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AP 08-04-11SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, August 4, 2011 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South. Lake Tahoe, California Richard Solbn • , General Mana • er Paul Sciuto, Assistant General Mana Dale Rise, President Chris Cefalu, Director BOARD MEMBERS James R. Jones, Director er Mary Lou Mosbacher, Vice President Eric W. Schafer, Director 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE 2. COMMENTS FROM THE AUDIENCE (This is an opportunity for members of the public to address the Board on short non - agenda items that are within the subject matter jurisdiction of the District. Five minute limit. No action can be taken on matters not listed on the agenda.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR 4. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately upon request. Comments and questions from members of the public, staff or Board can be taken when the comment does not necessitate separate action.) 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION / ACTION 6. PRESENTATION a. Award Government Finance Officers Certificate of Achievement for Excellence in Financial Reporting (President Rise) 7. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. Cathodic Protection Improvement Project Pg. 71 (John Thiel) Award Bid to the Lowest Responsive, Responsible Bidder (*Bid summary and recommendation will be made available at the District office, prior to, and at the Board meeting) b. Snowshoe /Millich Slope and Bijou Sewer Award Bid to the Lowest Responsive, Pg. 73 Relocates Responsible Bidder ('Bid summary and (Peter Lavallee) recommendation will be made available at the District office, prior to, and at the Board meeting) c. Payment of Claims Approve Payment in the Amount of Pg. 75 $3,015,008.49 REGULAR BOARD MEETING AGENDA - AUGUST 4, 2011 PAGE - 2 8. BOARD MEMBER STANDING COMMITTEE REPORTS (Discussions may take place; however, no action will be taken) a. Water & Wastewater Operations Committee (Jones / Rise) 9. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 10. EL DORADO COUNTY WATER AGENCY REPRESENTATIVES REPORT 11. GENERAL MANAGER REPORT(S) (Discussions may take place; however, no action will be taken.) a. Legal Service Provider for Human Resources (Richard So!brig) b. CALSTAR Insurance Information (Richard Solbrig) 12. STAFF / ATTORNEY REPORT(S) (Discussions may take place; however, no action will be taken.) a. Prosperity Project Update (Dennis Cocking) b. Billing Statement Modification Update (Tim Bledsoe) c. Board Op /Ed (Dennis Cocking) 13. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetings I Events 07/27/11 - ECC (Employee Communications Committee) Meeting 08/01/11 - El Dorado County Water Agency Special Board Meeting in Shingle Springs 08/01/11 - Water and Wastewater Operations Committee Meeting Board Election Nomination Period (July 18 - August 12) Future Meetings / Events 08/08/11 - 08/12/11 - CASA (California Association of Sanitation Agencies) Conference 08/10/11 - 10:00 a.m. - El Dorado County Water Agency Regular Meeting at District 08/12/11 - Board Election Filing Period Ends (Seat 3 Filing Period Extended to 08/17/11) 08/15/11 - 3:30 p.m. - Water and Wastewater Operations Committee Meeting at District 08/16/11 - 9:00 a.m. - Alpine County Supervisors Regular Board Meeting in Markleeville 08/18/11 - 2:00 p.m. - STPUD Regular Board Meeting at District 14. CLOSED SESSION (The Board will adjourn to Closed Session to discuss items identified below. Closed Session is not open to the public; however, an opportunity will be provided at this time if members of the public would like to comment on any item listed. Three minute limit.) a. Pursuant to Government Code Section 54956.9(a) /Conference with Legal Counsel Pg. 85 Existing Litigation re: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virginia ex rel. John Hendrix v. J -M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CV06- 0055 -GW, United States District Court for the Central District of California b. Pursuant to Government Code Section 54956.9(a) /Conference with Legal Pg. 87 Counsel - Existing Litigation re: Los Angeles County Superior Court Case No. BC459943, State of Nevada, et al. v. J -M Manufacturing, et al. 15. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16. ADJOURNMENT (To the next regular meeting, August 18, 2011, 2:00 p.m.) CONSENT CALENDAR AUGUST 4, 2011 ITEMS REQUESTED ACTION a. Golden Bear Water Meter Installation Project Pg. 1 (Chris Stanley) b. Mobile Reading Unit (MXU) Purchase Pg.3 (James Cullen) c. Remote Terminal Unit (RTU) Replacements Pg. 5 (Ross Johnson, John Boyson) d. ERB (Emergency Retention Basin) Project Pg. 11 (Julie Ryan) e. Water Tank Recoating Project Pg. 23 (John Thiel) Approve Contract with Substitute or Blue Ribbon for Four Temporary Employees, in the Estimated Amount of $50,000 (1) Authorize Exception to Bidding Procedures as Outlined in the Purchasing Policy for a Sole Source Purchase of Standardized Supplies; and (2) Authorize Purchase of Sensus MXU's from Western Nevada Supply, in the Amount of $51,384.38, Including Tax and Freight (1) Find Purchase of Motorola ACE 3600 Remote Terminal Units to be Excepted from Bidding, as a Standardized Item, Matching or Compatible with the District's Existing Equipment; and (2) Approve Purchase of Eight RTUs from Global Data Specialists, Inc., in the Amount of $36,338.88 Authorize Staff to Enter into an Agreement with the City of South Lake Tahoe to Accept Surplus Liner Removed from the ERB Authorize Task Order to Bay Area Coating Consultants for Coating Inspection Services, in the Amount Not to Exceed $37,200 f. LPPS (Luther Pass Pump Station) Standby (1) Approve Change Order No. 8 to Pg. 37 Power Generation Facility Sierra Nevada Construction Inc., in (Ivo Bergsohn) the Amount of $4,808; (2) Approve the Project Closeout Agreement and Release of Claims; and (3) Authorize Staff to File a Notice of Completion with the El Dorado County Clerk CONSENT CALENDAR - AUGUST 4, 2011 PAGE - 2 g. Alpine County Surveying Services - Alpine County Pg. 47 Monitoring Well Installation and Diamond Valley Ranch Irrigation Improvement Projects h. The Aspens at South Lake Tahoe Pg.55 (Paul Hughes) i. Utility Raising Associated with El Dorado County Pg. 65 Department of Transportation North Upper Truckee Paving (Paul Sciuto) j. Regular Board Meeting Minutes: Pg. 67 July 21, 2011 (Kathy Sharp) Accept the Cost Proposal from Tri State Surveying, LTD, to Complete Surveying Services, in the Amount of $6,800 (1) Authorize Board President to Execute the Fee Deferral Agreement with SLT Pacific Associates, a California Limited Partnership; and (2) Sign the Associated Promissory Note (1) Authorize Commitment of Reim- bursement to El Dorado County for Raising Manholes, Flushing Inlets, and Water Valves; and (2) Authorize Payment to the County for the Construction in the Estimated Amount of $33,900 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 of the meeting is retained for 30 days after minutes of the meeting have been approved. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public Hearings will not be called to order prior to the time specified, but may occur slightly later than the specified time. 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. Please provide the Clerk of the Board with a copy of all written material presented at the meeting. 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. *Backup materials relating to an open session item on this agenda, which are not included with the Board packet, will be made available for public inspection at the same time they are distributed or made available to the Board, and can be viewed 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 (i.e., 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 • 1274 Meadow Crest Drive • South Lake Tahoe, CA 96150 Phone 530.544.6474 • Facsimile 530.541.0614 • www.stpud.us South Tahoe Public Utility District General Manager Riohand K Salbrig Dlrecters .O isCetsdu JamesR. Jaaa Ma Lou Mookacher Wefts mss. 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 54A -6474 • Fax 530 541 -0614 • www.etpud.us BOARD AGENDA ITEM 4a TO: Board of Directors FROM: Chris Stanley, Supervisor Underground Repair Water MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Golden Bear Meter Installation Project REQUESTED BOARD ACTION: Approve contract with Substitute Personnel or Blue Ribbon for four temporary employees, in the estimated amount of $50,000. DISCUSSION: The District's Underground Repair Water crew will be installing meters in the Golden Bear area. Staff will be puffing together a four man crew consisting of two full time permanent employees and two temporary employees for this project. The remaining two temporary employees will fill the two permanent employee's position on the District's maintenance and repair crews. The temporary employees will be employed through October 15, 2011. SCHEDULE: As soon as possible COSTS: $50,000 ACCOUNT NO: 2001 -7093 BUDGETED AMOUNT REMAINING: Non - budgeted item. Staff will attempt to absorb the cost into the department budget. ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES /L . NO CHIEF FINANCIAL OFFICER: YES NO -1- CATEGORY: Water South Tahoe Public Utility District General Manager Riotm a H. SoWiq Directors .aeCAW Jam sR. Jones May Lae Moebadmr li , Eric e e 1275 Meadow best Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544- 6474 • Fax 530 541 -0614 • www.stpud.ue BOARD AGENDA ITEM 4b TO: Board of Directors FROM: James Cullen, Inspections Supervisor MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Mobile Reading Unit (MXU) Purchase REQUESTED BOARD ACTION: (1) Authorize exception to bidding procedures as outlined in the Purchasing Policy for a sole source purchase of standardized supplies; and (2) Authorize purchase of Sensus MXU's from Western Nevada Supply, in the amount of $51,384.38 including tax and freight. DISCUSSION: Staff needs to purchase a total of 378 MXU's to be installed at the current in house Golden Bear Meter Installation project. To ensure that all parts will perform with the District's electronic meter reading system, the District only purchases MXU's manufactured by Sensus (as authorized by the Board on May 21, 2009). Western Nevada Supply is the sole source supplier for Sensus in the area. SCHEDULE: As soon as possible COSTS: $51,384.38 (includes tax and freight) ACCOUNT NO: 2038 -8244 BUDGETED AMOUNT REMAINING: $55,000 ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES NO NO -3- CATEGORY: Water TO: South Tahoe Public Utility District General Mara -er Richard H. Solids Cituctas .Chris Cat* • Jame* ;Wows Mary LouMoeba:bar Dais Rise Erfc . 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544- 6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM 4c Board of Directors FROM: Ross Johnson, Manager of Plant Operations John Boyson, Electrical Supervisor MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Remote Terminal Unit (RTU) Replacements REQUESTED BOARD ACTION: (1) Find purchase of Motorola ACE 3600 Remote Terminal Units (RTUs) to be excepted from bidding, as a standardized item, matching or compatible with the District's existing equipment; and (2) Approve purchase of eight RTUs from Global Data Specialists, Inc., in the amount of $36,338.88. DISCUSSION: RTUs transmit and receive information from outlying facilities to the treatment plant Supervisory Control and Data Acquisition, (SCADA) system using the FM radio band. The Motorola ACE 3600 RTUs replace older Intrac units used in the water and wastewater systems. The Motorola ACE 3600 RTUs are Motorola's replacement for the MOSCAD RTU, which the Board of Directors standardized as the replacement for the Infrac RTUs in 2001. RTUs must be compatible with existing SCADA equipment used throughout District facilities. In 2001 and 2007, the Board authorized the purchase of RTUs from Global Data Specialists, Inc., who has experience with programming RTUs for use with the District's SCADA system. The maintenance of a consistent supplier for items that will be used in the District's SCADA system is preferred, as it limits the dissemination of the District's system codes. The District's Purchasing Policy exempts from bidding requirements the purchases of items that have been standardized by the District as well as when it is required or is economically preferable that an item match or be compatible with equipment presently on hand and the purchase will be made from the supplier who supplied the existing equipment. The first two installations of the RTUs will occur at Gardner Mountain and the Stateline Zone; others will follow on a to-be- determined basis. Ross Johnson August 4, 2011 Page 2 SCHEDULE: Immediate order with all eight installed by January 1, 2012 COSTS: $36,338.88 ACCOUNT NO: 1003 -8207; 2003 -8245 BUDGETED AMOUNT REMAINING: $18,000; $48,000 ATTACHMENTS: Price Quote CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES NO NO -6- CATEGORY: Sewer GLOBAL DATA SPECIALISTS 1815 W. First Ave., Suite 110, Mesa, AZ 85202 Phone: 480 -461 -3401 FAX: 480 -461 -3411 QUOTE: MDM04006A by Duane Moody 480 -461 -3401, Ext. 223, duane @gbl- data.com Expires 11- Oct -11 Quoted To: John Boyson Phone: 261 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Phone: 530 -544 -6474 FAX: 530 -544 -6359 July 13, 2011 Description Please find attached the quotation for the ACE3600 RTU equipment as per your request. Please note the following: 1. This quotation includes the equipment for 8 RTU's. Does not include any programming or Engineering Services. 2. Also included are I/O interface kit for the Mixed I/o module that GDSI created with mounting on a panel for wall mount or installation within a separate housing (delete housing cost from Materials section). This kit was created for the following issues. a. The maximum wiring guage for the terminals on the ACE3600 I/O modules is 18 ga. b. The relays in the DO and Mixed UO modules do not have a high capacity compared to the MOSCAD RTU's. As a result, interpose relays may need to be required. The interface kit includes 7 -10A relays to provide higher capacity relay s than those included with the ACE I/O modules. c. The terminals provided with the interface kit allow for easier installation and up to 12ga wiring. If you have any questions or need additional information please let me know. Best Regards, Duane Moody Sales Manager -7- Page 1 of 3 MATERIALS RTU's (With AO): $ 16,460.00 QTY Part No Description 0004 F7563 ACE3600 WITH CDM750136 -174 MHZ 0004 V103 ADD: 3 I/O SLOTS FRAME 0004 V228 ADD: 50X50 CM PAINTED METAL HOUSING Unit Price . Extended $ 1,800.00 $ 7,200.00 $ 70.00 $ 280.00 $ 300.00 $ 1,200.00 Includes a metal chassis and fits either the 6.5 Ah or the 10Ah battery. It does not include a padlock. 0004 V245 ADD: 16DI 4D0 EE 4AI + / -20MA 0004 V118 0004 V261 0004 V114 0004 V446 0004 V184 0004 FPN1653 $ 430.00 $ 1,720.00 $ 495.00 $ 1,980.00 $ 310.00 $ 1,240.00 $100.00 $ 400.00 $100.00 $ 400.00 $ 100.00 $ 400.00 ADD: 4 AO MODULE ADD: AC PS 85-264 V WITH BATTERY CHARGER ADD: 6.5 AH BACKUP BATTERY ADD: ACE CPU3640 ADD: PLUG -IN RS -232 PORT ASSEMBLY,POWER SUPPLY,24V PS PLUG IN KIT $ 75.00 $ 300.00 Provides floating 24V to the module TB. Fits DI, AI, Mixed I/O and Mixed AI/AO modules. The 32 DI module can hold up to two PS, all other modules just one PS. 0004 GD3572 -Mixed Mixed I/O Interface Kit $ 335.00 $ 1,340.00 RTU's (Without AO): $ 14,480.00 QTY Part No Description Unit Price Extended 0004 F7563 ACE3600 WITH CDM750 136 -174 MHZ $1,800.00 $ 7,200.00 0004 V103 ADD: 3 I/O SLOTS FRAME $ 70.00 $ 280.00 0004 V228 ADD: 50X50 CM PAINTED METAL HOUSING $ 300.00 $ 1,200.00 Includes a metal chassis and fits either the 6.5 Ah or the 10Ah battery. It does not include a padlock. 0004 V245 ADD: 16DI 4D0 EE 4AI + / -20MA 0004 V261 ADD: AC PS 85 -264 V WITH BATTERY CHARGER 0004 V114 ADD: 6.5 AH BACKUP BATTERY 0004 V446 ADD: ACE CPU3640 0004 V184 ADD: PLUG -IN RS -232 PORT 0004 FPN1653 ASSEMBLY,POWER SUPPLY,24V PS PLUG IN KIT -8- $ 430.00 $ 1,720.00 $ 310.00 $ 1,240.00 $ 100.00 $ 400.00 $ 100.00 $ 400.00 $ 100.00 $ 400.00 $ 75.00 $ 300.00 Page 2 of 3 Provides floating 24V to the module TB. Fits DI, AI, Mixed I/O and Mixed AI/AO modules. The 32 DI module can hold up to two PS, all other modules just one PS. 0004 GD3572 -Mixed Mixed I/O Interface Kit $ 335.00 $ 1,340.00 Spares: $ 2,190.00 QTY Part No Description Unit Price Extended 0002 F7502 ACE3600 MID TIER CPU 3640 $ 1,000.00 $ 2,000.00 CPU module only with on board RS -232 port , RS- 232/485 port and 10/100 Mbps Ethernet port. Up to two optional plug- in ports. 0002 FLN3696A PLG IN RAD PORT (GRI) $ 95.00 $ 190.00 TOTALS Materials Sub -Total $ 33,130.00 Materials $ 33,130.00 TOTAL $ 33,130.00 TERMS NOTE 1: All Engineering Services Will Be Quoted A Minimum Of Four (4) Hours Engineering Labor NOTE 2: Shipping Charges Are Not Included. Payment 100% Upon Receipt of Invoice, Net 30 Days. Delivery: TBD Upon Order Placement Validity: Quotation is valid for 90 days. The above quotation is based upon the information provided at the time of quotation. Global Data Specialists is not responsible for any information that is missing or incorrect. Any new information that is received after the quotation has been submitted may result in a revised quotation being issued to cover the costs of additional equipment or services as Identified. Shipment. FOB Global Data Specialists, Mesa, AZ. Warranty: The Motorola equipment is warranted for 1 year upon shipment for parts and labor. Non - Motorola equipment warranties are vendor specific and will apply. No additional warranties are expressed or implied. Warranty labor does not include the cost associated with any out of the office related travel or hourly time expenses and will be billed separately. Cancellation: 10% Penalty prior to 30 days of shipment, 25% Penalty less than 30 days prior to shipment. Note: Please reference quotation number on all correspondence. -9- Page 3 of 3 South Tahoe Public Utility District Generwi Manager Rlolued K Solbig . Ja Directors ft CA& me R. Jaw May Lou Mootadsr Dids Rise 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 4d TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: ERB (Emergency Retention Basin) Replacement Project REQUESTED BOARD ACTION: Authorize staff to enter into an agreement with the City of South Lake Tahoe to accept surplus liner removed from the ERB. DISCUSSION: Staff has been working with the City of South Lake Tahoe regarding an agreement under which the City will receive approximately 90,000 square feet of the HDPE liner which is currently being removed as part of the District's ERB project. The agreement, signed by the City, is attached. This agreement provides surplus liner to the City at no cost to either the District or the City, and relieves the District from any future responsibility for the surplus liner. The District will be responsible for cutting and stacking the liner in specified quantities; the City will be responsible for removing the liner from District property. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Agreement CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES , _ NO CHIEF FINANCIAL OFFICER: YES NO CATEGORY: Sewer RECORDING RESTED SY AND WHEN RECORDED, RETURN TO: City of South Lake Tahoe City Clerk's Office tea South Laite . Tahoe, CA 96150 11:8111M1 GAT Of TEMPORARY' EASES APN 026.0111.15 ERB LINER T AN&FER, nwampapreAnoN AND TEMPORARY RK HT 1W Ate. .MOUIRM nu ERE LIM TRAMPER, DUVEMPHECATIO19 AND TEMPORARY RIGHT QF.ArcEss , EEMt ` eAsreammin is matio d+ 2 TT coy of July 2811, by and between the South Tahoe Public Utility Mania, a Califamittpublin agency, teamed is 1930 Menem to laic Utility DtistrittAet Mgr*" and the OW of South Lake, ("City") (each individually a "Parte and collectively, the "Parties")„ in Staudt Lac Tahoe, Callibmia, with r e f e r e n c e to the fallowing facts and i n t e n t i o n s : ` A. The District maintains on amcgamoy retention haaht MB" "} for the entergeng storage attended and partially trrattad wmarenner mat, prior itt ha =pelt to the Distriers effluent aloof &Mks in Alpine Ow*, Californkt The BEE kr loaned .**ea'o the District's trict's vw tat r nettneent plant at do corner of Bieck Bat Ammo mid Pioneer Trail in unincorporated El Dorados County ( "'pen L The ERB is lined with the Diatrk% intends to replace during the 20 competitively bid the Liner removal and specif`rcatiom for the Project terms that will high dermitTpolyatItylote liner ("Liner"), which semen. The Markt has ant project C'Pr t") and has included in its it to carry ouj this Agreement C. City wider to reuse portions of *ilium-, MCC they have been removed from the ERB ("liner Portione) Pursuant to the teens of thin Agree District agrees to allow City to utilize the Liner Portions. D. The Parties agree to bear the costs ofremaval ofthe Liner from the BBB, preparation of the Liner Portions for City's use, and =oval of the Liner Portions from the Property as set forth in this Agreement. B. Pursuant to the terms of this Agreement, District agrees to allow City a temporary right of access to the Property for the removal of the Liner Portions from the Property. 1 00/627V000100146.4 -13- P. Pursuant to the terms of this Agreement, City agrees to release, defend, indemnify and hold the District harmless in connection with its removal of the Liner Portia ft :rm the Property and its tam of the Liner Portions thereafter. NOW, THEREFORE, the parties agree as follows: 1. 1.111441L44/11/Lbligilagi The District agrees to transfer ownership and --raag p t r4re-LinefRosttons t- City, pursuanttathetenueof is Sec Win. exasminiof "�......._ that Meat t';%tye Liiawar�. _ ..-._ for its Wed tha Lam' Portions, and 2) the quantity of than that City of S. Lake Tahoe accept Maxima. Quantity"). 1.3 Qturatity of Liner Portions, The District Will make agile, in the liam of Lunar I. *much of the Liner as the QuitlityStemlerdr, uP to the MOtehnMa Qu€entity.City. agrees to take as much of the Liner as meets tip. Quality Std ia. the amount p r o v i d e d , by the let up to the Maximum Quantity, such that no Liner Portions meeting the Qualky gander* are left by Chy at the Property. L3 Stackhig of Liner Portions. AS part of dm Project, the District will brass the peetins of the Limn meeting the Quality Staff eut itnostdps of dimensions of approximately 25 lbet by 40 feet. The District will lavo these Lio*r Portions stacked. secured on si. timignated nation of the Property. ' that the total area of the Liner Portkles that will be made aseilable to City wiN to approximately 90,000 scpaire feet The Dim mime no guarantee astotholinal area that watt* available to City, as the final total area of the Liner Portions is tadaa * uPon the portion of the Liner that meet City's Quality Standards. 1+4:3 Removal of Liner Portion front Pt" *, 1.4.1 Cfty will Remove Liner POP01116 Cat, or its repmsentritiaes contractors, wilt remove the stacked Liner Portions Property. L.4.2 Removal Period. City and its 'ves and contreettIM shall, patrsruutto the Temporary Right of Access dew • in section 2, tom, be allowed woes to the Property tt remove the Liner Portions during the period oUArty 37, 2011, through November 15, 2011 (the "Removal Period"). After the conclusion of ths Removal Period., City shall have no right to the Liner Portions remaining on the Ply and the poi may dispose of any Liner Portions remakting on the Property as it wishes. 1.5 Costs. The Parties will bear the costs of the transfer of the Liner Portions described in section 1.1 -1.3, above, as fellows: 007627t0008L'587186A 2 -14- 1.5.1 Costs Borne ky District. District epees to bear the costs of preparing the Liner Portions and stoking and securing the Lamer Portions on the Property. The District's payment of the such costs may be through its payment of Contractor as part of the Project. the Lim Portions from the Property, .eluding the costs of any pews:don of the stacked ----tinerftstrontfor removatittat-thigamperty, and-all a ens e - _ .. ..nbielitertrotititialkimilim '. City may - beTr 2.1 Grant of Tompornry Right of Access. District grants to City, its representatives and contractors, the tbilowfug temporary right of ac es*over, Cass through, within, and . acme he PrePerty rrempormy light of Access ") for ties following pu lose.: 2.1.1. Preparatitm ettl$er Portions for . City, its representatives and contactors awl have unrestricted wage along existing roadways of vehicles and pedestrians within, on, over and manse the P.ropearty , to carnation with the preparation efts Liner Portions for remenat front the Property', 2.1.2. Trionoportaikto aCUne ► Portion, off Property. ter, its representatives and use shall have access to the Propesty fi w the gal of the Lim Portions from the Property. 2.2 Reaseerd Opeerident. City, its representatives rs shall conduct its opts in ti* boa Liner Portions and retie Liner Patios nand* Property in a are and workmanlike manner and, upon the emertieticet of any such openniena, pax swim .a any lama aimed by removal operations, tss Frosided Jo this ant. The rentmal of the Liner Portions from the Property shill be performed in ao inra:uuir intenhod to the Property in a naturrd cant ion and free from secumulation of waft mattetiat or rubbish. City, its representative* i contractors shalt comply with ail icoeptlrentente of the District Tahoe Ragland mg Age permit for the Prey, ink the condition* of Attachment Q, Standard Conditions of dyad for Grading Permits. 2.3 Existing 8th The Temporary Right of Access is subject to all existing structures, Wig, pipelines, math, lanes, highways, elf:coital erasion facilities, telephone lines; and other existing structuars or improvements on tit Ptopeity. 2.4 Access to Property. Upon three (3) business days' notice of the intent to enter onto the Property, City, its representatives and contractors shall have the right of lnt and egress across the Property, as designated by the District for access to and purposes related to removal of the Liner Portions from the Property. Subject to weather bus on the Property, District agrees to maintain existing roadways through the Property in a passable condition. Nothing in this Agreement shall prevent or limit the District's rights to change access to the 00 74171000111587146.4 3 -15- Property as long as City, its representatives and contractors are provided other reasonably similar alternative means of access to the Property. The Parties shall work in good faith with one another, and their respective representatives and contractors, to determine mutually convenient days and times for entry onto the Property for -AhxdosksfaeinporarylikightefAesems‘AttiaTemposmOlghts‘Aoman shall include the Review:04*m &en July 27,-201-1 die miler oftheremovalof all Liner memeceetsiamitionakent, I Arrys,mitlirrri • • above. 3. EgilVlbirldiUklaklitillSUROkElatildliW City oolovalares and *pees, at its sole and exclusive cost and expense, to release, deltoid, indemnify and hold the District and its elected officials, &More consultants, contractor*, agents and employees, leurnless from and against any and all clehas, dementia, actions, mama of action, atteMeys' *es, expert witnesses *es, and all other costs and expenses of any kind or nature that ssise out of or in any way relate to City's actions in the removal from the Property, reuse or ulthaete dbposal of the Liner Portions after their removal from the Pmperty. This release,. indemnification and td harmless agmement shall apply to all liability arising frail, or related to t nenoval of the Liner Portions from the Property, bteitelitig, but not limited to, any injury sustained by City tepreamtatives or contractors on the Prosily during removal atm Liner Portions, except to the extent caused by dte District's active negligence or willful misconduct. Further, this mime, indemnification and hold harmless • western shall also apply to City's use or disposal of the Liner Patens after the removal Ikea tbr Properly. City agrees that upon removal of the Liner Portions from the Property, the Digest shall be released from any and all liability arising out of Cky's transportation or reuse of the Liner. The Parties agree that the above provisions shall be itttmpretod m h.vor of the District, and that the District shall be afferded the nuethunnt degree of indennrifteation es may be reasonably inferable front the language used herein that Is available at law. 4. fiSilinalettragns 4.1 Recitals. The recitals sailed at the beginning of this Agreement of any matters or facts shall be conclusive proof of their truddbinees and the terms and conditions of the recitals, if any, are ineotporated by this reference and deemed a part of this Agreement 4.2 Cooperatto'n. The Patties shall, whenever and as often as reasonably requested to do so by the other Party, execute, aelatowledge and deliver or cause to be executed, acknowledged and delivered any and all downy:WS and instruments as may be reasonably necessary or proper to carry out the intent and putposes of this Agreement, provided that the requesting Party shall bear the cost and expense of such further instruments or documents . 43 Authority To Execute. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform alt 4 0076271000A587146.4 -16- acts required by this Agreement, and that the consent, approval or execution of or by any third party is not required to legally bind either Party to the terms and condition, of this Agreement that the 44 Remedies:, The Parties agree that irrepsodebs chomp would occur and would not have an 4 remedy at law In the event that any of the provisions breached. The Pnrtits shell be entitled to all forms of equine& relief, including restraining _ - bond in emootion with obtaining-any equittelski-sedier. No--tosisely. is =elusive but shall, wherever possible, be deemed cumulative with all other remedies at •low or in equity. 45 Construction. The 'ravish= of this Agreement should be liberally construed to efforts* he purposes. The blast:age of all parts of this Agreement shall be construed shmely onsording to its plain musing end shall not be constrited for or against either Party, u each Patty has participated in tix drafting of this document and hod the opportunity to 'WM their cm NI MOM it. Whenever dto context and constmetios so requires, all words used is the absepiar shall be deemed to be used in the plural, alt mad= shag include the feartinine asd neUtert Old vicr * versa. 44 N All notices, approvals, receeprrnees, demands and other ammemioatione required or peen/Med he, to be effective shell be in writing and shall be dedivered either in pews= or by mains dna anso by United Slam mil (postage prepaid, mita= or eertified„ rotorn remeipt requested) or by Federal Eames or other similar overnight delivery service to the Nifty to whom the notice ie directed at the address of such Party as follows: District; City: Richard Sari& General Manager South Taboo Publie Why District 1215 Wars Cost Drive South Lae TAM CA g6150 City of South Lake Tahoe 1052 Tate Lane South Lake Tehoe, CA Any written conumudernion given by mail shall be deemed delivered two (2) business days after such mailing date and any written communicatke even by overnight delivery service shall be deemed delivered one (1) business day after the dispatch ate, Either Party may change its address by giving the other Party written notice of its new address as herein provided. 4.7 Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, lewd representatives, successors and assigns. 00762A000111187146.4 5 -17- 411 Governing Law. The validity and intenyetation of this Agreement shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue fbr all purposes to be proper only iu the County of El Dorado, State of California. t is dew to ire unenforceable by a court of .cmnpetent jurisdiction, it is the _ ar i 4.-I0._ ,A rs asp!- Fees. If any: saw- -r_la c_.or. equity, incl. g. _. aetker for declaratory relief is brought to enforce or hantraret the provisions of this Artesneai, the prevailing' panty shall be entitled to recover actual attorneys' fees which may be deterntined by t court in the same aetiott or in a separate brought for that p . The attorneys' fees to be awarded shell be made to fully rep for all a s1' f . paralegal hes, Costa and expenses actsally hemmed in good faith, regardless oldie size of the judgment, it leis the intentlec of the patios to NV compensate fir all Mays` mss, paralegal fen, costs and expenses paid or armed in good faith. 411 Connterparts. This Agreement mity be executed in any number of counfirparts, each of which asball be an original, but all of wirkb shall constitute one and the see Agmement. This Agreement shall not be +skive emit the and &limy between each of the pastim a at lest one set of caunierpaarts. 413 Amendment. Parties agree that the tonne and maims of the AgreemeM may be reviewed or oared at any tip. Any modifications to this Agreement howler, std be abotive only when agreed to in writhag by both Pieties. 413 Garai Faith. The Parties agree to exercise their best efforts and utmost - good faith to officinal. ell the tennai and conditions of this Agreement and to execute such Rather instruments and tiemanents as are necoasaay or wpm** to mate all of the tents mid coadidons of this Arnt. 4.14 'sue. The waiver of any bad of any provision data Agreemoot by any Party to this AgreeMent shall not be deemed to be a waiver of any proofing or SOI,SeClUtnt bra under the Armor* or shall any waiver conetitute a eontinuing vat. No waiver shall be binding unless eXecuted in writing by the Patty making the waiver. 4.15 Entire Agreement and A>andment. This Agreement contains the entire understanding and agreement of the Parties and there have been no promisoes, agents, warranties or .undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the party to this Agreement and by no other means. Etteh Party waives their fiaturo right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement course of conduct, waivier or estoppel, 62/V300t45137146.4 6 -18- IN MIMS WHEREOF, the partite have executed this Agreement as of the date first stated above. South trt By Kathy Shop, Clerk of the Board/ 007462719Q0 $7146A 7 -19- ALL PURPOSE ACKNOWLEDGMENT State of Cardbmia ) ) r-courarorrzunntoo) ---21)117:- • 77-77=2#11-utiewirritir=ar.-_ 0.4 --tlatmsithio-inatnunent and, acknowtedaglAimethat heccutttI e samek histfheelbsir authorized capacity*** and that by hiathenfthair signature(o) on the tot the pason(s), or the entity upon behalf of which the person* slated, executed the hwtrument. I certify older PENALTY OP PitRSURY underthe htwa dike State of California thwt the *awing paragraph is true and correct. WNW my hand and official sett OC(762OOXOSITI-46:4 (Seal) - 2 0 - CifoRTIFICATE OF ACCEPTANCE FOR GRANT OF TEMPORARY EASEMENT ant Cam' Boum LAKE TAHOE OUIZEATILMACCIVIAKA This is to certify that the interest in real property mimed Gaunt ofTemparary Ermonent dated JUIy 27, 2011, from the $e Tahoe Pub lk Utility District At Miyake, to the City of South Lake Tahoe, a California gemend law ("Grantee"), is hereby aceeptoi by the uralsaigned caws on behalf of the Civ Council, pursuant too authority o nf'en d by Resolution of the City 0=4 adopotd on the 1I day of App 1972, and to meordstion thereof by its duly cater, Dated t1 "day of July, 2011. UM, CITY MANAGER CITY • ` ' H LAKE TAHOE ATTEST: etieve-- youth Tahoe Public Utility District General Manager Richard K ScMnit Directors .CMsCeialu James R.Jones May Lou Moellacher Oils Rise Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96154 -7401 Phone 530 54+6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM 4e TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Water Tank Recoating Project REQUESTED BOARD ACTION: Authorize Task Order to Bay Area Coating Consultants for coating inspection services, in the amount not to exceed $37,200. DISCUSSION: The project includes coatings work on the H- Street, Lookout, and Iroquois No. 2 tanks. Blastco has recently been awarded the contract. Staff is proposing to have Bay Area Coatings Consultants (BACC) provide the onsite inspection work for the following reasons: 1) Coatings inspection work is a specialty and staff recommends the use of a NACE 3 certified inspector (from BACC) that staff expects will result in a superior coating product; 2) Engineering inspectors are working at full capacity on other projects; and 3) Staff has secured funding from the El Dorado Water Agency to pay for this outside inspection work - District time is not eligible for payment or reimbursement under the current agreement. The inspection work is to be completed from approximately August 8, 2011, to October 3, 2011, while Blastco is on site. The attached proposal from BACC provides additional detail. SCHEDULE: Begin upon Board approval. Completion: October 2011. COSTS: Not to Exceed $37,200 ACCOUNT NO: 2029 -8261 BUDGETED AMOUNT REMAINING: $591,808 (2011 /12) ATTACHMENTS: Proposal from Bay Area Coating Consultants John Thiel August 4, 2011 Page 2 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES 114 NO CHIEF FINANCIAL OFFICER: YES NO -24- CATEGORY: Water July 21, 2011 John A. Thiel, P.E., M.B.A., Principal Engineer South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Subject: RFP Coating, Inspection Services for the 2011 Water Tank Recoating Project Dear Mr. Theil: We are pleased to present this proposal to perform coating inspection and testing services for the coating and lining of three water storage reservoirs located in South Lake Tahoe, California. We have reviewed the available information, and discussed the requirements with you as a basis for this proposal. The purpose of our services would be to assist District in completing the contract requirements established by the District. Bay Area Coating Consultant Services, Inc. will provide coating and lining inspection services, and client liaison for project. BACC inspectors are NACE Certified inspectors. BACC is the only totally independent inspection company working with owners only. Bay Area Coating Consultants, Inc. (BACC) will provide a National Association of Corrosion Engineers Level III Certified Coatings Inspector for the coating work. BACC has extensive knowledge in the application and testing of plural component urethanes and Enduraflex 1988. BACC has never experienced a coating or lining failure over our twenty-two year history. We have worked very closely with Mr. Dick Vass (President/Enduraflex) over the years on numerous projects, and are a preferred inspection company for Enduraflex. BACC has five Endura flex 1988 projects going on this month, City of San Leandro, City of Napa, Ora Loma WWTP, Alameda County Water District, Union Sanitary District and the City of Fairfield. BACC Principal Consultant Ed Darrimon will assist the District Engineering staff with project consulting, Corporate: 1- 888 - 3846839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 www.bayareacoating.com Coating and Lining Inspection Services Since 1987 Member: API-AWWA-NACE-SSPC-ASTM -25- a • _ ' J: I J14I 1C • _l' �1 proper product selection, surface preparation, and failure analysis as needed. Our site inspector will be responsible for the day to day quality assurance and to interface with District's Engineer's representative. B.A.C.C. will furnish all state of the art inspection equipment, photographs, and daily reports. Our inspection services cover Cal / Fed OSHA requirements, disposal requirements, surface condition, abrasive blast cleaning, and coating application. B.A.C.C.'s extensive experience in the coating and lining of facilities gives in -depth knowledge to understanding of the Contractor's activities, allowing us to identify areas of concern or discrepancies on an on -going basis. B.A.C.C.'S knowledge will aid in identifying key milestones for action required by the District, and B.A.C.C. Inspection team in the completion of the project. Bay Area Coating Consultant Services, Inc. will provide independent inspection; and consulting services, we provide inspection services for Engineering firms and Facility owners only. BACC was established in 1987. Our philosophy has been, we view each project as if it was our own structure and spending our own money. We are a small firm which allows us total involvement and communication with our inspectors. We have Nextel phones which keep us in daily contact with our inspectors. When our clients, have used our specifications or input we have never had a cost over run or a change order. We have never had an OSHA recordable injury. Our inspectors are provided with state of the art inspection equipment and training classes annually. BACC has completed hundreds of projects and has total client satisfaction. We send out a survey letter after the completion of each project, and have never had a complaint. BACC has completed thousands of Inspection and Consulting projects through out the United States. Our principle consultant Ed Darrimon was employed by East Bay Municipal Utility District for eleven years in the Engineering & Maintenance Departments as Supervising Coating Specialist. Mr. Darrimon designed and developed the Districts physical coating testing lab and rehabilitation program. Mr. Darrimon was responsible for overseeing the following projects: * Coating and lining inspection. * Coating specifications. * Design of the physical coating testing lab. * Established the Districts rehabilitation project of over one - hundred and eighty steel water storage tanks, and two hydro - electric powerhouses. Mr. Darrimon also was employed in the coating application field as Vice President of Field Services and Quality Control for an eight year period. Ed then formed B.A.C.C. in 1987 and has twenty -two years experience in the Coatings & Linings Field Corporate: 1- 888- 384 -6839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 www.bayareacoating,com Coating and Lining Inspection Services Since 1987 Member: API - AWWA - NACE - SSPC -ASTM —26— . 41 JIM'.. .:..• . , B.. _ I. 14 ' 7111: Accomplishments STEEL STRUCTURES PAINTING COUNCIL: (S.S.P.C) * National Board of Directors from 1988 -92. Re- elected in 1992 to serve second four year term. * National award 1989 for Outstanding Chairman. * Past President and Founder of the first S.S.P.C. chapter in the U.S.A NATIONAL ASSOCIATION OF CORROSION ENGINEERS: (N.A.C.E). *Past Chairperson / Bay Area Section, Certified Level III Inspector #601 AMERICAN WATER WORKS ASSOCIATION: (A. W. W.A) * Member National D -100 Standards Committee (20 years) * Cal/Nev Corrosion Committee. * Cal/Nev past Vice Chairman Maintenance Committee. Mr. Darrimon has presented numerous talks to the following Organizations: A.W.W.A., N.A.C.E., & S.S.P.C. on the following topics: Tank linings, Tank inspection, Specifications, Abrasive blasting, & proper use of D.H. equipment. Mr. Darrimon has received extensive training in the following areas: 1987 National Association of Corrosion Engineers Level III Certified Inspector #601 1988 Estimating Painting and Protection Cost. Baltimore, Maryland 1988 Inspection Instruments. Baltimore, Maryland 1989 Application Techniques. Houston, Texas 1989 Plant Maintenance Surveying. Houston, Texas 1989 Water Storage Tank Design & Construction. L.A., California 1990 Design of Coating & Linings. Oakland, California 1990 Val Spar Paint School. Pomona, California 1990 & 1993 Lead Removal Training. Long Beach & S.F., California 1990 Failure Analysis. Nashville, Tennessee 1991 Industrial Hygiene. Long Beach, California 1992 Construction Project Administration. S.F., California 1993 P.D.C.A. Lead Removal Training. Salt Lake City, Utah 1994 OSHA Lead Instructor. S.F., California 1995/98/2000/2002 /04 BAT Training, Concord, Ca Corporate: 1- 888 -384 -6839 Bakersfield Office: 1-661-836-5799 Fax: 1- 661 -832 -2210 www.bayareacoatingg,com Coating and Lining Inspection Services Since 1987 Member: API -AWWA- NACE- SSPC -ASTM -27- Page Four Proposal SOUTH TAHOE PUBLIC UTILITY DISTRICT Bay Area Coating Consultant Services, Inc. ORGANIZATION CHART Ed Darrimon Principal Consultant/President Danielle Darrimon Office Manager Linda Turner Secretary /Accounting Full Time Inspectors All employees are re- certified on a annual basis on Confined Spaces, Scaffolding, Lead. Fit and Respirator Testing Ed Darrimon/Principal John Golding/In House Q/A Dale Nicholson/In House Safety NA. GE. Certified Inspector N.A. C. E. Certified Inspector N.A. C.E. Certified Inspector BACC Employed 22 years BACC Employed 18 years BACC Employed 6 years In Industry 30 years In Industry 29 years In Industry 18 years Paul Andrews A.S. T. M. /A WS-GWI Inspector BACC Employed 10 years In Industry 28 years Todd Whittenburg N.A. C.E. Certified Inspector BACC Employed 7 years In Industry 25 years Mark Prestera NA.C.E. Certified Inspector BACC Employed 9 years In Industry 25 years Javan Cohan N.A. C.E. Certified Inspector BACC Employed 6 years In Industry 20 years Tom Neeling N.A. C.E. Certified Inspector BACC Employed 8 years In Industry 25 years Tim Golding N.A.C.E. Certified Inspector BACC Employed 10 years In Industry 20 years. David Wells N.A.C.E. Inspector BACC Employed 5 years In Industry 15 years Dave Hobart N.A.C.E. Inspector BACC Employed 12 years In Industry 22 years Austin Darrimon NA.C.E. Certified Inspector BACC Employed 3 years In Industry 2 years Bay Area Coating Consultants Inspectors are N.A.C.E. coating inspectors, with an average of twenty years experience in the corrosion and coating industry. Corporate: 1- 888 - 384 -6839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 www.bayareacoating.com Coating and Lining Inspection Services Since 1987 Member: API -AWWA- MACE - SSPC -ASTM -28- 111; _� EXAMPLE OF PROJECTS IN 2007/2009 Wastewater City of Hayward: Wastewater (Consulting & Inspection) City of Fairfield: Wastewater (Consulting & Inspection) City of Fresno: Wastewater (Failure Analysis, Consulting & Inspection) Annual Contract City of Tulare: Wastewater (Consulting & Inspection) City of Visalia: Wastewater (Failure Analysis, Consulting & Inspection) Annual Contract City of Benicia: Water and Wastewater five tanks (Inspection, Underwater & Consulting) City of Chico: Wastewater (Failure Analysis, Consulting & Inspection) County of Sacramento: Wastewater misc. (Consulting, Specifications & Testing) Union Sanitary District: Wastewater misc. (Inspection Consulting. Inspection) Shanghai, China: 17 Storage tanks (Inspection, Consulting, Training) Delta Diablo Sanitary District: Misc. Tanks and piping (Plant Survey, Specifications, Inspection) Cambria Community Services District. Five steel digesters (Consulting & Inspection) City of Watsonville: Wastewater misc. (Inspection Consulting. Inspection) City of Daily City: Wastewater misc. (Inspection Consulting. Inspection) City of Paso Robles: Wastewater misc. (Inspection Consulting. Inspection) Truckee Meadows/City of Sparks: Misc. Projects (Lining Inspection & Consulting) Annual Contract City of Millbrae: Wastewater misc. (Inspection Consulting. Inspection) City of Modesto: Wastewater misc. (Inspection Consulting. Inspection) Ora Loma: Wastewater 4 Digesters. (Inspection Consulting. Inspection) City of Noveto: Wastewater misc. (Inspection Consulting. Inspection) Reservoirs Dublin/San Ramon Services District: Eight Tanks (Inspection) Annual Contract Sacramento Municipal Utility District: Penstocks (Inspection) City of Foster City: Three 4.0 mg. Tanks (Specifications, Inspection & Underwater) County of Sacramento: Misc Projects (Specifications, Inspection) Annual Contract City of Folsom: Two 2.0 mg. Tanks (Specifications, Inspection & Underwater) County of Napa: One 1.0 mg. Tanks (Specifications, Inspection & Underwater) Soquel Water District: Eight tanks (Inspection, Specifications, and Failure Analysis) City of Sacramento: Six 3.0 mg. tanks (Specifications and inspection) Lead Annual Contract Alameda County Water District: Five water tanks (Inspection, Consulting) City of Benicia: Five tanks (Inspection, Underwater & Consulting) City of Fresno: Misc. tanks (Failure Analysis, Consulting & Inspection) Annual Contract City of Ceres: One water tank (Coating Inspection) City of Millbrae: Two water tanks (Lead and Coating Inspection) City of Brisbane: Three water tanks (Coating Inspection) City of Paterson: Two tanks (Inspection) Humbolt Community Services District: Three tanks (Underwater & Inspection Lyons County: Three Tanks (Inspection, Failure Analysis) City of Hanford: Five Tanks (Consulting & Inspection) Annual Contract Central Water District: Three tanks (Inspection Lead Class III) City of Dixon: Two water tanks (Consulting & Inspection) City of Avenal: Two water tanks (Inspection) Contra Costa Water District: Three tanks & Pumping Plants (Consulting & Inspection, Failure Analysis) City of San Francisco: 350,000 Sq./Ft Concrete Coating (Consulting & Inspection) Annual Contract City of San Francisco: Hetch Hetchy Pipeline (Failure Analysis, Inspection) Redwood City: Five Tanks (Coating, Underwater, Specifications Inspection) Corporate: 1- 888 - 384-6839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 www.bayareacoating.com Coating and Lining Inspection Services Since 1987 Member: API -AWWA- NACE - SSPC -ASfM -29- Pare Six. Proposal South Tahoe Public Utility District City of Lodi: Four tanks (Consulting, failure analysis, and inspection) Cal American Water Company: Six tanks (Consulting, failure analysis, and inspection) Zone 7: Two Reservoirs and WTP tanks (Consulting, failure analysis, and inspection) City of Lodi: Four tanks (Consulting, failure analysis, and inspection) City of Turlock: Two water tanks (Inspection) Eneineerinr Firms Jacobs Engineers: Water treatment & 72" Pipelines (Consulting/Inspection) Parsons Engineers: Water treatment plant (Inspection) Carollo Engineers: 20 water tanks, Misc. treatment plants (Inspection & Consulting) Annual Contract Montgomery Watson Engineers: Three 3.0mg Water tanks (Consulting and Inspection) Kennedy Jenks Engineers: Water tanks (Inspection Consulting) Camp, Dresser, Mckee Engineers: Three tanks (Coating & Underwater Inspection) Black & Veatch Engineers: Five water tanks (Inspection & Consulting) Dames&Moore: Three tanks (Inspection) V &A Engineers: Five tanks (Inspection) Annual Contract Psomas: Two tanks (Specifications, Inspection) West Yoast: Three tanks (Specifications, Consulting, and Inspection) URS: Pipelines, Wastewater treatment plants (Specifications, Consulting, and Inspection) HDR: Wastewater treatment plants, Water tanks (Specifications, Consulting, and Inspection) Petrochemical/ Enemy ChevronTexaco, U.S.A. Exploration: Misc. Projects (Inspection & Consulting) Annual Contract ChevronTexaco, U.S.A. Refining: Misc. Projects (Inspection & Consulting) Annual Contract ChevronTexaco, U.S.A. Marketing: Misc. Projects (Inspection & Consulting) Annual Contract Valero, Corp,: 34 tanks (Consulting, and Inspection) Annual Contract Pacific Energy: 400,000 Sq/Ft Structural Steel (Consulting & Inspection Tosoro, Corp.: 15 tanks (Consulting, and Inspection) Shell, Corp.: 5 tanks (Consulting, and Inspection) AREA Energy: 3 tanks (Consulting, and Inspection) Annual Contract Calpine, Corp.: 8 Energy Facilities (Inspection & Consulting) Annual Contract Turlock Irrigation District: 1 Cogen Energy Facilities, Penstocks, dam gates (Specifications, Inspection & Consulting) Annual Contract Small Business BACC is certified with the following agencies: State of California: Micro SBA #61256 Corporate: 1- 888 -384 -6839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 www.bayareacoating.com Coating and Lining inspection Services Since 1987 Member: API - AWWA -MACE- SSPC -ASTM —30— REFERENCES CITY OF SAN FRANCISCO MONGKOL MARVONGTAKUL, P.E. 875 STEVENS STREET SAN FRANCISCO CA. 94103 (415) 551 -4890 Fax (415) 551 -4877 PROJECT: NURMEOUS PROJECTS FOR THE PAST 15 YEARS. FAILURE ANALYSIS, COATING, AND LINING INSPECTION BACC has completed numerous projects for the City of San Francisco over the past 15 years. BACC has provided coating and lining inspection, failure analysis, coating surveys and consulting. BACC has completed the following project types for the City, reservoir linings and coating inspection, pipeline inspection, inspection of penstocks and water and wastewater treatment plants and failure analysis. Six steel tanks CITY OF SACRAMENTO BILL ZENHENDER / ENGINEERING /CONSTRUCTION. MANAGER 1395 35m AVENUE SACRAMENTO, CA. (916) 808 -1411 FAX (916) 808 -1497 PROJECT: REHAB. SEVEN 3.0 MG WATER TANKS / SPECIFICATIONS, COATING AND LINING INSPECTION. BACC has been providing Inspection, Consulting and Specifications for over eight years. BACC has written the specifications on seven 3.0 MG. Steel Reservoirs. BACC has provided the inspection on all the Reservoirs. The City has not experienced a change order or a failure on any of the projects. SOQUEL CREEK WATER DISTRICT TAJ DUFOURENGINEERING MANGER 5180 SOQUEL DRIVE SOQUEL, CA. 95073 (831) 475 -8500 FAX 831 -475 -4291 PROJECT: NINE TANKS/ FAILURE ANALYSIS, COATING, LINING INSPECTION, AND CONSULTING. BACC has been providing failure Analysis, Specifications, Inspection and consulting services on a yearly basis for over eight years. The District has not experienced a cost overrun or failure since employing BACC. 9 steel tanks Corporate: 1- 888 -384 -6839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 www.bayareacoating.com Coating and Lining Inspection Services Since 1987 Member: API-AWWA-NACE-SSPC-ASTM -31- Pace Eieht Proposal South Tahoe Public Utility District EL DORRADO IRRIGATION DISTRICT TIM SULLIVAN, P.E. 2890 MOSIQUITO ROAD PLACERVILLE, CA. (530) 622 -4513 Fax (530) 622 -8597 PROJECT: NURMEOUS PROJECTS FOR THE PAST EIGHT YEARS. FAILURE ANALYSIS, COATING, AND LINING INSPECTION BACC has completed numerous projects for the District over the past eight years Annual Contract). BACC has provided coating and lining inspection, failure analysis, coating surveys and consulting. BACC has completed the following project types for the District: Reservoir linings and coatings, and water and wastewater treatment plants and failure analysis. Ten steel tanks RACHEL MARTIN AIP REESIDENT ENGINEER CONTRA COSTA WATER DISTRICT PO Box H2O I CONCORD, CA 1 94524 PHONE: 925 - 626 -3202 FAX: 925 - 626 -3209 BACC has completed numerous projects for the District over the past ten years. BACC has provided coating and lining inspection, failure analysis, coating surveys and consulting. BACC has completed the following project types for the District: Reservoir linings and coatings, and water and water treatment plants and failure analysis. Three steel tanks PROJECT APPROACH BACC is a local firm that has been doing inspection work in Northern California/Nevada for over twenty -two years. It is very important to have a local firm which has a good understanding of annual weather conditions as they can change from different areas in the State. The local firm has a good rapport with local Area Air Management Districts, having full understanding of local laws and regulations. Each BACC inspector is equipped with state of the art testing and inspection equipment and Nextel phones to stay in contact with Ed Darrimon on a daily basis. Our in house Quality Assurance inspector random selects inspector's sites to audit. The Inspector, project paper work, work standards, and industry standards are reviewed with the Q/A inspector to insure the inspector is meeting BACC in house standards. BACC inspectors receive the specifications prior to the start of work; they are required to highlight the specification for quick reference. BACC provides the inspector with current Data sheets and MSDS sheets; every project is reviewed by Ed Darrimon and the site inspector. Our Inspectors are fully prepared at the start of each project. Corporate: 1- 888 - 384 -6839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 www.bayareacoating.com Coating and Lining Inspection Services Since 1987 Member: API -AWWA- NACE - SSPC -ASTM -32- 11 7 !..1f _VA Y The following are a sample of the key inspection items that are followed and are documented by the BACC inspector. 1. SCOPE OF WORK: (ASTM 3226) (a) REVIEW OF SPECIFICATIONS (b) ATTEND ON -SITE FAMILIARIZATION SESSION (c) DOCUMENT PRE SITE CONDITIONS 2. SURFACE CONDITION (a) CONDITION OF EDGES, WELD SPLATTER (b) GREASE OIL, OR BOTH (c) PROTECTIVE COVERINGS IN PLACE (d) AIR TEMPERATURE (e) SURFACE TEMPERATURE (f) DEW POINT, R/H (g) WIND DIRECTION, VELOCITY (h) VISIBLE MOISTURE 3. BLAST CLEANING (a) TYPE AND SIZE OF ABRASIVE (b) SURFACE CONTAMINATION- SULFATES, CHLORIDES (c) CLEAN AND DRY ABRASIVE (d) COMPRESSED AIR CHECK / WHITE BLO1 IER (e) NOM .F. AIR PRESSURE / PRESSURE GAUGE 4. SURFACE PREPARATION (a) DUST AND ABRASIVE REMOVAL / VISUAL OBSERVATION (b) DEGREE OF CLEANLINESS / S.S.P.C. /N.A.C.E. STANDARDS (c) PROFILE MEASUREMENT /TESTEX TAPE (d) MAGNETIC BASE READING 5. COATINGS AND LINING APPLICATION (a) TIME FROM SURFACE PREPARATION TO APPLICATION / RECORD (b) COATING VISCOSITY / DRIP TYPE (c) COMPRESSED AIR CHECK / WHITE BLOTTER (d) PROTECTIVE COVERINGS IN PLACE / VISUAL (e) TIME APPLICATION BEGAN / RECORD (f) CONTINUE TO MONITOR TEMPERATURE AND HUMIDITY CONDITIONS (g) RECORD BATCH NUMBERS AND MIXING PROCEDURE (h) INDUCTION TIME OBSERVED (I) PROPER THINNING (j) FILM THICKNESS / WET (k) RE -COAT TIMES OBSERVED (1) INER -COAT CLEANLINESS (m) FILM DEFECTS, RUNS, SAGS, DRY SPRAY, VOIDS ECT. (n) RATIO AND HARDNESS TESTING 6. FINAL INSPECTION (a) DRY FILM THICKNESS / READINGS SSPC PA -2 Corporate: 1- 888 - 384 -6839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 Coating and Lining Inspection Services Since 1987 Member: API -AWWA- NACE - SSPC -ASTM -33- pane Tea Proposal South Tahoe Public Utility District (b) HOLIDAY INSPECTION / NACE RPO 188.88 (c) SOLVENT TEST / HARDNESS TEST / TOTAL CURE (d)CLOSING WRITTEN REPORT, PHOTOGRAPHS, CONTRACTOR SUMMARY. Experience has shown us much more emphasis has been placed on the details concerning the start of a project than the completion. As the Site Inspector, B.A.C.C. will work to establish the procedures for a final project acceptance and close out with both the District and the Contractor. Each party associated with this project has specific responsibilities for its successful completion. Fees and Payment Schedule BACC will provide daily written reports, photographs, all test equipment, and a closing reports ccr» We are basing our estimate on 55 days. When we have worked for the District with past projects we have rented a small cabin to cut cost of use of a hotel. Ins ection Estimate 440 Hours $30,800.00 Hrs. $0.00 55 $3,000.00 . $0.00 $33,800.00 Total: $33,800.00 Labor Rate: $70.00 Per Hour Over Eight Hours & Holidays: 97.50 Per Hour Sub: $0.00 per day Airfare: Billed @ Cost Estimated $0.00 Hotel: Billed @ $1,200.00 per month Car Rental: $0.0 Eight Hour Minimum Day. Please call if you have any questions or, if you want to further discuss the information contained in this proposal. Respectfully submitted by, Bay Area Coating Consultants, Inc. Ed Darrimon President/Principal Consultant Corporate: 1- 888 - 384 -6839 Bakersfield Office: 1 -661- 836 -5799 Fax: 1-661-832-2210 www.bayareacoating.com Coating and Lining Inspection Services Since 1987 Member: API -AWWA- NACE - SSPC -ASTM -34- Corporate: 1- 888 - 384-6839 Bakersfield Office: 1-661-836-5799 Fax: 1-661-832-2210 www.bayareacoating,com Coating and Lining Inspection Services Since 1987 Member: API-AWWA-NACE-SSPC-ASTM —35— South Tahoe Public Utility District Richard H. With; Director* .Gaisfarshi James It Jonas May t eu Mosbadiar Dill Rbe 4fcsdudar 1275 Meadow Crest Drive • South Lake Tahoe • CA 961504401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.ue BOARD AGENDA ITEM 4f TO: Board of Directors FROM: No Bergsohn, Hydro-Geologist MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Luther Pass Pump Station (LPPS) Standby Power Generation Facility REQUESTED BOARD ACTION: (1) Approve Change Order No. 8 to Sierra Nevada Construction Inc., in the amount of $4,808; (2) Approve the Project Closeout Agreement and Release of Claims; and (3) Authorize staff to file a Notice of Completion with the El Dorado County Clerk. DISCUSSION: The itemized parts of Change Order No. 8 are as follows: Item 1, in the amount of $4,808, is for added re- vegetation costs to comply with TRPA permitting requirements. Re- vegetation of areas disturbed by construction was completed by the contractor in October 2010, as part of work activities to winterize the site. Inspection of the re- vegetated areas in June 2011, indicated that the hydro - seeding completed in 2010 was not adequate and that additional land preparation work was required for successful re- vegetation to satisfy the TRPA requirements. In order to provide the best conditions for successful re- vegetation, the District requested that the contractor perform additional scarifying, grading, and incorporation of wood chips into the loosened soil surface, prior to hydro- seeding for a second time. The added work for the land preparation, grading and placement of added materials, and hydro - seeding performed in June 2011, is extra work not covered in the original contract documents. Staff has performed a final inspection of the project and has found that as of July 28, 2011, Sierra Nevada Construction Inc. has met all contract requirements. SCHEDULE: As soon as possible COSTS: $4,808 ACCOUNT NO: 1029- 8933 /RGLPPS BUDGETED AMOUNT REMAINING: $507,002 (2012); ATTACHMENTS: Change Order No. 8; Closeout Agreement and Release of Claims; and Notice of Completion. -37- No Bergsohn August 4, 2011 Page 2 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES NO NO -38- CATEGORY: Sewer CHANGE ORDER NUMBER 8 Project: l..PPS STANDBY POWER GENERATOR FACILITY Contractor: Sierra Nevada Construction, Inc. Date: 08.04.2011 PO #: P22641 The Contract Shall Be Changed As Follows: 1) Increase $4,808.00 for land preparation, grading and placement of rock/wood mulch and hydro-seeding in accordance with the District's request for additional re- vegetation work (I. Bergsohn email to J. Kolowith, TRPA dated 06/23 /2011). The increase includes all added labor, equipment, subcontractor costs, materials, supplies and contractor mark-up plus a credit of $689.85 for 1,050 SF of contractor disturbance. • Total item 1 is $4,808.00 TOTAL. FOR CHANGE ORDER NO.8, ITEMS 1 IS: $4,808.00 Dollar Amounts . :: Contract Time Original Contract Previous Change Order Current Contract THIS CHANGE ORDER New Contract Total $2,027,007.00 $113,896.79 $2,140,902.79 $4,808.00 $2 146 710.79 263 Calendar Days 127 Calendar Days 390 Calendar Days Contractor agrees to make the hereln.descrlbed changes In accordance with the terms hereof. The change in contract price and/or contract time noted is full settlement for costs incurred because of the change(s) described, unless specifically noted In Individual description(s). Authorized By STPUD Board President Accep Reviewed By Date: Date: Date: VIII I t TOTAL FOR CHANGE ORDER NO.8, ITEMS 1 IS: $4,808.00 1 -39- CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this day of August 2011, by and between South Tahoe Public Utility District, hereinafter referred to as "DISTRICT", and Sierra Nevada Construction, Inc., 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 Two Million Twenty -Seven Thousand Seven Dollars ($2,027,007), contract amount, and the amount of One Hundred Eighteen Thousand Seven Hundred Three Dollars and Seventy -Nine Cents ($118,703.79) for said Contract Change Orders Nos. 1 through 8, 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 EL 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 March 30, 2010 for Purchase Order No. P22641, DISTRICT project described as Luther Pass Pump Station Standby Generator Facility Project. B. Change Orders Nos. 1 through 8 as approved by the parties, pertaining to Purchase Order No. P22641 and shown in Payment Request No. 16, dated August 4, 2011. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of Purchase Order No. P22641 does hereby and for each of its successors, and assigns, releases, acquits and forever discharge Sierra Nevada Construction, Inc., 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: A. The performance of all terms and conditions of that certain agreement dated March 30, 2010 for Purchase Order No. P22641, DISTRICT project described as Luther Pass Pump Station Standby Generator Facility Project. B. Change Orders Nos. 1 through 8 and as approved by the parties, pertaining to Purchase . Order No. P22641 and shown in Payment Request No. 16, dated August 4, 2011. -40- 1 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. P22641. 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 $ 107,285.54 Original Contract amount $2,027,007.00 Total Change Order Amount $ 118,703.79 Less: Amount Previously Paid $2,038,425.25 (Request Nos. 1 through 16) Retainage $ 107,285.54 BALANCE: $ -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 El 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. after the execution of change orders shall be as follows: Original Contract Price Original Calendar Days Total Adjusted Price Total Adjusted Calendar Days $2,027,007.00 $2,145,710.79 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 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 -41- 2 RECORDING REQUESTED BY: South Tahoe Public Utility District Heidi Baugh WHEN RECORDED MAIL TO: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 SPACE ABOVE THIS LINE FOR REFS USE APN: 036- 730 -35 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 Pubik Utility 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 desaibed was COMPLETED on 7/31/2011. 8. The work of improvement completed is described as follows: Luther Pass Pump Station Standby Power Generator Facility Project 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Sierra Nevada Construction, Inc. 10. The street address of said property is 3755 Grass Lake Road, South Lake Tahoe, California. 11. The property on which said work of improvement was completed is in the City of Unincorporated Christmas Valley County of El Dorado, State of California, and Is described as follows: See attached Exhibit A. As shown in Exhibit "A" attached hereto and made a part hereof DATE: August 4, 2011 SIGNATURE OF OWNER OR AGENT OF OWNER 'ALL K 15t VERIFICATION FORINDMDUALOWNER: Board President for So. Tahoe PUD I, the undersigned, dedare 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. DATE AND PLACE SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFICATION FOR NON-INDIVIDUAL OWNER: South Tahoe Public. I Lt i l i ty li ctri rt I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the hoard 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 August 4, 2011 at South Lake Tahoe, California DATE AND PLACE SIGNATURE OF PERSON SIGNING ON BEHALF OF OWNER Dale Rise, Board President South Tahoe Public Utility District EXHIBIT "A" Notice of Completion Luther Pass Pump Station Standby Power Generator Facility Project The site of the work is located on District property (APN 036- 370 -35) at 3755 Grass Lake Road, within the Grass Lake Creek Subdivision Unit #2, a one - family residential district (TR -1) in Christmas Valley, El Dorado County, California The work performed consisted of: installation and maintenance of erosion control measures and other required BMPs; excavation and over excavation including slope stabilization, dewatering, handling, stockpiling and disposal of excess material; installation and maintenance of shoring and soil stabilization for worker safety; removal and relocation of an existing trailer- mounted 1,200 kW generator system for temporary service, construct temporary electrical and fuel connections, construct temporary pad, guard posts and spill containment; demolish and dispose of existing trailer and all facilities contained therein at end of standby power temporary service; demolish and remove abandoned septic tank and leach field lines; demolish and reconstruct underground sanitary sewer, industrial waste line and telephone utilities, and demolish and shutoff gas per utility company requirements; demolish and reconstruct site fencing; construct new 5,074 square foot (SF) ac pavement, concrete block retaining wall and footing, gravel -fill trenches, 1,136 SF. CMU generator building and housekeeping pads, and a 196 SF roof structure connecting the new generator building to the existing pump station; furnish and install a 2,500 kW generator skid - mounted system and concrete pad, exhaust silencer and piping, 500 - gallon day tank and control panel; refurbish existing 6,000 - gallon aboveground fuel tank and fill station, reconstruct concrete pad and furnish and install new fuel supply lines; furnish and install. HVAC equipment, sound attenuation system, all new electrical facilities, modifications and a clean chemical fire suppression system. This project was funded, in part; by the Clean Water State Revolving Fund (CWSRF) Loan Program. Notice of Completion Luther Pass Pump Station Standby Power Generator Facility Project EXHIBIT "A" South Tahoe j Public Utility District 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 El Dorado, State of California, and executed by Board President, Dale Rise. Date Approved: Certified by: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District General Manager Richard K Solknis Directors .(brisWale James K Jones May LouMoebaciasr • Dab We Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 54+ 6474 • Fax 530 541 -0614 • www stpud.us BOARD AGENDA ITEM 4g TO: Board of Directors FROM: No Bergsohn, Hydro-Geologist MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Alpine County Surveying Services - Alpine County Monitoring Well Installation (ALPMWS) and Diamond Valley Ranch Irrigation Improvement (DVRIIP) Projects REQUESTED BOARD ACTION: Accept the cost proposal from Tri State Surveying, LTD. (TSS) to complete surveying services, in the amount of $6,800. DISCUSSION: Due to their intimate familiarity with Diamond Valley Ranch, through past experience and extensive involvement providing surveying services to the District, staff requested a cost proposal from TSS to perform additional surveying services in Alpine County. These generally include: (1) Providing topographic survey (California State Plane, Zone 2, NAVD 88) for fourteen (14) new monitoring wells; (2) Provide plat mapping services in support of District Grant of Easement Agreements for four (4) new monitoring wells located on private property for the ALPMWS; and (3) Provide surveying services for engineering design of the new Millich Ditch channel alignment and Millich Ditch /Harvey Channel Diversion Structure for the DVRIIP. District staff believes that TSS is uniquely qualified to provide the surveying services required for the Alpine County projects. Because of these qualifications and past experience providing similar services to the District in a fair and reasonable manner, staff recommends that the Board accept the TSS proposal for professional surveying services, dated July 21, 2011. SCHEDULE: As soon as possible COSTS: ALPMWS ($4,300); DVRIIP ($2,500) ACCOUNT NO: 1029 - 8136 /ALPMWS; 1029 - 8161 / DVRIIP BUDGETED AMOUNT REMAINING: $48,727; $5,052,921 ATTACHMENTS: Proposal for Professional Surveying Services (TSS, 07.21.2011) —47— No Bergsohn August 4, 2011 Page 2 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES 1 i_: NO CHIEF FINANCIAL OFFICER: YES NO -48- CATEGORY: Sewer % T 114° Land Saftottnation Solution,' Mr. No Bergsohn, PG, CHg. South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 -7401 (530) 544 -6474 7/21/2011 Page 1 of 5 TRI STATE SURVEYING, Ltd. 425 E. Long Street, Carson City, Nevada 89706 Telephone (775) 887 -9911 • FAX (775) 887 -9915 Toll Free: 1 -800- 411 -3752 Subject: Proposal for Professional Surveying Services Alpine County Monitoring Well installations ( ALPMWS); Diamond Improvements Project (DVRIIP) Project Via Email Valley Ranch Irrigation Dear Mr. Bergsohn: Tri State Surveying is pleased for the opportunity to submit this proposal to provide Topographic Surveying Services for the Alpine County Monitoring Well Installations (ALPMWS); Diamond Valley Ranch Irrigation Improvements Project ( DVRIIP) Project, which is referred to herein as the Project After execution of this document and your authorization to proceed, Tri State will provide the following scope of services based upon our understanding of the Project 300. TOPOGRAPHIC SURVEYING SERVICES 301. Control Survey. Provide horizontal and vertical survey control necessary to accomplish the topographic mapping for the Project Control wiN be based upon the client provided aerial topographic base map referencing the California State Plane Coordinate System, Cal Zone 2 and NAV.D. 88. 302. Design Survey. Obtain measurements locating physical features over and adjacent to the Project including: earthwork related features utility crossings, culverts irrigation ditches and possible construction obstacles. 303. Topographic Mapping. Prepare and provide a Topographic Survey Map art* = 20' scale with a 1 foot contour interval in accordance with National Map Accuracy Standards. 500. PLAT MAPPING SERVICES 513. Legal Descriptions and Exhibits. Provide legal descriptions and exhibits to accompany legal descriptions as requested by the Client for 4 well sites. 700. GLOBAL POSITIONING SURVEYING SERVICES 703. Orthometric Heights. Provide orthometric heights (elevation above Mean Sea Level) referenced to the North American Vertical Datum of 1988 (NAVD'88) and North Geodetic Vertical Datum of 1929 (NGVD29) for the points induded in the survey for fourteen. (14) well sites. 704. State Plane Conversion Computations. Provide geographic positions and state plane coordinates for the well sites with conversion coefficients for ground equivalent values for the points included in the survey. Boundary Surveys • Water Rights • Land Divisions • Construction Surveys ♦ Global Positioning • Aerial Photogrammetry —49— 7121/2011 Page 2 of 5 Acceptance of Diipital Electronic Flies In accepting and utilizing computer aided mapping drawings or other data in the form of electronic media prepared by Tri State Surveying, Ltd., the Client agrees that all such digital drawings and data are instruments of the professional services of Tri State Surveying, who shall be deemed the author and shall retain all copyrights. The Client agrees that any digital drawings prepared by Tri State Surveying shall conform to the specifications Digital Mapping Standards of Tri State Surveying. The electronic files submitted by Tri State Surveying to the Client are submitted for an acceptance period of 90 calendar days. Any defects the Client discovers during this period shall be reported to Tri State Surveying and will be corrected as part of Tri State Surveying's scope of services contained in this proposal. The Client further agrees not to use such digital drawings and data, in whole or in part, for any purpose other than the Project, which is the subject of this proposal. The Client agrees to waive all claims against Tri State Surveying resulting from any unauthorized changes or reuse of the digital drawings and data. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold Tri State Surveying harmless for any damage, liability or cost, including reasonable attorneys' fees, arising from any changes made by anyone other than Tri State Surveying or from any reuse of the digital drawings and data without the prior written consent of Tri State Surveying. DELIVERABLES The deliverables for the TOPOGRAPHIC SURVEYING SERVICES provided to the Project shall include the following: (1) Design Survey points file with copies of field notes and sketches (2) Basis of Bearings and Benchmark Notes (3) Topographic Survey Map with accompanying digital file The deliverables for the MAPPING SURVEYING SERVICES provided to the Project shall include the following: (1) Legal Description (2) Exhibit Map The deliverables for the GLOBAL POSITIONING SURVEYING SERVICES provided to the Project shall include the following: (1) Point File per dient specification (2) Drawing file V =1000' FEES FOR SERVICES The fees for the services included in the proposal are as follows: Alpine County Monitoring Well Installations (ALPMWS) - Task 500 and 700 $ 4,300.00 Diamond Valley Ranch Irrigation Improvements Project (DVRIIP) - Task 300 $ 2,500.00 Total Fees For Services $ 6,800.00 This proposal includes estimated costs for reimbursable expenses such as reproduction of drawings, postage, express shipping charges, travel, lodging or other out -of- pocket expenses in connection with the project The above fees will not be exceeded without your prior authorization. This proposal is subject to the terms and conditions attached. CLIENT SUPPLIED INFORMATION Boundary Surveys ♦ Water Rights ♦ Land Divisions ♦ Construction Surveys ♦ Global Positioning • Aerial Photogrammetry —50— 7/21/2011 Page 3of5 Upon notice to proceed from the Client to commence work on the Project the Client shall supply the following necessary Project information to Tri State Surveying, Ltd.: For TOPOGRAPHIC SURVEYING SERVICES: (1) Umits of Topographic Survey (2) Supporting CAD files for the improvement plans SCHEDULE OF DELIVERABLES Deliverables will be completed by August 196 with an August 441 Notice to Proceed. TERMS AND CONDITIONS 1. This agreement shall be governed by and construed in accordance with the laws of the State of Nevada Services provided shall be in conformance with local ordinances and the California Professional Land Surveyors Act of Practice for Professional Land Surveyors. The Client understands and acknowledges that as a professional service provider Tri State Surveying, Ltd. (Consultant) cannot offer any warranty or guarantee relating to the construction of the Project. 2. The Client shall place on deposit with Consultant a prepayment on the contract of $0.00, which shall be used as payment against the final billing invoice. Consultant shall perform the services that are contained in the subject proposal promptly, without delay and that the product of such services will by of customary quality in all respects and consistent with professional skip and care. Upon written request the Client shall execute and deliver such additional instruments, documents, governmental fees and charges that are necessary to perform the services for the project. 3. This proposal, once executed will remain in effect until December 31, 2011, at which time Consultant reserves the right to increase remaining fees for unrendered services described in this proposal 2.5% due to increase in labor and material costs. Any increase in excess of 2.5% will be negotiated with the Client In the event of a controversy, claim or dispute between Consultant and the Client arising out of or relating to the Project, the prevailing party shall be entitled to recover attorney fees, expert witness fees, expenses and costs whether or not litigation is instituted. 4. The Client agrees that periodic billings from Consultant to the Client are correct, condusive, and binding on the Client unless the Client, within ten days from the date of receipt of such billing, notifies Consultant in writing of a leged inaccuracies, discrepancies, or errors in the billing. Payment for the services described above will be due within a net 30 days upon receipt of an invoice statement for our work performed during the preceding billing period. Invoices not paid within 60 days of the date of the invoice are subject to an interest charge of 1% per month until paid in full. 5. in the event that the contract is mutually terminated, any prior work completed shall be billed as services rendered and any monies received over and above the final bill shall be returned to the Client. Either party may terminate this agreement at any time without cause upon delivery of written notice to that affect to the other, in which event this agreement shall terminate twenty -four hours after the delivery of such written notice. 6: It is the Client's responsibility to provide Consultant with wet stamped plan revisions and supporting CAD files for Construction Surveying Services. Consultant shall not be responsible or liable for errors resulting from construction surveys based upon plan revisions not received prior to Client survey requests. 7. Should the Client require additional services, other than those detailed in this proposal, such additional services shall be provided based upon our current hourly rate schedule. Additional services involving field surveying will only be performed after written authorization of payment from the Client or the Clients onsite representative. At the time of engagement of Consultant the Client shall provide Consultant, in writing, the names of those individuals authorized to order and approve Boundary Surveys • Water Rights • Land Divisions • Construction Surveys • Global Positioning • Aerial Photogrammetry —51— 7/21/2011 Page 4 of 5 payment of restaking and additional requested services. In the event that any staking is destroyed, damaged or disturbed by an act of God or parties other than Consultant, the cost of restaking shall be paid for by the Client as additional services. Consultant shall not be responsible for delays or damages incurred from such delays in the project caused by activities or factors beyond the control of Consultant Unless otherwise stated herein, Consultant shall not be responsible for verifying or coordinating the services or work of other consultants or subcontractors. 8. When applicable, Client is noticed that at a future date Consultant may claim a lien as provided by law against the property if not paid in full. Consultant's liability is limited to the negligence, willful misconduct or omissions of its own employees and subconsultants. In recognition of the relative risks and benefits of the Project to both the Client and Consultant the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Consultant to the Client for any and all claims expenses from any cause or causes, including attorney's fees, expert witness fees and costs, so that the total aggregate lablity of Consultant to the Client shall not exceed $25,000.00, or the amount of Consultant's total fee for services rendered on the Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 9. Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from damages and losses arising from the negligent acts, errors or omissions of Consultant in the performance of professional services under this Agreement to the extent that Consultant is responsible for such damages and losses on a comparative basis of fault and responsibility between Consultant and the Client Consultant is not obligated to indemnify the Client for the Client's own negligence. Additional Terms and Conditions Applicable Only to Condominium Protects 1. The Client acknowledges the risks to the Consultant inherent in condominium projects and the disparity between the Consultant's fee and the Consultant's potential liability for problems or alleged problems with such condominium projects. Therefore, the Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Consultant its officers, directors, employees and subconsultants (collectively, Consultant) against all claims, damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the services perfumed under this agreement except for the Consultant's sole negligence or willful misconduct. 2. In consideration of the substantial risks to the Consultant In rendering professional services in connection with this Project, the Client agrees to make no claim and hereby waives, to the fullest extent permitted by law, any daim or cause of action of any nature against Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) which may arise out of or in connection with this Project or the performance, by any of the parties above named, of the services under this agreement 3. The Client agrees that the bylaws of the Homeowners' Association established for this Project will require that the Association will perform, as recommended in the Maintenance Manual, all necessary routine maintenance, maintenance inspections and any other necessary repairs and maintenance called for as a result of these maintenance inspections. The bylaws shall also contain an appropriate waiver and indemnity in favor of the Client, the Consultant and his or her subconsultants and the Contractor if the maintenance recommendations contained in the Maintenance Manual are not performed. All structures are subject to wear, tear, environmental and manmade exposures. As a result, all structures require regular and frequent monitoring and maintenance to prevent damage and deterioration. Such monitoring and maintenance is the sole responsibility of Owner. The Consultant shall have no responsibility for such issues or resulting damages. Boundary Surveys • Water Rights • Land Divisions • Construction Surveys • Global Positioning • Aerial Photogrammetry —52— 7!2112011 Page 5 of 5 We appreciate the opportunity to offer to provide our professional services to this Project, and look forward to working with you. If this proposal is satisfactory to you, please indicate your agreement by signing and returning one original to us to serve as our notice to proceed. This proposal is valid for execution fora period of 90 days. If you have any questions, or if l can be of further service, please don't hesitate to call me. Thank you for your consideration of Tri State Surveying for this project. Sincerely, Tr' State Surveying, Ltd. Charles Ken twamura, P.L.S. Project Manager Client Acceptance and Notice to Proceed: By: South Tahoe Public Utility District Date: Print Name and Title: Boundary Surveys • Water Rights • Land Divisions ♦ Construction Surveys • Global Positioning ♦ Aerial Photogrammetry —53— South Tahoe Public Utility District General Manalger Richard K SolbrIg Directors James RJones Marylou Moebacbar Deb Rlea Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96154 -7401 Phone 530 544-6474 • Fax 530 541-0614 • www.stpud.us BOARD AGENDA ITEM 4h TO: Board of Directors FROM: Paul Hughes, Chief Financial Officer MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: The Aspens at South Lake REQUESTED BOARD ACTION: (1) Authorize Board President Rise to execute the Fee Deferral Agreement with SLT Pacific Associates, a California Limited Partnership; and (2) Sign the associated Promissory Note. DISCUSSION: At the March 3, 2011 Board meeting, action was taken authorizing the Board President to sign a commitment letter approving the deferral of water impact fees for "The Aspens at South Lake" low- income housing project. As part of the agenda item, staff reported that a fee deferral agreement would be drafted by the developer for Board consideration. Attached is the Fee Deferral Agreement and Promissory Note which incorporate the agreed upon terms as discussed during previous Board meetings, including being first in line to receive a $10,000 annual primary payment from residual receipts. All other creditors, including the District, will share any remaining residual receipts. Both documents have been reviewed by District Counsel accordingly and include appropriate indemnification language to protect the District in the event that the deferral was legally challenged. SCHEDULE: Agreement to be signed following Board authorization COSTS: Deferred fees of approximately $550,000 paid over 55 years at 3% interest ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: Fee Deferral Agreement /Promissory Note CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES Nu NO CHIEF FINANCIAL OFFICER: YES NO —55— FEE DEFERRAL AGREEMENT THIS FEE DEFERRAL AGREEMENT is entered into as of , 2011 by and between the South Tahoe Public Utility District ( "STPUD ") and SLT Pacific Associates, a California Limited Partnership ( "Developer ") with reference to the following facts: RECITALS A. Developer intends to construct a 48 -unit affordable housing project to be located at 3521- 3541 Pioneer Avenue, South Lake Tahoe, California and known as The Aspens at South Lake ( "Project "). B. STPUD's water impact fees for the Project are $550,000 (the "Connection Fees "), which STPUD has agreed to defer pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the promises and covenants set forth hereinbelow and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1. Fee Deferral. The Connection Fees for the Project shall be $550,000. So long as the Project receives financing commitments from other sources, including a loan from the South Tahoe Redevelopment Agency or the City of South Lake Tahoe, which are sufficient to permit Developer to construct the Project, all Connection Fees will be deferred. Pursuant to such deferral, all Connection Fees will accrue interest at a rate of three percent (3 %) per annum and be paid by Developer from a portion of the future residual receipts of the Project. 2. Payment. The payment terms for the Connection Fees shall be as set forth in that certain Promissory Note dated as of even date herewith made by Developer in favor of STPUD ( "Note "). To the extent of any conflict between the terms of this Agreement and the Note, the Note shall prevail. 3. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. Delivery of an executed counterpart of a signature page by facsimile or PDF transmission shall be as effective as delivery of a manually executed counterpart. 4. Governing Law. This Agreement will be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of California, without regard to conflicts of laws principles that would require the application of the law of another jurisdiction, such that to the extent that the provisions of this Agreement are contrary. to California law or decision of a court of proper jurisdiction in California, such law or court decision shall govern. 5. Indemnification. Developer shall indemnify and hold harmless STPUD from and against any and all third party claims, actions, lawsuits, or other causes of action which challenges the CHI01 50660851v2_339767-00006 7/19/2011 3:27 PM -57- validity of this Agreement (collectively, the "Claims "). The foregoing indemnity shall include without limitation all reasonable attorney fees and other costs and expenses incurred by STPUD to defend such Claims. 6. Notices. All notices given pursuant to this Agreement shall be sent by personal delivery, express or courier service, electronic means of transmitting written material (so long as an original is simultaneously transmitted by the United States Postal Service or express or courier service) or United States Postal Service. Notices shall be deemed to be delivered the earlier of: (a) the first (1st) business day after deposited for delivery with FedEx, UPS, or other reputable delivery company if sent for same day or next day delivery; or (b) three (3) business days after the date deposited with the United States Postal Service if sent certified mail, return receipt requested addressed to each party at the following address (or at such other address as such party may request in writing: If to STPUD: South Tahoe Public Utility District 275 Meadow Crest Drive South Lake Tahoe, CA 96150 -7401 If to Developer: And to: do Roope, LLC 430 E. State Street, Suite 100 Eagle, ID 83616 Attn: Caleb Roope Central Valley Coalition for Affordable Housing 3351 M Street, Suite 100 Merced, CA 95348 Attn: Christina Alley 7. Successors and Assigns. The provisions of this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Notwithstanding the foregoing, Developer may not assign its rights and benefits hereunder without the prior written consent of the STPUD. 8. Amendment. This Agreement may only be amended, modified, superseded or canceled and any of the terms, covenants, representations, warranties or conditions hereof may be waived only by an instrument in writing signed by each of the parties hereto. CH101 50660851 v2 339767 -00006 7/19/2011 3:27 PM [Signature page follows] -58- IN WITNESS WHEREOF, the undersigned have executed, or have caused to be executed, this Agreement as of the date first written above C11101 50660851v2 339767-00006 7/19/2011 3:27 PM STPUD: South Tahoe Public Utility District By: Name: Its: DEVELOPER: SLT Pacific Associates, a California Limited Partnership By: Central Valley Coalition for Affordable Housing, its managing general partner By: Name: Its: By: Roope, LLC, its administrative general partner -59- By Name: Its: PROMISSORY NOTE $550,000 , 201.1 South Lake Tahoe, California Pursuant to that certain Fee Deferral Agreement (the "Fee Deferral Agreement ") dated as of even date herewith made by SLT Pacific Associates, A California Limited Partnership ( "Maker") in favor of the South Tahoe Public Utility District ("Holder"), Maker hereby promises to pay Holder the sum of Five Hundred Fifty Thousand Dollars ($550,000) on the terms set forth hereinbelow. Section 1. Purpose. Pursuant to the Fee Deferral Agreement, Holder agreed to defer payment of $550,000 in water connection fees for that certain 48 -unit affordable apartment complex (the "Project ") being developed by Maker on certain real property in the City of South Lake Tahoe, California (the "Property"). Section 2. Interest. The outstanding principal balance of this Note shall bear simple interest at the rate of three percent (3 %) per annum from the date of this Note until this Note is paid in full. Section 3. Term and Repayment Requirements. The term of this Note (the "Term ") shall commence with the date of this Note and shall expire upon the fifty -fifth anniversary date of the date of this Note (the "Maturity Date "). The repayment of this Note shall be nonrecourse to Maker and its partners pursuant to the Loan Agreement, and subject to the exceptions set forth therein. Section 4. Repayment. This Note shall be repaid as follows: a. Annual Payments. Until the original principal amount of this Note and interest accrued thereon is repaid in full, Maker shall make annual payments from Residual Receipts to Holder of $10,000 ( "Primary Payment ") plus a sum equal Holder's Share of Residual Receipts ( "Additional Payment "). Such annual payments shall be due and payable in arrears no later than May 1st of each year with respect to the previous calendar year, and shall be accompanied by the Maker's report of Residual Receipts. Payments made hereunder shall be credited first against accrued interest and then against outstanding principal. Notwithstanding anything herein to the contrary, Maker's obligation to make payments hereunder shall be only to the extent of Residual Receipts from the calendar year preceding such payment such that to the extent any payment required hereunder exceeds the amount of such Residual Receipts, any amounts that cannot be paid from Residual Receipts shall accrue and paid from future year(s) Residual Receipts until paid. Maker shall provide the Holder with any documentation reasonably requested by the Holder to substantiate the determination of Residual Receipts. CHI01 50660088v3 339767 -00006 7/27/2011 10:55 AM b. Definitions. The following definitions shall apply for purposes of this Section 4: (i) "Residual Receipts" means, for a particular calendar year, the amount by which Gross Revenue (as defined below), less the required payments on the construction loan or the permanent loan, exceeds Annual Operating Expenses (as defined below); provided however, when determining the Additional Payment under Section 4, the amount of the Primary Payment shall also be subtracted from Gross Revenue in order to determine Residual Receipts. (ii) "Annual Operating Expenses" with respect to a particular calendar year shall mean the following costs actually incurred for operation and maintenance of the Project including without limitation: property and other taxes and assessments imposed on the Project; premiums for property damage and liability insurance; utility services not paid for directly by tenants, including but not limited to water, sewer, trash collection, gas and electricity; maintenance and repair including but not limited to pest control, landscaping and grounds maintenance, painting and decorating, cleaning, common systems repairs, general repairs, janitorial, supplies, and others; any annual license or certificate of occupancy fees required for operation of the Project; general administrative expenses including but not limited to advertising and marketing, security services and systems, and professional fees for legal, audit and accounting; asset management fees; partnership management fees; deferred development fees; property management fees and reimbursements including on -site manager expenses pursuant to a management contract; and cash deposited into a reserve for capital replacements of Project improvements and an operating reserve in such amounts as are required by the Maker's partnership agreement. "Annual Operating Expenses" shall not include the following: depreciation, amortization, depletion or other non -cash expenses or any amount expended from a reserve account. Notwithstanding the foregoing, when determining Residual Receipts for purposes of the Primary Payment, the deferred developer fee and asset management fees shall not be accounted for in calculating Annual Operating Expenses. (iii) "Gross Revenue" with respect to a particular calendar year shall mean all revenue, income, receipts and other consideration actually received from operation and leasing of the Project. "Gross Revenue" shall include, but not be limited to: all rents, fees and charges paid by tenants; Section 8 payments or other rental subsidy payments received for the dwelling units; deposits forfeited by tenants; all cancellation fees, price index adjustments and any other rental adjustments to leases or rental agreements; proceeds from vending and laundry room machines; the proceeds of business interruption or similar insurance; the proceeds of casualty insurance to the extent not utilized to repair or rebuild the Project; and condemnation awards for a taking of part or all of the Project for a temporary period. "Gross Revenue" shall not include tenants' security deposits, releases from reserves, loan proceeds, capital contributions, or similar advances. (iv) "Holder's Share of Residual Receipts" shall be determined by multiplying the Residual Receipts by a fraction, the numerator of which is the original C11101 50660088v3 339767-00006 7/27/2011 10:55 AM principal sum of the Loan and the denominator is the sum of all loans incurred by Maker in connection with the Project which are payable from Residual Receipts (including the Loan). Section 5. Acceleration. All obligations evidenced by this Note, irrespective of the maturity dates expressed herein, at the option of Holder thereof and without demand or notice, shall immediately become due and payable, if at any time during the Term of this Note, Maker fails to make any payment as required hereunder and such failure continues for ten (10) days following written notice thereof to Maker from Holder. Section 6. Attorney's Fees. Maker agrees to pay all costs of collection when incurred, including without limitation, reasonable attorney's fees and expenses (whether or not suit is filed hereon) and court costs. Such costs shall be added to the balance of principal then due. Section 7. Holder's Rights. Failure of Holder to assert any right under this Note shall not be deemed a waiver of such right. Section 8. Prepayment. This Note may be prepaid at any time without premium or penalty, provided all interest due on the principal being prepaid will be due at time of prepayment. Section 9. California Law. This Note and the legality, validity and performance of the terms hereof shall be governed by, enforced, determined, and construed in accordance with the laws of the State of California. Section 10. Waivers. Maker waives presentment, demand for payment, notice of dishonor, notice of protest, protest, and all other notices or demands in connection with the delivery, acceptance, performance, default, endorsement, or guaranty of this Note, and to the extent authorized by law, any and all homestead or other exemption rights which would apply to the debt evidenced by this Note. Section 11. Binding Obligation. This Note shall be binding upon Maker and Maker's heirs, legal representatives, successors, and assigns. Section 12. Amendment or Modification. The terms of this Note may only be amended or modified by a written agreement executed by Maker and Holder. Section 13. Notices. All notices given under this Note shall be made in writing and shall be deemed received when delivered in accordance with the Fee Deferral Agreement. [REMAINDER OF PAGE INTENTIONALLY BLANK] CH101 50660088v3 339767 - 00006 7/27/2011 10:55 AM IN WITNESS WHEREOF, Maker has executed this Note as of the date first written hereinabove. SLT Pacific Associates, a California Limited Partnership By: Central Valley Coalition for Affordable Housing, its managing general partner By: Name: Its: By: Roope, LLC, its administrative general partner By: Name: Its: 01101 50660088v3_339767-00006 7/27/2011 10:55 AM South Tahoe Public Utility District caner o M� tachani FL Soibrq Dirwcters _Chris Catalu Jarmo R.Jones MayL. Vide Rise Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 54+6474 • Fax 530 541-0614 • www.etpud.us BOARD AGENDA ITEM 41 TO: Board of Directors FROM: Paul A. Sciuto, Assistant General Manager /Engineer MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Utility Raising Associated with El Dorado County Department of Transportation (EDCDOT) North Upper Truckee Paving REQUESTED BOARD ACTION: (1) Authorize commitment of reimbursement to El Dorado County for raising manholes, flushing inlets, and water valves; and (2) Authorize payment to the County for the construction in the estimated amount of $33,900. DISCUSSION: El Dorado County Department of Transportation (EDCDOT) is paving North Upper Truckee from Highway 50 to Grizzly Mountain. As part of this project the District is responsible for raising 24 manholes, one flushing inlet, and 56 water valves. District staff has been working with the County to have these items raised as part of the County's bid documents for the project. Staff has agreed to have the bid items include all materials and labor so as to minimize unnecessary coordination with the County's contractor. The District would reimburse the County for the aforementioned items when the contractor's pay estimate is submitted. Once the bid is received by the County, staff will inform the Board of the anticipated actual costs. SCHEDULE: Project anticipated going out to bid on August 5, 2011 COSTS: $ 17,100 (sewer) and $16,800 (water) (estimate) ACCOUNT NO: 1001 -6052 and 2001 -6052 BUDGETED AMOUNT REMAINING: $71,960, $194,098 (2012) ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES CATEGORY: Sewer & Water NO NO -65- SOUTH TAHOE PUBLIC UTI Richard Soibri , , General Mana ' er DISTRICT istant General Mana , er her, Vice President Dale Rise, President BOARD MEMBE Chris Cefalu, Director James R. Jones REGULAR MEETING OF SOUTH TAHOE PUBL afer, Director ARD OF DIR ITY DIST ORS July 21, 201 The Board of Directors of the South Taho July 21, 2011, 2:00 P.M., Distri t Office, 1275 Iict met gular session, e Tahoe, CA BOARD OF DIRECTO President Rise, Dire Director Cefalu STAFF: Soibrig, Sci Huss osbach sent. nes an • • fer to, Whale rye, hiel, Attom avian /Phillips & rtzwiler unsch, Richar rig led the ple to the flag. Moved Sc Passed to app Second the acher/ Cefalu Absent / t Calendar as submitted: a. Annual Softwa : •orf Costs for Financial /Human Resource Softwar -- Approved payments to SunGard Public Sector for annual maintenance costs, in the amount of $16,828.94, plus tax; PLEDGE OF ALLEGIANCE CONSENT CALENDAR REGULAR BOARD MEETING MINUTES - July 21, 2011 PAGE -2 b. Computer Equipment for Fiscal Year 2011/2012 - CONSENT CALENDAR Authorized purchase of budgeted computers and (continued) equipment in the estimated amount of $60,900 (including tax); c. 2011 Grizzly Mountain Waterline Project - Approved Change Order No. 3 to Burdick Excavating Co., Inc., in the amount of $8,987.80; d. Angora Sitework - (1) Approved the Project Closeout Agreement and Release of Claims for K.G. Walters; a (2) Authorized staff to file a Notice of Completion the El Dorado County Clerk; e. Unpaid Assessments - Adopted Resolution 6 -11, authorizing delinquent accounts be added t 2011/12 El Dorado Tax Assessor's Roll; f. 2010 North Apache Booster Stati Change Order No. 2 to Thomas amount of $19,521; g. ect - Approv c., in the Approved Special Board Meeting Mi h. Approved Regula g Minut MS FOR D ACTION Seven bids were op A careful review and irregu - a staff an•. being inc • tial d Mosbacher / to find the mino minor irregulari nsive, responsi 8,880. P d Sc Cefalu Absent / ulariti • e immaterial; nd a • the project to the idder Blastco, Inc., in the wai lowes amount Nine banks w kite six submitted financing bids. BBVA Compass • - M ost attractive terms of 3.65% and a loan term of - . rs. The budget assumed a loan term of 25 years and ahigher interest rate. With this low interest rate, the loan can be paid off in 20 years with a savings to the District of approximately $1.9 million dollars. Director Schafer congratulated Paul Hughes, Chief Financial Officer, and in general the staff, for years of practicing strong fiscal responsibility which has resulted in -68- WATER TANK RECOATING PROJECT BORROWING FOR THE HEADWORKS REPLACEMENT PROJECT REGULAR BOARD MEETING MINUTES - July 21, 2011 PAGE - 3 achieving a bond rating as high as the District can go. This BORROWING FOR THE HEADWORKS has resulted in the attractive terms for the Headworks REPLACEMENT PROJECT project financing and savings to our customers. (continued) Moved Schafer / Second Jones / Cefalu Absent / Passed to approve Resolution No. 2895 -11 authorizing and direct- ing the execution of an installment sale financing of public capital improvements with Public Property Financing Corporation of California and related documents. Mo - d J • nes S - cond S h • er Cefalu Absent Passed to approve payment in the amount of $1,254,816.29. Water and Wastewater Operations Committee: T committee met on July 18, 2011. Minutes of the are available upon request. BOARD MEMBER ST COMMITTEE REPORTS Director Jones reported the agency met on July 13, 2 The next meeting will be in South Lak - • oe at the Distn on August 10, 2011. RADO COUNTY WATER AGENCY RESENTATIVE REPORT President Rise suggested that staff look i CALSTAR to the benefit package and to mation to the next Board •- .• • regardin information and billin • • olicies insurance compani d BO ' EMBER REPORTS back eir pr nvolv He also would Ii - Board and s o start thi • of ideas to generate ative re for the Dist nd to develop ideas for th ear - - , ted I for Jones a. torSch •d ho W - •r thes orSchaf-rco r, for his recent a ssociation Finan ded tme orpor Dis Direc ughes, Chief Financial e California Special Board of District Inf • ' • n Officer r is Cocking reported on his STAFF REPORT attendance . first m - , of the Tahoe Prosperity Center Board o c - July 15. A handout listing the goals of the Center culated and he will provide a copy to the Board. - layed to the Board that their concept has merit and may have some future grant funding opportunities. 2:45 P.M. ADJOURN ENT TO CLOSED SESSION REGULAR BOARD MEETING MINUTES - July 21, 2011 PAGE - 4 3:55 P.M. RECONVENED TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING CL • SSION No reportable Board action. No reportable Board a overnment Code on 54 a) /Conference with egal Couns ing Litigation re: False Claims Ac - : United States, the States of Calif • Delaware, Florida, Nevada, an • essee and the monwealths o M •:, setts and Virgins • ret. endrix v. J -M Manufacturing pany, Inc. and Formosa Plastics rporation, U.S.A., Civil Action No. V06- 0055 -GW, United States ourt for the Central District of ATTEST: Kathy Sharp, Clerk of the Board By Chris Whalen, Assistant Board Clerk South Tahoe Public Utility District -70- t o Government Code Se 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Los Angeles County Superior Court Case No. BC459943, State of Nevada, et al. v. J -M Manufacturing, et al. Pursuant to Government Code Section 54957 /Public Employment Position: Legal Services Provider ADJOURNMENT Dale Rise, Board President South Tahoe Public Utility District South Tahoe Public Utility District Gomm, Marker Riduad t1. Solbdg Directors .Chris JmeeR.Jonee Mary Louleioslocber Chile Schafer 1275 Meadow Cr st Drive • South Lake Tahoe • CA 96150-7401 Phone 53054+6474. Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM 7a TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Cathodic Protection Improvement Project REQUESTED BOARD ACTION: Award bid to the lowest responsive, responsible bidder. DISCUSSION: This project includes the installation of cathodic protection systems at 12 sewer pump stations and 2 tanks as follows: Trout Creek, Pioneer Village, Bellevue, Beecher, Venice, San Moritz, Pope Beach 1, Pope Beach 2, Camp Richardson, Kiva, Taylor Creek, Baldwin, H Street Tank, and Luther Pass Tank No. 2. On July 26, 2011, eight general contractors attended the mandatory pre -bid meeting. Bids will be opened at 2 p.m., Tuesday, August 2, 2011. After opening the bids, staff will review the bids in detail for compliance with the specifications. A summary of all the bids, along with staff recommendation for award will be made available at the District office, prior to, and at the Board meeting. SCHEDULE: Open Bids 8/02/11; Award Bid 8/04/11; NTP 8/18/11. Complete 12/15/11. COSTS: Construction Estimate $260,000 ACCOUNT NO: 1029-81 33 /CATS W R; 2029 - 8113 /CATWTR BUDGETED AMOUNT REMAINING: $330,904; $82,601 (2011/12) ATTACHMENTS: A summary of bids and staff recommendation for award will be made available at the District office, prior to, and at the Board meeting. CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES CATEGORY: Water South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Telephone: (530)544 -6474 Memorandum Fax: (530)541 -4319 Date: August 4, 2011 To: Board Members, Richard So!brig, Paul Sciuto From: Jim Hoggatt, Engineer Department Manager Subject: Recommendation for Bid Award 2011 Cathodic Protection Improvements Project /1-cf( 6/1 1 CL F-Gi-t (3401+n As detailed on the bid summary and review information from Heidi Baugh, the apparent low bid from Exaro Technologies Corporation, contained minor deviations which staff considers inconsequential and immaterial. Staff recommends that the Board waive the minor irregularities and award the project to Exaro Technologies Corporation, in the amount of $285,702.00. South Tahoe Public Utility District • 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 Phone 530.544.6474 • Facsimile 530.541.0614 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Telephone: (530)544 -6474 Fax: (530)541 -4319 Memorandum Date: August 3, 2011 To: Board Members, Richard H. Solbrig, Paul A. Sciuto From: Heidi C. Baugh, Contracts Administrator Subject: 2011 Cathodic Protection Improvement Project B -�I-11 ar.k 15 At 2:00 o'clock on the afternoon of August 3, 2011 we received and opened four (4) sealed bids for the above - referenced project. Bids ranged from $285,702 to $410,995. The engineer's estimate was $273,300. A careful review and analysis of the three lowest bids showed a number of deviations, most of them minor. See attached spreadsheet and list of deviations for full breakdown of each bid. Exaro Technologies Corporation is the apparent low bidder. Exaro Technologies Corporation had only minor deviations. I contacted the Contractors License Board and was given the following information: License Number 860376 is current and active and expires 06/30/2013. The company is a corporation. Exaro Technologies Corporation holds a Class A — General Engineering license. South Tahoe Public Utility District • 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 Phone 530.544.6474 • Facsimile 530.541.0614 SOUTH TAHOE PUBLIC UTILITY DISTRICTS 2011 CATHODIC PROTECTION IMPROVEMENT PROJECT BID SUMMARY (08/03/2011) Engineers Estimate Exaro Technologies Corp. Thomas Haen Company Corrpro Companies Unit Price Inc. Amount Farwest Control Unit Price Corrosion Company Amount Description Unit QTY Unit Price Amount Unit Price Amount Unit Price Amount 1 Mob /Demob (10 %) LS 1 $15,500.00 $15,500.00 $27,880.00 $27,880.00 29,500.00 $29,500.00 $6,000.00 $6,000.00 $2,500.00 $26,050.00 $2,500.00 $26 050.00 2 Baldwin Beach Pump Station LS 1 $20,000.00 $20,000.00 $17,029.00 $17,029.00 22,170.00 $22,170.00 $20,835.00 $20,835.00 3 Beecher Pump Station LS 1 $20,000.00 $20,000.00 $21,517.00 $21,517.00 17,910.00 $17,910.00 $23,157.00 $23,157.00 $34 730.00 $34 730.00 4 Bellevue Pump Station LS 1 $20,000.00 $20,000.00 $16,663.00 16,663.00 25,085.00 $25,085.00 $22,525.00 $22,525.00 $34,730.00 $34 730.00 5 Camp Richardson Pump LS 1 $20,000.00 $20,000.00 $15,764.00 15,764.00 23,040.00 $23,040.00 $22,632.00 $22,632.00 $26,050.00 $26 050.00 6 Kiva Pump Station LS 1 $20,000.00 $20,000.00 $20,431.00 $20,431.00 23,720.00 $23,720.00 $25,260.00 $25,260.00 $14,805.00 $34,730.00 $43,115.00 $34,730.00 $43,115.00 7 San Moritz Pump Station LS 1 $20,000.00 $20,000.00 $25,694.00 $25,694.00 29,750.00 $29,750.00 $14,805.00 8 Taylor Creek Pump Station LS 1 $20,000.00 $20,000.00 $22,108.00 $22,108.00 28,430.00 $28,430.00 $28,932.00 $28,932.00 $34,730.00 $34 730.00 9 Pioneer Village Pump Station LS 1 $20,000.00 $20,000.00 $19,077.00 $19,077.00 26 040.00 $26,040.00 $28,990.00 $28,990.00 $43 115.00 $43 115.00 10 Trout Creek Pump Station LS 1 $10,000.00 $10,000.00 $3,183.00 $3,183.00 3,550.00 $3,550.00 $13,835.00 $13,835.00 $5,500.00 $5,500.00 $43,115.00 11 Venice Pump Station LS 1 $20,000.00 $20,000.00 $17,393.00 $17,393.00 30,070.00 $30,070.00 $21,090.00 $21,090.00 $43,115.00 12 Pope Beach Pump Sta. No. 1 LS 1 $20,000.00 $20,000.00 $7,985.00 $7,985.00 12,790.00 $12,790.00 $25,305.00 $25,305.00 $17,815.00 $17,815.00 $5,000.00 $10,000.00 $17,815.00 $17,815.00 $5,000.00 $10,000.00 13 Pope Beach Pump Sta. No. LS 2 1 $20,000.00 $20,000.00 $8,171.00 $8,171.00 12,790.00 $12,790.00 $21,225.00 $21,225.00 14 H Street Tank BLS 1 $8,000.00 $8,000.00 $17,854.00 $17,854.00 8,720.00 $8,720.00 $17,595.00 $17,595.00 $33,900.00 15 Luther Pass Tank No. 2 LS 1 $16,000.00 $16,000.00 $43,153.00 $43,153.00 20,960.00 $20,960.00 $33,900.00 16 Site Protection Fencing LF 600 $5.00 $3,000.00 $1.00 $600.00 3.00 $1,800.00 $22.00 $13,200.00 $40.00 $24,000.00 $8,000.00 17 Coir Log Placement LF 400 $2.00 $800.00 $3.00 $1,200.00 6.00 $2,400.00 $13.00 $5,200.00 $20.00 TOTAL per District Review and Calculatio $273,300.00 $285,702.00 $318,725.00 $344,486.00 $410,995.00 TOTAL as written in Bid Received: same same same same e 2011 Cathodic Protection Improvement Project Bid Opening: 8/3/2011 at 2:00 o'clock p.m. Deviations and information gathered during bid analysis of the three lowest bids: Exaro Technologies Corporation: • Bidder's General Information Item 5, no address provided for surety. • Certification by Contractor's Insurance Broker: was filled out incorrectly. I was able to contact the broker, obtain the names of insurance companies, and verify that they met specification requirements. Thomas Haen Company, Inc. • Bidder's General Information Item 5, no phone number for surety provided. No address for brokerage firm. Corrpro Companies, Inc.: • Certification by Contractor's Insurance Broker form was filled out correctly; however, Corrpro inserted language stating they would be able to provide the required insurance `as modified by the attached letter dated August 2, 2011' The letter identified lower deductibles and different ISO forms they would need the District to accept. Basically their insurance does not meet our specifications. p 2011 CATHODIC PROTECTION IMPROVEMENT PROJECT CONTRACTOR'S SUBCONTRACTORS Exaro Technologies Corporatio Work to be Performed Subcontractors Name & Address Materials 20% Corrpro 2799 Miller St., San Leandro, CA 94577 #764878 Labor, Equipment, Material 5.3% Blastco 11905 Regent View, Downey, CA 90241 #767974 Named Equipment/Material Supplier List: Equipment/Material Supplier Rectifier Units Corrpro Impressed Current Anodes Corrpro Galvanic Anodes for Underground Use Corrpro Galvanic Anodes for Underwater Use Corrpro Thomas Haen Company, Inc. Work to be Performed Subcontractors & Address Electrical 14% Innovative Electric, South Lake Tahoe, CA #689833 Drilling 21 % Western Strata Exploration Clarksberg, CA #552198 Named Equipment/Material Supplier List: Equipment/Material Supplier Rectifier Units Corrpro Impressed Current Anodes Corrpro Galvanic Anodes for Underground Use Corrpro Galvanic Anodes for Underwater Use Corrpro Corrpro Companies, Inc. Work to be Performed Subcontractors & Address Bracket Manufacturing & Installation of Anodes 15% Blastco Inc. 11905 Regent View, Downey, CA 90241 #767974 Equipment/Material Supplier List Equipment/Material Supplier Rectifier Units Universal Rectifiers Inc. Impressed Current Anodes Corrpro Companies Inc. Galvanic Anodes for Underground Use Corrpro Companies Inc. Galvanic Anodes for Underwater Use Corrpro Companies Inc. South Tahoe Public Utility District Gi Harmer Riohml a Solbrlg Directors Janne RJones Mary r.ouMoaba her Pals Rise 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 7b TO: Board of Directors FROM: Peter Lavallee, Assistant Engineer MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: Snowshoe /Millich Slope and Bijou Sewer Relocates REQUESTED BOARD ACTION: Award bid to the lowest responsive, responsible bidder. DISCUSSION: This project includes slope repair and stabilization between the Snowshoe ditch and the Millich ditch in Alpine County, where heavy winter snowfall and rain events have caused the existing erosion protection to fail. Work will be done to re- stabilize the slope as well as to install a short gabion wall to collect future sediment from the slope. The Bijou portion of the project will relocate approximately 60 feet of sewer force main, 50 feet of gravity sewer main, and install a new eight -inch sewer overflow in preparation for the City of South Lake Tahoe's Bijou Erosion Control Project. On July 26, 2011, seven general contractors attended the mandatory pre -bid meeting. Bids will be opened at 3 p.m., Tuesday, August 2, 2011. After opening the bids, staff will review the bids in detail for compliance with the specifications. A summary of all the bids, along with staff recommendation for award will be made available at the District office, prior to, and at the Board meeting. SCHEDULE: Open Bids 8/02/11; Award Bid 8/04/11; NTP 8/22/11. Complete 11/15/11. COSTS: Construction Estimate $245,000 ACCOUNT NO: 1029- 7075 /SNOBLO; 1029- 8287 /ECBIJM BUDGETED AMOUNT REMAINING: Unbudgeted; $499,110 ATTACHMENTS: A summary of bids and staff recommendation for award will be made available at the District office, prior to, and at the Board meeting. CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES CATEGORY: Water South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Telephone: (530)544 -6474 Memorandum Fax: (530)541 -4319 C�1U�1 rib Date: August 4, 2011 To: Board Members, Richard Solbrig, Paul Sciuto From: Peter Lavallee, Assistant Engineer Subject: Recommendation for Bid Award 2011 Snowshoe /Millich Slope and Bijou Sewer Relocation Project As detailed on the bid summary and review information from Heidi Baugh, the apparent low bid from White Rock Construction, Inc., contained minor deviations which staff considers inconsequential and immaterial. In regards to the bid amount, the written total will govern over the total of the extended amounts for each bid item. Staff recommends that the Board waive the minor irregularities and award the project to White Rock Construction, Inc., in the amount of $289,725.00. South Tahoe Public Utility District • 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 Phone 530.544.6474 • Facsimile 530.541.0614 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Telephone: (530)544 -6474 Fax: (530)541 -4319 Memorandum Date: August 2, 2011 To: Board Members, Richard H. So!brig, Paul A. Sciuto From: Heidi C. Baugh, Contracts Administrator Subject: 2011 Snowshoe /Millich Slope and Bijou Sewer Relocation Project At 3:00 o'clock on the afternoon of August 2, 2011 we received and opened three (3) sealed bids for the above - referenced project. Bids ranged from $289,725 to $439,256.50. The engineer's estimate was $248,153. A careful review and analysis of the three bids showed only very minor deviations. See attached spreadsheet and list of deviations for full breakdown of each bid. White Rock Construction, Inc. is the apparent low bidder. White Rock Construction, Inc. had two minor deviations. I contacted the Contractors License Board and was given the following information: License Number 640958 is current and active and expires 07/31/2012. The company is a corporation. White Rock Construction, Inc. holds a Class A — General Engineering license. South Tahoe Public Utility District • 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 Phone 530.544.6474 • Facsimile 530.541.0614 SOUTH TAHOE PUBLIC UTILITY DISTRICT'S 2011 Snowshoe/Millich Slope and Bijou Sewer Relocation Project BID SUMMARY (08/02/2011) Engineer's Estimate mm e KOCK Construction Thomas Haen Company n.b. mailers Construction Co., Inc. Description Unit QTY Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Snowshoe /Millich Slope Part 1 1 Mob /Demob incldg bonds, insurance, and cleanup LS 1 $10,575.00 $10,575.00 3,600.00 $3,600.00 $17,100.00 $17,100.00 $10,000.00 $10,000.00 2 Provide, install and maintain Erosion Control and required BMPs LS 1 $5,000.00 $5,000.00 2,000.00 $2,000.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 3 Provide & install slope cut benches, geogrid structural reinforcement, secondary reinforcement and all soilmaterial required to emet grade LS 1 $30,000.00 $30,000.00 61,000.00 $61,000.00 $101 000.00 $101 000.00 $48,000.00 $48,000.00 4 Provide & install perforated 4" SDR 26 PVC pipe for slope drain, inddg drainrock LF 150 $75.00 $11,250.00 20.00 $3 000.00 $20.00 $3,000.00 $13.00 $1,950.00 5 Provide & install solid 4" SDR 26 PVC pipe for slope drain LF 150 $70.00 $10,500.00 11.50 $1,725.00 $20.00 $3 000.00 $6.00 $900.00 6 Provide, install 4'x3'x70' bio retai i a wall. LS �rowoe, 1 $18,000.00 $18,000.00 14,500.00 $14,500.00 $5,900.00 $5 900.00 $14,000.00 $14,000.00 7 install containerized plants LS 1 $2,000.00 $2,000.00 3,500.00 $3,500.00 $3,000.00 $3,000.00 $2,200.00 $2,200.00 8 Provide, install, maintain irrigation to slope LS 1 $10,000.00 $10,000.00 16,000.00 $16,000.00 $13,600.00 $13,600.00 $33,000.00 $33,000.00 9 Provide, install reveg LS Treatment Type 1 1 $10,000.00 $10,000.00 30,000.00 $30,000.00 $31,000.00 $31 000.00 $42,000.00 $42,000.00 10 Provide, install reveg Treatment Type 2 LS 1 $9,000.00 $9,000.00 11,000.00 $11,000.00 $11,000.00 $11,000.00 $2,000.00 $2,000.00 PART 1 SUBTOTAL: $116,325.00 $146,325.00 $189,600.00 $156,050.00 Part 2 Biou Sewer Relocation Site 11 Mob /demob, inddg bonds & insurance and cleanup. LS 1 $11,828.00 $11,828.00 3,600.00 $3,600.00 $20,000.00 $20,000.00 $15,000.00 $15,000.00 12 Provide,install, maintain erosion control measures & LS 1 $10,000.00 $10,000.00 2,000.00 $2,000.00 $1,000.00 $1 000.00 $2,000.00 $2,000.00 13 Provide, install, maintain shoring and soil stabilization for worker safety per OSHA & District requirements. LS 1 $7,500.00 $7,500.00 4,000.00 $4,000.00 $10 000.00 $10,000.00 $20,000.00 $20,000.00 14 Provide, install, maintain traffic control measures. LS 1 $25,000.00 $25,000.00 16,000.00 $16,000.00 $29,400.00 $29,400.00 $22,000.00 $22,000.00 1.4oltracror5Tdn pipe oia one type or material for Item 15A & 15/ Provide, install 12' PVC C900 (DR18) Sewer Force Main LF 60 $105.00 $6,300.00 375.00 $22,500.00 $771.70 $46,302.00 $450.00 $27,000.00 151 Provide, install 12" DIP (Class 350) Sewer Force Main LF 60 $0.00 $0.00 $0.00 $0.00 16 Provide, install 8' SDR 26 PVC Gravity Sewer Main. LF 70 $100.00 $7,000.00 185.00 $12,950.00 $245.75 $17,202.50 $250.00 $17,500.00 17 Provide,install precast 48" Eccentric Cone Sewer Manholes EA 2 $5,000.00 $10,000.00 6,000.00 $12,000.00 $8,000.00 $16,000.00 $6,500.00 $13,000.00 18 Provide, install flush inlets on existing 8" gravity sewer main EA 2 $500.00 $1,000.00 2 000.00 $4 000.00 $5,850.00 $11 700.00 $5,500.00 $11,000.00 19 Provide, install 4" SDR 26 sanitary. sewer lateral LF 70 $100.00 $7,000.00 75.00 $5,250.00 $188.60 $13,202.00 $150.00 $10,500.00 20 , sewer structures and piping. Install slurry pipe plugs on all aban -doned LS 1 $7,500.00 $7,500.00 10 000.00 $10 000.00 $25,500.00 $25 500.00 $25,000.00 $25,000.00 21 loops. Replace damaged traffic LS 1 $1,000.00 $1,000.00 9,000.00 $9 000.00 $3,000.00 $3 000.00 $10,500.00 $10,500.00 22 Installation of 8" sewer Overflow LS 1 $10,000.00 $10,000.00 3,500.00 $3,500.00 $11,200.00 $11,200.00 $11,000.00 $11,000.00 Install, 23 maintain, remove all ground water dewatering equipment per spec. LS 1 $5,000.00 $5,000.00 4,000.00 $4,000.00 $12 000.00 $12,000.00 $10,000.00 $10,000.00 restoration 24 Provide, install 3" deep mill and 3" pavement overlay wfin City of SLT nght -of -way. SF 1,600 $5.00 $8,000.00 8.50 $13 600.00 $8.25 $13,200.00 $7.00 $11,200.00 restoration 25 Provide, install 4" deep mill and 4" pavement overlay w/in CalTrans right -of -way. SF 2,100 $7.00 $14,700.00 10.00 $21,000.00 $9.50 $19,950.00 $7.00 $14,700.00 Part 2 SUBTOTAL: $131,828.00 $143,400.00 $249,656.50 $220,400.00 TOTAL per District Review and Calculatiol $248,153.00 $289,725.00 $439,256.50 $376,450.00 TOTAL as written in Bid Received: same same same 2011 Snowshoe /Millich Slope and Bijou Sewer Relocation Project Bid Opening: 8/2/2011 at 3:00 o'clock p.m. Deviations and information gathered during bid analysis of the three bids: White Rock Construction, Inc.: • Bidder's General Information Item 5, did not provide surety information, only broker /brokerage information. • Certification by Contractor's Insurance Broker form: listed only broker (not agency) name in 1st blank. K.G. Walters Construction Co., Inc. • Bidder's General Information Item 5, contractor listed surety "c /o" brokerage agency, thus no address or phone provided for surety. • Certification by Contractor's Insurance Broker form was filled out incorrectly: in first blank they only listed agent name without the brokerage agency; in the second blank and 3ta paragraph they inserted brokerage agency instead of insurance company name(s). I was unable to verify that their proposed insurance companies met specification as there were none named. Thomas Haen Company, Inc.: • Bidder's General Information, Item 5, contractor did not provide phone number for surety; did not provide address for broker. 2011 SNOWSHOEIMILLICH SLOPE and BIJOU SEWER RELOCATION CONTRACTOR'S SUBCONTRACTORS White Rock Construction, Inc. Work to be Performed Subcontractors Name & Address Revegetation 11.65% V &C Construction P.O. Box 1269, Minden, NV 89423 #645708 Asphalt Paving 11.69% Don Garcia Exc and Paving Box 7176, South Lake Tahoe, California 96158 #305618 Named Equipment/Material Supplier List: Equipment/Material Supplier Aggregate Base Material Bing Materials Asphalt mixes for paved areas Tahoe Asphalt Concrete and grout mixes Sierra Tahoe Ready Mix Piping, fittings & specials Western Nevada Supply Valves and valve boxes Western Nevada Supply Pipe bedding material Bing Materials Revegetation materials V &C Construction K.G. Walters Construction Co., Inc. Work to be Performed Subcontractors & Address Traffic Control 4.5% TMI, Sacramento, CA #785804 Traffic Loops 2% Par Electric, Reno, NV #687343 SawCutting .5% Penhall, Reno, NV #568673 Paving 6% GB, South Lake Tahoe, CA #792014 Erosion Control 23% Sierra Erosion Control, Reno, NV #807228 Named Equipment/Material Supplier List: Equipment/Material Supplier Aggregate Base material Bing Materials Asphalt mixes for paved areas Tahoe Asphalt Concrete and grout mixes Sierra Tahoe Ready Mix Piping, fittings and specials Western Nevada Supply Valves and valve boxes Western Nevada Supply Pipe bedding material Bing Materials Revegetation materials Sierra Erosion Control 1 2011 SNOWSHOE/MUCH SLOPE and BIJOU SEWER RELOCATION CONTRACTOR'S SUBCONTRACTORS Thomas Haen Company Work to be Performed Subcontractors & Address NC Paving 7% Fuller Construction Inc. South Lake Tahoe, CA #517412 Landscape 12% V &C Construction Minden, NV #645708 Equipment/Material Supplier List Equipment/Material Supplier Aggregate Base material Bing Materials (non - recycled base) TAPCO (recycled base) Asphalt mixes for paved areas TAPCO Concrete and grout mixes Sierra Tahoe Ready Mix Piping, fittings and specials Western Nevada Supply Valves and valve boxes Western Nevada Supply Pipe bedding material Bing Materials Revegetation materials V &C Construction 2 PAYMENT OF CLAIMS FOR APPROVAL August 4, 2011 Payroll 7/26/2011 437,848.86 Total Payroll 437,848.86 ADP 0.00 American Express 9,237.93 Bank of America 0.00 BNY Mellon Trust Company 724,831.88 Brownstein /Hyatt/Farber /Schreck legal services 0.00 CDS- health care payments 69,391.30 Union Bank 371,425.72 Total Vendor EFT 1,174,886.83 Accounts Payable Checks -Sewer Fund 732,135.96 Accounts Payable Checks -Water Fund 670,136.84 Accounts Payable Checks -Self- funded Insurance 0.00 Accounts Payable Checks - Grants Fund 0.00 Total Accounts Payable 1,402,272.80 Grand Total 3,015,008 49 Payroll EFTs & Checks EFT AFLAC Medical & Dependent Care EFT CA Employment Taxes & W/H EFT Federal Employment Taxes & W/H EFT CaIPERS Contributions EFT Great West Deferred Comp EFT Stationary Engineers Union Dues EFT United Way Contributions EFT Employee Direct Deposits CHK Employee Garnishments CHK Employee Paychecks Total 7/26/2011 3,586.19 18,539.53 89,449.53 78,280.73 19,284.08 2,371.16 134.00 217,356.40 1,263.85 7,583.39 437,848.86 Vendor Name Department / Pro) Name PAYMENT OF CLAMS AECOM TECHNICAL SERVICES INC ENGINEERING - REPL GEN, LPPS Acet# I Prof Code Amourd Check Num IYPft REPL GEN LPPS 1029 - 8933 - RGLPPS 1,037.34 Check Total: — 1.037.34 AP- 00079902 MW AFLAC GEN & ADMIN SUPP INS W/H 1000 - 2532 AFLAC GEN & ADMIN AFLAC FEE DED 1000 - 2538 716.36 110.00 Check Total: 826.38 AP- 00079903 MW AHERN RENTALS HEAVY MAINT GROUNDS & MNTC 1004 - 6042 54.79 Check Total: 54.79 AP- 00079904 MW AIR PERFECTION INC EQUIPMENT REPAIR AUTOMOTIVE 2005 - 6011 2,030.17 Check Total: 2.030.17 AP -00079905 MW ALLTIZER POWDER COATING UNDERGROUND REP PIPEICVRS#MHLS 2001 - 6052 456.75 Check Total: 456.75 AP- 00079906 MW ALPEN SIERRA COFFEE GEN & ADMIN OFC SUPPLY ISSUE 1000 - 6081 153.08 Check Total: 153.08 AP- 00079907 MW AMERIPRIDE UNIFORM SERVICES GEN & ADMIN UNIFORM PAYABLE 1000 - 2518 96727 Check Total: 967.27 AP -00079908 MW 1 rn RIZONA INSTRUMENT CORP OPERATIONS SERVICE CONTRACT 1006 - 6030 975.00 i Check Total: 975.00 AP-00079909 MW AT &T MOBILITY ELECTRICAL SHOP TELEPHONE 1003 - 6310 5.60 AT &T MOBILITY ENGINEERING TELEPHONE 1029 - 6310 19.63 AT &T MOBILITY ELECTRICAL SHOP TELEPHONE 2003 - 6310 5.59 AT &T MOBILITY ENGINEERING TELEPHONE 2029 - 6310 19.63 Check Total: 50.45 AP-00079910 MW AT &T /CALNET 2 GEN & ADMIN TELEPHONE 1000 - 6310 344.23 AT &T /CALNET 2 PUMPS TELEPHONE 1002 - 6310 66.75 AT &T /CALNET 2 OPERATIONS TELEPHONE 1006 - 6310 31.12 AT &T /CALNET 2 CUSTOMER SERVICE TELEPHONE 1038 - 6310 7.14 AT &T /CALNET 2 GEN & ADMIN TELEPHONE 2000 - 6310 344.22 AT &T/CALNET 2 PUMPS. TELEPHONE 2002 - 6310 51.28 AT &T /CALNET 2 CUSTOMER SERVICE TELEPHONE 2038 - 6310 7.14 Check Total: 851.88 AP- 00079911 MW BB &H BENEFIT DESIGNS HUMAN RESOURCES CONTRACT SERVICE 1022 - 4405 1,249.00 User: THERESA Report: OH_PMT_CLAIMS_BK Page: 1 Current Date: 07/28/2011 Current Time: 10:12:34 Vendor Name BB&H BENEFIT DESIGNS BENTLY AGROWDYNAMICS BLUE RIBBON TEMP PERSONNEL BLUE RIBBON TEMP PERSONNEL BLUE RIBBON TEMP PERSONNEL BURDICK EXCAVATING CO BURDICK EXCAVATING CO CALIF DEPT OF CONSUMER AFFAIR CALIF DEPT OF CONSUMER AFFAIR DW -G CORP ICDW -G CORP CDW-G CORP CDW-G CORP CHATHAM, JASON DIVERSIFIED CONCRETE CUTTING INC DIY HOME CENTER DIY HOME CENTER DIY HOME CENTER DIY HOME CENTER DIY HOME CENTER DIY HOME CENTER Deparbnent / Proj Name HUMAN RESOURCES OPERATIONS PAYMENT OF CLAIMS LISSRdidign CONTRACT SERVICE SLUDGE DISPOSAL UNDERGROUND REP CONTRACT SERVICE UNDERGROUND REP - METERS,GLDN BEARAETERS,GLDN BEAR CUSTOMER SERVICE CONTRACT SERVICE GEN & ADMIN - GRIZZLY MT WTRLN ENGINEERING - GRIZZLY MT WTRLN ENGINEERING ENGINEERING INFORMATION SYS INFORMATION SYS INFORMATION SYS INFORMATION SYS UNDERGROUND REP UNDERGROUND REP - HEAVY MAINT DIAMOND VLY RNCH UNDERGROUND REP UNDERGROUND REP UNDERGROUND REP HEAVY MAINTENANC CONST RETAINAGE WTRLN,GRIZ MTN DUES/MEMB/CERT DUES/MEMB/CERT OFFICE SUPPLIES DIST.COMP SPPLIS OFFICE SUPPLIES DIST.COMP SPPLIS TRAVEL/MEETINGS SIERRA AVE WTRLNWTLN,IN HS UPSIZ GROUNDS & MNTC GROUNDS & MNTC SHOP SUPPLIES SMALL TOOLS - METERS,GLDN BEARAETERS,GLDN BEAR BUILDINGS AcecB / Rrol Cnde Arnaud rebssIslium URI. 2022 - 4405 1,249.00 Check Total: 2.498.00 AP- 00079912 MW 1006 - 6652 3,211.60 Check Total: 3.211.60 AP-00079913 MW 2001 -4405 1,507.20 2001 - 7093 - GOLDEN 1,919.34 2038 - 4405 1,934.24 Check Total: 5.360.7$ AP-00079914 MW -52,843.05 528,430.36 2000 - 2605 - GRIZWL 2029 - 8229 - GRIZWL Check Total: 475.58711 AP- 00079915 MW 2029 - 6250 67.50 Check Total: 67.50 AP-00079916 MW 2029 - 6250 270.00 Check Total: 270.00 AP-00079917 MW 1037 - 4820 51.73 1037 - 4840 15.95 2037 - 4820 51.73 2037 - 4840 15.93 Check Total: 135.34 AP- 00079918 MW 1001 - 6200 50.17 Check Total: 50.17 AP- 00079919 MW 2001 - 8905 - SIERRA 693.00 Check Total: AP- 00079920 MW a � 1004 - 6042 41.69 1028 - 6042 53.53 2001 - 6071 15.49 2001 - 6073 48.53 2001 - 7093 - GOLDEN 93.38 2004 - 6041 9.69 Check Total: 260.31 AP- 00079921 MW User: THERESA Report: OH PMT_CLAIMS_BK Page: 2 Current Date: 07/28/2011 Current Time: 10:12:34 Vendor Name ELECTRICAL EQUIPMENT CO INC ERS INDUSTRIAL SERVICES INC ERS INDUSTRIAL SERVICES INC FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FGL ENVIRONMENTAL FRONTIER GLOBAL DATA SPECIALISTS J 04 'GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER GRAINGER GSE CONSTRUCTION CO INC GSE CONSTRUCTION CO INC HACH CO HACH CO PAYMENT OF CLAIMS Department / Proj Name ENGINEERING - TWIN PEAKS BS GEN & ADMIN - FILTER ASSMNT ENGINEERING - FILTER ASSMNT ENGINEERING - REPL GEN, LPPS UNDERGROUND REP PUMPS PUMPS LABORATORY DIAMOND VLY RNCH ENGINEERING - ECHO TANK REPL GEN & ADMIN GEN & ADMIN GEN & ADMIN GEN & ADMIN PUMPS HEAVY MAINT HEAVY MAINT HEAVY MAINT HEAVY MAINTENANC GEN & ADMIN - HEADWORKS ENGINEERING - HEADWORKS LABORATORY LABORATORY Description BSTR, TWN PEAKS CONST RETAINAGE REHAB FLTR 5&6 REPL GEN LPPS SMALL TOOLS WELLS PUMP STATIONS Acct# / Proj Code 2029 - 7070 - TPBSTR Check Total: 1000 - 2605 - FILTER 1029 - 8066 - FILTER Check Total: 1029 - 8933 - RGLPPS 2001 - 6073 2002 - 6050 2002 - 6051 MONITORING 2007 - 6110 TELEPHONE 1028 - 6310 TANK, ECHO Check Total: Amount Check Num IxRt 250.43 250.44 AP- 00079922 MW - 2,530.17 25,302.03 22.771.66 85.54 14.00 89.22 75.77 AP- 00079923 MW 284.53 AP-00079924 MW 100.00 Check Total: 100.00 AP- 00079925 Check Total: 2029 - 8809 - ECHOTK SHOP SUPPLY INV 1000 - 0421 JANIT/SUPPLY INV 1000 - 0422 SMALL TOOLS INV 1000 - 0423 SAFETY INVENTORY 1000 -0425 PUMP STATIONS 1002 - 6051 FILTER EQ/BLDG 1004.6023 BUILDINGS 1004 - 6041 GROUNDS & MNTC 1004 - 6042 BUILDINGS 2004 - 6041 CONST RETAINAGE HDWKS IMP PROJ LAB SUPPLIES LAB SUPPLIES Check Total: Check Total: 1000 - 2605 - HDWORK 1029 - 8033 - HDWORK Check Total: 1007 - 4760 2007 - 4760 166.47 MW 166.47 AP- 00079926 MW 4,165.00 4.165_(10 504.08 476.47 237.85 119.39 3,161.38 3,029.51 275.67 171.41 306.71 AP -00079927 MW 8.282.47 AP- 00079928 MW - 56,613.06 566,131.80 509- 8.74 AP-00079929 MW 57.78 57.78 Check Total: 11.56 AP- 00079930 MW User: THERESA Report: OH_PMT_CLAIMS_BK Page: 3 Current Date: 07/28/2011 Current Time: 10:12:34 Vendor Name HAEN ENGINEERING HARDY DIAGNOSTICS HARDY DIAGNOSTICS HAROLD HUTSON HAUGE BRUECK ASSOCIATES LLC HIGH SIERRA BUSINESS SYSTEMS HIGH SIERRA BUSINESS SYSTEMS HIGH SIERRA BUSINESS SYSTEMS HIGH SIERRA BUSINESS SYSTEMS HIGH SIERRA BUSINESS SYSTEMS HIGH SIERRA BUSINESS SYSTEMS ;11IGH SIERRA BUSINESS SYSTEMS t0 !HIGH SIERRA BUSINESS SYSTEMS Home Depot Credit Services INTERSTATE SAFETY & SUPPLY KG WALTERS CONSTRUCTION KG WALTERS CONSTRUCTION KINGSBURY GENERAL IMPROVEMENT LES SCHWAB TIRES LIBERTY ENERGY LIBERTY ENERGY PAYMENT OF CLAIMS Department / Pro' Name ENGINEERING - GRIZZLY MT BSTR aoudad= GRIZ MTN BSTR LABORATORY LAB SUPPLIES LABORATORY LAB SUPPLIES UNDERGROUND REP PIPE/CVRS/MHLS ENGINEERING - DVR IRRIG IMPRVS DVR IRR IMPRVMNT OPERATIONS SERVICE CONTRACT ADMINISTRATION SERVICE CONTRACT ENGINEERING SERVICE CONTRACT FINANCE SERVICE CONTRACT LABORATORY SERVICE CONTRACT ADMINISTRATION SERVICE CONTRACT ENGINEERING SERVICE CONTRACT FINANCE SERVICE CONTRACT HEAVY MAINT SMALL TOOLS GEN & ADMIN GEN & ADMIN - ERB LINER REPL ENGINEERING - ERB LINER REPL GEN & ADMIN - USFS GRNT ADMIN EQUIPMENT REPAIR GEN & ADMIN GEN & ADMIN SHOP SUPPLY INV CONST RETAINAGE REPLACE ERB LINE SUSPENSE AUTOMOTIVE ELECTRICITY ST LIGHTING EXP AcctI / Proi Code 2029 - 8176 - GRIZBS Check Total: 1007-4760 2007-4760 2001-6052 Check Total: Check Total: 1029 - 8161 - DVRIIP Check Total: 1006 - 6030 1021 - 8030 1029 - 6030 1039 - 6030 2007 - 6030 2021 - 6030 2029 - 6030 2039 - 6030 1004 - 6073 1000 - 0421 Check Total: Check Total: Check Total: 1000 - 2605 - ERBLNR 1029 - 7581 - ERBLNR Check Total: 2000 - 2504 - SMOKEY Check Total: 2005 - 6011 1000 - 8330 1000 - 6740 Check Total: AM2lint Chasktium Tux 875.00 875.00 AP- 00079931 MW 233.32 246.02 479.34 AP -00079932 MW 20,279.95 20279.95 AP- 00079933 MW 12,501.50 12.501.50 AP- 00079934 54.67 249.73 284.37 13.11 54.66 249.73 284.37 13.10 1.203.74 AP-00079935 24627 246.27 AP-00079936 156.26 158,1 AP- 00079937 - 6,538.52 65,385.20 _WAWA 7,802.05 7.802.05 678.09 AP- 00079938 AP- 00079939 678.09 AP -00079940 62,586.86 1,510.83 MW MW MW MW MW MW User: THERESA Report: OH PMT_CLAIM3 BK Page: 4 Current Date: 07/28/2011 Current Time: 10:12:34 Vendor Name LIBERTY ENERGY PAYMENT OF CLAIMS Department / Proj Name Deacriotlon Acct# I Proj Code Amount Check Num IXRe GEN & ADMIN ELECTRICITY 2000 - 6330 34,340.68 Check Total: 98.41847 AP-00079941 MW MC MASTER CARR SUPPLY CO PUMPS PUMP STATIONS 1002 - 6051 314.60 MC MASTER CARR SUPPLY CO PUMPS SHOP SUPPLIES 1002 - 6071 13.47 MC MASTER CARR SUPPLY CO PUMPS SMALL TOOLS 1002 - 6073 100.61 MC MASTER CARR SUPPLY CO HEAVY MAINT SECONDARY EQUIP 1004 - 6022 268.64 MC MASTER CARR SUPPLY CO PUMPS WELLS 2002 - 6050 313.98 MC MASTER CARR SUPPLY CO PUMPS PUMP STATIONS 2002 - 6051 314.60 MC MASTER CARR SUPPLY CO PUMPS SHOP SUPPLIES 2002 - 6071 13.47 MC MASTER CARR SUPPLY CO PUMPS SMALL TOOLS 2002 - 6073 100.62 MC MASTER CARR SUPPLY CO PUMPS BLK BRT BSTR UPG 2002 - 8169 388.48 Check Total: 1.828.47 AP -00079942 MW METRO OFFICE SOLUTIONS GEN & ADMIN OFFICE INVENTORY 1000 - 0428 220.38 METRO OFFICE SOLUTIONS ENGINEERING OFFICE SUPPLIES 1029 - 4820 91.70 METRO OFFICE SOLUTIONS INFORMATION SYS OFFICE SUPPLIES 1037.4820 132.21 c2AETRO OFFICE SOLUTIONS FINANCE OFFICE SUPPLIES. 1039 - 4820 15.05 I�AETRO OFFICE SOLUTIONS ENGINEERING OFFICE SUPPLIES 2029 - 4820 91.68 METRO OFFICE SOLUTIONS INFORMATION SYS OFFICE SUPPLIES 2037 - 4820 132.21 METRO OFFICE SOLUTIONS FINANCE OFFICE SUPPLIES 2039 - 4820 15.05 Check Total: 698,2$ AP-00079943 MW MWH LABORATORIES LABORATORY MONITORING 1007 - 6110 680.00 MWH LABORATORIES LABORATORY MONITORING 2007 - 6110 180.00 Check Total: 860.00 AP -00079944 MW OFFICE DEPOT GEN & ADMIN OFFICE INVENTORY 1000 - 0428 245.54 Check Total: 245.54 AP- 00079945 MW OLIN CORPORATION OPERATIONS HYPOCHLORITE 1006 - 4755 3,845.62 Check Total: 3.845.62 AP-00079946 MW ONTRAC LABORATORY POSTAGE EXPENSES 1007 - 4810 76.25 ONTRAC LABORATORY POSTAGE EXPENSES 2007 - 4810 45.25 OUTSIDE TELEVISION DIO - PR EXP- EXTERNAL PUB RELATIONS Check Total: 121.50 AP- 00079947 MW 1027 - 6620 - PREEXT 1,561.25 Check Total: 1.56125 AP- 00079948 MW User: THERESA Report: OH_PMT_CLAIMS_BK Page: 5 Current Date: 07/28/2011 Current Tine: 10:12:34 Vendor Name PRAXAIR 174 PRO LEISURE PRO LEISURE PUMPWORKS LLC. REDWOOD PRINTING REDWOOD PRINTING REDWOOD PRINTING RELIANCE STANDARD RELIANCE STANDARD RICH'S SMALL ENGINE SERVICE RICH'S SMALL ENGINE SERVICE PAYMENT OF CLAIMS Department / Proj Name HEAVY MAINT ADMINISTRATION ADMINISTRATION PUMPS ENGINEERING - SNOWSHOE DITCH R ENGINEERING - BIJOU MEADOWS ER ENGINEERING - DEMO FP,COLD CRK GEN & ADMIN GEN & ADMIN PUMPS PUMPS SCHAFER, ERIC BOARD OF DIR SCOTT FRIEDEL OFFICE MACHINES ENGINEERING SCOTT FRIEDEL OFFICE MACHINES ENGINEERING SIERRA CHEMICAL CO SIERRA FOOTHILL LABORATORY SIERRA NEVADA CONSTRUCTION SIERRA SPRINGS SIERRA SPRINGS SIERRA SPRINGS PUMPS LABORATORY ENGINEERING - REPL GEN, LPPS PUMPS DIAMOND VLY RNCH CUSTOMER SERVICE n SHOP SUPPLIES INCNTV & RCGNTN INCNTV & RCGNTN PUMP STATIONS SNOSHU REPAIR BIJOU ECP CC FLTR PLANT LIFE INS MGMT LNG TRM DIS,MGMT SMALL TOOLS SMALL TOOLS TRAVEL/MEETINGS OFFICE SUPPLIES OFFICE SUPPLIES HYPOCHLORITE MONITORING REPL GEN LPPS SUPPLIES SUPPLIES SUPPLIES Ate/ Proj Code 1004 - 6071 Check Total: Amami OWLS= Typg, 141.37 141.37 AP-00079949 MW 1021 - 6621 178.46 2021 - 6621 178.45 Check Total: 358.91 AP- 00079950 MW 2002 - 6051 750.00 Check Total: AP- 00079951 MW 1029 - 7075 - SNOBLO 1029 - 8287 - ECBUM 2029 - 7091 - DEMOFP Check Total: 1000 - 2525 1000 -2531 1002 - 6073 2002 - 6073 1019-6200 1029 - 4820 2029 - 4820 2002 - 4755 1007-6110 Check Total: 750.00 221.35 221.34 4.53 44721 AP- 00079952 MW 1,023.70 2,538.96 3.582.66 AP- 00079953 16.17 16.16 Check Total: 32.33 AP- 00079954 MW 218.00 Check Total: 21z AP- 00079955 MW 18.75 18.75 Check Total: 37.50 AP- 00079956 MW 3,869.39 Check Total: 3.869:39 AP-00079957 MW 245.00 Check Total: 1029 - 8933 - RGLPPS Check Total: 1002 - 6520 1028 - 6520 1038 - 6520 245.00 8,089.10 8.089.1.0 24.62 24.62 12.88 AP-00079958 MW AP- 00079959 MW User: THERESA Report: OH_PMT_CLAIMS_BK Page: 6 Current Date: 07/28/2011 Current Thee: 10:12:34 Vendor Name SIERRA SPRINGS SIGNS OF TAHOE SOUND STRATEGIES /OFC INC. SOUND STRATEGIES /OFC INC. SOUTHWEST GAS SOUTHWEST GAS SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & ,SUBSTITUTE PERSONNEL & I SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & TAHOE BLUEPRINT TAHOE BLUEPRINT TAHOE BLUEPRINT TAHOE MOUNTAIN NEWS TAHOE MOUNTAIN NEWS PAYMENT OF CLAIMS Department / Proj Name CUSTOMER SERVICE ENGINEERING - ERB LINER REPL DIO DIO GEN & ADMIN GEN & ADMIN UNDERGROUND REP LABORATORY ENGINEERING INFORMATION SYS UNDERGROUND REP LABORATORY ENGINEERING ENGINEERING - WT METERING PRJ ENGINEERING - IROQUOIS SUPPLY ENGINEERING - GRIZZLY MT BSTR ENGINEERING - IROQUOIS SUPPLY INFORMATION SYS CUSTOMER SERVICE CUSTOMER SERVICE - WTR CONS PROG ENGINEERING - SNOWSHOE DITCH R ENGINEERING - CATH PROT -SWR ENGINEERING - BIJOU MEADOWS ER DIO - PR EXP- EXTERNAL DIO - PR EXP- EXTERNAL Description SUPPLIES REPLACE ERB LINE CONTRACT SERVICE CONTRACT SERVICE NATURAL GAS NATURAL GAS CONTRACT SERVICE CONTRACT SERVICE CONTRACT SERVICE CONTRACT SERVICE CONTRACT SERVICE CONTRACT SERVICE CONTRACT SERVICE WTR METERING/NEW WTLN IROQ GRIZ MTN BSTR BSTR STN IROQ CONTRACT SERVICE CONTRACT SERVICE WTR CONS EXPENSE SNOSHU REPAIR CATH PROT BIJOU ECP PUB RELATIONS PUB RELATIONS Acct# / Proj Code 2038 - 6520 Check Total: 1029 - 7581 - ERBLNR Check Total: 1027 - 4405 2027 - 4405 Check Total: 1000 - 6350 2000 - 6350 Check Total: 1001 - 4405 1007 - 4405 1029 - 4405 1037 - 4405 2001 - 4405 2007 - 4405 2029 - 4405 2029 - 7078 - METERS 2029 - 8166 - IQWTRL 2029 - 8176 - GRIZBS 2029 - 8967 - IQWTRL 2037 - 4405 2038 - 4405 2038 - 6660 - WCPROG Check Total: 1029 - 7075 - SNOBLO 1029 - 8133 - CATSWR 1029 - 8287 - ECBIJM Check Total: 1027 - 6620 - PREEXT 2027 - 6620 - PREEXT Check Total: Amount Check Num ZyPQ 12.69 74.61 AP- 00079960 MW 100.00 100.00 49.00 49.00 98.00 22.00 33.00 55.OD 2,193.60 288.52 274.41 417.28 3,057.34 477.36 243.92 30.49 91.47 335.38 91.47 417.28 1,027.60 1,067.60 9.993.72 19.40 1,697.28 49.39 1.738.07 AP- 00079965 MW AP-00079961 MW AP-00079962 MW AP- 00079963 MW AP- 00079964 MW 262.50 262.50 525110 AP -00079966 MW User: THERESA Report: OH PMT_CLAIMS_BK Page: 7 Current Date: Current Time: 07/28/2011 10:12:34 TAHOE PRINTING TAHOE PRINTING TECHNICON ENGINEERING SERVICES TECHNICON ENGINEERING SERVICES THOMAS HAEN CO INC THOMAS HAEN CO INC THOMAS HAEN CO INC THOMAS HAEN CO INC THOMAS HAEN CO INC THOMAS HAEN CO INC UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT m i USA BLUE BOOK WATER ENVIRONMENT FEDERATION WATER ENVIRONMENT FEDERATION WEDCO INC WEDCO INC WEDCO INC WESTERN ENVIRONMENTAL PAYMENT OF CLAIMS Department / Proj Name LABORATORY LABORATORY GEN & ADMIN - DVR MONIT WELLS ENGINEERING - DVR MONIT WELLS GEN & ADMIN - DEMO FP,COLD CRK GEN & ADMIN - DEMO RALPH TANK GEN & ADMIN - GRIZZLY MT BSTR ENGINEERING - DEMO RALPH TANK ENGINEERING - DEMO FP,COLD CRK ENGINEERING - GRIZZLY MT BSTR CUSTOMER SERVICE CUSTOMER SERVICE HEAVY MAINT ADMINISTRATION ADMINISTRATION ELECTRICAL SHOP ELECTRICAL SHOP ELECTRICAL SHOP LABORATORY Dana Iplism OFFICE SUPPLIES OFFICE SUPPLIES CONST RETAINAGE MON WLS DVR/ALPC CONST RETAINAGE CONST RETAINAGE CONST RETAINAGE RALPH TANK CC FLTR PLANT GRIZ MTN BSTR DUES/MEMB/CERT DUES/MEMB/CERT GROUNDS & MNTC DUES/MEMB/CERT DUES/MEMB/CERT PUMP STATIONS WELLS SHOP SUPPLIES MONITORING Ago* / Proj Code 1007 - 4820 2007 - 4820 Check Total: 1000 - 2605 - ALPMWS 1029 - 8136 - ALPMWS Check Total: 2000 - 2605 - DEMOFP 2000 - 2605 - DEMORT 2000 - 2605 - GRIZBS 2029 - 7090 - DEMORT 2029 - 7091 - DEMOFP 2029 - 8176 - GRIZBS Check Total: 1038 - 6250 2038 - 6250 1004 - 6042 1021 - 6250 2021 - 6250 1003 - 6051 2003 - 6050 2003 - 6071 1007 -6110 Amount Check Nt1tn Um 63.76 63.76 12742 AP- 00079967 MW - 2,110.45 21,104.50 18.994.05 AP- 00079968 MW - 1,371.00 - 332.00 - 9,354.69 3,320.00 13,710.00 93,547.30 99.519.81 AP- 00079969 MW 250.00 250.00 Check Total: 500.00 AP- 00079970 MW Check Total: Check Total: Check Total: 189.42 189.42 AP- 00079971 MW 110.00 110.00 220.00 AP- 00079972 MW 24.38 182.72 123.35 330.45 AP- 00079973 MW 240.00 Check Total: 240.00 AP- 00079974 MW Grand Total: 1,402,272.80 User: THERESA Report: OH_PMT_CLAIMS BK Page: 8 Current Date: 07/28/2011 Current Time: 10:12:34 Vendor WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY WESTERN NEVADA SUPPLY Payment of Claims American Express EFT GEN & ADMIN - SADDLES INV GEN & ADMIN - REPAIR CLMP INV UNDERGROUND REP - METERS,GLDN BEAR HEAVY MAINTENANC - BUILDINGS HEAVY MAINTENANC - BUILDINGS UNDERGROUND REP - METERS,GLDN BEAR UNDERGROUND REP - PIPE/CVRS/MHLS HEAVY MAINTENANC - BUILDINGS PUMPS - PUMP STATIONS HEAVY MAINT - GROUNDS & MNTC UNDERGROUND REP - SMALL TOOLS OH_PAY_CLAIMS_AE - OH Payment of Claims AmerEx <1.00> THERESA - Theresa Sherman Acct#/Proj Code Amalint 2000 - 0407 Inv#: . 14977771 4,143.19 2000 - 0406 Inv#: 14977771- 1,857.21 2001- 7093 - GOLDEN Inv#: 34973215 267.71 2004 - 6041 Inv#: 34978734 83.96 2004 - 6041 Inv#: 34979095 240.72 2001 - 7093 - GOLDEN Inv#: 34979929 997.01 2001 - 6052 Inv#: 34983720 288.77 2004 - 6041 Inv#: 34985540 463.76 2002 - 6051 Inv#: 34990519 430.35 1004 - 6042 Inv#: 34990869 364.45 2001 - 6073 Inv#: 34992050 100.80 Report Total: 9,237.93 07/28/2011 10:28:31 South Tahoe Public Utility District General Manager Mehanl Ft Solboig Gfroctors .ChtisCehdu James R. Jones Mary Lou Mosbadwr Dale Rise Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544- 6474 • Fax 530 541 -0614 • www.stpud.Lls BOARD AGENDA ITEM 13a TO: Board of Directors FROM: Richard So!brig, General Manager MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: 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: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virginia ex rel. John Hendrix v. J -M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CV06-0055 -GW, United States District Court for the Central District of California. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES CATEGORY: Water General Manager Richatti FL Solbrig South Proctors James R Jones Public Utility District Mary Lou Moebsclsor Digo 1458 Eric Schafer 1275 Meadow Crest Drive • 5outh Lake Tahoe • CA 96150 -7401 Phone 530 544-6474. Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM 13b TO: Board of Directors FROM: Richard Solbrig, General. Manager MEETING DATE: August 4, 2011 ITEM - PROJECT NAME: 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: Los Angeles County Superior Court, Case No. BC459943, State of Nevada, et al. v. J -M Manufacturing, et al. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES : ; NO CHIEF FINANCIAL OFFICER: YES NO -87- CATEGORY: