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AP 12-16-04SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, December 16, 2004 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Richard Solbrig, General Manager Paul Sciuto, Assistant Manager BOARD MEMBERS Eric W. Schafer, Vice President James R. Jones, President Duane Wallace, Director Mary Lou Mosbacher, Director Tom Comte, Director 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE, 2. COMMENTS FROM THE AUDIENCE (Short non - agenda items that are within the subject matter jurisdiction of the District. Five- minute limit. No action will be taken.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR 4. ADOPTION OF CONSENT CALENDAR (Any item can be discussed and considered separately upon request.) 5. CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION 6. PRESENTATION a. Report on Investment of Reserve Funds — Nancy B. Jones, PFM Asset Management, LLC 7 ITEMS FOR BOARD ACTION a. Engineering Projects Priority List (Jim Hoggatt) REQUESTED BOARD ACTION Review and Approve Project Priorities for 2005 and 2006 Construction Seasons REGULAR BOARD MEETING AGENDA - DECEMBER 16, 2004 PAGE - 2 b. Alpine County Master Connection Agreement (Paul Sciuto) c. Election of Board Officers (Kathy Sharp) d. Election of Board Officers (Kathy Sharp) e. Payment of Claims 8. REORGANIZATION RESULTS Approve the Master C -Line Connection Agreement with Alpine County, with Final Terms to be Negotiated by Staff and Legal Counsel, Provided the Terms do not Change from the Draft Agreement Presented Elect a Board Pr ,esjdent for 2005 Calendar Year Elect a Board Vice President for 2005 Calendar Year Approve Payment in the Amount of $1,185,898.67 9. BOARD MEMBER STANDING COMMITTEE REPORTS a. Executive Committee (Jones / Schafer) b. Finance Committee (Wallace / Schafer) c. Water & Wastewater Operations Committee (Jones / Comte) d. Planning Committee (Mosbacher / Schafer) 10. BOARD MEMBER AD HOC COMMITTEE REPORTS. a. Legislative Ad Hoc Committee (Wallace / Jones) b. Building Ad Hoc Committee (Jones / Schafer) c. Management Negotiations Ad Hoc Committee (Jones / Comte) 11. BOARD MEMBER REPORTS 12. EL DORADO COUNTY WATER AGENCY REPRESENTATIVE REPORT 13. GENERAL MANAGER REPORTS 14. STAFF REPORTS (Topics of discussion will include the following items) a. Update on B -tine Phase 3 Export Pipeline Replacement Project b. Legislative Update 15. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetings / Events 11/30/04 — 12/03/04 — ACWA Conference 12/08/04 — El Dorado County Water Agency Regular Meeting 12/13/04 — Operations Committee Meeting 12/13/04 — Management Negotiations Ad Hoc Committee Meeting 12/16/04 — Finance Committee Meeting REGULAR BOARD MEETING AGENDA — DECEMBER 16, 2004 PAGE - 3 Future Meetings / Events 12/20/04 — 12:00 p.m. - Retirement Lunch for Maint. Mgr., Ken Schroeder, at LTCC 12/21/04 — 9:00 a.m. — Alpine County Supervisors Regular Meeting in Markleeville 12/21/04 — 12:00 p.m. — Christmas Angel Program at Tahoe Manor 12/24/04 — Christmas Holiday (District Office Closed) 12/31/04 — New Year's Holiday (District Office Closed) 01/03/05 — 4:00 p.m. — Operations Committee Meeting at District Office 01/06/05 — 2:00 p.m. — STPUD Regular Board Meeting at City Council Chambers 16. CLOSED SESSION a. Pursuant to Govemment Code Section 54956.9(c) /Conference with Legal Counsel — Anticipated Litigation (Three Cases) b. Pursuant to Govemment Code Section 54956.9(c) /Conference with Legal Counsel — Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant c. Pursuant to Govemment Code Section 54956.9(a) /Conference with Legal Counsel — Existing Litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, Califomia; et al., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S -02 -0238 MCE JFM Pursuant to Govemment Code Section 54956.9(a) /Conference with Legal Counsel — Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S -01 -1520 LKK GGH, United States District Court for the Eastern District of Ca. 17. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 18. ADJOURNMENT (To the next regular meeting, January 6, 2005, 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the meeting and at the District office during the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public Hearings will not be called to order prior to the time specified. 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. 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. Please provide the Clerk of the Board with a copy of all written material presented at the meeting. The meeting location is accessible to people with disabilities. Every reasonable effort will be made to accommodate participation of the disabled in all of the District's public meetings. If particular accommodations for the disabled are needed (i.e., disability - related aids, or other services), please contact the Clerk of the Board at 530.544.6474, extension 203, at least 24 hours in advance of the meeting. ITEMS CONSENT CALENDAR DECEMBER 16, 2004 REQUESTED ACTION a. 2004 -2005 Vehicle Purchases (Linda Brown) b. Tahoe Regional Planning Agency Mitigation Payment (Debbie Henderson) c. Customer Service, Operations and Laboratory Facility (John Thiel) d. Hydrocarbon Study, Lake Tahoe Erosion Control Grant No. DG- 1151900 -036 (Ivo Bergsohn) e. Inspection and Materials Testing Services (Jim Hoggatt) f. Grazing Permit Proposals (Hal Bird) Authorize Purchase of Two Vehicles from the State of Califomia's Competitively Bid Contract in the Amount of $52,000 Authorize Payment to TRPA for 5% Mitigation Fee on New Sewer Connections in the Amount of $83,916.25 Approve Task Order No. 3 -B to Smith Design Group in the Amount of $10,193.63 Authorize Entering into a Master Services Agreement with 2"d Nature to Continue and Complete the Study through October 15, 2005, in the Amount of $91,700 Approve Amendment to Task Order No. 1 -A to Stantec Consulting, Inc., in the Amount of $95,922.39 Award Contract to the Highest Responsive, Responsible Proposer, Urrutia Ranch, in the Amount of $16,620 South Tahoe Public Utility District • 1275 Meadow Crest Drive • South Lake Tahoe, CA 96150 Phone 530.544.6474 • Facsimile 530.541.0614 • www.stpud.us TO: FROM: South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosloacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 4.a Board of Directors Linda Brown /Purchasing Agent, Paul Carrion /Equipment Repair Supervisor MEETING DATE: December 16, 2004 ITEM — PROJECT: 2004 — 2005 Vehicle Purchases REQUESTED BOARD ACTION: Authorize purchase of two vehicles from the State of California's competitively bid contract in an estimated amount of $52,000. DISCUSSION: The following vehicles were budgeted for purchase and /or replacement in fiscal year 2004 -05: (1) Pump Crew Truck No. 41, a 95 GMC Pickup with 133,857 miles; (2) Additional truck for use in the Equipment Repair Shop (needed due to the additional employee) One of the State's vendors is also providing a quote on a utility bed for the Equipment Repair vehicle, so their price may increase by approximately $9,000 (two quotes have been received from separate vendors). SCHEDULE: As soon as possible COSTS: $19,468.58, $32,194.39 ACCOUNT NO: 2002 -8564, 2005 -8521 BUDGETED AMOUNT REMAINING: $22,000, $30,000 ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer & Water GENERAL MANAGER: YES �1� 17.1 NO CHIEF FINANCIAL OFFICER: YES R NO TO: FROM: South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 4.b Board of Directors Debbie Henderson, Accounting Manager MEETING DATE: December 16, 2004 ITEM — PROJECT: Tahoe Regional Planning Agency (TRPA) Mitigation Payment REQUESTED BOARD ACTION: Authorize payment to TRPA for 5% mitigation fee on new sewer connections in the amount of $83,916.25. DISCUSSION: Pursuant to the 1995 signed Memorandum of Understanding between the TRPA and numerous agencies, including South Tahoe Public Utility District, section D ii, requires the District to pay 5% of all new connection fees on or before December 31, of the year in which the connections have been made. SCHEDULE: Annual COSTS: 2003/2004 - $83,916.25 ACCOUNT NO: 1000 -6634 BUDGETED AMOUNT REMAINING: $80,000.00 ATTACHMENTS: 12/03 -11/04 Transportation Mitigation Report CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES /t� NO CHIEF FINANCIAL OFFICER: YES RYYI<� NO Month Permits Fineled Connection Fee Revenue Accrued Mit. Fee Payments Current Liability December -03 0 0.00 0.00 $0.00 January-04 0 0.00 0.00 $0.00 February 0 0.00, 0.00 $0.00 March 1 33,254.00 1,662.70 $1,662.70 , April 1 6,765.00 338.25 $2,000.95 May 26 277,840.00 13,892.00 $15,892.95 June 26 279,405.00 13,970.25. July 23 122,214.00 6,110.70 $35,973.90 , August 27 245,608.00 12,280.40 $48,254.30 September 40 358,875.00 17,943.75 $66,198.05 October 25 268,466.00, 13,423.30 $79,621.35 November 12 85,898.00 4,294.90 $83,916.25 South Tahoe Public Utility District General Manager Richard H. SoIbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 4.c TO: Board of Directors FROM: John Thiel, Senior Engineer MEETING DATE: December 16, 2004 ITEM — PROJECT: Customer Service, Operations and Laboratory Facility REQUESTED BOARD ACTION: Approve Task Order No. 3 -B to Smith Design Group in the amount of $10,193.63. DISCUSSION: The current Task Order No. 3 -B to Smith Design Group calls for the payment of professional services and for the reimbursement of direct expenses such as prints, plots, and mileage per the attached schedule. The total for these reimbursable expenses from October 6, 2003, to July 2, 2004, is $10,193.63. There will be some additional reimbursable expenses after this period for which the District has not yet received adequate supporting documentation. Task Order No.3 -B will provide the necessary reimbursement per the contract with Smith Design Group. SCHEDULE: COSTS: $10,193.63 ACCOUNT NO: 2029 -8401 BUDGETED AMOUNT REMAINING: $4,928,605 ATTACHMENTS: Task Order No. 3 -B, Schedule of Fees. CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES L11 1 NO CHIEF FINANCIAL OFFICER: YES Rfr- NO SMITH DESIGN GROUP TASK ORDER NO. 3 -B ARCHITECTURAL SERVICES This Agreement is made and entered into as of the 16th day of December, 2004 by and between South Tahoe Public Utility District, hereinafter referred to as "DISTRICT" and Smith Design Group, hereinafter referred to as "ARCHITECT ". In consideration of the mutual promises, covenants, and conditions as addressed in the Master Agreement dated March 20, 2003 and as specifically hereinafter set forth, the parties do hereby agree as follows: I. PURPOSE Provide design development documents based on the approved schematic design documents; and provide construction documents based on the approved design development documents, as well as assist the owner in the development and preparation of bidding and procurement information, for the South Tahoe Public Utility District Customer Service Facilities project. 2. SCOPE OF WORK The scope of work for this amended Task Order includes reimbursement to ARCHITECT for specified "reimbursable expenses" per the Schedule of Fees on Task Order No. 3 for the period 10.06.03 to 7.02.04. 3. STAFFING Staffing will consist of Dale E. Smith, Project Architect, and Mike Rife, Sr. Project Manager, and Forrest Huisman, Project Manager. ARCHITECT shall not change staffing without approval by DISTRICT. Any changes shall provide for equivalent qualifications as far as possible and practical. 4. DISTRICT RESPONSIBILITIES DISTRICT agrees that its officers and employees will cooperate with ARCHITECT in the performance of services under this Task Order and will provide available documentation and information as agreed upon in the Master Agreement dated March 20, 2003. 5. TIME OF PERFORMANCE Reimbursable expenses have been incurred over the stated period. Staff seeks approval of the Board at this time in order to increase ARCHITECT's purchase order. 1 6. PAYMENT Payment to ARCHITECT for services performed under this amended Task Order shall be as provided in Article IV of the 3/20/03 Master Non -Grant Agreement and shall not exceed the amount of Ten Thousand One Hundred Ninety -Three Dollars and Sixty -three Cents ($10,193.63) unless the scope of work is changed and an increase is authorized by DISTRICT. 7. INSURANCE COVERAGE ARCHITECT's Errors & Omissions coverage shall be $1,000,000 aggregate with a deductible of not more than $100,000 for the duration of this Task Order. 8. LABOR CODE REQUIREMENTS All State of California prevailing wage laws must be complied with in the performance of work related to this Task Order. These include, but are not limited to, Labor Code Sections 1720 through 1860. 9. EFFECTIVE DATE This Amended Task Order No. 3B will become effective upon execution by both parties. IN WITNESS WHEREOF, this Agreement is executed by the General Manager and Clerk of the Board of the South Tahoe Public Utility District, and ARCHITECT has caused this Agreement to be executed the day and year first above written. South Tahoe Public Utility District December 16, 2004 Paul A. Sciuto Board Approval Date Assistant General Manager /Engineer Attest Kathy Sharp, Clerk of Board Smith Design Group By: Dale E. Smith, AIA, Project Architect License No. C -14299 Expiration Date 10.31.05 2 G R OUP Schedule of Fees Smith Design Group November 2002 to November 2003 Professional Services Hourly Rate Schedule • Principal $150.00/hr � .. $120.00/hr Architect/Senior Project Manager $120.00/hr Residential Designer /Project Manager $ 00.00/hr Design Coordinator /Job Captain $ 85 00/hr Technical Level! $ 80.00/hr Technical Level II $ 65.00/hr Technical Level 111 . • h Charges for In- House Reimbursable Expenses Billed Am ount . D- Prints Oce up to 24 x 36 $3.10 E- Prints Oce up to 30 x 42 $3.81 D- Plots(opaque) up to 24 x 36 $7.83 E- Piots(opaque) 30 x 42 . $11.33 D -Plots (Vellum) up to 24 x 36 $11.33 E -Plots (Vellum) up to 30 x 42 $15.03 D -Plots Color -24x36 $15.65 E -Plots Color -30x42 $21.84 HP Color Printer 81h x 11 $.62 HP Color Printer 11x 17 $.83 Xerox copies 81fi x 11. $.11 Xerox copies 11 x 17 $.26 Fax $.57 .. Diskettes $1.64 Zip Diskettes $14.52 CD -Rom $9.79 C7 $. Mileage Ih......, onARl 7R( 77ri A11.7-158 • FAX 775.831.7161 . South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 4.d TO: Board of Directors FROM: No Bergsohn, Hydro - Geologist MEETING DATE: December 16, 2004 ITEM — PROJECT NAME: Hydrocarbon Study, Lake Tahoe Erosion Control Grant No. DG- 1151900 -036 REQUESTED BOARD ACTION: Authorize entering into a Master Services Agreement with 2nd Nature to continue and complete the study through October 15, 2005, in the amount of $91,700. DISCUSSION: The District, in conjunction with Swanson Hydrology + Geomorphology (SH +G), has been conducting a study to ascertain the potential impact of urban and highway run -off on groundwater quality. This study involves the collection of surface water and groundwater samples during at least four (4) storm events to characterize the types of concentrations of petroleum hydrocarbon compounds entering the Eloise Basin and Industrial Basin in South Lake Tahoe. During the past year, samples were collected during two (2) storm events. In order to complete the study and meet the project objectives, staff requested that the grant period be extended to October 15, 2005. This request was approved by the USFS (Grant Administrator) as Amendment No. 1 to the grant on September 21, 2004. In October 2004, the District was notified by SH +G that, beginning November 1, 2004, the contract for this project would be transferred to 2nd Nature. In order to maintain staff continuity, District staff agreed to the proposed transfer (see attached Assignment of Contract). In August 2004, SH +G prepared a proposed budget to extend the ongoing study through 2005 (see attached 2004 -2005 Budget). 2nd Nature has agreed to complete the project in accordance with this budget. The budget shows that $91,700 is needed to fund total consultant fees and expenses through October 15, 2005. The balance on Purchase Order No. P12810 is $143,634 (as of October 29, 2004), and will be rolled over and used to complete this study without requiring a budget increase. SCHEDULE: To be completed by October 15, 2005 COSTS: $91,700 (estimated) ACCOUNT NO: 2029 -4405 BUDGETED AMOUNT REMAINING: <$124,136> ATTACHMENTS: Assignment of Contract, 2004 - 2005 Budget, Task Order No. 1,and Budget Analysis CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES 401 NO CHIEF FINANCIAL OFFICER: YES e1� NO ASSIGNMENT OF CONTRACT FOR MUTUAL BENEFIT, the undersigned Assignor (Swanson Hydrology + Geomorphology) hereby assigns, transfers and sets over to 2ND Nature all right, title and interest in and to the following described contract: TASK ORDER NO. 1 The Assignor warrants and represents that said contract is in full force and effect and is fully assignable as stated in Section III, paragraph H. The Assignee hereby assumes and agrees to perform all obligation of the Assignor under the contract and guarantees to hold the Assignor harmless from any claim or demand made thereunder. Effective under seal the 1st day of November, 2004. sign r Mitchell Swanson President, Swanson Hyd ogy + Geomorphology Assignee Nicole Bec Presidejt, 2ND Nature ///A y Date .6 _� Date / // /r /e y Client a Date Paul A. Sciuto, Asst. General Manager /Engineer South Tahoe Public Utility District C:\Documents and Settings\maggiem.SHG\Local Settings \Temporary Internet Files \OLKIE0\Assignment letter.doc 2004 -2005 Budget LTRA Stormwater Study, South Lake Tahoe, California Prime Consultant Subcontractors SH &G SH &G SH &G SH &G Weber Hayes Weber Hayes Weber Haves Subcontractor Principal Senior Assoc. Technical Assistant Field Penoanel Principal Hydrogeologist Technical Assistant Field Personnel Total Labor (Swanson) ( Beck) Associate/Drafting (Hayes) (Hoban) Field Personnel (Townsend) Costs per Task Tasks 150.00 100.00 75.00 65.00 125.00 90.00 75.00 55.00 Task IA. Project management (client contact /storm event watch and sampling coordination, meetings, progress reports, etc) 10 50 0 0 10 50 10 0 $13,000 Task II. StarmsaterCbm ten anion (assorting 4 ramplmgefforts) Stoanwater monitoring of selected detention basins 0 20 0 20 0 10 20 40 $7,900 Dan management, interimtation 0 20 20 0 0 20 0 0 $5,300 Task 11. Total 0 40 20 20 0 30 20 40 $13,200 Task III. GrosadwaterInvestigation (auxmi rg4 sampling efforts) Site maintene nce(equipment augmentation, installation, sampling preparation) 0 20 0 20 0 10 10 0 $4,950 Field Sampling 0 20 0 20 0 0 60 40 $10,000 Date manipulation, interpretation, and project management 5 40 80 0 5 80 40 0 $21,575 Task III. Total 5 80 80 40 5 90 110 40 $36,525 Task IV. Teelnicalltepat Technical Report Preparation (includes draft preparation, meeting preparation and attendence and final) 5 60 60 0 5 40 20 0 $16,975 TOTAL personnel hours 20 230 160 60 20 210 160 80 Total Consultant Fees $79,700 Estimated Additional Costs Total Consultant Expenses $12,000 Total Consultant 2004 -2005 Budget $91,700 Analytical Budget Analytical Budget (assume 100 sample max ® an average of $250 /sample) $25,000 Total Remaining' in Contract (08/01/04) $45,360 paid (limit) by STPUD Additional Funds Needed $46,340 Consultant Expenses bailor/ batteries/ mia seedy jorsasepbn4 and egmp maintenance $2,500 Admixist ratite tarts (Samson Hydrology) $3,500 Report Prsdartion $2,000 Mike and per diem costs $4,000 Total Consultant Expenses $12,000 2ND NATURE CONSULTING SERVICES TASK ORDER NO. 1 This Agreement is made and entered into as of the day of November, 2004 by and between South Tahoe Public Utility District, hereinafter referred to as "DISTRICT" and 2 "D NATURE, hereinafter referred to as "CONSULTANT ". In consideration of the mutual promises, covenants, and conditions as addressed in the Master Agreement dated November 1, 2004 and as specifically hereinafter set forth, the parties do hereby agree as follows: I. PURPOSE Provide Hydro - geologic consulting services for the primary goal of determining if stormwater loads are inadvertently impacting shallow groundwater via erosion control projects at various locations in and around the City of South Lake Tahoe, County of El Dorado, California. 2. SCOPE OF WORK A full description of services is contained in CONSULTANT's "Scope of Work" and proposed Budget, outlined as Tasks 1 through IV, which includes, detention basin selection; stormwater characterization, groundwater investigation, and technical report. This "scope of work" document was created by Swanson Hydrology and Geomorphology. This "Scope of Work" is attached hereto and becomes a part of this Task Order by reference herein. Extension of this "Scope of Work" through 2004 -2005 shall conform with the tasks outlined in the 2004 -2005 Budget for the LTRA Stormwater Study (Project Management, Stormwater Characterization, Groundwater Investigation and Technical Report Preparation) dated October 7, 2002. 3. STAFFING Services will be under the direction of Nicole G. Beck, Ph.D., Principal, and Project Manager. CONSULTANT shall not change staffing without approval by DISTRICT. Any changes shall provide for equivalent qualifications as far as possible and practical. 4. TIME OF PERFORMANCE CONSULTANT acknowledges that the work under this scope has already begun. It was initiated under Task Order No. 1 with Swanson Hydrology and Geomorphology on October 17, 2002. Work will continue, uninterrupted, under this Task Order No. 1 with 2 "D Nature. This is a grant- funded project. The Final Technical Report will be completed on or before October 15, 2005. R: \Heidi \Task Orders \2ND Nature \2nd Nature TO #1.doc 1 5. PAYMENT Payment to CONSULTANT for services performed under this Task Order shall be in accordance with CONSULTANT'S Proposed Budget (dated August 6, 2004) for the persons assigned to the project task. CONSULTANT shall complete all tasks for a cost not to exceed $91,700, excluding analytical costs. The cost ceiling for this Task Order shall not exceed $100,000 and will not be exceeded except as provided in Article IV of the Master Agreement. 6. LABOR CODE REQUIREMENTS All State of California prevailing wage laws must be complied with in the performance of work related to this Task Order. These include, but are not limited to, Labor Code Sections 1720 through 1860. 7. INSURANCE COVERAGE CONSULTANT's Errors & Omissions coverage shall be $1,000,000 aggregate with a deductible of not more than $100,000 for the duration of this Task Order. 8. EFFECTIVE DATE This Task Order No. 1 will become effective upon execution by both parties and shall serve as a Notice to Proceed upon execution by District. IN WITNESS WHEREOF, this Agreement is executed by the Assistant General Manager and Clerk of the Board of the South Tahoe Public Utility District, and CONSULTANT has caused this Agreement to be executed the day and year first above written. SOUTH TAHOE PUBLIC UTILITY DISTRICT December , 2004 Paul A. Sciuto, Asst General Manager /Engineer Board Approval Date ATTEST: KATHY SHARP, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT 2ND NATURE Nicole G. Beck, Ph.D., Principal Date R: \Heidi \Task Orders \2ND Nature \2nd Nature TO #1.doc 2 WATER OPERATIONS CONTRACTUAL SERVICES 2002 -4405 BUDGET REMAINING ANALYSIS: 2004/05 44,963 Spent to date Outstanding Purchase Orders - Swanson Hydrology & Geomorph University of California Carson Pump Turner & Associates Total Encumbered Total Spent & Encumbered Budget Over Budget 139,340 152,208 625 1,000 293,174 338,136 214,000 - 124,136 South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 4.e TO: Board of Directors FROM: Jim Hoggatt, Construction Manager /Engineer MEETING DATE: December 16, 2004 ITEM — PROJECT NAME: Inspection and Materials Testing Services REQUESTED BOARD ACTION: Approve amendment to Task Order No.1 -A to Stantec Consulting, Inc., in the amount of $95,922.39. DISCUSSION: The 2004 construction season was very long and challenging, and required the District to increase the inspection staff to cover all the projects properly. Stantec Consulting, Inc., provided an extra inspector for three months, and since the construction season was not completed until the end of November, these items were not part of their original scope or budget. Their original proposal was to provide one inspector until the end of October 2004. The $95,922.39 covers the changes to the original scope of work and staff recommends the Board approve this admendment. SCHEDULE: As soon as possible COSTS: $95,922.39 ACCOUNT NO: 2029 - 8401 /DSTHDQ, 1029 - 7040 /BLEACH, 9098 - 8828 /BLNIII, 2029 - 8355/H50WWY BUDGETED AMOUNT REMAINING: $4,928,605, <$333,684 >, <$691,302 >, $143,968 ATTACHMENTS: Letter from Stantec Consulting, Inc., Budget Analysis CONCURRENCE WITH REQUESTED ACTION: 42 GENERAL MANAGER: YES i NO CHIEF FINANCIAL OFFICER: YES 121,-,N, NO CATEGORY: Water & Sewer 12/01/2004 09:03 7758500787 STANTEC PAGE 01/03 Stantec Name: j °G,c,4 7 Company: S% Pt/t Reference: FILE: Sender : LL--4c Fax Transmittal Fax No: 5-30 Sy Date: /Z 3 page(s) total including cover sheet. Original(s) follow by mail: yes no E -mail: The content of this Fax Transmittal is Confiderttial It the reader, is not, the intended recipieht:or its ;agent !.be ;advised that any dissemination; distribution, or copying of the content of this: Transmittal is prohibited.: 0; you have received this Transmittal in error. please notify the senderimmediately and return .the .original to us by mail at our expense. Thank you. Regarding: �- 7216 «.er yeS4-04 CA)67-,r- r Z-rf$ 7 1214-Ce2". 72-1E LL i . c/a v .L 0-44 ,....��, 4E . 73119-4- 74/2- 7243 16/9.e s Z7D 9Z2. 3, ivcY.� % 7216.4 ,5',.s e Comments: 270,9ZZ .3 2 J75,c00�oQ Form.C.h.M1G � 9 5 90a 3`) Stantec Consulting Inc. 6980 Slerra Center Parkway, Suite 100 Reno, Nevada 89511 Phone: (775) 850.0777 Fax: (775) 850.0787 a -mail: reno@Q,StafltCC.corn, www.stantec.com SODIUM HYPOCHLORITE CONVERSION Account: 1029 -7040 BUDGET REMAINING ANALYSIS: Spent to date Outstanding Purchase Orders - K G Walters Construction Carollo Engineers 2004/05 All Years 648,735 851,653 749,672 749,672 32,467 32,467 Total Encumbered Total Spent & Encumbered 782,139 749,672 1,430,874 1,601,324 Budget Over Budget 940,000 940,000 - 490,874 - 661,324 Note 1: The 2005 amount over budget reduces the Capital Outlay Reserve. EXPORT PIPELINE - SEC B - PHASE III Account: 9098 -8828 BUDGET REMAINING ANALYSIS: Spent to date Outstanding Purchase Orders - Amec Earth & Environmental Carollo Engineers Corley, Jon Cox & Cox Construction Entrix Inc. Groeniger & Co. Hoes Engineering Hodell -Natco Johnson Perkins & Assoc Parsons R Supply Stantec Consulting Inc. Swanson Hydrology TRPA Total Encumbered Total Spent & Encumbered 2004/05 All Years 3,798,770 7,486,005 6,879 41,635 4,202 997,447 18,488 0 3,581 0 524 1,255 182 0 2,440 15,902 1,092,533 4,891,303 6,879 41,635 4,202 997,447 18,488 0 3,581 0 524 1,255 0 2,440 15,902 1,092,351 8,578,357 Budget Under (Over) 4,200,000 7,887,236 (691,303) (691,121) Note 1: The amount over budget reduces the Capital Outlay Reserve. TO: FROM: South Tahoe public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 F'hone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 4.f Board of Directors Hal Bird, Land Application Manager MEETING DATE: December 16, 2004 ITEM — PROJECT NAME: Grazing Permit Proposals REQUESTED BOARD ACTION: Award contract to the highest, responsive, responsible proposer, Urrutia Ranch, in the amount of $16,620. DISCUSSION: Bids were opened on November 23, 2004. Five grazing proposals were received ranging from $6,300 to $16,620 a month. Staff recommends awarding the bid to the highest proposer, Urrutia Ranch. SCHEDULE: As soon as possible COSTS: Income ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: ATTACHMENTS: Bid results, Urrutia Ranch proposal CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES g441 NO CHIEF FINANCIAL OFFICER: YES 0•■4-. NO CATEGORY: Sewer SORTH- TAH-Oe PLtgUC LtTIUTY PIS I KICT PROPOSALS RECEIVED FOR MAY -SEPT 2005 GRAZING PERMIT OPENED November 23, 2004 Urrutia Ranch $ 16,620.00 /month Doug Joses Ranch 13,520.00 Bently Agrowdynamics 8,750.00 Whittle Ranch Inc 8,640.00 Park Livestock Co 6,300.00 PROPOSAL TO SOUTH TAHOE PUBLIC UTILITY DISTRICT For: Grazing Permit as described in the "Invitation for Proposals" documents, site visit, and any applicable addendums. Proposal Receiving Deadline & Opening Date: November 23, 2004 Time 11:30 a.m. For Further Information contact Linda Brown, Purchasing Agent or Hal Bird, Land Application Manager The undersigned, as proposer, declares that the only persons or parties interested in this proposal are those named herein, and proposes and agrees that if their proposal is accepted, they will provide to the South Tahoe Public Utility District the sum of: $ /l °o �D-'' /per month Sum in words: Sid 7` .c> 7 eff3(4, £ Y f- ,6,t 'J Iry Any exceptions to the invitation for proposal or permit - contract, must be listed here: Offer In compliance with the above, the undersigned offers and agrees, (if this offer is accepted within 45 days) to furnish the stated sum for each month during the lease period of May 1, 2005 to September 30, 2005, and sign and abide by the permit. Individual or Firm Name 1/2.t st fan o ff Address 116.6.0X Z 2J City ,/}/L}7 Stat Zip 9$ 2-C Si g ned % �`_ Date /UVIJ / j� 2 V � _ r Print Name & Title /t/;.e / 1 e 7--/ Phone # (53-1 FZ 2- - 2 3 3 �1 Fax # ( ) 3'C9 2Z g/9- South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 'hone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 6.a TO: Board of Directors FROM: Jim Hoggatt, Construction Manager /Engineer MEETING DATE: December 16, 2004 ITEM — PROJECT NAME: Engineering Projects Priority List REQUESTED BOARD ACTION: Approve projects priorities for 2005 and 2006 construction seasons. DISCUSSION: The Engineering staff met with Operation and Maintenance managers and supervisors to review and prioritize the projects that are budgeted for the 2005 and 2006 construction seasons. Staff is in the process of finalizing the list and staffing requirements to complete projects, and will distribute recommendations prior to and at the Board meeting. The draft Strategic Plan, with the various projects and programs both underway and proposed for the upcoming budget, is included. The intention is to use the plan to assist in the prioritization of District projects and resources. SCHEDULE: December 16, 2004 COSTS: To be determined ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Vision Statement. Priority List to be distributed prior to, and at the Board meeting. CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES 1gl+9 NO CHIEF FINANCIAL OFFICER: YES Onc- NO CATEGORY: Water & Sewer Maintain a dynamic organization that can quickly and proactively meet an ever increasing environment of regulations and scarce resources. Furnish our customers with reliable water and wastewater services, and provide those services safely, efficiently, and cost effectively. 1) Provide exemplary customer service. Customer Service Center / Laboratory Facility VWVTP Future Connections - Reorganization Study 2) Provide reliable and safe water distribution, wastewater collection and treatment, and recycled water land application systems. - B -line Construction Groundwater Nitrate Study - Snowshoe Thompson Ditch Repiping Hydrocarbon Study LPPS Drainline Replacement Sewer Master Plan Wildwood Sewer Interceptor Bayview Wellhouse & Equipment SUT Wellhouse & Equipment Waterline Replacement — Iron Mtn, Johnson, Reno to Meeks LPPS Study Tank Project (TBD: Echo View, Keller, Angora, Country Club) TMDL for Indian Creek Reservoir 3) Foster a culture of efficient water use in our community. - Water Education Program Ads 4) Develop staff to ensure professionalism and continuity of organizational knowledge. Training Conference Travel, Training, Education Budgets - Management / Supervisory Training 5) Continue to be outstanding financial stewards. - Budget - 10 Year Planning Process Legislative Advocates - Prop. 1 A, AB 2186 Travel to ACWA, CASA Conferences B -line Claim 6) Provide a safe and harmonious work environment for our employees. - Hypochlorite Conversion Crane Purchase Sander Purchase 7) Promote public awareness of all District activities and the value of District services. Alpine County Master Plan Alpine County Program EIR Radio Appearances Ads Stakeholders Workshops 8) Maximize appropriate use of technology to improve operational efficiency and prioritize asset replacement. GIS Software & Implementation Hansen Program - Drive -by Meter Reading Equipment PLC Standardization Groundwater Modeling - Seismic Surveying 12/07/04 South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Moebacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.Stpud.us BOARD AGENDA ITEM NO. 6.b TO: Board of Directors FROM: Paul A. Sciuto, Assistant General Manager / Engineer MEETING DATE: December 16, 2004 ITEM — PROJECT NAME: Alpine County Master Connection Agreement REQUESTED BOARD ACTION: Approve the Master C -Line Connection Agreement with Alpine County, with final terms to be negotiated by staff and legal counsel, provided the terms do not change from the Draft Agreement presented. DISCUSSION: Pursuant to the Master Agreement with Alpine County concerning the transport, storage, and disposal of treated effluent, the County has capacity in the C- Line to discharge water up to 150,000 gallons per day at the Districts' expense. The District has negotiated with the County the details of the Master C -Line Connection Agreement (see Attachment). At the December 7, 2004, Alpine County Board of Supervisor's meeting, the Board unanimously agreed in concept to the agreement. The final version of the agreement will be brought to the Board of Supervisors at the December 21, 2004, Board meeting. SCHEDULE: COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: ATTACHMENTS: Master C -Line Connection Agreement, Exhibit A, B, C and D CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES 444 NO CHIEF FINANCIAL OFFICER: YES NO CATEGORY: Sewer DRAFT MASTER C -LINE CONNECTION AGREEMENT This Master C -Line Connection Agreement (Agreement) is made and entered into on this day of , 2004, by and between the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public Utility District Act (District) and the County of Alpine, a political subdivision of the State of California, acting by and through its Board of Supervisors and the Alpine County Water Agency, created by the Alpine County Water Agency Act of the State of California, acting by and through its Board of Directors (collectively County) with respect to the following facts and intentions: A. The District, and the County have entered various agreements regarding the construction, use, and mitigation of the District's export pipeline (Export Pipeline) and related facilities, which were consolidated into a single agreement (Consolidated Agreement);. B. The Consolidated Agreement provides the County with a capacity right to discharge treated wastewater (Treated Wastewater) into the District's Export Pipeline and related facilities; C. The County has received a request, and expects to receive additional requests in the future, from persons (Dischargers) to utilize the County's contract capacity right in the District's Export Pipeline to Discharge Treated Wastewater; D. The Lahontan Regional Water Quality Control Board (Regional Board) has jurisdiction over the District's discharge of treated wastewater in Alpine County and the County's discharge of each Discharger's Treated Wastewater into the Export Pipeline; E. The District and the County wish to implement certain portions of the Consolidated Agreement which govern the County's use of portions of the District's facilities to discharge Treated Wastewater in a manner consistent with the Consolidated Agreement, in compliance with the Regional Board requirements and in the best interests of the County and the District;. F. The District and the County, concurrently with the execution of this Agreement, are amend the Consolidated Agreement to delete those provisions from the Consolidated Agreement related to the County's use of portions of the District's facilities to discharge Treated Wastewater, which are now provided in this Agreement; and,. G. The District and the County desire to enter into this Agreement to provide the terms and conditions upon which the County may discharge Treated Wastewater into the District's Facilities (defined below). 1 SB 358895 v4:007627.0065 DRAFT NOW, THEREFORE, the parties agree as follows: 1. Discharge by County. 1.1 Location. The County shall have the right to discharge Treated Wastewater into the District's export pipeline at points determined by the District, in its sole discretion. A map of a portion of the export pipeline to which this Agreement is applicable is attached as Exhibit A (Export Pipeline). 1.2 Quantity. The County may discharge a maximum of two million (2,000,000) gallons of Treated Wastewater into the Export Pipeline each day (Maximum Quantity). If the District determines that the Maximum Quantity is being exceeded, the District shall notify the County as soon as reasonably possible. If the Maximum Quantity is being exceeded by the County, as determined by the District, the County shall immediately, but in not less than seven (7) days, reduce the discharge of Treated Wastewater to a quantity equal to or less than the Maximum Quantity. If the County fails to timely reduce the discharge of Treated Wastewater to a quantity equal to or less than the Maximum Quantity, the District shall have the right to terminate discharges of Treated Wastewater by closing the valves at as many Connection Points as the District deems reasonably necessary to reduce the discharge of Treated Wastewater to a quantity equal to or less than the Maximum Quantity. The District shall determine compliance with the Maximum Quantity by comparing it to the maximum daily capacities of Treated Wastewater established for all Dischargers or the actual daily discharges of Treated Wastewater from the Dischargers, which ever is greater. 1.3 Connection Restrictions. The minimum discharge of Treated Wastewater at each Connection Point shall be two thousand (2,000) gallons per day. The County shall not be allowed to make individual single - family dwelling connections to the Export Pipeline but may connect together multiple dwellings with a single collection and treatment system, provided the combined discharges from such dwellings is at least two thousand (2,000) gallons per day and all of the other requirements of this Agreement are satisfied. 1.4 Ownership. All complying Treated Wastewater (defined below) discharged by County into the Export Pipeline shall be owned by the District. All noncomplying Treated Wastewater (defined below) and any complying Treated Wastewater above one hundred fifty thousand (150,000) gallons per day discharged by the County into the Export Pipeline, from whatever source, shall remain in the ownership of the County even though commingled with the District's treated wastewater. The County shall not have any rights with respect to the District's storage, delivery, distribution or use of the complying Treated Wastewater but shall be responsible for the storage, distribution and use of noncomplying Treated Wastewater and any complying Treated Wastewater in excess of one hundred fifty thousand (150,000) gallons per day. 1.5 Storage. The District's treated wastewater, as well as any discharge of Treated Wastewater from the County, is discharged into Harvey Place Reservoir (HPR) from the Export Pipeline. The County may store up to 83.8 acre -feet of Treated Wastewater in HPR, delivered at a rate not to exceed one hundred Fifty Thousand (150,000) gallons per day, during 2 S[3 358895 v4:007627.0065 DRAFT the period of October 1st through March 31st of each year. Between April 1st and September 30th of each year, the District shall discharge from HPR the County's Treated Wastewater (previously stored and current discharges during such period) up to a maximum of 168 acre -feet. The District shall not be obligated to store in HPR more than one hundred fifty thousand (150,000) gallons per day of the County's Treated Wastewater during the period of October 1st through March 31st of each year. The District shall determine compliance with the limits established in this section by comparing it to the maximum daily capacities of Treated Wastewater established for the Dischargers (designated by the County as utilizing the 150,000 per day capacity right) or the actual daily discharges of Treated Wastewater from the Dischargers (designated by the County as utilizing the 150,000 per day capacity right), whichever is greater. 1.6 Excess Treated Wastewater. Any of County's Treated Wastewater discharged into HPR at a rate in excess of one hundred fifty thousand (150,000) gallons per day and such additional quantities as the District may agree to accept as described in this section (Excess Treated Wastewater) shall be immediately released from HPR by the District for the County's use, distribution and application. The County shall notify the District when it desires to begin or increase the discharge of Excess Treated Wastewater into the Export Pipeline. Afterwards, the District may agree to accept, store and use (Option) Treated Wastewater in excess of one hundred fifty thousand (150,000) gallons per day by notifying the County. If the District exercises the Option with respect to any Excess Treated Wastewater, such wastewater shall no longer be considered Excess Treated Wastewater for purposes of this Agreement, except for determination of the maximum quantity. The County understands that the District cannot release Treated Wastewater between October 15t and March 31st of each year. As a result, the County must be able to accept, transport and store the Excess Treated Wastewater from HPR. The County shall be responsible for developing a plan and making available all facilities necessary to accept, transport, store and discharge the Excess Treated Wastewater from HPR and apply it to lands in Alpine County that are not required by the District for its discharge of up to six thousand eight hundred (6,800) acre feet of treated wastewater annually. If after thirty (30) days written notice to the County by the District, the County fails to adequately and timely accept, transport, store and discharge the Excess Treated Wastewater, the County shall terminate the discharge of Excess Treated Wastewater into the District's Facilities in order to reduce the quantity of discharged Excess Treated Wastewater at or below one hundred fifty thousand (150,000) gallons per day. If the County fails to terminate the discharge of Excess Treated Wastewater, as provided above, the District shall have the right to terminate the discharge of Excess Treated Wastewater by closing the valves at all Connection Points designated as utilizing the County's rights to discharge Excess Treated Wastewater in order to terminate the further discharge of Excess Treated Wastewater. The County shall not have the right to resume the discharge of Excess Treated Wastewater into the District's Facilities until it makes arrangements, satisfactory to the District, for the Discharge of Excess Treated Wastewater from HPR in compliance with this Agreement. The County shall be responsible for all liability damages, claims, costs, losses and fines resulting from the County failing to accept, transport, store and discharge the Excess Treated Wastewater from HPR pursuant to the requirements of this Agreement. 3 SB 358895 v4.007627.0065 DRAFT 1.7 Discharger. The District acknowledges that the Treated Wastewater discharged by the County is supplied to the County pursuant to agreement(s) between the County and each Discharger. A copy of each such agreement, and any amendments, shall be provided by the County to the District. The County shall require each Discharger to comply with the terms and conditions of this Agreement. It is a condition of this Agreement, and it is the intention of the parties in executing this Agreement, that the same shall be effective as a bar to each and every claim, demand or cause of action with respect to any Discharger and any Discharger's discharge of Treated Wastewater into the District Facilities as the County has taken that responsibility pursuant to this Agreement and its agreement with each Discharger. In furtherance of this intention, the County expressly waives any and all rights and benefits 'conferred upon the County by the provisions of section 1542 of the California Code, which provides: "A general lease does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially effected his settlement to the debtor." The County understands and acknowledges that the significance and consequence of this waiver California Code section 1542 is that even if a party should eventually suffer additional damages arising out of facts referred to in this Agreement, a party will not be able to make any claim for those damages. Furthermore, the County acknowledges that it continuously intends that these consequences, even as to claims for damages that may exist as of the date of this Agreement, which it does not know exist, which, if known, would materially effect its decision to execute this Agreement, regardless of whether its lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause. 2. Treated Wastewater. 2.1 Standards. The Treated Wastewater discharged by the County into the Export Pipeline shall comply with all existing and future discharge standards established by the Regional Board (Complying Treated Wastewater) in each discharge permit (TWW Standards). The County's discharge of Treated Wastewater into the District's facilities shall not include any substance that is detrimental or harmful to the District's facilities or persons receiving Treated Wastewater from the District. The Regional Board's discharge permit for each Connection Point shall be issued to the Discharger, since the Discharger is producing and treating the wastewater from the Discharger's facilities but the County shall be considered the owner of such Treated Wastewater for purposes of this Agreement. Treated Wastewater that does not comply with the standards described in this section shall be considered noncomplying Treated Wastewater (Noncomplying Treated Wastewater). 2.2 Modification. The parties shall not have the authority to change the TWW Standards without the approval of the Regional Board. If the Regional Board adopts new treated wastewater standards for the District, the County shall cause each Discharger to immediately comply with those standards and apply to the Regional Board to change the TWW Standards to be equal to or more stringent that the District's new treated wastewater standards. If a Discharger 4 SB 358895 v4:007627.0065 DRAFT does not timely implement modifications in its treatment system to comply with the District's new Treated Wastewater standards within seven (7) days notice by the District to the County, the District may close the valve at such Discharger's Connection Point. The Discharger's modified treatment system shall be subject to the requirements of section 5.1, below, prior to recommencing discharges into the Export Pipeline. 3. Application Process. 3.1 Application. The County shall prepare an application (Application) and submit it and the estimated review fee to the District for each connection the County desires to make to the District's Facilities for the purpose of discharging Treated Wastewater into the District's Facilities. The Application shall be in the form of the attached Exhibit B. The District shall provide the County with the amount of the estimated review fee. The District will return any unused portion of the estimated review fee. If the District, in reviewing or re- reviewing an Application, incurs any additional costs, the County shall promptly pay or cause to be paid such amounts to the District. The District shall provide the County with an accounting of its use of the review fee. The District shall not issue its approval of an Application until all review fees are paid in full. 3.2 Review of Application. The District shall review the Application for completeness and compliance with the terms and conditions of this Agreement. The County shall provide any additional information reasonably requested by the District for use in making its determination. If the District approves the Application, the District and the County shall execute an addendum to this Agreement in a form substantially similar to Exhibit C (each addendum shall be marked consecutively as Exhibit C -1, C -2, etc.). If the District does not approve the Application, the District shall notify the County in writing of the basis for denying the Application. The County may resubmit the Application after correcting any deficiencies identified by the District. The District shall then review the resubmitted application for compliance with the terms of this Agreement. 4. Connection. 4.1 Notice. After approval of each Application, the District shall notify the County of the location of each discharge connection point (Connection Point) to the Export Pipeline. The District shall locate each Connection Point in the field, including the point at which the Discharger shall make its connection to the facilities constructed by the District to facilitate the Discharger. 4.2 Design. Based upon information provided by the County, the District shall design the Export Pipeline connection from the Export Pipeline tap to a shutoff valve. The County shall design, or caused to be designed, all facilities that connect to the inflow side of the shutoff valve. The District shall also notify the County of the estimated cost to design the connection to the Export Pipeline and to review the construction documents for the Discharger's facilities, which shall be deposited, or caused to be deposited, by the County prior to commencement of the design. The District shall not be obligated complete review of the Discharger's design until all design and review fees are paid in full. 5 SB 358895 v4:007627.0065 DRAFT 4.3 Review. The District shall have the right to review the construction documents for the Discharger's facilities at each connection to the Export Pipeline, which shall be submitted, or caused to be submitted, by the County. The District shall notify the County of any deficiencies in the contract documents, which shall be corrected by the County and resubmitted for the District's approval. The County, the Discharger, or any other person in contract with the County or a Discharger shall not construe the District's review of the Discharger's facilities as a warranty or guaranty of the design or its performance. The County acknowledges that the District's review of the contract documents is for general information purposes only and to verify compliance with the terms of this Agreement. THE DISTRICT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW REGARDING EACH DISCHARGER'S FACILITIES INCLUDING, BUT NOT LIMITED TO, DESIGN, CONSTRUCTION, OPERATION AND PERFORMANCE. 4.4 Construction. The District shall construct each connection to the Export Pipeline including the Export Pipeline tap, piping from the Pipeline tap to shutoff valve, and shutoff valve. The County shall construct, or caused to be constructed, the Discharger's facilities from the inflow side of the shutoff valve, which shall include a shut -off valve, pump to discharge the Treated Wastewater at a pressure between ten percent (10 %) greater than the operating pressure of the Export Pipeline but not less than ten pounds per square inch (10psi), a back flow device rated at no less than one hundred and fifty (150) pounds greater than the operating pressure of the Export Pipeline, a sampling port, and a metering device satisfactory to the District, with data log, data storage, daily flow totalizer, back -up battery features and such other requirements as the District determines reasonably necessary. The District shall be entitled to observe the County's /Discharger's construction of the Discharger's facilities. In the event the operating pressure of the Export Pipeline increases at any time in the future, the County shall install, or cause to be installed, at its cost and expense, a new pump, backflow device and any other facilities necessary to meet the requirements of this Agreement. The County shall deposit, or cause to be deposited, with the District the estimated cost of constructing the connection to the Export Pipeline and reviewing construction of the Discharger's facilities. The District shall return any unused portion of the deposit and, if the deposit is insufficient to cover the District's cost, the County shall immediately deposit, or cause to be deposited, such additional funds as necessary to reimburse the District for all costs incurred by it. The District shall not be obligated to authorize commencement of the discharge of Treated Wastewater at each Connection Point until all such costs are paid in full. 4.5 Future Modifications. If the District modifies, relocates or reconstructs the Export Pipeline, which in any way affects the District's Facilities, the County's and /or a Discharger's facilities at any Connection Point, the County shall be responsible for all direct and indirect costs and expenses, including but not limited to design, construction, review, inspection and associated fees and costs of the District, for disconnection and reconnection of such facilities to the Export Pipeline. In any such event, the County shall comply with the requirements of section 4 and section 5 of this Agreement. 6 SB 358895 v4:007627.0065 DRAFT 4.6 Permits. The County shall obtain, or caused to be obtained, without cost and expense to District, any and all governmental permits and approvals, which may be necessary to construct and operate the facilities contemplated in this section, whether constructed by the District, the County or a Discharger. The District shall cooperate with the County, at the County's cost and expense, to obtain all necessary governmental permits and approvals. The County shall provide, or cause to be prbvided, copies of all permits and approvals to the District. 4.7 Standards of Performance. The County agrees that performance of its obligations in connection with this Agreement, whether performed by the County or third persons, shall be performed in a good and workmanship like manner and in accordance with all applicable, industry, professional and construction standards. The District's performance of its obligations under this agreement shall meet the same standards, as applicable. 4.8 Ownership. The District shall own the facilities from the connection to the Export Pipeline up to and including the shut -off valve that is designed and constructed by the District at each Connection Point. The County and the Dischargers shall not have rights with respect to such District facilities. The County shall be responsible for all facilities connecting to the inflow side of District's valve at each Connection Point with ownership of such facilities determined by agreement between the County and each Discharger. The District shall not have any ownership or responsibility for such facilities. 4.9 Easements and Access. The County shall obtain, or cause to be obtained, such easements as reasonably requested by the District for the purpose of installing the District's facilities at each Connection Point. The easements shall be in a form consistent with the District's standard easements for such facilities. The District shall not be obligated to construct facilities at a Connection Point until the County has obtained the easement for the District. The County shall also obtain for the District the right to access and observe each Discharger's facilities for the purposes described in this Agreement. The District shall not be obligated to construct its facilities at a Connection Point or authorize commencement of the discharge of Treated Wastewater at such Connection Point until the above easement(s) are obtained for the District. 5. Commencement. 5.1 Testing. Prior to commencing any discharge of Treated Wastewater into the District Facilities at each Connection Point, the Treated Wastewater shall be tested by the County once per week until three (3) separate consecutive samples have been obtained and tested by a testing laboratory and comply with the TWW Standards (Initial Testing Criteria). The Regional Board and District shall approve the testing laboratory and the testing parameters for the Treated Wastewater. If the Treated Wastewater samples fail to meet all the TWW Standards, the County shall retest the Treated Wastewater until the Treated Wastewater meets the Initial Testing Criteria. Until the Treated Wastewater meets the TWW Standards and the Initial Testing Criteria, the County and the Discharger shall not have any right to discharge Treated Wastewater at such Connection Point but shall make other arrangements for disposal. 7 SB 358895 v4:007627.0065 DRAFT 5.2 Notice of Approval. When each proposed discharge of Treated Wastewater meets the Initial Testing Criteria, the District shall notify the County of its approval and the date that the County may commence discharge of Treated Wastewater into the Export Pipeline at each Connection Point. 5.3 Periodic Testing. The County shall perform, or cause to be performed, tests at each Connection Point for each discharge of the Treated Wastewater into the Export Pipeline for compliance with the TWW Standards in accordance with the requirements established by the Regional Board but not less than once per month. The District shall also have the right, but not the obligation, to periodically test Treated Wastewater as determined by the District in its sole discretion. If any Treated Wastewater discharge fails to meet the TWW Standards, the County shall immediately, after receiving notice, discontinue Treated Wastewater discharges into the Export Pipeline at the Connection Point for each noncomplying Discharger's facility and initiate corrective action. The District may, after providing notice to the County, close and lock the valve at any such Connection Point to prevent further noncomplying discharges of Treated Wastewater. The County shall notify the District when the cause of the Noncomplying Discharges is corrected, the cause of the noncomplying discharges, the action taken to correct the noncomplying discharges and that the related facilities are ready for retesting. Discharges of Treated Wastewater into the Export Pipeline for each non - complying Discharger's facility shall not recommence until the District is satisfied, in the reasonable exercise of its discretion, that the cause of the noncomplying discharges has been corrected and retesting meets the Initial Testing Criteria. The County and /or Discharger shall be responsible for the disposal of all Treated Wastewater until the Discharger is notified by the District that it may recommence discharges into the Export Pipeline. 5.4 General. The County shall provide, or cause to be provided, copies of all reports and results of Treated Wastewater sampling flow monitoring and other inspections to the District concurrently when delivered to the County but no later than three (3) days after testing or inspection. The cost of all testing and inspection shall be the responsibility of the County. The County shall obtain, or cause to be obtained, the right for the District to access each Discharger's facilities to observe and/or obtain its own testing of the Treated Wastewater or inspection of a Discharger's facilities. The County shall reimburse, or cause to be reimbursed, all of the District's costs related to inspection and testing. 6. Treated Wastewater. 6.1 Definitions. The term "District Facilities" shall include the Export Pipeline, Harvey Place Reservoir and Dam, Diamond Ditch, facilities used to store and distribute treated waste water for land application, emergency storage facilities, related appurtenances and equipment, and any and all other facilities or equipment related to the above (collectively District Facilities). The costs for TWW Service shall include all operation and maintenance costs and expenses for the District Facilities including, but not limited to, repairs, maintenance, reconstruction, inspections, replacement, permits, design, approvals, inspections, administrative and legal costs and expenses and all other costs and expenses reasonably related to maintaining and operating the District Facilities (TWW Service Costs). 8 SB 358895 v4:007627.0065 DRAFT 6.2 Cost of Treated Waste Water. The District shall be responsible for all TWW service costs for Treated Wastewater discharges, which do not exceed the quantity specified in section 1.5, above. The County shall pay a proportionate share of the TWW Service Costs for the District Facilities for any discharges of Excess Treated Wastewater. The County's proportionate share shall be determined in relation to the total volume of Excess Treated Wastewater discharged by the County into the Export Pipeline compared to the total volume of treated wastewater (the District's treated wastewater and the County's Treated Waste Water) transported in the Export Pipeline (TWW Service). For purposes of illustration only, the County's proportionate share of costs for the discharge of Treated Wastewater in excess of one hundred fifty thousand (150,000) gallons per day shall be determined as described in Exhibit D. 6.3 Discharge Quantity at Each Connection Point. The County shall not exceed the approved discharge quantity of Treated Wastewater at each Connection Point (Maximum Discharge). If the County exceeds the Maximum Discharge at any Connection Point three (3) or more times in any month or six (6) times in a year, the Maximum Discharge for the Discharger at such Connection Point such shall be adjusted to one hundred twenty -five percent (125 %) of the highest amount the County exceeded the Maximum Discharge at each such Connection Point. 6.4 Billing and Payment. The District shall bill the County quarterly for the TWW Service based on actual metered volume of Treated Wastewater or the Maximum Discharge at each Connection Point, whichever is greater. The District shall also send a copy of the bill to each Discharger for TWW Service charges related to such Discharger. The County's payments shall be due and payable within thirty (30) days of the date of each bill. The payments shall be delinquent if not paid within such time period. Interest at the rate of six percent (6 %) per annum shall become due and payable on delinquent TWW Service charges, penalties, and interest for each subsequent billing period for which the TWW Service charges, penalties and interest remain unpaid. A penalty of ten percent (10 %) of the delinquent TWW Service charges shall be due and payable on each delinquent TWW service charge. The District shall cooperate with the County and provide such additional information as the County may reasonably request to assist the County in collecting payment(s) from Dischargers. 7. Interruption. 7.1 General. The District shall continually accept delivery of Treated Wastewater from the County at each Connection Point except for operational interruptions required to repair, maintain, and reconstruct the District Facilities; a break, outage or interruption of the District Facilities; force majeure conditions (defined below), or as otherwise provided in this Agreement. 7.2 Planned Interruptions. In the event of a planned interruption for maintenance, repair or reconstruction, the District shall notify the County and all affected Dischargers at least thirty (30) days in advance of any such repair, maintenance, replacement or reconstruction. In the event of an interruption, the District shall perform, repair, maintenance, 9 SB 358895 v4:007627.0065 DRAFT replacement and/or reconstruction as soon as reasonably possible to recommence accepting Treated Wastewater from the County, in light of the circumstances causing the interruption, including the installation of temporary facilities, until permanent repairs and/or replacement facilities can be installed or made to the District's Facilities. 7.3 Force Majeure. The District shall not be liable for damages, breach of contract or otherwise by reason of the failure, suspension, diminution or other variance in its obligation to accept Treated Wastewater from the County as a result of injunction, fire, strike, riot, explosion, flood, acts of God or the public enemy, or other acts or conditions beyond the control of the District (Force Majeure Event). Furthermore, the District shall not be liable for damages resulting from interruption of TWW Service, when such interruption is necessary to make repairs, replacements or adjustments in the District's facilities. The District shall endeavor to provide the County and all affected Dischargers reasonable notice of an interruption of TWW service as a result of a Force Majeure Event. 7.4 Interim Disposal. The Discharger shall be responsible for the disposal of Treated Wastewater during any planned or unplanned interruption of TWW Service in accordance with the contingency planned approved by the Regional Board and the County or as otherwise necessary to dispose of the Treated Wastewater during any such interruption. The District shall notify the County and each affected Discharger when it is able to resume accepting delivery of Treated Wastewater from the County. 8. Term. 8.1 Term. The term of this Agreement shall be perpetual except as otherwise provided in this Agreement. 8.2 Termination. 8.2.1 Individual Connections. The District may terminate TWW Service to the County at a Discharger's Connection Point based upon occurrence of any of the following events: (i) noncompliance with the TWW standards on a repeated basis (more than three (3) violations in a calendar year); (ii) Discharger's repeated failure to comply with the District requirements for discharges contained in this Agreement; and (iii) the failure to substantially comply with any applicable federal, state or local laws or regulations. In the event of the District terminates discharges at any individual Connection Point, the District shall provide the County and the affected Discharger with thirty (30) days prior written notice of the termination date. If the County desires to recommence discharges at any Connection Point where discharges were terminated by the District, the County may reapply for a new connection pursuant to the terms of this Agreement. 8.2.2 Agreement. The District may terminate this Agreement upon written notice to the County based upon occurrence of any of the following events: (i) the County's material breach of this Agreement; (ii) the County's failure to comply with the TWW Standards on a repeated basis (more than four violations from all discharge points in any calendar year or three violations at a single discharge point in any calendar year); (iii) the 10 SB 358895 v4:007627.0065 DRAFT County's failure to substantially comply with any applicable federal, state or local laws or regulations; and (iv) failure of the County to timely make any payment required by this Agreement. The District, prior to terminating this Agreement, shall provide the County with a reasonable opportunity to cure any prior breaches that were the basis for termination and provide the District with reasonable assurances that the County will be able to comply with the terms of this Agreement in the future, all as determined by the District in its discretion. If this Agreement is terminated as provided above, the County shall not have any future rights under this Agreement, the Consolidated Agreement, or otherwise to utilize the Export Pipeline or any of the District's Facilities to transport, store or distribute Treated Wastewater. 8.3 Restoration. Upon termination, as defined above, the District shall disconnect each Discharger's facilities at each Connection Point and permanently close the Connection Point as determined by the District. The County shall be responsible for all costs and expenses related to such work. 9. Insurance. The County shall procure and maintain in full force and effect during the term of this Agreement, comprehensive general liability and property damage insurance to protect against liability for all damages by reason of injury to any person(s) or property arising out of any cause whatsoever in connection with the discharge of Treated Wastewater to the District Facilities and the distribution of Treated Wastewater by the District to persons using Treated Wastewater. The amount of insurance shall not be less than Five Million Dollars ($5,000,000) combined single limit coverage. The policy (ies) shall also include endorsements: naming the District as an additional insured; providing that District with at least thirty (30) days prior written notice of termination suspension or cancellation or reduction of coverage; the insurance shall be primary with respect to the interests of the additional insureds; cross liability and/or severability of interest; the insurance shall specifically cover the County's indemnification obligations; and, waiver of transfer rights or recovery. The District shall be provided with a copy of each insurance policy and each endorsement to each insurance policy required by this section, in a form satisfactory to the District. All insurance required by this section shall be placed and maintained with insurance companies authorized by the State of California to transact insurance business in the State of California and such insurance companies shall have an A.M. Best insurance rating of not less than A -/VII at all times. The amount of insurance required by this section shall be adjusted every five (5) years after the date of this Agreement to reflect any changes in the United States Department of Labor Bureau of Labor Statistics, Consumer Price Index, subgroup "all items" entitled "Consumer Price Index, Urban Wage Earners and Clerical Workers (revised series), San Francisco — Oakland — San Jose Average (1982- 1984 = 100)." 10. Indemnity and Liability. 10.1 Indemnification. To the fullest extent permitted by law, the County shall defend, indemnify and hold harmless the District from and against and with respect to any and all claims, damages, losses, liabilities and expenses of any kind or nature which may be asserted against the District or which the District may incur or suffer, and which arise out of, result from or relate to, or alleged to have arisen out of, resulted from or related to: the discharge of Treated Wastewater into the District Facilities; the District's review of Applications, construction 11 SB 358895 v4:007627.0065 DRAFT documents and construction; each Discharger's treatment of effluent and delivery of Treated Wastewater into the District's facilities; the County's failure to perform any of the terms and conditions of this Agreement; the District's interruption or termination of any discharge into the Export Pipeline pursuant to this Agreement; and, the County's storage in and distribution of Treated Wastewater from HPR, except to the extent any of the above is caused by the District's active negligence or willful misconduct. The District shall promptly notify the County of the existence of any claim, demand or other matter to which the County's indemnification obligations would apply and shall give the County a reasonable opportunity to defend the same at the County's expense and with the counsel of the County's own selection, provided that the District, at the District's option may, at all time, participate in cooperation in the defense at the District's own expense. If the County, within a reasonable time, after written notice, fails to defend, the District shall have the right, but not the obligation to undertake the defense of, and to compromise or settle (exercising reasonable business judgment), the claim or other matter on behalf of, for the account, and at the risk of the County. 10.2 Limitation of Liability. To the fullest extent permitted by law, the District shall not be liable to the County, any Discharger, or any third party for any consequential, exemplary, special, incidental or punitive damages including but not limited to, loss in litigation, lost profits, business interruption or any other direct or indirect losses. The County shall obtain a waiver of liability from each Discharger in a form attached as Exhibit E. 11. Compliance with Laws. The County and the Dischargers shall comply with all federal, state and local laws, ordinances, rules and regulations relating to any of its activities as contemplated by this Agreement. 12. No Third Party Rights. This Agreement shall not create any rights or benefits to parties other than between the District and the County or any Discharger. No third party, including any Discharger, shall have the right to rely on the District's obligations provided in this Agreement, regardless of such third party's agreement to be bound by the same conditions and limitations as the County, without the District's prior written consent. 13. GENERAL PROVISIONS. 13.1 Recitals. The recitals stated at the beginning of this Agreement 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 Agreement. 13.2 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: TO: SOUTH TAHOE PUBLIC UTILITY South Tahoe Public Utility District 12 SB 358895 v4:007627.0065 DISTRICT DRAFT 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Attn: General Manager With a copy to: Gary Kvistad, Esq. Hatch and Parent 21 East Carrillo Street Santa Barbara, California 93101 TO: COUNTY OF ALPINE Board of Supervisors County of Alpine P.O. Box 158 Markleeville, CA 96120 TO: ALPINE COUNTY WATER AGENCY Alpine County Water Agency P.O. Box 158 Markleeville, CA 96120 With a copy to: Dennis Crabb, Esq. Rollston, Henderson, Rasmussen & Crabb 591 Tahoe Keys Blvd., Suite D8 South Lake Tahoe, CA 96150 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. 13.3. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Agreement, 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 Agreement. 13.4. Assignability. This Agreement shall not be assignable by either party without the prior written consent of the other party, who shall have the sole discretion to consent or not to consent to any proposed assignment. Any attempted assignment without the approval of the other party shall be void. 13.5. 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 Agreement, 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 Agreement, and in any documents delivered or to be delivered pursuant to this Agreement. The waiver by any party of a breach of any provision of this 13 SB 358895 v4:007627.0065 DRAFT Agreement shall not operate or be construed as a waiver of any subsequent breach. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 13.6. Headings. The section headings contained in this Agreement are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. 13.7. Severability. If any term, provision, covenant or condition of this Agreement 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 Agreement 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 Agreement. 13.8. Counterparts. This Agreement may be 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. 13.9. Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action against any party to this Agreement. 13.10. Attorneys' Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be determined by the court in 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. 13.11 Venue. In the event District, County or Agency institutes any legal action in a court of competent jurisdiction against any party to this Agreement in connection with acts arising out of this Agreement, the parties agree to execute and file a stipulation with said court of competent jurisdiction permitting the transfer of the place of trial of said action. 13.12. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Agreement, provided that the requesting party shall bear the costs and expense 14 SB 358895 v4:007627.0065 DRAFT of such further instruments or documents (except that each party shall bear its own attorney's fees). 13.13. Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement. 13.14. Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. 13.15. Several Obligations. Except where specifically stated in this Agreement 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 Agreement 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 Agreement. 13.16. Authority. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform all acts required by this Agreement, and that the consent, approval or execution of or by any third party is not required to legally bind either party to the terms and conditions of this Agreement. 13.17 Mediation. If a dispute arises out of or relates to this Agreement or a claimed breach of this Agreement, the parties agree to use mandatory non - binding mediation under the Commercial Mediation Rules of the American Arbitration Association before commencing an action in court in accordance with the provision of this section. Either party may initiate the mediation process by providing the other party with notice (Notice) of a dispute or claim relating to or arising out of this Agreement. 13.17.1 Negotiation. The parties shall first meet and confer in good faith, utilizing their best efforts, to resolve the dispute in an amicable manner. The parties shall meet at such times and places as mutually agreed upon and attempt to negotiate a resolution of the dispute. If the parties are unable to negotiate a resolution of the dispute within forty -five (45) days of the notice, either party may commence mediation pursuant to the provisions in section 13.17.2, below. 13.17.2 Mediation Process. 15 SB 358895 v4:007627.0065 DRAFT a. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator shall be knowledgeable in the subject matter of the dispute and may be selected from lists furnished by the American Arbitration Association (AAA) or any other agreed upon mediator. To initiate mediation, the initiating party shall serve a request for mediation on the other party. If the mediator selected from a list provided by AAA, the initiating party shall concurrently file with AAA, a request for mediation along with the appropriate fees; a list of three (3) requested mediators marked in preference order; and a preference for available dates; b. If AAA is selected to coordinate the mediation, within ten (10) working days from the receipt of the initiating party's request for mediation, the other parties shall file the following with AAA: a list of preferred mediators listed in preference of order, after striking any mediators to which they have any factual objection, and a preference for available dates. If the other party strikes all of the initiating party's preferred mediators, the other party shall submit a list of three (3) preferred mediators listed in preference order to the initiating party. The initiating party shall file a list of preferred mediators used in preference order, after striking any mediator to which they have any factual objection. This process shall continue until both sides have agreed upon a mediator. c. AAA will appoint, or the parties shall agree upon, the highest, mutually preferred, mediator from the individual party's lists who is available to serve within the designated time frames. If the parties agree not to use AAA, then a mediator, date and place for the mediation shall be mutually agreed upon. d. Mediation hearings will be conducted in informal manner and discovery will not be allowed. All discussions, statements or admissions will be confidential to the party's legal position. The parties may agree to exchange any information that they deem necessary. Both parties must have an authorized representative attend the mediation. Each representative must have the authority to recommend entering into a settlement. Either party may have attorneys and/or experts present with respect to the presentation of their position. Upon reasonable demand, either party may request and receive a list of witnesses and notification whether attorneys will be present. Any agreements resulting from mediation shall be documented, in writing. All mediation results and documentation, by themselves, shall be nonbonding and inadmissible for any purposes in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both parties. Mediator shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. The mediation shall be concluded within ninety (90) days of the date of the Notice provided in section 13.17.2, above. e. Each party shall be responsible for the cost and expense of their witnesses, experts and attorneys. All other expenses of the mediation, including travel and expenses of the mediator shall be born equally by the parties, unless agreed otherwise. 13.17.3 Condition Precedent to Court Action. Neither party shall be entitled to commence an action in court based upon a dispute or claim to which this section applies without first complying with the requirements of this section 13.17. In the event either or 16 SB 358895 v4:007627.0065 DRAFT both the parties may lose or be foreclosed from pursuing any cause of action and /or remedy with respect to a dispute or claim while complying with the terms of this section, the parties agree to execute a standstill agreement to preserve such party's rights until a reasonable time after the conclusion of the mediation. 13.18. Entire Agreement. This Agreement 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 Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year and at the place first written above. SOUTH TAHOE PUBLIC UTILITY DISTRICT By James R. Jones, President of the Board of Directors Attest Kathy Sharp, Clerk of the Board APPROVED AS TO FORM: By: Gary M. Kvistad Hatch and Parent, Attorneys for The South Tahoe Public Utility District (Signatures continued on following page) COUNTY OF ALPINE 17 SB 358895 v4.007627.0065 By Chairman, Board of Supervisors Attest Clerk ALPINE COUNTY WATER AGENCY By Chairman Attest Clerk APPROVED AS TO FORM: By Dennis Crabb Rollston, Henderson, Rasmussen & Crabb, Attorneys for The County of Alpine and The Alpine County Water Agency 18 SB 358895 v4:007627.0065 10010004.■ APPLICATION FOR DISCHARGE The County submits this Application to the District for discharge of treated wastewater by the discharger described below pursuant to the terms and conditions of the Master C -Line Connection Agreement dated , 2005 (Agreement) in order to obtain the District's approval for the discharge of treated wastewater into the District's export pipeline (as defined in the Agreement). A. DISCHARGER INFORMATION Name Street address City /Town State Zip Code Telephone Number (include area code and extension) Fax Number Emergency Number E -mail address (optional) B. PROJECT INFORMATION 1. Project Description 2. Project Location 3. Connection Point Location C. WASTEWATER DISCHARGE INFORMATION 1. Description of Wastewater Collection and Treatment System EXHIBIT B SB 365378 v1:007627.0065 2. Design Flow: Average Daily flow: Maximum Daily Flow: 3. Description of Wastewater Treatment Process 4. Design Size of Connection 5. Design Delivery Pressure 6. Description of Wastewater type (residential, commercial, industrial, or other): D. OTHER REQUIRED INFORMATION 1. Description of Required Governmental Approvals for the Project 2. Description of Required Environmental Review(s) 3. Description of Access Rights for Connection to the Export Pipeline E. REQUIRED DOCUMENTS TO BE SUBMITTED AFTER APPROVAL OF THE APPLICATION 1. Alpine County Approval for the Discharge of Wastewater 2. Agreement with Alpine County for the Discharge of Wastewater 3. Lahontan Regional Water Quality Control Board Permit 4. Project Design and Engineering Documents EXHIBIT B SB 365378 v I :007627.0065 5. Wastewater Treatment Information including, but not limited to description of treatment system, design calculations, manufacturer information and references 6. Documents Providing the District Access to the Connection to the Export Pipeline F. REQUIRED FEES 1. An estimated Application review fee in the amount of seven hundred and fifty dollars ($750.00) shall be submitted to the District with this Application, 2. An estimated design review fee in an amount to be determined by the District shall be submitted prior to the District's review of the design and construction documents for the wastewater treatment system. 3. An estimated construction connection fee in an amount to be determined by the District shall be submitted prior to commencement of construction of the project. G. APPLICANT SUBMISSION AND DISCHARGER CERTIFICATION 1. County submits this Application to the District in compliance with the terms and conditions of the Agreement. County agrees to submit any additional information as reasonably requested by the District in order for the District to process this Application. The undersigned is authorized by County to submit this application to the District. COUNTY OF ALPINE AND THE ALPINE COUNTY WATER AGENCY By: Signature Name Title 2. The undersigned is the discharger described in this Application and certifies, under penalty of perjury, that this application and the documents submitted in connection with it are true, accurate and complete. The undersigned agrees to supplement the information contained in and submitted in connection with this Application as necessary to keep all information true, accurate and complete. Name of Discharger By: Signature Name Title EXHIBIT B SB 365378 v I :007637.0065 H. RECOMMENDED APPROVAL OF APPLICATION The Application and the documents submitted with it have been reviewed and are approved as being in compliance with the terms and conditions of the Agreement. The approval of this application does not commit the District to accept delivery of treated wastewater in connection with this application until all requirements of the Agreement are satisfied by the County. South Tahoe Public Utility District Signature Name Title EXHIBIT B SB 365378 v I :007627.0065 ADDENDUM TO MASTER C -LINE CONNECTION AGREEMENT ADDENDUM NO. This Addendum to the Master C -Line Connection Agreement (Agreement) is made and entered into on this day of , 200, by and between the South Tahoe Public Utility District, a California Public Agency formed in 1950 pursuant to the Public Utility District Act (District) and the County of Alpine, a political subdivision of the State of California, acting by and through its Board of Supervisors and the Alpine County Water Agency, created by the Alpine County Water Agency Act of the State of California, acting by and through its Board of Directors (collectively County), with respect to the following facts and intentions: A. The District and the County entered into the Master C -Line Connection Agreement dated 2005, (Agreement) regarding the terms and conditions upon which the County may discharge Treated Wastewater into the District's Facilities; B. (Discharger) and the County entered into an agreement dated , 200_ for the Discharger to utilize a portion of the County's contract capacity right in the District's Export Pipeline to discharge Treated Wastewater into the District's Facilities; C. The County has submitted an Application, dated , 200_ (Application), to the District for the discharge of Treated Wastewater from the Discharger's facilities into the District's Export Pipeline; D. The District has reviewed and approved the Application on , 200 for compliance with the terms and conditions of the Agreement; and, E. The District and the County desire to amend the Agreement to permit the County to discharge Treated Wastewater from the Discharger's facilities into the Export Pipeline and utilize portions of the District's Facilities. NOW, THEREFORE, the parties agree as follows: 1. Discharger. The Discharger shall be considered a Discharger, as defined in the Agreement, and the County shall comply with all terms and condition of the Agreement with respect to the Discharger. 2. Application. The Application is attached to this Addendum as Exhibit A and the terms and conditions of the Application are incorporated by reference into this Addendum. 3. Compliance with Agreement. This Addendum does not obligate the District to accept delivery of the Discharger's treated wastewater from the County until the County satisfies all requirements of the Agreement. SB 365449 v 1:007627.0065 1 EXHIBIT C 4. Material Changes. The County shall notify the District if any of the information contained in the Application or in any of the documents submitted in connection with the Application materially change such that the information is no longer true, accurate and complete. The County shall immediately provide to the District such supplement information as necessary again make such information true, accurate and complete. 5. Defined terms. The terms contained in this Addendum shall have the same meaning as defined in the Agreement. 6. Force and Effect. Except as modified by this Addendum, the Agreement shall continue in full force and effect. In the event of a conflict between this Addendum and the Agreement, the terms and conditions of this Addendum shall control in all respects. 7. Entire Agreement. This Addendum contains all of the agreements of the parties with respect to the matters covered or mentioned in this Addendum and no other understandings, writings or verbal agreements shall be of any force or effect. This Addendum may not be amended or modified except by written mutual consent of the parties or their duly authorized representatives. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date first above written. SOUTH TAHOE PUBLIC UTILITY DISTRICT By James R. Jones, President of the Board of Directors Attest Kathy Sharp, Clerk of the Board APPROVED AS TO FORM: By: Gary M. Kvistad Hatch and Parent, Attorneys for The South Tahoe Public Utility District SB 365449 v1:007627.0065 (signatures continued on next page) 2 EXHIBIT C COUNTY OF ALPINE By: Chairman, Board of Supervisors Attest: Clerk ALPINE COUNTY WATER AGENCY By: Chairman Attest: Clerk APPROVED AS TO FORM: By: Dennis Crabb Rollston, Henderson, Rasmussen & Crabb, Attorneys for The County of Alpine and The Alpine County Water Agency SB 365449 v I :007627.0065 3 EXHIBIT C Alpine County Effluent Disposal Cost Example: First 150,000 gallons per day are at no cost to the county. Flow exceeding 150,000 gallons per day will be charged based on the maximum day flow pro rated to the actual operation and maintenance cost for the District facilities used. Assume total maximum day Alpine county flow is 200,000 gallons. Flow subject to fee is 200,000 minus 150,000 or 50,000 gallons. District's maximum daily flow is 7,700,000 gallons. (50,000 /7,700,000) equals 0.00649 Assume District operation and maintenance cost for the facilities used is $20,000* per year. Alpine County's share would equal $20,000. * 0.00659 equals $131.80 This is not an actual cost figure. Actual cost would depend on which District facilities were used (export pipeline from point of connection down hill, Harvey Place Reservoir, Diamond Ditch, etc.) EXHIBIT D TO: FROM: South Tahoe Public Utility District General Manager Richard H. So'brig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer J 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 6.c Board of Directors Kathy Sharp, Clerk of the Board MEETING DATE: December 16, 2004 ITEM — PROJECT: Election of Board Officers REQUESTED BOARD ACTION: Elect a Board President for 2005 Calendar Year DISCUSSION: This election is held in accordance with Board Policy. The Board's committees shall be appointed and publicly announced by the Board President at the January 6 Regular Board meeting. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES R.' NO CHIEF FINANCIAL OFFICER: YES RV�� NO CATEGORY: General TO: FROM: South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 6.d Board of Directors Kathy Sharp, Clerk of the Board MEETING DATE: December 16, 2004 ITEM — PROJECT: Election of Board Officers REQUESTED BOARD ACTION: Elect a Board Vice President for 2005 Calendar Year DISCUSSION: This election is held in accordance with Board Policy. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES �I�-C'74$ NO CHIEF FINANCIAL OFFICER: YES_ Yti NO CATEGORY: General PAYMENT OF CLAIMS FOR APPROVAL December 16, 2004 Action Item 6.e Payroll 12/8/04 Total Payroll BNY Western Trust Company Cost Containment - health care payments Hatch & Parent - legal services Total Vendor EFT Accounts Payable Checks Sewer Fund Accounts Payable Checks Water Fund Accounts Payable Checks Self- funded Ins Accounts Payable Checks Grant Funds Total Accounts Payable 336,523.62 336,523.62 335,828.40 118,142.10 85,246.84 539,217.34 253,439.01 84,977.10 403.00 - 28,661.40 * 310,157.71 Grand Total 1,185,898.67 Payroll EFTs & Checks 12/08/04 EFT AFLAC Medical & Dependent Care 700.10 EFT CA Employment Taxes & W/H 15,885.29 EFT Federal Employment Taxes & W/H 83,386.77 CHK CalPERS Contributions 18,327.75 EFT ManuLife Pension Loan Payments 4,993.85 EFT Great West Deferred Comp 13,261.20 CHK Stationary Engineers Union Dues 1,529.49 EFT United Way Contributions 105.00 EFT Employee Direct Deposits 170,941.54 CHK Employee Paychecks 27,392.63 Total 336,523.62 * Negative total due to voided check #58499 00 South Tahoe P.U.D. 12 /09/04 P A Y M E N T OF CLAIMS R E P O R T 12/03 /2004- 12/16/2004 1 TAU, DEC 09, 2004, 1:49 M - -xe: THERESA---leg: GL JL- -lo : CNSI1 - -- -job: 323433 #S000----pro g: CK509 <l.0"7 >- -fit id: C�CR� Default t Selecticn: Check Stock ID: AP ; Check Types: Mt AW, RV, VH Vendor Naare Acoaint # DePartmant ACWA AWWACAL- NEWSCLEN 10 -00 -2530 COAL & ALNIINISIRATTCN 20 -29 -6250 ENGINEERING AITZANDIL1 LASER PRai= IIVC 20 -37 -4920 Il ATICN SYSr ENS 10 -37 -4920 INECFMTICN SYSTEMS A RO- PACIFIC ALAN SIERRA CDFFEE C C PANY ALPINE, =NW OF AIvERICAS - SO LAKE= ARA ARK LNIFORM SERVICES ASc HASLER/ CE CAP PRs'x AVISIA UTILITIES 10 -00 -0421 GENERAL & AT]V NISIPATTCN 10 -00 -6520 GENERAL & AtMI ISIRATTCN 20 -00 -6520 GENERAL & ALMINISIRATICN 10 -28 -6651 ALPINE CCxNI.Y 10 -00 -6360 10 -28 -6360 10 -00 -2518 20 -38 -4405 CAL & ALMINISIRATTCN ALPINE o U iY GENERAL & AtM NISIRATICN GBIC MER SERVICE 10 -38 -5020 C LETCMER SERVICE 20 -38 -5020 CUSICNE R SERVICE Description EMPLOYEE VISION ThIS Check Total: LLES Check Total: PRINITN3 PRINITI3 Check Total: SAP SUPPLY INVENTORY Check Tbtal: SUPPLIES SUPPLIES Check Tota1: LAD TAXES Check Total: PROPANE PROPANE �' Check Total: QNIF�y:1L 1A1� SERVICES PAYART F Check Total: �• 1• ID CO /• 'S 10 -00 -6350 GENERAL & AtM NISIR TTCN NATURAL CAS 20 -00 -6350 COAL & ALMINISI PTICN NATURAL CAS I.ED,SE Check Tbtal: Anu nt Clerk # Type 2,480.35 2,480.35 00058607 MJ 65.00 65.00 00058608 M7 140.00 140.00 280.00 00058609 NW 81.39 81.39 00058610 MV 106.00 106.00 212.00 00058611 MV 19,221.41 19,221.41 00058605 NW 463.58 851.07 1,314.65 00058612 MV 1,638.84 171.64 1,810.48 00058613 MI 67.43 67.43 134.86 00058614 WI 11,562.48 552.61 S o u t h T a h o e P.U.D. 12 /09/04 PAYMENT O F CLAIMS REPORT 12/03/2004-12/16/2004 THJ, DEC 09, 2004, 1:49 PM - -req: 'IFS -- -leg: GL CNSl'J± - -- -dab: 323433 #5000 - - - -p cg: 09 <1.07 > - -mart id: Default Sel ecticn: Check Stock ID : AP ; Check Types: MW7,1 , RV, VH Verricr Nate Acaxmt # Dapartment Descriptican Amount Check # IlYpe Check 'Ibtal: 12,115.09 00058615 NW B B & H BENEFIT DESIGNS 10 -22 -4405 BLFAN RESOURCES CLNIRACILAL SERVICES 1,249.00 20 -22 -4405 HLNAN RESOURCES DIREX.'ICR. CCNIRACILIAL SERVICES 1,249.00 Check Tbtal: 2,498.00 00058616 MN BASIC LACY INC. 10 -07 -6110 LABORATORY M:NITCRIIZ 290.00 Cock Total: 290.00 00058617 MA7 BAY TOOL & SUPPLY DE 10 -00 -0421 COAL & ALKINISIRATICN SEDP SUPPLY INVENT: 273.28 Check Tbtal: 273.28 00058618 MN BENNETr.0 SIAHELI ENGINEERS 10 -29 -8352 EN3INEERINO WJIUWOCD smsoE INIEKEPICR 3,600.00 Check Tbtal: 3,600.00 00058619 Ma BENILY P.2ROIA1DYNMIC 10 -06 -6652 OPERATIC NS BICfSOLID DISPOSAL COSTS 1,381.32 Check Total: 1,381.32 00058620 MA7 BERRY-HINCK[EY IN USIRIES 10-00-0415 COAL & ALNIINISIRATICN C7s9OL_ INVENICRY 1,774.66 10 -28 -4620 ALPINE =MY DIESEL 772.20 Check Total: 2,546.86 00058621 Ma BI STATE PROPANE 10 -04 -6041 HEAVY MU NIENAN BUIIDINaS 66.15 10 -29 -8238 End PUP SIN GITLIER MIN 335.60 20 -02 -6051 PCNPS PCNP SIAtags 439.84 Check'Ibtal: 841.59 00058622 NW MAKES SO LAKE TAHOE 10 -21 -6520 PINZNISIRATICN SUPPLIES 25.20 20 -21 -6520 ALMINISURATICN SUPPLIES 25.21 Check Total: 50.41 00058623 NW ME RIBBON TEMP PERSONNEL 20 -05 -4405 EQUIP ENT REPAIR CCNIRPEILAL SERVICES 497.00 10 -05 -4405 EQUIPMENT REPAIR C NIRACILAL SERVICES 497.00 Check Total: 994.00 00058624 NW South Tahoe P.U.D. 12/09/04 PAYMENT OF CLAIMS REPORT 12/03/2004-12/16/2004 THU, EEC 09, 2004, 1:49 PM - -req: Q, 3L- -loc: CNSE1E - -- -job: 323433 #5000--- -pixg: 09 <1.07>--repert ± Lbfai i1 t Selection: Check Stock ID: AP ; Check Types: M 1, } W, RV, VH Vendor Nacre Account # Dlrt ent T OF LAND 10 -28 -5010 ALPINE =MY CSMFO CWEA 10 -39 -6250 FIDE 20 -39 -6250 F Il E 10 -04 -6250 HEAVY CALIF LET OF HEALTH SERVICES 20 -02 -6250 PLMPS 10 -06 -6250 OPERATIONS CALIF LET OF HEALTH SERVICES 20 -02 -6200 RMPS C LIFO NIA OVERNIGHT -IT 10 -00 -4810 20 -00 -4810 10 -29 -7040 20 -29 -7046 10 -07 -4810 20 -07 -4810 10 -06 -6650 GENERAL & AEMENISIRATTCN GENERAL & AIIMITTISIRATICN ELUMERING ELUNEERIM LABCRATCRY LABCRAICRY OPERATICNS 10 -22 -6079 HUNAN RE3aRCES 20 -22 -6079 HCNAN RE3CURCES DIRECTOR 10 -21 -6200 AEMINISIRATTCN 20 -21 -6200 ALNIINISIRATTCN recIrd ; an LAND AND EUIIDIN3S Check 'Ibtal : /CE ITETCATI Check Tbtal: LUES/NIQ RSEIIPS /C E TTFICATI Check 'Ibtal.: LIES a ,D IFS/CEETTFICATT LUES m =- u• /CEETIFICATT Check Tbtal: TRA ECtXATTCN Check 'Ibtal : Verear Tbtal: MACE EXPENSES SCDILM HYBCCHr IME. O I1VERSI C '�Tv�r OFERATIM PERMITS Check Tbtal: LUES LUES a 22.4 1 SAFETY FRCGRAMS SAFETY P1 Check Tbtal: TRA /ECUIATTCN TRA !D 1 e. 12 I e. CEtWSP Arcunt Check # Type 4,700.00 4,700.00 00058625 NW 25.00 25.00 50.00 00058626 NW 151.50 151.50 00058627 Md 90.00 60.00 150.00 00058628 Ma 50.00 50.00 00058629 MAI 200.00 16.50 16.50 21.43 5.24 35.88 48.30 5.21 149.06 00058630 Md 127.86 127.86 255.72 00058606 NW 31.88 31.88 S o u t h T a h o e P.U.D. 12 /09/04 PAYMENT O F CLAIMS REPORT 12/03 2004 - 12/16/2004 'IH T, EEC 09, 2004, 1:49 EM --rap THERESA.---leg: GL JL--loc: CNSiil - -- -fob: 323433 45000 - -- -ping: 09 <1.07 > - -wort id: Default Selection: Check Stock ID: AP ; Check Types: Ma, HW, RV,VH Vendor Narre Aocaazt # Depart:trent CARCLID E\TUS C'ARSCN Ft MP (WRIER ADVIIZITSII3 /J IG J =ME, C C CKM13, DENNIS CCLCUR PRESS CII[S C ( & OTC CCNSEarTICN INC 20 -29 -8438 ENGINEERING 10 -29 -8238 EiG NEEREZ 10 -29 -4521 ENGINEER= 10 -39 -4920 FINANCE 20 -39 -4920 FINANtE 10 -29 -4520 ENGINEERING 10 -27 -6200 DISTRICT IITICN 20 -27 -6200 DISIRICT INFORMATICN. 10 -39 -4920 FINANCE 20 -39 -4920 FINANCE 20 -22 -4405 10 -22 -4405 90 -98 -8828 10 -01 -6052 1-1(MN RESOURCES DIRF)✓ILff2 ENPCRT PIPELINE CRAM' LAID REPAIR Description Check Total: VeTear Tbtal: BSIR SIN, 0. LIAN (REPL) U4P SIN, Cwt MIN Check Total.: CSE M% LTABU I Y CLAIMS Check Total : PRINTING PRINITNU Check 'Ibtal : MIX LIABILITY CLAIMS Check Total: TRADE/ /ECUC'ATICN TRAWL/ /E MATICN Check Total.: PR NI'ING PRINTING Check Tbtal: CENIRACIUAL SERVICES CINIRALTUAL SERVICES Zbtal: MINE PHS III LPPS-MITRIN Check Total.: PIPE, ODVERS, & MWEIES a Amount Check # Type 63.76 00058631 Ma 319.48 427.88 427.87 855.75 00058632 Ma 3,627.50 3,627.50 00058633 Ma 3,045.00 3,045.00 6,090.00 00058634 MAT 437.32 437.32 00058635 NW 00058636 Ma 00058637 Ma 00058638 Ma 264.78 264.78 529.56 3,755.82 3,755.82 7,511.64 41.10 42.10 83.20 - 31,325.00 - 31,325.00 00058499 RV 429.82 South The P.U.D. 12 /09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12/16/2004 CKP THU, EEC 09, 2004, 1:49 FM - -req: 'IFIERESA-- -leg: (L JL - -loc: CI4SI1E-- - -jcb: 323433 45000--- -prog: CIE09 <1.07 >- -r€ort id: Defy it t Selecticn : Crack Stock ID: AP ; Check Types: NW, HW, RV, VH Vencbr Narre Aoctunt # Department D &L EMERY &SUPPLY D L T SCWITCNS INC DEL, NARKEflN3 L P DICK OZRP ECU AS DISPOSAL EL DCaRAOO COUNTY ENEEDYE 2S CWUP FNTIlRO-IMH FED FREICEr DST FISHER SCT NITFIC 10 -01 -6052 10 -29 -8381 10 -37 -4840 20 -37 -4840 20 -07 -4760 10 -07 -4760 10 -00 -6370 10 -02 -6650 10 -22 -6079 20 -22 -6079 10 -07 -4760 20 -07 -4760 10 -03 -6051 10 -07 -4760 L1ID REPAIR EN31=1\Th INECEVATICN SYS= INECIRMATICN SYSI 1 E LAB=RY LABORATORY CELL & ALND ISIRATICN PC1�9PS RE3aRCES HLNAN RESOURCES DIRE I R LABCRATURY LABORATOR E B=CAL SHOP LABCRATCRY E-iptian Check Total: PIPE, COVERS, & NAlLES Check Total: AUIOC AD U Check Tbtal: DISIRICT CCNIPUIFR SUPPLIES DISIRICT CCMPUIER SUPPLIES Check Total: LABORATORY SUPPLIES LABC RATCEY SUPPLIES Check Total: REEt.EE DISPOSAL Check Tbtal: O ERATIM P H 1rIS Check Total: SAFETY P.vE SAFER PROGRAM Check Total: IAECEMORY SUPPLIES LABamazt SUPPLIES Check Tbtal: PINP =CBE Check Total: 'ABM= SUPPLIES Amount Check # Type 429.82 00058639 NW 1,394.25 1,394.25 00058640 NW 2,680.18 2,680.18 00058641 NW 273.63 273.62 547.25 00058642 NW 142.64 134.06 276.70 00058643 NW 103.68 103.68 00058644 NW 398.00 398.00 00058645 NW 1,350.00 1,350.00 2,700.00 00058646 NW 538.39 559.14 1,097.53 00058647 NW 174.66 174.66 00058648 NW 170.04 THSouth Tahoe U, DEC 09, P.U.D. 4, 1:49 ENI 12/09/04 ']IAA - -1e3: GL OF CLAIMS CN 1'.L1 — -jab 323433 #5000 -- - -pi cg 12/03/2004-12/16/2004 9 <1 7 i t id: °C PC Default Selection: Check Stock ID: AP ; Check Types: NW,HW,RV,VH Vendor Nam Acc .mt # 20 -07 -4760 G B COAL EIJ CCNIRACIC R INC 20 -01 -6052 CARCTA =VAT= & PAVJ ,DIN 20 -29 -8401 C AING R INC, W. W. 10 -00 -0421 10 -39 -6077 10 -04 -6012 CEIICSR & GO 90 -98 -8828 1.113H SIERRA BUSINESS SYSIEMS 10 -38 -4820 20 -38 -4820 HIGH SIERRA SHIES 10 -21 -6621 20 -21 -6621 HCCEL NAIOD INDUSTRIES IOC 90 -98 -8828 Department LAECRAT RY tI ND REPAIR EINC COAL & AIIMLNISIRAT'ICN FTNANCE HEAVY N1ZIIOIIINANCE Ex u r PIPELINE GRANT CUSICMER SERVICE CUSICNIER SERVICE ALMI ISIRATICN AlC=SIRATTCN EST PIPELIlE GRANT HIDDPCNICED LCCESMITH 10 -38 -4820 CUSIMER SERVICE 20 -38 -4820 CUSKNER SERVICE H?E ICK, RICK 20 -02 -6200 RN1PS Description IAB:RAZCEff SUPPLIES Check Total: Piles, COVERS, & NANEMES Check Total: CUSIU ER SERVICE CENI R Check Total: ShUP SUPPLY INVENBIZY ) T CS7IIS FEETLE Check Total: ELINE PBS III LPPS -CAN Check Total: OFFICE SUPPLIES OFFICE SUPPLIES Check Total: IKENITVE & R}3203NITTCN PRsC42 IlEETITVE & REC:CGNITICN PRO2 Check Total: ELINE PBS III LEIPS-CAMPGDOW CInck Total: OFFICE SUPPLIES OFFICE SUPPLIES Check Total: TRAVEL/NIEETIL`TS /E CUCATICN Check Total: Anoint. Check # Type 147.53 317.57 00058649 NW 2,990.00 2,990.00 00058650 NW 328.53 328.53 00058651 NW 280.43 0.00 42.76 323.19 00058652 NW 2,358.65 2,358.65 - 99.48 - 99.47 - 198.95 300.00 300.00 600.00 00058653 NW 00058426 RV 00058654 NW 258.00 258.00 00058655 MAT 5.00 5.00 10.00 00058656 NW 75.00 75.00 00058657 M' South Tahoe P.U.D. 12 /09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12/16/2004 id: CKPc7 THU, EEC 09, 2004, 1:49 PM - -req: T A- - -leq: Q, 3L- -lac: CNSi'1E - -- -jab: 323433 #5000 - -- -pmt: 09 <1.0'7 > -- Default t Selection: Check Stock ID: AP ; Check Types: NLA7, HAT, RV, VH Vend= Nacre Account # merit I M P A C GWERMENT SRVICES 10 -01 -6052 20 -02 -4820 10 -28 -6042 10 -28 -6200 10 -28 -7039 10 -39 -6200 20 -39 -6200 10 -05 -6200 20 -05 -6200 10 -21 -6621 10 -27 -6200 10 -27 -6620 20 -21 -6621 20 -27 -4820 20 -27 -6200 20 -27 -6620 10 -38 -6200 20 -38 -6200 10 -04 -6073 10 -37 -6200 20 -37 -6200 20 -38 -4820 10 -29 -4820 10 -29 -6200 20 -29 -4820 20 -29 -6200 10 -22 -6200 10 -22 -6250 10 -22 -6670 20 -22 -6200 20 -22 -6250 20 -22 -6670 10 -02 -4820 10 -02 -6200 LIPID REPAIR PUMPS ALPINE =FY IY ALPINE C73[NI'Y ALPINE 02UNTY FINANCE FINANCE EQUIPMENT REPAIR P I ENr REPAIR SIRATICN DISTRICT INPORYATICN DISIPA N DISIRICT INFCRMATICN DISTRICT INFCTTICN DISTRICT CUSI 2 SER CE T CUSICMER SERVICE HEAVY NAINIEMAN E INFORM= EMS CUSTas ERR SSTIICCE EIEIN3 ENGINEERZ13 RYAN RESOURCES HLMANRES0= RAIN RESOURCES HUNAN REiUJRCES D }DAN RESOURCES DIRECICi. alvinsN RESOURCES DIRECTOR PUMPS PUMPS Description CE1 TaE rat Es 'IRA �r��i a t. EI:UjC��'TICN HEISE ' • • • 'ID APSE TRA D 1 e./ 'IcN 'IRA D Is 1 t.. /ECUCATTCN 'IRA 4 ID 1 el. DR i• Qv IRA D !D I e.. EarATICN 1 •D & Weft CN PR3R 'IRA : ID 1 IDUCATICN RELI MATT EXPENSE INCENITVE & RECD=ICN Pmt OFFICE 'IRA /EGUZATTCN RHEA 'IRA. E KPENSE IRA ALL TRA /E TICK 'IRA /'ICN OFFT SUPPLIES TRA CE /E UMTTCN OFFTOE 'IRA �+ SUPPLIES i /IDCTATTCN TRAD �� it. CN Lt1ES T: _,D"+ 1 PS CERTIFICM •aV• i i TRA 0 1 ea CN 0 DUES T,� :0" ea PER9CMEL OFFICE SUPPLIES TRAVEL/MEErn /E1t7 TTCN Arrrxmt Check # Type 15.83 294.96 191.23 72.20 91.21 867.36 867.35 31.23 31.22 250.00 425.46 147.90 250.00 80.86 344.60 147.90 204.03 204.03 47.69 116.38 116.37 198.95 6.08 249.13 6.08 41.83 291.29 155.00 8.98 291.29 155.00 8.97 56.89 13.15 South Tahoe P.U.D. THU, DEC 09, 2004, 1:49 Default Selecticn: CI-Eck Vendor Nacre 12/09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12/16/2004 M'4 - -reg: U" ESA- - -1eg: C , JL - -loc: CNSLLE--- -jcb: 323433 #5000 - -- -prep: 09 <1.07 > - -refit id: Stock ID: AP ; Check Types: MAT, HW, RV,VH Account # DEpartnEnt IOMA IIJ DISIRIEU.ITCN CORP. 20 -02 -6200 10 -06 -4820 10 -06 -6200 10 -06 -6520 10 -06 -6042 10 -39 -4830 20 -39 -4830 10 -07 -6200 10 -07 -6250 20 -07 -4810 20 -07 -6200 20 -07 -6250 20 -01 -6083 10 -21 -6520 20 -21 -6520 10 -21 -6200 20 -21 -6200 10 -37 -4840 20 -37 -4840 10 -02 -6051 10 -02 -6083 20 -02 -6051 20 -02 -6083 10 -29 -8352 PUMPS OPERATIONS OPERATICNE O' PFI'R�*ATI'1CNS OPERATICNS F ��:"i��..E FINANCE LABORATCRY LABCRATCRY LAB RA:CRY LABCRAICIRY 1NEE NIQAIR AENDNISTRATICN AIIMINISIRATICN AEMINISTRATICN INKIRMAITCN SYSTEMS INECIRMTTCNT SYSTEMS REPS RMPS REPS REPS EMINFERINU 10 -39 -4830 FIDE 20 -39 -4830 FTNANCE 10 -07 -4760 IABCRATCRY 20 -07 -4760 L?ATORY Dasar-iptian O i / a� 'IRA /EDUCATION GRINDS & MINIENANCE 1" FII ~ CP NSE PTIC NS TRA �� r• CN I CERTIFIC ATI IxJES PS �'IFICCATT SUPPL E S CNS Tip vo•'!1• se. pe I', I: TRA TRA CN TPA a+ 1 t. =TTCN DISTRICT SUPPLIES RMP ETC T R SUPPLIES SMNEBY PITEMIATICNS PLONTATICNS PUP SMITCNS WIZLD SINIERCEPICR Check Tbtal: aPSCRIPITC NE EXPENEE SC CRIFITCNS EXPENSE Check Tbta1: LABORATORY SUPPLIES LABORATOFY SUPPLIES Check Tbtal: Ancur t Check # Type 13.14 416.29 61.34 75.01 465.20 34.00 34.00 82.59 40.00 19.30 82.58 40.00 317.01 25.35 25.35 13.53 13.53 -5.36 -5.36 27.87 34.49 27.86 34.49 22.81 8,175.47 139.47 139.48 278.95 6.53 5.36 11.89 00058660 Ma 00058661 MV 00058662 Ma. Sazth Tah e P.U.D. 12 /09/04 PAYMENT OF CLAIMS REPORT 12/03/2004-12/16/2004 THU, DEC 09, 2004, 1:49 HK - -req: IIIE2ESA- - -lei: Q, JL - -loc: Q Sl'1E - -- -jab: 323433 #S000-- - -pmg: aG.09 <1.07 > - -zit id: Default Selection: Check Stock AID: AP ; Check Types: Ma, I '7, RV, VH Vera ar Nacre Aocumt # D p rtuent INIERSIATE SAFETY' Sr SUPPLY 10 -00 -0425 GENERAL & ALNIINIS RATICN JEFF'ER9CN PILOT FI ANCTAL JCJB' S PEAK PR MARY CARE KRLT &KOWLRADIO KAISER PERWINENIE KANK, NICOLE LAKES= NAPA 10 -00 -2539 COAL & ALNIINISIRATICN 10 -06 -6075 OPERAZT NS 20 -27 -6660 DISTRICT TIICN 30 -00 -6745 SELF FUNDED INSURANCE 10 -00 -2002 GENERAL & ALMINISMAITCN 10 -01 -6012 20 -01 -6073 20 -01 -6071 10 -04 -6012 10 -04 -6023 10 -04 -4630 10 -04 -6047 10 -04 -6653 10 -02 -6051 10 -02 -6012 20 -02 -6012 10 -02 -6073 20 -02 -6073 10 -28 -8531 10 -39 -6078 10 -05 -6011 INEERGRaND REPAIR INCERGRaND REPAIR L1 NJ REPAIR MAW AINIENANCE HEAVY NIN INIENANCE HEAVY NAINIENWE HEAVY ONCE HEAVY rg E PUPS PCNPS PUPS PCMPS ALPINE MINTY FINANCE 1 .TIAM`NT REPAIR Deripticn SAFEIY SUPPLIES INVENICRC Check 'Ibtal : Tom.' 'IFHvI DISABILITY. LNIICN C1e k Tbtal: SAFEIY IICLJIMv NT /PHYSICALS Check Tbtal: TAIATER cIATICN EKPENEE ChEck 'Ibtal : CTAIMS MP INS MEDICAL PLAN Check 'Ibtal : UITLITY BILLIN SUSPENSE Check Tbtal: TCOLS SEA � MMILE FILTER OIL & E p Rr F MAIN RIFAIRS BI.:. u. f pSSIAT'IG Ds EVENT MILE Di • io SAIL 'IC S INVENIORY b'IlMENIS AURMDTIVE a Amount Check # Type 281.68 281.68 1,969.18 1,969.18 105.00 105.00 1,860.00 1,860.00 403.00 403.00 190.68 190.68 -21.45 38.11 177.50 38.00 8.58 13.46 7.02 28.01 59.07 38.06 38.06 10.74 10.74 5.75 145.56 1,594.52 00058663 PAW 00058664 MAI 00058665 Ma 00058666 Mg 00058667 WI 00058668 Ma South Tahoe P.U.D. THU, 1B2 09, 2004, 1:49 1f a It Selection: Check Vendor Nacre 12/09/04 PAYMENT OF PM - -req: THE -- -leg: GL JL - -loc: CLAIMS R E P O R T 12/03/2004_12/16/2004 10 CNSJ1E - -- -jab: 323433 #5000--- -prcg: 09 <1.07 > - -refit id: cm PC Stock ID: AP ; Check 'Types: NLV,HW,RV,VH Acccu t # DBrbrent T,TTTY'S TIRE SERVICE INC. NARO, MICHAEL J NARI N MIL & PATIH'T 10 -01 -6520 LNEERSROUND REPAIR 20 -01 -6520 LIPID REPAIR MARTIN', ECNAID L & NARJC IE 20 -39 -6709 FINMCE 20 -39 -6710 F' M'RLtT, JAMES H. 20 -39 -6709 FIDE 20 -39 -6710 FINANCE M RTMT, LARRY V. 20 -39 -6709 FINANCE 20 -39 -6710 FINANCE NARITN-403ELLAS, LCXJISP 20 -39 -6709 FINNN2E 20 -05 -6011 10 -05 -6013 20 -05 -6013 10 -05 -6071 20 -05 -6071 10 -05 -6073 20 -05 -6073 a• 2• a• ACTT REPAIR HINT REPAIR REPAIR M ENT REPAIR PMENT REPAIR FMENT REPAIR RMENT REPAIR 10 -05 -6011 REPAIR 20 -05 -6011 E REPAIR 1 20 -05 -6250 REPAIR 0 -05 -6250 REPAIR Dscr-ipticn AIJICNOTIVE GENERAICRS CEN RATCRS SHOP SUPPLIES S DP SUPPLIES S MIL 'IOCLIS SvALL TCC}LS 1UICMDMVE EUES EUES 10 :IOW: u- 0 :D" IF' SUPPLIES SUPPLIES Check Tbtal: Check Tbtal: /CERnFICAIT /CEPTIFICATI Check Total: Check Tbtal: ILAN PRINaPAL PAYIENIS INIEREST EXPENSE Check Tbtal: LOAN PR1NZEPAL PARIS INIEREST FXPENSE Check Total: LCAN PRINCIPAL PAiENIS INIEREST EXPENSE Check Tbtal: LOAN PRINCIPAL PAENIS Am punt Check # Type 829.10 60.41 27.32 101.35 101.34 61.35 61.35 3,433.95 622.32 622.34 1,244.66 32.00 32.00 64.00 142.50 142.50 285.00 5,786.28 2,131.56 7,917.84 2,893.14 1,065.78 3,958.92 2,893.14 1,065.78 3,958.92 2,686.38 00058669 NW 00058670 Mi 00058671 NW 00058672 NW 00058673 NW 00058674 MW 00058675 NW South Tahoe P.U.D. ']HJ, DEC 09, 2004, 1:49 refer it t Selection: Check Vendor Naare 12/09/04 PAYMENT O F CLAIMS R E P O R T 12/03 2004 - 12/16/2 id: CK� FM --rag: A - - -ler : GL JL - -loo: CNSi1E - -- -jab: 323433 4S000-- - -prog: 09 <1.07 > -- Stook ID: AP ; Check Types: NW,HW,RV,VH Account # Dapartment M MSIER CARR SUPPLY OD Nom, ELI7AEEI { MEEKS BUILDING C VIER MID M1NTAIN MILE G. MX MAINT LENDCRAT 20 -39 -6710 FILM 10 -04 -6021 10 -02 -6048 10 -04 -6653 20 -02 -6071 10 -03 -6041 10 -04 -6041 10 -00 -2002 10 -02 -6048 10 -04 -6042 10 -28 -6042 10 -01 -6071 10 -02 -6051 10 -02 -6071 20 -02 -6050 10 -02 -6073 20 -02 -6073 90 -98 -8828 20 -02 -6054 10 -04 -6071 10 -04 -6021 10 -04 -6041 10 -01 -6056 20 -19 -4830 HEAVY MINIENANCE PCMPS HEAVY MINDENANCE givIPS Ef, F -IPI( L gip HEAVY MAINIENANCE GENERAL & ARM NISIRATICN REPS HEAVY M7NIENANCE ALPINE GaNIY LIPID REPAIR LAMPS AMPS PIMPS RNPS PIMPS PIPELINE GRAM' REPS HEAVY MINIENANCE HEAVY NAINIENWCE INDERGRCLND REPAIR. B OF DIPECICRS Dascription IlVIEREST EXPENSE Check Tbtal: PRIVARY JmvENT R��CN UJIHER BIOSCF11aS ANA U� /B3uDINTh BUILDINGS BUILDINGS Check Ibtal: UIThTIY BILL N3 SUSPENSE Check 'Ibtal : U1�P& C I' NV NNE STOP SUPPLIES AMP SIATICNS SE3JP SUPPLIES WELLS syALL 'Ica s SHALL =ES BLINE •'• III LPPS -N "M+• ∎ r WATER S SEDP PRINARY BUILDINGS ' Check lbtal: RADIO REPAIRS/REPLACENENT Check 'Ibtal : SUESCRIPTICNS EXPENEE Auc nt Check # I pe 989.61 3,675.99 00058676 M'7 94.67 189.80 62.92 143.90 157.69 327.87 976.85 00058677 NW 72.42 72.42 00058678 MW 40.01 818.34 27.76 72.88 16.93 10.60 8.27 12.33 12.33 46.95 28.25 37.51 28.05 39.53 1,199.74 00058679 W7 532.31 532.31 00058680 W7 75.00 South Tahoe P.U.D. 12 /09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12416/2004 id: THU, DEC 09, 2004, 1:49 LM - -req: THERESA --- -leg: GL 3L- -loc: CNS1IE -- - -jcb: 323433 44S000----prcg: 09 <1.0> -- Default Selection: Check Stock ID: AP ; Check Types: M4,1-W,RV,VH V r Nacre Acoamt # Depertffent METIER PALACE, THE NASTT NELB TAKE HARDWARE NEVAI A Rr n NEiRK IN CNE NllvRE E 3 FENS INC NC RTH AMERICAN FWJINJ OFFICE DEFT 10 -05 -6011 20 -05 -6011 10 -29 -6250 20 -29 -6250 10 -02 -6048 10 -02 -6051 10 -04 -6023 10 -04 -6653 20 -01 -6071 EQUIPMENT P2PAIR REIN ELUNEERIM EN3INEERIM PIMPS HEAVY NAINTENANE HEAVY MINIENANCE LSD REPAIR 20 -29 -4820 EI]N3 10 -29 -4820 ENGINEER1N3 10 -03 -6021 ELECTRICAL SEDP 20 -29 -8463 EiGIlNEBRll3 20 -29 -8574 EIGINEERIN3 20 -39 -6709 FINANCE 20 -39 -6710 FINANCE 20 -38 -4820 CUSIG]E1 SE1 VICE 10 -38 -4820 CUSTOMER SERVICE Descripticn AUICMDTIVE AUICMDITVE aEs DUES :/D• 1 Ml. 41 1 Check Total: Check Total: PPS / FICATI Check Total: LUTHER PASS PUP SIATICN PUMP SIATI• BIcH a• u■ B z /BTIZDINC SHOP i■ ■ 15. Check Total: CEFTCE SUPPLIES OFF'.CCE SUPPLIES Check Total: PRIMARY Check Total: SO UP TRKE WELL RE/RILL WELL, PAYVIEW Check Total: TUN PRIMAL INTEREST Check Total: CEFTCE SUPPLIES OFFTCE SUPPLIES Amxmt Check # TYPe 75.00 00058681 MST 25.00 25.00 50.00 00058682 MR 100.00 100.00 200.00 81.48 21.20 3.82 20.27 4.27 131.04 147.97 121.56 269.53 96.15 96.15 1,605.00 2,165.00 3,770.00 845.73 11.70 857.43 132.83 132.82 00058683 MI 00058684 Ma 00058685 Ma 00058686 Ma 00058687 MW 00058688 Mil Salth Tahoe P.U.D. 12 /09/04 PAYMENT OF CLAIMS REPORT EN2/03 2004 - 12/16/2 id: T, DEC I C 09, 2004, 1:49 �M - -req: THERESA---leg: GL JL - -loc: CNSI1E - -- -fob: 323433 #5000--- -prog: 09 <1.07 > -- Default Selecticn: Check Stock ED: AP ; Check Types: PvW, HW, RV, VH Vendor Nacre Account # DEpartnent P D M STEEL PIONEER. AMERICAS TIC POLK, XIV PRCG ESSIVE SLIMNESS Print -to- Mail. RADIO SEA RED WIi1 SEt E 51utr; REMJ DRAIN OIL SERVICE RIDGE Tom, THE 10 -04 -6024 HEAVY MkINIfl ]CE 10 -04 -6042 HEAVY MAINTENANCE 10 -06 -4750 10 -00 -2002 10 -22 -6079 20 -22 -6079 OPERATIONS COAL & ALMIlVISIRATICN alvIAN RESOURCES DIREEItR 10 -37 -4920 ILETFTICN SYS'IENS 20 -37 -4920 I1TCN SYSTEMS 10 -38 -6073 CLb1tIvIER SERVICE 20 -03 -6041 ELECTRICAL SF)P 20 -05 -6075 EQJIFMETT REPAIR 10 -05 -6075 REPAIR 10 -01 -6075 REPAIR 10 -28 -6075 ALPINE COUNTY 10 -05 -4630 EQ IPNENNT REPAIR 10 -21 -6621 AIIIINISIRATICN Descr-ipticn Check Tbtal: FURNACE ' GUN:6& CHLCRINE UIII1'IY BU LM' SAFELY PRCGRA S PRINT M PM= SMALL rICCES BJIIDIN SAFETY SAFETY SAFETY SAFETY Check Total: Check Total: SUSPENSE C1nec'k Tbtal: Check Total: Check Total: Check Total: PHYSICALS PHYSICALS PHYSICALS %PHYSICALS Check Total: OIL & LUE ICI NIS Check Total: INCENITVE & RSCO=TCN MGR Amount Check # Type 265.65 00058689 MAI 255.18 312.09 567.27 00058690 MAI 6,567.56 6,567.56 00058691 NW 72.42 72.42 00058692 MAI 432.00 432.00 864.00 00058694 MAI 56.28 56.28 112.56 00058693 M4 85.79 110.77 196.56 00058695 NW 241.23 241.23 317.61 155.70 955.77 00058696 MR 300.00 300.00 00058697 MR 1,285.23 South Tahoe P.U.D. 12 /09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12/16/2004 CP14 THU, EEC 09, 2004, 1:49 PM - -req: THERESA---leg: GL JL --loc: C S iE-- - -job: 323433 #5000-- - -prcg: aG.09 <1.07 >- -report id: Default Selection: Check Stock ID: AP ; Check Types: WT,HAI,RV,VH Vendor Nacre Ananmt # Depeituent SBC SBC /MCI SQJI'IYS } RE SIERRA FOOTHILL LAB1FLRY SIERRA HWY SAFETY 20 -21 -6621 AUUNISIPATTCN 10 -01 -6052 U ITD REPAIR 10 -37 -6310 INEI TICK SYSIETF 20 -37 -6310 INFORvATIM SYSTEMS 20 -00 -6310 10 -00 -6310 10 -02 -6310 20 -02 -6310 10 -38 -6310 20 -38 -6310 10 -22 -6310 20 -22 -6310 20 -01 -6071 10 -04 -6071 10 -01 -6071 10 -05 -6071 20 -05 -6071 10 -04 -6042 GENERAL & ALNIETISIRATICN ORAL & AE IINISIRATICN REPS REPS _ C CUSICMER CUSTCME Z SERVICE HUN RE90 ]RCES DIRECIC . L1 IUD REPAIR HEAVY KUNIENANCE INDIMSTUND REPAIR. REPAIR REPAIR NPUNIEIANCE D• • ID �• ID IDA 10 -07 -6110 LPG 10 -04 -6042 HEAVY MAINIENIANCE Description INC E NITVE & REOOMTITCN PRGR Check Total: PIPE, C VERS, & NAMES Check Total: TELEPFTNE TEL�E TELEPHONE NE Th EPKME TELEPHONE TELEPHONE TEE EP ME T LEPF ME TELEPHONE TEUERHME Check Tbtal: Check Total: SHOP SUPPLIES SHOP SUPPLIES SHOP SUPPLIES SHOP SUPPLIES SHOP SUPPLIES GRCINDS &VAINIEMNCE Check Tttal: FENTICR N3 Check Total: GRINDS & NAINI Tctal: An unt Check. # 2YPe 1,285.22 2,570.45 00058698 NW 474.00 474.00 00058699 M 8.31 8.31 16.62 00058701 NW 14.53 107.31 159.50 121.65 8.37 8.36 7.33 7.32 434.37 00058700 NW 8.11 14.24 3.19 6.39 6.40 6.05 44.38 00058702 NW 165.00 165.00 00058703 NW 2,048.47 2,048.47 00058704 NW South 'Tahoe P.U.D. 12 /09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12/16/2004 CK 15 THU, DEC 09, 2004, 1:49 HK - -req: THERESA -- -leg: (L 3L- -loo: CNSU E - -- -jab: 323433 #5000--- -prcg: 09 <1.07 >-- report id: Default Selection: Check Stack ID: AP ; Check Types: NLJ, HW, RV, VH Verrbr Nrre Aooa.mt # Department SIERRA PACIFIC PCTAER SIERRA SPRINB TAATER CID SAND SIRATEGIES/OFC INC. SOUTH MHDE NE SPAF R PffiVC Y SCUM TAME PLU ThT3 SUPPLY 10 -00 -6740 CAL & AII fNISIRATICN 10 -00 -6330 GENERAL & AlEMNISIRATTcN 20 -00 -6330 GENERAL & AINIINISTRATICN 10 -01 -6520 20 -01 -6520 10 -02 -6520 20 -02 -6520 10 -03 -6520 20 -03 -6520 10 -04 -6520 10 -06 -6520 10 -05 -6520 20 -05 -6520 10 -28 -6520 10 -38 -6520 20 -38 -6520 10 -39 -6520 20 -39 -6520 LEDERMUE) REPAIR II REPAIR RMPS MAPS ELECTRICAL SHOP Ef EcIr ICAL SHOP HEAVY N.AIl]CE OPERA7I NS pagalIu REPAIR BWIPMENT REPAIR ALPINE CDL N1Y CUSICMER SE4ZVICE C EKIVER SERVICE FTNANCE FINNCE 20 -27 -6660 DISTRICT ll TICN 10 -21 -4830 At1V NISIRATICN 20 -21 -4830 PENffNISTRATIMT 10 -04 -6073 10 -02 -6051 20 -02 -6050 10 -04 -6021 10 -02 -6048 HEAVY NAINIENANCE REPS RIPS HEAVY MINIMUM REPS Description STREET LIGHTIM EXPO ELBCIIZICTIY EI FC"TRTCTIY Check Tbtal: SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLTES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES Check Tbtal: WATER CENSEWATICN EXPENSE Check Total: S U89CRIPTIQS EKPENSE SUI2SCRIPITCNS EKPENSE Check 'Total SHALL 'ICXJL,S P[MP SIAT CNS 4 aLs PRIVARY EQRLUTHER PASS N Amount Check # Type 1,448.43 46,518.14 16,911.23 64,877.80 00058705 MAT 48.94 48.94 3.26 6.54 16.31 16.31 48.94 48.94 16.31 16.31 16.31 16.31 16.31 3.26 3.26 326.25 00058706 MAI 98.00 98.00 00058707 NW 52.76 52.77 105.53 00058708 NW 7.24 53.48 291.09 17.08 64.04 South Tahoe P.U.D. 12 /09/04 PAYMENT OF CLAIMS REPORT 12/03/2004-12/16/2004 CP 16 TH.I, DEC 09, 2004, 1:49 FM - -req: THERESA---leg: GL JL - -loc: CNSHE - -- -dab: 323433 #5000--- -prcg: 09 <1.07 > - -tort id: FXSFC Default Selecticn.: Check Stock ID: AP ; Check Types: NW,IN,RV,VH Vend= Na¢ e Account # Eepartnent 10 -29 -4520 EN3INEERZlN StJUIH TP}EE PUB LITZLTIY DIST 10 -00 -6340 10 -00 -6740 20 -00 -6380 90UIH TA}tE REUSE S 94W SIANCARD INSURANCE COMPANY =LINE OFFICE SUPPLY S[BSITIUIE PEPS EL & 20 -00 -6370 10 -00 -6370 COAL & AL:MINISTRATTCN COAL & ALMINISIRATTCN GENERAL & ALMINISIRATICN GENERAL & ALITTISTRATICN CORAL & ALfIINTISIRAT'ICN 10 -01 -6052 NOERGRaND REPAIR 10 -00 -2531 10 -21 -4820 20 -22 -6079 20 -21 -4820 10 -22 -4820 10 -37 -4820 20 -37 -4820 10 -01 -4820 20 -01 -4820 CORAL & ?ENINISIFATICN DIRE= ALMINISTRATICN ALMINISTRATICN alvAN RESOURCES INFCEVATICN SYSTENE INECEVATION SYSIENE INEUM:UND REPAIR .CNI:ERGROCND REPAIR 20 -07 -4405 LABORATORY 10 -07 -4405 LABORATORY 10 -37 -8565 INETHAATION SYSIII E 20 -01 -4405 LIPID REPAIR Description MISC LIMTTTIY CIAIW Check Tbtal: LIGHTING EXPENSE WATER OIH R1t mairIES CIE& Tbtal: REFUSE DISP SAL REFUSE DISPOSAL Check Tbtal: PIPE, COVERS, & MDINFIJLE:S Check Tbtal: IA3 TERM DISAABII�TY M3M C1led< 'Ibtal : IY SUPPLIES SAFETY PROGRAMS CFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES CETTCE SUPPLIES Check Tbtal: �L � C SERVICES GIS INPr EMEN ITCN CONIR CILAL SERVICES Check Tbtal : Amount Cherk # TYPe 596.02 1,028.95 00058709 M'7 1,774.92 17.00 312.70 2,104.62 00058710 NW 248.92 1,879.53 2,128.45 00058711 NW 343.09 343.09 00058712 NW 1,500.06 1,500.06 00058713 NW 80.28 6.43 80.28 6.43 8.53 8.53 189.14 189.13 568.75 00058714 NW 784.80 784.80 1,601.60 1,361.50 4,532.70 00058715 NW Stud). Tahoe P.U.D. 12 /09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12/16/2004 gee 17 THU, EEC 09, 2004, 1:49 PM - -req: 'III, -- -leg: GL JL - -lo : CI�1S1'1E - -- -jab: 323433 #5000--- -prcg: 09 <1.07 > - -rat id: CKREC3EC Default Selectian: Check Vend= Nacre Stock ID: AP ; Check Types: NW,H4,RV,VH Aooa mt # Departirent SUIER AS30CTATES, LYNN M. TRPA 'IAHDE ASPHALT INC 10 -27 -4405 DISTRICT INFORNATICN 20 -27 -4405 DISIRICT INECRIvATICN 10 -00 -2606 GENERAL & ALNIINISIRAT'ICN 20 -01 -6052 L U\ID REPAIR TAEBaE BASIN C NIAINER SERVICE 10 -00 -6370 GENERAL & ALNIINISTRATICN 10 -06 -6652 OPERATIONS MICE B TJEE T MICE B r1F RINT' TAB CARAT AREA NEWS TAB PAI?ADTSP,, J T HE PRINTI'INS 20 -29 -8355 10 -29 -8352 20 -02 -4820 20 -38 -4930 10 -39 -4930 20 -39 -4930 10 -37 -4920 20 -37 -4920 20 -01 -4620 ENMEERINTh EMINEERINB PCNPS aEICIvIER SERVICE FINANCE FINANCE INFORNATICN SYSIIIv15 INECEM7TCN SYSIENS L1NID REPAIR 10 -39 -4920 FINANCE Dasariptian CUTIRACTUAL SERVICES ONIRAC:rLAL SERVICES Check Tbtal: TRAi,TTCN MITIGUICN Check Tbtal: PIPE, COVERS, & IsIANEEEES Check Tbtal: REFUSE DISPOSAL BIOE3QLID DISR"1SAL CRISIS Check Tbtal: RE PL 11 0 Check Ck abt al. : WUI=7CD SWALE =RC= Cdr ICE SUPPLIES Check Tbtal: Verxbr Tbtal: ADS/ �T T,, NJITCES ADS ADS /I.EI3AL NIKES PRINIMU DIES, PRINTING Check Tbtal: Check Tbtal: Amount Check # Type 1,225.00 1,225.00 2,450.00 00058716 NW 83,916.25 83,916.25 00058717 NW 2,090.00 2,090.00 00058718 NW 260.00 7,100.00 7,360.00 00058719 MN 28.15 28.15 00058720 NW 34.86 96.53 131.39 00058721 rw 159.54 104.04 222.74 222.74 31.21 31.21 611.94 00058722 WI 58.31 58.31 00058723 Mid 138.94 South Tahce P.U.D. 12 /09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12416/2004 id: CKR� THU, I� 09, 2004, 1:49 FM - -req: 'IHE E -- -leg: GL JL - -lcc: CNSi'1l - -- -jab: 323433 #5000-- - -prcg: 09 <1.0> -- Default F.el ectiai: Check Stock ID: AP ; Check Types: Ma, HW, RV, VH Vendor Nare Account # wit 20 -39 -4920 FINANCE TAME VALLEY ELECTRIC SUPPLY 10 -03 -6041 ELECTRICAL SHOP TURNER & ASSOCIATES INC MSI'IlV LC K AND SAFE U S A 1RT I E BOOK UNTIED RENTALS VWRATICN DUO INC 4AESIERN NEVADX SUPPLY 20 -29 -7048 ENSINEERIN3 10 -37 -4840 20 -37 -4840 20 -38 -6073 10 -38 -6073 10 -04 -6653 INECIMTICN SYSTEMS INECRMTICN SYSTEMS CLER ER SERVICE Q_EILNER SERVICE HEAVY MUNIENANCE 10 -06 -4760 OPERAE[cNS 10 -07 -4760 LABORATORY 20 -07 -4760 LABCRATDRY 10 -03 -6041 ELECTRICAL SDP 20 -01 -6052 10 -04 -6653 10 -04 -6071 20 -02 -6050 10 -02 -6051 UIUID REPAIR HEAVY MINIENANOE PEPS PEPS Description PRINflN3 Creek Tbtal: BUIIDD Check Tbta1: W]RLN, XIEN CN BLVD Check 'Ibta1: DISIRICI' CCMPUIER. SUPPLIES DISTRICT C IvP I R SUPPLIES Check Ibtal: &MALL TOOLS SNAIL TOMS Check Tbtal: BIC %..I s EXIAvTT /EUILDINZ Check 'Ibtal : LAECRATORY SUPPLIES LABCI?AIC,RY SUPPLIES LABCRATIY SUPPLMS Check Total: BJIIDIN.'3S Check Ibtal: PIPE COVERS & SHOP SUPPL�S r DTI REP SIMMONS Check Tbtal: Atrzxmt Check # TYpe 138.93 277.87 00058724 Ma 106.91 106.91 00058725 Ma 5,280.00 5,280.00 00058726 Ma 240.57 85.75 326.32 00058727 Ma 136.16 48.11 184.27 00058728 Ma 677.37 677.37 00058729 Ma 234.19 525.35 547.42 1,306.96 00058730 Ma 305.00 305.00 00058731 Ma 1,494.58 4.63 152.12 60.53 168.28 1,880.14 00058732 Ma South Tahoe P.U.D. 12 /09/04 PAYMENT O F CLAIMS R E P O R T 12/03/2004-12/16/2004 id: CPa 19 lILJ, IM 09, 2004, 1:49 PM - -rsq: THERESA.---leg: C.0L - -loc: CS�1•1E - -- -jab: 323433 #5000--- -prog: 09 <1.07 > -- Default Selection: Check Stock ID: AP ; Check Types: r4q, HH, RV, VH Verrbr Nne Pcotunt # Eepartffent 'Gbh MEDICAL INC ZELINER, LAVE ZYNX ENVIRCTSZHNTMCGY 10 -01 -6075 20 -01 -6075 10 -02 -6075 20 -02 -6075 10 -04 -6075 10 -05 -6075 20 -05 -6075 10 -06 -6075 10 -38 -6075 20 -38 -6075 LIEERGIRCUND REPAIR INEEFUECUND REPAIR IMPS HEAVY MAINIENANCE BIQUIPMENT REPAIR IMVENT REPAIR OQ tRSERVIC E a3STNIER SERVICE 10 -28 -6042 ALPINE C7 NIY 10 -07 -6110 LABCIRAT= 20 -07 -6110 LAM M= YY 20 -29 -8463 ENGINEERING I-iptiaz SAFETY SAFETY SAFETY SASAFEIY SAFETY SAFETY SAFELY PHYSICALS PHYSICALS PHYSICALS PHYSICALS PHYSICALS PHYSIMS PHYSCALS PHYSICS PHYSICALS /PHYSICALS Check Tbtal: SAFETY DX' GUMS & NA Zbtal. SO UP TRKE YELL RECRILL Check Tbtal: Grand Tbtal: Anrunt Check # Type 20.82 20.83 31.56 31.55 21.42 5.92 5.93 170.75 13.71 13.70 336.19 2,000.00 2,000.00 387.00 604.00 90.00 1,081.00 310,157.71 00058733 DV 00058734 NW 00058735 MAEI South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM NO. 14.a TO: Board of Directors FROM: Richard Solbrig /General Manager, Paul Sciuto /Assistant General Manager / Engineer MEETING DATE: December 16, 2004 ITEM — PROJECT: Conference with Legal Counsel — Anticipated Litigation (three cases) REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9(c) of the California Government Code, Closed Session may be held for conference with legal counsel regarding anticipation of litigation. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES kyy,[ NO CATEGORY: South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM 14.b TO: Board of Directors FROM: Jim Hoggatt/Construction Manager /Engineer, Gary Kvistad /Legal Counsel MEETING DATE: December 16, 2004 ITEM — PROJECT: Conference with Legal Counsel — Anticipated Litigation REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9(c) of the California Government Code, Closed Session may be held for a conference with legal counsel regarding anticipated litigation: Pioneer Trail waterline replacement near Filter Plant SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES /14+.1 NO CHIEF FINANCIAL OFFICER: YES 1Rr 'K. NO CATEGORY: Water TO: FROM: South Tahoe Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpud.us BOARD AGENDA ITEM 14.c Board of Directors Richard H. Solbrig /General Manager, Gary Kvistad /Legal Counsel MEETING DATE: December 16, 2004 ITEM — PROJECT: Conference with Legal Counsel — Existing Litigation REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, California; United. States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S -02- 0238 MCE JFM. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES (1 NO CHIEF FINANCIAL OFFICER: YES RrML NO CATEGORY: Sewer TO: FROM: South Tahoe. Public Utility District General Manager Richard H. Solbrig Directors Tom Comte James R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive • South Lake Tahoe • CA 96150 -7401 Phone 530 544 -6474 • Fax 530 541 -0614 • www.stpuc .us BOARD AGENDA ITEM 14.d Board of Directors Richard H. Solbrig, General Manager MEETING DATE: December 16, 2004 ITEM — PROJECT: Conference with Legal Counsel — Existing Litigation REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation: Meyers Landfill Site - United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S -01 -1520 LKK GGH, United States District Court for the Eastern District of California. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO CATEGORY: Sewer