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AP 01-05-12SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, January 5, 2012 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California Richard Solbn. , General Mana • er Eric W. Schafer, President Chris Cefalu, Director BOARD MEMBERS Randy Vogelgesang, Director Paul Sciuto, Assistant General Mana • er James R. Jones, Vice President Kelly Sheehan, Director 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE 2. 3. COMMENTS FROM THE AUDIENCE (This is an opportunity for members of the public to address the Board on any short non - agenda items that are within the subject matter jurisdiction of the District. No action can be taken on matters not listed on the agenda. Each member of the public who wishes to comment shall be allotted five minutes, and no more than three individuals shall address the same subject. lime permitting, at the discretion of the Board President, time allotted may be increased or decreased depending on the number of speakers and available time.) 4. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR 5. 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.) 6. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION / ACTION 7. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. Calendar Year 2012 Capacity Charges Pg.67 (Paul Hughes) b. Manhole and Sewer Line Protection off Pg. 69 Country Club Near Upper Truckee River (Jim Hoggatt) Discuss and Provide Direction to Staff (1) Determine an Emergency Exists Pursuant to Section 1102 of the Public Contract Code; (2) Determine Substantial Evidence has Been Presented, Authorizing an Exception to be Made to Section 22050 of the Public Contract Code, that this Emergency will not Permit a Delay Resulting from a Competitive —► REGULAR BOARD MEETING AGENDA - JANUARY 5, 2012 PAGE - 2 c. Payment of Claims Solicitation for Bids and that this Action is Necessary to Respond to the Emergency; (3) Adopt Resolution No. 2902 -12 Delegating Authority to the General Manager and Assistant General Manager /Engineer to Order Any Action Necessary to Respond to this Emergency; (4) Determine this Project is Exempt from CEQA; and (5) Approve Expenditures, in an Amount Not to Exceed $250,000, Necessary to Perform the Necessary Repairs Approve Payment in the Amount of Pg. 79 $2,449,411.69 8. ANNOUNCEMENT OF 2012 BOARD APPOINTMENTS (Standing Committees, Ad Hoc Committees, and Liaisons) 9. BOARD MEMBER STANDING COMMITTEE REPORTS (Discussions may take place; however, no action will be taken) a. Water & Wastewater Operations Committee Meeting of 01/03/12 (Jones /Vogelgesang ) 10. BOARD MEMBER AD HOC COMMITTEE REPORTS a. Labor Negotiator Selection Ad Hoc Committee Meeting of 01/04/12 (Schafer /Cefalu) 11. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 12. EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVES REPORT 13. GENERAL MANAGER REPORT(S) (Discussions may take place; however, no action will be taken.) 14. STAFF / ATTORNEY REPORT(S) (Discussions may take place; however, no action will be taken.) a. Meeting Held re: C -line Hydro - Electric Power Generation (Paul Sciuto) 15. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetings / Events 01/03/12 - Water and Wastewater Operations Committee Meeting 01/04/12 - Labor Negotiator Selection Ad Hoc Committee Meeting Future Meetings / Events 01/11/12 - 7:00 a.m. - HIP (Health Improvement Program) Year 2 Blood Draw at District 01/18/12 - 01/20/12 - CASA (California Association of Sanitation Agencies) Conference 01/18/12 - 8:00 a.m. - ECC (Employee Communication Committee) Meeting Director Vogelgesang is designated Board representative 01/18/12 - 10:00 a.m. - HIP (Health Improvement Program) Health Risk Assessment at District 01/19/12 - 2:00 p.m. - STPUD Regular Board Meeting at District Office REGULAR BOARD MEETING AGENDA - JANUARY 5, 2012 PAGE - 3 16. 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. 99 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. 101 Counsel - Existing Litigation re: Los Angeles County Superior Court Case No. BC459943, State of Nevada, et al. v. J -M Manufacturing, et al. c. Pursuant to Government Code Section 54957 /Consideration of Public Employee Pg. 103 Appointment - Labor Negotiator 17. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 18. ADJOURNMENT (To the next regular meeting, January 19, 2012, at 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the meeting and at the District office during the hours of 8:00 a.m. - 5:00 p.m., Monday through Friday. A recording of the meeting is retained for 30 days after minutes of the meeting have been approved. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public Hearings will not be called to order prior to the time specified, 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 are needed, please contact the Clerk of the Board at (530) 544 -6474, extension 6203. All inquiries must be made at least 48 hours in advance of the meeting. ITEMS CONSENT CALENDAR JANUARY 5, 2012 REQUESTED ACTION a. Snowshoe /Millich Slope and Bijou Sewer Relocates Pg.1 (Pete Lavallee) b. ERB Replacement Project Pg. 17 (Julie Ryan) c. Cold Creek Filter Plant and Ralph Tank SEZ Pg. 25 (Julie Ryan) d. 2012 Washington, D.C. Legislative Advocacy Pg. 39 (Dennis Cocking) e. ACWA (Association of California Water Agencies) Pg. 47 2012 (Dennis Cocking) (1) Approve Change Order No. 7 for White Rock Construction, Inc., in the Credit Amount of <$10,750> which Includes the Assignment of the Contract from White Rock Cons- truction, Inc., to V &C Construction Company, Inc., to Perform the One Year Landscape Maintenance for the Contract Bid Amount of $10,000; (2) Approve the Project Closeout Agreement and Release of Claims for White Rock Construction; and (3) Authorize Staff to File a Notice of Completion with the El Dorado and Alpine County Clerks (1) Approve the Project Closeout Agreement and Release of Claims for KG Walters Construction Com- pany, Inc., and (2) Authorize Staff to File a Notice of Completion with the El Dorado County Clerk (1) Approve Change Order No. 2 to Thomas Haen Company, Inc., in the Credit Amount of <$9,611.82 >, Including Assignment of the Contract from Thomas Haen Company, Inc. to V &C Construction Company, Inc., for the remainder of the Work, in the Amount of $14,118.05 Authorize Execution of Contract with ENS Resources, Inc., in the Amount of $76,994 Approve Payment to ACWA for Membership Dues, in the Amount of $18,295 CONSENT CALENDAR - JANUARY 5, 2012 PAGE -2 f. Water Rate Study Amendment Pg. 51 (Paul Hughes) g. Regular Board Meeting Minutes: Pg. 57 December 1, 2011 (Kathy Sharp) h. Regular Board Meeting Minutes: Pg. 61 December 15, 2011 (Kathy Sharp) Approve Update to the 2011 Water Rate Study by HDR Engineering, in an Amount Not to Exceed $7,560 Approve Minutes Approve Minutes 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 youth Tahoe Pubic Utility District General Manager Richard H. Solbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe' CA 96150 -7401 Phone 530 544- 6474 • Fax 530 541 -0614 • www.stpud.ue BOARD AGENDA ITEM 4a TO: Board of Directors FROM: Pete Lavallee, Assistant Engineer MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: Snowshoe /Millich Slope and Bijou Sewer Relocates REQUESTED BOARD ACTION: (1) Approve Change Order No. 7 for White Rock Construction, Inc., in the credit amount of <$10,750> which includes the Assignment of the Contract from White Rock Construction, Inc. to V&C Construction Company, Inc. to perform the one year landscape maintence for the contract bid amount of $10,000; (2) Approve the Project Closeout Agreement and Release of Claims for White Rock Construction; and (3) Authorize staff to file a Notice of Completion with the El Dorado and Alpine County Clerks. DISCUSSION: ITEM 1 Part A, in the credit amount of <$750 >, is for removal of ten linear feet of four inch SDR 26 sanitary Sewer lateral from Bid Item 19 of the Bijou Sewer Relocation Project that was not used, balancing quantities. Part B, Assignment of the Contract from White Rock Construction, Inc. to V&C Construction Company, Inc., for the one year Landscaping Maintence on the Snowshoe /Millich Slope Stabilization for the contract amount of $10,000. The result of this Assignment is a $10,000 deduction from White Rock's contract. Staff recommends that the Board approve Change Order No. 7 to the District's contract with White Rock Construction in the amount <$10,750 >. With $78,813.85 in Change Orders approved previously, this Change Order No. 7 brings the contract total to $357,788.85. The Engineer's Estimate for construction was $247,494.00. JTEM 2 White Rock has satisfactorily completed all work on the 2011 Snowshoe /Millich Slope and the Bijou Sewer Relocation project. However, the landscaping was identified by the contract to be maintained for a period of one year after initial acceptance. With the approval of the Assignment of Contract, the remainder of the landscape work will be performed by V&C under contract to the District, in the amount of $10,000. -1- Peter Lavallee January 5, 2012 Page 2 Staff request the Board approve the Project Closeout Agreement and Release of Claims and authorize staff to file a notice of Completion with El Dorado and Alpine County Clerks. SCHEDULE: As soon as possible COSTS: <$10,750> ACCOUNT NO: 1029- 7075 /SNOBLO BUDGETED AMOUNT REMAINING: <37,787> ATTACHMENTS: (1) Change Order No. 7 including the Assignment of the Contract from White Rock Construction, Inc. (White Rock) to V&C Construction Company, Inc. for $10,000; (2) Closeout Agreement and Release of Claims, Notice of Completion CONCURRENCE WITH REQUESTED ACTI GENERAL MANAGER: YES �` NO CHIEF FINANCIAL OFFICER: YES L'� NO -2- CATEGORY: Sewer CHANGE ORDER NUMBER 7 Project 2011 Snowshoe /Millich Slope and Biiou Sewer Relocations Contractor White Rock Construction Inc. Date: January 5, 2012 PO # P24449 The Contract Shall Be Changed As Follows: A. Delete ten (10If) linear feet of 4" SDR 26 Sanitary Sewer Lateral from Bid Item 19 at the contract unit price of $75.00 per LF for a total deletion of <- $750.00 >. The total for Item A is a deletion of <- $750.00 >. TOTAL FOR ITEM A IS < $750.00> B. Amend the Contract to include the Assignment of Construction Contract from White Rock Construction to V &C per the attached document B. Included in this Assignment of Construction Contract is the transfer of $10,000.00 from White Rock's contract Bid Item Number 8 to V &C. The total for Item B is a deletion of <- $10,000.00 >. TOTAL FOR ITEM B IS <$10,000.00> TOTAL FOR CHANGE ORDER NUMBER 7 IS A + B = <$10,750.00> Contractor agrees to make the herein- described changes in accordance with the terms hereof. The change in contract price and/or contract time noted is full settlement for costs Incurred because of the change(s) described, unless specifically noted in individual description(s). Authorized By STPUD Board President Accepted By Contractor Reviewed By -3- Date: Date: Date: 1 ASSIGNMENT OF CONSTRUCTION CONTRACT This Assignment of Construction Contract (Assignment) is entered into on this day of January, 2012, by and between White Rock Construction Inc., a Nevada corporation (White Rock), V &C Construction, Inc., a Nevada corporation (V &C), and the South Tahoe Public Utility District, a California public agency (District), at South Lake Tahoe, California, with reference to the following facts and intentions: A. On August 2, 2011, the District invited bids from contractors to perform certain construction work related to slope stabilization and sewer relocation work commonly referred to as the Snowshoe /Millich Slope and Bijou Sewer Relocation Project (Project); B. White Rock was the low bidder for the Project and the District awarded construction of the Project to Whtie Rock. The District and White Rock entered into a contract, dated August 8, 2011, and subsequently modified by change orders (collectively "Contract "), for construction of the Project; C. White Rock entered into a subcontract with V &C (Subcontract) with respect to performance of landscaping revegetation and maintenance related services for the Project; D. As of December 7, 2011, all work on the project was complete and accepted, with the exception of landscaping maintenance and landscaping demobilization, which will continue through November 29, 2012; E. White Rock's further performance of the Contract is being terminated for convenience concurrently with the parties' execution of this Assignment. The District shall be responsible for any further performance of the Contract including completion of the Project by such means and methods as the District determines appropriate; F. In order to complete the Project, the District has determined that the services of another general contractor are necessary for performing the remaining scope of work for the Project. Consequently, the District and V &C have negotiated the terms and conditions under which V &C will complete performance of the Contract as the general contractor; and, G. White Rock agrees to irrevocably assign the Contract to V &C, V &C agrees to irrevocably accept such assignment of the Contract from White Rock, and the District consents to and irrevocably accepts such assignment, pursuant to the terms and conditions of this Assignment. NOW, THEREFORE, the parties agree as follows: 007627\0009 \601238.1 1. Assignment. White Rock irrevocably assigns, transfers and conveys any and all of its rights and obligations pursuant to the Contract, and V &C irrevocably accepts and assumes such assignment, subject to the terms and conditions of this Assignment. 2. Exemption from Liability. a. White Rock. Notwithstanding this Assignment, White Rock, its performance and/or payment bond surety, as well as any of their respective agents, employees, insurers, shareholders, attorneys and representatives, shall not have any responsibility or liability for the work performed by V &C (or on its behalf) on the Project after the effective date of this Assignment. b. V &C. V &C, its performance and/or payment bond surety, as well as any of their respective agents, employees, insurers, shareholders, attorneys and representatives, shall not have, as a result of this Assignment, any greater, lesser or modified liability or responsibility for the work performed by White Rock (or on its behalf) on the Project prior to the effective date of this Assignment. c. Scope of Exemption. The rights and responsibilities of White Rock and V &C, with respect to each other, for conduct occurring prior to the effective date of this Assignment shall remain unaltered by this Assignment. d. Representation and warranty. The District represents to White Rock and V &C that no work has been performed on the Project after December 7, 2011. V &C represents to White Rock and the District that there are no known unpaid claims and that it has been fully paid by White Rock for the work performed on the Project prior to December 7, 2011. 3. Indemnification a. White Rock. White Rock shall indemnify, defend and hold harmless V &C, its performance and payment bond surety, and their respective officers, directors, insurers, attorneys, representatives, shareholders, agents and employees, from and against all claims, damages, losses, liabilities and expenses, including attorneys' fees and costs, which arise out of, relate to or result from White Rock's performance of the Contract and work performed on the Project prior to the effective date of this Assignment, except with respect to work performed and/or materials, equipment and supplies by or on behalf of V &C for White Rock prior to December 7, 2011, and White Rock's breach of this Assignment. b. V &C. V &C shall indemnify, defend and hold harmless White Rock, and its performance and/or payment bond surety, and their respective officers, directors, insurers, attorneys, representatives, shareholders, agents and employees, from and against any and all claims, damages, losses, liabilities and expenses, including attorneys' fees_ and costs, which arise out of, relate to or result from V &C's performance 00. 76271000%60123 8.1 -3- of the Contract and work performed on the Project after the effective date of this Assignment and V &C's breach of this Assignment. 4. Subcontract. White Rock and V &C agree that their respective further performance obligations under the Subcontract shall be terminated as of the effective date of this Assignment but that this Assignment shall not release or discharge White Rock or V &C from their respective duties, obligations and liabilities to each other under the Subcontract, whether such duty, obligation or liability occurs before or after the effective date of this Assignment, including but not limited to insurance and/or indemnity obligations. V &C's scope of work pursuant to the Subcontract shall be incorporated into the Contract by the change order referenced in Section 6, below. 5. Uncompleted Work. The remaining work to be completed on the Project generally consists of re- vegetation maintenance on the slope between the Millich Ditch and the Snowshoe Thompson Ditch in Alpine County, CA, dismantling and demobilization of the temporary irrigation systems, and site - cleanup related to maintenance dismantling activities (collectively "Uncompleted Work "). 6. Change Order. Concurrently with the parties' execution of this Assignment, the District and V &C are entering into a change order to modify the Contract with respect to the Uncompleted Work, the cost for completing the Uncompleted Work, and such other terms and conditions as mutually agreed between the District and V &C (Collectively "Change Order "). 7. Submittals. Prior to the commencement of construction of the Project by V &C, as the general contractor, V &C shall submit to the District performance and payment bonds in an amount equal to the cost to complete the Project, insurance policies, endorsement and certificates, construction schedule and such other submittals as required by and in conformance with the Contract for the remaining scope of work on the Project. S. Force and Effect. Except as modified by this Assignment, the Contract shall continue in full force and effect. 9. Conflicts. In the event of a conflict between this Assignment and the Contract, the terms and conditions of this Assignment shall control in all respects. 10. General Provisions. a. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Assignment, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees). 00762710009\601238.1 b. Authority. The individuals executing this Assignment represent and warrant that they have the authority to enter into this Assignment and to perform all acts required by this Assignment pursuant to authorized and valid resolution(s) of the governing body for the party which they represent, 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 conditions of this Assignment. c. Construction. The provisions of this Assignment should be liberally construed to effectuate its purposes. The language of all parts of this Assignment shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. d. Successors and Assigns. This Assignment shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. e. Governing Law. The validity and interpretation of this Assignment shall be governed by the laws of the State of California, with venue for all purposes to be proper only in the Superior Court for El Dorado County, Placerville Branch, State of California. f. Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted, to be effective, shall be in writing and shall be delivered, either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or other similar overnight delivery service, to the party to whom the notice is directed at the address of such party as follows: To: District With a copy to: 0076271E1009'5601235.1 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Attn: General Manager Bradley J. Herrema Brownstein Hyatt Farber Schreck LLC 21 E. Carrillo Street Santa Barbara, CA 93101 -2782 -4- To: White Rock To: V &C White Rock Construction, Inc. 769 Pinto Circle Gardnerville, NV 89410 V &C Construction, Inc. P.O. Box 1269 Minden, NV 89423 Any communication given by mail shall be deemed delivered two (2) business days after such mailing date, and any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address. g. Severability. If any term, provision, covenant or condition of this Assignment is determined to be unenforceable by a court of competent jurisdiction, it is the parties" intent that the remaining provisions of this Assignment shall remain in full force and effect and shall not be affected, impaired or invalidated by such a determination. h. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Assignment, the prevailing party shall be entitled to recover actual attorneys' fees which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees to be awarded shall be made to fully reimburse for all attorneys', paralegal and experts' fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys', paralegal and experts' fees, costs and expenses paid or incurred in good faith. i. Effect of Execution by FAX. The signature of any party to this Assignment appearing on a facsimile copy (FAX) of this Assignment shall, constitute and be deemed the equivalent of an original signature of the person on behalf of the party for which that person signed. Any party submitting a FAX signature to this Assignment shall, within seven (7) days after signature, provide his or her original signature page to Bradley J. Herrema, Brownstein Hyatt Farber Schreck LLC, 21 E. Carrillo Street, Santa Barbara, CA 93101 -2782. Failure by any party to forward his or her original signature within the seven (7) day period shall not impair or invalidate the effectiveness of this Assignment. j. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. k. Entire Agreement and Amendment. This Assignment contains the entire understanding and agreement of the parties with respect to the matters 007627\00091601238.1 -9- considered, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Assignment. This Assignment may be altered, amended or modified only by an instrument in writing, executed by the parties to this Assignment and by no other means. Each party waives their future right to claim, contest or assert that this Assignment was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first stated above. V &C White Rock V &C Construction, Inc. White Rock Construction, Inc. By: By: , President , President CONSENT TO ASSIGNMENT The District accepts and consents to the above - described Assignment of the Contract from White Rock to V &C pursuant to the terms and conditions of the Assignment. DISTRICT South Tahoe Public Utility District By: Eric Schafer, Board President ATTEST: By: Kathy Sharp, Clerk of the Board/ Executive Secretary 007627\0009\601238. 1 -10- CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this day of January, 2012, by and between South Tahoe Public Utility District, hereinafter referred to as "DISTRICT ", and White Rock 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 Hundred Eighty -Nine Thousand Seven Hundred Twenty -Five Dollars ($289,725) contract amount, and the sum of Sixty -Eight Thousand Sixty -Three Dollars and Eighty -Five Cents ($68,063.85) for said Contract Change Orders Nos. 1 through 7, receipt of which is hereby acknowledged, has submitted waivers from all subcontractors and suppliers in the form required by Civil Code §3262, and 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 August 8, 2011 for Purchase Order No. P24449, DISTRICT project described as 2011 Snowshoe /Millich Slope and Bijou Sewer Relocation. B. Change Orders Nos. 1 through 7 as approved by the parties, pertaining to Purchase Order No. P24449 and shown in Payment Request No. 4a, dated January 19, 2012. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of Purchase Order No. P24449 does hereby and for each of its successors, and assigns, releases, acquits and forever discharge White Rock 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 August 8, 2011 for Purchase Order No. P24449, DISTRICT project described as 2011 Snowshoe /Millich Slope and Bijou Sewer Relocation. B. Change Orders Nos. 1 through 7 and as approved by the parties, pertaining to Purchase Order No. P24449 and shown in Payment Request No.4a dated January 19, 2012. Closeout Agreement and Release of Claims / r Page 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. P24449. 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 $ 17,889.44 Original Contract amount $289,725.00 Total Change Order Amount $ 68,063.85 Less: Amount Previously Paid $339,899.41 (Request Nos. 1 through 4) Retainage $ 17,889.44 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 AND Alpine County Recorders 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. P24449 after the execution of change orders shall be as follows: Original Contract Price $289,725.00 Original Calendar Days 100 Total Adjusted Price $357,788.85 Total Adjusted Calendar Days 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 Closeout Agreement and Release of Claims -12- forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other party based on, arising out of, or in any way connected with the subject matter of this Release. 10. The CONTRACTOR hereby releases the DISTRICT from all claims, including those of its Subcontractors for all delay and impact costs, if any. 11. Except as documented in the Assignment of Construction Contract dated January 5, 2012, the CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims, including attorney's fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. 12. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Closeout Agreement and Release of Claims. The undersigned acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained herein. 13. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, have been made to the undersigned and that this Release contains the entire agreement among the parties hereto and that the terms of the Release are contractual and not a mere recital. 14. The persons executing this Closeout Agreement and Release of Claims represent and warrant to the other party that the execution and performance of the terms of this Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter in the Closeout Agreement and Release of Claims. RICHARD SOLBRIG, GENERAL MANAGER DATED ATTEST: KATHY SHARP, CLERK OF BOARD DATED WHITE ROCK CONSTRUCTION INC. By: GEORGE McCROSKY, PRESIDENT DATED -13- Closeout Agreement and Release of Claims Page 3 RECORDING REQUESTED BY: South Tahoe Public Utility District Attn: Heidi Baugh WHEN RECORDED MAIL TO: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 APN: See Exhibit "A ". NOTICE OF COMPLETION SPACE ABOVE THIS LINE FOR RECORDERS USE 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 Public 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 described was COMPLETED on 12/7/2011. 8. The work of improvement completed is described as follows: 2011 Snowshoe/Millich Slope and Bijou Sewer Relocation. 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is White Rock Construction Inc. 10. The street address of said property is See Exhibit "A" attached. 11. The property on which said work of improvement was completed is in the City of See Exhibit "A ", attached, County of See Exhibit "A", State of California, and is described as follows: As shown in Exhibit "A" attached hereto and made a part hereof, iiriaSGt1(t )B0111(itMOINAlI9: DATE: January 5, ?011 SIGNATURE OF OWNER OR AGENT OF OWNER ERIC SCHAFER VERIFICATION FOR INDIVIDUAL OWNER: South Tahoe PUD Board President I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. DATE AND PLACE SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFICATION FOR NON - INDIVIDUAL OWNER: South Tahoe Public Utility . District. I, the undersigned, dedare under penalty of perjury under the laws of the State of California that I am the Board President 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. DATE A P CE . ! . - . 1 . 1 is SIGNATURE OF PERSON SIGNING N BEHALF OF OWNER ERIC SCHAFER,. Board President South Tahoe Public Utility.District EXHIBIT "A" Notice of Completion 2011 SNOWSHOE /MILLICH SLOPE AND BIJOU SEWER RELOCATION The site of the Snowshoe /Millich Slope Rehabilitation is in Alpine County approximately one half mile to the south of the junction of State Highway 88 and State Highway 89 by the town of Woodfords. The work performed in Alpine county will include stabilization of the slope between the Snowshoe and Millich Ditches which convey fresh water from the West Fork of the Carson River. This portion of the work will include installation of a slope stabilization mat, a gabion retaining wall, slope drains, and revegetation. The Bijou Sewer Relocation work will be performed at the intersection of Highway 50 and Fairway Avenue within the limits of the City of South Lake Tahoe and California Department of Transportation Right of Way. The work performed on the Bijou Sewer Relocation will include the relocation of approximately 55 feet of 12 inch sewer force main and the relocation of approximately 50 feet of gravity sewer main with the installation of one sewer lateral and two flush inlets. Work will also include installation of a sewer bypass on Johnson Boulevard. Demolition of a portion of the existing gravity sewer main will also be required. Notice of Completion 2011 SNOWSHOE /MILLICH: SLOPE AND BIJOU SEWER RELOCATION EXHIBIT "A" -15- South Tahoe Public Utility District I 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.5tpud.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, Eric Schafer. Date Approved: Certified by: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Chris Cefalu James R. Jones Randy Yogelgesang Kelly Sheehan Eric Schafer 1 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544- 6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM 4b TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: ERB Replacement Project REQUESTED BOARD ACTION: (1) Approve the Project Closeout Agreement and Release of Claims for KG Walters Construction Company, Inc.; and (2) Authorize staff to file a Notice of Completion with the El Dorado County Clerk. DISCUSSION: Staff has performed a final inspection of the project, and found that KG Walters has met all the requirements of the contract. Staff recommends approval of the project Closeout Agreement and Release of Claims, and the filing of a Notice of Completion with the El Dorado County Clerk. SCHEDULE: As soon as possible COSTS: N/A ACCOUNT NO: 1029 -7581 BUDGETED AMOUNT REMAINING: $711,821 ATTACHMENTS: Closeout Agreement and Release of Claims, Notice of Completion CONCURRENCE WITH REQUESTED ACTI GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES NO NO -17- CATEGORY: Sewer -18- _ r CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this day of December, 2011, by and between South Tahoe Public Utility DISTRICT, hereinafter referred to as "DISTRICT", and K.G. Walters Construction Co., 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 One Million Forty -Nine Thousand Six Hundred Dollars ($1,049,600), contract amount, and the sum of Forty -Five Thousand Five Hundred Seventy -Three Dollars and Fifty -Eight Cents ($45,573.58) for said Contract Change Orders Nos. 1 and 2, receipt of which is hereby acknowledged, has submitted waivers from all subcontractors and suppliers in the form required by Civil Code §3262, and 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 June 30 2011 for Purchase Order Nos. P24125 and P24125A, DISTRICT project described as ERB Replacement Project. B. Change Orders Nos. 1 and 2 as approved by the parties, pertaining to Purchase Order Nos. P24125 and P24125A and shown in Payment Request No. 6, dated January 5, 2012. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of Purchase Order Nos. P24125 and P24125A does hereby and for each of its successors, and assigns, releases, acquits and forever discharge K.G. Walters Construction Co., 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 June 30, 2011 for Purchase Order Nos. P24125 and P24125A, DISTRICT project described as ERB Replacement Project. -19- Closeout Agreement & Release of Claims Page I B. Change Orders Nos. 1 and 2, and as approved by the parties, pertaining to Purchase Order Nos. P24125 and P24125A and shown in Payment Request No. 6 dated January 5, 2012. 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 Nos. P24125 and P24125A. 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 $ 53,409.58 Original Contract amount $1,049,600.00 Total Change Order Amount $ 45,573.58 Less: Amount Previously Paid $1,041,764.00 (Request Nos. 1 through 6) Retainage $ 53,409.58 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 Nos. P24125 and P24125A after the execution of change orders shall be as follows: Original Contract Price $1,049,600.00 Original Calendar Days 106 Total Adjusted Price $1,095,073.58 Total Adjusted Calendar Days 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: -20- Closeout Agreement & Release of Claims Pa €e 2 "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." 9. The releases made by the CONTRACTOR and the DISTRICT herein are not to be construed as an admission or admissions of liability on the part of either party and that the parties deny liability hereof. The undersigneds agree that they will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other party based on, arising out of, or in any way connected with the subject matter of this Release. 10. The CONTRACTOR hereby releases the DISTRICT from all claims, including those of its Subcontractors for all delay and impact costs, if any. 11. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims, including attorney's fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. 12. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Closeout Agreement and Release of Claims. The undersigned acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained herein. 13. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, have been made to the undersigned and that this Release contains the entire agreement among the parties hereto and that the terms of the Release are contractual and not a mere recital. 14. The persons executing this Closeout Agreement and Release of Claims represent and warrant to the other party that the execution and performance of the terms of this Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter in the Closeout Agreement and Release of Claims. RICHARD SOLBRIG, GENERAL MANAGER ATTEST: KATHY SHARP, CLERK OF BOARD K.G. WALTERS CONSTRUCTION CO., INC. By: JOHN COLLINS, PROJECT MANAGER -21- DATED DATED DATED Closeout Agreement & Release of Claims Page 3 RECORDING REQUESTED BY: SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTN: Heidi C. Baugh WHEN RECORDED MAIL TO: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 APN: 025 - 091 -15 NOTICE OF COMPLETION SPACE ABOVE THIS LINE FOR RECORDER'S USE 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 Public 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 HOW SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name & Address Name & Address 6. The FULL NAMES of FULL ADDRESSES OF THE PREDECESSORS in INTEREST of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Name & Address Name & Address 7. A work of improvement on the property hereinafter described was COMPLETED on 10/17/2011. 8. The work of improvement completed is described as follows: ERB Replacement Project. 9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is K.G. Walters Construction Co., Inc. 10. The street address of said property is 1698 Black Bart Avenue, South Lake Tahoe, CA. 11. The property on which said work of improvement was completed is in the City of South Lake Tahoe County of El Dorado, State of California, and is described as follows: See Exhibit A, attached. As shown in Exhibit "A" attached hereto and made a part hereof, MAltiaily 2.WA DATE:sJanuary 5, 2012 SIGNATURE OF OWNER OR AGENT OF OWNER ERIC SCHAFER VERIFICATION FOR INDIVIDUAL OWNER: South Tahoe PUD Board President I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. DATE AND PLACE SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFICATION FOR NON - INDIVIDUAL OWNER: South TahoP P'tbla c Utility Di ctrl ct I, the undersigned, dedare under penalty of perjury under the laws of the State of California at I am the Rnard President 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. January 5s 2012, South Lake Tahoe, C &lifornia. DATE AND PLACE —22— Notice of Completion SIGNATURE OF PERSON SIGNING ON BEHALF OF OWNER ERIC SCHAFER, Board President South Tahoe Public Utility District EXHIBIT "A" Notice of Completion ERB Replacement Project The site of the work is located on District property (APN: 025 - 091 -15) at the corner of Black Bart Avenue and Pioneer Trail in unincorporated El Dorado County near South Lake Tahoe. The work to be performed consisted of replacing the existing high density polyethylene (HDPE) liner at the District's Emergency Retention Basin (ERB), and modifying, upgrading and/or eliminating ancillary facilities at this site. Work included the following general activities, as detailed in the Plans and Specifications: removing, cutting and stockpiling existing HDPE liner, and hauling and disposing of excess; removing and either salvaging for reuse, or hauling and disposing of excess cushion geotextile; removing and disposing of various ancillary facilities at the ERB; cutting, capping and abandoning piping; replacing valves and splash pads; installing electrical and instrumentation facilities to the pond, performing limited fine grading and subgrade preparation at the pond site; installing new HDPE pond liner system; installing surface water best management practices and revegetation; and installing asphalt pavement. /// /// /// Notice of Completion ERB Replacement Project EXHIBIT "A" -23- South Tahoe 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, Eric Schafer. Date Approved: Certified by: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpucl.us BOARD AGENDA ITEM 4c TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: Cold Creek Filter Plant and Ralph Tank SEZ Restoration Project REQUESTED BOARD ACTION: (1) Approve Change Order No. 2 to Thomas Haen Company, Inc., in the credit amount of <$9,611.82 >, including Assignment of the Contract from Thomas Haen Company, Inc., (Haen) to V&C Construction Company, Inc., (V&C) for the remainder of the work, in the amount $14,118.05. DISCUSSION: Change Order No. 2 addresses seven work items that are beyond the scope of the contract, balancing quantities for seven bid items, and reduction in the Contract amount of two bid items due to the assignment of the remaining Contract to V&C. A. During construction of the post- and - lagging retaining wall at the Cold Creek Filter Plant site, District staff realized that the wall had been designed without a drain to relieve water pressure behind the wall. The additional work to install a drain was performed on a time- and - materials basis in accordance with the Contract Documents for an additional cost to the District of $1,724.42. B. In early October, the Contractor's work on the retaining wall was delayed due to inclement weather. So that the Contractor could finish the retaining wall prior to the schedule pervious pavement pour, District staff authorized the Contractor to work on Saturday with the understanding that the time would be tracked on a time -and- materials basis and that the incremental labor costs incurred would be borne by the District. The additional cost to the District for the Saturday work is $1,117.80. C. During fine grading at the Cold Creek Filter Plant site, the District found that the proposed contours for the southeast corner of the site would discharge some portion of runoff from the unpaved areas onto the pervious pavement. To avoid the potential for future clogging of the pervious pavement in this area, District staff verbally directed Thomas Haen Company to grade in a shallow swale to direct any runoff around the pervious pavement. This additional work was performed on a Time and Materials basis for an additional cost to the District in the amount $393.75. D. So that District crews can proceed with pump station improvements over the winter, the District verbally directed Thomasztlaen Company to move the termination of Julie Ryan January 5, 2012 Page 2 the discharge pipe into the pump station, which required an additional 5.5 ft. of 12" C- 900 pipe. This additional work was performed on a time - and - materials basis for an additional cost to the District in the amount $465.90. E. The Bid Form accounted for installation of 12" Class 165 PVC pipe for the Lower Cold Creek Booster Station suction line, on a cost per linear foot basis, using the approximate quantity of 227 linear feet. The Contractor actually installed 230 linear feet of pipe. At the bid price of $101.32 per linear foot, the increase of 3 linear feet of pipe installation results in an additional cost to the District in the amount $303.96. F. The Bid Form accounted for installation of 10" Class 235 PVC pipe for the Lower Cold Creek Booster Station discharge line, on a cost per linear foot basis, using the approximate quantity of 234 linear feet. The Contractor actually installed 211 linear feet of pipe. At the bid price of $88.5 per linear foot, the reduction of 23 linear feet of pipe installation results in a savings to the District in the amount <$2,035.50 >. G. The Bid Form accounted for installation of electrical conduit for the Lower Cold Creek Booster Station underground power service, on a cost per linear foot basis, using the approximate quantity of 283 linear feet. The Contractor actually installed 265 linear feet of conduit. At the bid price of $24.74 per linear foot, the reduction of 18 linear feet of conduit installation results in a savings to the District in the amount <$445.32 >. H. The Bid Form accounted for installation of asphalt patching at the Cold Creek Filter Plant site, on a cost per square foot basis, using the approximate quantity of 225 square feet. The Contractor actually installed 120 square feet of asphalt. At the bid price of $10 per square foot, the reduction of 105 square feet of asphalt patch installation results in a savings to the District in the amount <$1,050.00 >. I. The Bid Form accounted for installation of pervious pavement at the Cold Creek Filter Plant site, on a cost per square foot basis, using the approximate quantity of 5,340 square feet. The Contractor actually installed 5,383 square feet of pavement. At the bid price of $13.45 per square foot, the increase of 43 square feet of pavement installation results in an additional cost to the District in the amount $578.35. J. The Bid Form accounted for installation of a post- and - lagging retaining wall at the Cold Creek Filter Plant site, on a cost per linear foot basis, using the approximate quantity of 191 linear feet. The Contractor actually installed 182 linear feet of wall. At the bid price of $112.57 per linear foot, the reduction of 9 linear feet of wall installation results in a savings to the District in the amount <$1,013.13 >. K. Three bollards at Cold Creek Filter Plant were eliminated from the Work at the direction of Staff, resulting in a credit to the District in the amount <$1,200.00 >. L. During construction the Contractor found that the existing manholes at Cold Creek Filter Plant could not be raised with grade rings per the Contract without undermining the stability of the manholes. At the direction of staff, the Contractor replace the existing barrels and cones instead of installing grade rings at a net cost to the District in the amount $4,184.00. M. During construction the Contractor encountered approximately 60 linear feet of buried 10" pipe that was not identified on the plans. At the direction of staff, the Contractor removed the pipe at an additional cost to the District in the amount $455.00. N. At the recommendation of the Contractor for ease of maintenance and improved access, the size of the access gate was increased from 14 feet to 20 feet. The net cost to the District for increasing the size of the gate is $1,027.00. -26- Julie Ryan January 5, 2012 Page 3 O. As dictated in the Contract Documents for the above - referenced project, at the acceptance of the Schedule A work, the remainder of the Schedule B work is to be assigned to the contractor performing the Schedule B work. The Schedule A work, which includes the majority of the work on the project excepting the landscaping and landscape maintenance, has been completed by Haen and accepted by staff. The Schedule B work has been partially completed by V&C as a subcontractor to Haen. With the approval of the Assignment of Contract, the remainder of the Schedule B work will be performed by V&C under contract to the District, in the amount $14,118.05. The amount remaining for maintenance of landscaping at Cold Creek Filter Plant site is $7,582.05. The amount remaining for maintenance of landscaping at Ralph Tank site is $6,536.00. $14,118.05 will be deleted from the Contract with Haen. Staff recommends that the Board approve Change Order No. 2 to the District's contract with Thomas Haen Company in the credit amount <$9,611.82 >. With $50,110.93 in Change Orders approved previously, this Change Order No. 2 brings the contract total to $511,928.04. The Engineer's Estimate for construction was $709,635.00. SCHEDULE: As soon as possible COSTS: $4,506.23 ACCOUNT NO: 2029 -7091 /DEMOFP ($3,924.55); 2029 -7091 /FPELEC ( <$445.32 >); 2029- 9856 /BMPRET ($1,027.00) BUDGETED AMOUNT REMAINING: $215,908 ATTACHMENTS: Change Order No. 2. CONCURRENCE WITH REQUESTED ACT GENERAL MANAGER: YES AG7T NO CHIEF FINANCIAL OFFICER: YES %/b NO -27- CATEGORY: Water -28- CHANGE ORDER NUMBER 2 Project Cold Creek and Ralph Tank SEZ Restoration Contractor Thomas Haen Company. Inc. Date: January 5. 2012 PO # P24280,24277, 24278,24279 The Contract Shall Be Changed As Follows: A. Amend Bid Item 22 to include all labor, equipment, materials and subcontractor costs for the installation of wall drain at the new post- and - lagging retaining wall at Cold Creek Filter Plant site. This item addresses in full the additional work requested in Design Construction Memoranda #14 dated October 10, 2011. The additional cost for this work is $1,742.42, as detailed in Daily Work Report #2245 dated October 11, 2011. TOTAL FOR ITEM A IS $1,724.42 TOTAL FOR CHANGE ORDER NUMBER 2 IS A+ B+ C+ D+ E +F +G +H +I +J +K +L +M +N +0=49,611.82> Original Contract Previous Change Order Current Contract THIS CHANGE ORDER New Contract Total $471,428.93 $50,110.93 $521,539.86 49,611.82> $511,928.04 472 Calendar Days 472 Calendar Days 0 Calendar Days 472 Calendar Days Contractor agrees to make the herein - described changes in accordance with the terms hereof. The change in contract price and /or contract time noted is full settlement for costs incurred because of the change(s) described, unless specifically noted in individual description(s). Authorized By STPUD Board President Accepted By Contractor Reviewed By Date: Date: Date: -29- 1 B. Amend Bid Item 22 to include all labor, equipment, materials and subcontractor costs for the premium time increment of labor costs to complete the retaining wall at the Cold Creek Filter Plant site. This item addresses in full the additional work requested in Design Construction Memoranda #15 dated December 16, 2011. The additional cost for this work is $1,117.80, as detailed in Daily Work Report #2244 dated October 8, 2011. TOTAL FOR ITEM B IS $1,117.80 C. Amend Bid Item 20 to include all labor, equipment, materials and subcontractor costs for the installation of a swale at the southeast corner of the Cold Creek Filter Plant site. This item addresses in full the additional work requested in Design Construction Memoranda #16 dated December 16, 2011. The additional cost for this work is $393.75, as detailed in Daily Work Report #2247 dated October 13, 2011. TOTAL FOR ITEM C IS $393.75 D. Amend Bid Item 15 to include all labor, equipment, materials and subcontractor costs to terminate the discharge piping inside the pump station wall at the Cold Creek Filter Plant site. This item addresses in full the additional work requested in Design Construction Memoranda #17 dated December 16, 2011. The additional cost for this work is $465.90, as detailed in Daily Work Report #2248 dated October 13, 2011. TOTAL FOR ITEM D IS $465.90 E. Amend Bid Item 11 b to reflect a 3 linear foot increase in the Contract quantity for 12" Class 165 PVC suction piping, for additional work performed. At the Contract rate of $101.32 per linear foot, this increase in the Contract quantity results in an additional cost to the District in the amount $303.96. TOTAL FOR ITEM E IS $303.96 F. Amend Bid Item 12b to reflect a 23 linear foot reduction in the Contract quantity for 10" Class 235 PVC suction piping, for work not performed. At the Contract rate of $88.50 per linear foot, this reduction in the Contract quantity results in a credit to the District in the amount $2,035.50. TOTAL FOR ITEM F IS <$2,035.50> G. Amend Bid Item 16 to reflect an 18 linear foot reduction in the Contract quantity for electrical conduit, for work not performed. At the Contract rate of $24.74 per linear foot, this reduction in the Contract quantity results in a credit to the District in the amount $445.32. TOTAL FOR ITEM G IS <$445.32> H. Amend Bid Item 18 to reflect a 105 square foot reduction in the Contract quantity for asphalt patching, for work not performed. At the Contract rate of $10.00 per square foot, this reduction in the Contract quantity results in a credit to the District in the amount $1,050.00. TOTAL FOR ITEM H IS <$1,050.00> I. Amend Bid Item 21 to reflect a 43 square foot increase in the Contract quantity for pervious pavement, for additional work performed. At the Contract rate of $13.45 per square foot, this increase in the Contract quantity results in an additional cost to the District in the amount $578.35. 2 -30- TOTAL FOR ITEM I IS $578.35 J. Amend Bid Item 22 to reflect a 9 linear foot reduction in the Contract quantity for post and lagging retaining wall, for work not performed. At the Contract rate of $112.57 per linear foot, this reduction in the Contract quantity results in a credit to the District in the amount $1,013.13. TOTAL FOR ITEM J IS <$1,013.13> K. Amend Bid Item 23 to eliminate three bollards from the Work at Cold Creek Filter Plant. This item addresses in full the modifications identified in Design Construction Memorandum #19, dated December 22, 2011. The credit to the District for work not performed is $1,200.00 TOTAL FOR ITEM K IS <$1,200.00> L. Amend Bid Item 10 to include all labor, equipment, materials and subcontractor costs to replace the cone and barrel at two sewer manholes at Cold Creek Filter Plant in lieu of raising them. This item addresses in full the additional work requested in Design Construction Memoranda #6A dated October 6, 2011, and #6B dated December 22, 2011. The additional cost for this work is $4,184.00, as detailed in letters from Thomas Haen Company dated October 4, 2011, and December 21, 2011. TOTAL FOR ITEM L IS $4,184.00 M. Amend Bid Item 20 to include all labor, equipment, materials and subcontractor costs remove approximately 60 If of 10" pipe not identified in the Contract Documents. This item addresses in full the additional work requested in Design Construction Memoranda #2 dated August 17, 2011. The additional cost for this work is $455.00, as detailed in the letter from Thomas Haen Company dated August 31, 2011. TOTAL FOR ITEM M IS $455.00 N. Amend Bid Item 23 to include all labor, equipment, materials and subcontractor costs to increase the size of the access gate at the Cold Creek Filter Plant site from 14 feet to 20 feet. This item addresses in full the additional work requested in Design Construction Memoranda #18 dated December 22, 2011. The additional cost for this work is $1,027.00, as detailed in the letter from Thomas Haen Company dated November 30, 2011. TOTAL FOR ITEM N IS $1,027.00 0. Amend the Contract to include the Assignment of Construction Contract from Haen to V &C per the attached Assignment of Construction Contract. Included in the assignment is the transfer of $14,118.05 from Haen contract to V &C. The total for Item 0 is a deletion of $7,582.05 from Bid Item 38 and $6,526.00 from Bid Item 40. TOTAL FOR ITEM 0 IS <$14,118.05> TOTAL FOR CHANGE ORDER NUMBER 2 IS A+ B+ C+ D+ E+ F +G +H +I +J +K +L +M +N +0= <$9,611.82> 3 -31- ASSIGNMENT OF CONSTRUCTION CONTRACT This Assignment of Construction Contract (Assignment) is entered into on this day of January, 2012, by and between Thomas Haen Company, Inc., a California corporation (Haen), V &C Construction, Inc., a Nevada corporation (V &C), and the South Tahoe Public Utility District, a California public agency (District), at South Lake Tahoe, California, with reference to the following facts and intentions: A. On April 28, 2011, the District invited bids from contractors to perform certain demolition and construction work related to replacing and restoring portions of two District facilities, commonly described as "Cold Creek Filter Plant and Ralph Tank BMP and SEZ Restoration Project" (Project); B. Haen was the low bidder for the Project and the District awarded construction of the Project to Haen. The District and Haen entered into a contract, dated June 29, 2011, and subsequently modified by change orders (collectively "Contract "), for construction of the Project; C. Haen entered into a subcontract with V &C (Subcontract) with respect to performance of landscaping revegetation and maintenance related services for the Project; D. As of December 16, 2011, all work on the project was complete and accepted, with the exception of landscaping maintenance and landscaping demobilization, which will continue through November 3, 2012; E. Haen's further performance of the Contract is being terminated for convenience concurrently with the parties' execution of this Assignment. The District shall be responsible for any further performance of the Contract including completion of the Project by such means and methods as the District determines appropriate; F. In order to complete the Project, the District has determined that the services of another general contractor are necessary for performing the remaining scope of work for the Project. Consequently, the District and V &C have negotiated the terms and conditions under which V &C will complete performance of the Contract as the general contractor; and, G. Haen agrees to irrevocably assign the Contract to V &C, V &C agrees to irrevocably accept such assignment of the Contract from Haen, and the District consents to and irrevocably accepts such assignment, pursuant to the terms and conditions of this Assignment. NOW, THEREFORE, the parties agree as follows: 007627\0009 \601238.1 - 3 - 1. Assignment. Haen irrevocably assigns, transfers and conveys any and all of its rights and obligations pursuant to the Contract, and V &C irrevocably accepts and assumes such assignment, subject to the terms and conditions of this Assignment. 2. Exemption from Liability. a. Haen. Notwithstanding this Assignment, Haen, its performance and/or payment bond surety, as well as any of their respective agents, employees, insurers, shareholders, attorneys and representatives, shall not have any responsibility or liability for the work performed by V &C (or on its behalf) on the Project after the effective date of this Assignment. b. V &C. V &C, its performance and/or payment bond surety, as well as any of their respective agents, employees, insurers, shareholders, attorneys and representatives, shall not have, as a result of this Assignment, any greater, lesser or modified liability or responsibility for the work performed by Haen (or on its behalf) on the Project prior to the effective date of this Assignment. c. Scope of Exemption. The rights and responsibilities of Haen and V &C, with respect to each other, for conduct occurring prior to the effective date of this Assignment shall remain unaltered by this Assignment. d. Representation and warranty. The District represents to Haen and V &C that no work has been performed on the Project after December 16, 2011. V &C represents to Haen and the District that there are no known unpaid claims and that it has been fully paid by Haen for the work performed on the Project prior to December 16, 2011. 3. Indemnification a. Haen. Haen shall indemnify, defend and hold harmless V &C, its performance and payment bond surety, and their respective officers, directors, insurers, attorneys, representatives, shareholders, agents and employees, from and against all claims, damages, losses, liabilities and expenses, including attorneys' fees and costs, which arise out of, relate to or result from Haen's performance of the Contract and work performed on the Project prior to the effective date of this Assignment, except with respect to work performed and/or materials, equipment and supplies by or on behalf of V &C for Haen prior to December 16, 2011, and Haen's breach of this Assignment. b. V &C. V &C shall indemnify, defend and hold harmless Haen, and its performance and/or payment bond surety, and their respective officers, directors, insurers, attorneys, representatives, shareholders, agents and employees, from and against any and all claims, damages, losses, liabilities and expenses, including attorneys' fees and costs, which arise out of, relate to or result from V &C's performance of the Contract and work performed on the Project after the effective date of this Assignment and V &C's breach of this Assignment. 007627\0009\601238.1 4. Subcontract. Haen and V &C agree that their respective further performance obligations under the Subcontract shall be terminated as of the effective date of this Assignment but that this Assignment shall not release or discharge Haen or V &C from their respective duties, obligations and liabilities to each other under the Subcontract, whether such duty, obligation or liability occurs before or after the effective date of this Assignment, including but not limited to insurance and/or indemnity obligations. V &C's scope of work pursuant to the Subcontract shall be incorporated into the Contract by the change order referenced in Section 6, below. 5. Uncompleted Work. The remaining work to be completed on the Project generally consists of re- vegetation maintenance at Ralph Tank and Cold Creek Filter Plant sites, dismantling and demobilization of the temporary irrigation systems, and site - cleanup related to maintenance dismantling activities (collectively "Uncompleted Work "). 6. Change Order. Concurrently with the parties' execution of this Assignment, the District and V &C are entering into a change order to modify the Contract with respect to the Uncompleted Work, the cost for completing the Uncompleted Work, and such other terms and conditions as mutually agreed between the District and V &C (Collectively "Change Order "). 7. Submittals. Prior to the commencement of construction of the Project by V &C, as the general contractor, V &C shall submit to the District performance and payment bonds in an amount equal to the cost to complete the Project, insurance policies, endorsement and certificates, construction schedule and such other submittals as required by and in conformance with the Contract for the remaining scope of work on the Project. 8. Force and Effect. Except as modified by this Assignment, the Contract shall continue in full force and effect. 9. Conflicts. In the event of a conflict between this Assignment and the Contract, the terms and conditions of this Assignment shall control in all respects. 10. General Provisions. a. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Assignment, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees). b. Authority. The individuals executing this Assignment represent and warrant that they have the authority to enter into this Assignment and to perform all 007627\0009 \601238.1 acts required by this Assignment pursuant to authorized and valid resolution(s) of the governing body for the party which they represent, 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 conditions of this Assignment. c. Construction. The provisions of this Assignment should be liberally construed to effectuate its purposes. The language of all parts of this Assignment shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. d. Successors and Assigns. This Assignment shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. e. Governing Law. The validity and interpretation of this Assignment shall be governed by the laws of the State of California, with venue for all purposes to be proper only in the Superior Court for El Dorado County, Placerville Branch, State of California. f, Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted; to be effective, shall be in writing and shall be delivered, either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or other similar overnight delivery service, to the party to whom the notice is directed at the address of such party as follows: To: District With a copy to: 047627\0009\601238.1 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Attn: General Manager Bradley J. Herrema Brownstein Hyatt Farber Schreck LLC 21 E. Carrillo Street Santa Barbara, CA 93101 -2782 To: Haen To: V &C Thomas Haen Company, Inc. P.O. Box 8998 South Lake Tahoe, CA 96158. V &C Construction, Inc. P.O. Box 1269 Minden, NV 89423 Any communication given by mail shall be deemed delivered two (2) business days after such mailing date, and any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address. g. Severability. If any term, provision, covenant or condition of this Assignment is determined to be unenforceable by a court of competent jurisdiction, it is the parties' intent that the remaining provisions of this Assignment shall remain in full force and effect and shall not be affected, impaired or invalidated by such a determination. h. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Assignment, the prevailing party shall be entitled to recover actual attorneys' fees which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees to be awarded shall be made to fully reimburse for all attorneys', paralegal and experts' fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys', paralegal and experts' fees, costs and expenses paid or incurred in good faith. i. Effect of Execution by FAX. The signature of any party to this Assignment appearing on a facsimile copy (FAX) of this Assignment shall constitute and be deemed the equivalent of an original signature of the person on behalf of the party for which that person signed. Any party submitting a FAX signature to this Assignment shall, within seven (7) days after signature, provide his or her original signature page to Bradley J. Herrema, Brownstein Hyatt Farber Schreck LLC, 21 E. Carrillo Street, Santa Barbara, CA 93101 -2782. Failure by any party to forward his or her original signature within the seven (7) day period shall not impair or invalidate the effectiveness of this Assignment. j. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. k. Entire Agreement and Amendment. This Assignment contains the entire understanding and agreement of the parties with respect to the matters 007627\0009 \601238.1 considered, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Assignment. This Assignment may be altered, amended or modified only by an instrument in writing, executed by the parties to this Assignment and by no other means. Each party waives their future right to claim, contest or assert that this Assignment was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first stated above. V &C HAEN V &C Construction, Inc. Thomas Haen Company, Inc. By: By: , President , President CONSENT TO ASSIGNMENT The District accepts and consents to the above - described Assignment of the Contract from Haen to V &C pursuant to the terms and conditions of the Assignment. DISTRICT South Tahoe Public Utility District By: Eric Schafer, Board President ATTEST: By: Kathy Sharp, Clerk of the Board/ Executive Secretary 007627\0009\601236.i 2411 -1243 00:21 TNC 1 rs, oe sidarcd, end dam bane boom rape+eatrodk .t, overarms, transudes or nairdadags by ono i� or **Mk chwaser or woe i a000R as salad M Ile* AndPROlik Ids Aairatroat nay bo WOW, mended d r weed ay by an lannanaul In mans atinied ,by die 'odd to sills AaeldMtast and by soother snow doh • .. aks th irA>lna rat chila.Mkt arm of start dais Assiut was } ; , `a' k aoudad, aapaeea de d or oiw t by Kw eat apaotnent, tours of cordad, avatar or eroelspet IN WITNESS meteor. dsa ranks nks bao anaseed *li Masons of tho dare fait woad sbsv . P 8/8 The Mudd woos and doom lot* s Contrast dem lbws to V&C /mount btbe taro amd DISTRICT Scads Tahoe Pada UtWNtr District ATTEST: 8; Xadu Shop, Clark �Yoftbe t3a*tt re Seaway 6 sari of de South Tahoe Public Utility District General Manager Richard H. Sollxig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 - 0614 • www.stpud.u5 BOARD AGENDA ITEM 4d TO: Board of Directors FROM: Dennis Cocking, Public Information Officer MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: 2012 Washington, D.0 Legislative Advocacy REQUESTED BOARD ACTION: Authorize execution of contract with ENS Resources, Inc., in the amount of $76,994. DISCUSSION: ENS Resources, Inc. (Eric Sapirstein and David French) have effectively and successfully advocated on the District's behalf regarding federal governmental matters since 1997. ENS Resources, Inc. has submitted their proposal for ongoing legislative advocacy in Washington, D.C. for the calendar year 2012. It should be noted the proposal reflects no increase (and has not since 2008) and is identical to the proposal submitted for calendar year 2011. SCHEDULE: COSTS: $76,994 ACCOUNT NO: 50/50 27 -4405 BUDGETED AMOUNT REMAINING: $59,716 remaining through 6/30/12 ATTACHMENTS: Proposal and scope of work CONCURRENCE WITH REQUESTED ACTT, % • CATEGORY: Sewer and Water GENERAL MANAGER: YES .�/ - NO CHIEF FINANCIAL OFFICER: YES � NO -39- -40- ENS - (RESOURCES December 4, 2011 Mr. Dennis Cocking Public Information Officer South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Dear Mr. Cocking: It is with great pleasure that ENS Resources, Inc. (ENS) provides the enclosed extension of the contract between South Tahoe Public Utility District and ENS. We are delighted for consideration to continue our representation of the District in the coming year. As in the past year, we propose to extend our existing contract for an additional period of twelve months. This extension would incorporate all provisions of our current contract. We enclose a copy of an updated scope of services that addresses our understanding of the District's current and future goals and objectives. If you have any questions, please give me a call and I would be happy to discuss them with you. Again, on behalf of David and me, we appreciate the opportunity to continue to work with you and the entire staff of the South Tahoe Public Utility District Enclosure: Scope of Work ENS Resources, Inc. 1101 14th Street, N.W. / Suite 350 Washington, D.C. 20005 / Telephone (202) 466 -3755 Telefax: (202) 466-3787 www.etaffin1rces.com SCOPE OF SERVICES FEDERAL LEGISLATIVE AND REGULATORY REPRESENTATION ON BEHALF OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT A. Goals and Objectives ENS Resources, Inc. understands that the South Tahoe Public Utility District (District), federal priorities in 2012 will require ENS to undertake a number of varied initiatives that will either continue ongoing projects or launch new projects or priorities. Chief among these activities will be: 1. Fiscal Year 2012 Appropriations • Maintain its activities supporting fire suppression programs within the Lake Tahoe Basin. • Monitor development of water infrastructure spending programs to identify potential funding opportunities. • Work with the District to review budget requests and if appropriate provide federal policymakers with District views and concerns with such requests. 2. Infrastructure Assistance • Monitor development of infrastructure assistance initiatives including renewal of the Tahoe Restoration Act, Water Resources Development Act, State Revolving Loan Fund, Infrastructure Bank and other funding initiatives. • Provide District with analyses and evaluation of project opportunities related to infrastructure initiatives. • Monitor development of regulatory program opportunities that may present competitive grants assistance for the construction of traditional and innovative (energy) infrastructure. • Provide District with alternative funding strategies to consider for developing cost effective infrastructure programs. 3. Tahoe Restoration Act Reauthorization • Develop in consultation with District project priorities for incorporation into renewed Tahoe Restoration Act. • Work with District congressional delegation to preserve existing Tahoe Restoration Act utility relocation costs eligibilities. • Work with federal agencies to determine program opportunities to advance protection and restoration of Lake Tahoe Basin. 4. Federal Lands Exchange • Work with District to explore options for obtaining federal lands at Harvey Place Reservoir in exchange for District owned lands 5. Water Resources • Monitor federal legislative and regulatory initiatives that may impact District management of water resources. • Develop in consultation with District legislative initiatives to address potential water transfers or recycled water supplies. 6. Regulatory Monitoring • Implement a program to monitor federal agency programs and regulations. • Advise District of opportunities or impacts of such agencies' actions. • Develop as appropriate District responses to such agencies' initiatives. 7. Energy Production • Work with District officials to potentially develop concepts to develop alternative energy production within Alpine County. • Monitor Department of Energy alternative energy production programs for potential funding opportunities for District operations. • Monitor Environmental Protection Agency programs for project funding opportunities. • Advise District on funding opportunities and provide as requested support to development of competitive bids. 8. General Updates • Provide periodic updates on the status of federal programs of interest to the District • Provide summary statements on legislative and regulatory priorities pending before Congress and the Executive Branch. • Conduct periodic conference calls with District. • Meet with District officials to provide updates and to develop and review approved federal strategies. B. Scope of Services Implementation We propose to maintain our current level of services as provided during the past year. In the course of conducting these activities, we will work with the General Manager or his designee. The services will continue to focus on three areas: • Legislative Liaison and Representation • Executive Branch Liaison and Representation • Washington - Association Liaison 1. Legislative Liaison and Representation • Work with District officials to re- evaluate goals, objectives and priorities; • Develop legislative strategy to implement to attain goals and objectives; • Maintain and expand congressional liaison on behalf of the District; • Monitor status of legislative proposals of interest to the District and provide updates; • Draft appropriate legislative communications for use by District officials, including position statements, briefing papers, talking points, and other materials deemed appropriate to advance District needs; • Arrange and coordinate visits by District officials to Washington and /or in California as necessary; and • Provide periodic written updates and oral reports to the District detailing matters affecting the District and its identified priorities; including at least one formal presentation to the District Board of Directors. 2. Executive Branch Liaison and Representation • Re- evaluate with District officials regulatory matters of concern for monitoring at various federal agencies including U.S. EPA; U.S. Forest Service and the Department of the Interior; • Work with District officials to develop a strategy to implement a program dedicated to the District's regulatory priorities; • Analyze and prepare written memorandum on federal agency initiatives of interest or concern to the District including water quality and water supply mandates, including potential funding opportunities; • Conduct general monitoring of agency activities to identify potential initiatives of interest to the District and its operations; • Arrange and coordinate meetings between District officials and federal agency officials in Washington or in the District to discuss issues of interest; and • Provide support to District officials in the development of written materials related federal agency program funding solicitations and regulatory requests for public comments. 3. Washington -based Association Liaison ENS will continue to provide liaison with Washington -based trade associations involved in issues of interest to the District This will include working with the Association of California Water Agencies, National Association of Clean Water Agencies, WateReuse Association, American Water Works Association and other organizations involved in the advocacy of water quality and water supply policies. C. Terms of Agreement 1. In carrying out the scope of services, ENS and the District agree that Eric Sapirstein and David French will serve as points of contact The District designates as its point of contact the General Manager or his designee. 2. In exchange for these services, the District agrees to reimburse ENS for its services based on a monthly retainer of $6416.17. Other direct costs, includingstravel will be billed in addition to this retainer based on actual costs incurred. Such retainer and costs shall be paid not later than the fifteenth day of the month for which such services are provided. 3. The term of this agreement shall be January 1, 2012 through December 31, 2012. Either party to this agreement may terminate the agreement with or without cause provided that thirty days notice is provided in writing. In such event that termination is exercised by the District, ENS will be compensated for any and all outstanding costs and services consistent with the provisions of this agreement up to the date of such notice of termination. 4. ENS will comply with all applicable and appropriate federal registration requirements. 5. ENS will provide its best efforts, working with the District, to attain the identified goals and objectives as agreed to by ENS and the District -46- South Tahoe Public Utility District General Manager Richard H. Sollnig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan Eric Schafer I 1275 Meadow Cr st Drive • South Lake Tahoe. CA 96150-7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpu4.u5 BOARD AGENDA ITEM 4e TO: Board of Directors FROM: Dennis Cocking, Public Information Officer MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: Association of California Water Agencies (ACWA) 2012 REQUESTED BOARD ACTION: Approve payment to ACWA for membership dues, in the amount of $18,295. DISCUSSION: For over twenty years, the District has been an active member of the Association of California Water Agencies (ACWA). ACWA represents over 450 water agencies statewide who collectively deliver over 90% of the water in California. The District is represented in regional issues (Region 3 Board of Directors), federal legislative advocacy efforts (Federal Affairs Committee), state legislative advocacy efforts (State Legislative Committee), and water quality and regulatory issues (Clean Drinking Water Sub - Committee). SCHEDULE: As soon as possible COSTS: $18,295 ACCOUNT NO: 2019 -6250 BUDGETED AMOUNT REMAINING: $18,250 ATTACHMENTS: Invoice CONCURRENCE WITH REQUESTED ACTIO, : GENERAL MANAGER: YES / NO CHIEF FINANCIAL OFFICER: YES -47 NO CATEGORY: Water -48- Association of California Water Agencies 2012 Membership Dues Calculation ID Number: 14796 Name: South Tahoe PUD Date: October 21, 2011 (1) Operating Expenses (2) All Other Expenses «< LESS >» (4) Purchased Power (5) Water Purchases (6) Groundwater Replenishment (7) Depreciation (8) Fixed Assets «< LESS »> (10) Pumping (12) Line 11 times 2 (13) Dues O &M (lessor of lines 9 or 12) (3) Total Expenses (9) Total Adjusted Expenses (11) Total Expenses Adjusted For Pumping DUES AMOUNT $26,912,431 $0 $26,912,431 $0 $0 $0 $6,582,930 $0 $20,329,501 $0 I $20,329,5011 $40,659,002 $20,329,501 $18,2951 *** THIS IS NOT A BILL - PLEASE DO NOT PAY FROM THIS WORKSHEET *** Prior Year Adjusted O&M Amount: $19,633,254 VALUE OF YOUR ACWA MEMBERSHIP TE LE SLATION Do you have $75,000 - $125,000 for a full time lobbyist? One of the most important services provided by ACWA is to sponsor legislation on behalf of its membership. ACWA advocates develop and maintain personal relationships with members of the legislature, their personal staff, and committee consultants to actively lobby bills that benefit the membership. ACWA also protects member agency revenues by tracking the state budget and proposed fees. In 2010, over $11 million in new fees that were proposed for water agencies were beaten back by ACWA and its member agencies. ACWA: T ;AFf IRS Do you have $1,000 per month to fly to Washington, D.C.? (... make that $2,000 including luggage fees, hotel room, tips and meals) Through its Washington, D.C., office, ACWA staff develops personal relationships with congressional and executive branch officials and their staff while monitoring federal legislation that affects California water. How much did you spend on regulatory fines because you `Did not know'? Or can you risk $ioo,000 if you do? Through technical expertise, interaction and proximity to key agencies, ACWA has been able to significantly influence and improve scores of regulatory and policy actions that affect its members. In 2010, ACWA saved its members more than $1 million in mandatory minimum penalty rescissions. COM+ UNIC TI_ t & 14TREA Do you have $50,000 - $75,000 for a full time public relations consultant? ACWA influences key decision makers by maintaining an ongoing media presence, engaging the public in the water debate, and maintaining a unified, statewide voice on water. Publications such as ACWA News and ACWA Washington Report keep members informed on important developments in the water industry. As a member, you receive information on California's water issues that can be found nowhere else! ACWA EVENTS. :& REGISTRATION_ .- Save up to 50 %! ACWA plans and executes two semi - annual state -wide conferences, along with numerous local region meetings and topic- specific workshops. Agency members save up to 5o% on conference registrations! APPROVED PREFERRED PROVIDER PROGRAM Save 15% and more! ACWA- approved services and products are diverse — from help with human resources, to insurance and benefits, to energy, fleet, solar, and water. All of them provide our membership with great opportunities at a reduced price, negotiated by utilizing ACWA's buying power. BENEFITS & INS ANCE When was the last time your insurer gave you money back? Phenomenal cost savings are the bottom line with ACWA/Joint Powers Insurance Authority (JPIA) and ACWA/Heaith Benefits Authority (NBA). These risk - sharing pools are cost - effective insurance programs and health plans available only to public water agencies who are members of ACWA. Providing the highest level of customer service and free operations, safety, and human resources training, ACWA agency members bypass the high cost of insurance. And even more savings... in 2010, ACWA/JPIA refunded $7.4 million to its members. ACWA. Membership. Dues. `Make Sense' O &M'Range. $� =2011',000 $ o± $va, $NSF >:ti 4, ot- $5000:#4,000. For more information see ACWA's web site at www.acwa.com ACWA Dues Ralge $815` $1,980 3c5'- W.fia $12,:00 -,$19;405- • $24497'084145 $4076 :.. South Tahoe Public Utility District General Manager Richard H. 5olbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan 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 4f TO: Board of Directors FROM: Paul Hughes, Chief Financial Officer MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: Water Rate Study Amendment REQUESTED BOARD ACTION: Approve update to the 2011 water rate study by HDR Engineering, in an amount not to exceed $7,560. DISCUSSION: At the December 15, 2011, Board workshop, staff was directed to work with the District's rate consultant, HDR Engineering, to provide for Board discussion and consideration, various meter rate scenarios, including a change in the fixed and variable charge ratios, and an additional tiered structure. The not to exceed amount of $7,560 includes one on -site meeting to be held in mid to late January in a Board workshop setting. SCHEDULE: Rate consultant will present results during a Board workshop later in January. COSTS: Not to exceed $7,560 ACCOUNT NO: 2039 -4440; 2039 -4405 BUDGETED AMOUNT REMAINING: $4,153; $13,849 ATTACHMENTS: Task Order Request CONCURRENCE WITH REQUESTED ACTIO) : GENERAL MANAGER: YES �I , NO CHIEF FINANCIAL OFFICER: YES lI ■ NO -51- CATEGORY: Water -52- December 28, 2011 Mr. Paul Hughes Chief Financial Officer South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Subject Water Rate Study Contract Task Order Request Dear Mr. Hughes: HDR Engineering, Inc. (HDR) was retained by the South Tahoe Public Utility District (District) to provide a comprehensive water rate study in late 2010, with the study results implemented in July 2011. Since that time the District has implemented rates and is starting the budgeting process for the next fiscal year (FY 12/13). The District has received comments and questions from customers that the District has asked HDR to assist in developing responses, participate in conference calls with staff and the District Board, and develop alternative rate structures for review for implementation in FY 12/13. Provided below is a summary of the specific tasks as discussed with District staff at this time. Scope of Services HDR's experience in developing the District's prior water rates will expedite the development of the analysis. Provided below are the tasks to provide the services being requested by the District. 1. Customer Responses- The District has requested that HDR assist in the development of responses to customer concerns and address these responses with the District's Finance Committee and staff. 2. Alternative Water Rate Structures- Up to four (4) alternative rate structures will be developed for review by the District Board. At this time It is assumed that the alternative rate structures will consist of the current rate structure, with varying rate adjustments to meet the FY 12/13 budget needs, as well as one alternative with a tiered, or increasing block, rate structure. In addition, the rate structure will reflect the current Board direction that for the metered rates a target ratio of 65/35, or transition to this level, of fixed to variable revenues will be included in each alternative. Each of the alternatives will be provided to the District for review. The analysis will include bill comparisons to show the impact on metered customers at various levels of consumption. It is assumed that the flat, un- metered, rate will be adjusted by the overall rate adjustment for the budget period. 3. Meeting and Presentation - The District has requested that HDR provide one (1) presentation to discuss the alternative rate structures developed to the District Board. The presentation will discuss the strengths and weaknesses of the alternatives and provide a discussion of the assumptions that were used in developing the alternative rate structures. HDR &suutring. loc. -53- 500 108th Moue NE Suite 1200 Bellevue. WA 98004 -564! Pion: (4251450620[ Fax 14251453 -7107 www.hdrinc.com Key Project Team Members Provided below is a review of the key project team members for the District's rate analyses. Shawn Koom, Project Manager - Shawn was the project manager for the District's prior water rate study. In the role of Project Manager, Shawn will be responsible for the development of the alternative rates and presentation to the Finance Committee. Kristina Larkey, Financial Analyst - Kristin will provide the technical analysis for the development of the alternative water rate structures. Kristina assisted in the development of the water rate study analysis. Tom Gould, Project Principal - Tom is the National Business Director for Utility Rates and Finance for HDR. Tom will be available to review the analyses and provide direction as needed. Proposed Time Schedule The District has requested one (1) presentation of the alternative water rate structures at a meeting with the Board in mid to late January 2012. Given HDR's familiarity with the District's data and prior rate analysis, HDR does not have any concerns meeting this timeline, assuming the data is similar in nature as the prior data for the rate study analysis. Estimated Project Fees Given the current hourly billing rates, HDR has estimated that the labor fees associated with the proposed scope of services for the services requested by the District would be as follows: Summary of the Estimated Fees for the District's Water Rate Alternative Analysis Eafikorr Task 1: Customer Responses Task 2: Alternative Water Rate Structures Task 3: Meeting and Presentation Total Labor - Ekpeasew Total Expenses Grand Total 'Not to Exceed' Fees $890 4,130 1.580 $6,600 $960 SIM HDR would propose that the District be billed on a time and materials basis. HDR will provide monthly invoices, if the project extends over multiple accounting periods, detailing the time and effort expended and the tasks completed. Any additional services requested shall be provided at the current hourly billing rates. Summary The above discussion has detailed HDR's approach, staffing, and fees for the development of alternative water rate structures for the FY 12/13 budget period. If needed, HDR is willing to HDR Engine.,ing. lee. -54- adjust our scope of work to meet the District's specific needs. Should you have any questions about the above scope and fee schedule please feel free to call. Sincerely, HDR ENGINEERING, INC. Shawn Koom Associate Vice President NDRE &gem mring.lac. //- -55- -56- SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri• , General Mana • er Dale Rise, President BOARD MEMBERS Paul Sciuto, Assistant General Mana • er Lou Mosbacher, Vice President Chris Cefalu, Director James R. Jones, Dir REGULAR MEETING OF THE. JO D OF SOUTH TAHOE PUBU' ITTILITY DISTRI DECEMBER 1, 2011 TORS Eric W. Schafer, Director MINUTES The Board of Directors of the South � s ublic Utility District met December 1, 2011, 2:00 p.m., at 1275 BOARD OF DIRECTORS: President Rise, Directors Mosbacher, Scha Director Jones was excused for bisfrict busin Crest Drive. STAFF: Solbrig, Sciuto : - s, R. Jo , Thie i ggatt, T. Powers, ; uss e, Bird, Pinkel, alen, Attorney GUESTS: Kelly Sheehan, Gretchen Chava g, Diane Noble, rria Tucker Chavarria led t Ned R : the flag. John Runnels thanked Direc Mosbacher for her years of service to the community. Moved Mosbacher / Second Schafer / Jones Excused / Passed to approve the Consent Calendar as submitted: a. Cattle Grazing Permit 2012: Diamond Valley Ranch - Awarded contract to the highest responsive, responsible bidder, Urrutia Ranch, in the monthly amount of $8,120; in a regular session, ROLL CALL PLEDGE OF ALLEGIANCE COMMENTS FROM THE AUDIENCE CONSENT CALENDAR REGULAR BOARD MEETING MINUTES - DECEMBER 1, 2011 PAGE - 2 b. 2011 Grizzly Mountain Waterline Project - (1) Approved the Project Closeout Agreement and Release of Claims for Burdick Excavating; and (2) Authorized staff to file a Notice of Completion with the El Dorado County Clerk; c. Snowshoe / Millich Slope and Bijou Sewer Relocates - Approved Change Order No. 5 to White Rock Construction, Inc., in the amount of $17,590; d. 2011 Water Tank Recoating Project - Approved Change Order No. 1 to Blastco, Inc., in the amount of $711.28; e. Asphalt Patching Services Contract / 2011 Grizzly MOaritdtn Booster Station Project - Approved Change Or ',, -r No. 3 to Thomas Haen Company, Inc., for asphalt p services, in the amount of $15,240; f. Grizzly Mountain Booster Station - Authorize. ?:', crea to Purchase Order No. P23745 for additional el instrumentation and controls engineering services, amount not to exceed $7,000. Richard Solbrig presented President Rise with a token of appreciation and thank <� t his servi as 2011 President. CONSENT CALENDAR (continued) PRESENTATION: 2011 BOARD PRESIDENT APPRECIATION MS FOR B .k': D ACTION Richard Solbr,read a letter o `{ men • ceived from Larry Most cher. He also read a the reso honoring Director Md 1 ocher for her=d✓ ice ,A - District, and presented her with a framd copy. Moved Schafer / SOpnd Rise / Jo . es Excused / Passed to adopt Resolution No. 2900 -11. Richard Solbrig read aloud the resolution honoring Director Rise for his service to the District, and presented him with a framed copy. Moved Mosbacher / Second Cefalu / Jones Excused / Passed to adopt Resolution No. 2901 -11. RESOLUTION 2900 -11: APPRECIATION TO DIRECTOR MOSBACHER FOR 21 YEARS OF SERVICE RESOLUTION 2901 -11: APPRECIATION TO DIRECTOR RISE FOR FOUR YEARS OF SERVICE Moved Schafer / Second Cefalu / Jones Excused / Passed PAYMENT OF CLAIMS to approve payment in the amount of $1,874,255.42. REGULAR BOARD MEETING MINUTES - DECEMBER 1, 2011 PAGE - 3 Finance Committee: The committee met November 18 with BB&H (plan benefits design consultants) concerning the health plan renewal. Director Schafer gave a summary of their discus- sions, including: plan changes, potential impacts of health care reform, and funding levels . CIP (Capital Improvement Program) Ad Hoc Committee: The committee met November 16. Director Schafer summarized the committee's discussions regarding the long -term planning process for capital improvement projects. Director Mosbacher reported she was proud to have s the District for 21 years. STANDING COMMITTEE REPORTS AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS Director Schafer reported he gave notice and will no longer se on the CASA (California Association of Sanitat-Agencies) federal legislative committee, and will also not t ovel to Washington D.C. with the CASA delegation. He stated it is important to identify another Board member or staff to c • tinue with CAA anctwould be happy to provide his insights if t • terest. Director Rise commented on his expen and his belief that he has been useful to Richard Solbrig reporte4 toff hoebeen loo of building hydro - electric power gyration Diamond Valley Ranch andn th =-line exp noted that an • • • cts co ` r t have the district • ers ort ey wif 'f^t a pu 3:00 - 3:1 3:15 - 3:25 P.M. ACTION / R s at the ipeline. He st benefit to d. ty MEETING BREAK ADJOURNMENT TO CLOSED SESSION AND RECONVENED TO OPEN SESSION RT ON ITEM DISCUSSED DURING CLOSED SESSION No reportable Board action. -59- Pursuant to Government Code Section 54956.9(a) /Conference with Legal Counsel- Existing Litigation re: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virgina ex ret. John Hendrix v. J -M -► REGULAR BOARD MEETING MINUTES - DECEMBER 1, 2011 PAGE - 4 No reportable Board action. 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 Pursuant to Government Code Section 54956.9(a) /Conference th Legal Counsel- Existing igation re: Los Angeles County Superior Court Case No. AC459943, State of Nevada, et al. v'iM Manufacturing, et al. 3:25 P.M. JOURNMENT ATTEST: fer, Bd President blic Utility District Ka arp, Clerk South . +e Public Ut i , Distric SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri • , General Mana • er Chris Cefalu, Director Paul Sciuto, Assistant General Mana • er Eric W. Schafer, Director James R. Jones, Director BOARD MEMBERS Rand Vo•el esan , Dir Kell Sheehan, Director REGULAR MEETING OF TH : < '" D OF TORS SOUTH TAHOE PU L ILITY DISTRI DECE 2011 The Board of Directors of the South December 15, 2011, 2:00 p.m., at 127 Public Utili Crest D BOARD OF DIRECTORS: Directors Cefalu, Jones, STAFF: Solbrig, Sharp, Sciuto, Hu P. Lavalee, Bi R. Johnson,, ct met in a regular session, ogelgesg, Sh GUESTS: Larry Mace / * t Thornton, Sch ` ' Bob Dog Pizza, Mary Lou Mosb -r, Mary Ko p, Joh nnels, Ernie Claudio, Ca , Whalenfjjoggatt, ersoni4lasmussen, Kv tad Mary Lou Mosbacher I ROLL CALL e to the flag. PLEDGE OF ALLEGIANCE The Clerk of the Board adm eyed Oaths of Office to newly OATHS OF OFFICE elected Board members: • Director Randy Vogelgesang - Seat 3 • Director Kelly Sheehan - Seat 4 Terms expire December 4, 2015. • Mary Lou Mosbacher congratulated Director Vogelgesang COMMENTS FROM THE for being elected to the seat she used to hold, and congratu- AUDIENCE lated Director Sheehan as well. REGULAR BOARD MEETING MINUTES - DECEMBER 15, 2011 PAGE -2 • Mary Kortge congratulated the newly elected directors, and thanked everyone who provided assistance to her during her recent run for election. • Ernie Claudio stated the middle class is dying and after attend- ing seven Occupy movements, has determined the problems are due to elected officials. He said the Occupied Movement and the middle class has to protect itself. He warned Board members if rates go up, they will put themselves in a position where they are part of the problem and will have to be eliminated. He • ad them to respectfully resign from office if they cannot keep s frozen or even lower them. COMMENTS FROM THE AUDIENCE (continued) • Brian Schwartz, Bob Dog Pizza, reported he is trying46 buil new restaurant, but fees for new commercial whookups w increase by $18,000 from this year to next yec $e requested the District work with him to develop a payment aan, or allow him to pay a deposit now in order to hold down the rates. Paul Hughes reported a Board Workshop was rec tly held and the directed staff to include the topic o • creases for'- "= ssion at the January 5 Board meeting. The . ; t I decide qflthat time whether or not capacity charges a ncreased;.e encouraged the Schwartz's to attend th it beds necessary, the Board can direct sq retroa Moved Jone Director S to elect ender year. Moved Sc elect Directo year. /Second S Ones as Boar x: Fp ed Unanimously to t for 2012 calendar BB&H Benefits D e s i g n , . , pe and went out for propo to determine stop loss ren appropriate funding level to self- insured health plan. Claims to date were annualized and then increased by an average trend factor to estimate the 2012 claims. Although claims experience in 2011 was unusually high, the average claims over the past five years indicates that the current funding level per employee per month is sufficient to fund expected claims and fixed costs. COBRA rates for 2012 increased slightly due to 2011 claims. The Finance Committee reviewed this item and recommended approval. rf ed an analysis of the plan tuber of insurance carriers tions and to determine the nd claims and fixed costs for the ELECTION OF OFFICERS: BOARD PRESIDENT ELECTION OF OFFICERS: BOARD VICE PRESIDENT HEALTH INSURANCE PLAN RENEWAL REGULAR BOARD MEETING MINUTES - DECEMBER 15, 2011 PAGE - 3 Moved Jones / Second Cefalu / Passed Unanimously to: HEALTH INSURANCE PLAN (1) Authorize renewing stop loss coverage with QBE with an RENEWAL $85,000 specific deductible; (2) Approve funding level at (continued) $1,975 per employee per month; and (3) Establish COBRA rates at single dental $70, family dental $200; single medical $900, and family medical at $2,200. The Board discussed whether the District should remain a member CALIFORNAI ASSOCIATION of CASA (California Association of Sanitation Agencies), and reviewed the benefits derived from maintaining a members Moved Jones / Second Cefalu / Passed Unanimously t mine that the District should remain a member of C authorize payment of 2012 dues in the amount of OF SANITATION AGENCIES Moved Vogelgesang / Second Cefalu / Pas animously , -,YM NT OF CLAIMS to approve payment in the amount of $908, Moved Jones / Second Cefalu / Pasted Unanimoir _, >'. CON CALENDAR to approve the Consent Calendar a.., itted: a. TRPA (Tahoe Regional Planning Ag y) Authorized payment to TRPA for 5% sewer connections in , _ • nt of $1 tion Pa atiorl=ton new 0.75; b. Temporary Collect an increase to the co vices for the_lections $4,400; tomer S _ - Approvd ue Ribbo ' °-rsonnel Ser- stim • ';ti` amount of c. ERB (E • ency Reten _ Basi • laceme t Project - Approve • ange Orde` _ , 2 to fz alters Construction Company,n the amok of $2 .08; d. Headworks Repl Order No. 2 to GSE of $14,557.44; ent Phase 2 Project - Approved Change truction Company, Inc., in the amount e. Diesel Particulate Filters - (1) Found that Cleaire Diesel Particulate Filter Systems is the only known unit installed on District vehicles to provide compliance with Air Board regulations; (2) Found that Ironman Co. is the recommended supplier and installer; (3) Waived bidding procedures, as outlined in the District's Purchasing Policy, for sole brand /sole source supplier; and (4) Authorized purchases of diesel particulate filter units in the amount not to exceed $75,000; REGULAR BOARD MEETING MINUTES - DECEMBER 15, 2011 PAGE - 4 f. Trailer Mounted Air Compressor: Underground Repair Water - CONSENT CALENDAR Authorized staff to advertise for bids; (continued) g. Snowshoe /Millich Slope and Bijou Sewer Relocates - Approved Change Order No. 6 for White Rock Construction, Inc., in the credit amount of <$11,705.88 >; h. 2011 Grizzly Mountain Booster Station - Approved Change Order No. 4 to Thomas Haen Co. Inc., in the amount of $28,489; i. Approved Regular Board Meeting Minutes: November 3, 2011; j. Approved Regular Board Meeting Minutes: November 17, 2011. Larry Mace, Grant Thornton, reviewed the re •f the 2011 financial audit, and stated it was a clean repo;, angle of the federal funds (grants) was also performed much more involved. He pointed out a small finding as made and stated that controls are now inptace to pre y a reoccurrence. There are no material weakness in the in control structure. Water and Wastewat met December 12. MI request. PRESENTATION: REPORT ON THE 2011 FISCAL YEAR FINANCIAL STATEMENT AUDIT Commit : Tfie.comn ittee STANDING COMMITTEE eting arvailable upon REPORTS Finance isei co e m mber 13 re: the 2011 financial stateme edit r A gue - nded who had questions on the waterrate st� •erforme by HDR. CIP (Capital Imprryement Procim) A. Committee: The committee met CDmber 12 to continue the planning process for future projects. Skapbmittegi a list of water and sewer pro- jects covering the next, years, which is subject to review every year due to continuouslynging circumstances. The committee also spent time identifying opportunities for potential revenue sources. AD HOC COMMITTEE REPORTS Director Jones reported on his attendance at the recent ACWA BOARD MEMBER REPORTS (Association of California Water Agencies) conference where he, along with Dennis Cocking, covered several sessions. They relayed to the Board the valuable functions that ACWA performs on behalf of most of the water suppliers in the state. REGULAR BOARD MEETING MINUTES - DECEMBER 15, 2011 PAGE -5 President Schafer reported a memo was distributed to board members concerning committees, ad hoc committees and liaisons. He requested they look it over and indicate areas they are interested in. The Water Agency Board met December 14. Funding requests submitted by the District were approved. The agency's executive director will travel to Washington D.C. for the ACWA delegation. They are also working with the Bureau of Reclamation on the Fazio water issue and will hopefully get them to move ahea Legal Counsel: Gary Kvistad reported on the results of claims case that was heard on October 25. A bicycl er depressed manhole and brought a suit against the !` ct fo dangerous condition. The plaintiff did not pres <,:' icient evidence that the District knew or should ha •wn that a dangerous condition existed. As a result of the :. e court found in favor of the District. BOARD MEMBER REPORTS (continued) EL DORADO COUNTY WATER AGENCY REPORT STAFF REPORT Director Schafer commented that their agenda packet, they should no aged them that if they have questions call the staff person who wrote the item meeting. He does not lip consen questions when most R z m c a aske and mem receive BOARD eview it. Heencour- nda iterAttp o the d 3:05 - 3:15 P.M. No reportable Bo • `: -- ction. EMBER REPORT ADJOURNMENT TO CLOSED SESSION AND RECONVENED TO OPEN SESSION DISCUSSED DURING CLOSED SESSION -65- Pursuant to Government Code Section 54956.9(a) /Conference with Legal Counsel- Existing Litigation re: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virgina ex ret. 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 REGULAR BOARD MEETING MINUTES - DECEMBER 15, 2011 No reportable Board action. 3:15 P.M. ATTEST: PAGE -6 Pursuant to Government Code Section 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. ADJOURNMENT Eric South T rd Presi Utility Distric Kathy Sharp, Cle South Tahoe Public South Tahoe Public Utility District Veneral Manager Richard H. Solbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan Eric Schafer 1275 Meadow Crest Drivle • South Lake Tahoe. CA 96150 -7401 Phone 530 544-6474 • Fax 530 541 -0614 • wwwstpud.us BOARD AGENDA ITEM 6a TO: Board of Directors FROM: Paul Hughes, Chief Financial Officer MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: Calendar Year 2012 Capacity Charges REQUESTED BOARD ACTION: Discuss and provide direction to staff. DISCUSSION: Currently, the District's Administrative Code calls for scheduled increases to both water and sewer capacity charges effective January 1, 2012. The scheduled increases to the water and sewer capacity charges per the adopted capacity charge reports are 36% and 16% respectively. This will be the fifth out of five adjustments to the water capacity charges and the third out of five adjustments to the sewer capacity charges as recommended in the capacity charge reports. Due to the large increases recommended in the reports, the Board chose to phase in the increases over a five year period. The Board has postponed the scheduled increases twice - two separate six month terms effective January 1, 2010, and January 1, 2011, in an effort to encourage development within the District. Development has remained relatively flat since 2010, with no builders claiming the timing of their project was due to the postponement of the scheduled capacity charge increases. Due to the capacity charges being below the recommended levels according to the capacity charge reports, and that the action taken to postpone the increases did not appear to stimulate development, staff recommends allowing the scheduled increases to remain effective January 1, 2012. If the Board desires further postponement of the scheduled increases, staff will prepare the necessary ordinances for consideration at the January 19, 2012, regular Board meeting. SCHEDULE: Capacity charge increases are currently effective January 1, 2012. COSTS: Water capacity charge increase from $6,832 to $9,231 for 3/4 meter. Sewer capacity charge increase from $4,930 to $5,720 per sewer unit. ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: —67— Paul Hughes January 5, 2012 Page 2 CONCURRENCE WITH REQUESTED ACTIO GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES CATEGORY: Sewer & Water NO NO -68- South Tahoe Public Utility District General Manager Richard H. Solhrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan 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 6b TO: Board of Directors FROM: Jim Hoggatt, Engineering Department Manager MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: Manhole and Sewer Line Protection off Country Club near Upper Truckee River REQUESTED BOARD ACTION: (1) Determine an emergency exists pursuant to Section 1102 of the Public Contract Code; (2) Determine substantial evidence has been presented, authorizing an exception to 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) Adopt Resolution No. 2902 -12 delegating authority to the General Manager and Assistant General Manager /Engineer to order any action necessary to respond to this emergency; (4) Determine this project exempt from CEQA; and (5) Approve expenditures, in an amount not to exceed $250,000, necessary to perform the necessary repairs. DISCUSSION: In early December 2011, Underground Repair Sewer Crew on their routine inspection, discovered the 12 -inch sewer line approximately 1,000 feet from the intersection of Country Club and Bakersfield was exposed in the Upper Truckee River and the river bank was within a few feet from a manhole. Upon staff's review of the as- built drawings dating back to 1967 and 1968, it was found that the sewer line was concrete encased starting 50 feet from the manhole for the river crossing. Over the years, the river has eroded the river bank and main flow to within 3 to 5 feet of the manhole. Staff requested Ed Wallace, a geomorphologist from Northwest Hydraulics Consultant, to evaluate and submit a report of his findings and possible repairs. (Report is attached.) Staff intends to commence repairs as soon as the design is complete and staff can obtain the proper permits which we hope will be before spring runoff. It is Northwest Hydraulics' and staffs' opinion that the manhole could be exposed and damaged in spring runoff, which might result in the line being inoperable /unusable and requiring further more expensive repairs at that time. Jim Hoggatt January 5, 2012 Page 2 SCHEDULE: As soon as possible COSTS: $250,000 ACCOUNT NO: BUDGETED AMOUNT REMAINING: Unbudgeted item. Funds will be transferred from other accounts to cover associated costs. ATTACHMENTS: Report from Northwest Hydraulics Consultant; Resolution No. 2902 -12. CONCURRENCE WITH REQUESTED ACTI GENERAL MANAGER: YES ir'l NO CHIEF FINANCIAL OFFICER: YES ,` NO -70- CATEGORY: Sewer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 2902-12 A Resolution of the South Tahoe Public Utility District Declaring an Emergency, Authorizing Contracts without Bids, Delegating Authority to Order Emergency Action and Determining CEQA Exemption WHEREAS, the South Tahoe Public Utility District (District) is engaged in the collection, treatment and disposal of wastewater; and WHEREAS, the District's collection system includes a 12 -inch sewer line approximately 1,000 feet from the intersection of Country Club and Bakersfield; WHEREAS, an inspection of this line by District personnel and retained consultants has revealed that the line is exposed in the Upper Truckee River and that the river bank is eroding within a few feet of the line's manhole; and WHEREAS, the damage to the line protection and manhole could potentially result in a rupture of the pipeline at any time with a consequent discharge of wastewater into the Upper Truckee River WHEREAS, the sewer line and manhole need to be protected before the 2012 spring runoff; and WHEREAS, the damage and danger to the manhole and sewer line are unexpected occurrences posing a clear and imminent danger, which could lead to the loss or impairment of health, property and /or essential public services; and WHEREAS, substantial evidence has been provided to the District which demonstrates immediate action is necessary to prevent this loss or impairment, repair these facilities, and enter into agreements with contractors to design and perform such repair necessary to maintain service; and WHEREAS, emergency project are exempts from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15269 and 15369. NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The damage and danger to the sewer line protection and manhole off Country Club near Upper Truckee River, are unexpected occurrences that pose a clear and imminent danger which could lead to the loss or impairment of health, property and -71- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 essential services, and are therefore an emergency, pursuant to Section 1102 of the Public Contract Code. 2. The emergency will not permit a delay resulting from a competitive solicitation for bids. 3. Immediate actions directly related to the emergency, including protection to both the manhole and sewer line and action to procure the necessary equipment, services and supplies, are necessary to respond to the emergency and shall be made without giving notice for bids to let contracts. 4. The General Manager and Assistant General Manager /Engineer of the District are hereby authorized and directed to order any action necessary and appropriate to respond to the emergency including protection to the manhole and sewer line and surrounding areas, and the procurement of any necessary equipment, services and supplies, without giving notice for bids to let contracts. 5. Emergency repairs related to the protection of the manhole and sewer line are necessary to maintain service and repair actions are necessary to mitigate the emergency and are thus exempt from the requirements of CEQA. 6. This Resolution shall take effect immediately. WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution was duly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a Board meeting held on the 5th day of January, 2012, by the following vote: AYES: NOES: ABSENT: ATTEST: Kathy Sharp, Clerk of the Board -72- Eric Schafer, Board President South Tahoe Public Utility District 80 South Lake Ace. Ste 8001 Pasadena, CA 01 111 ' 626 4-10 0080 northwest hydraulic consultants 28 December 2011 Jim Hoggatt South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Subject: Initial Evaluation of Sewer Crossing, Upper Truckee River near Country Club Drive, Meyers Dear Mr. Hoggatt: On 7 December 2011, river engineers from Northwest Hydraulic Consultants (NHC) visited the site of a 12 -inch gravity sewer pipeline crossing the Upper Truckee River near the westerly end of Country Club Drive in Meyers with South Tahoe Public Utility District (District) personnel. The purpose of the site visit was to make an initial evaluation of the risks associated with pipeline conditions noted in a recent District inspection of the crossing location. The top of the sewer pipeline is currently exposed in the bed of the channel, and active bank erosion is occurring near a manhole on the right (looking downstream) bank of the river. Subsequent to the initial site visit, NHC surveyed the river profile in the vicinity of the crossing and collected topographic information at the crossing site. This letter summarizes our observations of current conditions, assesses the risk of damage to the pipeline, and outlines potential protection measures. Current Conditions According to drawings provided by the District, the sewer was constructed in 1967 in a road alignment through the proposed Country Club Estates Unit 3 subdivision. The drawings show the pipe installed in concrete encasement about 2 feet below the bed of the river. About 6 feet of the top of the pipe is currently exposed in the river bed, including one pipe joint. The pipeline crosses the river channel in a northwesterly direction, and is slightly skewed (non - perpendicular) to the current channel flow direction. During the initial site visit, concrete encasement was not observed on the exposed portion of the pipeline. Although not indicated on the drawings, the pipe type appears to be asbestos - cement pipe. Bed materials in the river at the crossing site are primarily small to large gravels and small cobbles. The right bank of the river is actively eroding in the vicinity of the crossing, and is about 5 feet high. A few pieces of broken concrete, which may originally have been placed as bank protection, are in the channel just upstream of the sewer. Bank erosion is particularly prevalent for about 100 feet upstream of sewer crossing, with areas of little remaining vegetation on steep or undercut banks and evidence of recent block failures of the bank materials. Bank materials are sandy, and have apparently low resistance to erosion in the absence of vegetation. A sewer manhole is located on the right bank at the crossing, and is presently about 5 feet from the top of bank. The base of this manhole is estimated to be about 2 feet below the elevation of the adjacent river bed. The channel at the crossing site has a main and secondary channel (along the left bank). The secondary channel begins at a downed tree about 100 feet upstream of the crossing, and rejoins the main channel at another woody material accumulation about 150 feet downstream of the crossing. Figure 1 includes several photos of 28 December 2011 Jim Hoggatt Page 2 the site showing the pipeline crossing location, eroding bank near the manhole, and bank and channel conditions in the vicinity of the crossing. Figure 2 shows a river bed profile produced from the site survey. River profiles normally alternate between locally high (e.g., riffle crest) and low (e.g., pool) elevations. The profile shows that the top of the pipe is approximately on the river riffle crest profile, and that bed elevations up to two feet below the pipeline elevation are present within about 60 feet of the crossing. Risk Assessment The Upper Truckee River in Meyers and South Lake Tahoe has been affected by a variety of human activities, and several restoration projects are in the planning, design or implementation phases downstream of the sewer crossing. This includes a project on California Department of Parks and Recreation (State Parks) property that extends from just downstream of the crossing through the golf course. A primary focus of the restoration designs has been to reverse or control historical incision (lowering) of the river bed. The observed trend for bed lowering is consistent with exposure of the sewer crossing, and further lowering of the profile is considered probable until the planned restoration projects are in place. A brief inspection of historical aerial photography available on Google Earth indicates that the river channel at the crossing site has had a well - developed secondary channel for at least 25 years, and some secondary channel features are evident in photos back to 1940. The oldest photos also indicate a remnant river channel in the vicinity of the sewer that extends up to 200 feet east of the current right bank of the channel. Bank materials in this area can be expected to be highly variable fluvial deposits, including potential lenses of clean sand and gravel. The current conditions were influenced by prolonged high flows during the summer of 2010, which likely contributed to bank erosion in the immediate vicinity of the pipeline. The following risks were identified from our site visit and survey: 1) Damage to the pipeline due to scour or impact. The pipeline is exposed on a local high point of the bed profile. Although the variation in bed profile is not large, flow over the pipeline may contribute to scour immediately downstream. A small pool is presently formed downstream of the pipe, and a local scour hole is formed immediately upstream where pieces of concrete are deflecting flow on the right bank. If the bed scours to an elevation lower than the pipeline, the pipe may be completely undermined. In this condition, scour could increase rapidly, and structural failure of the pipeline is likely. Even if complete undermining does not occur, in a more exposed condition the asbestos - cement pipe would also be subject to damage from impact of cobbles or woody debris. Significant scour and transport of cobbles /woody material is only likely during high flows. Because the pipeline crosses the channel at a skew, the risks of damaging scour are somewhat increased compared to a perpendicular crossing. 2) Damage to the manhole and pipeline due to bank erosion. The right bank immediately upstream of the manhole has recent block failures that have resulted in the loss of bank vegetation and in very steep bank profiles. The bank line is irregular in this area, including a significant cusp about 30 feet upstream of the manhole. Inspection of the bank in this area indicates highly erodible material. Bank retreat on the Upper Truckee River often occurs due to undercutting of vegetated banks, followed by failures of bank materials in blocks. Blocks are typically 2 to 3 feet wide, and may remain at the toe of bank for some time until removed by higher flows or (in some cases) are stabilized by vegetation. This failure mode is observed on the crossing site, and additional bank erosion is likely in the next season of snowmelt or high flows. Additional bank retreat of 3 to 4 feet could expose the manhole barrel or base. This magnitude of bank retreat is locally possible in a single season, and current conditions indicate a fairly high susceptibility to additional erosion. 28 December 2011 Jim Hoggatt Page 3 If exposed, flow impinging on the barrel and base is very likely to induce additional scour which could undermine the manhole base and /or damage the pipe connection to the manhole on the river side. The risks above are associated with high flows, and the probability of damage or failure increases with the magnitude and duration of flows. Although it is not possible to predict the magnitude of snowmelt or other flood peaks in the coming season, we consider damage to the sewer crossing to be possible under an average year snowmelt flood, and to be probable under a higher than normal year (such as 2010/11). The consequences of damage to the pipeline include significant potential loss of sewer service to residents in Meyers and a significant risk to water quality in the Upper Truckee River. Because damage to the pipeline is most likely during high flows, a direct repair would likely be infeasible as a potential response when damage occurs. Potential Protection Measures The sewer crossing is a gravity pipeline that connects to a 15 -inch sewer at the next manhole, approximately 235 feet northwest. A significant change in elevation of the sewer is not feasible while maintaining gravity flow. Similarly, an increase in the local river bed elevation is not feasible. The pipe is already located on the profile of the riffle crests, and a further increase in elevation would produce a local high spot and associated scour. Potential protection measures will require regulatory agency approvals, and designs for pipeline protection should be developed with stakeholder input, including coordination with State Parks to identify potentially compatible aspects of the restoration plan and pipeline protection measures. At this time, potential protection measures are conceptual only, but we anticipate stabilization of the bed approximately at its current elevation. The bed stabilization would likely include buried rock in the bed upstream and downstream of the pipe, a cobble fill in the vicinity of the pipe, a short section of rock toe bank protection on the right bank near the manhole, and a rock key to prevent flanking of the bank protection. Vegetative and bio- technical stabilization of the bank would be included as element of the design, and exposed rock would be limited to the quantity necessary to provide bank toe and bed stabilization. A key consideration in design and implementation of the protection measures is timing for construction. Because of the potential for damage in the next snowmelt season, difficulty in conducting a repair during high flows, and significant consequences associated with pipeline damage, we suggest treatment of the current conditions as an emergency that requires repair during the winter. This approach would allow stabilization measures to be constructed during low flows, likely using the secondary channel to bypass flows around the construction area. Although winter construction has implications for the type of work that can be included in the design (e.g., materials are generally limited to rock, cobbles, sand and gravel, geotextiles, and vegetation), we have assisted the District with a successful similar project in the past. As noted above, design of the protection measures should be coordinated with various agencies and is very conceptual at this time. Based on the design concepts, we estimate that the project may involve placement of about 500 tons of rock and cobble materials. A preliminary estimate of construction costs is between $100,000 and $175,000. A substantial portion of this cost (approximately half) is allocated to temporary water pollution control, restoration of disturbed areas, and stream diversion. Preliminary discussions with permitting agencies indicate that a streamlined process for implementation of protection measures may be feasible if the conditions are considered an emergency by the District. However, 28 December 2011 Jim Hoggatt Page 4 coordination with various stakeholders is needed to define permit conditions and coordinate the design. The above costs do not include design or permitting. Summary Current conditions at the sewer crossing of the Upper Truckee River near Meyers pose significant risks to reliable sewer service and river water quality. The probability of damage during the next snowmelt season is difficult to assess, but NHC believes that damage to the pipeline is possible under average snowmelt conditions, and probable under higher than average snowmelt or other flood conditions. An emergency declaration by the District would facilitate installation of protection measures during the winter months prior to high flows in the next snowmelt season. Due to constraints associated with the gravity line and river bed profile, the current concept for protection involves stabilization of the bed of the channel approximately at its present elevation using buried rock. The bank upstream of the crossing would also be stabilized with rock along the toe of the bank and vegetation on the upper bank to protect the existing manhole. This concept would be refined or modified in consultation with permitting agencies and other stakeholders. Please call me with any questions on our evaluation. We look forward to assisting the District with a solution for protecting the pipeline. Northwest Hydraulic Consultants Inc. t-Aorml •r) Edward E. Wallace, P.E. Principal 500010.1 Channel and bank on sewer alignment, looking towards MH on right bank Bank erosion upstream of MH on right bank Figure 1. Site Photos zihtst Bank erosion upstream of MH on right bank Channel and bank looking downstream towards crossing STPUD nhc December 28, 2011 6260 5 +00 Figure 2. Bed Profile 5 +50 6 +100 6 +50 7 +00 Station 7 +50 8 +00 8 +50 9 +00260 STPUD nhc December 28, 2011 PAYMENT OF CLAIMS FOR APPROVAL January 5, 2012 Payroll 12/13/2011 Payroll 12/27/2011 Total Payroll 562, 331.00 436,938.27 999,269.27 ADP 2,661.10 American Express 9,568.32 Bank of America 0.00 BNY Mellon Trust Company 0.00 Brownstein /Hyatt/Farber /Schreck legal services 27,967.13 CDS- health care payments 261,789.83 Union Bank 0.00 Total Vendor EFT 301,986.38 Accounts Payable Checks - NonCrew Fund Accounts Payable Checks -Sewer Fund Accounts Payable Checks -Water Fund Accounts Payable Checks - Self - funded Insurance Accounts Payable Checks - Grants Fund Total Accounts Payable 5.39 714,340.62 398,101.22 35,708.81 0.00 1,148,156.04 Grand Total 2,449,411.69 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 -79- 12/13/2011 12/27/2011 921.20 659.50 29,523.92 18,306.76 132,429.02 84,599.70 76,932.50 78,564.23 19,482.20 19,298.41 2,352.81 2,326.76 134.00 134.00 265,275.71 223,812.29 1,273.83 1,273.83 34,005.81 7,962.79 562,331.00 436,938.27 Vendor Name Department / Proj Name ACWA HEALTH BENEFITS AUTHORITY GEN & ADMIN PAYMENT OF CLAIMS Description VISION INS Acct# / Proj Code 1000 - 2530 Check Total: Amount Check Num IXRS 2,576.00 2.576.00 AP- 00081085 MW ADVANTAGE LASER PRODUCTS INC FINANCE OFFICE SUPPLIES 1039 -4820 117.50 ADVANTAGE LASER PRODUCTS INC FINANCE OFFICE SUPPLIES 2039 - 4820 117.50 Check Total: 235.00 AP- 00081086 MW AECOM TECHNICAL SERVICES INC ENGINEERING - DVR IRRIG IMPRVS DVR IRR IMPRVMNT 1029 - 8161 - DVRIIP 7,083.45 AECOM TECHNICAL SERVICES INC ENGINEERING - GRIZZLY MT BSTR GRIZ MTN BSTR 2029 - 8176 - GRIZBS 1,896.50 Check Total: 8.979.95 AP- 00081087 MW AFLAC GEN &ADMIN AFLAC FEE DED 1000 - 2538 110.00 Check Total: 110.00 AP- 00081088 MW ALPEN SIERRA COFFEE GEN & ADMIN OFC SUPPLY ISSUE 1000 - 6081 415.60 Check Total: 415.60 AP- 00081089 MW ALTERNATIVES ADMINISTRATION SUBSCRIPTIONS 1021 - 4830 39.99 ALTERNATIVES ADMINISTRATION SUBSCRIPTIONS 2021 - 4830 39.99 Check Total: 79.98 AP-00081090 MW �MERIPRIDE UNIFORM SERVICES GEN & ADMIN UNIFORM PAYABLE 1000 - 2518 1,718.74 Check Total: 1.718.74 AP- 00081091 MW AT&T MOBILITY ELECTRICAL SHOP TELEPHONE 1003 - 6310 4.44 AT&T MOBILITY ENGINEERING TELEPHONE 1029 - 6310 18.56 AT&T MOBILITY ELECTRICAL SHOP TELEPHONE 2003 - 6310 4.43 AT&T MOBILITY ENGINEERING TELEPHONE 2029 - 6310 18.55 Check Total: 45.98 AP-00081092 MW AT&T /CALNET 2 GEN & ADMIN TELEPHONE 1000 - 6310 336.57 AT&T /CALNET 2 PUMPS TELEPHONE 1002 - 6310 19.66 AT&T /CALNET 2 OPERATIONS TELEPHONE 1006 - 6310 31.20 AT&T /CALNET 2 CUSTOMER SERVICE TELEPHONE 1038 - 6310 7.18 AT&T /CALNET 2 GEN & ADMIN TELEPHONE 2000 - 6310 336.56 AT&T /CALNET 2 PUMPS TELEPHONE 2002 - 6310 19.66 AT&TICALNET 2 CUSTOMER SERVICE TELEPHONE 2038 - 6310 7.18 Check Total: 758.01 AP- 00081093 MW ADMINISTRATION DUES /MEMB /CERT 2021 -6250 3,351.00 AWWA User: THERESA Report: OH_PMT_CLAIMS_BK Page: I Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name BARSAMIAN, BETTY BARSAMIAN, BETTY BB &H BENEFIT DESIGNS BB &H BENEFIT DESIGNS BENTLY AGROWDYNAMICS BEST, BEST & KRIEGER LLP BEST, BEST & KRIEGER LLP BI STATE PROPANE BLASTCO INC DBA NY BLASTCO INC ILASTCO INC DBA NY BLASTCO INC Fd BLUE RIBBON TEMP PERSONNEL BLUE RIBBON TEMP PERSONNEL CALIF DEPT OF PUBLIC HEALTH CAROLLO ENGINEERS CARQUEST CARSON VALLEY CASA CDS GROUP HEALTH CDW -G CORP PAYMENT OF CLAIMS Department / Proj Name FINANCE FINANCE HUMAN RESOURCES HUMAN RESOURCES OPERATIONS HUMAN RESOURCES HUMAN RESOURCES UNDERGROUND REP GEN & ADMIN - TANK COATING ENGINEERING - TANK COATING CUSTOMER SERVICE CUSTOMER SERVICE PUMPS ENGINEERING - HEADWORKS DIAMOND VLY RNCH BOARD OF DIR SELF FUNDED INS OPERATIONS Description ADVISORY ADVISORY CONTRACT SERVICE CONTRACT SERVICE SLUDGE DISPOSAL PERSONNEL LEGAL PERSONNEL LEGAL PROPANE CONST RETAINAGE TANK COATINGS CONTRACT SERVICE CONTRACT SERVICE DUES /MEMB /CERT HDWKS IMP PROJ GROUNDS & MNTC DUES /MEMB /CERT ADMIN FEE PLANT SECURITY Acct# / Proj Code 1039-4440 2039-4440 1022-4405 2022-4405 1006-6652 1022-4445 2022-4445 1001 - 6360 Check Total: Check Total: Check Total: At cunt 3.351.00 2,520.84 2,520.84 Check Num T. YR AP- 00081094 MW 5.041.68 AP- 00081095 MW 624.50 624.50 1.249.00 AP- 00081096 MW 4,699.98 Check Total: 4.699.98 AP- 00081097 MW 728.92 728.92 1.457.84 AP- 00081098 MW 25.35 Check Total: 25.35 AP- 00081099 MW -71.13 711.28 640.15 AP- 00081100 MW 789.36 789.36 Check Total: 1.578.72 AP- 00081101 MW 90.00 90.00 AP- 00081102 MW 30,253.25 Check Total: 30.253.25 AP- 00081103 MW 23.70 Check Total: 23.70 AP- 00081104 MW 15,000.00 Check Total: 15.000.00 AP- 00081105 MW 2,778.20 Check Total: 2.778.20 AP- 00081106 MW 5,025.60 Check Total: 2000 - 2605 - TKCOAT 2029 - 8261 - TKCOAT Check Total: 1038 - 4405 2038 - 4405 2002-6250 Check Total: 1029 - 8033 - HDWORK 1028 - 6042 1019 - 6250 3000 - 6741 1006 - 8250 User: THERESA Report: OH PMT CLAIMS BK Page: 2 Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name CDW -G CORP Department I Prof Name INFORMATION SYS PAYMENT OF CLAIMS Description DIST.COMP SPPLIS Acct# I Prgl Code 2037 - 4840 Check Total: Amount Check Num IxPi 1,253.56 6.279.16 AP- 00081107 MW CHARTER BUSINESS GEN & ADMIN TELEPHONE 1000 - 6310 147.90 CHARTER BUSINESS GEN & ADMIN TELEPHONE 2000 - 6310 147.90 Check Total: 295.80 AP- 00081108 MW CURTIS, RANDY GEN & ADMIN SUSPENSE 1000 - 2504 3,369.41 Check Total: 3.369.41 AP- 00081084 MW CWEA HEAVY MAINT DUES /MEMB /CERT 1004 - 6250 132.00 Check Total: 132.00 AP- 00081109 MW CYBER SECURITY SOURCE INFORMATION SYS DIST.COMP SPPLIS 1037 - 4840 511.94 CYBER SECURITY SOURCE INFORMATION SYS DIST.COMP SPPLIS 2037 - 4840 511.90 Check Total: 1.023.84 AP- 00081110 MW DABBAGH, LEILIA GEN & ADMIN UB SUSPENSE 2000 - 2002 509.61 Check Total: 509.61 AP -00081111 MW DELL MARKETING L P INFORMATION SYS DIST.COMP SPPLIS 1037 - 4840 1,772.16 SELL MARKETING L P INFORMATION SYS DIST.COMP SPPLIS 2037 - 4840 1,935.87 I Check Total: 3.708.03 AP- 00081112 MW DIY HOME CENTER PUMPS SMALL TOOLS 1002 - 6073 6.30 DIY HOME CENTER HEAVY MAINT SECONDARY EQUIP 1004 - 6022 23.96 DIY HOME CENTER PUMPS SMALL TOOLS 2002 - 6073 6.29 DIY HOME CENTER HEAVY MAINTENANC BUILDINGS 2004 - 6041 5.80 Check Total: 42.35 AP- 00081113 MW E- FILLIATE CORP INFORMATION SYS DIST.COMP SPPLIS 1037 - 4840 151.64 E- FILLIATE CORP INFORMATION SYS DIST.COMP SPPLIS 2037 - 4840 151.67 Check Total: 303.31 AP- 00081114 MW ED COOK TREE SERVICE OPERATIONS GROUNDS & MNTC 1006 - 6042 1,800.00 Check Total: 1.800.00 AP- 00081115 MW EL DORADO COUNTY ENGINEERING - DEMO FP,COLD CRK CC FLTR PLANT 2029 - 7091 - DEMOFP 68.00 Check Total: B6.00 AP- 00081116 MW EQUIPMENT SPECIALTIES COMPANY INC ENGINEERING - DVR IRRIG IMPRVS DVR IRR IMPRVMNT 1029 - 8161 - DVRIIP 3,751.33 Check Total: 3.751.33 AP- 00081117 MW User: THERESA Report: OH_PMT_CLAIMS_BK Page: 3 Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name ERS INDUSTRIAL SERVICES INC ERS INDUSTRIAL SERVICES INC FARR WEST ENGINEERING INC FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FERGUSON ENTERPRISES INC. FGL ENVIRONMENTAL FINCHER, CRESTON FISHER SCIENTIFIC FISHER SCIENTIFIC ca FLYERS ENGERGY LLC FLYERS ENGERGY LLC FRENCH, GEORGE FRONTIER GEO -LOGIC ASSOCIATES INC GFS CHEMICAL GFS CHEMICAL GRAINGER GRAINGER GRAINGER PAYMENT OF CLAIMS Department / Pro) Name GEN & ADMIN - FILTER ASSMNT ENGINEERING - FILTER ASSMNT ENGINEERING - DVR MONIT WELLS ELECTRICAL SHOP HEAVY MAINT CUSTOMER SERVICE LABORATORY Descrptiort CONST RETAINAGE REHAB FLTR 5&6 MON WLS DVR/ALPC BUILDINGS FILTER EQ /BLDG SHOP SUPPLIES MONITORING CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE LABORATORY LABORATORY GEN 8 ADMIN DIAMOND VLY RNCH LABORATORY EQUIP LABORATORY EQUIP GASOLINE INV DIESEL CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE DIAMOND VLY RNCH TELEPHONE ENGINEERING - ERB LINER REPL REPLACE ERB LINE LABORATORY LABORATORY GEN & ADMIN HEAVY MAINT HEAVY MAINT LAB SUPPLIES LAB SUPPLIES SHOP SUPPLY INV PRIMARY EQUIP SECONDARY EQUIP Acct# / Pro) Code 1000 - 2605 - FILTER 1029 - 8066 - FILTER Check Total: Amount Check Num 13W. - 774.30 7,743.06 8.988.76 AP- 00081118 MW 1029 - 8136 - ALPMWS 1,047.50 Check Total: 1.047.50 AP- 00081119 MW 1003 - 6041 14.51 1004 - 6023 6.19 2038 - 6071 2.10 22.80 AP- 00081120 MW 1007 - 6110 2,330.00 Check Total: 2.330.00 AP- 00081121 MW 2038 - 6660 - WCPROG 200.00 200.00 AP- 00081122 MW 1007 - 6025 32.30 2007 - 6025 32.31 Check Total: 64.61 AP- 00081123 MW 1000 - 0415 5,972.57 1028 - 4620 1,665.71 Check Total: 7.638.4 AP- 00081124 MW 2038 - 6660 - WCPROG 200.00 Check Total: 200.00 AP- 00081125 MW 1028 - 6310 175.83 Check Total: 175.83 AP- 00081126 MW 1029 - 7581 - ERBLNR 21,823.50 Check Total: Check Total: 1007-4760 2007-4780 1000 - 0421 1004 - 6021 1004 - 6022 Check Total: 21.823.50 AP- 00081127 MW 91.54 47.35 Check Total: 138.89 AP- 00081128 MW 147.53 148.04 244.10 User: THERESA Report: OH PMT CLAIMS BK Page: 4 Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name GRAINGER GRAINGER GRAINGER GRAINGER GRANT THORNTON LLP GRANT THORNTON LLP Department / Proj Name HEAVY MAINT HEAVY MAINT HEAVY MAINT HEAVY MAINTENANC PAYMENT OF CLAIMS Description Acct# / Proj Code Amount Check Num IxRI FILTER EQ /BLDG 1004 - 6023 65.22 SHOP SUPPLIES 1004 - 6071 109.66 BIOSOL EQUPBLDG 1004 - 6653 26.63 BUILDINGS 2004 - 6041 442.59 Check Total: 1.183.77 AP- 00081129 MW 'FINANCE AUDITING 1039 - 4470 12,995.00 FINANCE AUDITING 2039 - 4470 12,995.00 Check Total: 25.990.00 AP- 00081130 MW GSE CONSTRUCTION CO INC GEN & ADMIN - HEADWORKS CONST RETAINAGE 1000 - 2605 - HDWORK - 37,329.10 GSE CONSTRUCTION CO INC ENGINEERING - HEADWORKS HDWKS IMP PROJ 1029 - 8033 - HDWORK 373,290.96 Check Total: 335.961.86 AP- 00081131 MW HEALTHNEWS ADMINISTRATION SUBSCRIPTIONS 1021 -4830 10.00 HEALTHNEWS ADMINISTRATION SUBSCRIPTIONS 2021 - 4830 10.00 Check Total: 20.00 AP- 00081132 MW HERMANSON, CHARLES CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 282.00 Check Total: 282.00 AP- 00081133 MW GEN & ADMIN - TAM UB CASH BRD MISC INCOME 2000 - 3540 - TMCBUB 30.20 om inOUSTON, JEFFREY Check Total: 30.20 AP- 00081134 MW INFOSEND INC. CUSTOMER SERVICE SERVICE CONTRACT 1038 - 6030 164.65 INFOSEND INC. CUSTOMER SERVICE SERVICE CONTRACT 2038 - 6030 164.65 Check Total: 329.30 AP- 00081135 MW INSITE LAND SURVEYS ENGINEERING - ERB LINER REPL REPLACE ERB LINE 1029 - 7581 - ERBLNR 11,100.00 Check Total: 11.100.00 AP- 00081136 MW INTEGRITY LOCKSMITH ENGINEERING SUPPLIES 1029 - 6520 16.76 INTEGRITY LOCKSMITH PUMPS WELLS 2002 - 6050 325.51 INTEGRITY LOCKSMITH ENGINEERING SUPPLIES 2029 - 6520 16.75 Check Total: 359.02 AP- 00081137 MW INTERSTATE SAFETY & SUPPLY GEN & ADMIN SHOP SUPPLY INV 1000 - 0421 1,004.10 INTERSTATE SAFETY & SUPPLY ENGINEERING - DVR MONIT WELLS MON WLS DVR /ALPC 1029 - 8136 - ALPMWS 187.81 INTERSTATE SAFETY & SUPPLY UNDERGROUND REP SHOP SUPPLIES 2001 - 6071 9.70 Check Total: 1.201.61 AP- 00081138 MW User: THERESA Report: OH PMT CLAIMS BK Page: 5 Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name J&L PRO KLEEN INC J&L PRO KLEEN INC JOHNSON, ROSS V JORDAN'S TRUCK & TRAILER EQUIP KENNEDY /JENKS CONSULTANTS INC KG WALTERS CONSTRUCTION KRLT FM/KOWL AM KRLT FM/KOWL AM KTHO RADIO CCTHO RADIO cn LAKE TAHOE GLASS LES SCHWAB TIRES LES SCHWAB TIRES LEWELLYN TECHNOLOGY INC LEWELLYN TECHNOLOGY INC LIBERTY ENERGY LIBERTY ENERGY LIBERTY ENERGY LYNCH, JAMIE LYNCH, JAMIE PAYMENT OF CLAIMS Department / Proj Name FINANCE FINANCE OPERATIONS EQUIPMENT REPAIR ENGINEERING - WILDWOOD WATERLN ENGINEERING - ERB LINER REPL DIO - PR EXP- EXTERNAL DIO - PR EXP- EXTERNAL DIO - PR EXP- EXTERNAL DIO - PR EXP- EXTERNAL HEAVY MAINT EQUIPMENT REP EQUIPMENT REPAIR ENGINEERING - ARC FLASH STUDY ENGINEERING - ARC FLASH STUDY GEN & ADMIN GEN & ADMIN GEN & ADMIN ADMINISTRATION ADMINISTRATION Description JANITORIAL SERV JANITORIAL SERV SUPPLIES 8' SNO PLO PKG WTRLNS WILDWOOD REPLACE ERB LINE PUB RELATIONS PUB RELATIONS PUB RELATIONS PUB RELATIONS MOBILE EQUIP AUTOMOTIVE AUTOMOTIVE ARCFLASH STUDY ARCFLASH STUDY ELECTRICITY ST LIGHTING EXP ELECTRICITY INCNTV & RCGNTN INCNTV & RCGNTN Acct# / Proj Code 1039 - 6074 2039 - 6074 1006 - 6520 2005 - 8249 Check Total: Check Total: Check Total: 2029 - 8263 - WILDWD Check Total: 1029 - 7581 - ERBLNR Check Total: 1027 - 6620 - PREEXT 2027 - 6620 - PREEXT Check Total: 1027 - 6620 - PREEXT 2027 - 6620 - PREEXT Check Total: 1004-6012 1005 - 6011 2005 - 6011 Check Total: Check Total: 1029 - 8286 - AFLAME 2029 - 8284 - AFLAME Check Total: 1000 - 6330 1000 - 6740 2000 - 6330 1021-8821 2021-6621 Check Total: Amount Check Num Int 1,603.50 1,603.50 3.207.00 AP- 00081139 MW 123.10 123.10 AP-00081140 MW 6,715.04 6,115.04 AP- 00081141 MW 15,095.00 15.095.00 AP- 00081142 MW 26,982.08 28.982.08 AP- 00081143 MW 648.00 648.00 1.296.00 AP- 00081144 MW 275.00 275.00 550.00 AP- 00081145 MW 299.34 299.34 AP- 00081146 MW 1,841.99 721.12 2.363.1.1 AP- 00081147 MW 4,405.00 4,405.00 8.810.00 AP- 00081148 MW 119,675.69 1,510.74 14,031.12 135.217.55 AP- 00081149 MW 25.00 25.00 User: THERESA Report: OH_PMT_CLAIMS_BK Page: Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name MC MASTER CARR SUPPLY CO MC MASTER CARR SUPPLY CO MC MASTER CARR SUPPLY CO MC MASTER CARR SUPPLY CO MC MASTER CARR SUPPLY CO MC MASTER CARR SUPPLY CO MC MASTER CARR SUPPLY CO MC MASTER CARR SUPPLY CO MC MASTER CARR SUPPLY CO MCKNIFF, BRIAN METRO OFFICE SOLUTIONS METRO OFFICE SOLUTIONS METRO OFFICE SOLUTIONS co °METRO OFFICE SOLUTIONS MORALE FUND MWH LABORATORIES NOLD, NORMAN North Tahoe PUD NORTHWEST HYD. CONSULT INC NORTHWEST HYD. CONSULT INC NORTHWEST HYD. CONSULT INC NORTHWEST HYD. CONSULT INC OLD REPUBLIC TITLE CO Department / Proj Name PUMPS PUMPS PUMPS HEAVY MAINT HEAVY MAINT HEAVY MAINT PUMPS PUMPS PUMPS PAYMENT OF CLAIMS Description SHOP SUPPLIES SMALL TOOLS SAFETY /EQUIP /PHY SECONDARY EQUIP BUILDINGS SHOP SUPPLIES SHOP SUPPLIES SMALL TOOLS SAFETY /EQUIP /PHY CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE GEN & ADMIN ENGINEERING FINANCE ENGINEERING GEN & ADMIN LABORATORY GEN & ADMIN - GEN & ADMIN - ENGINEERING ENGINEERING ENGINEERING ENGINEERING GEN & ADMIN T&M UB CASH BRD USFS GRNT ADMIN -CTC GRNT -BMPs - DEMO RALPH TANK - DEMO FP,COLD CRK - CTC GRNT -BMPs OFFICE INVENTORY OFFICE SUPPLIES OFC SUPPLY ISSUE OFFICE SUPPLIES UB SUSPENSE MONITORING MISC INCOME SUSPENSE BMP PROJECTS RALPH TANK CC FLTR PLANT BMP PROJECTS UB SUSPENSE Acct# / Proj Code 1002 - 6071 1002 - 6073 1002 - 6075 1004 - 6022 1004 - 6041 1004 - 6071 2002 - 6071 2002 - 6073 2002 - 6075 Check Total: Check Total: 2038 - 6660 - WCPROG Check Total: 1000 - 0428 1029 - 4820 1039 - 6081 2029 - 4820 1000 - 2002 2007-6110 Check Total: Check Total: Check Total: 2000 - 3540 - TMCBUB Check Total: 2000 - 2504 - SMOKEY Amount Cheek Num IYRI 50.00 AP- 00081150 MW 789.07 210.64 77.33 416.43 28.72 355.18 950.57 210.61 77.34 3.115.89 AP- 00081153 MW 200.00 200.00 AP- 00081154 MW 1,160.76 109.67 70.73 109.69 1.450.85 AP- 00081155 MW 85.53 85.53 AP- 00081156 MW 330.00 330.00 AP- 00081157 MW 1,027.42 1.027.42 AP- 00081158 MW 46,969.05 Check Total: 46.969.05 AP- 00081159 MW 1029 - 8737 - CTCBMP 1,127.01 2029 - 7090 - DEMORT 2,776.91 2029 - 7091 - DEMOFP 242.00 2029 - 8745 - CTCBMP 1,127.01 Check Total: 1000 - 2002 5.272.93 AP- 00081160 MW 87.24 User: THERESA Report: OH_PMT_CLAIMS BK Page: 7 Current Date: 12/29/2011 Current Time: 12:36:14 V. dor Name - OLIN CORPORATION ONTRAC ONTRAC ONTRAC OUTSIDE TELEVISION OUTSIDE TELEVISION PDM STEEL PDM STEEL PETERS, GORDON gfETTY CASH :PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PAYMENT OF CLAIMS ' Department / Proj Name OPERATIONS LABORATORY LABORATORY ENGINEERING - TANK COATING DIO - PR EXP- EXTERNAL DIO - PR EXP- EXTERNAL PUMPS EQUIPMENT REPAIR GEN & ADMIN POOLED CASH UNDERGROUND REP ADMINISTRATION HUMAN RESOURCES CUSTOMER SERVICE FINANCE EQUIPMENT REPAIR ADMINISTRATION HUMAN RESOURCES ENGINEERING - WILDWOOD WATERLN CUSTOMER SERVICE FINANCE PITNEY BOWES GLOBAL FINANCIAL CUSTOMER SERVICE PITNEY BOWES GLOBAL FINANCIAL CUSTOMER SERVICE PRAXAIR 174 PUMPS Description HYPOCHLORITE POSTAGE EXPENSES POSTAGE EXPENSES TANK COATINGS PUB RELATIONS PUB RELATIONS LUTHER PASS AUTOMOTIVE UB SUSPENSE CAR BEN I/O ADP TRAVEUMEETINGS INCNTV & RCGNTN PERSONNEL EXPENS OFFICE SUPPLIES SUPPLIES TRAVEUMEETINGS INCNTV & RCGNTN PERSONNEL EXPENS WTRLNS WILDWOOD OFFICE SUPPLIES SUPPLIES EQUIP RENT /LEASE EQUIP RENT /LEASE SHOP SUPPLIES Acct# / Proj Code 1006-4755 Check Total: Check Total: 1007 - 4810 2007 - 4810 2029 - 8261 - TKCOAT Check Total: 1027 - 6620 - PREEXT 2027 - 6620 - PREEXT Check Total: 1002 - 6048 2005 - 6011 1000 - 2002 Check Total: Check Total: 0000 - 4109 1001 -6200 1021 -6621 1022 - 6670 1038 - 4820 1039 - 6520 2005 - 6200 2021 -6621 2022 - 6670 2029 - 8263 - WILDWD 2038 - 4820 2039 - 6520 1038 - 5020 2038 - 5020 1002 - 6071 Check Total: Check Total: Amount Check Num Iypt 87.24 AP- 00081164 MW 3,870.65 3.870.65 AP- 00081162 MW 13.36 6.41 10.16 29.93 AP- 00081163 MW 780.63 780.62 1,561.25 AP- 00081164 MW 1,512.76 861.06 2.373.82 AP- 00081165 MW 116.32 116.32 5.39 25.00 23.44 9.47 21.93 2.69 24.00 23.44 9.47 50.00 21.93 2.69 AP- 00081166 MW 219.45 AP- 00081167 MW 258.05 258.05 516.10 AP- 00081168 MW 59.28 User: THERESA Report: OH_PMT CLAIMS BK Page: 8 Current Date: 12/29/2011 Current lime: 12:36:14 Vendor Name PRAXAIR 174 PRAXAIR 174 PRAXAIR 174 Department / Pro) Name LABORATORY PUMPS LABORATORY PRESCOTT, DARCI CUSTOMER SERVICE -WTR CONS PROG WTR CONS EXPENSE PAYMENT OF CLAIMS Description Acct# I Pro) Code LAB SUPPLIES 1007 - 4760 SHOP SUPPLIES 2002 - 6071 LAB SUPPLIES 2007 - 4760 PRO LEISURE ADMINISTRATION PRO LEISURE ADMINISTRATION RACO INDUSTRIES LABORATORY RACO INDUSTRIES LABORATORY RADIO SHACK ELECTRICAL SHOP RAVEN BIOLOGICAL LABS LABORATORY MAVEN BIOLOGICAL LABS LABORATORY co RED WING SHOE STORE UNDERGROUND REP RELIANCE STANDARD GEN & ADMIN RELIANCE STANDARD GEN & ADMIN RELIANCE STANDARD GEN & ADMIN RELIANCE STANDARD GEN & ADMIN INCNTV & RCGNTN INCNTV & RCGNTN OFFICE SUPPLIES OFFICE SUPPLIES PUMP STATIONS LAB SUPPLIES LAB SUPPLIES SAFETY /EQUIP/PHY LIFE INS UN /BD LIFE INS MGMT LNG TRM DIS,MGMT LTD, UNION RENO DRAIN OIL SERVICE LABORATORY LAB SUPPLIES RENO DRAIN OIL SERVICE LABORATORY LAB SUPPLIES ROSSI, ROSARIO CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE SCHAFER, ERIC BOARD OF DIR Check Total: 2038 - 6660 - WCPROG Check Total: Amount Clark in= Im 988.60 59.27 981.80 2.088.95 AP- 00081169 MW 200.00 200.00 AP- 00081170 MW 1021 - 6621 374.72 2021 - 6621 374.72 Check Total: 749.44 AP- 00081171 MW 1007 - 4820 56.15 2007 - 4820 43.05 Check Total: 99.20 AP- 00081172 MW 1003 - 6051 22.62 Check Total: 22.62 AP- 00081173 MW 1007 - 4760 180.74 2007 - 4760 100.00 Check Total: 280.74 AP- 00081174 MW 2001 - 6075 206.08 Check Total: 206.08 AP- 00081175 MW 1000 - 2512 1,531.33 1000 - 2525 511.85 1000 - 2531 1,269.48 1000 - 2539 1,642.29 Check Total: 4.954.95 AP- 00081176 MW 1007 - 4760 41.25 2007 - 4760 41.25 Check Total: 82.50 AP- 00081177 MW 2038 - 6660 - WCPROG 200.00 Check Total: 200.00 AP- 00081178 MW TRAVEUMEETINGS 1019 - 6200 153.00 Check Total: 153.00 AP-00081179 MW User: THERESA Report: OH PMT_CLAIMS BK Page: 9 Current Date: 12/29/2011 Current Time: 12:36:14 PAYMENT OF CLAIMS Vendor Name Department / Pro) Name Description Acct# / Pro) Code Amount Check Num Ins SCOTT VALLEY BANK GEN & ADMIN - HEADWORKS CONST RETAINAGE 1000 - 2605 - HDWORK 37,329.10 Check Total: 37.329.10 AP- 00081180 MW SIEMENS INDUSTRY INC ELECTRICAL SHOP WELLS 2003 - 6050 2,829.24 Check Total: 2.829.24 AP-00081181 MW SIEMENS WATER TECHNOLOGIES LABORATORY SERVICE CONTRACT 1007 - 6030 52.00 SIEMENS WATER TECHNOLOGIES LABORATORY SERVICE CONTRACT 2007 - 6030 52.00 Check Total: 104.00 AP- 00081182 MW SIERRA CHEMICAL CO PUMPS HYPOCHLORITE 2002 - 4755 859.48 SIERRA CHEMICAL CO HEAVY MAINTENANC HYPOCHLORITE 2004 - 4755 - 600.00 Check Total: 259.48 AP- 00081183 MW SIERRA FREIGHTLINER STERLING EQUIPMENT REPAIR AUTOMOTIVE 2005 - 6011 25.58 Check Total: 25.58 AP- 00081184 MW SIERRA NEVADA MEDIA GROUP DIO - PR EXP- EXTERNAL PUB RELATIONS 1027 - 6620 - PREEXT 130.00 SIERRA NEVADA MEDIA GROUP DIO - PR EXP- EXTERNAL PUB RELATIONS 2027 - 6620 - PREEXT 130.00 Check Total: 260.00 AP- 00081185 MW 4IERRA SPRINGS PUMPS SUPPLIES 1002 - 6520 19.67 VD SIERRA SPRINGS DIAMOND VLY RNCH SUPPLIES 1028 - 6520 19.67 SIERRA SPRINGS CUSTOMER SERVICE SUPPLIES 1038 - 6520 10.13 SIERRA SPRINGS CUSTOMER SERVICE SUPPLIES 2038 - 6520 10.14 Check Total: 59.81 AP- 00081186 MW SIERRA TAHOE READY MIX HEAVY MAINT BUILDINGS 1004 - 6041 371.58 Check Total: 371.58 AP- 00081187 MW SLACK, EBON L CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE 2038 - 6660 - WCPROG 200.00 Check Total: 200.00 AP- 00081188 MW SMITH HILL COMPANY REALTORS GEN & ADMIN UB SUSPENSE 1000 - 2002 30.95 Check Total: 30.95 AP- 00081189 MW SOUND STRATEGIES /OFC INC. DIO CONTRACT SERVICE 1027 - 4405 98.00 SOUND STRATEGIES/OFC INC. DIO CONTRACT SERVICE 2027 - 4405 98,00 SOUTHWEST GAS GEN & ADMIN SOUTHWEST GAS GEN & ADMIN Check Total: 196.00 AP- 00081190 MW NATURAL GAS 1000 - 6350 169.21 NATURAL GAS 2000 - 6350 283.85 User: THERESA Report: OH PMT CLAIMS_BK Page: 10 Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name STOP LOSS INSURANCE SERVICES SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & SUBSTITUTE PERSONNEL & TAHOE ASPHALT INC. TAHOE BLUEPRINT TAHOE MOUNTAIN NEWS TAHOE MOUNTAIN NEWS t 0 rTAHOE PARADISE CHEVRON TAHOE PRINTING TAHOE PRINTING TAHOE PRINTING TERRY'S APOLLO PLUMBING & HTN THOMAS HAEN CO INC THOMAS HAEN CO INC TRANSCAT INC. PAYMENT OF CLAIMS Department I Proj Name SELF FUNDED INS DIAMOND VLY RNCH ENGINEERING INFORMATION SYS ENGINEERING INFORMATION SYS UNDERGROUND REP ENGINEERING - BIJOU MEADOWS ER DIO - PR EXP- EXTERNAL DIO - PR EXP- EXTERNAL UNDERGROUND REP GEN & ADMIN BOARD OF DIR BOARD OF DIR CUSTOMER SERVICE GEN & ADMIN - GRIZZLY MT BSTR ENGINEERING - GRIZZLY MT BSTR ELECTRICAL SHOP TRANSFORMER TESTING & REPAIRS INC ELECTRICAL SHOP Description EXCESS INSURANCE CONTRACT SERVICE CONTRACT SERVICE CONTRACT SERVICE CONTRACT SERVICE CONTRACT SERVICE PIPE /CVRS/MHLS BIJOU ECP PUB RELATIONS PUB RELATIONS DIESEL OFFICE INVENTORY OFFICE SUPPLIES OFFICE SUPPLIES MISC LIAB CLAIMS CONST RETAINAGE GRIZ MTN BSTR SMALL TOOLS PRIMARY EQUIP Acct# / Proj Code 3000 - 6744 1028 - 4405 1029 - 4405 1037 -4405 2029 - 4405 2037 - 4405 2001 -6052 Check Total: Check Total: Check Total: Check Total: 2029 - 8264 - ECBIJM Check Total: 1027 - 6620 - PREEXT 2027 - 6620 - PREEXT Check Total: 2001 - 4620 1000 - 0428 1019 - 4820 2019 -4820 2038 - 4520 Check Total: Check Total: Check Total: 2000 - 2605 - GRIZBS 2029 - 8176 - GRIZBS Check Total: 1003-6073 1003-6021 Check Total: Check Total: Amount Check Num Ine. 453.06 AP-00081191 MW 32,530.41 32.530.41 AP- 00081192 MW 3,942.24 487.84 521.60 487.84 521.60 5.961.12 AP- 00081193 MW 810.00 810.00 AP -00081194 MW 651.84 651.84 AP- 00081195 MW 162.50 162.50 325.00 AP- 00081196 MW 60.00 60.Q0 AP- 00081197 MW 650.37 20.74 20.74 691.85 AP- 00081198 MW 2,646.82 2.646.82 AP- 00081199 MW - 24,417.13 244,171.25 219.754.12 AP- 00081200 MW 96.54 96.54 AP- 00081201 MW 223.00 223.00 AP- 00081202 MW User: THERESA Report: OH_PMT_CLAIMS_BK Page: 11 Current Date: 12/29/2011 Current Time: 12:36:14 PAYMENT OF CLAIMS Vendor Name Department 1 Proj Name Deacrtption Acct# / Proj Code Amount Check N 1Jm IxJZt TRI SIGNAL INTEGRATION INC ELECTRICAL SHOP BUILDINGS 1003 - 6041 420.00 Check Total: 420.00 AP- 00081203 MW TRUCKEE OVERHEAD DOOR INC HEAVY MAINT BUILDINGS 1004 - 6041 203.00 Check Total: 203.00 AP- 00081204 MW U S BANK CORPORATE UNDERGROUND REP PIPE /CVRS /MHLS 1001 - 6052 10.00 U S BANK CORPORATE UNDERGROUND REP TRAVEUMEETINGS 1001 - 6200 319.66 U S BANK CORPORATE PUMPS SAFETY /EQUIP /PHY 1002 - 6075 12.03 U S BANK CORPORATE ELECTRICAL SHOP FILTER EQ/BLDG 1003 - 6023 153.14 U S BANK CORPORATE ELECTRICAL SHOP BIOSOL EQUPIBLDG 1003 - 6653 411.50 U S BANK CORPORATE OPERATIONS OFFICE SUPPLIES 1006 - 4820 188.89 U S BANK CORPORATE OPERATIONS GROUNDS & MNTC 1006 - 6042 312.48 U S BANK CORPORATE OPERATIONS TRAVEUMEETINGS 1006 - 6200 378.44 U S BANK CORPORATE LABORATORY LAB SUPPLIES 1007 - 4760 11.57 U S BANK CORPORATE LABORATORY OFFICE SUPPLIES 1007 - 4820 31.12 U S BANK CORPORATE LABORATORY LABORATORY EQUIP 1007 - 6025 6.14 U S BANK CORPORATE BOARD OF DIR OFFICE SUPPLIES 1019 - 4820 16.93 vo iti S BANK CORPORATE BOARD OF DIR TRAVEUMEETINGS 1019 - 6200 425.00 U S BANK CORPORATE ADMINISTRATION OFFICE SUPPLIES 1021 - 4820 2.32 U S BANK CORPORATE ADMINISTRATION TRAVEUMEETINGS 1021 - 6200 25.16 U S BANK CORPORATE ADMINISTRATION INCNTV & RCGNTN 1021 - 6621 554.00 U S BANK CORPORATE HUMAN RESOURCES PERSONNEL EXPENS 1022 - 6670 22.15 U S BANK CORPORATE DIO TRAVEUMEETINGS 1027 - 6200 6.00 U S BANK CORPORATE DIAMOND VLY RNCH DUES /MEMB /CERT 1028 - 6250 40.00 U S BANK CORPORATE DIAMOND VLY RNCH TELEPHONE 1028 - 6310 59.99 U S BANK CORPORATE ENGINEERING GASOLINE 1029 - 4610 17.38 U S BANK CORPORATE ENGINEERING OFFICE SUPPLIES 1029 - 4820 61.82 U S BANK CORPORATE ENGINEERING TRAVEUMEETINGS 1029 - 6200 102.36 U S BANK CORPORATE ENGINEERING DUES /MEMB /CERT 1029 - 6250 30.00 U S BANK CORPORATE ENGINEERING SUPPLIES 1029 - 6520 79.90 U S BANK CORPORATE INFORMATION SYS TRAVEUMEETINGS 1037 - 6200 44.68 U S BANK CORPORATE CUSTOMER SERVICE GASOLINE 1038 - 4610 28.89 U S BANK CORPORATE CUSTOMER SERVICE TRAVEUMEETINGS 1038 - 6200 124.88 User: THERESA Report: OH PMT CLAIMS BK Page: 12 Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name Department / Pro) Name U S BANK CORPORATE FINANCE U S BANK CORPORATE FINANCE U S BANK CORPORATE FINANCE U S BANK CORPORATE FINANCE U S BANK CORPORATE UNDERGROUND REP U S BANK CORPORATE PUMPS U S BANK CORPORATE ELECTRICAL SHOP U S BANK CORPORATE LABORATORY U S BANK CORPORATE LABORATORY U S BANK CORPORATE LABORATORY U S BANK CORPORATE BOARD OF DIR U S BANK CORPORATE ADMINISTRATION U S BANK CORPORATE ADMINISTRATION U S BANK CORPORATE ADMINISTRATION U S BANK CORPORATE HUMAN RESOURCES p S BANK CORPORATE DIO ty S BANK CORPORATE ENGINEERING U S BANK CORPORATE ENGINEERING U S BANK CORPORATE ENGINEERING U S BANK CORPORATE ENGINEERING U S BANK CORPORATE ENGINEERING U S BANK CORPORATE INFORMATION SYS U S BANK CORPORATE CUSTOMER SERVICE U S BANK CORPORATE CUSTOMER SERVICE U S BANK CORPORATE CUSTOMER SERVICE U S BANK CORPORATE FINANCE U S BANK CORPORATE FINANCE U S BANK CORPORATE FINANCE U S BANK CORPORATE FINANCE PAYMENT OF CLAIMS Description Acct# / PsoJ Code GASOLINE 1039 - 4610 SUBSCRIPTIONS 1039 - 4830 TRAVEL/MEETINGS 1039 - 6200 DUES /MEMB/CERT 1039 - 6250 SUPPLIES 2001 - 6520 SAFETY /EQUIP/PHY 2002 - 6075 SHOP SUPPLIES 2003 - 6071 LAB SUPPLIES 2007 - 4760 OFFICE SUPPLIES 2007 - 4820 LABORATORY EQUIP 2007 - 6025 OFFICE SUPPLIES 2019 -4820 OFFICE SUPPLIES 2021 - 4820 TRAVEUMEETINGS 2021 - 6200 INCNTV & RCGNTN 2021 - 6621 PERSONNEL EXPENS 2022 - 6670 TRAVEUMEETINGS 2027 - 6200 GASOLINE 2029 - 4610 OFFICE SUPPLIES 2029 - 4820 TRAVEUMEETINGS 2029 - 6200 DUES /MEMB /CERT 2029 - 6250 SUPPLIES 2029 - 6520 TRAVEUMEETINGS 2037 - 6200 GASOLINE 2038 -4610 SMALL TOOLS 2038 - 6073 TRAVEUMEETINGS 2038 - 6200 GASOLINE 2039 - 4610 SUBSCRIPTIONS 2039 - 4830 TRAVEL /MEETINGS 2039 - 6200 DUES /MEMB /CERT 2039 - 6250 UNIVERSAL HEALTH NETWORK SELF FUNDED INS PPO FEE 3000 - 6742 Amount Check Num 33.19 54.50 277.20 55.00 50.00 12.02 699.77 11.56 31.10 6.13 16.92 2.32 76.75 554.00 22.15 6.00 17.38 61.81 296.26 217.00 79.90 44.67 28.88 172.40 1,857.07 33.19 54.50 313.69 55.00 Check Total: 8.816.79 AP- 00081207 MW 400.20 Check Total: 400.20 AP- 00081208 MW User: THERESA Report: OH_PMT_CLAIMS BK Page: 13 Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name UNIVERSAL PROPANE INC USA BLUE BOOK USA BLUE BOOK USDA FOREST SERVICE VOLTL, JULIE VOLTL, JULIE VOSS TECHNOLOGY VOSS TECHNOLOGY WATER EDUCATION FOUNDATION WATER EDUCATION FOUNDATION WAXIE SANITARY SUPPLY WAXIE SANITARY SUPPLY WEDCO INC WEDCO INC WEDCO INC WEDCO INC WEDCO INC WESTERN BOTANICAL SERVICES WESTERN ENVIRONMENTAL WESTON, JACKIE M PAYMENT OF CLAIMS Department / Proj Name GEN & ADMIN HEAVY MAINT PUMPS ENGINEERING CUSTOMER SERVICE CUSTOMER SERVICE LABORATORY LABORATORY ADMINISTRATION ADMINISTRATION FINANCE FINANCE ELECTRICAL SHOP ELECTRICAL SHOP ELECTRICAL SHOP ELECTRICAL SHOP ELECTRICAL SHOP ENGINEERING - SNOWSHOE DITCH R LABORATORY Description PROPANE BUILDINGS WELLS REGLTRY OP PRMTS TRAVEUMEETINGS TRAVEUMEETINGS LAB SUPPLIES LAB SUPPLIES DUES /MEMB /CERT DUES /MEMB /CERT JANITORIAL SUPPL JANITORIAL SUPPL BUILDINGS SHOP SUPPLIES WELLS PUMP STATIONS SHOP SUPPLIES SNOSHU REPAIR MONITORING CUSTOMER SERVICE - WTR CONS PROG WTR CONS EXPENSE Acct# / Proj Code 1000 - 6360 1004 - 6041 2002 - 6050 2029 - 6650 1038 - 6200 2038 - 6200 1007 - 4760 2007 -4760 1021 - 6250 2021 - 6250 1039 - 6072 2039 - 6072 1003 - 6041 1003 - 6071 2003 - 6050 2003 - 6051 2003 - 6071 1007 - 6110 Check Total: Amount Check Num Type 1,939.04 1.939.04 AP- 00081209 MW 254.35 1,761.78 Check Total: 2.016.13 AP- 00081210 MW Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: 1029 - 7075 - SNOBLO Check Total: Check Total: 2038 - 6660 - WCPROG Check Total: 29,292.28 29.292.2@ AP- 00081211 MW 43.02 43.01 86.03 AP- 00081212 MW 80.40 98.15 178,55 AP- 00081213 MW 250.00 250.00 500.00 AP- 00081214 MW 358.74 358.50 717.24 AP- 00081216 MW 308.01 21.85 334.89 83.70 90.39 838.84 AP- 00081217 MW 4,160.00 4.160.00 AP- 00081218 MW 120.00 120.00 AP- 00081219 MW 200.00 200,00 AP- 00081220 MW User: THERESA Report OH PMT CLAIMS BK Page: 14 Current Date: 12/29/2011 Current Time: 12:36:14 Vendor Name Department / Proj Name PAYMENT OF CLAIMS Description Acctd / Proj Code -002 Grand Total: Amount Check Num Intl 1,151,988.43 1'151'988•43+ 23.98 - 439.00- 3'369 -r;1- 1'148'156.04 *+ User: THERESA Report: OH_PMT CLAIMS BK Page: 15 Current Date: 12/29/2011 Current Time: 12:36:14 (_ a �, Tahoe , P.U.D. 001 9:17 PM - -rag / - -leg: CI, �1CC CQSTTIE - - - -jd : 49 291 #43155 - - -- .35 > - -it id: Q RE - -- Check Payee ID. Payee Nate P200080933 V21903 SAKI -HJT CO INC GRAND TOTALS: Total Void Achim Written Total Void Hand Written Total Mactd re Written Total Hand Written Total Reversals Tbtal Cancelled Total EFI Total. E PAYs GRAND TOTAL Date Check Pmunt Type ate Rel Tb Nate 12/01/11 23.98 RV TR Reversed 0.00 0.00 0.00 0.00 23.98 0.00 0.00 0.00 23.98 Narter of Q dts Processed: N rber of Checks Prooessed- NutLe . of (lecks Pxooessed- Nurber of Qhedcss Processed: Hither of Checks Processed• Niter of Checks Processed. Natter of EFTs Processed. It.nter of EPAYs Processed: 0 0 0 0 1 0 0 0 South Tahoe P.U.D. 12/14 11 VOID, TYPED & REVE D A/P CHD�C REGISTER 1 MI), DEC 14, 2011, 8:44 AM m : - -leg: CL JL - -- -hoc: CNSI E - -- -dab: 492870 #J791--- -pmg: BK200 <1.35 > - -repot id: -- Check Rayee ID. AP00080654 V40421 AP00081031 T1378 Payee Bane EL DCRADO CTINIY BRIAN GRAND TOTALS: 'Ibtal Void ! Chide Written Ibtal Void Haul Written Ibtal Machine Written Ibtal Hand Written Tbta1 Reversals Tbtal Cancelled 'Ibtal Era Tbtal EPAYs GRAND TOTAL Date Cheer Fm^tmt Type Subs Ref Tb l\bte 11/03/11 12/15/11 39.00 RV TR Reversed 400.00 RV TR PA Reversed 0.00 0.00 0.00 0.00 439.00 0.00 0.00 0.00 439.00 arber of Checks Processed: Nutter of Checks Processed: amber of Checks Processed: Natter of Checks Processed: Natter of Checks Prncessed- N zrber of Checks Processed: /Amber of airs Processed: Nurber of EPAYs Processed: 0 0 0 0 2 0 0 0 IC.10or 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 •FT GEN & ADMIN - VALVES INVENTORY GEN & ADMIN - METERS,ETC INV GEN & ADMIN - METERS,ETC INV PUMPS - WELLS UNDERGROUND REP - SMALL TOOLS UNDERGROUND REP - SMALL TOOLS UNDERGROUND REP - PIPE /CVRS/MHLS HEAVY MAINT - SECONDARY EQUIP PUMPS - SHOP SUPPLIES OH_PAY_CLAIMS_AE - OH Payment of Claims AmerEx <1.00> THERESA - Theresa Sherman Acct#/Proj Code 2000 - 0404 2000 - 0402 2000 - 0402 2002 - 6050 2001 - 6073 2001 - 6073 2001 - 6052 1004 - 6022 2002 - 6071 Report Total: Amount Inv #: 15047612 2,294.17 Inv #: 15078094 1,936.40 Inv #: 15078094- 2,829.52 Inv #: 15112347 423.55 Inv #: 35094625 262.20 Inv #: 35094625- 221.54 Inv #: 35107178 974.19 Inv #: 35107194 475.37 Inv #: 35108068 151.38 9,568.32 12/29/2011 12:36:56 -98- 4 South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan Eric Schafer 1275 Meadow Chest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541-0614 • www.stpud.us BOARD AGENDA ITEM 16a. TO: Board of Directors FROM: Richard Solbrig, General Manager MEETING DATE:. January 5, 2012 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 ACTT • GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES = NO - 9- CATEGORY: Water -100- South Tahoe Public Utility District General Manager Richard H. Sotbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan 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 16b TO: Board of Directors FROM: Richard Solbrig, General Manager MEETING DATE: January 5, 2012 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 CHIEF FINANCIAL OFFICER: YES NO NO -101- CATEGORY: -102- South Tahoe Public Utility District General Manager R cichar4 ft wig Directors Chris Cefalu James R Jones Randy Vogelgesang Kelly Sheehan Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe* CA 96150 -7401 Phone 53054+ 6474• Fax 530 541 -0614• wwwstpud.us BOARD AGENDA ITEM 16c TO: Board of Directors FROM: Richard Solbrig, General Manager Nancy Hussmann, Human Resources Director MEETING DATE: January 5, 2012 ITEM - PROJECT NAME: Consideration of Public Employee Appointment: Labor Negotiator REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Section 54957.6(a) of the California Government Code, Closed Session may be held for consideration of appointment of a negotiator. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTT GENERAL MANAGER: YES ! ! -- NO CHIEF FINANCIAL OFFICER: YES NO -103- CATEGORY: General -104-