIi lSSUINQ INSUREIl WD.J. ENDEAVOR TO MAlL Sou1,h Lake Tahoe CA 96150 USA )0 DAYS WRI'ITEN NOTICE TO TIlBCERltF1CATBHOLDHR l'I,\MEDro THE lEFT DIJT FAILURE TO DO so SHALL IMPOSE NO ODlIOATION OR LlABIUTY OP ANY KINO UPON THE INSURER, ITS AGENTS OIl. REPRESENTATIVES, AlJIHO!UZIID REPRESENTAHVE ~ ~J__ s::..- ~~ - :;;~i:~J~l~ifh'i~~~~~ '..~ ~:.;1, ' , .. " " " _~ .ilifu~~~~1~~' .., ,.. -." ... ~ .. , . , " "':,:::n ,. . . ;11' :ffi"g~::.t!-'~~:-FiVf;:::~:'t!~.:-~. . ..,...... ' , .. , -8- .. .. c ";l ii '0 .... ~ c == M lD N '<t Cl N M ..., o o r-- '" Q it"; ~ ~ Gl U :I ~ I ~ rl ~ ~ I - Attachment to ACORD Certificate for' Heavenly valley, LP The terms, conditiollJi and provisions noted below are hereby attached to the captioned certificate as additional desctiption of the cover1lge afforded by the insurer(s) This attachment does not contain all terms, conditions, covemges or exclusions contained in the policy INSURER II\SURE/l Heavenly valley, LP P,O, BOX 2180 Statel;ne NV 89449 USA INSURER INSURER INSURER ADDIIIONAL POLICIES INSURER !fa policy below does not include limit infonnation, refer to the corresponding policy on the ACORD certificate fonn for policy limits. ADO'L POUCY I\1JMBER POLICY fOllCY U.'SR INSRO IYPE Of INSURANCE POLICY OESCRlPTlO/\ EFF}:CTM txPOv. TlON Ul\nl'S ITR DArE DATE OlliER 37n0988 01/01/07 01/01/10 l ;mit (1) A Poll Legal L;ab pollution legal l1ablli~ $2.000.000 DESC.RIYI1ONOf OPERAIIONSILOCAIIONSlVEHK1ESlEXa USIONS ADDED BY ENOORSEMFNlISPEClAl PROVISIONS Certificate No : 570031294261 -9- ~rteral M.~er Richard H, 5ol~ South Tahoe Public Utility District DlrtlC'tior& Ernie Ciltudlc JlJm~ It Jone& Mary Lou ~ Dale RIfle 1215 Meadow Cree1i Drlve · South Lake Tahoe · CA 00150 Phone 500 544-6474' Fax 550 641..0614 BOARD AGENDA ITEM 4b TO; Board of Directors FROM; Randy Curtis, Manager of Field Operations MEETING DATE; November 6, 2008 ITEM - PROJECT NAME; Pickup Truck: % Ton Regular Cab REQUESTED BOARD ACTION; Award bid to the lowest responsive, responsible bidder, Hansel Ford, Inc., in the amount of $20,578,23 DISCUSSION; The Board authorized a call for bids at the September 8, 2008, regular Board meeting, Nine (9) bids were received from area dealers and opened on October 14,2008, Staff believes the bid price to be fair and recommends award, SCHEDULE; As soon as possible COSTS; $20,578,23 ACCOUNT NO; 2005-8957 BUDGETED AMOUNT REMAINING: $30,000.00 ATTACHMENTS; Bid Results Sheet CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES tflttA NO CHIEF FINANCIAL OFFICER: YES ~ NO I CATEGORY: Water -11- ~ '~"-, '::',U1{ .~~ : . SO:u(;TH-TAH-06 .. r)v" .... PI..{E,UC lA..TILlTf DISTRICT BID RESULTS - 2009 % TON REGULAR CAB PICKUP TRUCK BID #: 08-09-09 OPENING DATE: OCTOBER 14, 2008 BID AMOUNT HANSEL FORD INC $ 20,578.23 Ford F250 Delivery 90 days ARO, Net 30 DOWNTOWN FORD SALES 20,847.60 Ford F250 Delivery 90 days ARO, Net 30 GEWEKE FORD 21,328,74 Ford F250 Delivery 90-120 ARO, Net 30 days Includes $633.28 for CD (package price) SAN FRANCISCO FORD, LINCOLN, MERC, 21,828.13 Ford F250 Delivery 90-150 days ARO, Net 15 Exception: Unit must be ordered by 10/31/08 FALLON AUTO MALL 22,584.03 Ford F250 Delivery 90 days, Cash 10 days Exception: Unit must be ordered by 10/31/08 CARSON DODGE CHRYSLER INC 22,950.00 Dodge Ram 2500 Delivery 60-120 days, Net 30 District must remit sales tax directly to Cal DMV INCLUDING DMV TAX 24,728,63 WHITESIDE CHEVROLET GMC Sierra 2500HD Delivery 75 days ARO, Net 30 25,802.89 WINNER CHEVROLET INC Chevrolet % ton Delivery by 12/17/08, Net 2 months Exception: No rear sliding window 26,793,17 CARDINALE AUTOMOTIVE GROUP Ford F250 Delivery 65 days, Net 30 27,342,77 INCLUDING LOCAL PREFERENCE DISCOUNT 26,962.25 -13- G"'I1~/f1 M411.1lftlr Richard H, 501brlg South Tahoe Public Utility Dietrict Dlrw;t:or& Ernie Claualo Jam~ R. Jot1ee Mllr:t Lou Moelw:her D",,~ lft" 1276 Mcadow C~6t Drlv<: · South Lak<: Taho<: . CA 96150 Phon<: 5:30 544-6474 · Fax 550 541-0014 BOARD AGENDA ITEM 4c TO: Board of Directors FROM: Randy Curtis, Manager of Field Operations MEETING DATE: November 6, 2008 ITEM - PROJECT NAME: Forklift REQUESTED BOARD ACTION: (1) Waive the minor bid irregularity; and (2) Award bid to the lowest responsive, responsible bidder, Case Power and Equipment, in the amount of $54,301,25. DISCUSSION: The Board authorized a call for bids at the September 8,2008, regular board meeting, Five (5) bids were received from area dealers and opened on October 14,2008, The apparent low bidder had one minor bid deviation: duel rear view mirrors mounted on the inside of cab, versus outside the cab as per specs, Total bid was $59,801,25 minus the trade in of the District's old forklift of $5,500.00, Staff believes the bid to be fair and recommends award, SCHEDULE: As soon as possible COSTS: $54,301,25 ACCOUNT NO: 1005-8916 BUDGETED AMOUNT REMAINING: $100,000,00 ATTACHMENTS: Bid Results Sheet CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ((#4 NO CHIEF FINANCIAL OFFICER: YES ~O I CATEGORY: Sewer -15- -'1 ?:i/: '; ,'~:\ :.: SOVlTH- TArt-DiES Pt.{B.LlC t.{T1L1TY DISTRICT FORKLIFT BID RESULTS - PRELIMINARY BID # 08-09-07 OPENING DATE October 14, 2008 BID AMOUNT ,)~ ,- - TRADE-IN 5\)t~~ , F'~~" TOTAL CASE POWER & EQUIP $ 59,801.25 5,500.00 54,301.25 09' Case 586G, 6000 Ib capacity full 1 year warranty, power train 2 years 90 day delivery - net 30 days Minor deviation: Dual rear view mirrors are inside the cab versus outside the cab as per specs TEAMPOWER FORKLIFTS 61,395.95 3,000.00 58,395.95 08' LiftKing M series, 6000 Ib capacity 1 year basic truck warranty, 2 years drive train 12 week - net on delivery RENO FORKLIFT, 6000 Ib capacity 64,593.97 5,000,00 59,593,97 New Sellick S60JDS2 2 years/4000 hours warranty 10-12 weeks delivery - net 10 days HOl T OF CALIFORNIA (MHO) 63,556.34 3,000,00 60,556,34 08' Manitou M30, 6000 Ib capacity full 1 yr/2000hrs warr, 2 yr/3000 hrs power train 90 day delivery - net 30 days Includes: engine "shut down system" for oil & water temperature and pressure CASHMAN EQUIPMENT CO 71,760.42 3,000,00 68,760.42 09' Manitou M40-2, 8000 Ib capacity full 1 year warranty, power train 2 years by 2/14/09 - net 10 days left hand outside mirror only -17- General Ma~ Richard H 5011me South Tahoe Public Utility District Directorlt Ernie Claudio Jam,,!:) Iii:. ~ Msry Lou Mo6~.acIw Da'~ ~.ee En er 1275 Meadow Cr8St Drive · South Lske Tshoe · CA 90'50 Phone 550 544--6474. Fsx 530 541-0614 BOARD AGENDA ITEM 4d TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: November 6, 2008 ITEM - PROJECT NAME: Country Club Tank and Waterline Replacement Sitework REQUESTED BOARD ACTION: Approve Change Order NO.1 to Hangtown General Engineering, in the amount $1,488.82. DISCUSSION: Change Order No, 1 addresses eight work items that are beyond the scope of the Contract, two credits for cost-saving changes in work, three changes in contract quantities and a change to the contract time. 1, During construction it was brought to Staffs attention that there were no instructions included in the Contract Drawings for the tie-in at the junction of the 6" main and the 4" service line. The additional work to provide and install a 6" x 4" tee with a 4" gate valve was performed on a Lump Sum basis for an additional cost of $1 ,423,27. 2. Due to obstructions along the alignment for the water service pipeline, the District opted to move two of the service from the back of the properties to the street. This change replaced 172 feet of 4" waterline with 108 feet of 2" waterline. The additional work was performed on a Lump Sum basis, The net difference for the change is a credit to the District in the amount <$4,023,36>. 3. The District's waterline easement crosses through the fenced backyard of a residence. To isolate the neighbor's yard from the construction project, the District asked that the Contractor install a chain link fence for the duration of the project. This fencing was not included in the contract work, The chainlink fence rental was performed on a Lump Sum basis for an additional $450,00, -19- Julie Ryan November 6, 2008 Page 2 4, During construction of the waterline, the Contractor encountered a sewer crossing in Crystal Aire Drive, Due to the configuration of the crossing, the Contractor could not protect the waterline, as shown in the plans. Instead they had to encase the sewer, which resulted in additional work. The work was performed on a Time & Materials basis for an additional cost of $490,19. !5. The valve configuration shown on the Contract Documents for the tie-in at Skyline Drive was not the best configuration for future operation, The Contractor performed a no-cost change to improve the configuration, t>. During construction, the Contractor discovered an improper tie-in of a neighbor's yard drain to the District's abandoned tank drain pipe, To rectify the problem, District staff instructed the Contractor (with authorization from the neighbor) to sever the connection and redirect the yard drain to a new drywell that the Contractor installed, The additional work to sever the connection, re-direct the drain and install the drywell was performed on a Lump Sum basis for an additional cost of $1 ,562.46. 7, Due to a miscommunication between District staff, the Contractor was required to disinfect and test the new tank inlet/outlet pipe twice, The additional work to disinfect the tank inlet/outlet pipe the second time was performed on a Lump Sum basis for an additional cost of $400,00. 8. The Contract Documents indicated that the District would provide a survey of the tank center for the Contractor to use to locate the new foundation, Due to time constraints, the Contractor obtained the survey himself, at the District's direction. The additional work to perform the survey was done on a Lump Sum basis for an additional cost of $300,00. 9. Due to time constraints coordinating with the tank fabricator to provide cast-in-place bolts to the Contractor, the District opted to eliminate the bolts from the Contract scope of work, [Instead epoxy bolts have been added to the tank builder's contract.] The elimination of cast-in-place bolts from the Contract has resulted in a Lump Sum credit to the District in the amount <$500,00>. 10, Due to delays in the erection of the tank, which is under a separate Contract beyond the Contractor's control, the Contractor could not return to the site to finish stabilization and cleanup within the Contract Time, Staff recommends that the Contract Time be extended by twenty-one days (to October 21,2008) to account for these delays, There is no cost impact associated with this time extension, 11,-13, The installation of the 6", 8" and 18" pipe were performed on a Cost per Linear Foot basis, Accordingly, the quantities installed vary somewhat from the quantities bid, Three items of the change order address changes to the Contract Total based on the installed quantities, The net difference to the Contract Total based on these three items is $1,386,26, -20- Julie Ryan November 6, 2008 Page 3 As the Board is aware, this project was split between two contractors, and the Board approved both bids, Hangtown General Engineering performed the sitework and waterline replacement, including demolition of the old tank and construction of the new foundation, Crosno Construction is building the new Country Club Tank and re-coating Forest Mountain Tank. Hangtown's work, which is the subject of this agenda item, is complete and on budget. Crosno's bid included costs for both interior and exterior recoating of Forest Mountain Tank, even though the project description only called for exterior recoating (due to damage by the 2007 Angora Fire). Further inspection of Forest Mountain Tank showed that the interior coating was in poor condition, and staff elected to move forward with this portion of the work, Recoating the interior of Forest Mountain Tank is an unbudgeted activity, and is beyond the amount budgeted for recoating the exterior of Forest Mountain Tank (which is covered by our insurance). The cost for this un budgeted activity will be accounted for in one of two ways: (1) it will be absorbed into the 2008/09 budget by savings in other projects or (2) it will be applied to use and contingencies at the end of the fiscal year, SCHEDULE: As soon as possible COSTS: $1,488.82 ACCOUNT NO: 2029-7063/CLUBTK & 2029-8995/FMCOAT BUDGETED AMOUNT REMAINING: <$110,058> ATTACHMENTS: Change Order NO.1 CONCURRENce WITH REQUESTED ACTION: GENeRAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES~ NO -21- CATEGORY: Sewer South Tahoe Richard Solbr'ig, General Manager Public Utility District Board Members Ernie Claudio James R, Jones Mary Lou Mosbacher Dale Rise Eric Schafer' Fax Cover Sheet Date: Wed" November 5 To: Board Members From: Kathy Sharp Total Number of Pages: 4 Subject: Consent Item d, Hello - Heidi noticed an error in her change order for Hangtown General Engineering, This is the corrected version, (I think the first one was off by just 37 cents,) South Tahoe Public Utility District · 1275 Meadow Crest Drive, South Lake Tahoe. CA 96150 Phone 530,544,6474. Facsimile 530,541,0614. www.stpud.us " CHANGE ORDER NUMBER J..(Rev,1) Project Country Club Tank and Waterline Replacement - Sitework Contractor HANGTOWN GENERAL ENGINEERING Date: November 6. 2008 PO # P20294 The Contract Shall Be Changed As Follows: A. Amend Bid Item 12, to include labor, equipment, materials and subcontractor costs necessary to construct the tie-in at the junction of the 4" and 6" pipelines, The net difference in cost for this item is $1,423,27 as detailed in the Change Order Ref: Construction Memo #1 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memo #1, dated June 6, 2008, TOTAL FOR ITEM A IS $1,423.27 TOTAL FOR CHANGE ORDER #1 IS A + B + C + D + E + F + G + H + I + J + K + L + M = $1,488.82. OollarAmQunts CQntract Time Original Contract $ 195,749.43 121 Previous Chanae Orders $ 0 0 Current Contract $ 195,749.43. 121 THIS CHANGE ORDER $ 1,488.82 21 New Contract Total $ 197,238.25 142 CQntractQr agrees tQ make the herein-described changes in accQrdance with the terms hereQf. The change in CQntract price and/Qr CQntract time nQted is full settlement for costs incurred as a result of the change(s) described, unless specifically noted in individual description(s), Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By 1 ~ I >.'1 " B, Add Bid Item 13 to include all labor, equipment, materials and subcontractor costs necessary to install 1 08 feet of 2" poly waterline, Amend Bid Item 12A, reducing the quantity of 4" waterline from 270 linear feet to 100 linear feet. The total cost for Bid Item 13 is $5,646.24, The amended cost for Bid Item 12A is $5,688,00, The net difference in the Contract Total for Item B is <$4,023,36> as detailed in Change Order Ref: Construction Memo #2 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #2, dated June 6, 2008, TOTAL FOR ITEM B IS <$4,023.36> C, Amend Bid Item 2 to include all labor equipment, materials and subcontractor costs necessary to install temporary chainlink fencing at the project site, The net difference in cost for this item is $450,00 as detailed in Change Order Ref: Construction Memo #3 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #3. dated June 25, 2008, TOTAL FOR ITEM C IS $450.00 D, Add Bid Item 14 to include all labor, equipment, materials and subcontractor costs associated with encasing the 6" sewer line, The net difference in cost for this item is $490,19 as detailed in Change Order Ref: Construction Memo #4 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #4, dated June 27,2008. TOTAL FOR ITEM 0 IS $490.19 E. Amend Bid Item 7 to include all labor, equipment, materials and subcontractor costs associated with reconfiguring the valve cluster and tie-in configuration at Skyline Drive, This is a no-cost change, with a net difference in cost for this item of $0 as detailed in Change Order Ref: Construction Memo #5 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #5, dated June 27, 2008, This item does not address any impacts to Contract Time or intermediate deadlines resulting from this change in work, TOTAL FOR ITEM E IS $0.00 F. Amend Bid Item 11 to include all labor, equipment, materials and subcontractor costs associated with installing an additional drywell at 1740 Crystal Aire Drive, The net difference in cost for this item is $1,562.46 as detailed in Change Order Ref: Construction Memo #6 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #6, dated July 9, 2008, TOTAL FOR ITEM F IS $1,562.46 G, Add Bid Item 14 to include all labor, equipment, materials and subcontractor costs associated with performing a second disinfection of the 8" tank inlet/outlet pipe, The net difference in cost for this item is $400,00 as detailed in Change Order Ref: Construction Memo #7 (attached), This item addresses in full the additional cost for the work requested by the District in the Construction Memorandum #7, dated July 17, 2008, TOTAL FOR ITEM G IS $400.00 H. Amend Bid Item 5 to include all labor, equipment, materials and subcontractor costs associated with surveying the center of the tank, The net difference in cost for this item 2 tj " is $300,00 as detailed in Change Order Ref: Construction Memo #8 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #8, dated July 23, 2008, TOTAL FOR ITEM H IS $300.00 I, Amend Bid Item 5 to include a credit for all labor, equipment, materials and subcontractor costs associated with installing cast-in-place bolts in the concrete tank foundation, The net difference in cost for this item is <$500,00> as detailed in Change Order Ref: Construction Memo #9 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #9, dated August 6, 2008, TOTAL FOR ITEM 115 <$500.00> J, Change the Contract Time, identified in Section 007200, Part 2.04, of the Contract Specifications from one-hundred twenty one (121) days to one-hundred forty-two (142) days to account for delays in completing the erection of the tank (being performed under separate Contract), This is a no-cost change, with a net difference in cost for this item of $0, TOTAL FOR ITEM J IS $0.00 K. Amend Bid Item 6 to include all labor, equipment, materials and subcontractor costs associated with increasing the quantity of 8" pipe from 175 feet to 195 feet. This change reflects the total footage of 8" pipe installed, The net difference in cost for this item is $1,993.40, TOTAL FOR ITEM K IS $1,993.40 L. Amend Bid Item 7 to include all labor, equipment, materials and subcontractor costs associated with decreasing the quantity of 6" pipe from 450 feet to 442 feet. This change reflects the total footage of 6" pipe installed, The net difference in cost for this item is <$355,60,> TOTAL FOR ITEM L IS < $355.60 > M, Amend Bid Item 8 to include all labor, equipment, materials and subcontractor costs associated with decreasing the quantity of 18" pipe from 150 feet to 148 feet. This change reflects the total footage of 18" pipe installed, The net difference in cost for this item is <$251.54,> TOTAL FOR ITEM M IS < $251.54> TOTAL FOR CHANGE ORDER #115 A + B + C + D + E + F + G + H + I + J + K + L + M = $1,488.82. 3 CHANGE ORDER NUMBER 1 Project Country Club Tank and Waterline Replacement- Sitework Contractor HANGTOWN GENERAL ENGINEERING Date: November 6.2008 PO # P20294 The Contract Shall Be Changed As Follows: A. Amend Bid Item 12, to include labor, equipment, materials and subcontractor costs necessary to construct the tie-in at the junction of the 4" and 6" pipelines. The net difference in cost for this item is $1,423,27 as detailed in the Change Order Ref: Construction Memo #1 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memo #1, dated June 6, 2008, TOTAL FOR ITEM A IS $1,423.27 TOTAL FOR CHANGE ORDER #1 IS A + B + C + D + E + F + G + H + I + J + K + L + M = $1,488.82. i"" \r:)O'Uar:~ffi~~nt$<" , $ 195,749.80 $ 0 $ 195,749.80 $ 1,488.82 $ 197,238.62 , ,\. ContracVmin 121 o 121 21 142 Ori inal Contract Previous Chan e Orders Current Contract THIS CHANGE ORDER New Contract Total Contractor agrees to make the herein-described changes In accordance with the terms hereof. The change in contract price and/or contract time noted is full settlement for costs Incurred as a result of the change(s} described, unless specifically noted In individual descrlption(s}. Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By -23- 8, Add Bid Item 13 to i'nclude all labor, equipment, materials and subcontractor costs necessary to install 108 feet of 2" poly waterline, Amend Bid Item 12A, reducing the quantity of 4" waterline from 270 linear feet to 100 linear feet. The total cost for Bid Item 13 is $5,646,24, The amended cost for Bid Item 12A is $5,688,00, The net difference in the Contract Total for Item B is <$4,023.36> as detailed in Change Order Ref: Construction Memo #2 (attached). This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #2, dated June 6, 2008, TOTAL FOR ITEM B IS <$4,023.36> C. Amend Bid Item 2 to include all labor equipment, materials and subcontractor costs necessary to install temporary chainlink fencing at the project site, The net difference in cost for this item is $450.00 as detailed in Change Order Ref: Construction Memo #3 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #3, dated June 25, 2008. TOTAL FOR ITEM C IS $450.00 D, Add Bid Item 14 to include all labor, equipment, materials and subcontractor costs associated with encasing the 6" sewer line, The net difference in cost for this item is $490,19 as detailed in Change Order Ref: Construction Memo #4 (attached). This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #4, dated June 27, 2008. TOTAL FOR ITEM 0 IS $490.19 E, Amend Bid Item 7 to include all labor, equipment, materials and subcontractor costs associated with reconfiguring the valve cluster and tie-in configuration at Skyline Drive. This is a no-cost change, with a net difference in cost for this item of $0 as detailed in Change Order Ref: Construction Memo #5 (attached). This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #5, dated June 27, 2008, This item does not address any impacts to Contract Time or intermediate deadlines resulting from this change in work, TOTAL FOR ITEM E IS $0.00 F. Amend Bid Item 11 to include all labor, equipment, materials and subcontractor costs associated with installing an additional drywell at 1740 Crystal Aire Drive, The net difference in cost for this item is $1,562.46 as detailed in Change Order Ref: Construction Memo #6 (attached), This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #6, dated July 9, 2008, TOTAL FOR ITEM F IS $1,562.46 G, Add Bid Item 14 to include all labor, equipment, materials and subcontractor costs associated with performing a second disinfection of the 8" tank inleUoutlet pipe, The net difference in cost for this item is $400,00 as detailed in Change Order Ref: Construction Memo #7 (attached), This item addresses in full the additional cost for the work requested by the District in the Construction Memorandum #7, dated July 17, 2008, TOTAL FOR ITEM G IS $400.00 H. Amend Bid Item 5 to include all labor, equipment, materials and subcontractor costs associated with surveying the center of the tank, The net difference in cost for this item -24- 2 is $300,00 as detailed in Change Order Ref: Construction Memo #8 (attached). This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #8, dated July 23, 2008, TOTAL FOR ITEM H IS $300.00 I. Amend Bid Item 5 to include a credit for aI/labor, equipment, materials and subcontractor costs associated with installing cast-in-place bolts in the concrete tank foundation, The net difference in cost for this item is <$500,00> as detailed in Change Order Ref: Construction Memo #9 (attached). This item addresses in full the additional cost for the work requested by the District in Construction Memorandum #9, dated August 6, 2008, TOTAL FOR ITEM 115 <$500.00> J, Change the Contract Time, identified in Section 007200, Part 2,04, of the Contract Specifications from one-hundred twenty one (121) days to one-hundred forty-two (142) days to account for delays in completing the erection of the tank (being performed under separate Contract), This is a no-cost change, with a net difference in cost for this item of $0, TOTAL FOR ITEM J IS $0.00 K. Amend Bid Item 6 to include all labor, equipment, materials and subcontractor costs associated with increasing the quantity of 8" pipe from 175 feet to 195 feet. This change reflects the total footage of 8" pipe installed, The net difference in cost for this item is $1,993.40, TOTAL FOR ITEM K IS $1,993.40 L. Amend Bid Item 7 to include aI/labor, equipment, materials and subcontractor costs associated with decreasing the quantity of 6" pipe from 450 feet to 442 feet. This change reflects the total footage of 6" pipe instal/ed, The net difference in cost for this item is <$355.60,> TOTAL FOR ITEM L IS <$355.60> M, Amend Bid Item 8 to include aI/labor, equipment, materials and subcontractor costs associated with decreasing the quantity of 18" pipe from 150 feet to 148 feet. This change reflects the total footage of 18" pipe instal/ed, The net difference in cost for this item is <$251,54,> TOTAL FOR ITEM M IS <$251.54> TOTAL FOR CHANGE ORDER #115 A + B + C + D + E + F + G + H + I + J + K + L + M = $1,488.82. -25- 3 Gen/lNlI Malt~ Richard H. Sofl1titj South Tahoe Public Utility District DintC'ton; Ende Clatullo Jame& ~, J()~ Mary Lou MoebJlCher Dale RI6e 1275 Meadow Cr8&t Drive · South Lake Tahoe. CA 96160 Phone 550 544-0474 · Fsx530 541..0014 BOARD AGENDA ITEM 4e TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: November 6, 2008 ITEM - PROJECT NAME: 2008 AI Tahoe Waterline Replacement REQUESTED BOARD ACTION: Approve Change Order No.2 to Cruz Excavating in the amount of $64,890. DISCUSSION: This change order applies to the additional waterline replacement work on Capistrano Ave, from Sacramento to Oakland, The work includes installation of 390 feet of 8-inch waterline with related water service connections, interties, abandonments, and pavement replacement. The total amount for this additional work is $64,890, SCHEDULE: All waterline components are now in service. COSTS: $64,890 ACCOUNT NO: 2029-8811/ATWL08 BUDGETED AMOUNT REMAINING: $37,3182008/09 ATTACHMENTS: Change Order NO.2. CONCURRENCE WITH REQUeSTeD ACYl GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES CATEGORY: Water NO NO -27- CHANGE ORDER NUMBER 2 Project 2008 AI Tahoe Waterline Replacement Contractor Cruz Excavating, Inc. Date November 6, 2008 PO # P20152 The Contract Shall Be Changed As Follows: A. Provide all material, equipment and labor to install 390 feet of 8-inch waterline and related services, meters, valve assembly, abandonment, and 3" pavement restoration on Capistrano from Sacramento Avenue to Oakland Avenue for the unit prices listed in Attachment A and not to exceed price of $64,890.00. TOTAL FOR ITEM A: $64,890.00 TOTAL FOR CHANGE ORDER #2, IS $64,890.00 Ori inal Contract Previous Chan e Orders Current Contract THIS CHANGE ORDER New Contract Total .,1": $1,638,315.00 $ 534,988.00 $2,173,303.00 $ 64,890.00 $2,238,193.00 Contractor agrees to make the herein-described changes in accordance with the terms hereof. The change in contract price and/or contract time noted is full settlement for costs incurred as a result of the change(s) described, unless specifically noted in individual description(s). Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By -29- 1 ATTACHMENT A Change Order No.2 CONSTRUCTION OF 2008 AL TAHOE WATERLINE REPLACEMENT PROJECT FOR SOUTH LAKE TAHOE PUBLIC UTILITY DISTRICT (Additional Block on Capistrano Avenue) Item Description Approx. Unit Amou nt No. Quantity Price 1 Provide and install 3" thick 2,500 SF $6.00 $15,000.00 trench pavement restora- tion, complete and in place for the square foot price of dollars and cents. 2 Provide and install 8" PVC 270 LF $45.00 $12,150.00 C900 (DR 18) Waterline complete and in place for linear foot price of 3 Provide and install 8" PVC 120 LF $47.00 $5,640.00 C900 (DR14) Waterline complete and in place for linear foot price of dollars and cents. Items 4-6 shall be for transfer of water service connections to the new water main and/or installation of water meters, per the standard Detail Drawings, including new valve boxes and covers, meters, tapping saddles, piping fittings, new corp stops, new curb stops, tracer wire, excavation (including trenchless method), bedding, backfill, compaction and testing, abandoning existing services, complete and in place for: 4 Provide and install %" single 8 EA $1,475.00 $11,800.00 water service each for the price of dollars and cents. 5 Provide and install 1" single 2 EA $1,550.00 $3,100.00 water service each for the price of dollars and cents. -30- 1 6 Provide and install 1" water 2 EA $1,850.00 $3,700.00 meter each for the price of dollars and cents. Items 7 and 8 shall be for valve assembly installation on new 8" water main including providing and installing all valves, tees, crosses, fittings, new pipe, new valve boxes and covers, riser pipes, tracer wire, listed per the standard Details on the Contractor Drawings, excavation, bedding, backfill (including sand slurry), compaction, materials, appurtenances and testin ,complete and in place at: 7 Station 15+25 valve LS $12,500.00 $12,500.00 assembly complete and in place for the lump sum price of dollars and cents. 8 Cut, cap and abandon 1 EA $1,000.00 $1,000.00 existing water mains complete and in place each for the price of dollars and cents. Total CHANGE ORDER NO.2 $64,890.00 CHANGE ORDER NO.2 Cruz Excavating, Inc. 2008 AI Tahoe Waterline Replacement Project. ATTACHMENT A -31- 2 South Tahoe Public Utility District General Man.,. RIchard H. Soli>rfg Director\; Ernie Claudio James. R. JOMe Mary Lou ~JIlCher DD~ ric 1275 M8.&telow Creet Drive · South Lake Tahoe · CA 96150 Phone 5:30 544-6474 · Fax 500 541..0014 BOARD AGENDA ITEM 4f TO: Board of Directors FROM: Dennis Cocking, District Information Officer MEETING DATE: November 6, 2008 ITEM - PROJECT NAME: Association of California Water Agencies (ACWA) 2009 Annual Membership Dues REQUESTED BOARD ACTION: Approve payment to ACW A in the amount of $16,475. DISCUSSION: The District has been an active member of ACWA since 1989, and derives significant benefits from membership including regulatory issue management, state and federal legislative advocacy, and Board and staff training opportunities. ACW A has recently adopted a new Strategic and Business Plan that will raise annual dues to $16,475 annually (from $15,090 last year). Staff is convinced the changes the Strategic and Business Plan will bring will be beneficial to the District. SCHEDULE: COSTS: $16,475 ACCOUNT NO: 2019-6250 BUDGETED AMOUNT REMAINING: $17,224 ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES CATEGORY: Water NO NO -33- ;;... v Leadership Advocacy Information Since 7910 -16#s .e-z:- ~ /:-: :; // ACWA Association of California Water Agencies October 6, 2008 Mr. Richard Sol brig General Manager South Tahoe PUD 1275 Meadow Crest Dr S Lake Tahoe, CA 96150 Dear Mr. Solbrig: It is widely recognized that California water agencies are facing the most serious water crisis in history. If you believe that crisis creates opportunity, I'm sure you'll agree the biggest opportunity of our time is knocking at the door. ACW A's Board of Directors made a historic decision on Sept. 26, 2008, to seize that opportunity and deliver unprecedented leadership and service to the water community. The Board overwhelmingly approved a Strategic and Business Plan that equips ACW A to provide game- changing leadership and also adds new levels of accountability to ensure ACW A's actions are tied to the Board's policy goals. The Strategic and Business plan builds on the strong foundation of ACW A's 2005 water policy document, ''No Time to Waste: A Blueprint for California Water," and commits ACW A to decisive action in two key areas. The first area is providing historic leadership in the Delta, recognizing that ACW A alone is positioned to unite water agencies like never before around a comprehensive water plan. The second key area is taking member assistance and support to new levels - especially in areas such as fending off raids on local revenues, protecting water rights and securing funding for local resources ~ Taking advantage of these historic opportunities requires some investment on the part of ACW A members. The Board agrees, and overwhelmingly approved the plan and the financial commitments to implement it. Steps have been taken to minimize the impact on dues, but there will be some effects, ranging from a few hundred dollars a year for small agencies to a few thousand dollars a year for larger agencies. As one Board member put it, the impact is similar to the cost of a new laptop or a new 12-inch valve. ACW A will be mailing your 2009 dues invoices mid October. Invoices are being mailed earlier than normal to allow adequate time to build the plan into your 2009 budget. Association of California Water Agencies 910 K Street, Suite 100, Sacramento, California 95814-3577 916/441-4545 FAX 916/325-4849 Hall of the States 400 N. Capitol St., N.W., Suite 357 S~ Washington, D.C. 20001-1512 2021434-4760 FAX 202/434-4763 We are indeed facing extraordinary times as well as exciting opportunities. It's time to step up and make sure ACW A is positioned to make a difference. Thank you for your continued support as we seize the moment as an association. Sincerely, ACW A President ~elle~ ACW A Vice President Ll~~~ GP-PKlpdc Enclosure -36- III INVOICE III - ASSOCIATION OF CALIFORNIA WATER AGENCIES PO BOX 2408 SACRAMENTO, CA 95812-2408 (916) 441-4545 FAX (916) 325-4849 10110/08 Federal Identification Number: 94-6003910 14796 South Tahoe PUD Carolyn The1sen/Accta Payable 1276 Meadow Crest Dr S Lake Tahoe, CA 96150-7400 . <~'. AG09 2009 AQency Dues 16,475.00 ------------ 16,475.00 LESS PAYMENTS AMOUNT DUE 16,475.00 * MEMBERSHIP DUES * MEMBERSHIP DUES * MEMBERSHIP DUES * Annual membersh1p dues include $50 for each one-year subscript10n to ACWA News (Quantit1es based on membersh1p type). -37- 1"'11~Tnut:1) I"'nov Associ~tioll of California Water Agencies :r 2009 ~embershlp Dues Calculation 10 Number: 14796 Date: October 08, 2008 Name: South Tahoe PUD (1) Operating Expenses $25,049,332 (2) All Other Expenses $0 (3) Total Expenses $25,049,3321 <<< LESS >>> (4) Purchased Power $0 (5) Water Purchases $0 (6) Groundwater Replenishment $0 (7) Depreciation $6,324,125 (8) Fixed Assets $0 (9) Total Adjusted Expenses $18,725,207/ <<< LESS >>> (10) Pumping $0 (11) Total Expenses Adjusted For Pumping I $18,725,2071 (12) Line 11 times 2 $37,450,414 (13) Dues O&M (lessor of lines 9 or 12) $18,725,2071 DUES AMOUNT ttU THIS IS NOT A BILL - PLEASE DO NOT PA Y FROM THIS WORKSHEET ttU Prior Year Adjusted O&M Amount: $16,727,144 -38- SOUTH TAHOE PUBLIC UTILITY DISTRICT HBasic Services for a Complex WorldH Richard Solbri , General Mana er Mary Lou Mosbacher, President BOARD MEMBERS Paul Sciuto, Assistant Mana er Dale Rise, Vice President James R. Jones, Director Eric W. Schafer, Director Ernie Claudio, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT OCTOBER 16, 2008 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, October 16, 2008, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: President Mosbacher, Directors Rise, Jones, Claudio, Schafer ATTENDEES STAFF: Solbrig, Sharp, Sciuto, Hughes, Bird, Hussmann, Brown, Coyner, Bergsohn, Curtis, Thiel, Swain, Van Gorden, B. Cuevas, R. Johnson, C. Stanley, Rasmussen, Henderson, Attorney Herrema Guests: John Runnels/Citizens Alliance, Georg Krammer and Alyssa Uchimuura/Koff & Associates, Cathy Monagahan/EI Dorado County Water Agency John Runnels wish President Mosbacher a happy 80th birthday. COMMENTS FROM THE AUDIENCE Randy Curtis led the pledge to the flag. PLEDGE OF ALLEGIANCE CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Staff requested Consent Item 4.c. (Indian Creek Reservoir TMDL Mitigation Pump Cable) be removed from the agenda because a less expensive alternative was found. -39- REGULAR BOARD MEETING MINUTES - OCTOBER 16, 2008 PAGE-2 Moved Schafer / Second Rise / Passed Unanimously to approve the Consent Calendar as amended: CONSENT CALENDAR a. Identity Theft Prevention Program - (1) Adopted proposed program in response to, and in compliance with, the Fair and Accurate Credit Transaction Act of 2003; and (2) Enacted Ordinance No. 511-08 adding Section 2. 1 0 to Division 2 of the Administrative Code regarding the Identify Theft Prevention Program; b. Angora Tank Replacement and Access Road - Extended contract with Hauge Brueck Associates for consulting services, in the amount of $16,640, for a total amount not to exceed $29,660; c. Item removed; d. Indian Creek Reservoir Oxygenation - Authorized execution of the Utility Line Extension Agreement No. 08-39009-5-57 for electric service to the Indian Creek Reservoir oxygenation system, (Alpine County, CA), between Sierra Pacific Power Company and the District for $14,790; e. Indian Creek Reservoir Oxygenation - (1) Approved Change Order No.1 to Hobbs Electric, in the amount of $11,352.73; and (2) Added 48 calendar days to the total contract time; f. Alpine County Annual Impact/Mitigation/Compensation- Authorized payment of District's annual mitigation fee to Alpine County in the amount of $115,700; g. Lynn Nolan, Grant Coordinator, Employment Contract - Terminated employment contract and added limited term union employee; h. Restatement of the South Tahoe Public Utility District Deferred Compensation Plan and Trust (Plan) - Adopted Resolution No. 2853-08 adding Paul Hughes, Chief Financial Officer, and removing Rhonda McFarlane, previous Chief Financial Officer, from the Plan Trustee signature list; I. Approved Regular Board Meeting Minutes: September 18, 2008; j. Approved Regular Board Meeting Minutes: October 2, 2008. Georg Krammer, Koff & Associates, explained the processes and variables considered when developing the final recommendations for the management salary survey, including: data collection, benchmark -40- PRESENTATION: MANAGERS COMPENSATION STUDY, KOFF & ASSOCIA TES REGULAR BOARD MEETING MINUTES - OCTOBER 16, 2008 PAGE-3 classifications, criteria for selection of comparative agencies, and internal relationships. Richard Sol brig explained the study was a tool to aid in negotiating a new management MOU. PRESENTATION: MANAGERS COMPENSATION STUDY, KOFF & ASSOCIA TES (continued) ITEMS FOR BOARD ACTION Ivo Bergsohn reported the District solicited proposals from four consultants to conduct a monitoring well installation program to collect water quality data related to the use of reclaimed water on the Diamond Valley Ranch. Based on the results of staffs evaluation of each firm, Farr West Engineering was recommended to conduct the work in accordance with their proposal, and also recommended a cost ceiling of $60,000 be set for this work. Moved Schafer / Second Claudio / Passed Unanimously to approve proposal received from Farr West Engineering, with a cost ceiling of $60,000. Ross Johnson reported one of the operators plans to retire in May 2009. He requested hiring an operator now to allow time for the new person to develop the proficiency necessary to independently handle routine operations by training for six months in advance of the anticipated vacancy. Moved Jones / Second Claudio / Passed Unanimously to approve hiring an Operator 111I1 six months in advance of an anticipated opening. Ross Johnson reported that attempts to fill this position for a limited term were unsuccessful. The electrical department has been running without one of their four employees for six months and it is unknown when the department will be fully staffed. Preventative maintenance projects have slipped and many in-house type of improve- ments have had to be outsourced. Authorization for this position will allow the department to keep up with the current workload. The department will return to four-person staffing level through attrition. Moved Claudio / Second Schafer / Passed Unanimously to authorize hiring a full time permanent. Electrician 1/11 with the Electrical Department to return to four person staff through attrition. -41- DIAMOND VALLEY RANCH TEMPORARY CONTAINMENT BASIN OPERATIONS DEPARTMENT HIRE ELECTRICAL INSTRUMENTATION/ TECHNICIAN 111I REGULAR BOARD MEETING MINUTES - OCTOBER 16, 2008 PAGE - 4 John Thiel reported in compliance with CEQA, staff and consultants completed an environmental review of the project and found it would have no significant impacts. Moved Jones / Second Rise / Passed Unanimously to: (1) Approve the initial study and the determination of no significant effect on the environment; (2) Authorize the preparation of a Notice of Intent to Adopt a Negative Declaration with submittal to the State Clearinghouse; and (3) Publish a notice in the Tahoe Tribune with provisions for a public hearing. Moved Schafer / Second Claudio / Passed Unanimously to approve payment in the amount of $978,594.10. Water and Wastewater Operations Committee: The committee met October 13. Minutes of the meeting are available upon request. Most of the meeting was devoted to Complete Wireless, a company interested in leasing a site for their tower. City of South Lake Tahoe Issues Ad Hoc Committee: Richard Solbrig reported a meeting with City represen- tatives will be held October 23. Staff will discuss the Lahontan NPDES requirements. Solbrig will meet separately with the City Manager and request that an ad hoc committee meeting be held (comprised of two District Board members, and two City council members) to discuss several other issues. Manaqement Neqotiations Ad Hoc Committee: The committee met October 13 to discuss the Koff salary study. Director Jones reported the water agency is part of a regional river management organization called CABBY. The District's property tax money that was shifted to the water agency is being used to pay part of the $90,000 membership fee and there is no benefit whatsoever to the District from their membership. Director Jones voiced his concerns and the water agency board agreed to review the effectiveness of CABBY. A lot of money has been spent to date, but no grants have ever been received. The group has spent over $300,000 per year, and will have spent approximately $1 M by year end. Plus, they hired three full time staff, who now wish to receive medical insurance and CaIPERS. The next water agency meeting will be held November 12. -42- TWIN PEAKS BOOSTER STATION AND WATERLINE REPLACEMENT PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT REGULAR BOARD MEETING MINUTES - OCTOBER 16, 2008 PAGE - 5 Director Claudio reported he is impressed with California BOARD MEMBER REPORTS Forward, and encouraged the Board to consider endorsing the group after the November elections. Director Mosbacher thanked staff for arranging a District- wide gathering to honor her 80th birthday. General Manaqer: Richard Solbrig reported on two items: GENERAL MANAGER REPORTS 1) Integrated Regional Water Management Plan -It is possible that a bond will be issued under the Proposition 50 guidelines, which would be good news since grant applications can be submitted without a significant rewrite of the plan. 2) He read a letter from an appreciative customer who participated in the turf buy-back program and complimented Shelly Barnes on her professionalism. Assistant General Manaqer / Enqineer: Paul Sciuto STAFF REPORTS reported that Heavenly has requested a significant amount of additional water to be used for snowmaking. Hydraulic modeling is being done to determine the amount that can be provided from Pioneer Trail to Ski Run Blvd. Heavenly will also make improvements to their own water supplies to help meet their demand. 3:25 P.M. ADJOURNMENT TO CLOSED SESSION 3:30 P.M. RECONVENED TO OPEN SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. EI Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, U.S. District Court for the Eastern District of Ca. 3:30 P.M. ADJOURNMENT Mary Lou Mosbacher, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District-43- Gener..1 Ma~ RIchard H. 5ol~ South Tahoe Public Utility District D!rcctQn;; Emle Claudio Jame& It JOI1e& Mary Lou MoatJ..ach<<- Da'e~ ~ 1216 M8.&telow Cre5t Drive · South Lake Tahoe · CA 96'50 Phone 5:30 544--6474 · Fsx 550 64-1-0614 BOARD AGENDA ITEM 6a TO: Board of Directors FROM: Paul A. Sciuto, Assistant General Manager/Engineer MEETING DATE: November 6, 2008 ITEM - PROJECT NAME: Water Facility Agreement with Heavenly Valley, Limited Partnership REQUESTED BOARD ACTION: (1) Authorize execution of a Water Facility Agreement with Heavenly Valley; and (2) Allow staff to negotiate minor changes to the attached draft agreement. DISCUSSION: Heavenly Valley is looking to increase the quantity and improve the reliability of water that the District supplies to Heavenly for snowmaking in both the States of California and Nevada. This agreement will provide a framework for the planning, design and construction of facilities through which the District can deliver increased water supplies to Heavenly for snowmaking operations in the States of California and Nevada, including the development of the terms and conditions for supplying such water. In addition, the agreement defines reimbursement provisions for District incurred costs and expenses related to this Agreement, the Facilities, the Other Facilities and developing a rate and/or agreement for water service for snowmaking. SCHEDULE: COSTS: No cost ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Draft Water Facility Agreement CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES----f-1-- NO CATEGORY: Water -45- WATER FACILITY AGREEMENT This Water Facility Agreement ("Agreement") is made by and between the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public Utility District Act ("District"), and Heavenly Valley Limited Partnership, a Nevada limited partnership, by and through its general partner, VR Heavenly I, Inc., a Colorado corporation ("Heavenly") (collectively "Parties") on this _ day of l1'!ove!1!ber ~9Q~,_a_t .89\jtll Lak.e)~ah5l~~ 9111i(0!J!ill'_ ~~ !~f~r:e.nce !o. th.e J()U()~n.K f~(;t.!l_ _ _ .' - { Deleted: October and intentions: A. The District owns and operates a water treatment and distribution system for beneficial use by the District and its customers located within the City of South Lake Tahoe and certain portions of the County ofEI Dorado, California; B. Heavenly is a limited partnership organized and existing under the laws of the state of Nevada, and is organized for the primary purpose of operating the Heavenly Mountain Resort ski area and related activities for the general public in the United States Forest Service's Lake Tahoe Basin Management Unit near the City of South Lake Tahoe, California; C. The District has, for many years, supplied water to Heavenly for its domestic and snowmaking operations as a commercial customer of the District and pursuant to the Ski Run Tank & Pipeline Agreement, dated February 27,1984, and that certain First Amendment thereto, dated April 5, 1985, which, among other matters, links the term for water service by the District to the continued use of easements granted by Heavenly (Existing Water Supply Agreement); D. Heavenly desires to increase the quantity and improve the reliability of water that the District supplies to Heavenly for snowmaking in both the States of California and Nevada; and, E. The Parties desire to explore and provide a framework for the planning, design and construction of facilities ("Facilities") through which the District can deliver increased water supplies to Heavenly for snowmaking operations in the States of California and Nevada, including the development of the terms and conditions for supplying such water. NOW, THEREFORE, the parties agree as follows: 1. Facilities. For the purposes of this Agreement, "Facilities" are defined as those construction improvements that are needed for the water service for snowmaking by Heavenly as contemplated in this Agreement and that will be dedicated to and owned by the District. 1.1 Planning. Heavenly and the District shall work together to plan and develop a conceptual design of the Facilities needed for the District to supply Heavenly Formatted: zzmpTrailerltem Formatted: Une spadng: Exactly 10 pt Formatted: Default Paragraph Font I ;i!l48V13 vl'~7~27Qj~ , .:~ -47- 1.4 Construction Standards. The contract documents and the construction of the Facilities shall be in accordance with the District's standards and specifications. The construction of the Facilities will be in conformance with the Contract Documents, except modifications, if any, that are reviewed and approved by the District. Upon completion of construction, Heavenly will furnish the District with one (I) complete set of duplicate originals" !~o mc_op!e~ _of !lPproved as-built ~~ntract docu11!en.!S. ()( f!1~ . _ _ _ _ .' _ - { Deleted: and Facilities and one (I) electronic version of the approved as-built contract documents of the Facilities. with water for snowmaking operations in such quantities as desired by Heavenly while complying with the District's requirements for such facilities,. T!I~ .Ri~trict'~ !lPIJroy~l_o( the conceptual design of the Facilities shall be required prior to Heavenly proceeding with the preparation of the final design and the construction documents for the Facilities, which approval by the District shall not be unreasonably withheld. 1.2 Design. Heavenly shall retain the services of an engineering consultant!~ __ . prepare the final design and construction documents for the Facilities. Heavenly shall work together with the District to allow the District to periodically review, comment and coordinate Heavenly's preparation ofthe final design and construction documents to ensure compliance with the District's requirements for such facilities,. _11!eJ?!s!rict)_ _ approval of the final design and construction documents shall be required prior to Heavenly proceeding with construction of the Facilities. . _ _ _ _ _ _ _ _ _ _ _ _ _ 1.3 Construction. Heavenly shall retain the services of a contracto~ to construct the Facilities. The Facilities shall include all water transmission facilities necessary to provide the mutuaUy agreed water service to Heavenly for snowmaking, including, but not limited to, water mains, pipelines, booster stations, storage tanks, valves, and other appurtenances as shown on the contract documents and approved by the District. 1.5 Permits. Heavenly shall design and construct the Facilities in compliance with aU local, state and federal laws, regulations and orders. Heavenly, at its sole cost and expense, will obtain all permits and approvals from such governmental agencies having jurisdiction as necessary for performance of the activities related to this Agreement prior to construction. The District will support the issuance of such permits and approvals and will provide supporting materials and testimony if necessary. Heavenly shall provide the District with a copy of all such permits and approvals. 1.6 Environmental Analysis. The Tahoe Regional Planning Agency, the City of South Lake Tahoe, and/or EI Dorado County Department of Transportation and/or CalTrans are permitting agencies for the Facilities. Heavenly agrees to comply with all applicable environmental laws, including, but not limited to, the California Environmental Quality Act, and to submit copies of all environmental documents related to the Facilities to the District as they are finalized. I 25998 .'>t! ~Vl3 vl'007621 OJ~J.. 2 -48- ] { Deleted: main extensions Deleted: . whicb i> reasonably acceptable to the District, .' - ~: main extensions Deletecl: For PllfPO""s of this Agreement. the engineering firm of ECO- Logic sball be deemed acceptable to the District. Deleted: . whicb is reasonahly acceptable to the District. Deleted: and domestic uses Formatted: zzmpTrailerItem, Font: 12 pt Formatted: Line spacing: Exactly ,',' 10 pt Formatted: Default Paragraph Fo_~ ! ' ! ' / I +,' 1. 7 Encroachment Permits. The Parties anticipate that the Facilities will be constructed on easements owned by the District in public right-of-ways for which the District has a blanket encroachment from the City of South Lake Tahoe. If any portion of the Facilities will not be constructed in such easements or public right-of-ways, but instead over property(s), whether or not owned by Heavenly, Heavenly shall obtain an easement(s) over any such property(s) prior to construction of the Facilities. If the District requires access to said easements for inspections or maintenance as part of the District's water service, said easements will also be obtained on behalf .JlfQ1~ Ri!,~_c!. _ _ When easements need to be sought on_b~!u!lf~! ~h.eJ?i~tric.t,_ t!t~ g~l!ll! ?! !4.e. e.a!'~l!l~1!t{sJ. shall be in the District's standard form and comply with the District's requirements for easement!\. _ t..!' ~\l~~ Reay~J!ly _s~l!l! !'\l~~i! ~!I.y g~~n! 9! ~l!sernen~(~t t.o_t~~ PJs.t!ic:f. ~o~ _ acceptance. The District will not accept the easement(s) until all of the requirements of this Agreement have been satisfied. Heavenly shall provide the District with documentation to verify the existence of such public right-of-way(s) or, in the alternative, easements, all as detennined to the sole satisfaction of the District, prior to the commencement of construction. 1.8 Insurance. Prior to the commencement of construction, Heavenly shall cause its Contractor to procure and/or maintain, in full force and in effect during the construction of the Facilities, the insurance required by this section. a. Workers Compensation Insurance. Insurance to protect the Contractor and its subcontractors from all claims under California Workers Compensation and Employer's Liability Acts. including Longshoreman's and Harbor Workers Act. Such coverage shall be maintained, in the type and amount, in strict compliance with all applicable State and Federal Statutes and regulations. b. Commercial General Liability Insurance. Insurance to protect against claims arising from death, bodily or personal injury or damage to property resulting from actions, failures, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance shall not be less than $2,000,000. c. Automobile Liability Insurance. Insurance to protect against claims arising from death, bodily or personal injury or damage to property resulting from actions, failures, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured. Coverage shall include all owned, non-owned and hired vehicles. The amount of insurance shall not be less than $2,000,000. d. General Provisions. The above insurance coverages shall be subject to the District's reasonable approval. For the purposes of the construction activities envisioned in this Agreement only, the Districts~a.ll be nlilII1ed as the additional insured on Heavenly's commercial general liability and automobile liability policies. The above insurance shall be primary as respects the interest of the additional insured, include a cross liability and severability of interest endorsement, a waiver of any and all I ~~~~II3VIOQ.76270J3J. _ 3 -49- -1 Deleted: . . Deleted: f Deleted: IGary. we need to see the District's standard, forml Deleted: a Fonnatted: zzmpTrallerItem, Font: 12 pt Fonnatted: Une spacing: Exactly 10 pt Fonnatted: Default Paragraph Font {' I transferable rights of recovery (subrogation) against the additional insured. In addition, the above insurance shall not limit the indemnification obligations of Heavenly pursuant to this Agreement. Heavenly shall cause its contractor to furnish the District with a copy of each policy, with the requisite endorsements, evidencing the above insurance coverages. 1.9 Guaranty. a. Heavenly guaranties that the Facilities will be constructed in accordance with the requirements of this Agreement and in a good and workmanship like manner. In the event defects in materials or workmanship in the Facilitieltbec~m~ _ _ _ _ evident within one (l) year after the date of acceptance by the District, Heavenly agrees to reimburse the District, upon demand and presentation of suppdrting documentation for repairs and replacement, the full cost and expense of any repairs or replacements made necessary by such defects. District also agrees to meet and confer with Heavenly. to the extent reasonably practicable under the then existing circumstances. before undertaking any repair or replacement of alleged defects in materials or workmanship. This guarantee expires one year following acceptance of the Facilities by the District (the "Warranty Period") of the Facilities. b. Heavenly shall be responsible for the repair and/or replacement of any backfill and paving where settlement occurs in the finished surfaces' as required by the permitting agency,. after the completion of construction. Any such repair or resurfacing which becomes necessary by reason of such settlement shall be likewise considered part of the work for construction of the Facilities, unless Heavenly shall have obtained a statement in writing from the affected private owner or public agency, as applicable, releasing the District from liability and responsibility in connection with such settlement. 1.10 Securitv.. f!tor!~ ~~f!UD_e!l~~~~l!t _of _C~~~~c!i~~!.. tIC?l!ve!1!x. ~~!l_ c~use its contractor to furnish to the District a payment bond and performance bond in an amount equal to one hundred and twenty-five percent of the total construction cost of the Facilities. Said bondt".h~ll nam~ t_h~ J~i~l!tc! ~~ l! !l!.t.~e_n~!i~i_ll!)'. _ TI.t~ pl!}'lllent a!l~ _ _ performance bonds shall be maintained in full force and effect during the construction of the Facilities and during the guaranty period for the purpose of ensuring Heavenly's contractor's construction of the Facilities. The payment and performance bonds shall be in the District's standard form for such bonds. As an alternative, Heavenly may provide the District with an irrevocable letter of credit in the same amount as required above and issued by a financial institution which is reasonabl~acceptable to the District. District shall have the right to enforce the payment and performance bonds or the letter of credit, as applicable, to ensure the Facilities are completed pursuant to this Agreement. 1.11 Notice of Completion. .Jfeavenly will cause to be recorded a Notice of Completion (NOC) for all of the Facilities. or as each portion of the Facilities are completed. The NOC shall be recorded in the manner, form and time required by Title 15 of the Civil Code of the State ofCalifomia and Heavenly shall furnish the District I 25998 05\1 48711) vI J)()7~1. qj3.l.. 4 -50- Deleted: portions of the construction project that are dedicated to the District .' . -~Ieted: within one (I) year - 1 Deleted: Guaranty ~ Deleted: will include Deleted: potential .~:e Deleted: Regarding any portion of the proposed construction activities that will be dedicated to the District, , Formatted: zzmpTrallerltem, Font: 12 pt Formatted: Line spadng: Exactly 10 pt Formatted: Default Paragraph Font .' with a conformed copy of the recorded Notice endorsed by the EI Dorado County Recorder's office. Not less than sixty (60) days or more than seventy (70) days after the recording of the Notice, Heavenly shall furnish to District evidence that no claim of lien has been recorded, or if any lien has been recorded, evidence that it has been satisfied or bonded against. 2. Other Facilities. Heavenly will be planning, designing and constructing other facilities which will be connected to the Facilities but will be owned and operated by Heavenly ("Other Facilities"). The Other Facilities that are connected to and/or located on District property or easements shall be subject to the District's review, comment and approval, which will not be unreasonably withheld, to ensure that the Other Facilities are properly designed and coordinated with the Facilities in order to meet the District's requirements pursuant to section I, above. To the extent any of the Other Facilities will be located on the District's property(s) or easements, the District and Heavenly will execute easements in favor of Heavenly for said use of District property~ 3. Dedication. After compliance with all of the above requirements, Heavenly shall execute an irrevocable offer to dedicate the Facilities, lwt not the Other Facilities, to the District on a form provided by the District. The District will then place the offer to dedicate on the District Board of Directors' meeting agenda for acceptance. The District will not accept the offer until all of the requirements of this Agreement have been satisfied. 4. Reimbursement to District. Heavenly shall reimburse the District for all prior and future costs and expenses reasonably incurred by the District related to this Agreement, the Facilities, the Other Facilities and developing a rate and/or agreement for water service for snowmaking including, but not limited to, negotiations, planning, design, construction observation, document preparation, inspection, testimony and all other costs and expenses, whether performed by the District's employees, agents, attorneys or consultants. Before undertaking or authorizing any future work under this provision, the District shall provide Heavenly with an estimate of the reimbursable costs that are expected, and provide notice to Heavenly in advance of any work being undertaken or authorized that would exceed the estimate provided to Heavenly by the District. After providing said estimate, the District shall send Heavenly montWy invoices for such costs and expenses incurred by the District in each preceding month, which shall be paid by Heavenly within thirty (30) days of the date of each invoice. The District shall provide with each invoice all necessary documentation in the form of receipts or other evidence of expenses, except legal invoices which are subiect to the attorney-client privilege,. The District sha~1 no! be obligated to accept the Facilities and/or easement(s). or continue to provide Heavenly water service for snowmaking unless and until Heavenly satisfies all of its obligations pursuant to this Agreement including, but not limited to, payment of all costs and expenses pursuant to this section. 5. Indemnitv. .Heavenly shall indemnify, defend and hold harmless the District and its directors, elected officials, officers, agents, contractors and employees, from and against any and all claims, liabilities, damages, losses, costs and expenses of any nature I ~~':~113 XI:007627 OI3J. 5 ______~f -51- Deleted: at no additional cost to Heavenly ( Deleted: i Deleted: and the provision of such dQCumenlation will be a psc-<:ondition to reimbursement by Heavenly to the District , Deleted: for a period of five (5) years following the date of acceptance by the District of the facilities, Formatted: zzmpTrailerItem, Font: 12 pt Formatted: Une spadng: Exactly 10 pt Formatted: Default Paragraph Font < ' whatsoever, including attorneys, paralegals and expert fees and costs which arise out of, relate to or result from Heavenly's and its agents', contractors' , consultants' and engineers' activities and obligations under this Agreement including, but not limited to, design, planning, permitting, construction, testing, maintenance and repair of the Facilities and Other Facilities, except to the extent of any liability, loss, cost or expense caused by the District's active negligence or willful misconduct. 6. Water Service 6.1 Terms and Conditions. In connection with the development of a conceptual plan for the Facilities, the District and Heavenly shall negotiate, in good faith, the terms and conditions for the District's provision of water service to Heavenly for snowmaking J:1S~~,_ 'Yi!i~!I ~!Il!l! ~*~ }Ilt9 _c9!1~i~~r_a!i9~_ am(mg ()t!1~~ tNl!gSt 1J1~ _el'!~n! !o _ _ which the Facilities benefit the District generally, the quantity of water, interruptability of the water, timing for delivery of the water and such other factors as customarily utilized by the District in determining rates. The District shall retain the services of a consultant to assist in developing a rate for water service to Heavenly for snowmaking and domestic uses. 6.2 Water Service Agreement. The District and Heavenly shall use their best efforts, prior to commencement of construction of the Facilities, to develop and enter into a water service agreement ("Water Service Agreement") incorporating the terms of this Agreement and the terms and conditions for the provision of water for snowmaking I ,J1ses to Heavenly, as mutually agreed by the parties. 6.3 Existing Water Supply Agreement. The Existing Water Supply Agreement, including easements granted by Heavenly, shall be amended, revised or terminated as negotiated by the District and Heavenly in connection with the terms and conditions for the Water Service Agreement. 6.4 Administrative Code. The water service provided by the District to Heavenly pursuant to the Water Service Agreement shall be subject to the District's Administrative Code, rules, regulations and policies to the extent not inconsistent with the terms and conditions of this Agreement or the Water Service Agreement. In the event of a conflict between the terms and conditions of this Agreement, the Water Service Agreement and the District's Administrative Code, rules, regulations or policies, this Agreement and the Water Service Agreement shall control in all respects. 7. Terptination. Heavenly may terminate this Agreement at anytime upon written notice to the District. In the event of termination, Heavenly shall be responsible for all costs and expenses reasonably incurred by the District through the date of termination, which shall be paid by Heavenly within thirty (30) days of a final invoice from the District. In the event the Facilities are actually in the process of being constructed, unless otherwise agreed by the District, Heavenly shall be responsible for completing construction and complying with the terms and conditions of this Agreement for such facilities. I 25998 .'>Q 487113 v I :QO-~qz.z.QUI,- 6 -52- -( Deleted: and domestic . { Deleted: and domestic ______J Formatted: zzmpTrailerltem, Font: 12 pt " = Formatted: Une spadng: Exactly 10 pt Formatted: Default Paragraph Font / ' " 8. General Provisions. 8.1 Recitals. The recitals stated at the beginning of this Agreement of any matters of facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the recitals, if any, shall be deemed a part of this Agreement. 8.2 Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted, to be effective, shall be in writing and shall be delivered, either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or other similar overnight delivery service, to the party to whom the notice is directed at the address of such party as follows: TO: District South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Attention: Lisa Coyner, Customer Service Manager With a copy to: Gary Kvistad, Esq. Brownstein Hyatt Farber Schreck, LLP 21 East Carillo Street Santa Barbara, California 93101 TO: Heavenly Blaise Carrig Heavenly Mountain Resort Post Office Box 2180 Stateline, NY 89449 With a copy to: General Counsel Vail Resorts, Inc. 390 Interlocken Crescent, Suite 1000 Broomfield, CO 80021 Glenn E. Porzak Porzak Browning & Bushong LLP 929 Pearl Street, Suite 300 Boulder, CO 80302 Paul G. Taggart Taggart and Taggart, Ltd. 108 N. Minnesota St. Carson City, NY 89703 I 25998 "'B~71!)Xl.i9~?~lQJ)J. _ _ 7 -53- Formatted: zzmpTrallerltem, Font: I 12 pt Formatted: Une spadng: Exactly 10 pt Formatted: Default Paragraph Font i. - ~( 8.4 Assignability. This Agreement is assignable to any entity that is the owner Jl!l~ 9perato! _of !i!~ I:I~l!~e.n!x. ~lsi_ ~~sort~ }-!~ay~rfty_ s!mll provid~ the [)i.sY'ict with - -[ Deleted: or notice within five (5) of any such assignment. Any other assignment shall only occur with the prior written consent of the District. who shall have the sole discretion to consent or not consent to any proposed assignment. Any other attempted assignment without the approval of the District shall be null and void. Any communication given by mail shall be deemed delivered two (2) business days after such mailing date, and any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party notice of its new address. 8.3 Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties or their respective heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 8.5 Waiver. No waiver by any party of any of the provisions shall be effective unless explicitly stated in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained in this Agreement, and in any documents delivered or to be delivered pursuant to this Agreement. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 8.6 Headings. The section headings contained in this Agreement are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. 8.7 Severability. If any term, provision, covenant or condition of this Agreement shall be or become illegal, null, void or against policy, the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired or invalidated. The term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable, shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Agreement. 8.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. I 25998 ..5H811l) xljlO7~n l!)J,L _ _ _ _ 8 ; ../' -54- ~ Formatted: zzmpTrallerltem, Font: 12 pt Formatted: Une spadng: Exactly 10 pt Formatted: Default Paragraph Font / I " 8.9 Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of California to the extent California Law is applicable to the Untied States, with venue proper only in the County ofEI Dorado, State of California. 8.10 Parties in Interest. Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action against any party to this Agreement. 8.11 Attorney Fees. Ifany legal proceeding (lawsuit, arbitration, etc.), including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees award shall be made as to fully reimburse for all attorneys' fees, paralegal fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys; fees, paralegal fees, costs and expenses paid or incurred in good faith. 8.12 Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement. 8.13 Construction. The provisions ofthis Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. 8.14 Several Obligations. Except where specifically stated in this Agreement to be otheIWise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Agreement. 8.15 Authority. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform all acts required by this Agreement, and that the consent, approval or execution of or by any third I 25998 .')B ~1Il,1 xI;OQ.7~27 Q.!3J._ . __ 9 -55- '. . Formatted: zzmpTrailerltem, Font: 12 pt Formatted: Line spadng: Exactly 10 pt Formatted: Default Paragraph Font .;f party is not required to legally bind either party to the terms and conditions of this Agreement. 8.16 Ownership. Heavenly represents and warrants to the District that, with respect to each of its properties that will be subject to any easement conveyed to the District pursuant to this Agreement, that it is the sole owner, in fee, and no other person or entity has an ownership interest. 8.17 Entire Agreement. This Agreement contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties. There have been no binding promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature, except as stated in this Agreement. This Agreement may be altered, amended or modifIed only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest or assert that this Agreement was modifIed, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppels. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year and at the place fIrst written above. DISTRICT HEAVENLY South Tahoe Public Utility District Heavenly Valley Limited Partnership by its general partner, VR Heavenly I, Inc. By: Mary Lou Mosbacher, Board President By: (Name) (Title) ATTEST: By: Kathy Sharp, Clerk of the Board! Executive Services Manager I 25998 .511 48IJ!} vl;.Qfl.7627 0131. 10 -56- , , ' , , Formatted: zzmpTrallerltem, Font: 12 pt Formatted: Line spadng: Exactly 10 pt Formatted: Default Paragraph Font Gt:nersl Ma~ Richard H. 5olt1rte South Tahoe Public Utility District DIrectarI7 Ernlc ClaUdio Jalt1tJ& ~. JOne6 Mary Lou MM"Jlcher Da~ RiM 1275 Meael.ow Cr8&t Drive · South Lake Tahoe · CA 96150 Phone 550 544-6474 · Fax 550 541-0014 BOARD AGENDA ITEM 6b TO: Board of Directors FROM: Paul A. Sciuto, Assistant General Manager/Engineer MEETING DATE: November 6, 2008 ITEM - PROJECT NAME: Heavenly Valley Snowmaking REQUESTED BOARD ACTION: Approve proposal from Municipal Financial Services (MFS) to evaluate the capital and operating costs, in the amount of $21 ,760. DISCUSSION: Heavenly Valley is looking to increase the quantity and improve the reliability of water that the District supplies to Heavenly for snowmaking in both the States of California and Nevada. Prior to committing capital dollars to the construction of facilities to increase the quantity of water available for snowmaking, Heavenly would like the District to provide an analysis of water service rates for their off-season water consumption. MFS submitted the attached proposal to provide a comprehensive analysis of both water service rates and capacity charges for Heavenly Valley's unique situation. The District will not execute an agreement with MFS unless the Water Facility Agreement is complete and Heavenly agrees to pay for the rate study. SCHEDULE: COSTS: $21,760 ACCOUNT NO: HVNWTR BUDGETED AMOUNT REMAINING: ATTACHMENTS: Proposal dated September 29, 2008 CONCURRENCE WITH ~!QuesTeD ACT 0 GENERAL MANAGER: yeS CHIEF FINANCIAL OFFICER: YES CATEGORY: Sewer NO NO -57- / 311 Bryant Avenue Alameda, California 94501-3531 T (510) 522-5251 F (510) 522-5251 Jtr unlcipal 'inane/al Services September 29,2008 Mr. Paul Sciuto Assistant General Manager South Tahoe Public Utility District 1275 Meadow Crest Drive South Tahoe, California 96150 Subject: Proposal to Evaluate the Capital and Operating Costs for Heavenly Valley Snowmaking Dear Mr. Sciuto: Municipal Financial Services is pleased to submit this proposal to evaluate the request by Heavenly Valley (Heavenly) for increased water supply from the South Tahoe Public Utility District (District) to enlarge and enhance their snowmaking operations. The proposed approach, scope of work, budget, and schedule are described below along with our experience and qualifications. Approach Our approach will be to team with District staff and the District's legal counsel to evaluate the costs that are allocable to Heavenly for its use of the District's water system infrastructure and for a supply of water to Heavenly for the enlargement and enhancement of their snowmaking operations (the Project). This Project is unique in its mix of possible infrastructure requirements, infrastructure which may be contributed by Heavenly, and the source, amount and timing of water usage projected by Heavenly. Please note that our work is technical, not legal, in nature. To the extent it addresses laws, regulations or court decisions of any jurisdiction, it is not intended as a precise, detailed or thorough summary of the pertinent legal authorities. The District should note that our work will not be prepared or reviewed by an attorney (other than the District's legal counselor persons on the District's distribution list), and it is not intended, and should not be relied upon, as legal advice. Its purpose is to assist in the recognition and analysis of capital and operating costs that may be allocated to Heavenly for the Project. Questions concerning the interpretation or applicability of the legal authorities referenced herein should be referred to an attorney qualified in the specific subject matter. Project Team, Qualifications and Experience The qualifications and experience of our project team with projects similar in scope and with emphasis 'on work performed for public agencies in California is described in the following paragraphs. Proiect Team The project team will consist of Tom Pavletic and Marv Winer. Tom Pavletic is the owner of Municipal Financial Services, a sole proprietorship. Marv Winer will be a subconsultant to Municipal Financial Services. The team will be headed by project manager Tom Pavletic. Tom will be responsible for development of Excel-based spreadsheets and the production of all deliverables. He will coordinate -59- Mr. Paul Sciuto September 29,2008 Page 2 of 4 all activities and be the primary point of contact. Marv Winer will assist Tom in the scope of work and will review all deliverables. Tom, formerly Brown and Caldwell's Regional Manager of Financial Services until mid-2005, has 20 years of experience serving public utilities. He has worked with water, wastewater, and storm water system staff and managers in financial planning, regulatory analysis, storm water and wastewater pretreatment program supervision, litigation support, and construction project management. He has developed water, wastewater, and storm drainage rates and capacity charges for numerous municipalities. Marv Winer, who preceded Tom as Brown and Caldwell's Manager of Financial Services, has 34 years of experience developing rates and capacity charges for over 100 water, wastewater, drainage, and solid waste utilities throughout the country. Employed full-time by Brown and Caldwell from 1973 to 1999, Marv now works on a part-time basis as a subconsultant. He will provide study oversight, review work products, and review cost allocation and capacity charge development concepts. He will contribute significantly to the review and development of methodologies applied in the spreadsheet. Marv will be a subconsultant to Municipal Financial Services. A partial list of recent water-related studies conducted by Tom and Marv is shown below in Table 1. Marv and/or Tom have worked on rate studies for many of these agencies for 15 - 20 years. Table 1. List of Studies Municipality Special Water Studies City of Belle Glade, FL City of Napa Water Rates and Charaes Studies Hi-Desert Water District City of Lathrop City of Aurora, CO City of Davis City of Fresno Soquel Creek Water District City of Watsonville Cities of Davis and Woodland County of San Mateo City of San Bruno City of Millbrae City of Martinez San Lorenzo Valley Water District South Tahoe Public Utility District City of Piltsburg City of Davis City of Napa City of Vallejo City of Waterford Study Year Study Type 2003 2003 In Progress In Progress 2008 2008 2006, 2008 2001-08 2008 2007 2007 2001,2004,2006 2002,2005 2002,2007 2006 2004,2006 2005,2007 2004 2004 2004 2004 -60- Regional Treatment Plant Cost Allocation Develop Special Rates for Commercial User Water Rates and Capacity Charges Water Rates Water Rate Cost of Service Allocations Water Rates and Capacity Charges Water Rates Water Rates and Capacity Charges Water Rates Water Supply Project Cost Evaluation Water Production Cost Evaluation Water Rates and Capacity Charges Water Rates and Capacity Charges Water Rates Water Rates and Long Term Financial Plan Water Capacity Charges Water Rates and Capacity Charges Water Rates Water Rates Water Rates and Capacity Charges Water Rates Mr. Paul Sciuto September 29, 2008 Page 3 of 4 Scope of Work The scope of work for the study would include the following work items: · Task 1 - Evaluate relevant capital and operating expenditures. · Task 2 - Recommend expenditures applicable to Heavenly Valley. · Task 3 - Prepare and deliver presentation. · Task 4 - Prepare draft and final letter reports. Each task is described more fully in the paragraphs below. Task 1 - Evaluate relevant capital and operating expenditures. We will evaluate data provided by the District relative to Heavenly's request for an increase in its water supply for snowmaking. Data to be evaluated includes the original agreement between Heavenly and the District dated February 27, 1984, and any amendments; the current water rates shown in Ordinance No. 508-08; the Excel model used by the District to prepare water rates for FY 2007/08; the proposed capital facilities for the enlargement and enhancement of snowmaking operations and the operational cost for those facilities; and the proposed hourly and daily water usage for the enlargement and enhancement of snowmaking operations. We will evaluate the District's water capacity charges as to their applicability to Heavenly's request for an increase in its water supply. We will request additional data as is evident to us for the complete evaluation of Heavenly's request. We will attend one meeting at the District for the purpose of discussing items relevant to this task. Task 2 - Recommend expenditures applicable to Heavenly Valley. Based on the data made available to us, we will determine the costs for Heavenly's use of the District's water system and for the delivery of water for the enlargement and enhancement of Heavenly's snowmaking operations. Our evaluation of expenditures will include items of concern to the District, such as service related factors, water system improvements that would benefit the District as well as Heavenly, and other considerations (the cost-related benefits if groundwater recharge is improved by the project and the cost-related benefits of snowmaking credits applicable to the project). We will quantify the determination of costs for Heavenly's use of the District's water system so that the methodology for the derivation and calculation of costs may be incorporated into an agreement. We will conduct phone conference calls/net conferences for the evaluation of data as often as required to the extent possible within the proposed budget for this task. . Task 3 - Prepare and deliver presentation. We will prepare a presentation of findings and recommendations based on the work performed in Task 2 and deliver that presentation at the District's preferred time and location. Task 4 - Prepare draft and final letter reports. We will prepare a draft letter report and submit it to the District for review and comment. Based on a consolidated set of comments from the District, we will revise the report and prepare a final letter report. We will submit one hard copy and one electronic copy (in Adobe pdf format) of the final letter report to the District. -61- Mr. Paul Sciuto September 29,2008 Page 4 of 4 Deliverables Work products (deliverables) included in this proposal are: · Electronic copy of draft and final letter reports and Excel spreadsheets. · Two meetings at the District for discussion of project details and for presentation of findings and recommendations. Spreadsheet and Word Processing Software The evaluation will be modeled in a new workbook using Microsoft Office Excel 2003 with Service Pack 3. The reports will be produced using Microsoft Office Word 2003 with Service Pack 3. Budget The proposed budget and staff that will perform the scope of work are shown in Table 2, below. Travel expenses and all other expenditures are included in the hourly labor rates. Only actual labor hours will be charged to the District. Labor hours not used will not be invoiced. Labor hours for each task are fungible among tasks up to the total hours shown for the entire scope of work. Table 2. Budget Project Cost A1loc. Manager Expert Total Total (Pavtetic) (Winer) Hours Cost Task Hourly Rate => $160 $160 Task 1-Evaluate relevant capital and operating expenditures 14 12 26 $4,160 Task 2-Recommend expenditures applicable to Heavenly Valley 40 30 70 $11.200 Task 3-Prepare an~ deliver presentation 8 8 16 $2,560 Task 4-Prepare draft and finallelter reports 16 8 24 $3,840 Totals 78 58 136 $21,760 Schedule We can begin work immediately after receiving written authorization to proceed. We will perform the work on a schedule that meets completion dates developed by the District and shown in the contract for this work. Thank you for the opportunity to propose on this work. If you have any questions, please call me at (925) 210-2385 (Brown and Caldwell office) or (510) 522-5251 (Alameda office). Very truly yours, MUNICIPAL FINANCIAL SERVICES ;@~ Tom Pavletic -62- Genallll MJiltllliJer Rlchara H. 5ol~ South Tahoe Public Utility District Dlrector& Emit< Cl.lItuAio Jamc!t R. Jone& Mary Lou Moe"~ Dale Rifle ria II" 1215 Meadow C~et Drive · South Lake Tahoe · CA 00150 Phone 5:30 544-6474. Fax 550 54H)614 BOARD AGENDA ITEM 6c TO: Board of Directors FROM: Accounts Payable MEETING DATE: November 6, 2008 ITEM - PROJECT NAME: Payment of Claims REQUESTED BOARD ACTION: Approve Payment DISCUSSION: The Payment of Claims was not available when this agenda was published. It will be distributed prior to, and at the Board meeting. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: To be distributed prior to, and at the Board meeting. CONCURRENCE WITH REQUESTED ACTIO GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES CATEGORY: General NO NO -63- PAYMENT OF CLAIMS FOR APPROVAL November 6, 2008 Payroll 10/22/08 Total Payroll BNY Western Trust Company CDS-health care payments Brownstein/HyattlF arber/Schreck legal services LaSalle Bank Union Bank Total Vendor EFT Accounts Payable Checks-Sewer Fund Accounts Payable Checks-Water Fund Accounts Payable Checks-Self-funded Insurance Accounts Payable Checks-Grants Fund Total Accounts Payable Grand Total Pavroll EFTs & Checks EFT EFT EFT CHK EFT CHK EFT CHK EFT CHK AFLAC Medical & Dependent Care CA Employment Taxes & W/H Federal Employment Taxes & W/H CalPERS Contributions Great West Deferred Comp Stationary Engineers Union Dues United Way Contributions CA State Disbursement Unit Employee Direct Deposits Employee Paychecks Total 10/22/08 521.4 7 15,306.77 89,518.65 27,446.58 18,190.91 2,300.18 142.00 460.15 200,868.17 16,345.18 371,100.06 371,100.06 371,100.06 0.00 81,681.82 0.00 0.00 0.00 81,681.82 701,571.93 1,190,722.89 20,559.88 0.00 1,912,854.70 2,365,636.58 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type A -1 CHEMICAL INC GEN & ADMIN OFFICE INVENTORY 1000 - 0428 474.39 Check Total: 474.39 AP 00071039 MW ABS PUMPS INC PUMPS UPGR FLL ES6,7 &9 1002 - 8712 6,513.79 Check Total: 6,513.79 AP 00071040 MW ACCOUNTEMPS FINANCE CONTRACT SERVICE 1039 - 4405 4,533.76 ACCOUNTEMPS FINANCE CONTRACT SERVICE 2039 - 4405 4,533.76 Check Total: 9,067.52 AP 00071041 MW ACE HARDWARE OF SO LAKE TAHOE GEN & ADMIN SHOP SUPPLY INV 1000 - 0421 298.88 Check Total: 298.88 AP 00071042 MW ADVANTEL INC INFORMATION SYS SERVICE CONTRACT 1037 - 6030 2,053.31 ADVANTEL INC INFORMATION SYS SERVICE CONTRACT 2037 - 6030 2,053.30 Check Total: 4106.61 AP 00071043 MW AERVOE- PACIFIC UNDERGROUND REP SHOP SUPPLIES 1001 - 6071 870.00 Check Total: 870.00 AP 00071044 MW AFLAC GEN & ADMIN SUPP INS W/H 1000 - 2532 904.76 AFLAC GEN & ADMIN AFLAC FEE DED 1000 - 2538 130.00 Check Total: 1 AP MW ALPEN SIERRA COFFEE FINANCE OFC SUPPLY ISSUE 1039 - 6081 237.50 Check Total: 237.50 AP 00071046 MW ALPINE EYECARE LLC HEAVY MAINT SAFETY /EQUIP /PHY 1004 - 6075 366.00 ALPINE EYECARE LLC INFORMATION SYS SAFETY /EQUIP /PHY 1037 - 6075 124.50 ALPINE EYECARE LLC INFORMATION SYS SAFETY /EQUIP /PHY 2037 - 6075 124.50 Check Total: 615.00 AP 00071047 MW ALSBURY, MARY INFORMATION SYS TRAVEL /MEETINGS 1037 - 6200 45.00 ALSBURY, MARY INFORMATION SYS TRAVEL /MEETINGS 2037 - 6200 45.00 Check Total: 90.00 AP 00071045 MW AMERIPRIDE UNIFORM SERVICES GEN & ADMIN UNIFORM PAYABLE 1000 - 2518 1,326.03 Check Total: 1,326.03 AP 00071049 MW ANDERSON AUDIO VISUAL ADMINISTRATION SERVICE CONTRACT 1021 - 6030 2,750.00 ANDERSON AUDIO VISUAL ADMINISTRATION SERVICE CONTRACT 2021 - 6030 2,750.00 Check Total: 5,500.00 AP- 00071050 MW User: MICHAEL Page: 1 Current Date: 10 30 2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05.38 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type ANGIE'S SIGNS EQUIPMENT REP SAFETY /EQUIP /PHY 1005 - 6075 168.36 ANGIE'S SIGNS EQUIPMENT REPAIR SAFETY /EQUIP /PHY 2005 - 6075 168.36 Check Total: 336.72 AP 00071051 MW APOLLO PLUMBING & HTN,TERRY'S UNDERGROUND REP PIPE /CVRS /MHLS 1001 - 6052 573.90 Check Total: 573.90 AP 00071052 MW ASPEN PUBLISHERS INC. FINANCE SUBSCRIPTIONS 1039 - 4830 165.50 ASPEN PUBLISHERS INC. FINANCE SUBSCRIPTIONS 2039 - 4830 165.50 Check Total: 331.00 AP 00071053 MW AT &T /CALNET 2 GEN & ADMIN TELEPHONE 1000 - 6310 496.51 AT &T /CALNET 2 GEN & ADMIN SIGNAL CHARGES 1000 - 6320 32.13 AT &T /CALNET 2 PUMPS TELEPHONE 1002 - 6310 195.73 AT &T /CALNET 2 OPERATIONS TELEPHONE 1006 - 6310 29.79 AT &T /CALNET 2 INFORMATION SYS TELEPHONE 1037 - 6310 82.74 AT &T /CALNET 2 CUSTOMER SERVICE TELEPHONE 1038 - 6310 7.12 AT &T /CALNET 2 GEN & ADMIN TELEPHONE 2000 - 6310 496.48 AT &T /CALNET 2 PUMPS TELEPHONE 2002 - 6310 148.92 AT &T /CALNET 2 INFORMATION SYS TELEPHONE 2037 - 6310 82.73 AT &T /CALNET 2 CUSTOMER SERVICE TELEPHONE 2038 - 6310 7.11 Check Total: - 1,579.26 AP 00071054 MW AUERBACH ENGINEERING CORP ENGINEERING - DVR IRRIG FIELDS DVR ESB 1029 - 8836 - MEIKO8 24,473.75 Check Total: 24,473.75 AP 00071055 MW AWWA HUMAN RESOURCES SUBSCRIPTIONS 1022 - 4830 101.75 AWWA ADMINISTRATION DUES /MEMB /CERT 2021 - 6250 3,276.00 AWWA HUMAN RESOURCES SUBSCRIPTIONS 2022 - 4830 101.75 Check Total: 3,479.50 AP 00071057 MW AWWA CAL -NEV SECTION LABORATORY DUES /MEMB /CERT 2007 - 6250 50.00 Check Total: 50.00 AP 00071056 MW BB &H BENEFIT DESIGNS HUMAN RESOURCES CONTRACT SERVICE 1022 - 4405 624.50 BB &H BENEFIT DESIGNS HUMAN RESOURCES CONTRACT SERVICE 2022 - 4405 624.50 Check Total: 1,249.00 AP 00071058 MW BENTLY AGROWDYNAMICS OPERATIONS SLUDGE DISPOSAL 1006 - 6652 2,111.78 User: MICHAEL Page: 2 Current Date: 10;30,'2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type Check Total: 2,111.78 AP- 00071059 MW BOYLE ENGINEERING CORP ENGINEERING - ICR TMDL 02SYS/TMDL,ICR 1029 - 8605 - ICTMDL 963.90 Check Total: 963.90 AP 00071060 MW BROWN & CALDWELL CONSULTANTS ENGINEERING - ICR TMDL 02SYS/TMDLICR 1029 - 8605 - ICTMDL 3,489.75 BROWN & CALDWELL CONSULTANTS ENGINEERING - C CLUB TNK REPL TANK, COUNTRY CL 2029 - 7063 - CLUBTK 3,432.39 Check Total: 6 922.14 AP 00071061 MW BURDICK, LINDA UNDERGROUND REP MISC LIAB CLAIMS 1001 - 4520 630.00 Check Total: 630.00 AP 00071062 MW CALIF DEPT OF HEALTH SERVICES PUMPS DUES /MEMB /CERT 2002 - 6250 90.00 Check Total: 90.00 AP 00071063 MW CAPITOL ENQUIRY DIO SUBSCRIPTIONS 1027 - 4830 95.35 CAPITOL ENQUIRY DIO SUBSCRIPTIONS 2027 - 4830 95.35 Check Total: 190.70 AP 00071064 MW CARBON ACTIVATED CORPORATION OPERATIONS CARBON 1006 - 4740 13,934.25 CARBON ACTIVATED CORPORATION OPERATIONS FLTR BLD ASSMNT 1006 - 8862 11,400.00 Check Total: 25 334.25 AP 00071065 MW CAROLLO ENGINEERS ENGINEERING - ARSENIC STUDY ARSNC TRTMNT 2029 - 8864 - ARSNIC 42,313.94 Check Total: 42,313.94 AP 00071066 MW CDS GROUP HEALTH SELF FUNDED INS PPO FEE 3000 - 6742 2,292.85 Check Total: 2,292.85 AP 00071067 MW CDW - G CORP INFORMATION SYS DIST.COMP SPPLIS 1037 - 4840 548.38 CDW - G CORP INFORMATION SYS DIST.COMP SPPLIS 2037 - 4840 548.39 Check Total: 1,096.77 AP 00071068 MW CENTERPOINT CONCRETE PUMPING ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 1,072.50 Check Total: 1,072.50 AP 00071069 MW CITY OF SOUTH LAKE TAHOE UNDERGROUND REP PIPE/CVRS/MHLS 1001 - 6052 13,800.00 CITY OF SOUTH LAKE TAHOE UNDERGROUND REP PIPE /CVRS /MHLS 2001 - 6052 16,300.00 Check Total: 30,100.00 AP 00071070 MW CLARK PLUMBING HEATING & A/C ENGINEERING MISC LIAB CLAIMS 2029 - 4520 180.47 Check Total: 180.47 AP 000710 MW COCKING, DENNIS DIO TRAVEL /MEETINGS 2027 - 6200 207.74 User: MICHAEL Page: 3 Current Date: 10 30 2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05.38 Vendor Name COTTIER, CAROL COTTIER, CAROL REVERSED COTTIER, CAROL COTTIER, CAROL CROSNO CONSTRUCTION INC CROSNO CONSTRUCTION INC CRUZ EXCAVATING INC CRUZ EXCAVATING INC CRUZ EXCAVATING INC CRUZ EXCAVATING INC CRUZ EXCAVATING INC CRUZ EXCAVATING INC CSRMA CWEA DATCO SERVICES CORP DATCO SERVICES CORP DELL MARKETING L P DELL MARKETING L P DELL MARKETING L P DELL MARKETING L P DICK'S FULLER - DICK'S FULLER - User: MICHAEL Department / Proi Name CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SERVICE CUSTOMER SERVICE GEN & ADMIN - C CLUB TNK REPL ENGINEERING - C CLUB TNK REPL GEN & ADMIN - WTRLN,AL TAHOE GEN & ADMIN - WL,GRANITE /IRON GEN & ADMIN - WTRLN, TATA ENGINEERING - WL,GRANITE /IRON ENGINEERING - WTRLN,AL TAHOE ENGINEERING - WTRLN, TATA UNDERGROUND REP HEAVY MAINT HUMAN RESOURCES HUMAN RESOURCES INFORMATION SYS INFORMATION SYS INFORMATION SYS INFORMATION SYS PUMPS PUMPS PAYMENT OF CLAIMS Page: 4 Description Acct# / Proi Code Check Total: TRAVEL/MEETINGS 1038 - 6200 TRAVEL/MEETINGS 2038 - 6200 -99.00 - 198.00 AP-00071037 RV TRAVEL /MEETINGS 1038 - 6200 475.00 TRAVEL /MEETINGS 2038 - 6200 475.00 Check Total: 950.00 AP 00071073 MW CONST RETAINAGE 2000 - 2605 - CLUBTK 4,306.05 TANK, COUNTRY CL 2029 - 7063 - CLUBTK 211,907.00 Check Total: 216 213.05 AP 00071074 MW CONST RETAINAGE 2000 - 2605 - ATWL08 - 3,244.50 CONST RETAINAGE 2000 - 2605 - GRANWL - 1,000.00 CONST RETAINAGE 2000 - 2605 - TATAWL - 26,843.70 WL,GRANITE MTN 2029 - 7069 - GRANWL 10,000.00 WTLN, AL TAHOE 2029 - 8811 - ATWL08 338,764.50 WTRLN, TATA LN 2029 - 8866 - TATAWL 268,437.00 Check Total: 586 113.30 AP 00071075 MW CSRMA LIAB CLAIM 2001 - 4521 720.79 720.79 AP 00071076 MW DUES /MEMB /CERT 1004 - 6250 132.00 132.00 AP 00071077 MW SAFETY PROGRAMS 1022 - 6079 182.00 SAFETY PROGRAMS 2022 - 6079 182.00 364.00 AP 00071078 MW DIST.COMP SPPLIS 1037 - 4840 1,218.68 LAPTOP, URS 1037 - 8938 2,473.99 DIST.COMP SPPLIS 2037 - 4840 1,117.16 LAPTOP, URW 2037 - 8970 2,474.00 7,_283.83 AP 00071079 MW SHOP SUPPLIES 1002 - 6071 71.74 PUMP STATIONS 2002 - 6051 37.62 Check Total: Check Total: Check Total: Check Total: Check Total: Current Date: 10 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 Amount Check Num Type 20T74 AP- 00071072 MW -99.00 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type DICK'S FULLER - PUMPS SHOP SUPPLIES 2002 - 6071 71.73 DICK'S FULLER - HEAVY MAINTENANC BUILDINGS 2004 - 6041 24.27 Check Total 205.36 AP 00071080 MW DOUG VEERKAMP GEN ENGINEERING ENGINEERING - WTRLN, JULIE LN WTRLN, JULIE 2029 - 7067 - JULIE7 158,474.72 Check Total: 158,474.72 AP 00071081 MW E- FILLIATE CORP INFORMATION SYS DIST.COMP SPPLIS 1037 - 4840 202.87 E- FILLIATE CORP INFORMATION SYS DIST.COMP SPPLIS 2037 - 4840 217.51 Check Total: 420.38 AP- 00071082 MW ED COOK TREE SERVICE PUMPS GROUNDS & MNTC 2002 - 6042 600.00 Check Total: 600.00 AP 00071083 MW EL DORADO COUNTY PUMPS OPERATING PERMIT 1002 - 6650 7,895.00 EL DORADO COUNTY OPERATIONS OPERATING PERMIT 1006 - 6650 5,031.00 EL DORADO COUNTY PUMPS OPERATING PERMIT 2002 - 6650 4,704.00 Check Total: 17,630.00 AP 00071084 MW EL DORADO COUNTY ENGINEERING - WL,GRANITE /IRON WL,GRANITE MTN 2029 - 7069 - GRANWL 57.00 Check Total: 57.00 AP 00071085 MW EL DORADO COUNTY ENGINEERING - FS EASEMENTS OPERATING PERMIT 1029 - 6650 - FSESMT 26.00 EL DORADO COUNTY ENGINEERING - FS EASEMENTS OPERATING PERMIT 2029 - 6650 - FSESMT 26.00 Check Total: 52.00 AP 00071086 MW EMPIRE SAFETY & SUPPLY GEN & ADMIN SAFETY INVENTORY 1000 - 0425 388.46 EMPIRE SAFETY & SUPPLY UNDERGROUND REP SAFETY /EQUIP /PHY 1001 - 6075 132.28 Check Total: 520.74 AP 00071087 MW ENCO HOT DEALS HEAVY MAINT SHOP SUPPLIES 1004 - 6071 309.35 Check Total: 309.35 AP 00071088 MW ENS RESOURCES INC DIO CONTRACT SERVICE 1027 - 4405 3,115.85 ENS RESOURCES INC DIO CONTRACT SERVICE 2027 - 4405 3,115.85 Check Total: 6,231.70 AP 00071089 MW ENTRIX INC ENGINEERING - AIRPORT WL EVAL AIRPORT WL EVAL 2029 - 7068 - AIRWLI 4,516.20 ENTRIX INC ENGINEERING - SUT WELL REDRILL SUT WELL REDRILL 2029 - 8463 - RWSUTR 3,806.80 Check Total: 8,323.00 AP 00071090 MW ENVIRONMENTAL EXPRESS LABORATORY OTHER SUPPLIES 1007 - 4790 400.00 User: MICHAEL Page: 5 Current Date: 10 302008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 Vendor Name ENVIRONMENTAL EXPRESS FAST FABRICATORS LLC FAST FABRICATORS LLC FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FISHER SCIENTIFIC FISHER SCIENTIFIC GFS CHEMICAL GFS CHEMICAL GRAINGER GRAINGER HANGTOWN GENERAL ENGINEER HARTFORD, THE HARTFORD, THE HAUGE BRUECK ASSOCIATES LLC HIGH SIERRA BUSINESS SYSTEMS User: MICHAEL Report: OH_PMT_C LAIMS_BK Department / Proi Name LABORATORY PUMPS PUMPS PUMPS HEAVY MAINT HEAVY MAINT ENGINEERING - ICR TMDL UNDERGROUND REP PUMPS LABORATORY LABORATORY GERBER LIFE INSURANCE COMPANY SELF FUNDED INS LABORATORY LABORATORY GEN & ADMIN GEN & ADMIN ENGINEERING - C CLUB TNK REPL GEN & ADMIN GEN & ADMIN PAYMENT OF CLAIMS Description OTHER SUPPLIES PUMP STATIONS PUMP STATIONS SHOP SUPPLIES SHOP SUPPLIES BIOSOL EQUP /BLDG O2SYS/TMDL,ICR SMALL TOOLS SHOP SUPPLIES LAB SUPPLIES LAB SUPPLIES RX CARD FEE LAB SUPPLIES LAB SUPPLIES SHOP SUPPLY INV SAFETY INVENTORY TANK, COUNTRY CL LIFE INS LTD, UNION ENGINEERING - ANGORA TNK REPL TANK, ANGORA HUMAN RESOURCES SERVICE CONTRACT Page: 6 Acct# / Proi Code 2007 - 4790 Check Total: 1002 - 6051 2002 - 6051 1002 - 6071 1004 - 6071 1004 - 6653 1029 - 8605 2001 - 6073 2002 - 6071 1007 - 4760 2007 - 4760 3000 - 6743 1007 - 4760 2007 - 4760 1000 - 0421 1000 - 0425 2029 - 7063 - CLUBTK 1000 - 2512 1000 - 2539 2029 - 7064 - ANGOTK Check Total: 1022 - 6030 Check Total: ICTMDL Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Current Date: 10/30,2008 Current Time: 11:05:38 Amount Check Num Type 439.24 839.24 AP- 00071091 MW 570.57 704.06 1 274.63 18.69 30.94 21.28 104.62 51.17 18.69 245.39 302.00 369.19 671.19 16, 039.03 16,039.03 127.78 82.85 210.6 83.78 128.27 212.05 4,797.05 4,797.05 2,026.49 1,799.13 3,825.62 3,315.00 3,315.00 188.29 AP- 00071092 MW AP- 00071093 MW AP- 00071094 MW AP- 00071095 MW AP- 00071096 MW AP- 00071097 MW AP- 00071098 MW AP- 00071099 MW AP- 00071100 MW Vendor Name HIGH SIERRA BUSINESS SYSTEMS HIGH SIERRA BUSINESS SYSTEMS HIGH SIERRA BUSINESS SYSTEMS HOBBS ELECTRIC INC HOBBS ELECTRIC INC HUGHES, PAUL HUGHES, PAUL HUGO BONDED LOCKSMITH INFOSEND INC. INTERSTATE SAFETY & SUPPLY INTERSTATE SAFETY & SUPPLY IPMA -HR IPMA -HR ITT FLYGT CORPORATION J &L PRO KLEEN INC J &L PRO KLEEN INC KIMBALL MIDWEST KRLT & KOWL RADIO KROLL KROLL Department / Proj Name CUSTOMER SERVICE HUMAN RESOURCES CUSTOMER SERVICE GEN & ADMIN -ICR TMDL ENGINEERING - ICR TMDL FINANCE FINANCE HEAVY MAINTENANC CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE GEN & ADMIN OPERATIONS HUMAN RESOURCES HUMAN RESOURCES PUMPS FINANCE FINANCE HEAVY MAINT HUMAN RESOURCES HUMAN RESOURCES PAYMENT OF CLAIMS Description SERVICE CONTRACT SERVICE CONTRACT SERVICE CONTRACT CONST RETAINAGE O2SYS/TMDL,ICR TRAVEL/MEETINGS TRAVEUMEETINGS BUILDINGS SAFETY INVENTORY LAB SUPPLIES DUES /MEMB /CERT DUES /MEMB /CERT SPARE PUMP PONDE JANITORIAL SERV JANITORIAL SERV SHOP SUPPLIES CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE PERSONNEL EXPENS PERSONNEL EXPENS Acct# / Proi Code Amount Check Num Type 1038 - 6030 17.29 2022 - 6030 188.29 2038 - 6030 17.28 Check Total 411.15 AP 00071101 MW 1000 - 2605 - ICTMDL - 1,135.27 1029 - 8605 - ICTMDL 11,352.73 Check Total: _ 1 217.46 AP - 00071 102 Mai' 1039 - 6200 59.67 2039 - 6200 59.67 Check Total: 119.34 AP 00071103 MW 2004 -6041 1,036.56 Check Total: 1 036.56 AP 00071104 MW 2038 - 6660 - WCPROG 1,281.83 Check Total: 1,281.83 AP 00071105 MW 1000 - 0425 280.41 1006 - 4760 118.82 Check Total: 399.23 AP 00071106 MW 1022 - 6250 72.50 2022 - 6250 72.50 Check Total: 145.00 AP 00071107 MW 1002 - 7903 5,864.08 Check Total: 5,864.08 AP - 00071 108 MW 1039 - 6074 1,641.00 2039 - 6074 1,641.00 Check Total: 3,282,00 AP 00071109 MW 1004 - 6071 79.99 Check Total: 79.99 AP 00071110 MW 2038 - 6660 - WCPROG 157.50 Check Total: 157.50 AP 00071111 MW 1022 - 6670 17.55 2022 - 6670 17.55 User: MICHAEL Page: 7 Current Date: 10.30 2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type Check Total: 35.10 AP- 00071112 MW L A PERKS PLUMBING & HEAT INC HEAVY MAINT GROUNDS & MNTC 1004 - 6042 2,273.75 Check Total: 2,273.75 AP- 00071113 MW LAKE TAHOE EYE CARE OPERATIONS SAFETY /EQUIP /PHY 1006 - 6075 215.00 Check Total: 215.00 AP 00071114 MW LAKE TAHOE PLUMBING INC ENGINEERING MISC LIAB CLAIMS 2029 - 4520 882.50 Check Total: 882.50 AP 00071115 MW LILLY'S TIRE SERVICE INC. HEAVY MAINT MOBILE EQUIP 1004 - 6012 15.50 Check Total: 15.50 AP MW LIVE WIRE MEDIA PARTNERS CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 336.00 Check Total: _ 336.00 AP 00071117 MW LOOMIS FARGO & CO. FINANCE CONTRACT SERVICE 1039 - 4405 296.77 LOOMIS FARGO & CO. FINANCE CONTRACT SERVICE 2039 - 4405 296.76 Check Total: 593.53 AP 00071118 MW LYNN M. SUTER ASSOCIATES DIO CONTRACT SERVICE 1027 - 4405 1,225.00 LYNN M. SUTER ASSOCIATES DIO CONTRACT SERVICE 2027 - 4405 1,225.00 Check Total: 2,450.00 AP 00071119 MW MC MASTER CARR SUPPLY CO PUMPS PUMP STATIONS 1002 - 6051 443.25 MC MASTER CARR SUPPLY CO PUMPS SHOP SUPPLIES 1002 - 6071 441.54 MC MASTER CARR SUPPLY CO PUMPS UPGR FLL ES6,7 &9 1002 - 8712 1,397.66 MC MASTER CARR SUPPLY CO PUMPS RPR/MNTC WTR TKS 2002 - 6054 145.49 MC MASTER CARR SUPPLY CO PUMPS SHOP SUPPLIES 2002 - 6071 423.85 Check Total: 2,851.79 AP 00071120 MW MID MOUNTAIN COMMUNICATIONS UNDERGROUND REP RADIO - RPRS /RPLCM 1001 - 6056 75.00 MID MOUNTAIN COMMUNICATIONS EQUIPMENT REP RADIO - RPRS /RPLCM 1005 - 6056 42.38 MID MOUNTAIN COMMUNICATIONS EQUIPMENT REPAIR RADIO - RPRS /RPLCM 2005 - 6056 42.37 Check Total: 159.75 AP 00071121 MW MISAC INFORMATION SYS DUES /MEMB /CERT 1037 - 6250 37.50 MISAC INFORMATION SYS DUES /MEMB /CERT 2037 - 6250 37.50 Check Total: 75.00 AP 00071122 MW MME MUNICIPAL MAINTENANCE UNDERGROUND REP PIPE /CVRS /MHLS 1001 - 6052 3,053.75 User: MICHAEL PAYMENT OF CLAIMS Page: 8 Current Date: 10/30/2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type MME MUNICIPAL MAINTENANCE PUMPS PUMP STATIONS 1002 - 6051 1,143.54 Check Total: 4,197.29 AP 00071123 MW MOHAGEN, BRUCE ENGINEERING MISC LIAB CLAIMS 2029 - 4520 954.00 Check Total: 954.00 AP 00071124 MW MOTION INDUSTRIES INC HEAVY MAINT PRIMARY EQUIP 1004 - 6021 306.00 Check Total: 306.00 AP 00071125 MW MOUNTAIN COUNTIES WATER DIO DUES /MEMB /CERT 2027 - 6250 1,000.00 Check Total: 1,000.00 AP 00071126 MW MOUNTAIN PLUMBING ENGINEERING - WTRLN, GLEN RD WL.GRANITE MTN 2029 - 7069 - GLENWL 285.00 Check Total: 285.00 AP 00071127 MW MY OFFICE PRODUCTS ENGINEERING OFFICE SUPPLIES 1029 - 4820 13.71 MY OFFICE PRODUCTS ENGINEERING OFFICE SUPPLIES 2029 - 4820 11.72 Check Total: 25.43 AP MW NELS TAHOE HARDWARE ELECTRICAL SHOP SHOP SUPPLIES 1003 - 6071 8.55 NELS TAHOE HARDWARE HEAVY MAINT SHOP SUPPLIES 1004 - 6071 19.59 NELS TAHOE HARDWARE ENGINEERING SUPPLIES 1029 - 6520 2.66 NELS TAHOE HARDWARE PUMPS GROUNDS & MNTC 2002 - 6042 17.92 NELS TAHOE HARDWARE ELECTRICAL SHOP SHOP SUPPLIES 2003 - 6071 8.55 NELS TAHOE HARDWARE ENGINEERING SUPPLIES 2029 - 6520 2.66 Check Total: 59.93 AP 00071129 MW NEVADA BLUE ENGINEERING OFFICE SUPPLIES 1029 - 4820 177.37 NEVADA BLUE ENGINEERING OFFICE SUPPLIES 2029 - 4820 173.84 Check Total: 351.21 AP 00071130 MW NEWARK IN ONE ELECTRICAL SHOP SHOP SUPPLIES 1003 - 6071 1,441.32 Check Total: 1,441.32 AP 00071131 MW NOVALYNX CORP DIAMOND VLY RNCH - DVR NUTRIENT MGI NUTR MGMT PLAN 1028 - 8993 - DVRNUT 2,232.69 Check Total: 2,232.69 AP 00071132 MW O I CORP LABORATORY LAB SUPPLIES 1007 - 4760 649.95 O I CORP LABORATORY LAB SUPPLIES 2007 - 4760 624.95 Check Total: 1,274.90 AP MW OFFICE MAX UNDERGROUND REP OFFICE SUPPLIES 1001 - 4820 24.94 User: MICHAEL Page: 9 Current Date: 10 30 2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type OFFICE MAX LABORATORY OFFICE SUPPLIES 1007 - 4820 62.37 OFFICE MAX ADMINISTRATION OFFICE SUPPLIES 1021 - 4820 11.20 OFFICE MAX HUMAN RESOURCES OFFICE SUPPLIES 1022 - 4820 91.76 OFFICE MAX ENGINEERING OFFICE SUPPLIES 1029 - 4820 23.98 OFFICE MAX CUSTOMER SERVICE OFFICE SUPPLIES 1038 - 4820 95.31 OFFICE MAX FINANCE OFFICE SUPPLIES 1039 - 4820 81.64 OFFICE MAX FINANCE OFC SUPPLY ISSUE 1039 - 6081 475.96 OFFICE MAX UNDERGROUND REP OFFICE SUPPLIES 2001 - 4820 47.24 OFFICE MAX LABORATORY OFFICE SUPPLIES 2007 - 4820 62.36 OFFICE MAX ADMINISTRATION OFFICE SUPPLIES 2021 - 4820 11.19 OFFICE MAX HUMAN RESOURCES OFFICE SUPPLIES 2022 - 4820 91.78 OFFICE MAX CUSTOMER SERVICE OFFICE SUPPLIES 2038 - 4820 95.27 OFFICE MAX FINANCE OFFICE SUPPLIES 2039 - 4820 105.65 Check Total: 1,280.65 AP 00071135 MW OLIN CORPORATION OPERATIONS HYPOCHLORITE 1006 - 4755 3,931.12 Check Total: 3,93 AP 00071136 MW OMEGA ENGINEERING ENGINEERING -ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 2,629.51 Check Total: 2,629.51 AP 00071137 M W ONTRAC LABORATORY POSTAGE EXPENSES 1007 - 4810 32.00 ONTRAC LABORATORY - BKRFLD TRTMT EXP POSTAGE EXPENSES 2007 - 4810 - BKRFLD 7.50 ONTRAC LABORATORY POSTAGE EXPENSES 2007 - 4810 9.50 Check Total: 49.00 AP 00071138 MW OROZCO, RUTH CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 800.00 Check Total: 800.00 AP 00071139 MW OTTO, VICTOR W. CUSTOMER SERVICE TRAVEL /MEETINGS 1038 - 6200 99.00 OTTO, VICTOR W. CUSTOMER SERVICE TRAVEL /MEETINGS 2038 - 6200 99.00 Check Total: 198.00 AP 00071038 MW PACIFIC MECHANICAL CORP GEN & ADMIN - EFFLUENT EVAL CONST RETAINAGE 1000 - 2605 - EFFLEV - 1,042.91 PACIFIC MECHANICAL CORP ENGINEERING - EFFLUENT EVAL REP EXP PUMPS 1029 - 8676 - EFFLEV 304,602.02 Check Total: 303 559.11 AP 00071140 MW PDM STEEL ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 594.00 Check Total: 594.00 AP 00071141 MW User: MICHAEL Page: 10 Current Date: 10'30/2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 Vendor Name Department / Proj Name Description Acct# / Proi Code Amount Check Num Type PERRY -SMITH LLP FINANCE AUDITING 1039 - 4470 1,500.00 PERRY -SMITH LLP FINANCE AUDITING 2039 - 4470 1,500.00 Check Total: 3,000.00 AP - 00071 142 MW PETTY CASH HEAVY MAINT TRAVEUMEETINGS 1004 - 6200 20.00 PETTY CASH ADMINISTRATION INCNTV & RCGNTN 1021 - 6621 7.39 PETTY CASH ENGINEERING TRAVEUMEETINGS 1029 - 6200 2.34 PETTY CASH ENGINEERING SUPPLIES 1029 - 6520 6.26 PETTY CASH INFORMATION SYS DIST.COMP SPPLIS 1037 - 4840 7.50 PETTY CASH FINANCE OFFICE SUPPLIES 1039 - 4820 1.50 PETTY CASH FINANCE SUPPLIES 1039 - 6520 8.36 PETTY CASH PUMPS PUMP STATIONS 2002 - 6051 10.00 PETTY CASH ADMINISTRATION INCNTV & RCGNTN 2021 - 6621 7.38 PETTY CASH DIO TRAVEUMEETINGS 2027 - 6200 20.00 PETTY CASH ENGINEERING TRAVEUMEETINGS 2029 - 6200 2.34 PETTY CASH ENGINEERING SUPPLIES 2029 - 6520 6.25 PETTY CASH INFORMATION SYS DIST.COMP SPPLIS 2037 - 4840 7.49 PETTY CASH FINANCE OFFICE SUPPLIES 2039 - 4820 1.50 PETTY CASH FINANCE SUPPLIES 2039 - 6520 8.34 Check Total: 116.65 AP 00071143 MW PINKEL,MICHELE ADMINISTRATION SUPPLIES 1021 - 6520 39.43 PINKEL,MICHELE ADMINISTRATION SUPPLIES 2021 - 6520 39.42 Check Total: 78.85 AP 00071144 MW PINPOINT LOCATING EQUIPMENT & UNDERGROUND REP PIPE /CVRS /MHLS 1001 - 6052 947.99 Check Total: 947,99 AP 00071145 MW POLYDYNE INC OPERATIONS POLYMER 1006 - 4720 15,166.89 Check Total: 15,166.89 AP - 00071 146 M W PRAXAIR 174 HEAVY MAINT SHOP SUPPLIES 1004 - 6071 346.17 PRAXAIR 174 HEAVY MAINT BIOSOL EQUP /BLDG 1004 - 6653 30.26 PRAXAIR 174 LABORATORY LAB SUPPLIES 1007 - 4760 446.46 PRAXAIR 174 ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 134.03 PRAXAIR 174 LABORATORY LAB SUPPLIES 2007 - 4760 446.45 Check Total: 1,403.37 AP 00071147 MW User: MICHAEL PAYMENT OF CLAIMS Page: 11 Current Date: 10 302008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 User: MICHAEL PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type PRINTING FOR SYSTEMS SELF FUNDED INS CLAIMS 3000 - 6745 236.00 Check Total: 236.00 AP 00071148 MW PRO LEISURE ADMINISTRATION INCNTV & RCGNTN PRO LEISURE ADMINISTRATION INCNTV & RCGNTN 1021 - 6621 2021 - 6621 Check Total: 158.58 158.58 317.16 AP 00071149 MW PTM DOCUMENT SYSTEMS FINANCE OFFICE SUPPLIES 1039 - 4820 91.29 PTM DOCUMENT SYSTEMS FINANCE OFFICE SUPPLIES 2039 - 4820 91.30 Check Total: 182.59 AP 00071150 MW RECORD - COURIER, THE DIAMOND VLY RNCH SUBSCRIPTIONS 1028 - 4830 70.00 Check Total: 70.00 AP 00071151 MW RENO DRAIN OIL SERVICE EQUIPMENT REP OIL & LUBE 1005 - 4630 41.25 RENO DRAIN OIL SERVICE EQUIPMENT REPAIR OIL & LUBE 2005 - 4630 41.25 Check Total: 82.50 AP 00071152 MW RICH'S SMALL ENGINE SERVICE UNDERGROUND REP SMALL TOOLS 2001 - 6073 24.98 Check Total: 24.98 AP- 00071153 MW RIVERA, GEORGE M OPERATIONS TRAVEL/MEETINGS 1006 - 6200 185.00 Check Total: 185.00 AP 00071154 MW ROOTER -MAN ENGINEERING MISC LIAB CLAIMS 2029 - 4520 284.44 Check Total: 284.44 AP 00071155 MW ROSE ELECTRONICS ELECTRICAL SHOP PUMP STATIONS 1003 - 6051 619.60 Check Total: 619.60 AP 00071156 MW RYAN, JULIE ENGINEERING - ANGORA TNK REPL TANK, ANGORA 2029 - 7064 - ANGOTK 836.00 Check Total: 836.00 AP 00071157 MW SAFETY CENTER INC OPERATIONS TRAVEL /MEETINGS 1006 - 6200 230.00 Check Total: 230.00 AP 00071158 MW SCOTTYS HARDWARE UNDERGROUND REP SMALL TOOLS 1001 - 6073 49.55 SCOTTYS HARDWARE PUMPS PUMP STATIONS 1002 - 6051 56.23 SCOTTYS HARDWARE PUMPS SMALL TOOLS 1002 - 6073 4.09 SCOTTYS HARDWARE PUMPS UPGR FLL ES6,7 &9 1002 - 8712 21.49 SCOTTYS HARDWARE EQUIPMENT REP AUTOMOTIVE 1005 - 6011 3.05 SCOTTYS HARDWARE DIAMOND VLY RNCH GROUNDS & MNTC 1028 - 6042 77.75 Page: 12 Current Date: 10 30'2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 Vendor Name SCOTTYS HARDWARE SCOTTYS HARDWARE SCOTTYS HARDWARE SCOTTYS HARDWARE SCOTTYS HARDWARE SHEPPARD MULLIN SHEPPARD MULLIN SHERMAN, THERESA SHERMAN, THERESA SHERMAN, THERESA SHERMAN, THERESA SIANO, CHRIS SIERRA CHEMICAL CO SIERRA CHEMICAL CO SIERRA CRANE AND HOIST INC SIERRA ENVIRONMENTAL SIERRA FOOTHILL LABORATORY SIERRA NEVADA CLASSIFIEDS SIERRA NEVADA CLASSIFIEDS SIERRA NEVADA CLASSIFIEDS SIERRA NEVADA CLASSIFIEDS SIERRA NEVADA CLASSIFIEDS User: MICHAEL Department / Proi Name UNDERGROUND REP PUMPS PUMPS PUMPS EQUIPMENT REPAIR HUMAN RESOURCES HUMAN RESOURCES INFORMATION SYS FINANCE INFORMATION SYS FINANCE OPERATIONS OPERATIONS PUMPS HEAVY MAINT OPERATIONS - FILTER ASSMNT ENGINEERING - ICR TMDL DIO - PR EXP- EXTERNAL CUSTOMER SERVICE DIO - PR EXP - EXTERNAL ENGINEERING - C CLUB TNK REPL CUSTOMER SERVICE PAYMENT OF CLAIMS Description SMALL TOOLS BUILDINGS PUMP STATIONS SMALL TOOLS AUTOMOTIVE PERSONNEL LEGAL PERSONNEL LEGAL TRAVEL/MEETINGS TRAVEL/MEETINGS TRAVEL/MEETINGS TRAVEUMEETINGS TRAVEL/MEETINGS OTHER SUPPLIES HYPOCHLORITE BUILDINGS FLTR BLD ASSMNT O2SYS/TMDL,ICR PUB RELATIONS PRINTING PUB RELATIONS TANK, COUNTRY CL PRINTING Acct# / Proi Code 2001 - 6073 2002 - 6041 2002 - 6051 2002 - 6073 2005 - 6011 1022 - 4445 2022 - 4445 1037 - 6200 1039 - 6200 2037 - 6200 2039 - 6200 1006 - 6200 1006 - 4790 2002 - 4755 1004 - 6041 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: 1006 - 8862 - FILTER Check Total: 1029 - 8605 - ICTMDL Check Total: 1027 - 6620 - PREEXT 1038 - 4920 2027 - 6620 - PREEXT 2029 - 7063 - CLUBTK 2038 - 4920 Check Total: Page: 13 Current Date: 10 30 2008 Report: OH_PMT Current Time: 1 105 38 Amount Check Num Type 54.16 21.36 104.88 4.09 3.05 399.70 AP MW 50.25 50.25 100.50 AP- 00071160 MW -26.30 646.32 -26.29 646.31 1,240.04 AP- 00071161 MW 152.10 152.10 AP- 00071162 MW - 296.00 2,871.81 2,575.81 AP- 00071163 MW 3,500.00 3,500.00 AP -00071 164 MW 530.00 530.00 AP- 00071165 MW 195.00 195.00 AP-00071166 MW 1.267.31 224.25 1,267.30 897.00 224.25 3 880.11 AP-00071167 MW PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Type SIERRA NEVADA PLUMBING ENGINEERING MISC LIAB CLAIMS 2029 - 4520 699.50 Check Total 699.50 AP 00071168 MW SIERRA PACIFIC POWER GEN &ADMIN ELECTRICITY 1000 - 6330 70,449.43 SIERRA PACIFIC POWER GEN & ADMIN ST LIGHTING EXP 1000 - 6740 7.92 SIERRA PACIFIC POWER GEN & ADMIN ELECTRICITY 2000 - 6330 59,893.38 Check Total: 130,350.73 AP 00071169 MW SIMPLY ELEGANT CATERING DIO TRAVEUMEETINGS 1027 - 6200 247.50 SIMPLY ELEGANT CATERING DIO TRAVEUMEETINGS 2027 - 6200 247.50 Check Total: 495.00 AP 00071170 MW SOUND STRATEGIES /OFC INC. DIO CONTRACT SERVICE 1027 - 4405 49.00 SOUND STRATEGIES /OFC INC. DIO CONTRACT SERVICE 2027 - 4405 49.00 Check Total: 98.00 AP 00071171 MW SOUTH TAHOE TOWING EQUIPMENT REPAIR AUTOMOTIVE 2005 - 6011 175.00 Check Total: 175.00 AP 00071172 MW SOUTHWEST GAS GEN & ADMIN NATURAL GAS 1000 - 6350 4,133.27 SOUTHWEST GAS GEN & ADMIN NATURAL GAS 2000 - 6350 139.74 Check Total: 4,273.01 AP 00071173 MW STANDARD INSURANCE COMPANY GEN & ADMIN LNG TRM DIS,MGMT 1000 - 2531 1,465.74 Check Total: 1,46 AP 00071174 MW STANLEY, WANDA ENGINEERING TRAVEUMEETINGS 1029 - 6200 112.68 STANLEY, WANDA ENGINEERING TRAVEUMEETINGS 2029 - 6200 112.68 Check Total: 225.36 AP 00071175 MW STRAUBINGER, HOLLIE CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 800.00 Check Total: 800.00 AP 00071176 MW SUBSTITUTE PERSONNEL & UNDERGROUND REP CONTRACT SERVICE 1001 - 4405 5,640.00 SUBSTITUTE PERSONNEL & HUMAN RESOURCES CONTRACT SERVICE 1022 - 4405 987.16 SUBSTITUTE PERSONNEL & UNDERGROUND REP CONTRACT SERVICE 2001 - 4405 6,593.02 SUBSTITUTE PERSONNEL & HUMAN RESOURCES CONTRACT SERVICE 2022 - 4405 987.17 SUBSTITUTE PERSONNEL & ENGINEERING - WTRLN, JULIE LN WTRLN, JULIE 2029 - 7067 - JULIE7 785.20 Check Total: 14,992.55 AP 00071177 MW SUNGARD BI -TECH INC. INFORMATION SYS SERVICE CONTRACT 1037 - 6030 150.62 User: MICHAEL Page: 14 Current Date: 10!30/2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 PAYMENT OF CLAIMS Vendor Name Department / Proj Name Description Acct# / Proi Code Amount Check Num Type SUNGARD BI -TECH INC. INFORMATION SYS TRAVEUMEETINGS 1037 - 6200 175.00 SUNGARD BI -TECH INC. INFORMATION SYS SERVICE CONTRACT 2037 - 6030 150.62 SUNGARD BI -TECH INC. INFORMATION SYS TRAVEL /MEETINGS 2037 - 6200 175.00 Check Total: 651.24 AP 00071178 MW SWAIN, CAROL INFORMATION SYS TRAVEL/MEETINGS 1037 - 6200 809.59 SWAIN, CAROL INFORMATION SYS TRAVEL /MEETINGS 2037 - 6200 809.59 Check Total: 1,619.18 AP 0007117Q MW TAHOE BLUEPRINT ENGINEERING - C CLUB TNK REPL TANK, COUNTRY CL 2029 - 7063 - CLUBTK 12.87 TAHOE BLUEPRINT ENGINEERING - ANGORA TNK REPL TANK, ANGORA 2029 - 7064 - ANGOTK 32.16 Check Total: 45.03 AP 00071180 MW TAHOE TRADING POST UNDERGROUND REP SHOP SUPPLIES 1001 - 6071 29.30 TAHOE TRADING POST UNDERGROUND REP SMALL TOOLS 1001 - 6073 60.44 TAHOE TRADING POST UNDERGROUND REP SAFETY /EQUIP /PHY 1001 - 6075 155.69 Check Total: 245.43 AP 00071181 MW THEISEN, CAROLYN FINANCE TRAVEUMEETINGS 1039 - 6200 41.00 THEISEN, CAROLYN FINANCE TRAVEL/MEETINGS 2039 - 6200 41.00 Check Total: 82.00 AP 00071182 MW TRPA ENGINEERING - TWIN PEAKS BS BSTR, TWN PEAKS 2029 - 7070 - TPBSTR 731.75 Check Total: 731.75 AP 00071183 MW TRPA ENGINEERING - TWIN PEAKS BS BSTR, TWN PEAKS 2029 - 7070 - TPBSTR 3,838.00 Check Total: 3,838.00 AP 00071184 MW UNIVERSAL HEALTH NETWORK SELF FUNDED INS ADMIN FEE 3000 - 6741 1,992.00 Check Total: 1,992.00 AP 00071185 MW US POSTMASTER GEN & ADMIN POSTAGE PPD 1000 - 0304 2,500.00 US POSTMASTER GEN & ADMIN POSTAGE PPD 2000 - 0304 2,500.00 Check Total: 5,000.00 AP 00071186 MW USA BLUE BOOK PUMPS UPGR FLL ES6,7 &9 1002 - 8712 2,319.86 Check Total: 2,319.86 AP 00071187 MW VERIZON DIAMOND VLY RNCH TELEPHONE 1028 - 6310 263.67 Check Total: 263.67 AP 00071188 MW WECO INDUSTRIES INC UNDERGROUND REP INFILTRTN /INFLOW 1001 - 6055 2,366.73 User: MICHAEL Page: 15 Current Date: 10 30 2008 Report: OH_PMT_CLAIMS_BK Current Time: 11:05:38 Vendor Name WEDCO INC WEDCO INC WEDCO INC WEDCO INC WESTERN ENERGETIX INC WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WINZLER & KELLY CONSULT ENGRS WISE CONSULTING & TRAINING WOOD RODGERS INC ZEE MEDICAL INC ZEE MEDICAL INC User: MICHAEL Report: OH_PMT_CLAIMS_BK Department / Proi Name ELECTRICAL SHOP ELECTRICAL SHOP ELECTRICAL SHOP ELECTRICAL SHOP GEN & ADMIN PUMPS PUMPS HEAVY MAINT HEAVY MAINT HEAVY MAINT HEAVY MAINT HEAVY MAINT ENGINEERING - ICR TMDL UNDERGROUND REP UNDERGROUND REP ENGINEERING - EFFLUENT EVAL ENGINEERING - TWIN PEAKS BS GEN & ADMIN GEN & ADMIN PAYMENT OF CLAIMS Description BUILDINGS PUMP STATIONS BUILDINGS PUMP STATIONS GASOLINE INV PUMP STATIONS UPGR FLL ES6,7 &9 PRIMARY EQUIP SECONDARY EQUIP GROUNDS & MNTC SHOP SUPPLIES BIOSOL EQUP /BLDG O2SYS/TMDL,ICR PIPE /CVRS /MHLS SMALL TOOLS REP EXP PUMPS BSTR, TWN PEAKS DIAMOND VLY RNCH - DVR NUTRIENT MG1 NUTR MGMT PLAN Page: 16 0 • * Acct# / Proi Code 1003 - 6041 1003 - 6051 2003 - 6041 2003 - 6051 1000 - 0415 1002 - 6051 1002 - 8712 1004 - 6021 1004 - 6022 1004 - 6042 1004 - 6071 1004 - 6653 1029 - 8605 ICTMDL 2001 - 6052 2001 - 6073 2029 - 7070 - TPBSTR SAFETY )0 - 6075 SAFETY 1 9 1 1 -% 0 1 • 7 0+ )0 - 6075 1,6?0•49+ 198.00+ Check Total: Check Total: Check Total: Check Total: 1029 - 8676 - EFFLEV Check Total: Check Total: 1028 - 8993 - DVRNUT Check Total: Check Total: Grand Total: Current Date: 1030.2008 Current Time: 11:05:38 Amount Check Num Type 2,366.73 AP- 00071189 MW 35.14 290.17 91.07 3,757.72 4,174.10 AP 00071190 MW 3,823.05 3,823.05 AP 00071191 MW 20.30 1,961.61 349.49 498.92 -43.08 74.72 52.93 105.23 13,467.32 13.62 16,501.06 AP 00071192 MW 97,807.46 97 AP- 00071193 MW 558.50 558.50 AP- 00071194 MW 9,425.78 9425.78 AP 00071195 MW 113.89 113.88 227.77 AP 00071196 MW 1,911,201.70 S o u t h T a h c e P.U.D. 10/10/08 I P CHECK REGISTER CHECK REtISIER Pa 1 FRI, OI:T 10, 2008, 2:56 FM - - -req: 'III - -- -leg: Cam, JL- - -loc: CNSTIE - -- -job: 421306 #S000- - - -p n: BK200 <1.19> rpt id: C RE - -- Che Payee ID. Payee Na re Late Check Anzunt Type Subs Rel lb Note AP00071036 T031 SIZEMORE, TIMJIHY GRAND TOTALS: Tbtal Void Nhire Written Tbtal Void Hand Written Tbtal Machine Written Ibtal Han Written Tbtal Reversals 'Ibtal Cancelled GRAND TOTAL 10/10/08 1,630.49 MA7 IP 0.00 0.00 1,630.49 0.00 0.00 0.00 1,630.49 Hunter of Checks Processed: Number of Checks Processed: Number of Check Processed: Number of Checks Processed: Number of Checks Processed: Muter of Checks Processed: 0 0 1 0 0 0 AP00070925 F71560 fiLLER, JCN C Total Cancelled GRAND TOTAL South Tahoe P.U.D. 10/09/08 wID, TYPED & A/P CHECK THU, OCT 09, 2008, 11:01 AM - - -req: CAROLYN - -- -leg: GL JL- - -loo: CI35TIE - -- -job: 421152 #J339---- pgm:�BK2'0 <1.19> rpt id: CEI Page - - Check Payee ID. Payee Ire GRAND TOTALS: Ibtal Void Machine Written Ibtal Void Hand Writtai 'Ibtal Madhine Written 'Ibtal Had Written Ibtal Reversals Date Check A Type Subs Rel'Ib Note 10/16/08 21.49 n / ° f 7 /( I'�r 0.00 0.00 0.00 0.00 21.49 0.00 21.49 RV 'IR Reversed Number of Checks Pressed: Number of Checks Processed: Nutter of Checks Processed: Nutter of Checks Promised: Number of Checks Processed: Niter of Checks Processed: 0 0 0 0 1 0 South Tfte P.U.D. 10/17 /08 wm, TYPED & REVERSED WP CHECK. RE3ISTEt Pa FRI, CCT 17, 2008, 11:29 PM - - -req: C 1-- - -1e�• GL : C1 TIE - -- -job: 421921 4J612-- - -pgm: E 200 <1.19> rpt id: C I RR- 1 Payee Name Date Check Prrotmt Type Subs Rai Tb Note Check Payee ID. AP00070742 E19851 AP00071037 V44941 SIAI'Y, WAND, cam, cam., GRAND TOTALS: Total Void Machine Written Tbtal Void Hazed Written Total Machine Written Tbtal Hand Written Total Reversals Ibtal Clled GRAND TOTAL 09/18/08 10/17/08 154.00 RV TR ).-98�00 RV TR 0.00 0.00 0.00 0.00 0 0.00 3,5e50 Reversed Reversed Nutter of Checks Processed: Number of Checks Processed: Number of Chocks Processed: Number of Checks Processed: Number of Checks Processed: Nunber of Checks Processed: -/ c., ///443- rz 0 0 0 0 2 0 Salth Tahoe P.U.D. THJ, CCT 16, 2008, 4:23 PM ---r: /O C N-- - -le P CB, Check Payee ID. AP00071037 V44941 wiTLER, - "GRAND TOTALS: i lbtal Void Machine Written 'Ibtal Void Hand Written Ibtal Machine Written Total Hand Written Total Reversals CHECK R EGISTER Jtr - -loc: CNSI E - - -- job: 421824 #5000---- p BE200 1.19> rpt id: C Pa -- 1 Date Check Pntunt. T Subs Rel To Note 10/17/08 198.00 Mil IP 0.00 0.00 198.00 0.00 0.00 Total Osocelled 0.00 GRAND TOTAL 198.00 At„, a/-Vor Number of Cocks Processed: NUtuber of Checks Processed: Number of Checks Pressed: Number of Checks Processed: Number of Checks Processed: Number of Checks Processed: 0 0 1 0 0 0 General MaM6M Richara H. 5olt1rig South Tahoe Public Utility District DINlCtOI'tJ Ernie CIaU<i1o Jtl~ ~. JClI1t\& MaIy Lou MoeI1~ Dille Fi:l6/l 1Z16 M8sdow Cre&t Drlv8 . South Lak6 Taho8 · CA 00160 Phone 550 544-6474 . Fax 550 541-0614 BOARD AGENDA ITEM 14a TO: Board of Directors FROM: Richard H. Solbrig, General Manager MEETING DATE: November 6, 2008 ITEM - PROJECT: Conference with Legal Counsel- Existing Litigation REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation: Meyers Landfill Site - United States of America vs. EI Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of California. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES---F--- NO CATEGORY: Sewer -65- In the face of the economic downturn, falling stock markets, and State of California raids upon Special District revenues, what steps are the Board of Directors taking to protect the ratepayers, who are also suffering fiscally? Other local Sewer and Water districts are taking steps to reduce their fiscal liabilities and minimize additional rate increases by hiring freezes, eliminating or consolidating existing positions, and calling upon management and labor to share the burden with ratepayers by freezing salaries, wages, and voluntary unpaid time off. How have the Districts financial reserves been affected by the stock market plunge? Is it prudent management to continue hiring and expansion during these trying times as if we are still in an expanding positive economy? Or is it more effective to delay projects or extend their time tables until the economy improves? Representing the ratepayers of the District, I would ask that the Board adopt a similar responsible stance to protect our District and ratepayers, conduct and scrutinize management salary discussions in the light of the current economic situation, realize that the C.O.L.A. is falling and not give into locking a C.O.L.A. percentage until later in negotiations, and delay the finalization of these contracts until after the first of the year to further grasp District revenue shortfalls and their effects. Delaying may save the District and thus ratepayers many thousands of dollars in salary expense over the next contract period. Be open to the fact that consultant studies of corresponding positions in similar districts tend to feed off themselves and spiral management and labor costs ever higher within the comparables. If STPUD position "A" receives a raise based on a consultants study, then all other positions within the comparison group are thus raised fractionally upon each successive comparison, etc., etc. Is not the relationship to comparable salaries for comparable positions within the supporting community more important than other districts in different areas? The salary differential between positions in the District, local government, and agencies, compared against the people whose taxes and fees support them is increasing and so are the misgivings of the community towards these entities. I would also ask the Board to examine all possible loss offsetting options available to them in Alpine County such as hydroelectric generation, leases for crop growth and grazing, and most importantly recycled water sales. The time is now to show you share the burden of this fiscal downturn and care about the ratepayers bearing it. Please consider them, do not simply continue the status quo and expect the ratepayers to continually pay the toll. Thank you, John W. Runnels, President Citizens Alliance ' ' - 1 1'- 0.d. Ga d i -x_ / i & , kit a, Ccwt -46 f -e - tivt,(./it EID iayo list grows $5 million budget cut needed; • discussions with employees under way Special to the Democrat Reorganization at El Dorado Irrigation District in September saved the district $1.1 million to $1.4 million annually, primarily by eliminating nine management positions and downgrading eight others. But to balance its 2009 budget EID will need to cut an additional $5 million, said General Manager Tom Gallier. "We face difficult decisions," said Gallier, "and the list of options includes the elimination of up to 40 posi- tions or more. Layoffs are the last resort, especially given the economic downturn in the county. We don't want to lose valuable knowledge and skills. Nor do we want to add to long unemploy- ment lines and to the ripple effects that job losses have on Main Street businesses. But it may be unavoidable." Gallier said he is discussing the following options with employees as the means to avoid layoffs. • Elimination of seven vacant positions for an estimated sav- TOM GAMIER see LAYOFFS, page A -8 LAYOFFS ings of $600,000 in salaries and benefits. Elimination of 12 -15 posi- tions'' through an incentivized e21y retirement program offred by CaJPERS, the dis- triQt's retirement system. This wciuld- save approximately $1.4 million: about two weeks of unpaid ftt'toughs for all employees, estimated to save $1 million. • Elimination of 2009 cost -of- livig allowances and merit inc*ases for all employees, at an ditional savings of around $1 amillion. ne million dollars equates to salaries and benefits for 10 to 12" ,positions at the district," Gallier said. "So for every. $1 miltion, 10 to 12 people could losd their jobs. I'm open to any ides, but the options I've iden- tifi4d are the biggest cost - sav rs" allier said he has no plans to pro ose new rate increases to hri e the existing 2009 budget ga noting that "in these bad eco omic times, we want to do all ewe can to cut our budget, w e avoiding layoffs and rate increases. Of course. a major chafige in circumstances may make that goal impossible to achieve." As an example of a major change, Gallier pointed to the growing threat that the state — in trying to balance its own budget — may once again take local property tax revenues away from special districts like EID. "Gov. Schwarzenegger has announced he will call a special legislative session as early as next week to deal with what he says is a $3 billion debt that could rise to $10 billion," Gallier said. "If the state does take our property tax revenues to help bring down that debt, it would mean a loss of more than $10 million to us." "There is no doubt that if we lose upward of $10 million in property tax revenues, we will have to ask our customers to help replace that loss." Gallier added. "It could mean a sur- charge of up to 30 percent on their water rates, their recycled water rates, and their wastewater rates. And we wouldn't be able to lift the surcharge until, or if. the state pays us back. "Rather than taxing citizens directly, state legislators would be forcing local agencies like us to do that work for them" continued from A -1 The additional $5 million budget cut is needed to account for the following. • A sudden $3 million jump in the amount of interest the dis- trict must pay on existing and anticipated new debt that finances a number of critical projects. The higher interest rates are a direct result of the mess on Wall Street that is impacting local governments and businesses across the coun- try. • A $1 million decrease in property tax revenues as com- pared to last year. The decrease is not related to the potential state grab of the district's prop- erty tax revenues. Instead, it is mostly due to declining property valuations in the county. • A $1 million drop in revenue from the district's hydroelectric power generation system because of the drawdown at Caples Lake this year to fix badly deteriorated outlet works at the main dam.