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District Board Agenda Packet April 20, 2017
.1950 SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, April 20, 2017 - 2:00 p.m. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California Richard Solbrig, General Manager Shannon Cotulla, Assistant General Manager Randy Vogelgesang, President BOARD MEMBERS Kelly Sheehan, Vice President Chris Cefalu, Director James R. Jones. Director Duane Wallace, Director l . 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 1 ACTION 6. ITEMS FOR BOARD ACTION a. Grant of Easement to the California Tahoe Conservancy (John Thiel, Engineering Department Manager) 1) Approve the Grant of Easement from the South Tahoe Public Utility District to the California Tahoe Conservancy for bike trail installation and maintenance, and 2) Authorize the Board President and Clerk of the Board to execute the Grant of Easement, contingent upon the California Tahoe Conservancy granting an Easement to South Tahoe Public Utility District for parking and snow storage. b. Grant of Easement to the South Tahoe Public Utility District (John Thiel, Engineering Department Manager) Approve the Grant of Easement for fencing and snow storage from the California Tahoe Conservancy to South Tahoe Public Utility District and authorize the Board President and Clerk of the Board to execute the Grant of Easement, and for the Clerk of the Board to execute the Certificate of Acceptance after execution by the California Tahoe Conservancy. REGULAR BOARD MEETING AGENDA - April 20, 2017 PAGE - 2 C. Approve Payment of Claims (Debbie Henderson, Accounting Manager) Approve Payment of Claims in the amount of $955,648.08 7. STANDING AND AD-HOC COMMITTEE REPORTS (Discussions may take place; however, no action will be taken.) 8. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 9. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT a. Sustainable Groundwater Management Act 10. GENERAL MANAGER REPORT (Discussion may take place; however, no action will be taken.) a. Ad -Hoc City Council Committee Update 11. STAFFIATTORNEY REPORTS (Discussions may take place; however, no action will be taken.) a. Permanent Water Conservation Update b. Lake Valley Fire Station 12. NOTICE OF PAST AND FUTURE MEETINGSIEVENTS Past Meetings/Events 04/06/17 - 2:00 p.m. Regular Board Meeting at the District 04/17/17 - Operations Committee Meeting at the District Future Meetings/Events 05/04/17 - Martin Luther King Holiday - District Office Closed 05/04/17 - 6:00 p.m. Budget Workshop at the District 13. 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 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. b. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with Stationary Engineers, Local 39. Present at this Closed Session will be Agency Negotiators: Richard Solbrig/General Manager, Paul Hughes, Chief Financial Officer, and Shannon Cotulla, Assistant General Manager. C. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with the Management Group. Present at this Closed Session will be Agency Negotiators: Richard Solbrig/General Manager; Paul Hughes, Chief Financial Officer; and Shannon Cotulla, Assistant General Manager. REGULAR BOARD MEETING AGENDA - April 20, 2017 ADJOURNMENT (The next Regular Board Meeting is Thursday, May 4, 2017, at 2:00 p.m.) 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 is available for review at the meeting and at the District office during the hours of 8:00 a.m. and 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 the Agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear. 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 materials 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. REGULAR BOARD MEETING AGENDA - April 20, 2017 _ t �R� oyer 1950 ' Na�A� SOUTH TAHOE PUBLIC UTILITY DISTRICT CONSENT CALENDAR April 20, 2017 ITEMS PAGE - 4 a. CATTLE GRAZING PERMIT 2017 - DIAMOND VALLEY RANCH (Jim Hilton, Water Reuse Manager and Linda Brown, Purchasing Agent) Award contract to the highest responsive, responsible bidder, Mission Livestock Management, in the monthly amount of $18,500, for the 2017 Cattle Grazing Permit for Diamond Valley Ranch. b. REVISED AUTHORIZING RESOLUTION NO. 3053-17 FOR THE WATERLINE REPLACEMENT PROGRAM (Lynn Nolan, Grants Coordinator) Adopt revised Authorizing Resolution No. 3053-17 for the Waterline Replacement Program C. WATER SYSTEM RELIABILITY, FIRE FLOW, AND WATER QUALITY IMPROVEMENT PROJECT (Steve Caswell, Senior Engineer) Approve Amendment A to existing Task Order No. 4 for West Yost Associates for additional services in an amount not to exceed $27,200. d. EMERGENCY GENERATOR REPLACEMENT PROJECT MEMORANDUM OF UNDERSTANDING WITH LIBERTY UTILITIES (Stephen Caswell, Senior Engineer) Approve Memorandum of Understanding between Liberty Utilities and South Tahoe Public Utility District regarding electrical capacity at the District's Wastewater Treatment Plant and approve payment to Liberty Utilities in the amount of $13,432, for construction of a new electric meter. e. 2015 LUTHER PASS POWER AND CONTROL PROJECT (Julie Ryan, Principal Engineer) Approve Change Order No. 6 to Thomas Haen Company in the amount $14,342.90. f. 2017 FIRE HYDRANT SERVICE EXPANSION PROJECT MATERIALS (Julie Ryan, Principal Engineer and Linda Brown, Purchasing Agent) 1) Find lowest bid from Ferguson Waterworks to be non-responsive to bid specifications and conditions, and reject on that basis; 2) Award bid to the lowest, responsive, responsible bidder, Capital Flow, in the amount of $45,351.97. g. REGULAR BOARD MEETING MINUTES: April 6, 2017 (Melonie Guttry, Executive Services Manager/Clerk of the Board) Approve April 6, 2017, Minutes • TO: FROM: South Tahoe �) Public Utility District MEETING DATE: ITEM - PROJECT NAME: General Manager Richard H. 5olbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan Duane Wallace 1275 Meadow Crest Drive • South Lake Tahoe o CA 96150-7401 Phone 530 544-6474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 4a Board of Directors Jim Hilton, Water Reuse Manager Linda Brown, Purchasing Agent April 20, 2017 Cattle Grazing Permit 2017 - Diamond Valley Ranch REQUESTED BOARD ACTION: Award contract to the highest responsive, responsible bidder, Mission Livestock Management, in the monthly amount of $18,500, for the 2017 Cattle Grazing Permit for Diamond Valley Ranch. DISCUSSION: The Invitation for Proposals was advertised on March 7, 2017, and mailed to 14 addresses. Two Proposals were opened on April 4 for the 2017 five-month contract: Mission Livestock Management $18,500 Guy Norcutt $16,120 Staff recommends awarding the contract to the highest responsive, responsible bidder, Mission Livestock Management in the amount of $18,500. SCHEDULE: May 15, 2017 through October 15, 2017 REVENUE: $92,500 ACCOUNT NO: 1000-3514 BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: N/A CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES&JUNO CHIEF FINANCIAL OFFICER: YES_ NO General Manager Richard H. 5olbrig .� Tahoe 5outh Directors Chris Cefalu James R. Jones •Wt� Randy vogelgesang Public, Utility District Kelly Sheehan 1275 Meadow Crest Drive • 5outh Lake Tahoe • CA 96150-7401 Phone 530 5446474 • Fax 530 541-0614 • www.5tpud.us BOARD AGENDA ITEM 4b TO: Board of Directors FROM: Lynn Nolan, Grants Coordinator MEETING DATE: April 20, 2017 ITEM - PROJECT NAME: Revised Authorizing Resolution No. 3053-17 for the Waterline Replacement Program REQUESTED BOARD ACTION: Adopt revised Authorizing Resolution No. 3053-17 for the Waterline Replacement Program DISCUSSION: The State Water Resources Control Board (SWRCB) has requested the District revise the original Authorizing Resolution submitted with the application for the Drinking Water State Revolving Funding. SWRCB requested that we add the term "Authorized Representative" to the Authorizing Resolution. SCHEDULE: TBD COSTS: N/A ACCOUNT NO: BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: Resolution CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES W CHIEF FINANCIAL OFFICER: YES PJRA— ILT[4pj NO -3- CATEGORY: Water 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 3053-17 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AUTHORIZING WATERLINE REPLACEMENT PROGRAM WHEREAS, a determination has been made to seek funding to implement a water infrastructure improvement project, NOW, THEREFOR BE IT RESOLVED by the Board of Directors of the South Tahoe Public Utility District (the "Entity"), as follows: The General Manager, Assistant General Manager and/or the Chief Financial Officer (the "Authorized Representative") or their designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the Waterline Replacement Program. The Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto. The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifying disbursements requests on behalf of the Entity and compliance with applicable state and federal laws. WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution No. 3053-17 was duly and regularly.adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting held on the 20th I day of April, 2017, by the following vote: AYES: NOES: (ABSENT: -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ATTEST: Melonie Guttry, Clerk of the Board South Tahoe Public Utility District Resolution No. 3053-17 Page 2 April 20, 2017 -6- Randy Vogelgesang, Board President South Tahoe Public Utility District South Tahoe L) i 5tri Ct General Manager Richard H. 5olbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly Sheehan Duane Wallace 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150-7401 Phone 530 544-6474 - Fax 530 541-0614 ° www.5tpud.u5 BOARD AGENDA ITEM 4c TO: Board of Directors FROM: Stephen Caswell, Senior Engineer MEETING DATE: April 20, 2017 ITEM - PROJECT NAME: Water System Reliability, Fire Flow, and Water Quality Improvement Project REQUESTED BOARD ACTION: Approve Amendment A to existing Task Order No. 4 for West Yost Associates for additional services in an amount not to exceed $27,200. DISCUSSION: In December 2015, the Board approved a Task Order to West Yost Associates (WYA) to complete an evaluation of the District's water system to address reliability, fire flow, and water quality improvements. The effort to date on this project has been focused on water system improvements needed to address fire flow. WYA has delivered a draft Technical Memorandum (TM) that identifies locations that do not meet fire flow requirements, locations where additional hydrants are needed to meet spacing requirements, the projects needed to address these issues, and planning level cost estimates for each project. The District has provided comments to WYA and requested more detail in the recommendations, particularly for the Stateline pressure zone. The results of this evaluation will be used in conjunction with the Water System Optimization Plan and the Undersized Water Main Replacement Program to prioritize future water system improvements and identify a significant portion of future water system Capital Improvement Programs. Unfortunately, the effort to date has expended the budget authorized in Task Order No. 4. Reasons for the additional funds include incorporation of the Keller -Heavenly project proposed improvements, additional data analysis requests from the District, and personnel changes for both WYA and the District. To complete the TM and adequately address all District comments, WYA has requested an additional $27,200, as outlined in the attached Budget Augmentation Request. -7- The work to date and the Budget Augmentation Request are funded through the use of EI Dorado County Water Agency (EDCWA) funds and will be completed by the end of the fiscal year (June 30, 2017). EDCWA requires that its portion of the project budget be utilized by consultants and not District staff time. The District can, and does, use its own staff time towards the match component. Staff recommends that the Board approve Amendment A to existing Task Order No. 4 for WYA in the amount of $27,200, for additional services on the Water System Reliability, Fire Flow, and Water Quality Improvement Project. SCHEDULE: By June 30, 2017 COSTS: $27,200 ACCOUNT NO: 2029-4405 BUDGETED AMOUNT AVAILABLE: <$272,959> ATTACHMENTS: WYA scope and fee CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES NO NO CATEGORY: Sewer/Water WEST va5r kAMPAO ASSOC FATES Considtmg Bnghwe,s March 22, 2017 Mr. Stephen Caswell Senior Engineer South Tahoe Public Utilities District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Project No.: 489-12-16-04 SENT VIA: EMAIL SUBJECT: Water System Reliability, Fire Flow, and Water Quality Improvement Project— Budget Augmentation Request Dear Steve: West Yost Associates (West Yost) is nearing completion of the South Tahoe Public Utility District's (District's) Water System Reliability, Fire Flow, and Water Quality Improvement Project. As you know, Task 1 of our scope of services has taken significantly more effort and time than originally anticipated, and we have diverted most of our effort and budget to completing this task. With a draft of the technical memorandum submitted to the District, for your review, we feel now would be the appropriate time to discuss the remaining tasks and to request a budget augmentation. In our recent discussions with you we understand the District is only interested in completing Task 1 - System Fire Flow Evaluation and that Task 2 - Valve Criticality Evaluation, Task 3 - Christmas Valley Zone Unidirectional Flushing (UDF) Plan and Task 4 - GIS Integration and Model Update are completed as far as the District wants to take them. The District is also interested in one additional task, Task 6 – Additional Evaluation of Stateline Pressure Zone. The scope of services for the additional task are further described below. Task 1 – System Fire Flow Evaluation Based on the comments we received from the District on the draft technical memorandum for the System Fire Flow Evaluation, there is significant effort to address them. We have reviewed all the comments and have started to address the straightforward ones, but have also estimated the level of effort to address some of the more significant issues. The final work product for this task will one electronic copy submitted to the District. West Yost is not assuming any paper copies this document will be required. Task 6 – Additional Evaluation of Stateline Pressure Zone Under Task 6, West Yost will provide a more detailed evaluation of the potential solution to address the fire flow issues in the Stateline pressure zone. This will not be just to replace all the undersized (less than 6 -inch diameter) pipelines. West Yost will evaluate a more networked distribution system that will develop the minimum amount of replacement pipeline while meeting 2020 Research Park Drive, Suite 100 Davis, CA 95618 Phone 530 756-5905 Fax 530 756-5991 westyost.com -9- Mr. Stephen Caswell March 22, 2017 Page 2 the minimum fire flow requirement in the pressure zone. The results of this evaluation will be integrated into the Final System Fire Flow Evaluation TM. We have expended the budget in the original contract and to deliver the best quality work product for the District, we request an amendment to the original contract budget. Table 1 summarizes the total requested budget augmentation. Task 1 Table 1. Requested Budget Augmentation Origlinal Expended Budget.-• Task Name dollars Dollars System Fire Flow Evaluation 36,800 85,548 -. Budget, dollars 10,500 2 Valve Criticality Evaluation 16,800 852 0 3 Christmas Valley Zone UDF Plan 15,000 0 0 4 GIS Integration and Model Update 17,800 0 0 5 Project Management and Meetings 10,000 10,000 0 6 Additional Evaluation of Stateline PZ 0 0 16,700 Total Budgets 96,400 96,400 27,200 Total Budget Augmentation Request $27,200 The above budget augmentation would increase the authorized budget from $96,400 to $123,600. Please do not hesitate to call if you have any questions. Sincerely, WEST YOST ASSOCIATES (1110a 4i Charles Duncan President RCE #55498 CTD:LH WEST YOST ASSOCIATES n\c\489\12-16-04\PM\030517 WSR budget aug -10- South Tahoe Public, Utility District General Manager Richard H. 5olbrig Directors Chris Cefalu James K. Jones Randy Vogelgesang Kelly Sheehan Duane Wallace 1275 Meadow Crest Drive ° South Lake Tahoe e CA 96150-7401 Phone 530 544-6474 - Fax 530 541-0614 a www.5tpu61.u5 BOARD AGENDA ITEM 4d TO: Board of Directors FROM: Stephen Caswell, Senior Engineer MEETING DATE: April 20, 2017 ITEM - PROJECT NAME: Emergency Generator Replacement Project Memorandum of Understanding with Liberty Utilities REQUESTED BOARD ACTION: Approve Memorandum of Understanding between Liberty Utilities and South Tahoe Public Utility District regarding electrical capacity at the District's Wastewater Treatment Plant and approve payment to Liberty Utilities in the amount of $13,432, for construction of a new electric meter. DISCUSSION: As part of the Emergency Generator Replacement Project (project), South Tahoe Public Utility District (District) is replacing the main switchgear at the treatment plant that includes the incoming utility power meter from Liberty Utilities (Liberty). As part of the project, the District submitted an application to Liberty to coordinate these changes. During review of the District's application, Liberty discovered that the existing electrical lateral has an ampacity of 175amp and the distribution line feeding this lateral has an ampacity of 550amp. The District's existing and proposed switchgear have trip settings of 600amp. All facilities have been in use for decades without incident and have significant capacity remaining. Liberty's facilities are currently protected from electrical faults at the District's Waste Water Treatment Plant (WWTP) by fuses at the riser that feed the existing switchgear. These fuses can carry approximately 120amp of load before melting. Based on Liberty and District personnel's experience, these fuses have not melted under operational loads. Liberty also consulted billing statements for the WWTP and is confident that the existing facilities are adequate to supply existing loads as well as the small increase needed for the project. Because of the new switchgear ratings, Liberty has requested the District sign the attached Memorandum of Understanding (MOU) which documents the existing facility limitations and the responsibility of each party should the District apply for any future load increase that would exceed current capacities. -11- During coordination with Liberty, it was determined that relocating the incoming electricity meter to a new pole mounted location would be beneficial to both the District and Liberty. Liberty has estimated that construction of these improvements will cost $27,915 and has granted the District a construction allowance of $16,425. The remaining $11,490 plus the Federal Tax Gross Up of 16.9%, or $1,942, means the District must pay Liberty $13,432 in advance of this work being completed. Staff recommends the Board approve the MOU between Liberty Utilities and South Tahoe Public Utility District regarding electrical capacity at the District's Wastewater Treatment Plant, and approve payment to Liberty in the amount of $13,432 for relocation of the Wastewater Treatment Plant electric utility meter. SCHEDULE: As soon as possible COSTS: $13,432 ACCOUNT NO: 1029-8629 / 13SO19 BUDGETED AMOUNT AVAILABLE: $1,316,851 ATTACHMENTS: MOU between Liberty Utilities and South Tahoe Public Utility District, Utility Facility Agreement CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -12- CATEGORY: Sewer/Water MEMORANDUM OF UNDERSTANDING FIRST PARTY: LIBERTY UTILITIES SECOND PARTY: SOUTH TAHOE PUBLIC UTILITIES DISTICT SUBJECT: ELECTRICAL CAPACITY AT 1275 MEADOWCREST DR. PUMP STATION DATE: MARCH 21, 2017 CC: JEFF MATTHEWS This Memorandum of Understanding ("Memorandum"), executed on by and between Liberty Utilities ("Liberty") and South Tahoe Public Utilities District ("District"), is established for the purpose of defining the maximum electrical capacity at the District pump station ("Station") located at 1275 Meadowcrest Drive (Liberty Utilities account number 88543992-88143558). Back,, ound The Meyers 3500 distribution line is constructed with 397.5AA conductor having an ampacity of 550A. The lateral off of the Meyers 3500 line that feeds the Station is constructed with #2ACSR conductor having an ampacity of 175A. The mainline and lateral have been in use for decades and the mainline is currently loaded at less than 60% of the ampacity limits of the conductor. On 11/9/16 the District applied to Liberty for main switch gear replacement associated with their waste water treatment plant emergency generator replacement project. The proposed panel size listed on the application is 1,200A at 14.4kV. Further discussion with District representative HDR, Inc. revealed that the new main breaker will be 1,200A frame, with a 600A trip point. The only new electrical load being installed on this project is a 600HP variable frequency drive motor and 30kW in load for the new generator building. The proposed trip for the new Station main breaker exceeds the ampacity limit for the Meyers 3500 line by itself, before considering any other customers on the line. It also exceeds the ampacity limit of the lateral that currently supplies the Station by 425A. Liberty is currently protected from Station electrical faults by 65T fuses at the riser which feeds the existing main switchgear. These 65T fuses can carry approximately 120A of load before melting. They have not melted under operational (no-fault) Station load in the experience of Liberty or District personnel interviewed in 2016. This, combined with analysis of billing statements for the Station, suggest that the existing Liberty facilities are adequate to supply existing Station loads in addition to those proposed with the 11/9/16 application. Agteemcnt Whereas, the District would like to proceed with the planned switchgear replacement at 600A; And whereas, the existing Liberty facilities serving the Station are not capable of supplying 600A of load at 14.4kV; And whereas, the existing load and planned load increase known to Liberty as of the date of this agreement appears to be within the capacity of the existing Liberty facilities serving the Station; -13- Therefore, Liberty agrees to allow the installation of the 600A main breaker without requiring the District to pay for upgrades to the Meyers 3500 line at this time, subject to the following conditions: 1) The District agrees and understands that Liberty will not supply 600A per phase at 14.4kV to the Station. The current that will be supplied by Liberty is limited by the 65T protective fuses, and is substantially less than the 600A trip point of the proposed main breaker. 2) The District agrees and understands that Liberty will continue to use 65T fuses to protect its facilities from Station electrical faults or excessive loads. 3) The District will provide an application to Liberty prior to any future Station load increase or modification. If the proposed Station load increase or modification will require an extension or alteration of Liberty facilities, that extension or alteration will be performed according to the provisions of Rule 15 as then approved by the California Public Utilities Commission. 4) The District will hold Liberty harmless for any and all losses or damages incurred related to Station load above the capability of the 65T protective fusing. Term This Memorandum shall continue from the executed date into perpetuity. Amendment or Cancellation This Memorandum may be amended or modified at any time in writing by mutual consent of both Liberty and the District. In addition, this Memorandum may be cancelled by either party with 30 days advance written notice. Should the Memorandum be cancelled, the District will be required to change the trip point of its main breaker to not more than 120A at 14.4kV. The trip point change will not be required in the event that the District previously applied for facility upgrades and those upgrades have been constructed by Liberty, allowing the District full use of their main breaker capacity. Liberty Utilities: Name Title Date -14- South Tahoe Public Utilities District: Name Title Date DCS# 8800-0000-04-06-24 STANDARD FORM Utility Facility Agreement Form No. 98-2763 UTILITY FACILITY AGREEMENT AGREEMENT* 8800-0116-9024 THIS AGREEMENT is entered into this —day of , 20_, by and between LIBERTY UTLITIES (CALPECO ELECTRIC) LLC ("Liberty'), a California corporation, 933 Eloise Avenue, South Lake Tahoe, California 96150 and South Tahoe Public Utilities District STPUD . ("Applicant"). Applicant desires electric service for 1 unit(s) at the following location(s): 1275 Meadow Crest Dr., South Lake Tahoe, CA 96150 hereinafter referred to as ("Project'). To provide the requested service, it is necessary for Liberty to extend and/or modify its facilities as described in Exhibit "A" attached horotc Now THEREFORE, for good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: I. APPLICANT'S REFUNDABLE & NON-REFUNDABLE COST RESPONSIBILITY, APPLICANT CREDITS AND BASE DATA: LINE # DESCRIPTION ELECTRIC REFUNDABLE 1 COST $ 27,915 2 CONSTRUCTION ALLOWANCE ($ 16,425 ] 3 TAXABLE TOTAL (Line 1 minus Line 2) $ 11,490 4 TAX LIABILITY ON TAXABLE TOTAL (Line 3) $ 1,942 5 TOTAL REFUNDABLE $ 13,432 NON-REFUNDABLE 6 NON-TAXABLE COST $ 0 7 TAXABLE COST $ 0 8 TAX LIABILITY ON TAXABLE COST (Line 7) $ 0- 9 TAX LIABILITY ON CONTRIBUTED FACILITIES (Line 20) $ 0 10 TOTAL NON-REFUNDABLE (Lines 6+7+8+9) $ 0 11 TOTAL APPLICANT COST (Lines 5 plus 10) $ 13,432 APPLICANT CREDITS 12 APPLICANT INSTALLED FACILITIES ($ 0 ) 13 OVERSIZED FACILITIES/ENGINEERING ADVANCE ($ 0 } 14 SERVICE REIMBURSEMENTS $ 0- 15 TOTAL CREDITS ($ 0 ) 16 TOTAL ADVANCE/CREDIT DUE (Lines 11 plus 15) $ 13,432 BASE DATA USED IN CALCULATIONS 17 TAX LIABILITY FACTOR 16,9% 18 PROJECTED ANNUAL REVENUE $ 6,570 19 REVENUE MULTIPLE 2.5 20 VALUE OF CONTRIBUTED FACILITIES $ 0 -15- TOTAL COST (Section I, Line 1 plus Lines 6 & 7) The total cost for which Applicant is liable, shall be Liberty's estimated cost, refundable and non-refundabie, to provide the requested service. Liberty's estimate includes all costs associated with providing the requested service hereunder and shall include all regulatory, environmental and other fees, engineering, inspection, material, labor, transportalion, costs for removal of existing facilities less their salvage value, associated overheads and other charges which are related to the installation or alteration of the required facilities. TOTAL ADVANCE/CREDIT DUE (Section I, Line 16) A. Applicant agrees to pay Liberty's total estimated cost for which the Applicant is liable (Section I, Line 1 plus Lines 6 & 7). Less any applicable free allowance (Section I, Line 2) as determined by Liberty for the Project. Plus Tax Liability (Section I, Lines 4, 8, & 9). Less the estimated cost of the facilities, provided and installed by Applicant, inclusive of facilities oversized at Liberty's request (Section I, Lines 12 & 13). Less the estimated cost of the service(s) provided by Applicant, that is Liberty's cost responsibility (Section I, Line 14). This cost will be adjusted to actual installed footages upon project completion, and Applicant will be billed or refunded the difference. Applicant agrees to pay, at the time of the execulian of this Agreement, the amount(s) set forth hereunder (5eciion I, Line 16) or to provide an acceplable surety bond or letter of credil. The bond or letter of credit is to be replaced with cash not less than thi, ty (30) days prior to construction. However, the cost of materials not normally stocked by Liberty in the type and quantity required shall be pair: for in cash, prior to the ordering of such materials. If the total due (Section I, Line 16) is a credit due Applicant, Liberty requires that a performance bond for that amount, plus Liberty's project costs and the federal tax credit, be collecled prior to issuing a check. Applicant may elect to take payment upon completion and acceptance of the installation of the facilities and eliminate the requirement for a performance bond. B. If the total estimated cost of construction to extend the line(s) and/or main(s) to the project exceeds $5,000, the cash advance/credit in Section I, LEr:o 16 will be adjusted to reflect Libertys actual cost of construction. The adjustment is limited to that portion of the ictal cast of the mainlline extension pertaining to facilities installed by Liberty. The cost of those facilities Enslalled by Appiicant will not be adjusted. Liberty shall review its actual cost of construction within four (4) months of c�ornplellon of said facilities and shall either bill or refund Applicant the difference between the total estimated cash advance/credit and the adjusted cash advance/credit. If such adjustment results in an increased total cash advance requirement, Applicant agrees to pay Liberty such difference within thirty (30) days of written notice. C. If al any time atter twelve ('12) months following the date of this Agreement there has been no construction activity on the electric facilities by the Applicant for a period of six (6) months, Liberty shall not be held to the provisions of this Agreement. LEberty may return all advanced dollars not required to cover Liberty's expenditures an the project. To reinstate the project, a new Agreement will be required with updated costs. IV. FREE ALLOWANCES The free allowance is calculated on the projected annual revenue and the revenue multiples in Section I, Lines 18 & 19, The projected annual revenue will include only the revenue from monthly billings for basic service, excluding balancing account adjustments, late charges, and tax adjustments. Should actual revenues fall substantially short of the projected revenue used for the free allowance granted, the customer may he required to pay to Liberty In cash any portion of the frea allowance granted but not tustif ed by actual revenues. Such payment will be increased by the tax !lability factor noted in Section I. Line 17. The payment shall be made within 30 days of written notification of the revenue deficiency and request for payment by Liberty. —16— V. REFUNDS (Section I, Line 5) A. ELECTRIC EXTENSIONS 1. All advances and/or contributions made by Applicant under the provisions of this Agreement, which are not classified as a non-refundable by Liberty, shall be subject to refund, to the party or parties entitled thereto as set forth in this section. (a) Except as indicated in Section V.A.1(b) of this Agreement, all refunds shall be made without interest. (b) Refunds based on estimated usage levels shall be paid by the utility within ninety (90) days of the date service is initiated. In the event that refunds are not paid in accordance with this section, Liberty shall pay interest for the period the refund is delayed at the rate currently specified in its Tariffs. (c) Refunds hereunder shall be made for new customer connections during the period not to exceed ten (10) years after the date of this Agreement. (d) Except for refunds from customer connections made within ten (10) years of the date of this Agreement, any portion of the advance which remains unrefunded ten (10) years after the date of this Agreement, will be forfeited by Applicant and becomes the property of Liberty. 2. Refunding will be based on revenues in excess of the level used as the basis for determining free allowance, derived from the following customers, who initiate service within ten (10) years of the date of this Agreement. (a) Those served directly from the subject extension or alteration, as long as subject extension or alteration is the first in a series from the original point of supply for which a portion of an advance remains refundable. (b) Those served from subsequent extensions of or additions to the original extension. Refunds based on revenues in this section shall be made to the Applicant having the first extension in series from the original point of supply, for which a portion of an advance remains refundable. 3. The following provisions apply to the refunding process. (a) In those cases where two or more parties make a joint advance/contribution on the same extension, Liberty shall distribute refundable amounts to such parties in the same proportion as their individual advance/contribution bear to the joint refundable total, unless otherwise directed by all parties. (b) Refundable amounts may be accumulated before refunding to twenty-five dollars ($25.00) minimum orto a total refundable balance if less than twenty-five dollars ($25.00). (c) The total amount refunded hereunder shall not exceed the total amount subject to refund (Section I, Line 5) W. TAX GROSS UP All applicable Applicant costs, cost adjustments and refunds will be increased to reflect the appropriate tax liability factor indicated in Section I, Line 17, —17— VII. MISCELLANEOUS A. This Agreement has been made by Liberty pursuant to its rules and regulations goveming ail matters contained herein, filed with and approved by the Public Utilities Commission of the State of California, and this Agreement is subject to any changes or modlficaWns by the Public Utilibes Commission of the State of California, as said Commission may from time to time direct in the exercise of its jurisdiction. B. All facilities constructed hereunder shall become property owned, maintained, and controlled by Liberty. C. The parties agree and understand that Applicant is not in any way an agent, representative, employes, or contractor of Liberty during the installation of facilities required hereunder, and Applicant agrees to Indemnify and save harmless Liberty from any and all claims which are a result of, or arise out of, construction activities including, but not limited to, trenching and backfill undertaken by Applicant in accordance with this Agreement. D. Applicant agrees that It will grant, or if not the owner, represents that the owner will grant and execute, to and in favor of Liberty, all necessary easements, conveyances, deeds, rights -0 -way, or other documents required or relating in any faction to the placement, installation, operation, maintenance, repair, and replacement of facilities required hereunder or any portion thereof. If any portion of said facilities will be located on property other than that owned by Applicant, Liberty shall not be obiigated to commence construction unless and until permanent rights-of-way therefore are granted to Liberty that are satisfactory to Liberty both as to focation of easement and form document. AII. rights-of- way shall be obtained without cost to Liberty. E. All facilities installed by Applicant shall be in accordance with Liberty Construction Standards, as contained in the "Electric Distribution System Guide," and details as shown on the work order drawings, and applicable local, state, and federal laws and/or regulations. F. All work performed and all material famished by the Applicant and his contractor shall be guaranteed against defects in materials and workmanship for a period of one (1) year following final acceptance of work by Liberty. Applicant agrees that Liberty may, at its option and upon written notice to Applicant, either (1) repair any defect In materials or workmanship which may develop during the one-year period, or (2) require Applicant to make good any defect In materials or workmanship which may develop during said one-year period. The option and obligation to repair shall extend to any damage to facilities or work caused by the subject defects In materials or workmanship or the repairing of same. Ail repairs hereunder, whether undertaken by Liberty or Applicant, shall be done solely at Applicant's expense. Applicant also assumes all responsibilities and liabilities for ten (10) years for facilities installed by the Applicant or facilities installed by Liberty based on survey and staking provided by the Applicant or Applicant's engineer that are found to be located outside the recorded easement or right-of-way granted for such facfllties. G. For Applicant installation of facilities in addition to those normally provided at no expense to Liberty: 1. Applicant shall provide public liability and property damage insurance coverage in amounts satisfactory to Liberty and naming Liberty as an additional insured. 2. Applicant shall provide worker's compensation and unemployment compensation insurance in the form and amounts required by the State of California. 3. Applicant shall perform in accordance with all laws, ordinances, rules, regulations, standards, and codes applicable to the types of installation being undertaken. H. Applicant shall indemnify and hold harmless Liberty from and against Applicant's failure to conform in any respect to the requirements set forth in Sections E and F above. I. Applicant may assign its right to receive a refund under this Agreement only upon written notification of the assignment to Liberty. Written notification shall consist of a document transferring the right to receive refunds, signed and notarized by the Assignor and the Assignee. Liberty may refuse to accept an -18- assignment that is not signed and notarized by the Assignor and the Assignee. No obligation or duty owed by the Applicant to Liberty may be assigned unless Liberty consents to such assignment in writing. Under no circumstances shall Liberty be liable under any contract between the Applicant or Assignor and any Assignee, J. Notices or inquiries concerning this Agreement should be directed to: LIBERTY UTILITIES (CALPECO ELECTRIC) LLC 933 Eloise Avenue South Lake Tahoe, CA 96150 IN WITNESS WHEREOF, the Parties hereto execute this Agreement (Pages 1 through 5 inclusive plus Exhibit A) the day and year first above written. APPLICANT(S) By: Printed(Typed Name: LIBERTY UTILITIES (CALPECO ELECTRIC) LLC By: Typed Name: Jeff Matthews Title: Manager, Engineering and Planning Printed/Typed Name: Mailing Address: Tax Identification Number (Required) 4 NOTE: We request your Tax Identification Number and nature (Individual) Social Security Number of your organization. Due to iRS regulations and under certain situations, if we do not have this information, we are required to withhold 20% of any refund due you. (Business) TIN Bus. Type: Corporation Tax Exempt Partnership Governmental Agency Other Please be advised that we have selected as our Applicant Installed Contractor FOR OFFICE USE ONLY: Excess revenues generated from this project shall be subject to refund under previous agreement number n/a — ties to oveftmad line InsUbd in la67.- Planner: John Perra —19— f N (.IB@RFY UTiLITIEs TO PURNI3H Aymn INSTALL: -One (1) 45' class 3 wood pole i -One (1) Overhead primary meter, 200A, 14.4kV r 1 inch = 50 feet - Two (2) 5/8" z 6' ground rode j GENERAL NOTES: o `- LIBERTY OWNS OVERHEAD PRIMARY TO POLE 192852, POLE 192852, AND THE FUSED CUTOUTS ON POLE 192852 ZS0777 ! 36MU41 � STPUD OWNS AND OPERATES THE UNDERGROUND PRIMARY FROM THE JUMPERS ATTACHED TO THE ILIJI BOTTOM OF THE CUTOUTS DOWNSTREAM. MAXIMUM CUTOUT FUSE SIZE SHALL NOT EXCEED 65T. d' SEE EXECUTED MEMORANDUM OF UNDERSTANDING BETWEEN LIBERTY UTILFTESAND SOUTH TAHOE PUBLIC UTILITIES DISTIRCT FOR MORE INFORMATION. C.W d' y I 3 rr o 192852 s EXHIBIT A P-1 CO#290664 45' CL3 PRM24H (VOL3) / PM0001M (VOL 17) GD 06H 14 LIBERTY 11' NEUTRAL 6' TELCO 22' 153444 P JON SITE y 4sr U SOURCE: w # MEYERS 3500 CKT r POLE TREE T �r 14AKV NORM OUT OF SYMBOLSARE NOTTO SCALEAND DO aY C MEYERSSUB NOT NECESSARILY REPRESENT THE ACTUAL LOCA77ON OF FACILITIES $ HCInRy Map- N.T.S. 933 Elolse Me STPUD Primary Meter Relocation RonRar; Junn POrm [77M 070.0949 ini RMN'sn a.e. JR.sm Enp- 1 Saaame ®rd ETccm Dev 21Y4/17 JJp South Lake Tahoe Callrernla, 95150 1275 Meadow Crest Dr. Liix� Phan.: (53015435297 CuelamQr: a� Fax: (5301544-0811 Utilities- ie5' Job Number; 8800-01 Suulh Tahoe PUO 2/14117 V Lill fire 9eMN Ilkaaew: fire Alpg Stephen Caswell i'pv 1 0l t -20 outh Tahoe District General Manager Richard H. Solbrig Directors Chris CePalu James K. Jones Randy Vogelgesang Kelly Sheehan Duane Wallace 1275 Meadow Crest Drive - South lake Tahoe - CA 96150-7401 Phone 530 544-6474 - Fax 530 541-0614 - www.5tpud.u5 BOARD AGENDA ITEM 4e TO: Board of Directors FROM: Julie Ryan, Principal Engineer MEETING DATE: April 20, 2017 ITEM - PROJECT NAME: 2015 Luther Pass Power and Control Project REQUESTED BOARD ACTION: Approve Change Order No. 6 to Thomas Haen Company in the amount $14,342.90. DISCUSSION: Change Order No. 6 addresses three work items that are beyond the scope of the Contract. A) During commissioning of the motors at the Luther Pass Pump Station, the District encountered difficulty at various times that has been attributed primarily to power quality issues at the site. The Contractor, Thomas Haen Company (THC), has provided documentation of 33.5 hours of extra time spent by their Project Manager through September 2016, to address these power quality issues, which was beyond the bid scope of the project, at an additional cost to the District of $4,020. B) On November 14, 2016, the project team attempted to commission Motor #3 at Pump #3. The commissioning effort was unsuccessful, due to high current on Motor #3 faulting the pump. After further trouble -shooting, it was established that the high current is due to the pump condition. Eaton (the electrical equipment supplier) had to return to the site on December 20, to complete its portion of the commissioning. This additional trip was not accounted for in their original bid. The additional cost to the District for the additional day of commissioning is $8,473.02. C) The project documents shows intrusion switches being installed in three locations at the pump station, but only calls for two of them to be wired to the control system. The additional cost to bring the third intrusion switch into the control system is $1,849.88 Staff recommends that the Board approve Change Order No. 6 to the District's Contract with THC in the amount $14,342.90, bringing the Contract total to $4,108,944.29. The Engineer's Estimate for construction was $3,875,000.00. -21- SCHEDULE: ASAP COSTS: $14,342.90 ACCOUNT NO: 1029-8330 (LPPOWR) BUDGETED AMOUNT AVAILABLE: $1,092,005 ATTACHMENTS: Change Order No. 6 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES IfVHdlf CHIEF FINANCIAL OFFICER: YES NO 1:101 0040m CATEGORY: Sewer CHANGE ORDER NUMBER 06 Project: 2015 LUTHER PASS PS POWER AND CONTROL PROJECT nL9a`6���� Contractor: Thomas Haen Company Date: 04.20.2017 The Contract Shall Be Changed As Follows: PO #: P28991 A) Increase Bid Item 8 — Electrical Systems- including all labor costs associated with additional effort by the General Contractor to address power quality issues at the site through September 2016, for the reasons detailed in the series of Design Construction Memoranda #17. The basis for the charges is detailed in Contract Change Request #22, dated September 19, 2016, and subsequent responses (attached). Additional Contract Time associated with this item was addressed in Item B of this Change Order #5. TOTAL FOR ITEM A IS $4,020.00. TOTAL FOR CHANGE ORDER NO. 6 IS A + B + C = $14,342.90 Cotractor Dollar Amounts Contract Time Original Contract $3,881,334.00 426 Calendar Days Previous Change Order $213,267.39 301 Calendar Days Current Contract $4,094,601.39 727 Calendar Days THIS CHANGE ORDER $14,342.90 103 Calendar Days New Contract Total $4,108,944.29 000 Calendar Days agrees to make the herein -described changes in accordance with the terms hereof. The chan ge in contract price and/or contract time noted is full settlement for costs incurred because of the change(s) described, unless specifically noted in individual description(s). Authorized By STPUD Board President Accepted By Contractor Reviewed By Date: Date: Date: -23- B) Increase Bid Item 8 —_Electrical Systems - including all labor, equipment, materials and subcontractor costs necessary for the electrical equipment supplier to provide extra commissioning services for Pump 3, as directed by the District in its Design Construction Memorandum #17.10, dated December 16, 2016 (attached).This item addresses in full the additional costs by the electrical equipment supplier associated with the additional commissioning of Pump 3, as detailed in Contract Change Request #30, dated January 12, 2017, and corrected by the District (attached). Additional Contract Time associated with this item was addressed in Item B of this Change Order #5. TOTAL FOR ITEM B IS $8,473.02. C) Increase Bid Item 9 – Instrumentation and Control Systems - including all labor, equipment, materials and subcontractor costs necessary to add controls for the intrusion alarm installed at the Pump Station roll -up door, as directed by the District in Design Construction Memorandum #24, dated April 12, 2017 (attached). This item addresses in full the additional work to program the roll -up door intrusion alarm, as detailed in Contract Change Request #33, dated April 4, 2017 and corrected by the District (attached). There is no change to the Contract Time related to this change in work. TOTAL FOR ITEM C IS $1,849.88. TOTAL FOR CHANGE ORDER NO. 6 IS A + B + C = $14,342.90 -24- TO: FROM: MEETING DATE: ITEM - PROJECT NAME: Public Utility VistF ict Duane wallace 1275 Meadow Crest Drive • 5outh Lake Tahoe • CA 96150-7401 Phone 530 5446474 - Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM M Board of Directors Julie Ryan, Principal Engineer Linda Brown, Purchasing Agent April 20, 2017 2017 Fire Hydrant Service Expansion Project Materials REQUESTED BOARD ACTION: 1) Find lowest bid from Ferguson Waterworks to be non- responsive to bid specifications and conditions, and reject on that basis; 2) Award bid to the lowest, responsive, responsible bidder, Capital Flow, in the amount of $45,351.97. DISCUSSION: Invitations to Bid were advertised and mailed March 6, 2017, for the three standardized fire hydrant styles needed for the 2017 installation project. Disadvantaged Business Enterprise (DBE) advertisement and outreach for Good -Faith Effort was included per United States Forest Service (USFS) Fire Partnership Funding requirements. Two bids were received with the low bidder, Ferguson Waterworks, including terminology for different pricing and payment terms, and additional seller's terms. District staff recommends that the low bid be rejected for material deviations, and the second lowest bid from Capital Flow, which contained no deviations, be accepted for award. Capital Flow is certified by the State of California as a (micro) Small Business and Disabled Veteran Business Enterprise. This item was reviewed by District counsel. SCHEDULE: Delivery by June 22, 2017 COSTS: $45,351.97 ACCOUNT NO: 2029-7029 / 17WO01 BUDGETED AMOUNT AVAILABLE: $96,015 ATTACHMENTS: Bid Results Listing CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES Aille CHIEF FINANCIAL OFFICER: YES NO [Me,, -25- CATEGORY: Water General Manager Richard H. 5olbrig Directors r' S`-,�h Tahoe Chris Cefalu James R. Jones Oj�,�{' t Randy Vogelge5ang Kelly 5heehan Public Utility VistF ict Duane wallace 1275 Meadow Crest Drive • 5outh Lake Tahoe • CA 96150-7401 Phone 530 5446474 - Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM M Board of Directors Julie Ryan, Principal Engineer Linda Brown, Purchasing Agent April 20, 2017 2017 Fire Hydrant Service Expansion Project Materials REQUESTED BOARD ACTION: 1) Find lowest bid from Ferguson Waterworks to be non- responsive to bid specifications and conditions, and reject on that basis; 2) Award bid to the lowest, responsive, responsible bidder, Capital Flow, in the amount of $45,351.97. DISCUSSION: Invitations to Bid were advertised and mailed March 6, 2017, for the three standardized fire hydrant styles needed for the 2017 installation project. Disadvantaged Business Enterprise (DBE) advertisement and outreach for Good -Faith Effort was included per United States Forest Service (USFS) Fire Partnership Funding requirements. Two bids were received with the low bidder, Ferguson Waterworks, including terminology for different pricing and payment terms, and additional seller's terms. District staff recommends that the low bid be rejected for material deviations, and the second lowest bid from Capital Flow, which contained no deviations, be accepted for award. Capital Flow is certified by the State of California as a (micro) Small Business and Disabled Veteran Business Enterprise. This item was reviewed by District counsel. SCHEDULE: Delivery by June 22, 2017 COSTS: $45,351.97 ACCOUNT NO: 2029-7029 / 17WO01 BUDGETED AMOUNT AVAILABLE: $96,015 ATTACHMENTS: Bid Results Listing CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES Aille CHIEF FINANCIAL OFFICER: YES NO [Me,, -25- CATEGORY: Water South Tahoe Public Utility District BID RESULTS BID # 17-18-08 FOR Fire Hydrants OPENED April 7, 2017 Ferguson Waterworks American Flow Control, Waterous Model #WB67-250-DDP Exceptions: Price Quotation enclosed detailing different pricing & payment terms, and additional Seller's terms Capital Flow AVK Series 2780, Nostalgic Style -27- $ 44,985.63 $ 45,351.97 SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Shannon Cotulla, Assistant General Manager Randy Vogelgesang, President BOARD MEMBERS Kelly Sheehan, Vice President Chris Cefalu, Director James R. Jones, Director Duane Wallace, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT April 6, 2017 MINUTES The South Tahoe Public Utility District Board of Directors met in a regular session, 2:01 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. ROLL CALL: Board of Directors: President Vogelgesang, Directors Jones, Sheehan, Wallace Absent: Director Cefalu Staff: Paul Hughes, Richard Solbrig, Shannon Cotulla, Gary Kvistad, Melonie Guttry, Tim Bledsoe, Chris Stanley, Bren Hoyl, Lynn Nolan, Julie Ryan, Tim Bledsoe, Brent Goligoski, Ivo Bergsohn, Liz Kauffman, Debbie Henderson, Brian Bartlett, Tony Prieto, Doug Van Gorden CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR: CONSENT CALENDAR: Moved Wallace/Second Sheehan/Vogel ecessang Yes/Cefalu Absent/Jones Yes/Sheehan Yes/Wallace Yes to approve the Consent Calendar as presented. a. CONTRACT WITH BLUE RIBBON PERSONNEL SERVICES (Liz Kauffman, Human Resources Analyst) Authorized the District to enter into a Contract with Blue Ribbon Personnel Services to perform recruitment services for seasonal employees, in an amount not to exceed $30,000. b. SEASONAL HELP FOR UNDERGROUND REPAIR, SEWER (Doug Van Gorden, Supervisor, Underground Repair Water and Chris Stanley, Manager of Field Operations) Approved direct hiring of two seasonal employees for Underground Repair, Sewer in the estimated amount of $32,200. c. SEASONAL HELP FOR UNDERGROUND REPAIR, WATER (Tony Prieto, Supervisor, Underground Repair Water and Chris Stanley, Manager of Field Operations) Approved direct hiring of four seasonal employees for Underground Repair, Water in the estimated amount of $67,000. -29- REGULAR BOARD MEETING MINUTES - April 6, 2017 PAGE - 2 d. CONTRACT WITH GOINVEST ACTUARIAL SOFTWARE (Debbie Henderson, Accounting Manager) Authorized the District to: 1) approve a two-year contract with Govinvest for the purchase of actuarial consulting and technology services in an amount not to exceed $9,500; and, 2) authorize staff to negotiate and approve minor Contract Amendments. e. SOUTH Y FATE AND TRANSPORT MODEL (Ivo Bergsohn, PG, HG, Hydrogeologist) Authorized staff to add $10,000 to Purchase Order P30339 to Desert Research Institute for additional modeling services. REGULAR AND SPECIAL BOARD MEETING MINUTES: MARCH 16 2017 AND MARCH 24, 2017 (Melonie Guttry, Executive Services Manager/Clerk of the Board) Approved March 16, 2017, Minutes and March 24, 2017, Minutes ITEMS FOR BOARD ACTION a. Resolution for Disaster Assistance Application to the California Office of Emergency Services (Lynn Nolan, Grants Coordinator) -Staff provided an overview of the program. Moved Wallace/Second Sheehan/Vogel egg YeS1Cefolu Absenf Jones Yes/Sheehan 'des_/Wallace Yes to adopt California Office of Emergency Services Universal Resolution No. 3052- 17, effective for all open and future disasters up to three years following date of approval. b. 2015 Luther Pass Power and Control Project (Julie Ryan, Principal Engineer) - Staff provided an overview of the project and reported a change to the Contract Total in the amount of $4,094,601.39. Moved Jones/Second Sheehan/Vogelgesong Yes/Cefalu Absent/Jones Yes/Sheehan Yes Wallace Yes to approve Change Order No. 5 to Thomas Haen Company, Inc., in the amount $88,868.56. C. Physical Connection - Time and Material Deposit (Tim Bledsoe) - Staff provided an overview of Ordinance No. 568-17 amending Section 3.1.49(f) of the Administrative Code and the Board discussed it. Moved Sheehan Second Janes Vo eI esan Yes Cefalu Absent Jones Yes Sheehan Yes/Wallace Yes to enact Ordinance No. 568-17 amending Section 3.1.49(f) of the Administrative Code increasing the current deposit amount from $3,000 to $5,000 for time and material charges. d. Customer Engagement and Data Analytics Software (Tim Bledsoe, Manager of Customer Service) -Staff provided an overview of the software. Moved Wallace/Second SheehanlVogelgesang Yes/Cefalu _Absent/Jones Yes/Sheehan Yes/Wallace Yes to authorize the District to: 1) Approve the Request for Proposal developed by Customer Service staff for the purchase, installation, configuration and training on a customer engagement and data analytics software; and, 2) authorize staff to publish the Request for Proposal to the public on April 7, 2017. -30- REGULAR BOARD MEETING MINUTES - April 6, 2017 PAGE - 3 e. Diamond Valley Ranch Irrigation Improvement Project (1vo Bergsohn, PG, HG, Hydrogeologist) -Staff provided an overview of the project and a handout. The Board requested a Press Release be sent on this news. Moved WallacelSecond SheehanlVoge€gesang YeslCefalu Absent/Jones Yes/Sheehan Yes/Wallace Yes to authorize the District to enter into: 1) a Generating Facility Interconnection Agreement to interconnect the C -Line Hydraulic Power Generation facility to the Liberty Utilities Power Distribution System; and, 2) a Generating Facility Interconnection Letter Agreement to Purchase Power to sell power generated from C -Line Hydraulic Power Generation to Liberty Utilities with a 10 -year Contract. Diamond Valley Ranch Irrigation Improvement Project (1vo Bergsohn, PG, HG, Hydrogeologist) - Staff provided an overview of the project. Moved Vo el esan Second Sheehan Vo el esan Yes Cefalu Absent/Jones Yes Sheehan Yes/Wallace Yes to approve Change Order No. 5 to Thomas Haen Company, Inc., in the amount of $72,046.79. g. Approve Payment of Claims (Debbie Henderson, Accounting Manager) Moved Sheehan/Second Vogei_, eq sang/Vogel , ecessang YeslCefalu Absent/.cones Yes/Sheehan Yes/Wallace Yes to approve Payment of Claims in the amount of $1,658,565.51. STANDING AND AD-HOC COMMITTEE REPORTS: Richard Solbrig had a conversation with the City Manager, Nancy Kerry, regarding the desire for direct communication between the City Council and the District Board. As a result, City Council Members Wendy David and Brooke Laine have been appointed to the City's committee with Tom Davis as an alternate. President Vogelgesang appointed himself and Director Wallace to the Ad -Hoc City Council Committee and added committee meetings will be scheduled as needed. The first meeting will include staff from the District (Richard Solbrig) and the City (Nancy Kerry). The Board will offer the committee members a tour of the Waste Water Treatment Plant, if they are interested. Staff provided information regarding meter installations and road paving coordination between City and District staff. Richard Solbri_q will contact Nancy Kerry to inform her of the committee appointments and schedule a meeting. BOARD MEMBER REPORTS: President Vogelgesang thanked Director Sheehan for attending Agenda Review in his absence. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT: Director Wallace and Richard Solbrig will attend the next meeting on Wednesday, April 12. GENERAL MANAGER REPORT: Richard Solbrig reported on several items: • He is working with Lake Tahoe Television on several editorials regarding water and sewer. In addition, he will appear on the Tahoe Tonight Show to talk about Capital Improvement Projects and the Tahoe Today Show to talk about the CHYDRO project. He will report on the Board's approval on lower capacity fees to encourage workforce housing as well. • He and Paul Hughes attended the Tahoe Regional Young Professionals Board meeting on April 5 to discuss the District and CYHDRO project, in addition to low income workforce housing. May 4 at 6 p.m. is the Board Workshop here at the District., -31- REGULAR BOARD MEETING MINUTES - April 6, 2017 PAGE - 4 STAFF" ATTORNEY REPORTS: Staff provided a report regarding permanent water conservation framework and the potential legislation based on that framework. Attorney Kvistad provided an update regarding the Sustainable Groundwater Management Act and the risk involved if the State Water Resources Control Board does not accept the District as the Groundwater Sustainability Agency for the fringe areas (areas outside the District's Service area) as approved by the Department of Water Resources. ADJOURNMENT TO CLOSED SESSION: 3:36 pm RECONVENED TO OPEN SESSION: 4:35 p.m. ACTION REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION a. 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 No reportable Board, action b. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with Stationary Engineers, Local 39. Present at this Closed Session will be Agency Negotiators: Richard Solbrig/General Manager; Paul Hughes, Chief Financial Officer; and Shannon Cotulla, Assistant General Manager. No reportable Board action C. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with the Management Group. Present at this Closed Session will be Agency Negotiators: Richard Solbrig/General Manager; Paul Hughes, Chief Financial Officer; and Shannon Cotulla, Assistant General Manager. The current Management MOU ends June 30, 2017. No reportable Board action ADJOURNMENT: 4:35 p.m. Melonie Guttry, Clerk of the Board South Tahoe Public Utility District -32- Randy Vogelgesang, Board President South Tahoe Public Utility District wth Tahoe is General Manager Richard H. Solbrig Directors Chris Cefalu James K. Jones Randy Vogelgesang Kelly Sheehan Utility D i 5tri ct Duane Wallace 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150-7401 Phone 530 5446474 • Fax 530 541-0614 • www.5tpud.us BOARD AGENDA ITEM 6a TO: Board of Directors FROM: John Thiel, Engineering Department Manager MEETING DATE: April 20, 2017 ITEM - PROJECT NAME: Grant of Easement to the California Tahoe Conservancy REQUESTED BOARD ACTION: 1) Approve the Grant of Easement from the South Tahoe Public Utility District to the California Tahoe Conservancy for bike trail installation and maintenance, and 2) Authorize the Board President and Clerk of the Board to execute the Grant of Easement, contingent upon the California Tahoe Conservancy granting an Easement to South Tahoe Public Utility District for parking and snow storage. DISCUSSION: The California Tahoe Conservancy (CTC) is planning a bike trail project for construction in 2019. A segment of this project begins at the existing trail network at Lake Tahoe Community College, crosses Trout Creek, and connects to a new segment at the intersection of Martin and Barbara Streets, crossing the lower portion of South Tahoe Public Utility District's (District) Martin Well property in the process. The CTC is seeking an Easement to construct a bike trail across the District property. A copy of the Grant of Easement is attached. In exchange for granting the Martin Well Easement to the CTC, the District is seeking a fencing and snow storage Easement along the District's west property line on the adjacent CTC property - see related Board Item 6b. SCHEDULE: Upon Board approval COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Grant of Easement (Martin Well Property) CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -33- CATEGORY: Sewer/Water RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA TAHOE CONSERVANCY 1061 Third Street South Lake Tahoe, CA 96150 APN: 025-061-18 THIS SPACE RESERVED FOR RECORDER ONLY (Gov. Code Sect. 27361.6) No fee Per Government Code Section 6103 No Document Transfer Tax per Revenue & Taxation Code, Section 11922 Grant of Easement This Grant of Easement ("Agreement") is made and entered into this 20th day of April, 2016, by and between the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public Utility District Act ("District") and the State of California, California Tahoe Conservancy ("Conservancy"), with reference to the following facts and intentions:. A. District is the owner of certain real property located in the County of EI Dorado, State of California, which is more particularly described in the legal description attached as Exhibit A, which is incorporated by this reference ( "Property"); B. Conservancy desires to obtain an easement over a portion of the Property ("Easement Area") for the purpose of constructing and maintaining improvements on the Property for pedestrian, bicycle, recreational and non -vehicular transportation purposes and uses by the general public,- C. ublic;C. Conservancy, pursuant to California Government Code Section 66907.8 and its duly adopted resolution of March 17, 2016, Resolution Number 16-03-04, may obtain interests in land for management purposes including easements and rights-of-way necessary for public access and recreation as set forth in the terms and conditions of this Agreement. D. The Board of Directors of District approved and authorized the District to enter into this Agreement on April 20, 2017. NOW, THEREFORE, the parties agree as follows: 1. Grant of Easement. For valuable consideration, the receipt and sufficiency of which are acknowledged, District grants to Conservancy a non-exclusive permanent easement in gross over, on, through, within, under, and across the Property for the following purposes (collectively "Easement"): (1) constructing, monitoring, operating and maintaining a public shared use bicycle and pedestrian trail including a 1 037627\0007\153809132 -35- paved pathway, bridge, signage fencing and revegetation, and other major and minor appurtenances as reasonably necessary for implementation of the public shared use bicycle and pedestrian trail (collectively "Trail"); (2) an unrestricted public right-of-way for ingress and egress and passage through the Trail, including bicycle, pedestrian, and non -vehicular access, by the general public, individuals with disabilities using wheelchairs, scooters, manually powered mobility aids and reasonable power -driven mobility devices, as allowed by Conservancy; (3) temporary construction activities for the Trail; and (4) Trail access for emergency first responders, associaed vehicles, and trail maintenance personal using non -motorized or power -driven equipment. 2. Easement Location. The Easement Area shall be located on that portion of the Property as described in the attached Exhibit B, which is incorporated by this reference. After construction of the Trail within the Easement Area, Conservancy shall provide District with a record of survey of the Easement Area, as the Trail was constructed, ("Record of Survey"), within one (1) month following the Conservancy's notice of completion of construction of the Trail. The Easement Area shall be approximately seven (7) feet wide on each side of the centerline of the Trail in the area indicated on Exhibit B. The Record of Survey shall be prepared by a surveyor licensed to practice in the State of California. The Record of Survey shall describe, with all coordinates, courses, and distances, an area that includes all Trail improvements constructed by Conservancy, together with two (2) foot wide shoulders, and shall show, at a minimum, the location of all surveyors' monuments that are located on the Property within 100 feet of the Trail, or on or along any extension of the Trail to be constructed on neighboring land. Conservancy shall provide the Record of Survey to District for District's review and approval, together with a corresponding metes -and -bounds legal description of the Easement Area. Following any revisions reasonably requested by the District, and District's approval of the final Record of Survey and legal description, the parties agree to amend this Agreement, by a suitable writing incorporating the legal description as the permanent location of the Easement Area on the Property, and to record said easement, together with the Record of Survey, in the official records of EI Dorado County. 3. District's Use of the Easement Area. District reserves the right to improve the Property for any purpose, including but not limited to utility and related facilities, provided such activities do not unreasonably interfere with the Easement, or impair Conservancy's reasonable exercise of its rights under this Agreement. In the event such activities interfere with or impact the Trail, District shall return the Trail to the same condition as was present prior to the District's work. District shall not erect or construct, nor permit to be erected or constructed in the Easement Area, any buildings or structures, nor permit any activity in the Easement Area that is inconsistent with Conservancy's use of the Easement. District shall have the right to remove or clear from the Easement Area any and all buildings, fences, structures, combustible materials, trees (if less than 10 inches in diameter), brush, debris or any other obstruction which in the reasonable judgment of District may interfere with or endanger District's operation of its facilities or rights described in this Agreement. 4. Compliance with Law. Conservancy shall comply and conduct its activities in accordance with all local, state, bi-state and federal laws, regulations and enforcement orders. Conservancy shall obtain, at its sole cost and expense, all permits and approvals from such governmental agencies having jurisdiction that are necessary for the performance of activities related to its rights and obligations pursuant to this Agreement. All construction, maintenance, operations, repairs, and other activities conducted by or on behalf of Conservancy, shall be performed in a good and workmanlike manner by individuals qualified and licensed to perform such activities. Conservancy shall notify the District at least ten (10) days prior to Conservancy performing any non -routine construction, maintenance, operations, and repairs on the Easement Area. 03762710007\ 153 80913.2 iA -36- 5. Restoration. Conservancy shall restore those areas of the Property that were disturbed by the Conservancy's construction, maintenance or repair of improvements within the Easement Area and temporary use of adjacent areas on the Property to substantially similar condition as existed prior to such use including, but not limited to, vegetation, paving, curbs, driveways, light standards, drainage systems, utilities, and other improvements on the Property. 6. Insurance. a. Conservancy Activities. As an agency of the State of California, the Conservancy and its employees are self-insured for general liability exposure for any tort liability that may develop though the carrying out of official State activities and operations on the Easement Area. The Conservancy's contractors, surveyors, consultants and agents, shall procure and/or maintain, in full force and in effect, while accessing the Property to perform any construction, maintenance, operations, and repairs on the Easement Area. Insurance to protect from all claims under California Workers Compensation and Employer's Liability Acts. Such coverage shall be maintained, in the type and amount, in strict compliance with all applicable State and Federal statutes and regulations. Commercial General Liability Insurance to protect against claims arising from death, bodily or personal injury or damage to property resulting from actions, failures, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured, in an amount not be less than $1,000,000. Automobile Liability Insurance to protect against claims arising from death, bodily or personal injury or damage to property resulting from actions, failures, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the Licensee in an amount not be less than $1,000,000. b. General Provisions. The District shall be provided with copies of the insurance certificates evidencing the above insurance coverage. The District shall be named as an additional insured on the commercial general liability and automobile liability policies. Each policy of insurance, shall require thirty (30) days advance written notice to the District of any material change or cancellation of the insured. The above insurance coverage shall be primary as respects the interest of the additional insureds, include a standard ISO separation of insureds clause, a waiver of any and all transfer rights of recovery (subrogation) against the additional insureds. In addition, the above insurance requirements shall not limit the indemnification obligations of the Conservancy. 7. Covenants Running with the Land. This Agreement and the rights, duties and obligations of the parties shall be construed as covenants running with the land pursuant to California Civil Code section 1468. 8. Damage to Property. Conservancy agrees to repair any damage to the Property caused by Conservancy's use, operation or maintenance of the Easement Area and the general public's use of the Easement Area. District agrees to repair any damage, caused by District's use of the Property, to any Conservancy -owned improvements located in the Easement Area. To determine the existence and extent of any damage, the party discovering the damage shall notify the other party. The parties shall, as soon as reasonably practicable, jointly inspect the damaged property and/or improvements and use their best reasonable efforts to mutually agree as to the cause, responsibility, extent and method of repair of the damaged property and/or improvements 9. Indemnity. To the extent authorized by law pursuant to Government Code Section 14662.5, Conservancy shall indemnify, defend and hold harmless District, its directors, officers, partners, agents, contractors and employees, from and against any and all claims, liabilities, damages, losses, costs and expenses of any nature whatsoever, including attorneys', paralegal's 037627\0007\1 53 80913.2 -37- and expert fees and costs, which arise out of, relate to or result from: (1) the Conservancy's acts or omissions, except to the extent any liability, loss, cost or expense was caused by District's gross negligence or willful misconduct; and, (2) the general public's use of the Trail. 10. Merger. The Easement shall be merged with any prior easements over the Property which existed in favor of the Conservancy, whether implied, prescriptive or otherwise, which shall be of no further force or effect upon recordation of this Agreement. 11. General Provisions_ a. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Agreement, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees). b. Authgjrity. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform all acts required by this Agreement, and that the consent, approval or execution of or by any third party is not required to legally bind either party to the terms and conditions of this Agreement. C. Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to have been used in the plural, and masculine shall include the feminine and neuter, and vice versa. d. Notice. All notices, approvals, acceptances, demands and other communications required or permitted hereunder, to be effective shall be in writing and shall be delivered either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or other similar overnight delivery service to the party to whom the notice is directed at the address of such party as follows: CONSERVANCY: California Tahoe Conservancy 1061 Third Street South Lake Tahoe, CA 96150 DISTRICT: Richard Solbrig, General Manager South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 With Copy to: Gary M. Kvistad Brownstein Hyatt Farber Schreck, LLP 1020 State Street Santa Barbara, CA 93101 Any written communication given by mail shall be deemed delivered two (2) business days after such mailing date and any written communication given by overnight delivery service shall be 4 037627\0007\1 53 50913.2 -38- deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address as herein provided. e. Successors and Ass9r)2. Conservancy may assign this Agreement to another public agency or non-profit corporation with the power to establish, construct and maintain the Trail after receiving Districts written consent, which consent shall not be unreasonably withheld. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns, f. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue for all purposes to be proper only in the County of EI Dorado, State of California. g. Severability_ If any term, provision, covenant or condition of this Agreement is determined to be unenforceable by a court of competent jurisdiction, it is the parties' intent that the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated by such determination. h. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees to be awarded shall be made to fully reimburse for all attorneys' fees, paralegal fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs and expenses paid or incurred in good faith. i. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. j. Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement. k. Waiver. The waiver of any breach of any provision of this Agreement by any party to this Agreement shall not be deemed to be a waiver of any proceeding or subsequent breach under the Agreement, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. I. Federal Non -Discrimination Requirements. Conservancy for itself, its personal representatives, successors in interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on said property described in this easement for the purpose of which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, that Conservancy shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of federal Regulations, U.S. Department of Transportation; Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (the Regulations). 037627\0007\1 53 80913.2 -39- Conservancy for itself, its personal representatives, successors in interests and assigns, as a part of the consideration hereof, does hereby further covenant and agree as a covenant running with the land that: (1) no person on the ground of race, color, sex national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the used of the easement; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that Conservancy shall use the easement in compliance with all other requirements imposed pursuant to the Regulations. M. Entire Aareement and Amendment. This Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first stated above. South Tahoe Public Utility District State of California California Tahoe Conservancy M By. Randy Vogelgesang, President Patrick Wright, Executive Director ATTEST: By: Melonie Guttry, Clerk of the Board 037627\0007\15380913.2 Cal -40- ACKNOWLEDGEMENTS STATE OF CALIFORNIA COUNTY OF EL DORADO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: STATE OF CALIFORNIA COUNTY OF EL DORADO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 037627\0007\1 53 80913.2 7 -41- ACKNOWLEDGEMENTS (CONT.) STATE OF CALIFORNIA COUNTY OF EL DORADO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant of easement, dated April 20, 2017, from South Tahoe Public Utility District, a California Special District formed pursuant to Public Utility Code Section 15501 et. seq. to the STATE OF CALIFORNIA, acting by and through the California Tahoe Conservancy is hereby accepted by the undersigned officer on behalf of the State of California, pursuant to authority conferred by authorization of the California Tahoe Conservancy, adopted on March 17, 2016, and Conservancy consents to the recordation thereof by its duly authorized officer. STATE OF CALIFORNIA California Tahoe Conservancy By Patrick Wright Executive Director Date 037627\0007\ 153 80913.2 -42- EXHIBIT "A" All of that Parcel described in Deed Book 1271, Page 169, Recorded July 9, 1974, Official Records of the County of EI Dorado, State of California, and being more particularly described as follows: All that certain real property situate in the unincorporated area, County of EI Dorado, State of California, more particularly described as follows: All that portion of Section 3, T. 12 N., R. 18 E., M.D.B.&M. more particularly described as follows: BEGINNING at the most Southerly corner of Lot 49, Block 57 of Tahoe Sierra Subdivision, Unit No. 3, which point is on the Northeasterly edge of Martin Avenue; THENCE FROM SAID POINT OF BEGINNING along the Southeasterly line of said Lot 49, Block 57 of Tahoe Sierra Subdivision, Unit No. 3, N. 490 38' E. 154.56 feet; thence S. 26° 34' 28" E. 438.55 feet; thence S. 490 38' W. 50.00 feet to a point on the Northeasterly line of Martin Avenue; thence N. 400 22' W. 425.90 feet to the point of beginning. This metes and bounds description is based solely upon said record Deed Book 1271, Page 169- �1 .y----..._ .----- Prepared by Lumos & Associates, Inc Gregory S. Phillips, L.S. 7936 800 East College Pkwy Carson City, NV 89706 Current A.P.N. 025-061-18-100 -43- JN 9005.000 EXHIBIT "B" All that certain real property situate within a portion of Section 3, Township 12 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of EI Dorado, State of California, being further described as a portion of that Parcel delineated in that certain Deed recorded in Book 1271 at Page 169, on July 9, 1974, Official Records of the County of EI Dorado, State of California, and being more particularly described as follows. BEGINNING at the southerly corner of that said Parcel, said point lying on the easterly right of way line of Martin Avenue; THENCE northerly along the westerly line of said Parcel and said right of way line, North 40022'00" West, 262.90 feet; THENCE leaving said westerly line, North 57031'00" East, 111.83 feet to a point on the easterly line of said Parcel; THENCE southerly along said easterly line, South 26034'28" East, 254.91 feet to the easterly corner of said Parcel; THENCE westerly along the southerly line of said Parcel South 49038'00" West, 50.00 feet to the POINT OF BEGINNING and the end of this description. Containing 20,750 square feet, more or less. EXHIBIT "'B" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to that said Parcel in Book 1271 at Page 169, Recorded July 9, 1974, Official Records of the County of EI Dorado, State of California. Prepared by Lumos & Associates, Inc Gregory S. Phillips, L.S. 7936 800 East College Pkwy Carson City, NV 89706 gin' � ;:;.;o; �,�:•��� %:y —44- J1-7 A.P. N. 031 -236-14-100 BICKFORD, W,1 & L. N. LOT 49, SLK 57 A-45 A. P. N. 025-061-18-100 SOUTH TAHOE- P.U.D. 1271-169 r A 17 gfl1/i-7 A, P. N. 025-061-27-100 GSL.T 1-3 EASEMENT AREA 20,750± SQ. FT. U-. x`90- pa, �O P.0.E�' 5 SOUTH TAHOE PUBLIC UTILITY DISTRICT EXHIBIT "B" LUMOS EASEMENT - A.P.N. 025-061-18-100 225 KINGSBURY GRADE, SUITE A, P.D. BOX 3570 A POR. OF SEC. 3, T.12N., RAE., M.D.M. STATELINE, NEVADA 99440 PH. (775) 58"490 FAX (775) 9996479 EL DORADO COUNTY C.S.L.T, -45- CALIFORNIA Date: APRIL 2017 Scale: 1" = 60` Job No: 9005.000 South Tahoe Public Utility District General Manager Richard H. 5olbrig Directors Chris Cefalu James R. Jones Randy Vogelgesang Kelly 5heehan Duane Wallace 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150-7401 Phone 530 544-6474 - Fax 530 541-0614 • www.5tpucl.u5 BOARD AGENDA ITEM 6b TO: Board of Directors FROM: John Thiel, Engineering Department Manager MEETING DATE: April 20, 2017 ITEM - PROJECT NAME: Grant of Easement to the South Tahoe Public Utility District REQUESTED BOARD ACTION: Approve the Grant of Easement for fencing and snow storage from the California Tahoe Conservancy to South Tahoe Public Utility District and authorize the Board President and Clerk of the Board to execute the Grant of Easement, and for the Clerk of the Board to execute the Certificate of Acceptance after execution by the California Tahoe Conservancy. DISCUSSION: The California Tahoe Conservancy (CTC) is planning a bike trail project for construction in 2019. A segment of this project begins at the existing trail network at Lake Tahoe Community College, crosses Trout Creek, and connects to a new segment at the intersection of Martin and Barbara Streets, crossing the lower portion of the District's Martin Well property in the process. The CTC is seeking an Easement to construct a bike trail across the District property - see related Board Item 6a. In exchange for the District granting the above easement to the CTC, as per Board Item 6a, the CTC has agreed to grant the District a fence and snow storage Easement along the District's west property line on the adjacent CTC property - see attached Grant of Easement. SCHEDULE: Upon Board approval COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Grant of Easement CONCURRENCE WITH REQUESTED ACTION: r} GENERAL MANAGER: YES/ NO CHIEF FINANCIAL OFFICER: YES LAIA NO U -47- CATEGORY: Sewer/Water RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SOUTH TAHOE PUBLIC UTILITY DISTRICT C/o Gary M. Kvistad, Esq. Brownstein Hyatt Farber Schreck, LLP 1020 State Street Santa Barbara, California 93101 APN: 025-061-12 THIS SPACE RESERVED FOR RECORDER ONLY (Gov, Code Sect. 27361.6) No fee Per Government Code Sect. 6103 No Document Transfer Tax per Rev. & Taxation Code, Sect. 11922 Grant of Easement This Grant of Easement (Agreement) is made and entered into this 20th day of April, 2017, by and between State of California, California Tahoe Conservancy (hereinafter "Conservancy"), and the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public Utility District Act (hereinafter "District") at South Lake Tahoe, California, with reference to the following facts and intentions:. A. Conservancy is the owner of certain real property located in the County of EI Dorado, State of California, which is more particularly described in the legal description attached as Exhibit A, and incorporated by this reference ("Conservancy Property"),- B. roperty");B. District is the owner of certain real property located in the County of EI Dorado, State of California, which is more particularly described in the legal description attached as Exhibit B, and incorporated by this reference ("District Property"); C. District's parking lot, shed, gate and fence connected to the District Property encroaches on a portion of the Conservancy Property; D. District desires to acquire an easement over the Conservancy Property for the purposes of a parking lot, shed, gate, fence and snow storage, and Conservancy agrees to grant such easement to District, pursuant to the terms and conditions of this Agreement; and, E. The Executive Director of the Conservancy is authorized to enter into this agreement pursuant to Conservancy Resolution 16-03-04. Page 1 of 11 037627\0007\1 53 80911.2 -49- NOW, THEREFORE, the parties agree as follows: 1. Grant of Easement. For valuable consideration, the receipt and sufficiency of which are acknowledged, Conservancy grants to District a non-exclusive permanent easement in, over, on, through, within, under, and across the Conservancy Property for the following purposes ("Easement") to survey, construct, operate, access and maintain a paved parking area, shed, gate and fencing installed for the exclusive use of District and for snow storage. The District is restricted to the location of current and future paved parking areas, shed, gate, fencing and snow storage located within the Easement. 2. Easement Location. The Easement shall be located on that portion of the Conservancy Property ("Easement Area") that is described in the legal descriptions and maps, which are attached to this Agreement as Exhibits C-1 and C-2, respectively, and incorporated by this reference. 3. Use of the Easement Area. Conservancy reserves the right to improve the Conservancy Property for any purpose, including but not limited to the right to construct, operate, and maintain facilities in a location to be determined at a future date in the Conservancy's sole discretion for the benefit of the general public, the Conservancy and its successors and assigns including but not limited to the Lake Tahoe Community College, provided such activities do not unreasonably interfere with the Easement, or impair District's reasonable exercise of its rights under this Agreement. The Conservancy shall not erect or construct, nor permit to be erected or constructed in the Easement Area, any buildings or structures, nor permit any activity in the Easement Area that is inconsistent with District's use of the Easement. District shall have the right to remove or clear any and all buildings, fences, structures, combustible materials, hazard trees or tress less than 10 inches in diameter, brush, debris or any other obstruction from the Easement Area which in the reasonable judgment of District may interfere with or endanger District's operation of its facilities or rights described in this Agreement. 4. Compliance with Law. District shall comply and conduct its activities in accordance with all local, state, bi-state and federal laws, regulations and enforcement orders. District shall obtain, at its sole cost and expense, all permits and approvals from such governmental agencies having jurisdiction that are necessary for the performance of activities related to its rights and obligations pursuant to this Agreement. All construction, maintenance, operations, repairs, and other activities conducted by or on behalf of District, shall be performed in a good and workmanlike manner by individuals qualified and licensed to perform such activities. Conservancy shall notify the District at least ten (10) days prior to Conservancy performing any non -routine construction, maintenance, operations, and repairs on the Easement Area. 5. Insurance. a. District Activities. District, and its contractors, surveyors, consultants and agents, shall procure and/or maintain, in full force and in effect, while accessing the Conservancy Property, performing any construction, maintenance, operations, and repairs on the Easement Area. Insurance to protect from all claims under California Workers Compensation and Employer's Liability Act. Such coverage shall be maintained, in the type and amount, in strict compliance with all applicable State and Federal statutes and regulations. Commercial General Liability Insurance to protect against claims arising from death, bodily or personal injury or damage to property resulting from actions, failures, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured, in an amount not be less than $1,000,000. Automobile Liability Insurance to protect against claims arising from Page 2 of 11 037627\0007\15380911 2 -50- death, bodily or personal injury or damage to property resulting from actions, failures, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the Licensee in an amount not be less than $1,000,000. b. General Provisions. Conservancy shall be provided with copies of the insurance certificates evidencing the above insurance coverage. Conservancy shall be named as the additional insured on the commercial general liability and automobile liability policies. Each policy of insurance shall require thirty (30) days advance written notice to Conservancy of any material change or cancellation of the insured. The above insurance coverage shall be primary as respects the interest of the additional insureds, include a standard ISO separation of insureds clause, a waiver of any and all transfer rights of recovery (subrogation) against the additional insureds. In addition, the above insurance requirements shall not limit the indemnification obligations of the District. 6. Covenants Running with the Land. This Agreement and the rights, duties and obligations of the parties shall be construed as covenants running with the land pursuant to California Civil Code section 1468, and shall be appurtenant to and for the benefit of the District Property. 7. Damage to Property. District agrees to repair any damage to Conservancy's Property caused by District's use, operation or maintenance of the Easement Area. Conservancy agrees to repair any damage, caused by Conservancy's use of the Conservancy Property, to any District -owned improvements located in the Easement Area. To determine the existence and extent of any damage, the party discovering the damage shall notify the other party. The parties shall, as soon as reasonably practicable, jointly inspect the damaged property and/or improvements and use their best reasonable efforts to mutually agree as to the cause, responsibility, extent and method of repair of the damaged property and/or improvements 8. Indemnity. District shall indemnify, defend and hold harmless Conservancy, its directors, officers, partners, agents, contractors and employees, from and against any and all claims, liabilities, damages, losses, costs and expenses of any nature whatsoever, including attorneys', paralegal's and expert fees and costs, which arise out of, relate to or result from the District's acts or omissions related to the Easement, except to the extent any liability, loss, cost or expense was caused by Conservancy's gross negligence or willful misconduct. 9. Merger. The Easement shall be merged with any prior easements over the Conservancy Property which existed in favor of the District, whether implied, prescriptive or otherwise, which shall be of no further force or effect upon recordation of this Agreement. 10. General Provisions. a. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Agreement, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees). b. Authority. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform all acts required by this Page 3 of 11 037627\0007\1 53 809112 -51- Agreement, and that the consent, approval or execution of or by any third party is not required to legally bind either party to the terms and conditions of this Agreement. C. Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to have been used in the plural, and masculine shall include the feminine and neuter, and vice versa. d. Notice. All notices, approvals, acceptances, demands and other communications required or permitted hereunder, to be effective shall be in writing and shall be delivered either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or other similar overnight delivery service to the party to whom the notice is directed at the address of such party as follows: CONSERVANCY: California Tahoe Conservancy 1061 Third Street South Lake Tahoe, CA 96150 DISTRICT: Richard Solbrig, General Manager South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 With Copy to: Gary M. Kvistad Brownstein Hyatt Farber Schreck, LLP 1020 State Street Santa Barbara, CA 93101 Any written communication given by mail shall be deemed delivered two (2) business days after such mailing date and any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address as herein provided. e. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. f. Governing Law. The validity and interpretation of this Agreement shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue for all purposes to be proper only in the County of EI Dorado, State of California. g. Severability. If any term, provision, covenant or condition of this Agreement is determined to be unenforceable by a court of competent jurisdiction, it is the parties' intent that the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated by such determination. Page 4 of 11 037627\0007\1 5 3 80911.2 -52- h. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees to be awarded shall be made to fully reimburse for all attorneys' fees, paralegal fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs and expenses paid or incurred in good faith. L Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. j. Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement. k. Waiver. The waiver of any breach of any provision of this Agreement by any party to this Agreement shall not be deemed to be a waiver of any proceeding or subsequent breach under the Agreement, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. i. Entire Agreement and Amendment. This Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first stated above. South Tahoe Public Utility District By: Randy Vogelgesang, President ATTEST: By: Melonie Guttry, Clerk of the Board Page 5 of 11 037627\0007\15380911 2 -53- State of California California Tahoe Conservancy By: Patrick Wright, Executive Officer ACKNOWLEDGEMENTS STATE OF CALIFORNIA COUNTY OF EL DORADO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY'under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature. STATE OF CALIFORNIA COUNTY OF EL DORADO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Page 6 of 11 03 7627\0007\ 153 80911.2 -54- ACKNOWLEDGEMENTS (CONT.) STATE OF CALIFORNIA COUNTY OF EL DORADO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: CERTIFICATE OF ACCEPTANCE This Certificate of Acceptance certifies that the interest in real property conveyed by the above Grant of Easement dated April 20, 2017 between the South Tahoe Public Utility District, a California Public Agency formed in 1950 pursuant to the Public Utility District Act, and the State of California, California Tahoe Conservancy, is hereby accepted by the undersigned officer on behalf of the South Tahoe Public Utility District pursuant to authority conferred by the Board of Directors of the South Tahoe Public Utility District on April 20, 2017, 2017 and consents to the recordation of the Grant of Easement by its duly authorized officer. South Lake Tahoe Public Utility District Dated: April _, 2017 By: Page 7 of 11 037627\0007\ 15380911.2 Melonie Guttry, Clerk of the Board -55- EXHIBIT A — CONSERVANCY PROPERTY Certain real property described herein is situated in the State of California, County of EI Dorado, unincorporated area, described as follows: All that portion of Section 3, Township 12 North, Range 18 East, M.D.B.&M., more particularly described as follows: BEGINNING at a point marked by a 3/4 inch iron pipe stamped S.J.C.J which pipe marks the Northeast corner of the West half of Lot 11, Section 3, Township 12 North, Range 18 East, M.D.B.&M., THENCE from said point of beignning South 001 30'00" East 514,96 feet along the East line of the West half of said Lot 11 to a 3/4 inch capped iron pipe in a fence line; thence leaving said East line of the West one half of Lot 11 and running North 811 55' 30" West 180.04 feet; thence North 541 30' 00" West 272.59 feet; thence North 031 27' 10" West 324.60 feet to a 3/4 inch capped iron pipe; thence North 880 59' 09" East 415.28 feet along the Northerly line of said Lot 11 to the point of beginning. Together with all right, title, or interest, if any, in and to that certain 40 food road easement described in that certain Deed to Aram Harootunian, et al, recoreded October 22, 1954 in Book 351 at page 129, Official Records of EI Dorado County. Page 8 of 11 037627\0007\15380911.2 -56- EXHIBIT "A" All of that Parcel 018569-01-01 in Deed Document No, 2000-0066683-00, Recorded December 28, 2000, Official Records of the County of EI Dorado, State of California, and being more particularly described as follows; PARCEL 018569-01-01' P.M. 76.6 All that portion of Section 3, Township 12 North, Range 18 East, M.D.B.&M., more particularly described as follows: BEGINNING at a point marked by a 3/ inch iron pipe stamped S.J.C,J. which pipe marks the Northeast corner of the West half of Lot 11, Section 3, Township 12 North, Range 18 East, M.D.B.&M., THENCE from said point of beginning South 00° 30' 00" East 514.96 feet along the East line of the West half of said Lot 11 to a 3/a inch capped iron pipe in a fence line; thence leaving said East line of the West one half of Lot 11 and running North 810 55' 30" West 180.04 feet; thence North 54° 30' 00" West 272,59 feet; thence North 030 27' 10" West 324.60 feet to a 3/ inch capped iron pipe; thence North 88° 59' 09" East 415.28 feet along the Northerly line of said Lot 11 to the point of beginning Together with all right, title or interest, if any, in and to that certain 40 foot road easement described in that certain Deed to Aram Harootunian, et al, recorded October 22, 1954 in Book 351 at page 129, Official Records of El Dorado County. This metes and bounds description is lapsed solely upon said record Deed Document No. 2000- 0066683-000. Prepared by Lumos & Associates Inc Gregory S. Phillips, L.S. 7936 800 East College Pkwy - ;r Vo. 790r Carson City, NV 89706 Current A.P.N. 025-061-12-100 0�jIt 117 —57— EXHIBIT "B" All of that real property described in Grant Deed Document No. 2009-0011713-00 Recorded March 16, 2009, together with all that real property described in Executor's Deed Book 502, Page 70, Recorded December 7, 1959, Official Records of the County of EI Dorado, State of California. Current A.P.N.'s: 025-061-30-100 025-061-31-100 025-061-32-100 025-061-33-100 -58- JN 9005.000 EXHIBIT "C-1" All that certain real property situate within a portion of Section 3, Township 12 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of EI Dorado, State of California, being further described as a portion of Parcel 018569-01-01 in Deed Document No. 2000-0066683-00, Recorded December 28, 2000, Official Records of the County of EI Dorado, State of California, and being more particularly described as follows; BEGINNING at the northeast corner of that said Parcel 018569-01-01; THENCE southerly along the easterly line of said Parcel, South 030'00" East, 514.96 feet to the southeast corner of said Parcel; THENCE westerly along the southerly line of said Parcel, North 81'55'30" West, 20.23 feet to a point that is 20.00 feet westerly of, at right angles to, the easterly line of said Parcel; THENCE leaving said southerly line along a line that is 20.00 feet westerly of and parallel to the easterly line of said parcel, North 0°30'00" West, 208.14 feet; THENCE South 89030'00" West, 10.00 feet to a point that is 30.00 feet westerly of, at right angles to, the easterly line of said Parcel; THENCE along a line that is 30.00 feet westerly of and parallel to the easterly line of said parcel, North 0030'00" West, 276.30 feet; THENCE North 46059'22" East, 40.70 feet to the POINT OF BEGINNING and the end of this description. Containing 12,895 square feet, more or less. EXHIBIT "C-1" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to that said Parcel 018569-01-01 in Deed Document No. 2000-0066683-00, Recorded December 28, 2000, Official Records of the County of El Dorado, State of California Prepared by Lumos & Associates, Inc Gregory 5, Phillips, L.S. 7936 800 East College Pkwy Carson City, NV 89706 -59- N 46°59'22" E f 40.70' T� 30' SNOW STORAGE EASEMENT AREA 0 12,895± SQ. FT. N 0 of r� o1z A. P. N. 025-061-12-100 CALIFORNIA TAHOE CONSER VA NC Y 0. R. 2000-00,5663J-00 S 89°30'00" W 10.0000' 3.i o A, o e-111 111-7 -!� 20' N 81'55'30" W 20.23' A. P. N. 025-061-37-700 SOUTH TAHOE P. U. D. rn u� w n 0 0 r-) 0 A. P. N. 025--061-33--100 SOU TV TAHOE P. U. D. SOUTH TAHOE PUBLIC UTILITY DISTRICT Date: APRIL 2017 At,'. EXHIBIT "C-1" Scale; 1"=60' LUMOS SNOW STORAGE EASEMENT A.P.N. 025-061-12-100 P`''"`'`'''"A POROF SECJOb N0: 9005.000 225 KINGSBURY GRADE, SUITE A, P.O. BOX 3570 . . 3 , T.12N. R.18E. M.D.M. STATELINE, NEVADA 89449 PH. (775) 590-6498 FAX (775) 58&8479 EL DORADO COUNTY C.S,L,T. CALIFORNIA -60- JN 9005.000 EXHIBIT "C-2" All that certain real property situate within a portion of Section 3, Township 12 North, Range 18 East, M.D.M., City of South Lake Tahoe, County of EI Dorado, State of California, being further described as a portion of Parcel 018569-01-01 in Deed Document No. 2000-0066683-00, Recorded December 28, 2000, Official Records of the County of EI Dorado, State of California, and being more particularly described as follows: BEGINNING at the northeast corner of that said Parcel 018569-01-01; THENCE southerly along the easterly line of said Parcel, South 0°30'00" East, 306.53 feet; THENCE leaving said easterly line, South 89°30'00" West, 20,00 feet to a point that is 20.00 feet westerly of, at right angles to, the easterly line of said Parcel; THENCE along a line that is 20.00 feet westerly of and parallel to the easterly line of said Parcel, North 0°30'00" West, 286.67 feet; THENCE North 44°42'51" East, 28.18 feet to the POINT OF BEGINNING and the end of this description. Containing 5,932 square feet, more or less. EXHIBIT "C-2" attached hereto and made a part of. The BASIS OF BEARING for this description is identical to that said Parcel 018569-01-01 in Deed Document No. 2000-0066683-00, Recorded December 28, 2000, Official Records of the County of El Dorado, State of California _ y Prepared by Lumos & Associates, Inc Gregory S. Phillips, L.S. 7936 800 East College Pkwy Carson City, NW 89706 -61- A.P.N. 025-047-10-700 LAKE TAHOE COMMUNITY COLLEGE S 89°30'00" W " 20.00' �Itlll-7 A, P. N. 25-041-20-700 C.S.L. T V3 0 LiJ a A.P.N. 025-061-31-100 SOUTH TAHOE P. U. D. A, P. N. 025-061-33-100 SOUTH TAHOE P. U. 0, SOUTH TAHOE PUBLIC UTILITY DISTRICT Date: APRIL 2017 EXHIBIT "C-2" scale: V=60' LUMOS PROPOSED EASEMENT - A.P.N. 025-061-12-100 � AS;SC1C1A7 L'i3 ,lob No: 9005.000 225 KINGSBURY GRADE, SURE A, P.O. BOX 3570 A POR. OF SEC. 3, T.12N., R.18E., M.D.M. STA7ELINE,NEVADA 09449 PH. (775)588.0490 FAX (775) 598479 ELDORADO COUNTY C.S.L.T. CALIFORNIA —62— N 44'42'51 " E 28.18' EASEMENT AREA 5,932± SQ. FT. Cl N O o� 0 r� 0 z� A. P. N. -w-120' 025-061-12-700 CALIFOI?NIA TAHOE CONSERVANCY 0./?. 2000-006668J-00 S 89°30'00" W " 20.00' �Itlll-7 A, P. N. 25-041-20-700 C.S.L. T V3 0 LiJ a A.P.N. 025-061-31-100 SOUTH TAHOE P. U. D. A, P. N. 025-061-33-100 SOUTH TAHOE P. U. 0, SOUTH TAHOE PUBLIC UTILITY DISTRICT Date: APRIL 2017 EXHIBIT "C-2" scale: V=60' LUMOS PROPOSED EASEMENT - A.P.N. 025-061-12-100 � AS;SC1C1A7 L'i3 ,lob No: 9005.000 225 KINGSBURY GRADE, SURE A, P.O. BOX 3570 A POR. OF SEC. 3, T.12N., R.18E., M.D.M. STA7ELINE,NEVADA 09449 PH. (775)588.0490 FAX (775) 598479 ELDORADO COUNTY C.S.L.T. CALIFORNIA —62— PAYMENT OF CLAIMS FOR APPROVAL A 171 20, 2017 Payroll 4/11/2017 Total Payroll ADP & Insight eTools AFLAC/WageWorks claims and fees BBVA Compass Bank BHFS legal services CalPERS - other CDS - health care payments Total Vendor EFT Accounts Payable Checks -Sewer Fund Accounts Payable Checks -Water Fund Total Accounts Payable Grand Total 460,913.65 460,913.65 486.51 743.26 0.00 0.00 0.00 12,486.82 13, 716.59 404, 964.32 76,053.52 481,017.84 955, 648.08 Pavroi l EFTS & Checks 4/11/2017 EFT CA Employment Taxes & W/H 18,607.19 EFT Federal Employment Taxes & W/H 102,710.10 EFT CalPERS Contributions 67,815.00 EFT Empower Retirement -Deferred Comp 19,281.43 EFT Stationary Engineers Union Dues 2,564.58 EFT CDHP Health Savings (HSA) 1,897.64 EFT Retirement Health Savings 12,277.16 EFT United Way Contributions 181.00 EFT Employee Direct Deposits 232,710.52 CHK Employee Garnishments 1,104.45 CHK Employee Paychecks 1,764.58 Total 460,913.65 -63- C G� O O .-. 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Q ƒ t # ■ )/ O E ) § \ CL \ » ) gcn § § k \ § § R \ D z w U) 2 ■ < < r n - \ J \ a c c c / ( 7 R % ! Q ƒ t # E \ \ D z ) U) 2 < < r z z - \ J \ 2 ) LU \ E ® \ z ad § § § 2o k q $ § $ z w I LU a. w o 0 13 c c c / ( 7 R % ! Q ƒ t � \ D U) e < < °LU - \ J \ ) ƒ K \ k § § § 2o k q $ ) LU $ -77- c c c / ( 7 R % ! Q ƒ r -I I I I O O O O r -I O O O !I I !! I it A u LO M I r -I V O N Alk -�0 000000000 .I--, o 0 0 0 0 0 o o o 0 i N s N N ko M I O g� d � N H ' o N _ z z z � a 00 � CDo -78- TO: FROM: MEETING DATE: ITEM - PROJECT NAME: General Manager Richard H. 5olbrig n Outh hDirectors O � James Chris Cefalu R. Jones Randy Vogelgeeang 'ublic Utility District Kelly5heehan Duane Wallace 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150-7401 Phone 530 544-6474 - Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 13 a Board of Directors Tim Bledsoe, Customer Service Manager April 20, 2017 Conference with Legal Counsel - Existing Litigation 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: N/A COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: N/A CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -79- General Manager Richard H. Solbrig Directors Chris CePalu Ou Tahoe James R. Jones ��// Randy Vogelgesang Kelly Sheehanpublic Utility diE7tict Duane Wallace 1275 Meadow Crest Drive- South Lake Tahoe o CA 96150-7401 Phone 530 54446474 o Fax 530 541-0614 • www.stpud.u5 BOARD AGENDA ITEM 13b TO: Board of Directors FROM: Richard Solbrig, General Manager Paul Hughes, Chief Financial Officer Shannon Cotulla, Assistant General Manager MEETING DATE: April 20, 2017 ITEM - PROJECT NAME: Closed Session - New Union Memorandum of Understanding Contract Negotiations REQUESTED BOARD ACTION: Direct Staff DISCUSSION: Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with Stationary Engineers, Local 39. Present at this Closed Session will be Agency Negotiators: Richard Solbrig/General Manager; Paul Hughes, Chief Financial Officer; and Shannon Cotulla, Assistant General Manager. SCHEDULE: N/A COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: N/A CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES NO NO -81- CATEGORY: General General Manager Richard H. Solbrig Directors Chris Cefalu • 1�5d • James R. Jones South Randy esang Kellyelly ShSheehan Duane Wallace Public Utility District TO: 1275 Meadow Crest Drive • 5outh Lake Tahoe • CA 96150-7401 Phone 530 544-6474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 13c Board of Directors FROM: Richard Solbrig, General Manager Paul Hughes, Chief Financial Officer Shannon Cotulla, Assistant General Manager MEETING DATE: April 20, 2017 ITEM - PROJECT NAME: Closed Session - New Management Memorandum of Understanding Contract Negotiations REQUESTED BOARD ACTION: Direct Staff DISCUSSION: Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with the Management Group. Present at this Closed Session will be Agency Negotiators: Richard Solbrig/General Manager; Paul Hughes, Chief Financial Officer; and Shannon Cotulla, Assistant General Manager. The current Management MOU ends June 30, 2017. SCHEDULE: N/A COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: N/A CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES 2191 NO -83- CATEGORY: General