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2023.04.20 District Board Agenda Packet 04-20-2023IWer 1950 'J SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, April 20, 2023 - 2:00 p.m. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California David Peterson, President Nick Haven, Director BOARD MEMBERS Kelly Sheehan, Director Shane Romsos, Vice President Nick Exline, Director John Thiel, General Manager Paul Hughes, Chief Financial Officer 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE (At this time, please silence phones and other electronic devices so as not to disrupt the business of the meeting.) 2. COMMENTS FROM THE AUDIENCE (This is an opportunity for members of the public to address the Board on any short non -agenda items that are within the subject matter jurisdiction of the District. No discussion or action can be taken on matters not listed on the agenda, per the Brown Act. Each member of the public who wishes to comment shall be allotted five minutes, and no more than three individuals shall address the same subject.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR (For purposes of the Brown Act, all Action and Consent items listed give a brief description of each item of business to be transacted or discussed. Recommendations of the staff, as shown, do not prevent the Board from taking other action.) 4. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately upon request. Comments and questions from members of the public, staff or Board can be taken when the comment does not necessitate separate action.) 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION/ACTION 6. ITEMS FOR 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(b) of the California Government Code, Conference with Legal Counsel regarding Potential Litigation (one case). 7. ITEMS FOR BOARD ACTION a. 2023 Flagpole 2/Iroquois 2 Tanks Recoating Project (Megan Colvey, Senior Engineer and Heidi Baugh, Purchasing Agent) 1) Find the bids received from Quality Painting & Sandblasting and Toledo Industrial Coatings to be non -responsive and reject both bids; 2) Reject the bid protest from Quality Painting & Sandblasting; 3) Find minor irregularities in the bid from Farr Construction Corporation, dba Resource Development Company to be immaterial and waive immaterial irregularities; and 4) Award Project to the lowest responsive, responsible bidder, Farr Construction Corporation, dba Resource Development Company in the amount of $446,900. REGULAR BOARD MEETING AGENDA - April 20, 2023 PAGE - 2 b. 2023-2024 Tank Coatings Touchup Project (Megan Colvey, Senior Engineer and Heidi Baugh, Purchasing Agent) Reject all bids and authorize staff to rebid the 2023-2024 Tank Coatings Touchup Project. C. Winter Storms Emergency Response (John Thiel, General Manager) 1) Pursuant to Public Contract Code Section 22050(c), continue the emergency action to respond to the Winter Storms Emergency pursuant to Resolution No. 3242-23. d. Meyers Stream Environment Zone - Erosion Control Project - Waterline Relocation (Adrian Combes, Senior Engineer) Approve and enter into a Construction and Funding Agreement with the County of El Dorado to provide for relocation of a waterline in an amount not to exceed $502,706. e. 2023 Barton Area Valve Installation Project (Adrian Combes, Senior Engineer) Award the 2023 Barton Area Valve Installation Project to the lowest responsive responsible bidder. f. Five -Year Diamond Valley Ranch Grazing Permit (Trevor Coolidge, Senior Engineer and John Thiel, General Manager) Renew the five-year Diamond Valley Ranch Grazing Permit Contract with Mission Livestock Management, in the total amount of $965,274.38. g. Liability Claim Against South Tahoe Public Utility District Received from Donna Donald (Ryan Lee, Manager of Customer Service) Reject the Claim against South Tahoe Public Utility District for losses allegedly sustained by Donna Donald and request the Joint Powers Insurance Authority (JPIA) to resolve the Claim. h. Water Service Call Charges (Ryan Lee, Customer Service Manager) Adopt Ordinance No. 586-23, an Ordinance of the South Tahoe Public Utility District, Amending Administrative Code Appendix Fee Schedule Sections 3.1.52 and 3.1.53 and Superseding Ordinance No. 528-1 1 Regarding Water Service Call Charges. General Manager Recruitment (Liz Kauffman, Human Resources Director) Pursuant to Government Code Section 54957(b) (1) consider the appointment of a public employee. Provide staff with recruitment direction. 8. STANDING AND AD -HOC COMMITTEES AND LIAISON 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. STAFF/ATTORNEY REPORTS (Discussions may take place; however, no action will be taken.) a. 2021-2022 Water Audit (Stephen Caswell, Principal Engineer) b. Grants Update (Yesenia Pacheco, Grants Coordinator) 11. GENERAL MANAGER REPORT (Discussion may take place; however, no action will be taken.) a. Staffing Update b. Federal Community Project Funding C. Work with Congressman Kiley d. Advocacy in Washington, DC e. Tahoe Keys Water Update REGULAR BOARD MEETING AGENDA - April 20, 2023 PAGE - 3 12. NOTICE OF PAST AND FUTURE MEETINGS/EVENTS Past Meetings/Events 04/06/2023 - 2:00 p.m. Regular Board Meeting at the District 04/12/2023 - 10:00 a.m. El Dorado Water Agency Meeting in Placerville 04/13/2023 - 9:00 a.m. Spring 2023 Countrywide Plenary for Water in Placerville 04/19/2023 - 8:00 a.m. Employee Communications Committee Meeting (Peterson Representing) 04/20/2023 - 1:00 p.m. Executive Committee Meeting at the District Future Meetings/Events 05/04/2023 - 2:00 p.m. Regular Board Meeting at the District 13. 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 54957(a)Conference with Labor Negotiators re: Memorandum of Understanding with Stationary Engineers, Local 39. Present at this Closed Session will be Agency Negotiators: John Thiel, General Manager; Paul Hughes, Chief Financial Officer; Liz Kauffman, Human Resources Director. b. Pursuant to Government Code Section 54956.9(d)(1), Closed Session maybe held for conference with legal counsel regarding existing litigation: Yolo County Superior Court Case CV 2021-1686, Alpine County vs. South Tahoe Public Utility District; et al. ADJOURNMENT (The next Regular Board Meeting is Thursday, May 4, 2023, at 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete Agenda packet 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 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, 2023 PAGE - 4 e° I�wer 1950 SOUTH TAHOE PUBLIC UTILITY DISTRICT CONSENT CALENDAR Thursday, April 20, 2023 ITEMS FOR CONSENT a. RECEIVE AND FILE PAYMENT OF CLAIMS (Greg Dupree, Accounting Manager) Receive and file Payment of Claims in the amount of $1,672,534.24. b. REGULAR BOARD MEETING MINUTES: March 16 and April 06, 2023 (Melonie Guttry, Executive Services Manager/Clerk of the Board) Approve March 16 and April 06, 2023, Minutes PAYMENT OF CLAIMS Payroll 4/4/23 Total Payroll ADP & Insight eTools AFLAC/WageWorks claims and fees PNC Bank Ameritas - Insurance Payments Total Vendor EFT Weekly Approved Check Batches Wednesday, April 5, 2023 Wednesday, April 12, 2023 Total Accounts Payable Checks Utility Management Refunds Total Utility Management Checks Grand Total Pavroll EFTs & Checks FOR APPROVAL April 20, 2023 EFT CA Employment Taxes & W/H EFT Federal Employment Taxes & W/H EFT CalPERS Contributions EFT Empower Retirement -Deferred Comp EFT Stationary Engineers Union Dues EFT CDHP Health Savings (HSA) EFT Retirement Health Savings EFT United Way Contributions EFT Employee Direct Deposits CHK Employee Garnishments Total 557,993.63 557,993.63 573.59 130.80 507,629.54 9,325.38 517,659.31 Water Sewer Total 47,532.89 295,514.91 343,047.80 71,144.61 157,777.73 228,922.34 571,970.14 4/4/2023 23,013.40 117,669.73 78,306.38 24,058.75 2,742.07 6,209.57 15, 910.85 10.00 289,913.65 159.23 557,993.63 1►00115i1115[:1 24,911.16 $1,672,534.24 195a Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 44199 - ACME CONSTRUCTION SUPPLY S4248033.001 Field, Shop & Safety Supplies Paid by Check #111987 03/21/2023 04/05/2023 03/31/2023 04/05/2023 700.56 Inventory Vendor 44199 -ACME CONSTRUCTION SUPPLY Totals Invoices 1 $700.56 Vendor 43721 - ACWA/JPIA 0699029 ACWA Medical/Vision Insurance Paid by Check #111988 03/02/2023 04/05/2023 04/30/2023 04/05/2023 201,572.01 Payable 3rd Qtr 22/23 Workers Comp Insurance Payable Paid by Check #112045 04/07/2023 04/12/2023 03/31/2023 04/12/2023 57,835.32 Vendor 43721 - ACWA/JPIA Totals Invoices 2 $259,407.33 Vendor 44039 - AFLAC 185983 Insurance Supplement Payable Paid by Check #112046 03/01/2023 04/12/2023 03/31/2023 04/12/2023 1,149.52 Vendor 44039 - AFLAC Totals Invoices 1 $1,149.52 Vendor 49581 - ALERT MEDIA INC INV8098 Service Contracts Paid by Check #111989 03/08/2023 04/05/2023 04/30/2023 04/05/2023 4,902.00 Vendor 49581 - ALERT MEDIA INC Totals Invoices 1 $4,902.00 Vendor 43949 - ALPEN SIERRA COFFEE ROASTING CO 230595 Office Supply Issues Paid by Check #111990 03/28/2023 04/05/2023 03/31/2023 04/05/2023 111.25 230596 Office Supply Issues Paid by Check #111990 03/28/2023 04/05/2023 03/31/2023 04/05/2023 60.50 Vendor 43949 - ALPEN SIERRA COFFEE ROASTING CO Totals Invoices 2 $171.75 Vendor 49337 - AMAZON CAPITAL SERVICES INC. 1NYK-M3HC-CLC3 Small Tools Paid by Check #112047 03/15/2023 04/12/2023 03/31/2023 04/12/2023 237.74 1KP9-KGXG-G37Q Shop Supplies Paid by Check #111991 03/16/2023 04/05/2023 03/31/2023 04/05/2023 345.07 Vendor 49337 - AMAZON CAPITAL SERVICES INC. Totals Invoices 2 $582.81 Vendor 47919 - AQUATIC INFORMATICS INC 103600 Service Contracts Paid by Check #112048 02/03/2023 04/12/2023 03/31/2023 04/12/2023 45.00 103779 Service Contracts Paid by Check #112048 03/07/2023 04/12/2023 03/31/2023 04/12/2023 86.00 Vendor 47919 - AQUATIC INFORMATICS INC Totals Invoices 2 $131.00 Vendor 44580 - ARAMARK UNIFORM SERVICES 598000379 Uniform Payable Paid by Check #111992 01/03/2023 04/05/2023 03/31/2023 04/05/2023 (27.78) 5980082380 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 133.68 5980082383 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 187.90 5980082388 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 146.17 5980082393 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 98.77 5980082405 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 90.28 5980082420 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 200.73 5980082424 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 35.65 5980082429 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 48.74 Run by Erika Franco on 04/12/2023 01:53:13 PM Page 1 of 10 195a Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount 5980082432 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 6.95 5980082436 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 12.00 5980082439 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 24.14 5980082442 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 28.00 5980082445 Uniform Payable Paid by Check #111992 03/22/2023 04/05/2023 03/31/2023 04/05/2023 29.23 5980084393 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 133.68 5980084394 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 175.66 5980084400 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 146.17 5980084405 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 98.77 5980084409 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 90.28 5980084414 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 200.73 5980084418 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 35.65 5980084421 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 48.74 5980084423 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 6.95 5980084426 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 12.00 5980084427 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 24.14 5980084429 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 28.00 5980084433 Uniform Payable Paid by Check #111992 03/29/2023 04/05/2023 03/31/2023 04/05/2023 29.23 Vendor 44580 - ARAMARK UNIFORM SERVICES Totals Invoices 27 $2,044.46 Vendor 40521 - AT&T APRIL 2023 Telephone Paid by Check #111993 03/28/2023 04/05/2023 04/30/2023 04/05/2023 200.00 Vendor 40521 - AT&T Totals Invoices 1 $200.00 Vendor 45202 - AT&T MOBILITY MARCH 2O23 Telephone Paid by Check #111994 03/19/2023 04/05/2023 03/31/2023 04/05/2023 227.90 Vendor 45202 - AT&T MOBILITY Totals Invoices 1 $227.90 Vendor 48612 - AUTOMATION DIRECT 14863002 Pump Stations Paid by Check #111995 03/21/2023 04/05/2023 03/31/2023 04/05/2023 3,676.84 Vendor 48612 - AUTOMATION DIRECT Totals Invoices 1 $3,676.84 Vendor 49269 - BACKGROUNDS ONLINE 551541 Personnel Expense Paid by Check #112049 03/31/2023 04/12/2023 03/31/2023 04/12/2023 91.50 Vendor 49269 - BACKGROUNDS ONLINE Totals Invoices 1 $91.50 Vendor 48973 - HEIDI BAUGH CAPPOFlightREIMB Travel - Meetings - Education Paid by Check #111996 03/29/2023 04/05/2023 03/31/2023 04/05/2023 517.19 Vendor 48973 - HEIDI BAUGH Totals Invoices 1 $517.19 Vendor 44109 - BB&H BENEFIT DESIGNS 88908 Contractual Services Paid by Check #111997 03/02/2023 04/05/2023 04/30/2023 04/05/2023 232.00 Vendor 44109 - BB&H BENEFIT DESIGNS Totals Invoices 1 $232.00 Run by Erika Franco on 04/12/2023 01:53:13 PM Page 2 of 10 195a Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 45009 - BENTLY AGROWDYNAMICS 209808 Biosolid Disposal Costs Paid by Check #111998 03/23/2023 04/05/2023 03/31/2023 04/05/2023 1,215.75 209816 Biosolid Disposal Costs Paid by Check #112050 03/30/2023 04/12/2023 03/31/2023 04/12/2023 879.75 Vendor 45009 - BENTLY AGROWDYNAMICS Totals Invoices 2 $2,095.50 Vendor 12890 - CA DEPT OF TAX & FEE ADM 1st Qtr 2023 A 1st Qtr Use Tax - City of SLT Paid by EFT #71 03/31/2023 04/05/2023 03/31/2023 04/05/2023 2,431.00 1st Qtr 2023 B 1st Qtr Use Tax - Alpine County Paid by EFT #71 03/31/2023 04/05/2023 03/31/2023 04/05/2023 1.00 Vendor 12890 - CA DEPT OF TAX & FEE ADM Totals Invoices 2 $2,432.00 Vendor 48767 - CALIFORNIA LAB SERVICE 3031594 Monitoring Paid by Check #112051 03/30/2023 04/12/2023 03/31/2023 04/12/2023 128.00 3031610 Monitoring Paid by Check #112051 03/30/2023 04/12/2023 03/31/2023 04/12/2023 128.00 3031626 Monitoring Paid by Check #112051 03/30/2023 04/12/2023 03/31/2023 04/12/2023 81.00 3040104 Monitoring Paid by Check #112051 04/04/2023 04/12/2023 03/31/2023 04/12/2023 78.00 Vendor 48767 - CALIFORNIA LAB SERVICE Totals Invoices 4 $415.00 Vendor 40176 - CASHMAN EQUIPMENT INPS3748175 Automotive Paid by Check #111999 03/01/2023 04/05/2023 03/31/2023 04/05/2023 194.26 INPS3748177 Automotive Paid by Check #111999 03/01/2023 04/05/2023 03/31/2023 04/05/2023 35.56 INPS3758858 Misc Emergency Incident Paid by Check #111999 03/17/2023 04/05/2023 03/31/2023 04/05/2023 4,313.64 Expenses INPS3762122 Automotive Paid by Check #112052 03/23/2023 04/12/2023 03/31/2023 04/12/2023 14.03 INPS3764179 Automotive Paid by Check #111999 03/27/2023 04/05/2023 03/31/2023 04/05/2023 128.91 Vendor 40176 - CASHMAN EQUIPMENT Totals Invoices 5 $4,686.40 Vendor 48838 - STEPHEN CASWELL MILEAGE033123 Travel - Meetings - Education Paid by Check #112000 03/31/2023 04/05/2023 03/31/2023 04/05/2023 133.62 Vendor 48838 - STEPHEN CASWELL Totals Invoices 1 $133.62 Vendor 42328 - CDW-G CORP HP42496 Service Contracts Paid by Check #112053 03/24/2023 04/12/2023 03/31/2023 04/12/2023 46,598.98 HP69759 Computer Purchases Paid by Check #112001 03/24/2023 04/05/2023 03/31/2023 04/05/2023 1,486.39 HQ32511 Computer Purchases Paid by Check #112053 03/27/2023 04/12/2023 03/31/2023 04/12/2023 622.57 HQ89282 Computer Purchases Paid by Check #112053 03/28/2023 04/12/2023 03/31/2023 04/12/2023 8,805.50 HR60853 Computer Purchases Paid by Check #112053 03/30/2023 04/12/2023 03/31/2023 04/12/2023 808.08 HS22459 SCADA Historian Upgrades Paid by Check #112053 03/31/2023 04/12/2023 03/31/2023 04/12/2023 1,842.52 Vendor 42328 - CDW-G CORP Totals Invoices 6 $60,164.04 Vendor 40343 - CHEMSEARCH INC 8165902 Service Contracts Paid by Check #112002 03/20/2023 04/05/2023 03/31/2023 04/05/2023 397.89 Vendor 40343 - CHEMSEARCH INC Totals Invoices 1 $397.89 Vendor 48037 - CLEAN HARBORS ENVIR SRVS INC Run by Erika Franco on 04/12/2023 01:53:13 PM Page 3 of 10 1 9 5 0 Invoice Number Invoice Descriptic 1004521060 Service Contracts Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Paid by Check #112003 02/22/2023 04/05/2023 03/31/2023 04/05/2023 2,605.10 Vendor 48037 - CLEAN HARBORS ENVIR SRVS INC Totals Invoices 1 $2,605.10 Vendor 40512 - CODALE ELECTRIC SUPPLY S8024778.001 Misc Sewer Motor Rebuilds (TBD) Paid by Check #112054 03/22/2023 04/12/2023 03/31/2023 S8047485.001 Misc Sewer Motor Rebuilds (TBD) Paid by Check #112054 03/22/2023 04/12/2023 03/31/2023 S8049951.001 Pump Stations Paid by Check #112004 03/24/2023 04/05/2023 03/31/2023 S8047485.002 Misc Sewer Motor Rebuilds Paid by Check #112004 03/29/2023 04/05/2023 03/31/2023 Vendor 40512 - CODALE ELECTRIC SUPPLY Totals Invoices Vendor 49778 - COLUMN SOFTWARE PBC B41A7C18-0020 Valve & Hydrant Replacements Vendor 49955 - ADRIAN COMBES COMBESO40323 Travel - Meetings - Education Vendor 44779 - CPI INTERNATIONAL 20060011 Laboratory Supplies Paid by Check #112005 03/28/2023 04/05/2023 03/31/2023 Vendor 49778 - COLUMN SOFTWARE PBC Totals Invoices Paid by Check #112006 04/01/2023 04/05/2023 04/30/2023 Vendor 49955 - ADRIAN COMBES Totals Invoices Paid by Check #112007 03/16/2023 04/05/2023 03/31/2023 Vendor 44779 - CPI INTERNATIONAL Totals Invoices Vendor 49694 - DIGITAL TECHNOLOGY SOLUTIONS INC MARCH 2O23 Telephone Paid by Check #112008 03/01/2023 04/05/2023 03/31/2023 APRIL 2023 Telephone Paid by Check #112008 04/01/2023 04/05/2023 04/30/2023 Vendor 49694 -DIGITAL TECHNOLOGY SOLUTIONS INC Totals Invoices Vendor 48289 - DIY HOME CENTER Mar 23 Stmt Buildings & Shop Supplies Vendor 44263 - ENS RESOURCES INC 3290 Contractual Services Vendor 49573 - EUROFINS TESTAMERICA 3800020179 Monitoring Vendor 14890 - FEDEX 8-085-58744 Postage Expenses Vendor 41263 - FERGUSON ENTERPRISES LLC 0502680 Secondary Equipment Paid by Check #112055 03/31/2023 04/12/2023 03/31/2023 Vendor 48289 - DIY HOME CENTER Totals Invoices Paid by Check #112056 04/04/2023 04/12/2023 03/31/2023 Vendor 44263 - ENS RESOURCES INC Totals Invoices Paid by Check #112057 03/26/2023 04/12/2023 03/31/2023 Vendor 49573 - EUROFINS TESTAMERICA Totals Invoices Paid by Check #112058 03/31/2023 04/12/2023 03/31/2023 Vendor 14890 - FEDEX Totals Invoices Paid by Check #112009 03/22/2023 04/05/2023 03/31/2023 04/12/2023 1,727.41 04/12/2023 4,760.00 04/05/2023 998.19 04/05/2023 869.41 4 $8,355.01 04/05/2023 99.40 1 $99.40 04/05/2023 177.00 1 $177.00 04/05/2023 1,317.79 1 $1,317.79 04/05/2023 295.00 04/05/2023 295.00 2 $590.00 04/12/2023 2,224.17 1 $2,224.17 04/12/2023 5,000.00 1 $5,000.00 04/12/2023 40.00 1 $40.00 04/12/2023 80.49 1 $80.49 04/05/2023 147.55 Run by Erika Franco on 04/12/2023 01:53:13 PM Page 4 of 10 1 9 5 0 Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 41263 - FERGUSON ENTERPRISES LLC Totals Invoices 1 $147.55 Vendor 48402 - FLYERS ENERGY LLC 23-788295 Gasoline Fuel Inventory Paid by Check #112010 03/29/2023 04/05/2023 03/31/2023 04/05/2023 3,632.78 23-790533 Gasoline & Diesel Expense Paid by Check #112059 03/31/2023 04/12/2023 03/31/2023 04/12/2023 1,772.71 Vendor 48402 - FLYERS ENERGY LLC Totals Invoices 2 $5,405.49 Vendor 49458 - GEOTAB USA INC IN334942 Service Contracts Paid by Check #112060 03/31/2023 04/12/2023 03/31/2023 04/12/2023 691.25 Vendor 49458 - GEOTAB USA INC Totals Invoices 1 $691.25 Vendor 15600 - GRAINGER 9643909667 Field, Shop & Safety Supplies Paid by Check #112011 03/17/2023 04/05/2023 03/31/2023 04/05/2023 790.19 Inventory 9651322696 Pump Stations Paid by Check #112061 03/23/2023 04/12/2023 03/31/2023 04/12/2023 224.67 9656599918 Luther Pass Pump Station Paid by Check #112061 03/29/2023 04/12/2023 03/31/2023 04/12/2023 4,340.43 Vendor 15600 - GRAINGER Totals Invoices 3 $5,355.29 Vendor 43403 - GRANITE CONSTRUCTION CO 2439185 Pipe -Covers & Manholes Paid by Check #112062 03/24/2023 04/12/2023 03/31/2023 04/12/2023 3,990.30 Vendor 43403 - GRANITE CONSTRUCTION CO Totals Invoices 1 $3,990.30 Vendor 15800 - HACH CO 13508221 Laboratory Supplies Paid by Check #112012 03/17/2023 04/05/2023 03/31/2023 04/05/2023 648.10 13516862 Laboratory Supplies Paid by Check #112063 03/23/2023 04/12/2023 03/31/2023 04/12/2023 166.32 Vendor 15800 - HACH CO Totals Invoices 2 $814.42 Vendor 44430 - HIGH SIERRA BUSINESS SYSTEMS 130798 Service Contracts Paid by Check #112064 04/03/2023 04/12/2023 03/31/2023 04/12/2023 101.48 130813 Service Contracts Paid by Check #112064 04/04/2023 04/12/2023 03/31/2023 04/12/2023 628.28 Vendor 44430 - HIGH SIERRA BUSINESS SYSTEMS Totals Invoices 2 $729.76 Vendor 49952 - JEAN HORN 3366215 Water Use Reduction Rebates Paid by Check #112013 03/14/2023 04/05/2023 03/31/2023 04/05/2023 395.22 Vendor 49952 - JEAN HORN Totals Invoices 1 $395.22 Vendor 49604 - HOUSTON MAGNANI AND ASSOCIATES 6752 Contractual Services Paid by Check #112014 03/29/2023 04/05/2023 03/31/2023 04/05/2023 800.00 Vendor 49604 - HOUSTON MAGNANI AND ASSOCIATES Totals Invoices 1 $800.00 Vendor 48832 - NANCY HUSSMANN April2023 Personnel Expense Paid by Check #112015 04/07/2023 04/05/2023 04/30/2023 04/05/2023 427.97 Vendor 48832 - NANCY HUSSMANN Totals Invoices 1 $427.97 Vendor 49940 - TAYLOR JAIME Run by Erika Franco on 04/12/2023 01:53:13 PM Page 5 of 10 195a Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount MILEAGE032823 Travel - Meetings - Education Paid by Check #112016 03/28/2023 04/05/2023 03/31/2023 04/05/2023 133.62 PARKING032823 Travel - Meetings - Education Paid by Check #112016 03/28/2023 04/05/2023 03/31/2023 04/05/2023 54.00 Vendor 49940 - TAYLOR JAIME Totals Invoices 2 $187.62 Vendor 16653 - JENSEN PRECAST CD99189049 Manhole Frames - Lids - Other Paid by Check #112017 03/20/2023 04/05/2023 03/31/2023 04/05/2023 3,382.13 Parts Inventory Vendor 16653 - JENSEN PRECAST Totals Invoices 1 $3,382.13 Vendor 40821 - KENNEDY/JENKS CONSULTANTS INC 162407 Contractual Services Paid by Check #112065 04/05/2023 04/12/2023 03/31/2023 04/12/2023 18,977.40 Vendor 40821 - KENNEDY/JENKS CONSULTANTS INC Totals Invoices 1 $18,977.40 Vendor 49591 - JUDY LEONG April 2023 Contractual Services Paid by Check #112018 04/01/2023 04/05/2023 04/30/2023 04/05/2023 20.00 Vendor 49591 - JUDY LEONG Totals Invoices 1 $20.00 Vendor 45135 - LES SCHWAB TIRE CENTER 71700443938 Automotive Paid by Check #112019 03/17/2023 04/05/2023 03/31/2023 04/05/2023 261.77 71700445217 Automotive Paid by Check #112066 03/30/2023 04/12/2023 03/31/2023 04/12/2023 941.85 Vendor 45135 - LES SCHWAB TIRE CENTER Totals Invoices 2 $1,203.62 Vendor 22550 - LIBERTY UTILITIES MARCH 2O23 Telephone Paid by Check #112020 03/29/2023 04/05/2023 03/31/2023 04/05/2023 7,992.13 APCB04072023 Electricity Paid by Check #112067 04/04/2023 04/12/2023 03/31/2023 04/12/2023 19,231.60 Vendor 22550 - LIBERTY UTILITIES Totals Invoices 2 $27,223.73 Vendor 47903 - LINDE GAS & EQUIPMENT INC 34855565 Shop Supplies Paid by Check #112021 03/22/2023 04/05/2023 03/31/2023 04/05/2023 61.85 34927847 Shop Supplies Paid by Check #112021 03/23/2023 04/05/2023 03/31/2023 04/05/2023 209.25 35026615 Shop Supplies Paid by Check #112021 03/30/2023 04/05/2023 03/31/2023 04/05/2023 263.18 35165679 Shop Supplies Paid by Check #112068 03/31/2023 04/12/2023 03/31/2023 04/12/2023 207.17 Vendor 47903 - LINDE GAS & EQUIPMENT INC Totals Invoices 4 $741.45 Vendor 45059 - LUMOS & ASSOCIATES 117013 Waterline Replacements Paid by Check #112022 03/24/2023 04/05/2023 03/31/2023 04/05/2023 7,347.50 Vendor 45059 - LUMOS & ASSOCIATES Totals Invoices 1 $7,347.50 Vendor 19248 - MALLORY SAFETY & SUPPLY LLC 5539245 Field, Shop & Safety Supplies Paid by Check #112023 01/26/2023 04/05/2023 03/31/2023 04/05/2023 198.71 Inventory Vendor 19248 - MALLORY SAFETY & SUPPLY LLC Totals Invoices 1 $198.71 Vendor 18150 - MEEKS LUMBER & HARDWARE Mar 23 Stmt Buildings & Shop Supplies Paid by Check #112069 03/31/2023 04/12/2023 03/31/2023 04/12/2023 697.11 Run by Erika Franco on 04/12/2023 01:53:13 PM Page 6 of 10 Ul n 1,A 0 90 Payment of Claims Payment Date Range 03/30/23 - 04/12/23 - t Report By Vendor - Invoice 0a, AGeCIC r 1950 UTILITY D Summary Listing Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 18150 - MEEKS LUMBER & HARDWARE Totals Invoices 1 $697.11 Vendor 43889 - MME MUNICIPAL MAINTENANCE 007349 Automotive Paid by Check #112024 03/28/2023 04/05/2023 03/31/2023 04/05/2023 232.85 007453 Automotive Paid by Check #112070 03/29/2023 04/12/2023 03/31/2023 04/12/2023 1,408.06 Vendor 43889 - MME MUNICIPAL MAINTENANCE Totals Invoices 2 $1,640.91 Vendor 49765 - NAPA AUTO PARTS 2540-675551 Inventory Adjstmnt/Shop Supply Paid by Check #112071 03/01/2023 04/12/2023 03/31/2023 04/12/2023 150.29 Issues Mar 23 Stmt Automotive & Shop Supplies Paid by Check #112071 03/31/2023 04/12/2023 03/31/2023 04/12/2023 4,700.70 Vendor 49765 - NAPA AUTO PARTS Totals Invoices 2 $4,850.99 Vendor 19200 - NELS TAHOE HARDWARE Mar 23 Stmt Buildings Paid by Check #112025 03/31/2023 04/05/2023 03/31/2023 04/05/2023 4.33 Vendor 19200 - NELS TAHOE HARDWARE Totals Invoices 1 $4.33 Vendor 48548 - NICHOLS CONSULTING ENGINEERS 697052509 Bijou #1 Waterline Replacement Paid by Check #112026 02/10/2023 04/05/2023 03/31/2023 04/05/2023 7,602.50 Vendor 48548 - NICHOLS CONSULTING ENGINEERS Totals Invoices 1 $7,602.50 Vendor 48315 - O'REILLY AUTO PARTS Mar 23 Stmt Mobile Equipment & Shop Paid by Check #112072 03/28/2023 04/12/2023 03/31/2023 04/12/2023 264.22 Supplies Vendor 48315 - O'REILLY AUTO PARTS Totals Invoices 1 $264.22 Vendor 44607 - OLIN PIONEER AMERICAS LLC 900259960 Hypochlorite Paid by Check #112073 03/30/2023 04/12/2023 03/31/2023 04/12/2023 10,047.23 Vendor 44607 - OLIN PIONEER AMERICAS LLC Totals Invoices 1 $10,047.23 Vendor 48115 - OMEGA ENGINEERING INC N790306 Buildings Paid by Check #112027 03/16/2023 04/05/2023 03/31/2023 04/05/2023 2,737.02 Vendor 48115 - OMEGA ENGINEERING INC Totals Invoices 1 $2,737.02 Vendor 49062 - JASON PAUL PA00041723 Travel - Meetings - Education Paid by Check #112074 04/03/2023 04/12/2023 04/30/2023 04/12/2023 367.00 Vendor 49062 - JASON PAUL Totals Invoices 1 $367.00 Vendor 48458 - PFM ASSET MANAGEMENT 13667056 Advisory Paid by Check #112075 03/31/2023 04/12/2023 03/31/2023 04/12/2023 3,250.00 Vendor 48458 - PFM ASSET MANAGEMENT Totals Invoices 1 $3,250.00 Vendor 49550 -PRISM 23401013 Contractual Services Paid by Check #112028 04/03/2023 04/05/2023 04/30/2023 Vendor 49550 - PRISM Totals Invoices 04/05/2023 807.30 1 $807.30 Run by Erika Franco on 04/12/2023 01:53:13 PM Page 7 of 10 195a Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 49826 - QUADIENT LEASING USA INC N9859806 Equipment Rental- Lease Paid by Check #112029 03/17/2023 04/05/2023 04/30/2023 04/05/2023 1,061.83 Vendor 49826 - QUADIENT LEASING USA INC Totals Invoices 1 $1,061.83 Vendor 43332 - RED WING SHOE STORE 812-1-110674 Safety Equipment - Physicals Paid by Check #112076 02/22/2023 04/12/2023 03/31/2023 04/12/2023 281.21 Vendor 43332 - RED WING SHOE STORE Totals Invoices 1 $281.21 Vendor 47803 - REDWOOD PRINTING 33281 Office Supply Issues Paid by Check #112030 03/07/2023 04/05/2023 03/31/2023 04/05/2023 951.68 Vendor 47803 - REDWOOD PRINTING Totals Invoices 1 $951.68 Vendor 48144 - RELIANCE STANDARD APRIL23A LTD/Life Insurance Management Paid by Check #112077 04/01/2023 04/12/2023 04/30/2023 04/12/2023 2,536.29 APRIL23B LTD/Life Insurance Union/Board Paid by Check #112077 04/01/2023 04/12/2023 04/30/2023 04/12/2023 3,323.41 Payable VOL APRIL23 Voluntary Life Payable Paid by Check #112031 04/01/2023 04/05/2023 04/30/2023 04/05/2023 307.32 Vendor 48144 - RELIANCE STANDARD Totals Invoices 3 $6,167.02 Vendor 48930 - EDGAR RODRIGUEZ G3 2023 REIMB Dues - Memberships - Paid by Check #112032 04/01/2023 04/05/2023 03/31/2023 04/05/2023 980.00 Certification RODRIGUEZ041723 Travel - Meetings - Education Paid by Check #112078 04/03/2023 04/12/2023 04/30/2023 04/12/2023 319.00 Vendor 48930 - EDGAR RODRIGUEZ Totals Invoices 2 $1,299.00 Vendor 44435 - ROOTX 76209 Root Herbicide Paid by Check #112033 03/15/2023 04/05/2023 03/31/2023 04/05/2023 8,923.19 Vendor 44435 - ROOTX Totals Invoices 1 $8,923.19 Vendor 48684 - RS 9017690013 Pump Stations Paid by Check #112079 03/23/2023 04/12/2023 03/31/2023 04/12/2023 446.01 Vendor 48684 - RS Totals Invoices 1 $446.01 Vendor 49953 - KEVIN & CARMEN SANCHEZ 2350148 Water Use Reduction Rebates Paid by Check #112034 03/29/2023 04/05/2023 03/31/2023 04/05/2023 164.25 Vendor 49953 - KEVIN & CARMEN SANCHEZ Totals Invoices 1 $164.25 Vendor 48911 - JOHN SHERIDAN SHERIDAN041723 Travel - Meetings - Education Paid by Check #112080 04/03/2023 04/12/2023 04/30/2023 04/12/2023 278.00 Vendor 48911 - JOHN SHERIDAN Totals Invoices 1 $278.00 Run by Erika Franco on 04/12/2023 01:53:13 PM Page 8 of 10 5013, n 'a",F 190 m- _ AG@SIC r . 1950 G� UTILITY D1 Invoice Number Invoice Description Status Held Reason Invoice Date Due Date Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing G/L Date Received Date Payment Date Invoice Net Amount Vendor 43888 - SONSRAY MACHINERY LLC PS0070410-1 Automotive Paid by Check #112081 03/28/2023 04/12/2023 03/31/2023 04/12/2023 281.32 Vendor 43888 - SONSRAY MACHINERY LLC Totals Invoices 1 $281.32 Vendor 44577 - SOUNDPROS INC 230322-48 Public Relations Expense Paid by Check #112035 03/22/2023 04/05/2023 04/30/2023 04/05/2023 49.00 Vendor 44577 - SOUNDPROS INC Totals Invoices 1 $49.00 Vendor 23450 - SOUTH TAHOE REFUSE Mar 23 Stmt Refuse Disposal & Buildings Paid by Check #112036 04/01/2023 04/05/2023 03/31/2023 04/05/2023 3,825.00 Vendor 23450 - SOUTH TAHOE REFUSE Totals Invoices 1 $3,825.00 Vendor 45168 - SOUTHWEST GAS MARCH 2O23 Natural Gas Paid by Check #112037 03/28/2023 04/05/2023 03/31/2023 04/05/2023 31,361.13 Vendor 45168 - SOUTHWEST GAS Totals Invoices 1 $31,361.13 Vendor 49954 - HOLLIE & RYAN STRAUBINGER 3352203 Clothes Washer Rebate Program Paid by Check #112038 03/27/2023 04/05/2023 03/31/2023 04/05/2023 200.00 Vendor 49954 - HOLLIE & RYAN STRAUBINGER Totals Invoices 1 $200.00 Vendor 24050 - TAHOE BASIN CONTAINER SERVICE Mar 23 Stmt Refuse Disposal & Biosolid Paid by Check #112039 04/01/2023 04/05/2023 03/31/2023 04/05/2023 14,362.44 Vendor 24050 -TAHOE BASIN CONTAINER SERVICE Totals Invoices 1 $14,362.44 Vendor 48229 - TAHOE DAILY TRIBUNE IN85813 Ads -Legal Notices Paid by Check #112082 04/01/2023 04/12/2023 03/31/2023 04/12/2023 764.50 Vendor 48229 -TAHOE DAILY TRIBUNE Totals Invoices 1 $764.50 Vendor 48927 - TAHOE VALLEY LODGE 1052 Standby Accommodations Paid by Check #112083 03/31/2023 04/12/2023 03/31/2023 04/12/2023 1,740.00 Vendor 48927 - TAHOE VALLEY LODGE Totals Invoices 1 $1,740.00 Vendor 48877 - SHELLY THOMSEN THOMSEN041723 Travel - Meetings - Education Paid by Check #112084 04/03/2023 04/12/2023 04/30/2023 04/12/2023 316.00 Vendor 48877 - SHELLY THOMSEN Totals Invoices 1 $316.00 Vendor 48748 - THUNDERBIRD COMMUNICATIONS 3297 Communication Upgrades Phase 2 Paid by Check #112040 03/09/2023 04/05/2023 03/31/2023 04/05/2023 5,138.16 Vendor 48748 - THUNDERBIRD COMMUNICATIONS Totals Invoices 1 $5,138.16 Vendor 43718 - USA BLUE BOOK 292246 Pump Stations Paid by Check #112041 03/08/2023 04/05/2023 03/31/2023 04/05/2023 558.64 296143 Repair - Maintenance Water Paid by Check #112041 03/13/2023 04/05/2023 03/31/2023 04/05/2023 3,464.23 Tanks 311172 Pump Stations Paid by Check #112085 03/27/2023 04/12/2023 03/31/2023 04/12/2023 730.47 Run by Erika Franco on 04/12/2023 01:53:13 PM Page 9 of 10 195a Payment of Claims Payment Date Range 03/30/23 - 04/12/23 Report By Vendor - Invoice Summary Listing Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount Vendor 43718 - USA BLUE BOOK Totals Invoices 3 $4,753.34 Vendor 15155 - USDA FOREST SERVICE BF051900AD636 Regulatory Operating Permits Paid by Check #112086 03/27/2023 04/12/2023 03/31/2023 04/12/2023 73.72 BF051900AD637 Regulatory Operating Permits Paid by Check #112086 03/27/2023 04/12/2023 03/31/2023 04/12/2023 9,484.75 Vendor 15155 - USDA FOREST SERVICE Totals Invoices 2 $9,558.47 Vendor 25700 - WEDCO INC S100005686.001 Small Tools S100006033.001 Buildings S100006326.001 Buildings S100006899.001 Buildings S100007162.001 Small Tools Vendor 25850 - WESTERN NEVADA SUPPLY 39676937 Biosolids Equipment - Building 39682520 Secondary Equipment Vendor 49738 - WEX BANK 87954579 Diesel Expense Paid by Check #112042 03/24/2023 04/05/2023 03/31/2023 Paid by Check #112042 03/27/2023 04/05/2023 03/31/2023 Paid by Check #112042 03/28/2023 04/05/2023 03/31/2023 Paid by Check #112087 03/30/2023 04/12/2023 03/31/2023 Paid by Check #112087 03/31/2023 04/12/2023 03/31/2023 Vendor 25700 - WEDCO INC Totals Invoices Paid by Check #112088 03/22/2023 04/12/2023 03/31/2023 Paid by Check #112043 03/24/2023 04/05/2023 03/31/2023 Vendor 25850 - WESTERN NEVADA SUPPLY Totals Invoices Paid by Check #112044 03/23/2023 04/05/2023 03/31/2023 Vendor 49738 - WEX BANK Totals Invoices Grand Totals 04/05/2023 25.02 04/05/2023 136.22 04/05/2023 474.81 04/12/2023 76.88 04/12/2023 33.79 5 $746.72 04/12/2023 2,815.34 04/05/2023 316.54 2 $3,131.88 04/05/2023 1,013.70 1 Invoices 157 $1,013.70 $571,970.14 Run by Erika Franco on 04/12/2023 01:53:13 PM Page 10 of 10 OL 0a0a 1950 SOUTH TAHOE PUBLIC UTILITY DISTRICT David Peterson, President BOARD MEMBERS Kelly Sheehan, Director Nick Haven, Director Shane Romsos, Vice President Nick Exline, Director John Thiel, General Manager Paul Hughes, Chief Financial Officer REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT March 16, 2023 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 Peterson, Directors Haven, Romsos, Sheehan, Exline Staff: John Thiel, Gary Kvistad, Paul Hughes, Melonie Guttry, Art Zorio, Julie Ryan, Chris Skelly, Ross Cole, Megan Colvey, Liz Kauffman, Ryan Lee, Star Glaze, Jessica Mendoza, Shannon Chandler, Stephen Caswell, Brent Goligoski, Shelly Thomsen 1. PLEDGE OF ALLEGIANCE: 2. COMMENTS FROM THE AUDIENCE: Melonie Guttry read a letter from Jack and Roberta Hanson regarding the monthly billing structure recently adopted at the District. 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR: Melonie Guttry announced that there is a proposed change to Consent Item 4b - Keller -Heavenly Water System Improvements Project, Phase 2 to modify the requested Board action to read as: 1) Approve Change Order No. 2 to the District Contract with White Rock Construction, Inc.; and 2) Authorize the General Manager to execute Change Order No. 2 at no cost to the District. 4. ADOPTION OF CONSENT CALENDAR: Moved Romsos/Second Sheehan/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to approve the Consent Calendar with changes as presented. a. DECEMBER 31, 2022 FISCAL YEAR TO DATE FINANCIAL STATEMENTS (Paul Hughes, Chief Financial Officer) Received and filed the December 31, 2022 Income Statement and Balance Sheet Reports. REGULAR BOARD MEETING MINUTES: March 16, 2023 PAGE-2 b. KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 (Trevor Coolidge, Senior Engineer) 1) Approved Change Order No. 2 to the District Contract with White Rock Construction, Inc.; and 2) Authorize the General Manager to execute Change Order No. 2 at no cost to the District. c. 2023 BARTON AREA VALVE INSTALLATION PROJECT (Adrian Combes, Senior Engineer) Authorized staff to advertise for construction bids for the 2023 Barton Area Valve Installation Project. d. AERATION BLOWER SYSTEM EMERGENCY POWER AND SECONDARY CLARIFIERS NO'S. 1 AND 2 PROJECT (Brent Goligoski, Associate Engineer) 1) Approved Change Order No. 5 to Vinciguerra Construction, Inc, in the amount of <$2,843,948.74> for the Aeration Blower System Emergency Power and Secondary Clarifiers No's. 1 and 2 Project; 2) Authorized the General Manager to execute Change Order No. 5; and 3) Authorized the General Manager to negotiate and approve the transfer of material purchase order contracts from Vinciguerra to the District. e. RECEIVE AND FILE PAYMENT OF CLAIMS (Greg Dupree, Accounting Manager) Received and filed Payment of Claims in the amount of $3,288,537.95. f. REGULAR BOARD MEETING MINUTES: February 16, 2023 (Melonie Guttry, Executive Services Manager/Clerk of the Board) Approved February 16, 2023, Minutes 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION/ACTION: None 6. ITEMS FOR BOARD ACTION: a. 2023 Luther Pass and Heavenly Tanks Rehabilitation Project (Brent Goligoski, Associate Engineer) — Brent Goligoski provided details regarding the 2023 Luther Pass and Heavenly Tanks Rehabilitation Project. Moved Sheehan/Second Peterson/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to 1) Find the bid from Euro Style Management non -responsive and reject Bid; 2) Find minor irregularities in the bid from Farr Construction Corporation, dba Resource Development Company (RDC) to be immaterial and waive immaterial irregularities; and 3) Award Project to the lowest responsive, responsible bidder RDC in the amount of $1,178,000 including the Alternate Bid Item. b. Construction Inspection Services 2023 (Julie Ryan, Engineering Department Manager) - Julie Ryan provided details regarding Construction Inspection Services 2023 and addressed questions form the Board. President Peterson provided details as explained at the Finance Committee pertaining to these proposed services. REGULAR BOARD MEETING MINUTES: March 16, 2023 PAGE - 3 Moved Sheehan/Second Peterson/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to (1) Approve the proposed Scope of Work from Construction Materials Engineers to provide construction inspection and materials testing services; and, (2) Authorize the General Manager to execute Task Order No. 21 in an amount not to exceed $474,030. C. Winter Storms Emergency Response - John Thiel provided details regarding Winter Storms Emergency Response and addressed questions from the Board. Shelly Thomsen provided additional details regarding the press release being developed regarding community partnerships. President Peterson provided information regarding El Dorado Water Agencies storm water management in rural areas initiative and how to leverage these points in the press release. Director Romsos thanked staff for their efforts and long hours in responding to these emergencies. Directors Exline and Haven echoed his comments. Moved Haven/Second Romsos/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to authorize the District to 1) Determine an emergency exists as defined in Section 1 102 of the Public Contract 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 compliance with the District purchasing requirements and that this action is necessary to respond to the emergency; 3) Adopt Resolution 3234-23 delegating authority to the General Manager to order any action necessary to respond to this emergency; 4) Determine this project is exempt from the California Environmtal Quality Act pursuant to Public Resources Code section 210808(b) (2) and (4); 5) Authorizing filing a Notice of Exemption; and 6) Approve expenditures necessary to start emergency response not to exceed $300,000. 7. STANDING AND AD -HOC COMMITTEES AND LIAISON REPORTS: Director Exline reported regarding the City Council Liaison meeting held February 21, 2023. John Thiel added that the City of South Lake Tahoe is working on a Request for Proposals to complete a study regarding power. The System Efficiency and Sustainability Committee is meeting on March 21, and he requested that the study be provided to that committee when available. Director Romsos reported details regarding the Operations Committee meeting on Monday, March 13, 2023. Director Haven reported details regarding the Finance Committee Meeting on March 10, 2023. He indicated staff did a great job providing budget details. President Peterson reported details of the upcoming rate review in relation to the Proposition 218 process. The Finance Committee recommended a separate revenue line item for solar once it is installed, with a separate look at the Reserve Fund. 8. BOARD MEMBER REPORTS: President Peterson reported District staff are experiencing these storms along with and as members of the community and asked that the public have patience during these disasters. Director Romsos outlined information regarding a climate resiliency workshop that he attended. 9. EL DORADO WATER AGENCY PURVEYOR REPORT: President Peterson provided details regarding the federal affairs meeting he recently attended as part of the El Dorado Water Agency. 10. STAFF/ATTORNEY REPORTS: Melonie Guttry and Chris Skelly provided information regarding the District's Multi -Factor Authentication for all accounts and addressed questions from the Board. The Information REGULAR BOARD MEETING MINUTES: March 16, 2023 PAGE - 4 Technology Department will assist Board Members with installing the Authentication Application on their mobile devices over the next month. Ross Cole presented the 2023 Water Leak Update and addressed questions from the Board. Ryan Lee provided a monthly billing update and addressed questions from the Board. Additionally, he addressed the concern from customers Hanson. He has spoken with these customers, who are sewer customers only, and for sewer only customers monthly billing may be a little more inconvenient. Options are being offered to customers who feel monthly billing is an inconvenience. Shelly Thomsen provided a legislative affairs update and addressed questions from the Board. Attorney Kvistad provided information regarding the Inflation Reduction Act. 11. GENERAL MANAGER REPORT: John Thiel reported on several items: • Provided a staffing update and introduced new Senior Engineer, Megan Colvey • Provided details regarding a meeting with Jennifer Lukins who has notified the District that the state will likely be in touch regarding consolidation efforts. President Peterson recused himself at 4:00 p.m. • Provided details regarding the Tahoe Keys Property Owner's Association meeting he attended on March 15, 2023, and addressed questions from the Board. President Peterson rejoined the meeting at 4:07 p.m. 12. NOTICE OF PAST AND FUTURE MEETINGS/EVENTS 13. BREAK AND ADJOURN TO CLOSED SESSION: 4:08 p.m. RECONVENE TO OPEN SESSION: 5:02 p.m. a. Pursuant to Section 54956.9(d)(1) of the California Government code, Closed Session maybe held for conference with legal counsel regarding existing litigation: Yolo County Superior Court Case CV 2021-1686, Alpine County vs. South Tahoe Public Utility District; et al. No reportable Board Action ADJOURNMENT: 5:03 p.m. David Peterson, Board President South Tahoe Public Utility District Melonie Guttry, Clerk of the Board South Tahoe Public Utility District OL 0a0a 1950 SOUTH TAHOE PUBLIC UTILITY DISTRICT David Peterson, President BOARD MEMBERS Kelly Sheehan, Director Nick Haven, Director Shane Romsos, Vice President Nick Exline, Director John Thiel, General Manager Paul Hughes, Chief Financial Officer REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT April 6, 2023 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 Peterson, Directors Haven, Romsos, Sheehan, Exline Staff: John Thiel, Gary Kvistad, Paul Hughes, Melonie Guttry, Julie Ryan, Chris Stanley, Trevor Coolidge, Greg Dupree, Bren Borley, Ross Cole, Megan Colvey, Brent Goligoski, Heidi Baugh, Stephen Caswell, Ryan Lee, Shelly Thomsen, Trevor Coolidge, Taylor Jamie Guests: Dave Galicia, GB Construction; Satchi Itagaki, Kennedy Jenks (Telephone) 1. PLEDGE OF ALLEGIANCE: 2. COMMENTS FROM THE AUDIENCE: None 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR: 4. ADOPTION OF CONSENT CALENDAR: Moved Haven/Second Romsos/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to approve the Consent Calendar as presented. a. FISCAL YEARS 2023, 2024 AND 2025 AUDIT SERVICES (Paul Hughes, Chief Financial Officer) Approved the Proposal from Mann, Urrutia & Nelson to extend their Contract to provide audit services for fiscal years 2023, 2024 and 2025 in a total amount not to exceed $169,500. b. SECONDARY CLARIFIER NO. 3 REHABILITATION PROJECT (Stephen Caswell, Principal Engineer) Approved Proposal to amend existing Task Order No. 20 for Carollo Engineers, Inc., for the Secondary Clarifier No. 3 Rehabilitation Project additional design services in an amount not to exceed $13,633. REGULAR BOARD MEETING MINUTES: April 6, 2023 PAGE - 2 c. CALPERS REQUIRED PAY LISTING BY POSITION (Greg Dupree, Accounting Manager) Adopted Resolution 3243-23 which incorporates the Pay Listing by Position for the pay listing effective March 01, 2023. d. RECEIVE AND FILE PAYMENT OF CLAIMS (Greg Dupree, Accounting Manager) Received and filed Payment of Claims in the amount of $2,612,833.13. 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION/ACTION: None 6. ITEMS FOR BOARD ACTION: a. Water Year 2022 Annual Report (Julie Ryan, Engineering Department Manager) - Julie Ryan provided an overview of the Water Year 2022 Annual Report process. President Peterson opened the Public Hearing at 2:04 p.m. to receive public comments and present the Tahoe Valley South Subbasin (6-005.01) Annual Report for Water Year 2022. Satchi Itaaaki of Kennedy Jenks provided a PowerPoint presentation regarding the Water Year 2022 Annual Report and addressed questions from the Board. No comments were received and President Peterson closed the Public Hearing at 2:28 p.m. Moved Romsos/Second Exline/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to approve the 2022 Annual Report and authorize submitting to the California Department of Water Resources. b. Winter Storms Emergency Response (John Thiel, General Manager) — John Thiel provided details regarding progress made on the Winter Storms Emergency Response to date. Paul Hughes provided details regarding the Emergency Operations Center activites over the past month. Chris Stanley presented photos regarding some of the work being completed throughout the community and addressed questions from the Board. Director Exline congratulated Chris Stanley and his staff on an excellent job containing flooding throughout these storms. Trevor Coolidge provided a presentation regarding work at Diamond Valley Ranch throughout the storm events and addressed questions from the Board. John Thiel provided a recap of activities at the Wastewater Treatment Plant throughout the storm events. Paul Hughes recommended that the overall funds set aside for this emergency be increased to $600,000 in order to complete the required work. FEMA funds should be available soon to cover some of this work. Moved Exline/Second Romsos/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to continue the emergency action to respond to the Winter Storms Emergency pursuant to Public Contract Code Section 22050(c) and Resolution No. 3242-23 and 2) approve expenditures necessary for emergency response not to exceed $600,000. C. 2023 Flagpole 2/Iroquois 2 Tanks Recoating Project (Megan Colvey, Senior Engineer and Heidi Baugh, Purchasing Agent) - Megan Colvey provided information regarding the 2023 Flagpole 2/Iroquois 2 Tanks Recoating Project and addressed questions from the Board. After some discussion, the Board directed staff to revisit this item with legal counsel and bring back a recommendation for Board consideration at the April 20, 2023 Board meeting. REGULAR BOARD MEETING MINUTES: April 6, 2023 PAGE - 3 d. 2023-2024 Tank Coatings Touchup Project (Megan Colvey, Senior Engineer and Heidi Baugh, Purchasing Agent) -Megan Colvev provided details regarding the 2023-2024 Tank Coatings Touchup Project and addressed questions from the Board. The Board directed staff to revisit this item with legal counsel and bring back a recommendation for Board consideration at the April 20, 2023 Board meeting. e. Secondary Clarifier No. 2 Rehabilitation Project (Brent Goligoski, Associate Engineer) — Brent Goligoski provided details regarding the Secondary Clarifier No. 2 Rehabilitation Project and addressed questions from the Board. Moved Exline/Second Sheehan/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to 1) Find minor irregularities in the bid from T&S Construction Co., Inc. to be immaterial and waive immaterial irregularities; and 2) Award the Project to the lowest responsive, responsible bidder, T&S Construction Inc., in the amount of $2,064,900. f. REBID 2023 Asphalt Patching and Trench Paving Services (Chris Stanley, Field Operations Manager and Heidi Baugh, Purchasing Agent) - Chris Stanley provided details regarding the REBID 2023 Asphalt Patching and Trench Paving Services and addressed questions from the Board. Moved Romsos/Second Exline/Peterson Yes/Haven Yes/Romsos Yes/Sheehan Yes/Exline Yes to 1) Find minor irregularities in the bid from G.B. General Engineering Contractor, Inc. to be immaterial and waive immaterial irregularities; and 2) Award the project to the lowest responsive, responsible bidder, G.B. General Engineering Contractor, Inc., in the amount of $469,540. 7. STANDING AND AD -HOC COMMITTEES AND LIAISON REPORTS: Director Romsos provided details regarding the System Efficiency and Sustainability Committee. Ross Cole provided details regarding metrics for measuring climate resiliency grant opportunities. Directors Romsos and Exline provided details regarding the most recent Operations Committee meeting. 8. BOARD MEMBER REPORTS: Nothing to report 9. EL DORADO WATER AGENCY PURVEYOR REPORT: President Peterson reported that the next meeting is April 12, 2023 with a Countywide Plenary for Water scheduled for Thursday, April 13, 2023. 10. STAFF/ATTORNEY REPORTS: Ross Cole provided a PowerPoint presentation regarding the Annual Sewer Inspection Update and addressed questions from the Board. 11. GENERAL MANAGER REPORT: John Thiel reported on several items: • Provided a staffing update • Provided information regarding the recent California Tahoe Conservancy meeting. • Paul Hughes provided an update regarding the General Counsel Request for Proposals which are due on Friday, April 7, 2023. REGULAR BOARD MEETING MINUTES: April 6, 2023 PAGE - 4 12. NOTICE OF PAST AND FUTURE MEETINGS/EVENTS 13. BREAK AND ADJOURN TO CLOSED SESSION: 4:23 p.m. RECONVENE TO OPEN SESSION: 4:45 p.m. a. Pursuant to Section 54956.9(d) (1) of the California Government code, Closed Session may be held for conference with legal counsel regarding existing litigation: Yolo County Superior Court Case CV 2021-1686, Alpine County vs. South Tahoe Public Utility District; et al. No reportable Board Action ADJOURNMENT: 4:46 p.m. David Peterson, Board President South Tahoe Public Utility District Melonie Guttry, Clerk of the Board South Tahoe Public Utility District General Manager John A. Thiel South Tahoe ShNiCK Haven aDirectors neR,omsos DavPublic, K Utility District ellyPeterson eIIY Sheehan NicK Exline 1275 Meadow Crest [Drive • 5outh Lake Tahoe • CA 96150-74C1 Phone 530 544-0474 • Fax 530 541-0614 • www otpuziu5 BOARD AGENDA ITEM 6a TO: Board of Directors FROM: Julie Ryan, Engineering Department Manager MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: Conference with Legal Counsel - Potential Litigation REQUESTED BOARD ACTION: Direct Staff DISCUSSION: Pursuant to Government Code Section 54956.9(b) of the California Government Code, Conference with Legal Counsel regarding Potential 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: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO General Manager John Thiel th T 5ouahoe Directors Nici< paves Shane'R,omsos Public Utility District DaKIIY ellY eherson Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7a TO: Board of Directors FROM: Megan Colvey, Senior Engineer Heidi Baugh, Purchasing Agent MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: 2023 Flagpole 2/Iroquois 2 Tanks Recoating Project REQUESTED BOARD ACTION: 1) Find the bids received from Quality Painting & Sandblasting and Toledo Industrial Coatings to be non -responsive and reject both bids; 2) Reject the bid protest from Quality Painting & Sandblasting; 3) Find minor irregularities in the bid from Farr Construction Corporation, dba Resource Development Company to be immaterial and waive immaterial irregularities; and 4) Award Project to the lowest responsive, responsible bidder, Farr Construction Corporation, dba Resource Development Company in the amount of $446,900. DISCUSSION: On February 2, 2023, the Board authorized staff to advertise for bids for the 2023 Flagpole 2/Iroquois 2 Tanks Recoating Project (Project). The Project consists of removing existing coatings on the tanks' interiors, preparing the surfaces, and recoating the interiors of both tanks. At Flagpole 2 Tank, the exterior of the tank will also be prepared and overcoated. While the tanks are offline, before the coating work begins, staff will install brackets for passive cathodic protection anodes, and other minor repairs. Both tanks have been taken offline due to significant coatings failures on the tanks' interiors, and will remain offline until after the new coatings have been installed and passed testing. Bids were opened on Tuesday, March 14, 2023, at 10:00 a.m. Five (5) bids were received. The bid amounts ranged from $396,750 to $576,900. The Engineer's Estimate for construction is $417,000. As indicated in the attached memorandum and bid summary by the Purchasing Agent, staff found irregularities in all five bids received. There is an important distinction between irregularities that are immaterial and ones that are material. Immaterial irregularities may be waived by the Governing Board, in its discretion. Material irregularities generally give the bidder an unfair competitive advantage or contain errors that would permit the bidder to withdraw its bid. Material irregularities may not be waived. Megan Colvey Page 2 April 20, 2023 The apparent low bid received from Quality Painting & Sandblasting for the Project did not include an original, hard copy Bid Bond (Bid Security) at the time of bid opening as required by the contract specifications. The second apparent low bid received from Process Measurement Group dba Toledo Industrial Coatings also did not include an original, hard copy Bid Bond at the time of bid opening as required by the contract specifications. An original, hard copy Bid Bond from Toledo Industrial Coatings was delivered to the District via FedEx; however, it did not arrive until two (2) hours after the bid opening. It has been a long-standing requirement of the District that a valid original Bid Security be provided to the District at the time of bid opening. The requirement for a valid, hard copy original Bid Bond is listed in the second paragraph in the Invitation to Bid as well as on page 4, second paragraph of the General Bid Instructions, Terms & Conditions. It is in the opinion of staff that if the District does not have a valid Bid Security in hand, a bidder could have the opportunity to withdraw their bid which provides a material advantage over other bidders. Staff recommends that the Board find Quality Painting & Sandblasting and Toledo Industrial Coatings non -responsive and reject their bid based on this material deviation from the Bid Security Requirements. On Sunday, March 19, 2023, staff received a timely bid protest (Protest) from the apparent low bidder, Quality Painting & Sandblasting. The Protest from Quality Painting & Sandblasting protests that the bid instructions are contradictory and confusing for submitting electronically as opposed to sending in physical copies of all bid forms. The letter acknowledges an oversight by Quality Painting & Sandblasting of the requirement to deliver the hard copy original Bid Bond to the District in advance of the bid opening. The letter protests that Quality Painting & Sandblasting should be considered the lowest responsive, and responsible bidder. Quality Painting & Sandblasting's basis for Protest is described in detail in their protest letter (attached). Staff consulted with District legal counsel and issued a response letter on Friday, March 24, 2023, within seven (7) calendar days after receipt of the protest letter. After review, District legal counsel found the Protest submitted by Quality Painting & Sandblasting to be meritless and that it should be rejected in its entirety. As a foundational matter, a bid must conform to the material terms of the bid package. The District considers the submission of the bid security, pursuant to the terms of the Bid Documents, to be a material requirement which cannot be waived under California law. Per the General Bid Instructions, bids that do not meet the requirements of the Contract Documents may be deemed non -responsive and rejected by the District. Staff recommends that the Board reject the bid protest from Quality Painting & Sandblasting. The third lowest bid received from Farr Construction Corporation dba Resource Development Company (RDC) contained only minor irregularities as listed in the attached memorandum by the Purchasing Agent. Staff recommends that the Board waive these minor immaterial irregularities and award to RDC as the lowest responsive, responsible bidder in the amount $446,900. A summary of all bids received, including bid irregularities, is included in the attached memorandum. Megan Colvey Page 3 April 6, 2023 The Engineer's Estimate was $417,000. The total budget allocated for this Project is $417,000 (Fiscal Year 22/23 and Fiscal Year 23/24). With Board approval and award, staff expects the project to proceed as follows: -Bid Award: April 20, 2023 -Notice to Proceed: May 11, 2023 -Work Complete: September 30, 2023 Staff recommends that the Board: 1) Find the bids received from Quality Painting & Sandblasting and Toledo Industrial Coatings to be non -responsive and reject both bids; 2) Reject the bid protest from Quality Painting & Sandblasting; 3) Find minor irregularities in the bid from RDC to be immaterial and waive immaterial irregularities; and 4) Award the Project to the lowest responsive, responsible bidder, RDC in the amount of $446,900. SCHEDULE: N/A COSTS: $446,900 ACCOUNT NO: 2030-7077; 2030-8483 BUDGETED AMOUNT AVAILABLE: $417,000 ATTACHMENTS: Bid Summary Memorandum CONCURRENCE WITH REQUESTED ACTIO GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES`f NO NO CATEGORY: Sewer/Water South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 (530) 544-6474 FAX (530) 541-0614 Memorandum To: Board Members John Thiel, General Manager Julie Ryan, Engineering Department Manager Megan Colvey, Senior Engineer Fr: Heidi Baugh, Purchasing Agent Re: 2023 Flagpole 2 / Iroquois 2 Tanks Recoating Date: April 6, 2023 On Tuesday, March 14, 2023, at ten o'clock A.M. we received and opened five (5) sealed bids via the District's electronic bidding format for the above -referenced project. Bids ranged from a low of $396,750 to $576,900. The engineer's estimate is $417,000. A careful review and analysis of each bid showed deviations listed on the attached sheet. See attached spreadsheets for a full breakdown of each bid. Three of the five bids did not provide the hard copy bid bond by opening deadline. Farr Construction Corporation dba Resource Development Company is the apparent low bidder. Farr's bid showed only minor deviations or omissions. I contacted the Contractors License Board and was given the following information: ➢ License Number 1050646 is current and active. ➢ The company is a corporation. ➢ Farr Construction Corporation dba Resource Development Company holds a Class C33 — Painting and Decorating license. ➢ Farr's CA DIR registration is current and was at the time of bid opening. 2023 Flagpole 2 / Iroquois 2 Tanks Recoating Bid Opening: 3/14/2023 at 10:00 o'clock a.m. Deviations and information gathered during bid analysis of the three lowest bids: Quality Painting & Sandblasting • No hard copy bid bond was received by bid opening. • Bidder's General Information Item 5, did not provide name of surety. Able to obtain information from bid bond uploaded to PlanetBids. Process Measurement Group dba Toledo Industrial Coatings. • No hard copy bid bond was received by bid opening. Was delivered by Fedex after Noon on March 14. Label indicated it would be delivered by Tues 14-Mar 11:OOA. • Bidder's General Information Item 5, did not provide surety information, only agent/broker information was listed. Able to obtain information from bid bond uploaded to PlanetBids. • Certification by Contractor's Insurance Broker form identified liability insurance company who was not admitted to California. Farr Construction Corporation dba Resource Development Company • Bidder's General Information, Item 5, surety information was not provided; only agent/broker. I was able to obtain surety information from bid bond. Euro Style Management • Certification by Contractor's Insurance Broker form identified liability insurance company that was not admitted to California. Advanced Industrial Services, Inc. • No hard copy bid bond was received by bid opening. Delivered by Fedex after Noon on March 14. Label indicated delivery for Mon — 13 MAR 4:30P. • No copy of bid bond was uploaded with bid forms to PlanetBids. • Bidder's General Information, Item 5, surety identified as "Travelers", which was not enough information to verify compliance with specifications. Unified Field Services Corp • No bid submitted to PlanetBids. • Hard Copy Bid Bond was delivered by FedEx after Noon March 14. Label indicated delivery for MON — 13 MAR 12:OOP. South Tahoe Public Utility District Bid Results for Project 2023 FLAGPOLE 2 / IROQUOIS 2 TANKS RECOATING PROJECT Bid Due on March 14, 2023 10:00 AM (PDT) Item # Description U/M Qnty Quality Painting & Sandblasting Toledo Industrial Coatings Farr Construction Corporation dba Resource Development Company Euro Style Management Advanced Industrial Services Inc Bid Schedule A: Flagpole 2 Potable Water Tank 1 Mobe/Demob LS 1 $45,000.00 $20,000.00 $1,300.00 $15,000.00 $20,000.00 2 Interior Recoating LS 1 $126,550.00 $120,000.00 $190,400.00 $177,000.00 $196,000.00 3 Exterior Recoating LS 1 $32,600.00 $100,700.00 $50,500.00 $80,000.00 $133,900.00 Subtotal $204,150.00 $240,700.00 $242,200.00 $272,000.00 $349,900.00 Bid Schedule B: Iroquois 2 Potable Water Tank 4 Mobelize/Demob LS 1 $46,050.00 $25,000.00 $1,200.00 $14,000.00 $16,000.00 5 Interior Recoating LS 1 $146,550.00 $148,160.00 $203,500.00 $191,000.00 $211,000.00 Subtotal $192,600.00 $173,160.00 $204,700.00 $205,000.00 $227,000.00 TOTAL $396,750.00 $413,860.00 $446,900.00 $477,000.00 $576,900.00 General Manager John Thiel l�cp Directors w8tar South Tah Nick Haven oe shaneRomsos _ David Peterson public Utility District Kelly Sheehan Nick Exline 1275 Meadow Crest Drive • 5outh Lake Tahoe • CA 96150-7401 Phone 530 544-6474 • Fax 530 541-0614 • www.5tpud.u5 March 24, 2023 Brad Warner Quality Painting & Sandblasting 6274 Walnut Creek Rd. Reno, Nevada 85923 RE: Bid Protest; 2023 Flagpole 2/Iroquois 2 Tanks Recoating Project Dear Mr. Warner: The South Tahoe Public Utility District ("District") is in receipt of your bid protest sent via email on March 19, 2023 (dated March 18, 2023) ("Protest") regarding the bid submitted by Quality Painting & Sandblasting ("QPS"), for the above -referenced project ("Project"). Based on our review, the Protest is meritless and should be rejected in its entirety. As a foundational matter, a bid must conform to the material terms of the bid package. (DeSilva Gates Constr. V. Department of Transp (2015) 242 Cal.App.4'" 1409; Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175). While the District can waive inconsequential irregularities in a bid, material deviations, like those that grant the bidder a competitive advantage or impact price, cannot be waived by the agency. (Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.AppAth 1432, 1440-1441; Konica Business Machs. U.S.A. v. Regents of Univ. of Col.(1988) 206 Cal.App.3d 449, 454). Because, without proper and enforceable bid security in place, a bidder is not functionally bound to honor the terms of their bid, they enjoy a lower inherent risk if their bid turns out to be erroneous or far less than the second low bidder. Accordingly, the District considers the submission of the bid security, pursuant to the terms of the Bid Documents, to be a material requirement which cannot be waived under California law. The District recognizes that every project presents unique challenges and risks, however, bid securities are a constant requirement for every project regardless of the underlying scope. Further, as QPS admits in their Protest that the requirement for hard copy original of the bid security to be delivered to the District prior to the bid deadline was mentioned twice in the Bid Documents. While the District understands that such an oversight can be frustrating, QPS's inexperience with the electronic submission process, unfortunately, does not alleviate their responsibility to comply with the terms of the Bid Documents. Page 4 of the General Bid Instructions provides, in bold face font: "The hard copy original bid security (in the acceptable forms listed above) MUST be delivered to the District Office by the date and time specified in the Invitation to Bid. (emphasis in original). This is an unambiguous material requirement which, is critical to the bidding process. QPS's failure to include the bid security prior to the bid opening date interfered with the District's ability to evaluate the validity of said security. Without a bid security, the District would have little recourse in the event QPS failed to honor their initial bid. The reduced risk associated with the submission of a bid which is not tied to a bid security afforded QPS a competitive advantage, which was not extended to the other bidders, and cannot be waived by the District. QPS further alleges that, because they were still contractually bound to honor their bid for a period of sixty (60) days under the terms of the Bid Documents, their failure to provide a bid security is inconsequential. The District disagrees with this reasoning as recourse through the bid security is separate and distinct from any contractual remedies provided by the Bid Documents. The bid security is in place to provide the District with more immediate recourse should a Contractor refuse to honor their bid. Finally, QPS alleges that ambiguities in the Bid Documents regarding whether a submission was to occur electronically or physically was to blame for their confusion. As an initial point, the District does not agree that any ambiguity is present in the Bid Documents with regard to the submission requirements. The Bid Documents expressly lay out that the submission of the bid must occur electronically and that physical submissions of the bid will not be considered. If there were any perceived ambiguities with the requirements imposed by the Bid Documents, the District provided a forum to resolve them. Page 2 of the Invitation to Bid provides the appropriate outlet for bidders to seek clarification with regard to any issues that may arise during the bid period. As QPS failed to seek clarification through said system, they have implicitly accepted the risk that their bid may be rejected due to non-compliance with any requirement, regardless of said perceived ambiguity. The District's Governing Board will consider the bid protest at its regularly scheduled meeting at 2 pm on April 6, 2023. District staff intends to recommend that the Board reject the bid protest submitted by QPS and award the contract to the lowest responsible bidder submitting a responsive bid, Farr Construction Corporation dba Resource Development Company. We appreciate QPS's interest in District projects and encourage you to submit bids in the future. If you have any questions, please contact Megan Colvey at mcolvey@stpud.us or (530) 543-6266. Sincerely, A Julie Ryan, PE Engineering Manager Cc: Mary Beth Coburn, Best, Best, & Krieger LLP Megan Colvey, PE QUALITY -PAINTING 6 SANDBLASTING - To whom it may concern, March 18, 2023 In all my years of working in this industry this has never been an issue. Generally, all bid packets in their entirety are submitted physically together with addendums etc. This was my first time processing an electronic bid. I made sure to read through the BID packet to review the scope of work. I determined that I would in fact be the best fit for this job therefore bided a very competitive rate. I would like to submit this protest as Quality Painting & Sandblasting is the lowest, responsive, & responsible bidder. This protest will outline with examples that the instructions are contradictory and confusing for submitting electronically opposed to sending in physical copies of all bid forms. The rejection of my bid lies solely on the fact that there was an oversight when it came to delivering the notarized bid bond to the district in advance of the Bid deadline. All direction within the bid forms specified electronic submission of the packet in its entirety multiple places, which the notarized bid bond was included. Over the phone multiple representatives of STPUD (Star Glaze & Megan Colvey) stated that the reason that everything must be submitted electronically and the reason for the bid form needing to be delivered to the district physically is due to the fact that a bid can be revoked after bid results without the raised notary stamp. That argument is baseless as on page 1 of the bid forms it states "Bids that are submitted via the District's electronic bidding system at the time setfor opening of Bids shall be irrevocable and may not be withdrawn for a period of sixty (60) days after the date set for the opening of the bids except as noted in "GENERAL BID INSTRUCTIONS, TERMS &CONDITIONS" "REGULAR BIDS". There are numerous times that it directs to submit everything electronically in the bid packet and in the bid forms. After receiving the determination it was brought to my attention that the bid bond needed to be received in physical form Heidi Baugh and that it is written in two spots within the 95 page bid packet to deliver a physical copy. Directly beneath that instruction in bold it states that paper bids would not be accepted. In the 16 page bid forms packet it does not state to send in a hard copy of the bid bond anywhere. Over the phone with one of the STPUD representatives she mentioned that this is a common mistake and happens frequently she told me that a perspective bidder on this specific project had previously been rejected on a different project due to nonresponsive because of not receiving the hard copy of the bid bond form. Many other districts have a checklist which would be extremely useful in the submission process as there are variances from district to district and it would help eliminate common mistakes such as this one. Additionally, on the "bid bond form" there is an "important" section and "note" P QUALITY -PAINTING 6 SANDHLASTING- section at the bottom of the form, within these sections it would also be useful to have specific direction to submit the hard copy to the district as this is not the first time this has been missed by another bidder. In closing, though yes, it states in 2 places in the 95 page bid packet that the bid bond was to be delivered to the district in advance of the Bid deadline, there were numerous places in which it stated that no physical submissions would be considered. It was my oversight and I apologize that the physical copy was not delivered, however on the electronically submitted copy it is visible that it is notarized prior to the bid deadline. On page 4 of the terms and conditions within the bid packet it states twice that it "may be" not "will be" rejected therefore it is my request that you consider removing the rejected status on my bid and allow me the opportunity to save the county money as Quality Painting & Sandblasting was the lowest bidder. Sincer , ndon Warner Quality Painting & Sandblasting General Manager John Thiel th T 5ouahoe Directors Nici< paves Shane'R,omsos Public Utility District DaKIIY ellY eherson Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7b TO: Board of Directors FROM: Megan Colvey, Senior Engineer Heidi Baugh, Purchasing Agent MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: 2023-2024 Tank Coatings Touchup Project REQUESTED BOARD ACTION: Reject all bids and authorize staff to rebid the 2023-2024 Tank Coatings Touchup Project. DISCUSSION: On February 2, 2023, the Board authorized staff to advertise for bids for the 2023-2024 Tank Coatings Touchup Project (Project). This Project is the second bi-annual tank touchup contract issued under the multi -year tank asset management program developed collaboratively by the Engineering and Pumps Departments. Under this project, the following tanks will be drained, cleaned, and receive spot repairs and/or partial recoating of the interior (and, if needed, exterior): Iroquois 1, Forest Mountain, Gardner Mountain 2, and Echo View. Staff will perform other tank maintenance, which may include installing passive anode cathodic protection, if needed. Bids were opened on Thursday, March 23, 2023, at 10:00 a.m. Three (3) bids were received. The bid amounts ranged from $165,300 to $380,000. The Engineer's Estimate for the project, based on project costs for the 2021-2022 Tank Coatings Touchup Project and general bidding climate, is $139,717. A summary of all bids received, including bid irregularities, is included in the attached memorandum. As indicated in the attached memorandum and bid summary by the Purchasing Agent, staff has found irregularities in all three bids received. There is an important distinction between irregularities that are immaterial and ones that are material. Immaterial irregularities may be waived by the Board of Directors, in its discretion. Material irregularities generally give the bidder an unfair competitive advantage or contain errors that would permit the bidder to withdraw its bid. Material irregularities may not be waived. The apparent low bid received from R Sutton Enterprises did not include a hard copy, original Bid Bond (Bid Security) at the time of bid opening as required by the contract specifications. The second apparent low bid received from Farr Construction Corporation dba Resource Development Company (RDC) did include an original, hard copy Bid Bond at the time of bid opening as required by the contract specifications. Megan Colvey Page 2 April 20, 2023 However, the bid total for RDC exceeded the Engineer's Estimate and budget available by $230,028 (more than twice the amount). Staff recommends that the Board reject all bids, and authorize staff to rebid the work. Staff intends to revisit the scope and timing for the project prior to rebidding and may elect to split the project into multiple contracts based on priority and available funding. SCHEDULE: N/A COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: N/A CONCURRENCE WITH REQUESTED AC CATEGORY: Sewer/Water GENERAL MANAGER: YES_ NO CHIEF FINANCIAL OFFICER: YES / t NO South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 (530) 544-6474 FAX (530) 541-0614 Memorandum To: Board Members John Thiel, General Manager Julie Ryan, Engineering Department Manager Megan Colvey, Senior Engineer Fr: Heidi Baugh, Purchasing Agent Re: 2023-2024 Tank Coating Touchups Project Date: April 6, 2023 On Thursday, March 23, 2023, at ten o'clock A.M. we received and opened three (3) sealed bids via the District's electronic bidding format for the above -referenced project. Bids ranged from a low of $165,300 to $380,000. The engineer's estimate was approximately $110,000. A careful review and analysis of each bid showed deviations listed on the attached sheet. See attached spreadsheets for a full breakdown of each bid. Two of the three bids did not provide the hard copy bid bond by opening deadline. Farr Construction Corporation dba Resource Development Company is the apparent low bidder. Farr's bid showed only minor deviations or omissions. I contacted the Contractors License Board and was given the following information: ➢ License Number 1050646 is current and active. ➢ The company is a corporation. ➢ Farr Construction Corporation dba Resource Development Company holds a Class C33 — Painting and Decorating license. Farr's CA DIR registration is current and was at the time of bid opening. 2023-2024 Tank Coating Touchups Project Bid Opening: 3/23/2023 at 10:00 o'clock a.m. Deviations and information gathered during bid analysis of the three lowest bids: R Sutton Enterprises • No hard copy bid bond was received by bid opening. • Page 1, bid was signed by Aaron Johnson, Estimator. No evidence was provided that Aaron Johnson, Estimator, has authority to sign for and bind this company to the bid terms. See p. 3 of the General Bid Instructions, Terms & Conditions under "Signing the Bid Form". • Page 7, Bidder's General Information, Item #5 "Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract" were not filled in. • Page 9, NonCollusion Declaration was not dated, signed or notarized. • Page 15, Acknowledgement of Insurance Requirements identified "Aaron Johnson, Estimator" as the person certifying, but the form was signed by Brad Sutter. The certifier and signature need to be the same person. • Page 17, Certification by Contractor's Insurance Broker was not submitted. Farr Construction Corporation dba Resource Development Company • Page 7, Bidder's General Information, (5) did not name the surety. Information obtained from the Bid Bond provided. Olympus and Associates, Inc. • No hard copy bid bond was received by bid opening. • Page 1, Business address: missing city, state and zip code. • Page 2, Contractors Name and Address: address provided did not match CSLB address information. South Tahoe Public Utility District Bid Results for 2023-'24 TANKS COATING TOUCHUPS Issued: 02/17/2023; Deadline: March 23, 2023 10a.m. R Sutton Enterprises Farr Construction Corporation dba Resource Development Company Olympus and Associates, Inc Item Num Description U/M Quantity Unit Price Total Unit Price Total Unit Price Total Sched. A: Echo View Potable Water Tank 1 Mobe/Demobilization LS 1 $10,000.00 $10,000.00 $4,270.00 $4,270.00 $10,000.00 $10,000.00 2 Spot Repairs SQ IN 1500 $10.00 $15,000.00 $6.50 $9,750.00 $20.00 $30,000.00 3 Large Repairs SF 2400 $12.00 $28,800.00 $32.50 $78,000.00 $25.00 $60,000.00 4 Scaffolding DAILY 20 $50.00 $1,000.00 $310.00 $6,200.00 $1,000.00 $20,000.00 5 Dehumidification WEEKLY 4 $1,500.00 $6,000.00 $20,570.00 $82,280.00 $7,500.00 $30,000.00 6 Sealing/Caulking LF 200 $5.00 $1,000.00 $11.50 $2,300.00 $25.00 $5,000.00 Subtotal: $61,800.00 $182,800.00 $155,000.00 Sched. B: Forest Mtn Potable Water Tank 7 Mobe/Demobilization LS 1 $10,000.00 $10,000.00 $4,275.00 $4,275.00 $5,000.00 $5,000.00 8 Spot Repairs SQ IN 2000 $10.00 $20,000.00 $4.85 $9,700.00 $20.00 $40,000.00 9 Scaffolding DAILY 10 $50.00 $500.00 $490.00 $4,900.00 $1,000.00 $10,000.00 10 Dehumidification WEEKLY 2 $1,500.00 $3,000.00 $20,570.00 $41,140.00 $7,500.00 $15,000.00 111 Sealing/Caulking ILF 200 $5.00 $1,000.00 $11.50 $2,300.00 $25.00 $5,000.00 Subtotal: $34,500.00 $62,315.00 $75,000.00 Sched. C: Iroquois 1 Potable Water Tank 12 Mobe/Demobilization LS 1 $10,000.00 $10,000.00 $4,275.00 $4,275.00 $5,000.00 $5,000.00 13 Spot Repairs SQ IN 2000 $10.00 $20,000.00 $4.85 $9,700.00 $20.00 $40,000.00 14 Scaffolding DAILY 10 $50.00 $500.00 $490.00 $4,900.00 $1,000.00 $10,000.00 15 Dehumidification WEEKLY 2 $1,500.00 $3,000.00 $20,570.00 $41,140.00 $7,500.00 $15,000.00 16 Sealing/Caulking LF 200 $5.00 $1,000.00 $11.50 $2,300.00 $25.00 $5,000.00 Subtotal: $34,500.00 $62,315.00 $75,000.00 Sched. D: Gardner Mtn 2 Potable Water Tank 17 Mobe/Demobilization LS 1 $10,000.00 $10,000.00 $4,275.00 $4,275.00 $5,000.00 $5,000.00 18 Spot Repairs SQ IN 2000 $10.00 $20,000.00 $4.85 $9,700.00 $20.00 $40,000.00 19 Scaffolding DAILY 10 $50.00 $500.00 $490.00 $4,900.00 $1,000.00 $10,000.00 20 Dehumidification WEEKLY 2 $1,500.00 $3,000.00 $20,570.00 $41,140.00 $7,500.00 $15,000.00 21 Sealing/Caulking LF 200 $5.00 $1,000.00 $11.50 $2,300.00 $25.00 $5,000.00 Subtotal: $34,500.001 $62,315.001 $75,000.00 Total $165,300.001 $369,745.001 $380,000.00 General Manager John Thiel Directors Nick Haven uth T Shane Romsos David Peterson Public Utility D15trict Kelly Sheehan Nick Exline 1275 Meadow Crest Prive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7c TO: Board of Directors FROM: John Thiel, General Manager MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: Winter Storms Emergency Response REQUESTED BOARD ACTION: 1) Pursuant to Public Contract Code Section 22050(c), continue the emergency action to respond to the Winter Storms Emergency pursuant to Resolution No. 3242-23. DISCUSSION: The Board declared the Winter Storms Emergency Response as an emergency on March 16, 2023. District staff will provide an update to the Board regarding the status of the emergency. Public Contract Code Section 22050(c) requires the Board to review the emergency action at every Board meeting thereafter until the emergency action is terminated. The Board must determine by a 4/5 vote that there is a need to continue the emergency action. District staff is requesting that the Board continue the emergency action for the response to the Winter Storms Emergency. As you may recall, on March 9th, 2023, Governor Gavin Newsom proclaimed a state of emergency throughout California to support the recent winter storm events that hit the state. These storms caused widespread damage and disruption with heavy snow, freezing temperatures, and strong winds causing avalanches, debris flow, and flooding across the state. The emergency proclamation provides critical support for emergency relief efforts, including assistance for local response efforts to address the impacts of the winter storms. The District has proactively tracked its storm -related expenses, including labor, parts, fuel, materials, and contractor assistance. Given the significant costs associated with responding to and recovering from these events, the District will be seeking reimbursement for eligible expenses through the Cal-OES Hazard Mitigation Assistance John Thiel April 20, 2023 Page 2 Program. Under this program, eligible costs may be reimbursed at a 75 percent state and 25 percent local cost share. SCHEDULE: N/A COSTS: $600,000 ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Resolution No. 3242-23 CONCURRENCE WITH REQUESTED AC _: CATEGORY: Sewer/Water GENERAL MANAGER: YES_ NO CHIEF FINANCIAL OFFICER: YES NO General Manager John Thiel 5outh Tahoe Directors NiHaven ShanelZomsos Public Utility District David Peterson KeIIY Sheehan NicK Exline 1275 Meadow Crest Prive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7d TO: Board of Directors FROM: Adrian Combes, Senior Engineer MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: Meyers Stream Environment Zone - Erosion Control Project - Waterline Relocation REQUESTED BOARD ACTION: Approve and enter into a Construction and Funding Agreement with the County of El Dorado to provide for relocation of a waterline in an amount not to exceed $502,706. DISCUSSION: The County of El Dorado (County) is installing improvements for the Meyers Stream Environment Zone/Erosion Control Project which will include a retention basin, storm drain lines, manholes and a roadside channel. The District and the County worked together to resolve multiple conflicts during design, however there are a few remaining conflicts that require relocation of existing District facilities. The purpose of this Funding Agreement is to relocate those facilities to accommodate the new drainage facilities. The main conflict is that the new storm drain channel on E. San Bernardino from Apache Avenue to Geronimo Way is located at the edge of the existing roadway and conflicts with the location of the existing waterline. The waterline must have a minimum separation distance of 4 feet from the edge of the channel to comply with the State's Drinking Water Standards. To resolve this conflict, the proposed solution is to replace the entire line between Apache and Geronimo which would include 705 linear feet of C900 pipe, installation of seven (7) services and one (1) fire hydrant. Under California law, unless the District can demonstrate its facilities were in place before County roads, the District is responsible for relocation necessitated by "road improvements," including drainage improvements. Staff recommends that the Board enter into an Agreement with the County of El Dorado in the amount of $502,706, for the County to perform the work on the District's water system. This amount is based on an Engineer's Estimate of $402,165 plus a contingency of 25%. The total value of the Agreement will be deposited into an escrow account prior to bidding, adjusted to reflect actual bid price plus contingency after bidding, and then withdrawn by the County from the account during construction pending approval by District staff of Adrian Combes Page 2 April 20, 2023 progress payment requests. While no sources of outside funding have been identified to cover the relocation costs associated with this particular reimbursement agreement, staff will continue to work with its regional, state and federal partners to identify potential sources of outside funding to offset the cost to the District for utility relocations in support of Environmental Improvement Program projects. SCHEDULE: County Project Bids in June 2023 and Construction in July 2023 COSTS: $502,706 ACCOUNT NO: 2030-8222 BUDGETED AMOUNT AVAILABLE: $485,000 ATTACHMENTS: Construction and Funding Agreement provided prior to and at the Board Meeting CONCURRENCE WITH REQUESTED ACTION - GENERAL MANAGER: YES_ CHIEF FINANCIAL OFFICER: YESf IDE -11ce CATEGORY: Water General Manager John Thiel th T 5ouahoe Directors Nici< paves Shane'R,omsos Public Utility District DaKIIY ellY eherson Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7e TO: Board of Directors FROM: Adrian Combes, Senior Engineer MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: 2023 Barton Area Valve Installation Project REQUESTED BOARD ACTION: Award the 2023 Barton Area Valve Installation Project to the lowest responsive responsible bidder. DISCUSSION: On March 16, 2023, the Board authorized staff to advertise for bids for the 2023 Barton Area Valve Installation Project (Project). The work involves installation of nine valves, two fire hydrants and some tie-in piping work at the intersection of 4th and South Street. This project is on a tight schedule requiring a shortened bidding and award period. The valves are needed to shut down the water system so as not to put Barton Hospital out of water, as well as to handle conflicts with the City's concurrent storm drain project scheduled to start at the beginning of June 2023. The Project advertised for bid starting on March 31, 2023 with a bid opening at 10:00 a.m. on April 14, 2023. Protest(s) regarding Bid opening procedures, Bids or the selection of the successful bidder may be received within five (5) calendar days following bid opening. Following the close of the bid protest period, staff will provide a Bid Analysis and recommendation for award prior to and at the Board Meeting. The engineer's estimate for the Project is $31 1,000. SCHEDULE: Contract Award and Notice to Proceed to occur ASAP following bid award. COSTS: N/A ACCOUNT NO: 20.30.7004 BUDGETED AMOUNT AVAILABLE: $714,900 ATTACHMENTS: Bid Summary and Memo to the Board CONCURRENCE WITH REQUESTED ACTT GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES M NO CATEGORY: Water General Manager John Thiel th T 5ouahoe Directors Nici< paves Shane'R,omsos Public Utility District DaKIIY ellY eherson Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7f TO: Board of Directors FROM: Trevor Coolidge, Senior Engineer John Thiel, General Manager MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: Five -Year Diamond Valley Ranch Grazing Permit REQUESTED BOARD ACTION: Renew the five-year Diamond Valley Ranch Grazing Permit Contract with Mission Livestock Management, in the total amount of $965,274.38. DISCUSSION: Following a qualifications based selection process, the Board previously awarded a five-year grazing contract to Mission Livestock Management (Mission) in 2018. Over the past five years, Mission has been a productive partner, handling irrigation within the leased fields, assisting the District with Tamarack Fire repairs, and leveraging outside funding to make permanent improvements to the grazing areas at Diamond Valley Ranch (DVR). Due to the successful partnership, both the District and Mission seek to renew the grazing permit for an additional five-year term. The renewal includes an annual cost escalation, increases the responsibilities of Mission Livestock, and allows for a payment credit in the event the District directs Mission to complete work at DVR. Mission also commits to continuing their partnership with National Resources Conservation Service to implement conservation practices related to grazing and habitat protection. This item has been reviewed by the District's Purchasing Agent. SCHEDULE: Upon Board Approval; May 1, 2023 - November 15, 2027 REVENUE: $965,274.38 ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Proposal, Contract CONCURRENCE WITH REQUESTED ACTION- CATEGORY: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO Mission Livestock Management Douglas Freitas, Owner Sarah Freitas, owner 6569 County Road 27 Orland, CA 95963 (510) 996-8455, direct Proposal for South Tahoe Public Utility District's, Diamond Valley Ranch 4/11/2023 Section 1, Statement of Proposer Section 2, Proposed Grazing Plan Section 3, Infrastructure Maintenance and Improvement Plan Section 4, Proposed Grazing Permit Fee Section 1, Statement of Proposer: Mission Livestock Management, a California registered general partnership comprising of Douglas Freitas & Sarah Freitas doing business at 6569 County Road 27 Orland, CA 95963 respectfully submits the following proposal to South Lake Tahoe Public Utility District for the renewal of the cattle grazing rights of the Diamond Valley Ranch. Douglas Freitas, Partner (510) 996-8455 Doug@missionIivestock.com MISSION LIVESTOCK MANAGEMENT PAGE 2 Section 2, Proposed Grazing Plan: Mission Livestock has grazed cattle at the Diamond Valley Ranch the previous seven summer seasons. The Proposed Livestock Operation Plan is informed by the experience of the stockmen who have managed the grazing resource. Grazing & Operation Plan: Mission Livestock Management intends to graze weaned calves or yearling cattle at the Diamond Valley Ranch. Depending on the winter precipitation and the availability of irrigation water, Mission will place up to 1.45 million Lbs. of liveweight of weaned calves or yearlings weighing between 450 and 700 lbs. on the ranch beginning from May I" in dry years and as late as June 15Y in wet years. Typically the cattle placed for the season will only have a 100 lb. weight difference from largest to smallest. The cattle will be managed by Douglas Freitas, and two full time employees that are dedicated to the Alpine Unit which is comprised of the Diamond Valley Ranch and two other leased on property line neighboring ranches. All current employees reside between 5 to 20 minutes distance from DVR in the surrounding communities of the Hung-A-LeI-Ti Washoe Tribe and Gardnerville, NV. The employees will be available within 1 hour in the case of emergencies or priority cattle issues. Doug Freitas will oversee the operation to ensure efficient and effective operations. Following the successful employment of members of the Hung-A-LeI-Ti Washoe Tribe our collaboration will continue with Chairman Irvin Jim to annually provide employment for tribal members seeking jobs. Chairman Jim has noted our ability to provide jobs that allow the indigenous people of the area to tend to their homeland is an honor and privilege. He has additionally noted that Mission Livestock has been well equipped to work with tribal members who have previously struggled with addiction by providing purpose, guidance, life structure and a sense of responsibility to the animals, land and community. In the renewed term Mission Livestock will continue to purchase all livestock pharmaceuticals, construction materials, and company provided meals from local businesses. Depending on activities occurring at Diamond Valley Ranch this has averaged five to six figures of dollar impact annually due to the improvement projects that have been undertaken across the Diamond Valley Ranch funded by USDA — NRCS Environmental Quality Incentive Program Cost Share Funds. In the renewed term it is our anticipation to continue this program. The pastures at the ranch will be monitored continuously to ensure that plant health is not compromised, and ecological functions are performing adequately. An adaptive grazing plan will be developed prior to the beginning of the grazing season. This plan will be developed in collaboration with STPUD staff and address numbers of grazing animals, the timing, duration and intensity of grazing in each field, any special concerns, and planned STPUD activities. The cattle will be moved from pasture to MISSION LIVESTOCK MANAGEMENT PAGE 3 pasture, with grazing periods and numbers adjusted to utilize no more than 60% of the available vegetation and allow for adequate rest periods for plant health. Mission Livestock plans to continue to engage STPUD managers and the Natural Resource Conservation Service (NRCS) in further developing a working, adaptive conservation plan for the property. Implementation of conservation practices arising out of this plan will continue to be undertaken by Mission Livestock, which in the past has been funded by the Environmental Quality Incentive Program (EQIP), and can include fencing off riparian areas, off stream livestock troughs, native plant restoration, and hydrological function improvements and prescribed grazing. Pasture monitoring is recorded through a cloud -based application with interface from a handheld personal communication device. Information such as number of cattle, days of use, amount of residual vegetation, rest periods, weed infestations, sacrifice areas will be recorded and available for management review. Cattle will be checked daily during the grazing season. Mission Livestock has developed, with consultation from Dr. Jason Bravos, DVM and Che Trejo, DVM, of Merck Animal Health, an extensive Animal Health Protocol complete with written standard operating procedures, disease prevention measures and treatment protocols. All deceased animals will be promptly removed from the property and if possible, taken to the California Animal Health and Food Safety (CAHFS) Lab for necropsy. If not feasible for necropsy, deceased animals will be buried on -site upon direction of STPUD staff. Loose mineral supplement will be made available free choice in portable supplement troughs that can be moved periodically to focus or reduce impact on specified areas. The supplement is formulated based on the feed and soil profile of the Diamond Valley Ranch and includes an Insect Growth Regulator to limit fly infestations and an ionophore to reduce the incidence of frothy bloat caused by legumes. At all times, Mission Livestock personnel, in the form of either owners, managers, cowboys, or irrigators will be available for emergency response within 1 hour or less. Mission Livestock Management additionally has a collaborative relationship with the Alpine County Sherriff's Office and South Lake Tahoe California Highway Patrol helping for the removal of loose livestock located elsewhere in the area that are owned by other ranchers. We feel it is our responsibility and duty to assist local law enforcement and we are well equipped to do so with a competent staff available 24 hours a day, seven days a week. MISSION LIVESTOCK MANAGEMENT PAGE 4 Section 3, Infrastructure Maintenance & Improvement Plan: Mission Livestock began grazing cattle at the Diamond Valley Ranch after a period in which the land had laid fallow, dried out for permitting reasons and by drought, and overrun with weeds. With water, the productivity and potential of the land has made itself known, and now, with this Infrastructure Maintenance and Improvement Plan, Mission Livestock intends to increase the functionality of its water conveyance and grazing management, which will in turn drive land productivity, make the grazing operation safer to the public, and enable STPUD to better achieve its resource management goals. Water Conveyance and Irrigation Infrastructure Improvements • Entire Ranch: o Mission will continue to use a GPS guided tractor with levee maker attachment to make levees in the pastures, where appropriate, to enhance water spread and to prevent pooling and stagnating water. Expense to STPUD, $0.00. o Ditches will be cleaned and then maintained as required to promote efficient flow of water and to prevent leakage. Expense to STPUD, $0.00. o Repair or replace pasture dams/gates as needed. Expense to STPUD, $0.00. • Field 1 (New Pasture Addition) o Mission will repair the irrigation ditch diversion at Scott Creek where it is currently silted in and then eroded and running the water across Field 1 as the water is largely being absorbed into the acres of soil. This repair will substantially increase the flow to Indian Creek during all months. Expense to STPUD, $0.00. o Repair the main irrigation ditch and install check dams needed to irrigate the upper portion of Field 1. Expense to STPUD, $0.00. • Field's 8, 9 & 10 o Mission will apply for USDA-NRCS Environmental Quality Incentive Program Cost -Share Funding to repair the function and ditch cut bank erosion in the east - west conveyance ditch. This ditch is currently used and a major artery in the irrigation and storm water conveyance system on the ranch. The erosion and disruption to the ditch occurred when primary water conveyance infrastructure was removed to aid in the dewatering of the Diamond Valley Ranch during the wetland delineation project that occurred nearly a decade ago. This project will include excavation to realign the ditch, decrease ditch edge slope, check dam installation, revegetation, potentially exclusion fence, and a comprehensive grazing plan for the affected acres that receive irrigation water from this ditch system. Expense to STPUD, $0.00. • Snowshoe #1 Diversion o Mission will desilt the diversion as allowed by law. Currently the diversion has collected a significant amount of silt build up following the Tammarack Fire and is reducing midsummer flows into Snowshoe #1. Expense to STPUD, $0.00. MISSION LIVESTOCK MANAGEMENT PAGE 5 Fencing • Snowshoe #2 Diversion o Mission will desilt the diversion as allowed by law. Currently the diversion has collected a significant amount of silt build up following the Tammarack Fire and is reducing early summer flows into Snowshoe #2. Expense to STPUD, $0.00. Milberry Creek Ditch & Diversion o Mission will maintain the off site ditch system that it repaired in 2022 to ensure Millberry Creek waters drain to Indian Creek as allowed by the Alpine Decree. Prior to 2022 the water was flowing into the Markleeville watershed for the last several years due to a broken diversion. Expense to STPUD, $0.00. • Entire Ranch: o Temporary Electric Fencing will be utilized to make pasture divisions, enabling the attainment of goals of the grazing plan. Expense to STPUD, $0.00. o A single "backbone" 12.5 gauge conductor wire that is energized by a permanent energizer located at the well head at the corral will be installed throughout the ranch enabling temporary fence to be setup and removed with ease to allow for efficient cell grazing. The conductor wire will be attached to permanent barb wire fence using insulated wire outriggers and will travel beneath gates in a protected shielded wire. There will be no points where STPUD staff will need to handle the permanent electric fence. Expense to STPUD, $0.00. o Fence will continue to be repaired before and during the grazing season. Failed wood bracing will continue to be repaired or replaced with steel pipe bracing. Expense to STPUD, $0.00. Field 1 (New Pasture Addition) o Mission will install 2,865 Lineal Feet of 5-strand, 4 point barbwire on 12' post centers to fence the south irrigated portion of Field 1. Expense to STPUD, $0.00. o Mission will install 3,330 Lineal Feet of 5-strand, 4 point barbwire on 12' post centers to fence the north sub irrigated portion of Field 1. Expense to STPUD, $0.00. Cattle Processing Corrals Mission firmly believes that a well -designed and maintained corral system will allow for the safety of the operator and the livestock. • All gates will continue to be greased, repaired, and rehung if necessary. Expense to STPUD, $0.00. • A larger dust suppression system will be installed beyond the critical working areas to encompass the cattle holding pens in the south portion of the corral. Expense to STPUD, $0.00. Livestock scale weigh head will be converted from a manual beam scale to an electronic scale head with a tag printer. This will enable faster weighing of cattle and increased accuracy. Expense to STPUD, $0.00. MISSION LIVESTOCK MANAGEMENT PAGE 6 Section 4, Proposed Grazing Permit Fee: Year Amount 2018 $168, 000.00 2019 $171,360.00 2020 $174,787.20 2021 $178,282.94 2022 $181,848.60 Mission Livestock would like to further propose at this time to extend the grazing permit fee amount provisions for an additional five years beyond the initial term for STPUD's consideration. 2023 $185,485.58 2024 $189,195.29 2025 $192,979.19 2026 $196,838.77 2027 $200,775.55 MISSION LIVESTOCK MANAGEMENT PAGE 7 SOUTH TAHOE PUBLIC UTILITY DISTRICT GRAZING PERMIT This Grazing Permit ("Permit") is made and entered into on April 20, 2023 by and between the South Tahoe Public Utility District ("District"), a California public agency formed in 1950 pursuant to the Public Utility District Act, and Mission Livestock Management ("Permittee"), at South Lake Tahoe, California, with reference to the following facts and intentions: A. The District is the owner of certain real property and improvements located in Alpine County, California, generally described as assessor parcel numbers 01-080-59, 01-080-60, 01-200-01, 01- 200-10, 01-200-13, 01-200-14, 01-200-16, 02-230-29 and 01-200-11 and more particularly described in the map attached as Exhibit A, which is incorporated by this reference (collectively "Property"); B. Permittee is in the business of raising cattle and requires the use of pasture land to graze cattle during certain portions of the year: C. The Property consists of irrigated pasture land and upland sagebrush habitat; D. The District previously permitted Permittee to graze cattle on a portion of the Property pursuant to a Gazing Permit, dated April 5, 2018 ("Prior Grazing Permit") and, D. Permittee desires, and the District agrees to extend the Prior Grazing Permit to allow, Permittee the right to continue to graze cattle on a portion of the Property pursuant to the terms and conditions of this Permit. NOW, THEREFORE, the parties agree as follows: 1. Grazing Right. District grants Permittee the right to graze cattle on a portion of the Property depicted on the attached Exhibit A ("Permitted Grazing Area") pursuant to the terms and conditions of this Permit and the grazing plan as approved by the District ("Grazing Plan"), attached as Exhibit B, which is incorporated by this reference. Other than as expressly provided in this Permit, Permittee shall not have any other rights with respect to the Property and improvements located on the Property. 2. Term. The term of this Permit ("Term") shall commence on May 1st, 2023 ("Commencement Date") and end on November 15th, 2027 ("Termination Date"), unless adjusted pursuant to the provisions of this Permit. Permittee shall be allowed to graze cattle from May 1st through November 15t" of each year during the Term (Annual Grazing Period). Cattle will be only allowed on the Permitted Grazing Area during the Annual Grazing Period without the express prior written consent of the District. Permittee shall be allowed access to the Permitted Grazing Area outside of the grazing period for maintenance, rehabilitation, repairs, irrigation operations, and monitoring. Areas of District hay production are excluded from grazing. 3. Possession. District shall be deemed to have delivered possession of the Permitted Grazing Area to Permittee and Permittee shall be deemed to have taken possession of the Permitted Grazing Area as of the Commencement Date subject to the terms and conditions of this Permit. 4. Permit Fee. Permittee agrees to pay the District the following annual fee during the Term of the Permit ("Permit Fee"): 2023 $185,485.58 2024 $189,195.29 2025 $192,979.19 2026 $196,838.77 2027 $200,775.55 Permittee shall pay the fifty -percent (50%) of the annual Permit Fee to District by April 1st of a each year during the Term, and fifty -percent (50%) by August 1st of each year during the Term. If Permittee does not 25498226.1 make any payment of the Permit Fee within ten (10) days when due, then Permittee shall pay to the District, in addition to such payment, a late charge equal to ten (10) percent of such late payment. Permittee shall pay, in a timely manner, all sums of money or charges required to be paid by Permittee under this Permit. However, nothing contained in this Permit shall be deemed to suspend or delay the payment of any amount of money or charge at the time the same becomes due and payable, or to limit any remedy of the District. 5. Use of Permitted Grazing Area. 5.1 Use. The Permitted Grazing Area shall be used for grazing cattle and for no other use without the express written consent of the District. Permittee covenants and agrees to conduct its operations, as allowed by this Permit, in a good and ranching -like manner according to the industry practices for cattle ranching operations. Permittee shall be responsible for keeping its cattle within the Permitted Grazing Area and shall promptly return any cattle that leave the Permitted Grazing Area. Permittee is solely responsible for the construction and maintenance of any and all fencing necessary to keep cattle enclosed within the Permitted Grazing Area. In the event of any incident in which District staff needs Permittee to respond to, or return to the Property, the Permittee agrees to respond within a maximum of one hour. The maximum number of cattle that Permittee is entitled to locate on the Permitted Grazing Area is that number specified in the Grazing Plan which established the management strategy to sustain health of pasture land and prevent overgrazing. The District reserves the right to require Permittee to move or remove the cattle within/from the Permitted Grazing Area due to overgrazing or if the cattle otherwise cause harm to the Permitted Grazing Area, as determined in the District's sole discretion. Cattle shall only be moved on county roads in accordance with the permission of the county and in compliance with applicable laws. The gates located on the paved access road to Harvey Place Reservoir shall be operated by the District. Permittee shall not operate the gates without the District's prior written consent. Permittee shall not allow other animals, including horses, on the Permitted Grazing Area without the prior written consent of the District, (which may be separately negotiated with the District). Permittee shall remove any dead cattle from the Property within 72 hours. If District staff is required to dispose of dead cattle the Permittee agrees to pay the District the fully burdened rate of each employee involved in the disposal effort, along with applicable equipment costs. 5.2 Other Facilities. Permittee shall be entitled to use the cattle pens and chutes for loading and unloading cattle at its own risk. Vaccination of cattle is an allowed procedure provided Permittee complies with all federal, state and local laws and regulations in performing vaccinations including, but not limited to, disposal of vaccination supplies. The District reserves the right to allow other persons to use the cattle pens and chutes periodically, which use shall be coordinated with Permittee operations. 5.3 Compliance of Law. Permittee shall, at Permittee's sole cost and expense, comply with all applicable local, state and federal statutes, ordinances, rules, regulations, orders and requirements in effect that relate to the use of the Permitted Grazing Area by Permittee. Permittee shall not use or allow the use of the Permitted Grazing Area in any manner that would tend to create waste or a nuisance or which would tend to disturb the District's use of the Property. 5.4 District Operations. Permittee acknowledges that this Permit only entitles Permittee to use a Permitted Grazing Area, which is only a portion of the Property. Permittee further acknowledges and understands that the District will be utilizing other portions of the Property for its recycled water operations. The District shall also have the right to use portions of the Permitted Grazing Area for recycled water operations, which includes the right to construct improvements and/or make modifications to the Permitted Grazing Area, provided such uses do not unreasonably interfere with Permittee's use of the Permitted Grazing Area. Permittee may be required to move cattle from one portion of the Permitted Grazing Area to another portion of the Permitted Grazing Area while the District performs work in the Permitted Grazing Area. 5.5 Other Restrictions. Permittee shall not be allowed to use the ranch house nor shall Permittee store any equipment, trucks or trailers on the Permitted Grazing Area without the prior written consent of the District. Permittee shall not use or allow firearms, drugs or alcohol on the Property or Permitted Grazing Area at any time, the violation of which shall entitle the District to immediately terminate this Permit without any prior written notice. 5.6 Acceptance of Premises. District has made no representation or warranty concerning the fitness for use or suitability for purpose of the Permitted Grazing Area or the Property, all of 2 25498226.1 which are expressly disclaimed, and Permittee accepts the Premises "AS IS." The District expressly disclaims any representation or warranty or any liability or damage as to quality or quantity of grass growing on the Permitted Grazing Area at any time. Without limiting the above, Permittee shall bear the risk of the suitability of the Permitted Grazing Area for Permittee's intended use from both an economic and ranching basis and with respect to Permittee's use of the Permitted Grazing Area. 5.7 Permittee's Conduct. The District shall have the right to require Permittee, its employees, contractors, consultants, vendors and agents, whom the District determine to be acting in a careless, unsafe, discourteous, or otherwise objectionable manner to immediately vacate the Permitted Grazing Area. The District may require that the Permittee permanently restrict such persons if such conduct is egregious, or if it occurs on two (2) occasions. 5.8 Prohibited Uses. In no event shall Permittee use the Permitted Grazing Area in any manner which would, in the District's opinion, have an adverse effect on the Property on the present condition of the Property or be incompatible with the District's preservation, protection, and restoration objectives. Uses and activities which are prohibited on the Property include, without limitation, supplemental feeding within a 100 yards of a spring or other body of water, the dumping of any trash, refuse or other offensive material; the use of herbicides, biocides or other agrichemicals as more particularly set forth in section 6.2 and 6.3, below; the cutting of any trees or riparian vegetation; fishing, hunting, trapping or the use of firearms; the grading, filling, excavation or removal of sand or other materials; mineral exploration or extraction; non -fodder crop production, rip -rapping and other manipulation, diversion or other alteration of natural water courses, wetlands or other bodies of water; any activity which may destabilize the banks of any course or body of water; and any uses or activities which would pollute, degrade or drain the Property's surface or subsurface waters. Maintenance and Operation/Surrender. 6.1 Condition of Permitted Grazing Area. Permittee agrees that it will, at all times during the Term, keep all improvements located within the Permitted Grazing Area, including, but not limited to, fences and gates, except as otherwise provided in this Permit, in good condition and repair, (reasonable use, wear and damage by non-permittee-caused fire, acts of God, or the elements excepted), at its own expense, and without any expense to the District. Permittee further agrees, on the last day of the Term or earlier termination of this Permit, to surrender the Permitted Grazing Area in the same condition as when received, (reasonable use, wear and damage by non-permittee-caused fire, acts of God or the elements excepted), and to remove all of Permittee's personal property from the Permitted Grazing Area. 6.2 Fertilizers and Chemicals. Permittee shall not apply any fertilizers, herbicides, insecticides or other chemicals on the Permitted Grazing Area without the District's prior written consent. The application of such fertilizers, herbicides, insecticides, sprays and chemicals, if consented to by the District, shall be applied in accordance with applicable federal, state and local laws, statutes, ordinances and regulations. 6.3 Toxic or Hazardous Materials. Permittee shall not cause or permit any hazardous or toxic materials to be brought upon, kept or used in or about the Permitted Grazing Area by Permittee, its agents, employees, invitees or authorized representatives, without the prior written consent of the District, which consent shall not be unreasonably withheld, so long as Permittee demonstrates to the District's reasonable satisfaction that such toxic materials, and the quantities thereof, are necessary or useful to Permittee's operations and use of the Permitted Grazing Area and such materials will be used, kept and stored in a manner that complies with all toxic substance laws. Permittee shall, at its sole cost, comply with all federal, state and local laws, statutes, ordinances, codes, regulations and orders relating to receiving, handling, use, storage, accumulation, transportation, generation, spillage, migration, discharge, release and disposal of any toxic or hazardous materials. 6.4 Irrigation and Water Availability. The Permitted Grazing Area will be irrigated subject to U.S. Water Master governance of diversions from the West Fork of the Carson River from April 1 st to October 151h during the decreed irrigation season. The rotation between California and Nevada weeks begins June 1 st (starting with Nevada) and provides water to one state or the other during the summer and early fall months. When all of the rights in Segment 4 of the Alpine Decree (applies to all of the Permitted Grazing Area) cannot be fulfilled by the flow present at the USGS gauge at Woodfords, the California system of prior appropriate based diversion restriction is implemented. This system restricts irrigation water to water right holders with junior priorities (includes all of the Permitted Grazing Area). In an average year 25498226.1 the Diamond Valley property will have a full entitlement through at least mid -July but duration and quantity of water can vary significantly depending on the snowpack in the Sierra Nevada Mountains. Water availability is not guaranteed. Permittee shall be responsible for flood irrigating those portions of the Permitted Grazing Area utilizing the existing irrigation infrastructure and water rights. The District reserves the right to use any portion of available water for its own farming needs. The Permittee is also allowed access to other portions of the Property and off -site irrigation facilities generally maintained in part by the District, to assist the District with the annual spring start-up and cleaning of Millich Ditch, Snowshoe Thompson Ditch #1, and Snowshoe Thompson Ditch #2. 7. Right of Entry. The District and its authorized representatives may enter the Permitted Grazing Area at any time for the purpose of inspecting the Permitted Grazing Area and Permittee's use of and operations on the Permitted Grazing Area. Permittee covenants and agrees that the District may enter the Permitted Grazing Area at any time to make any necessary repairs to the Permitted Grazing Area and perform any work desired by the District that does not unreasonably interfere with Permittee's use of the Permitted Grazing Area or that the District may deem necessary to prevent waste or deterioration in connection with Permittee's use of the Permitted Grazing Area. Alterations and Improvements. 8.1 Permittee. Permittee shall not make any alterations or improvements to the Permitted Grazing Area without the prior written consent of the District. Any alterations or improvements to the Permitted Grazing Area shall be done in a good and workmanlike manner and diligently prosecuted until completion. Upon termination of this Permit, such alterations and improvements shall be considered improvements to the Permitted Grazing Area and shall not be removed by Permittee, and will become part of the Property unless the District requests Permittee to remove all or any portion of such improvements, in which case the Permittee shall restore the Property to its former condition, at Permittee's sole cost and expense. Permittee shall pay all costs and expenses of any such alterations or improvements on the Permitted Grazing Area. Projects constructed and installed using USDA Natural Resources Conservation Service (NRCS) or county Resource Conservation District funds shall be in accordance with NRCS Standards and Specifications or District Standards, whichever is more stringent. Permittee shall not accept any federal cost -sharing payments for conservation practices that would result in a duplicate payment. 8.2 District. District may engage Permittee to -complete "Facility Improvements and Special Conservation Activities" as used herein, shall mean any management activity for the protection, preservation, and improvement of the lease area or any part thereof including property and any and all appurtenant facilities. Permittee may perform maintenance and improvements that may from time -to- time be approved in advance by both the facility supervisor and manager. Reimbursement for associated costs expended at the direction of the District shall be permissible for work involving new construction, reconstruction, relocation, or major repair of boundary and interior fences, or fences installed for resource protection purposes, gates, water developments, cattleguards, corrals, roads, trails, and other valid range improvement projects intended to sustain or improve grazing operations or promote resource protection or conservation. The estimates and final costs for any labor and materials born by the Permittee will be itemized. Upon completion and inspection of the improvements, the District shall credit the Permittee for the final costs. The amount of credit for work completed shall not exceed the value of the next lease payment amount. The Permittee shall notify the District at least seven (7) days prior to the commencement of said approved work and immediately upon completion thereof. 8.3 Contractors. In any agreement entered into between Permittee and outside contractor(s), said contractor shall act as an independent professional and not as an agent of District, and nothing contained in this agreement or any contractor agreement shall create a contractual relationship between any contractor or subcontractor and Licensor. Any agreements entered into by Permittee with contractors to perform work in accordance with this provision must receive prior written approval of the District. 9. Taxes. M 25498226.1 9.1 District. District shall pay all real property taxes including, but not limited to, special and general assessments, licensing fees, commercial rental taxes, improvement bonds and any other tax, levy and bond that is based upon District's ownership interest in the Property. 9.2 Permittee. Permittee shall pay before delinquency all taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operations, as well as its trade fixtures and other personal property in, on or upon the Permitted Grazing Area. 10. Indemnity and Liability. 10.1 To the fullest extent permitted by law, Permittee shall defend, indemnify and hold harmless the District, its elected officials, officers, employees, agents and contractors, from and against any and all claims, damages, losses, liabilities and expenses, including attorneys' fees, paralegal and legal fees and costs, which arise out of, relate to or result from, Permittee's acts or omissions, use of the Permitted Grazing Area or from this Permit, except as caused by the District sole negligence or willful misconduct. In the event any action or proceeding is brought against the District, Permittee, upon notice from the District, shall defend the same at Permittee's sole cost and expense by legal counsel approved by the District. Permittee, as a material part of the consideration to the District, assumes all risk of damage to the Permitted Grazing Area or injury to persons in, upon or about the Permitted Grazing Area from any cause whatsoever except that which is caused by the failure of the District to observe any of the terms and conditions of this Permit and such failure has persisted for an unreasonable period of time after written notice of such failure, and Permittee waives all of its claims with respect thereof against the District. 10.2 Exemption From Liability. The District shall not be liable for injury to Permittee's business or any loss of income or for damage to the property of Permittee, Permittee's employees, invitees, customers or any other person in or about the Permitted Grazing Area, nor shall the District be liable for injury to the person of Permittee, Permittee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, explosion, electricity, gas, water, rain, or from any other cause, whether such damage or injury results from conditions arising upon the Permitted Grazing Area or the Property, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible. 25498226.1 11. Insurance. 11.1 Commercial General Liability Insurance. Permittee shall, at its sole cost and expense, maintain in effect at all times during the Term, commercial general liability insurance which shall include, but shall not be limited to, protection against claims arising from death, bodily or personal injury or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents, consultants or by anyone directly or indirectly employed by the insured. The amount of insurance should not be less than Two Million Dollars ($2,000,000) combined single limit per occurrence coverage applying to bodily and personal injury and property damage. 11.2 Automobile Liability Insurance. Permittee shall, at its sole cost and expense, maintain in effect at all times during the Term, automobile liability insurance which shall include, but shall not be limited to, protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance should not be less than Two Million Dollars ($2,000,000) combined single limit per accident coverage applying to bodily and personal injury and property damage. Coverage shall insure all owned, nonowned and hired automobiles. 11.3 Endorsements. The commercial general liability and automobile liability insurance coverages required by this Permit shall include the following provisions and endorsements: a. The South Tahoe Public Utility District and its elected officials, officers and employees will be a named or an additional insured in regard to liability. b. Written notice shall be given to the District at least thirty (30) days prior to termination, suspension, voiding, cancellation or reduction of coverage in the policy, except that if cancellation is for nonpayment of premiums, written notice shall be given to the District at least ten (10) calendar days prior to cancellation. C. The insurance shall be primary as with respect to the interest of the named and/or additional insureds, any other insurance maintained by the named and/or additional insureds is excess and not contributing insurance. d. The insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Permittee under this Permit. Cross liability and severability of interest. f. The insurer shall waive and all transfer rights of recovery (subrogation) it may have against the name and/or additional insureds for claims and/or losses. 11.4 Workers' Compensation and Employer's Liability Insurance. Permittee shall provide Workers' compensation insurance for all of their employees employed directly by them or through sub -contractors in accordance with statutory requirements. Permittee shall provide employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) disease policy limit, and One Millions Dollars ($1,000,000) disease each employee. The Workers' compensation insurance policy shall contain, or be endorsed to contain, a provision that the insurer waives any and all transfer rights of recovery (subrogation) it may have against the additional insureds. 11.5 General Insurance Requirements. Permittee shall not be entitled to occupy the Permitted Grazing Area until all required insurance has been obtained, required submittals delivered to the District and the submittals reviewed and approved by the District for general conformance with this Permit. The procurement and maintenance of the insurance required by this section is a material element of this Permit and failure to timely procure and/or maintain such insurance shall be a material breach of this Permit. The Permittee shall deliver the following to the District: a. A copy of each insurance policy that provides insurance required by this section (and additional copies as requested by the District in writing). Each policy copy shall be certified by placing a statement on the policy(ies) stating that "this copy of the policy is certified to be true, correct 0 25498226.1 and complete" and signed by an authorized representative of the insurer. The copy of each policy shall include each and every cover page, declaration page, form, schedule, endorsement, etc. that is a part of the policy; b. Certificate(s) of Insurance, issued in duplicate, covering all policies. Such certificates shall make explicit reference to each of the provisions and endorsements required in this section, and shall be signed on behalf of the insurer by an authorized representative; C. Original endorsements for each policy of insurance required by this section and signed on behalf of the insurer by an authorized representative. d. All insurance required by this section shall be placed with insurance companies authorized to transact business in the State of California for the types or insurance required by the Contract. Each insurance company shall have a current A. M. Best Insurance Guide rating of not less than A -Nil unless prior written approval is secured from the District as to the use of such insurer. e. The requirements as to the types, limits, deductibles and the District's review and/or approval of insurance coverages to be maintained by the Permittee are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Permittee under this Permit. Further, the District's review and approval of any section, unless specifically stated in writing and signed by the District, shall not release or relieve the Permittee or its subcontractors from complying with the requirements of this section. f. Any policy of insurance required by this section shall be an "occurrence" policy. g. In the event Permittee changes any insurance company(ies) providing the insurance coverage required by this section, Permittee shall timely resubmit to the District for review and approval, the insurance documents required by this section for each new insurance company providing insurance coverage. Permittee shall submit such documents at least thirty (30) days prior to the change in any required insurance to enable the District to timely review and approve the insurance coverages provided by such new insurance company(ies). h. Insurance policies providing coverage which contains self -insured retention shall not be acceptable except with the prior written approval of the District regardless of the amount of the self -insured retention. 12. Default. 12.1 Definition of Default. The occurrence of one or more of the following events shall constitute a material default and breach of this Permit by Permittee: a. Permit Fee Default. Failure by Permittee to make, as and when due, any payment of Permit Fee payable by Permittee where such failure has continued for a period of ten (10) days after written notice from the District to Permittee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under section 1161 of the Code of Civil Procedure of California. b. Abandonment. The abandonment or vacation of the Permitted Grazing Area by Permittee. Abandonment is defined to include, without limitation, any absence of Permittee from the Permitted Grazing Area during the Annual Grazing Period for five (5) days or longer while in default of any provision of this Permit. Notwithstanding anything to the contrary, so long as Permittee is current with payment of all Permit Fees and other monetary obligations, there can be no abandonment. C. Breach of Contract. Failure by Permittee to observe or perform any of the express or implied nonmonetary covenants, promises, agreements or provisions of this Permit to be observed or performed, where such failure has continued for a period of thirty (30) days after written notice from the District to Permittee specifying the particulars of such failure; provided, however, that such notice shall be in lieu of and not in addition to any notice required under section 1161 of the Code of Civil Procedure. 7 25498226.1 d. Bankruptcy and Insolvency. The making by Permittee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Permittee of a petition to have Permittee judged bankrupt or a petition for reorganization or arrangements under any law relating to bankruptcy (unless, in the case of a petition filed against Permittee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Permittee's assets located on the Permitted Grazing Area, or of Permittee's interest in this Permit, where possession is not restored to Permittee within thirty (30) days; or the attachment, execution or other judicial procedure substantially all of Permittee's assets located on the Permitted Grazing Area or of Permittee's interest in this Permit, where such procedure is not discharged within thirty (30) days. 12.2 Remedies Upon Default. If Permittee breaches this Permit, the District shall have an immediate right of reentry, with or without notice, and the right to take possession of all animals and personal property. The District, at its election, shall become the owner of all animals of which it has so take possession and, except where it elects to proceed under the following paragraph, will be obligated to compensate Permittee for them. If the District elects to reenter as provided above, or to take possession under legal proceedings or under any notice provided by law: (a) District may terminate this Permit; (b) District may from time to time, without terminating this Permit, re -issue the entire or any part of the Permitted Grazing Area for such terms (which may extend beyond the Term of this Permit), and at such permit fee and other conditions as the District in its sole discretion deems advisable. On each re -permitting, Permittee shall be immediately liable to pay the District the expenses of re -permitting and any making or alterations or repairs incurred by the District and all other indebtedness, except Permit Fee due under the Permit; (c) the District, or its agents or assigns, or receiver appointed at its instance may: (i) perform any of these duties under this Permit and such things as maintaining the Permitted Grazing Area and growing and managing the cattle located on the Permitted Grazing Area; (ii) charge the proceeds of the cattle with all reasonable costs of maintenance and husbandry; and (iii) divide the remainder of the proceeds with the Permittee in the same proportion as the cattle would have been divided between the District and Permittee if Permittee had faithfully performed under this Permit. If the cost exceeds the proceeds from the cattle, Permittee shall be responsible for payment of any such deficiency; or (iv) District may exercise all other rights that are available to it under any federal, state or local law, statute, or regulation if Permittee breaches or defaults any of its obligations under this Permit. 13. Holding Over. If the Permittee has not vacated the premises at the end of the term, the permittee will accrue charges in the amount of $2500 per day beginning on the fifth day after the end of the contract term. All other terms and conditions remain the same as specified in this Permit. 14. Damage or Destruction. In the event the Permitted Grazing Area is damaged by fire, flood or other perils through no fault of Permittee, the Permit Fee shall be abated in proportion to the area of the Permitted Grazing Area that Permittee can no longer utilize as contemplated under this Permit, unless caused in whole or part by Permittee, in which event the Permit fee shall not be abated. If more than fifty (50) percent of the Permitted Grazing Area is damaged or destroyed such that Permittee may no longer use it for its intended purposes, Permittee may elect to terminate this Permit, unless caused in whole or part by Permittee, in which event Permittee shall not have the right to terminate this Permit. Other than as provided above in this paragraph, Permittee shall not be entitled to any compensation or damages from the District for loss of use of all or any portion of the Permitted Grazing Area regardless of the cause. 15. General Provisions. 15.1 Recitals. The recitals stated at the beginning of this Permit of any matters or facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the recitals, if any, shall be deemed a part of this Permit. 15.2 Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted, to be effective, shall be in writing and shall be delivered, either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or other similar overnight delivery service, to the party to whom the notice is directed at the address of such party as follows: 25498226.1 To: District South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Attn: General Manager With a copy to: Gary Kvistad, Esq. Brownstein Hyatt Farber Schreck, LLP 1020 Anacapa Street, Second Floor Santa Barbara, CA 93101 To: Permittee Mission Livestock Management 6559 County Road 27 Orland, CA 95963 Any communication given by mail shall be deemed delivered two (2) business days after such mailing date, and any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address. 15.3 Successors and Assigns. This Permit shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Permit, express or implied, is intended to confer on any person other than the parties or their respective heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Permit. 15.4 Assignability. Permittee shall not assign this Permit, or any rights to it, and shall not sublet the entire or any part of the Permitted Grazing Area or any right or privilege appurtenant to the Permitted Grazing Area or permit or transfer interest therein without first obtaining the written consent of the District, which may be withheld by the District in its sole and absolute discretion. Any assignment or subletting without the District's consent shall be void and shall, at the District's option, terminate this permit. No interest of Permittee in this Permit shall be assignable by operation law without the District's prior written consent. 15.5 Waiver. No waiver by any party of any of the provisions shall be effective unless explicitly stated in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this Permit, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained in this Permit, and in any documents delivered or to be delivered pursuant to this Permit. The waiver by any party of a breach of any provision of this Permit shall not operate or be construed as a waiver of any subsequent breach. No waiver of any of the provisions of this Permit shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 15.6 Severability. If any term, provision, covenant or condition of this Permit shall be or become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null, void or against policy, the remaining provisions of this Permit shall remain in full force and effect, and shall not be affected, impaired or invalidated. The term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable, shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Permit. 15.7 Counterparts. This Permit maybe executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 15.8 Governing Law. This Permit shall be governed by, and interpreted in accordance with, the laws of the State of California to the extent California Law is applicable to the United States, with venue proper only in the County of El Dorado, State of California. 15.9 Attorney Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an action for declaratory relief, is brought to enforce or interpret the provisions of this Permit, the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be determined by the court in 0 25498226.1 the same action or in a separate action brought for that purpose. The attorneys' fees award shall be made as 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. 15.10 Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Permit and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Permit. 15.11 Construction. The provisions of this Permit should be liberally construed to effectuate its purposes. The language of all parts of this Permit shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. 15.12 Several Obligations. Except where specifically stated in this Permit to be otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Permit shall be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Permit. 15.13 Authority. The individuals executing this Permit represent and warrant that they have the authority to enter into this Permit and to perform all acts required by this Permit, 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 Permit. 15.14 Entire Agreement. This Permit contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties. There have been no binding promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature, except as stated in this Permit. This Permit may be altered, amended or modified only by an instrument in writing, executed by the parties to this Permit and by no other means. Each party waives its future right to claim, contest or assert that this Permit was modified, canceled, superseded or changed by any oral Permit, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Permit on the day and year and at the place first written above. DISTRICT South Tahoe Public Utility District By: David Peterson, Board President ATTEST: By: Melonie Guttry, Clerk of the Board/ Executive Services Manager 10 PERMITTEE Mission Livestock Management By: Douglas Freitas, Partner 25498226.1 Exhibit A — Permitted Grazing Area „r South Tahoe Public Utility District Diamond Valley Ranch Grazing Fields - ;+s�.��,..�__. .. f T�I.IH■w_I�In..Iq�HH�IHI�H.�Hq� 1 j ■ ■ I�tl.l�r■�Wl�wga.N'r�l wl' �r■.�H■w�lw■r�IHHnw�N� ■ ■■ - /// i- �anrlHn.u•��•�i �! e, ��w■a��.■a1�nM�11�IH1�HM■�{ A� ■ ��.� � :H+Hgr.+n.■��w�nrn.n�i Yua��. �■.■.nwy y■..■.nwurp.nw�y i y �q�rgrn: �wnwn�■N� ■ i ■ v i � �nw■wnr � Map Legend `■"■ i E Diamond Valley Ranch i 0 1,iJ00 2,000 4,000 r7q Grazing Field Feet yn.prn� 11 25498226.1 Exhibit B — Grazing Proposal 12 25498226.1 General Manager John Thiel th T 5ouahoe Directors Nici< paves Shane'R,omsos Public Utility District DaKIIY ellY eherson Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7g TO: Board of Directors FROM: Ryan Lee, Manager of Customer Service MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: Liability Claim Against South Tahoe Public Utility District Received from Donna Donald REQUESTED BOARD ACTION: Reject the Claim against South Tahoe Public Utility District for losses allegedly sustained by Donna Donald and request the Joint Powers Insurance Authority (JPIA) to resolve the Claim. DISCUSSION: The Claimant, Donna Donald, filed a Claim against the District on April 6, 2023, for alleged damages related to a leak in her water service line. Ms. Donald initially contacted the District on December 31, 2022, to report that her home had no water. District staff responded and found a large amount of water flowing from Ms. Donald's property. Staff located the water meter and turned it off, which stopped the flow of water. This indicated that the source of the water leak was downstream of the meter. District staff followed protocol and advised the customer that the District's Administrative Code states that District responsibility ends at the meter, and that it would be the customer's responsibility to locate and repair this leak. The water was left off at the meter due to the size of the leak and the potential for it to cause property damage. Ms. Donald hired a contractor who made repairs on March 30, 2023. Once the contractor excavated the meter, he determined that the water leak was caused by a faulty meter installation. The contractor contacted the District and staff inspected the excavation and confirmed that a faulty meter installation was the cause of the leak. Ms. Donald's Claim alleges that the District made an error in determining that she was responsible for repairing the water leak. The Claim alleges damages in the amount of $9,000.00 for lost rental income and $240.00 for water and sewer utility charges between December 2022 and March 2023. The claim did not include the costs for Ms. Donald's contractor to make repairs to her service line, but the District has agreed to reimburse those costs due to the faulty meter installation. The JPIA has reviewed this Claim and recommends that the District reject the Claim on the grounds that the District followed normal protocol based in its Administrative Code, Ryan Lee Page 2 April 20, 2023 and that the District had no control over the length of time between the start of the water leak and when Ms. Donald hired a contractor to make repairs. The District can reject a Claim, allow a Claim, reject or allow a Claim in part, or compromise a Claim. If the District does not take action on the Claim within the six- month timeframe, the Claim is deemed rejected on the last day of that period. Once the Claim is deemed rejected, the Claimants may file a lawsuit. If written notice is not given that the Claim was rejected or deemed rejected, a two-year statute of limitations applies to the Claim. In contrast, rejection of the Claim coupled with a notice of rejection triggers a shorter six-month limitations period in which to file a lawsuit. Staff recommends that the District reject the Claim and request the JPIA to resolve the Claim. SCHEDULE: Upon Board Recommendations COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Donald Claim for Damages CONCURRENCE WITH REQUESTED ACT GENERAL MANAGER: YES_ CHIEF FINANCIAL OFFICER: YES NO 11co CATEGORY: Water Claim Form d by the claimant or by a person acting on NAME OF DISTRICT: South Tahoe Public Utility District .� Galmanlnama, addi handling address Rtllffererg), Phone mramr,sodel dedndynumber. e-mail address. and date of birth . ElbdL y 1,2010, MaMedcem$acnndary Payer Ad(FaderalLaw)nqulfestbeDI$td&Agency to reportdldamsMvdNng; wewSrhavebothyour SodaNumberaed your date of NrthName:j, a/gas� Phone Number Addres ea : Sodal Security No.OWEN oam orelM: 2 I List name, addmas, and phone number of any w@eaaes ��IJ _J6Tr�/�y 1'tard� �Qr j Name: O_L_ L Al A�r- 3 I List the date, time, place, and other circumstances of he occurrence or"reaction, which gave rise to the claim asserted 4 Tell Mat Happened (give complete intonation): NOTE, rograpns you may nave regarding this claim. Injury, damage, or loss incurred so tar as it may be known at the time of J%065 ai itla Itaia 41 OW hate, Oil& rV" o; Sillw iahcre Duo a it Pet. U*, zm to be (a1i hibi LJrLte r tudil *Ch Soil 5 I mlve me name or names or the public employee or employees causing the injury, damage, or lees, it warm. s I re amount claimed g d totals left than kn thousand dnllem ($10,000) as of the date of presentation of the calm, Including the estimated amount of any Prospective injury, damage or loss, insofar as it maybe known at the time of the Presentation of the claim. together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall the Inclua in tte claim. However, d shall indicate Merhr the Calm would be a limited civil cass a6 li 11110 cpae�nn� '' nnqq L46 Q 240. ge Jbf Aia'�aMBP , when r o Wa Y(b c1 C le. a H96.23 Tim 2:ao PN Signatu a yn ANSWER ALL gUE571O115. OMITTING INFnaMAnnu rnul in user: vni rn rr a,RA r iiI , ....,a.,«.,�.... q�r:'zd:��e+`' �+ '� '�!. - �''�`` :i.� } �x� ,rl,--. 1.<.. rf f1�er., tr Y��. .• iei;.fi ♦��'�,� i,�'i ' sr `_:4 r .Tt.� p�.,,�•. ♦ � r - - 's . �. ,rY ice. - _ ti �� `� !f `a � .'rye` TL�'r.:. C�•1L. Y,; - T s„ 'A • •� �,� I �, ¢� .�' � x�•i xi. � :fir • � � r. ' 1 lk lb 6 it le ta it- *� 1 iAl, ti f To a 'r ,; ; General Manager John Thiel th T 5ouahoe Directors Nici< paves Shane'R,omsos Public Utility District DaKIIY ellY eherson Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7h TO: Board of Directors FROM: Ryan Lee, Customer Service Manager MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: Water Service Call Charges REQUESTED BOARD ACTION: Adopt Ordinance No. 586-23, an Ordinance of the South Tahoe Public Utility District, Amending Administrative Code Appendix Fee Schedule Sections 3.1.52 and 3.1.53 and Superseding Ordinance No. 528-1 1 Regarding Water Service Call Charges. DISCUSSION: The District routinely receives requests from customers who need the water turned off or on at their District -owned curb stop or meter valve. The District currently does not charge customers for these service calls if they are requested during normal business hours, but does charge a flat rate of $190 for after-hours calls and $240 for calls made on holidays. The District recently reorganized the Underground Repair Water Department and the position primarily responsible for responding to service calls was reassigned to better serve the department's needs. As a result, service call assignments will now be divided between other temporary and permanent staff members. Since these service calls are made at the request of individual customers and the District incurs labor and equipment costs responding to them, it is fair to recover those costs from the customer who requests the service. District costs can vary greatly depending on weather conditions and whether snow removal is necessary to access the customer's meter or curb stop valve, and the current flat fees often do not cover District costs in the winter months. For this reason, staff believe it is more equitable to collect the District's actual costs, as reflected on work orders, in the instances when costs exceed the average. The attached ordinance contains a charge schedule which includes a minimum charge of $75 for calls during normal business hours, $190 for calls after-hours or on weekends and $240 for calls on holidays. These rates are approximately equal to the District's costs under normal conditions, and they cover the costs of equipment and labor for field and administrative staff. If the service call costs are greater than the Ryan Lee Page 2 April 20, 2023 minimum charge, then the customer will be billed the District's actual costs, as tracked on the work order. The ordinance also includes a provision to waive $75 from service calls for the purpose of installing a private shut off valve for a customer's future use. District staff recommend Board adoption of Ordinance No. 586-23. SCHEDULE: New water service call charges will be effective thirty days from the date of adoption of Ordinance No. 586-23. COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Ordinance 586-23 CONCURRENCE WITH REQUESTED ACTIO GENERAL MANAGER: YES CC CHIEF FINANCIAL OFFICER: YES NO 11co CATEGORY: Water ORDINANCE NO.586-23 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE APPENDIX FEE SCHEDULE SECTIONS 3.1.52 AND 3.1.53 AND SUPERSEDING ORDINANCE NO.528-11 REGARDING WATER SERVICE CALL CHARGES Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: SECTION I - POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain changes to the Administrative Code regarding charges for water service calls. SECTION II — DEFINITIONS For the purposes of this Ordinance, the terms used herein are defined as follows: A. The District — The South Tahoe Public Utility District. B. The Board — The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code — The compilation and codification of all of the Administrative, Water and Sewer Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guidelines applicable to District operations. D. Service Call — shall mean the disconnection or reconnection of a water service connection at a water user's request, or for non-payment of the water user's account, to prevent property damage in the event of broken pipes, or for a violation of any of the Ordinances, rules and regulations of the District. E. Customer Service Valve — shall mean a valve which controls all water supply outlets so that the water can be turned on or off to any individual or separate building. F. Regular Working Hours — shall be from 7:00am to 5:30pm, Monday through Friday, excluding holidays. SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State of California, makes the following findings: 1. The Administrative Code provides schedules of charges for water service calls responded to by District employees, including separate charges for service calls requested during regular working hours and service calls requested outside of regular working hours and on holidays. 2. The District incurs labor and other costs responding to water service calls. 3. District customers should be required to pay for District costs associated with responding to water service calls at their property. 4. The proposed water service call charge schedules reflect the cost of labor and other expenses incurred by the District in responding to such calls. The proposed charges are approximately equal to the costs of responding to water service calls, and do not exceed the costs incurred by the District. 5. The Board has determined that it is in the best interest of the health and safety of the District and its customers to adopt the proposed water service call charge schedules. SECTION IV — AMENDMENT TO ADMINISTRATIVE CODE APPENDIX FEE SCHEDULES Administrative Code Appendix Fee Schedule, Sections 3.1.52 and 3.1.53 shall be amended in their entirety as follows: 3.1.52 WATER SERVICE CALL CHARGES FOR CALLS DURING REGULAR WORKING HOURS The charge for each service call requested during regular working hours, as those hours are defined in this Administrative Code, shall be the greater of $75.00 or the total of the District's actual labor and equipment costs. If a customer requests a service call to disconnect water service and subsequently requests a service call to reconnect water service at the same property within five business days of the initial call, there shall not be a charge for the subsequent service call. If a Customer Service Valve is installed at the time of the service call, a total of $75.00 shall be waived. Proof of installation is required and shall be provided by the customer. 3.1.53 WATER SERVICE CALL CHARGES FOR SERVICE CALLS OUTSIDE REGULAR WORKING HOURS The charge for each service call made outside of regular working hours, excluding holidays, shall be the greater of $190.00 or the total of the District's actual labor and equipment costs. The charge for each service call made on a legal holiday shall be the greater of $240.00 or the total of the District's actual labor and equipment costs. SECTION V — SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION VI — EFFECTIVE DATE This Ordinance amending the above referenced sections of the Administrative Code shall take effect thirty days after its passage. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 20th day of April, 2023, by the following vote: AYES: NOES: ABSENT: ATTEST: Melonie Guttry, Clerk of the Board South Tahoe Public Utility District David Peterson, President South Tahoe Public Utility District General Manager John Thiel ■ TO: FROM: � South Tahoe Public Utility District MEETING DATE ITEM - PROJECT NAME Directors NicK Haven Shane Romsos David Peterson KellY Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 7i Board of Directors Liz Kauffman, Human Resources Director April 20, 2023 General Manager Recruitment REQUESTED BOARD ACTION: Direct Staff DISCUSSION: Pursuant to Government Code Section 54957(b) (1) consider the appointment of a public employee. Provide staff with recruitment direction. 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 � NO CHIEF FINANCIAL OFFICER: YES / t NO CATEGORY: Sewer/Water STPUD 2021 & 2022 Water Audit Results Stephen Caswell, Principal Engineer April 20, 2023 Background • SB 555 (2015) required —Annual Water Audits starting in 2016 — Formal water loss standards to be established • District involvement — ACWA Water Loss Working Group — AWWA Water Loss Committee —Individual meetings with State Water Board members Regulatory Update • Economic Model Calculates Standards — Uses 2017 — 2020 Water Audit Data • Initial Standards Use Default Model Inputs — District initial standard 23 gpcd — 68% reduction • District submitted adjustment request • Adjusted Standard — 60.2 gpcd Regulatory Update • Regulations adopted October 19, 2022 • Questionnaires — Data quality (July 1, 2023) — Pressure management (July 1, 2023 and 2026) — Asset Management (July 1, 2024 and 2027) • Apparent Loss Standard — 3.8 gpcd • Compliance by 2028 Results Reallosses 69.30 66.22 78.83 44.94 51.24 35.12 28.91 (gpcd) Apparent 3.26 3.45 3.92 3.78 4.02 4.24 4.04 losses (gpcd) L I Infrastructure 3.34 3.20 3.81 2.17 2.52 1.73 1.43 Leakage Index (ILI) Annual Cost of $178K $177K $203K $129K $141K $150K $116K Rea I Losses NRW as a % of 2.2% 2.1% 2.2% 1.5% 1.6% 1.8% 1.4% Total Operating Cost Questions? Results No I Reallosses 69.3 66.22 :7$$3 44.94 51.24 35.12 28.91 (gpcd) 20.71 29.90 32.31 Apparent 3.26 3.45 3.92 3.78 4.02 4.24 4.04 losses (gpcd) Infrastructure 3.34 3.20 3.81 2.17 2.52 1.73 Leakage Index (ILI) Annual Cost of $178K $177K $203K $129K $141K $150K $116K Rea I Losses NRW as a % of 2.2% 2.1% 2.2% 1.5% 1.6% 1.8% 1.4% Total Operating Cost General Manager John Thiel 19510 Directors w8ter 5outh T Nici< Maven ahoe Shane'R,omsos Public, Utility District DaKIIY ellY eherson Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 13a TO: Board of Directors FROM: John Thiel, General Manager Paul Hughes, Chief Financial Officer Liz Kauffman, Human Resources Director MEETING DATE: April 20, 2023 ITEM - PROJECT NAME: Closed Session - 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: John Thiel, General Manager; Paul Hughes, Chief Financial Officer; Liz Kauffman, Human Resources Director. SCHEDULE: N/A COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: N/A CONCURRENCE WITH REQUESTED ACTIOK-': GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES NO MO CATEGORY: Sewer/Water General Manager John Thiel ■ TO: FROM: � South Tahoe Public Utility District MEETING DATE ITEM - PROJECT NAME Directors NicK Haven Shane Romsos David Peterson KellY Sheehan NicK Exline 1275 Meadow Crest IJrive • South Lake Tahoe ■ CA 96150-7401 Phone 530 544-0474 • Fax 530 541-0614 • www.5tpud.u5 BOARD AGENDA ITEM 13b Board of Directors John Thiel, General Manager April 20, 2023 Conference with Legal Counsel - Existing Litigation REQUESTED BOARD ACTION: Direct Staff DISCUSSION: Pursuant to Section 54956.9(d) (1) of the California Government code, Closed Session may be held for conference with legal counsel regarding existing litigation: Yolo County Superior Court Case CV 2021-1686, Alpine County vs. South Tahoe Public Utility District; et al. SCHEDULE: N/A COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: N/A CONCURRENCE WITH REQUESTED ACT I-- GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES ,j't NO CATEGORY: General