AP 09-21-11 Special Meeting1)
SOUTH TAHOE PUBLIC UTILITY DISTRICT
NOTICE OF SPECIAL BOARD MEETING
Wednesday, September 21, 2011
10:30 A.M.
District Board Room
1275 Meadow Crest Drive, South Lake Tahoe, California
Richard Soibri., General Mana. =r Paul Sciuto, Assistant General Mana
r
Dale Rise, President
Chris Cefalu, Director
BOARD MEMBERS
James R. Jones, Director
1. CALL SPECIAL MEETING TO ORDER
Mary Lou Mosbacher, Vice President
Eric W. Schafer, Director
Note: Director Jones will participate in the meeting via teleconference from the following location:
Denney's Restaurant, 6000 N. Panam Expressway, San Antonio, TX 78211 -2737
2. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION
a. Asphalt Patching Services Project
(Jim Hoggatt)
b. Asphalt Patching Services Contract/
2011 Grizzly Mountain Booster Station
J a r; Project
(Jim Hoggatt)
(1) Hold a Public Hearing to Consider
Termination of Harold Hutson
Construction's Further Performance
Under the Asphalt Patching Services
Contract;
(2) Find that Harold Hutson
Construction's Default Under the
Asphalt Patching Services Contract is
Material and Justifies Termination of
Further Performance;
(3) Terminate Harold Hutson
Construction's Further Performance
Under Asphalt Patching Services
Contract
(1) Determine an Emergency Exists
Pursuant to Section 1102 of the
Public Contract Code;
(continued on next page)
SPECIAL BOARD MEETING AGENDA — SEPTEMBER 21, 2011 PAGE — 2
b. Asphalt Patching Services Contract/ (continued from previous page)
2011 Grizzly Mountain Booster Station (2) Determine Substantial Evidence
Project has been Presented to Authorize an
Exception be Made to Section 22050
of the Public Contract Code that this
Emergency will not Permit a Delay
Resulting from a Competitive
Solicitation for Bids and that this
Action is Necessary to Respond to
the Emergency;
(3) Approve Change Order No. 1 to
2011 Grizzly Mountain Booster Station
Project Contract, to Thomas Haen
Company Inc., in the Amount of
$40,000, for the Asphalt Patching
I) , O _ / / Services
'575-
3. ADJOURN TO CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(b) (1) /Conference with Legal Counsel -
Pending Litigation (One Case)
4. RECONVENE TO OPEN SESSION
5. ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION
6. ADJOURNMENT : )Q
Public participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda
item is heard. Backup to any agenda item(s) not included with the Board packet will be made available when finalized
at the District office, at the Board meeting, and upon request to the Clerk of the Board.
The meeting location is accessible to people with disabilities. Every reasonable effort will be made to accommodate participation of
the disabled in all of the Districts 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 • 1275 Meadow Crest Drive • South Lake Tahoe, CA 96150
Phone 530.544.6474 • Facsimile 530.541.0614 • www.stpud.us
SOUTH TAHOE PUBLIC UTILITY DISTRICT
NOTICE OF SPECIAL BOARD MEETING
Wednesday, September 21, 2011
10:30 A.M.
District Board Room
1275 Meadow Crest Drive, South Lake Tahoe, California
Richard Solbri • . General Mana
Dale Rise, President
Chris Cefalu, Director
BOARD MEMBERS
James R. Jones, Director
1. CALL SPECIAL MEETING TO ORDER
2. ITEMS FOR BOARD ACTION
Paul Sciuto, Assistant General Mana
r
•
Mary Lou Mosbacher, Vice President
Eric W. Schafer, Director
REQUESTED BOARD ACTION
a. Asphalt Patching Services Project
Pg.1 (Jim Hoggatt)
b. Asphalt Patching Services Contract/
Pg. 15 2011 Grimly Mountain Booster Station
Project
(Jim Hoggatt)
(1) Hold a Public Hearing to Consider
Termination of Harold Hutson
Construction's Further Performance
Under the Asphalt Patching Services
Contract;
(2) Find that Harold Hutson
Construction's Default Under the
Asphalt Patching Services Contract is
Material and Justifies Termination of
Further Performance;
(3) Terminate Harold Hutson
Construction's Further Performance
Under Asphalt Patching Services
Contract
(1) Determine an Emergency Exists
Pursuant to Section 1102 of the
Public Contract Code;
(continued on next page)
SPECIAL BOARD MEETING AGENDA — SEPTEMBER 21, 2011
PAGE — 2
b. Asphalt Patching Services Contract/
2011 Grizzly Mountain Booster Station
Project
3. ADJOURN TO CLOSED SESSION
(continued from previous page)
(2) Determine Substantial Evidence
has been Presented to Authorize an
Exception be Made to Section 22050
of the Public Contract Code that this
Emergency will not Permit a Delay
Resulting from a Competitive
Solicitation for Bids and that this
Action is Necessary to Respond to
the Emergency;
(3) Approve Change Order No. 1 to
2011 Grizzly Mountain Booster Station
Project Contract, to Thomas Haen
Company Inc., in the Amount of
$40,000, for the Asphalt Patching
Services
a. Pursuant to Government Code Section 54956.9(b) (1) /Conference with Legal Counsel —
Pg. Pending Litigation (One Case)
19
4. RECONVENE TO OPEN SESSION
5. ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION
6. ADJOURNMENT
Public participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda
item is heard. Backup to any agenda item(s) not included with the Board packet will be made available when finalized
at the District office, at the Board meeting, and upon request to the Clerk of the Board.
The meeting location is accessible to people with disabilities. Every reasonable effort will be made to accommodate participation of
the disabled in all of the District's public meetings. If particular accommodations for the disabled are needed (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 • 1275 Meadow Crest Drive • South Lake Tahoe, CA 96150
Phone 530.544.6474 • Facsimile 530.541.0614 • www.stpud.us
General Manager
Richard K wig
South Dinrctore
James R Jones
Public Utility District May Lou Mosbacher
Dila Rise
Eric Schafer
1275 Meadow Crest Drive • South Lake Tahoe • CA 961504401
Phone 530 544- 6474 • Fax 530541-0614• www.stpud.us
BOARD AGENDA ITEM 2 a.
TO: Board of Directors
FROM: Jim Hoggatt, Construction Manager /Engineer
MEETING DATE September 21, 2011
ITEM - PROJECT NAME: Asphalt Patching Services Project
REQUESTED BOARD ACTION: (1) Hold a Public Hearing to consider termination of Harold
Hutson Construction's further performance under the Asphalt Patching Services
contract; (2) And that Harold Hutson Construction's default under the Asphalt Patching
Services contract is material and justifies termination of further performance; (3)
Terminate Harold Hutson Construction's further performance under Asphalt Patching
Services contract.
DISCUSSION: At its June 2, 2011 Regular Meeting, the Board awarded the Asphalt
Patching Services Contract to Harold Hutson Construction (HHC). On August 30, 2011,
District Staff met with HHC regarding concerns that inspections indicated that HHC's
patch installations did not conform to the District's specifications.
After that meeting, District staff obtained information from Tahoe Asphalt regarding
nonconformance of the asphalt mix used by HHC and, as a result, obtained and sent
core samples from HHC's patching jobs to Construction Materials Engineering, Inc., for
testing. The District obtained information from Tahoe Asphalt indicating that
approximately two thirds of the asphalt truck loads purchased by HHC did not conform
to the District's specifications. The results of CME's testing indicate many, if not all of the
patches do not meet the District's specifications for the asphalt mix design and /or
asphalt thickness. Further, HHC's performance did not conform with the Contract
specifications for the following reasons:
• HHC did not saw cut all patch installations, as required by the Contract;
• HHC left open patches overnight and during weekends, contrary to the Contract
specifications; and
• HHC failed to provide proper OSHA required safety equipment for working in
traffic flow i.e., reflective vests and hard hats.
As the patchwork undertaken by HHC has not been completed in substantial
conformance with the Contract specifications, the patching work is further not in
compliance with the Contract requirement that patching be completed within 10
working days of the receipt of a work order.
-1-
Page 2
On these bases, by letter of September 16, 2011, District staff informed HHC that it was in
default, under the terms of the Asphalt Patching Services contract. The letter further
directed HHC to provide the District with assurances of completion and a schedule,
acceptable to District staff, pursuant to which HHC will cure the defects in the
completed work In order to comply-with The Lontract specifications and complete the
remaining patching, by 9:00 am PDT on Wednesday, September 21, 2011.
If, in the judgment of District staff, HHC has not provided such assurances and schedule,
pursuant to the terms of the contract, the District staff will request that the District's
Board of Directors terminate HHC's obligation of further performance under the
contract. District staff will also request authorization to procure asphalt patching
services from another source to bring the nonconforming patching work into
compliance with contract specifications and complete any further patching work
required this year.
SCHEDULE: As soon as possible
COSTS: None
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Letter to Mr. Hutson dated 09/16/11
CONCURRENCE WITH REQUESTED ACTION:
GENERAL MANAGER: YES
CHIEF FINANCIAL OFFICER: YES
NO
NO
-2-
CATEGORY: General
South Tahoe
Public Utility District
September 16, 2011
Harold Hutson
Harold Hutson Construction
PO Box 128
Crockett, CA 94525
Re: Asphalt Patching Services
Dear Mr: Hutson:
1275 Meadow C._rst Dries • ith I akp Tahoe • C 961 7401
Phone 530 544- 6474 • Fax 530 541 - 0614.9 www stpud.us
Via Email & U.S. Mail
(Return Receipt)
The District has received and responds to your letter of September 14, 2011. As described '
below, through this letter the District places Harold Hutson Construction (HHC) on notice that it
is in default, pursuant to the terms of the Asphalt. Patching Services Contract ("Contract"). On
that basis, District staff will request that the District Board of Directors terminate HHC's
obligation to perform further asphalt patching services under the Contract.
Background
At its June 2, 2011 Regular Meeting, the Board awarded the Asphalt Patching Services.Contract
to HHC. On June 10, 2011, the District issued Purchase Order No. P24132 for Asphalt Patching •
Services, after which HHC began work. On August 30, 2011, District Staff met with you
regarding concerns with your patch installations after inspections indicated that those patches did
not conform to the District's specifications. .
Following the August 30, 2011 meeting, the District sent you a letter, dated September 2, 2011,
which described several instances in which your asphalt patching did not conform to the Contract
specifications. The letter indicated that the District would hold HHC responsible to repave
and/or repair these patches in conformance with the specifications and details, and indicated that
• the District would not, at that time, be providing HHC with any additional patch repairwork.
The letter did not state that the District was terminating the Contract. Finally, the District's
September 2, 2011 letter additionally requested all invoices from Tahoe Asphalt showing the
type of asphalt mix that you purchased and installed during your work.
On September 6, 2011, the District received your letter of the same date, indicating the receipt of
the District's September 2; 2011 letter. In the September 6, 2011 letter, you requested the
locations of the three asphalt cores taken by the District that did not meet the minimum thickness
September 16, 2011 •
'Page 1
requirements of the District's specifications. You further requested permission to take core
samples from every patch location HHC had installed. Finally, though the District had not
terminated the Contract, your September 6, 2011 letter requested that District staffreconsider the
termination of the Contract and asking that the matter be placed on the agenda for the District -
Board of Directors' September 15, 2011 Regular Meeting.
The District responded to your September 6, 2011 letter by a September 9, 2011 letter from
Randy Curtis confirming that the District was not, at that time, requesting HHC to perform any
additional asphalt patch installations to those begun prior to September 2, 2011. The letter
indicated that, after the District received final results from the August 31, 2011 asphalt core tests
performed by Construction Materials Engineering (CME), the District would provide HHC with
copies of those results, and declined your request to take core samples of all of your patch •
installations. The September 9, 2011 letter reiterated the District's prior request that HHC
provide its invoices from Tahoe Asphalt: showing the asphalt mix design that was, purchased for
District patch installations. Finally, the letter indicated that you could address the Board during
the Public Comment portion of the September 15, 2011 Regular Board Meeting and that your
request to be heard by the Board could be agendized for the October 6, 2011 meeting, so long as
you requested the same by September 27, 2011.
On September 14, 2011, the District received your letter of the same date, which again asked that
District staff reconsider the termination of the Contract. Your-letter did not provide the Tahoe
Asphalt invoices the District requested in its September 2, 2011 and September 9, 2011 letters,
but indicated your position that your asphalt patch repairs met the asphalt mix design
requirements. The letter indicated that you would provide the invoices requested by the District
only after the District provided you with the locations where the District's core samples were
taken.
Default, Cure and Requested Termination of Performance
The District has received the results of the asphalt core tests performed by CME, which are
attached to this letter. The asphalt cores were taken in three different locations, each of which do
not meet the minimum thicknesses identified in the contract documents. Many, if not all, of
HHC's other patches additionally do not conform with the Contract specifications for the
following reasons:
• HHC has not saw cut all patch installations, as required by the Contract;
• HHC left open patches overnight and during weekends, contrary to the Contract
specifications; and
• HHC failed to provide proper OSHA required safety equipment for working in traffic
flow i.e., reflective vests and hard hats.
As the vast majority, if not all, of the patch work undertaken by HHC has not been completed in
conformance with the Contract's specifications, this patching work is further not in compliance
with the Contract requirement that patching be completed within 10 working days of the receipt
of a work order. On these bases, the District places you on notice that HHC is in default, under
the terms of the Contract. By 9:00 am PDT on Wednesday, September 21, 2011, you are
September 16, 2011
-4-
Page 2
directed to provide the District with assurances of completion and a schedule, acceptable to
District staff pursuant to which you will cure the defects in the patch work you have done to
date and bring those patches into compliance with the Contract specifications.
•
It in the judgment of District staiiz you have not provided such assurances and schedule,
pursuant to the•terms of the Contract,. the District staff will request that the District's Board of
Directors terminate your obligation of further performance under the Contract, and approve
District staff's procurement of asphalt patching services from another source to bring your prior
patching work into compliance with Contract specifications and complete any further patching
work required this year. The District will hold HHC responsible for the cost to bring your prior
patching work into compliance with Contract specifications, as well as the difference between
the price in your Contract and the actual cost to the District for further patching work.
The District's Board of Directors will agendize a. Special Board Meeting at 10:00 am PDT on
Wednesday, September 21, 2011 to consider this issue. You are encouraged to attend this
meeting and, during the Board's consideration of this item, you will be given the opportunity to
address the Board.
Randy Curtis
Manager of Field Operations
Attachments
September 16, 2011
-5-
Page 3
114
0980 Sierra Center Parkway Suite 90
Reno W 89511
Tel: 775-851-8205
Fax 775- 881-8593
To: Jim Haggett From: Verdie Legg
Company: STPUD 0 For Your infonnation
Address: 1275 Meadow Crest Drive 0 For Your Approval
South Lake Tahoe, CA 96150 0 For Your Review
Date: September 12, 2011 As Requested
File: 1193
Delivery: Etnall/Regular Mail
Reference: [iv-Mouse Patch Paving
Copies
Date
Description
1
Asphalt — Hot Mix Analyses Test Results
1 set
Asphalt Core Analyses .
Remarks:
CO NSTRU A; ON MATERIALS ENGINEERS, INC.
Ar4i/ le Legg
• Manager
rect: 775-737-7567
Direct Far-775-737-7610
Mobile: 775-772-0658
JVL:jwi
jvAidlvs111116kuphsliltrimuspIth-hOuse_09-1241Abo
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A*
400 CT41:190 *4 Nod
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•
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C1 P4
PROJECT: :. 1n -House Patch Paving
CUENT; South Tahoe Public Utility DISI ICt
PROJECT NO.: 1193
SOURCE; Tahoe Asphalt
LOT
Il
C
CORE NUMB
ORE NUMBER
1 2 3
I
4
5 1
8
7 I
8
LOCATION `:..
Sierra Bouhresrd and Rose Street
UFT
8irQie
DATE PAVED
Various
THICKNESS- INCHES
On both
- INCH MINIMUM
UNIT WEIGHT- PCF
137.3
138..3
•
135.3
134.1
138.0
134.8
130.6
135.4
MAXIMUM UNIT WEIGHT
LABORATORY COMPACTED
SPECIMEN - PCF
1442
144.2
144.2
144.2
144.2
•
144.2
.
144.2
144.2
AVERAGE RICE SPECIFIC .
GRAVITY
2.402
2.402
2.402
2.402
2.402
2.402
2.402
2.402
^ RELATIVE COMPACTION - %
OF HVEEM
952"
94.5"
93.8'
93.o'
97.0
93.3"
90.7'
93.9"
95% MINIMUM
REI ATIVE COMPACTION - %
OF RICE SPECIFIC GRAVITY
91.8
91.2
90.5
91.2
92.3
90.0
87.6
89.9 •
92%- 97%
IN PLACE AIR VOIDS
8.2
_
8.8'
9.5'
10.3'
7.7
10.0•
12S•
9.4'
3%- 896
'Does not meet standard practice for compaction.
11:,+;- .t[;±:
i
• 6890 Sierra Center Parkway, Suite 90
Reno, NV 89511 •• 5
Pit:775451 -8205 Fx:775-351.8593 '.
• •
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ASPHALT. NF
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ANALYSES,
Far No. acPa4 •
Pre adon0e1K09.01-09
Rnlrientto.:1 tationOeUa09-0148
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PROJECT: • In-Housi Patch Paving
CLAW: South Tahoe Pabl 10 May Diabird
PROJECT NO.: 1193 •
SOURCE:. Tahoe Asphalt
•
cLocg .
9
10 _
-
LOCATION ' ' . '
, Sierra BouleSard and Rose Wad
DATE PAVED
THICKNESS.- INCHES
Otago 1169'; !PO
Various
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,
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- - ,
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_ INCH MINIMUM
UNMINEIGHT -.PCP
138.5
138.8
•
MAXIMUM UNIT WEIGHT
LABORATORY COMPACTED
SPECel - PCP
144.2
144.2
AVERAGE RICE SPECIFIC
GRAVITY
2A02
2.402
-
RELATIVE COMPACTION - %
OP WEIN
94 .7*
ogle
- .
.
..
.
95% MINIMUM
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OF Ripe "PEIFFIG GRAM'
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8.7*
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PR EC . lnaioura Patch PIPAII
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PROJECT NO.: 1193
E Tahoe Asphalt
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•
DATE PAVED
"M.
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w- . �d°, °%+K°%�q•
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-INCHES
3.16
3.00
2.75
3.20
2.15
9,46
8.48
3INCH MINIMUM
UNIT WEIGHT - PCP
137.3
136.3
138.3
134.1
138.0
134.8
130.8
136.4
MAXIMUM umn.VVEICisliT
TORY COMPACTED
- PCF
144.2
144.2
144.2
144.2
144.2
144.2
444.2
144.2
AVERACE RICE SPECIFIC
'E iITY
��
2.408
2.402
2402
9.402
2.40Q
2.402
2.40
COMPACTION - %
C P #VEE h94.t1"
988'
90.0'
974
90T
95% MINIMUM
REAE4 -%
CF RICE SPECIFIC GRAVITY.
91.3
91.2
906
91.2
920
Sao .
87.5
89.9
92% -97%
IN PLACE MVO=
32
8.8"
., 9.8'
10.3'
7.7
10.0'
12.5'
9.4'
3% -8%
*Does not meat standard maraca Iro mpaopan.
dfnOtt
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iv wt.
8390 sierra Ceder Partway, anlla 90
Rsaq :NY 85911
Pik 7733614208 Pm 778.014893 •
Raman Mao 06014o
Realms Na:1 Itraka Pak 060141
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CUSHY: Sault Tatars Pubis Wily CIstilot
PROJECT Ho.: 1103
801.1110 Tahoe Asphalt
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DATE PAVED
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3.40
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13115
133.3
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144.2
144.2
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2A02
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• ' RICE SP RY ECIFIC ORAV
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ASPHALT ORE ANALYSES
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Reno, NV
' Pbt 775,911-11206
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PROJECT. In-House P&1 Paving
WENT: South Use Put& EVISTDINdat
PROJECT NO.: 1193
SOURCE Tahoe Asphalt
W1.7.7 -toll=
111,111
LOCATION
11 12 14
18 i 18
Parades
DATE PAVED
Varlets
-..- v. .1
THICKNESS- INCHES
2.10
us
2.20
2.50
2.50
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MAXIMUM war WEIGHT
14110INUORY COMPACTED
SPECIMEN - PCF
AVERAGE RICE SPECIFIC
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FtEtATIVE COMPAC11ON - %
OF NVISM
RELATIVE COMPACTION - %
OF RICE SPECIFIC GNAVIlY
UN PLACE AIR VOIDS
C,..' ME E ,r 4, . ASPHALT CORE ANALYSES
MO Sierra Center Partway, WM 90
RenaINV 39511
P1/4 7794614206 Fx: 779-251-2693
Pmeriltxt 014.0.
Roe* No.:1Rotion Dias: 00414
CICPS
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CLIENT: South Tahoe Pubic Utley Mkt
PROJECT 110.:
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2.18
2.10
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1.06
2.25
2.56
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.
$ INCH MINIMUM
UNIT WEIGHT - PCF
. - UNIT WEIGHT
LABORATORY COMPACTED
SPEOSHIN PCP
MASS RICE SPECIFIC
- 11Ve COMPACTION • %
OF IWEEM
RELATIVE COMMOTION - %
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• P1N 7984514201 Fa: 7711-0111•11110$
ASPHALT C
RE ANALYSES
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41084
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PRWECTI in-liouss Thoth Paving
CLIENT:
South Uwe Pella Ugly Dletict
PROJECT NO:
1193
SOURCE;
Tahoe Asphalt
041* NUVIIIER
191"W
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2.10
.
2.07
. .....,
•
II *ICH MINIMUM
UNIT MOW • PCP
.44
NIAXIMUM UNW WEIGHT
LABOR/GORY COMPACTED
SPECIMEN - PCP
-
.
AVERAGE RICE SPECIFIC
SIMVIlY
I.
.
4
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C11.1014
esiosserm Cantor Parkway, Suite 90
. Rom*IIVESS11
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.
ASPHALT C RE ANALYSES
ProprateDois Noe
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•
youth Tahoe
Public Utility District
General Manager
Rlohand ti SAN.
Dirantore
.ChtisCaFiiu
K. Jones
Mary Lou liloolother
Dike Rks
Masai
1275 Meadow Crest Drive • South Lake Tahoe • CA 96150-7401
Phone 530 514- 6474 • Fax 530 541 -0614 • www.etpud.us
BOARD AGENDA ITEM 2 b.
TO: Board of Directors
FROM: Jim Hoggatt, Engineering Department Manager
MEETING DATE: September 21, 2011
ITEM - PROJECT NAME: Asphalt Patching Services Contract /2011 Grizzly Mountain
Booster Station Project
REQUESTED BOARD ACTION: (1) Determine an Emergency Exists Pursuant to Section
1102 of the Public Contract Code; (2) Determine Substantial Evidence has Been
Presented to Authorize an Exception be Made to Section 22050 of the Public Contract
Code that this Emergency will not Permit a Delay Resulting from a Competitive
Solicitation for Bids and that this Action is Necessary to Respond to the Emergency; (3)
Approve Change Order No. 1 to 2011 Grizzly Mountain Booster Station Project Contract,
to Thomas Haen Company, Inc., in the Amount of $40,000, for the Asphalt Patching
Services.
DISCUSSION: District staff has requested that the Board terminate the performance
obligation of Harold Hutson Construction (HHC) as to the Asphalt Patching Services
contract based on HHC's material default under the terms of the contract. If the Board
terminates HHC's performance, the District will not have a contractor under contract to
perform the asphalt patching services. If the District cannot immediately enter into a
contract for completion of the asphalt patching services before winter temperatures
prevent the asphalt patches from properly curing, unsafe road conditions will result for
the upcoming winter.
The need to terminate HHC's contract arose suddenly and unexpectedly, as District
staff just recently discovered that HHC patching services did not conform with the terms
of its contract. Staff requests that the Board find that the failure to repair HHC's non -
forming patches and to undertake the remaining patching work prior to the onset of
winter temperatures will pose a clear and imminent danger to drivers requiring
immediate action to prevent or mitigate the loss or impairment of health, property and
essential services and is therefore an emergency, pursuant to Public Contract Code
1102.
Page 2
Staff further requests that the Board find that this emergency will not permit a delay
resulting from a competitive solicitation for bids, and that immediate action directly
related to the emergency, including repair of the non - conforming patches and
completion of the remaining patching services are necessary to respond to the
emergency and shall be made without giving notice for bids to let contracts.
Specifically, there is not time before the onset of winter weather to solicit bids, award a
contract and complete the review of necessary contract submittals in order to enter
into a contract and complete the work prior to winter.
The District presently has Thomas Haen Company, Inc. ("Haen") under contract for the
2011 Grizzly Mountain Booster Station Project. Haen has indicated it is willing to
undertake the patching, both repairs to nonconforming patches and uncompleted
patching services. District staff has reviewed Haen's insurance coverages for the 2011
Grizzly Mountain Booster Station Project and confirmed that they are sufficient to meet
the District's requirements for the Asphalt Patching Services contract. District staff
request that the Board approve a change order to Haen's contract for 2011 Grizzly
Mountain Booster Station Project, in the amount of $40,000, for the Asphalt Patching
Services.
SCHEDULE: As soon as possible
COSTS: $40,000
ACCOUNT NO: 2001 -6052
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Change Order No. 1
CONCURRENCE WITH REQUESTED ACTION:
GENERAL MANAGER: YES XV NO
CHIEF FINANCIAL OFFICER: YES % NO
r
-16-
CATEGORY: Water
CHANGE ORDER NUMBER 1
Project: 2011 Grizzly Mountain Booster Station
Contractor: Thomas Haen Company Inc.
Date: September 15, 2011 PO # P24124
The Contract Shall Be Changed As Follows:
A. Provide equipment, material and labor, including traffic control and saw cutting per
the attached unit prices and specifications to provide asphalt patches not to exceed
$40,000.00.
TOTAL FOR ITEM A IS $40,000.00
Contractor agrees to make the here in- described changes in accordance with the tens hereof. The
change in contract price andior 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
Accepted By Contractor
Reviewed By
-17-
Date:
Date:
Date:
1
- - -- ------------- - - - - -- ---- - - - - -- - --
Original ontract
$1,076,526.00
Previous. Change Order
$0.00
Current Contract
$1,076,526.00
THIS CHANGE ORDER
40,000.00
New Contract Total
$1 116 526.00
Contractor agrees to make the here in- described changes in accordance with the tens hereof. The
change in contract price andior 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
Accepted By Contractor
Reviewed By
-17-
Date:
Date:
Date:
1
youth Tahoe
Public Utility District
General Msrweer
Itiohard itSolb o
,Ch isCersiu
James R.Jones
Maryiau Moebsoher
Oils Nes
Erb
1275 Meadow Crest Drive. South Lake Tahoe • CA 96150-7401
Phone 53054+ 6474 • Fax 530 541 -0614 • www.etpud.us
BOARD AGENDA ITEM 3a
TO: Board of Directors
FROM: Richard Solbrig, General Manager
MEETING DATE: September 21, 2011
ITEM - PROJECT NAME: Conference with Legal Counsel - Pending Litigation (one case)
REQUESTED BOARD ACTION: Direct legal counsel.
DISCUSSION: Pursuant to Section 54956.9(b) (1) of the California Government Code, Closed
Session may be held for conference with legal counsel.
SCHEDULE:
COSTS:
ACCOUNT NO:
BUDGETED AMOUNT REMAINING:
ATTACHMENTS:
CONCURRENCE WITH REQUESTED ACTION:
GENERAL MANAGER: YES
CHIEF FINANCIAL OFFICER: YES
NO
NO
—19—
CATEGORY: