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AP 01-17-13 g�uTH TqMOF �_ �11'_ � �i �p. 8��( �/sews� • 1950 ' ws��C"�' e��IITILITY D�� SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, January 17, 2013 Z:OO P.M. District Board Room 1275 Meadow Crest Drive, South lake Tahoe, California Richard Solbri , General Mana er Paul Sciuto, Assistant General Mana er Eric W.Schafer, President BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Rand Vo el esan , Director Kell Sheehan, Director 1. CALL TO ORDER REGULAR MEETING— PLEDGE OF ALLEGIANCE 2. COMMENTS FROM THE AUDIENCE (This is an opportunity for members of the public to address the Board on any short non-agenda items that are within the subject matter jurisdiction of the District. No discussion or action can be taken on matters not listed on the agenda, per the Brown Act. 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.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR (For purposes of the Brown Act,all Action and Consent items listed give a brief description of each item ofi business to be transacted or discussed. Recommendations of the staff,as shown, do not prevent the Board from taking other action.) 4. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately upon request.Comments and questions from members of the public,staff or Board can be taken when the comment does not necessitate separate action.) 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION / ACTION 6. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. Headworks Replacement Phase 2 Project Approve Change Order No. 8 to Pg. » (Julie Ryan,Senior Engineer) GSE Construction Company, Inc., in the Amount of $30,920 b. Payment of Ciaims Approve Payment in the Amount of Pg.25 $1,210,475.66 7. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 8. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT REGULAR BOARD MEETING AGENDA-JANUARY 17, 2013 PAGE-2 9. GENERAL MANAGER REPORT(S) (Discussions may take place; however, no action will be taken.) 10. STAFF /ATTORNEY REPORT(S) (Discussions may take place; however, no action will be taken.) a. Delinquent Accounts Collections (Tim Bledsoe) 11. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetings / Events O1/16/13- ECC (Employee Communications Committee) Meeting O1/16/13 8� O1/17/13-CASA (California Association of Sanitation Agencies) Conference Future Meetinas / Events O1/17/13 8� O1/18/13-CASA (California Association of Sanitation Agencies) Conference 02/07/13-STPUD Regular Board Meeting at District 12. 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.39 Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District b. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Pg.41 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 CVO6-0055-GW, United States District Court for the Central District of California I ! c. Pursuant to Government Code Section 54956.9(a)/Conference with Legal � Pg.a3 Counsel- Existing Litigation re: Los Angeles County Superior Courf Case No. BC459943, State of Nevada, et al. v. J-M Manufacturing, et al. 13. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 14. ADJOURNMENT (To the next regular meeting, February 7, 2013, at 2:00 p.m.) ��I REGULAR BOARD MEETING AGENDA-JANUARY 17, 2013 PAGE-3 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 affer minutes of the meeting have been approved. Items on this agenda are n�mbered 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. $OVTH TANOF �3�a. _ —- — �.�-= �p. � Veew°� ' 1950 ' W�0�j `�� CONSENT CALENDAR JANUARY 17, 2013 ITEMS REQUESTED ACTION a. Bureau of Reclamation Water Grant Adopt Resolution No. 2920-13 Pg. i (Lynn Nolan,Grants Coordinator) Approving Grant Funding for Water Meter Installation b. 2012 Wildwood Waterline and Bal Bijou Approve Change Order No. 6 to Pg.s Waterline Replacement Thomas Haen Company, in the ! (Heidi Baugh, Contracts Administrator) Credit Amount of <$3,684.60> i c. MXUs (Mobile Reading Units) and Water Meters (1) Authorize Exception to Bidding Pg.9 (.lames Cullen, Inspections Supervisor) Procedures as Outlined in the Purchasing Policy for a Sole Source Purchase of Standardized Supplies; and (2) Authorize Purchase of Sensus MXUs and Meters from Western Nevada Supply d. Regular Board Meeting Minutes: Approve Minutes Pg. �i December 20, 2012 (Kathy Sharp,Clerk of the Board) 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 6eneral Manager Richard H.5olbrig � • 19Fi0 •�`� _j�,� /� t 'T �++'� /"� �+� Director5 i ' � �'7 � 1 f'"� Chris Cefalu V N �• (��l �"� �'/ James R.JoneS � � RanQy Vogelgesang � pu bl Ic Utr i ity D i 5tri ct Keliy Sheehan Eric Schafer 1275 Meadow Crest Driv,e•South{..ake Tahae•GA 96150-74U1 F'hone 53Q 544-�4-74��ax 53C)541-06i4•W W W.5�.U5 BOARD AGENDA ITEM 4a TO: Board of Directors FROM: Lynn Nolan, Grants Coordinator MEETING DATE: January 17, 2013 ITEM-PROJECT NAME: Bureau of Reclamation Water Grant REQUESTED BOARD ACTION: Adopt Resolution No. 2920-13 approving grant funding for water meter installation. DISCUSSION: Staff is requesting approval to submit a grant application to the Bureau of Reclamation WaterSMART Grant Program for the installation of 300 residential water ,� meters. The cost for this project is approximately $300,000 from grant funding with an additional $300,000 match requirement. . SCHEDULE: Final application will be submitted January 17, 2013 COSTS: Match costs are associated with this item ' ACCOUNT NO: NA BUDGETED AMOUNT REMAINING: NA ATTACHMENTS: ,Resolution No. 2920-13 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -1- � RESOLUTION NO. 2920-13 2 3 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT 4 BUREAU OF RECLAMATION WaterSMART: 5 WATER AND ENERGY EFFICIENCY GRANT 2013 6 BE IT RESOLVED by the South Tahoe Public Utility District(STPUD) Board of Directors 7 that the General Manager, Assistant General Manager and/or the Chief Financial Officer is hereby authorized and directed to sign and file, for and on behalf of the STPUD, a Financial 8 Assistance Application for a financing agreement from the Bureau of Reclamation for the 9 planning, design, and construction of the following project: �i 10 1. Installation of residential water meters 11 And; �2 BE IT FURTHER RESOLVED that the STPUD hereby agrees and further does authorize the 13 aforementioned representative or his/her designee to certify that the Agency has and will comply with all applicable state and federal statutory and regulatory requirements related to any 14 financing or financial assistance received from the Bureau of Reclamation; and 15 BE IT FURTHER RESOLVED that the STPUD Board of Directo�supports the 16 submission of an application under the Bureau of Reclamation WaterSMART Grant Program and certifies that STPUD is capable of the providing the amount of funding and in-kind �7 contributions specified in the funding application; and 18 BE IT FURTHER RESOLVED that STPUD will work with Bureau of Reclamation to 19 meet established deadlines for entering into a cooperative agreement 20 WE,THE UNDERSIGNED, do hereby certify that the above and foregoing resolution was 21 duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public 22 Utility District at a regular meeting duly held on the 17th day of January, 2013, by the following 23 vote: 24 AYES: 25 NOES: 26 ABSENT: 27 28 Eric Schafer, Board President 29 ATTEST: 30 Kathy Sharp, Clerk of the Board -3- Cieneral Manager ..�-� Richard H.Solbrig ��t • 195Q s yd"� �'�.� Directory V � V' � Chris Ccfalu Q� James R.Jones '�"" RanAy Vogelgeyang �M pub[ic U-�iiity pi�-�r;�-� KellySheehan Eric Schafer 1275 Meadow Cr�est Driv�e•South Lake Tahoe•CA 96150-7401 Phone 530 544-64-74•Fax 530 541-0614•www stpud.u5 BOARD AGENDA ITEM 4b TO: Board of Directors FROM: Heidi Baugh, Contracts Administrator � � MEETING DATE: January 17, 2013 ITEM-PROJE CT NAME: 201 2 W' i Idw ood Waterlme and Bal Bijou Waterline Replacement REQUESTED BOARD ACTION: Approve Change Order No. 6 to Thomas Haen Company, in the credit amount of<$3,684.60>. DISCUSSION: The itemized parts of Change Order No. 6 are as follows: Item A, in the amount of .40� is to correct a rounding error and make the contract total calculafie out exactly for adjusted Bid Item 64 as modified in Change Order 5, Item J. Item B, in the credit amount of<$3,685> is for reduction of Bid Item "Additive A" by 737 lineal feet to reflect final quantities installed on the Bal Bijou Waterline Project. SCHEDULE: As soon as possible COSTS: WILDWD: $0; ECBBWL: <$3,684.60> ACCOUNT NO: 2029-8263/WILDWD; 2029-7098/ECBBWL BUDGETED AMOUNT REMAINING: $585,397; <$174,011> ATTACHMENTS: Change Order No. 6 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Wpter GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -5- yO�tH rqyo CHANGE ORDER NUMBER 6 Project 2012 Wildwood and Bal Biiou Waterline Replacement s�� _ �„6� P�—..L_ �/b,��•1850'w'`�� C�� p�5�`" Contractor Thomas Haen Co. I, Date: Januarv 17. 2013 PO # P25242 I ! The Contract Shall Be Changed As Follows: A. Adjust Change Order 5, Item J that reduced Bid I#em fi4–[4° Thick Asphalt Trench Patch b Y 120 square feet to reflect the actual amount of asphalt paving required on the Bal Bijou Waterline project]. Reduction in quantity resulted in a credit to the District identified in the amount of$856. However, when calculated at the bid amount of$7.13/sf x -120 sfl the credit amount is $855.60 rather than $856.00. The difference amounts to $.40. TOTAL FOR ITEM A IS $.40 B. Decrease Bid Item "Additive A" [Geotextile wrapped drain rock in pipe zone only (Sta 1+00 to 8+77] by 737 linear feet to reflect the final quantity installed on the Bal Bijou Waterline Project. Total decrease in lineal footage at a rate of$5.00 per lineal foot results in a credit to the District in the amount of<$3,685.00>. � TOTAL FOR ITEM B IS <$3,685.00>. TOTAL FOR CHANGE ORDER NUMBER 5 IS A + B = <$3,684.60 > � �: � � , �. �;,� ,. �-. � � : , .. � . _ ,..: _�. .. �... . . � � �� { . ,_ � ..._. . ., ��- ;� Original Contract $1,892,462.58 Previous Change Order $127,712.06 Current Contract $2,017,174.64 THIS CHANGE ORDER <$3,684.60> New Contract Total $2,013,490.04 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 individuat description(s). Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By -�- 1 ��wi a�manaycr r�"' Richard H.Solbrig � • lssoq � � �� Directory , V �� ChriS Cefalu \.r�% James R.Jones �� i�u b I i c U ti i ity y+ Randy Vogelge5ang ��) '��/ Kelly Sheehan Eric Schafer 1275 Me,adow Crest Drive•aouth Lake Tahoe•CA 96150-7405 Phone 530 54�4-6474•Fax 53Q 541-0614•W W W.5�.U5 BOARD AGENDA ITEM 4c TO: Board of Directors FROM: James Cullen, Inspections Supervisor MEETING DATE: January 17, 2013 ITEM-PROJECT NAME: MXUs (Mobile Reading Units) and Water Meters REQUESTED BOARD ACTION: (1) Authorize exception to bidding procedures as outlined in the Purchasing Policy for a sole source purchase of standardized supplies; and (2) Authorize purchase of Sensus MXUs and meters from Western Nevada Supply in the amount of$44,000 including tax and freight. DISCUSSION: Staff would like to purchase a total of 110 water meters and 135 (MXUs) to replace outdated devices currently in use in the field. To ensure that all parfs will perform with the District's electronic meter reading system, the District only purchases MXUs manufactured by Sensus (as authorized by the Board on May 21, 2009). Western Nevada Supply is the sole source supplier for Sensus in this area. The District is also eligible to participate in the HGAC Cooperative Purchasing Program, which completed a public bidding process for meters 8� parts. The program is available to government agencies nationally, and Sensus was one of the manufacturers awarded a contract; however, staff compared prices and Western Nevada was 25% less. This item has been reviewed by the District's Purchasing Agent. SCHEDULE: Order by February 15, 2013 COSTS: $44,000 (includes tax and freight) ACCOUNT NO: 203&6045 and 2038-8244 BUDGETED AMOUNT REMAINING: $24,212; 12,085 ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES� NO CHIEF FINANCIAL OFFICER: YES NO £ -9- S�vTH TAy� F I --o-�-��.- --...�,.:, � :� S'e k, �c e � . � r . � .W 950 � � ♦ L �C � UT'ILITY D� SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri , General Mana er Pauf Sciuto, Assistant General Mana er Eric W.Schafer, President BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Rand Vo el esan , Director Kell Sheehan, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT DECEMBER 20, 2012 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, December 20, 2012, 2:00 p.m., at the District Office, located ot 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Schafer, Directors Cefalu, Jones, Vogelgesang, Sheehan STAFF: Solbrig, Sharp, Sciuto, Cocking, Ryan, Morse, Henderson, Eidam, C. Stanley, Johnson, Curtis, Cotulla, Attorney Kvistad G U EST: Cameron Falls Action Item b.b. (Request to Appear Before the Board Received CORRECTIONS TO THE from Brandon Hill, Edgewood Companies, Concerning Deferral AGENDA OR CONSENT of Sewer Capacity Fees until Development is Initiated) was CALENDAR removed from the agenda as requested by Mr. Hill. Moved Voaelaesang l Second Cefalu / Passed UnanimouslX CONSENT CALENDAR to approve the Consent Calendar as submitted: a. TRPA (Tahoe Regional Planning Agency) Mitiga#ion Payment- Authorized payment to TRPA in the amount of$27,392.95 for 5% mitigation fee on new sewer connections; b. Headworks Replacement Phase 2 Project-Approved Change Order No. 7i to GSE Construction Company, Inc., in the amount of$54,310; -��- _ � E REGULAR BOARD MEETING MINUTES-DECEMBER 20, 2012 PAGE-2 ; � c. 2010 Filter Rehabilitation Project-Approved Change Order CONSENT CALENDAR ; : No. 4 to ERS Industrial Services, in the amount of$6,567.46; (continued) � d. Luther Pass Power and Control Evaluation-Approved proposal � from GHD for engineering services, in the amount of$74,816; x R e. Remote Terminal Unit (RTU) Replacements- (1) Found purchase � of Motorola ACE 3600 RTUs to be excepted from bidding, as � a standardized item, matching or compatible with the District's � existing equipment; and (2) Approved purchase of three RTUs ; from Global Data Specialists, Inc., in the amount of $15,346.19; � r t �� f. Wastewater Treatment Plant Concrete and Coatings Evaluation- F Authorized Task Order to HDR, Inc., for planning and design, in � the amount of$170,602; � � : g. 2013 Washington D.C. Legislative Advocacy-Authorized ; execution of contract with ENS Resources, Inc., in the amount of$79,296; ; h. CASA (California Association of Sanitation Agencies) -Authorized � execution of contract with ENS Resources, Inc., in the amount 5 of$79,296; � ; � i. Approved Regular Board Meeting Minutes: November 15, 2012. f t � � _ __ _ . r ITEMS FOR BOARD ACTION � Director Vogelgesang recused himself from participation REQUEST TO APPEAR � ; in this item due to a potential conflict of interest and left the BEFORE THE BOARD ' ; room at this point. (He has provided engineering services to RECEIVED FROM ; Mr. Falls in the past.) CAMERON FALLS CONCERNING FEES ' Cameron Falls, who originally appeared before the Board on RELATED TO INSTALLATION ; November 15, presented this revised request that his bill be OF DOMESTIC AND FIRE adjusted to reflect a refund of$297.34 for installation of a LINE SERVICE domestic and fire line service, plus an additional credit of $150.00 for half of the City excavation fee, for a total refund of$447.34. ' Staff explained the installation process, District's fees charged, and how City excavation fees were determined. They also ' reported that a reduction in the bill had previously been made. After a lengthy discussion, it was recommended that the City excavation fee be billed per staff's recommendation. Moved Cefalu /Second Sheehan / VoQel esang Abstained / Schafer and Jones Voted No / Motion Failed to refund Mr. Falls a total of$297.34 for domestic and fire line service installation. -12- REGULAR BOARD MEETING MINUTES-DECEMBER 20,2012 PAGE-3 Moved Schafer/Second Cefalu / Voqel4esanq Abstained / REQUEST TO APPEAR Jones Voted No / Passed to reconsider the motion. BEFORE THE BOARD RECEIVED FROM Moved Schafer/Second Cefatu / Voqelgesanca Abstained / CAMERON FALLS Jones Voted No / Passed to refund Mr. Falls $297.34 as parfial (continued) refund of the District's charge for installation of domestic and fire line service. 2:23 p.m.- Director Vogelgesang rejoined the meeting at this point. PUBLIC HEARING 2013 STATE STREET WATERLINE PROJECT President Schafer opened the Public Hearing at 2:25 p.m. to receive comments on the project. The proposed waterline project includes the installation of 17,696 feet of 1�-inch, 8-inch, and 6-inch waterline on the following streets: Tahoe Keys Blvd., Michael Dr., Texas Ave., Arizona Ave., Colorado Ave., Utah Ave., Montana Ave., Wyoming Ave., Idaho Ave., Washington Ave., Oregon Ave., California Ave., and Jeffery St. The project will replace old, undersized pipes with a significant improvement to fire flows and reduction in frequency of leaks. As provided by Resolution No. 2904-12, staff recommended that this project be deemed "substantially complex" meriting a retention of 10% of the total contract amount based on the following: • The Lake Tahoe Basin is a unique area, which, due to high environmental sensitivity, is highly regulated by TRPA; • Based on limited construction season (May 1-October 15) within the Lake Tahoe Basin, the project must be timely completed without benefit of time extension. No public comments were received and the Public Hearing was closed at 2:30 p.m. Moved Jones /Second Sheehan / Passed Unanimous� to: (1) Find that pursuant to facts described in the staff report the project is substantially complex and require a 10% retention limit; and (2) Authorize staff to advertise for construction bids. Municipal Financial Services and staff worked together to WATER CAPACITY CHARGE develop a new approach, and assumptions to determine FOR PRIVATE FIRE specifically, the impact of fire sprinklers to the District's water PROTECTION SERVICE system. Results were presented at the November 1 Board meeting and staff was directed to develop the necessary ordinance for the Boar to consider. -13- REGULAR BOARD MEETING MINUTES-DECEMBER 20, 2012 PAGE-4 ; Moved Cefalu / Second Voqelqesanc�/ Passed Unanimouslv WATER CAPACITY CHARGE to enact Ordinance 543-12 regarding water capacity charges FOR PRIVATE FIRE for private fire protection and amending Administrative Code PROTECTION SERVICE Section 3.1.49(C) and superseding Ordinance No. 497-06. (continued) Moved Jones /Second Cefalu / Passed Unanimouslv to ELECTION OF BOARD elect Eric Schafer as Board President for 2013 calendar year. OFFICERS Moved Cefalu / Second Vogelaesanq / Passed Unanimously to ELECTION OF BOARD elect James Jones as Board Vice President for 2013 calendar OFFICERS year. �' ; Moved Vogelqescang /Second Sheehan / Passed Unanimouslv PAYMENT OF CLAIMS to approve payment in the amount of$1,099,385. Donielle Morse gave a PowerPoint presentation covering the PRESENTATION: WATER Water Conservation Program: grant funding, efficiency rebates, CONSERVATION water meter conservation, and educational efforts. PROGRAM UPDATE ; Capital Improvement Proqram Ad Hoc Committee: The AD HOC COMMITTEE committee met December 17 to discuss the development of REPORT a 10-year and 20-year Capital Improvement Plan that is based ` on risk analysis.The benefits of the Asset Management Program, and revenue generation ideas were also discussed. 3 �: Director Vo_c�elaesanq reporfed the Redevelopment Oversite BOARD MEMBER REPORTS ; Committee was tasked with selling the lot on the corner of Ski Run Blvd. and Highway 50. He also reported on the possible ; election changes in the future affecting the Lake Tahoe Unified � School District and Lake Tahoe Community College as a result of � the California Voters Right Act.The District will not likely make � , any changes. i Director Jones reporfed on his attendance at the ACWA/JPIA � (Association of California Water Agencies Joint Powers Insurance ° Authority) meetings where he attended several breakout sessions. j He also reported on current state and federal activities. ACWA � Region 3 and the Mountain Counties Water Resources Agency � met in a joint session to discuss issues common to the Sierras. r The agency met and discussed the Texas Hill Reservoir property. EL DOARDO COUNTY f It was determined that the District does not stand to receive any WATER AGENCY ; money if the property is ever sold since it entered into a settle- PURVEYOR REPORT ment with the agency in the early 1990s which declares all other ; agreements to be null and void. Assistant General Mana4er/ En4ineer: Paul Sciuto introduced STAFF REPORTS ' Shannon Cotulla, the new Engineering Deparfment Manager, ' to the Board. -14- REGULAR BOARD MEETING MINUTES-DECEMBER 20, 2012 PAGE-5 District Information: Dennis Cocking reporfed on the status of STAFF REPORTS the Retirement Health Savings Plan, and on the Customer (continued) Satisfaction Survey. 3:40- 3:50 P.nn. ADJOURNMENT TO CLOSED SESSION AND RECOVNED TO OPEN SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION w' a. Pursuant to Government Code Section 54956.9�b)/Conference with Legal Counsel re: existing litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Lake Tahoe Public Utility District (filed 10/22/12) No reportable Board action. b. Pursuant to Section 54956.9(a) of the California Government code, Closed Session was held for conference with legal counsel regording 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. No reportable Board action. c. Pursuant to Section 54956.9(a) of the California Government Code, Closed Session was held for conference with legal counsel regarding existing litigation: Los Angeles County Superior Courf, Case No. BC459943, State of Nevada, et al. v. J-M Manufacturing, et al. No reportable Board action. 3:50 P.nn. ADJOURNMENT Eric W. Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District -15- General Manager �� • 1950 • w8� Rlchar�d H.5olbrig ou� a e � O T James R.Jones �� '"� f ublic Utilit ni5trict � '�"`°"�� r�s�n�� 1275 Meadow Crest Drive•South i.ake Tahoe•CA 9615U-7401 f'hone 530 54�4-6474•Fax 530 541-0614•www.stpud.u5 BOARD AGENDA ITEM 6a TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: January 17, 2013 ITEM-PROJECT NAME: Headworks Replacement Phase 2 Project REQUESTED BOARD ACTION: Approve Change Order No. 8 to GSE Construction Company, Inc., in the amount$30,920 DISCUSSION: Change Order No. 8 addresses 10 work items that are beyond the scope of the contract and a change to the contract time. 1) During construction, the contractor encountered unknown underground conditions in routing the electrical duct banks in the yard. In addition, staff recognized that the contract allowed direct bury of some yard wiring, which is inconsistent with the District standard. At staff direction, the work to address these issues was performed on a Time and Materials Basis for an additional cost of$10,108. 2� Through coordination between the grit dewatering manufacturer and the structural and mechanical disciplines, the contractor discovered that the overflow and vent piping for the grit classifier needed to be larger than shown in the contract. The additional work to upsize the piping was pertormed on a Lump Sum basis for an additional cost of$1,000. 3) During construction, staff directed the contractor to upsize the hose bibs and piping in the headworks basement so they would match the size of the flushing connections on the grit piping for ease of maintenance. The additional work to upsize the piping and fixtures was performed on a Lump Sum basis for an additional cost of$1,533. 4) Through coordination between the manufacturer of the suspended solids analyzer on the WAS pumping system and the mechanical piping elements of the project, the contractor discovered that the piping connection shown in the i contract was insufficient to support the analyzer. The additional work to modify ; the piping connection was performed on a Lump Sum basis for an additional cost of$1,108. -��- } Julie Ryan January 17,2013 Page 2 5) During construction, Plant Operations identified some damaged asphalt pavement and sidewalk, adjacent to the project area, which needed immediate repair. Since a curb and gutter specialist was onsite, staff directed the contractor to add this small section of curb and gutter to the Scope of Work. The contractor performed the subgrade preparation under this item, but the asphalt paving cost will be reflected in a change to the quantity under the existing bid item. The additional work was performed on a Time and Materials ; ; basis for an additional cost of $3,022. 6) During construction, staff discovered that the topographic contours provided to the contractor for use when grading around the new Backwash Tank were too e coarse. As a result the contract grades would have caused ponding behind the tank. At Staff direction, the contractor installed drainage improvements behind the tank to accommodate the site grading. The additional work was performed on a Time and Materials basis for an additional cost of$4,637. 7) During construction, the contractor identified an error in the contract with � respect to the type of telephone wire to be used on the project. After 5 consideration by staff and the design engineer, the contractor was directed to x install a more costly type of wire than had been assumed during bidding. The ; additional work was performed on a Lump Sum basis for an additional cost of � $785. `' 8) After installation of the fiber optic cable, it was brought to staff's attention that = the District had approved the wrong type of fiber optic cable for the Project. � The contractor was directed by staff to remove and replace the installed cable. � The additional work was performed on a Lump Sum basis for an additional cost = � of$1,363. � 9) During final grading, it was brought to staff's attention that the gate loops at the - center gate to the plant had been destroyed during installation of the influent � piping. They had not been identified on the contract drawings. The ; replacement was additional work performed on a Lump Sum basis for an � additional cost of $5,672. � c 10)On December 1, 2011, the existing 10" 3W pipe sprung a leak in the project � staging area. So that District crews could access the pipe to repair it, GSE and its � subcontractors were required to spend additional time relocating their materials and facilities. The additional effort was accounted for on a Time and Materials � basis for an additional cost of $1,692. � 11)The contract time for the project is set to expire on January 18, 2013. Staff � recommends that the contract time be extended by 35 days to account for i District delays related to additional work to modify the o�tlet structures at the � Headworks. The new contract time will end on February 22, 2013. � Staff recommends that the Board approve Change Order #8 to the District's contract , with GSE in the amount $30,920. With $365,605.98 in Change Orders approved ' previously, this Change Order #8 brings the contract total to $8,417,386.27. The Engineer's Estimate for construction was $9,198,605. -is- Julie Ryan January 17,2013 Page 3 � SCHEDULE: As soon as possible COSTS: $30,920 ACCOUNT NO: 1029-8033/HDWORK BUDGETED AMOUNT REMAINING: $1,048,330 ATTACHMENTS: Change Order No. 8 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -19- yo�tH rq CHANGE ORDER NUMBER 08 _,,,_ .,,�,;,�_ Project: HEADWORKS REPLACEMENT PHASE II PROJECT :�= "��iis�wQ��1950��'`b��o'� Contractor: GSE Construction Company, Inc. f ��Unurv v�s�` Date: Januarv 17, 2013 PO #: P23714 The Contract Shall Be Changed As Follows: A) Amend Bid Item 19, including all labor, equipment, materials and subcontractor costs � necessary to modify the electrical trenches as directed by Design Construction Memorandum 19, dated August 10, 2011. This item addresses in full the additional work authorized by the District to modify the duct banks for the additional cost of$10,108, as detailed in Contract Change Request#11.2 and GSE's PC0020 dated January 2, 2013 (attached), and as adjusted by the District in its Response #1 to the CCR (attached). TOTAL FOR ITEM A IS $10,108.00 TOTALFORCHANGEORDERN0. 81SA + B + C + D + E + F + G + H + 1 + ,1 + K = $30,920.00 Dallar Amounts +Cont�ct TIm�:: Original Contract $8,020,860.29 sz2 ca�endar oays Previous Change Order $365,605.98 74 Calendar Days Current Contract $8,386,466.27 696 Calendar Days THIS CHANGE ORDER $30,920.00 35 Calendar Days New Contract Total $8,417,386.27 �31 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). Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By ; -21- B) Amend Bid Item 11, including all labor, equipment, materials and subcontractor costs necessary to modify the grit classifier overFlow and vent piping as directed by the District in its Response to RFI 60, dated August 19, 2011. This item addresses in full the additional work authorized by the District for modification to the grit classifier piping for an additional cost of$1,000.00, as detailed in Contract Change Request #47.1 and GSE's PC0035 dated December 12, 2012 (attached). TOTAL FOR ITEM B IS $1,000.00 C) Amend Bid Item 11, including all labor, equipment, materials and subcontractor costs necessary to upsize the hose bibs and piping in the Headworks Basement as directed by the District in Design Construction Memorandum #47, dated February 28, 2012. This item addresses in full the additional work authorized by the District for modification to the hose bibs and 3W piping for an additional cost of$1,533.00, as detailed in Contract Change Request#50.1 and GSE's PC0072 dated December 11, 2012 (attached). TOTAL FOR ITEM C IS $1,533.00 D) Amend Bid Item 11, including all labor, equipment, materials and subcontractor costs necessary to modify the solids analyzer connection at the WAS pumping system, as directed by the District in the Design Engineer's Response to RFI 115 dated February 17, 2012. This item addresses in full the additional work authorized by the District for modification to the solids analyzer connection for an additional cost of $1,108.00, as detailed in Contract Change Request#51.1 and GSE's PC0071 dated December 11, 2012 (attached), and as adjusted by the District in its Response #1 to the CCR (attached). TOTAL FOR ITEM D IS $1,108.00 E) Amend Bid Item 33, including all labor, equipment, materials and subcontractor costs necessary to provide drainage improvements at the backwash tank as directed by the District in Design Construction Memorandum #93, dated August 15 and September 5, 2012, respectively. This item addresses in part the additional work authorized by the District for sidewalk and pavement replacement at this location for an additional cost of$3,022.00, as detailed in Contract Change Request#53.1 and GSE's PC0103 dated December 11, 2012 (attached), and as adjusted by the District in its Response #1 to the CCR (attached). This item does not include the cost per square foot for asphalt placement, which will be accounted for in the final quantity of Bid Item 34. TOTAL FOR ITEM E IS $3,022.00 F) Amend Bid Item 33, including all labor, equipment, materials and subcontractor costs necessary to remove and replace sidewalk and asphalt pavement as directed by the District in the Design Construction Memoranda #81 and 93.1, dated September 24 and September 26, 2012, respectively. This item addresses in full the additional work authorized by the District for drainage improvements at this location for an additional cost of$4,637.00, as detailed in Contract Change Request#54.1 and GSE's PC0114 dated November 15, 2012 (attached). TOTAL FOR ITEM F IS $4,637.00 G) Amend Bid Item 17, including all labor, equipment, materials and subcontractor costs necessary to upgrade the telephone wire for the project as directed by the District in its response to RFI #129, dated April 18, 2012. This item addresses in full the additional work authorized by the District for telephone wire for an additional cost of$785.00, as detailed in Contract Change Request#55 and GSE's PC0126 dated November 28, 2012 (attached), and as adjusted by the District in its Respons�1 to the CCR (attached). TOTAL FOR ITEM G IS $785.00 H) Amend Bid Item 17, including all labor, equipment, materials and subcontractor costs necessary to replace installed fiber optic cable as directed by the District in its Supplemental Response to Submittal 25.2, dated December 5, 2012. This item addresses in full the ' additional work authorized by the District for fiber optic cable for an additional cost of $1,363.00, as detailed in Contract Change Request#56 and GSE's PC0127 dated November 28, 2012 (attached), and as adjusted by the District in its Response #1 to the CCR (attached). TOTAL FOR ITEM H IS $1,363.00 I) Amend Bid Item 33, including all labor, equipment, materials and subcontractor costs necessary to replace gate loops as directed by the District in Design Construction Memorandum #94 dated September 26, 2012. This item addresses in full the additional work authorized by the District for gate loops for an additional cost of$5,672.00, as detailed in Contract Change Request#60.1 and GSE's PC0118 dated December 11, 2012 (attached). TOTAL FOR ITEM I IS $5,672.00 J) Amend Bid Item 1, including all labor, equipment, materials and subcontractor costs necessary to relocate materials and facilities within the Contractor's staging area to provide temporary access to District crews as directed by the District verbally on December 1, 2011. This item addresses in full the additional work authorized by the District in response to the emergency leak on the existing 10" 3W pipe for an additional cost of$1,692.00, as detailed in Contract Change Request#57.1 and GSE's PCO #128, dated January 7, 2013 (attached). TOTAL FOR ITEM J IS $1,692.00 I K) Change the Contract Time, identified in Section 007200, Part 2.04 of the Contract Specifications and modified by Change Order#6, from six-hundred ninety-six (696) calendar days to seven-hundred thirty-one (731) calendar days, as described in detail in Design Construction Memo #98.1, dated January 7, 2013. The District reserves its right to collect liquidated damages for failure to complete the relevant portions of the Work by the deadline. No compensation is awarded due to the delay, and any additional costs for the work related to this item will be addressed separately. TOTAL FOR ITEM K IS $0.00 TOTALFORCHANGEORDERN0. 81SA + B + C + D + E + F + G + H + � + � + K = $30,920.00 -23- PAYMENT OF CLAIMS FOR APPROVAL :� January 17, 2013 Payroll 1/8/13 456,979.00 Total Payroli 456,979.00 ADP 2,666.21 American Express 408.44 Bank of America 0.00 BBVA Compass Bank 0.00 BNY Mellon Trust Company 0.00 BHFS legal services 0.00 CDS-health care payments 181,391.91 Union Bank 0.00 Total Vendor EFT 184,466.56 Accounts Payable Checks-Sewer Fund 364,182.47 Accounts Payable Checks-Water Fund 204,847.63 Accounts Payable Checks-Self-funded Insurance 0.00 Accounts Payabte Checks-Grants Fund 0.00 Total Accounts Payable 569 030.10 , Grand Tota/ 1,210,475.66 Pavroll EFTs & Checks 1/8/13 EFT CA Employment Taxes & W/H 19,990.33 EFT Federal Employment Taxes & W/H 106,204.19 EFT CaIPERS Contributions 77,299.10 EFT Great West Deferred Comp 21,004.52 EFT Stationary Engineers Union Dues 2,545.37 EFT United Way Contributions 160.00 EFT Employee Direct Deposits 224,676.10 CHK Employee Garnishments 1,273.83 CHK Employee Paychecks 3 825.56 , Total 456,979.00 -25- � 3 3 3 3 3 3 3 3 3 3 3 � � � � � � � � � � � N � v �n �o r oo a� �'' ° '_' � N N N N � � N N � � O O O O � � 0 � O O O O q q p R O O � O O � a a ¢ a a � � a a a d� o o v o o �c co 0o n v c� N M ao v ao ao �n o O O � tl') 1n N � O� t0 O� T (O � � f0 (O O � . � � O O l0 f� t� N CO 00 N CD t{7 O t0 f0 tD ` O O h t0 N Of O� O O � � U) M c0 N N O t0 (O C� O ifI In N O O M N � � � �- ln O� 01 M CO � m Of � e- � O \O :��: N 7 }' O •-• ,, .�+ p : O �--� ^ l0 N l0 :..0 .,�. .�. ..�. .�.. « � � � E' O O O O O O O O O O O H F F- H H H H H F- F- H Q f. 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O �--� � O O h O� M h M � � r-y N h O b .-r O O N a� O f-' � O a � a � � x � � x > U � W �, a � a �a A � ^ 0 O °• � v w W A � � ¢ y � .� U w 0 a � a a. � x A � O � ¢ w a� � ¢i� � � � z � ,� � aH U ' � �I� � ¢ w 3 x�� O E� -37- General Manager Richard H.5olbrig �i�~79�� '°'�' /^'\ �� Directore `�� GhriS Cefalu JameS R.Jones a�.r: • r r ♦ ♦ Randy Vogelgesang f u b I t c U tr i i-�y D�5tri ct Kelly Sheehan Eric 5chafer 1275 Meadow Cre�t Drivoe•South Lake Tahae•CA 96150-74�5 f'hone 53D 544-6474•Fax 530 541-Q614•www.�tpud.u5 BOARD AGENDA ITEM TO: Board of Directors FROM: Tim Bledsoe, Customer Service Manager MEETING DATE: January 17, 2013 ITEM-PROJECT NAME: Conference with Legal Counsel- Existing Litigation REQUESTED BOARD ACTION: Direct legal counsel. 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: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -39- General Manager Richard H.5olbrig ♦� � Director5 � ChriS Cefalu � James R.Jones oU�t T ah O� Randy Vogelgesang `� f ub[ic Ut�lity DiStrict KeilySheehan Eric 5chafer 1275 Meadow Cr�est Driv��South Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 534 541-0614•www.stpud.us BOARD AGENDA ITEM TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: January 17, 2013 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: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -41- General Manager Richard H.5olbrig � • 1a50 • � 8�„ ^ f ,..�+� � Directors v u � � Ghrie Cefalu ah o e James R.Jones :�: � e . � , Randy Vogelgesang public Uttfity DiStrict KellySheehan Eric 5chafer 1275 Meadow CrvSt Driv�•South Lake 7ahoe•CA 96150-7401 Phone 530 544--6474•Fax 530 541-0614•WWW.5�.U5 BOARD AGENDA ITEM TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: January 17, 2013 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 CVO6-0055-GW, United States District Courf for the Central District of California. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -43-