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AP 12-05-13 �o�TH rAHoF ._.�..__ --_..,.�,r. .s..r _ � �- .. - e` A(/e@h'er • 1950 • ��t �j ��11T'ILITY��'�'�� SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, December 5, 2013 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California Richard Solbrig, General Manager Paul Sciuto,Assistant General Manager 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 �At this time, please silence phones and other electronic devices so as not to disrupt the business of the meeting.) 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 of 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. Payment of Claims (Debbie Henderson, Approve payment in the amount of Pg s� Accounting Manager) $831,912.10 7. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 8. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT 9. GENERAL MANAGER REPORT (Discussions may take place; however, no action will be taken.) 10. STAFF/ATTORNEY REPORTS (Discussions may take place; however, no action will be taken.) REGULAR BOARD MEETING AGENDA- December 5, 2013 PAGE-2 11. NOTICE OF FUTURE MEETINGS/EVENTS Future Meetings/Events 12/11/13- 10:00 a.m. EI Dorado County Water Agency Meeting 12/16/13-3:30 p.m.-Water and Wastewater Operations Committee Meeting at District 12/19/13- 10 a.m.- Rate and Capital Improvement Plan Workshop at District 12/19/13- 1:30 p.m.-�inance Committee Meeting 12/19/13-2 p.m.-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 inembers 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 Pg 61 Counsel Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District (Filed 10/22/12) , b. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Pg 63 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 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 (inteNened o2/oa/�o) c. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Pg 65 Counsel-Existing Litigation re: Los Angeles County Superior Court Case No. BC459943, State of Nevada, et al. v. J-M Manufacturing, 2t al. (Intervened 02/04/�o) d. Pursuant to Government Code Section 5456.9(b)/Conference with Legal Pg 67 Counsel Anticipated Litigation (one potential case). ACTION/REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION ADJOURNMENT (The next Regular Board Meeting is December 19,2013, 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 specifled,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;" REGULAR BOARD MEETING AGENDA- December 5,2013 PAGE-3 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 i Board. � �I The meeting location is accessible to people with disabilities.Every reasonable efforf 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. I ��VTH Tqy�F . - �.:_ c l/sewer • 1950 ' �s�0� e��UTILITY D\�� CONSENT CALENDAR December 5, 2013 ITEMS REQUESTED ACTION a. Diamond Valley Ranch Irrigation Improvements Project Authorize an increase in the (Ivo Bergsohn, Hydrogeologist) amount of$2,600 to Purchase Pg � Order P�5814 to Hauge Brueck Associates, for added environmental services. Approval of the fee increase shall raise the project contract ceiling to $40,125.50. b. Diamond Valley Ranch Replacement Well Project (1)Approve Change Order No. 2 �Ivo Bergsohn, Hydrogeologist) to Cascade Drilling L.P. for Pg s <$5,843.50>; (2) Approve the Project Closeout Agreement and Release of Claims for Cascade Drilling, L.P.; and (3) Authorize staff to file a Notice of Completion with the EI Dorado County Clerk. c. Revised 2013 State Streets Waterline Project (1)Approve Change Order No. 1 (Shannon Cotulla, Engineering Department Manager) to White Rock Construction, Inc.; Pg 17 (2) Approve the Closeout Agreement and Release of Claims; and (3) Authorize staff to file a Notice of Completion with the EI Dorado County Clerk. d. Purchase One Y2 Ton Pickup Truck for field Operations Authorize purchase of one Y2 ton Pump Crew (Randy Curtis, Manger of Field Operations) pickup truck from the State of Pg 33 California competitively bid contract #1-12-23-20A, in the amount of $19,504.58 (includes tax and delivery). e. Purchase one 1-1/2 Ton Truck for Underground Repair, Authorize purchase of one 1-1/2 Sewer ( Randy Curtis, Manager of Field Operations) ton (F-450) cab and chassis truck Pg 37 from the State of California competitively bid contract ; #1-13-23-2-A, in the amount of $33,824.30. REGULAR BOARD MEETING AGENDA- December 5, 2013 PAGE- 2 f. Physical Connection-Time and Materiai Deposits Enact Ordinance No. 553-13 (Tim Bledsoe, Manger of Customer Service) amending Section 3.1.49(f) of the Pg 41 Administrative Code regarding the deposit fee for time and materiai charges. Currently, the deposit is $2,000 and it is Staffi's recommendation to increase it to $3,000. g. Self-Insured Dental Plan Renewal (1)Approve renewal of self-insured (Nancy Hussmann, Human Resources Director) dental plan, with a funding level �g as of $1�4.78 per employee, per month, and (2) Approve Dental COBRA rates of$4�.42 Single, $90.83 Employee + 1, and �154.62 Family. h. Regular Board Meeting Minutes: November 21, 2013 Approve Minutes Pg 47 South Tahoe Public Utility District• 1275 Meadow Crest Drive •South Lake Tahoe,CA 96150 Phone 530.544.6474■ Facsimile 530.541.0614■www.stpud.us I i �I �� General Manager Richard H.Solbrig ...—.�..... . ls�o: � � �.+r �� Director5 � �� ChriS Cefalu �� James R.Jones ,,�,t. • � � � r Randy Vogelgesang ��, ��j��v ��`�`� Kelly 5heehan ��1 Eric Schafer 1275 Meadow Cnest Dri��5outh Lake Tahae•GA 96150-7401 Phone 530�4-fia474;Fax 530 54-1-0614•www.stpud.� BOARD AGENDA ITEM 4a TO: Board of Directors FROM: Ivo Bergsohn, Hydrogeologist MEETING DATE: December 5, 2013 ITEM- PROJECT NAME: Diamond Valley Ranch IRigation Improvements Project REQUESTED BOARD ACTION: Authorize an increase in the amount of$2,600 to Purchase Order P25814 to Hauge Brueck Associates (HBA) for added environmental services. DISCUSSION: District staff requested HBA perform a task that was not within the present scope of work under their existing purchase order for environmental permitting assistance. This task involved assisting staff to prepare the Environmental Package required to satisfy the environmental review requirements for the Clean Water State Revolving Fund (CWSRF) Program. The California State Water Resources Control Board (State Water Board), Division of Financial Assistance, administers the CWSRF Program.This program is partially funded by grants from the United States Environmental Protection Agency. All applicants seeking CWSRF funds must comply with the California Environmental Quality Act (CEQA), and provide sufficient information so that the State Water Board can document compliance with federal environmental laws. In order to satisfy this requirement, District staff directed HBA to prepare the Environmental Package and compile the supporting environmental documents and approved agency permits for the DVRIIP-Phase 1 project. The completed Environmental Package and supporting environmental documents will be submitted to the State Water Board for environmental review as part of its application for funding for the DVRIIP-Phase 1 project from the CWSRF. Approval of the fee increase shall the raise the project contract ceiling to $40,125.50. -1- $, � � � � � Ivo Bergsohn � December 5,2013 � Page 2 �' � < � � � �' � �' � � € c � k � £ � t @ � E: �' � f f; 1 t € € k I 1 i { f i j �' � P' 3' � f ,, t i t t SCHEDULE: to be completed by December 6, 2013. � � ; COSTS: $2,600 � t ACCOUNT NO: 1029-8161/DVRIIP ; � BUDGETED AMOUNT REMAINING: <$7,233> , � ATTACHMENTS: CEQA Plus DVRIIP Documentation (HBA, 11/15/2013) � g � CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer � s GENERAL MANAGER: YES NO � e: ; CHIEF FINANCIAL OFFICER: YES NO � � � � � { f � 3, �� : E y,`. p q i f-�rAUGE BRUECK A S S O C 1 A T E S www.haugebrueck.com CALIFORNIA P 916-283-5800 15 November 2013 F 916-273-4054 2233 Watt Avenue,Suite 230 Sacramento.CA 95825 N&VADA Ivo Bergsohn P 775-588-4700 �outh Tahoe Public Utili D1StI'1Ct P.O,Box 10291 � Zephyr Cove.NV 89448 1275 Meadow Crest Drive South Lake Tahoe,CA 9615U RE: CEQA Plus DVRIIP Documentation Ivo: Thank you for contact me regarding updating and completing the CEQA Plus documentation required by the State Water Board. As we discussed on the phone I am available to complete this task in order for submittal in the timeframe requested. Below is the proposed scope of work: HBA will prepare the CEQA Plus form using the information contained in the Recycled Water Facilities Master Plan EIR(2409), Supplemental EIR (2U 11),Addendum EIR(2012),and Historical evaluation conduct�d by Peak and Associates. Topics addressed in the CEQA Plus Form include Federal Endangered Species Act,National Historic Preservation Act,Clean Air Act, Farrnland Protection Policy Act, Flood Plain Management,Migratory Bird Treaty Act, Protection of Wetlands,and Source Water Protection and Environmenta.l Justice.HBA will provide a draft CEQA Plus form with attachments to the District for review by 22 November 2013.HBA, in collaboration with the District,will then prepare the final CEQA Plus form based on comments from the District. A budget total of$2,600(20 hours @ $13U/hr) is proposed to complete the above task. As stated on the phone,I am available to start work on this project on 18 November 2013. I look forward to working with you. Sincereiy, Garth Alling Senior PlannerBiologist Hauge Brueck Associates, LLC -3- General Manager Richard H.Solbrig ��...,., � . �a5o�.- ',� � + ' Y � �� Directore y ChriS Cefalu James R.Jones � ♦ � � ♦ s Randy Vogelge5ang p�� -��-�y p��-��,�-� Kel�y 5heehan Eric 5chafer 1275 Meadow Cre�t Driue•5outh lake Tahoe•CA 9615�Q-740Z t'hone 530 5�4�4-�474•Fax 530 541-0614�www.5t�pud.u5 BOARD AGENDA ITEM 4b TO: Board of Directors FROM: Ivo Bergsohn, Hydrogeologist MEETING DATE: December 5, 2013 ITEM-PROJECT NAME: Diamond Valley Ranch Replacement Well Project REQUESTED BOARD ACT10N: (1) Approve Change Order No. 2 to Cascade Drilling L.P. for<$5,843.50>; (2) Approve the Project Closeout Agreement and Release of Claims for Cascade Drilling, L.P.; and (3) Authorize staff to file a Notice of Completion with the EI Dorado County Clerk . DISCUSSION: The itemized parfs of Change Order No. 2 are as follows: Item 1 for a deductive amount of<$5,843.50> is for balancing the Contract quantities bid to the final as-built quantities actually completed. Staff has performed a final inspection of the project and has found that as of November 15, 2013, Cascade Drilling, L.P. has met all contract requirements. Staff recommends approval of the project Closeout Agreement and Release of Claims and the filing of a Notice of Completion with the E► Dorado County Clerk. SCHEDULE: As soon as possible COSTS: <$5,843.50> ACCOUNT NO: 1029-8161 BUDGETED AMOUNT AVAILABLE: <$7,233> ATTACHMENTS: Change Order No. 2 (12.05.2013); Closeout Agreement and Release of Claims; and Notice of Completion. CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -5- oot" rA CHANGE ORDER NUMBER 2 ..�.r. ,.,�;;�,�. Project: DIAMOND VALLEY RANCH REPLACEMENT WELL s' � '�" � PROJECT ewQ��1950�Wf� � ��mr � Contractor: CASCADE DRILLING L.P. Date: 12.05.2013 PO #: P26680 The Contract Shall Be Changed As Follows: 1) Adjust bid quantities to final quantities for a total deductive amount of<$5,843.50>. See Attachment 1-Pay Estimate #3 for differences between specific bid item quantities and quantity complete amounts. TOTAL FOR ITEM 1: <$5,843.50> TOTAL FOR CHANGE ORDER NO. 1, ITEMS 1 IS: <$5,843.50> Original Contract $105,842.00 60 Calendar Days Previous Change Order $450.00 Current Contract $106,292.00 60 Calendar Days THIS CHANGE ORDER <$5,843.50> o Calendar Days New Contract Total $100,448.50 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 -�- CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this 5T" day of December 2013, by and befinreen South Tahoe Public Utility DISTRICT, hereinafter referred to as "DISTRICT', and CASCADE DRILLING, LP, 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 Hundred Five Thousand Eight Hundred Forty-Two Dollars ($105,842.00), contract amount, and the credit amount to District of Five Thousand Three Hundred Ninety-Three Dollars and Fifty Cents ($5,393.50) 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, o�cers, 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 5, 2013 for Purchase Order No. P26680, DISTRICT project described as Diamond Valley Ranch Replacement Well. B. Change Orders Nos. 1 and 2 as approved by the parties, pertaining to Purchase Order No. P26680 and shown in Payment Request No. 3, dated December 5, 2013. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of Purchase Order No. P26680 does hereby and for each of its successors, and assigns, releases, acquits and forever discharge CASCADE DRILLING, LP, 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 5, 2013 for Purchase Order No.P26680, DISTRICT project described as Diamond Valley Ranch Replacement Well. B. Change Orders Nos. 1 and 2 as approved by the parties, pertaining to Purchase Order No. P26680 and shown in Payment Request No. 3 dated December 5, 2013. -9 1 � � � � 3. Nothing contained herein shall waive or alter the rights, privileges, and powers of the g DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety in � respect to any portions of the Project Specifications for Purchase Order No. P26680. � � , 4. The DISTRICT has received no claims from the CONTRACTOR. � p � 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 t � the statutory lien period. � � r 6. � � The presently retained amount is $ 5,022.43 �� Original Contract amount $105,842.00 k I > Total Change Order Amount <$ 5,393.50> � � Less: Amount Previously Paid $ 95,426.07 � F� ' (Request Nos. 1 through 3) �� Retainage $ 5,022.43 ; � 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 EI Dorado g. 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. � ; i 7. CONTRACTOR and DISTRICT agree that the total adjusted contract price and time of � performance for Purchase Order No. after the execution of change orders shall be as F follows � �. ? Original Contract Price $105,842.00 ; Original Calendar Days 60 days = Total Adjusted Price $100,448.50 �' Total Adjusted Calendar Days 0 � r 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: � it £ "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 3' F _10 2 � � � 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-�x€c�g-tlais-�lose.c��t 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: MELONIE GUTTRY, CLERK OF BOARD DATED CASCADE DRILLING, LP. By: TIM T. SMITH, CEO DATED -11- 3 RECORDING REQUESTED BY: ; South Tahce 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE aPN: oi-oso-oeo NOTICE OF COMPLETION NOTICE IS HEREBY GNEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the properly hereinafter described. 2. The FULL NAME of the OWNER(s South Tahoe Public Utility District 3. The FULL ADDRESS of the OWNER is 1275 Meadow Crest Drive,South Lake Tahce,CA 96150. 4. The NATURE OF TNE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee,strike"in fee"and insert here,for example,"purchaser under wntract 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 COMPLEfED on il/15/2013. ', 8. The work of improvement completed is described as foilows: Diamond Valley Ranch Replacement Well Project. 9. The NAME OF THE ORIGINAL CONTRACTOR, if any,for such work of improvement is Cascade Drilling, LP. 10. The street address of said property is 1585 Diamond Valley Road,Woodfords,Alpine County. il. The property on which said work of improvement was completed is in the City of Woodfords County of Alpine, State of California, I' and is described as follows: As shown in Exhibit"A°attached hereto and made a part hereof, pA�:December 5, 2013 SIGNATURE OF OWNER OR AGENT OF OWNEREI:IC SCHAFER VERIFICATION FORINDIVIDUALOWNER: BOARD PRESIDENT, S0. TAHOE PUD I,the undersigned,deciare under penalty of perjury under the laws of the State of California tliat 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 facis stated therein are true and correct. DATE AND PLACE � SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFICATION FOR NON-INDMDUAL OWNER: SOUtII TdllOe PUb� 1 C Uti 1 i ty Di stri ct I,the undersigned,declare under penalty of perjury under the laws of the State of California that I am the Od1" 1"eS1 2t1 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. �/5/13 at So�th Lak Taho , California DATE AND PLACE IGNATURE O PERSON SI NING ON BEHALF OF OWNER �RIC SCH�FER, BO�RD PRESIDENT SOUTH TAHOE PUBLIC UTILITY DISTRICT —13— Nodce of CompleGon � � . ; ; EXHIBIT "A" Notice of Completion DIAMOND VALLEY RANCH REPLACEMENT WELL PROJECT r The site of the work: on South Tahoe Public Utility District property at 1585 Diamond Valley Road, Alpine County, CA (APN# 01-080-060). The work site is situated on the Diamond Valley Ranch, approximately 100 feet southwest of the ranch house. : The work performed: labor, equipment, and materials necessary to construct a new, complete and fully developed replacement drinking water supply well for the ranch house. The replacement well shall be drilled and completed in such a manner as to produce from all water-bearing zones of acceptable quantity and quality identified by the District to a total depth of approximately 200 feet. The final well design will be determined following examination of lithological information, down-hole geophysical logs and isolated formation water quality test results collected from the pilot hole. If the water-bearing zones are deemed to be adequate to produce the desired quantity and quality of water, a replacement well will be constructed, otherwise the pilot hole will be destroyed and work under � the contract terminated. /// /// /// � � x , ; � � �: s t z � f € # 3, s i Notice of Completion ' DIAMOND VALLEY RANCH REPLACEMENT WELL PROJECT � ; � x EXHIBIT "A" � � k � � Y- -14- € t ' � # x � r ye�gC . �sso . ware� ..�._ . out � oe ��` 1�ubf ic Utility di5trict 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-74-01 Phone 530 544-6474•Fax 530 541-0614•www.5tpud.us CERTIFICATION '�� I hereby certify that the foregoing is a fuli, 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 EI Dorado, State of California, and executed by Board President, Eric Schafer. Date Approved: Certified by: Melonie Guttry, Clerk of the Board -15- 6eneral Manager � Richard H.5olbrig �" � � � /"'1r �w�'^' � Directore � � f �� Chris Cefalu ar�f �r� JameS R.Jones `�1�*'`"' ♦ + Randy Vogelgesang ��„��j ��i��rv ��t�`� KellySheehan �� Eric Schafer 1275 M�aadcyw Cr1e�t Drive•5outh iake Tahae•CA 9C 15Q-740j t'hone 53(7 5Q•4-647�4•Fax 530 54i-06't�F•www st�ud.u� BOARD AGENDA ITEM 4c TO: Board of Directors FROM: Shannon Cotulla, Engineering Department Manager MEETING DATE: December 5, 2013 ITEM-PROJECT NAME: Revised 2013 State Streets Waterline Project REQUESTED BOARD ACTION: (1) Approve Change Order No. 1 to White Rock Construction Inc.; (2) Approve the Closeout Agreement and Release of Claims; and (3) Authorize staff to file a Notice of Completion with the EI Dorado County Clerk. DISCUSSION: Change Order No. 1 for a credit to the District in the amount$41,510.89. It addresses balancing quantities on the final pay request for this project. The itemized parts of Change Order No. 1 are as follows: (A) Decrease Bid Item 6 to adjust for work paid on time and materials basis for unknown condition from a budget of$75,000 to a final cost of$19,859.81, for a total credit to the District of$55,140.19. (B) Increase Bid Item 8a, from 3,974 LF to 4,064 LF of 8" PVC DR18 waterline (including all labor, equipment, materials and subcontractor costs) to adjust for final quantities installed. Total increase of 81 lineal feet at the rate of$80.50 per lineal foot for a total added cost of$7,245. (C) Increase Bid Item 7a, from 2,297 LF to 2,378 LF of 6" PVC DR18 waterline (including all labor, equipment, materials and subcontractor costs) to adjust for final quantities installed. Total increase of 81 lineal feet at the rate of$75 per lineal foot for a total added cost of$6,075. (D) Delete Bid Item 9, CLSM encasement for a credit to South Tahoe Public Utility District (District) in the amount of$3,000. (E) Decrease Bid Item 10 to adjust for final quantities installed, from 54- to 39-3/4" single water service installations for a total decrease of 15 units at $1,850 per unit (including all labor, equipment, materials and subcontractor) for a total credit to the District of $27,750. (F) Increase Bid Item 12 to adjust for final quantities installed from 47- to 54-1" double water service installations for a total increase of 7 units at $2,850 per unit for a total added cosfi of$19,950. -1�- 2 Shannon Cotulla Dec 5,2013 Page ' (G) Decrease Bid Item 13 to adjust for final quantities installed, from 5- to 4-2" single water service installations (including all labor, equipment, materials and subcontractor costs) for a total decrease of 1 unit at�3,250 per unit for a total credit to the District in the amount of$3,250. (H) Decrease Bid Item 14 to adjust for final quantities installed,from 75-to 62-3/4" water ' meter in landscaping (including all labor, equipment, materials and subcontractor ; costs) for a total decrease of 13 units at$1,850 per unit for a total credit to the Distr'tct in �' ;: the amount of$24,050. � � (I) Increase Bid Item 15 to adjust for final quantities installed from 65-to 82-3/4" water � meter in traffic area for a total increase of 17 units at $2,050 per unit for a total added € cost of $34,850. � ; (J) D81ete Bid Item 16, 2" water meter for a credit to the District in the amount of $13,050. 6 > (K) Delete Bid Item 30, replace curb and gutter for a credit to the District in the amount ; of$3.900. ' � (L) Increase Bid Item 31 to adjust for final quantities installed from 22,895 SF to 28,664 SF- ` � 2" Trench Patch for a total increase of 5,768 SF at$4.50 per SF for a total added cost of '; � $25,960.50. ` �" � � (M) Decrease Bid Item 32 to adjust for final quantities installed, from 80,830 SF to 80,638 � SF for 2" Mill and Overlay (including all labor, equipment, materials and subcontractor � costs) for a total decrease of 192 SF at $2.35 per SF for a total credit to the District in the amount of$451.20. � � � (N) Delete Bid Item 33, Concrete Cutoff Walls for a credit to the District in the amount of � $1,200. � € (0) Delete Bid Item 34, Paving stone replacement for a credit to the District in the � amount of $2,800. f g I (P) Delete Bid Item 35, Abandon &Salvage 2" Water Services and Valves for a credit to ; the District in the amount of$1,000. ' Staff has performed a final inspection of the project and has found that White Rock Construction, Inc. has met all contract requirements. No stop notices have been received for this project. Staff recommends approval of Change Order No. 1, approval of the project Closeout Agreement and Release of Claims, and the filing of a Notice of Completion with the EI Dorado County Clerk. -is- Shannon Cotulla Dec 5,2013 Page 3 SCHEDULE: Upon Board Approval COSTS: Credit to District for$41,510.89 ACCOUNT NO: 2029-8306/STATES BUDGETED AMOUNT AVAILABLE: $1,723,850 ATTACHMENTS: Change Order No. 1, Closeout Agreement and Release of Claims, Notice of Completion CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEf FINANCIAL OFFICER: YES NO -19- o t" rA CHANGE ORDER NUMBER 1 ..,�..� ..,,,,;�,� Project: REVISED 2013 STATE STREETS WATERLINE s "'�` REPLACEMENT PROJECT �„w!��1l50'��b�� Ununr a Contractor: White Rock Construction Inc. Date: 12.05.2013 PO #: P26628 The Contract Shail Be Changed As Follows: TOTALFORCHANGEORDERN0. 1 ISA + B + C + D + E + F + G + H + I + J + K + � + M + N + p + p - <$41,510.89> Original Contract $1,664,410.00 90 Calendar Days Previous Change Order �� Current Contract $1,664,410.00 90 Calendar Days THIS CHANGE ORDER <$41,510.89> New Contract Total $1,622,899.11 88 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 descriptlon(s). Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By A) Decrease Bid Item 6 to adjust for work paid on time and materials basis for unknown condition from a budget of$75,000 to a final cost of$19,859.81, for a total credit to the District of$55,140.19. TOTAL FOR ITEM A IS <$55,140.19> B) Increase Bid Item 8a, from 3,974 LF to 4,064 LF of 8" PVC DR18 watertine (inctuding all labor, equipment, materials and subcontractor costs) to adjust for final quantities installed. Total increase of 90 lineal feet at the rate of$80.50 per lineal foot for a total added cost of $7,245. TOTAL FOR ITEM B IS $7,245.00 1 -21- � r � p � 4 C) Increase Bid Item 7a, from 2,297 LF to 2,378 LF of 6" PVC DR18 waterline (including all § labor, equipment, materials and subcontractor costs) to adjust for final quantities installed. ; Total increase of 81 lineal feet at the rate of$75 per lineal foot for a total added cost of ` � $6,075. r� TOTAL FOR ITEM C IS $6,075.00 � � ; � � D) Delete Bid Item 9, CLSM encasement for a credit to South Tahoe Public Utility District � � (District) in the amount of$3,000. � TOTAL FOR ITEM D IS <$3,000.00> ��, � E) Decrease Bid Item 10 to adjust for final quantities installed, from 54-to 39-3/4" single � ' water service installations for a total decrease of 15 units at $1,850 per unit, (including all � ; labor, equipment, materials and subcontractor) for a total credit to the District of$27,750. � TOTAL FOR ITEM E IS <$27,750.00> � 12 to ad'ust for final uantities installed from 47- to 54-1" double water � F) Increase Bid Item � q service installations for a total increase of 7 units at$2,850 per unit for a total added cost of � $19,950. TOTAL FOR ITEM F IS $19,950.00 � ':� G) Decrease Bid Item 13 to adjust for final quantities installed, from 5-to 4-2" single water :� service installations (including all labor, equipment, materials and subcontractor costs) for a � a total decrease of 1 unit at $3,250 per unit for a total credit to the District in the amount of � $3,250. � TOTAL FOR ITEM G IS <$3,250.00> � I - € H) Decrease Bid Item 14 to adjust for final quantities installed, from 75-to 62-3/4" water � meter in landscaping (including all labor, equipment, materials and subcontractor costs) for � a total decrease of 13 unit at $1,850 per unit for a total credit to the District in the amount of ; $24,050. TOTAL FOR ITEM H IS <$24,050.00> ' I) Increase Bid Item 15 to adjust for final quantities installed from 65-to 82-3/4" water metec in traffic area for a total increase of 17 units at $2,050 per unit for a totat added cost of $34,850. TOTAL FOR ITEM I IS $34,850.00 J) Delete Bid Item 16, 2" Water Meter for a credit to South Tahoe Public Utility District (District) in the amount of$13,050. TOTAL FOR ITEM J IS <$13,050.00> K) Delete Bid Item 30, Replace Curb and Gutter for a credit to South Tahoe Public Utility District (District) in the amounf of$3,900. TOTAL FOR ITEM K IS <$3,900.00> 2 -2z- L) Increase Bid Item 31 to adjust for final quantities installed from 22,895 SF to 28,664 SF- 2" Trench Patch for a total increase of 5,769 SF at$4.50 per SF for a total added cost of _ $25,960.50. TOTAL FOR ITEM L IS $25,960.50 M) Decrease Bid Item 32 to adjust for final quantities installed, from 80,830 SF to 80,638 SF for 2" Mill and Overlay (including all labor, equipment, materials and subcontractor costs) for a total decrease of 192 SF at $2.35 per SF for a total credit to the District in the amount of $451.20. TOTAL FOR ITEM M IS <$451.20> N) Delete Bid Item 33, Concrete Cutoff Walls for a credit to South Tahoe Public Utility District (District) in the amount of$1,200. TOTAL FOR 1TEM N IS <$1,200.00> O) Delete Bid Item 34, Paving stone replacement for a credit to South Tahoe Public Utility District (District) in the amount of$2,800. TOTAL FOR ITEM O IS <$2,800.00> P) Delete Bid Item 35, Abandon & Salvage 2"Water Services and Valves for a credit to South Tahoe Public Utility District (District) in the amount of$1,000. TOTAL FOR ITEM P IS <$1,000.00> TOTALFORCHANGEORDERNO. 1 ISA + B + C + p + E + F + G + H + � + J + K + � + M + N + p + p = <$41,510.89> 3 -23- y,: CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this 5�' day of December 2013, 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 One Million Six Hundred Sixty-Four Thousand Four Hundred Ten Dollars and Zero Cents ($1,664,410.00), contract amount, and the credit to District in the amount of Forty-One Thousand Five Hundred Ten Dollars and Eighty-Nine Cents ($41,510.89) for said Contract Change Order No. 1, 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 pa�tners, 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 July 3, 2013 for Purchase Order No. P26628, DISTRICT project described as Revised 2013 State Streets Waterline Replacement Project. B. Change Order No. 1 as approved by the parties, pertaining to Purchase Order No. P26628 in which final project quantities and dollars are identified is shown in Payment Request No. 4, dated December 5, 2013. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of Purchase Order No. P26628 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 July 3, 2013 for Purchase Order No. P26628 DISTRICT project described as Revised 2013 State Streets Waterline Replacement Project. B. Change Order No. 1 as approved by the parties, pertaining to Purchase Order No. P26628 in which final project quantities and dollars are identified is shown in Payment Request No. 4, dated December 5, 2013. -25- 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 Project Specifications for Purchase Order No. P26628. ' 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 $ 83,220.50 Original Contract amount $1,664,410.00 r Total Change Order Amount $ <41,510.89> Less: Amount Previously Paid $1,539,678.61 (Request Nos. 1 through 4) Retainage $ 83,220.50 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 EI Dorado `{ County Recorder or when all liens have been released, whichever last occurs. Release pursuant to this agreement shall not apply to CONTRACTOR's rights to the presently retained '' amount until such time as such amounts are received in full by CONTRACTOR. ; 7. CONTRACTOR and DISTRICT agree that the total adjusted contract price and time of � performance for Purchase Order No. P26628 after the execution of change orders shall be as follows: � Original Contract Price $1,664,410.00 Original Calendar Days 90 Total Adjusted Price $1,622,899.11 Total Adjusted Calendar Days 0 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 forebear from commencing, instituting or prosecuting any lawsuit, action or other -26- 2 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 DATED ATTEST: MELONIE GUTTRY, CLERK OF BOARD DATED WHITE ROCK CONSTRUCTION INC. By: GEORGE McCROSKY, PRESIDENT DATED -2�- 3 $ RECORDING REQUESTED BY: South Tahce Public Utility District Attn: Heidi C. Baugh WHEN RECORDED MAIL TO: South Tahce Pubiic Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 SPACE ABOVE THIS LIN�FOR RECORDER'S USE APN: Na NOTICE OF,COMPLETION NOTICE IS HEREBY GNEN 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 Tahce Public Utility District 3. The FULL ADDRESS of the OWNER is 1275 Meadow Crest Drive,South Lake Tahce,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 FULI ADDRESSES OF THE PREDECESSORS in INTEREST of the undersigned if the properly 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 COMPLEfED on 10/18/2013. 8. The work of improvement completed is described as follows: Revised 2013 State Streets Waterline Project. 9. The NAME OF TNE ORIGINAL CONTRACTOR, if any,for such work of improvement is White Rodc Construction Inc. 10. The street address of said property is See attached Exhibit"A". 11. The property on which said work of improvement was completed is in the City of South Lake Tahce, County of EI Dorado, State of California,and is described as follows: As shown in F�chibit"A"attached hereto and made a part hereof,and commonly known as DATE: D�cember 5, 2013 SIGNATURE OF OWNER OR AGENT OF OWNER ER I C SCHAFER VERIFICATION FOR INDMDUAL OWNER: BOdI"d P1^@S1 d@Ilt f01" So. Tahoe PUD I,tlie undersigned,dedare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice,that I know and understand the eontents 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: SOUtII TdllOe PUb�1 C Uti 1 i ty Di stri ct I,the undersigned,dedare under penalty of perjury under the laws of the State of California that I am the Board Pres i dent of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof,and that the facts stated therein are true and correct. �/p�/�f113 �t Snuth I aka TahnP, CA DATE AND PLACE SIGNATURE OF PERSON SIGNING ON BEHALF OF OWNER ERIC SCHAFER, Board President for South Tahoe Public Utility District —29— Notice of Completion EXHIBIT "A" Notice of Completion Revised 2013 State Streets Waterline Repiacement Project The site of the work is located within an established residential neighborhood, in the City of South Lake Tahoe's Right of Way, in the County of EI Dorado, California. The work performed consisted of: Replacing approximately 6,200 linear feet of water main with new 8 inch and 6 inch water main and associated water services, water meters, fire hydrants, water main connections, site restoration including landscaping and paving replacement, and appurtenances. Work was conducted on Michael Drive, Washington Avenue, Oregon Avenue, California Avenue and Eloise Avenue. /// /// lll ; ; ; � { Notice of Completion , Revised 2013 State Streets Waterline Replacement Project ' EXHIBIT "A" i ; 1 3 -30- � _ � � ��g� • 1950 • wat e� ou�t a oe �._ . � . `�` �'ublic Utif ity DiStrict 1275 Meadow Crest Drive•5outh Lake Tahoe•CA 96150-7401 f'hone 530 54�4-6474•Fax 530 541-0614•www.stpud.u5 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 EI Dorado, State of California, and executed by Board President, Eric Schafer. � Date Approved: Certified by: Melonie Guttry, Clerk of the Board -31- General Manager �.,,,�� Richard H.5olbrig C� +► 'I� � /� �� /� Directors i )� Ghris Cefalu � �"'�'r�! �� James R.Jone, � if` i ' � ♦ Randy Vogelgesang ��t�./ t✓�� /��j�j Kelly 5heehan Eric Schafer 1275 Meadow Cr�t Drive•v�au�ht[ake tahae•C,A 9�'i'f50-7401 #'hone a30 54��-�a474*�x 530 541-U614•www.stpud.us BOARD AGENDA ITEM 4d TO: Board of Directors FROM: Randy Curtis, Manager of Field Operations MEETING DATE: December 5, �013 ITEM-PROJECT NAME: Purchase One Y�Ton Pickup Truck for Field Operations Pump Crew REQUESTED BOARD ACTION: Authorize purchase of one '/z ton pickup truck from the State of California competitively bid�ontract #1-12-23-20A, in the amount of$19,504.58 (includes tax and delivery). DISCUSSION: This pickup is budgeted in the current 13/14 budget year for replacement. It will be replacing Truck #30 (2007, 148,000 miles) a high mileage daily use truck used for pump station inspections and repairs. SCHEDULE: ASAP COSTS: $19,504.58 ACCOUNT NO: 1005-8415 BUDGETED AMOUNT AVAILABLE: $25,000 ATTACHMENTS: State of California bid sheet (1) CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -33- NEW FOItD F150 4X4 REGUI,AR CAg y2 TON PICKUp STATE OF CALIFpR1VIA CONTRACT#1-13-23-20A SACRAMENTO MAJOR STANDARD EQUIPAZENT $18,218.00 10 4�✓D•126"WHEELBASE,6'/Z FI'BED,3.7V6 FLEX FUEL ENGINE,6-SPEED AUTO TR,�NSMISSION WITH TOVJ Fi�1LTI.MODE,ARGENT FRONT AND REpR gTEp B[�PE�,RUBBER FLppRING, CONDPI'IONING AM/F1vI TII,T q�I�EL CRUISE CONTROL MANUAL WINDpWS,AII� AVAII,ABLE OPTIONS CHANGE TO SUPER CAB 6 h FT BED PRICE CHANGE TO CREW Cqg S.OL V8 L SIZE REpR DppRS 6'/z FT BED 3595.00 LONGBED,REGUI,qR C,�g g�SjJpER CAB 8'/z FT BED 8569.00 S.OL V8 ENGIl�TE 307.00 3.SL$E�B66�,S��R CAB,CREW CAB ONLY-N/A BASE __ 93�- --- --- - - XL PLUS-��q/CD,�,n,KEI,(P�p��q�qBLE KEY q�,LOWS SETTING TOP 1965.00 SPEED MqX,RqDiO VOLIJIvIE 424.00 BLACK TUBUI,qR RUNNING BOARDS TRAILER TOW PACKAGE 2g2,00 FOG LAMPS(REQUI�S g��,J� COR GROUP) 352.00 TAILGATE STEP 131.00 17"AI,U�M W�ELS 352.00 COMMUIVICATIONS PACKAGE(SYNC,STEERING WHEEI,Cp�ROLS 352.00 UIRES XL PLUS PACKAGE � 394.00 TRAILER BRAKE CpNTROLLER(REQTJIREg�,ER TOW PACKAGE) 216.00 POWER GROUP(POWER WIIJDpWS,DOOR LOCKS,MIRRORS) XL D COR GROUP(CHROME FRpNT&REqR BU�yg,ERS) 1079.00 DAYTIIv�RIINNING LIGHTS 107.00 SPRAY IN BEDLINER 42.00 SHOP MATTITp�I,(CD ROlvn 569.00 PARTS MANUAI,(CD ROlv� 279.00 VEHICLE qI,qRM SYSTEM W/GLASS BRE.AKqGE 258.00 E��Y�0 POWER GROUP) 395.00 KEY W/KEY FOB(REQUIItES ppWER GROUP) 78.00 UNDER3EAL CHASSIS 176.00 CRUISE CONTROL DELETE 3�� XLT PKG(INCL POWER yVIN�OWS,LOCKS,MIRRORS, �1�2.00� CLOTH SEAT,FLOOR MATS,CHROME BUMpERS,AVTO LqMps DOG L/�S, 4851.00 CHROME GRILL,AI,iJ1vIIN�JM�,y�ELS,PRIVACY GLASS,SYNC LOCKING REAR AXLE SKID PLATE 394.00 ' LEER CAMPER SHELL 150.00 PRIVACY GLASS(DEALER INSTALLED) 1578.00 � BLUETOOTH 375.00 CROSS BOX TOOLBOX-DIAMONDPLATE 495.00 , OVERHEAD MATERIAI,RACK 795.00 PACIFIC SERVICE BODY 995.00 W�1'Y EXTR'°'C�E,SYR/100,000K MILE/$0 DEDUCTIBLE(FORD ESP) 1632.00 DUWNTOWNFORD SALES PH:(91�442-6931,It?l�[:�91�491-3138 daveforbess(o�dorwn ownfodsalesomBsandra��o (��o��fordsales.com �/�S o Y. �' -35- General Manager Richard H.5olbrig � • '1� • � .` �� ' � ,�r,�� Directors � � ChriS Cefalu �r James R.JoneS a�. r e � ♦ r Randy Vogelgesang �� i�l�rv �!'�� KcllySheehan � Eric 5chafer 1275 t+Aeadaw Cr1e�t Prive�8outh l.ake Tahoe•GA 9�'15�-7401 Phorre 53t?54�#-fi474*�ax 530 541-061A�•www.�tpud.u� BOARD AGENDA ITEM 4e TO: Board of Directors FROM: Randy Curfis, Manager of Field Operations MEETING DATE: December 5, 2013 ITEM-PROJECT NAME: Purchase of One 1-'/�Ton Truck for Underground Repair, Sewer REQUESTED BOARD ACTION: Authorize purchase of one 1-'/z ton (F-450) cab and chassis truck from the State of California competitively bid contract#1-13-�3-20A, in the amount of$33,824.30 DISCUSSION: This truck will replace the current Underground Repair, Sewer plow truck and repair response vehicle.The current truck is a year 2001 and has been used for plow services to the District as well as operating as a manhole repair vehicle with power take off driven jack hammers. It has over 90,000 miles and 7,000 hours of run time. This new 1-1/2 ton truck is budgeted in the 13/14 budget. SCHEDULE: ASAP COSTS: $33,824.30 ACCOUNT NO: 1005-8315 BUDGETED AMOUNT AVAILABLE: $35,000 ATTACHMENTS: Bid sheet CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES �I�PI NO CHIEF FINANCIAL OFFICER: YES NO -37- �� " ,` f� f;=` NEW FORD F450 4X2 REG CAg/CHASSIS-DIESEL t' STATE OF CALIFORNIA CONTRACT#1-13-23-20A SACRAMENTO $32�928 00 24 LOS ANGELES $32�928 00 57 MAJOR STANDARD EQUIPMENT: 6.7L DIESEL ENGINE,AITTOMATIC TRANSMISSION,16500 GVWR,141"VVHEgLBASE(60"CA),AIR CONDITIONIIIG,AM/FM,CRUISE CONTROL,TII.,T WHEEL,VII•Tyi,SEATS,RUBBER FLOORING AVAILABLE OPTIONS CHANGE TO SUPER Cpg PRICE CHANGE TO CREW CAB 2417.00 CHANGE TO F350 DRW,13700 GVWR DIESEL 3030.00 CHANGE TO F350 SRW,10200 GVWR DIESEL 4��'� 4X4 3505.00 CHANGE WHEELBASE TO 165",84"Cq 4124.00 SPARE TIRE,WHEEI,,JACK 177.00 JACK ONLY 329.00 PTD WER TAKE OFF PROVISIO 55.00 CAB STEPS iJNNING BOARDS 263.00 ELECTRIC SHIFT ON TF�FI,y 4X4 ONL 348.00 TOW COMMAIJD_TRpILER gRqT{E CONTROLLER 174.OQ EXTRA HEAVY SERVICE SUSPENSION 216.(m XL VALUE PACKAGE-AM/FM/CD/MP3,CHROME FRONT AND REAR STEP 558.00 BUMPERS,CHROME HUB COVERS POWER GROUP-ppVVER WINDpWS,PO�R LOCKS,POWER IvIIRRORS 40/20/40 CLOTH SEAT 1036.00 BUCKET SEATS 295.00 LIMITED SLIP REAR qXi,g 576.00 DAYTIlvIE RUNNII�G LIGHTS 334.00 BLUETOOTH 42•00 SPOT LAMP AC -PII,L S OR ROOF MOUNT 495.00 SHOP SERVICE MANtTpI, CD RO 4�•� PARTS MANIJqI, CD RO 279.00 EXTRA KEY O POWER GROUP) 258.00 KEY W/KEY FOB QUIRgS ppWER GROUP) �g'� UNDERSEAL CHASSIS 176.00 VEHICLE ALARM WITg GLASS BREAI�qGg 390.00 SERVICE BODIES 395.00 KNAPHEIDE 6108D54J NON FLIP TOP PACIFTC 108402054VF 5517.00 ROYAL 40_�alpg 5596.00 HARBOR DRW TRADEM�e,STER W/STAINLESS STEEL TOPS 5746.00 CT'EC 104" 5632.00 SCELZI SB-DCR-108-9449-38-VO 6350.00 DIAMOND 22_5-38-108CT CLOSED TOP ADD$150 FOR OPEN TOP 5617.00 FLATBED 10'X 96"WOOD FLOOR 5005.00 40"SIDE STAKES 4263.00 DLTMP HOIST ELECTRIC OVER HYDRAiJI,IC-FOR FLATBED 1950.00 RUGBY 2-3 YD lOFT DUIvIl' 3904.00 RECEIVER HITCH 9420.00 FORKLIFT Lp.A�qBLE OVERHEqD M,e,TERIqI,RqCg 595.00 WARRANTY EXTRA CARE,SYR/100,0001vIII,E/$lpp DEDUCT'IBLE ORD ESP 3186.00 DOWNT'OWN FORD SALES PH:(91�442-6931,FAX:(91�491-3138 CONTACT: DAVE FORBESS-or-SANDRp SCOTT daveforbess(�downtownfordsales.com sandrascott(�downtownfordsales.com � 338ay, � -39- 6eneral Manager �.�„� Richard H.Solbrig �''� �� ' l'� �] Director5 � ��`"�, Chris Cefalu �'j �� JameS R.Jone6 �� U��t t✓ � r}^t�� !�" �I��V� Randy Vogelgesang f �*�� 1 � Kelly Sheehan £ric Schafer 1275 Meadow Cr�e�t Dr'rve•�outh take Tahoe•CA 9�15(?-74{1S ' f'hone 530 544-�6474•Fax 530 541-0614•www5tpucl.u� BOARD AGENDA ITEM 4f TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service MEETING DATE: December 5, 2013 ITEM- PROJECT NAME: Physical Connection-Time and Material Deposits REQUESTfD BOARD ACTION: Enact Ordinance No. 553-13 amending Section 3.1.49(f) of the Administrative Code regarding the deposit fee for time and material charges. Currently, the deposit is $2,000 and it is Staff's recommendation to increase it to $3,000. DISCUSSION: Currently, the Administrative Code Section 3.1.49(f) states, "The applicant shall pay to the District a charge for the physical connection to the District's water system." Currently, the District charges a $2,000 deposit and if the actual Time and Material charges are less than the $2,000 deposit then the customer will be refunded � the difference. If the charges are greater than the $2000 deposit, the customer will be billed the difference. District Staff has analyzed the average charges for time and material costs for the year 2012 and 2013. In 2012, the average time and material costs per customer were $2,776.74 and in 2013, the average costs were $3,355.56. Based on these average costs for the last 2 years, Staff recommends that the Time and Material Deposit be raised to $3,000 as an accurate reflection of the District's physical connection costs. It's always easier to return money if there is an excess then it is to ask for more if there is a deficit. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES .A NO CHIEF FINANCIAL OFFICER: YES NO -41- ORDINANCE NO. 553-13 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE SECTION 3.1.49(fl REGARDING PHYSICAL CONNECTION FEES BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: SECTION I— POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain amendments to the Administrative Code regarding the physical connection fees.. SECTION II— DEFINITIONS For the purpose of this Ordinance, the terms used herein are de�ned as follows: A. The District—The South Tahoe Public Utility District. B. The Board —The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code—The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinance of the District, and provide the public with guidelines applicable to District operations. SECTION III —FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, make the following findings: 1. The DistricYs Administrative Code provides a standard deposit for physical connections to the District's water main. This deposit is used for actual time and material costs to the District. 2. The proposed amendment is intended to incorporate a more accurate cost for time and materials directly incurred by the District as a result of installation. The proposed charges are an average cost of providing such services. 3. The Board has determined that it is in the best interest of the District's customers to adopt an ordinance amending certain provisions to the Administrative Code. SECTION IV—AMEND SECTIONS 3.1.49(fl OF THE ADMINISTRATIVE CODE Administrative Code Section 3.1.49(� is to be amended as follows: OMinance No.553-13 Physical Connection—Time and Materials Page 1 ' —43— , �: � t �. 3.1.49(fl - The applicant shall pay the District a $3000.00 deposit for the `' physical connection to the DistricYs water system. If the actual time and material =` charges are less than the $3000.00 deposit then the customer will be refunded the � difference. If the charges are greater than the $3000.00 deposit, the customer will be z billed the difference. d �' SECTION V—SEVERABILITY � � If any section, subsection, subdivision, paragraph, sentence, clause or phrase of � this Ordinance and its implementing rules and regulations is for any reason held to be �. ; unconstitutional or invalid, such decision shall not affect the validity of the remaining � ' portions of this Ordinance or the Administrative Code. The Board of Directors declares 4 and determines that it would have passed any section, subsection, subdivision, � paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and �' regulations and the Administrative Code irrespective of the fact that any one or more g: ; sections, subsections, subdivisions, paragraphs, sentences, clause or phrases may be 5 `� determined to be unconstitutional or invalid. ¢ ; � �. ,Y SECTION VI —EFFECTIVE DATE � :$ ' This Ordinance amending the above referenced section to the Administrative k Code shall take effect thirty days after its passage. � ; � PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public ` Utility District at its duly held regular meeting on the 5�'day of December 2013 by the ; following vote: � � r AYES: ,r NOES: ABSENT: � � d Eric Schafer, President � South Tahoe Public Utility District � � ATTEST: Melonie Guttry, Clerk of the Board and Ex-Officio Secretary to the Board of Directors Ordinance No.553-13 Physical Connection—Time and Materials Page 1 —44— General Manager � � t��-�� Richard H.Solbrig � �� Director5 �� ChriS Cefalu �-- James R.Joney ��`�lI �,,� Vi��f,/� �f��'��, Randy Vogelgesang Kelly Sheehan Eric 5chafer 1275 MeadDw Cr�St Driv��Sout.h LaICe 7ahoe•CA 9Fi15Q-14Q"t �'hane 53�0 5�4�4-64?4•Fax 534 54i-�14•w�vvw.s�.� BOARD AGENDA ITEM 4g TO: Board of Directors FROM: Nancy Hussmann, Human Resources Director MEETING DATE: December 5, 2013 ITEM- PROJECT NAME: Self-Insured Dental Pfan Renewal REQUESTED BOARD ACTION: (1) Approve renewal of self-insured dental plan, with a funding level of$124.78 per employee, per month, and (2) Approve Dental COBRA rates of$45.42 Single, $90.83 Employee + 1, and $154.62 Family. DISCUSSION: Staff reviewed the 2013 Dental Claims Costs, and the projection from BB&H Benefit Designs is that Dental Claims Costs will increase approximately 5%in 2014, to a total of$165,646.67. BBS�H recommends a funding level of$124.78 based on Claims and Administrative Costs for the 2014 Plan Year. This is a 5.2% increase from the 2012 rate of$118.62. This new funding level of$124.78 is still lower than the majority of dental premiums in the ACWA plan, which range from approwmately$120 to $193 per month for Family Coverage. Dental COBRA rates are expected to decrease based on several factors: (1) An increase in the employee cost sharing due to plan design changes that became effective in 2013; (2) A reduction in the dental trend; and (3) Removal of the claims fluctuation margin, which was primarily used for the Self-Insured Medical Plan projections. SCHEDULE: 12/6/13 Notify CDS Group Health, B68�H Benefit Designs, and Finance Dept COSTS: $172,560 Annual Cost ACCOUNT NO: n/a BUDGE'fED AMOUNT AVAILABLE: n/a ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES !1` 6� NO CHIEF FINANCIAL OFFICER: YES NO -45- �� ......:. , �= �� , i�so:-�+'`�� SOUTH TAHOE PUBLIC UTILITY DISTRI CT Richard Solbrig, General Manager Paul Sciuto,Assistant General Manager Eric W.Schafer, President BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Randy Vo el_ esan , Director Kelly Sheehan, Director REGULAR MEETIIdG OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT November 21,2013 MINUTES The South Tahoe Public Utility Board of Directors met in a regular session, November 21, 2013, 2:00 p.m. at the District Office located at 1275 Meadow Crest Drive, So. Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Schafer; Directors Cefalu, Jones, Vogelgesang STAFF: Baugh, Bledsoe, Cotulla, Cullen, Guttry, Henderson, Hughes, Ryan, Solbrig, Tourney, Attorney Kvistad GUESTS: Brooke Laine/Councilwoman, City of South Lake Tahoe Moved Cefalu/Second Schafer/Sheehan Absent / Passed to CONSENT CALENDAR approve the Consent Calendar as submitted: a. South Tahoe Public Utility District Medical Flexible Spending Account Reimbursement Plan-Amended the 2013 South Tahoe Public Utility District Medical Flexible Spending Account Plan allowing carry-over of$500 into a subsequent plan year. b. Association of California Water Agencies (ACWA) 2014 membership dues-Authorized 2014 membership dues renewal in the amount of$19,035. c. Water Meters- (1) Authorized exception to bidding procedures as outlined in the Purchasing Policy for a sole source purchase of standardized supplies; and (2) Authorized purchase of Sensus MXUs and meters from Western Nevada Supply in the amount of$42,000 including tax. d. Diamond Valley Ranch Replacement Well Project-Approved Change Order No. 1 to Cascade Drilling, L.P. for$450. e. Regular Board Meeting Minutes: November 7, 2013-Approved Minutes -47- � REGULAR BOARD MEETING MINUTES- November 21, 2013 PAGE-2 �. ; t ITEMS FOR BOARD ACTION # a. Staff gave an overview of the project history and updates via Approve proposal from � PowerPoint presentation. GHD for engineering a services in the amount �: N Moved Jones /Second Vo4elgesan4/Sheehan Absent / of$74,694 S: � Passed to approve the proposal from GHD for engineering � � services in the amount of$74,694. x 4 e ; b. Approve Payment of Claims in the amount of$1,174,677.46. PAYMENT OF CLAIMS ` � � Moved Cefalu /Second Vogelqesang /Sheehan Absent/ ` Passed to approve Payment of Claims in the amount of �� # $1,174,677.46. F � � � BOARD MEMBER Director Jones reported he attended the District workshop � yesterday to review capital improvement lists for prioritization. Jones REPORTS and Sciuto will attend a special executive briefing meeting � regarding water issues next week where they will have a chance to .� connect with government officials. Jones will be attending ACWA � � the first week of December. � ; President Schafer announced that a rate and capital improvement � � � public workshop is scheduled for Thursday, December 19th from 10 ` a.m. through lunch. That same day is a Finance Committee Meeting ° � E and then the regular Board Meeting at 2 p.m. Confirmed meeting ; times will be sent out soon. Hughes added the workshop will allow ' the Board to see water and sewer rate updates.This will be an open meeting and the public is invited. ' President Schafer attended the Employee Communication Committee meeting on November 14th.The 2014 Board Meeting dates have been distributed. December 5th Jones and Schafer will be absent and Cefalu will chair the Board Meeting. Schafer will be = attending a session regarding the tax implications of the affordable care act and will bring back information. Director Jones reported he and Solbrig attended the EI Dorado EL DORADO COUNTY County Water and Power authority meetings. EI Dorado Irrigation WATER AGENCY District has been trying to supplement their water rights with a PURVEYOR REPORT s�pplemental water program which has so far been denied.They have come back with a refocused supplemental that includes a price tag of$1 million annually. If approved, this would eliminate level three funding which STPUD currently receives. We will be looking to see how we can protect our rights or possibly receive a percentage of revenues which are unknown. Status update on waterline Garfinkle/TJ Maxx Building- Richard GENERAL MANAGER Solbria reported the Lukins interfie was closed and the water line REPORT switch was complete this morning. TJ Max�c4�on STPUD's system. REGULAR BOARD MEETING MINUTES- November 21, 2013 PAGE-3 California Voting Rights Act- Issue Update- Richard Solbria gave a GENERAL MANAGER_ brief overview of the Voting Rights Act as it pertains to water REPORT �Continued� agencies. Richard Solbria further reported the District received a Tentative Board Order to amend waste discharge requirements for both the District and Sorensen's on November 19th.The District has until December 20th to comment. President Schafer requested a response be sent under his signature regarding the relaxed standards. Richard Solbria announced he is scheduled for television and radio interviews next week to promote the December 19+h public workshop. No reports STAFF/ATfORNEY REPORTS ADJOURNMENT TO 2:50 P.M. CLOSED SESSION RECONVENED TO OPEN 4:20 p.m. SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION 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 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. 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. d. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel Anticipated Litigation (one potential case). No reportable Board action. ; -49- REGULAR BOARD MEETING MINUTES-November 21,2013 PAGE-4 4:20 PM ADJOURNMENT Eric W. Schafer, Board President ATTEST: South Tahoe Public Utility District Melonie Guttry, Clerk of the Board South Tahoe Public Utility District i ; ' -50- PAYMENT OF CLAIMS FOR APPROVAL December 5, 2013 Payroll 11/26/13 430,317.16 Total Payroll , 430,317.16 , ADP & Insight eTools 0.00 AFLAC/WageWorks-claim payments and fees 695.95 American Express 4,187.19 �BV� Compass Bank 0.00 BHFS legat services 0.00 CDS-health care payments 20 415.96 Union Bank ' 0.00 Total Vendor EFT 25,299.10 Accounts Payable Checks-Sewer Fund 256 624.71 , Accounts Payable Checks-Water Fund 119,671.13 Accounts Payable Checks-Self-funded Insurance 0.00 Accounts Payable Checks-Grants Fund 0.00 Total Accounts Payable 376,295.84 Grand Total 831,912.10 Pavroll EFTs � Checks 11/26/13 EFT CA Employmen# Taxes & W/H 16,342.53 EFT Federal Employment Taxes & W/H 87,623.07 EFT CaIPERS Contributions 80,517.31 EFT Great West Deferred Comp 21,278.20 EFT Stationary Engineers Union Dues 2,398.58 EFT Retirement Health Savings 0.00 EFT United Way Contributions 140.00 EFT Employee Direct Deposits 214,878.57 CHK Employee Garnishments 1,273.83 CHK Employee Paychecks 5,865.07 Total 430,317.16 -51- s i: q � � � � � � � � � � s. � r! 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"�"'" • • Randy Vogelgesang ��/ V�� L/� ,� ��jr��j� Kelly Sheehan �� Eric Schafer 1275 Meadow Gt�t Drive�South Lake 7ahoe•CA 9C�150-74{n 1'fwne 534 54�4-6474•�ax 530�41-()F1�F•www.�xpud.u� BOARD AGENDA ITEM 12a TO: Board of Directors FROM: Tim Bledsoe, Customer Service Manager MEETING DATE: December 5, 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 litigatPon: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT AVAILABIE: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES /d Np CHIEf FINANCIAL OFFICER: YES NO -61- 6eneral Manager �� Richard H.5olbrig � °'� ��'�� /� f� t �� Directors /'f �� Ghris Cefalu ,"' �� James R.Jones ''�'r" {��(�� y„� RandyVogelgesang j ( � ��'�� Kelly Sheehan Eric 5chafer 1275 Meadau�Cr�t Driv�•South Lake Tahoe•CA 96150-7�1 Phone 530 54�#-647Q�•f�x 53E)5�-1-0614•www.stpud.u� � BOARD AGENDA ITEM 12b TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/�Engineer MEETING DATE: December 5, 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 5tates 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 AVAILABLE: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Wpter GENERAL MANAGER: YES /R/ NO CHIEF FINANCIAL OFFICER: YES NO -63- General Manager Richard H.5olbrig ---•, ,,�g • � • � Directors a�,— �_�' /'�'� ! j� � Chris Cefalu `�� `�j � Jame6 R.Jones � �� Randy Vogelgesang .�� t�t�` , ��•„�� KellySheehan l l �1 T' Eric Schafer 1275 MeadawCt�e�t Rrive•�outh lake Tahoe•CA�150-7401 Phone 53C)�-69-74•Fax 53Q 5q-1-0614•www.stpucf.u5 BOARD AGENDA ITEM � 2c TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: December 5, 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 AVAILABLE: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Wpter GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO -65- 6cneral Manager Richard H.5olbrig • • v,_ Directore �' `r� ChriS Cefalu �� h James R.Jones wr � � �� Randy Vogelgesang �"� �� ( t��f�` , (""1�� KellySheehan l.� t i� 1,�,� Eric Schafer 12�MeadowCr+�t Dri�•South lake Tahoe•�'A 9�61 50-7401 i'F�ne 530 5446474•Fax 530 541-0614•www.stpud.us BOARD AGENDA ITEM 12d TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: December 5, 2013 ITEM-PROJECT NAME: Conference with Legal Counsel- Potential Litigation REQUESTED BOARD ACTION: Direct Staff DISCUSSION: Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel Anticipa#ed Litigation (one potential case). SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -67-