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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 —6- A* 400 CT41:190 *4 Nod ; •. ,•,_ • • S. 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 '. • • . . ASPHALT. NF • ANALYSES, Far No. acPa4 • Pre adon0e1K09.01-09 Rnlrientto.:1 tationOeUa09-0148 • 00P-3 ?mimeo Otle:63409 • RaMen Hoz 1 Ralik* Oft 0541411 • *: • p 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 a■ ,. , , . ' - - , .:, ,.. :..,:-•. - -1- -.' :),..,..-i, t :"5 ., ' ' - • + '',t _ 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 .... REIATIVE MPACTION - % OF Ripe "PEIFFIG GRAM' . . • IN PLACE AIR VOIDS 8.7* 1�.$ • . — *Does not meet dandaid pumice for oompantlon. • -‘,':.;.t'?• ‘ 1 ,ls'• ' ., -7, ,,I, ,":-.- —i),* ,' "PAZ • -, 'c.`.' ' ,.- ,r% ,. -,:' *Ma . . . 88901 9erra Canter Parkway, Sun* 90 . • RensitiV 89811 Phi 1%1401-8248 Pa: 778-8514899 • Mti/Atleteetz ?mimeo Otle:63409 • RaMen Hoz 1 Ralik* Oft 0541411 • *: • p PR EC . lnaioura Patch PIPAII :. 8ou3t Tatws Pubb Way iatrbt PROJECT NO.: 1193 E Tahoe Asphalt -r'- _ "Tim :." • LOCATION Marta BoMtarerd and Reee 8treat • DATE PAVED "M. Various w- . �d°, °%+K°%�q• T ' :.- ",,B`7Jl`?pA -z. -i1?P°;RTM1.dTtr. ;t-.... ".' >.s.:i.7,ygy,T+e - :w •.sr - •nr .. F:::.v; .!:x`l.,n. .s..l .. .. ys.•„V ... �.r..:. .o• }.,• W •:Y1=..:: -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 O A :. ; .,, :A. r : .. ASPHALT C ANALYSES 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 . s/. e, T%' V• T.: R: Y-' M% �I•. 3•M':°At+W3eY.'.F'..^M:i.er.!K� frJf: ieFr.!.' O' �:•:' fe` r: el•. aY: K' l.'•. wx:. x::.' rlH+ l�kpMM..•:+:. �e•' T: +i:.x�.T.•}:;..t:w'i�er:✓.rvs•: [-•c .av vxi•+ snt•. t:.:: r% :?•..•= •T1s•::...:.••�•- /v^•iw .. vnY. YnY. raY. ii >Ff::ii "A',�.":••.:•s..r:.:a::9 ^1.4NS;.•a;ri•:.wY4C�Woo:•: G.:.: - -. .... .. %Mouse Patch Pasha CUSHY: Sault Tatars Pubis Wily CIstilot PROJECT Ho.: 1103 801.1110 Tahoe Asphalt i--fi v4,--4--,• . .•,i._ dr ,::::- 9 10 ■ LO0A110t4 Slam liataliward and Rao Wait SRO DATE PAVED Various Ares.r.1-r!;?:,'11.1111”.5.17:no;:r!r:Tatogrfatititiakicii, • MOMS -. 3.00 3.40 3 INCH MINIMUM . ' • ' 'MOW pap 13115 133.3 .. ■111, n a. mamma' TORY COMPACTED -pop 144.2 144.2 - . • ,-.. c RICE SPECIFIC ' VITY 2A02 . . RELA- TWO- COMPAC710N .% 94.r 95% telltdMUM RELA11VE COMPAC110N - % • ' RICE SP RY ECIFIC ORAV 91.3 B9.5 OVA -97% IN PLACE AIR VOIDS 6.r 10.5* hb, - a% AXies not mot standard presto tar sompacean. . • ry.4- * criON . . . ASPHALT ORE ANALYSES .. . ClivIE v ' lz-v,4i.i.., Dii'C' t$10 VrA-4t, Esc. Cantor Patties% Subs 00 $9511 Ps T754.51■059$ UN elm Reno, NV ' Pbt 775,911-11206 PapttsmOstgaltato Rottoteulltatkalkwasola tJ QCP4 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 2.00 2.8$ 3 INCH 14INIMVM #JNITVAIGHT -PCP . MAXIMUM war WEIGHT 14110INUORY COMPACTED SPECIMEN - PCF AVERAGE RICE SPECIFIC ONAVNY 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 Armee arwteero Rolex No.1 Ardor Dem crwriel • 1,441,ra.w.quimrsonsgewramoimw.ocozsgaiwatjazyuroostiseavegawnzw..w.tx•mstalektPorrstAlvotowelir.m.g40.c.woolgorimprivrtsrox444).u.v.s••wmei.romagarrAtxgainiew...rtplorwir.steamttp.mmon.w.yo..Asmvoutett.ye.;.wgorse:Ar.vio+AvArxemmernewsammiow.h.~..,At. ,, ,, ••••••: n-House Petah Paving CLIENT: South Tahoe Pubic Utley Mkt PROJECT 110.: r.rniLl Licill1111111111111111111111111111111111111111•1111( 1:7,1 :,--A11111111111111111111111111=1110111111111111111111A111111111111 LOCATION ilciillIllIllIllMIIIIIIIIIIIIIII TE PAVED --,7•.- --_-,. 115; Paradise SOUK* Tahoe Asphalt 111111111111111111111111 imintamm aw.. . 1111111111111111111111 IIIIIIIME 11111111 111111111111M11111111111•11•11FT AIM 11111111E1=111 Mathewel .....• ,,----- -5.5.7- --,,- , .rfirtrrlemeotrfro 'An. s • .' '. '. ' . ' ' , ,../. ' '' '' . : - ' 4 !*,:•rigalosewir-0 -kola , , *I.' ' '1','”•-!: • • - •• - ' . - II. A . • .>. ; •••"'i • •• • ••••.a... . 2.50 2.18 2.10 250 1.06 2.25 2.56 1 • . $ INCH MINIMUM UNIT WEIGHT - PCF . - UNIT WEIGHT LABORATORY COMPACTED SPEOSHIN PCP MASS RICE SPECIFIC - 11Ve COMPACTION • % OF IWEEM RELATIVE COMMOTION - % OF RICE SPECIFIC GRAVITY IN PLACE AIR VOIDS • _ • . nil:. a. r -t. nr ....• um1/4,4 eke IllawaCants, Parkways Sake 90 Rrate, NY NNW, • P1N 7984514201 Fa: 7711-0111•11110$ ASPHALT C RE ANALYSES Armee arwteero Rolex No.1 Ardor Dem crwriel • 1,441,ra.w.quimrsonsgewramoimw.ocozsgaiwatjazyuroostiseavegawnzw..w.tx•mstalektPorrstAlvotowelir.m.g40.c.woolgorimprivrtsrox444).u.v.s••wmei.romagarrAtxgainiew...rtplorwir.steamttp.mmon.w.yo..Asmvoutett.ye.;.wgorse:Ar.vio+AvArxemmernewsammiow.h.~..,At. ,, ,, ••••••: 41084 ProprateDois Noe Rota, Nevi oN$4 Vr,!,'A,',',M.V,*t.9),NWta-n.',44=LW',V.A'.<%',•'',.i,ZYW4!..V..'ZGSI•tv,v4etA4+,ra..ht,,tads..:V!.,Vfet•-SW.W.,Vr,,S{C:/.r.'A',Ve:-trtA:SaNai.:V,'PVdA-eIWofhr.e..Xjyeg,y,y,thwaegrdVegkpe.,-taar.Xryttsg.Mlero:IWMO":•sr.Sala,rx.alUia.aWa..wx,vsr.k,.".,-lwtsr.sy.-s. Wer.X.41VIV.V.Y.V.M101,* • PRWECTI in-liouss Thoth Paving CLIENT: South Uwe Pella Ugly Dletict PROJECT NO: 1193 SOURCE; Tahoe Asphalt 041* NUVIIIER 191"W • LIFT r DATE PAVED Vedas . mtli,,m,yroyxrx,x;,ps-frep.ifor"1-5.3**.cli,.,,,,t . '..401177t7r-::-...ts.,A-te:,-,‘,.... ,p, p 17-:-.. -.F. i,,,,,w - . ,/ -..., ,.:•,-.0.:;.,f,;:. •:. ..- ...... .--..,: -.;-..: ..y* -4 Iv 1 .-..*::. " • s-, . ....... .., --; . • .• • . r ,..:,.......::-.:00-6740.... ' f 4 V...'' ,... .. •■• r... ' i•—•.: .:. THICIGIWIS - INCHES 2.10 . 2.07 . ....., • II *ICH MINIMUM UNIT MOW • PCP .44 NIAXIMUM UNW WEIGHT LABOR/GORY COMPACTED SPECIMEN - PCP - . AVERAGE RICE SPECIFIC SIMVIlY I. . 4 4 RELATIVE COMPACTION- % OF KAMM . - ROAM COMP ACTION - % OFFECEEPECIFIO entowrry IN PLACE AIR VOIDS • t - -) C11.1014 esiosserm Cantor Parkway, Suite 90 . Rom*IIVESS11 . P1177548142$ ftet 771414459* . ASPHALT C RE ANALYSES ProprateDois Noe Rota, Nevi oN$4 Vr,!,'A,',',M.V,*t.9),NWta-n.',44=LW',V.A'.<%',•'',.i,ZYW4!..V..'ZGSI•tv,v4etA4+,ra..ht,,tads..:V!.,Vfet•-SW.W.,Vr,,S{C:/.r.'A',Ve:-trtA:SaNai.:V,'PVdA-eIWofhr.e..Xjyeg,y,y,thwaegrdVegkpe.,-taar.Xryttsg.Mlero:IWMO":•sr.Sala,rx.alUia.aWa..wx,vsr.k,.".,-lwtsr.sy.-s. Wer.X.41VIV.V.Y.V.M101,* • 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: