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AP 12-18-08 SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, December 18,2008 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South lake Tahoe, California Richard Solbrii' General Manaier Mary Lou Mosbacher, President BOARD MEMBERS Paul~ciuto, Assistan~General ~anaf~ Dale Rise, Vice President James R. Jones, Director 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. Engineering Department 2009 Project Pg. 65 Priority List (Jim Hoggatt) Approve Priorities b. 2008 Tata Lane / Granite Mountain Waterline Pg. 69 Replacement (John Thiel) (1) Approve Change Order NO.1 for Cruz Excavating, in the Amount of $10,582.50; and (2) Approve the Partial Closeout Agreement and Release of Claims; and (3) Authorize Staff to File a Partial Notice of Completion with the EI Dorado County Clerk REGULAR BOARD MEETING AGENDA - DeCEMBER 18, 2008 PAGE - 2 c. 2008 AI Tahoe Waterline Replacement Pg.83 (John Thiel) d. Pg.99 2:30 P.M. PUBLIC MEETING Twin Peaks Booster Station and Waterline Replacement (John Thiel) e. Pg. 103 Memorandum of Understanding Between the South Tahoe Public Utility District and the Management Staff of the District (Richard Sol brig) f. Payment of Claims Pg. 105 g. Election of Board Officers Pg. (Kathy Sharp) 121 h. Election of Board Officers Pg. (Kathy Sharp) 125 (1) Approve Change Order NO.4 for Cruz Excavating, in the Credit Amount of <$52,344>; (2) Approve the Partia'l Closeout Agreement and Release of Claims; and (3) Authorize Staff to File a Partial Notice of Completion with the EI Dorado County Clerk (1) Hold a Public Meeting to Receive Any Comments on the Initial Study and Negative Declaration of Environ- mental Impact; (2) Certify the Negative Declaration of Environ- mental Impact; (3) Approve the Additional "De Minimis" Finding that the Project will have no Effect on Wildlife Resources; and (4) Authorize Staff to Submit a California Department of Fish and Game Certificate of Fee Exemption Approve Proposed Changes to Management Staffs Memorandum of Understanding Approve Payment in the Amount of $1,376,030.92 Elect a Board President for 2009 Calendar Year Elect a Board Vice President for 2009 Calendar Year 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) 9. EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVES REPORT 10. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken) REGULAR BOARD MEETING AGENDA - DECEMBER 18, 2008 PAGE - 3 11. GENERAL MANAGER REPORTS (Discussions may take place; however, no action will be taken) a. Integrated Regional Water Management Plan & Proposition 84 12. STAFF I ATTORNEY REPORTS (Discussions may take place; however, no action will be taken) a. Legislative Update (Cocking) 13. NOTICE OF PAST AND FUTURE MEETINGS I EVENTS Past Meetinas I Events 12/02/08 - 12/05/08 - ACW A Conference 12/10/08 - EI Dorado County Water Agency Meeting 12/15/08 - 12/18/08 - District Training Days 12/15/08 - Water and Wastewater Operations Committee Meeting Future Meetinas I Events 12/24/08 - Union Holiday (District Office Closed) 12/25/08 - Christmas Holiday (District Office Closed) 12/30/08 - 2:00 p.m. - STPUD Regular Board Meeting at District 01/01/09 - New Year's Holiday (District Office Closed) 01/12/09 - 3:30 p.m. - Water and Wastewater Operations Committee Meeting at District 01/14/09 - 9:00 a.m. - EI Dorado County Water Agency Regular Meeting 01/15/09 - 2:00 p.m. - STPUD Regular Board Meeting at District 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. 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 b. Pursuant to Government Code Section 54957.6(a)/Conference with Labor Pg. Negotiators Agency Negotiators: General Manager, Board of Directors Employee Organization: STPUD Management Staff 15. ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16. ADJOURNMENT (To the next regular meeting, December 30, 2008, 2:00 p.m.) CONSENT CALENDAR DECEM BER 18, 2008 ITEMS . . a. Tahoe Regional Planning Agency (TRPA) Pg. 1 Mitigation Payment (Debbie Henderson) b. Forest Mountain Booster Station - Generator Pg.5 (Randy Curtis) c. Biosolids Disposal Agreements Pg.13 (Ross Johnson) d. Arrowhead Well Arsenic Treatment Facility Pg.15 (Ivo Bergsohn) e. Computerized Maintenance Management System Pg. 17 (CMMS) (Wanda Stanley) REQUESTED ACTION ", , Authorize Payment to TRPA for 5% Mitigation Fee on New Sewer Connections, in the Amount of $36,937.56 (1) Find that MTU Onsite Energy Generators Should be Standard at this Pump Station; (2) Find that Nevada Generator Systems is the Sole Area Supplier; (3) Waive Bidding Procedures, as Outlined in the District's Purchasing Policy, for Standardized Equipment from the Sole Area Supplier; and (4) Approve Purchase of One MTU Onsite Energy Generator (formally Katolight) Model SD125PJ6T) Quote from Nevada Generator Systems, in the Amount of $32,700, Plus Tax Approve Exercising the First Five Year Renewal Option in Agreements with Both Bently Agrodynamics and Tahoe Basin and Container Authorize Staff to Advertise for Bids for the Construction of the Proposed Water Treatment Facility at 1961 Arrowhead Avenue, Meyers, EI Dorado County, Ca. Approve Task Order 7a Amend- ment to Arete Systems, to Provide Additional Consulting and Support Services, in the Estimated Amount of $4,210 CONSENT CALENDAR - DECEMBER 18, 2008 PAGE-2 f. Julie Lane Waterline Replacement Pg.27 (Jim Hoggatt) (1) Approve Change Order NO.2 for Doug Veerkamp General Engineer- ing, in the Amount of $34,649.83; (2) Approve the Project Closeout Agreement and Release of Claims; and (3) Authorize Staff to File a Notice of Completion with the EI Dorado County Clerk g. Diamond Valley Ranch Master Plan and EIR Pg.39 (Jim Hoggatt) (1) Approve Amendment NO.3 to Stantec Consulting Inc., Task Order No.4, in the Amount of $59,044.20; and (2) Approve Proposal by Hauge Brueck Associates, in the Amount of $72,742.00, for Additional Work to Complete the Master Plan h. Pg.57 Regular Board Meeting Minutes: November 20,2008 (Kathy Sharp) Approve Minutes i. Pg.61 Regular Board Meeting Minutes: December 4, 2008 (Kathy Sharp) Approve Minutes 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 ofthe 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. 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 ~IMA~ Riclulra H. 601l1rit South Tahoe Public Utility District Dlrecton; Ernie CIaw:lIo J~ It JOI1Clf) Mary Lou ~ Dale Ii:lH 1275 M~Cns6t Drive · South Lake1"hoe · CA 96'60 Pho"e 530 544-6414 . Fax 630 541..oe14 BOARD AGENDA ITEM 4a TO: Board of Directors FROM: Debbie Henderson, Accounting Manager MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: Tahoe Regional Planning Agency (TRPA) Mitigation Payment REQUESTED BOARD ACTION: Authorize payment to TRPA for 5% mitigation fee on new sewer connections, in the amount of $36,937.56. DISCUSSION: Per the 1995 signed Memorandum of Understanding between TRPA and numerous agencies, including South Tahoe Public Utility District, section D ii ' requires the District to pay 5% of all new connection fees on or before December 31, of the year in which the connections have been made. SCHEDULE: Annual COSTS: 2007/2008 - $36,937.56 ACCOUNT NO: 1000-6634 BUDGETED AMOUNT REMAINING: $198,455.00 ATTACHMENTS: 12/07-11/08 Transportation Mitigation Report CONCURRENCE WITH REQUESTED ACTIOON: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES~ NO -1- CATEGORY: Sewer December -07 1 12,368.00 618.40 $618.40 January-08 2 17,852.00 892.60 $1,511.00 February 0 0.00 0.00 $1,511.00 March 0 0.00 0.00 $1,511.00 April 0 0.00 0.00 $1,511.00 May 8 112,844.00 5,642.20 $7,153.20 June 7 87,930.00 4,396.50 $11,549.70 July 6 73,850.00 3,692.50 $15,242.20 August 7 309,272.00 15,463.60 $30,705.80 September 3 39,772.00 1,988.60 $32,694.40 October 5 84,863.00 4,243.16 $36,937.56 November 0 0.00 0.00 $36,937.56 $36,937.56 GenMaI~ RIchard H. 5oltn1e South Tahoe Public Utility District Dfl'tlCtOl'& EnlIIiClawlio J.t". ft JOMe MMty Lou ~ DaltIRl. 1215 Mssdower.t. Driva · South Labt Tah~. CA 961!50 P'hoM 550 544--64-14. Fax 530 5+1-0614 BOARD AGENDA ITEM 4b TO: Board of Directors FROM: Randy Curtis, Manager of Field Operations MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: Forest Mountain Booster Station - Generator REQUESTED BOARD ACTION: (1) Find that MTU Onsite Energy generators should be standard at this pump station; (2) Find that Nevada Generator Systems is the sole area supplier; (3) Waive bidding procedures, as outlined in the District's Purchasing Policy, for standardized equipment from the sole area supplier; and (4) Approve purchase of one MTU Onsite Energy Generator (formally Katolight) Model SD125PJ6T quote from Nevada Generator Systems, in the amount of $32,700.00 plus tax. DISCUSSION: This gen-set is to replace fire pump and motor that was ruined in the 2007 Angora fire. The new generator is to power the new electric pump and motor. All installation is to be done in-house by District crews. The District's insurance company, Alliant Insurance, has already provided a partial payment in the amount of $33,744.85 to replace the fire pump/motor/generator. The remainder will be paid after final invoices have been submitted. The Board authorized standardization of Katolight Generators (25KW to 300 KW) during the January 5, 2006, Board meeting due to their reliability, the operational familiarity of staff, and part interchangeability. The Katolight name has since changed to MTU Onsite Energy, but Nevada Generator Systems remains the sole area supplier of the generators. The District's Purchasing Agent has reviewed this item. -5- Randy Curtis December 18, 2008 Page 2 SCHEDULE: As soon as possible COSTS: $32,700.00 plus tax ACCOUNT NO: 2002-7073 BUDGETED AMOUNT REMAINING: $0 ATTACHMENTS: Quote from Nevada Generator Systems, 1/5/06 agenda item, Letter from Nevada Generator Systems CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES--F- NO CATEGORY: Water -6- \5oPt il-d wt ~;~:\.-' , o-"'J"L -- 'I)V~. 0 ~--c: ~ Nevada Generator Systems 1520 Glendale Avenue Sparks, Nevada 89431 775-356-8010 775-356-8017 (fax) Proposal November 20, 2008 Paul South Lake Tahoe P.U.D. 1275 Meadow Crest Drive South Lake Tahoe CA 96150 530/~74(Phone) 5301544-6359 (Fax) Nevada Generator submits the following proposal for the project: 125kW, Diesel Fueled, Open Engine Generator Set with a 200 AMP Automatic Transfer SwItch. MTU ONSllE ENERGY MODEL: (Qty - 1) - SD125PJ6T3 GENERATOR: 125 kW, 156.2 kVA VOLTAGE: 120/208 ACV 3-Phase (P) ENGINE: John Deere 6068HF28S, DIesel Open Power, 60 Hz, 1800 RPM Standard Features Included: Microprocessor based, digital readout control system. Engine vitals monitored by LCD display: Oil pressure, Running time, Engine temperature, Safety shutdowns (HWT, DC, OS, OP, LWL), Battery voltage, Generator AC voltage, AC amperage, Frequency. Additional Features: Oil drain extension, Vibration isolation pads, Water heater, Fuel solenoid valve. Selected Model Features Included: Isochronous Govemor + 1- .25% Onstalied) UL2200 and CSA Approved 2 (Two) Year /3000 Hour Basic Standby Limited Warranty See Circuit Breaker Option - Auxiliary Contact See Circuit Breaker Option - Shunt Trip (File #: 541/ Catalog #: 80020615) CONTROL PANEL: MTU Microprocessor Control Panel (KDGC 2020 . Expanded) The expanded MTU Digital Genset Controller (KDGC-2020) utilizes microprocessor based technology to provide a versatile system for genset control, protection, monitoring and event logging. The KDGC-2020 expanded model with standard LCD heater includes touch screen password protected programming capabilities and a standard USB communications port for re- programming and simple loading of software upgrades. This version is equipped with generator metering, engine monitoring, genset control, engine protection, generator protection (27, 59, 810, 81U), BESTCOMSPlus PC software, automatic transfer switch control, suitable for use on rental gensets with HilLo line sensing or Single or three phase sensing override, SAE J1939 Engine ECU communications, multilingual capability, remote communications to the KRDP-110 Remote Annunciator, 16 programmable contact inputs, 15 contact outputs (3- 30Adc and 12 programmable 2 Adc), UL recognized, CSA certified, CE approved, HALT (Highly Accelerated Life Tests) tested, IP 54 Front Panel rating with integrated gasket, NFPA110 Level Compatible. COOLING SYSTEM: Unit Mounted Radiator CIRCUIT BREAKER: 500 AMP 1201208 Three Phase. Mounted and Wired In a NEMA 1 Enclosure (Qty: 1) Included Accessories: Shunt Trip -7- BATTERY: Lead Acid Battery 1000 CCA @ 0 F BLOCK HEATER: Standard @-2O F 2600 Watts (Mounted and WIred to Tennlnal StrIp) VIBRATION ISOLATION: Vibration Pads BATTERY CHARGER: SP Series -12/6 (12 Volt, 6 Amp) Included Accessories: Mount Battery Charger and Wire AC & DC MUFFLER: Critical Muffler Mounted On UnIt Standard mufflers are side inlet - end outlet SUB BASE TANK: 24 Hour - 300 Gallon Capacity - For Open Powered Unit AUTOMATIC TRANSFER SWITCH: ASCO 300 Poles: 3 3003200C Amps: 200 (Qty: 1) Included Accessories: WARRANTY - Two (2) Year Basic ATS Standby Limited Warranty NEMA-1 MISCELLANEOUS: Paint - MTU Grey Testing - Standard Commercial Test Manual - One Instruction Manual Startup and Commissioning Service NOTES: 1. This proposal Is our Interpretation of your requIrement and includes only the Items listed. Should there be other requirements or specifications, we will requote accordingly. 2. Seller reserves the privIlege of requoting upon receipt of written specifications and drawings. 3. We take a general exception to competing manufacturer's proprietary components, methods of manufacture, testing or fabrication. This proposal Is based upon providing a functional equal that Is manufactured to current Industry standards. 4. Local regulatory agencies have final jurisdIction regarding pennlts at the time of application. Any requIred equipment or control devices that are not Included In the bill of materials of this proposal are not Included In the quoted price. 5. Taxes, Pennlts or Licenses are not Included In this proposal. 6. OffIoadlng or Installation of equipment Is by others unless specifically Included In the bill of materials of this proposal. ' 7. Fuel for any purpose Is not included in this proposal and Is by others. 8. Fees for cancelled. changed or returned orders will be charged to the buyer based upon our cost 9. Material is Invoiced from date of shipment from the manufacturer and upon approval of credit Is payable In full 30 days afterward. All risk of loss passes to the buyer as soon as goods are loaded on the carrier. 1.5% per month will be added to past due balances. 10. Current estimated delivery schedule Is 10 to 12 weeks upon submittal approval and release to production. This Is subject to change. We are not liable for losses or delays occasIoned by circumstances that are beyond our direct control. 11. FOB South Lake Tahoe, CA AAAAAAAAAAAAAAAAAAAAAAAAAA.U.....AAAAlulA&AAAA"...AAAAAAAA -8- Proposal Summary: TOTAL PROPOSAL PRICE: $ 32,700.00 ***AAAAAAAA~AAA*A~AAAAAA***A~~A*AAAAAAAAAA*AAAAAAA*~*AAAAAA****AAA Quoted prices do not include Federal, State or Local taxes which may be applicable. Quoted prices include nonnal testing, packaging and Instructlonallit8rature. Special testing, packaging, additional Instructional literature, parts, provisioning lists or prints are not included, and prices will be quoted separately. Quotation Finn For 30 Day(s) Delivery Notes: BY: Nevada Generator David Bardelli -9- General Manaeer Ii:Ichard H. 501'"'9 South .Tahoe Pu'blic Ut~lity District Directors Tom Comte Jame5 R. Jones Mary Lou M05baGher Duane: Wallace Eric Schafer 1275 Meadow Crest Drive. South Lake Tahoe. CA 96150-7401 Phone. 530 544-6474. Fax 530 541-0614. www.stpud.us BOARD AGENDA ITEM 4b TO: FROM: Board of Directors f 11D31 Randy Curtis, Manager of Field Operations MEETING DATE: January 5,2006 ITEM - PROJECT NAME: Portable 125 kW~5et 1 REQUESTED BOARD ACTION: (1) Waive bidding procedures, as outlined in the District's Purchasing Policy, for sta,ndardized ~quipment from the sole area supplier; and (2) Approve purphase of on~li9ht ~nerator (model D125FRJ4,T_2J.~ "'a,Generator Systems, Inc., in the amount of $38,100, plus tax and~lng. PotJ ~ \ DISCUSSION: A new portable generator is needed to replace the 1984 genset, which can no longer meet California emission standards. During the last ten formal bid processes for gensets, the District has purchased Katolight models from Nevada Generator Systems, Inc., which is the sole area supplier for Katolight generators. These gensets have proven to be very reliable, and the supplier is readily aVCl.t~.~l~ in Reno to provide technical service and support if needed. Staff wishes to standardize Katolight models for all purchases of small portable and pump station generators due to their reliability, the operational familiarity of staff, and part interchangeability. The District's Purchasing Agent has reviewed this item. ~1J-5~ ~~ if~.$:;~f.N-- ~ .0) ~}Y.",vL ~J~~ ~~~ SCHEDULE: ASAP COSTS: $38,100 plus tax and shipping ACCOUNT NO: 2005-8685 BUDGETED AMOUNT REMAINING: $60,000 ATTACHMENTS: Proposal from Nevada Generator dated December 16, 2005, and staff memo dated November 28, 2005. CONCURRENCE WITH REQUESTED ~}'ON: GENERAL MANAGER: YES e- NO CHIEF FINANCIAL OFFICER: YESI111:i-tY fUTl:- NO CATEGORY: Water -10- -7- Nevada Systems 1620 Glendale Ave. Sparks, Nevada 89431 775-366-8010 ~,p) , ~<6t/ "# November 25, 2008 Mr. Paul Carrion South Lake Tahoe P.U.D. 1275 Meadow Crest South Lake Tahoe, CA This Is to clarify the Company name change from MTU Onslte Energy Is a subsidiary of Tognum Group who purchased Katollght '" April,2007. Katolight,-.ow Joins the family of MTU Detroit Diesel, MDE Cogeneration and CFC Hot Module Fuel Cells, all of which are now marketed under the name MTU Onslte Energy. Engineering, manufacture, components, training etc. Of Katollght Generator Sets has not and will not change. Allis stili under Katollght facilities and management The only difference Is that Katollght will now be marketed under the name MTU Onslte Energy. Please feel free to contact me at any time with questions. Sincerely, David Barelent, President Generator Systems, Inc. -11- ~I M.tn.,. Rlch.trd H. 50lbrle South Tahoe PubUc Utility District DirtJatont EI'ftI4 Clauetlo .Jmntlll R. JMee M.try Lou ~ O-'e Rhw: 1215 Madow Creet Driv~ · 50tlth LSbJ Tahoe. CA 96160 Phone 530 544-0474 · Fax 530 641-0614 BOARD AGENDA ITEM 4c TO: Board of Directors FROM: Ross Johnson, Manager of Plant Operations MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: Biosolids Disposal Agreements REQUESTED BOARD ACTION: Approve exercising the first five year renewal option in agreements with both Bently Agrodynamics and Tahoe Basin and Container. DISCUSSION: The District has separate contracts with Tahoe Basin Container (TBC) and Bently Agrodynamics (Bently) for biosolids hauling and composting respectively. The contracts run concurrently and are up for the first of three five year renewal options on April 15, 2009. TBC is proposing a 21 % increase with annual 3% increases thereafter. Bently is proposing a 47% increase held for the five year term. 2008 Costs 2009 costs (actual) % increase (estimated) Tahoe Basin Container $106,510.65 21.36% $129,261.32 Bently $38,367.11 47.36% $56,537.77 TOTAL $144,877.76 $185,799.10 SCHEDULE: Documents complete before April 15, 2009. COSTS: Will add about $12,000 to the 2008 budget. ACCOUNT NO: 1006-6652 BUDGETED AMOUNT REMAINING: $127,627 (as of 10/30/08) ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES~3.N0 CATEGORY: Sewer G.s!'!mll ~. RiGhard H. 5ol17r1t South Tahoe Public Utility District Pirector& Erftie Clatldlo ~1It JoMt M~ Lou MofW.adt.er DtlItJ RJee tZ1!5 MtISdow Crest DrIvt: · South Lake Tahoe · CA 961!5C Phono 550 544--6414 . Fax 630 541-Q61.l BOARD AGENDA ITEM 4d TO: Board of Directors FROM: MEETING DATE: Ivo Bergsohn, Hydro-Geologist December 18,2008 ITEM - PROJECT NAME: Arrowhead Well Arsenic Treatment Facility REQUESTED BOARD ACTION: Authorize staff to advertise for bids for the construction of the proposed water treatment facility at 1961 Arrowhead Avenue, Meyers, EI Dorado County, California. DISCUSSION: The water treatment facility will involve the piping demolition, site fencing and tree removal; construction of a single 960 square-foot treatment building and about 350 linear feet of new fencing; installation and connection of new piping to and from the water treatment facility; installation of a pre-purchased 1,000 gallon per minute adsorptive media treatment system for the removal of arsenic from groundwater; and painting of existing facilities and site landscaping. The water treatment facility is required to attain compliance with the Federal Arsenic Rule for continued operation of the Arrowhead Well No.3. Staff proposes the following schedule: . Advertise for bids starting . Mandatory Pre-Bid Conference . Bid Opening . Bid Review . Board Award Contract . Notice of Award . Notice to Proceed . Start Construction . Complete Construction January 8, 2009 January 27, 2009 February 11 , 2009 February 12, 2009 to February 18, 2009 February 19, 2009 February 20,2009 March 10, 2009 May 1, 2009 October 15, 2009 -15- Ivo Bergsohn December 18, 2008 Page 2 SCHEDULE: (as above) COSTS: $1,198,300 (estimated) ACCOUNT NO: 2029-8864/ARSNIC BUDGETED AMOUNT REMAINING: $1,094,359 ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES-'!JII--- NO CHIEF FINANCIAL OFFICER: YESf- NO -16- CATEGORY: Water Gttntnl ~ ~rd H.5ollwfe South Tahoe Public Utility Dietrict Dlrector& EmleC~1o ~m.1t Jon. Marylou MoDACher D.1IfoRJ. 1275 M..dowC~ DrIve · South Lake iahoe · CA 96160 Phone 530 544-6474 . Fax 530 541-0614 BOARD AGENDA ITEM 4e TO: Board of Directors FROM: Wanda Stanley, Engineering Specialist MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: Computerized Maintenance Management System (CMMS) REQUESTED BOARD ACTION: Approve Task Order 7a amendment to Arete Systems, to provide additional consulting and support services, in the estimated amount of $4,210. DISCUSSION: This task order includes work to generate database exports to populate the CMMS and integrate with the Geographic Information System (GIS). This activity was unanticipated during the original project scoping because it was assumed that the CMMS would connect directly to the ArcSDE database, which it does not. This requires periodic geodatabase exports throughout the implementation phase, for now. This amendment also provides for increases for unanticipated level of effort required for modifications necessary to the geodatabase structure for CMMS integration and greater than anticipated coordination activities with the CMMS vendor and the District during CMMS population and implementation. Anticipated tasks are outlined in the attached Scope of Work and will authorize an increase in purchase order P20570 accordingly. SCHEDULE: December 18, 2008, through June 30, 2009 COSTS: $4,210 (estimated) ACCOUNT NO: 2037-8982 BUDGETED AMOUNT REMAINING: $33,685 ATTACHMENTS: Arete Systems Task Order No. 7A, Scope of Work, Budget CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES~ NO CATEGORY: Water -17- Ar e t e . , ..............~ -.- E::::: ............ ~ 220 Alamo Ave. Santa Cruz, CA 95060-3004 831-420-0772 Ms. Wanda Stanley South Tahoe Public utility District 1275 Meadow Crest Dr. South Lake Tahoe CA 96150 3 November 2008 Dear Ms. Stanley: As requested, please find attached a proposal for scope and budget modifications to Task order #7, Data Management and GIS Services in support of the Maintenance Connection CMMS implementation effort. These modifications are requested due to unanticipated circumstances as detailed below. They include budget additions due to greater-than- anticipated level of effort on several tasks, and the addition of a new project task: Task 6, Geodatabase exports. The scope of work for this new task is attached, and covers generating database exports to populate the CMMS and integrate with the GIS. This activity was unanticipated during the original project scoping because it was assumed that the CMMS would connect directly to the ArcSDE database. During the performance of this Task Order, it was found that the CMMS would not connect directly to ArcSDE, and will require periodic geodatabase exports, at least during the implementation phase. This proposal also includes budget increases for Tasks 1, 2,4, and 5. These are requested due to unanticipated level-of-effort required for 1) for modifications necessary to the geodatabase schema for CMMS integration, and 2) greater-than-anticipated coordination activities with the CMMS vendor and the District during CMMS population and implementation. -19- The budget increases are detailed in the attached revised estimate. The scope of the new Task 6 is attached as well. Finally, I have included a status report reflecting the effect of these changes on the project budget, should you decide to implement them. As always, if you have any questions regarding these proposed modifications, please do not hesitate to call me at 831-420-0772. Sincerely, Alexander M. Johnson, P.E. Encl: Cost Estimate Scope of work modification Budget Stams Report -20- STPUD FY 08 -09 CMMS Integratlon support Cost Estimate, 1 November 2008 Estmaa der 1 2 CMMS Implementation Support Total Labor costs 105 106 80 Task -- _ - -_ - 88 8888 - 6 0 0 0 C - 1 Mod i existin • schema for CMMS needs. 2 Review and update GIS Domains (valid- vlalue lists) to 2 940.00 2 940.00 - 1 680.00 1 260.00 12.0 match CMMS. 1 280.00 1 280.00 •.00 8.0 •.00 8.0 3 Review CMMS GIS viewer o • tions. 4 840.00 : 0.00 840.00 8.0 • .00 Coordlation with CMMS vendor durin • im • lementatlon. 2 520.00 2 520.00 - 1680.00 18.0 0.00 8.0 5 Coordination with District durin • im • Iementation. GeoDatbase 520.00 2 520.00 - 1 680.00 16.0 000 8.0 6 Ex • • rts $630.00 . •.00 _ $0.00 -_ 630.00 6.0 TOTAL $10.730.00 $10,730.00 $5.880.00 56.00 8.00 $3.570.00 34.00 8.00 STPUD FY 08 -09 CMMS Integratlon support Cost Estimate, 1 November 2008 South Tahoe Public Utility District Fiscal Year 2008-2009 CMMS System Implementation Support Sco"e of Work, Change Order #1 Summary: This change modifies the original Scope of Work for the CMMS System Implementation Support project, initiated under Task Order #7 of the Master Services agreement dated 19 July 2007. The Scope of Work is modified to add a new task, Task 6, immediately following the section entitled "Task 5. District implementation coordination". The scope of the new task is as follows: Task 6. Geodatabase eXDOrts Contractor will provide exports of the District geodatabase to the CMMS vendor and/or to District personnel in support of the CMMS implementation. Multiple exports will be necessary, and each may include all or only some of the layers in the geodatabase. The database exports will be provided in shapefile, personal geodatbase, or file geodatabase format, as specified by the District project manager. The layers to be included in each export will also be specified by the District project manager. Because multiple exports will be necessary for testing and configuration during various phases of the project, the contractor may develop automated or partially automated routines to facilitate efficient production of the export data. -22- STPUD FY 08.09 CMMS integration support Budget Status (Proposed), 1 November 2008 'Mk order *7 minwommina ERR �.. ...., _ ".'.' " " "" IPRIM fafi tl F7lrirlEilFl ►IF:rl fi r• �•. -= VA 0.00 0.00 � �iDb�lAQrlEiXiFE4�� CHMElmilsmintallsmisugma Task 1 Modify existing scheme for CMMS Actual Cost Earned Cost Difference 1 00703130 *00703131 *00703134 (Total Billed (%compl x (Budget Remaining 8/10/08 9/2/08 10/30/08 to Date) %co late Du Status) Task Bud Balance ARETE SYSTEMS TASK ORDER NO. 7 A CONSULTING SERVICES This Agreement is made and entered into as of the 18th day of December 2008 by and between South Tahoe Public Utility District, hereinafter referred to as "DISTRICT" and ARETE SYSTEMS, hereinafter referred to as "CONSULTANT". In consideration of the mutual promises, covenants, and conditions as addressed in the Master Agreement dated July 151, 2007 and as specifically hereinafter set forth, the parties do hereby agree as follows: I. PURPOSE The purpose of this Task Order is to amend original Task Order No.7. 2. SCOPE OF WORK The items of work include generating database exports to populate the CMMS and integrate with the GIS. This activity was unanticipated during the original project scoping because it was assumed that the CMMS would connect directly to the ArcSDE database. Other tasks include unanticipated level of effort required for modifications necessary to the geodatabase schema for CMMS integration and greater than anticipated coordination activities with the CMMS vendor and the District during CMMS population and implementation. 3. STAFFING Staffing will be under the direction of Alexander Johnson, P.E., Principal. CONSULTANT shall not change staffing without approval by DISTRICT. Any changes shall provide for equivalent qualifications as far as possible and practical. 4. TIME OF PERFORMANCE The work items will be performed between December 18, 2008, and June 30, 2009. 5. PAYMENT Payment to CONSULTANT for services performed under this Task Order shall be at a rate of $1 05.00 per hour for the GIS/Database Architect rate and $80 per hour for the GIS Analyst rate. Any other staff will be charged in accordance with CONSULTANT'S fee schedule for the person assigned to the project task. The costs forthis Task Order Amendment are $4,210 and will not be exceeded except as provided in Article IV of the Master Agreement. -24- 6. lABOR CODE REQUIREMENTS All State of California prevailing wage laws must be complied with in the performance of work related to this Task Order. These include, but are not limited to, labor Code Sections 1720 through 1860. 7. EFFECTIVE DATE This Task Order No. 7A will become effective upon execution by both parties and shall serve as a Notice to Proceed upon execution by District. IN WITNESS WHEREOF, this Agreement is executed by the General Manager and Clerk of the Board of the South Tahoe Public Utility District, and CONSULTANT has caused this Agreement to be executed the day and year first above written. Richard Solbrig, General Manager SOUTH TAHOE PUBLIC UTILITY DISTRICT December 18, 2008 Alexander Johnson, P.E., Principal An~te Systems -25- Gcmeral ....~ Rlctlsrd H. 50ltlrfe South Tahoe PubUc Utility District OirllCtOr9 Ernie ClatUllio ~ R. JOttM Mary Lou ~Mr Daltl Rle 1215 MeatAow Crae1i 0,. - South La~ Tah06- CA ee1f50 Phon, !530 544-6474 . Fax 530 541-0614 BOARD AGENDA ITEM 4f TO: Board of Directors FROM: Jim Hoggatt, Construction Manager/Engineer MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: Julie Lane Waterline Replacement REQUESTED BOARD ACTION: (1) Approve Change Order No.2 for Doug Veerkamp General Engineering, in the amount of $34,649.83; (2) Approve the project Closeout Agreement and Release of Claims; and (3) Authorize staff to file Notice of Completion with the EI Dorado County Clerk. DISCUSSION: The itemized parts of Change Order No.2 are as follows: Part A, in the amount of $15,887.20, is for the adjustment of the bid quantities to final quantities. Part B, in the amount of $845.30, is for the additional pot holing that was required to locate the existing 8-inch water main at the intersection of Lake Tahoe Boulevard and Julie Lane. This work was performed on a time and material basis. Part C, in the amount of $216.41, is for the relocation of the existing water service at 1073A Julie Lane that conflicted with the installation of the new waterline. Part D, in the amount of $1 ,218.95, is for removal of an existing abandon 24-inch storm drain that was not shown on the plans and conflicted with the new 8-inch water main. Part E, in the amount of $2,625.14, is for changing the pipe material and fittings from a 6-inch to 8-inch, The contract drawings showed the existing waterline to be a 6-inch waterline. When it was exposed in the field it was discovered to be an 8-inch. Part F, in the amount of $5,446.60, is for the extra dewatering required at the intersection of Julie Lane and Lake Tahoe Boulevard. Part G, in the amount of $1,125.93, is for the cleanup and repair of the unmarked % inch water service damaged during construction on Panther Lane. Part H, in the amount of $134.38, is for an additional restrained joint that was required to be installed at station 8+62.02. Part I and Part J, in the amounts of $710.68 and $1,054.11 respectively, are for repairs to the sewer laterals at 757 and 775 Panther Lane that were unmarked in the field. -27- Jim Hoggatt December 18, 2008 Page 2 Part K, in the amount of $5,385.13, is for repair to the existing sewer main on Julie Lane. District crews TV'd the existing sewer main on Julie Lane after the contractor completed installing the new water main and found a water service had damaged the sewer main. After the contractor exposed the sewer main it was discovered the water service that damaged the sewer main was the original service not the one the contractor had installed. District staff had the contractor repair the sewer main on a time and material basis. Staff has held a final inspection on the Julie Lane and Panther Lane Water Line Replacement projects and found that Doug Veerkamp General Engineering has completed all the requirements of the contract documents. Staff recommends approval of the project Closeout Agreement and Release of Claims, and the filing of the Notice of Completion with EI Dorado County Clerk. SCHEDULE: As soon as possible COSTS: $34,649.83 ACCOUNT NO: 2029-7067/JULlE7 BUDGETED AMOUNT REMAINING: <$212,895.00> ATTACHMENTS: Change Order No.2, Closeout Agreement and Release of Claims, Notice of Completion CATEGORY: Water CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES-F-- NO -28- CHANGE ORDER NUMBERl Project: Julie Lane Waterline Replacement Contractor: Doua Veerkamp General Enaineerina Date: December 18.2008 PO # P20400 The Contract Shall Be Changed As Follows: A. Change Bid Quantities to Final Quantities as shown in attachment A for an amount not to exceed $15,887.20. For a breakdown of all cost see "Attachment A". TOTAL FOR ITEM A IS $15,887.20 B. Additional material, equipment, and labor required to pothole for existing watermain on Julie Lane at station 1 +00. Work performed on time and material not to exceed $845.30 See attachment B for a breakdown of all cost. TOTAL FOR ITEM B IS $845.30 C. All material, equipment, and labor to relocate existing water service at 1073A Julie Lane, approximate station 9+27 for a lump sum not to exceed $216.41. See attachment C for a breakdown of all cost. TOTAL FOR ITEM C IS $216.41 TOTAL FOR CHANGE ORDER NUMBER 2 IS A+B+C+D+E+F+G+H+I+J+K = $34,649.83 ",' DO"lll:;'~oltritl ContractcTime. ',., Original Contract $498,333.00 Previous Change Orders. $252,771.28 Current Contract $751,104.28 THIS CHANGE ORDER $ 34,649.83 New Contract Total $785,754.11 Contractor agrees to make the herein-described changes in accordance with the terms hereof. The change in contract price andlor 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 Accepted By Contractor Date: Date: Reviewed By -29- 1 D. All material, equipment, labor and disposal fee's to remove an abandon 24 inch storm drain on Julie Lane that conflicted with the new 8-inch watermain being installed for a lump sum amount not to exceed $1,218.95. See attachment 0 for a breakdown of all cost. TOTAL FOR ITEM D IS $1,218.95 E. All material, equipment and labor to remove and replace 6 inch water line at station 10+25 (B Street and Julie) with 8 inch C900 pipe for a lump sum amount not to exceed $2,625.14. See attachment E for a break down of all cost. TOTAL FOR ITEM E IS $2,625.14 F. All material, equipment and labor for dewatering at tie-in at Lake Tahoe Blvd and Julie work performed on time and material not to exceed $5,446.60. See attachment F for a breakdown of all cost. TOTAL FOR ITEM F IS $5,446.60 G. All material, equipment and labor to repair and clean up of an existing unmarked 0/.. -inch water service at approximate station 5+25 on Panther, work performed on time and material not to exceed $1,125.93. See attachment G for a breakdown of all cost. TOTAL FOR ITEM G IS $1,125.93 H. All material, equipment and labor to install a restrained joint on Panther station 8+62.02, work performed on time and material not to exceed $134.38. See attachment H for a break down of all cost. TOTAL FOR ITEM HIS $134.38 I. All material, equipment and labor to repair unmarked sewer lateral at 757 Panther approximate station 12+15, work performed on time and material not to exceed $710.68. See attachment I for a breakdown of all cost. TOTAL FOR ITEM liS $710.68 J. All material, equipment and labor to repair unmarked sewer service at 775 Panther approximate station 14+33, work performed on time and material not to exceed $1,054.11. See attachment J for a breakdown of all cost. TOTAL FOR ITEM J IS $1,054.11 K. All material, equipment and labor to repair 6-inch sewer main at 1241 Julie Lane, work performed on time and material not to exceed $5,385.13. See attachment K for breakdown of all cost. TOTAL FOR ITEM H IS $5,385.13 TOTAL FOR CHANGE ORDER NUMBER 2 IS A+B+C+D+E+F+G+H+I+J+K = $34,649.83 -30- 2 CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, Califomia, this day of December 2008 by and between South Tahoe Public Utility DISTRICT, hereinafter referred to as "DISTRICT", and Doug Veerkamp General Engineering, hereinafter referred to as "CONTRACTOR". KNOW ALL PERSONS BY THESE PRESENTS: 1. That the undersigned, as the authorized representative of CONTRACTOR, for and in consideration of Four Hundred Ninety-Eight Thousand Three Hundred Thirty-Three Dollars and ($498,333.00), contract amount, and the sum of Two Hundred Eighty-Seven Thousand Four Hundred Twenty-One Dollard and Eleven Cents ($287,427.11) for said Contract Change Orders Nos. 1 and 2, receipt of which is hereby acknowledged, does hereby and for each of its successors, assigns and partners, release acquit and forever discharge the SOUTH TAHOE PUBLIC UTILITY DISTRICT of EI Dorado County, California, and each of its successors, assigns, officers, agents, servants, and employees, from any and all rights, claims, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever, which might have been asserted against DISTRICT by reason of any matter or thing which was the subject matter of or basis for: A. The performance of all terms and conditions of that certain agreement dated June 19, 2008 for Purchase Order No. P20400 DISTRICT project described as 2008 Julie Lane Waterline Replacement Project. B. Change Orders Nos. 1 and 2 as approved by the parties, pertaining to Purchase Order No. P20400 and shown in Payment Request No.5, dated December 18,2008. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of Purchase Order No. P20400 does hereby and for each of its successors, and assigns, releases, acquits and forever discharges Doug Veerkamp General Engineering and each of its successors, assigns, officers, agents, servants, and employees, and sureties from any and all rights, claims, demands, debts, obligations, liability, actions, costs, expenses whatsoever which might have been asserted against CONTRACTOR, except for the rights accruing to the DISTRICT in California Code of Civil Procedure Section 337.15, Entitled "Ten Years - Action to Recover Damage from Latent Deficiencies in Planning or Construction of Improvements to Real Property," which rights are specifically not released, and except for warranties and sureties provided by reason of any matter or thing which was the subject matter of or basis for: 2008 JULIE LANE WATERLINE REPLACEMENT PROJE1:k A. The performance of all terms and conditions of that certain agreement dated June 19, 2008 for Purchase Order No. P20400 District project described as 2008 Julie Lane Waterline Replacement Project. B. Change Orders Nos. 1 and 2 as approved by the parties, pertaining to Purchase Order No. P20400 and shown in Payment Request No. 5 dated December 18, 2008. 3. Nothing contained herein shall waive or alter the rights, privileges, and powers of the DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety in respect to any portions of the Specifications for Purchase Order No. P20400. 4. The DISTRICT has received no claims from the CONTRACTOR. 5. Upon execution of this agreement, the DISTRICT agrees to immediately file and record a NOTICE OF COMPLETION with the County Recorder in order to begin the running of the Statutory lien period. 6. The presently retained amount is Original Contract amount Total Change Order Amount Less: Amount Previously Paid (Request Nos. 1 through 5) Retainage BALANCE: $ 39,287.71 $498,333.00 $287,421.11 $746,466.40 $ 39,287.71 $ -0- The retainage will be released to the CONTRACTOR at the expiration of the lien period 35 (thirty-five) calendar days after date of recording a NOTICE OF COMPLETION by EI Dorado County Recorder or when all liens have been released, whichever last occurs. Release pursuant to this agreement shall not apply to CONTRACTOR's rights to the presently retained amount until such time as such amounts are received in full by CONTRACTOR. 7. CONTRACTOR and DISTRICT agree that the total adjusted contract price and time of performance for Purchase Order No. P20400 after the execution of change orders shall be as follows: Original Contract Price Original Calendar Days Total Adjusted Price Total Adjusted Calendar Days $498,333.00 90 $785,754.11 133 8. It is understood and agreed by the undersigneds that the facts with respect to which the foregoing Release is given may hereafter turn out to be other than or 2008 JULIE LANE WATERLINE REPLACEMENT PROJEH- 2 different from the facts in that connection now known to be or believed by said undersigneds to be true, and the undersigneds hereto expressly assume the risk of the facts turning out to be different than they now so appear, and agree that the foregoing Release shall be, in all respects, effective and not subject to termination or recession by any such difference in facts and undersigneds hereby expressly waive any and all rights the undersigneds have or may have under California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." 9. The releases made by the CONTRACTOR and the DISTRICT herein are not to be construed as an admission or admissions of liability on the part of either party and that the parties deny liability hereof. The undersigneds agree that they will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other party based on, arising out of, or in any way connected with the subject matter of this Release. 10. The CONTRACTOR hereby releases the DISTRICT from all claims, including those of its Subcontractors for all delay and impact costs, if any. 11. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims, including attorney's fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. 12. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Closeout Agreement and Release of Claims. The undersigned acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained herein. 13. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, have been made to the undersigned and that this Release contains the entire agreement among the parties hereto and that the terms of the Release are contractual and not a mere recital. 14. The persons executing this Closeout Agreement and Release of Claims represent and warrant to the other party that the execution and performance of 2008 JULIE LANE WATERLINE REPLACEMENT PRO~ 3 the terms of this Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter in the Closeout Agreement and Release of Claims. SOUTH TAHOE PUBLIC UTILITY DISTRICT RICHARD SOLBRIG, GENERAL MANAGER DATED ATTEST: KATHY SHARP, CLERK OF BOARD DATED DOUG VEERKAMP GENERAL ENGINEERING DOUGLAS B. VEERKAMP, PRESIDENT DATED 2008 JULIE LANE WATERLINE REPLACEMENT PROJECt- 4 RECORDING REQUESTED BY: Heidi C. Donovan South Tahoe Public Utility District WHEN RECORDED MAIL TO: SOUTH TAHOE PUBUC UTILITY DISTRCf 1275 Meadow Crest Drive South Lake Tahoe CA 96150 SPACE ABOVE THIS UNE FOR RECORDER'S USE APN:NA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described. 2. The FULL NAME of the OWNER is SOUTH TAHOE PUBUC UTIUlY DISTRICT 3. The FULL ADDRESS of the OWNER is 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike "in fee" and insert here, for example, "purchaser under contract of purchase," or "lessee." 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name & Address Name & Address 6. The FULL NAMES of FULL ADDRESSES OF THE PREDECESSORS in INTEREST of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Name & Address Name & Address , 7. A work of improvement on the property hereinafter described was COMPLETED on 11/6/2008. 8. The work of improvement completed is described as follows: 2008 Julie Lane Waterline Replacement Project. 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is ,Doug Veerkamp General Engineering. 10. The street address of said property is See EXHIBIT "A" attached. 11. The property on which said work of improvement was completed is in the City of South Lake Tahoe County of EI Dorado, State of California, and is described as follows: As shown in Exhibit "A" attached hereto and made a part hereof, and commonly known as DATE: December 18, 2008 VERIFICATION FOR INDIVIDUAL OWNER: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. SIGNATURE OF QWNI;.R OR AGENT OF OWNER MARY LOU MOSBACHER, BOARD PRESIDENT DATE AND PLACE SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFICATION FOR NON-INDIVIDUAL OWNER: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the oar res 1 ent of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. December 18. 2008 at South la~e Tahoe. CA DATE AND PLACE SIGNATURE OF PERSON SIGNING ON BEHALF OF OWNER MARY LOU MOSBACHER -35- Notice of Completion EXHIBIT "A" Notice of Completion 2008 JULIE LANE WATERLINE REPLACEMENT PROJECT The site of the work is located on Julie Lane from Lake Tahoe Boulevard to F Street; on Panther Lane from Gardner Street to Thirteenth Street; and on Panther Lane from Thirteenth Street to Shady Lane in the City of South Lake Tahoe, County of EI Dorado, California. The work to be performed consists of the installation of approximately 4,834 linear feet of new 8" waterline, services, meters, fire hydrants, interties, and associated work including paving, temporary erosion control and traffic control. /1/ II/ /11 Notice of Completion 2008 JULIE LANE WATERLINE REPLACEMENT PROJECT EXHIBIT "A" -36- General Manager Richard H. Sol brig South Tahoe Public Utility District Directors Ernie Claudio James R. Jones Mary Lou Mosbacher Dale Rise Eric Schafer 1275 Meadow Crest Drive - South Lake Tahoe - CA 96150-7401 Phone 530 544-6474- Fax 530 541-0614- www.stpud.us CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of the Notice of Completion that was approved by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, and executed by Board President, Mary Lou Mosbacher. Date Approved: Certified by: Kathy Sharp, Clerk of the Board -37- Galeral ~ F&hard H. 501brie South Tahoe Public Utility District D11'lliGt01"& EmIe Clwdlo JlII/Me It. .)()M6 h.Wy I.Du ~hl!lr D.~ 1216 Mssdow Cmee DrIve · South Lake fah08 · CA 96160 Phone 530 544 6414. Fax 530 641-0614 BOARD AGENDA ITEM 4g TO: Board of Directors FROM: Jim Hoggatt, Construction Manager/Engineer MEETING DATE: December 18,2008 ITEM - PROJECT NAME: Diamond Valley Ranch Master Plan and EIR REQUESTED BOARD ACTION: (1) Approve amendment NO.3 to Stantec Consulting Inc. Task Order No.4, in the amount of $59,044.20; and (2) Approve proposal by Hauge Brueck Associates, in the amount of $72,742.00, for additional work to complete the Master Plan. DISCUSSION: During the Master Plan Final Review process, District staff had Stantec add additional components and projects that would require Hauge Brueck Associates to perform additional evaluations to complete the Administrative Draft EIR. Legal council reviewed the Draft EIR and recommended that the District revise the Administrative Draft EIR to include these additional components and projects. This requires a new Notice of Preparation (NOP) & Focused Scoping period. Having Hauge Brueck include the alternative and project specific analysis for these projects in the Administrative Draft of the EIR, will allow implementation of these projects upon the certification of the EIR without any additional environmental work being required. The District Engineering Department will be providing the plans for the projects listed above, and staff felt that at this point Hauge Brueck should work directly with District staff and not through Stantec. As a result, staff requested Hauge Brueck provide two (2) "Scopes of Work" in completing the EIR, one for the work items ending November 25 with Stantec, and the second for completing the EIR under contract to the District directly after November 25. These amount to $19,598.20 and $72,742.00 respectively. Stantec will have additional tasks in completing the final Master Plan with meetings and revised sections in the Master Plan and is requesting additional compensation of $39,446.00 to cover these costs. -39- Jimmie Hoggatt December 18,2008 Page 2 SCHEDULE: As soon as possible COSTS: $131,786.20 ACCOUNT NO: 1029-8725/DVREIR BUDGETED AMOUNT REMAINING: <$72,112.00> ATTACHMENTS: Stantec Consulting Inc. and Hauge Brueck Associates proposals CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES-r- NO -40- CATEGORY: Sewer November 19, 2008 Project No. 180101070 Mr. Jim Hoggatt SOUTH TAHOE PUBLIC UTILITY DISTRICT 1275 Meadow Crest Lane South Lake Tahoe, California 96150-7401 RE: Recycled Water Facilities Master Plan and EIR Stantec Task Order No.4 - Amendment No.3 (Task Order 4C) Purchase Order No. P18441 Dear Jim: This letter presents the details and supporting documents for Amendment No.3 to Stantec Task Order No. 4. Recycled Water Facilities Master Plan and Environmental Impact Report. Scope of Work. Stantec Services Amendment No. 3 covers the expanded scope of work and extra services provided by Stantec and our subconsultant Hauge Brueck and Associates. The extra services by Stantec include the following. (1) Preoare Edited Version of the Administrative Draft Version of the Master Plan (completed) Another draft version of the master plan was prepared to eliminate references to certain issues related to the District's recycled water and freshwater operations in Alpine County. Twenty-five paper copies of the modifed draft were provided to the District and an Adobe Acrobat portable document file (pdf) of the entire master plan and appendices was prepared and provided on compact disc to accompany each of the paper copies. (2) Preoare Confidential Document of Issues for Board of Directors (completed) To address the issues removed from the ultimate version of the administrative draft of the master plan a separate document was prepared to summarize the issues surrounding District recycled water and freshwater operations in Alpine County. The summary document was previously provided to the District. (3) Present Draft Master Plan to District Plannina Committee (completed) A summary overview of the draft master plan was made to the District's Board of Directors Planning Committee. (4) Attend Receiot of Stakeholder Comments Meetinq at Turtle Rock Park (completed) Attendance of an additional public meeting held on November 5, 2008 at Turtle Rock Park to receive comments from master plan project stakeholders. (5) Attend Additional MeetinQs (partially completed) Attendance at meetings already held and potential additional meetings to be held. Among the additional meetings already held were meetings pertaining to the preparation of the edited version of the Administrative Draft and the legal review meeting of the administrative draft of the -41- Mr. Jim Hoggatt SOUTH TAHOE PUBLIC UTILITY DISTRICT November 19, 2008 Page 2 of 4 environmental impact report. It is anticipated that additional meetings will be required prior to project completion. (6) Additional Proiect Manaaement (partially completed) Additional project management services were provided in the preparation of the edited version of the administrative draft of the master plan and other extra services. This item also includes additional project management to be provided through the completion of the project. (7) Prepare Addendum to the Administrative Draft Version of the Master Plan In response to the decision to prepare a project based environmental impact report for the initial phase of the Diamond Valley Ranch Irrigation Fields and the Harvey Reservoir Bypass Pipeline System, an addendum to the Administrative Draft of the Master Plan will be necessary. The addendum will include revisions necessary to the executive summary and section 9 of the Administrative Draft of the Master Plan to describe the proposed construction of the initial phase of Irrigation Fields. the Harvey Reservoir Bypass Pipeline System, the pursuit of permitting by the Lahontan Regional Water Quality Control Board for the land application of recycled water on the irrigation fields, and the District's preparation of a nutrient management plan for the irrigation fields. It is understood project specific data will be prepared by District personnel and be included in the addendum as an appendix. The intention of the addendum is to eliminate the need to reprint the Administrative Draft version of the Master Plan in it's entirety. The addendum will be prepared in such a manner that a descriptive document will be provided for page removals and additions. (8) Attend and Participate Focused Scopine Meetina A focused notice of preparation scoping meeting is scheduled for January 15, 2009. The focused scoping meeting will include master plan projects including future projects and environmental impact report project components that were not part of the original scoping meetings held in 2007. These include the Indian Creek Reservoir Spillway. the Diversion Ditch for Stormwater Flow Away from HPR to ICR, Extending the C-Line to Nevada State Line, and the Injection Wells (a potential future project). The focused scoping meeting will also present the proposed construction of the initial phase of the irrigation field and the HPR bypass pipeline system and the associated nutrient management plan preparation and permitting by the Lahontan RWQCB for recycled water use at the Diamond Valley Ranch. Original Scope of Work - Stantec Services Remaining to be Completed Remaining work beyond that previously listed for project completion includes a presentation of the Administrative Draft of the Master Plan to the Alpine County Board of County Supervisors and the preparation of the final version of the Master Plan incorporating changes resulting from the public comment period of the ErR. Scope of Work - Hauge Brueck AssocIates Services Information regarding the expanded scope of work for Stantgec's subconsultant, Hauge Brueck and Associates, is presented in the attached letter to Eric McGrath and Jim Hoggatt dated jl.je\e,n,bcr 1S, 2666. 'PE~Mb~ 3 ,"Ul% -42- Mr. Jim Hoggatt SOUTH TAHOE PUBLIC UTILITY DISTRICT November 19. 2008 Page 3 of 4 Schedule An updated schedule for the completion of the master plan and ErR is provided in the attached document entitled Diamond Valley Master Plan and EIR Completion Schedule. The updated schedule shows project completion with the end of the Legal Challenge Review Period for the ErR as October 5. 2009 and submission of the final version of the Master Plan shortly thereafter. Budget The budget components of Amendment No.3 are presented in Table 1. TABLE 1 - AMENDMENT NO.3 - BUDGET COMPONENTS Service Provider Budget Hauge Brueck and Associates Stantec Con!~lting, Inc. Stantec Mark-up (0%) Amendment NO.3 Total $ 86,636.88 , 0 ~ ZO ~,J/O. $ 39.446.00 $ 0.00 -$vii~~~ 59.J 044-:20 The labor hour detail for the Stantec services is detailed included in the attached document entitled Stan tee Task Order No.4, Amendment No. 3 - Stantee Labor Hour Detail. The attached document entitled Hauge Brueck Associates - Estimated Fee provides the labor hour detail for the additional services by Hauge Brueck Associates associated with Amendment NO.3. The updated Task Order NO.4 contract amount including Amendment No.3 is presented in Table 2. TABLE 2. CONTRACT AMOUNT INCLUDING PROPOSED AMENDMENT NO.3 r-'--'-.----- T----'...--...... ,-. ""'''---'''1 ~ Item I Amount ~----..,-,----.., .._-_._~---,------ t--.-,------, , Orig~~~!.~.?ntract Amount .._, ______ ' 1_..!!~~p77 .00 Amendment NO.1 (Task Order 4A) '_~._~~~~4.0~.. ~!!.l~~~~_~~~~.~:3_ (T~sk C?rder 48) ._____'___.___________,__,__,__,_________+._........ ,,~J~!.1:,?,:~~ Proposed Amendment NO.3 (Task Order 4C) ____ ~~,Q82.9& Proposed Amended Contract Amount &512.28J:66 5~D44,w ~t&) 227. zO -43- Mr. Jim Hoggatt SOUTH TAHOE PUBLIC UTILITY DISTRICT November 19, 2008 Page 4 of 4 If you have any questions or care to discuss any aspect of proposed Amendment NO.3 please feel free to contact me at your convenience. Sincerely, STANTEC CONSULTING INC. Eric McGrath, PE Project Manager EM:dd Attachments (1) Letter to Eric McGrath and Jim Hoggatt dated November 19, 2008 (2) Stantec Task Order NO.4 Amendment No.3 - Stantec Labor Hour Detail (3) Hauge Brueck Associates - Estimated Fee (4) Diamond Valley Master Plan and EIR Completion Schedule V:152801\actlve\1801010701c0rrespondencelOraft Amenclmenl No, 3 Lel1erdoc -44- South Tahoe Public Utility District Recyled Water Facilities Master Plan and EIR Stantec Task Order No. 4 Amendment No. 3 - Stantec Labor Hour Detail November 19, 2008 Senior Admin / Associate Associate Project Cad Word Item Description Principal Engineer Engineer Engineer Technician Proc. Expenses Total Hourly Rate $185 $179 $152 $96 $81 $66 Prepare Edited Version of the Administrative Draft Version of the Master Plan 0 40 24 40 0 20 $0 $15,968 Prepare Confidential Document of Issues for Board of Directors 0 8 0 0 0 0 $0 $1,432 Present Draft Master Plan to District Planning Committee 0 6 0 0 0 0 $0 $1,074 Attend Receipt of Stakeholder Comments Meeting at Turtle Rock Park 0 6 0 0 0 0 $0 $1,074 Attend Additional Meetings 0 32 0 0 0 0 $0 $5,728 Additional Project Management 0 32 0 0 Prepare Addendum to the Administrative Draft 0 0 $0 $5,728 Version of the Master Plan 0 24 0 32 0 0 $0 $7,368 Attend and Participate in the Focused Scoping Meeting 0 6 0 0 0 0 $0 $1,074 Subtotal (Stantec Work) 0 154 24 72 0 20 $0 $39,446 STPUD Diamond Valley Master Plan Stantec Task Order No. 4 Amendment No. 3 Stantec Services ~AUG~ BRU~CK ASSOCIAT"S www.haugebrueck.com CALI~ORNIA P 916-283-5800 F 916-313-3445 2233 Wall Avenue, Suite 295 Sacramento. CA 95825 N"VADA P 775-588-4700 F 775-588.4704 P,O, Box 10291 310 Doria Courl, Suite 209 Zephyr Cove, NY 89448 December 3,2008 Eric McGrath Stantec 6980 Sierra Center Parkway Reno, NV 89511 Jim Hoggatt 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Dear Eric and Jim: This letter provides the description of services and estimated costs for Contract Amendment #3 to the Stantec Subcontract with Hauge Brueck Associates for Work Order 1 - Diamond Valley Master Plan EIR. This amendment supersedes the previously submitted Amendment #3 dated September 5, 2008. This amendment includes additional meetings required to discuss the revised master plan, additional time to modifY the EIR based on components added to the Master Plan, and time required to review and respond to the District's legal counsel comments and review. The budget adjustment is $19,598.20 for a total project budget of $149,906.20. The contract, at the direction of the District, provides that the final task to be performed by Hauge Brueck Associates is the screen check of the Draft EIR as noted in Task 6. The remaining tasks have been deleted. The modifications to the description and services and estimated costs are provided in legislative format below. DESCRIPTION OF SERIVCES Task HB.5 - Administrative Draft EIR Prepare the Administrative Drlift EIR for r~view by District, and agencies (e.g., Alpine County or Lahontan) tha.t tb~ I)iatrict would like to involve in the review of the, Adroinistratiye Draft Ell(. .~1l4~' to ~O me~tillls. for tij~ p,n~par~o!l Qf i~ 1\_lVslJt~tjv, ~;JilJ. ,4i~ftjQJ1al ~mpo~nts added, to. the,., M3$!~)1,.'JH.n; .,'~.,.,A:~,.~~.....w,flJb~, ~v_Jl1~4~d incorporate~ into th(rMJ:$t~t:Plari. atl:' A.~~ tW:Q works~ops for the -46- Mr. Eric McGrath November 26, 2008 Page 2 Board of Directors and public regarding the revised draft Master Plan. Review District legal counsel review questions and prepare for meeting with district to discuss alternatives and revisions to document. Evaluate the coverage of cultural studies previously conducted in Alpine County, develop a scope of work to complete cultural studies in Alpine County, prepare an RFP to potential consultants, evaluate cultural consultants proposals and manage the work of the cultural consultant. The increase in hours will allow for review of the revised Master Plan, development of new alternatives, modify the project description to reflect December 2007 Master Plan and to revise the analysis already performed in the ElR. The District will provide comments on the ~Administrative Draft EIR to be used in preparing the Draft EIR. Deliverables: Administrative Draft EIR (up to 15 copies) Task HB.6 - Draft EIR Prepare the Screen Check Draft EIR based on the input from District, applicable agencies and the engineer. Provide five copies of the Screen Cheek Draft EfR to the District for review prior to printing the Draft EIR for pUblic circulation. COffeat tae SereeaCheeK Dr_tIMR ifaeeesGary andpfadaee 1:lpto 100 sapies oflhe Draft BlRferp.lf.lillie eiroulatiaa. Tile Qtaft.BH\'I:ill also be pro'lidedeleetrasieally is p:g~~9FHlat for use OR wehsites or far other eleGtroaie distribu.tie-n. Pfepare the me fer lubmittaHe the State Clearia-gha.yse.. meliverables: Screen Check Draft EIR (5 copies), alid Draft IiIR (\tp to 100 '$fifes). 'hsk.Hi.7 . DraftBlR Cire1:l1aQoR 'the IiIR will eiremlate for at least 15 caleod.ar days. QBe public lIearing will be held OB the Draft EIR ay the District. Boatdappreximately two weeks prior to tile end of the cir-elllat-les period.CommeRts on Ute Draft aIR will'l>e received and a slltnmary list of those who commented .NiH be prepared. l'askHB.8 :\dmisistfative Final SIR Pfepare' dr:aft responses to ':lrittea and oral eommtmts submitted during the Draft, EIR p1:lWie sirculatioapeeod. Slibstanti'fe $OlHlHents will be Rumefica~ly identified (lad r'spaases to t-he eomlBeats will 'be keyedte the camment referlaae Alimaer. C~tnlnt letters aad ~sPQJlrges will be bound ander a sepaFate eov~r as a alaoad '/eluRte. Ckaflg~in the BIR text -47- Mr. Eric McGrath November 26, 2008 Page 3 necessitated by the comments will also be made and sHmmarized on errata sheets. The second volHme 'Nill also inelHde other content reqHirements for a Final ~IR. For purposes of providing a budget estimate for preparation of the Administrative Final EIR, we have assHmed that up to 100 HniqH8 comments will be addressed (mHltiple copies of the same comment on a form letter will be treated as one comment), each requiring approximatelY'9ne half hOHr for response. .^.n amendment of the budget and sehedale will be necessary if more than 100 HniqHe comments are received or if the response to comments requir-es sHbstantial additional baekgroHnd data collection or analysis. A determiBation of the need for additional baekgroHBd stHd:r sr aBalysis will be made in coordinatioB '!lith the Dimct aRd EBgineer. Pravide the J..dmiRistrative FiBalEIR to the Distriet for review and cammeRt. Deliverables: Administrative Final EIR (\!pto 13 copies). Task H8.9 FiRal EIR The Diskiet will review the Draft responses, to comments and revised EIR teKt, and ,,:ill provide one annotated GOp}' ,of the Diskict's comments. Pi"epare the FiRal 81R by revising the .f.dminilMative FinalEIR based on Distriet comments. Up to 100 copies of the Fiaal EIR will be pradHced for ElislributioB, as well as an eleotronic (POP) version for websiteHse. Deliverables: Final BlR (Hpto 100 eopies). Taik HB.lQ ,Board Certifieation of linviFRmeBt8IImpactRepolt Prepare pFeseatation materials fOF t.fie Di8tpit~t8eftfd meetiag to eoasider GC\utifleation oitlle filR:. Prepare the Fituliflgsfer the Beard'sresolation. Anead theI)istt4et 8eard meetiag to ,reseAl, the eenshlmoas ef the SaviFOBffiental Impaat R-eport and to' r-espelulte qHestioB:s that may be ~01:l8htHpat tkeBoard meeting. Prepafe the Nadel (If'DetermiAatioa for fiUng with the Couaty Cle~k andStateOffleeof.Pta9llillg $lEi R-eseaFGh. Deliverable/): Presentation materials for 80ard meeting, Findings for Bear-dapproval and Notiee of DeterminatioB. Tftf;ik HR.11 Legal Challenge Review Period Tllere is no scope of work acti'/ity related to Task "8.11 it is listed in the seop. of work as a time sehedHle plaoe marker as sho-.vn in the project sel1edHle for the time duration reqHired fer legal ehalleRge of the EIR whieh is a period of]O oaleadar d~s. -48- Mr. Eric McGrath November 26, 2008 Page 4 ESTIMATED COSTS T ASKHB.5 Administrative Draft EIR TASK ~.6DraftEIR TASK aB.7 Draft EIR Circulation T A.SK, HI.S Administrative FinalEIR TASK HJ .9. Final EIR T ASK~.10 Board Certification of EIR TASK am',11 Ugal,Challenge Review Period TOTAL COSTS Sincerely, And Hauge Manager Hauge Brueck Associates, LLC -49- AMEND 2 $71,127 $14,Q90 ~ $~Mj(H $(j,$€i~ $1,<i,$g $0 $UQ,19g AMEND 3 $106.225.19 $29.403.81 SO $0 $0 $0 $149.90620 Project /Task Budget Amd. 1 Amd. 2 Amd. 3 Expended Remaining Diamond Valley EIR $79,338.00 $12,000.00 $38,970.00 $19,598.20 $149,906.20 $0.00 1 - Document Review concurrent with Master Plan Update $2,215.50 $0.00 $0.00 $464.50 $2,680.00 $0.00 2 - Project Description for Notice of Preparation $3,270.50 $0.00 $0.00 $1,089.50 $4,360.00 $0.00 3 - Notice of Preparation $2,426.50 $0.00 $0.00 $893.04 $3,319.54 $0.00 4 - Scoping $6,119.00 $0.00 $0.00 ($2,201.34) $3,917.66 $0.00 5 - Administrative Draft EIR $26,130.00 $12,000.00 $38,970.00 $29,125.19 $106,225.19 $0.00 6 - Draft EIR $14,090.00 $0.00 $0.00 $15,313.81 $29,403.81 $0.00 7 - Draft EIR Circulation $3,903.50 $0.00 $0.00 ($3,903.50) $0.00 $0.00 8 - Administrative Final EIR $9,663.50 $0.00 $0.00 ($9,663.50) $0.00 $0.00 9 - Final EIR $6,862.00 $0.00 $0.00 ($6,862.00) $0.00 $0.00 10 - Board Certification of EIR $4,657.50 $0.00 $0.00 ($4,657.50) $0.00 $0.00 11 - Legal Challenge Review Period $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11/26/2008 Remit To: Hauge Brueck Associates, LLC 2233 Watt Avenue, Suite 295 Sacramento, CA 95825 (916) 283-5800 Bill To: Stantec Consulting Inc. 6980 Sierra Center Parkway, Suite 100 Reno, NV 89511 Invoice Period 28-Sep-08 to 31-0ct-08 Labor Staff Member Brueck, Rob Hauge, Anders Alling, Garth Greene, Melanie Consolini, Christy Lynch, Katrina Johnstone, Heidi Patton, Katie Subtotal Hou rs Hourly Rate Amount 0 $ 135.00 $ 19.5 $ 150.00 $ 2,925.00 59.5 $ 80.00 $ 4,760.00 0 $ 80.00 $ 13 $ 80.00 $ 1,040.00 1.1 $ 40.00 $ 44.00 4.7 $ 40.00 $ 188.00 0.8 $ 40.00 $ 32.00 98.6 $ 8,989.00 Direct Costs Item Airfare Rental Car Mileage Printing Parking Conference Call CAD/Graphics Reproduction Meals and Hotel Subtotal Amount $ $ $ 153.26 $ $ $ $ $ $ 52.93 $ 206.19 Total Due This Invoice Maximum Billable: Total Billed ITD Remaining to Bill: Percent Billed: -51- Invoice Date 11/13/08 Job No. 07001 Job Name Diamond Valley $ 9,195.19 $ 130,308.00 $ 130,283.43 $ 24.57 100% Invoice No. 07001-17 ! Remit To: Hauge Brueck Associates, LLC 2233 Watt Avenue, Suite 295 Sacramento, CA 95825 (916) 283-5800 Bill To: Stantec Consulting Inc. 6980 Sierra Center Parkway, Suite 100 Reno, NV 89511 Invoice Period 1-Nov-08 to 30-Nov-08 Labor Staff Member Hours Hourly Rate Amount Brueck, Rob 2 $ 135.00 $ 270.00 Hauge, Anders 25.4 $ 150.00 $ 3,810.00 Alling, Garth 123 $ 80.00 $ 9,840.00 Greene, Melanie 36 $ 80.00 $ 2,880.00 Farris, Brian 2 $ 135.00 $ 270.00 Lynch, Katrina 4.9 $ 40.00 $ 196.00 Johnstone, Heidi 17 $ 40.00 $ 680.00 Neely, Jeremy 1.2 $ 40.00 $ 48.00 Patton, Katie 17.5 $ 40.00 $ 700.00 Subtotal 229 $ 18,694.00 Direct Costs Item Airfare Rental Car Mileage Printing Parking Conference Call CAD/Graphics Reproduction Meals and Hotel Subtotal Amount $ $ $ 235.15 $ $ $ $ $ $ $ 629.15 64.47 928.77 Total Due This Invoice *Maximum Billable: Total Billed ITD Remaining to Bill: Percent Billed: *Pending approval of Amendment 3 -52- Invoice Date 12/2/08 Job No. 07001 Job Name Diamond Valley $19,622.77 $ 149,906.20 $ 149,906.20 $ 100% Invoice No. 07001-18 WORK ORDER DIAMOND VALLEY MASTER PLAN EIR Attachment to the Planning Services Agreement between South Tahoe Public Utility District and Hauge Brueck Associates, LLC dated November 25,2008. WORK ORDER DATE: November 25, 2008 Work Order Summary: Preparation of the environmental documentation and processing an EIR for the South Tahoe Public Utility District Diamond Valley Master Plan. DESCRIPTION OF SERVICES Task I-Revised NOP & Focused Scoping The focused environmental scoping period (NOP circulation) will be no less than 30 calendar days. Recirculation of the NOP is required due to the addition of components to the master plan and inclusion of projects to be implemented upon certification ofthe EIR, since the circulation of the first NOP. Scoping will be focused only on the new components. During the second scoping period, one scoping meeting will be held in Alpine County and one seeping meeting will be held at a District Board meeting in South Lake Tahoe, CA on January 15,2009. A memorandum that summarizes the results of the scoping process will be prepared and will be used to facilitate the completion of the Master Plan, detailed Project Description, and EIR. Working with the engineer and District, update the project description and description of alternatives (up to three alternatives including the No Project Alternative) that will be used in the Administrative Draft EIR. Deliverables: Revised Presentation materials for the two public scoping meetings and public outreach and education process. A memo summarizing the issues and alternatives to be considered in the EIR. Project description and description of the alternatives to be analyzed in the EIR. Task 2 - Administrative Draft EIR Prepare a revised Administrative Draft EIR for review by District that incorporates alternative analysis, and project specific analysis for up to 4 projects that are proposed for implementation upon certification of the EIR. The District will provide comments on the Administrative Draft EIR to be used in preparing the Draft EIR. Protocol surveys for pygmy rabbits will be performed in the areas of the projects that are to be studied for site specific analysis. Deliverables: Wildlife survey report. Administrative Draft EIR (up to 15 copies). Task 3 - Screen Check and Draft EIR Prepare the Draft EIR based on the input from District, applicable agencies and the engineer. Provide five copies of the Screen Check Draft EIR to the District for review prior to printing the Draft EIR for public circulation. Correct the Screen Check Draft EIR if necessary and produce up to 100 copies of the Draft EIR for public circulation. The Draft EIR will also be provided electronically ip PDF format for use on websites or for other electronic distribution. Prepare the NOC for submittal to the ,State Clearinghouse. Deliverables: Screen Check Draft EIR (5 copies) and Draft EIR (up to 100 copies). Task 4 - Draft EIR Circulation HAUGE BRUECK ASSOCIAT!;S -53- PAGE 1 The EIR will circulate for at least 45 calendar days. One public hearing will be held on the Draft EIR by the District Board approximately two weeks prior to the end of the circulation period. Comments on the Draft EIR will be received and a summary list of those who commented will be prepared. Deliverables: Presentation materials for the public hearing. Comments received on the Draft EIR and a summary list of those who commented. Task 5 - Administrative Final EIR Prepare draft responses to written and oral comments submitted during the Draft EIR public circulation period. Substantive comments will be numerically identified and responses to the comments will be keyed to the comment reference number. Comment letters and responses will be bound under a separate cover as a second volume. Changes in the EIR text necessitated by the comments will also be made and summarized on errata sheets. The second volume will also include other content requirements for a Final EIR. For purposes of providing a budget estimate for preparation ofthe Administrative Final EIR, we have assumed that up to 100 unique comments will be addressed (multiple copies of the same comment on a form letter will be treated as one comment), each requiring approximately one-half hour for response. An amendment of the budget and schedule will be necessary if more than 100 unique comments are received or if the response to comments requires substantial additional background data collection or analysis. A detennination of the need for additional background study or analysis will be made in coordination with the District and Engineer. Provide the Administrative Final EIR to the District for review and comment. Deliverables: Administrative Final EIR (up to 15 copies). Task 6 - Final EIR The District will review the Draft responses to comments and revised EIR text, and will provide one annotated copy of the District's comments. Prepare the Final EIR by revising the Administrative Final EIR based on District comments. Up to 100 copies of the Final EIR will be produced for distribution, as well as an electronic (PDF) version for website use. Deliverables: Final EIR (up to 100 copies). Task 7 - Board Certification of Environmental Impact Report Prepare presentation materials for the District Board meeting to consider certification of the EIR. Prepare the Findings for the Board's resolution. Attend the District Board meeting to present the conclusions of the Environmental Impact Report and to respond to questions that may be brought up at the Board meeting. Prepare the Notice of Determination for filing with the County Clerk and State Office of Planning and Research. Deliverables: Presentation materials for Board meeting, Findings for Board approval and Notice of Detennination. SCHEDULE Services will begin November 25,2008 and will be completed in coordination with the client's objectives. HAUGI; BRUI;CK ASSOCIAT~S -54- PAGE 2 ESTIMATED COSTS Hauge Brueck Associates estimates the following costs for the services included in this work order. Services will be billed according to the terms of the Planning Services Agreement. TASK Task 1 Revised NOP & Scoping Task 2 Administrative Draft EIR Task 3 Screen Check and Draft EIR Task 4 Draft EIR Circulation Task 5 Administrative Final EIR Task 6 Final EIR Task 7 Board Certification of EIR TOTAL $ AMOUNT $9,900 $24,818 $14,110 $6,684 $7,237 $6,529 $3,464 $72,742 HAUGE BRUECK ASSOCIAT(;S -55- PAGE 3 RA-o-G ~ BUR U I: C K A s s o c A T ~ s Estimated Fee Senior Iltnct Project PnnlclplI PI..,- P......" c_ DINCI ~.... Man-, Pi......' -.. ScIonUat GIS Labor Coot F._... _a Talk $150 $135 $110 $ao $40 Talk 1 Reviled HOP and Scoplng Focused Scoping Process 6 16 8 $3.000 $500 $50 Meetings 18 24 6 $5.800 $500 $50 Subtotal 24 0 40 6 6 $8.800 $1,000 $100 Talk 2 Admlnlstrallve Drefl EIR Wildlife Surveys 20 $2,200 $200 $20 Project LeveVAIts Analysis 16 4 110 50 16 $19,700 $500 $50 ADEIR Production (15 copies) 2 4 4 6 $1,400 $660 $66 Sublotal 18 4 134 54 24 23,300 1,380 138 Task 3 Screen Check and D,efl EIR Screen Check Draft EIR (5 copies) 4 4 40 12 8 $6,800 $645 $85 Draft EIR Production (100 copies) 4 18 8 $2,200 $4,000 $400 Subtotal 8 4 40 28 18 $9,000 $4.645 $465 T ak 4 D,8fl EIR Circulation Public Hearing 6 8 $1.500 $75 $6 Summary List of Comments Received 4 8 2 $1,300 $65 $7 WOlkshops 14 10 2 $3.400 $300 $30 Subtotal 24 0 10 18 2 $6,200 $440 $44 Task 5 Admlnlstrll1lve Final EIR Respond 10 Comments 8 32 12 $4,200 $210 $21 Quallty Assurance 2 8 $1,400 $70 $7 AFEIR Production (15 copies) 2 6 2 $900 $390 $39 Subtotal 12 8 0 38 14 $6.500 $670 $67 Tak 6 Flna' EIR Respond 10 District Comments 8 2 16 2 $2,800 $280 $28 FEIR Production (100 copies) 2 8 4 $1,100 $2,110 $211 Subtotal 10 2 0 24 6 $3,900 $2,390 $239 Task 7 Board Cef1lfIcatlon of EIR rP;;;;ration of Flndlnas 8 4 1 $1,800 $80 $8 80ard Hearing 8 4 1 $1.800 $160 $16 Sublotal 16 0 0 8 2 $3,200 $240 $24 TOTAL 18 18 224 176 72 602 $60,900 $10,765 $1,077 $72,742 -56- STPUD DIAMOND VAlLEY EIR /~T H -,. A.f.io7;< ! - ~ ~-~~' ~~- , ~ e.., '\ e~ . .'. .,,' ~ e, . 1950.'l'I. ".r,!' ',.' , \1!ADnPTED M~!1mlE. ~c lIfiLITV O\~\'.ADOPT t.D MlMmtS SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Solbrig, General Manager Mary Lou Mosbacher, President BOARD MEMBERS Paul Sciuto, Assistant Manager 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 NOVEMBER 20, 2008 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, November 20, 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, Swain, Ryan, Cocking, R. Johnson, Attorney Herrema GUEST: John Runnels/Citizens Alliance Ross Johnson led the pledge to the flag. Moved Schafer / Second Rise / Passed Unanimouslv to approve the Consent Calendar as submitted: PLEDGE OF ALLEGIANCE CONSENT CALENDAR a. Cattle Grazing Permit 2009: Alpine County - Awarded contract to the highest responsive, responsible bidder, Urrutia Ranch, in the amount of $13,280; b. Human Resource Software Conversion Services - Approved addendum to software license agree- ment for professional services to assist with the implementation of the base version of the Human Resource software, in an amount not to exceed $24,380; -57- REGULAR BOARD MEETING MINUTES - NOVEMBER 20, 2008 PAGE-2 c. Country Club Tank and Waterline Replacement - (1) Approved the Project Closeout Agreement and Release of Claims for Hangtown General Engineering, and (2) Authorized staff to file a Notice of Completion with the EI Dorado County Clerk; d. Final and Secondary Effluent Pump Station - Approved Change Order No. 3 to Pacific Mechanical Corporation, in the amount of $14,405.68; CONSENT CALENDAR (continued) e. Angora Tank Replacement and Access Road - Approved proposal from Stantec for additional Geotechnical Services, in an amount not to exceed $9,400; IINADI1P~.. . ltO A#f!J~~rn I, · · ,-C' "!fiJ f. 2008 AI Tahoe Waterline Replacement - Approved Change Order No.3 to Cruz Excavating, in the amount of $49,017.52; g. Approved Regular Board Meeting Minutes: November 6, 2008. ITEMS FOR BOARD ACTION Moved Schafer / Second Rise / Passed Unanimously to approve payment in the amount of $1 ,059,331.37. Water and Wastewater Operations Committee: The committee met November 17. Minutes of the meeting are available upon request. Finance Committee: The committee met November 20 to discuss the self-insured medical plan. City of South Lake Tahoe Issues Ad Hoc Committee: A schedule of meeting dates was given to the City Manager to coordinate an ad hoc committee meeting. Manaaement Neaotiations Ad Hoc Committee: The committee met November 11 and will report in Closed Session. Director Jones reported on his attendance at the water agency board meeting. The major topic of discussion was about CABBY (river management plan). Director Schafer reported Standard and Poor's credit rating agency has upgraded the rating of the District from an A+ to an AA rating. A higher rating provides the District greater access to funding (loans, bond issuances, etc.) at a more favorable price through lower inMest rates. PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVES REPORT BOARD MEMBER REPORTS REGULAR BOARD MEETING MINUTES - NOVEMBER 20, 2008 PAGE - 3 Director Rise reported on his attendance at the ECC (Employee Communications Committee) meeting. BOARD MEMBER REPORTS ( continued) Director Claudio reported on the City of Santa Monica and TRPA's sustainability efforts, and on MRSA (a form of bacteria resistant to antibiotic treatment). 2:30 P.M. PUBLIC HEARING President Mosbacher opened the Public Hearing LOCAL HAZARD MITIGATION PLAN at 2:30 p.m. Ross Johnson reported the District prepared a draft Local Staff Comments Hazard Mitigation Plan in accordance with FEMA (Federal Emergency Management Agency) guidelines and requirements. Public comment is an integral part of the development and approval of the plan. Notices of this public hearing were published twice in the Tahoe Daily Tribune. ' John Runnels voiced his approval of the plan. Public Comments The Board received clarification from Johnson regarding Board Member Comments dam failure. They also requested minor corrections to dates shown on some of the charts in the plan. The Public Hearing was closed at 2:40 p.m. No Board action. General Manaaer: Richard Solbrig reported on two items: GENERAL MANAGER REPORTS 1) Integrated Regional Water Management Plan - Staff attended a meeting with grant partners to learn about the state's guidelines. Between zero to three million dollars was designated for the Lahontan region. Funding is not guaranteed. Prop. 50 guidelines will be used. EI Dorado County is not included since they did not adopt the plan yet. 2) He reminded the Board of the "Drink Tahoe Tap" campaign, designed to discourage the use of bottled water. He distributed reusable water bottles to each member for their assistance in reinforcing the notion that the District's tap water is top quality and better quality than bottled water. 2:55 P.M. ADJOURNMENT TO CLOSED SESSION 4:40 P.M. RECONVENED TO OPEN SESSION U.'ADOPT"O I-lPN,,' lITES ~ _" . \'.'~. ~\'~~ . '1 . ~~~, '1'~~ "~"'.. 1~\; ,t ,! , ,.- -59- REGULAR BOARD MEETING MINUTES - NOVEMBER 20, 2008 PAGE-4 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. No reportable Board action. Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators: Agency Negotiators: General Manager, Board of Directors; Employee Organization: STPUD Management Staff 4:40 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 lIADU~U.u ~~'NU\ES -60- . ..~~~ ~ ~. U)l)~ Vlftq J~I)).. fQ1iS SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Solbrig, General Manager Mary Lou Mosbacher, President BOARD MEMBERS Paul Sciuto, Assistant Manager 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 DECEMBER 4, 2008 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, December 4, 2008, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: ATTENDEES President Mosbacher, Directors Rise, Claudio, Schafer. Director Jones was excused for District business. STAFF: Solbrig, Sharp, Hughes, Hoggatt, W. Stanley, Brown, Hussmann, Henderson, Attorney Kvistad GUESTS: Larry Mace & Kerry Small /Grant Thornton John Runnels/Citizens Alliance Jim Hoggatt led the pledge to the flag. PLEDGE OF ALLEGIANCE Moved Schafer / Second Rise / Jones Excused 1 Passed CONSENT CALENDAR to approve the Consent Calendar as submitted: a. Managers' Short/Long-Term Disability & Life Insurance Programs - (1) Approved Reliance Standard as the insurance carrier; and (2) Approved life insurance benefit level to one-time annual salary; b. Surplus Dump Truck and Bandsaw - Authorized Saxtin Management Group to auction District surplus equipment; c. Twin Peaks Booster Station and Waterline Project - Authorized staff to advertise for bids; -61- r REGULAR BOARD MEETING MINUTES - DECEMBER 4, 2008 PAGE.2 d. Glen Road and Gardner Mountain Waterline Replacement - (1) Approved the Project Closeout Agreement and Release of Claims for Marv McQueary Excavating; and (2) Authorized staff to file a Notice of Completion with the EI Dorado County Clerk. Larry Mace, Grant Thornton, gave a PowerPoint presentation reviewing the 2009 financial audit. He reported no adjustments were necessary and complimented the Finance Department on their internal controls. CONSENT CALENDAR (continued) PRESENTATION: REPORT ON 2008 FISCAL YEAR FINANCIAL STATEMENT AUDIT ITEMS FOR BOARD ACTION Nancy Hussmann reported on renewal aspects of the health insurance plan, and explained its many components. One proposal was received for excess insurance, and that was from the current carrier, Gerber Life Insurance Company. The Finance Committee reviewed the renewal with BB&H Benefits Design, the District's consultant for the self-insured benefits plan, and also reviewed the level of funding per employee, and COBRA continuation. There is little change over the 2008 plan. Moved Rise / Second Claudio / Jones Excused / Passed to: (1) Renew excess insurance policy with Gerber Life Insurance Company, with a specific deductible level of $65,000; (2) Approve funding level for plan in the amount of $1,800 per employee per month; (3) Approve COBRA rates for 2009 as follows: single dental $80, family dental $225, single medical $900, family medical $2,200. Moved Schafer / Second Claudio / Jones Excused / Passed to approve payment in the amount of $2,005,598.22. Finance Committee: The committee met December 4. Minutes of the meeting are available upon request. City of South Lake Tahoe Issues Ad Hoc Committee: A large bill from the Chateau project was sent to the District claiming money was owed for work the District performed. Staff will send a letter stating the District owes nothing, and remind them that they still need to sign the construction agreement. Director Claudio distributed a typed report and reported on sustainability. -62- EMPLOYEE BENEFITS PLAN 2009 RENEWAL UNADO,PTED wdi~UlES PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS REGULAR BOARD MEETING MINUTES - DECEMBER 4, 2008 PAGE - 3 General Manaaer: Richard Solbrig reported on the Integrated Regional Water Management Plan grant process; the emergency drill follow-up meeting, and Heavenly's water rate study. GENERAL MANAGER REPORTS 3:20 - 3:35 P.M. MEETING BREAK AND ADJOURN- MENT TO CLOSED SESSION RECONVENED TO OPEN SESSION 4:30 P.M. 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. No reportable Board action. Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators: Agency Negotiators: General Manager, Board of Directors; Employee Organization: STPUD Management Staff 4:30 P.M. ADJOURNMENT UNADOPTf.It1AtNDltS-- Mary Lou Mosbacher, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District -63- GimeNll Ma~ Richard H. 5o11mg South Tahoe Public Utility District Dl~ Ernie Claudio Jamca R. J~ MaIY Lou MoUJIChm' D.~ er 1215 Meadow Crut DrIve · South Lak8 Tahoe · CA 96150 f'hone 530 544-0474 · Fax 630 641-0014 BOARD AGENDA ITEM 6a TO: Board of Directors FROM: MEETING DATE: Jim Hoggatt, Construction Manager/Engineer December 18,2008 ITEM - PROJECT NAME: Engineering Department 2009 Project Priority List REQUESTED BOARD ACTION: Approve priorities. DISCUSSION: District engineering staff met with managers, supervisors and lead men to evaluate the projects listed in the 1 O-year budget. Staff used the risk evaluation process where each project is evaluated as probability of failure, consequence of failure and risk to the District. Using the results of this analysis, along with the projects under contract at the present time or grant funded that need to be completed in the 2009 construction season, staff has compiled the attached project priority list. Staff will be providing the results of this evaluation in a small 1 0 t015 minute presentation at the Board meeting. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Project Priority List CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES!fl#J NO CHIEF FINANCIAL OFFICER: YES ~. NO I CATEGORY: Water & Sewer -65- Eng. Budget Project 08-09 budget 09-10 budget Risk JT/JRlPUIB Water EROSION CONTROL PROJECTS (15\ $ 310000 100 IB Water ARSENIC TREATMENT SYSTEM $ 500 000 $ 1 100000 100 JH/MMrrR Water Waterline - AI Tahoe $ 500 000 $ 1 100000 100 JH/MMrrR Water Waterline - Wildwood 1 $ 450 000 $ 900 000 100 JR Water BMP Proiects $ 197083 $ 940 000 100 PS Sewer B-lINE REVEGETATION $ 285 391 $ 150 000 100 JR Sewer BMP PROJECTS $ 120 000 $ 160 000 100 JHIPSIHB Sewer DIAMOND VALLEY MASTER PLAN & EIR $ 100000 $ 100,000 100 JR Water ANGORA HIGHLANDS TANK $ 300 000 $ 600 000 81 JR Water TWIN PEAKS BOOSTER STATION $ 900 000 $ 1 700 000 81 JHIHBlPL Sewer C-lINE Reroutino $ 2 000 000 80 JR Water ECHO VIEW TANK $ 100 000 72 JH Water StanlevWaterline 112" LTB) $ 600 000 64 IB Sewer LPPS GENERATOR $ 200 000 $ 450 000 56 JRlRJIPS Sewer HEADWORKS IMPROVEMENT PROJECT 19MCCl $ 500 000 56 JHIPSIHB Sewer C.lINE INSPECTION $ 100,000 50 JRlPSIRJ Sewer FILTER REHAB. 5 and 6 $ 300 000 48 JTIRC Water Iroouois BOOSTER and PIPE IMPROVEMENTS $ 300 000 $ 600 000 48 IBIRC Sewer LPPS Transformers $ 20 000 $ 80 000 45 PS Sewer CATHODIC PROTECTION $ 50 000 38 PS Water CATHODIC PROTECTION $ 30 000 $ 50 000 30 JH/JTrrR Water CAL TRANS EROSION CONTROL - TROUT CREEK TO ST A TELlNE $ 200 000 $ 300 000 10 RC/JT Water Waterline - SIERRA TRACT (crossinas) $ 100 000 $ 300 000 10 RCIPS Water Urban Water Plan $ 30 000 9 JTIlBIRC Water Firm Source Capacity Plan $ 5000 5 WS Water GIS $ 75 000 $ 50 000 2 JTIPL Water Water Model $ 15000 2 JTIPL Sewer Sewer Model $ 15,000 2 JT Sewer WWTP Land Coveraae Fee $ 225 000 $ 50 000 1 IBlHB Sewer Monitorina Wells DVR and ALPCO $ 100,000 $ 250,000 1 TOTAL $ 4.632,474 $ 12.875.000 WATER PROJECTS 2 3 4 5 6 7 8 9 10 11 12 13 14 USE OR BENEFIT EXPLANATION EROSION CONTROL PROJECTS (15) ARSENIC TREATMENT SYSTEM Waterline - Al Tahoe 2009 Waterline - Wildwood 1 (Sonora) BMP Projects ANGORA HIGHLANDS TANK Stanley Waterline (12" LTB) Iroquois BOOSTER and PIPE IMPROVEMENTS ECHO VIEW TANK CATHODIC PROTECTION TRANSDUCERS - AH, Bakers., Paloma, Sunset CALTRANS - Erosion control Trout Creek to Stateline WATERLINE - SIERRA TRACT (crossings) GIS 15 Urban Water Plan ENG JT /JR/PL/IB IB JH/MM/TR JH/MM/TR JR JR JH JT JR PS IB JH/MM/TR JT /JH/RC/TR WS RC/PS 08-09 09 -10 BUDGET BUDGET 500000 500000 450000 300,000 310,000 1,100,000 1,100,000 900,000 940,000 500,000 600,000 599,940 100,000 50,000 12,000 500,000 400,000 50,000 30,000 Probability of Failure 1 to 10 0 0 0 0 0 9 8 6 9 5 0 0 0 0 0 Consequence of Failure 1 to 10 0 0 0 0 0 9 8 8 8 6 0 0 0 0 0 Risk to District Prob * Cons Calculated 100 100 0 0 100 81 64 48 72 30 0 0 0 0 0 SEWER PROJECTS USE OR BENEFIT ENG 08-09 09-10 EXPLANATION BUDGET BUDGET Probability of Failure 1 to 10 Consequence of Failure 1 to 10 Risk to District Prob * Cons Calculated 1 C -LINE Rerouting JH/HB /PL 2,000,000 10 8 80 2 VWVTP Land Coverage Fee JT 225,000 50,000 0 0 0 3 BMP PROJECTS JR 120,000 160,000 0 0 100 4 B -LINE REVEGETATION PS 150,000 0 0 100 5 CATHODIC PROTECTION PS 50,000 6 6 36 6 C-LINE INSPECTION PS /JH/HB 100,000 5 10 50 7 DIAMOND VALLEY MASTER PLAN & EIR RS /PS /HB /JH 50,000 0 0 100 8 FILTER REHAB - 5 AND 6 JR/PS 300,000 6 8 48 9 LPPS GENERATOR IB 200,000 450,000 8 7 56 10 HEADWORKS IMPROVEMENT PROJECT* JR/PS 500,000 7 8 56 11 Monitoring Wells, DVR and ALPCO IB /HB 100,000 250,000 0 0 0 12 LPPS TRANSFORMERS IB /JT 100,000 5 9 45 SEWER PROJECTS Gtmm-sl ~ Richard H. 501~ South Tahoe Public Utility District DfrtJGt0r6 Ernie C~lo J.1NlfJ R. Jotte6 tb~ Lou ~ Dale Rise 1216 M.a.. C~ Drive · South Lake Tahoe · CA 96100 Phone 530 54+6474 -Fax 530 541-0014 BOARD AGENDA ITEM 6b TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: 2008 Tata Lane 1 Granite Mountain Waterline Replacement REQUESTED BOARD ACTION: (1) Approve Change Order No.1 for Cruz Excavating, in the amount of $10,582.50; (2) Approve the Partial Closeout Agreement and Release of Claims; and (3) Authorize staff to file a Partial Notice of Completion with the EI Dorado County Clerk. DISCUSSION: Change Order No.1 is a final balancing change order to adjust bid quantities to final, in-place quantities, as shown on the attached Pay Estimate NO.6. The District has not accepted all of the paving completed by Cruz Excavating under the Tata Lane portion of this contract. Cruz Excavating is responsible for supplemental pavement repairs and/or replacement to be completed by June 30, 2009. The District is withholding $103,670.50 and will retain $92,000.00 from their progress payments as security for the completion of this work. Staff plans to release the difference, $11,670.50, to Cruz Excavating on the next payment of claims. The closeout agreement and release of claims is labeled "partial" due to future work to be performed. The District has approved all other components of the contract work. Staff recommends approval of the partial Closeout Agreement and Release of Claims, and the filing of the partial Notice of Completion with the EI Dorado County Clerk. SCHEDULE: As soon as possible COSTS: $10,582.50 ACCOUNT NO: 2029-8866ffATAWL & 2029-7069/GRANWL BUDGETED AMOUNT REMAINING: $749,750.00; <$56,118.00> ATTACHMENTS: Change Order No.1, Pay Estimate No.6, Partial Closeout Agreement and Release of Claims, Partial Notice of Completion. -69- John Thiel December 18, 2008 Page 2 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES tfU1'/ NO CHIEF FINANCIAL OFFICER: YES ~ NO ( -70- CATEGORY: Water CHANGE ORDER NUMBER 1 Project: 2008 Tata Lane I Granite Mountain Waterline Replacement Contractor: Cruz Excavatina, Inc. Date: December 18.2008 PO # P20493 The Contract Shall Be Changed As Follows: A. Change Bid Quantities to Final Quantities as shown on the attached Pay Estimate No.6 in the amount of $10,582.50. TOTAL FOR CHANGE ORDER NUMBER 11S $10,582.50 Ori inal Contract Previous Chan e Orders Current Contract THIS CHANGE ORDER New Contract Total $897,655.00 $ 0 $897,655.00 $ 10,582.50 $908,237.50 Contractor agrees to make the herein-described changes in accordance with the tenns 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 -71- 1 CHANGE ORDER SUMMARY ORIGINAL CONTRACT SUM $897,655.00 CHANGE ORDER NO. DATE APPROVED AMOUNT OF CHANGE ORDER Change Order Sum $ 10,582.50 1 12.18.08 $10,582.50 Contract Sum to Date: $908,237.50 TOTAL COMPLETED TO DATE $908,237.50* Percent ( %) Complete 100% * Retainage $ 80,456.70 (10% of total completed. After 50% completion, District may elect not to increase the total amount retained to date.) : Other Deductions (Pavement Withholding) $103,670.50 TOTAL PREVIOUS PAYMENTS $ 724,110.30 TOTAL TO DATE $10,582.50 AMOUNT DUE THIS PAYMENT $ • _ nrn+ . ,.i i..,..+ • 1 cartifv that the aknvc kill is r ro Pay Estimate No. 6 SOUTH TAHOE PUBLIC UTILITY DISTRICT PAY ESTIMATE SUMMARY Date: December 18, 2008 Project: 2008 TATA LANE / GRANITE MOUNTAIN WATERLINE REPLACEM hat pa y m en t therefore has not b een receive CONTRACTOR: Date: Purchase Order #: P20493 APPROVED: STPUD: Date: * Final pavement quantities shown here for Bid Items 4, 5, and 6 are quantities in place but not completely accepted by the District. The District is currently withholding $103,670.50 from paving payments of which $92,000 will be retained until the Contractor has completed the pavement repair and/or replacement to the satisfaction and acceptance of the City of South Lake Tahoe and the District. The paving balance due, $11,670.50 ($103,670.50 - $92,000), will be paid on the next pay estimate. CERTIFICATION OF CONTRACTOR I, (Name, please type or print) , the undersigned, am , with the authority to (Position only) (Name of business or contractor) CERTIFY under penalty of perjury that the payroll records used in the completion of this Pay Estimate Summary No. 5 complies with all State Labor Code laws and are on file at and (Address where records are located) shall be available for inspection as directed under Calif. Labor Code 991776 & 1812. Date: Signature: I further certify and affirm under penalty of perjury that all previous progress payments received on account of work completed have been applied to discharge in full all obligations for labor, materials and subcontractors for the work, materials, and subcontractor's efforts accrued to the date of payment. (General Conditions, Part 14.02) Date: Signature: -73- SOUTH TAHOE PUBUC UTILITY DISTRICTS 2008 TATA LANE / GRANITE MOUNTAIN WATERUNE REPLACEMENT PROJECT PAY ESTIMATE NO.6 12118/08 Item ISla rIM. ...onu ac, Description Unit QTY Unit Price Contract Amount Final Quantltles Amount Tata Lane Waterline Portion 1 MobilIzation and demobilization LS 1 60 000.00 $60 000,00 100% $60 000.00 2 Provide & InstaH tJatIic control LS 1 12 500.00 $12500.00 100% $12.500.00 Provide InstaH and maintain erosion 3 control measures and other required BMPs LS 1 5000.00 $5,000.00 100% $5,000.00 I Provide ana II1StaIl1" 1I1ICI( aspnaR · trench patch SF 1.200 3.50 $-4.200.00 699 $2,446.50 I'rOvtae ana InSlall 3" UllCk aspnaR 5 trench patch SF 23,250 6.00 $139,500.00 297.9 $178,.94.00 6 Provide and InstaH 2" miD and overlay aspllaU pavement restoration SF 12,200 5,00 $61,000,00 5282 $26,.10.00 7B. Provide and InstaH 8' PVC C900 DR1.lwatermaln LF 3235 .7.00 $152 045.00 3356 $157732,00 7C. Provide and InstaN 8. PVC C900 DR181 water main LF 1665 .5.00 $7.,925.00 1702 $76590,00 8 Provide and InstaH 31.. single water EA 78 1.75.00 $115,050.00 98 $144,550,00 5eJV1ce 9 Provide and InstaH I" single water EA . 1,550.00 $6 200.00 6 $9 300.00 service 10 Provide and InstaU 1,5. single water EA 1 1 625,00 $1 625.00 1 $1,625.00 service 11 Provide and InstaH 314" double water service EA 26 1 900,00 $-49..00.00 17 $32300.00 12 Provide and Install. meter water EA 1 1 850.00 $1 850.00 1 $11850.00 service 13 Sla 1 +00 valve assemDIY LS 1 9 500.00 $9 500.00 100% $9500.00 1. Sta 1.+17 valve aS5emll4Y LS 1 12500.00 ~12 500.00 100% $12500.00 15 Sla 30+040 valve assemDIY LS 1 13 000.00 $13000.00 $0.00 16 Sla .9+92 valve assemtllY LS 1 8 000.00 $8 000.00 100% $8 000.00 17 Provide and InstaU fire hydrant, valve $-46,0400.00 and oiDino EA 8 5 800,00 $-46 0400,00 8 18 Provide and instal fire hydrant with 8" main line valve EA 3 7 500.00 $22.500.00 3 $22,500.00 19 Abandn and remove existing fire hYdrants and retum to Dislrict Yds EA 1 500.00 $500.00 2 $1000.00 20 Cut, cap and abandon existing water mains EA 6 1 000,00 $6,000.00 6 $6,000.00 21 Abandon existing bIow-ofl's EA 7 500.00 $3,500.00 7 $3,500,00 22 Replace concrete rolled curb and utter \0 match existing LF 1.7 60,00 $8 820,00 50 $3 000.00 Materials On Hand LS 1 100% $0.00 :;ubtotai for ata Lane ortIon: $821117.50 !GRANI E MOUNTAIN Portion 0' Wal8l'llne Reol. 23 Mobllization and demobllizalon LS 1 5 000.00 $5 000,00 100% ~,OOO,OO 2. Provide, InstaU and maintain tralllc LS 1 3 000,00 $3 000.00 100% $3 000.00 control . Provide, Instal and maintain erosion 25 control measures and othe rreq'd BMPs LS 1 1.000,00 $1 000.00 100% $1000.00 26 Deleted bv Addendum 2 0 SO.OO 27 Provide and InslaH 3' thlck aspllaU oatch SF 500 6.00 $3 000.00 1.110 $6 660.00 28B Provide and instaU 8" PVC C900 Drawlno 18\ Water Main LF 570 52.00 $29 640,00 565 $29 380.00 Provide and InslaU temporary by" 29 pass line between Forest Mill Drawlno. And GranDe Mill Circle LS 1 ..000.00 $-4 000.00 100% $-4 000.00 Provide and Inslall current 30 temperature: by..pass Hne between Granite Mill CIrcle and Iron Mill Circle LS 1 3 000.00 $3 000.00 100% $3 000.00 31 Sta A 1 +00 valve assemblY LS 1 10000.00 $10000.00 100% $10000.00 32 Sla A3+95 valve assembly LS 1 7 000.00 $7 000.00 100% $7,000.00 33 Sla Bl +00 valve assemblY LS 1 9000.00 $9000.00 100% $9000.00 :w Sla 83+69 valve assemblY LS 1 9 000,00 $9 000.00 100% ~9 000.00 Materials On Hand LS 1 Subtotal for Granite Mountain Portion: $87 0040.00 COIl I Final ProIecl Quantities ILS 1 10,582.50 $10 582,50 PRuJEl;T roTAL: $808.237.50 $908 237.50 " Final pavement quantities shown here for BId Items .. 5, and 6 are quantities in place but not completely accepted by lhe Dislrict, The Dislrict is currenUy withholding $103.670.50 from paving payments ofwhlch $92.000 will be retained untlllhe Contractor has completed the pavement repair and/or replacement to lhe satisfaction and acceptance of lhe City of South Lake Tahoe and !he Dislrict. The paving balance due, $11,670.50 ($103,670.50 - $92,000). wiN be paid on lhe next pay estimate. * * * -14- PARTIAL CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS PARTIAL CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS (Agreement) is made in South Lake Tahoe, California, this _ day of December, 2008 by and between South Tahoe Public Utility District, ("DISTRICT'), and Cruz Excavating, Inc. ("CONTRACTOR') (each a "Party" and collectively the "Parties'). KNOW ALL PERSONS BY THESE PRESENTS: 1. The DISTRICT and CONTRACTOR entered into that agreement for Purchase Order No. P20493, DISTRICT project described as 2008 Tata Lane / Granite Mountain Waterline Replacement on July 16, 2008 ("Agreement'). The contract was amended through Change Order No.1, as approved by the Parties, pertaining to Purchase Order No. P20493, and dated December 18, 2008. 2 CONTRACTOR and DISTRICT agree that the total adjusted Contract price for Purchase Order No. P20493, after the execution of change orders, is as follows: Original Contract Price Adjusted Contract Price $ 897,655.00 $ 908,237.50 3. Other than the uncompleted paving portions of the project ("Unaccepted Work'), described below, the DISTRICT and CONTRACTOR wish to close out the Agreement and release any claims related thereto. The DISTRICT has not accepted all of the paving work performed by CONTRACTOR on the Tata Lane portion of the project. The pavement problems include open rock pOCkets at the surface, uneven pavement, uneven joints, and failed edges as detailed on the attached drawings. These drawings were prepared for repair estimate purposes only and may not fully reflect the entire quantity and locations of repairs that may actually be necessary. In the spring, the DISTRICT and the City of South Lake Tahoe will complete a review of all paved areas to determine the final repair and/or replacement requirements. The DISTRICT is withholding $92,000.000 for the Unaccepted Work ("Pavement Withholding'). The Pavement Withholding will be released when the CONTRACTOR completes all pavement repairs and/or replacement to the satisfaction and acceptance of the City of South Lake Tahoe and the DISTRICT. The CONTRACTOR shall complete this Unaccepted Work pursuant to a schedule approved by the DISTRICT and no later than June 30, 2009. The l-year warranty period for the Unaccepted Work shall commence upon the completion of the pavement repair and/or replacement work to the satisfaction and acceptance of the City of South Lake Tahoe and the DISTRICT. -75- 1 4. That the undersigned, as the authorized representative of CONTRACTOR, and for each of its successors, assigns and partners, for and in consideration of Eight Hundred Ninety-Seven Thousand, Six Hundred Fifty-Five Dollars and Zero Cents ($897,655.00), the original Contract amount, and the sum of Ten Thousand, Five Hundred Eighty-Two Dollars and Fifty Cents ($10,582.50) for Contract Change Order No.1, less the Pavement Withholding, receipt of which is acknowledged, does release and forever discharge the DISTRICT, and each of its successors, assigns, directors, officers, agents, servants, volunteers and employees, from any and all rights, claims, causes of action, demands, debts, obligations, liabilities, actions, damages, costs and expenses (including but not limited to attorneys', paralegal and experts' fees, costs and expenses) and other claims, which may be asserted against DISTRICT by reason of any matter or thing which was the subject matter of or basis for: A. The performance of all terms and conditions of that certain agreement dated July 16, 2008 for Purchase Order No. P20493, DISTRICT project described as 2008 Tata Lane / Granite Mountain Waterline Replacement. B. Change Order No.1, as approved by the parties, pertaining to Purchase Order No. P20493 and shown in Payment Request No.6, dated December 18, 2008. with the exception of the Unaccepted Work. 5. Nothing contained in this Agreement shall waive or alter the rights, privileges, and powers of the DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety(ies) in respect to any portions of the Contract Documents for Purchase Order No. P20493. 6. The DISTRICT has received the following claims from the CONTRACTOR: None. Except as expressly provided in this section, the DISTRICT has received no other claims from the CONTRACTOR. 7. Upon execution of this Agreement, the DISTRICT agrees to promptly record a NOTICE OF PARTIAL COMPLETION with the EI Dorado County Recorder. Upon completion of the Unaccepted Work, the Parties shall enter into a Closeout Agreement and Release of Claims, as to Unaccepted Work, and record a NOTICE OF COMPLETION with the EI Dorado County Recorder. 8. The current retention amount is Original Contract amount Total Change Order Amount Less: Amount Previously Paid (Request Nos. 1 through 5) $ 80,456.70 $ 897,655.00 $ 10,582.50 $ 724,110.30 -76- 2 Retainage Pavement Withholding BALANCE: $ 80,456.70 $ 92,000.00 $ 11,670.50 The retainage will be released to the CONTRACTOR at the expiration of thirty- five (35) calendar days after date of recording the NOTICE OF PARTIAL COMPLETION by EI Dorado County Recorder or when all stop notices have been released, whichever last occurs. The release provided pursuant to this Agreement shall not apply to CONTRACTOR'S right to the retention amount until and to the extent such amounts are received by CONTRACTOR. .2. It is understood and agreed by CONTRACTOR that the facts with respect to which the release provided pursuant to this Agreement is given may turn out to be other than or different from the facts as now known or believed to be, and CONTRACTOR expressly assumes the risk of the facts turning out to be different than they now appear, and agrees that the release provided pursuant to this Agreement shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts and CONTRACTOR expressly waives any and all rights it has or may have under California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." 10. The release made by the CONTRACTOR is not to be construed as an admission or admissions of liability and the CONTRACTOR denies any such liability. CONTRACTOR agrees that it will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the DISTRICT based on, arising out of, or in any way connected with the subject matter of this release. 11. The CONTRACTOR releases the DISTRICT from all claims other than any related to the Unaccepted Work, including but not limited to those of its Subcontractors for all delay and impact costs, if any. 12. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT, its successors, assigns, directors, officers, agents, servants, volunteers and employees, from and against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, -77- 3 ~1' liabilities, actions, causes of action, damages, costs, expenses and other claims, including but not limited to attorneys', paralegal and experts' fees, costs and expenses arising out of or connected with any such assignment or transfer or purported assignment or transfer. 13. The parties acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Agreement. The parties acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained in this Agreement. 14. The parties further acknowledge and represent that no promise, inducement or agreement, not expressed in this Agreement, have been made and that this Agreement contains the entire agreement among the parties and that the terms of the Agreement are contractual and not a mere recital. 15. The persons executing this Agreement represent and warrant to the other party that the execution and performance of the terms of this Agreement have been 'duly authorized by all corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter into this Agreement. SOUTH TAHOE PUBLIC UTILITY DISTRICT RICHARD H. SOLBRIG, GENERAL MANAGER December 18, 2008 BOARD APPROVAL DATE AlTEST: KATHY SHARP, CLERK OF BOARD DATED CRUZ EXCAVATING, INC. By: SCOTT FREIDUS, CEO DATED -78- 4 RECORDING REQUESTED BY: Heidi C. Donovan South Tahoe Public Utility District WHEN RECORDED MAIL TO: SOUTH TAHOE PUBliC l/TIUTY DISTRCf 1275 Meadow Crest Drive South Lake Tahoe CA 96150 APN:NA SPACE ABOVE THIS UNE FOR RECORDER'S USE NOTICE OF PARTIAL COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described. 2. The FULL NAME of the OWNER is SOUTH TAHOE PUBUC UTIUlY DISTRICT 3. The FULL ADDRESS of the OWNER is 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike "in fee" and insert here, for example, "purchaser under contract of purchase," or "lessee." 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name & Address Name & Address 6. The FULL NAMES of FULL ADDRESSES OF THE PREDECESSORS in INTEREST of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Name & Address Name & Address 7. A work of improvement on the property hereinafter described was COMPLETED on 11/1/2008. 8. The work of improvement completed is described as follows: 2008 Tata Lane/Granite Mountain Waterline Replacement Project. 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is ,Cruz EXCAVATING, INC. 10. The street address of said property is See EXHIBIT "A" attached. 11. The property on which said work of improvement was completed is in the Oty of South Lake Tahoe County of EI Dorado, State of California, and iS,described as follows: As shown in Exhibit "A" attached hereto and made a part hereof, and commonly known as DATE: December 1B, 200B SIGNATURE OF OWNER OR AGENT OF OWNER MARY LOU MOSBACHER, BOARD PRESIDENT VERIFICATION FOR INDMDUAL OWNER: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 DATE AND PLACE VERIFICATION FOR NON-INDMDUAL OWNER: SOUTH TAHOE PUBLIC UTILITY DISTR~CT I, the undersigned, declare under penalty of perjury under the laws of the State of Califomla that I am the oard Pres i dent of the aforesaid interest or estate in the property described In the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. DecE'lTlhpr 18, ?008 at South 1(l~E' Ti'lhnp, CA DATE AND PLACE SIGNATURE OF PERSON SIGNING ON BEHALF OF OWNER MARY LOU MOSBACHER -79- Notice of Completion ;f EXHIBIT "A" Notice of Completion 2008 TATA LANE/GRANITE MOUNTAIN WATERLINE REPLACEMENT PROJECT The site of the work is located in two areas: 1) Tata Lane, the section which lies northwest of Lake Tahoe Boulevard in the City of South Lake Tahoe, and 2) Iron Mountain, between the streets of Forest Mountain Drive, Granite Mountain Circle, and Iron Mountain Circle in the County of EI Dorado, California. The work to be performed consists of the installation of approximately 5,470 linear feet of new 8" waterline, services, meters, fire hydrants, interties, temporary by-pass, and associated work including paving, temporary erosion control and traffic control. Notice of Completion 2008 TATA LANE/GRANITE MOUNTAIN WATERLINE REPLACEMENT PROJECT EXHIBIT "A" -80- General Manager Richard H. SoIt1rig South Tahoe Public Utility District Directors Ernie Claudio James R. Jones Mary Lou Most1acher Dale Rise Eric Schafer 1275 Meadow Crest Drive - South Lake Tahoe - CA 96150-7401 Phone 530 544-6474- Fax 530 541-0614- www.stpud.us CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of the Notice of Completion that was approved by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, and executed by Board President, Mary Lou Mosbacher. Date Approved: Certified by: Kathy Sharp, Clerk of the Board -81- ~1M$1~ RIchard H. 50lbrig South Tahoe Public Utility District DI~ ErniIJ Claudie J~ R. JOl'I&6 hQrylou ~ o.le ~ 1215 MBSlJaw C..-eDrive · South Lake rah~. CA 96150 Phone 530 544-64-74 . Fax 530 541-0014 BOARD AGENDA ITEM 6c TO: Board of Directors FROM: John Thiel, Prinqipal Engineer MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: 2008 AI Tahoe Waterline Replacement REQUESTED BOARD ACTION: (1) Approve Change Order No.4 for Cruz Excavating, in the credit amount of <$52,344.00>; (2) Approve the Partial Closeout Agreement and Release of Claims; and (3) Authorize staff to file a Partial Notice of Completion with the EI Dorado County Clerk. DISCUSSION: Change Order No.4 is a final balancing change order to adjust bid quantities to final, in-place quantities, as shown on the attached Pay Estimate No.9. The District has not accepted all of the paving completed by Cruz Excavating under the AI Tahoe - Phase 2 portion of this contract. Cruz Excavating is responsible for supplemental pavement repairs and/or replacement to be completed by June 30, 2009. The District is currently withholding $71,346.00 and will retain $39,000.00 from their progress payments as security for the completion of this work. Staff plans to release the difference, $32,346.00, to Cruz Excavating on the next payment of claims. The closeout agreement and release of claims is labeled "partial" due to future work to be performed. The District has approved all other components of the contract work. Staff recommends approval of the partial Closeout Agreement and Release of Claims, and the filing of the partial Notice of Completion with the EI Dorado County Clerk. SCHEDULE: As soon as possible COSTS: Credit <$52,344.00> ACCOUNT NO: 2029-8811/ATWL08 BUDGETED AMOUNT REMAINING: <$78,010.00> ATTACHMENTS: Change Order No.4, Pay Estimate No.9, Partial Closeout Agreement and Release of Claims, Partia~ ~~~ice of Completion. John Thiel December 18, 2008 Page 2 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES--4-- NO CHIEF FINANCIAL OFFICER: YES----r- NO -84- CATEGORY: Water CHANGE ORDER NUMBER 4 Project: 2008 AI Tahoe Waterline Replacement Contractor: Cruz Excavatina, Inc. Date: December 18,2008 PO # P20152 The Contract Shall Be Changed As Follows: A. Change Bid Quantities to Final Quantities as shown on the attached Pay Estimate No.9 in the credit amount of $52,344.00. TOTAL FOR CHANGE ORDER NUMBER 418 ($52,344.00) Dollar Amounts ContraeUlme Original Contract $1,638,315.00 Previous Change Orders $ 648,895.52 Current Contract $ 2,287,210.52 THIS CHANGE ORDER $ . 52,344.00 New Contract Total $ 2,234,866.52 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 -85- 1 CHANGE ORDER SUMMARY ORIGINAL CONTRACT SUM $1,638,315.00 CHANGE ORDER DATE APPROVED AMOUNT OF CHANGE Change Order Sum $ 596,551.52 1 8.21.2008 $534,988.00 Contract Sum to Date: $2,234,866.52 2 11.6.2008 $ 64,890.00 TOTAL COMPLETED TO DATE $2,234,866.52* 3 11.20.2008 $49,017.52 Percent ( %) Complete 100%* ' 4 12.18.2008 - 52,344.00 Retainage $114,360.53 (10% of total completed. After 50% completion, District may elect not to increase the total amount retained to date.) *5% of Contract Sum to Date. ' Other Deductions (pavement withholding) $ 71 346.00 TOTAL PREVIOUS PAYMENTS $ 2,049,159.99 ' TOTAL TO DATE $596,551.52 AMOUNT DUE THIS PAYMENT $ _0_ Pay Estimate No. 9 Project: 2008 AL TAHOE WATERLINE REPLACEMENT SOUTH TAHOE PUBLIC UTILITY DISTRICT PAY ESTIMATE SUMMARY Date: December 18, 2008 ce tha ea ' ' ove ill is correct and just, that payment therefore has not been received. CONTRACTOR: Date: Purchase Order #: P20152 ntractor: Cruz Excavatin APPROVED: STPUD: Date: * Final pavement quantities shown here for Bid Items 52, 69, 85, 106, and 114 are quantities in place but not completely accepted by the District. The District is currently withholding $71,346 from paving payments of which $39,000 will be retained until the Contractor has completed the pavement repair and /or replacement to the satisfaction and acceptance of the City of South Lake Tahoe and the District. The paving balance due, $32,346 ($71,346 - $39,000), will be paid on the next pay estimate. CERTIFICATION OF CONTRACTOR I, (Name, please type or print) , the undersigned, am (Position only) , with the authority to (Name of business or contractor) CERTIFY under penalty of perjury that the payroll records used in the completion of this Pay Estimate Summary No. 9 complies with all State Labor Code laws and are on file at and (Address where records are located) shall be available for inspection as directed under Calif. Labor Code 991776 & 1812. Date: Signature: I further certify and affirm under penalty of perjury that all previous progress payments received on account of work completed have been applied to discharge in full all obligations for labor, materials and subcontractors for the work, materials, and subcontractor's efforts accrued to the date of payment. (General Conditions, Part 14.02) Date: Signature: FormslPay Estimate Summarysh 62298 -87- Item Description Unit Bid QTY Unit Price t.anrract Amount rinai Quantities rmai t.ontract Amount 1 Mobilization and demobilization LS 1 $130,000.00 $130,000.00 100% $130,000.00 2 Provide traffic control LS 1 $47,000.00 $47,000.00 100% $47,000.00 3 Provide install and maintain erosion control measures and other required BMPs LS 1 $8,800.00 $8,800.00 100% $8,800.00 4 Install and maintain shoring and soil stabilization for worker safety per OSHA and District LS 1 $13,500.00 $13,500.00 100% $13,500.00 5 Provide and install 3" thick trench pavement restoration SF 46,400 $4.50 $208,800.00 55016 $247,572.00 Contractor 6A. Shall Only Bid One Type of Pipe - rovi.e an. ins - : I • ass 350 Waterline Material LF for 9130 $0.00 $0.00 6B. Provide and install 8" PVC C900 (DR18) waterline LF 6326 $40.50 $256,203.00 6243 $252,841.50 6B1 Provide and install 8" PVC C900 (DR14) waterline LF 2804 $43.00 $120,572.00 3305 $142,115.00 7 Provide and install concrete encasement of new 8" waterline LF 360 $19.00 $6,840.00 140 $2,660.00 6 Provide and install 3/4" single water service EA 86 $1,625.00 $139,750.00 91 $147,875.00 9 Provide and install 1" single water service EA 32 $1,750.00 $56,000.00 36 $63,000.00 10 Provide and install 1.5" single water service EA 6 $2,000.00 $12,000.00 7 $14,000.00 11 Provide and install 2" single water service EA 6 $2,300.00 $13,800.00 7 $16,100.00 12 Provide and install 3/4" double water service EA 11 $1,900.00 $20,900.00 10 $19,000.00 13 Provide and install 1" double water service EA 3 $2,300.00 $6,900.00 1 $2,300.00 14 Provide and install a 1" meter EA 38 $1,300.00 $49,400.00 38 $49,400.00 15 Provide and install a 1.5" meter EA 6 $3,200.00 $19,200.00 6 $19,200.00 16 Provide and install a 2" meter EA 4 $3,900.00 $15,600.00 5 $19,500.00 17 Sta 1 +00 valve assembly LS 1 $7,300.00 $7,300.00 1 $7,300.00 18 Sta 4 +00 valve assembly LS 1 $8,100.00 $8,100.00 1 $8,100.00 19 Sta 6 +41 valve assembly LS 1 $8,300.00 $8,300.00 1 $8,300.00 20 Sta 8 +81 valve assembly LS 1 $8,000.00 $8,000.00 1 $8,000.00 21 Sta 10 +15 valve assembly LS 1 $8,400.00 $8,400.00 1 $8,400.00 22 Sta 15 +31 valve assembly LS 1 $9,500.00 $9,500.00 1 $9,500.00 23 Sta C 5 +11 valve assembly LS 1 $4,700.00 $4,700.00 1 $4,700.00 24 Sta C1 1 +00 valve assembly LS 1 $10,000.00 $10,000.00 1 $10,000.00 25 Sta C1 5 +49 valve assembly LS 1 $11,200.00 $11,200.00 1 $11,200.00 26 Sta B 5 +61 valve assembly LS 1 $11,200.00 $11,200.00 1 $11,200.00 27 Sta B 10 +00 valve assembly LS 1 $10,500.00 $10,500.00 1 $10,500.00 28 Sta B 14 +54 valve assembly LS 1 $11,500.00 $11,500.00 1 $1.1,500.00 29 Sta B1 1 +00 valve assembly LS 1 $7,300.00 $7,300.00 1 $7,300.00 30 Sta B1 5 +63 valve assembly LS 1 $9,800.00 $9,800.00 1 $9,800.00 31 Sta B1 9 +93 valve assembly LS 1 $11,300.00 $11,300.00 1 $11,300.00 32 Sta B1 14 +48 valve assembly LS 1 $10,500.00 $10,500.00 1 $10,500.00 33 Sta B1 18 +36 valve assembly LS 1 $8,500.00 $8,500.00 1 $8,500.00 34 Sta A 5 +47valve assembly LS 1 $11,200.00 $11,200.00 1 $11,200.00 35 Sta A 10 +00 valve assembly LS 1 $10,500.00 $10,500.00 1 $10,500.00 36 Sta A 14 +54 valve assembly LS 1 $6,000.00 $6,000.00 1 $6,000.00 37 Sta Al 1 +00 valve assembly LS 1 $7,200.00 $7,200.00 1 $7,200.00 38 Sta Al 5 +57 valve assembly LS 1 $9,800.00 $9,800.00 1 $9,800.00 39 Sta Al 9 +90 valve assembly LS 1 _V ii,500.00 $10,500.00 1 $10,500.00 SOUTH TAHOE PUBLIC UTILITY DISTRICT'S 2008 AL TAHOE WATERLINE REPLACEMENT PROJECT PAY ESTIMATE #9 (POC 12/18/08) 1 SOUTH TAHOE PUBLIC UTILITY DISTRICT'S 2008 AL TAHOE WATERLINE REPLACEMENT PROJECT PAY ESTIMATE #9 (POC 12/18/08) 40 Sta Ai 14+48 valve assembly LS 1 $11,600.00 $11.600,00 1 $11,600,00 41 Sta Ai 17+95 valve assembly LS 1 $8,700.00 $8.700,00 1 $8,700.00 42 Sta Ai 17+95,21' nonn valve assembly LS 1 $5,000.00 $5,000.00 1 $5,000.00 43 rovlae ana Install Tire nyaram, valve and piping EA 23 $5,100.00 $117,300.00 23 $117,300.00 ADanaon ana remove eXlsllng Tire 44 hydrants and retum to District yards EA 4 $800.00 $3,200,00 4 $3.200,00 45 It;ut, cap ana aoanaon exIsllng water mains EA 33 $700.00 $23.100.00 18 $12,600.00 46 I Keplace concrete rolleo cum ana gutter to match existing LF 10 $85.00 $850.00 10 $850.00 47 l;l" mill ana;l' aspnall ovenay lor intersections SF 52.800 $2.50 $132,000.00 41487 $103,717.50 COli: CAPISTRANO AVE 48 Mob and Demob LS 1 $6,300.00 $6.300.00 100% $6,300.00 49 Traffic Control LS 1 $2.100.00 $2,100.00 100% $2,100.00 50 Erosion Control LS 1 $1,050.00 $1,050.00 100% $1.050.00 51 Maintain Shoring LS 1 $420.00 $420,00 $0.00 rovlae ana InSlCl" " I 52 pavement restoration SF 5.400 $6,00 $32,400.00 8340 $50.040,00 53 I Proviae ana inS..." 0 (DR18) waterline LF 875 $45.00 $39.375.00 630 $28.350.00 54 II"rovloe ana Ins..." u , . v t;lN\J (DR14) waterline LF 189 $47.00 $8,883.00 400 $18.800.00 55 Il-'rOVlae ana Install ;jf4' single water service EA 18 $1,475.00 $26,550.00 18 $26,550,00 56 I Provide ana InStall l' single water service EA 2 $1,550.00 $3,100.00 2 $3,100.00 57 II-'rovlae ana Install ;jf4" OOUDle water service EA 1 $1,900.00 $1.900.00 1 $1,900.00 58 Sta 1 +00 valve assembly LS 1 $12,500.00 $12,500.00 1 $12.500,00 59 Sta 2+95 valve assembly LS 1 $13.000.00 $13,000.00 $0.00 60 Sta7+17 valve assembly LS 1 $12,500.00 $12,500.00 $0,00 61 Sta 6+84 valve assembly LS 1 $12,500.00 $12,500.00 1 $12.500,00 62 Sta 11 +64 valve assembly LS 1 $13,000.00 $13.000,00 1 $13,000,00 63 wrovloe ana InStall Tire nyaram, $22,500,00 valve and piping EA 3 $7,500,00 $22,500,00 3 64 I (;ut, cap ana aDanoon eXlsllng water mains EA 3 $1.000.00 $3,000.00 4 $4,000.00 COli PALOMA AVE 65 Mob and Demob LS 1 $4,800.00 $4,800.00 100% $4,800,00 66 Traffic Control LS 1 $1,600,00 $1.600.00 100% $1.600.00 67 Erosion Control LS 1 $800,00 $800,00 100% $800,00 68 Maintain Shoring LS 1 $320,00 $320,00 100% $320.00 69 Proviae ana Install 3" lniCk trencn pavement restoration SF 4,200 $6,00 $25,200,00 6030 $36,180.00 70 I-'rovloe ana InStall /j" /"Vt; t;lN\J (DR18) waterline LF 811 $45,00 $36,495,00 792 $35,640,00 71 I-'rovlae ana Install ;1/4' single water service EA 16 $1,475,00 $23.600,00 16 $23,600,00 72 Provide ana Install l' Single water service EA 3 $1,550.00 $4,650.00 3 $4,650.00 73 rovloe ana InStall ;jf4" OOUDle water service EA 1 $1.900,00 $1,900,00 1 $1.900.00 74 Sta 1 +00 valve assembly LS 1 $9,500.00 $9,500,00 1 $9,500.00 75 Sta1+14 valve assembly LS 1 $9.500,00 $9,500,00 $0.00 76 Sta1+44 valve assembly LS 1 $9,500.00 $9,500,00 $0,00 77 Sta 5+49 valve assembly LS 1 $13,000.00 $13,000.00 1 $13,000.00 78 Sta 9+11 valve assembly LS 1 $12,500,00 $12,500.00 1 $12,500,00 * * -89- 2 SOUTH TAHOE PUBLIC UTILITY DISTRICT'S 2008 AL TAHOE WATERLINE REPLACEMENT PROJECT PAY ESTIMATE #9 (POC 12/18/08) 79 provlae ana Install 1118 nyarant, valve and piping EA 1 $7,500,00 $7.500,00 1 $7.500,00 80 ....ut, cap ana abanaon existing water mains EA 4 $1,000,00 $4,000,00 4 $4.000,00 C0#1 PLACER AVENUE 81 Mob and Demob LS 1 $2,400,00 $2.400.00 100% $2.400,00 82 Traffic Control LS 1 $800.00 $800.00 100% $800,00 83 Erosion Control LS 1 $400.00 $400.00 100% $400,00 84 Maintain Shoring LS 1 $160,00 $160,00 100% $160.00 rOVKle ana Install ~ mlCl< lfencn 65 pavement restoration SF 2.200 $6.00 $13,200,00 3407 $20,442.00 rovlae ana Ins..... 0 . ~ ~vvv 66 (DR16) waterline LF 440 $45.00 $19,600,00 445 $20,025,00 I t'rovlae ana mstall ;:1/4-- smgle 67 water service EA 11 $1,475.00 $16.225,00 11 $16,225.00 I provlae ana mstall 3/4- aouale 66 water service EA 1 $1,900,00 $1,900,00 1 $1.900.00 69 Sta 1 +00 valve assembly LS 1 $6.000.00 $6,000,00 1 $6.000,00 90 Sta 5+40 valve assembly LS 1 $13.000.00 $13,000.00 1 $13.000.00 91 Sta1+oo 4' north valve assembly LS 1 $13.000.00 $13.000,00 $0,00 rovlae ana InSIBII ore nyorant. 92 valve and piping EA 1 $7,500.00 $7.500,00 1 $7,500.00 ....Ul. cap ana acanaon eXlsllng 93 water mains EA 2 $1.000.00 $2,000,00 1 $1.000,00 C0#1 TULARE AVENUE 94 Mob and Demob LS 1 $1.500.00 $1,500,00 $0,00 95 1'raffie Control LS 1 $500.00 $500,00 $0.00 96 Erosion Control LS 1 $250.00 $250,00 $0,00 97 Maintain Shoring LS 1 $100.00 $100,00 $0,00 96 provlae ana mstall ;:1- tnlCK uencn pavement restoration SF 1,200 $6.00 $7.200.00 $0,00 99 rovlae ana mstall on t'v.... ....lIW (DR18) waterline LF 236 $45,00 $10,710,00 $0,00 100 rovloe ana mstall "'4' smgle water service EA 1 $1.900.00 $1,900.00 $0,00 101 Sta 1+00 valve assembly LS 1 $6.000.00 $6,000.00 $0.00 102 Sta2+59 valve assembly LS 1 $9,500,00 $9,500,00 $0.00 103 Sta3+34 valve assembly LS 1 $9.500.00 $9,500.00 $0,00 104 Sta 3+36 valve assembly LS 1 $9,500.00 $9.500.00 $0,00 105 I....Ul. cap ana acancon eXlsung water mains EA 2 $1,000.00 $2.000,00 $0.00 C0#2 ADD'L BLOCK TO CAPISTRANO WATERLINE 106 I provlae ana Install 3- tnlCK trencn pavement restoration SF 2500 $6,00 $15,000,00 2716 $16,296.00 107 It'rovlae ana InStall 0' (DR16) waterline LF 270 $45.00 $12.150,00 270 $12.150,00 106 'provlae ana Install 0" (DR14) waterline LF 120 $47,00 $5,640,00 120 $5.840,00 109 provlae ana Install ;:1/4" smgle water service EA 6 $1,475.00 $11,600,00 6 $11.600,00 110 rovlae ana mSIBII r smgle water service EA 2 $1.550.00 $3,100,00 2 $3.100.00 111 Provide and install 1" water meter EA 2 $1,650,00 $3,700.00 2 $3.700,00 112 Station 15+25 valve assembly LS 1 $12.500.00 $12,500,00 1 $12,500,00 113 ....Ul. cap ana acanaon eXlsung water mains LS 1 $1,000.00 $1,000.00 1 $1.000,00 C0#3 114 Z" mill ana ;t.- aspnalt ovenay lor intersections at Capistrano SF 3949 $5,00 $19,745,00 3949 $19,745.00 115 provlae ana mstall l' water meter Capistrano EA 2 $1.850.00 $3.700.00 2 $3,700,00 * * * -90- 3 SOUTH TAHOE PUBLIC UTILITY DISTRICT'S 2008 AL TAHOE WATERLINE REPLACEMENT PROJECT PAY ESTIMATE #9 (POC 12118108) I Increase u pipe rating 116 from DR18 to DR14 for Paloma Waterline LF 250 $2.00 $500.00 250 $500,00 I Increase ll, ~ ~vvv pipe rating 117 from DR18 to DR14 For Placer Waterline LF 445 $2.00 $890.00 445 $890.00 118 ! t:Xtra VVOrK penonnea Tram 6/4/08 to 10/16/08 LS 1 $24,182.52 $24,182.52 100% $24,182.52 COM Final Balance Quantities LS 1 -$52,344.00 -$52,344,00 PROJECT TOTAL: $2,234,888.52 $2,234,888.52 * Final pavement quantities shown here for Bid Items 52, 69, 85, 106 and 114 are quantities in place but not completely accepted by the District. The District is currently withholding $71,346.00 from paving payments of which $39,000 will be retained until the Contractor has completed the pavement repair and/or replacement to the satisfaction and acceptance of the City of South Lake Tahoe and the District. The paving balance due, $32,346,00 ($71 ,346 - $39,000), will be paid on the next pay estimate. -91- 4 PARTIAL CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS PARTIAL CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS (Agreement) is made in South Lake Tahoe, California, this _ day of December, 2008 by and between South Tahoe Public Utility DISTRICT, ("DISTRICT", and Cruz Excavating, Inc. ("CONTRACTOR") (each a "Party" and collectively the "Parties''). KNOW ALL PERSONS BY THESE PRESENTS: 1. The DISTRICT and CONTRACTOR entered into that agreement for Purchase Order No. P20152, DISTRICT project described as 2008 AI Tahoe Waterline Replacement on April 23, 2008 ("Agreement''). The contract was amended through Change Orders No.1, 2, 3, and 4, as approved by the parties, pertaining to Purchase Order No. P20152 and dated August 21, 2008, November 6, 2008, November 20,2008, and December 18, 2008, respectively. 2. CONTRACTOR and DISTRICT agree that the total adjusted Contract price and time of performance for Purchase Order No. P20152, after the execution of change orders, is as follows: Original Contract Price Adjusted Contract Price $ 1,638,315.00 $ 2,234,866.52 3. Other than the uncompleted paving portions of the project ("Unaccepted Work''), described below, the DISTRICT and CONTRACTOR wish to close out the Agreement and release any claims related thereto. The DISTRICT has not accepted all of the paving work completed by CONTRACTOR on the AI Tahoe (Phase 2) portion of the project. The pavement problems include open rock pockets at the surface, uneven pavement, uneven joints, and failed edges as detailed on the attached drawings. These drawings were prepared for repair estimate purposes only and may not fully reflect the entire quantity and locations of repairs that may actually be necessary. In the spring, the DISTRICT and the City of South Lake Tahoe will complete a review of all paved areas to determine the final repair and/or replacement requirements. The DISTRICT is withholding $39,000.00 for the Unaccepted Work ("Pavement Withholding''). The Pavement Withholding will be released when the CONTRAcrOR completes all pavement repairs and/or replacement to the satisfaction and acceptance of the City of South Lake Tahoe and the DISTRIcr. The CONTRAcrOR shall complete this Unaccepted Work pursuant to a schedule approved by the DISTRICT and no later than June 30, 2009. The 1-year warranty period for the Unaccepted Work shall commence upon the completion of the pavement repair -92- 1 and/or replacement work to the satisfaction and acceptance of the City of South Lake Tahoe and the DISTRICT. 4. That the undersigned, as the authorized representative of CONTRACTOR, and for each of its successors, assigns and partners, for and in consideration of One Million, Six Hundred Thirty-Eight Thousand, Three Hundred Fifteen Dollars and Zero Cents ($1,638,315.00), the original Contract amount, and the sum of Five Hundred Ninety-Six Thousand, Five Hundred Fifty-One Dollars and Fifty-Two Cents ($596,551.52) for Contract Change Orders Nos. 1, 2, 3, and 4, less the Pavement Withholding, receipt of which is acknowledged, does release and forever discharge the DISTRICT, and each of its successors, assigns, directors, officers, agents, servants, volunteers and employees, from any and all rights, claims, causes of action, demands, debts, obligations, liabilities, actions, damages, costs and expenses (including but not limited to attorneys', paralegal and experts' fees, costs and expenses) and other claims, which may be asserted against DISTRICT by reason of any matter or thing which was the subject matter of or basis for: A. The performance of all terms and conditions of that certain agreement dated April 23, 2008 for Purchase Order No. P20152, DISTRICT project described as 2008 AI Tahoe Waterline Replacement. B. Change Orders No.1, 2, 3, and 4, as approved by the parties, pertaining to Purchase Order No. P20152 and dated August 21, 2008, November 6, 2008, November 20, 2008, and December 18, 2008, respectively. with the exception of the Unaccepted Work. 5. Nothing contained in this Agreement shall waive or alter the rights, privileges, and powers of the DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety(ies) in respect to any portions of the Contract Documents for Purchase Order No. P20152. 6. The DISTRICT has received the following claims from the CONTRACTOR: None. Except as expressly provided in this section, the DISTRICT has received no other claims from the CONTRACTOR. 7. Upon, execution of this Agreement, the DISTRICT agrees to promptly record a NOTICE OF PARTIAL COMPLmON with the EI Dorado County Recorder. Upon completion of the Unaccepted Work, the Parties shall enter into a Closeout Agreement and Release of Claims, as to Unaccepted Work, and record a NOTICE OF COMPLffiON with the EI Dorado County Recorder. -93- 2 8. The current retention amount is Original Contract amount Total Change Order Amount Less: Amount Previously Paid (Request Nos. 1 through 5) Retainage Pavement Withholding BALANCE: $ 114,360.53 $ 1,638,315.00 $ 596,551.52 $ 2,049,159.99 $ 114,360.53 $ 39,000.00 $ 32,346.00 The retainage will be released to the CONTRACTOR at the expiration of thirty- five (35) calendar days after date of recording the NOTICE OF PARTIAL COMPLETION by EI Dorado County Recorder or when all stop notices have been released, whichever last occurs. The release provided pursuant to this Agreement shall not apply to CONTRACTOR'S right to the retention amount until and to the extent such amounts are received by CONTRACTOR. 9. It is understood and agreed by CONTRACTOR that the facts with respect to which the release provided pursuant to this Agreement is given may turn out to be other than or different from the facts as now known or believed to be, and CONTRACTOR expressly assumes the risk of the facts turning out to be different than they now appear, and agrees that the release provided pursuant to this Agreement shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts and CONTRACTOR expressly waives any and all rights it has or may have under California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." 10. The release made by the CONTRACTOR is not to be construed as an admission or admissions of liability and the CONTRACTOR denies any such liability. CONTRACTOR agrees that it will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the DISTRICT based on, arising out of, or in any way connected with the subject matter of this release. 11. The CONTRACTOR releases the DISTRICT from all claims, other than any related to the Unaccepted Work, including but not limited to those of its Subcontractors for all delay and impact costs, if any. 12. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not assigned or transferred or purported to assign or transfer -94- 3 to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT, its successors, assigns, directors, officers, agents, servants, volunteers and employees, from and against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims, including but not limited to attorneys', paralegal and experts' fees, costs and expenses arising out of or connected with any such assignment or transfer or purported assignment or transfer. 13. The parties acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Agreement. The parties acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained in this Agreement. 14. The parties further acknowledge and represent that no promise, inducement or agreement, not expressed in this Agreement, have been made and that this Agreement contains the entire agreement among the parties and that the terms of the Agreement are contractual and not a mere recital. 15. The persons executing this Agreement represent and warrant to the other party that the execution and performance of the terms of this Agreement have been duly authorized by all corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter into this Agreement. SOUTH TAHOE PUBLIC UTILITY DISTRICT RICHARD H. SOLBRIG, GENERAL MANAGER December 18, 2008 BOARD APPROVAL DATE ATTEST: KATHY SHARP, CLERK OF BOARD DATED CRUZ EXCAVATING, INC. By: SCOTT FREIDUS, CEO DATED -95- 4 RECORDING REQUESTED BY: Heidi C. Donovan South Tahoe Public Utility District WHEN RECORDED MAIL TO: SOUTH TAHOE PUBliC UTIliTY DISTRCT 1275 Meadow Crest Drive South Lake Tahoe CA. 96150 SPACE ABOVE THIS UNE FOR RECORDER'S USE APN:NA NOTICE OF PARTIAL C_QMPLEJION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described. 2. The FULL NAME of the OWNER is SOUTH TAHOE PUBUC UTIUTY DISTRICT 3. The FULL ADDRESS of the OWNER is 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike "in fee" and insert here, for example, "purchaser under contract of purchase," or "lessee." 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name & Address Name & Address 6. The FULL NAMES of FULL ADDRESSES OF THE PREDECESSORS in INTEREST of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Name & Address Name & Address 7. A work of improvement on the property hereinafter described was COMPLETED on 11/1/2008. 8. The work of improvement completed is described as follows: 2008 AI Tahoe Waterline Replacement Project. 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is ,Cruz EXCAVATING, INC. 10. The street address of said property is See EXHIBIT "A" attached. 11. The property on which said work of improvement was completed is in the City of South Lake Tahoe County of EI Dorado, State of California, and is .described as follows: As shown in Exhibit "A" attached hereto and made a part hereof, and commonly known as DATE: December 18, 20~ VERIFICATION FOR INDIVIDUAL OWNER: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property desaibed in the above notice; that I have read said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. SA~~YUEn8F~~gs~e~t~~NTB~A~~N~~ESIDENT DATE AND PLACE SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFICATION FOR NON.INDIVIDUALOWNER: SOUTH TAHOE PUBLIC UTILITY DISTRICT I, the undersigned, declare under penalty of perjury under the laws of the State of Califomia that I am the ~n;1 rei P rp c; i elpn t of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. Oecember lR, 200R at South Lake Tahoe, CA DATE AND PLACE SIG~(\TURE OF PERSON.SIGNING ON BEHALF OF OWNER MARY LOU MOSBACHER -96- Notice of Completion EXHIBIT "A" Notice of Completion 2008 AL TAHOE WATERLINE REPLACEMENT PROJECT The site of the work is located on Bellevue Avenue to Lakeview Avenue, west on Lily Avenue at Bellevue Avenue to the dead end of Lily Avenue. East on San Jose Avenue to Berkeley Avenue, Continue east on San Jose Avenue at Fresno Avenue to dead end on San Jose Avenue. East on Alameda Avenue at Bellevue Avenue to Nevada Avenue, continue east on Alameda Avenue at Sacramento Avenue to Alameda Avenue and Harrison Avenue. East on Tallac Avenue at Bellevue Avenue to Nevada Avenue, continue east on Tallac Avenue at Sacramento Avenue to Tallac Avenue and Harrison Avenue; on Capistrano from EI Dorado Avenue to Sacramento Avenue; on Paloma Avenue from Nevada Avenue to Oakland Avenue; and on Placer Avenue from Sacramento Avenue to Oakland Avenue in the City of South Lake Tahoe, California. The work to be performed consists of construction of approximately 12,205 linear feet of new 8" waterline, services, meters, fire hydrants, interties and appurtenant work, including paving, striping, erosion control and traffic control. Notice of Completion 2008 AL TAHOE WATERLINE REPLACEMENT PROJECT EXHIBIT "A" -97- General Manager Richard H. Solbrig South Tahoe Public Utility District Directors Ernie Claudio James R. Jones Mary Lou Mosbacher Dale Rise Eric Schafer I 1275 Meadow Crest Drive. South Lake Tahoe. CA 96150-7401 Phone 530 544-6474. Fax 530541-0614. www.stpud,us CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of the Notice of Completion that was approved by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, and executed by Board President, Mary Lou Mosbacher. Date Approved: Certified by: Kathy Sharp, Clerk of the Board -98- Gltneral Ma~ ~chart.l H.. Soltlrtf South Tahoe Public Utility District DfI'flGtol'lJ ernllt CI""aio JalMlf It JOM6 h.Wy Lou IW.Mlntchdr D.tIeRl~ 1215 Mesdow Cmse DM · South lake Tah~ · CA ge150 Phone 530544-6474. Fax 530 641-0014 BOARD AGENDA ITEM 6d TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: Twin Peaks Booster Station and Waterline Replacement 2:30 P.M. PUBLIC MEETING REQUESTED BOARD ACTION: (1) Hold a Public Meeting to receive any comments on the Initial Study and Negative Declaration of Environmental Impact; (2) Certify the Negative Declaration of Environmental Impact; and (3) Approve the additional "De Minimis" finding that the project will have no effect on wildlife resources; and (4) Authorize staff to submit a California Department of Fish and Game Certificate of Fee Exemption. DISCUSSION: The District has approved the Initial Study and the determination of no significant effect on the environment, prepared a Notice of Intent to Adopt a Negative Declaration with submittal to the State Clearinghouse, and published such notice in the Tahoe Tribune. At this time, after a review period of over 30 days, staff has received no comments or questions on the proposed action. At 2:30 p.m., open a meeting to receive public input on the Initial Study and Negative Declaration of Environmental Impact for the Twin Peaks Booster Station and Waterline Replacement Project. After receiving public comments and response to comments by staff, the Board may close the meeting, certify the Negative Declaration of Environmental Impact, and approve the project. The Environmental Checklist and supporting documentation completed supports a finding that the project will have no effect on wildlife. The Board can make this additional "De Minimis" finding and authorize staff to file a fee exemption. -99- John Thiel December 18, 2008 Page 2 SCHEDULE: N/A. COSTS: N/A. ACCOUNT NO: 2029-70701TPBSTR BUDGETED AMOUNT REMAINING: $72,398 ATTACHMENTS: Notice of Intent To Adopt a Negative Declaration. CONCURRENCE wtTH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES-r--- NO CATEGORY: Water -100- NOTICE OF INTENT To Adopt a Negative Declaration SUBJECT: Notice of Intent to Adopt a Negative Declaration in Compliance with Section 15072 ofthe California Environmental Quality Act South Tahoe Public Utility District (STPUD) is the lead agency under the California Environmental Quality Act (CEQA) in the preparation of a Negative Declaration (ND) for the action identified below. PUBLIC: STPUD requests your comments and concerns regarding the environmental issues associated with the proposed action. ACTION TITLE: Twin Peaks Booster Pump Station and Waterline Project ACTION LOCATION: EI Dorado County APN 032-314-13 and 032-314-14 within the City of South Lake Tahoe, California, and the right-of way of Lake Tahoe Boulevard south of "D" Street, within the unincorporated area ofEI Dorado County, California. ACTION DESCRIPTION: The proposed action consists of, 1) adjustment of boundaries between two adjacent parcels, EI Dorado County APN 032-314-13 andAPN 032-314-14; 2) construction of a new booster station building on the resulting (larger) parcel APN 032-314-13; 3) construction of new 12-inch diameter water mains within Lake Tahoe Boulevard between the proposed booster station and "D" Street, approximately 2,150 feet to the north. POTENTIAL ENVIRONMENTAL EFFECTS: The Initial Study describes the potential environmental effects of the proposed action and determined that the action would not result in any significant adverse environmental effects as a result of implementation. PUBLIC REVIEW PERIOD: STPUD has determined to make this Notice of Intent (NO!), ND, and Initial Study available for public review and comment pursuant to Section 15073(a) of the CEQA Guidelines. The comment period for the NO!, ND, and Initial Study begins October 30, 2008 and ends on December 2,2008 at 5 p.m. STPUD's Board of Directors will consider adopting the ND at its regularly scheduled Board Meeting on December 4, 2008 at 2:00 p.m. to which the Public and all interested parties to this matter are invited. RESPONSES AND COMMENTS: Please indicate a contact person for your agency or organization and send your responses and comments to: John A. Thiel, P.E., M.B.A. Principal Engineer, STPUD 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 DOCUMENT AVAILABILITY: The NO!, ND, and Initial Study are available for review during regular business hours at the STPUD offices at 1275 Meadow Crest Drive, South Lake Tahoe, CA. If you require additional information, please contact Mr. Thiel at (530) 543-6209 or submit questions and comments by fax at 530-541-4319. -101- Utmmll Ms~ lticnlllrd H. Sol~ South Tahoe Public Utility Dietrict Dirtctor& Ernie ClllllUllo JlIlm. R. JOMtt MAry Lou MoDJICher D.tIe ~ or 1215 M~ CrmJtDrIve · South Lake Tahoe · CA 96t50 Phon" 530 544-0474. Fax 530 641-0614 BOARD AGENDA ITEM 6e TO: FROM: Board of Directors Richard Solbrig, General Manager MEETING DATE: December 18, 2008 ITEM - PROJECT NAME: Memorandum of Understanding between the South Tahoe Public Utility District (District) and the Management Staff of the District REQUESTED BOARD ACTION: Approve proposed changes to Management Staffs Memorandum of Understanding. DISCUSSION: The Finance Committee, District Staff, and the Management Group Representatives have met regarding contract renewal. Due to the uncertain economic times, the negotiating teams and the Finance Committee agreed that in lieu of the typical multi-year contract using industry survey data to determine position salary ranges, that a one year contract using a Cost of Living Adjustment would be more appropriate at this time. The Cost of Living Adjustment would be based on the November 2008 CPI Small West Coast Cities, and the contract would be effective January 8, 2009, through January 6, 2010. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Due to its length, the Memorandum of Understand was provided to Board and staff plus a copy for public review. Additional copies can be provided upon request to the Clerk of the Board. CATEGORY: General CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES-F- NO -103- MEMORANDUM OF UNDERSTANDING January 13, 2005 January 7,2000 January 8, 2009 - January 6, 2010 SOUTH TAHOE PUBLIC UTILITY DISTRICT AND MANAGEMENT STAFF OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TABLE OF CONTENTS SECTION TOPIC PAGE SECTION 1 ADMINISTRATION 1 SECTION 2 DEFINITIONS 1 SECTION 3 EMPLOYMENT 3 SECTION 4 EMPLOYMENT OF RELATIVES 4 SECTION 5 PROMOTION/PROBA TION 4 SECTION 6 PHYSICAL EXAMINATIONS 5 SECTION 7 ASSIGNMENTS REQUIRING MOTOR VEHICLES 6 SECTION 8 EMPLOYEE TRAINING 6 SECTION 9 EDUCATIONAL ASSIGNMENTS 7 SECTION 10 PERFORMANCE EV ALUA TIONS 7 SECTION 11 HOURS OF WORK 8 SECTION 12 EMERGENCY ASSIGNMENTS 8 SECTION 13 SALARY RANGE UPON APPOINTMENT TO A CLASS 9 SECTION 14 MERIT INCREASES IN SALARY RANGE 9 SECTION 15 OVERTIME & COMPENSATORY TIME 9 SECTION 16 PAYMENT OF SALARY 11 SECTION 17 SALARY ADJUSTMENTS 12 SECTION 18 ASSIGNMENTS REQUIRING TRAVEL 12 SECTION 19 HOLIDAYS 13 SECTION 20 VACATION LEAVE WITH PAY 13 SECTION 21 SICK LEAVE WITH PAY 15 SECTION 22 WORKERS' COMPENSATION INSURANCE 17 SECTION 23 LEAVES OF ABSENCE 17 SECTION 24 FAMIL Y DEATH LEAVE 19 SECTION 25 JURY DUTY LEAVE 20 SECTION 26 MILITARY ABSENCE 20 SECTION 27 HEAL TH, LIFE, AND PENSION BENEFITS 21 SECTION 28 CODE OF CONDUCT 24 SECTION 29 DISCIPLINARY PROCEDURE 26 SECTION 30 GRIEVANCE PROCEDURE 28 SECTION 31 DISTRICT RIGHTS 30 SECTION 32 ENTIRE AGREEMENT 31 SECTION 33 SEPARABILITY OF SECTIONS 31 SECTION 34 TERM OF AGREEMENT 31 SECTION 35 NO STRIKE AGREEMENT 31 EXHIBIT A MONTHL Y PAY BY POSITION 1/13/05 1/11/06 EXHIBIT B SALARY SURVEY 'NORKSHEETS 1. Salary Survey Comparable Positions 2005 2. Salary Survoy Job Desoriptions 3. 2004 Salary Survey Summary 4. 2005 Manager's S31ary & Futuro Incre3ses EXHIBIT B POLICY FOR USE OF DISTRICT VEHICLES EXHIBIT C DISTRICT/MANAGEMENT COMPENSATION POLICY MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, hereinafter referred to as "MOU" or Memorandum of Understanding, is made and entered into by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT, hereinafter referred to as the "District", and THE MANAGEMENT STAFF OF SOUTH TAHOE PUBLIC UTILITY DISTRICT, hereinafter referred to as "Management" or "Employee", and has as its purpose the promotion of harmonious labor relations between the District and Management; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rate of pay, and other conditions of employment. SECTION 1. ADMINISTRATION A. The General Manager shall be responsible for the administration of, and has the authority to administer, this Memorandum of Understanding, except as specifically provided herein, and shall specify such administrative procedures, forms, records, reports and audits he/she deems necessary for proper administration of the Memorandum of Understanding. The General Manager may assign to other District employees such duties in connection with this MOU as he/she deems proper and exped ient. B. It shall be the duty of the General Manager to keep, or cause to be kept, accurate records of the application of this Memorandum of Understanding. C. The District agrees to advise new Employees of the existence of this Memorandum of Understanding. SECTION 2. DEFINITIONS For the purpose of this Memorandum of Understanding, certain words and phrases are hereby defined as follows: A. ALTERNATIVE WORK SCHEDULE: Any schedule which involves a variation of the regular work schedule for a total of an average of 40 hours per week. B. ANNUAL SALARY: The amount of individual compensation for a full year of service, which is established specifically in Exhibit "A" C. BOARD: The elected Board of Directors of the South Tahoe Public Utility District. D. CLASS: Any position or group of positions within the same pay range as designated in Exhibit "A" attached hereto and made a part hereof. 1 E. CLASSIFIED EMPLOYEES: All Employees filling positions within Management that are responsible to the General Manager rather than the Board of Directors. The Clerk of the Board shall be designated a Classified Employee for purposes of this Memorandum of Understanding, with the understanding that the Clerk is responsible to the General Manager and the Board of Directors. F. CONFIDENTIAL EMPLOYEES: The General Manager shall be considered a Confidential Employee and is excluded from this Memorandum of Understanding. G. CONTRACT YEAR: The Contract Year shall begin on the first pay period of each calendar year, and shall last twenty-six (26) pay periods. H. DAY: A calendar day. I. DEMOTION: A change in position to a position in a lower class. J. DISTRICT: The South Tahoe Public Utility District, a California public utility district. K. EMPLOYEE: A management Employee of the District subject to this Memorandum of Understanding. L. GENERAL MANAGER: The person having the lawful authority to appoint or to remove persons from positions in the District service, and to designate persons to perform those duties which legally may be delegated. M. HOURLY RATE: The amount of individual compensation for a full hour's service, which is computed by dividing annual salary by the number of working hours in a year. (It is hereby understood there are 2,080 working hours per year.) N. JOB DESCRIPTION: The job description for each Employee is attached hereto as "Enclosure", and made a part hereof. The General Manager or his/her designee and any affected Employees will meet and confer prior to any change in Job Description. O. PAID STATUS: Includes hours worked and time on paid leave (Le., vacation, sick, comp time, jury duty). P . PROBATIONARY EMPLOYEES: Those persons employed for a classified position, who have not been in District service for a consecutive six-month period. All new Employees shall serve as Probationary Employees for the first six months of their employment. Completion of a satisfactory probation period is mandatory before becoming a permanent Employee. During this time, the Employee must demonstrate he/she can and will perform the duties of the position satisfactorily. It is the responsibility of the Employee's supervisor to give him/her proper orientation 2 and training during this period. The supervisor is also to rate his/her performance, and if unsatisfactory, to dismiss him/her before the Employee is given a permanent position with the District. Q. PROMOTION: A change in position to a position in a higher class. R. RANGE: The minimum and maximum salary rates which may be paid to Employees within a Class, which is established specifically in Exhibit AA@ attached hereto. S. REGULAR EMPLOYEES: Any Employees who have completed a probationary period and who occupy a permanent position, established in accordance with Exhibit AA@. T. REGULAR WORK SCHEDULE: A work schedule consisting of eight hours per day, five days per week. U. TRANSFER: Movement to a position within the same class. V. UNION: Stationary Enqineers Local 39, representing those employees ofthe District not covered by this MOU, not including the General Manager, and the Board, which are neither Union nor Management. W. WORK DAY: A regular business day from 8:00 a.m. to 5:00p.m., Monday through Friday. X. WORKWEEK: The seven-consecutive-day period beginning on Thursday at 12:00 midnight and ending on Wednesday at 11 :59 p.m.. SECTION 3. EMPLOYMENT A. It is the policy of the District that its Employees shall be selected on the basis of education, experience, fitness, merit and efficiency. The District is an Equal Opportunity Employer. Job openings are to be anticipated and well publicized throughout the District so that qualified employees and others will have full opportunity to present applications for consideration. Employment shall be the responsibility of the General Manager, with the exception of the position of Executive Services Manager, employment of whom the General Manager shall make recommendations to the Board, upon which the Board shall make the final decision. B. Job openings shall be posted for a minimum of one week within the District facilities. At the General Manager's discretion, said posting may be prior to or concurrent with advertisement to the general public. 3 SECTION 4. EMPLOYMENT OF RELATIVES A. Relatives of present employees may be hired by the District only if 1 ) the individuals concerned will not work in a direct supervisory relationship, and 2) the employment will not pose difficulties for supervision, security, safety, or morale. "Relatives" are defined as spouses, children, sisters, brothers, mothers, or fathers, and persons related by marriage. B. Present employees who marry, or who become related by marriage after December 25, 1996, will be permitted to continue employment with the District only if they do not work in a direct supervisory relationship with one another, or otherwise pose difficulties for supervision, security, safety or morale. C. If employees who marry, or who become related by marriage, do work in a direct supervisory relationship with one another, the District will attempt to reassign one of the employees to another position for which he or she is qualified, if such a position is available. If no such position is available, then one of the employees will be required to leave the District. The decision as to which employee will leave is left to the involved employees. If the involved employees refuse to decide which employee will leave the District, the District may determine which employee will leave based upon the needs of the District, and considering seniority, training requirements and other pertinent factors. SECTION 5. PROMOTION/PROBATION The relative merit of applicants for appointment to, or promotion within, the classified service shall be determined by examination. Examinations will include consideration of any or all of the following factors: education, experience, knowledge, skill, special aptitude, general adaptability, personal characteristics, physical fitness, promotability, and such other qualifications as are considered necessary by the General Manager for the satisfactory performance of work in the classification being examined. Examinations may consist of written tests, performance tests, evaluation of qualifications, oral examinations, interviews and assessments of the applications submitted. If a selection interview board is appointed for the purpose of considering the merits of applicants, it will include at least one District management level employee and an individual outside the District experienced in the work area being considered, except in the hiring of the Assistant General Manager or Chief Financial Officer, in which case the selection interview board may consist of no Management and more than one outside individual experienced in the work area being considered, at the General Manager's discretion. Said selection interview board will make recommendations to the General Manager, who will be 4 allowed to participate in the actions of the selection interview board. Any District employee who is promoted to a higher level position in the District shall serve a six-month probationary period in the new position. If such District employee fails to satisfactorily complete the probationary period in the new position, the District employee shall have the right to return to his/her previous position in which he/she held regular status. Any Probationary Employee may be rejected at any time during the probationary period. Rejection during the probationary period shall result in termination of employment by the District except in promotional situations, as set forth above. SECTION 6. PHYSICAL EXAMINATIONS Upon reasonable cause the General Manager may require any Employee to submit to a medical, physical, and/or psychological examination whenever there is a need to determine whether an Employee is still able to perform the essential functions of his or her job. The District shall be entitled to make inquiries or require medical or psychological examinations necessary to determine reasonable accommodation of a disabled Employee. Said examination(s) shall be conducted by a physician designated by District and any cost for such examination(s), beyond that covered by health insurance, shall be paid by District. All Employees in positions for which the job description requires annual physical examinations shall be required to submit to physical examinations on an annual basis. Employees who, in the opinion of the designated physician, are physically, medically, or mentally incapable of meeting essential requirements of their position even with reasonable accommodation, are subject to transfer or reassignment. If, in the discretion of the General Manager, no reasonable accommodation can be made nor can transfer or reassignment to a position for which the Employee is physically, medically and/or mentally qualified be made, the Employee=s services may be terminated for inability to perform the essential functions of the position. Management Staff agrees to abide by the District=s Drug-Free Workplace Policy as adopted by the Board of Directors. SECTION 7. ASSIGNMENTS REQUIRING MOTOR VEHICLES A. District agrees to pay the established IRS rate per mile in effect during the term of this MOU for every mile traveled in Employee's personal vehicle on official District business. Mileage claims for reimbursement shall be made in writing on District- approved form, fully completed and executed. 5 B. Employee agrees to carry a minimum liability policy of $50,000 each claim, and $100,000 per occurrence, with an insurance company approved by District. Proof of insurance shall be provided to District prior to Employee using his/her personal vehicle on District business, and upon reasonable request by District thereafter. C. Employees that are assigned District vehicles will comply with the District vehicle policy in effect. D. Employees shall use District vehicle(s) and/or claim compensation for mileage, in compliance with the District=s Vehicle policy attached hereto as Exhibit "C" and incorporated as if fully set forth herein. E. Employees shall be assigned duties requiring use of motor vehicles, in accordance with the motor vehicle code and other applicable laws. F. Seat belts which are furnished in District vehicles shall be properly used, and by this Memorandum of Understanding, every Employee is fully informed of this requirement. Employees using personal vehicles shall be required to have and use seat belts at all times when using such vehicles on District business in accordance with California laws. Failure to use seat belts shall be cause for disciplinary action as provided herein. G. All Employees who are required to drive as a part of their job duties, shall maintain a valid driver's license in accordance with their Job Description, and shall maintain insurability at all times. If an employee is required to drive as a part of his/her job duties, lack of insurability shall be cause for discipline. SECTION 8. EMPLOYEE TRAINING It is the policy of the District to encourage and facilitate a program of training in the interests of Employee efficiency and as an aid to qualifying Employees for advancement. The General Manager may take any of the following steps to develop and facilitate training programs. A. When requested, counsel and advise Employees, provide information regarding possibilities of advancement in their field of work, and suggest any additional training of value. B. Develop and establish mandatory and voluntary training programs for Employees. C. Promote Employee training programs sponsored by educational institutions. D. Record the completion of training programs on the Employee service record. 6 E. For mandatory training programs, compensation shall be the appropriate rate for the actual training time and actual travel time. SECTION 9. EDUCATIONAL ASSIGNMENTS Any Employee may participate in special educational and training programs. A. Such programs shall be limited to those directly related to the District which provide knowledge and ability that cannot reasonably be provided on the job. B. All programs conducted outside District facilities, or those programs requiring District payment for tuition, registration fees, transportation, or other costs, shall be approved in advance using District-approved forms, fully completed and executed. C. All special educational and training programs shall be recorded and/or reported in the manner prescribed by the General Manager. D. The District shall pay the full cost of all tuition, examinations, books, and certification, provided the Employee successfully completes the pre-approved program. The District will pay the state fee for approved certificates and/or renewals. E. The District will allow time off with pay for Employees to take certification exams which are within the Employee=s field of work, and with prior approval by the General Manager. If the Employee does not pass the exam, he/she may take time off without pay for reexaminations. SECTION 10. PERFORMANCE EVALUATIONS Performance Evaluation reviews shall be rendered annually for all permanent Employees by their immediate supervisor, pursuant to the "Performance Evaluation Program" in effect. Probationary Employees shall receive a performance evaluation review prior to the conclusion of the probationary period, and may receive several such reviews during the probationary period. Evaluations shall be approved by Employee's immediate supervisor and each succeeding supervisor up to the General Manager. If an Employee is dissatisfied with his/her performance evaluation, he/she may appeal to the General Manager, who shall make the final decision regarding the performance evaluation. Any appeal to the General Manager shall be made in writing no later than five (5) working days after the performance evaluation has been approved, and shall contain the basis for the appeal and specific facts supporting the appeal. 7 If an Employee is dissatisfied after the appeal, he/she may add comments to the Performance Evaluation, which will be made a part of the Employee's personnel file. SECTION 11. HOURS OF WORK The General Manager shall determine the hours of work for each Employee in accordance with the needs of the Department. During the term of this Memorandum of Understanding, upon the written request of either party, the District and Employees shall meet and confer in good faith over reasonable proposals concerning the establishment of alternative work schedules (Le., 4/10, 9/80) for administrative employees (Administration, Engineering, Customer Service, Finance, Information Systems) by class or department. A proposed alternative work schedule shall be subject to meet and confer under this provision, only if the proposed schedule would result in no additional cost to the District and would allow for the provision of service at existing or improved levels. After meeting and conferring in good faith, the District shall not be obligated to implement any proposed alternative work schedule in whole or in part, and such decision by the District shall not be appealable or subject to the grievance procedure. Any such alternative work schedule shall include a written agreement by both parties as to the terms and conditions of implementing same. Such written agreement shall be made a part of this Memorandum of Understanding. SECTION 12. EMERGENCY ASSIGNMENTS Whenever it is necessary for the protection of public health, safety, or welfare, Employees may be required to perform emergency work during off duty hours, and will be paid for such services, in addition to their regular salary, as provided in this Memorandum of Understanding. SECTION 13. SALARY RANGE UPON APPOINTMENT TO A CLASS A. New Emplovee: Except as otherwise provided herein, any person appointed to a Class shall receive the minimum salary rate within such Class and shall accrue other benefits as a new Employee. B. Demotion: In cases of voluntary Demotion, the Employee shall receive the equivalent level of Annual Salary in the lower Range as they received in the higher Range. In all cases of Demotion for cause, the salary placement shall be determined as a part of the disciplinary action. Employees may, at the discretion of the General Manager, demote into prior 8 positions held in the District. C. Return Followino Leave Without Pay: Return following leave without pay is not an appointment, but is a continuation of service; however, salary and benefits, other than employment status, shall be based on actual service. This provision shall not apply to Employees returning from military leave. D. Appointment of Exceptional Applicant: The General Manager may approve a salary above the established entry level Annual Salary for the Class in order to recruit an individual who has demonstrated superior knowledge and ability in the hiring process and whose combined education and experience represents substantially better preparation for the duties of the Class than required by the minimum employment standards. SECTION 14. MERIT INCREASES IN SALARY RANGE Increases in Annual Salary above the established entry level Annual Salary shall not be automatic, but shall be based on performance and length of service, and shall be granted to eligible Employees at the discretion of the General Manager. New employees shall receive a merit increase, based upon performance, at the end of their six (6) month probationary period. Thereafter, merit increases shall be granted annually after the date of successful completion of the probationary period, based upon satisfactory performance. SECTION 15. OVERTIME ICOMPENSATORY TIME The parties agree to meet and confer whenever the scope of responsibility for an exempt or non-exempt employee changes, which may result in a change of exempt or non-exempt status. 1. Exempt Emplovees 1. Employees shall accrue compensatory time for hours worked exceeding 80 hours per pay period, on an hour for hour basis. 2. Accrued compensatory time can be taken off at a later date with supervisor approval. There shall be no limit to the number of compensatory hours accrued during the year. 3. On the last pay period of the calendar year, or upon separation from employment, any remaining accrued compensatory time shall be paid at the appropriate straight time rate, up to an annual limit of 40 hours. At employee's request, up to forty (40) hours of Compensatory time may 9 be carried forward to the next contract year. Compensatory time payout will be paid as a separate check from regular biweekly paychecks. 4. Employees shall not receive compensatory time payor accrual for attending voluntary schooling or conferences, without prior approval of the General Manager. If attendance is mandatory and hours exceed 40 hours worked in a Workweek, the Employee shall be compensated at the appropriate rate as set forth herein. If specific projects necessitate work exceeding 80 hours per pay period, the Employee(s) affected may petition the General Manager to declare such project exempt from the above compensatory time limits. In order to qualify for exemption, projects shall be of a nature whereby delay or nonperformance would negatively impact the District. Examples of projects that shall be exempt are: labor strikes, emergencies, major litigation support, high priority project design, as defined by District staff and approved by the General Manager, construction projects where the contractor=s schedule may dictate District Employee work hours, or any project deemed exempt by the General Manager. The General Manager=s decisions regarding exemptions shall be final. 5. Irrespective of any exemptions, total accrued compensatory time paid shall not exceed an annual limit of 240 hours. 2. Non-Exempt Emplovees 1. Overtime pay shall be 1-1/2 times the Employee=s Hourly Rate of pay for all hours worked in excess of forty (40) hours per Workweek. For purposes of computing overtime pay, hours worked shall include seminar hours and jury duty hours, and holiday hours, vacation days, and sick days. 2. In lieu of receiving overtime pay for hours worked in excess of 40 hours per workweek, Employees may accrue compensatory time, earned at time and one-half (1-1/2). Compensatory time will be accrued at the rate of 1-1/2 times the Employee's Hourly Rate of pay. Employees may accrue up to a total of 120 hours of compensatory time at anyone point during the contract term. Whenever accrued compensatory time exceeds 120 hours, it shall be automatically paid during the pay period in which the 120 hours is exceeded. At the end of each calendar year, Employees shall be paid fortheir accrued compensatory time balance in excess of 40 hours at their then current hourly rate. Such payment shall be made on the first pay day in January for the preceding calendar year. Use of compensatory time off shall be by prior scheduling with and approval by each Employee's immediate supervisor. Upon separation from employment, Employees shall be paid for their accrued compensatory time balance at their then current hourly rate. 10 3. Employees may earn overtime payor the equivalent accrual of compensatory time subject to the approval of their immediate supervisor. 4. Employees shall not receive overtime_pay for attending voluntary schooling or conferences, without prior approval of the General Manager. If attendance is mandatory and hours exceed 40 hours worked in a Workweek, the Employee shall be compensated at the appropriate rate as set forth herein. SECTION 16. PAYMENT OF SALARY A. The pay period for all Employees shall be based on a biweekly period. B. Salaries shall be computed in accordance with the following provisions: 1. The regular salary for each Employee shall be based on the actual number of days or hours worked in the period, including authorized absences with pay, multiplied by the Employee's Hourly Rate. 2. Special payments shall be calculated in accordance with the pertinent provisions of this Memorandum of Understanding. C. Salaries shall be paid to all Employees in accordance with the following schedule: Salaries for each pay period shall be paid not later than the 5th work day of the following week; except that if the 5th work day of the following week falls on a non- work day, but is preceded by a work day, the salaries provided for herein shall be paid on the 4th work day of said week; and except that if the 5th work day of the following week falls on a non-work day, and is preceded by a non-work day, the salaries provided for herein shall be paid on the first following work day of said week. D. The compensation provided in this MOU shall be payment in full for all services rendered in a District position and no Employee shall accept any other compensation for services performed in such position. SECTION 17. SALARY ADJUSTMENTS The intent of salary adjustments is to maintain each management position's compensation at or near the current statewide average salary. as 3grood upon in Exhibit B 4. +Re 11 st3tewide 3ver3ge s313ry for each position Sh311 be determined as det3i1ed in Exhibits B.1 4c 1. Prior to the first P3Y period of e3ch oalendar year, tho District sh311 obt3in the latest ,'\CVVI\, C/\SA, and !\W'N^ salary surveys in order to determine the st3te'lJide average salaries. If survey information is del3yed beyond the 3djustment d3te, the 3djustment, if 3ny, shall be retroaotive to the first P3Y period in the calend3r ye3r. If 3 survey is not obtainable, Employees Sh311 meet 3nd oonfer with the Gener31 Manager to est3blish 3n equit3ble means of determining st3tewide I3bor market norms within the industry. Effective January 8, 2009, through January 6, 2010, applicable Employees will receive a cost of living adjustment which shall be the November, 2008 CPI for the Small West Coast Cities. 2. Salary Ranaes Salary ranges shall be established for each position, as indicated in Exhibit A, to approximately reflect the statewide averages, with six (6) steps, 5% between each step, calculated downward from the maximum class salary as the top step. 3. Reclassification and Pay Eauitv Process Whenever the scope, responsibility, or assigned job duties for any management position substantially change, a request for salary range adjustment, with all supporting documentation, may be presented to the General Manager. All decisions shall be documented by stating the reason(s) for approval or denial. Decisions by the General Manager shall be final. If the General Manager or his/her designee wish to change the salary range of a management position, it shall be done on a meet and confer basis with the management group, pursuant to the above process. The above prooess sh31131so be utilized when pay equity issues are identified. Any decision or 3greement of the parties shall serve to equitably oompens3te the Employee(s) in accordance with the Distriot-s Compensation Polioy. SECTION 18. ASSIGNMENTS REQUIRING TRAVEL Whenever Employees are ordered or authorized to travel in the performance of their duties, they shall be compensated for the necessary travel expenses, at actual cost, including transportation, lodging, and meals in accordance with District policy. To the extent transportation includes use of the Employee=s vehicle, transportation cost will be reimbursed in accordance with Section 7 hereinabove. SECTION 19. HOLIDAYS 12 A. All Regular Employees of the District shall be entitled to the following holidays with pay: January 1 February 12 The third Monday of February The last Monday of May July 4 * Three (3) hours to be used on Good Friday or any other time selected by the Employee and approved by his/her supervisor Two (2) eight-hour floating holidays to be selected by the Employee and approved by his/her supervisor. The above 19 hours off/oating holiday shall be accrued on the first payday in January. The first Monday of September Thanksgiving Day The Friday following Thanksgiving December 25 * B. When January 1, February 12, July 4, or December 25 fall on a Sunday, Regular Employees shall be entitled to the Monday following as a holiday with pay and when said dates fall on a Saturday, Regular Employees shall be entitled to the Friday preceding as a holiday with pay. C. To receive holiday pay, employee must be on a paid status the work day preceding and following the holiday. D. Accruing holiday when the holiday is not worked will not be allowed. This does not apply to the 1 9 hours of floating accrued holidays or if a manager actually works a holiday and accrues holiday time. In these instances, holiday accruals will be allowed and may be used at a later date. Any accrued holiday on the books as of the last day of the last pay period of the contract year, will be paid out. SECTION 20. VACATION LEAVE WITH PAY A. Vacation with pay shall be earned by Regular Employees based on the equivalent of full-time service from the date of appointment. 1. Vacation credit shall accrue to the Employee on the first day of the pay period following the pay period in which it is earned. 2. All employees who have less than three (3) years of service shall accrue vacation on the basis of 6-2/3 hours for each full month of service. 3. All Employees who have more than three but less than ten (10) years of service shall accrue vacation on the basis of ten (10) hours for each full month of service. 4. All Employees who have more than ten (10) years of service shall accrue vacation on the basis of 13-1/3 hours for each full month of service. 13 1. All employees who have more than twenty (20) years of service shall accrue vacation on the basis of fourteen (14) hours for each full month of service. 2. Effective July 1, 1997, all employees who have more than twenty-five (25) years of service shall accrue vacation on the basis of 14-2/3 hours for each full month of service. 3. Vacation may be accumulated to a maximum contract year-end accrual of three hundred twenty (320) hours. Employees with more than three hundred twenty (320) hours accrued at the end of the contract year, will not accrue additional vacation hours until their accrued vacation hours are reduced to three hundred twenty (320) hours or less. Vacation may be bought back on a one-time per year basis to be paid on the first pay period in December, in an amount not to exceed 50% of annual accrual. 4. During any pay period in which an employee does not work at least 64 hours or does not receive the equivalent of 64 hours pay, (by using sick, vacation, or compensatory accrued hours) vacation leave accrual will be prorated based upon pay period hours. Employees on leave due to a work related injury who utilize accrued sick, vacation, or compensatory time, to receive the equivalent of a full paycheck (accrued leave plus workers' compensation payments) shall accrue vacation hours at full accrual rate. If such accrued hours are not used or are not available, no further vacation hours will accrue until the employee returns to work. Employees placed on unpaid suspension shall not accrue vacation leave during the period of their suspension. 5. Vacation longer than two days shall be scheduled a minimum of two (2) weeks in advance. B. All Employees who have more than six (6) months of service shall be eligible to use accrued vacation. C. The General Manager shall determine the period when accrued vacation time may be taken by each Employee, consistent with the requirements of the Department. In the event an Employee is prevented from taking a scheduled vacation, the General Manager may waive the maximum accrual limitations stated herein. D. Employees who separate or are terminated from District service orwho take military leave in excess of 180 days shall be paid the monetary value of their accrued vacation. SECTION 21. SICK LEAVE WITH PAY 14 A. Sick leave with pay shall be earned by Regular Employees based on the equivalent of full-time service from the date of appointment. 1. Sick leave will accrue to the Employee on the first day of the pay period following that in which it is earned. 2. Sick leave shall accrue on the basis of eight (8) hours per full month of service and may be accumulated without limit. 3. Employees placed on unpaid suspension shall not accrue sick leave during the period of their suspension. 4. During any pay period in which an employee does not work full time or does not receive a full check (by using accrued sick, vacation or compensatory hours) sick leave accrual will be prorated based upon pay period total hours. Employees on leave due to a work related injury who utilize accrued sick, vacation, or compensatory time, to receive the equivalent of a full paycheck (accrued leave plus workers' compensation payments) shall accrue sick hours at full accrual rate. If such accrued hours are not used or are not available, no further sick hours will accrue until the employee returns to work. B. Regular Employees may use sick leave for the purpose specified in this section: 1. Absence from duty because of exposure to a contagious disease or when incapacitated from performing their duties because of personal illness, injury or dental work. 2. Absence from duty for examination or treatment by a dentist, medical doctor or physician with prior notification to General Manager or his/her designee. 3. Absence from duty for attendance upon their spouse or for attendance on a close relative or Registered Domestic Partner because of illness or injury which incapacitates such family member and definitely requires personal care. Such absence shall be limited by the appointing authority to the time reasonably required to make other arrangements for such care. A close relative includes legal spouse, putative spouse, Registered Domestic Partner, children (natural and adopted), parents, grandparents, grandchildren, sisters and brothers, aunts and uncles. 4. Absence from duty to transport a spouse, Registered Domestic Partner, child, or close relative as defined above, residing with the Employee, to and from a local hospital for medical treatment or operation, including childbirth. 5. Absence from duty to be in attendance, at any location, during serious medical treatment or operation, including childbirth, performed upon his/her 15 spouse, Registered Domestic Partner, child, or close relative as defined above. 6. Continuing employees who have 1,040 hours of accrued sick leave may accept payment for the excess over 1,040 hours on the first payday of December each year. They may elect to continue the accrual of sick leave beyond the 1,040 hours if they do not want payment for the excess over 1,040 hours. 7. Upon termination, a Regular Employee shall receive a cash payment equal to ten percent (10%) of accrued unused sick leave for each full year of employment, up to a maximum of 1,040 hours, times their regular Hourly Rate. 8. Upon death of an Employee, the beneficiary shall be paid accumulated sick leave to a maximum of 1,040 hours. C. In order to receive payment for sick leave, Employee shall notify his/her immediate supervisor or the General Manager in a timely manner. D. The General Manager may require the Employee to provide adequate evidence to substantiate the necessity for use of sick leave with pay. E. Following any absence for serious illness, injury or exposure to contagious disease, whether or not sick leave was used, the General Manager may require a statement by a medical doctor that the Employee is fit to return to duty. F. During any period of disability for which payment is provided under State Disability Insurance, the Employee may elect to receive the sick leave with pay in an amount equal to the difference between the disability benefit and full payor the Employee may elect to endorse the disability insurance benefits over to the District, in which case, accrued sick leave will be debited proportionately and the Employee will receive his/her regular paycheck from the District. SECTION 22. WORKERS' COMPENSATION INSURANCE A. Employees who are injured in the performance of assigned duties shall receive such medical examination, medical care, compensation and other benefits as awarded under workers' compensation laws of California. B. It shall be the mandatory duty of Employees to report to their supervisor any possible injury on the date of occurrence or as soon thereafter as their condition permits; failure to do so shall be considered cause for disciplinary action. 16 C. If any Employee is injured on the job, the General Manager and/or the Human Resources Director shall be notified immediately of such information as may be available and shall immediately receive medical examination and/or emergency treatment. The Employee shall not be considered absent from duty during the time required for medical examination and/or emergency treatment, however, compensatory time shall not be paid for treatment extending beyond normal shift. D. During any period of disability for which payment is provided under workers' compensation insurance, the Employee may elect to receive sick leave with pay in the amount equal to the difference between any compensation benefits and full pay. SECTION 23. LEAVES OF ABSENCE A. A Regular Employee may be authorized a leave of absence without pay. Such a leave shall entitle the Employee to be absent from duty for a specified period of time and for a specified purpose with the right to return as provided in the approved leave. 1. No additional sick or vacation accruals shall occur during an unpaid leave of absence. B. An Employee may be granted a leave of absence without pay for a period not exceeding five work days, at the discretion of the General Manager or his/her designee. Such a short-term leave may be granted for any reason. A request for an extended leave of absence without pay, for a period exceeding five work days shall be made in writing. Such leave shall be subject to approval of the General Manager. A leave may be granted for a period not to exceed 90 days for the following purposes: 1. Illness beyond that covered by accrued leave. 2. Education or training which would benefit the District. 3. Other personal reasons, approved by the General Manager, when, in his/her judgment the District will not be adversely affected. C. Leave of absence without pay shall be granted to an Employee who is temporarily disabled due to pregnancy and who has exhausted all accrued vacation and sick leave and compensatory time off for which she is eligible. The leave shall cover a reasonable time before, during and after childbirth based on her physical disability. D. An unpaid family care leave may be granted in accordance with the provisions of the District=s Family & Medical Leave Policy. 17 E. An Employee may be granted an extension of a leave of absence without pay for not more than 90 days. Such an extension shall be based on unusual and special circumstances and shall be subject to approval of the General Manger. F. A leave of absence may be revoked by the General Manager upon evidence that the cause for granting a leave was misrepresented or has ceased to exist. G. A Probationary Employee may be granted a leave of absence without pay by the General Manager for a period not to exceed 90 days to cover an illness, injury or other disability only. The probationary period shall be extended by the amount of such leave granted. H. Employment by another employer or self-employment during a leave of absence is prohibited and shall result in termination, unless otherwise agreed upon in writing between the District and Employee. I. Leave of Absence Guidelines - Terminal Illness 1. The District will authorize an extended leave of absence to an employee under the following conditions: a. Must be diagnosed with a terminal illness; and b. Must be unable to obtain private health insurance after separation from service, due to their terminal illness diagnosis; and c. Must state that they will not ever return to work. 2. During such leave of absence, the employee will be required to use accrued vacation and/or sick leave at full pay (80 hours per pay period), until the earliest of: a. the date the accrued leave is exhausted; b. the date the employee becomes eligible for Medi-Care; c. Maximum leave duration of 12 months; 3. The employee must provide the District with the dates of the beginning of the leave of absence, which must be accompanied by physician's documentation stating the diagnosis of a terminal illness. 4. The employee must also provide the District with a statement that they do not intend to return to work. 18 a. The initial "retirement date" will be the first day of the leave of absence. b. The "final retirement date" will be determined by calculating the accrued leave balances available at the beginning of the leave of absence and subtracting 80 hours per pay period until that beginning accrued leave balance is exhausted. c. Any leave accrued during the leave of absence will then be paid out at the Final Retirement Date. 5. Employees extended a leave of absence under these guidelines will not be eligible for the Voluntary Leave Donation Program at any time subsequent to being granted this leave of absence for terminal illness. SECTION 24. FAMILY DEATH LEAVE A. The General Manager may authorize family death leave with pay for a Regular Employee when needed due to the death of his/her legal spouse, putative spouse, parent, child (natural or adopted), stepchild, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, or the death of any child or close relative who resided with the Employee at the time of death. B. Such absence for family death shall be limited to time which is definitely required and shall not exceed 40 hours for anyone death unless the death is that of a spouse or child, in which case the Employee may take an additional 40 hours of vacation, sick, or accrued compensatory time off (CTO), at the discretion of the General Manager. The General Manager may require documentation to approve such family death leave. SECTION 25. JURY DUTY LEAVE A. Regular Employees with the District who have been summoned or subsequently selected to serve on a jury in a court of law shall receive their regular rate of compensation for normal work hours and days or shifts during such absences. Should jury duty fall on a regularly scheduled day off, Employee will not be compensated by District for that time. The check received from jury duty on a scheduled work day must be endorsed and forwarded to the District, which will deduct the mileage compensation and return that amount. B. Employees on jury duty are required to: 19 1. Report to his/her work location when there are at least two (2) hours available for actual work time between his/her scheduled starting time and the time he/she is required to report to the court (exceptions require the immediate supervisor=s approval); 2. Report back to his/her work location if he/she is released early and there are at least two (2) hours available for actual work time (not including travel time). Exceptions require the immediate supervisor's approval; 3. Obtaining attendance slips from the court certifying actual dates of service, may be required, at the discretion of the General Manager, for verification of jury duty leave. C. It is the Employee's obligation to notify his/her supervisor, in writing, as soon as he/she has been called for jury duty and the date for reporting. SECTION 26. MILITARY ABSENCE A. Specific calendar period of military leave shall be established for Employees who are granted leave pursuant to the Military and Veterans Code. Such period of military leave shall include the ordered or expected period of active duty and reasonable travel time connected therewith. An Employee who does not return within the period of approved military leave shall not be granted any benefits and privileges which are required by the Military and Veterans Code. B. This section is intended to set forth those mandatory provisions of the Military and Veterans Code which are most frequently applicable to District Employees who enter the military service. SECTION 27. HEALTH. LIFE. AND PENSION BENEFITS The District will provide medical, dental, vision, life insurance and long term disability benefits to all eligible Employees and their eligible dependents including Registered Domestic Partners, in accordance with the following terms and provisions. A. Eliaibilitv 1. Regular Full-time Employees who work (or receive paid leave for) a minimum of 80 hours per month will receive full accrual/pay for holiday, sick leave, vacation, and compensatory time, and are eligibility for full participation in the District's health insurance benefits programs and 20 pension plan. 2. Regular Full-time Employees who work (or receive paid leave for) less than 80 hours per month due to medical leave or layoff will receive proportional accrual/pay for holiday, sick leave, vacation, and compensatory time. At such time that a Regular Full-time Employee works, or receives paid leave for less than 80 hours per month, health insurance benefits will be continued for a period of three months (beginning on the first of the month following the first month of reduced hour status). 3. Regular Full-time Employees who are on unpaid leave of absence will receive no accrual/pay for holiday, sick leave, or vacation leave. Health insurance benefits will be continued for a period of three months, beginning on the first of the month following the first month of unpaid leave status. 4. Each Eligible Employee as defined above, their eligible dependents or their Registered Domestic Partner as defined by California state lawws, shall be provided with hospitalization, prescription drug, medical and dental insurance coverage in conjunction with the District's self-insured plan. B. Health Insurance Benefits First and foremost, the District and the Management Group desire employees and their families to maintain good health by encouraging personal responsibility, while utilizing insurance resources efficiently. In order to promote a wellness culture in the workplace, the health insurance plan will provide incentives to maintain the current level of benefits. Employees are encouraged to carefully read and refer to the Plan Document for the details of all the benefits listed in this section. 1. The District will fully fund and maintain the same or greater level of health and welfare benefits provided under the self-insured pan as listed in the Plan Documented dated 1/1/07 for the term of this Memorandum of Understanding. 2. Each Employee has accepted and received a copy of the plan booklet outlining benefits in effect as of the date of this Memorandum of Understanding. The District agrees to use the meet and confer process for any proposed changes to the level of benefits. 3. The District 'A'ill roimburse the f-ollowing providers who currently 3re not 21 p3rticip3nts in the self insured pl3n provider org3niz3tion as if they 'Nero p3rticipants in the self insured pl3n provider org3nization: Maggie. Che, MD (Endoorinologist), Tony Cruz (Reno Ortho Appli3nce); M. M3Ck DC (Chiropr3ctor), 3nd UCD Medic31 Group. As with all provider organizations, the District cannot guarantee that all health care providers participating in the self-insured plan provider organization ~Ltb.9..initial implementation as of 111108, of the self-insured plan will continue to participate in the self-insured plan provider organization in the future. Health Insurance Wellness Proaram Employees are encouraged to be proactive in seeking out medical testing and wellness information for the prevention and early diagnosis of potential illnesses. When employees and their eligible dependents follow the recommended Wellness Program Guidelines (as described in the Health Insurance Plan Document), annual deductibles, co-pays, and out-of-pocket limits will remain at the same level as when the self insured plan was initially implemented. If the employee andlor the eligible dependents fail to participate in the recommended Wellness Program Guidelines, they will be subject to higher deductibles, co- pays and out-of-pocket maximums. Prescri/Jtion Proaram - Every employee is encouraged to utilize the prescription program in the most cost-efficient, manner. The prescription program will provide financial incentives to utilize generic and mail order prescriptions whenever possible. Higher co-pays will be charged for brand name prescriptions and for not utilizing the mail order service for maintenance medications unless there is no generic available, and a medically necessary waiver is obtained from the doctor. Dental Insurance - Employees and their eligible dependents are encouraged to obtain their routine dental exams and cleanings twice per year, which are provided in accordance with the Health Insurance Plan Document. Beginning in 2008, employees complying with the Preventive Dental Program outlined in the Plan Document will maintain the current level of benefits payable for Major Dental care. If the Preventive Dental Program is not followed, Major dental care will be paid at a lower co-insurance percentage. 5. The District will contract out to a third party matters pertaining to claim determinations, including the filing of claims and review of claim denials, except that the District may be consulted on matters involving potential exceptions to plan exclusions, or review of claim denial appeals. Information 22 pertaining to medical condition and treatment will not be disclosed to any District employee, except when agreed to by the employee or necessary in connection with a determination of potential exceptions to plan exclusions or review of claim denial appeals. 6. When requested by an employee, the Human Resources Director will provide Claims assistance for an employee, upon written authorization for same. Such claims assistance may include verifying accuracy of claims processing, verification for amount(s) owed by employee to provider, and clarification of benefits under the applicable Plan Document(s). 6. Except for the District' obligation to provide health and welfare insurance coverage in a manner consistent with this section, matters pertaining to the health and welfare plan, including but not limited to eligibility determinations and the denial or processing of claims, are not subject to the grievance procedure under this Memorandum. C. Ancillary Benefits 1. Vision care, which includes coverage for exams, glasses and/or contacts, will be provided for the Employee and their dependent(s) through the most cost-effective program available to the District (ACW A's pooled participation in Vision Service Plan, Inc., as of the date of this MOU). 2. Life insurance will be provided in the amounts of $70,000 for e3ch amount of one-times annual earnings to a maximum of $200,000, for the Employee, with an additional benefit of $3,500 for $5,000 for spouses and $2,500 for dependent children. 3. Shorl-TermA..ong-Term Disability (STD/L TD) Benefits will be provided to Employee. which provides coverage of 70% of 3 m3ximum monthly b3se s313ry of $5000 after a 60 day 'Naiting period, subject to the pro':isions of the f*afr. If SHOO level of benefits becomes unavailable in the insurance industry, the District will provide the most equivalent, cost-effective plan available, subject to the meet and confer process. D. In the event Employee becomes disabled underthe terms of the long-term disability plan, District agrees to pay 100% of all premiums related to the above benefits health, vision, life, L TD) in order to continue the same level of benefits for Employee, based on the following schedule: one year of paid premiums for every two years of employment, up to a maximum of five years of paid premiums. Any change in insurance coverage for the Management Staff shall also be effective as coverage paid for Employee during the five year period noted above. 23 E. In the event of accident, illness, or layoff of any employee with ninety (90) days or more of employment, the District will continue the monthly payments for all benefits for the Employee and his/her dependents for a period of three (3) months. F. Pension Benefits The District agrees to maintain the contract between California Public Employees' Retirement System (CaIPERS) and the South Tahoe Public Uitility District for the Miscellaneous Plan twa 2.7% at Age Fifty-five (2.7% @ 55) Supplemental Formula, Zero Percent (0%) Prior Service effective June 19, 2003. July 1, 2007 and that the District agrees to remit to Cal PERS the entire required contribution for each eligible employee. The District shall pay the first ten percent (10%) of the required contribution. All required CalPERS contributions exceeding ten percent (10%) shall be split evenly between the District and the employees so that the District pays one-half of the cost exceeding ten percent (10%), and the employees pay the remaining one-half of the cost exceeding ten percent (10%) via payroll deduction (pre-tax). Should the CalPERS required contribution drop below ten percent (10%), employees shall be paid a bonus of one-half of the percentage below ten percent (10%). Such bonus shall be paid at the end of the fiscal year, or if an employee terminates before the end of the fiscal year, the bonus shall be prorated based on the number of days employed by the District during the fiscal year. Should the employees' actual contribution ever increase more than 5%, the District and the Management Staff agree to meet and confer. The South T3hoe Public Utility District's Pension Pl3n will be continued in full f{)rce 3nd the terms upd3ted to comply with curront 13w until the earlier of when 311 outst3nding 103ns 3re rep3id or June 30, 2008 (the Termination Date). On the Termin3tion D3te the Distriot will termin3te and liquid3te the South T3hoe Public Utility Distriot Pension Plan. Liquid~tion of the plan ",'..ill be consistent '.vith the Internal Revenue Servioe oodes 3nd rogul3tions suoh that particip3nts will direct the distribution of their 3ocount b31ance 3nd p3rticip3nts must repay outstanding loan(s) to avoid a deemed distribution. Terms of the Distriot Pension Plan may be modified to improve the terms 3nd conditions, but in no e'lont shall be modified to roduce current benefit provisions. The District Pension PI3n document shall cont3in provisions th3t 3110'11 p3rticip3nt 103ns from individu31 accounts in the pension pl3n until the Termination D3te. 1\11 futuro loans will have 3 m3turity date of June 30, 2008 or earlier. During the freeze period, the District and the plan participants will share the administrative costs of the District Pension Plan equ3l1y. G. Flexible Benefits Plan/Deferred Compensation Plan The District shall continue to provide the voluntary flexible benefits program in effect as of December 25, 1996. District will allow additional payroll deductions for a flexible benefits program and for other ancillary employee paid insurance programs. 24 Costs for administration of all aspects of the flexible benefits program shall be equally shared by the Participants and the District. The Distriot sh31131so continue to provido the '10lunt3ry deforrod compens3tion pl3n in effect 3S of December 25, 1906. H. Deferred Compensation Plan District shall continue to provide the voluntary Deferred Compensation program in effect as of the date of this Memorandum of Understanding. District will allow payroll deductions for such Deferred Compensation program in accordance with applicable law. The Deferred Compensation Plan will allow participant loans from individual accounts, with a loan maturity date consistent with the Deferred Compensation Plan provider's loan procedures. Great West, for example allows mortgage loans for a period not to exceed fifteen years. H.. Any material change in benefits that is caused by District action shall require re- negotiation of this MOU. SECTION 28. CODE OF CONDUCT In the interest of promoting harmonious labor relations between the District and Employees, and to provide a positive work environment, the following Code of Conduct is required of all District employees. 1. Code of Conduct Every employee shall exhibit behavior that encourages mutual respect, teamwork, and positive attitudes, during their term of employment. 2. Any employee may be suspended, dismissed, demoted or otherwise disciplined for cause including failure to abide by the above Code of Conduct, and including, but not limited to the following: 1. Willful or persistent violation of District policies adopted by the Board of Directors. 2. Willful failure of good conduct, tending to injure the reputation of the District. 3. Conviction of a felony. 4. Theft or attempted theft. 5. Vandalism or willful conduct which damages real or personal property. 6. Use of fraud, deception or misrepresentation of material facts in obtaining 25 employment or during the course of employment with the District. 7. Dishonesty. 8. Discourteous treatment of the public or of fellow employees. 9. Physical attack, fighting, or verbal altercations toward fellow employees or the public, or violation of the District=s Workplace Violence Prevention Policy. 10. Drunkenness, immoral conduct or addiction to the use of narcotics, or violation of the District=s Drug-Free Workplace Policy or Substance Abuse Policy, as adopted by the Board of Directors. 11. Failure to observe the requirements of the Oistrict=s Illness and Injury Prevention Program, including failure to use seat belts in accordance with Section 7, Assignments requiring Motor Vehicles. 12. Violation of the District=s Sexual Harassment Policy. 13. Incompetency or inefficiency. 14. Insubordination. 15. Unauthorized absences. 16. Abuse of sick leave. 17. Neglecting duty such as to prevent the Employee from achieving a reasonable work performance in his/her position. 18. Accepting any gift or fee in connection with District work, when such gift or fee is given in expectation of receiving favored treatment. 19. Removal of, borrowing, or use of District property, equipment, tools or vehicles for non-District purposes without prior written authorization from the General Manager or his/her designee. 20. Political activities engaged in by Employees and unrelated to the Employee's position at the District during their assigned hours of employment. 21. Using or attempting to use political influence in securing promotion, leave of absence, transfer, change of pay, or character of work. 26 22. Failure to maintain any required licenses or certifications or failure to maintain insurability. 3. Disciplinary Measures: In the event an Employee has committed one or more of the violations set forth in Subsection A hereinabove, the General Manger may apply a number of corrective disciplinary actions in accordance with this MOU. The action applied includes the following: 1. Coaching/counseling; 2. Oral Warning; 3. Documented Oral Warning; 4. Written Warning; 5. Suspension Without Payor Compensatory Time Off; 6. Termination of Employment. The disciplinary action actually applied is within the discretion of the General Manager, after consideration of the severity of the violation. C. Additional Reasons for Termination 1. Continuing illness of a disabling nature after the exhaustion of sick leave and leave of absence privileges where the District is unable to accommodate the disability in accordance with Section 5. 2. Any physical or mental ailment such as to prevent the Employee from performing the essential duties of his/her position or any other position available for which the Employee is qualified, in accordance with Section 5. 3. Permanent inability to perform the essential functions of the Employee=s position as set forth in Section 5. SECTION 29. DISCIPLINARY PROCEDURE A. Notice of Proposed Discipline Prior to taking disciplinary action to demote, dismiss, or suspend for three work days or more, the District shall investigate the alleged violations. Said investigation shall include obtaining a statement and receiving information from Employee. In the event the District finds sufficient facts to support the allegation, it shall provide the Regular Employee with a written Notice of Proposed Disciplinary Action which shall contain the charges, the specific factual basis for the charges, and the nature of the proposed disciplinary action. Said notice shall inform the Employee of his/her right to respond to the charges. The General Manager may suspend an Employee without pay for periods of less than three (3) work days without being subject to the 27 notice requirement. Such suspension decisions of suspensions less than three days are final. B. Response The Employee shall have the right to respond to the charges set forth in the Notice of Proposed Discipline, in writing, within five (5) calendar days of receipt of said notice. Any written response shall be delivered to the office of the General Manager within the time allowed. The Employee shall make an appointment with the General Manager or his/her designee for a response meeting within the time allowed. The Employee may bring a representative of his/her choice to a response meeting. Such representative and any District representative to be present must be identified at least two (2) working days prior to commencement of the response meeting. C. Disciplinary Action After the Employee=s response is received, or if no response is received, after the five-day period expires, the General Manager shall determine whether to proceed with the proposed disciplinary action and will notify the Employee in writing. D. Notice of Disciplinary Action If the General Manager determines to proceed with the disciplinary action, a Notice of Disciplinary Action shall be sent to the Employee by certified mail. Said notice shall contain the charges, the factual basis for the charges, the disciplinary action imposed, and the effective date ofthe action, which shall not be earlier than five (5) work days after the Notice of Proposed Disciplinary Action was sent to the Employee. This notice shall inform the Employee of the right to appeal the action to binding Arbitration. E. Appeal If the Employee is not satisfied with the decision of the General Manager, he/she may request, within five (5) days of receipt of the Notice of Disciplinary Action, that the General Manager arrange for the American Arbitration Association to provide a list of Arbitrators from which the parties shall select one who would act as an arbitrator in the matter. The General Manager shall request such service within ten (10) days of Employee's request. Both the General Manager and the Employee shall be represented at said hearing by a representative of their choice, who may be an attorney. The General Manager shall present its case first at the hearing. Each side shall have the right to present witnesses and documentary evidence and to cross-examine the other party's witnesses. At the close of the hearing, the Arbitrator has the right to affirm, deny, or modify the disciplinary action. The decision of the Arbitrator shall be final and without judicial recourse, except for 28 the enforcement of the Arbitrator's decision. F. Suspension Pendinq Action The General Manager shall have the power to suspend the Employee, with or without pay, during the period between the date the Notice of Proposed Disciplinary Action is sent and the date the disciplinary action becomes effective. In the event the Arbitrator overturns the action of the General Manager, the Employee shall be reimbursed for any loss of payor benefits incurred during this period. G. Probationary Employees Probationary Employees are not entitled to notice or hearing in the event they are terminated during the probationary period. H. Other Disciplinary Action This section shall not apply to suspensions of less than three days or any disciplinary actions not set forth in subsection A above. I. Employee Riahts The Employee retains all rights that may be conferred by Government Code ' 3500, et.sea.. SECTION 30. GRIEVANCE PROCEDURE This grievance procedure shall be used to process and resolve grievances arising under this Memorandum of Understanding. A. Definitions 1. A grievance is a complaint of one or a group of Employees, involving the interpretation, application, or enforcement of the express terms of this Memorandum of Understanding. 2. As used in the procedure, the term "working days" shall mean days on which the District office is open. 3. As used herein, the definition of a Grievance excludes appeals of disciplinary actions which are covered under Section 29, above. B. Time Limits 29 Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure but, with the written consent of all parties, the time limitation for any step may be extended. C. Emplovee Riohts The Employee retains all rights that may be conferred by Government Code section '3500, et sea. D. Informal Discussion 1. The grievance initially shall be discussed by meeting and conferring with the General Manager with the intent of informally resolving the issue. Within two (2) working days, the General Manager shall give a decision or response. 2. If an informal grievance does not resolve the issue to the satisfaction of the grievant, or if there is reason to bypass the informal step, a formal grievance may be initiated. A formal grievance may be initiated no later than: a. Five (5) working days after the event or circumstances occasioning the grievance; or b. Within three (3) working days of the decision rendered in the informal grievance procedure, whichever is later. E. Formal Grievance 1. A formal grievance shall be initiated in writing and shall be filed with the General Manager. 2. Within five (5) work days after the initiation of the formal grievance, the General Manager shall investigate the grievance and give a decision in writing to the grievant. F. Appeal of Formal Grievance 1. If the grievant is not satisfied with the decision rendered, he/she may appeal the decision in writing within five (5) work days, referring the matter to binding arbitration. 2. An impartial arbitrator shall be selected from a list provided by the California State Mediation and Conciliation Service or the American Arbitration Association. The arbitrator shall be selected jointly by the parties within ten 30 (10) work days of receipt of the written demand. 3. The arbitrator shall have no authority to add to, delete, or alter any provisions of this MOU, but shall limit his/her decision to the application and interpretation of its provisions. The decision of the Arbitrator shall be final. 4. The fees and expenses of the arbitrator, if required by the arbitrator, shall be shared equally by the parties. Any fees, expenses, or other costs, including a reporter, shall be paid by the requesting and incurring party. 5. The District agrees that Employees shall not suffer loss of compensation for time spent as a witness at arbitration hearing held pursuant to this MOU, however District will not pay for any loss in compensation suffered by any grievant in attending or testifying at the hearing unless the arbitrator determines the grievant has prevailed at the hearing. SECTION 31. DISTRICT RIGHTS Except as otherwise specifically provided in this Memorandum of Understanding, the District has the sole and exclusive right to exercise all authority, rights, or functions of a public employer. It is agreed that all rights, powers, or authority vested in the District, except those specifically abridged, delegated, deleted, or modified by the express terms of this Memorandum of Understanding, are retained by the District. The District expressly retains the complete and exclusive authority, right, and power to manage its operations and to direct its Employees, except as the terms of this Memorandum of Understanding specifically limit such authority, rights, and powers. These retained authorities, rights, and powers include, but are not limited to, the right to hire, classify, promote, designate, discipline, evaluate, review, and discharge Employees, schedule work as needed, determine levels of staffing, maintain order and efficiency, supervise and direct Employees in the performance of their duties, set standards to ensure proper and efficient use of the work force and equipment, determine qualifications and abilities, and establish and evaluate the merits, necessity, and/or organization of any service or activity currently offered or offered at any time hereafter by the District. It is understood the General Manager shall carry out the foregoing and the Board shall not directly assign tasks to Employees. SECTION 32. ENTIRE AGREEMENT This Memorandum of Understanding constitutes the entire agreement between the parties and includes meeting and conferring on any subject, except as provided herein, or as otherwise mutually agreed upon, whether included in this Memorandum of Understanding or not. It is agreed that the terms and conditions of the Memorandum of Understanding itself shall constitute the whole agreement between the parties thereto and that the terms 31 and conditions of this Memorandum of Understanding shall supersede all proposals, conversations, oral or written agreements constituting any portion of the meet and confer process or any other discussion leading up to the Memorandum of Understanding. The parties agree that no agreement was reached on other matters discussed and that the District is not obligated to make any changes or take any action regarding them. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on the parties, except that Employees shall have all rights accorded them under the provisions of State of California and Federal labor laws. SECTION 33. SEPARABILITY OF SECTIONS If any section, subsection, paragraph, sentence, clause, or phrase of this MOU shall, for any reason, be held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this Memorandum of Understanding, it being hereby expressly provided that this MOU and each section, subsection, paragraph, sentence, clause, or phrase hereof would have been adopted irrespective of the fact that anyone or more sections, subsections, paragraphs, sentences, clauses, or phrases shall be declared invalid or unconstitutional. SECTION 34. TERM OF AGREEMENT The parties agree that this Memorandum of Understanding shall stay in full force and effect through J3nu3ry 12, 2005 January 6, 2010. SECTION 35. NO STRIKE AGREEMENT During the term of this Memorandum of Understanding, it is agreed that there shall be no strike by the Employees nor lockout by the employer. 32 PAYMENT OF CLAIMS FOR APPROVAL December 18, 2008 Payroll 12/03/08 Total Payroll BNY Western Trust Company CDS-health care payments Brownstein/Hyatt/Farber/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 -105- 12/03/08 1 ,188.44 20,149.07 114,758.65 27,604.28 17,230.16 2,331.04 87.00 460.15 257,043.88 18,782.14 459,634.81 459,634.81 459,634.81 0.00 88,143.85 31,337.77 0.00 0.00 119,481.62 582,678.13 184,896.36 0.00 29,340.00 796,914.49 1,376,030.92 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Tyne A -1 CHEMICAL INC GEN & ADMIN JANIT /SUPPLY INV 1000 - 0422 65.94 Check Total: 65.94 AP -00071429 MW ACCOUNTEMPS FINANCE CONTRACT SERVICE 1039 - 4405 2,627.24 ACCOUNTEMPS FINANCE CONTRACT SERVICE 2039 - 4405 2,627.24 Check Total: 5,254.48 AP -00071430 MW AFLAC GEN & ADMIN AFLAC FEE DED 1000 - 2538 130.00 Check Total: 130.00 AP -00071431 MW ALLIANT INSURANCE SERVICES GEN & ADMIN INSURANCE PPD 1000 - 0301 76.30 ALLIANT INSURANCE SERVICES GEN & ADMIN INS EXPENSE 1000 - 4510 38.17 ALLIANT INSURANCE SERVICES GEN & ADMIN INSURANCE PPD 2000 - 0301 76.30 ALLIANT INSURANCE SERVICES GEN & ADMIN INS EXPENSE 2000 - 4510 38.17 Check Total: 228.94 AP -00071432 MW ALPEN SIERRA COFFEE FINANCE OFC SUPPLY ISSUE 1039 - 6081 192.25 Check Total: 192.25 AP -00071433 MW ALTERNATIVES ADMINISTRATION SUBSCRIPTIONS 1021 - 4830 45.00 r ALTIM NATIVES ADMINISTRATION SUBSCRIPTIONS 2021 - 4830 44.99 Check Total: 89.99 AP -00071434 MW AMERIPRIDE UNIFORM SERVICES GEN & ADMIN UNIFORM PAYABLE 1000 - 2518 915.86 Check Total: 915.86 AP -00071435 MW ARETE SYSTEMS ENGINEERING - GIS SOFTWARE ARETE, GIS 2029 - 8937 - GISSFT 341.25 ARETE SYSTEMS INFORMATION SYS SOFTWARE, CMMS 2037 - 8982 840.00 Check Total: 1,181.25 AP -00071436 MW AT &T GEN & ADMIN TELEPHONE 1000 - 6310 294.50 AT &T GEN & ADMIN TELEPHONE 2000 - 6310 294.50 Check Total: 589.00 AP- 00071439 MW AT &T MOBILITY UNDERGROUND REP TELEPHONE 1001 - 6310 8.33 AT &T MOBILITY ELECTRICAL SHOP TELEPHONE 1003 - 6310 4.28 AT &T MOBILITY LABORATORY TELEPHONE 1007 - 6310 13.45 AT &T MOBILITY ENGINEERING TELEPHONE 1029 - 6310 6.37 AT &T MOBILITY UNDERGROUND REP TELEPHONE 2001 - 6310 8.33 AT &T MOBILITY ELECTRICAL SHOP TELEPHONE 2003 - 6310 4.28 User: MICHAEL Page: 1 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 BEACH HUT DELI BEACH HUT DELI HUMAN RESOURCES HUMAN RESOURCES PAYMENT OF CLAIMS Vendor Name Department / Proi Name D Acct# / Proi Code Amount Check Num Tvoe AT &T MOBILITY LABORATORY TELEPHONE 2007 - 6310 13.44 AT &T MOBILITY ENGINEERING TELEPHONE 2029 - 6310 6.37 Check Total: 64.85 AP -00071437 MW AT &T /CALNET 2 GEN & ADMIN TELEPHONE 1000 - 6310 468.05 AT &T /CALNET 2 GEN & ADMIN SIGNAL CHARGES 1000 - 6320 32.13 AT &T /CALNET 2 PUMPS TELEPHONE 1002 - 6310 165.68 AT &T /CALNET 2 GEN & ADMIN TELEPHONE 2000 - 6310 468.04 AT &T /CALNET 2 PUMPS TELEPHONE 2002 - 6310 118.80 Check Total: 1,252.70 AP -00071438 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: User: MICHAEL Page: 2 Report: OH_PMT_CLAIMS_BK SAFETY PROGRAMS SAFETY PROGRAMS 1022 - 6079 2022 - 6079 Check Total: 1,249.00 AP -00071440 MW 211.00 211.00 422.00 AP -00071441 MW BEN'Y AGROWDYNAMICS OPERATIONS SLUDGE DISPOSAL 1006 - 6652 849.97 I Check Total: 849.97 AP -00071442 MW BING MATERIALS ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 1,115.26 Check Total: 1,115.26 AP- 00071443 MW BORGES & MAHONEY INC PUMPS WELLS 2002 - 6050 222.69 Check Total: 222.69 AP- 00071444 MW BROWARD BROTHERS GEN & ADMIN HYDRANT PERMITS 2000 - 3529 747.66 Check Total: 747.66 AP- 00071445 MW BROWN & CALDWELL CONSULTANTS ENGINEERING - COLL SYS MASTER COLL SYS MST PLN 1029 - 8721 - CSMSPL 57,107.30 Check Total: 57,107.30 AP -00071446 MW BRULHART, MONIQUE CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 800.00 Check Total: 800.00 AP -00071447 MW BUREAU OF LAND MANAGEMENT DIAMOND VLY RNCH LAND & BUILDINGS 1028 - 5010 4,700.00 Check Total: 4,700.00 AP -00071448 MW BUTZ, GARTH UNDERGROUND REP TRAVEL/MEETINGS 2001 - 6200 100.00 Check Total: 100.00 AP- 00071449 MW Current Date: 12/11/2008 Current Time: 09:26:20 Vendor Name CALIF BOARD OF EQUALIZATION CALIF BOARD OF EQUALIZATION CALIF E P A CALIF E P A CAMPBELL AUD, NANCI CAMPBELL AUD, NANCI CASIIMAN EQUIPMENT CAST MAN EQUIPMENT co CDW - G CORP CDW - G CORP CDW - G CORP CDW -GCORP Department / Proi Name FINANCE FINANCE LABORATORY LABORATORY CALIF REG WATER QUAL CONTR BD DIAMOND VLY RNCH - HARVEY CHANNEL HARVEY CHANNEL CALIF WATER RESOURCES CTRL BD OPERATIONS CALIF WATER RESOURCES CTRL BD ENGINEERING HUMAN RESOURCES HUMAN RESOURCES EQUIPMENT REP EQUIPMENT REPAIR ADMINISTRATION INFORMATION SYS ADMINISTRATION INFORMATION SYS CENTERPOINT CONCRETE PUMPING ENGINEERING - ICR TMDL CHARTER ADVERTISING /DESIGN INC FINANCE CHARTER ADVERTISING /DESIGN INC FINANCE CITY OF SOUTH LAKE TAHOE CITY OF SOUTH LAKE TAHOE User: MICHAEL Report: OH_PMT_CLAIMS_BK UNDERGROUND REP ENGINEERING - TWIN PEAKS BS PAYMENT OF CLAIMS Description SUPPLIES SUPPLIES OPERATING PERMIT OPERATING PERMIT OPERATING PERMIT OPERATING PERMIT SAFETY /EQUIP /PHY SAFETY /EQUIP /PHY AUTOMOTIVE AUTOMOTIVE OFFICE SUPPLIES DIST.COMP SPPLIS OFFICE SUPPLIES DIST.COMP SPPLIS O2SYS/TMDL,ICR PRINTING PRINTING OPERATING PERMIT BSTR, TWN PEAKS Page: 3 Acct# / Proi Code 1039 - 6520 2039 - 6520 1007-6650 2007-6650 1028 - 8830 - HARVEY Check Total: 1006 - 6650 1029 - 6650 1022 - 6075 2022 - 6075 1005 - 6011 2005 -6011 1021 - 4820 1037 - 4840 2021 - 4820 2037 - 4840 1039 - 4920 2039 - 4920 2001 - 6650 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: 1029 - 8605 - ICTMDL Check Total: Check Total: Check Total: 2029 - 7070 - TPBSTR Check Total: Current Date: 12/11/2008 Current Time: 09:26:20 Amount Check Num Tvpe 1.00 1.00 2.00 AP -00071450 MW 107.50 107.50 215.00 AP -00071451 MW 640.00 640.00 AP -00071452 MW 64,079.00 1,226.00 65,305.00 AP -00071453 MW 27.50 27.50 55.00 AP -00071454 MW 92.69 58.59 151.28 AP -00071455 MW 430.42 191.88 430.41 191.85 1,244.56 AP- 00071456 MW 504.00 504.00 AP -00071457 MW 7,444.50 7,444.50 14,889.00 AP- 00071458 MW 2,700.00 2,700.00 AP -00071459 MW 476.00 476.00 AP -00071460 MW Vendor Name COCKING, DENNIS COCKING, DENNIS CREEK ENVIRONMENTAL LABS CREEK ENVIRONMENTAL LABS CREEK ENVIRONMENTAL LABS CREEK ENVIRONMENTAL LABS CREEK ENVIRONMENTAL LABS CREEK ENVIRONMENTAL LABS CREEK ENVIRONMENTAL LABS CSRMA CUEVAS, SIMON A CUSg)M PAINTING CWEA DIAMOND WOODCRAFT DICK'S FULLER - DOUG VEERKAMP GEN ENGINEERING DOUG VEERKAMP GEN ENGINEERING E- FILLIATE CORP E- FILLIATE CORP EL DORADO COUNTY User: MICHAEL Report: OH_PMT_CLAIMS_BK Department / Proi Name DIO DIO LABORATORY - ARHD3 TRTMT EXP LABORATORY - BEACON CONTAM LABORATORY - BKRFLD TRTMT EXP LABORATORY - HERBST LABORATORY LABORATORY - SOYCON LABORATORY - TAHOE TOM CONTAM UNDERGROUND REP UNDERGROUND REP ENGINEERING - ICR TMDL UNDERGROUND REP FINANCE PUMPS GEN & ADMIN - WTRLN, JULIE LN ENGINEERING - WTRLN, JULIE LN INFORMATION SYS INFORMATION SYS ENGINEERING - TWIN PEAKS BS PAYMENT OF CLAIMS Page: Description TRAVEUMEETINGS TRAVEUMEETINGS MONITORING MONITORING MONITORING MONITORING MONITORING MONITORING MONITORING CSRMA LIAB CLAIM TRAVEUMEETI NGS O2SYS/TMDL,ICR DUES /MEMB /CERT WKSTN AP OFFICE PUMP STATIONS CONST RETAINAGE WTRLN, JULIE DIST.COMP SPPLIS DIST.COMP SPPLIS BSTR, TWN PEAKS Acct# / Proi Code 1027 - 6200 2027 - 6200 Check Total: 2007 - 6110 - AH3EXP 2007 - 6110 - BEACON 2007 - 6110 - BKRFLD 2007 - 6110 - HERBST 2007 - 6110 2007 - 6110 - SOYCON 2007 - 6110 - TOMCON Check Total: 2001 - 4521 2001 - 6200 1001 - 6250 1039 - 8945 2002 - 6051 1037 - 4840 2037 - 4840 Check Total: Check Total: 1029 - 8605 - ICTMDL Check Total: Check Total: Check Total: Check Total: 2000 - 2605 - JULIE7 2029 - 7067 - JULIE7 Check Total: Check Total: 2029 - 7070 - TPBSTR Check Total: Current Date: 12/11/2008 Current Time: 09:26:20 Amount Check Num Type 259.38 259.37 518.75 AP -00071461 MW 220.00 190.00 560.00 600.00 920.00 220.00 220.00 2,930.00 AP -00071462 MW 1,345.39 1,345.39 AP -00071463 MW 138.06 138.06 AP -00071464 MW 5,062.35 5,062.35 AP- 00071465 MW 127.00 127.00 AP -00071466 MW 2,390.00 2,390.00 AP -00071467 MW 39.78 39.78 AP -00071468 MW - 1,732.50 34,727.24 32,994.74 AP -00071469 MW 488.62 488.65 977.27 AP-00071470 MW 273.00 273.00 AP -00071471 MW PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Tvoe EL DORADO COUNTY OPERATIONS OPERATING PERMIT 1006 - 6650 684.00 EL DORADO COUNTY ENGINEERING OPERATING PERMIT 1029 - 6650 500.00 Check Total: 1,184.00 AP- 00071472 MW ENCO HOT DEALS HEAVY MAINT SHOP SUPPLIES 1004 - 6071 87.85 Check Total: 87.85 AP- 00071473 MW ENRIQUEZ, JESUS S. UNDERGROUND REP TRAVEUMEETINGS 2001 - 6200 65.00 Check Total: 65.00 AP- 00071474 MW ENTRIX INC ENGINEERING - SUT WELL REDRILL SUT WELL REDRILL 2029 - 8463 - RWSUTR 4,846.29 Check Total: 4,846.29 AP- 00071475 MW ENVIRONMENTAL EXPRESS LABORATORY LAB SUPPLIES 1007 - 4760 832.01 ENVIRONMENTAL EXPRESS LABORATORY LAB SUPPLIES 2007 - 4760 674.25 Check Total: 1,506.26 AP -00071476 MW FAIRBANKS SCALES OPERATIONS PMPS,FLTR CHEM 1006 - 8920 2,564.05 Check Total: 2.564.05 AP -00071477 MW FARR WEST ENGINEERING INC ENGINEERING - DVR IRRIG FIELDS DVR ESB 1029 - 8836 - MEIKO8 27,387.71 r o Check Total: 27,387.71 AP- 00071478 MW FEDEX DIO POSTAGE EXPENSES 1027 - 4810 8.15 FEDEX ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 8.11 FEDEX DIO POSTAGE EXPENSES 2027 - 4810 8.14 FISHER SCIENTIFIC LABORATORY LAB SUPPLIES 1007 - 4760 FISHER SCIENTIFIC LABORATORY LAB SUPPLIES 2007 - 4760 FRED PRYOR SEMINARS FRED PRYOR SEMINARS Check Total: 24.40 AP -00071479 MW 403.76 590.69 Check Total: 994.45 AP -00071480 MW FINANCE TRAVEUMEETINGS 1039 - 6200 39.50 FINANCE TRAVEUMEETINGS 2039 - 6200 39.50 Check Total: 79.00 AP -00071481 MW GB GENERAL ENG CONTRACTOR INC UNDERGROUND REP PIPE /CVRS /MHLS 1001 - 6052 789.75 GB GENERAL ENG CONTRACTOR INC UNDERGROUND REP PIPE /CVRS /MHLS 2001 - 6052 12,353.50 Check Total: 13,143.25 AP -00071482 MW GFOA FINANCE DUES /MEMB /CERT 1039 - 6250 77.50 GFOA FINANCE DUES /MEMB /CERT 2039 - 6250 77.50 User: MICHAEL Page: 5 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 Ve ndor Name Department / Proi Name Description Acct# 1 Proi Code Amount Check Num Type Check Total: 155.00 AP- 00071483 MW GFS CHEMICAL LABORATORY LAB SUPPLIES 1007 - 4760 29.85 GFS CHEMICAL LABORATORY LAB SUPPLIES 2007 - 4760 31.22 Check Total: 61.07 AP -00071484 MW GOREVIN, RENEE CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 800.00 Check Total: 800.00 AP- 00071485 MW GRAINGER HEAVY MAINTENANC BUILDINGS 2004 - 6041 372.00 Check Total: 372.00 AP- 00071486 MW HANSEL FORD LINC MERCURY EQUIPMENT REPAIR REPL VEH 17 2005 - 8957 20,578.23 Check Total: 20,578.23 AP -00071487 MW HANSEN INFO TECHNOLOGIES INFORMATION SYS SOFTWARE, CMMS 2037 - 8982 8,000.00 Check Total: 8,000.00 AP -00071488 MW HASLER FINANCIAL SERVICES LLC CUSTOMER SERVICE EQUIP RENT /LEASE 1038 - 5020 122.57 HASLER FINANCIAL SERVICES LLC CUSTOMER SERVICE EQUIP RENT /LEASE 2038 - 5020 122.57 I Check Total: 245.14 AP- 00071489 MW HAUM BRUECK ASSOCIATES LLC ENGINEERING - ARSENIC STUDY ARSNC TRTMNT 2029 - 8864 - ARSNIC 2,320.00 I Check Total: 2,320.00 AP -00071490 MW HERNANDEZ, LAZARO UNDERGROUND REP TRAVEUMEETINGS 2001 - 6200 45.00 Check Total: 45.00 AP- 00071491 MW HIGH SIERRA BUSINESS SYSTEMS HUMAN RESOURCES SERVICE CONTRACT 1022 - 6030 47.53 HIGH SIERRA BUSINESS SYSTEMS CUSTOMER SERVICE SERVICE CONTRACT 1038 - 6030 - 44.34 HIGH SIERRA BUSINESS SYSTEMS HUMAN RESOURCES SERVICE CONTRACT 2022 - 6030 47.53 HIGH SIERRA BUSINESS SYSTEMS CUSTOMER SERVICE SERVICE CONTRACT 2038 - 6030 44.33 Check Total: 183.73 AP -00071492 MW HOFFMAN SOUTHWEST CORP UNDERGROUND REP INFILTRTN /INFLOW 1001 - 6055 54,600.00 Check Total: 54,600.00 AP- 00071493 MW HOYT, TIMM GEN & ADMIN UB SUSPENSE 1000 - 2002 85.53 HOYT, TIMM GEN & ADMIN UB SUSPENSE 2000 - 2002 116.97 Check Total: 202.50 AP -00071494 MW HUGO BONDED LOCKSMITH EQUIPMENT REP AUTOMOTIVE 1005 - 6011 6.47 Check Total: 6.47 AP -00071495 MW User: MICHAEL PAYMENT OF CLAIMS Page: 6 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num no INTERSTATE SAFETY & SUPPLY GEN & ADMIN SHOP SUPPLY INV 1000 - 0421 633.58 Check Total: 633.58 AP -00071496 MW JOHNSON, ROSS V OPERATIONS DUES/MEMB /CERT 1006 - 6250 190.00 Check Total: 190.00 AP -00071497 MW KELLEY EROSION CONTROL INC EXPORT PIPELINE - B LINE REVEG BLINE REVEG 9098 - 8736 - BLNVEG 29,340.00 Check Total: 29,340.00 AP -00071498 MW KIMBALL MIDWEST HEAVY MAINT SHOP SUPPLIES 1004 - 6071 636.86 KIMBALL MIDWEST EQUIPMENT REP SHOP SUPPLIES 1005 - 6071 319.02 Check Total: 955.88 AP -00071499 MW LAKESIDE NAPA HEAVY MAINT SHOP SUPPLIES 1004 - 6071 11.90 LAKESIDE NAPA EQUIPMENT REP AUTOMOTIVE 1005 - 6011 1,291.06 LAKESIDE NAPA EQUIPMENT REP GENERATORS 1005 - 6013 419.69 LAKESIDE NAPA EQUIPMENT REP SHOP SUPPLIES 1005 - 6071 25.24 LAKESIDE NAPA EQUIPMENT REP SMALL TOOLS 1005 - 6073 20.55 N LAKESIDE NAPA OPERATIONS MOBILE EQUIP 1006 - 6012 9.87 LAKESIDE NAPA UNDERGROUND REP SMALL TOOLS 2001 - 6073 14.59 LAKESIDE NAPA EQUIPMENT REPAIR AUTOMOTIVE 2005 - 6011 496.23 LAKESIDE NAPA EQUIPMENT REPAIR SHOP SUPPLIES 2005 - 6071 25.23 LAKESIDE NAPA EQUIPMENT REPAIR SMALL TOOLS 2005 - 6073 20.55 Check Total: 2,334.91 AP -00071501 MW Les Schwab Tires EQUIPMENT REP AUTOMOTIVE 1005 - 6011 1,417.44 Les Schwab Tires EQUIPMENT REPAIR AUTOMOTIVE 2005 - 6011 1,147.92 Check Total: 2,565.36 AP -00071502 MW LOOMIS FARGO & CO. FINANCE CONTRACT SERVICE 1039 - 4405 282.23 LOOMIS FARGO & CO. FINANCE CONTRACT SERVICE 2039 - 4405 282.23 Check Total: 564.46 AP- 00071503 MW MAINTENANCE CONNECTION INC INFORMATION SYS SOFTWARE, CMMS 2037 - 8982 678.67 Check Total: 678.67 AP- 00071504 MW MC MASTER CARR SUPPLY CO PUMPS LUTHER PASS 1002 - 6048 1,488.05 User: MICHAEL PAYMENT OF CLAIMS Page: 7 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num LP MC MASTER CARR SUPPLY CO HEAVY MAINT PRIMARY EQUIP 1004 - 6021 661.44 MC MASTER CARR SUPPLY CO HEAVY MAINT SECONDARY EQUIP 1004 - 6022 673.01 Check Total: 2,822.50 AP 00071505 MW MEEKS BUILDING CENTER PUMPS PUMP STATIONS 1002 - 6051 2.94 MEEKS BUILDING CENTER PUMPS SHOP SUPPLIES 1002 - 6071 7.60 MEEKS BUILDING CENTER HEAVY MAINT SHOP SUPPLIES 1004 - 6071 1.96 MEEKS BUILDING CENTER DIAMOND VLY RNCH GROUNDS & MNTC 1028 - 6042 176.02 MEEKS BUILDING CENTER ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 1,196.32 MEEKS BUILDING CENTER CUSTOMER SERVICE SMALL TOOLS 1038 - 6073 19.90 MEEKS BUILDING CENTER PUMPS WELLS 2002 - 6050 226.13 MEEKS BUILDING CENTER PUMPS RPR/MNTC WTR TKS 2002 - 6054 50.12 MEEKS BUILDING CENTER PUMPS SHOP SUPPLIES 2002 - 6071 7.60 MEEKS BUILDING CENTER ELECTRICAL SHOP WELLS 2003 - 6050 15.76 MEEKS BUILDING CENTER HEAVY MAINTENANC BUILDINGS 2004 - 6041 200.53 MEEKS BUILDING CENTER ENGINEERING - C CLUB TNK REPL TANK, COUNTRY CL 2029 - 7063 - CLUBTK 51.69 1 1 -' Check Total: 1,956.57 AP 00071506 MW MICI 1'ELS CYCLE WORKS INC EQUIPMENT REP AUTOMOTIVE 1005 - 6011 476.62 Check Total: 476.62 AP -00071507 MW MID MOUNTAIN COMMUNICATIONS EQUIPMENT REP SHOP SUPPLIES 1005 - 6071 183.52 MID MOUNTAIN COMMUNICATIONS DIAMOND VLY RNCH GROUNDS & MNTC 1028 - 6042 30.00 MID MOUNTAIN COMMUNICATIONS EQUIPMENT REPAIR SHOP SUPPLIES 2005 - 6071 183.52 Check Total: 397.04 AP -00071508 MW MIDDLEBROOK MEDIA HUMAN RESOURCES SAFETY PROGRAMS 1022 - 6079 821.28 MIDDLEBROOK MEDIA HUMAN RESOURCES SAFETY PROGRAMS 2022 - 6079 821.29 Check Total: 1,642.57 AP -00071509 MW MUFFLER PALACE, THE EQUIPMENT REPAIR AUTOMOTIVE 2005 - 6011 43.10 Check Total: 43.10 AP -00071510 MW MWH LABORATORIES LABORATORY MONITORING 1007 - 6110 150.00 MWH LABORATORIES LABORATORY MONITORING 2007 - 6110 150.00 Check Total: 300.00 AP -00071511 MW MY OFFICE PRODUCTS GEN & ADMIN OFFICE INVENTORY 1000 - 0428 478.09 MY OFFICE PRODUCTS FINANCE OFFICE SUPPLIES 1039 - 4820 85.03 User. MICHAEL Page: 8 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 Vendor Name MY OFFICE PRODUCTS NASSCO INC NELS TAHOE HARDWARE NELS TAHOE HARDWARE NELS TAHOE HARDWARE NELS TAHOE HARDWARE NELS TAHOE HARDWARE NELS TAHOE HARDWARE NELS TAHOE HARDWARE NELS TAHOE HARDWARE NELS TAHOE HARDWARE NELS TAHOE HARDWARE NOUN, LYNN NOLAN, LYNN NORTHWEST HYD. CONSULT INC NORTHWEST HYD. CONSULT INC NUROCK, DOUG OLIN CORPORATION ONTRAC ONTRAC ONTRAC ONTRAC PASSARETTI'S CATERING BY TAI PASSARETTI'S CATERING BY TAI User: MICHAEL Report: OH_PMT_CLAIMS_BK Department / Proi Name FINANCE UNDERGROUND REP PUMPS HEAVY MAINT HEAVY MAINT ADMINISTRATION ENGINEERING ENGINEERING - ICR TMDL PUMPS PUMPS ADMINISTRATION ENGINEERING FINANCE - WATER FUND BOND FINANCE - WATER FUND BOND ENGINEERING - CTC GRNT -BMPs ENGINEERING - CTC GRNT -BMPs OPERATIONS OPERATIONS LABORATORY ENGINEERING - EFFLUENT EVAL LABORATORY - BEACON CONTAM LABORATORY HUMAN RESOURCES HUMAN RESOURCES PAYMENT OF CLAIMS Description OFFICE SUPPLIES DUES/MEMB /CERT SHOP SUPPLIES SECONDARY EQUIP SHOP SUPPLIES SUPPLIES SUPPLIES O2SYS/TMDL,ICR RPR/MNTC WTR TKS SHOP SUPPLIES SUPPLIES SUPPLIES TRAVEL/MEETINGS TRAVEUMEETINGS BMP PROJECTS BMP PROJECTS DUES/MEMB /CERT HYPOCHLORITE POSTAGE EXPENSES REP EXP PUMPS POSTAGE EXPENSES POSTAGE EXPENSES SAFETY PROGRAMS SAFETY PROGRAMS Page: 9 Acct# / Proi Code 2039 - 4820 1001-6250 1002 - 6071 1004 - 6022 1004 - 6071 1021 - 6520 1029 - 6520 1029 - 8605 - ICTMDL 2002 - 6054 2002 - 6071 2021 - 6520 2029 - 6520 Check Total: 1039 - 6200 - PROP84 2039 - 6200 - PROP84 Check Total: 1029 - 8737 - CTCBMP 2029 - 8745 - CTCBMP Check Total: 27 028.53 1006 - 6250 190.00 190.00 1006 - 4755 7,457.77 1007 -4810 1029 - 8676 - EFFLEV 2007 - 4810 - BEACON 2007 - 4810 1022 - 6079 2022 - 6079 Check Total: Check Total: Check Total: Check Total: Check Total: Current Date: 12/11/2008 Current Time: 09:26:20 Amount Check Num Type 85.02 648.14 AP -00071512 MW 225.00 225.00 AP -00071513 MW 2.67 32.32 21.19 25.00 10.77 21.74 8.15 2.67 25.00 10.77 160.28 AP- 00071514 MW 34.74 34.73 69.47 AP -00071515 MW 13,514.27 13,514.26 AP -00071516 AP -00071517 7,457.77 AP -00071518 MW MW MW 18.50 20.00 7.50 7.00 53.00 AP- 00071519 MW 258.60 258.60 PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Tym Check Total: 517.20 AP- 00071520 MW PDM STEEL PUMPS SHOP SUPPLIES 1002 - 6071 1,105.70 PDM STEEL HEAVY MAINT SECONDARY EQUIP 1004 - 6022 641.05 PDM STEEL HEAVY MAINT SHOP SUPPLIES 1004 - 6071 268.32 Check Total: 2,015.07 AP- 00071521 MW PETTY CASH GEN & ADMIN SUPPLIES 1000 - 6520 1.60 PETTY CASH EQUIPMENT REP AUTOMOTIVE 1005 - 6011 20.00 PETTY CASH HUMAN RESOURCES PERSONNEL EXPENS 1022 - 6670 10.85 PETTY CASH ENGINEERING SUPPLIES 1029 - 6520 3.50 PETTY CASH ENGINEERING - DVR EIR DIAM VLY MP /EIR 1029 - 8725 DVREIR 10.73 PETTY CASH CUSTOMER SERVICE TRAVEUMEETINGS 1038 - 6200 44.00 PETTY CASH FINANCE TRAVEUMEETINGS 1039 - 6200 16.68 PETTY CASH FINANCE - WATER FUND BOND TRAVEUMEETINGS 1039 - 6200 - PROP84 5.00 PETTY CASH GEN & ADMIN SUPPLIES 2000 - 6520 1.59 PETTY CASH HUMAN RESOURCES PERSONNEL EXPENS 2022 - 6670 10.85 1 PET' CASH ENGINEERING SUPPLIES 2029 - 6520 3.49 PETi'' CASH CUSTOMER SERVICE TRAVEL/MEETINGS 2038 - 6200 44.00 PETTY CASH FINANCE TRAVEUMEETINGS 2039 - 6200 16.67 PETTY CASH FINANCE - WATER FUND BOND TRAVEL/MEETINGS 2039 - 6200 - PROP84 5.00 Check Total: 193.96 AP- 00071522 MW PINE CONE ACRE MOTEL UNDERGROUND REP STANDBY ACCOMODA 2001 - 6083 206.00 Check Total: 206.00 AP- 00071523 MW PINKEL,MICHELE ENGINEERING TRAVEUMEETINGS 1029 - 6200 153.32 PINKEL,MICHELE ENGINEERING TRAVEUMEETINGS 2029 - 6200 153.31 Check Total: 306.63 AP -00071524 MW PRAXAIR 174 PUMPS SHOP SUPPLIES 1002 - 6071 33.44 PRAXAIR 174 PUMPS SMALL TOOLS 1002 - 6073 13.48 PRAXAIR 174 HEAVY MAINT SHOP SUPPLIES 1004 - 6071 86.35 PRAXAIR 174 LABORATORY LAB SUPPLIES 1007 - 4760 56.97 PRAXAIR 174 PUMPS SHOP SUPPLIES 2002 - 6071 33.44 PRAXAIR 174 PUMPS SMALL TOOLS 2002 - 6073 13.47 PRAXAIR 174 LABORATORY LAB SUPPLIES 2007 - 4760 56.96 User: MICHAEL Page: 10 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Tune: 09:26:20 Vendor Name PRICE, RICHARD A RADIO SHACK RED WING SHOE STORE RED WING SHOE STORE RED WING SHOE STORE REDWOOD PRINTING REDWOOD PRINTING REDWOOD PRINTING RELIANCE STANDARD ROE�IOHN F. SAFETY KLEEN CORP. SAFETY KLEEN CORP. SCIENTIFIC SPECIALTIES SRV INC SCIENTIFIC SPECIALTIES SRV INC SCOTTYS HARDWARE SCOTTYS HARDWARE SHERWIN - WILLIAMS SIERRA CHEMICAL CO SIERRA PACIFIC POWER User: MICHAEL Report: OH_PMT_CLAIMS_BK Department / Proi Name CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE ELECTRICAL SHOP OPERATIONS ENGINEERING ENGINEERING UNDERGROUND REP ENGINEERING ENGINEERING GEN & ADMIN PUMPS PUMPS LABORATORY LABORATORY PUMPS HEAVY MAINTENANC ENGINEERING - ICR TMDL PUMPS GEN & ADMIN PAYMENT OF CLAIMS Description SHOP SUPPLIES SAFETY/EQUIP/PHY SAFETY/EQU I P/PHY SAFETY /EQUIP/PHY PIPE /CVRS/MHLS SUPPLIES SUPPLIES LIFE INS CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE OIL & LUBE OIL & LUBE LAB SUPPLIES LAB SUPPLIES PUMP STATIONS BUILDINGS O2SYS/TMDL,ICR HYPOCHLORITE ELECTRICITY Page: 11 Acct# / Proi Code 2038 - 6660 - WCPROG Check Total: 2003-6071 1006 - 6075 1029 - 6075 2029 - 6075 1001 - 6052 1029 - 6520 2029 - 6520 1000 - 2512 1002 - 4630 2002 - 4630 1007 - 4760 2007 - 4760 1002 - 6051 2004 - 6041 2002 - 4755 1000 - 6330 Check Total: Check Total: Check Total: Check Total: Check Total: 2038 - 6660 - WCPROG Check Total: Check Total: Check Total: Check Total: 1029 - 8605 - ICTMDL Check Total: Check Total: Current Date: 12/11/2008 Current Time: 09:26:20 Amount Check Num TyPQ 294.11 AP -00071525 MW 800.00 800.00 AP -00071526 MW 43.09 43.09 AP -00071527 MW 343.45 87.01 87.00 517.46 AP -00071528 MW 796.04 153.50 153.50 1,103.04 AP- 00071529 MW 1,717.72 1,717.72 AP -00071530 MW 800.00 800.00 AP -00071531 MW 137.30 137.30 274.60 AP -00071532 MW 229.00 72.90 301.90 AP -00071533 MW 11.25 302.07 313.32 536.86 536.86 1,465.98 1.465.98 99,568.20 AP -00071534 MW AP- 00071535 MW AP -00071536 MW PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amon Check Num Type SIERRA PACIFIC POWER GEN & ADMIN ST LIGHTING EXP 1000 - 6740 1,378.55 SIERRA PACIFIC POWER GEN & ADMIN ELECTRICITY 2000 - 6330 23,714.63 Check Total: 124,661.38 AP -00071537 MW SIERRA SPRINGS UNDERGROUND REP SUPPLIES 1001 - 6520 12.13 SIERRA SPRINGS PUMPS SUPPLIES 1002 - 6520 0.81 SIERRA SPRINGS ELECTRICAL SHOP SUPPLIES 1003 - 6520 4.04 SIERRA SPRINGS HEAVY MAINT SUPPLIES 1004 - 6520 12.13 SIERRA SPRINGS EQUIPMENT REP SUPPLIES 1005 - 6520 4.04 SIERRA SPRINGS OPERATIONS SUPPLIES 1006 - 6520 12.13 SIERRA SPRINGS DIAMOND VLY RNCH SUPPLIES 1028 - 6520 4.04 SIERRA SPRINGS CUSTOMER SERVICE SUPPLIES 1038 - 6520 4.04 SIERRA SPRINGS UNDERGROUND REP SUPPLIES 2001 - 6520 12.13 SIERRA SPRINGS PUMPS SUPPLIES 2002 - 6520 3.24 SIERRA SPRINGS ELECTRICAL SHOP SUPPLIES 2003 - 6520 4.04 SIERRA SPRINGS EQUIPMENT REPAIR SUPPLIES 2005 - 6520 4.04 1 SIEi'A SPRINGS CUSTOMER SERVICE SUPPLIES 2038 - 6520 4.04 I Check Total: 80.85 AP -00071538 MW SNEED, CHRIS UNDERGROUND REP TRAVEL/MEETINGS 2001 - 6200 35.10 Check Total: 35.10 AP -00071539 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 -00071540 MW SOUTHWEST GAS GEN & ADMIN NATURAL GAS 1000 - 6350 8,873.82 SOUTHWEST GAS GEN & ADMIN NATURAL GAS 2000 - 6350 517.73 Check Total: 9,391.55 AP -00071541 MW STANDARD INSURANCE COMPANY GEN & ADMIN LNG TRM DIS,MGMT 1000 - 2531 1,465.72 Check Total: 1,465.72 AP -00071542 MW SUBSTITUTE PERSONNEL & HUMAN RESOURCES CONTRACT SERVICE 1022 - 4405 1,237.60 SUBSTITUTE PERSONNEL & ENGINEERING CONTRACT SERVICE 1029 - 4405 294.02 SUBSTITUTE PERSONNEL & ENGINEERING - EFFLUENT EVAL REP EXP PUMPS 1029 - 8676 - EFFLEV 597.68 SUBSTITUTE PERSONNEL & HUMAN RESOURCES CONTRACT SERVICE 2022 - 4405 1,237.60 SUBSTITUTE PERSONNEL & ENGINEERING CONTRACT SERVICE 2029 - 4405 294.02 User: MICHAEL Page: 12 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 Vendor Name Department / Proi Name SUBSTITUTE PERSONNEL & ENGINEERING - C CLUB TNK REPL SWAIN, CAROL INFORMATION SYS TRAVEUMEETINGS 1037 - 6200 130.62 SWAIN, CAROL INFORMATION SYS TRAVEUMEETINGS 2037 - 6200 130.61 Check Total: 261.23 AP - 00071544 MW TAHOE BLUEPRINT UNDERGROUND REP PIPE /CVRS/MHLS 1001 - 6052 682.06 Check Total: 682.06 AP - 00071545 MW TAHOE CATERING COMPANY HUMAN RESOURCES SAFETY PROGRAMS 1022 - 6079 249.17 TAHOE CATERING COMPANY HUMAN RESOURCES SAFETY PROGRAMS 2022 - 6079 249.17 Check Total: 498.34 AP - 00071546 MW TAHOE SAND & GRAVEL PUMPS GROUNDS & MNTC 1002 - 6042 73.19 TAHOE SAND & GRAVEL PUMPS GROUNDS & MNTC 2002 - 6042 73.18 Check Total: 146.37 AP 00071547 MW TAHOE TRADING POST OPERATIONS SAFETY/EQUIP/PHY 1006 - 6075 139.20 I Check Total: 139.20 AP - 00071548 MW r TAHI VALLEY ELECTRIC SUPPLY PUMPS SMALL TOOLS 1002 - 6073 14.51 TAHOE VALLEY ELECTRIC SUPPLY ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 77.48 TAHOE VALLEY ELECTRIC SUPPLY PUMPS SMALL TOOLS 2002 - 6073 14.51 TAHOE VALLEY ELECTRIC SUPPLY ELECTRICAL SHOP SHOP SUPPLIES 2003 - 6071 59.59 Check Total: 166.09 AP - 00071549 MW TAMCO LLC UNDERGROUND REP PIPE /CVRS /MHLS 2001 - 6052 6,480.00 Check Total: 6,480.00 AP - 00071550 MW TECHPRO SALES & SERVICE INC PUMPS PUMP STATIONS 2002 - 6051 1,007.09 Check Total: 1,007.09 AP - 00071551 MW THEISEN, CAROLYN FINANCE TRAVEUMEETINGS 1039 - 6200 98.98 THEISEN, CAROLYN FINANCE TRAVEUMEETINGS 2039 - 6200 98.97 Check Total: 197.95 AP - 00071552 MW THOMAS HAEN CO INC GEN & ADMIN HYDRANT PERMITS 2000 - 3529 540.20 Check Total: 540.20 AP - 00071553 MW TRAINING CONSORTIUM LLC, THE INFORMATION SYS TRAVEL/MEETINGS 1037 - 6200 1,295.00 TRAINING CONSORTIUM LLC, THE INFORMATION SYS TRAVEUMEETINGS 2037 - 6200 1,295.00 User: MICHAEL PAYMENT OF CLAIMS Description Acct# / Proi Code TANK, COUNTRY CL 2029 - 7063 - CLUBTK Check Total: Page: 13 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 Amount Check Num Type 9.64 3,670.56 AP -00071543 MW PAYMENT OF CLAIMS Vendor Name Department / Proi Name Description Acct# / Proi Code Amount Check Num Tvoe Check Total: 2,590.00 AP -00071554 MW TRPA GEN & ADMIN TRANS MITIGATION 1000 - 2606 36,937.56 Check Total: 36,937.56 AP- 00071555 MW TRPA ENGINEERING - TWIN PEAKS BS BSTR, TWN PEAKS 2029 - 7070 - TPBSTR 75.00 Check Total: 75.00 AP -00071556 MW TRPA ENGINEERING - TWIN PEAKS BS BSTR, TWN PEAKS 2029 - 7070 - TPBSTR 3,000.00 Check Total: 3,000.00 AP -00071557 MW TRUCKEE OVERHEAD DOOR HEAVY MAINT BUILDINGS 1004 - 6041 994.53 Check Total: 994.53 AP -00071558 MW UNDERWATER RESOURCES INC GEN & ADMIN - ICR TMDL CONST RETAINAGE 1000 - 2605 - ICTMDL - 7,138.92 UNDERWATER RESOURCES INC ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 115,410.98 Check Total: 108,272.06 AP -00071559 MW UNITED PARCEL SERVICE GEN & ADMIN POSTAGE EXPENSES 1000 - 4810 500.00 UNITED PARCEL SERVICE GEN & ADMIN POSTAGE EXPENSES 2000 - 4810 500.00 I Check Total: 1,000.00 AP-00071560 MW r UNIT RENTALS INC DIAMOND VLY RNCH GROUNDS & MNTC 1028 - 6042 7,430.03 Check Total: 7,430.03 AP -00071561 MW USA BLUE BOOK UNDERGROUND REP PIPE /CVRS /MHLS 1001 - 6052 186.83 Check Total: 186.83 AP- 00071562 MW USDA FOREST SERVICE ENGINEERING OPERATING PERMIT 1029 - 6650 500.00 USDA FOREST SERVICE ENGINEERING OPERATING PERMIT 2029 - 6650 500.00 Check Total: 1,000.00 AP -00071563 MW VERIZON DIAMOND VLY RNCH TELEPHONE 1028 - 6310 45.41 Check Total: 45.41 AP- 00071564 MW WECO INDUSTRIES INC UNDERGROUND REP PIPE /CVRS /MHLS 1001 - 6052 2,512.12 Check Total: 2,512.12 AP -00071565 MW WEDCO INC ELECTRICAL SHOP BUILDINGS 1003 - 6041 66.19 WEDCO INC ENGINEERING - ICR TMDL O2SYS/TMDL,ICR 1029 - 8605 - ICTMDL 18.87 WEDCO INC ELECTRICAL SHOP BUILDINGS 2003 - 6041 50.02 WEDCO INC ELECTRICAL SHOP RPR/MNTC WTR TKS 2003 - 6054 42.13 Check Total: 177.21 AP -00071566 MW User: MICHAEL Page: 14 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 Vendor Name WESTERN ENERGETIX INC WESTERN ENERGETIX INC WESTERN ENERGETIX INC WESTERN ENERGETIX INC WESTERN ENERGETIX INC WESTERN ENERGETIX INC WESTERN ENERGETIX INC WESTERN ENERGETIX INC WESTERN ENERGETIX INC WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY N 0 WHITE CAP WINZLER & KELLY CONSULT ENGRS ZEE MEDICAL INC ZEE MEDICAL INC User: MICHAEL Department / Proi Name GEN & ADMIN PUMPS PUMPS HEAVY MAINT DIAMOND VLY RNCH DIAMOND VLY RNCH PUMPS PUMPS EQUIPMENT REPAIR PUMPS DIAMOND VLY RNCH ENGINEERING - ICR TMDL PUMPS PUMPS CUSTOMER SERVICE HEAVY MAINT ENGINEERING - EFFLUENT EVAL GEN & ADMIN GEN & ADMIN PAYMENT OF CLAIMS Description GASOLINE INV DIESEL OIL & LUBE GROUNDS & MNTC GASOLINE DIESEL DIESEL OIL & LUBE GENERATORS SHOP SUPPLIES DIVERS STRUC,DVR O2SYS/TMDL,ICR WELLS SHOP SUPPLIES WATER METERS SECONDARY EQUIP REP EXP PUMPS SAFETY /EQUIP /PHY SAFETY /EQUIP/PHY Page: 15 Acct# / Proi Code 1000 - 0415 1002 - 4620 1002 - 4630 1004 - 6042 1028 - 4610 1028 - 4620 2002 - 4620 2002 - 4630 2005 - 6013 Amount Check Num Tvce 3,712.47 430.29 148.66 350.84 686.38 1,181.00 430.28 148.67 - 577.00 Check Total: 6 511.59 AP 00071567 MW 1002 - 6071 21.50 1028 - 8686 4,411.62 1029 - 8605 - ICTMDL 42.69 2002 - 6050 10.15 2002 - 6071 21.49 2038 -6045 13,091.63 Check Total: 17,599.08 AP 00071568 MW 1004 - 6022 202.02 Check Total: 202.02 AP 00071569 MW 1029 - 8676 - EFFLEV 15,898.53 Check Total: 15,898.53 AP 00071570 MW 1000 - 6075 368.36 2000 - 6075 368.36 Check Total: 736.72 AP -00071571 MW Grand Total: 796,914.49 Current Date: 12/11/2008 Report: OH_PMT_CLAIMS_BK Current Time: 09:26:20 ~I~ Rlct1.rd H. 5011me South Tahoe Public Utility District Directol'll Ernie Claudio Jame& R. JOtlH Mary Lou MoeDactw Dale F:JN 1215 M.-dow CrHt Olive · South Lake Tahoe · CA 96'50 Phone 530 544-6474 · Fax 530 541-0614 BOARD AGENDA ITEM 69 TO: Board of Directors FROM: MEETING DATE: Kathy Sharp, Clerk of the Board December 18, 2008 ITEM - PROJECT NAME: Election of Board Officers REQUESTED BOARD ACTION: Elect a Board President for 2009 Calendar Year DISCUSSION: This election is held in accordance with Board Policy 2050. The Board's Committees shall be appointed and publicly announced by the Board President at the December 30, 2008 Regular Board Meeting. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Policy 2050-1 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES----F---- NO CATEGORY: General -121- South Tahoe Public Utility District Board Policy Manual 2050.10 The annual organizational meeting shall take place the second meeting in December. At the annual meeting the Board shall elect a President and a Vice-President from among the members of the Board for the next calendar year. 2050.20 The President of the Board shall preside at all meetings of the Board, maintain order, review and approve the Board agenda prior to its publication, enforce the rules of the Board at all meetings, sign all bonds, notes, titles, and leases and other legal instruments ordered to be executed by the Board, appoint all standing committees, ad hoc committees, and all special committees, unless otherwise ordered by a majority of the Board. 2050.30 In case of the resignation, absence, or disability of the President, the Vice-President shall perform the duties of the President. In case of the absence or disability of both the President and Vice- President, the Board shall choose a President pro tempore, who shall perform all of the duties of the President. 2050.31 When the President disqualifies themself from participating in an agenda item or declares partisan in the debate on any item, the Vice President shall perform the duties of the presiding officer. 2050.40 The President shall have all the rights of any member of the Board, including the right to move, second, discuss, and vote on any and all questions before the Board. 2050.50 The President has the power to call Special Meetings and Emergency Meetings of the Board. Adoption Date: 04/01/93 Amended: OS/21/98 -123- ~.IMa~ Ricfulra H. SoIlIrig South Tahoe Public Utility District ~ Emfc ClatIlllIo J'"h4& R. ~ Mary Lou Mo6I:IACher DeRlee 1Z15 M.dow C.-tDrIve · South LskB Tahoe · CA 96150 Phone 530 544-0474. Fax 630541-0614 BOARD AGENDA ITEM 6h TO: Board of Directors FROM: MEETING DATE: Kathy Sharp, Clerk of the Board December 18, 2008 ITEM - PROJECT NAME: Election of Board Officers REQUESTED BOARD ACTION: Elect a Board Vice President for 2009 Calendar Year DISCUSSION: This election is held in accordance with Board Policy. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YEST- NO CATEGORY: General -125- Gm\tlral M~8l'l' Rictlard H. 5olbri9 South Tahoe Public Utility Di6trict Dlrector& El"I1Ie o.udlo J..m<<I ~. J()l1tl& ~ Lou Moel:ISCMr Dale Rlee 1276 Meadow CreetDrtve . South Lab Tah06 · CA 96160 Phone 550 544-6474 · Fsx e30 541-0614 BOARD AGENDA ITEM 14a TO: Board of Directors FROM: Richard H. Solbrig, General Manager MEETING DATE: December 18, 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 CHIEF FINANCIAL OFFICER: YES CATEGORY: Sewer NO NO -127- GtmerlII M.tnseer ~rd H. 501t1rie South Tahoe Publlc Utility District ~ Emle Claudio .u.me& R. JOMe Mary Lou MotIDachalr Dale RIfle lie 1215 M.aow Creet .Drfv6 . South u.k6 Tahoe. CA 96U50 Phone 530 544-6474 · Fax 630 641-0014 BOARD AGENDA ITEM 14b TO: Board of Directors FROM: MEETING DATE: Richard Solbrig, General Manager December 18,2008 ITEM - PROJECT NAME: Conference with Labor Negotiators REQUESTED BOARD ACTION: Direct negotiators. DISCUSSION: Pursuant to Section 54957.6(1) of the California Government Code, Closed Session may be held regarding contract negotiations. Agency Negotiators: Richard Solbrig, Board of Directors Employee Organization: STPUD Management Staff SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES-'!:/JJ--- NO CHIEF FINANCIAL OFFICER: YES~ NO ATEGORY: General -129-