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AP 07-07-05SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, July 7, 2005 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Richard Solbri~, General Mana~er Edc W. Schafer, President BOARD MEMBERS Paul Sciuto, Assistant Manager Duane Wallace, Vice President James R. Jones, Director Mary Lou Mosbacher, Director Tom Comte, Director 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE m 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 m ADOPTION OF CONSENT CALENDAR (Any item can be discussed and considered separately upon request.) 5. CONSENT ITEMS BROUGHT FORWARD FOR ACTION ! DISCUSSION ITEMS FOR BOARD ACTION Request Received from Alpine Fire Safe Council to Relocate Burn Pile to District Property (Hal Bird) REQUESTED BOARD ACTION Deny Request to Relocate Bum Pile REGULAR BOARD MEETING AGENDA - JULY 7, 2005 ' ' PAGE - 2 B-Line Phase 3: Export Pipeline Replacement Project (Paul Sciuto/Richard Solbrig) (1) Approve Assignment of the Construction Contract (Contract) from Cox & Cox Construction (Cox & Cox) to Don Garcia Excavating ahd Paving, Inc., (2)Approve Assignment of Cox & Cox's sub- contracts with Kelley Erosion Control, Inc., R.E. McCollum, Inc., and Ed Cook Tree Service, LLC, to Don Garcia Excavating; and (3) Approve Change Order Nos. 8 and 9 to the Contract, all Contingent upon the Settlement Agreement to be Discussed in Closed Session. Payment of Claims Approve Payment in the Amount of $3,232,554.06 BOARD MEMBER STANDING COMMITTEE REPORTS Executive Committee (Schafer / Wallace) Finance Committee (Wallace / Schafer) Water & Wastewater Operations Committee (Jones / Comte) Planning Committee (Mosbacher / Schafer) BOARD MEMBER AD HOC COMMITTEE REPORTS a. Lukins Water System Ad Hoc Committee (Wallace / Comte) 9. BOARD MEMBER REPORTS '10. EL DORADO COUNTY WATER AGENCY REPRESENTATIVE REPORT 11. GENERAL MANAGER REPORTS a. Meeting with El Dorado County Water Agency Staff b. Future Connections Plan 12. STAFF REPORTS '13. NOTICE OF PAST AND FUTURE MEETINGS I EVENTS Past Meefin.qs I Events 06/21/05 - ECC (Employee Communications Committee) Meeting 06/25/05- Annual Employee Recognition Picnic 06/13/05 - Operations Committee Meeting 06~28~05 - Ed Dorado County Water Purveyors Meeting 07/05/05 - Alpine County Supervisors Regular Meeting in Markleeville 07~05~05 - Operations Committee Meeting at District Office REGULAR BOARD MEETING AGENDA - JULY 7, 2005 ' PAGE - 3 14. Future Meetings I Events 07/09/05 - Death Ride (District sponsored aid station at Pickett's Junction) 07/13/05 - 7:00 p.m. - Lahontan Regional Planning Agency Meeting in Bishop 07/18/05 - 4:00 p.m. - Operations Committee Meeting at District Office 07/19/05 - 9:00 a.m. -Alpine County Supervisors Regular Meeting in Markleeville 07/21/05 - 2:00 p.m. - STPUD Regular Board Meeting at City Council Chambers CLOSED SESSION Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel- Anticipated Litigation (Two Cases) Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, California; et al., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. ClV S-02-0238 MCE JFM Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel- Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant do Pursuant to Government 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. 15. ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16. ADJOURNMENT (To the next regular meeting, July 21, 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 Distdct office dudng the hours of 8:00 a.m. - 5:00 p.m., Monday through Fdday. 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 Headngs will not be called to order pdor 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 matedal 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 6203, at least 24 hours in advance of the meeting. ITEMS CONSENT CALENDAR JULY 7, 2005 REQUESTED ACTION ao Sewer Mainline Camera Replacement (Mike Adams) (1) Waive Bidding Procedures, as Outlined in the Purchasing Policy, for Standardized Equipment Re- quiring Compatibility with Existing Equipment and to be Purchased from the Existing Supplier; and (2) Approve Purchase of a New Sewer Mainline Camera from CUES, Inc., in the Amount of $31,499.66 Bayview Well Controls Building Facility (Ivo Bergsohn) Authorize Staff to Advertise for Bids for Construction of the District's Proposed Well Controls Building Facility at 701 San Francisco Ave- nue, South Lake Tahoe, CA do Sales Tax Revenue Amendment Ordinance (Linda Brown) Purchase of Computers for Fiscal Year (Bill Frye) SpectraLink Wireless Telephone System (Carol Swain/Bill Frye)) Sodium Hypochlorite Storage and Distribution Facility (Jim Hoggatt) Enact Ordinance No. 493-05 Amending Ordinance and Admin- istrative Code Section 2.6.2, to Reflect the Current Local Sales Tax Rate of One and One-Half Percent Authorize Purchase of Budgeted Computers in an Amount not to Exceed $83,000 (including tax) Authorize Purchase of Wireless Phone System from Mitel Comm- unications, Inc., in an Amount not To Exceed $20,000 Approve Change Order No. 2 for K.G. Walters Construction in the Amount of $138,533.30 CONSENT CALENDAR - JULY 7, 2005 g. Lease Agreement for Tahoe Paradise Building B (Rhonda McFarlane) Annual Software Support Costs for Utility Billing Software (Carol Swain) Annual Software Support Costs for Financial/Payroll Software (Carol Swain) Customer Service, Operations and Laboratory Facility (John Thiel) Customer Service, Operations and Laboratory Facility (John Thiel) PAGE- 2 Authorize Execution of Revised Facilities Use Agreement with El Dorado County Search and Rescue (EDCSAR) for 1834 Santa Fe Road, Building B, Tahoe Paradise, CA, Once the Terms are Acceptable to Staff Approve Payment to Spdngbrook Software, Inc., for Software Support in the Amount of $15,458.42 Approve Payment to Sungard Bi- Pg. Tech, Inc., in the Amount of $16,308.87 Approve Authorization Agreement and Payment to Sierra Pacific Power Company for Underground Power on Meadow Crest Drive in the Amount Of $22,884.00. Approve Payment to the City of South Lake Tahoe for Plan Review and Inspections Services in the Amount of $47,376.38 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 South Tahoe Public Utility District General Manager Richard H. 5olbrlg D/rectors Tom Cornt,~ Jarne~ I~ Jones Mary Lou Mosbacher Puane 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 TO: Board of Directors FROM: Mike Adams, U/R Sewer Supervisor MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: Sewer Mainline Camera Replacement REQUESTED BOARD ACTION: (1) Waive bidding procedures, as outlined in the Purchasing Policy, for standardized equipment requiring compatibility with existing equipment and to be purchased from the existing supplier; and (2) Approve purchase of a new sewer mainline camera from CUES, Inc., in the amount of $31,499.66. DISCUSSION: This is an upgrade of the existing CUES camera, which will allow District crews to access and TV mainlines that were not accessible in the past, due to the length of the old camera. The new camera is six-inches shorter, which will allow the camera to be used in reaches of lines that begin in a manhole with a 90 or 45 degree angle. The length of the current camera prohibits the TVing of reaches such as this. The old camera will be kept and maintained as a backup unit. The purchase of this camera was noted and approved for the 2005/06 Budget. SCHEDULE: As soon as possible COSTS: $31,499.66 ACCOUNT NO: 1001-8600 BUDGETED AMOUNT REMAINING: $35,000 ATTACHMENTS: Cues Inc., letter, Sole Brand/Source Sole Justification/Approval Form CONCURRENCE WITH REQUESTED ACTION: CHIEF FINANCIAL OFFICER: YES ~ NO CATEGORY: Sewer 17:49 0000000000 PAGE 02 8t~da~ Of the 1/19/04 Mik= Adam~ South Lake Tahoe P.UD. 1275 Meadowcrest Drive :530.919-7418 Business Cell South Lak~ Tahoe, CA 96150 1843 8, Auguata Ct. Ontario, CA 91761 (DOD) 92~1-2001 I]909) 023-2091 (Fox) (BO0) 544-8695 (WATTS] R~: OZII and Ultra Shortv 21 Sent Via Fax: Revision A: To include removal of 30'-36' Ouote # Dear Mike: Ia pursuance to your request, CUES is pleased to provide pricing on the following items: · Ogl! Pan & Tilt Camera, which includes 40:1 optical / digital zoom, 360 degree rotation, 300 degree optical pan, auto centering, auto focus, auto iris amd focus ~vith manual override, Also included is a ~,t~me dual OZII controller. It will control all CUES optical zoom and pan and tilt came~s. · Ultra Short3' 21 track, transporter for 6" through 24" lines, This unit provides maximuro clearance in a 6" l~e and i~ only 28" lo~g when the optical zoom can~r& i,s installed on the transporter. $ 8,622 (Plus CA Sales * Deliver/Freight Grand Total: $29.252 talus will be in contact with you to discuss this. In the meantime if you have any questions, feel free to conlact me at 40%493-7402, I appreciate your business and look forward to working with you in the future. Sincerely, Tom Rebozo Callfomia Regional Sal¢~ and Service Ivlanager Cc: P. Sleazier, T. Mooney., R. Danos Corporate Office: 3600 Rio Vista Ave,. Orlando FL 32.805 (U.S.A) · Telephone (407) 840-01g0 / (800) 327-7791 · F~x C407) 425-15~9 FEB 07,2005 16:53 0000000000 Page 2 Note: Please do not modify this original form which is located in the public drive. Either print it out or copy the form to a personal work file to use. Answer questions and utilize as much space as required. Sole Brand/Source Sole Justification/Approval Form EXPLANATION: Complete this form when speCifications limit bidding to one brand name (whether or not the item can be purchased from more than one source). The District follows legal requirements to obtain competition whenever possible. Competitive purchases are easy to justify in regards to pdce and also encourage suppliers to remain competitive in pdce and service. At times however, it may be necessary or economically preferable to purchase products or services on a sole brand or sole source basis. Since sole brand/sole source purchasing is an exception to the normal procurement function, it must be objectively justified. Completion of this form should facilitate that process and provide a wdtten record of the basis used in sole procurement decisions. Cdteda that may be considered in determining sole brand includes (but is not limited to): unique features service & support reliability availability operational familiarity part interchangeability programming ease repair ease size limitations The purchase of products or services often requires research of the market and Distdct needs regardless if the purchase will result in a competitive solicitation later. The research is an internal process. Departments are requested to use discretion in their discussion with vendors so as not to compromise any competitive advantage the buyer may have, regardless of the acceptance or rejection of the sole brand/source justification. Staff is also asked to anticipate future needs and research products/services pdor to any substantial investment to avoid being committed to certain products without recognizing and comparing all variables. Supplier Name: Street Address: Ci~lS~te~lP: Con,ct, Phone: General D~cHption of ~m~di~ or Sewice ~u~t~ to be Pumhas~ and i~ ~ncUon: INSTRUCTIONS: Please initial all entdes below that apply to the proposed purchase. Attach additional information or support documentation if needed. More than one entry will apply to all sole source justifications. SOLE BRAND JUSTIFICATION ' ' I I ITEM INITIALS JUSTIFICATION 1 This is the only known product or service that will meet the minimum essential needs of this department or perform the necessary intended function. If this item is initialed, please explain below. Explanation (include the unique performance features of required functions and why they ara necessary): What methods wera utilized to find other sources - be specific (e.g. intemet search engines, sourcing sites, other users, the competition): List the other vendors that wera researched. Detail why their product/service was rajected. 2 , Product or service has been previously standardized (documentation attached). It is not due for ~ review, and it is not interchangeable with a similar product/service from another manufacturer. Comments: ~'X/.~/~/~, 7"/ '7'~ /-~ ~-~ ~ ~,~v~. xa,;~u~<:.,-,~,.~ ~ .~ Staff wishes to add the product or service to the standardization list. If this item is initialed, describe in detail below. Explanation: SOLE SOURCE JUSTIFICATION 4 (Z~ Purchase is to be made from the od~inal man .ufacturer or provider. 5 (~ Purchase must be made through the manufacturer - the manufacturer is the exclusive distributor. 6 Purchase must be made through the only area distributor of the product or only authorized service , provider. , 7 None of the above 6 items apply. A detailed justification for this sole source purchase is provided below: Detailed Justification: Describe what you have done to ensura that the product brand or service costs recommended ara raasonable: Other explanation/justification: (e.g. history of previous like purchases) Suggested review date: [] On the basis of the above, I recommend that competitive procurement be limited and that the product or service indicated be solicited on a sole brand basis. ~On the basis of the above, I recommend that competitive procurament be waived and that the product or service indicated be purchased on a sole brand and sole source basis. I have made a diligent effort to review comparable products or services. I feel confident that the sole brand/sole source purchase is justified and feel confident in explaining the justification to the general public. I also understand that I may be required to provide a detailed cost analysis/estimate since price raasonablenees may not be established through the competitive process. EMPLOYEE NAME & DEPARTMENT AUTHORIZED SIGNATURE ' DATE MANAGER NAME (if differant) ,AUTH~)RIZED SI?/NATURE DATE Based on the above statements and justification, I hereby agree with the purchase of this product or service on a sole brandlsoure~ basis. PURCHASING AGENT SIGNATURE I DATE Other approvals may I~ r~luimd up ~o and including Board of Dir~-~or approval. South Tahoe Public Utility District General Manager Richard H. Solbrig DirecTors Torn Cornt~ Jam~ I~ Jon~ Mary Lou Mo~bach~r Puane 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 TO: Board of Directors FROM: Ivo Bergsohn, Hydro-Geologist MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: Bayview Well Controls Building Facility REQUESTED BOARD ACTION: Authorize staff to advertise for bids for construction of the District's proposed Well Controls Building Facility at 701 San Francisco Avenue, South Lake Tahoe, CA DISCUSSION: In October 2004, the District completed the exploratory drilling, con- struction and testing of the Bayview Test Well, Production testing showed the well capable of producing 3,500 gallons per minute (gpm) of high quality water with 78 feet of drawdown. Water quality sampling showed that groundwater produced from this well met all California Department of Health Services drinking water standards. The pro- posed facility will be used to equip and convert the test well to a new 3,200 gpm municipal drinking water supply well and house all mechanical and electrical controls and disinfectant equipment required for the operation of this new drinking water source. The project is scheduled for construction from September 6, 2005 through, June 15, 2006. Staff proposes the following schedule for this project: Advertise for bids starting Mandatory pre-bid Bid Opening Board Award Contract Notice to Proceed Complete Construction July 26, 2005 August 9, 2005 August 16, 2005 August 18, 2005 September 6, 2005 June 15, 2006 SCHEDULE: (as above) COSTS: ACCOUNT NO: 2029-8574/BAYWEL BUDGETED AMOUNT REMAINING: $999,377 ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES ~ NO NO CATEGORY: Water South Tahoe Public Utility District General Manager Richard H. 5olbrig Ol'rectzors Tom Cornt~ Jams~ I~ Jones Mary Lou Mo~bacher Duane Wallace Eric ~chafer 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: Linda Brown, Purchasing Agent MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: Sales Tax Rate Amendment Ordinance REQUESTED BOARD ACTION' Enact Ordinance No. 493-05 amending Ordinance No. 429 and Administrative Code Section 2.6.2, to reflect the current local sales tax rate of one and one-half percent. DISCUSSION: It is current District policy to provide a one percent (1%) preference for bidders of personal property, when local sales tax revenue will be generated for the benefit of District customers. The local sales tax rate changed in April 2005 to one and one-half percent (1 ¼%), and staff recommends changing the Ordinance and Administrative Code to reflect the change. SCHEDULE: Thirty days after adoption COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: Ordinances No. 493-05 and 429, Administrative Code Section No. 2.6.2 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~J~L,~ NO CHIEF FINANCIAL OFFICER: YES ~ NO CATEGORY: General ORDINANCE NO. 429 'AN ORDINANCE OF SOUTH TAHOE PUBLIC UTILITY DISTRICT ! PROViDiNG FOR- DETERMiNATiON OF THE LOWEST RESPONSIBLE BIDDER AND REPEAL OF ORDINANCE NO. 380 3 The'.'B0ard of Direc"tor~s of SOUTH TAHOE PUBLIC UTILITY 4 DISTRICT finds: 5 Where items contracted for by bid consist entirely of 6 personal property, the additional cost to the DISTRICT'S 7 customer for such personal property is at least one percent (1%) 8 of the bid if the bidder does not have a fixed place of business 9 within the DISTRICT boundaries for local sales tax revenue for l0 such personal property. l] THEREFORE, BE IT ENACTED by the Board of Directors of 12 SOUTH TAHOE PUBLIC UTILITY DISTRICT as follows: 13 1) In accordance with Sections 20202.1 et seq Californ 14 Public Contract Code, contracts to furnish personal property to ]5 the DISTRICT shall be awarded to the lowest responsible bidder. 16 2) Where personal property to be supplied to the 17 DISTRICT will provide local sales tax revenue for the benefit of 18 DISTRICT'S customers, one percent (1%) of the bid shall be ]9 deducted from the bid of those bidders having a fixed place of. 20 business within the DISTRICT boundaries for those items of 2] personal property bid, for the sole purpose of determining the 2211 l°west respon~ible bidder. 23 3) This Ordinance supersedes any Ordinance, Resolution, 24 25 26 Rule, or Regulation heretofore adopted by the DISTRICT in deter- mining the loweSt responsible bidder for personal property. DISTRICT Ordinance No. 380 is hereby repealed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2~ 25 26 27 28 ORDINANCE NO. 429 PAGE- 2 PASSED. AND ADOPTED by the Board of Directors of South Tahoe-Publ±c Utility District this 6th day of September, 1990 by th~ f0~l~owing vote:~I' J.i. AYES: NOES: ABSTAINED: Director Mason, Sinclair, Onysko, Pierini None None ABSENT: Director Walker ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT Understanding entered into by and between the District and the Management Stagofthe District. Section 2.5 Duties of Treasurer Performed by Coun .ty Treasurer. 2.5.1 Duties oJrthe Treasurer. The duties of the Treasurer of the District shall be performed by the General Manager or his/her designee. Duties of the Treasurer, other than designated by statute, shall be provided for in the Board Policy Manual. 2.5.2 Assistant Treasurer. There shall be provided the office of Assistant Treasurer, which said office shall be combined with the office of Chief Financial Officer of the District. The duties of the Assistant Treasurer shall be provided for in the Board Policy Manual. Section 2.6 Determination of Lowest, Responsive, Responsible Bidder. .;".".".]'.".".'..... 2.6.1 PersonalPropertF_. In accordance with Sections 20202.1 etseqoftheCalifornia ;'~[;]~.~ljc~.__..-'; Contract Code, contracts to furnish personal property to the District shall be awarded to '. "'i"]:i"._".]"."..~' to west responsive, responsible bidder. ·" ", :........;" ;' '.;;' '.....~ 2.6.2 Local__ .... Sales Tax Revenue,,.. Where personal property to be supplied to the District · :".'. '.".;.'. ~vill provide local sales tax revenue for the benefit of District's customers, one percent (1%) of the bid shall be deducted from the bid of those bidders having a fixed place of business within the District boundaries for those items of personal property bid, for the sole purpose of determining the lowest responsive, responsible bidder. Section 2.7 Regulation of Annexation of Territory,. 2.7.1 Purpose. The purpose of this Section shall be to provide for the payment of a determinable amount of money, either as a lump sum or in installments, as an annexation fee, for the acquisition, transfer use or right of use of all or any part of the existing property, real or personal of the District by the territory hereinafter annexed to the District, and to provide for the terms and conditions of any such annexations. 2.7.2 Annexation Fee. Annexation fees will be determined on an individual basis and will reflect such considerations as the assessed valuation of the area to be annexed, existing sewerage facilities, if any, extent of future sewerage facility needs, the number of developed properties within the area of proposed annexation, contractual relationships between the area to be annexed and the District, if any, and shall include, but are not limited to, engineering costs, administrative costs, and incidental costs of said annexation. 2.7.3 Annexation Terms and Conditions. The annexation of territory shall be made subject to the policy and guidelines of the E1 Dorado Local Agency Formation Commission 2-20 ORDINANCE NO. 493-05 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT PROVIDING FOR DETERMINATION OF THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER; AMENDING ORDINANCE NO. 429 AND AMENDING ADMNISTRATIVE CODE SECTION NO. 2.6.2 TITLED LOCAL SALES TAX REVENUE The Board of Directors of the South Tahoe Public Utility District finds: Ordinance No. 429, which allows for a local tax adjustment is based upon a local sales tax revenue rate of one percent (1%); and (2) The local sales tax rate has changed to one and one-half percent (1¼%). THEREFORE, be it enacted by the Board of Directors of the South Tahoe Public Utility District as follows: Any reference to a percentage in the previous Ordinance No. 429 and the Administrative Code Section No. 2.6.2, is changed to one an~d one-half percent (1¼%). PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 7th day of July, 2005, by the following vote: AYES: NOES: ABSENT: Eric W. Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District General Manager F. ichard H. 9olbnlg Tom Coml~ James I~ Jones Mary Lou Mosbacher Erie ~ehaf~r 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: Bill Frye, PC/Network Systems Administrator MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: Purchase of Computers for Fiscal Year 2005-2006 REQUESTED BOARD ACTION: Authorize purchase of budgeted computers in an amount not to exceed $83,000 (including tax). DISCUSSION: Computers will be purchased from a vendor using the Western States Contracting Alliance (WSCA) contract. The California Department of General Services (DGS), as well as 14 other western states, participates in the WSCA. The WSCA establishes cooperative multi-state contracts in order to achieve cost effective and efficient acquisition of quality products and services. Staff finds this contract to be very competitive as compared to other government association contracts. Staff is seeking authorization to purchase currently budgeted computer systems (see attached list). Purchases will be made one or two computers at a time, and subsequent purchases made as previously purchased systems are installed. SCHEDULE: July 2005 through June 2006 COSTS: Not to exceed $ 83,000 ACCOUNT NO: Various, see attached list BUDGETED AMOUNT REMAINING: $ 83,000 ATTACHMENTS: Budgeted account numbers and amounts with description CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES ~~ NO CATEGORY: Sewer & Water 2005-2006 Computer Purchases DEPT DEPARTMENT CODE Non-capital purchases Under Repair 01 Pumps/Water Ops 02 Operations 06 Lab 07 Admin 21 HR 22 DIO 27 Engineering 29 Information Systems 37 Customer Service 38 Customer Service 38 Finance/Accounting 39 Purchasing 39 Total BUDGET QTY AMOUNT 2 $3,400 1 $1,700 2 $3,400 3 $5,100 2 $3,40O 1 $1 70O 1 $1,700 1 $1700 2 $3 400 1 $1700 1 $1 700 2 $3 400 1 $1 700 20 $34 000 Capital purchases Underground Repair 01 Water Operations 02 Electrical 03 Engineering 29 Customer Service 38 Finance/Accounting 38 Backup DR server 37 LaserFiche Server 37 Domain Controller 37 Capital Total 3 $7 500 1 $2 5OO 1 $2 500 1 $4 50O 1 $2 500 1 $2 500 1 $11 ooo 1 $11 ooo 1 $5 ooo 11 $49 ooo Grand Total 31 $83,000 South Tahoe Public Utility District General Manager Richard H. SolbHg Tom Comte Jame~ I~ Jonee Ma~y Lou Mosbacher Duans Wallace Eric .~chafer 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: Carol Swain, Information Systems Manager Bill Frye, PC/Network Systems Administrator MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: SpectraLink Wireless Telephone System REQUESTED BOARD ACTION: Authorized purchased of wireless telephone system from Mitel Communications, Inc., in an amount not to exceed $20,000. DISCUSSION: In order to promote safety for the Operators, especially those working night shift, having a wireless phone system would enable them to always be in contact with each other, and to be able to answer and make calls without having to interrupt their plant duties. This will also enable them to pick up messages from the new SCADA alarm system, thereby quickly determining the level of an emergency. Our current phone system vendor has recommended the SpectraLink system as being highly reliable and compatible with the Mitel phone system currently in use. Staff requests that the Board approve purchase of the SpecktraLink system, which includes a controller, three base stations and five phone sets in an amount not to exceed $20,000. SCHEDULE: Implementation July 2005 COSTS: Not to exceed $20,000 ACCOUNT NO: 1029-8668 BUDGETED AMOUNT REMAINING: $400,000 ATTACHMENTS: SpectraLink specifications and system information CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~ L~/-~ .~' _ FINANCIAL OFFICER: YES'~ CHIEF NO NO CATEGORY: Water & Sewer SpectraL nK BRINGING MOBILITY TO WORKPLACE COMMUNICATIONS · Seamless integration with the best-selling digital telephone systems · Unified. scalable architecture grows with your business · Advanced digital radio technology providing consistent, high-quality communications · Durable, lightweight Wireless Telephones specifically designed for the workplace · Unlicensed operation, eliminating airtime, usage and recurring charges · Text messaging interface, allowing users to receive and retrieve information THE LINK WIRELESS TELEPHONE SYSTEM The Link Wireless Telephone SystemTM (Link WTS) is the most advanced workplace wireless telephone system available. It is SpectraLink's fourth generation system and the result of our ongoing commitment to meeting the unique requirements of mobile communications in the workplace. The Link WTS combines digital radio technology and the highest possible level of integration with enterprise telephone switching and networking systems to provide optimal voice quality consistently throughout any size and type of facility. The Link WTS requires minimal training, maintenance and administration. The six-ounce Wireless Telephones are extremely simple to use and durable enough to withstand the rigors of the workplace. The integration capabilities, superior radio performance and scalable architecture of the Link ',XrFS make it the most feature-rich, yet cost-effective, system available. WIRELESS TELEPHONES The Link Wireless Telephone is the industry's most durable handset for workplace applications. Only SpectraLink combines innovative design with advanced manufacturing and test processes to assure handset durability. The monolithic design has no moving parts or external antennae, so there is nothing to break or come loose, and it can be operated with only one hand. Link Wireless Telephones seamlessly integrate with the host telephone system to provide advanced calling features throughout the workplace. MASTER CONTROL UNIT The Master Control Unit (MCU) is a modular unit that connects the host telephone switch to the Link WTS using digital or analog line interfaces. SpectraLink's exclusive LinkPlusTM digital interface technology emulates proprietary digital telephone sets, making advanced switch features such as multiple-line appearances and display features available to Wireless Telephone users. For campus facilities, the Link WTS can be networked using standard TI circuits allowing users to roam throughout multiple buildings. BASE STATIONS Base Stations are fixed transceivers that provide radio coverage throughout the workplace. They are small and lightweight, and can be installed inconspicuously in a variety of locations. SpectraLink's superior radio performance eliminates "dead spots" -- areas with poor coverage -- by providing generous overlap between Base Station coverage areas. The Link WWS is the only wireless system that supports high-density environments with Base Stations that can be placed within a concentrated area. SPECTRALINK - PUTTING WIRELESS TO WORK SpectraLink helps thousands of commercial enterprises improve productivity, responsiveness and customer service. SpectraLink's telephony integration capabilities, scalable architecture, excellent voice quality and durable handsets make Link ~S the right choice for enterprise wireless communication. www.spectraiink,com WIRELESS TELEPHONE Radio frequency: FCC certification: Transmit power: Transmission type: Dimensions: Weight: Display: Keypad: Ringing Modes: Battery capacity: MASTER CONTROL UNIT System capacity: Area coverage: PBX interface: Power: Base Station interface: Cable type: Cable length: Dimensions: Weight: Administration: Special configurations: 902 - 928 MHz Part 15.247 100 mW peak, 12.5 mW average frequency hopping spread spectrum 5.9" L x 2.2" W x 1.0" D 05 cm L x 5.5 crn W x 2.5 cm D) 6.0 ounces (170 grams) 2 x 16 character alphanumeric, plus line and status indicators. Backlit display option available Standard or Bac -klit Keypad Option 5 user-selectable ringing, combining the stanaarcl, quiet and vibrating ringers. 4 hrs. talk, 80 hrs. standby LINK 3000 3,200 Wireless Telephones 1,000 Base Stations 1,600 simultaneous calls up to 100 million sq. feet, (9.3 million sq. meters) depending on environment RJ-21 25-pair connector -48 VDC high-speed digital 22/24 AWG, 2-pair 6,000 feet, maximum (1829 meters) 9.0" D x 19.0" W x 15.0" H (23 cm D x 48 cm W x 38 cm H) (single shelf) 33 lbs., maximum (15kg) (single shelf) IBM-compatible PC High-density environments Multi-site networking BASE STATION Radio frequency: FCC certification: Transmit power: Transmission type: Dimensions: Weight: Mounting: Channelization: Cable connection: Operating temperature: Standard: Outdoor: 902 - 928 MHz Part 15.247 100 mW peak, 50 mW average frequency hopping spread spectrum 8.8" L x 5.4" W x 1.5" H (22cm L x 14cra W x 3.8cm H) 1.5 lbs. (0.68Kg) ceiling or wall mount four TDMA channels RJ-45 8-pin modular 32° to 104° F (0° to 40° C) -4° to 122° F (-20° to 50° C) LINK 150 64 Wireless Telephones 16 Base Stations 32 simultaneous calls up to 1,500,000 sq. feet, (139,000 million sq. meters) depending on environment RJ-21 25-pair connector 120 VAC high-speed digital 22/24 AWG, 2-pair minimum 2,200 feet, maximum (670 meters) 7.0" D x 3.0" W x 13.0" H (18 cm D x 7.6 cm W x 33 cm H) (single MCU) 5 lbs., maximum (2.3kg) front panel PBX An~ or Control: unit Link Telephones Specifications subject to change without notice, © Copyright 2005 SpeutraLfnk Corporation. All rights reserved. SpectraLink is o registered trademark in the US and other countries. The SpectraLink logo and NetLInk are trademarks of SpectraLtnk Corporation. SpectraLih'K info@spectralink.com · 800 676 5465 Soft,h, Tahoe Public Utility District General Manager Richard H. DiFecEof'$ Torn Cornt~ Jarne~ I~. Jon~s Mary Lou Mosbach~r Puan~ Wallace Eric Schaf~r 1275 Meadow Crest Drive · South Lake Tahoe · CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDAITEM NO. 4.f TO: Board of Directors FROM: Jim Hoggatt, Engineering Department Manager MEETING DATE: July 7, 2005 ITEM - PROJECT NAME' Sodium Hypochlorite Storage and Distribution Facility REQUESTED BOARD ACTION: Approve Change Order No. 2 for to K.G. Walters, Construction in the amount of $138,533.30. DISCUSSION: The itemized parts of Change Order No. 2 are as follows: Part A, in the amount of $126,934.00, is for changing the plan quantities to final quantities for the unit price project. Part B, in the credit amount of <$15,189.38>, is to delete a Part A of Change Order No.1 to correct a few final quantities. The correct final quantities are included in Part A. Part C, in the amount of $4780.70, is for providing traffic control on Highway 50 so the contractor could pot hole the existing 14-inch HDPE waterline for the Wildwood sewer line design. Part D, in the amount of $1,403.51, is for providing and installing a one-half inch expansion joint between the shotcrete and retaining wall. Part E, in the amount of $2,799.06, is for the delays and hand digging the contractor was required to do to install the new underground piping due to unmarked existing utilities. Part F, in the amount of $1,037.65, is for the extra work and dust control staff requested the contractor to do in the storage area at the plant. Part G, in the amount of $6,690.15, is for the painting of the piping and wall in the sodium hypochlorite conversion building that was not covered by specifications. Parts H, I and J, in the amount $10,077.61, is for extra electrical lines, heat tape and insulation. Staff recommends the Board approve Change Order No. 2 in the amount of $138,533.30. SCHEDULE: As soon as possible COSTS: $138,533.30 ACCOUNT NO: 1029-7040/BLEACH BUDGETED AMOUNT REMAINING: None ATTACHMENTS: Change Order No. 2 CONCURRENCE WITH REQUESTED~,~I: GENERAL MANAGER: YES CHIEFFINANCIAL OFFICER: YES NO NO CATEGORY: Sewer CHANGE ORDER NUMBER 2. Project.__SODIUM HYPOCHLORITE STORAGE & DISTRIBUTION FACILITY' Contractor KG WALTERS CONSTRUCTION Date July 7, 2005 PO # P15237 The Contract Shall Be Changed As Follows: A) Adjust Plan bid items to final bid items as described below: 1) Bid Item No. 3: Excavation and over-excavation. Increase bid item from bid amount of 1,200 cubic yards (CY) to a final quantity of 1,575 CY. (375 CY x $60/CY) TOTAL FOR ITEM 1 IS $22,500.00 2) Bid Item No. 5A: Structural Backfill. Increase bid item from bid amount of 1,435 CY to a final quantity of 1,812 CY. (377 CY x $20/CY). 'TOTAL FOR ITEM 2 IS $7,540.00 3) Bid item no. 5B: Class A concrete. Increase bid item from bid amount of 340 CY to a final quantity of 405 CY. (65 CY x $700/CY). TOTAL FOR ITEM 3 IS $45,500.00 ; Dollar AmOunts Contract Time Original Contract $1,185,611.00 Previous Change Order $ 30,677.21 Current Contract $1,216,288.21 THIS CHANGE ORDER $ 138,533.30 New Contract Total $1,354,821.51 This Change Order constitutes full and mutual accord and satisfaction for all time and all costs related to this change. By acceptance of this Change Order the contractor agrees that the Change Order represents an equitable adjustment to the contract price and time, and further agrees to waive all right to file a claim arising out of or as a result of this change. Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By Date: 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) Bid item no. 6: Placement of shotcrete. Increase bid item from bid amount of 50 CY to a final quantity of 63 CY. (13 CY x $380/CY). TOTAL FOR ITEM 4 IS $4,940.00 Bid item no. 9A.1: 3" PVC carrier pipe. Increase bid item from bid amount of 650 Lineal Feet (LF) to a final quantity of 962 LF. (312 LF x $29/LF) TOTAL FOR ITEM 5 IS $9,048.00 Bid item no. 9A.2: 3" coiled HDPE feed pipe. Decrease bid item from bid amount of 200 LF to a final quantity of 195 LF (5 LF x $39/LF). TOTAL FOR ITEM 6 IS <$195.00> Bid item 9A.3: 2" PVC spare conduit. Decrease bid item from bid amount of 500 LF to a final quantity of 403 LF. (97 LF x $10/LF). TOTAL FOR ITEM 7 IS <$970.00> Bid item 9A.4: 2" PVC. Increase bid item from 150 LF to a final quantity of 331 LF. (181 LF x $26/LF). TOTAL FOR ITEM 8 IS $4,706.00 Bid item 9A.5: W' PVC. Increase bid item from bid amount of 125 LF to a final quantity of 354 LF. (229 LF x $17/LF). TOTAL FOR ITEM 9 IS $3,893.00 Bid item 9B: %" coiled HDPE. Decrease bid item from bid amount of 500 LF to a final quantity of 450 LF. (50 LF x $13/LF) TOTAL FOR ITEM 10 IS <$650.00> Bid item 16A: each to a final TOTAL %" bleach valves. Increase bid item from bid amount of 12 quantity of 23 each. (11 each x $75/ea.) FOR ITEM 11 IS $825.00 Bid item 16B: each to a final TOTAL 2" bleach valves. Decrease bid item from bid amount of 17 quantity of 12 each. (5 ea. X $125/ea.) FOR ITEM 12 IS <$625.00> Bid item 16C. each to a final TOTAL 3" bleach valves. Increase bid item from bid amount of 1 quantity of 9 each. (8 ea. X $300/ea.) FOR ITEM 13 IS $2,400.00 Bid item 16D: 6" resilient seat grate valve. Decrease bid item from bid amount of 2 each to a final quantity of 1 each. (1 ea. x $660/ea.) TOTAL FOR ITEM 14 IS <$660.00> 2 15) Bid item 16E: ¼" ball check valves. Decrease bid item from bid amount of 2 each to a final quantity of 0 each. (2 ea. X $80/ea.) TOTAL FOR ITEM 15 IS <$160.00> 16) Bid item 16F. ¼" pressure relief valves. Increase bid item from bid amount of 5 each to a final quantity of 6 each. (1 each x $290/ea). TOTAL FOR ITEM 16 IS $290.00 17) Bid item 16G. ¼" pressure sustaining valve. Decrease bid item from bid amount of 3 each to a final quantity of 0 each. (3 each x $400/ea.) TOTAL FOR ITEM 17 IS <$1,200.00> 18) Bid item 17. Purchase and install heat tape and insulation. Increase bid item from bid amount of 150 LF to a final quantity of 384 LF. (234 LF x $83/LF). TOTAL FOR ITEM 18 IS $19,422.00 19) Bid item 18: 6" Class II AB and 3" AC pavement. Increase bid item from bid amount of 3,000 SF to a final quantity of 4,000 SF. (1,000 SF x $9/SF). TOTAL FOR ITEM 19 IS $9,000.00 20) Bid item 20: Purchase and install electrical conduit. Increase bid item from bid amount of 200 LF to a final quantity of 235 LF. (35 LF x $38/LF). TOTAL FOR ITEM 20 IS $1,330.00. TOTAL FOR ITEM A IS THE SUM OF I THROUGH 20: $126,934.00. B) Due to duplication and corrections Delete Item A on Change Order Number 1 for <$15,189.38>. TOTAL FOR ITEM B IS <$15,189.38> C) Provide traffic control for potholing and locating the existing water main on Highway 50 for a lump sum not to exceed $4,780.70. See attachment C, PCO 105, for breakdown of all cost. TOTAL FOR ITEM C IS $4,780.70 D) Provide and install % inch expansion joint material between shotcrete and retaining wall as directed in the field for a lump sum amount of $1,403.51. See attachment D, PCO 103, for breakdown of all cost. TOTAL FOR ITEM D IS $1,403.51 E) Delays caused by conflicts with existing underground utilities when installing the new underground piping for a lump sum amount of $2,799.06. See attachment E, PCO 101, for a breakdown of all cost. TOTAL FOR ITEM E IS $2,799,06 F) Work performed on time and material for dust control and clean up of stock pile area at the request of District Staff for lump sum amount of $1,037.65. See attachment F, PCO 102, for a breakdown of all cost. TOTAL FOR ITEM F IS $1,037.65 G) Painting interior and exterior piping systems and electrical and pump rooms walls for a lump sum amount of $6,690.15. See attachment G, PCO 019, for a breakdown of all cost. TOTAL FOR ITEM G IS $6,690.15 H) Additional electrical lines for transfer pump and hot water heater for a lump sum amount of $1,080.89. See attachment H, PCO 111, for a breakdown of all cost. TOTAL FOR ITEM H IS $1,080.89 i) Provide and install additional heat trace and insulation required for the Eye Wash system for a lump sum amount of $8,809.22. See attachment I, PCO 018, for a breakdown of all cost. TOTAL FOR ITEM I IS $8,809.22 J) Provide electrical feed line for chemical feed pump leak detector relays for a lump sum amount of $187.50. See Attachment J, PCO 113, for a breakdown of all cost. TOTAL FOR ITEM J IS $187.50 TOTAL FOR CHANGE ORDER NUMBER 2 IS A+B+C+D+E+F+G+H+I+J = $1387533.30 4 South Tahoe Public Utility District General Manager · Rickard H. 5olbrig D~-ec~cors Tom Comte Jame~ I~ Jone~ Mary Lou Mo~bacher Duane Wallac~ EHc 9chafer 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150-7401 Phone 530 54d-6474, Fax 530 541-0614, www. stpud.us BOARD AGENDA ITEM NO. 4.~ TO: Board of Directors FROM: Rhonda McFarlane, Chief Financial Officer MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: Lease Agreement for Tahoe Paradise Building B REQUESTED BOARD ACTION: Authorize execution of revised Facilities Use Agreement with El Dorado County Search and Rescue (EDCSAR) for 1834 Santa Fe Road, Building B, Tahoe Paradise, CA once the terms are acceptable to staff. DISCUSSION: On June 2, 2005, the Board authorized the execution of Lease Agreement with EDCSAR for 1834 Santa Fe Road, Building B, Tahoe Paradise, CA. The County is proposing an alternative agreement, known as their Facilities Use Agreement. Once the new agreement is received staff will review the agreement to be sure it covers terms similar to the original agreement. The agreement is to allow the EDCSAR to use the building for their headquarters. EDCSAR will maintain the building, pay all utility charges, provide insurance, and be responsible for their own snow removal. The facility is currently surplus and not in use by the District. SCHEDULE: The Facilities Use Agreement will begin July 8 or as soon as the agreement is executed by both parties. COSTS: None ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~"~_ .~ NO CHIEF FINANCIAL OFFICER: YES ~ NO CATEGORY: Water South Tahoe Public Utility District General Manager FJchard H. Sol,,rig O/cec~of-$ Tom Corn'r~ James I~. Jon¢¢ Ma~ Lou Moebach¢r Puane Wallace Eric 5chaf~r 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. h TO: Board of Directors FROM: Carol Swain, Information Systems Manager. MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: Annual Software Support Costs for Utility Billing Software REQUESTED BOARD ACTION' Approve payment to Springbrook Software, Inc., for software support in the amount of $15,458.34. DISCUSSION: The District's annual software support costs for the Utility Billing software application and its peripheral components is twenty percent (20%) of the original software purchase price, plus a three percent (3%) CPI factor added each year. The result of this formula is $15,458.34 for the fiscal year of July 1,2005 - June 30, 2006. These services are needed for daily phone support to resolve issues and for minor updates to fix any problems that maybe encountered. Staff recommends the Board approve renewal of the support contract with Springbrook Software, Inc., for the upcoming fiscal year 2005-06. SCHEDULE: July 1, 2005 - June 30, 2006 COSTS: $15,458.34 ACCOUNT NO: 1037-6030, 2037-6030 BUDGETED AMOUNT REMAINING: $61,124 ATTACHMENTS: Maintenance Contract, Invoice copies CONCURRENCE WITH REQUESTED ACTION: GE,E,A',,^,^GER: YES £#./ ,O CHIEF FINANCIAL OFFICER: YES .~,¢y~. NO CATEGORY: Sewer & Water 8PRINGBROOK SOFTWARE I I I SW Fi~ Avc~u¢ Suite 2900 Portland, OR ~)7204 04/11/2005 OOO2919 Soulh Tahoe PUD 1275 Meadow, Crest D~ve South Tahoe, CA 96150 07/01/2005 Annual SoFaeare Maintenance: 711/05 -6/30/06: 3% CPI Increase Cuslom: ~ Satanent Bi-Teat ~nce BIS Mainl~mance Repe~t W~il~r ~ Pmgn~s .~.~-.~eaance: 5 User 450.24 225.00 300.00 1 .(120.00 510.00 2-244.00 612-00 250.00 612.00 687.50 450.24 225.00 300.00 1,020.00 510.00 2,244.00 612.00 250.00 612.00 8~47o60 687.50 Pt. EASE DETACH BOTI'OM PORTION & REMIT WITH YOUR PAYMENT For queslions please (xmlact us at (503)820-2200 Customer Name: South Tahoe PUD Customer No: 002221 Account No: 07/01/2005 0002919 SPRINGBR(X)K SOF3WAR~ INC 111 SW FIFTH AVENUE STE 2900 PORTLAND, OR 97204- TOTAL AMOUNT DUE: $15,458,34 AMOUNT PAID: , 8PRiNGB K SOFTWARE SPRINGBROOK SOFTWARE SOFTWARE MAINTENANCE AGREEMENT PARTIES: SPRINGBROOK: Springbrook Soi~vare, Inc., an Oregon corporation 720 S.W. Washington Street, Suite 330 Portland, OR 97205 Pr. (503) 973-7750 Fax (503) 973-7760 Email: info~springbrookso f~are.com CUSTOMER: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 530-544-6474 EFFECTIVE DATE: Springbrook has licensed its proprietary software products and programs ("Software") to the Customer, and Customer wishes to have Springbrook maintain and support the use of the Software. Springbrook and Customer therefore agree as follows: 1. Definitions. "Software" has that meaning assigned to it pursuant to the Software License Agreement executed by the parties in conjunction with this Agreement (the "License Agreement"). "Enhancement" means any modification or addition that, when made or added to the Software, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Springbrook may designate Enhancements as minor or major, depending on its assessment of their value and of the function added to the Sofl.wvare. c. "Error" means any failure of the Software to conform in any material respect to its published specifications. d. "Error Correction" means either a modification or addition that, when made or added to the Sol, are, brings the SofNvare into material conformity with its published specifications, or a procedure or routine that, when observed in the regular operation of the Software, avoids the practical adverse effect of such nonconformity. "Major Enhancement" means either the total rewrite of an application and/or additional functionality benefiting only certain entities, not all customers as a whole, and requiring these enhancements to be packaged as a separate Module. f. "Releases" means new versions of the Software, which may include Error Corrections and/or Enhancements. g. "Temporary Fix" means an initial correction or "fix" to a problem in the sofhvare prior to the release of an error correction. Term~ Automatic Renewal~ Termination. The initial term of this Agreement shall be from the Effective Date to the end of Customer's fiscal year, subject to renewal thereafter. During this Agreement's first term, Customer shall pay for maintenance for each module licensed pro rata as determined by the number of months from one month following start of first training session to the end of Customer's fiscal year. Springbrook shall bill and Customer shall pay for maintenance provided under this Agreement on an annual basis, payment due as of the start of each maintenance term. This Agreement shall automatically renew after the initial term for subsequent terms of one (1) year each unless and until either party gives the other no less than thirty (30) days' written notice of termination in advance of the termination of the then- current term. This Agreement shall terminate upon Customer's failure to pay any fees due hereunder when due, or to pay any fees owing to Springbrook pursuant to any License Agreement or Service Agreement between the parties, or pursuant to any other term of this Agreement, after 30 days' prior written notice to Customer from Springbrook. Should Customer cancel this Agreement and wish to renew at a later date, back maintenance must be paid in full or applications re-purchased. Scope of Maintenance. During the term of this Agreement, Springbrook agrees to provide Basic Maintenance services in support of the Software. Basic maintenance services shall consist of: ae Error Correction. Springbrook will use all reasonable diligence to correct verifiable and reproducible Errors within a reasonable time period after reported to Springbrook. The Error Correction, when completed, may be provided in the form of a "temporary fix," consisting of sufficient programming and operating instructions to implement the Error Correction. b. Telephone/Modem Support. Springbrook shall maintain a telephone and modem support line, or DSL Internet connection, or T1 connection to the l_ntemet during normal business hours (6AM to 5 PM PacificTime) that permits Customer to report Errors in the Software and to receive assistance in cases of operator error. Customer agrees to provide and maintain a modem, or DSL Intemet connection, or T1 Internet connection, PC Anywhere, and dedicated modem line on Customer's NT server and allow Springbrook to maintain and support Springbrook's application sof~ware via one of the above stated options with full administrative permissions to the drive where the application resides. NOTE: In order to serve you properly, Springbrook must require that the modem be located physically in the server, not in a workstation on your network. Springbrook reserves the right to bill hourly (following Customers approval) for maintenance in cases of repeated operator error, where a single operator error results in extensive Springbrook time to resolve the problem. Any South Tahoe Public Utility District information that Springbrook obtains through Internet connection is considered confidential. Changes in State and Federal Regulations. Springbrook will provide updates needed to conform to state and federal regulations, including changes to tax tables and routine forms before changes become effective. Maintenance services under this Agreement do not include updates to conform to any changes in local governmental regulations, including without limitation changes in utility billing rates, reports or methods. de Routine Releases. Springbrook may, from time to time, issue routine Releases of the Sol, are, containing Error Corrections and minor Enhancements to customers who have maintenance agreements in effect. Installation of routine releases is provided at no charge to customer if completed over the modem. Installation of routine releases and updates by Springbrook at Customer's site will be billed to Customer at the then current hourly rate except in cases where Springbrook is solely responsible for the inability to provide modem support. Discounts on Major Enhancement Releases. Springbrook may, from time to time, offer major Enhancements to Customer, generally for an additional charge. To the extent Springbrook offers such Enhancements, it shall permit Customer to obtain one copy of each major Enhancement for each copy of the Software being maintained under this Agreement at the discount then specified by Springbrook. 4. Exceptions. The following matters are not covered by Basic Maintenance, and are outside the scope of services provided pursuant to this Agreement: a. On-site support by employees or agents of Springbrook; b. Training users in the proper operation of the Sof~ware; c. Any problem resulting from Customer's misuse, improper use, alteration, or damage of the Software, unless approved by Springbrook in writing; i;'?;~ 3 e Support of operating systems; support of non-Springbrook software, including but not limited to spreadsheets, word processors, and general office software; e. Installation, implementation, data conversion and Implementation Management Services. f. Training and consulting required on an individual Customer basis for upgrades. g. Set up and assistance with test databases. h. Set up, support for and maintenance of additional production databases. Cooperation of Customer. Customer agrees to notify Springbrook promptly following the discovery of any Error. Further, upon discovery of an Error, Customer agrees, if requested by Springbrook, to submit to Springbrook a listing of output and any other data that Springbrook may require in order to reproduce the Error and the operating conditions under which the Error occurred or was discovered. Springbrook shall treat any such data as confidential. Fees and Expenses. The initial Maintenance Fee will be as invoiced to Customer as per conditions under Section 2. Maintenance Fees are due and payable at the beginning of the initial and each renewal term hereunder. Maintenance fees will apply to all licensed products and to any modifications made to those products if those modifications require support and/or additional programming services during upgrades to new releases. Maintenance fees are based on a percentage of the then current retail value of the licensed products. Maintenance Fees do not include travel (including travel time) and living expenses for installation and training; on-site support, installation or training; file and data conversion costs; consulting services; shipping charges; Implementation Management Services or the costs of any recommended hardware. Customer agrees to pay such fees and costs, when and as the services are rendered and the expenses incurred, as approved by Customer and invoiced by Springbrook. Springbrook shall provide supporting documentation for all expenses upon customer request. Springbrook reserves the right to require prepayment or advance deposit for such additional charges or expenses in some instances. Customer is also responsible for sales or use taxes and state or local property or excise taxes associated with licensing, possession, or use of the Software or any associated services. The Maintenance percentage and/or resulting fee may change for renewals, provided that Springbrook gives Customer written notice of the change no less than thirty (30) days prior to the automatic renewal date set forth in Section 2. All fees paid hereunder are nonrefundable and will be forfeited in the event of termination or cancellation except as specifically provided in Sections 10 and 11. Work Orders. Customer may from time to time request fi:om Springbrook services, such as software modifications or additional training. Springbrook shall make a reasonable and good faith effort to comply with such requests but shall retain the sole fight to decide whether such services are executed. The Customer shall receive from Springbrook an estimate of the cost of requested services. Springbrook shall receive for all approved Customer requests a signed work order fi:om the Customer and a deposit equal to fifty percent of the estimated cost of the service. Billing. All invoices from Springbrook to the Customer for any product or service are due upon receipt. Invoices are past due 30 days after the date of invoice. Springbrook may, at its option, charge all invoices 30 days and older an interest at a rate of one and one-half percent (1 V2%) per month (eighteen percent (18%) per annum) or, if less, the highest rate allowed by applicable law from the date such fee or charge first became past due. Invoices are delinquent 60 days after the date of invoice. A delinquent invoice may cause Springbrook, at its option, to put the Customer's account on hold. Accounts on hold may receive no product, service, or support from Springbrook until all past due and delinquent invoices are paid in full. e Use and Restrictions. The Customer's rights and obligations concerning the use of any Error Corrections, Enhancements, or Releases (or any other programming provided by Springbrook, regardless of its form or purpose) shall be as provided in the License Agreement. Springbrook shall have sole and exclusive ownership of all right, title and interest in and to such works (including ownership of all copyrights and other intellectual property rights pertaining thereto), subject only to the license expressly granted to customer therein. 10. Limited Remedy and Liability; Exclusion of Consequential Damages. The cumulative liability of Springbrook to Customer for all claims relating to any services rendered hereunder, in contract, tort, or otherwise, shall not exceed the total amount of the Maintenance Fcc paid to Springbrook pursuant to this Agreement. In no event shall Springbrook be liable to Customer for any consequential, indirect, special, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), even if Springbrook has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies, and shall apply to all claims under the warranty described in Section 11. Springbrook's liability for breach of warranty exists only during the warranty period set forth in Section 11. 11. Limited Warranty and Exclusions. SPRINGBROOK WARRANTS THAT IT WILL RENDER ITS SERVICES HEREUNDER IN A GOOD AND WORKMANLIKE MANNER. DURING THE TERM OF THIS AGREEMENT AND FOR A PERIOD OF SIX (6) MONTHS THEREAFTER SPRINGBROOK, AT SPRINGBROOK'S SOLE COST, SHALL CORRECT ANY FAILURE TO RENDER ITS SERVICES HEREUNDER IN A GOOD AND WORKMANLIKE 12. 13. MANNER. ANY CLAIM BASED ON THE FOREGOING WARRANTY MUST BE SUBMITTED IN WRITING TO SPRINGBROOK. CUSTOMER AGREES THAT THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF SPRINGBROOK AND SPRINGBROOK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, QUALITY OR PRODUCTWENESS, OR CAPACITY, OR THAT THE SERVICES RENDERED HEREUNDER WILL BE ERROR-FREE. NO ACTION AGAINST SPRINGBROOK FOR BREACH OF THIS LIMITED WARRANTY MAY BE COMMENCED MORE THAN 90 DAYS AFTER EXPIRATION OF THE WARRANTY PERIOD STATED IN THIS SECTION 11. Governing Law~ Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. Venue for any action brought by Licensor against Licensee, and for any counterclaims or cross claims thereto, shall only be in the Federal District Court in the State of California, or any state court in the State of California. Venue for any action brought by the Licensee and for any counterclaims or cross claims thereto, shall only be in the Federal District Court in the State of Oregon, or any state court in the State of Oregon. Entire A~reement; Modification. This Agreement is the complete and exclusive statement of the maintenance agreement between Springbrook and Customer and supercedes all prior and contemporaneous negotiations, discussions, proposals and understandings, oral, written or implied, including those involving any agent of either party, relating to the subject matter herein. No representations or statements made by either party or either party's agents not expressly stated herein are binding on either party. The terms of this Agreement may only be modified, expanded or added to by a written agreement executed by the parties. No oral communication between the parties or their agents before or after execution of this Agreement shall be binding upon either party unless the parties expressly agree in writing to the terms of such communication. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed in duplicate by its duly authorized officer or representative. SPRINGBROOK CUSTOMER South Taho public Utility District General Manager Richard H.-~olbHg D/~-ec~ors Tom Comte Jarne~ ~ Jon=s Ma~y Lou Mosbach8r Duane Wallac~ Eric 5chaf~r 1275 Meadow Crest Drive · South Lake Tahoe · CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDAITEM NO. 4. i TO: Board of Directors FROM: Carol Swain, Information Systems Manager. MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: Annual Software Support Costs for Financial/Payroll Software REQUESTED BOARD ACTION: Approve payment to Sungard Bi-Tech Software, Inc., in the amount of $16,308.87. DISCUSSION: The District's annual software support costs for the Integrated Financial and Administrative Solutions (IFAS) software application is increased annually by the change in the Consumer Price Index from the previous year, plus two percent (2%). The result of this formula is $16,308.87 for the fiscal year of August 1,2005 through July 31, 2006. These services are needed for daily phone support to resolve issues and for minor updates to fix any problems that may be encountered. Staff recommends the Board approve renewal of the support contract with Sungard Bi- Tech Software, Inc., for the upcoming fiscal year. SCHEDULE: August 1,2005 - July 31,2006 COSTS: $16,308.87 ACCOUNT NO: 1037-6030, 2037-6030 BUDGETED AMOUNT REMAINING: $61,124 ATTACHMENTS: Support Agreement, Invoice CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES /~.~ NO CHIEF FINANCIAL OFFICER: YES ~'~ ~ NO CATEGORY: Sewer and Water SUNGARD® SunGard Bi-Tech Inc. 890 Fortress street Chico, CA 95973 530.891.5281 South Tahoe Public Utility District Attn: Ms. Carol Swain 1275 Meadow Crest Drive South Lake Tahoe, CA96150 Remit to: SunGard Bi-Tech Inc. P.O. Box 99023 Chicago, IL 60693 DATE: 06/20/05 INVOICE #: AR138126 ACCOUNT ID: STPUD Please send this portion with your remittance. Amount Enclosed: DESCRIPTION IFAS Annual Support CA Sales Tax 7.75% Less 50% CA Sales Tax For the period covering: 8/01/0s-7/31/06 15,700.48 1,216.79 -608.40 TOTALS 16,308.87 SUNGARD® SunGard Bi-Tech Inc. 890 Fortress Street Chico, CA 95928 (530) 891-5281 Tel (530) 891,5011 Fax Annual Support Agreement Renewal Notification DATE: TO: CLIENT: June 15, 2005 Ms. Carol Swain South Tahoe Public Utility District The Annual Support Agreement, hereinafter referred to as the "Agreement" between SunGard Bi-Tec]a Inc., hereinafter referred to as "SunGard", and South Tahoe Public Utility District, hereinafter referred to as "Customer", providing for Customer Support and Software Updates for the Software licensed to Customer by SunGard will expire on ~tii~, To ensure that Customer does not experience.a lapse in support from SunGard, a signed copy of this Agreement must be returned, along with the applicable fee, no later than 30 days after the expiration of the existing Annual Support Agreement. Support will be suspended if the applicable fee is not received within 90 days of the expiration of the existing Annual Support Agreement. DEFINITION OF TERMS (The definition of Terms used in this Agreement, if not defined herein, shall be as defined in the Software License Agreement now in effect between Customer and SunGard.) 1.1 "Account" means a single and unique combination of database and Software. 1.2 "Including" means including but not limited to. 1.3 "Concurrent User" or "Active User" means the list of authorized individuals simultaneously using the Software during the busiest ten (10) minute interval of the year, whether use is via modem, direct connection, LAN connection, or intranet connection. 1.4 "Confidential Information" means all business information disclosed by one party to the other in connection with this Agreement unless it is or later becomes publicly available through no fault of the other party or it was or later is rightfully developed or obtained by the other party from independent sources free from any duty of confidentiality. Without limiting the generality of the foregoing, Confidential Information shall include Customer's data and the details of Customer's computer operations and shall include SunGard's Proprietary Items. Confidential Information shall include the terms of this Agreement, but not the fact that this Agreement has been signed, the identity of the parties hereto or the identity of the products licensed under a Software License Agreement. 1.5 Dehvery Stream Option(s)": "Express": The Delivery Stream Option that will provide the Customer with up to two primary Software Updates per year, plus the year end payroll tax, W2, 1099 and Financial Aid update(s). "Mainstream": The Delivery Stream Option that will provide the Customer with one major consolidated Software Update per year, plus the year end payroll tax, W2, 1099 and Financial Aid update(s). 1.6 "Latest Software Update" means those Software Updates which SunGard has made generally available to its Customers within the preceding twelve months under the Customer's selected Delivery Stream Option. 1.7 "Proprietary Item(s)" means, collectively, the Software and Documentation, the object code and the source code for the Software, the visual expressions, screen formats, report formats and other design features of the Software, ail ideas, methods, algorithms, formulae and concepts used in developing and/or incorporated into the Software or Documentation, all future modifications, revisions, updates, releases, refinements, improvements and enhancements of the Software or Documentation, all derivative works based upon any of the foregoing, and all copies of the foregoing. SUNGARD® www. sungard.com 1.8 "Software Update" means such Software modifications, revisions and updates to the Software which SunGard, in its sole discretion, incorporates into the Software and provides to Customer as part of the Annual Support Agreement. 2. CUSTOMER ASSISTANCE 2.1 Remote Assistance. SunGard shall provide to Customer, from 5a.m. to 5p.m. PT, Monday through Friday (SunGard Holidays excepted), telephone, fax, and e-mail supported assistance regarding Customer's authorized use of the Latest Software Update. Customer agrees to attempt to locate information provided in Documentation prior to use of Remote Assistance. In addition, SunGard shall provide self service-based assistance via SunGard's web based Support Online. The Customer agrees to stay current on the Latest Software Update for their chosen Delivery Stream Option (Express or Mainstream). SunGard will provide help desk support for a single production account and, at a reduced priority, a single test account. 2.2 Remote Support. Group A All Clients currently using IFAS 7i, Student modules, Degree Works modules or any PC or Web applications: The Customer agrees to maintain, for the duration of this Agreement: SafetyNet - consists of a dedicated pre-configured server that resides at the client site, utilizing Microsoft Virtual Private Network. This option restricts the firewall opening to an authenticated port, and establishes a connection between SunGard, Bi-Tech Inc. and the client site only. In ad(~ition the SafetyNet Server allows the establishment of a VPN tunnel where the encryption of data passing through the Internet safeguards the authentication and data transfer. This option is the best solution for premium support and is necessary for access to PCNVeb-based products as well as access to multiple servers onsite. Customer is responsible for the costs related to maintaining the SafetyNet Engine. Any exceptions to this must be authorized by VP Client Services & Support or SunGard, Bi- Tech Inc. President. Group B For Clients only using classic IFAS with no web (7i, TimeCard Online, Employee Online, Campus Online, Degree Works) or PC products (Insight, Click, Drag & Drill report writer): The Customer agrees to maintain, for the duration of this Agreement: Option 1: SafetyNet Option 2: Microsoft VPN - implement a Microsoft compliant VPN on a dedicated server of your choosing. Because of the administrative overhead involved in supporting the ever-increasing number of VPN solutions, we will not support other VPN solutions that require specific client software. Option 3: RAS Pool/Modem Access - Remote Access Service Pool offers a modem-like dial up point of authentication. Both the PAS and Modem access are reasonable for host based support only. PC/Web product support is considered too slow and is not acceptable. Option 4: Telnet/SSH/ftp access - This method allows access to the UNIX or MPE host by opening selected ports for telnet, NSNT (on MPE), or SSH access (on UNIX). SSH provides for encrypted traffic and is a more secure option. SunGard Bi-Tech needs the ability to access our FTP site from the client's host. Inbound access, where we can tip from SunGard directly to your site is appreciated but not required. This solution provides support for host based applications only. While this solution is more secure when implemented over a dial-up modem, the slowdown in performance hinders the timely resolution of support issues; therefore the performance of the Internet is generally preferred. 2.3 Resolution Assistance. Customer shall provide to SunGard reasonably detailed documentation and explanation of issues to be resolved, together with underlying data, to substantiate any problem or failure and to assist SunGard in its efforts to diagnose, reproduce and correct the problem or failure. 2.4 Non Software Assistance. Non Software Assistance requests (e.g. requests for assistance with hardware, operating systems, database management systems, networks, printer configuration, etc.) are outside the scope of this Annual Support Agreement. However, at Customer's request, Non Software Assistance may be provided on a time and materials basis, as available, at the sole discretion of SunGard. 3. SOFTVVARE UPDATES 3.1 Customer agrees to remain current on the Latest Software Update for customer's chosen Delivery Stream Option (Express or Mainstream). Customer must be on a release that is not more then one year older than the latest release. If outside the supported releases customer may be assessed a 10% uplift or incur temporary termination ot[ support until arrangements are completed to become current. Supported Mainstream Supported Express Mainstream 7.5.1 Express 7.6 Mainstream 7.4 Express 7.4, 7.5 3.2 MPE clients will receive updates to be kept current with Financial Aid and Tax/Year-End Updates as required along with any updates necessary to migrate to UNIX or SQL through 2006. MPE clients with Student modules; updates and additions will be provided by magnetic tape media or via remote on-line access, including file downloads by the user from the SafetyNet BBS / Web Site. If Maintenance is required on the MPE version of IFAS post 2006, arrangements most be made in advance. Please notify Account Manager or Finance no later than August 2006. 3.3 3.4 3.5 From time to time, new optional features may be added to the Software as a result of a Software Update. Optional features may require the use of third party software or hardware. Customer shall have the option to procure or not to procure such third party products to enable such optional features. In addition, future Software Updates may require Customer to procure specific third party software and/or hardware to allow Customer to receive the Latest Software Update. Delivery of Software Updates: SunGard shall provide to the Customer Software Updates for the application server based Software via Hassle Free SupportTM (HFS). HFS means that SunGard will log-on to Customer's designated server, with authorization from Customer, and load the server-based Software Update into a single Account for the Customer. HFS is strictly Internet delivered. Therefore, the exchange of magnetic/optical media for server-based Software Updates is not available. If SunGard, in its sole discretion, determines that delivery of the server-based Software Update via Internet is not practical, then Customer will receive magnetic/optical media along with instructions on assisting SunGard in applying the server based Software Update. For Software Updates for WindowsTM based Software, media will be sent to Customer, including Customer loading instructions. Software Updates shall be accompanied by updates to the Documentation on optical media whenever SunGard determines, in its sole discretion, that such updates are necessary. In addition, between Software Updates, service packs may be available for Customer download and installation. For those Customer's that choose not to utilize the HFS method of Software Update delivery; the Software Updates are available for download by the Customer from SunGard's FTP site. The Customer agrees to maintain, for the duration of this Agreement, one of the Intemet connection options (as described in Section 2.2 of this agreement) to facilitate Software Updates and to maintain remote control software (as specified by SunGard) to support the WindowsTM based Software. Security will be based solely upon SunGard's unique range of IP addresses. If, after a good faith effort, Customer cannot maintain an Internet connection, then SunGard will provide Software Updates to Customer on magnetic/optical media. A nominal handling charge will apply to cover the cost of the media and shipping charges. Customer agrees to maintain at least a 33600 baud modem connection to Customer's server system and to make available competent personnel to assist SunGard in transferring the Software Updates to the server. Customer assistance may be required during non-standard work hours, such as evenings, weekends and/or holidays. For those Customers taking advantage of SunGard's ASP program, the requirement for an Internet connection to the UNIX server does not applyf. 3.6 SunGard shall provide Customer with Software Updates to maintain the compatibility of the Software with new releases of the operating system under which the Software is licensed for UNIX and Windows only. 3.7 Any modifications not made by SunGard, and the results caused thereby to the Software, shall be the sole responsibility of the Customer. 3.8 SunGard will use commercially reasonable efforts to provide Software Updates to cause the Software to continue to substantially conform to GASB and GAAP requirements, and to maintain accurate Federal and State payroll tax tables (as published by the taxing authorities) and their related calculation processes. In the event that original programming is required to meet any other mandated Software change (including State, Federal, or Local mandated changes), the development costs will be borne by all Customers who utilize that Software change. 4 ANNUAL SUPPORT FEES Listed below are the IFAS modules and Web/PC Products for which Annual Support will be provided during the period of: 8101105-7131106 IStandard IFAS Modules Concurrent Users General Ledger Job Ledger/Project Ledger Budget Item Detail Accounts Payable Accounts Receivable/Cash Receipts Purchasing Fixed Assets Stores Inventory Payroll Human Resources Easy Laser Forms Click, Drag and Drill Amhive OnLine 7i Architecture Workflow Prior Support Amount Annuallncrease* 5.4% I New Support Amount Hassle Free Support (One Account) Less ~% CA Sales Tax (608.40) * Increase bas~ on ~e te~s s~ted in ~e License and Sup~ ~r~ment 5 CONFIDENTIALITY AND OWNERSHIP RIGHTS 5.1 All Confidential Information as defined in Section 1, of one party ("Disclosing Party") in the possession of the other ("Receiving Party"), whether or not authorized, shall be held in strict confidence, and the Receiving Party shall take all steps reasonably necessary to preserve the confidentiality thereof. One party's Confidential Information shall not be used or disclosed by the other party for any purpose except as necessary to implement or perform this Agreement, or except as required by law, provided that the other party is given a reasonable opportunity to obtain a protective order. The Receiving Party shall limit its use of and access to the Disclosing Party's Confidential Information to only those of its employees whose responsibilities require such use or access. The Receiving Party shall advise all such employees, before they receive access to or possession of any of the Disclosing Party's Confidential Information, of the confidential nature of the Confidential Information and require them to abide by the terms of this Agreement. The Receiving Party shall be liable for any breach of this Agreement by any of its employees or any other person who obtains access to or possession of any of the Disclosing Party's Confidential Information from or through the Receiving Party. 5.2 The Proprietary Items, as defined in Section 1, are trade secrets and proprietary property of SunGard, having great commercial value to SunGard. All Proprietary Items provided to Customer under this Agreement are being provided on a strictly confidential and limited use basis. Customer shall not, directly or indirectly, communicate, publish, display, loan, give or otherwise disclose any Proprietary item to any person, or permit any person to have access to or possession of any Proprietary Item. Title to all Proprietary Items and all related patent, copyright, trademark, trade secret, intellectual property and other ownership rights shall remain exclusively with SunGard, even with respect to such items that were created by SunGard specifically for or on behalf of Customer. This Agreement is not an agreement of sale, and no title, patent, copyright, trademark, trade secret, intellectual properly or other ownership rights to any Proprietary Items are transferred to Customer by virtue of this Agreement. Ail copies of Proprietary Items in Customer's possession shall remain the exclusive property of SunGard and shall be deemed to be on loan to Customer during the term of this Agreement. 6 OPTIONAL SERVICES 6.1 Maintenance Plus Program: Customer has the option to participate in SunGard's Maintenance Plus Program. Participation in the Maintenance Plus Program entitles the Customer with up to three (3) blocks of forty (40) additional Professional Service hours per block per Annual Support period. Minimum of 40 hours, maximum of 120 hours. The additional hours may be used for most Professional Service otherwise offered by SunGard. This would include, but is not limited to, training, programming and accounting assistance. Maintenance Plus hours may not be used for Computer Services, Project Management or Business Process Reengineering. Any unused hours at the end of the Annual Support period expire and are not carried over to the next period. If the Customer chooses to use the hours for assistance at the Customer's site, the Customer may schedule a trip, which will utilize at least 16 Maintenance Plus hours. All travel, meals, and lodging costs are borne by the Customer and will be billed as incurred. Customer can choose to come to SunGard's location for assistance, with an hour being charged against the Maintenance Plus hours for each hour spent with a SunGard employee. All travel costs in this case are borne by the Customer. Customer can choose to use the hours for Distant Learning sessions. Each Distance Learning session consists of a two-hour (2.0) remote training (plus approximately 45 minutes set-up/follow- up) beginning with a call from the Licensee. Excluding Distance Learning, the minimum charge for services performed under this Program is four hours. Any service that requires more than four hours will be charged the actual number of hours used. The scheduling of Maintenance Plus hours must be done at least 30 days in advance. Any services that are scheduled and then subsequently changed or canceled may be subject to a change fee. Requests that include Software changes will require that SunGard determine an estimated completion date, which may be greater than thirty days from receipt of the request. SunGard reserves the right to refuse to make Software changes that, in its sole discretion, are not compatible or otherwise appropriate with the Software. The fee for the Maintenance Plus Program is five thousand, five hundred dollars ($5,500.00) per 40 hour block per Annual Support period. This fee is subject to change at each Annual Support renewal date. The Maintenance Plus Program is being offered for a limited time only and the terms and conditions are subject to change, other restrictions may apply. Number of hours desired: 0 40 80 120. 6.2 Additional Accounts Customer has the option of requesting that SunGard apply IFAS Software Updates, via HFS, to one additional Account on the Customer's UNIX/MPE server (i.e. a Test account). If Customer chooses to have SunGard apply Software Updates to an additional Account (beyond the single account defined in Section 3.1 above); the procedures and terms specified in the Software License Agreement and in this Renewal Agreement will apply to the additional Account on the same Delivery Stream Option as selected for the Customer's primary Account. The fee for the additional Account to receive IFAS Software Updates via HFS is three thousand dollars ($3,000.00) per Annual Support period.. This fee is subject to change at each Annual Support renewal date. If Customer desires more then two accounts, additional maintenance fees will apply. Contact your SunGard Account Manager. Customer does choose to have an additional Account Updated: __ Customer does NOT choose to have an additional Account Updated: I,,,'/ 6.3 Additional Services SunGard offers additional support services, including "off-hours" pager support and on-site assistance on a time and materials basis and the new Remote Service Provider service, which is billed on a monthly basis. Customer should contact their Account Manager if they desire any additional support services or desire more information on their support options. 6.4 SafetyNet: Customer does choose to add SafetyNet at this time: SafetyNet with Customer supplied dedicated hardware: Customer does NOT choose to add SafetyNet at this time: MAINTENANCE RENEWAL By signing below, Customer agrees to pay for Annual Support for the period designated herein. The terms and conditions are as specified herein and as specified in the Software License Agreement now in effect between SunGard and Customer. Questions concerning this Agreement should be directed to your Account Manager. Billing questions can be directed to Anna Rodriguez at (530) 879-2728. CUSTOMER: South 3'ahoe Public Utility District Print Name: ~_~L~'_ ~Jf /~, S~J~;Y1 Date: ~'/~ / / PO# (if required} South Tahoe Public Utility District General Manager I~ichard H. Solbrig DiYec~o£$ Tom Comt~ James I~ Jones Mar~y Lou Mosbacher Puarle 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.j TO: FROM: MEETING DATE: Board of Directors John Thiel, Principal Engineer July 7, 2005 ITEM - PROJECT NAME: Customer Service, Operations and Laboratory Facility REQUESTED BOARD ACTION' Approve authorization agreement and payment to Sierra Pacific Power Company for underground power on Meadow Crest Drive in the amount of $22,884.00. DISCUSSION: As part of Customer Service, Operations and Laboratory Facility project, approximately 425 feet of overhead primary power lines will be removed and installed underground by Sierra Pacific. The District's contractor, Roebbelen, is currently installing the underground conduit. The power is being moved underground to provide better access for project construction and also to improve aesthetics. SCHEDULE: Payment due COSTS: $22,884.00 ACCOUNT NO: 2029-8401,2029-8677 BUDGETED AMOUNT REMAINING: <$917,952> ATTACHMENTS: Sierra Pacific cost details and installation agreement, Budget Analysis CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES /~ NO CHIEF FINANCIAL OFFICER: YES~y¥~--, NO CATEGORY: Water Sierra Pacific"' 933 Eloise Avenue, South Lake Tahee, California 96150 March 24, 2005 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Att: John Tiel Undergr0tmding of Power Lines At: STPUD Main Plant 1275 Meadow Crest Drive South Lake Tahoe, California DearMr. Tiel: To underground the existing overhead lines at the above referenced location will require Sierra Pacific Power Company to remove approximmely 425' 3-g2 ACSR overhead primary, 2-45' poles, 1-25kVA overhead tran~ormer and install approximately 520' 3-1/0 200A underground primary cable while reframing existing pole//259771 to a dead end primary riser pole, see attached drawing. The cost for this work is as follows: Sierra Pacific Power Company Cost: Federal Tax Gress Up O 1%): Tax on Service Substrnctttre (31%): Non-Taxable Cost (Cost to remove existing) $13,399.00 $ 4,154.00 $ 2,225.00 $ 3,106.00 $22,884.00 Please sign the attached agreement and send a check in the amount of $22,884.00 to this office to my attention. We will schedule the work to begin within thirty (30) days after receipt of the check. l/you require further information, please call me at (530)541-1949. Enclosures Sincerely, Utility Coordinat6r III South Tahoe Office Sierra Pacific UTILITY FACILITY AGREEMENT AGREEMENT #: __ day of THIS AGREEMENT is entered into this COMPANY ("Sierra Pacific"), a Nevada corporation, PO Box 10100, Reno, Nevada 89520 and South Tahoe Public Utility District Applicant desires electric service for 0 unit(s) at the following location(s): 1275 Meadow Crest Drive, South Lake Tahoe 05-32111-5-55 , 2005, by and between SIERRA PACIFIC POWER ("Applicant"). hereinafter referred to as ("Project"). To provide the requested service, it is necessary for Sierra Pacific to extend and/or modify its facilities as described in Exhibit "A" attached hereto. ~ Now THEREFORE, for good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as follows: APPLICANT'S REFUNDABLE & NON-REFUNDABLE COST RESPONSIBILITY, APPLICANT CREDITS AND BASE DATA: LINE # DESCRIPTION REFUNDABLE I COST 2 CONSTRUCTION ALLOWANCE 3 TAXABLE TOTAL (Line 1 minus Line 2) 4 TAX LIABILITY ON TAXABLE TOTAL (Line 3) 5 TOTAL REFUNDABLE (Lines 3 + 4) NON-REFUNDABLE 6 NON-TAXABLE COST 7 TAXABLE COST 8 TAX LIABILITY ON TAXABLE COST (Line 7) 9 TAX LIABILITY ON CONTRIBUTED FACILITIES (Line 20) 10 TOTAL NON-REFUNDABLE (Lines 6+7+8+9) 11 TOTAL APPLICANT COST (Lines 5 plus 10) APPLICANT CREDITS 12 APPLICANT INSTALLED FACILITIES 13 OVERSIZED FACILITIES 14 SERVICE REIMBURSEMENTS 15 TOTAL CREDITS 16 TOTAL ADVANCE/CREDIT DUE (Lines 11 plus 15) ELECTRIC $ 0 ($ o ) $ 0 $ 0 $ 0 $ 3,106 $ 13,399 $ 4,154 $ 2.225 $ 22,884 $ 22.884 ($, o ) ($ o ) $ 0 ($ o ) $ 22,884 BASE DATA USED IN CALCULATIONS 17 TAX LIABILITY FACTOR 18 PROJECTED ANNUAL REVENUE 19 REVENUE MULTIPLE 20 VALUE OF CONTRIBUTED FACILITIES 31.0% $ 0 2.5 $ 7,178 TOTAL COST (Section I, Line 1 plus Lines 6 & 7) II. The total cost for which Applicant is liable, shall be Sierra Pacific's estimated cost, refundable and non- refundable, to provide the requested service. Sierra's estimate includes all costs associated with providing the requested service hereunder and shall include all regulatory, environmental and other fees, engineering, inspection, material, labor, transportation, costs for removal of existing facilities less their salvage value, associated overheads and other charges which are related to the installation or alteration of the required facilities. TOTAL ADVANCE/CREDIT DUE (Section I, Line 16) III. A. Applicant agrees to pay Sierra Pacific's total estimated cost for which the Applicant is liable (Section I, Line 1 plus Lines 6 & 7). Less any applicable free allowance (Section I, Line 2) as determined by Sierra Pacific for the Project. Plus Tax Liability (Section I, Lines 4, 8, & 9). Less the estimated cost of the facilities, provided and installed by Applicant, inclusive of facilities oversized at Sierra's request (Section I, Lines 12 & 13). Less the estimated cost of the service(s) provided by Applicant, that is Sierra Pacific's cost responsibility (Section I, Line 14). This cost will be adjusted to actual installed footages upon project completion, and Applicant will be billed or refunded the difference. Applicant agrees to pay, at the time of the execution of this Agreement, the amount(s) set forth hereunder (Section I, Line 16) or to provide an acceptable surety bond or letter of credit. The bond or letter of credit is to be replaced with cash not less than thirty (30) days prior to construction. However, the cost of materials not normally stocked by Sierra Pacific in the type and quantity required shall be paid for in cash, prior to the ordering of such materials. If the total due (Section I, Line 16) is a credit due Applicant, Sierra requires that a performance bond for that amount, plus Sierra's project costs and the federal tax credit, be collected prior to issuing a check. Applicant may elect to take payment upon completion and acceptance of the installation of the facilities and eliminate the requirement for a performance bond. B. If the total estimated cost of construction to extend the line(s) and/or main(s) to the project exceeds $5,000, the cash advance/credit in Section I, Line 16 will be adjusted to reflect Sierra Pacific's actual cost of construction. The adjustment is limited to that portion of the total cost of the main/line extension pertaining to facilities installed by Sierra Pacific. The cost of those facilities installed by Applicant will not be adjusted. Sierra Pacific shall review its actual cost of construction within four (4) months of completion of said facilities and shall either bill or refund Applicant the difference between the total estimated cash advance/credit and the adjusted cash advance/credit. If such adjustment results in an increased total cash advance requirement, Applicant agrees to pay Sierra Pacific such difference within thirty (30) days of written notice. C. If at any time after twelve (12) months following the date of this Agreement there has been no construction activity on the electric facilities by the Applicant for a period of six (6) months, Sierra Pacific shall not be held to the provisions of this Agreement. Sierra Pacific may return all advanced dollars not required to cover Sierra Pacific's expenditures on the project. To reinstate the project, a new Agreement will be required with updated costs, #98-0000.N~ '~em~. fO~tt IV. FREE ALLOWANCES The free allowance is calculated on the projected annual revenue and the revenue multiples in Section I, Lines 18 & 19. The projected annual revenue will include only the revenue from monthly billings for basic service, excluding balancing account adjustments, late charges, and tax adjustments. Should actual revenues fall substantially short' of the projected revenue used for the free allowance granted, the customer may be required to pay to Sierra Pacific in cash any portion of the free allowance granted but not justified by actual revenues. Such payment will be increased by the tax liability factor noted in Section I, Line 17. The payment shall be made within 30 days of written notification of the revenue deficiency and request for payment by Sierra Pacific. REFUNDS (Section I, Line 5) A. ELECTRIC EXTENSIONS 1. All advances and/or contributions made by Applicant under the provisions of this Agreement, which are not classified as a non-refundable by Sierra Pacific, shall be subject to refund, to the party or parties entitled thereto as set forth in this section. (a) Except as indicated in Section V.A.1 (b) of this Agreement, all refunds shall be made without interest. (b) Refunds based on. estimated usage levels shall be paid by the utility within ninety (90) days of the date service is initiated. In the event that refunds are not paid in accordance with this section, Sierra Pacific. shall pay interest for the period the refund is delayed at the rate currently specified in Section 704.655 of NRS. (c) Refunds hereunder shall be made for new customer connections during the period not to exceed ten (10) years after the date of this Agreement. (d) Except for refunds from customer connections made within ten (10) years of the date of this Agreement, any portion of the advance which remains unrefunded ten (10) years after the date of this Agreement, will be forfeited by Applicant and become the property of Sierra Pacific. 2. Refunding will be based on revenues in excess of the level used as the basis for determining free allowance, derived from the following customers, who initiate service within ten (10) years of the date of this Agreement. (a) Those served directly from the subject extension or alteration, as long as subject extension or alteration is the first in a series from the original point of supply for which a portion of an advance remains refundable. (b) Those served from subsequent extensions of or additions to the original extension. Refunds based on revenues in this section shall be made to the Applicant having the first extension in series from the original point of su'pply, for which a portion of an advance remains refundable. 3. The following provisions apply to the refunding process. (a) In those cases where two or more parties make a joint advance/contribution on the same extension, Sierra Pacific shall distribute refundable amounts to such parties in the same proportion as their individual advance/contribution bear to the joint refundable total, unless otherwise directed by all parties. (b) Refundable amounts may be accumulated before refunding to twenty-five dollars ($25.00) minimum or to a total refundable balance if less than twenty-five dollars ($25.00). (c) The total amount refunded hereunder shall not exceed the total amount subject to refund (Section I, Line 5). VI. TAX GROSS UP All applicable Applicant costs, cost adjustments and refunds will be increased to reflect the appropriate tax liability factor indicated in Section I, Line 17. VII. MISCELLANEOUS This Agreement has been made by Sierra Pacific pursuant to its rules and regulations governing all matters contained herein, filed with and approved by the Public Service Commission of California, and this Agreement is subject to any changes or modifications by the Public Service Commission of California as said Commission may from time to time direct in the exercise of its jurisdiction. B. All facilities constructed hereunder shall become property owned, maintained, and controlled by Sierra Pacific. The parties agree and understand that Applicant is not in any way an agent, representative, employee, or contractor of Sierra Pacific during the installation of facilities required hereunder, and Applicant agrees to indemnify and save harmless Sierra Pacific from any and all claims which are a result of, or arise out of, construction activities including, but not limited to, trenching and backfill undertaken by Applicant in accordance with this Agreement. D. Applicant agrees that it will grant, or if not the owner, represents that the owner will grant and execute, to and in favor of Sierra Pacific, all necessary easements, conveyances, deeds, rights-of-way, or other documents required or relating in any faction to the placement, installation, operation, maintenance, repair, and replacement of facilities required hereunder or any portion thereof. If any portion of said facilities will be located on property other than that owned by Applicant, Sierra Pacific shall not be obligated to commence construction unless and until permanent rights-of-way therefore are granted to Sierra Pacific that are satisfactory to Sierra Pacific both as to location of easement and form document. All rights-of-way shall be obtained without cost to Sierra Pacific. E. All facilities installed by Applicant shall be in accordance with Sierra Pacific Construction Standards, as contained in the "Electric Distribution System Guide," and details as shown on the work order drawings, and applicable local, state, and federal laws and/or regulations. F. All work performed and all material furnished by the Applicant and his contractor shall be guaranteed against defects in materials and workmanship for a period of one (1) year following final acceptance of work by Sierra Pacific. Applicant agrees that Sierra Pacific may, at its option and upon written notice to Applicant, either (1) repair any defect in materials or workmanship which may develop during the one-year period, or (2) require Applicant to make good any defect in materials or workmanship which may develop during said one-year period. The option and obligation to repair shall extend to any damage to facilities or work caused by the subject defects in materials or workmanship or the repairing of same. All repairs hereunder, whether undertaken by Sierra Pacific or Applicant, shall be done solely at Applicant's expense. Applicant also assumes all responsibilities and liabilities for ten (10) years for facilities installed by the Applicant or facilities installed by Sierra Pacific based on survey and staking provided by the Applicant or Applicant's engineer that are found to be located outside the recorded easement or right-of-way granted for such facilities. G. For Applicant installation of facilities in addition to those normally provided at no expense to Sierra Pacific: #98-0000.WPW Temp. rorer 1. Applicant shall provide public liability and property damage insurance coverage in amounts satisfactory to Sierra Pacific and naming Sierra Pacific as an additional insured. 2. Applicant shall provide worker's compensation and unemployment compensation insurance in the form and amounts required by the State of California. 3. Applicant shall perform in accordance with all laws, ordinances, rules, regulations, standards, and codes applicable to the types of installation being undertaken. H. Applicant shall indemnify and hold harmless Sierra Pacific from and against Applicant's failure to conform in any respect to the requirements set forth in Sections E and F above. Applicant may assign its right to receive a refund under this Agreement only upon written notification of the assignment to Sierra Pacific. Written notification shall consist of a document transferring the right to receive refunds, signed and notarized by the Assigrmr and the Assignee. Sierra Pacific may refuse to accept an assignment that is not signed and notarized by the Assignor and the Assignee. No obligation or duty owed by the Applicant to Sierra Pacific may be assigned unless Sierra Pacific consents to such assignment in writing. Under no circumstances shall Sierra Pacific be liable under any contract between the Applicant or Assignor and any Assignee. J, Notices or inquiries concerning this Agreement should be directed to: SIERRA PACIFIC POWER COMPANY Attn. Plant Accounting PO Box 10100 Reno, NV 89520 IN WITNESS WHEREOF, the Parties hereto execute this Agreement (Pages 1 through 6 inclusive plus Exhibit A) the day and year first above written. APPLICANT(S) South Tahoe Public Utility District By: Printed/Typed Name: SIERRA PACIFIC POWER COMPANY By: Typed Name: Randy Kelly Title: Manager, South Tahoe Operations Printed/Typed Name: Mailing Address: Tax Identification Number (Required) (Individual) Social Security Number (Business) TIN Bus. Type: Corporation Tax Exempt Partnership ~ Governmental Agency Please be advised that we have selected Other NOTE: We request your Tax Identification Number and nature of your organization. Due to IRS regulations and under certain situations, if we do not have this information, we are required to withhold 20% of any refund due you. as our Applicant Installed Contractor. FOR OFFICE USE ONLY: Planner: Jeff Matthews SCALE: 1 " -50' TAX CODE: 09 002002 00 qni 3- f2ACSR 3500C 53444 MEYER TO BLACK 35MU41 (50T) 259771 ADO R2OL ANCH RMV E) ANCHOR CV -1 15' 3 -1 /0 557V 1C4 LID /24 -1295 3— 2ACSR RMV) /2TX 1C2 OPEN POINT TO BE DECIDED IN FIELD. SEE STRIP MAP +3500 -5. /2TX 1C2 SPPCO TO PROVIDE AND /OR INSTALL: O IN 2C4(CONDUIT BYO PECN U/G PRIMARY DEVELOPER). REFRAME POLE 259771 TO PRIMARY DEAD END RISER. SPPCO TO REMOVE: APPROX 425' 3— #2ACSR OVERHEAD PRIMARY. 2 -45' POLES. 1 -25KVA 0/H TRANSFORMER. DEVELOPER TO PROVIDE /INSTALL: /2TX 1C2 520' 3 -1/0 2C4 MEADOW CREST DRIVE EXHIBIT A 3 -, 2ACSR RMV) 35MU26 80' v 1(RMV) A TO STPUD OFFICE 1275 MEADOWCREST DRIVE ® 1 -557 VAULT, STK /24 -1045, WITH LID "8 ",STK /24 -1295, PER SPPCO. STD. PE-00711.1. ® ALL CONDUIT— 4 ", MINIMUM DB120 PVC GREY WITH A PULL LINE OF FLAT DESIGN WITH SEQUENTIAL FOOTAGE MARKINGS AND A MINIMUM BREAKING STRENGTH OF 480 LBS. PER SPPCO. STDS. CD -0001U AND CD- 0004U. NOTE: ALL CONDUIT UNDER FONDATION TO BE RIGID STEEL OR CONCRETE ENCASED PER SPPCO. SIDS. CD- 0003U. © ALL TRENCHING AND BACKFILL PER APPLICABLE SPPCO. STDS. TE -0001 U, TE- 0003U, TE- 0004U, TE -0020U AND: PTRENCH DETAIL "A ". PRIMARY RISER C/0 1 -4" GALV STEEL SWEEP, 10' OF 4" GALV STEEL CONDUIT, AND 20' OF 4" SCH 40 NEXT TO POLE. GENERAL COMMENTS:, Q CALL SOUTH TAHOE OFFICE (530- 541 -1949) 48 HOURS PRIOR TO START OF CONSTRUCTION FOR TRENCH INSPECTION BEFORE COVERING TRENCH. ALL MATERIAL SHALL BE ON THE JOB SITE PRIOR TO THE START OF ANY WORK BY SPPCO. 4" STEEL SWEEPS WITH 48" RADIUS REQ. TO COLLEGE (RMV) 3 -1/0 1C4(RMV 5 O , 3 -1 /0 1C4 192868 (RMV) wino MI). aMto a�wft R ( W2 OA1 ' (W1.311-04 row. HAAN (Mee NATIVE swam SOH a SPieian HA OMER (HIM' at 0000E AT SOH COOP. INC BOOM Paw owsacnow TRENCH DETAIL "A" rae Ph1Wwr MICH O. REVISION DATE DRAWN REVIEWED Dom, Contact: �,.,« P.V.21111 9 tone Ata9e Meadow Crest Drive U/G Cony STPUD wo/ 32111 E svojl BAK 03123/05 J. - Unity .. M. . wweww IV Sr. Project Coordinator: Jeff Matthews Phan ( 530) 641 -1949 Emit )btth.w.Ouppc.oan Electric Dodge, Dodge, lit F.�rmbr s1PUD Attn: (530)544 -6474 P.e 3oa Late Tahoe, CA kt L %t,-� 1 O 03- 12 -18D2 • 1/1 i a CUSTOMER SERVICE CENTER LABORATORY & OPERATIONS FACILITY Accounts: 2029-8401 & 8677 BUDGET REMAINING ANALYSIS: Spent to date 2005~06 All Years 47,847 2,079,876 Outstanding Purchase Orders- AMEC Earth & Environmental Arizona Pipeline Co. Comp View Groves Mobile Homes Lumos Associates Neff Rental inc. Roebbelen Contracting Inc. Smith Design Group Tahoe Asphalt Inc. Western Power & Equipment Total Encumbered 1,358 1,358 598 598 5,500 5,500 4,321 4,321 8,450 8,450 8,201 8,201 8,893,549 8,893,549 238,201 238,201 2,950 2,950 6,977 6,977 9,170,104 9,170,104 Total Spent & Encumbered 9,217,952 11,249,980 Budget 2006 8,300,000 10,332,028 Under (Over) Budget (917,962) (917,952) Ten-Year Financial Plan 2007 1,860,000 1,860,000 Grand Total 942~048 942~048 South Tahoe Public Utility District General Manager Richard H. 5olbrig DlrecCor$ Torn Cornt~ James I~ Jon~s Mary Lou Mosbacher Duan~ 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.k TO: FROM: MEETING DATE: Board of Directors John Thiel, Principal Engineer July 7, 2005 ITEM - PROJECT NAME: Customer Service, Operations and Laboratory Facility REQUESTED BOARD ACTION: Approve payment to the City of South Lake Tahoe for plan review and inspection services in the amount of $47,376.38. DISCUSSION: This is the standard fee for plan review and inspection services for new construction within the City. SCHEDULE: Payment due COSTS: $47,376.38 ACCOUNT NO: 2029-8401,2029-8677 BUDGETED AMOUNT REMAINING: <$917,952> ATTACHMENTS: Budget Analysis CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES x~ NO CHIEF FINANCIAL OFFICER: YES ~'~- NO CATEGORY: Water CUSTOMER SERVICE CENTER LABORATORY & OPERATIONS FACILITY Accounts: 2029-8401 & 8677 BUDGET REMAINING ANALYSIS: Spent to date 2005106 All Years 47,847 2,079,876 Outstanding Purchase Orders- AMEC Earth & Environmental Arizona Pipeline Co. Comp View Groves Mobile Homes Lumos Associates Neff Rental Inc. Roebbelen Contracting Inc. Smith Design Group Tahoe Asphalt Inc. Western Power & Equipment Total Encumbered 1,358 1,358 598 598 5,500 5,500 4,321 4,321 8,450 8,450 8,201 8,201 8,893,549 8,893,549 238,201 238,201 2,950 2,950 6,977 6,977 9,170,104 9,170,104 Total Spent & Encumbered 9,217,952 11,249,980 Budget 2006 8,300,000 10,332,028 Under (Over) Budget (917,952) (917,952) Ten-Year Financial Plan 2007 1,860,000 1,860,000 Grand Total 942~048 ,942~048 South Tahoe Public Utility District General Manager FJchard H, Solbrig D/rec~ors Tom Comf, e Jamee I~. Jonce Mary Lou Moebachcr Puane Wallace Eric ,~chafer 1275 Meadow Crest Drive, South Lake Tahoe · CA 96150-7401 Phone 530 544-6474, Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM 6.a TO: Board of Directors FROM: Hal Bird, Land Application Manager MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: Request received from Alpine Fire Safe Council to Relocate Burn Pile to District Property REQUESTED BOARD ACTION' Deny Request to Relocate Burn Pile DISCUSSION: Staff has considered the request from Alpine Fire Safe Council to move their burn pile from its current location at Turtle Rock Park to the "Burr gravel pit" which is owned by the District. There are various reasons why the request should be denied, but first and foremost is the constraints it would place on future District operations. As the long-term planning process progresses, most any operations by other groups, not only the burn pile, would hamper planning and operational efforts. While many concerns (liability, access by public, aesthetics, smoke and numerous other concerns) could possibly be addressed contractually, staff recommends denying the request. SCHEDULE: As soon as possible COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: Letter from Alpine Fire Safe Council CONCURRENCE WITH REQUESTED ACTION: CHIEF FINANCIAL OFFICER: YES ~y'%4_. NO CATEGORY: General Alpine Fire Safe Council PO Box 67 Marklccville, CA 96120 (530)-694-2289 www.alpincfiresafc.org Directors Stacey James Woodfords David Griffith Woodfords Don Jardine Markleeville Shirley Taylor Woodfords Nancy Thomburg Markleeville Kim Chaffield Woodfords Staff Clint Celio (C.G.Celio & Sons Co.) Council Coordinator June 9, 2005 Mr. Eric Schafer, President of the Board South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Dear Mr. Schafer, The Alpine Fire Safe Council in concert with Alpine County operates the "bum pile" at Turtle Rock Park to provide Alpine County residents a biomass disposal solution when creating and maintaining defensible space around their homes. Resident dump pine needles, brush, limbs, and other.lliilalIl~material are taken to the large open area at Turtle Rock Park. If possible, the local fire departments bum the material and the ashes are hauled away. Otherwise, the Alpine Fire Safe Council has paid a contractor to chip the material and haul it to the compost operation in Minden. Dumping is controlled by paid monitoring of the pile during open hours, ensuring that inappropriate materials (garbage, construction waste, etc) are not dumped. The site at Turtle Rock Park has limitations. First, it is used for other functions besides the burn pile, so it must be cleared at various times during the year making it unusable. Second, the relocation of the USFS facilities to Turtle Rock Park will likely eliminate this location. The Alpine Fire Safe Council is seeking an alternative location for this bum pile. Some have suggested the Burr gravel pit, which is now owned by STPUD, as an alternative location for this bum pile. The Alpine Fire Safe Council is asking your Board to consider this idea. It is an open area, cleared of vegetation, with controlled access. The Alpine Fire Safe Council would be happy to assist STPUD with any concerns you might have regarding this use and looks forward to discussing this solution with you. Clint Celio Alpine County Fire Safe Council cc. Alpine County Board of Supervisors Leonard Tumbeaugh, Director of Public Works South Tahoe Public Utility District General Manager Richard ti. Solbrlg DirecCor$ Tom Comte James F... Jonee Ma~y Lou Mosbacher Puane Wallace Eric 5chafer 1275 Meadow Crest Drive · South Lake Tahoe · CA 96150-7401 Phone 530 544-6474. Fax 530 541-0614. www, stpud.us BOARD AGENDA ITEM 6.b TO: Board of Directors FROM: Paul A. Sciuto, Assistant General Manager Richard Solbrig, General Manager MEETING DATE: July 7, 2005 ITEM - PROJECT NAME: B-Line Phase 3: Export Pipeline Replacement Project REQUESTED BOARD ACTION: (1) Approve assignment of the B-Line Construction Contract (Contract) from Cox & Cox Construction, Inc., (Cox & Cox) to Don Garcia Excavating and Paving, Inc.; (2) Approve assignment of Cox & Cox's subcontracts with Kelley Erosion Control, Inc., R. E. McCollum, Inc., Ed Cook Tree Service, LLC, to Don Garcia Excavating and Paving, Inc.; and (3) Approve Change Order Nos. 8 and 9 to the Contract, all contingent upon the settlement agreement to be discussed in closed session. DISCUSSION: The District has negotiated a settlement with Cox & Cox Construction (Cox & Cox) concerning completion of the B-Line Phase 3: Export Pipeline Replacement Project (Project). As part of the settlement, the District is taking over responsibility for completion of the project, including direct responsibility for the work previously contained in Don Garcia Excavating and Paving, Inc., (Garcia) subcontract with Cox & Cox but not yet performed. The District has negotiated with Garcia to obtain its services to complete the Project as the new general contractor, which will be accomplished by Cox & Cox assigning the Contract to Garcia. The assignment includes adjustments in the scope of work and costs as necessary for Garcia to complete the Project. Other portions of the remaining work on the Project require the services of other Cox & Cox subcontractors to construct the bridge at Grass Lake Creek, revegetation of the project site, and the cutting and removal of trees. In order to complete this work, the District has negotiated an assignment of three subcontracts from Cox & Cox to Garcia, namely Kelley Erosion Control for revegetation of the Project site, R.E. McCollum for construction of the bridge and Ed Cook Tree Service, LLC, for the cutting and removal of trees. The assignments include adjustments in the scope of work and costs as necessary to complete their respective portions of the work. In order to accommodate the District's completion of the Project and the above assignments, the Contract must be modified to account for the change in scope of work and the associated costs to perform that work. Also, the Contract is being adjusted with respect to prior quantities based on estimated versus actual amounts. SCHEDULE: COSTS: ACCOUNT NO: 9098-8828 BUDGETED AMOUNT REMAINING: $1,499,555 ATTACHMENTS: Change Order Nos. 8 and 9. A copy of the Assignments are available upon request to the Clerk of the Board, CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ~.~ NO CHIEF FINANCIAL OFFICER: YES ~'~C_ NO CATEGORY: Sewer CHANGE ORDER NUMBER Project B-LINE REPLACEMENT - PHASE 3 Contractor COX & COX CONSTRUCTION, INC Date June 30, 2005 8 PO # P14523 The Contract Shall Be Changed As Follows: A) Cost for snow delays on May 10 and 11, 2004 and rain on May 28, 2004 causing no work activities to be conducted on Highway 89 for the lump sum amount of $7,303.00. TOTAL FOR ITEM A IS $7,303.00 B) Cost for utility conflicts on Highway 89 resulting in delays of 9.8 workdays for the lump sum amount of $117,710.00. TOTAL FOR ITEM B IS $117,710.00 TOTAL FOR CHANGE ORDER NUMBER 8 IS A+B+C+D+E+F= $723,114.84 Dollar Amounts Contract Time Original Contract $4,996,642.00 Previous Change Orders $1,603,080.55 Current Contract $6,599,722.55 THIS CHANGE ORDER $ 723,114.84 New Contract Total $7,322,837.39 This Change Order constitutes full and mutual accord and satisfaction for all time and all costs related to this change. By acceptance of this Change Order the contractor agrees that the Change Order represents an equitable adjustment to the contract price and time, and further agrees to waive all right to file a claim arising out of or as a result of this change. Authorized By STPUD Board President Date: Accepted By Contractor Date: Date: C) Cost for additional time for boulder excavation and handling and transport of boulders for the lump sum amount of $345,723.00. TOTAL FOR ITEM F IS $345,723.00 D) Cost for additional slurry costs due to larger excavation for the lump sum amount of $1,818.00. TOTAL FOR ITEM D IS $1,818.00 E) Cost for extended field overhead for the delays due to weather, utility conflicts, and permit acquisition for the creek crossing for the lump sum amount of $50,641.00. TOTAL FOR ITEM E I$ $50,641.00 F) Cost for additional equipment for handling of boulders for the lump sum amount of $1 99,91 9.84. TOTAL FOR ITEM F IS $199,919.84 TOTAL FOR CHANGE ORDER NUMBER 8 IS A+B+C+D+E+F= $723,114.84 CHANGE ORDER NUMBER Project B-LINE REPLACEMENT - PHASE 3 Contractor COX & COX CONSTRUCTION, INC Date June 30, 2005 9 PO # P14523 The Contract Shall Be Changed As Follows: A) Contract Amount Quantity Adjustments for performance through June 30, 2005 for the lump sum amount of <$141,130.65>. Refer to Table 1 for a summary of quantity and cost adjustments. TOTAL FOR ITEM A IS ~$141,130.65~ B) Cost for differences between Cox & Cox Construction's bid amounts and Don Garcia Paving and Excavating bid amounts for remaining work for the lump sum amount of $690,820.00. Refer to Table 2 for a summary of differences. TOTAL FOR ITEM B IS $690,820.00 TOTAL FOR CHANGE ORDER NUMBER 9 IS A+B = $549,689.35 Dollar Amounts Contract Time Original Contract 64,996,642.00 Previous Change Orders 62,326,195.39 Current Contract 67,322,837.39 THIS CHANGE ORDER 6 549,689.35 New Contract Total 67,872,526.74 This Change Order constitutes full and mutual accord and satisfaction for all time and all costs related to this change. By acceptance of this Change Order the contractor agrees that the Change Order represents an equitable adjustment to the contract price and time, and further agrees to waive all right to file a claim arising out of or as a result of this change. Authorized By STPUD Board President Accepted By Contractor Date: Date: Reviewed By Date: Table 1 - Contract Amount Quantity Adjustments. Bid Extended Item Item (~uantity Unit Unit Cost Cost 4a C1 450 Pipe -161.82 LF $525.00 <$84,955.50> 4b C1 500 Pipe 38.71 LF $635.00 $24,580.85 4c C1 600 Pipe 16.2 LF $525.00 $8,505.00 6 Sht + Shr -57.5 LF $13.00 <$747.50> 7 TrCutoff Wails -35 EA $1,400.00 <$49,000.00> 8A Pavement on Tr/89 11,077 SF $3.50 $38,769.50 8B Pavement outside Tr/89 -8,000 SF $2.50 <$20,000.00> 8C Pavement outside fog/89 -1,800 SF $3.00 <$5,400.00> 9 Paint Stripping -4,000 LF $2.25 <$9,000.00> 10 Predrilling -3498 LF $6.00 <$20,988.00> 13 Concrete Encase 41 LF $127.00 $5,207.00 14 Slurry -354 LF $48.00 <$16,922.00> 16 Tree Cutting 95 EA $250.00 $23,750.00 18 Stockpile Removal -5,000 CY $3.00 <$15,000.00> CO#lB Mag PartTest -12 EA. $405.00 <$4,860.00> CO#3G LPPS Potholing I LS $20,000.00 <$15~000.00> TOTAL: <$141,130.65> Table #2 Additional Project Costs Remaining Quantity ITEM Amount Complete to Difference (Garcia- DESCRIPTION UNIT QTY. (after Adj.) Garcia Bid Amount Date Remaining) SCHEDULE A Mobilization/demobilization LS 1 $19,800.00 $25,000.00 80% $5,200.00 ~ Erosion control measures LS I $0.00 $6,000.00 100% $6,000.00 Traffic control measures, incl. After-hrs flaggers, trench plating w/non-skid :3 )lares, etc. LS 1 $0.00 $31,000.00 100.0% $31,000.00 Purchase & install 2A-inch diameter pipeline as shown on ~lans ... incl. Valves, elbows, thrust restraints, connections 4 betw exitincj & new pipin~l, etc. Install 24-inch diameter stall pipe 4a )ressure Class 450 as required by specs LF 1,600 $0.00 $0.00 1438.18 $0.00 Install 24-inch diameter steel pipe )ressure Class 500 as required by the 4b specs. LF 1,300 $0.00 $0.00 1338.71 $0.00 Install 24-inch diameter steel pipe )ressure Class 600 as required by 4c specs. LF 3,050 $0.00 $0.00 3066.2 $0.00 fittings,Install connectiOnvalves, insulatedt° existing flanges,Steel couplings,eXpert pipelineexcavation,lincl pipe, . 4A backfl, and compaction. Luther Pass Pump Station (per Addenda 4A1 2) LS I $4,505.00 $0.00 83% -$4,505.00 4A2 Forest Service Campground LS 1 $0.00 $0.00 100% $0.00 Purchase and install corrosion monitoring test stations at insulated flanges and at pipeline access manholes as shown 5 in the typical details and described in specs. Install corrosion monitoring test station, 5a Type T EA 5 $1,750.00 $1,000.00 0.5 -$750.00 Install corrosion monitoring test station 5bi Type I. EA '2 $1,165.00 $500.00 0.5 -$665.00 Install, maintain and remove sheeting, shoring or bracing (or equivalent methods) for protection of workers while installing pipe and appurtenances in 6 trenches LF '5,900 $0.00 $0.00 5842.5 $0.00 Trench cut-off walls: installation of trench cut-off walls every 50' per std dtl P004 in off road areas and in paved 7 roadways where called out EA 60 $0.00 $0.00 25' $0.00 Install aphaltic paving in Hwy 89 (inside & outside of traffic lanes) and the Campground Rd impacted by the installation ~ of the new pipeline Pavement replacement over pipe trench inside traffic lanes (fog line to centerline Hwy 89): install 4" of new asphalt (2 - 2" SF 5,500 $0.00 $0.00 16,577 $0.00 8a lifts) over pipe trench etc. ~'avement replacement outside p~pe trench - inside traffic lanes (fog line to centerine of Hwy 89): Grind out 2" depth of remaining existing asphalt from fog 8b line to centedine of Hw 89, etc. SF 8,000 $0.00 $0.00 0 $0.00 Pavement Replacement Outside traffic lane (outside fog line): install 4" of new asphalt (2 - 2" lifts) over piep trench matching existing (adjacent) asphalt elevation and slpe for any pipe trench outside existing fog line and traffic lane. (includes 12" of compacted ABC as the 8c base course for the new pavin~.~) SF 1,800 $0.00 $0.00 0 $0.00 Table #2 Additional Project Costs Remaining Quantity Amount Complete to Difference (Garcia- ITEM DESCRIPTION UNIT QTY. (after Adj.) Garcia Bid Amount Date Remaining) Pavement replacement - all existing paving over the campground road from the intersection w/Hwy 89 to the project end at the connection to the existing 8d force main. Etc. (Per Addenda 1.) SF 26,400 $112,200.00 $84,480.00 0 -$27,720.00 Painted striping: repair/repaint existing striping removed or damaged during the 9 completion of project. LF 4,000 $0.00 $0.00 0 $0.00 Pre-drilling 10' deep, bore holes at 3' centers to determine blasting 10 requirements. LF 5,000 $0.00 $0.00 1502 $0.00 Blasting to break up rock for trenching operations to continue incl. All traffic 11 control, explosives, drilled holes, etc. LS 1 $0.00 $0.00 $350,000.00 $0.00 11A CO#1 Increase Bid Item 11 LS I $0.00 $0.00 $450,000.00 $0.00 11A. 1 CO#6 Increase Bid Items 11 & 11A LS I $0.00 $0.00 100% $0.00 11B CO#5 Increase Bid Item 11 & 11A LS 1 $0.00 $0.00 100% $0.00 Reveg as specified in Contract docs. 12 (per Addenda 2) LS 1 $368,000.00 $337,370.00 0 -$30,630.00 Install concrete pipe incasement per 13 plans LF 306 $0.00 $0.00 347 $0.00 Add'l cost to replace backfill from bottom 14 of new asphalt paving w/30" of slurry. LF 1,500 $0.00 $0.00 1146 $0.00 Purchase and install access manholes consisting of precast risers, lid & cover, 15 poured in place base, etc. EA 5 $25,025.00 $9,500.00 1.75 -$15,525.00 'Cost for cutting and removing all trees )er plans (6" or greater in diameter measured 5' above existing ground 16 surface adjacent to the tree). EA 103 $0.00 $11,165.00 198 $11,165.00 17 Clearing and grubbing the project route LS 1 $0.00 $0.00 100% $0.00 Load trucks and remove soils stockpiled at Vvw'rP to a TRPA accepted disposal 18 site. Etc. (per Addenda 1 clarification) CY 7,000 $0.00 $0.00 2000 $0.00 19 CO#1 Extra Traffic Control LS 1 $0.00 $0.00 100% $0.00 20 CO#1 Trees Removed Over Snow LS 1 $0.00 $0.00 100% $0.00 CO#1 Mag Partical Test Miter Joints 16 EA 35 $0.00 $0.00 23 $0.00 21 degrees or larger. CO~2 Overtime wages tor Gay 5&6 of each week worked from 9/1/04, not to 22 exceed $270,000.00. LS 1 $0.00 $0.00 100% $0.00 CO#3 Item A: Supplemental time & 23 material costs for blasting LS 1 $0.00 $0.00 100% $0.00 CO#3 Item B: Supplemental t~me & material costs for traffic control on Hwy 24 89 LS 1 $0.00 $0.00 100% $0.00 Table #2 Additional Project Costs Remaining Quantity Amount Complete to Difference (Garcia- ITEM DESCRIPTION UNIT QTY. (after Adj.) Garcia Bid Amount Date Remaining) _ CO#3 Item C: Reconfig pipeline to avoid 25 culverts, existing force main, etc. LS 1 $0.00 $0.00 100% $0.00 CO#3 Item D: Reconflg pipeline to - reduce over excavation betw Sta 21+00 26 to 25+00, ~lrd profile 4' higher than LS 1 $0.00 $0.00 100% $0.00 (;;0#3 Item E: Recontig PiPeline to match elevation of existing pipeline at ~7 connection pt in USFS campgrd. LS 1 $0.00 $0.00 100% $0.00 . (20#3 ItemP: Add'l dewatering work at --- Grass Lake Creek crossing in order to 28 handle creek seepage page the initial LS !1 $8,000.00 $24,500.00 $22,000.00 $16,500.00 CO#3 Item (5: Add'l potl~oling, pipe fittings, survey work to redesign the ;)9 connection to the force main at LPPS. ,LS 1 $0.00 $0.00 $5,000.00 $0.00 CO#3 Item H: Redesign of pipeline from Sta 11+00 to 18+00. Relocated at end of 30 design process to avoid SEZ. LS 1 $0.00 $0.00 100% $0.00 CO#4: Adjust estimate to actual cost for ~0A item H of CO#3. LS 1 $0.00 $0.00 100% $0.00 (;;0#3 Item I: Add'l erosion control BMP's installed along Hwy 89 per TRPA and 31 LRWQCB. LS 1 $7,500.00 $0.00 $22,500.00 -$7,500.00 (20#3 item J: Added steel reinforcing, concrete, excavation, and form work for ;32 larger footings for bridge across Grass LS I $60,000.00 $19,000.00 0% -$41,000.00 ' CO#3 Item K: (;;reek restoration work, including placing boulders and cobble in 33 creek channel to comply w/SEZ LS 1 $45,000.00 $17,500.00 0% -$27,500.00 6;0#3 item L: Add'l potholing and changes to pipe for the tie-in on 34 Campground. LS I $0.00 $0.00 $5,000.00 $0.00 CO#5 Item B, Grass Lake Creek Bypass 35 Modification, on T&M. (COR#8) LS 1 $0.00 $6,000.00 100% $6,000.00 CO#5 Item C, Relocate existing 16" fill 36 line at LPPS. (COR#28) LS 1 $0.00 $0.00 100% $0.00 CO#5 Item D, (2hange out gaskets and replace bolts for 7 manways, etc., 37 (COR#29-01) LS 1 $0.00 $0.00 100% $0.00 (20#6 item c, Add'l labor and materials to perform Change Out of gaskets & ~TA replace bolts for 7 manways, etc. LS 1 $0.00 $0.00 100% $0.00 CO#5 Item E, Cost of 81' of 24" steel 38 pipe,per NW Pipe invoice. LS I $0.00 $0.00 100% $0.00 _ CO#5 Item I% Lost day work for ~.b. McCollum due to delays to bridge 39 construction for Grass Lake Creeek. iLS 1 $0.00 $0.00 100% $0.00 CO#6 Item B Winterize Project Site per 40 STPUD 11/9/04 Letter LS 1 $0.00 $0.00 100% $0.00 Portion of Item 40 moved to separate I 40A Kelley Erosion Control Contract. ILS 1 $0.00 $0.00 100% $0.00 Recondition Pipe Path from station 0+00 41 to 26+00 T& M 1 $302,000.00 $302,000.00 .Recondition Campground Roadway from 42 Station 37+00 to 60+00 T & M 1 $290,000.00 $290,000.00 43 Grass Lake Creek Bridge LS 1 $178,750.00 $178,750.00 Table #2 Additional Project Costs Remaining Quantity Amount Complete to Difference (Garcia- ~ITEM DESCRIPTION UNIT QTY. (after Adj.) Garcia Bid Amount Date Remaining) $o.oo Material On Hand (Per attached Invoice) LS 1 $0.00 $0.00 _ TOTALS: $794,075.65 $1,343,765.00 $690,820.00 _ j $o.oo SCHEDULE B $0.00 Ongoing maintenance of the restoration 1 and reve~l for four (4) years. LS 1 $489,000.00 $489,000.00 0 $0.00 Total Bid Schedule B $489,000.00 ASSIGNMENT OF CONSTRUCTION CONTRACT This Assignment of Construction Contract (Assignment) is entered into on this day of June, 2005, by and between Cox & Cox Construction, Inc., a California corporation (Cox & Cox), Don Garcia Excavating and Paving, Inc., a California corporation (Garcia), and the South Tahoe Public Utility District, a California public agency (District), at South Lake Tahoe, California, with reference to the following facts and intentions: A. On November 19, 2003, the District invited bids from contractors to perform certain construction work related to replacing a portion of the District's export pipeline, commonly described as "B-Line Replacement Project Phase 3" (Project); B. Cox & Cox was the low bidder for the Project and the District awarded construction of the Project to Cox & Cox. The District and Cox & Cox entered into a contract, dated December 18, 2003, and subsequently modified by change orders (collectively "Contract"), for construction of the Project; C. Cox & Cox entered into a subcontract with Garcia (Subcontract) with respect to performance of certain paving related services for the Project; D. The Project construction was not complete by October 15, 2004, the Contract completion date. The construction was subsequently suspended on November 11, 2004, due to the end of the 2004 building season in the Tahoe Basin; June Project; The District and Cox & Cox entered into a settlement agreement, dated ,2005 (Settlement Agreement) with respect to their disputes concerning the F. In accordance with the Settlement Agreement, Cox & Cox' further performance of the Contract is being terminated for convenience concurrently with the parties' execution of this Assignment. The District shall be responsible for any further performance of the Contract including completion of the Project by such means and methods as the District determines appropriate; G. In order to complete the Project, the District has determined that the services of another general contractor are necessary for performing the remaining scope of work for the Project. Consequently, the District and Garcia have negotiated the terms and conditions under which Garcia will complete performance of the Contract as the general contractor; and, H. Cox & Cox agrees to irrevocably assign the Contract to Garcia, Garcia agrees to irrevocably accept such assignment of the Contract from Cox & Cox, and the District consents to and irrevocably accepts such assignment, pursuant to the terms and conditions of this Assignment. SB 374696 v4:007627.0126 2288.001 271830.2 WORD NOW, THEREFORE, the parties agree as follows: 1. Assignment. Cox & Cox irrevocably assigns, transfers and conveys any and all of its rights and obligations pursuant to the Contract, and Garcia irrevocably accepts and assumes such assignment, subject to the terms and conditions of this Assignment. 2. Exemption from Liabili .ty. a. Cox & Cox. Notwithstanding this Assignment, Cox & Cox, its performance and/or payment bond surety, as well as any of their respective agents, employees, insurers, shareholders, attorneys and representatives, shall not have any responsibility or liability for the work performed by Garcia (or on its behalf) on the Project after the effective date of this Assignment. b. Garcia. Garcia, its performance and/or payment bond surety, as well as any of their respective agents, employees, insurers, shareholders, attorneys and representatives, shall not have, as a result of this Assignment, any greater, lesser or modified liability or responsibility for the work performed by Cox & Cox (or on its behalf) on the Project prior to the effective date of this Assignment. c. Scope of Exemption. The rights and responsibilities of Cox & Cox and Garcia, with respect to each other, for conduct occurring prior to the effective date of this Assignment shall remain unaltered by this Assignment. d. Representation and warranty. The District represents to Cox & Cox and Garcia that no work has been performed on the Project after November 11, 2004. 3. Indemnification a. Cox & Cox. Cox & Cox shall indemnify, defend and hold harmless Garcia, its performance and payment bond surety, and their respective officers, directors, insurers, attorneys, representatives, shareholders, agents and employees, from and against all claims, damages, losses, liabilities and expenses, including attorneys' fees and costs, which arise out of, relate to or result from Cox & Cox's performance of the Contract and work performed on the Project prior to the effective date of this Assignment, except with respect to work performed and/or materials, equipment and supplies by or on behalf of Garcia for Cox & Cox prior to November 11, 2004, and Cox and Cox's breach of this Assignment. b. Garcia. Garcia shall indemnify, defend and hold harmless Cox & Cox, and its performance and/or payment bond surety, and their respective officers, directors, insurers, attorneys, representatives, shareholders, agents and employees, from and against any and all claims, damages, losses, liabilities and expenses, including SB 374696 v4:007627.0126 2288.001 271830.2 WORD attomeys' fees and costs, which arise out of, relate to or result from Garcia's performance of the Contract and work performed on the Project after the effective date of this Assignment and Garcia's breach of this Assignment. 4. Subcontract. Cox & Cox and Garcia agree that their respective further performance obligations under the Subcontract shall be terminated as of the effective date of this Assignment but that this Assignment shall not release or discharge Cox & Cox or Garcia from their respective duties, obligations and liabilities to each other under the Subcontract, whether such duty, obligation or liability occurs before or after the effective date of this Assignment, including but not limited to insurance and/or indemnity obligations. Garcia's scope of work pursuant to the Subcontract shall be incorporated into the Contract by the change order referenced in Section 6, below. 5. Uncompleted Work. The remaining work to be completed on the Project generally consists of installation of manholes and other appurtenances along the pipeline, construction of a bridge, including creek diversion, creek restoration, grading and construction of a road, finish grading and placement of boulders and logs along the pipeline route, re-vegetation of the pipeline route, best management practices for erosion control, site clean-up and maintenance an re-vegetation maintenance (collectively Uncompleted Work). 6. Change Order. Concurrently with the parties' execution of this Assignment, the District and Garcia are entering into a change order to modify the Contract with respect to the Uncompleted Work, the cost for completing the Uncompleted Work, and such other terms and conditions as mutually agreed between the District and Garcia (Collectively "Change Order"). 7. Submittals. Prior to commence of construction of the Project by Garcia, as the general contractor, Garcia shall submit to the District performance and payment bonds in an amount equal to the cost to complete the Project, insurance policies, endorsement and certificates, construction schedule and such other submittals as required by and in conformance with the Contract for the remaining scope of work on the Project. 8. Force and Effect. Except as modified by this Assignment, the Contract shall continue in full force and effect. 9. Conflicts. In the event of a conflict between this Assignment and the Contract, the terms and conditions of this Assignment shall control in all respects. 10. General Provisions. a. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Assignment, provided that the SB 374696 v4:007627.0126 2288.001 271830.2 WORD requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees). b. Authority. The individuals executing this Assignment represent and warrant that they have the authority to enter into this Assignment and to perform all acts required by this Assignment pursuant to authorized and valid resolution(s) of the governing body for the party which they represent, 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 Assignment. c. Construction. The provisions of this Assignment should be liberally construed to effectuate its purposes. The language of all parts of this Assignment 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. d. Successors and Assigns. This Assignment shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. e. Governing Law. The validity and interpretation of this Assignment shall be governed by the laws of the State of California, with venue for all purposes to be proper only in the Superior Court for E1 Dorado County, Placerville Branch, State of California. 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: District South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Attn: General Manager With a copy to: Gary Kvistad, Esq. Hatch & Parent 21 East Carfillo Street Santa Barbara, California 93101 SB 374696 v4:007627.0126 4 2288.001 271830.2 WORD To: Cox & Cox With a copy to: To: Garcia With Copy to: Cox & Cox Construction, Inc. P.O. Box 922588 6591 East Side Road Redding, CA 96003 D. Michael Schoenfeld Murphy Austin Adams Schoenfeld LLP 1000 G Street, Third Floor Sacramento, CA 95814 Don Garcia Excavating & Paving, Inc. P.O. Box 7176 South Lake Tahoe, CA 96158 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. g. Severability. If any term, provision, covenant or condition of this Assignment is determined to be unenforceable by a court of competent jurisdiction, it is the parties' intent that the remaining provisions of this Assignment shall remain in full force and effect and shall not be affected, impaired or invalidated by such a determination. h. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Assignment, the prevailing party shall be entitled to recover actual attorneys' fees which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees to be awarded shall be made to fully reimburse for all attorneys', paralegal and experts' 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', paralegal and experts' fees, costs and expenses paid or incurred in good faith. i. Effect of Execution by FAX. The signature of any party to this Assignment appearing on a facsimile copy (FAX) of this Assignment shall constitute and be deemed the equivalent of an original signature of the person on behalf of the party for SB 374696 v4:007627.0126 2288.001 271830.2 WORD which that person signed. Any party submitting a FAX signature to this Assignment shall, within seven (7) days after signature, provide his or her original signature page to Gary M. Kvistad, Hatch and Parent, 21 East Carfillo Street, Santa Barbara, California. Failure by any party to forward his or her original signature within the seven (7) day period shall not impair or invalidate the effectiveness of this Assignment. j. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. k. Entire Agreement and Amendment. This Assignment contains the entire understanding and agreement of the parties with respect to the matters considered, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Assignment. This Assignment may be altered, amended or modified only by an instrument in writing, executed by the parties to this Assignment and by no other means. Each party waives their future right to claim, contest or assert that this Assignment was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first stated above. GARCIA Don Garcia Excavating and Paving, Inc. COX & COX Cox & Cox Construction, Inc. By: _, President By: , President CONSENT TO ASSIGNMENT The District accepts and consents to the above-described Assignment of the Contract from Cox & Cox to Garcia pursuant to the terms and conditions of the Assignment. DISTRICT South Tahoe Public Utility District By: Eric Schafer, Board President 6 SB 374696 v4:007627.0126 2288.001 271830.2 WORD ATTEST: By: Kathy Sharp, Clerk of the Board/ Executive Secretary SB 374696 v4:007627.0126 2288.001 271830.2 WORD ASSIGNMENT OF CONSTRUCTION SUBCONTRACT This Assignment of Construction Subcontract (Assignment) is entered into on this day of June, 2005, by and between Cox & Cox Construction, Inc., a California corporation (Cox & Cox), Garcia Excavation and Paving, Inc., a California corporation (Garcia), and R. E. McCollum, Inc., a California corporation (McCollum), at South Lake Tahoe, California, with reference to the following facts and intentions: A. On November 19, 2003, the District invited bids from contractors to perform certain construction work related to replacing a portion of the District's export pipeline, commonly described as "B-Line Replacement Project Phase 3" (Project); B. Cox & Cox was the low bidder for the Project and the District awarded construction of the Project to Cox & Cox. The District and Cox & Cox entered into a contract, dated December 18, 2003, and subsequently modified by change orders (collectively "Contract"), for construction of the Project; C. Cox & Cox entered into a subcontract with McCollum (Subcontract) with respect to performance of certain bridge construction services for the Project, a copy of the Subcontract is attached as Exhibit A, which is incorporated by this reference; D. The Project construction was not complete by October 15, 2004, the Contract completion date. The construction was subsequently suspended on November 11, 2004, due to the end of the 2004 building season in the Tahoe Basin; E. The District and Cox & Cox entered into a settlement agreement, dated June __, 2005 (Settlement Agreement) with respect to their disputes concerning the Project; F. In accordance with the Settlement Agreement, Cox & Cox' further performance of the Contract is being terminated for convenience concurrently with the parties' execution of this Assignment. The District will be responsible for any further performance of the Contract including completion of the Project by such means and methods as the District determines appropriate; G. In order to complete the Project, the District has determined that the services of another general contractor are necessary for performing the remaining scope of work for the Project. Consequently, the District and Garcia have negotiated the terms and conditions under which Garcia will complete performance of the Contract as the general contractor; and, H. Cox & Cox agrees to irrevocably assign the Subcontract to Garcia, Garcia agrees to irrevocably accept such assignment of the Subcontract from Cox & Cox, and McCollum consents to and irrevocably accepts such assignment, pursuant to the terms and conditions of this Assignment. SB 374699 v4:007627.0126 2288.001 271842.2 WORD NOW, THEREFORE, the parties agree as follows: 1. Assignment. Cox & Cox irrevocably assigns, transfers and conveys any and all of its rights and obligations pursuant to the Subcontract, and Garcia irrevocably accepts and assumes such assignment, subject to the terms and conditions of this Assignment. 2. Amendment. The Subcontract is amended pursuant to the terms and conditions described in the attached Exhibit B, which are incorporated by this reference.. [NOTE: THIS PROVISION WILL ONLY BE USED IF THE SUBCONTRACT IS MODIFIED; OTHERWISE IT WILL BE DELETED] 3. Force and Effect. Except as modified by this Assignment, the Subcontract shall continue in full force and effect. 4. Conflicts. In the event of a conflict between this Assignment and the Subcontract, the terms and conditions of this Assignment shall control in all respects. 5. Covenant. Cox & Cox and McCollum covenant to each other that neither has any claims against the other with respect to the Project or the Subcontract. 6. Release. Except to the extent claims for warranty and/or patent or latent defects are asserted, and/or claims for bodily iniury and/or property damage are asserted by individuals and/or entities not a party to this Assignment, ~...,.., ,~.:~....,. ~.-,.,t~x~,,.. ,., ~oJ, Cox & Cox and McCollum on behalf of themselves, their respective heirs, assigns, directors, trustees, shareholders, officers, elected officials, agents, insurers, employees, partners, representatives, attorneys, guarantors, predecessors, and all persons or entities acting by, through, under and in concert with them, fully compromises, settles, releases and forever discharges the other party and their respective heirs, assigns, directors, trustees, shareholders, elected officials, officers, agents, insurers, sureties, employees, partners, representatives, attorneys, guarantors, predecessors, and all persons or entities acting by, through, under and in concert with them, from any and all action or actions, cause or causes of action, at law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, obligations, damages, losses, costs, or expenses, including attorneys', paralegal and experts' fees, costs and expenses of any nature, known or unknown, fixed or contingent, suspected or unsuspected, which either party may have against the other party by reason of any matter, cause or thing whatsoever from the beginning of time to the date this Assignment is entered into relating to, resulting from or arising out of the Subcontract and the Project (collectively Claims). 7. Unknown Claims a. Waiver. It is a condition of this Assignment, and it is the intention of Cox & Cox and McCollum, and each of them, in executing this Assignment, that the 2 SB 374699 v4:007627.0126 2288.001 271842.2 WORD same shall be effective as a bar to each and every claim, demand, or cause of action specified in this Assignment, except with respect for each other's respective obligations and as otherwise provided in this Assignment. In furtherance of this intention, each of them expressly waives any and all rights and benefits conferred upon said party by the provisions of Section 1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The signatory(ies) for each Cox & Cox and McCollum to this Assignment signifies that they have read California Civil Code Section 1542 and indicates that fact by signing their initials below: McCollum Cox & Cox b. Acknowledgment. Cox & Cox and McCollum understand and acknowledge that the significance and consequences of this waiver of Califomia Civil Code Section 1542 is that even if a party should eventually suffer additional damages arising out of the facts referred to in this Agreement, a party will not be able to make any claims for those damages. Furthermore, each of them acknowledges that it consciously intends these consequences even as to those claims for damages that may exist as of the date of this release, but which it does not know exist and which, if known, would materially affect their decision to execute this release, regardless of whether their lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause. 8. Indemnity. a. Cox & Cox. Cox & Cox shall indemnify, defend and hold harmless the Garcia, its shareholders, directors, officers, agents, consultants, sureties and employees, from and against all any and claims, costs, damages, judgments, awards, losses, liabilities and expenses, including attorneys' fees and costs, which arise out of, relate to or result from McCollum's work on the Project pursuant to the Subcontract prior to the effective date of this Assignment. b. District. :r-he-Garcia shall indemnify, defend and hold harmless Cox & Cox, its shareholders, directors, officers, agents, consultants, sureties and employees, from and against any and all claims, costs, damages, judgments, awards, losses, liabilities and expenses, including attorneys fees and costs, which arise out of, relate to or result from McCollum's work on the Project pursuant to the Subcontract after the effective date of this Assignment. SB 374699 v4:007627.0126 2288.001 271842.2 WORD 9. General Provisions. a. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Assignment, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees). b. Authority. The individuals executing this Assignment represent and warrant that they have the authority to enter into this Assignment and to perform all acts required by this Assignment pursuant to authorized and valid resolution(s) of the goveming body for the party which they represent, 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 Assignment. c. Construction. The provisions of this Assignment should be liberally construed to effectuate its purposes. The language of all parts of this Assignment 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. d. Successors and Assigns. This Assignment shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. e. Governing Law. The validity and interpretation of this Assignment shall be governed by the laws of the State of California, with venue for all purposes to be proper only in the Superior Court for E1 Dorado County, Placerville Branch, State of California. f. 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: Cox & Cox Cox & Cox Construction, Inc. P.O. Box 922588 6591 East Side Road Redding, CA 96003 4 SB 374699 v4:007627.0126 2288.001 271842.2 WORD With a copy to: To: Garcia With copy to: D. Michael Schoenfeld Murphy Austin Adams Schoenfeld LLP 1000 G Street, Third Floor Sacramento, CA 95814 Don Garcia Excavating & Paving, Inc. P.O. Box 7176 South Lake Tahoe, CA 96158 To: McCollum With copy to: R. E. McCollum. Inc. 13515 Pleasant Lane Grass Valley, CA 95945 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. g. Severability. If any term, provision, covenant or condition of this Assignment is determined to be unenforceable by a court of competent jurisdiction, it is the parties' intent that the remaining provisions of this Assignment shall remain in full force and effect and shall not be affected, impaired or invalidated by such a determination. h. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Assignment, the prevailing party shall be entitled to recover actual attorneys' fees which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees to be awarded shall be made to fully reimburse for all attorneys', paralegal and experts' 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', paralegal and experts' fees, costs and expenses paid or incurred in good faith. SB 374699 v4:007627.0126 2288.001 271842.2 WORD i. Effect of Execution by FAX. The signature of any party to this Assignment appearing on a facsimile copy (FAX) of this Assignment shall constitute and be deemed the equivalent of an original signature of the person on behalf of the party for which that person signed. Any party submitting a FAX signature to this Assignment shall, within seven (7) days after signature, provide his or her original signature page to D. Michael Schoenfeld, Murphy Austin Adams Schoenfeld, LLP, 1000 G Street, Third Floor, Sacramento, CA 95814. Failure by any party to forward his or her original signature within the seven (7) day period shall not impair or invalidate the effectiveness of this Assignment. j. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. k. Entire Agreement and Amendment. This Assignment contains the entire understanding and agreement of the parties with respect to the matters considered, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Assignment. This Assignment may be altered, amended or modified only by an instrument in writing, executed by the parties to this Assignment and by no other means. Each party waives their future right to claim, contest or assert that this Assignment was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 6 SB 374699 v4:007627.0126 2288.001 271842.2 WORD IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first stated above. GARCIA Don Garcia Excavating and Paving, Inc. COX & COX Cox & Cox Construction, Inc. By: By: , President ., President CONSENT TO ASSIGNMENT The McCollum consents to and agrees to be bound by the above-described Assignment of the Subcontract from Cox & Cox to Garcia pursuant to the terms and conditions of the Assignment. McCOLLUM R. E. McCollum. Inc. By:. , President SB 374699 v4:007627.0126 2288.001 271842.2 WORD ASSIGNMENT OF CONSTRUCTION SUBCONTRACT This Assignment of Construction Subcontract (Assignment) is entered into on this day of June, 2005, by and between Cox & Cox Construction, Inc., a California corporation (Cox & Cox), Garcia Excavation and Paving, Inc., a California corporation (Garcia), and Kelley Erosion Control, Inc., a California corporation (KEC), at South Lake Tahoe, California, with reference to the following facts and intentions: A. On November 19, 2003, the District invited bids from contractors to perform certain construction work related to replacing a portion of the District's export pipeline, commonly described as "B-Line Replacement Project Phase 3" (Project); B. Cox & Cox was the low bidder for the Project and the District awarded construction of the Project to Cox & Cox. The District and Cox & Cox entered into a contract, dated December 18, 2003, and subsequently modified by change orders (collectively "Contract"), for construction of the Project; C. Cox & Cox entered into a subcontract with KEC (Subcontract) with respect to performance of certain revegetation and maintenance services for the Project, a copy of the Subcontract is attached as Exhibit A, which is incorporated by the reference; D. The Project construction was not complete by October 15, 2004, the Contract completion date. The construction was subsequently suspended on November 11, 2004, due to the end of the 2004 building season in the Tahoe Basin; E. The District and Cox & Cox entered into a settlement agreement, dated June _, 2005 (Settlement Agreement) with respect to their disputes conceming the Project; F. In accordance with the Settlement Agreement, Cox & Cox' further performance of the Contract is being terminated for convenience concurrently with the parties' execution of this Assi~-nent. The District shall be responsible for any further performance of the Contract including completion of the Project by such means and methods as the District determines appropriate; G. In order to complete the Project, the District has determined that the services of another general contractor are necessary for performing the remaining scope of work for the Project. Consequently, the District and Garcia have negotiated the terms and conditions under which Garcia will complete performance of the Contract as the general contractor; and, H. Cox & Cox agrees to irrevocably assign the Subcontract to Garcia, Garcia agrees to irrevocably accept such assignment of the Subcontract from Cox & Cox, and KEC consents to and irrevocably accepts such assignment, pursuant to the terms and conditions of this Assigmnent. SB 374697 v4:007627.0126 2288.001 271832.2 WORD NOW, THEREFORE, the parties agree as follows: 1. Assignment. Cox & Cox irrevocably assigns, transfers and conveys any and all of its rights and obligations pursuant to the Subcontract, and Garcia irrevocably accepts and assumes such assignment, subject to the terms and conditions of this Assignment. 2. Amendment. The Subcontract is amended pursuant to the terms and conditions described in the attached Exhibit B, which are incorporated by this reference. [NOTE: THIS PROVISION WILL ONLY BE USED IF THE SUBCONTRACT IS MODIFIED; OTHERWISE IT WILL BE DELETED] 3. Force and Effect. Except as modified by this Assignment, the Subcontract shall continue in full force and effect. 4. Conflicts. In the event of a conflict between this Assignment and the Subcontract, the terms and conditions of this Assignment shall control in all respects. 5. Covenant. Cox & Cox and KEC covenant to each other that neither has any claims against the other with respect to the Project or the Subcontract. 6. Release. Except to the extent claims for warranty and/or patent or latent defects are asserted, and/or claims for bodily injury and/or property damage are asserted by_ individuals and/or entities not a party to this Assigounent, *'-~,.~ ~,~..~ ...... ~,~,~'~'~'~.~'t~o~, Cox & Cox and KEC on behalf of themselves, their respective heirs, assigns, directors, trustees, shareholders, officers, elected officials, agents, insurers, employees, partners, representatives, attorneys, guarantors, predecessors, and all persons or entities acting by, through, under and in concert with them, fully compromises, settles, releases and forever discharges the other party and their respective heirs, assigns, directors, trustees, shareholders, elected officials, officers, agents, insurers, sureties, employees, partners, representatives, attorneys, guarantors, predecessors, and all persons or entities acting by, through, under and in concert with them, from any and all action or actions, cause or causes of action, at law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, obligations, damages, losses, costs, or expenses, including attorneys', paralegal and experts' fees, costs and expenses of any nature, known or unknown, fixed or contingent, suspected or unsuspected, which either party may have against the other party by reason of any matter, cause or thing whatsoever from the beginning of time to the date this Assignment is entered into relating to, resulting from or arising out of the Subcontract and the Project (collectively Claims). 7. Unknown Claims a. Waiver. It is a condition of this Assignment, and it is the intention of Cox & Cox and KEC, and each of them, in executing this Assignment, that the same shall be effective as a bar to each and every claim, demand, or cause of action specified 2 SB 374697 v4:007627.0126 2288.001 271832.2 WORD in this Assignment, except with respect for each other's respective obligations and as otherwise provided in this Assignment. In furtherance of this intention, each of them expressly waives any and all rights and benefits conferred upon said party by the provisions of Section 1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The signatory(ies) for each Cox & Cox and KEC to this Assignment signifies that they have read California Civil Code Section 1542 and indicates that fact by signing their initials below: KEC Cox & Cox b. Acknowledgment. Cox & Cox and KEC understands and acknowledges that the significance and consequences of this waiver of California Civil Code Section 1542 is that even if a party should eventually suffer additional damages arising out of the facts referred to in this Agreement, a party will not be able to make any claims for those damages. Furthermore, each of them acknowledges that it consciously intends these consequences even as to those claims for damages that may exist as of the date of this release, but which it does not know exist and which, if known, would materially affect their decision to execute this release, regardless of whether their lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause. 8. Indemnity. a. Cox & Cox. Cox & Cox shall indemnify, defend and hold harmless the Garcia, its shareholders, directors, officers, agents, consultants, sureties and employees, from and against all any and claims, costs, damages, judgments, awards, losses, liabilities and expenses, including attorneys' fees and costs, which arise out of, relate to or result from KEC's work on the Project pursuant to the Subcontract prior to the effective date of this Assignment. b. District. :gh~-Garcia shall indemnify, defend and hold harmless Cox & Cox, its shareholders, directors, officers, agents, consultants, sureties and employees, from and against any and all claims, costs, damages, judgments, awards, losses, liabilities and expenses, including attorneys fees and costs, which arise out of, relate to or result from KEC's work on the Project pursuant to the Subcontract after the effective date of this Assignment. SB 374697 v4:007627.0126 2288.001 271832.2 WORD 9. General Provisions. a. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Assignment, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees). b. Authority. The individuals executing this Assignment represent and warrant that they have the authority to enter into this Assignment and to perform all acts required by this Assignment pursuant to authorized and valid resolution(s) of the governing body for the party which they represent, 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 Assignment. c. Construction. The provisions of this Assignment should be liberally construed to effectuate its purposes. The language of all parts of this Assignment 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. d. Successors and Assigns. This Assignment shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. e. Governing Law. The validity and interpretation of this Assignment shall be governed by the laws of the State of Califomia, with venue for all purposes to be proper only in the Superior Court for E1 Dorado County, Placerville Branch, State of California f. 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: Cox & Cox Cox & Cox Construction, Inc. P.O. Box 922588 6591 East Side Road Redding, CA 96003 SB 374697 v4:007627.0126 2288.001 271832.2 WORD With a copy to: To: Garcia With copy to: D. Michael Schoenfeld Murphy Austin Adams Schoenfeld LLP 1000 G Street, Third Floor Sacramento, CA 95814 Don Garcia Excavating & Paving, Inc. P.O. Box 7176 South Lake Tahoe, CA 96158 To: KEC With copy to: Kelley Erosion Control. Inc. 2395-B Tampa Street Reno, NV 89512 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. g. Severability. If any term, provision, covenant or condition of this Assignment is determined to be unenforceable by a court of competent jurisdiction, it is the parties' intent that the remaining provisions of this Assignment shall remain in full force and effect and shall not be affected, impaired or invalidated by such a determination. h. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Assignment, the prevailing party shall be entitled to recover actual attorneys' fees which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees to be awarded shall be made to fully reimburse for all attorneys', paralegal and experts' 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', paralegal and experts' fees, costs and expenses paid or incurred in good faith. SB 374697 v4:007627.0126 2288.001 271832.2 WORD i. Effect of Execution by FAX. The signature of any party to this Assignment appearing on a facsimile copy (FAX) of this Assignment shall constitute and be deemed the equivalent of an original signature of the person on behalf of the party for which that person signed. Any party submitting a FAX signature to this Assignment shall, within seven (7) days after signature, provide his or her original signature page to D. Michael Schoenfeld, Murphy Austin Adams Schoenfeld, LLP, 1000 G Street, Third Floor, Sacramento, CA 95814. Failure by any party to forward his or her original signature within the seven (7) day period shall not impair or invalidate the effectiveness of this Assignment. j. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. k. Entire Agreement and Amendment. This Assignment contains the entire understanding and agreement of the parties with respect to the matters considered, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Assignment. This Assignment may be altered, amended or modified only by an instrument in writing, executed by the parties to this Assignment and by no other means. Each party waives their future right to claim, contest or assert that this Assignment was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. SB 374697 v4:007627.0126 6 2288.001 271832.2 WORD IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first stated above. GARCIA Don Garcia Excavating and Paving, Inc. COX & COX Cox & Cox Construction, Inc. By: By: , President ., President CONSENT TO ASSIGNMENT The KEC consents to and agrees to be bound by the above-described Assignmem of the Subcontract from Cox & Cox to Garcia pursuant to the terms and conditions of the Assignment. KEC Kelley Erosion Control. Inc. By: ., President SB 374697 v4:007627.0126 2288.001 271832.2 WORD ASSIGNMENT OF CONSTRUCTION SUBCONTRACT This Assignment of Construction Subcontract (Assignment) is entered into on this day of June, 2005, by and between Cox & Cox Construction, Inc., a California corporation (Cox & Cox), Garcia Excavation and Paving, Inc., a California corporation (Garcia), and Ed Cook Tree Service, LLC (Cook), at South Lake Tahoe, California, with reference to the following facts and intentions: A. On November 19, 2003, the District invited bids from contractors to perform certain construction work related to replacing a portion of the District's export pipeline, commonly described as "B-Line Replacement Project Phase 3" (Project); B. Cox & Cox was the low bidder for the Project and the District awarded construction of the Project to Cox & Cox. The District and Cox & Cox entered into a contract, dated December 18, 2003, and subsequently modified by change orders (collectively "Contract"), for construction of the Project; C. Cox & Cox entered into a subcontract with Cook (Subcontract) with respect to performance of certain tree cutting and removal services for the Project, a copy of the Subcontract is attached as Exhibit A, which is incorporated by the reference; D. The Project construction was not complete by October 15, 2004, the Contract completion date. The construction was subsequently suspended on November 11, 2004, due to the end of the 2004 building season in the Tahoe Basin; E. The District and Cox & Cox entered into a settlement agreement, dated June _, 2005 (Settlement Agreement) with respect to their disputes concerning the Project; F. In accordance with the Settlement Agreement, Cox & Cox' further performance of the Contract is being terminated for convenience concurrently with the parties' execution of this Assignment. The District shall be responsible for any further performance of the Contract including completion of the Project by such means and methods as the District determines appropriate; G. In order to complete the Project, the District has determined that the services of another general contractor are necessary for performing the remaining scope of work for the Project. Consequently, the District and Garcia have negotiated the terms and conditions under which Garcia will complete performance of the Contract as the general contractor; and, H. Cox & Cox agrees to irrevocably assign the Subcontract to Garcia, Garcia agrees to irrevocably accept such assignment of the Subcontract from Cox & Cox, and Cook consents to and irrevocably accepts such assignment, pursuant to the terms and conditions of this Assilounent. SB 375267 v1:007627.0126 2288.001 271832.2 WORD NOW, THEREFORE, the parties agree as follows: 1. Assignment. Cox & Cox irrevocably assigns, transfers and conveys any and all of its fights and obligations pursuant to the Subcontract, and Garcia irrevocably accepts and assumes such assignment, subject to the terms and conditions of this Assignment. 2. Amendment. The Subcontract is amended pursuant to the terms and conditions described in the attached Exhibit B, which are incorporated by this reference. [NOTE: THIS PROVISION WILL ONLY BE USED IF THE SUBCONTRACT IS MODIFIED; OTHERWISE IT WILL BE DELETED] 3. Force and Effect. Except as modified by this Assignment, the Subcontract shall continue in full force and effect. 4. Conflicts. In the event of a conflict between this Assignment and the Subcontract, the terms and conditions of this Assignment shall control in all respects. 5. Covenant. Cox & Cox and Cook covenant to each other that neither has any claims against the other with respect to the Project or the Subcontract. 6. Release. Except to the extent claims for warranty and/or patent or latent defects are asserted, and/or claims for bodily injury and/or property damage are asserted by individuals and/or entities not a party to this Assignment, Cox & Cox and Cook on behalf of themselves, their respective heirs, assigns, directors, trustees, shareholders, officers, elected officials, agents, insurers, employees, partners, representatives, attorneys, guarantors, predecessors, and all persons or entities acting by, through, under and in concert with them, fully compromises, settles, releases and forever discharges the other party and their respective heirs, assigns, directors, trustees, shareholders, elected officials, officers, agents, insurers, sureties, employees, partners, representatives, attorneys, guarantors, predecessors, and all persons or entities acting by, through, under and in concert with them, from any and all action or actions, cause or causes of action, at law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, obligations, damages, losses, costs, or expenses, including attorneys', paralegal and experts' fees, costs and expenses of any nature, known or unknown, fixed or contingent, suspected or unsuspected, which either party may have against the other party by reason of any matter, cause or thing whatsoever from the beginning of time to the date this Assignment is entered into relating to, resulting from or arising out of the Subcontract and the Project (collectively Claims). 7. Unknown Claims a. Waiver. It is a condition of this Assignment, and it is the intention of Cox & Cox and Cook, and each of them, in executing this Assignment, that the same shall be effective as a bar to each and every claim, demand, or cause of action specified 2 SB 375267 v1:007627.0126 2288.001 271832.2 WORD in this Assignment, except with respect for each other's respective obligations and as otherwise provided in this Assignment. In furtherance of this intention, each of them expressly waives any and all rights and benefits conferred upon said party by the provisions of Section 1542 of the Califomia Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The signatory(ies) for each Cox & Cox and Cook to this Assignment signifies that they have read California Civil Code Section 1542 and indicates that fact by signing their initials below: Cook Cox & Cox b. Acknowledgment. Cox & Cox and Cook understands and acknowledges that the significance and consequences of this waiver of California Civil Code Section 1542 is that even if a party should eventually suffer additional damages arising out of the facts referred to in this Agreement, a party will not be able to make any claims for those damages. Furthermore, each of them acknowledges that it consciously intends these consequences even as to those claims for damages that may exist as of the date of this release, but which it does not know exist and which, if known, would materially affect their decision to execute this release, regardless of whether their lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause. 8. Indemnity. a. Cox & Cox. Cox & Cox shall indemnify, defend and hold harmless the Garcia, its shareholders, directors, officers, agents, consultants, sureties and employees, from and against all any and claims, costs, damages, judgments, awards, losses, liabilities and expenses, including attorneys' fees and costs, which arise out of, relate to or result from Cook's work on the Project pursuant to the Subcontract prior to the effective date of this Assignment. b. District. Garcia shall indemnify, defend and hold harmless Cox & Cox, its shareholders, directors, officers, agents, consultants, sureties and employees, from and against any and all claims, costs, damages, judgments, awards, losses, liabilities and expenses, including attorneys fees and costs, which arise out of, relate to or result from Cook's work on the Project pursuant to the Subcontract after the effective date of this Assignment. SB 375267 v1:007627.0126 2288.001 271832.2 WORD 9. General Provisions. a. Cooperation. The parties shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Assignment, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attomeys' fees). b. Authority. The individuals executing this Assignment represent and warrant that they have the authority to enter into this Assignment and to perform all acts required by this Assignment pursuant to authorized and valid resolution(s) of the governing body for the party which they represent, 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 Assignment. c. Construction. The provisions of this Assignment should be liberally construed to effectuate its purposes. The language of all parts of this Assignment 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. d. Successors and Assigns. This Assignment shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. e. Governing Law. The validity and interpretation of this Assignment shall be governed by the laws of the State of California, with venue for all purposes to be proper only in the Superior Court for E1 Dorado County, Placerville Branch, State of California fi 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: Cox & Cox Cox & Cox Construction, Inc. P.O. Box 922588 6591 East Side Road Redding, CA 96003 4 SB 375267 v1:007627.0126 2288.001 271832.2 WORD With a copy to: To: Garcia With copy to: D. Michael Schoenfeld Murphy Austin Adams Schoenfeld LLP 1000 G Street, Third Floor Sacramento, CA 95814 Don Garcia Excavating & Paving, Inc. P.O. Box 7176 South Lake Tahoe, CA 96158 To: Cook Ed Cook Tree Service, LLC With copy to: 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. g. Severability. If any term, provision, covenant or condition of this Assignment is determined to be unenforceable by a court of competent jurisdiction, it is the parties' intent that the remaining provisions of this Assignment shall remain in full force and effect and shall not be affected, impaired or invalidated by such a determination. h. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Assignment, the prevailing party shall be entitled to recover actual attorneys' fees which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees to be awarded shall be made to fully reimburse for all attorneys', paralegal and experts' 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', paralegal and experts' fees, costs and expenses paid or incurred in good faith. 5 SB 375267 v1:007627.0126 2288.001 271832.2 WORD i. Effect of Execution by FAX. The signature of any party to this Assignment appearing on a facsimile copy (FAX) of this Assignment shall constitute and be deemed the equivalent of an original signature of the person on behalf of the party for which that person signed. Any party submitting a FAX signature to this Assignment shall, within seven (7) days after signature, provide his or her original signature page to D. Michael Schoenfeld, Murphy Austin Adams Schoenfeld, LLP, 1000 G Street, Third Floor, Sacramento, CA 95814. Failure by any party to forward his or her original signature within the seven (7) day period shall not impair or invalidate the effectiveness of this Assignment. j. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. k. Entire Agreement and Amendment. This Assignment contains the entire understanding and agreement of the parties with respect to the matters considered, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Assignment. This Assignment may be altered, amended or modified only by an instrument in writing, executed by the parties to this Assignment and by no other means. Each party waives their future right to claim, contest or assert that this Assignment was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first stated above. GARCIA Don Garcia Excavating and Paving, Inc. COX & COX Cox & Cox Construction, Inc. By: By: , President , President 6 SB 375267 v1:007627.0126 2288.001 271832.2 WORD CONSENT TO ASSIGNMENT The Cook consents to and agrees to be bound by the above-described Assignment of the Subcontract from Cox & Cox to Garcia pursuant to the terms and conditions of the Assignment. Cook Ed Cook Tree Service, LLC By: , President SB 375267 vi :007627.0126 2288.001 271832.2 WORD SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" ADDENDUM NO. 1 Note: This item was received subsequent to the Regular Board Meeting Agenda being posted. It will require a separate vote with 2/3 Board approval to add it to the Agenda for discussion/action. REGULAR BOARD MEETING ,AGENDA Thursday, July 7, 2005 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Richard Solbri~, General Manager Eric W, Schafer, President Paul Sciuto, Assistant Manager BOARD MEMBERS Duane Wallace, Vice president Mary Lou Mosbacher, Director James R. Jones, Director Tom Comte, Director ITEMS FOR BOARD ACTION 2005 Johnson Boulevard Waterline (Jim Hoggatt) REQUESTED BOARD ACTION Award Bid to the Lowest Responsive, Responsible Bidder, White Rock Construction, Inc., in the Amount of $672,450.15 South Tahoe Public Utility District General Manager Kichard Iq. Solbrlg D~-ec~ors Tom Comte James I~. Jone~ Mar~ Lou Mosbacher Duane Wallace Eric 5chafer 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 TO: FROM: MEETING DATE: Board of Directors Jim Hoggatt, Engineering Department Manager July 7, 2005 ITEM - PROJECT NAME: 2005 Johnson Boulevard Waterline Project REQUESTED BOARD ACTION: Award bid to the lowest responsive, responsible bidder, White Rock Construction, Inc., in the amount of $672,450.15. DISCUSSION: Staff received the following two bids for the Johnson Boulevard Waterline Project: White Rock Construction, Inc., $672,450.15. CB Ebright $790,552.50. The engineer's estimate for this project was $721,000.00, and the amount in the approved budget is $750,000.00. Staff recommends awarding the bid to White Rock Construction, Inc. SCHEDULE: As soon as possible COSTS: $672,450.15 ACCOUNT NO: 2029-8692/JOHNSN BUDGETED AMOUNT REMAINING: $750,000.00 ATTACHMENTS: Bid summary CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO CATEGORY: Water South Tahoe Public .Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Telephone: (530)544-6474 Fax: (530)541-0614 Ivlemorandum Date: To:. From: Subiect: .]uly 6, 2005 Board Members, Richard $olbrig, Paul A. Sciuto Heidi Donovani Contracts Administrator 2005 .]OHNSON BOULEVARD WATERLINE Proiect At 2:00 o'clock on the afternoon of July 6, we received and opened two (2) sealed bids for the above-referenced project. The bids were $790,552.60 and $672,450.15. The engineer's estimate was $720,000. A careful review and analysis of each bid showed no deviations on the part of either bidder. See attached spreadsheet for bid summary. White Rock Construction, Inc. is the apparent Iow bidder. I contacted the Contractors License Board and was given the following information: White Rock Construction, Inc: License Number 640958 is current and active and expires 7/31/06. The company is a corporation. White Rock Construction, Inc. holds a Class A - General Engineering Contractor license. South Tahoe Public Utility District · 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 Phone 530.544.6474 · Facsimile 530.541.0614 SOUTH TAHOE PUBLIC UTILITY DISTRICTS 2005 JOHNSON BOULEVARD WATERLINE PROJECT • 12ProjectForms.xlsBidSummary Engineer's Est. CB Ebright Co. Inc. White Rock Construction Inc. Item Description Unit QTY Amount Unit Price Amount Unit Price Amount $25,000.00 1 Mobe and Demobe, cleanup LS 1 $58,360.00 $31,460.00 $31,460.00 $25,000.00 2 Traffic Control w /in City ROW LS 1 $20,000.00 $47,400.00 $47,400.00 $52,000.00 $52,000.00 3 Erosion Control, provide, install, maintain LS 1 $5,000.00 $6,000.00 $6,000.00 $2,500.00 $2,500.00 4A Eight inch diam. DIP or PVC water main LF 3,115 $233,625.00 $100.00 $311,500.00 $90.50 $281,907.50 5A 3/4" water services EA 24 $24,000.00 $3,330.00 $79,920.00 $1,600.00 $38,400.00 5B 1" water services EA 1 $1,300.00 $3,480.00 $3,480.00 $1,950.00 $1,950.00 5C 2" water services EA 1 $1,700.00 $4,800.00 $4,800.00 $1,700.00 $1,700.00 6 Sta 19 +00 R 3/4" water meter installation EA 1 $1,000.00 $1,200.00 $1,200.00 $1,850.00 $1,850.00 7 Sta 22 +46 2" water meter installation EA 1 $1,700.00 $2,400.00 $2,400.00 $4,500.00 $4,500.00 8 Fire hydrants per Std DU Drwg, 6" dia piping, valve, valve box, etc., provide & install EA 6 $24,000.00 $5,200.00 $31,200.00 $5,400.00 $32,400.00 2" thick asphalt pavement trench replacement w /in City ROW below 2" thick mill and overlay SF 6,255 $31,275.00 $4.00 $25,020.00 $4.25 $26,583.75 10 2" thick asphalt pavement mill & overlay w /in city ROW, incl. Removal and disposal of excess materials SF 50,817 $254,085.00 $2.50 $127,042.50 $2.70 $137,205.90 Pipeline existing smaller covers, installation and interties of new water main to water main, incl. Provide & install all valves, 8" and pipes, fittings, excavation, bedding, valve boxes & backfill (incl slurry), compaction, etc. $0.00 $0.00 11 Sta 1 +00 LS 1 $1,000.00 $6,000.00 $6,000.00 $1,650.00 $1,650.00 12 Sta 3 +69 LS 1 $4,000.00 $7,800.00 $7,800.00 $4,500.00 $4,500.00 13 Sta 5 +36 LS 1 $4,000.00 $7,800.00 $7,800.00 $4,500.00 $4,500.00 14 Sta 12 +86 LS 1 $4,000.00 $7,800.00 $7,800.00 $4,500.00 $4,500.00 15 Sta 22 +51 LS 1 $6,000.00 $11,640.00 $11,640.00 $8,000.00 $8,000.00 16 Sta 32 +15 LS 1 $6,000.00 $18,000.00 $18,000.00 $8,000.00 $8,000.00 12ProjectForms.xlsBidSummary SOUTH TAHOE PUBLIC UTILITY DISTRICT'S 2005 JOHNSON BOULEVARD WATERLINE PROJECT • 17 Concrete encasement of new 8" water main LF 66 $1,980.00 $60.00 $3,960.00 $33.00 $2,178.00 18 Abandon existing water mains EA 2 $1,350.00 $1,800.00 $3,600.00 $500.00 $1,000.00 19 Replace concrete sidewalk & curb LF 240 $19,200.00 $144.00 $34,560.00 $100.00 $24,000.00 20 Demo & properly dispose of existing 8" water main from Sta 28 +50 to Sta 32 +15 LF 365 $10,950.00 $18.00 $6,570.00 $5.00 $1,825.00 21 Lane restriping per CSLT requirements LS 1 $4,000.00 $2,400.00 $2,400.00 $2,000.00 $2,000.00 22 12" sewer force main replacement @ Sta 12 +80 LS 1 $1,475.00 $9,000.00 $9,000.00 $4,300.00 $4,300.00 $720,000.00 $790,552.50 $672,450.15 22ProjectForms.xlsBidSummary LIST OF SUBCONTRACTORS, NAMED EQUIPMENT/MATERIAL SUPPLIERS Bids Opened: July 6, 2005 SOUTH TAHOE PUBLIC UTILITY DISTRICT'S 2005 JOHNSON BOULEVARD WATERLINE PROJECT WHITE ROCK CONSTRUCTION, INC. Subcontractor/Supplier V&C Construction License # 645708 Minden, NV Don Garcia Excavating and Paving License #305618 South Lake Tahoe, CA Western Nevada Bing Materials Tahoe Asphalt Sierra Tahoe Ready Mix Work or Material/Equipment Concrete curb and sidewalk Asphalt Paving Pipe & Fittings Bedding and OPR Base for road section Slurry CB EBRIGHT COMPANY INC. Subcontractor/Supplier Industrial Support License # 609973 Henderson, NV V&C Construction License #645708 Minden, NV Don Garcia Excavating and Paving License #305618 South Lake Tahoe, CA Camellia Valley Supply Work or Material/Equipment Sawcutting Concrete curb and gutter Excavating and paving Pipe and fittings PAYMENT OF CLAIMS FOR APPROVAL July 7, 2005 Action Item 6.c Payroll 6-22-05 Total Payroll 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 Grand Total 355,211.44 355,211.44 39,8O2.87 0.00 39,802.87 656,061.19 1,030,814.79 16,313.25 1,134,350.52 2,837,539.75 3,232,554.06 Payroll EFTs & Checks 6-22-05 EFT CHK EFT CHK CHK EFT EFT CHK EFT CHK AFLAC Medical & Dependent Care CA Employment Taxes & W/H Federal Employment Taxes & W/H CalPERS Contributions John Hancock Pension Loan Pmts Great West Deferred Comp Stationary Engineers Union Dues United Way Contributions Employee Direct Deposits Employee Paychecks Adjustments 2,597.76 14,853.17 85,053.77 2O,527.98 4,838.24 12,962.57 1,513.78 105.00 165,838.47 46,920.70 0.00 To~l 355,211.44 00 South Tahoe P.U.D. 06/30/05 PAYMENT O F CLAIMS R E P O R T 06/17/2005-07/07/2005 THU, 3LN 30, 2005, 9:25 AM - -req: II ESA -- -leg: GL JL - -loo: Q\la1'1E-- - -jcb: 340896 #3353-- - -prog: 09 <1.07>--report id: Default Selection: Check Stock ID: AP ; Check Types: ■W,HW,RV,VH vendor Name Aoaxrt # Deport-rent 3RD GENERATICN DRILL= AFLAC 90 -98 -8828 ECPCIRT PIPELINE GRANT 10 -00 -2538 GOAL & ALNBNISTRATICN A P G ANALYTICAL PR= CROUP 10 -07 -4760 LABCRATCRY 20 -07 -4760 LABURAT A -1 CHEMICAL TTC AERVDE- PACIFIC AIRVAC INC ALPEN SIERRA CUrrrE =PAM. ALPINE Cl NI Y A IvI1N OFFICE ALPINE METALS 10 -00 -0422 COAL & ADM NISIRATICN 10 -00 -6520 COAL & AIIMINISIRATICN 20 -00 -6520 GENERAL & AE IINISIRATICN 10 -00 -0421 GENERAL & ALMINISTRATICN 10 -39 -6077 FINANCE 10 -02 -6051 PUTS 10 -00 -6520 GENERAL & AlTE ISIRATICN 20 -00 -6520 GENERAL & AIIK NISI1 P.TICN 10 -28 -6110 ALPINE CJ3CNIY 10 -05 -6011 EQUIPMENT REPAIR 20 -05 -6011 EQUIPMENT REPAIR 10 -38 -6200 aJETC EP SERVICE Descripticn HEAVE III III LPPS -CAN Check Total : AFLAC rrE ffiJUCTTCN Check Tbtal: LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: JANITORIAL SUPPLIES INVENTOR SUPPLIES SUPPLIES Check Total: SI-DP INVENIORY FREIC T ISCJJ[NIS Total: P NIP SIATTCNS SUPPLIES SUPPLIES NCNITOM:NU EVE AUKNDTIVE Check Total: Check Total: Check 'Ibta1 Check Total: TRAVEL/MEETrn s /ECLIATTCN Amamt Check # Type 75,889.37 75,889.37 110.00 110.00 252.50 222.50 475.00 429.71 177.34 177.33 784.38 265.50 25.92 291.42 1,885.10 1,885.10 112.00 112.00 224.00 10,436.16 10,436.16 9.01 9.01 18.02 121.50 00060294 Ma 00060295 MCI 00060297 Ma 00060298 NW 00060299 Ma 00060300 Ma 00060301 M' 00060302 MAI 00060303 NW S o u t h T a h o e P.U.D. 06/30/05 PAYMENT O F CLAIMS REPORT 06/17 2005 - 07/07/2005 id: THU, JLN 30, 2005, 9:25 AM - -req: 11-1F A-- -lag: GL JL - -loo: CNSf.1E-- - -job: 340896 #J353-- - -picg: 09 <1.077 > -- Default Selecticn: Check Stock ID: AP ; Check Types: MAT,AW,RV,VH Vencbr Narre Account # Department AMERICAN PAYROLL ASS[. N EI SCN AUDIO VIRAL 20 -38 -6200 CUSICMER SERVICE Description 'IRA /Eauna-TCN Check Tbtal: 10 -39 -4830 FIDE SUB CRIPTICNS EZPENSE 20 -39 -4830 FINANCE SUPS RIPf1CNS EXPENSE Check Total: 10 -37 -8593 INFCENATICN SYSTEMS REPL TCN_. DUJIP U- dC Ibtal PIPE, COVERS, & MNEELES Check Total: 10 -00 -2518 GENERAL & AUV NISIRATICN /'IG ELS PAYAE E �R 20 -38 -4405 CUSILP SERVICE SERVICES Check Total: AP3LID PLT_NBIIX Sc HIN, TERRY' S 10 -01 -6052 INDERGRaND REPAIR ARA ARK LNIFCIN SERVICES A R I Z (. N A INSTRLMENT C 2 3{ t P 10 -06 -6030 OPFRATICNS ASStJRANT EMPLOYEE BENEFITS OD 10 -00 -2512 GENERAL & ALNDNISIRATICN ATIANASIO, LACE ATwoJE), FDlATARD AWES OF TPA B 0 C GnsSES 20 -38 -4405 CLEICNER SERVICE 20 -00 -2002 GENERAL & ALMINISTRATICN 10 -21 -6621 AtIVNISIRATICN 20 -21 -6621 AtIvf NISIRATTCN 20 -02 -6050 PUMPS SERVICE CZNIRACTS Check Total: LIFE INEURANCE Check Total: CCN RACILAL SERVICES k Tbfial UTILITY BILLING SCE (heck Total : INCENITVE & RECCENITICN PMR INCENITVE & REECC3VITTCN PR2R Check Total: WELLS Arrrxmt Check # Type 121.50 243.00 00060304 MAT 82.50 82.50 165.00 00060305 MAT 6,720.35 6,720.35 00060306 MAT 700.00 700.00 00060307 M'l 1,325.39 9.28 1,334.67 00060308 MAT 925.00 925.00 00060309 MAT 1,977.43 1,977.43 00060310 WI 313.47 313.47 00060311 MAT 155.97 155.97 00060312 MAT 30.50 30.50 61.00 00060313 MAT 549.53 S o u t h T a h o e P.U.D. 06/30/05 PAYMENT O F C L A I M S REPORT 06/17 2005 - 07/07/2005 a 3 THU, JUN 30, 2005, 9:25 AM 1'1 - -req: THERESA -- -leg: GL JL - -loo: O SE - -- -fob: 340896 #J353--- -prcg: es C 09 <1.07 >- -rort id: PC Default Selection: Check Stock ID: AP ; Check Types: MAI, HW, RV, VH Vendor Narre Acx.nt # Department B S K P LYTIC AL LABS BARNSIE \D /THER DLYNE CORP BAT E WELLS ASSOCIATES BAY TOOL & SUPPLY INC BEN LY P i RAMICS BERRY-HINCKLEY INEX SIRIIS BI STATE PROPANE BI STATE PROPANE 20 -07 -6110 LABORATORY 10 -07 -6110 LABORATORY 20 -07 -6025 LABORATORY 10 -07 -6025 LAVATORY 20 -39 -4440 FTNA E 10 -00 -0423 COAL & ALMINISIRPTICN 10 -00 -0421 GENERAL & AEMINISIRATICN 10 -00 -0422 GENERAL & AE IINIS RATICN 10 -06 -6652 10 -00 -0415 10 -04 -6071 10 -02 -6051 10 -00 -6360 20 -00 -6360 OPERATIONS GENERAL & AIIVILNISIRATICN HEAVY MABIIMTANCE REPS GENERAL & AEMINIS RATION GENERAL & AUV NISIRATICN Description Iv R INO M NI'IC fl Check Total: Check Total: � EI Check Total: ADVISCRY Check Tbtal: SMALL TOOLS INVENTORY SHOP SUPPLY INVENTORY JANITORIAL SUPPLIES k INVENTOR Chec 'Dotal: BIQSOLID DISPOSAL COSTS Check Total: GASOLINE Check Total: SHOP SUPPLIES PROPANE PUMP SIPITIC1�15 Check Tbta1 : PROPANE Check Tbtal: vendor 'Ibtal: Amount Check # Type 549.53 00060314 M'1 5,260.00 670.00 5,930.00 00060315 Ma 39.75 45.25 85.00 00060316 NW 1,984.00 1,984.00 00060317 Ma 431.48 287.30 146.76 865.54 00060318 Ma 1,738.91 1,738.91 00060319 Ma 4,005.61 4,005.61 00060320 M1 7.85 33.99 15.00 56.84 00060321 M'J 145.06 145.06 00060322 M' 201.90 S o u t h T a h o e P.U.D. 06/30/05 PAYMENT O F C L A I M S REPORT 06/17 2005 - 07/07/2005 IFU, JCN 30, 2005, 9:25 AM - -req: THERESA -- -leg: GL 3L- -loc: CNS1'1E-- - -jcb: 340896 #J353--- -prog: 09 <1.07 >-- report id: Default Selection: Check Stock 1D: AP ; Check. Types: NV, ITT, RV, VH Vendor Nacre A mnt # Depleitaent BINS ! V TERIALS RTi7F RIPEN TEMP PERSONNEL BLUE R1EECN TflvIP PERSCILNEL BOIS CASCAIE BOYLE IIUIlNEERIZM CERP BRCVN, LIMA CAPIO CDW-GOZRP CWEA 20 -01 -6052 LIPID REPAIR 20 -38 -4405 CUSTOMER SERVICE 10 -00 -2541 COAL & AIIMINISIRATICN 10 -00 -0428 GENERAL & ADMI IISIRATICN 20 -29 -2504 ENGINEER= 10 -39 -6200 FINANCE 20 -39 -6200 FINANCE 10 -27 -6250 20 -27 -6250 10 -37 -4840 20 -37 -4840 10 -37 -4820 20 -37 -4820 DISTRICT INECEVATICN DISTRICT INFURMATICN INEURvATICN SYSTEMS INEORMATICNSYSTEMS INPORAATICN SYSIEAS INEORMATICN SYSTEMS 10 -07 -6250 LABORATORY Eescriptic1 PIPE, COVERS, & NANEELES Check Total: CCNIRACIUAL SERVICES Check Total: CALPERS PAYABLE E Check Total: Vendor Total: OFFICE SUPPLIES INVFNIC Y c eck Tot'a1 : SUSPENEE TRA TRAVEL MES DUES M : -.i 1 M11.1D11 Check Total: �/EDUCATION Check Total: PS /CERTIFICA:I PS /CERTIFIC ITT Check Total: DISIRICT OCMPCTIER SUPPLIES DISTRICT CTIER SUPPLIES Orr'10E SUPPLIES an CE E SUPPLIES Chek Total: ECES/NI SEIIPS /CERTIFTCATI Check Total: Amount Check # Type 177.06 177.06 00060323 Ma 5,122.24 5,122.24 00060324 MW 574.27 574.27 00060325 MW 5,696.51 127.42 127.42 00060394 MW 35,114.37 35,114.37 00060326 NW 8.81 8.81 17.62 00060327 MW 87.50 87.50 175.00 00060328 DV 488.79 488.81 401.18 401.22 1,780.00 00060329 MAI 146.50 146.50 00060330 MW S o u t h Tahoe P.U.D. 06/30/05 PAYMENT O F C L A I M S REPORT 06/17 2005 - 07/07/2005 id: THU, J[N 30, 2005, 9:25 AM - -req: THERESA- - -1�: GL 3L - -loc: C E.L'11 - -- -dab: 340896 #J353--- -picg: 09 <1.077 > -- Default Selection: Check Stock ID: AP ; Check Types: M/7,HW,RV,VH Verrbr Narre AcE,mt # Derailment CALIF IEPT OF HEALTH SERVICES 20 -01 -6250 UNDERGRaND REPAIR CALIF DEPT OF HEALTH SERVICES 10 -01 -6250 INEEMRaND REPAIR CALIF DEPT OF HEALTH SERVICES 10 -29 -6650 ENGINEERING 20 -29 -6650 CALIF E P A MLIFCRNIA OVERNIGHT CALPELRA CANALA LIFE CPKIID ENGINEERS 10 -07 -6650 LAB I All Y 20 -07 -6650 LABFATC ZY 20 -07 -4810 20 -00 -4810 10 -00 -4810 10 -22 -6200 20 -22 -6200 30 -00 -6744 90 -98 -8828 10 -29 -7040 LABCRATCRY GENERAL & ALMINISI RATICN GENERAL & AIIMINISIRATICN RPM RESCURCES HCNIAN RE9aRCES DIRECTOR SFr P FENDED INSURANCE EXIT PIPEL1INE GRANT ENGINEERING CENTRAL BUSINESS FCRMS INC 20 -38 -4920 QE'ICNIER SERVICE 10 -38 -4920 CUSICIMER SERVICE Description DUES/MHMEE SHIPS /CERITEICATI Check Total: D[ES/ME RSELCPS /CERTTFICATI Check Total: OPERATING PERMTIS OPERATING STS Check Total: Uencbr Total: OPERATII\B PERMITS OPERATING PERMITS Check Ibt-a1 : =AGE EXPENSES J EXPENSES Old EXPENSES Check Total: TRAVEL /EGUtATTCN TRA /E nnizzCN Check Total: 1 t. EXCESS INS SELF INSURED MED Check Total: ELLME PBS III LPPS-CAMFGRaN SCYDICM HSIE QNVERSI Check Total: PRINTING SING Arrow t Check # TYpe 120.00 120.00 00060331 M' 90.00 90.00 00060332 MA] 508.56 508.55 1,017.11 00060333 M1 1,227.11 103.75 103.75 207.50 00060334 M'1 26.44 3.50 3.50 33.44 199.50 199.50 399.00 14,029.55 14,029.55 5,354.00 887.50 6,241.50 1,095.43 1,196.66 00060335 MAT 00060293 M' 00060337 M' 00060338 M' South Tahoe P.U.D. 06/30/05 PAYMENT OF CLAIMS REPORT 06/17/2005-07/07/2005 6 THCJ, JLN 30, 2005, 9:25 AM --nag: THERESA -- -leg: GL 3L - -loc: CN51'1E - -- -dab: 340896 #J353-- - -pmg: 09 <1.07 > - -rr rt id: CEMPC Default Selection: Check Stock ID: AP ; Check Types: MA7,11W,RV,VH Vendor Narre Aoocunt # 12partnent CERTIFIED TESTING & 0 NSULTTN3 90 -98 -8828 EXPORT PIPELINE GRANT MCKIM, LEWIS 10 -27 -6200 DISTRICT IlTICN 20 -27 -6200 DISTRICT IlTTCN COST CISTIAINMENT CIS INC 30 -00 -6741 SELF FUNDED INSURANCE COST CONIA_1NIENT CCNCEF S INC 30 -00 -6741 SFL P FUNDED INSURANCE 30 -00 -6742 SELF FUNDED INSURANCE CDX & COX CCNETRUCTICN INC 90 -98 -8828 EXPORT PIPELINE GRANT CalPERS D &L FT= &SUPPLY D T N F D T N ENSINMRILZ INC DELL MARKEfi1NU L P 10 -00 -0303 GENERAL & AUV1ENISIRATICN 20 -00 -0303 GENERAL & AIIAINISIRATICN 10 -01 -6052 LNEEFCRCUNID REPAIR 20 -02 -4405 PUMPS 10 -37 -8586 INECEMTICN SYSTEMS 10 -37 -4840 IlMATICN SYSTEMS 20 -37 -4840 INECEMITCN SYSTEMS sipticai Check Total: a1INE PISS III LPPS -CAN Check Total: TRA • ID 1 e.. /ECUC4TICN TRA • ID I e. /ELII=4TICN Check Total: ALMIlVISIRATICN rr± Check Total : AIIMEVISIRATTCN 1E PRA rrE Check Total: Vendor Total: BLIJNVE PIS III LPPS -CAN Check Total: CALPERS PPD EMPLOYER 03NIRIB CALPERS PPD EMPLOYER ° I MS Check Total: PIPE, COVERS, & WHOLES Check Total: CONIRACIUAL SERVICES Check Total : REPL LAPTOP, EQ REP DISTRICT CONIPUTER SUPPLIES DISIRICT COMPUTER SUPPLIES Arro nt Check # Type 2,292.09 00060339 MAI 87,783.03 87,783.03 00060340 MAT 68.04 68.04 136.08 00060341 MAT 37.26 37.26 00060342 MAT 1,858.92 387.52 2,246.44 00060343 MA7 2,283.70 398,962.43 398,962.43 00060344 MW 407,975.00 255,700.00 663,675.00 00060336 MAT 5,500.64 5,500.64 00060345 NW 4,394.19 4,394.19 00060346 MAT 2,358.06 1,698.91 1,698.88 South Tahoe P.U.D. 06/30/05 PAYMENT OF CLAIMS REPORT 06/17 2005 - 07/07/2005 THU, ON 30, 2005, 9:25 AM - -re:' - -leg: GL JL - -loo: CNS±M - -- -job: 340896 #J353--- -picg: 09 <1.07 > - -i o t id: Default Selection: Check Stock ID: AP ; Check Types: MW,H,AT,RV,VH Verrbr Narre Peccurit # Deplextnent DICK'S FULLER - DICK'S FULLER - E N S RESOURCES INC N5L3LE PIC HER EL Tfl AtO CaNIY 20 -37 -8589 10 -29 -6071 20 -29 -6071 10 -37 -8544 20 -37 -8591 10 -37 -4820 20 -37 -4820 10 -04 -6041 10 -04 -6022 10 -04 -6041 10 -27 -4405 20 -27 -4405 20 -07 -4760 10 -07 -4760 10 -02 -6650 INFCRIATICN SYSTEMS ENSUNEER.IM INECEMATICN SYSTEMS INFCEVATICN SYSTEMS INFORMATICN SYSTEMS II t T N SYSTEMS HEADY MAINIENPNCE HEAVY NAINIEThE DISTRICT INFCRMATTCN DISIRICT INEORMATTCN LABCRAICEY LAECRATCRY RMPS E EC IRICAL DJTI MENT CO INC 10 -06 -8415 OPERATIC NS 10 -03 -6021 E EC'IRIC1 L SEDP ELEMENT K JOURNALS 10 -37 -4830 IIIPOWATTCN SYSTEMS Description LAPIOP INSFECTTCNE SEDP SUPPLIES SHOP SUPPLIES 0:NE T R LASERFICBE REPL LAPIOP LAB OkF10E SUPPLIES O1.1.1C E SUPPLIES Check Total: Fes' ETIPMENT Check Total: F JILDIMS Check Total: Verxbr Total: CONERACILIAL SERVICES SERVICES Check Total: LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: OPFRAT'IlM EadvIITS Check Total: REPL REP WASTE ACITV SLIg73 Check Total: SJ39CRIPI1CNS EASE Arrrunt Check # TYpe 2,103.08 284.99 284.95 10,596.60 2,103.08 283.92 283.91 21,696.38 00060347 MAI 459.32 12.87 472.19 00060348 MW 75.30 75.30 00060349 NW 547.49 2,570.76 2,570.77 5,141.53 00060350 NW 75.85 75.84 151.69 00060355 MW 237.00 237.00 00060351 NW 3,287.11 860.10 4,147.21 00060352 MW 43.50 S o u t h The P.U.D. 06/30/05 PAYMENT O F C L A I M S REPORT 06/17 2005 - 07/07/2005 THU, 3LN 30, 2005, 9:25 AM - -req: THERESA -- -leg: GL 3L- -loc: CNSIJ± - -- -fob: 340896 #J353--- -picg: 09 <1.07 >-- report id: Default Selection: Check Stock ID: AP ; Check Types: MAI,HW,RV,VH Vendor Narre Aocc unt # Department FNIIZT INC 20 -37 -4830 INECEMATION SYSTEMS 20- 29- 8574IINGIT INM 20 -29 -8463 ENGINEERING 20 -29 -7048 ENGINEERING FCC 10 -38 -4810 CUSICMER SERVICE 20 -38 -4810 CLSICMER SERVICE FISHER SCIENITFIC 10 -07 -4760 LAB1PTCFY 20 -07 -4760 LABGRAT' FaNCIATTCN FCR X -C NNECITCN 10 -38 -6250 CUSTOMER SERVICE 20 -38 -6250 QEIUER SERVICE FRIENDS OF ALPINE CO T D3RARY 10 -21 -6520 ALMI ISIRATICN FRYE, WILLIAM FRYE, WILLIAM G F S CHEMICAL 10 -37 -6200 INFORVATICN SYSIFIVE 20 -37 -6200 IITCN SYSTEMS 10 -37 -6200 INFORMATICN SYSTEMS 20 -37 -6200 INFORMATION SYSTEMS 10 -07 -4760 LABORATORY Description SURSCRIPl'1CNS EXPENSE Check Total: WELL BAYVIEW SO UP TRKE WELL REEF T , WIRLN, JC NB N BLVD Check Total: PC• S= EKPFNEES Check Total: � SUPPLIES Check Total: ILL ES/N RSEIPS /C IFICATI DUES/N IIPS /CIFTC7ITI Check Total: SUPPLIES Check Total: TRAVEL • / /EaTATTCN Check Tbtal: CN TRAVEL TCN Check Total: Vendor Tbta1 0 • e. 0 I ti LABORAMRY SUPPLIES Arrcunt Check # Type 43.50 87.00 00060353 WI 1,817.40 156.00 117.00 2,090.40 14.85 14.84 29.69 220.01 202.92 422.93 252.00 252.00 504.00 140.08 00060354 MW 00060356 M'1 00060357 MAI 00060358 MAI 140.08 00060359 Mn] 93.50 93.50 187.00 00060360 Ma 40.50 40.50 81.00 00060361 MAI 268.00 857.81 South Tahoe P.U.D. THU, JUN 30, 2005, 9:25 Default Selection.: Check Vendor Nacre 06/30/05 PAYMENT O F AM - -req: THERESA---leg: GL 3L- -loo: C L A I M S REPORT 06/17 2005 - 07/07/2005 CNS1'1E-- - -jao: 340896 #J353-- - -prog: 09 <1.07 > - -sort id: Stock ID: AP ; Check Types: MST, ICI, RV, VH Account # Department GEOIRANS INC C 2AINGER INC., W. W. HPNSEN INFO TECENaLCGIES 20 -07 -4760 LABORATORY 10 -07 -6025 LABORATORY 10 -37 -8565 INPOWATION SYSTEMS 10 -05 -6071 20 -03 -6073 10 -03 -6073 10 -00 -0423 10 -00 -0425 10 -00 -0421 EQUIPMENT REPAIR ELECTRICAL SFDP ELECTRICAL SHOP GENERAL & ALVENISTRATICN COAL & ALVD IS RATION COAL & ALNBNISIRATICN 20 -37 -8571 INECWATICN SYSTEMS 20 -37 -6030 INKRIATICN SYSTEAS 10 -37 -6030 INECRIATICN SYSIIIKS HIC I SIERRA aEINE S SYSTEMS 10 -38 -4820 CLSICMER SERVICE 20 -38 -4820 GEIGER SERVICE 10 -21 -6030 ALMINISTRATICN 20 -21 -6030 AU NISfl TIC T Ham ASSOCIATES, ALEX HYURA -STOP INC. III DISIPIEJITCN �RP. 10 -29 -8605 IINaNEERIlVG 20 -01 -6052 UNEERGROUND REPAIR 20 -07 -4760 LAECRAIORY 10 -07 -4760 LAECRATORY Description LABCRATCRC SUPPLIES Check Total: GIS IMPLEMENIATICN Check Tbta1: SI.3JP SUPPLIES SMALL TOOLS SNAIL TOOLS SPAT T, TOOLS INVENIU Y SAFETY SUPPLIES INVE\TEMf PSE3J SUPPLY INOM Y Check Total: HAI\EEN LICENSES SERVICE CENIRAC S SERVICE CENIRP.CIS Check Total: 01.r'10E SUPPLIES SESERVIC SUPPLIES S SERVICE CSNIRP.CIS Check Total: CfXYC1Q SYSTEM /TMii, ICR Check Total: PIPE, COVERS, & NLFS Check Total: LAECRATCR/ SUPPLIES LABORAZY' SUPPLIES A Eunt Check # Type 804.45 595.00 2,257.26 00060362 WI 15,901.74 15,901.74 00060363 M' 36.30 424.01 424.00 157.32 76.24 137.83 1,255.70 00060364 WI 9,500.00 437.50 437.50 10,375.00 00060365 MCI 99.48 99.47 295.30 295.30 789.55 00060366 MAI 12,798.00 12,798.00 00060367 MAI 3,695.23 3,695.23 00060415 MCI 263.48 247.83 South Tahoe P.U.D. 06/30/05 PAYMENT O F CLAIMS R E P O R T 06/17/2005-07/07/2005 aVzsigi THU, JLN 30, 2005, 9:25 AM - -req: THERESA---leg: C JL- -loo: CNS1'1E - -- -jab: 340896 #J353--- -picg: OG.09 <1.07 >-- report id: Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Verrbr Nacre Pcsocunt # E)suextrent INFOL1NK SCREENIM SERVICES INIERSTh tE SAFETY. & SUPPLY INTUIT INFO TECH SOLJTITCNS J &L PRO KLEENINC JEEEER9 N PILOT FINTANCTAL JCE' S PEAK PRIMARY CARE 10 -22 -6670 20 -22 -6670 10 -00 -0425 10 -00 -0421 10 -39 -6077 HCNA N RESOURCES HCNAN RESOURCES DIRECICR GENERAL & AIIMINISIRATICN GENERAL & AIIIINISIRATICN FINANCE 10 -37 -6200 DNIETIMEION SYSTEMS 20 -37 -6200 MRIDEMTION SYSTEMS 10 -39 -6074 FINANCE 20 -39 -6074 FINANCE 10 -00 -2539 COAL & AIIMINISIRATICN 10 -01 -6075 20 -01 -6075 10 -02 -6075 20 -02 -6075 10 -04 -6075 10 -06 -6075 10 -07 -6075 20 -07 -6075 LNDERGRaND REPAIR ND REPAIR RMPS REPS HEAVY IVAINTENANCE O LAECRATCRY JORDAN' S TRUCK & 'IRAT? � EI JIP 10 -28 -7496 ALPINE C LNIY I-iptican Check Tbta1 : PERSONNEL EXPENSE PERSONNEL EXPENSE Check Total : SHOP SUPPLY INVENTORY INVFNIORY FREIGHT ISCO NIS Total: TRAVEL 0 1 CS. /ECM= IRA ID 1 C.AECUMTYN Check 'Total.: JANITORIAL SERVICES JANITORIAL SERVICES Check Total: ILI3 TERM DISABILITY LNICN Check Total: SAFETY EQUIPMENT/PHYSICALS SAFELY EQUI /PHYICALS SAFELY E UIvENPHYSICALS SAFETY F If ME NTI PHYSIALS SAFELY DQUI / /PHYSICALS SAFETY BOUIPIVE\TPHYSICALS SAFELY TIIVaII' /PHYSICALS SAFELY IIJTIAMENI/PHYSICALS Check 'Ibta1 : LIFT GATE, TPLtK #2 Total: Amxmt Check # Type 511.31 00060368 MW 55.90 55.90 111.80 00060369 MW 1,106.83 756.48 58.47 1,921.78 00060370 P 2,440.00 2,440.00 4,880.00 00060371 Ma 1,473.50 1,473.50 2,947.00 00060372 MR 1,967.50 1,967.50 00060373 Ma 218.00 105.00 210.00 210.00 315.00 265.00 265.00 265.00 1,853.00 00060374 Ma 2,171.16 2,171.16 00060375 MCI Scuth Tahoe P.U.D. 06/30/05 PAYMENT O F CLAIMS R E P O R T 06/17/2005-07/07/2005 11 THU, JUN 30, 2005, 9:25 AM - -req: THERESA---leg: GL JL - -loc: CNS1'1E - -- -jab: 340896 #J353-- - -pmg: 05.09 <1.07 >- -repot id: Eefa1]lt Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Nacre Acccunt # Eepartffe it KELLEY ERCISICN CCNIROL INC 90 -98 -8828 EXPORT PIPELINE (RANT KENNEDY /JENKS CONSULTANTS INC 10 -29 -8572 EiVSIlNEIHRIlM KIFC0 C CMPANY OF SIOC ICN ICGCTOIEK, LINEA LILLJY' S TIRE SERVICE INC. LIVE WIRE MEDIA PARTNERS LCXMIS FAR3D & OD. M W H LABCRATCRIES NARKSCN LAB SALE'S 20 -01 -6052 I .ND REPAIR 10 -22 -6079 HGI4AN RESOURCES 20 -22 -6079 HUMAN RESarcEs DIRECICR 10 -05 -6011 EQUIPMENT REPAIR 20 -05 -6011 EITIAENT REPAIR 20 -27 -6660 DISIRICT EMRIVVTIcN 10 -39 -4405 FINANCE 20 -39 -4405 FINANCE 20 -07 -6110 10 -07 -4760 20 -07 -4760 LAB 1 ATCR( LAB:?P' Descripticn H[1INE FRS III LPPS-CAMPOPOUN Check 'Ibta1: PIPELINE, SHOWSHOE 'gam Check Tbtal: PIPE, C VERS, & MANEDLES Check Total: SAFETY PROGRAMS SAFELY PROGRAMS Check Total: ALTI MJIIVE AUICNDITVE Check 'Ibta1 : InAT R CCNSERVATICN EXPENSE Check 'Ibta1 : CCNIRACILAL SERVICES Check Total: NCNITORIN3 Check Total: LABORAT' SUPPLIES LABATDRY SUPPLIES Check Total: Aran nmt Check # Type 14,114.98 14,114.98 00060376 ma 1,522.31 1,522.31 00060377 MW 564.08 564.08 00060378 Ma 31.93 31.94 63.87 00060379 Ma 00060380 Ma 31.00 31.00 62.00 00060381 Ma 336.00 336.00 00060382 ma 254.24 254.24 508.48 00060383 Ma 225.00 225.00 00060384 Ma 86.61 67.98 154.59 00060385 Ma S o u t h T a h c e P.U.D. 06/30/05 PAYMENT O F CLAIMS REPORT 06/17/2005-07/07/2005 12 12 THU, JUN 30, 2005, 9:25 AM - -reg: THERESA---leg: GL JL - -loc: CNS1'1E - -- -jab: 340896 #J353--- -prog: m 09 <1.07 >- -art id: PC Eefault Selection: Check Stock ID: AP ; Check Types: MA1,HW,RV,VH Vendor Nate Account # EeertrrEnt DVLT -ESCN, TERRY MC MASTER CARR SUPPLY Co MID =MIN Ma3TT F, CaM. MICR INECRNATICN SYSTEMS NEVADA Rr I ]F; NEW RE U ES C JP INC =PEST PIPE C CMPANY IlG 0.E.FiCE LEPC7T 10 -05 -6073 EQUIPMENT REPAIR 20 -05 -6073 EQUIPMENT REPAIR 20 -03 -6073 10 -03 -6073 20 -02 -6071 10 -02 -6051 20 -02 -6050 20 -05 -8520 20 -05 -8521 20 -02 -8564 10 -04 -8513 20 -05 -6011 E L-TRICAL SHOP ELECTRICAL IRIC AL SHOP FU PS RNPS RMPS FQJIAENT REPAIR EQUIPMENT REPAIR AMPS HEAVY WAINIENANE EQUIPMENT REPAIR 10 -29 -4820 ENGINEERING 20 -29 -4820 EME EERI 3 20 -27 -6660 DISTRICT I ZCIVATICN 90 -98 -8828 EXECRT PIPELINE GRANT 20 -39 -4820 FINANCE 10 -39 -4820 FINANCE 20 -00 -6520 GENERAL & ALMI ISIRATICN 10 -00 -6520 CAL & ALM NISIRATICN Description SWILL TC CiS SDIALL TOOLS Check Total: SNAIL TC CLS SMALL TtDLS SEEP SUPPLIES REP STATTCNE WELLS REPL F'1LTER PLAINT CET SET Check Total: PEEL TRUCK EQUIP REPAIR REPL VEHIcr F #41 REPL TRUCK 27 Check Tbt al : AUICDCITVE Check Total: OFFICE SUPPLIES ObnCE SUPPLIES Check Tbt-a1 : 1AATER QNSEEMTICN EXPENSE'. Check Total: ELME PHS III LPPS-C2IMPGRIN Check Tbt-a1 OFFICE SUPPLIES CEnCE SUPPLIES SUPPLIES SUPPLIES A ount Check # Type 44.23 44.22 88.45 00060386 Ma 63.70 63.69 140.56 651.93 2,987.62 147.05 4,054.55 00060387 MCI 720.94 696.63 717.74 2,135.31 00060388 MW 1,500.00 1,500.00 00060389 MA 43.10 43.10 86.20 00060390 Ma 174.69 174.69 00060391 Ma 00060392 Ma 552,246.71 552,246.71 738.86 738.84 28.93 28.91 S o u t h Tahoe P.U.D. 06/30/05 PAYMENT O F CLAIMS REPORT 06/17/2005-07/07/2005 aWzsR THU, JLN 30, 2005, 9:25 AM - -req: THERESA---leg: Q, JL - -loo: CNS1'1E - -- -jab: 340896 #J353-- - -pmg: 09 <1.07 >-- report id: Default Selection: Check Stock 1D: AP ; Check Types: M'l, HW, RV, VH Verrbr Nacre Aoc unt # Deice/trent PACIFIC MECHANICAL ANICAL OOP 10 -21 -4820 20 -21 -4820 10 -00 -0428 10 -37 -4820 20 -37 -4820 10 -01 -7497 10 -29 -8235 PENT VALLEY REP C Iv1PANY INC. 10 -06 -8415 PIC 1EER AMERICAS T J C' PC ERS, PHYLLIS KCNIDE S, 'TFRENCE H PRO LEISURE 10 -06 -4755 20 -02 -4755 10 -21 -6621 20 -21 -6621 10 -07 -6200 20 -07 -6200 10 -21 -6621 20 -21 -6621 PRCLC IC c vM NICATICNS INC 20 -37 -4820 10 -37 -4820 ALMI ISfl ATICN ALMENISIRATICN GENERAL & Al:HENISTRATICN INFICENATICN SYSIHYE INECRNATICN SYSTEMS U UND REPAIR EL\E=RIl\U OPERATION OPERATICNS RMPS AUMINISIRATICN PEN NISIRATICN LP AUENISIRATICN AUvUMSI ATICN INFORMATION SYSTEMS INFORIATICN SYSTEMS option OFFICE SUPPLIES ES OFFICE SUPPLIES OFFICE SUPPLIES INVENIC Y OFFICE SUPPLIES OFFICE SUPPLIES PRIMER Check Total: =GE HAN= FACMITY Check 'Total : REPL AMP, WASTE ACITV SLLEG Check Total: HYPOCHILRITE HYPOCHLCRITE Check Total : INCENTIVE & RDOCCNITTCN ERR INCENTIVE & RECOGNTITCN MGR Check Total: TRA / /ION Check Total: INCENTIVE & RECCCNI TCN MCP. INCENTIVE & PFEtXM'ITCN PRA. Check Tbta1: OFFICE SUPPLIES OFFICE SUPPLIES Check Total: A runt Check # Type 30.31 30.31 353.76 37.16 37.15 2,305.79 4,330.02 11,162.71 11,162.71 12,617.00 12,617.00 7,781.69 2,889.60 10,671.29 50.35 50.34 100.69 94.77 94.77 189.54 175.24 175.23 350.47 17.63 17.63 35.26 00060393 MAI 00060395 MA7 00060396 MAI 00060397 MW 00060398 MA 00060399 MW 00060400 M' 00060401 MAI S o u t h T a h o e P.U.D. 06/30/05 PAYMENT O F CLAIMS REPORT 06/17/2005-07/07/2005 aqe 14 'IHU, JLN 30, 2005, 9:25 AM - -req: 'THERESA -- -leg: GL JL - -loc: CJNSEI'1E - -- -job: 340896 # T353--- -prcg: CK509 <l.07 >-- report id: CPKR�SFC r fault Selection: Check Stock ID: AP ; Check Types: M'I,HW,RV,VH Vendor Nacre Account # Epertffent ID'S R SUPPLY RADIO SEA RENO GAZETTE -JOUR AL RIO:A CHEMICAL CD RICH'S SMALL ENGINE SERVICE RID 'f ,TYNE: INC ROMIIINCCEURACTTNG INC SBC 10 -03 -6075 ELECTRICAL SHOP 20 -03 -6075 ELECTRICAL L SEDP 20 -01 -6052 LINE) REPAIR 10 -04 -6023 HEAVY MAINTENANCE 10 -01 -4820 UNDERGROUND REPAIR 20 -29 -7048 ENGMER IG 10 -07 -4760 LAS 20 -07 -4760 LABORATORY 10 -04 -6042 HEAVY MAINIENANCE 10 -01 -6071 LIEERGROUND REPAIR 10 -03 -6073 ELECTRICAL SHOP 20 -03 -6073 ELECTRICAL TRIAL SHOP 20 -00 -2605 20 -29 -8401 10 -00 -6320 20 -00 -6320 COAL & ALMINISIRATICN ENGINEERIM CORAL & ALMINISIRPTICN COAL & AUvr NISIRATIC N Description oaf= FLUIENENT/FIEYSICALS SAFETY EQJIM'1ENr /PHYSICALS Check Total: PIPE C JERS, & NANEDLES N'1LI�2 EI JIP /BLDG Check Ibtal: O1.1.'10E SUPPLIES Check attal: WIRIN, JUAN BLVD Check 'Total: LABORATORY SUPPLIES LAB A c1 Y SUPPLIES Check 'Dotal: C CLICS & MAINEEMM E SIIJP SUPPLIES Check Total: SMALL 'TOOLS SMALL TOOLS Check Tot-al : ACS CCNST REI CUS'IC1NER SERVICE C ENI R Check Total: SIGNAL CHARGES SIGNAL CHARGES S Check Total: Antunt Check # Type 61.96 61.95 123.91 00060402 Ma 387.90 1,891.48 2,279.38 00060403 Mg 13.34 13.34 00060404 Ma 115.57 115.57 00060405 MW 14.16 8.00 22.16 00060406 Ma 58.62 7.09 65.71 00060407 MW 449.92 449.90 899.82 00060408 Ma - 60,445.00 604,451.00 544,006.00 00060409 Ma 96.96 32.32 129.28 00060411 Mg ScUth Tahoe P.U.D. 06/30/05 PAYMENT OF CLAIMS REPORT 06/1_7/2005-07/07/2005 15 THU, JCN 30, 2005, 9:25 PM - -1q: - - -leg: a, �, - -loc: CNS1'iE - -- -jab: 340896 #J353-- - -p�q; 09 <1.07 > - -sort id: Default Selection: Check Stock ID: AP ; Check Types: Mn1, HW, RV, VH Verrbr Nane Accamt # Departrnent SBC /MCI SACRAMENIO BEE, TEE SCF3LP , PALS, SCOTT, BILL SHEHADI MDIORS SIERRA ENVJRCIVENIAL SIERRA FCX7ILIILL LABCRATC RY SIERRA NEVAI 10 -00 -6310 20 -00 -6310 10 -02 -6310 20 -02 -6310 10 -06 -6310 10 -21 -6310 20 -21 -6310 10 -37 -6310 20 -37 -6310 10 -39 -6310 20 -39 -6310 GENERAL , & AtMI NISIRATTCN GENERAL & PUvE IISIRATICN PLMPS REPS OPERATIONS ALN MSIRATICN AIMI ISIRATICN INIECIVATICN SYSTEMS IITICN SYSIIIv6 FINANCE FINANCE 20 -29 -7048 IlMIlNEERIlVS 10 -28 -6200 ALPINE CCXNIY 20 -38 -4405 CI>SIQvIER SERVICE 10 -05 -6011 EQUIPMENT REPAIR 20 -05 -6011 DJTIMMENT REPAIR 10 -07 -6110 I ATC ZY 10 -07 -6110 LACY 10 -22 -6079 HLPRAN R 20 -22 -6079 HLTVFN RFEaRCES DIRE^ICR Descripticn IELELDITNE rrErN TE tNE TELEPHNE IECEPITNE Er EPFrNE rr�r R.PFx'r� TAT EFFICNE Am mt Check # Type Check Tbtal WIRLN, XFINI3aNT BLVD Check Tbtal: TRA EQJMICN Check Tbtal: CCNIRAMAL SERVICES ATJIt ITVE AUICM7ITVE NENTIC 2IN3 SAFETY P?AMS Check Tbtal: Check Tbt-al Check Tbtal: Check Tbtal 345.11 14.87 93.72 213.92 22.15 8.00 8.00 83.54 83.54 15.91 15.90 904.66 521.78 521.78 26.33 26.33 402.17 402.17 29.07 29.07 58.14 316.00 316.00 242.50 242.50 130.00 130.00 00060410 M✓J 00060412 MA1 00060413 Mn1 00060414 M' 00060416 Mn1 00060417 Mn1 00060418 MAI South Tah e P.U.D. 06/30/05 PAYMENT OF CLAIMS REPORT 06/17/2005-07/07/2005 16 THU, JUN 30, 2005, 9:25 AM - -req: THERESA—leg: GL 0L- -lo : CIs1'IE-- - -dab: 340896 #J353--- -prog: CK609 <1.07 >- -report id: C R FC Default Selection: Check Stock ID: AP ; Check Types: NW,IOW,RV,VH Vendor Narre Account # Eepartnant SIERRA PACIFIC PWER SIERRA PACIFIC FC TAER CO SIERRA PR:M TINS SIERRA ZEE REnsDY MIX St/ALLEY SALES & SERVICE SKIM DESIGN CjJP SMITH, GREG SCUM LAKE TAHOE, CTIY OF SCUM LAKE 'LAME, CITY OF 10 -00 -6740 GENERAL & ALKI ISIRATICN 10 -00 -6330 GENERAL & AIIKIIQISIRATICN 20 -00 -6330 GENERAL & AEH NISIRATTCN 20 -29 -8401 End 10 -27 -6620 DISTRICT INFOAvTICN 20 -27 -6620 DISIRICT INTCFVATICN 20 -01 -6052 INDER2RaND REPAIR 10 -04 -6042 HEAVY MINE 10 -02 -6012 PUMPS 20 -02 -6012 PUMPS 20 -29 -8401 EI3IlNEERI 10 -06 -6250 OPERATIONS 10 -19 -5010 EIC ARD OF DIRECICRS 20 -19 -5010 E OF DIREDT 2S 20 -29 -8574 EN3INEERII3 Description Check Total: SllEr LIC fl'INU FUSE Ef FC IRICITy Ef EC IRIC= Check Total: C SIII ER SERVICE C VIER Check Total: RELIC RELATIONS EXPENEE PUBLIC RELATTCNS EXPENSE Check Total: GUMS VIIZSNENALES Check Total: MIDILE EQJIFMENT Min R EQUTANI' Check 'Ibta1 CLUTa ER SERVICE CENIFR Check Total: DU ES/N TIPS /CERTTFICATT Check Total: LAND AND BUILD= LAND AND BUILDI E Check Total: WELL, EiAYV1EW Check Total: ATc nt Check # Type 260.00 00060419 NW 6.90 60,805.21 31,046.57 91,858.68 00060421 MW 22,884.00 22,884.00 00060420 MW 287.73 258.60 546.33 00060422 NW 897.56 359.02 1,256.58 00060423 NW 216.95 216.95 433.90 00060424 NW 7,249.40 7,249.40 00060425 NW 130.00 130.00 00060426 MAI 1,200.00 1,200.00 2,400.00 00060427 NW 623.00 623.00 00060428 MCI South Tahoe P.U.D. 06/30/05 PAYMENT OF CLAIMS REPORT 06/17/2005-07/07/2005 e 17 THU, JLN 30, 2005, 9:25 AM - -req: THERESA---leg: GL JL - -loc: CI SI'Ji - ---job: 340896 #3353- ---pieg: 09 <1.07>--report id: C RECSR2 Dafa ]1 t Selection: Check Stock ID: AP ; Check Types: MM1, HW, RV, VH Vendor Narre Account # aepertrrent SJJIH LAKE TAHOE, CITY OF SaJIEI LAKE TAHOE, CITY OF SOUTH S :RE M IO S SOUT HAELL C CNIROLS SCUIHW 'T CAS STANDARD INSURANCE C 1PANY SIATELINE OFFICE SUPPLY SCPSITIUTE PERSONNEL & SETTER ASSOCIATES, LYNN M. Description 20 -29 -8401 EMINIEERIm 20 -29 -8401 1E: MINIMUM 10 -05 -6011 EQUIPMENT REPAIR 20 -05 -6011 RJJIETVIENT REPAIR 10 -07 -8523 10 -00 -6350 20 -00 -6350 10 -00 -2531 10 -00 -0428 10 -39 -4405 20 -39 -4405 10 -01 -4405 20 -29 -8355 20 -29 -8401 20 -01 -4405 LAECRATCRY GENERAL & ALM NISTRATIC N COAL & ALMINISIRATICN GENERAL & l-IMLNISIRATICN COAL & ALMINISIRATIC FINANCE FINANZE UNDERGRaND REPAIR aSINEERM ENaINEERThu INMECROIED REPAIR 10 -27 -4405 DISTRICT INECRMATICN CUSTCMER SERVICE CENTER Check Total: CUSTOMER SERVICE CENTER Check Tbtal: Vr Total: AUICNDITVE ATICKTITVE Check Total: AUTO FLOW PRDRRnc ER Check Total: NATURAL C4n1S NATURAL (MS Check Total: LQN TERM DISABILITY NFiv1T Check Total: OlenCE SUPPLIES INVENRDRY Check Total: CONIRACUAL SERVICES GENERA= SERVICES CCNIRACRAL SERVICES REPL HWY50 WIRLN- 4INNvEWY CUSTOMER CCLVIRACIt AISERVIC ES Check Total: CCNIRACIML SERVICES Arco nzt Check # Type 47,376.38 47,376.38 00060429 Ma 471.00 471.00 00060430 Ma 50,870.38 77.67 77.66 155.33 00060431 Mfi 6,580.00 6,580.00 00060432 Ma 7,814.15 57.04 7,871.19 00060433 P4 1,455.33 1,455.33 00060434 MR 560.09 560.09 00060435 Mn1 373.10 373.10 2,736.00 45.50 113.75 1,824.00 5,465.45 00060436 M4 1,225.00 South Tahoe P.U.D. 06/30/05 PAYMENT O F CLAIMS R E P O R T 06/17/2005-07/07/2005 QV:ski THU, JCN 30, 2005, 9:25 AM - -req: THERESA -- -leg: C4J JL - -loc: CNS1'1E - -- -jab: 340896 #J353--- -prcg: 09 <1.07 >-- report id: Default Selection: Check Stock ID: AP ; Check Types: NW, Hw, RV, VH vender Narre Aoaxmt # Dprtrrent TRPA TAME EWE= TAt CSCN AREA NEWS TAE M3CNTAII`T NEWS TAHOE PRINT1N3 THEESEN, CAROLYN TUSTIN LC CK AND SAFE USArrrJF BOOK 20 -27 -4405 DISIRICT INFCRNATTCN 10 -29 -6650 20 -29 -6650 20 -02 -4405 20 -29 -8401 20 -29 -7048 10 -22 -4930 20 -22 -4930 10 -39 -4930 20 -39 -4930 20 -27 -6660 10 -00 -0428 10 -39 -6200 20 -39 -6200 10 -37 -4840 20 -37 -4840 10 -01 -6073 20 -38 -6073 IIAJIlNEERIIM FNGINEERIM P[MPS EM:I:NEER= E IINEER_= HCMAN RESOURCES DIREC'ICR FINANCE FINANCE DISTRICT INFORMATTCN GENERAL & AIIMINISIRATICN Tim FINANCE INFCRMATTCN SYSTEMS BVFCMATTCN SYSTEMS LIB REPAIR CUSICMER SERVICE Description C NIRACTLAL SERVICES Check Total: OPERATIM PERMITS OPERATII\U PERMITS Check Total: CCNIRACTUAL SERVICES Q EICMER SERVICE CENTER Check Total: CS LAGgJCg MIKES PADS / /LEGAL NOTICES AE6 /LPL NOTICES Check Total: WATER CELEERVATICN EXPENSE Check Total: 01.1.10E SUPPLIES INVENICRY Check Total: TRAVEL %E TATICN Check Total: DISTRICT CZMPUIfR SUPPLIES DISTRICT OCMPUIER. SUPPLIES Check Total: SvALL TOOLS SMALL TWLS Arrmt Check # Type 1,225.00 2,450.00 2,000.00 2,000.00 4,000.00 183.36 40.24 223.60 00060437 Ma 00060438 Ma 00060439 M' 103.78 993.85 993.84 309.03 250.83 2,651.33 00060440 MAT 225.00 225.00 00060441 Ma 407.59 407.59 00060442 Ma 42.03 42.03 84.06 00060443 Ma 1,000.10 1,085.65 2,085.75 00060444 MJ 143.58 240.46 South Tahoe P.U.D. 06/30/05 PAYMENT O F CLAIMS R E P O R T 06/17/2005-07/07/2005 THUT, JLN 30, 2005, 9:25 AM - -req: TEE - - -le: GL �, - -lcc: E1�1E - -- -job: 340896 #J353--- -prcg: 09 <1.07>--report 19 Default Selection: Check Stock ID: AP ; Check Types: IVW, HW, RV, VH Vendor Narre A x jot # DepariaTelt USARTI1F;BOOK U S POSIM SIER UNIV OF CALIF - DAVIS VERI7CN VERIZ N WIRELESS 10 -38 -6073 CIE'ICNER SERVICE 10 -04 -6023 HEAVY MAINIEIE 10 -28 -6042 ALPINE QXIVIY 10 -00 -4810 20 -00 -4810 20 -07 -6110 20 -29 -8463 10 -28 -6310 10 -27 -6310 20 -27 -6310 10 -38 -6310 20 -38 -6310 10 -00 -6310 20 -00 -6310 10 -28 -6310 10 -04 -6310 10 -01 -6310 20 -01 -6310 10 -05 -6310 20 -05 -6310 10 -29 -6310 20 -29 -6310 GENERAL & ALM NISIRATICN GENERAL & AEMINISIRATICN 'AB:RA:CRY E INE R] ALPINE CC NIY DISIRICT IIE FMATTCN DISTRICT INECEVATICN OUSICNER SERVICCE COAL & AIIMINNSIRATICN GENERAL &ALM NISIRATICN ALPINE HEAVY N UNEER2RaND REPAIR L1 ND REPAIR EQUIPMENT REPAIR WI IluREPAIR EN'IlEEERII Descrripticn S.^ALL TOOLS FILTER FQJIP /ELEG Check Tbtal: CIS & NAINIEINE Check Tbtal: Vendor Tbt-al_ : PCGIA3E EXPENSES POSMSE EXPENEES Check Ibtal: SD UP TREE WELL RFtR] T Check Tbtal: T E E'.PF-YNE TFT E'.CHME TFT E'PH NE TFT E'.PFY:NE TFT E'Gr p n TFTEPHNE TEL E.P :NE E E'PIY NE TFT E'PF Y NE TFT EP ENE TFT E'.P :NE TFT E'PF :NE TELEHI NE E E'P -I N Check Tbtal: ATcurit Check # Type 206.94 374.58 965.56 00060445 1W 70.36 70.36 00060446 M'1 1,035.92 75.00 75.00 150.00 00060447 533.55 106.71 640.26 00060448 MAI 168.20 168.20 00060450 MA7 23.95 23.95 12.47 81.48 0.97 0.97 5.56 6.93 19.16 36.55 12.78 12.78 70.66 70.65 South Tahoe P.U.D. 06/30/05 PAYMENT O F CLAIMS R E P O R T 06/17 2005 - 07/07/2005 CPPae20 THUD, J[N 30, 2005, 9:25 AM - -req: THERESA---leg: GL 3L- -loc: CN51'1E--- -jc�b: 340896 #J353--- -prcg: 09 <1.07 >- -report id: PC Default Selection: Check Stock ID: AP ; Check Types: MiA1, HW, RV, VH Vendor Nacre Paccunt # Dpart ent WALLACE, P DLIANE WFDJD INC WFF ID INC. WESTERN NEVADA SUPPLY 10 -03 -6310 20 -03 -6310 10 -37 -6310 20 -37 -6310 10 -02 -6310 20 -02 -6310 10 -07 -6310 20 -07 -6310 10 -21 -6310 20 -21 -6310 ELECTRICAL AL S -DP ELECTRICAL SHOP INFORMATTCN SYSTEMS INECFMTICN SYSTEMS PCMPS PCMPS LAHCRATCRY LB1ATCRY ALMI ISIRATTCN AlTIENTSIRATICN 20 -19 -6200 BOARD OF DIRE✓IC S 10 -03 -6051 ELECTRICAL AL gHOP 10 -03 -6073 ELECTRICAL IRTC AL SHOP 20 -03 -6073 ELECTRICAL AL SEDP 10 -03 -6071 ELECTRICAL SHOP 20 -03 -6071 ELECTRICAL AL SHOP 10 -39 -6250 FINANCE 20 -39 -6250 FINANCE 20 -38 -6045 20 -01 -6052 20 -02 -6050 10 -04 -6042 10 -04 -6653 10 -01 -6071 10 -01 -6073 10 -04 -6022 CUSICMER SERVICE LNCERGRINID REPAIR PLMPS HEADY MINIENAKE HEAVY MUNIENANCE UNDERGRaND REPAIR UNCERga.ND REPAIR HEAVY N'E Description TELEPHONE TELEPHONE TELEPHONE PF ONE TELEPHONE TELEPHONE HONE TELEPHONE TELEPHONE TELEPHONE N TELEPHONE TELEPHONE E Check Tbtal: TRAVEL /N 'IlN /ECUJCATICN Check Tbtal: POMP STATIONS SMALL TOOLS SMALL TOOLS SAP SUPPLIES SFDP SUPPLIES Check Tbtal: DJES/ME.SEIIPS /CE TIFIC ATT DUES/MEMRS IPS /CERI'IFIC ATI Check Tbtal: WATER. METERS PIPE T CCN E S, & N OES GROUNDS & SHOP SUF=ES FME�TL TIT DIl� SNWT T , TCIC)LS SIOINDIARY ECUIFMENT Amount Check # Type 5.94 5.94 2.78 2.78 11.90 11.90 3.95 3.95 15.39 15.39 458.78 00060449 MA 60.75 60.75 00060451 MW 1,100.49 81.11 196.12 109.16 55.49 1,542.37 00060452 MW 90.00 90.00 180.00 00060296 MW 1,345.27 2,921.71 3.65 666.41 17.33 509.40 55.46 323.44 South Tahoe P.U.D THU, JCN 30, 2005 06/30/05 PAYMENT O F CLAIMS R E P O R T 06/17 2005 - 07/07/2005 , 9:25 AM - -req: THERESA---leg: GL JL - -loo: C SI'1E - -- -job: 340896 #J353 - - -- 7 e 21 Pmg: 09 <1.0 >-- report id: C�R� ] fault Selection: Verrbr Nan Check Stock ID: AP ; - Check Types: NW, HW, RV, VH Acccunt # Department WTIIIF W CDCYGEN SERVICE Y S I ILTERPCiRATED ZEE MEDICAL INC 10 -04 -6023 HEAVY NAINIFI E 10 -01 -6073 10 -02 -6071 20 -02 -6071 10 -02 -6073 20 -02 -6073 20 -03 -6075 10 -04 -6071 10 -07 -4760 20 -07 -4760 ND REPAIR RAPS PIMPS PIMPS PIMPS E EORTCAL SFDP LA RAT S LABGRATORY 10 -07 -6025 LABSRATCRY 20 -07 -6025 LAB RATCRY 10 -28 -6075 10 -06 -6075 10 -38 -6075 20 -38 -6075 10 -04 -6075 10 -03 -6075 20 -03 -6075 10 -21 -6075 20 -21 -6075 10 -07 -6075 20 -07 -6075 10 -01 -6075 20 -01 -6075 ALPINE CaNTY OPERATTCN5 CUSICMER SERVICE CUSICMER SERVICE HEAVY MAINIENDIKE EL IRIC AL SIDP ELEETRICAL SHOP AEMINISTRATICN ALMENISIRATICN LAECRATCRY INDERGRaND REPAIR nD REPAIR Description 1,'1L'IER FJ JIP /BLDG Check Tbtal: SUPPLIES SNALL TOMS SEEP SUPPLIES SWILL TOOLS SV141L TOOLS SAFETY /PIEsICALs SEDP SUPPLIES L-ABCRATC�RY St PP Check Ibtal: LAB:RAa-cw EQUIPMENT LABORATCRa EXIPMEN ' Check Tbt-al: SAFETY EXIAMENI' /PHYSICAL►S SAFETY SUETY PHYSICALS EQUI PHYSICALS SAFETY' SAFETY EXI PHYSICALS Bail NI PHYSICALS SSAAFEIYY IH NI PHYSICALS SAFETY KUIHN1IVIVPHYSICALS SAFETY DQJIt-NWr /PHYSICALS SAFEIY EXIPIval `c1 ICbLS Check Tbtal: Amount Check # Type 48.62 5,891.29 00060453 MAI 24.78 14.00 14.00 205.92 205.92 30.06 254.47 196.56 196.56 1,142.27 00060454 NW 194.95 200.00 394.95 00060455 NW 156.87 75.02 24.66 24.66 31.26 11.55 11.54 8.76 8.75 11.30 11.29 21.43 21.43 418.52 00060456 MI S o u t h T a h o e P.U.D. 06/30/05 PAYMENT O F CLAIMS REPORT 06/17/2005-07/07/2005 aysk IHU, JUN 30, 2005, 9:25 AM - -req: THERESA---leg: 3L- -loo: CNSl'1E - -- -jab: 340896 #J353--- -prog: 09 <1.07>--report rt id: Default Selection: Check Stock ID: AP ; Check Types: MAT, HW, RV, VH Verrbr Narre Axnmt # DEpartnent ipticn Arrrx mt Check # Type Grand Total: 2, 837, 539.75 South Tahoe General Manager P. ichard H. 9olbrig D~kectors Tom Com~ Jame~ R. Jones Mar'~ Lou Mo~bacher Puane Wallace Eric E~chafer 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: FROM: MEETING DATE: ITEM - PROJECT: Board of Directors Richard Solbrig, General Manager, Paul Sciuto, Assistant General Manager/Engineer July 7, 2005 Conference with Legal Counsel - Anticipated Litigation (two cases) REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9(b) 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 NO CATEGORY: South Tahoe Public Utility District General Manager F. Ichard H..~olbrig D/cectors Tom Com'c~ James I~ Jones Mary Lou Mosbacher Puane 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: Richard H. Solbrig/General Manager, Gary Kvistad/Legal Counsel MEETING DATE: July 7, 2005 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 ~ CHIEF FINANCIAL OFFICER: YES ~,y~e~. NO NO CATEGORY: Sewer South Tahoe Public Utility District General Manager ~char~ H. 5olbrlg D/~-ectJof$ Tom Comte Jamee ~. Jones Mary Lou Mosbacher Duane Wallace Eric 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 TO: Board of Directors FROM: Jim Hoggatt/Construction Manager/Engineer, Gary Kvistad/Legal Counsel MEETING DATE: July 7, 2005 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 ~?~,~ CHIEF FINANCIAL OFFICER: YES ~C~<- NO NO CATEGORY: Water South Tahoe Public Utility District General Manager I~ichar~l H. $olbrig D/rec[ors Tom Comt~ James F.. Jones Mary Lou Mosbachmr Puanm Wallac¢ Eric .'~chaf~r 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.d TO: FROM: MEETING DATE: Board of Directors RiChard H. Solbrig, General Manager July 7, 2005 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 CHIEF FINANCIAL OFFICER: YES NO NO CATEGORY: Sewer