07-18-2019 SOUTH TAHOE PUBLIC UTILITY DISTRICT
REGULAR BOARD MEETING AGENDA
Thursday, July 18, 2019 - 2:00 p.m.
District Board Room
1275 Meadow Crest Drive, South Lake Tahoe, California
Randy Vogelgesang, President BOARD MEMBERS Kelly Sheehan, Vice President
Chris Cefalu, Director James R. Jones, Director Nick Exline, Director
John Thiel, General Manager Shannon Cotulla, Assistant General Manager
1. CALL TO ORDER REGULAR MEETING – PLEDGE OF ALLEGIANCE (At this time, please silence phones and
other electronic devices so as not to disrupt the business of the meeting.)
2. COMMENTS FROM THE AUDIENCE (This is an opportunity for members of the public to address the Board on
any short non-agenda items that are within the subject matter jurisdiction of the District. No discussion or action can
be taken on matters not listed on the agenda, per the Brown Act. Each member of the public who wishes to
comment shall be allotted five minutes, and no more than three individuals shall address the same subject.)
3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR (For purposes of the Brown Act, all Action and
Consent items listed give a brief description of each item of business to be transacted or discussed.
Recommendations of the staff, as shown, do not prevent the Board from taking other action.)
4. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately
upon request. Comments and questions from members of the public, staff or Board can be taken when the
comment does not necessitate separate action.)
5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION/ACTION
6. PRESENTATION:
a. Award Government Finance Officers Certificate of Achievement of Excellence in
Financial Reporting (President Vogelgesang)
7. ITEMS FOR BOARD ACTION
a. Larch Avenue Sewer Pipeline Emergency Repair
(Julie Ryan, Engineering Department Manager)
Continue or terminate emergency action to replace approximately 100 linear feet of
sewer pipe on Larch Avenue near Sonora Avenue pursuant to Resolution No. 3114-19,
depending on the status of the repair work.
b. 2018 Water and Sewer System Improvements Project
(Julie Ryan, Engineering Department Manager)
Approve Change Order No. 1 to Thomas Haen Company in the amount of $152,413.04.
REGULAR BOARD MEETING AGENDA – July 18, 2019 PAGE – 2
c. Solar Energy and Economic Development Memorandum of Understanding
(Shelly Thomsen, Public Affairs and Conservation Manager)
Approve the Memorandum of Understanding between the District and The Sustainable
Energy and Economic Development Fund, administered by Strategic Energy
Innovations, and authorize staff and legal counsel to negotiate and incorporate final
terms and conditions.
d. Approve Payment of Claims (Debbie Henderson, Accounting Manager)
The Payment of Claims was not available when this Agenda was published due to the
extended Fiscal Year invoice processing. It will be distributed prior to and at the July 18
Board Meeting.
8. STANDING AND AD-HOC COMMITTEE REPORTS (Discussions may take place; however, no action will be
taken.)
9. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.)
10. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT
11. GENERAL MANAGER REPORT (Discussion may take place; however, no action will be taken.)
a. Staffing Update
b. Tahoe Resource Conservation District
c. Tahoe Regional Planning Agency Advisory Planning Commission
d. Tahoe Interagency Executives Steering Committee
12. STAFF/ATTORNEY REPORTS (Discussions may take place; however, no action will be taken.)
a. Workers’ Compensation Renewal (Nancy Hussmann, Human Resources Director)
b. Rate Increase Update (Tim Bledsoe, Customer Service Manager)
c. Public Affairs Update (Shelly Thomsen, Public Affairs/Conservation Manager)
13. NOTICE OF PAST AND FUTURE MEETINGS/EVENTS
Past Meetings/Events
07/03/19 – 9:00 a.m. Special Board Meeting at the District
07/15/19 – 3:30 p.m. Operations Committee Meeting at the District
07/18/19 – 10:00 a.m. Ad-Hoc City Council Committee Meeting at the City
07/18/19 – 1:00 p.m. Finance Committee Meeting at the District
Future Meetings/Events
08/01/19 - 2:00 p.m. Regular Board Meeting at the District
14. ITEMS FOR CLOSED SESSION (The Board will adjourn to Closed Session to discuss items identified below. Closed
Session is not open to the public; however, an opportunity will be provided at this time if members of the public
would like to comment on any item listed – three minute limit.)
a. Pursuant to Government Code Section 54956.9(d)(2)/Conference with Legal Counsel
regarding Significant Exposure to Litigation (one case).
ADJOURNMENT (The next Regular Board Meeting is Thursday, August 1 , 2019, at 2:00 p.m.)
REGULAR BOARD MEETING AGENDA – July 18, 2019 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 – July 18, 2019 PAGE – 4
SOUTH TAHOE PUBLIC UTILITY DISTRICT
CONSENT CALENDAR
Thursday, July 18, 2019
ITEMS FOR CONSENT
a. TEMPORARY GRANTS ASSISTANT POSITION
(Lynn Nolan, Grants Coordinator)
Approve Purchase Order for Blue Ribbon Personnel Services for a Temporary Grants Assistant in
the estimated amount of $32,000.
b. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM REQUIRED PAY LISTING BY POSITION
(Debbie Henderson, Accounting Manager)
Adopt Resolution No. 3115-19 which incorporates the Pay Listing by Position for the pay listing
effective June 27, 2019.
c. DIAMOND VALLEY DITCH SIPHON REHABILITATION
(Trevor Coolidge, Associate Engineer and Jim Hilton, Water Reuse Manager)
Authorize staff to advertise for bids for the Diamond Valley Ditch Siphon Rehabilitation Project.
d. 2019 HEAVENLY TANK IMPROVEMENTS PROJECT-SITE USE AGREEMENT
(Brent Goligoski, Associate Engineer)
Approve the Site Use Agreement between The Vail Corporation and South Tahoe Public Utility
District.
e. TYLER NEW WORLD FINANCIAL SOFTWARE
(Paul Hughes, Chief Financial Officer)
Approve an increase to Purchase Order No. 2018-34 for Tyler New World Financial Software in
an amount not to exceed $40,000.
f. CALIFORNIA TAHOE ALLIANCE COST SHARING FOR STATE LOBBYING AND CONSULTING SERVICES
(John Thiel, General Manager)
Approve proposed Scope of Work from Sierra Business Council for lobbying and consulting
services in an amount not to exceed $17,000.
g. SPECIAL BOARD MEETING MINUTES: JULY 3, 2019
(Melonie Guttry, Executive Services Manager/Clerk of the Board)
Approve, July 3, 2019, Minutes
BOARD AGENDA ITEM 4a
TO: Board of Directors
FROM: Lynn Nolan, Grants Coordinator
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: Temporary Grants Assistant Position
REQUESTED BOARD ACTION: Approve Purchase Order for Blue Ribbon Personnel
Services for a Temporary Grants Assistant in the estimated amount of $32,000.
DISCUSSION: Due to an extremely heavy workload in applying for grant funds and
managing current grant awards, staff requests that the Board authorize payment to
Blue Ribbon Personnel Services for continued services of a Temporary Grant Assistant
position from July 1, 2019, through June 30, 2020. This temporary position will assist the
Grants Coordinator with seeking and applying for grant funding as well as managing
current grant awards. This is a part-time position not to exceed 19 hours per week or a
total of 999 hours in the fiscal year.
SCHEDULE: July 1, 2019, through June 30, 2020
COSTS: $32,000
ACCOUNT NO: 2050-4405; 1050-4405
BUDGETED AMOUNT AVAILABLE: $30,500
ATTACHMENTS: None
___________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer/Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
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BOARD AGENDA ITEM 4b
TO: Board of Directors
FROM: Debbie Henderson, Accounting Manager
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: California Public Employees’ Retirement System Required
Pay Listing by Position
REQUESTED BOARD ACTION: Adopt Resolution No. 3115-19 which incorporates the Pay
Listing by Position for the pay listing effective June 27, 2019.
DISCUSSION: California Public Employees’ Retirement System (CalPERS) requires each
revision of a combined salary schedule listing all positions at the District be formally
adopted by the Board of Directors. The listing must be retained by the District and must
be available for public inspection for not less than five (5) years. This revision addresses
several position title changes as well as salary adjustments for the negotiated
compensation study implementation and COLA effective June 27, 2019.
SCHEDULE: Post Pay Listing by Position effective June 27, 2019, on website following
approval
COSTS: N/A
ACCOUNT NO: N/A
BUDGETED AMOUNT AVAILABLE: N/A
ATTACHMENTS: Resolution No. 3115-19, Pay Listing by Position for effective date
June 27, 2019
_____________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
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RESOLUTION NO. 3115-19
A RESOLUTION BY THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT FORMALLY
ADOPTING PAY LISTING BY POSITION FOR THE
EFFECTIVE DATE OF JUNE 27, 2019
WHEREAS, the Board of Directors of South Tahoe Public Utility District and the
Board of Administration of California Public Employees’ Retirement System entered into
a Contract, effective June 19, 2003, and amended effective April 19, 2007, providing for
the participation of said public agency in the California Public Employees’ Retirement
System; and,
WHEREAS, the Government Code and CCR, Title 2, Section 570.5 requires that
one combined pay schedule, adopted by the Board of Directors, for every employee
position, including the Board of Directors, be made available for public inspection and
retained for not less than five years; and
WHEREAS, the South Tahoe Public Utility District Pay Listing by Position for the
effective dates of June 27, 2019, is incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of South Tahoe
Public Utility District hereby formally adopts the above-mentioned Pay Listing by Position
for the effective date of June 27, 2019.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution 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 18th day of July, 2019,
by the following vote:
AYES:
NOES:
ABSENT:
_____________________________________
Randy Vogelgesang, Board President
South Tahoe Public Utility District
ATTEST: _________________________________
Melonie Guttry, Clerk of the Board
South Tahoe Public Utility District
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Trevor Coolidge
July 18, 2019
Page 2
BOARD AGENDA ITEM 4c
TO: Board of Directors
FROM: Trevor Coolidge, Associate Engineer
Jim Hilton, Water Reuse Manager
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: Diamond Valley Ditch Siphon Rehabilitation
REQUESTED BOARD ACTION: Authorize staff to advertise for bids for the Diamond Valley
Ditch Siphon Rehabilitation Project.
DISCUSSION: The District delivers irrigation water via the Diamond Valley Ditch in Alpine
County to fulfill water delivery agreements and export treated effluent from Harvey
Place Reservoir. The Diamond Valley Ditch relies on an inverted siphon to transport
water across Diamond Valley under Indian Creek. The inverted siphon consists of two
pipes; one that is more than 50 years old that has been taken offline following a leak,
and a second pipe installed in 1987 that remains in service. Due to the critical nature of
the Diamond Valley Ranch water delivery system, rehabilitation of the older 24-inch
diameter steel pipeline is needed to provide a backup for distribution and water reuse.
Staff has evaluated rehabilitation options, including slip lining, cured-in-place pipe lining
(CIPP), and cut-and-cover replacement of the 24-inch line. CIPP represents the fastest
and most cost effective option due to the anticipated useful life (50 years), ease of
permitting (no permits required), and level of conveyance maintained (minimal
reduction in pipe size). The CIPP work is anticipated to be completed in October 2019
in advance of the 2020 irrigation season. The Engineer’s Estimate to line 800 linear feet
of 24-inch pipe is $265,000. The estimate reflects a CIPP lining that does not result in the
release of styrene during curing and is capable of handling 45 pounds per square inch
of pressure as the inverted siphon passes under Indian Creek; pricing is based on similar
projects in El Dorado County.
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
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Trevor Coolidge
July 18, 2019
Page 2
Staff recommends that the Board authorize staff to advertise for the Diamond Valley
Ditch Siphon Rehabilitation Project.
This item has been reviewed by the District’s Purchasing Agent.
SCHEDULE: As soon as possible
COSTS: $265,000 (estimate)
ACCOUNT NO: 1030-8086
BUDGETED AMOUNT AVAILABLE: $180,000
ATTACHMENTS: N/A
___________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
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Brent Goligoski
Page 2
July 18, 2019
BOARD AGENDA ITEM 4d
TO: Board of Directors
FROM: Brent Goligoski, Associate Engineer
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: 2019 Heavenly Tank Improvements Project-Site Use Agreement
REQUESTED BOARD ACTION: Approve the Site Use Agreement between The Vail Corporation
and South Tahoe Public Utility District.
DISCUSSION: The Board approved the award of the 2019 Heavenly Tank Improvements
Project at the June 6, 2019, Board meeting. The District’s existing easement allows for work at
the tank site; however, due to the limited space at the tank site for staging of materials and
equipment, District staff has pursued a Site Use Agreement with The Vail Corporation for the
following:
• Use of a portion the California Lodge lower parking lot for staging
• Access to on-mountain roads for travel to the Heavenly Tank
• Access to power supply near the Heavenly Tank
Per the attached Site Use Agreement, the Site Use Fee has been waived. However, there is a
section in the Agreement that allows for reimbursement of any costs incurred by The Vail
Corporation related to the permitted use. Any costs incurred by the District will be passed on
to the contractor.
SCHEDULE: Upon Board approval
COSTS: None expected
ACCOUNT NO: 2030-8930
BUDGETED AMOUNT AVAILABLE: <$148,255>
ATTACHMENTS: Site Use Agreement and Map of Designated Storage Area
__________________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer/Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
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Rev.051818
SITE USE AGREEMENT
This Site Use Agreement (“Agreement”) is made on July 18, 2019, (“Effective Date”)
between The Vail Corporation, a Colorado corporation (“Company”) and the company or
organization whose information appears on Exhibit A (“Permittee”).
BACKGROUND
A. Company and/or its affiliates own or operate certain ski resorts and lodging properties
throughout the United States and Canada (each, a "Resort").
B. Permittee desires to access certain portions of property located at the Resort (the
“Premises”) as more particularly set forth on Exhibit A.
AGREEMENT
The parties agree:
1. SCOPE OF USE. Permittee may access the Premises solely for the purposes described
on Exhibit A (“Permitted Use”). Permittee, with Company’s prior written approval, may
erect certain temporary structures as necessary or desirable in connection with the
Permitted Use. The Permitted Use is limited to the Premises and does not include any
other property owned or operated by Company without Company’s prior written consent.
Permittee is specifically prohibited from selling or serving beer, wine or spirituous liquors,
unless Permittee has separately contracted with Company food and beverage services.
If applicable, Company or its affiliate will be responsible for providing, serving,
dispensing, selling or otherwise distributing all alcoholic beverages on the Premises and
will be responsible for controlling the Premises in accordance with applicable liquor laws.
2. PERMITTEE’S OBLIGATIONS.
2.1. In connection with the Permitted Use, Permittee will use its best efforts to
ensure the Premises are maintained in a clean and presentable condition acceptable to
Company and the Permitted Use will not interfere in any manner with Company’s use of
the Premises. Permittee will comply with all Company instructions with respect to the
Permitted Use and will use its best efforts to (i) avoid damage to vegetation and
landscaping; and (ii) maintain adequate control of erosion, runoff and drainage.
Permittee will not cause or allow disruption of or interference with pedestrian or vehicular
traffic within the Premises or the Resort without Company’s prior written approval.
2.2. Permittee understands and acknowledges that hazardous substances are
not allowed to be brought onto or discharged at the Premises by Permittee or any other
party entering the Premises in connection with the Permitted Use. If any hazardous
substances (including without limitation petroleum products) are brought onto or
discharged at the Premises in violation of this Section, Permittee will be solely
responsible for all clean-up and remediation in accordance with all applicable laws and
regulations, including without limitation, environmental laws and regulations. The
Permittee will immediately notify the Company if any hazardous substances are brought
onto or discharged at the Premises, and will indemnify and defend Company against all
claims resulting from the same.
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Rev.051818 2
3. SITE USE FEE; PAYMENT. Unless otherwise agreed to in writing by the parties,
Permittee is responsible for all costs associated with the Permitted Use. Upon execution
of this Agreement, Permittee will pay the site use fee (the “Site Use Fee”) set forth on
Exhibit A, if any. If Company incurs any costs related to the Permitted Use, Company
will submit an invoice to Permittee, and Permittee will pay the invoice upon receipt. Any
invoice not paid when due will accrue interest at the rate of 18% per annum from the
date of invoice until the account is paid in full. Permittee will pay all costs and expenses
Company may incur in connection with the collection of Permittee’s delinquent account
including reasonable attorneys’ fees, court costs and agency fees.
4. INTELLECTUAL PROPERTY. Company’s trademarks, names, logos and other
intellectual property (collectively, the “Company IP”) are the sole property of Company
or its subsidiaries and affiliates and, except as specifically authorized by this Agreement,
Permittee does not have any right, title or interest in any of the Company IP. Permittee
acknowledges that (i) all of the Company IP have great value and good will; and (ii) if
Permittee breaches this Section, injury to Company would be irreparable and injunctive
relief to protect Company’s interests would be appropriate, without limiting Company’s
other remedies allowed by law. Permittee will not use any Company IP without obtaining
prior written permission from Company. Any Company trademarks used by Permittee
must be accompanied by adequate notification of Company’s ownership including proper
usage of the ™ and/or the ® symbols, as appropriate.
5. INSURANCE.
5.1. Permittee will carry and maintain, at its sole cost, the following insurance
policies with insurance companies with an AM Best Rating of no less than A- VII and on
forms satisfactory to Company:
(i) Commercial general liability insurance in an occurrence format in an
amount of $1,000,000 per occurrence and $2,000,000 in the aggregate,
covering liability arising out of premises operations, personal and
advertising injury, products-completed operations, contractual liability and
independent contractors. This policy must not contain any participant or
spectator exclusions.
(ii) if the Permitted Use requires Permittee’s use of a vehicle other than in a
parking lot, commercial or comprehensive auto liability insurance with a
limit of insurance no less than $1,000,000 combined single limit each
accident for bodily injury and property damage covering “any auto”
whether owned, non-owned, scheduled, leased or hired. (iii) Workers’
Compensation insurance if required by applicable law.
5.2. Permittee’s insurance required by subsections (i) and (ii) will be primary
and noncontributory to any insurance held by Company and its affiliates and, except for
Workers’ Compensation, the policies will include a waiver of subrogation and will name
Company and the Forest Service, if applicable, as additional insured. Permittee will (i)
provide Company with certificates of insurance evidencing the policies listed above upon
execution of this Agreement; and (ii) provide Company with a copy of any carrier notice
of cancellation or notice of material changes to policy conditions within five business
days after the notice is received.
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Rev.051818 3
6. SUBCONTRACTORS. If Permittee engages any subcontractors in connection with this
Agreement, Permittee will contractually obligate those subcontractors to comply with the
terms of this Agreement.
7. INDEMNIFICATION. Permittee will defend and indemnify Company, each of its affiliated
entities, and their respective employees, officers, directors, owners, agents and
assignees and each of their successors-in-interest (each, an “Indemnified Party”) from
all losses, damages or liabilities in any way arising from Permittee or its subcontractors’
use of the Premises or their acts or omissions. Permittee releases and will indemnify
each Indemnified Party from liability for any injuries and losses to Permittee or its
employees, officers, directors, owners, affiliates, agents and assignees and each of their
successors-in-interest in any way arising from this Agreement except to the extent
arising from an Indemnified Party’s gross negligence or willful misconduct. Upon notice
from an Indemnified Party claiming indemnity for a claim or threatened claim, and upon
Company’s written request, Permittee will assume defense of the claim and retain
counsel reasonably satisfactory to Indemnified Party. Indemnified Party will cooperate
as reasonably requested in the defense and any costs and expenses incurred by
Indemnified Party will be reimbursed by Permittee. Permittee will have the sole authority
to settle any indemnified claim; provided, however, that Permittee will first obtain written
consent from Company for any settlement that requires an Indemnified Party to pay any
money, or take, or refrain from taking, any action. Company may participate in the
defense of any indemnified claim with counsel of its choice, at its own expense If
Permittee does not assume defense of the claim, Indemnified Party may retain counsel
of its choice at Permittee’s expense and Indemnified Party will have control over the
defense and authority to resolve the claim. This Section will survive any termination or
expiration of this Agreement.
8. LICENSES, APPROVALS AND PERMITS. Unless otherwise agreed in writing by the
parties, Permittee must obtain, at its own cost, all licenses or permits that may be
required in connection with the Permitted Use. If the Permitted Use is related to a
construction project, the Permittee will secure and provide copies to Company of all
licenses, permits and approvals required by law or any governmental or regulatory
agencies applicable to the Permitted Use in connection with the construction project.
Such licenses, permits and approvals will be in the form and substance reasonably
satisfactory to Company. Any violation of this Section will be grounds for immediate
termination of this Agreement.
9. TERM; TERMINATION. This Agreement starts on the Effective Date and will expire at
the conclusion of the Permitted Use as set forth on Exhibit A (the “Term”). Company
may terminate this Agreement for any reason by providing seven days’ prior written
notice to Permittee. At the end of the Term or upon termination of this Agreement for
any reason, Permittee will vacate the Premises. At the end of the Term, at the direction
of Company, Permittee will, at its expense, take all action necessary to return the
Premises to the condition it was in at the start of the Permitted Use.
10. EQUIPMENT. Permittee may use its own equipment in connection with the Permitted
Use; provided, that Permittee will bear the burden of all misuse or wear and tear and
risks of loss or damage to its equipment used in connection with this Agreement or
brought onto the Premises for any purpose.
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11. GENERAL PROVISIONS.
11.1. Publicity. Permittee may not issue a press release or make a public
statement concerning this Agreement or its subject matter without the prior written
approval of Company’s Vice President of Communications.
11.2. Compliance with Law. Permittee will comply with all applicable laws,
ordinances, rules and regulations applicable to the Permitted Use and will comply with all
Resort policies in effect during the Term. Without limitation on the foregoing, Permittee
specifically agrees that Permittee will be solely responsible for complying with the
Occupational Safety and Health Act, and any similar federal, state or local laws, rules
and regulations pertaining to workplace safety.
11.3. Authority. Each party warrants that (i) it has the authority to enter into and
perform this Agreement; and (ii) execution or performance of this Agreement does not
breach any other agreement.
11.4. Force Majeure. Neither party will be deemed to be in default for any
delay or failure to perform any of its obligations under this Agreement to the extent that
the delay or failure to perform results directly from an occurrence that is not reasonably
foreseeable, caused by, or under the control of, the performing party, and occurs despite
reasonable efforts to prevent, avoid, delay or mitigate the effect of that occurrence,
including (i) acts of God, fire, flood, explosion or extraordinary and destructive weather
conditions directly affecting the performing party; (ii) injunctions; (iii) restraint or acts of
domestic government; or (iv) terrorism, war, sabotage, vandalism, accident, civil disorder
or riots occurring within the United States or directly affecting the performing party.
11.5. Governing Law; Jurisdiction and Venue. This Agreement, and all claims
that arise out of or relate to this Agreement, will be governed by the laws of the State
where the applicable Resort is located, including its statutes of limitations, without regard
to conflicts of laws principles. Exclusive jurisdiction and venue for any legal action under
this Agreement is the State District Court or the U.S. District Court in whose county or
district the Resort is located.
11.6. Jury Waiver. The parties waive their rights to trial by jury in any legal
action under this Agreement.
11.7. Remedies Cumulative. The rights and remedies in this Agreement are
cumulative and are in addition to all rights and remedies available under law (unless
waived in this Agreement). By exercising any right or remedy a party does not waive
any other available right or remedy.
11.8. Severability. If any provision of this Agreement is deemed to be illegal,
invalid, or unenforceable, that provision will be excluded to the extent of the invalidity or
unenforceability, and all other provisions will remain in full force and effect. To the extent
permitted, the invalid or unenforceable provision will be deemed replaced by a provision
that is valid and enforceable and that comes closest to expressing the intention of the
invalid or unenforceable provision.
11.9. Attorneys' Fees. If a party substantially prevails in any legal action under
this Agreement the non-substantially prevailing party must pay the reasonable attorneys'
fees, experts’ fees, costs and expenses of the substantially prevailing party.
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11.10. Notices. All notices under this Agreement will be in writing and delivered
to the notice address below: (i) by registered, express, or certified mail; (ii) by courier or
messenger service; or (iii) by electronic mail with acknowledgement of receipt. Notice is
deemed given on the date received or, if acceptance is refused, the date of attempted
delivery. Either party may change its notice address by following the requirements in
this Section.
If to Company: the applicable Resort as listed on Exhibit A
With a copy to: Vail Resorts Management Company
Attn: Legal Dept., Box I-88
390 Interlocken Crescent
Broomfield, Colorado 80021
E-mail: legalnotices@vailresorts.com
If to Permittee: See Exhibit A
11.11. Survival. The provisions of this Agreement that, by their nature, are
intended to survive expiration or termination of this Agreement, including any
indemnification or confidentiality obligations, will survive.
11.12. Amendment. The parties may alter this Agreement only by written
amendment signed by the parties.
11.13. Further Assurances. If reasonably requested, each party will sign and
deliver any document or take other action necessary to carry out the intent of or to
perfect any of the rights granted in this Agreement.
11.14. Time of the Essence. Time is of the essence with regard to all dates and
time periods in this Agreement.
11.15. Captions. The captions of each section are for reference only and do not
affect the interpretation of this Agreement.
11.16. No Presumption Against Drafter. This Agreement expresses the mutual
intent of the parties. Each party has had the opportunity to consult with counsel. Any
rule of construction that ambiguities will be resolved against the drafting party does not
apply.
11.17. Relationship of Parties. Nothing in this Agreement creates a partnership,
joint venture, or similar relationship between the parties. Neither party may bind the
other party or hold itself out as having authority to bind the other party.
11.18. Third-Party Beneficiary. This Agreement is for the sole benefit of the
parties and their successors and permitted assigns, and no other person or entity has
any right under this Agreement except to the extent identified in this Agreement.
11.19. Assignment; Successors. Permittee may not assign or delegate its rights
or duties under this Agreement. This Agreement is binding on the successors and
permitted assigns of either party.
14
Rev.051818 6
11.20. Entire Agreement. This Agreement contains the entire understanding
between the parties relating to the subject matter described herein and supersedes all
prior agreements, whether written or oral, relating to the same subject.
11.21. Counterparts. This Agreement may be executed in counterparts, which
taken together form one agreement. Signatures provided by facsimile or other electronic
methods are equivalent to original signatures.
The parties have executed this Agreement as of the Effective Date.
THE VAIL CORPORATION
Heavenly Valley, Limited Partnership
PERMITTEE
South Tahoe Public Utility District
By: ___________________________
By: __________________________
Name: Mike Goar Name: Randy Vogelgesang
Title: VP & COO Title: Board President
15
Rev.051818
EXHIBIT A
Permitted Use; Site Fee
Permittee Contact Information Company Contact Information
Name: South Tahoe Public Utility
District
Heavenly Valley, Limited
Partnership
Address: 1275 Meadow Crest Drive Address: 224 Kingsbury Grade
P.O. Box 2180
South Lake Tahoe, CA 96150 Stateline, NV 89449
Phone: (530)543-6209 Phone: (530)542-5193
Email: Bgoligoski@stpud.dst.ca.us Email: jgrant@vailresorts.com
Dates of Permitted Use: July 18, 2019 – November 30, 2019
Permitted Use: Permittee shall be permitted access to California Lodge lower parking lot for
storage of equipment, access to on-mountain roads for travel to water tank, and access to
power supply near water tank. Permittee acknowledges that the Resort may perform repairs
and maintenance on the California Lodge parking lot during the dates of Permitted Use, during
which time Permittee may be unable to access certain areas of the California Lodge parking lot.
Premises Description: The Resort's California Lodge lower parking lot(see map for specific
use area) and the on-mountain access road behind California Lodge to their water tank located
near the top of First Ride chairlift.
Additional Restrictions or Instructions:
1. Permittee will need access to on-mountain roads and will need to read the on-mountain
access procedures and complete the application with Heavenly Dispatch.
2. Permittee will need to check-in with Dispatch before entering and after exiting the
mountain.
3. Permittee is requesting access to power through the Resort’s snowmaking system.
Permittee will need to meet with the manager of Heavenly's Snowmaking Department,
about possible locations. If there are any alterations that need to be made to access the
power, Permittee will need a professional electrician to make the alterations and restore
the site to its original condition.
Site Use Fee: Waived
16
Designated storage area for South Tahoe Public Utility District (in red)
3860 Saddle Rd South Lake Tahoe CA 96150
17
BOARD AGENDA ITEM 4e
TO: Board of Directors
FROM: Paul Hughes, Chief Financial Officer
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: Tyler New World Financial Software
REQUESTED BOARD ACTION: Approve an increase to Purchase Order No. 2018-34 for
Tyler New World Financial Software in an amount not to exceed $40,000.
DISCUSSION: On March 17, 2017, the Board approved the purchase of the Tyler New
World Financial Software for $318,000 to replace the 29 year old IFAS system which was
unstable and no longer supported by the vendor. The transition has been lengthy and
challenging but overall successful. The original purchase price included training and
travel expenses for Tyler New World staff based in Michigan, but as the implementation
progressed it was obvious that the District would benefit from, and require additional
onsite training to facilitate the transition. Three additional onsite trainings and multiple
remote trainings have occurred to assist with asset conversion, inventory conversion,
purchase order processes, integrations with other District systems, and other
miscellaneous topics associated with the financial management system. The additional
training has not only provided knowledge associated with the financial system, but has
provided general Tyler New World knowledge that will benefit the future conversions of
utility billing, payroll and human resources.
District staff recommends approving an increase to Purchase Order No. 2018-34 for Tyler
New World Financial Software in an amount not to exceed $40,000.
SCHEDULE: N/A
COSTS: Not to exceed $40,000
ACCOUNT NO: 1050-8769
BUDGETED AMOUNT AVAILABLE: $306,000
ATTACHMENTS: N/A
___________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer/Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
18
John Thiel
Page 2
July 18, 2019
BOARD AGENDA ITEM 4f
TO: Board of Directors
FROM: John Thiel, General Manager
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: California Tahoe Alliance Cost Sharing for State Lobbying
and Consulting Services
REQUESTED BOARD ACTION: Approve proposed Scope of Work from Sierra Business
Council for lobbying and consulting services in an amount not to exceed $17,000.
DISCUSSION: A coalition of agencies in the Lake Tahoe Basin have formed the
California Tahoe Alliance (CTA) to share a Scope of Work with Sierra Business Council
(SBC) and Houston Magnani and Associates as their subconsultant for lobbying,
advocacy, and consulting services on a variety of state funds. The Alliance includes El
Dorado and Placer Counties, North Tahoe Public Utility District (NTPUD), Tahoe City
Public Utility District (TCPUD), Tahoe Resource Conservation District (TRCD), Tahoe
Regional Planning Agency (TRPA), California Tahoe Conservancy (CTC), the Tahoe
Fund, and the League to Save Lake Tahoe.
The Scope of Work includes meeting with state legislators to advocate for funding for
the Tahoe Basin, influencing guidelines for funding from a variety of state agencies, and
working with the CTA to advocate for proposed projects for funding. This would support
funding needs for water quality and supply projects, projects for fire infrastructure, and
environmental protection through sewer improvement projects.
The CTA has been successful in increasing the profile of the Tahoe Basin at the capital,
educating state legislators on Tahoe issues, and forging relationships with legislators
without previous connections to Tahoe. With Board approval, the District will continue
this effective relationship with our regional partners. One of the biggest advantages of
the CTA is that the partners are speaking with one Tahoe voice in Sacramento which
really amplifies the message and shows that the CTA is working well together.
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
19
John Thiel
Page 2
July 18, 2019
Upon Board approval, staff will work with counsel and SBC to complete a Master
Services Agreement and Task Order not to exceed $17,000 for the period of August
2019 through December 2020.
SCHEDULE: Services provided from August 2019 through December 2020
COSTS: Not to exceed $17,000
ACCOUNT NO: 10.30.4405/20.30.4405
BUDGETED AMOUNT AVAILABLE: $1,024,139
ATTACHMENTS: Sierra Business Council Scope of Work
___________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer/Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
20
DATE: April 29, 2019
TO: South Tahoe Public Utility District (acting as a member of the California
Tahoe Alliance)
FROM: Chris Mertens, Government Affairs Director, Sierra Business Council
RE: Scope of Work for Sierra Business Council on Behalf of South
Tahoe Public Utility District (acting as a member of the California
Tahoe Alliance)
1. Purpose & Overview
The purpose of this document is to provide a Scope of Work for Sierra Business
Council (SBC) and subcontractor Houston Magnani and Associates (HMA) on behalf
of the South Tahoe Public Utility District (STPUD). SBC’s contract will be with
STPUD but SBC’s activities will support the goals of the broader California Tahoe
Alliance (CTA), of which STPUD is a member. SBC’s activities will focus on securing
funding for natural resource protection, water supply and water quality, and climate
resilience priorities in the Lake Tahoe Basin through a future bond fund. The work
will support the collective legislative advocacy of the CTA in Sacramento.
Based in Truckee, SBC is a non-profit network of more than 4,000 business, local
government, and community partners working together to foster vibrant, livable
communities in the Sierra Nevada. SBC’s Government Affairs Department has over
10 years of experience engaging on state and federal policies affecting the Sierra
Nevada region.
Formed in 1980, HMA is one of Sacramento’s oldest and well-respected government
relations and advocacy firms. Doug Houston is recognized statewide as one of the
principal spokespersons for local and regional parks in the state. In his capacity as a
lobbyist, Mr. Houston was the principal local parks advocate on Propositions 12, 40,
and 68 resource bonds and has an intimate knowledge of the funding provisions
contained in these acts.
2. Roles & Responsibilities
SBC will be the primary contact for activities falling under this Scope of Work. SBC
will serve as the liaison between CTA members (including STPUD) and HMA. SBC
will be responsible for ongoing communications with HMA regarding CTA priorities,
providing updates on progress to CTA, and working with HMA to fulfill any Fair
Political Practices Commission reporting requirements.
3. Duration
Sierra Business Council | www.SierraBusiness.org | (530) 582-4800 | PO Box 2428 Truckee, CA 96160
21
This Scope of Work will be effective through December, 2020. This term includes the
2019-20 Legislative Session and November 2020 general election.
4. Scope of Work
The Scope of Work is as follows:
Build on the work to date of the CTA by advocating for state funding to
support the Lake Tahoe Environmental Improvement Program (EIP), water
quality and water supply projects, and climate resilience and adaptation
projects in the Lake Tahoe Basin. Potential mechanisms to deliver this
funding include: bonds, greenhouse gas reduction fund, special funds,
general fund, and other sources.
Provide regular updates to CTA members and/or subcommittees on progress
toward meeting objectives.
5. Personnel
Primary:
o Chris Mertens, Government Affairs Director, Sierra Business Council
o
Support:
o Doug Houston, President and Legislative Advocate, Houston Magnani
and Associates
o Nikki Caravelli, Program Manager, Sierra Business Council
o John Plaggmier, Project Manager, Sierra Business Council
o Laura Cottrell, Executive Assistant, Houston Magnani and Associates
6. Amount & Payment
Contract to be paid at the rate of $1,000 per month as services are rendered as
agreed, through December 2020.
We look forward to working with you in pursuing these objectives.
Sincerely,
Steve Frisch
President
Sierra Business Council
22
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Randy Vogelgesang, President BOARD MEMBERS Kelly Sheehan, Vice President
Chris Cefalu, Director James R. Jones, Director Nick Exline, Director
John Thiel, General Manager Shannon Cotulla, Assistant General Manager
SPECIAL MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
July 3, 2019
MINUTES
The South Tahoe Public Utility District Board of Directors met in a regular session, 9:07 a.m., at the
District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California.
ROLL CALL:
Board of Directors: President Vogelgesang, Directors Cefalu, Jones, Sheehan, Exline
Staff: John Thiel, Paul Hughes, Shannon Cotulla, Gary Kvistad, Melonie Guttry, Jim Hilton, Star Glaze,
Julie Ryan, Mike Chieffo, Doug VanGorden, Bren Hoyle, Stephen Caswell, Shelly Thomsen,
Debbie Henderson
CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR:
Director Exline requested he be included on the review for Item 4a.
Director Sheehan arrived at 9:09 a.m.
CONSENT CALENDAR:
Moved Exline/Second Exline/Vogelgesang Yes/Cefalu Yes/Jones Yes/Sheehan Yes/Exline Yes to
approve the Consent Calendar as presented.
a. CLIMATE ADAPTATION PLAN DEVELOPMENT
(Lynn Nolan, Grants Coordinator)
Approved the Scope of Work for Kennedy Jenks, Inc., to develop a Climate Adaptation Plan
related to the 10-year South Tahoe Public Utility District’s Capital Improvement Plan in the
amount of $34,073.
b. TAHOE KEYS PUMP STATION DEWATERING ANALYSIS (Stephen Caswell, Principal Engineer)
Authorized staff to increase the cost ceiling for Task Order No. 17 with Construction Materials
Engineers, Inc., by $14,165 for dewatering analysis at the Tahoe Keys Pump Station.
23
SPECIAL BOARD MEETING MINUTES July 3, 2019 PAGE – 2
c. WASTEWATER TREATMENT PLAN EMERGENCY GENERATOR REPLACEMENT PROJECT SPECIAL
INSPECTION/INSPECTION ASSISTANCE (Stephen Caswell, Principal Engineer)
Authorized staff to increase the cost ceiling for Task Order No. 18 with Construction Materials
Engineers, I nc., by $10,000 for inspection services for the Wastewater Treatment Plant
Emergency Generator Replacement Project.
d. ANNUAL ADOPTION OF STATEMENT OF INVESTMENT POLICY
(Debbie Henderson, Accounting Manager)
Adopted Resolution No. 3113-19, (supersedes Resolution No. 3088-18) adopting the District’s
Investment Policy.
e. COMPUTER EQUIPMENT FOR FISCAL YEAR 2019/2020
(Brian Bartlett, Network/Telecom Systems Administrator and Bren Hoyle, Information Technology Support Specialist)
Authorized purchase of budgeted computers and servers for the estimated amount of $84,600
(including tax).
f. REGULAR BOARD MEETING MINUTES: JUNE 20, 2019
(Melonie Guttry, Executive Services Manager/Clerk of the Board)
Approved June 20, 2019, Minutes
ITEMS FOR BOARD ACTION
a. Larch Avenue Sewer Pipeline Emergency Repair (Julie Ryan, Engineering Department Manager) – Julie
Ryan provided details regarding the proposed Larch Avenue Sewer Pipeline Emergency Repair
project and addressed questions from the Board. Staff has determined that the high
groundwater has created an urgency and necessary emergency action requested today.
Moved Jones/Second Vogelgesang/Vogelgesang Yes/Cefalu Yes/Jones Yes/Sheehan
Yes/Exline Yes to (1) Determine an emergency exists pursuant to Section 1102 of the Public
Contact Code; (2) Determine substantial evidence has been presented to authorize an
exception be made pursuant to Section 22050 of the Public Contract Code that this emergency
will not permit a delay resulting from a competitive solicitation for bids and that this action is
necessary to respond to the emergency; (3) Adopt Resolution No. 3114-19 delegating authority
to the General Manager and Assistant General Manager/Engineer to order any action
necessary to respond to this emergency; (4) Determine this project is exempt from California
Environmental Quality Act CEQA pursuant to Public Resource Code section 210808(b)(2); and,
(5) Approve expenditures necessary to start emergency repairs, estimated to be $100,000. .
b. Approve Payment of Claims (Debbie Henderson, Accounting Manager)
Moved Sheehan/Second Cefalu/Vogelgesang Yes/Cefalu Yes/Jones Yes/Sheehan Yes/Exline
Yes to approve Payment of Claims in the amount of $2,018,816.28.
STANDING AND AD-HOC COMMITTEE REPORTS:
Director Exline reported the PCE meeting on June 26, 2019, was very informative.
President Vogelgesang reported he would like to serve on the Alpine County Ad-Hoc Committee
and Director Exline agreed.
BOARD MEMBER REPORTS:
None
24
SPECIAL BOARD MEETING MINUTES July 3, 2019 PAGE – 3
EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT:
The El Dorado County Water Agency meeting scheduled for July 10, 2019, is cancelled and the
August 14, 2019, meeting is scheduled at the District.
GENERAL MANAGER REPORT:
John Thiel reported on several items:
• Provided a staff update and Shelly Thomsen responded to questions from the Board regarding
a Tahoe Daily Tribune Letter to the Editor.
• He participated on a panel for a Community Meeting regarding fire preparedness and the
Tahoe Neighborhood Group last Tuesday, June 25, 2019, at the Senior Center. Senator Dahl
presented at the meeting and is proving to be an effective advocate for fire issues in
Sacramento.
• Provided a presentation to Tahoe Regional Planning Agency (TRPA) last Wednesday, which
was positively received. The District continues to work with TRPA on many programs and
projects. The TRPA Advanced Planning Committee has asked John Thiel to present to them on
Wednesday, July 10, along with presenting to Tahoe Resource Conservation District (TRCD)
July 9, 2019.
• Provided details regarding the PCE Public Meeting at City Council Chambers on June 26,
including details regarding the next steps. Attorney Kvistad reported regarding the Technical
Advisory Committee (TAC ) Meeting held on Friday, June 28, with many local representatives in
attendance. The Groundwater Modeling Report from Desert Research Institute (DRI) is
complete and being distributed.
STAFF/ATTORNEY REPORTS:
Mike Chieffo provided a report regarding the Keller Booster Station, lost Pump No. 1, along with
Shannon Cotulla who addressed questions from the Board and provided details regarding additional
backup pumps.
Shelly Thomsen informed the Board that the first billings to include the recently adopted rate
increases are being mailed, which will produce high call volumes for Customer Service. The 4th of July
Parade is tomorrow starting at 10 a.m. at Ski Run Boulevard.
BREAK AND ADJOURN TO CLOSED SESSION: 9:45 a.m.
RECONVENE TO OPEN SESSION: 10:30 a.m.
a. Pursuant to Government Code Section 54956.9(d)(2)/Conference with Legal Counsel
regarding Significant Exposure to Litigation (one case).
No reportable Board action
ADJOURNMENT: 10:31 a.m.
_______________________________________
Randy Vogelgesang, Board President
South Tahoe Public Utility District
_______________________________________
Melonie Guttry, Clerk of the Board
South Tahoe Public Utility District
25
BOARD AGENDA ITEM 7a
TO: Board of Directors
FROM: Julie Ryan, Engineering Department Manager
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: Larch Avenue Sewer Pipeline Emergency Repair
REQUESTED BOARD ACTION: Continue or terminate emergency action to replace
approximately 100 linear feet of sewer pipe on Larch Avenue near Sonora Avenue
pursuant to Resolution No. 3114-19, depending on the status of the repair work.
DISCUSSION: The Board declared the Larch Avenue Sewer Pipeline Emergency Repair
as an emergency on July 3, 2019.
Public Contract Code Section 22050(c) requires the Board to review the emergency
action at every Board meeting thereafter until the action is terminated, to determine by
a 4/5’s vote, that there is a need to continue the action. District staff will present a
report to the Board to request that the Board either continue or terminate the
emergency action to replace approximately 100 linear feet of sewer pipe on Larch
Avenue near Sonora Avenue, depending on the status of the repair work.
SCHEDULE: Repairs to be completed as soon as possible
COSTS: Estimated at $100,000
ACCOUNT NO: 1030-8963
BUDGETED AMOUNT AVAILABLE: $100,000
ATTACHMENTS: N/A
___________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
26
Julie Ryan
Page 2 – 7b
July 18, 2019
BOARD AGENDA ITEM 7b
TO: Board of Directors
FROM: Julie Ryan, Engineering Department Manager
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: 2018 Water and Sewer System Improvements Project
REQUESTED BOARD ACTION: Approve Change Order No. 1 to Thomas Haen Company
in the amount of $152,413.04.
DISCUSSION: Change Order No. 1 addresses two work items that are beyond the scope
of the Contract and a change to the Contract Time.
A)During the summer 2018, the Underground Repair – Sewer Department identified
by Closed Circuit TV approximately 40 linear feet (lf) of 6 inch asbestos cement
gravity sewer main that had failed on Apache Avenue in Meyers; the bottom of
the pipe was missing. Because Thomas Haen Company (THC) was working in the
vicinity on the Fire Hydrants project (under this Contract), staff directed THC to
replace the impacted length of pipe, tracking their expense on a time-and-
materials basis under the terms of the Contract. The total expense to the District
to make this repair is $29,372.59, approximately $665/lf.
B)During the summer 2018, Equipment Repair and Underground Repair requested
that three garage bays be expanded to accommodate new vacuum trucks
(e.g., camels). The new camels are longer than previous equipemnt and would
no longer fit in the existing garages. These machines should be stored indoors to
extend life and heated as they contain pipes, hose, and pumps that will freeze
and rupture in the winter. As winter was fast approaching, time was critical in
completing these extensions to protect these costly assets. The work included
new footings, concrete and wood-framed walls and door openings, concrete
slab and pavement, connection to existing building, roofing modifications, finish
work, and relocation of overhead door systems. The work was tracked on a time-
and-materials basis under the terms of the Contract, for a total cost to the District
of $123,040.45.
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
27
Julie Ryan
Page 2 – 7b
July 18, 2019
C) At bid-time, the District expected that the project would be complete by
November 2018. When Thomas Haen Company was the successful bidder for
both the Ponderosa (under this Contract) and the Marlette Water Service
relocations (under separate Contract), the timing for this work was postponed
until summer 2019, so that the work could be performed sequentially, saving cost
and resources; this work is nearing completion. Further, the commencement of
the replacement of the Pine Valley Pressure Reducing Valve (PRV) (under this
Contract) was delayed due to inclement weather and a lack of staff resources;
this work is now partially complete, with only the control system remaining to be
installed and tested. Finally, the addition of the Camel Garage Extension (Item B
above), extended beyond the original Contract Time and was completed in
January 2019. Staff expects that all remaining work on this project will be
complete by October 15, 2019.
Staff recommends that the Board approve Change Order No. 1 to the District’s
Contract with Thomas Haen Company in the amount $152,413.04, bringing the
Contract total to $1,771,983.04. The Engineer’s Estimate for construction was $1,403,560,
excluding the work added by this Change Order.
SCHEDULE: As soon as possible
COSTS: $123,040.45 (CMLGAR); $29,372.59 (BUGSWR)
ACCOUNT NO: 1030-7054/CMLGAR; 1030-8089/BUGSWR
BUDGETED AMOUNT AVAILABLE: $69,581; $648,000
ATTACHMENTS: Change Order No. 1
___________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer/Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
28
CHANGE ORDER NUMBER 01
Project: 2018 WATER AND SEWER SYSTEMS IMPROVEMENT PROJECT
Contractor: Thomas Haen Company Date: 07.18.2019 PO #: 18-XX
The Contract Shall Be Changed As Follows:
A) Add Item 37 – Apache Avenue Sewer Repair – including all labor, equipment,
materials and subcontractor costs necessary to repair approximately 40 linear feet of failed
6” asbestos cement gravity sewer main, as detailed in Design Construction Memoranda #4
and 4.1, dated September 3 and 10, 2018, respectively (attached). This item was performed
on a Time and Materials basis, in accordance with the Contract, and addresses in full the
additional costs to repair the Apache Avenue Sewer Main, as detailed in Contract Change
Request #1.1, dated July 9, 2019 (attached). There is no change to the Contract Time
associated with the addition of this extra work.
TOTAL FOR ITEM A IS $29,372.59
TOTAL FOR CHANGE ORDER NO. 1 IS A + B + C = $152,413.04
Dollar Amounts Contract Time
Original Contract $1,619,570.00 106 Calendar Days
Previous Change Order $0.00 0 Calendar Days
Current Contract $1,619,570.00 106 Calendar Days
THIS CHANGE ORDER $152,413.04 365 Calendar Days
New Contract Total $1,771,983.04 471 Calendar Days
Contractor agrees to make the herein-described changes in accordance with the terms hereof. The change
in contract price and/or contract time noted is full settlement for costs incurred because of the change(s)
described, unless specifically noted in individual description(s).
Date: ____________
Authorized By STPUD Board President
Date: _____________
Accepted By Contractor
Date: _____________
Reviewed By
29
B) Add Item 38 – Camel Garage Extension – including all labor, equipment, materials
and subcontractor costs necessary to extend 3 bays of the lower shops garage, to house
new vehicles, as detailed in Design Construction Memoranda #6, dated September 17,
2018 (attached). This item was performed on a Time and Materials basis, in accordance
with the Contract, and addresses in full the additional costs to extend the garage, as
detailed in Contract Change Request #2.1, dated July 8, 2019 (attached). There is no
change to the Contract Time associated with the addition of this extra work.
TOTAL FOR ITEM B IS $123,040.45
C) Modify Section 007200, Part 2.04.A – to increase the total Contract Time by three-
hundred sixty-five (365) days to four hundred seventy-one (471) days to account for delays
in the commencement of the Camel Garage Extnesion (extra work Item B, above),
Ponderosa Area water service relocations (Schedule D) and Pine Valley PRV work
(Schedule B). Any additional compensation due with this extension of the Contract Time will
be addressed separately.
TOTAL FOR ITEM C IS $0
30
Shelly Thomsen
Page 2 – 7c
July 18, 2019
BOARD AGENDA ITEM 7c
TO: Board of Directors
FROM: Shelly Thomsen, Public Affairs and Conservation Manager
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: Solar Energy and Economic Development Memorandum of
Understanding
REQUESTED BOARD ACTION: Approve the Memorandum of Understanding between the
District and The Sustainable Energy and Economic Development Fund, administered by
Strategic Energy Innovations, and authorize staff and legal counsel to negotiate and
incorporate final terms and conditions.
DISCUSSION: A regional collaboration of public agencies is being formed to evaluate
and potentially install renewable energy systems in the Tahoe Basin to assist in
promoting renewable energy and reduce utility costs. The Sustainable Energy and
Economic Development (SEED) Fund is spearheading this process and will provide
technical assistance to evaluate potential solar sites on a regional basis with no up-front
cost to the District. The SEED Fund will prepare a regional solicitation from vendors
seeking proposals for the solar projects. If the District determines that it is practical and
cost effective to move forward with a vendor proposal for solar project, the District will
enter into an Agreement with the vendor. By collaborating, the results will create
efficiencies and cost savings.
The Memorandum of Understanding with The SEED Fund will facilitate evaluation of
potential solar energy projects for District facilities. The execution of the Memorandum
of Understanding demonstrates the District's commitment to installation of solar facilities
if deemed practical and cost effective; however, it does not commit the District to any
specific project or expense at this time. If the District decides to move forward with the
installation of solar facilities, the District agrees to reimburse The SEED Fund at a rate of
3.5 percent of the total installed cost of the renewable energy project. If the District
decides not to move forward with a solar project, no expense will be incurred.
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
31
Shelly Thomsen
Page 2 – 7c
July 18, 2019
SCHEDULE: N/A
COSTS: N/A
ACCOUNT NO: N/A
BUDGETED AMOUNT AVAILABLE: N/A
ATTACHMENTS: The SEED MOU with staff and legal counsel edits incorporated. Any
additional edits to the MOU by the SEED fund or legal counsel will be presented at the
Board meeting.
___________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer/Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
32
BOARD AGENDA ITEM 7d
TO: Board of Directors
FROM: Debbie Henderson, Accounting Manager
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: Payment of Claims
REQUESTED BOARD ACTION: Approve Payment of Claims
DISCUSSION: The Payment of Claims was not available when this Agenda was
published due to the extended Fiscal Year invoice processing. It will be distributed prior
to and at the July 18 Board Meeting.
SCHEDULE: July 18, 2019
COSTS: N/A
ACCOUNT NO: N/A
BUDGETED AMOUNT AVAILABLE: N/A
ATTACHMENTS: Interoffice Memo
___________________________________________________________________________________
CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer/Water
GENERAL MANAGER: YES NO
CHIEF FINANCIAL OFFICER: YES NO
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
33
interoffice MEMORANDUM
Board of Directors
SOUiH i AHOE PUBLIC UilLITY DISTRICT
to:
from:
subject:
date:
Paul Hughes, Chief Financial Officer
Payment of Claims Report
June 26, 2019
To facilitate an accurate year-end expense cut-off, Accounts Payable has extended the
deadline for submitting invoices to Friday, July 12. As such, the Payment of Claims
report will be delivered to you on or about Tuesday, July 16.
Your cooperation with our once-a-year accommodation is appreciated.
S :\yearend\rnemo\payclaimmemo20 l 9fourth.doc
34
BOARD AGENDA ITEM 14a
TO: Board of Directors
FROM: John Thiel, General Manager
MEETING DATE: July 18, 2019
ITEM – PROJECT NAME: Conference with Legal Counsel – Significant Exposure to Litigation
REQUESTED BOARD ACTION: Direct Staff
DISCUSSION: Pursuant to Government Code Section 54956.9(d)(2)/Conference with Legal
Counsel regarding Significant Exposure to Litigation (one case).
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
General Manager
John Thiel
Directors
Chris Cefalu
James R. Jones
Randy Vogelgesang
Kelly Sheehan
Nick Exline
35