Loading...
AP 07-21-05SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, July 21, 2005 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Richard Solbri~l, General Mana~ler Eric W. Schafer, President BOARD MEMBERS Paul Sciuto, Assistant Mana~ler Duane Wallace, Vice President James R. Jones, Director III III II IIII II Illi I Iii I/ I I Mary Lou Mosbacher, Director Tom Comte, Director I II III I II I I IIII II I III il/lllillll IIIIIII I I I I II~illllilllil II i1111 ill III 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE 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.) CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR (Any item can be discussed and considered separately upon request.) CONSENT ITEMS BROUGHT FORWARD FOR ACTION I DISCU,SSION ITEMS FOR BOARD ACTION ao bo Land and Real Property Management Policy (Rick Hydrick) Payment of Claims REQUESTED BOARD ACTION Approve Land and Real Property Management Policy Approve Payment REGULAR BOARD MEETING AGENDA- JULY 21,2005 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 PAGE- 2 11. 12. 13. 14. GENERAL MANAGER REPORTS STAFF REPORTS NOTICE OF PAST AND FUTURE MEETINGS I EVENTS Past Meetings I Events 07~09~05 - Death Ride (District sponsored aid station at Pickett's Junction) 07/13/05 - El Dorado County Water Agency Meeting 07/13/05 - Lahontan Regional Water Quality Control Board Meeting 07/18/05 - Finance Committee Meeting 07/18/05 - Operations Committee Meeting 07/18/05 - Nomination Period for Board Candidates Begins (through August 12) Future Meetings I Events 07/28/05 - 8:30 a.m. - Small Claims Court for District's Claim Against SBC for Damage to Al Tahoe Forcemain on July 2, 2004 07/28/05 - 11:00 a.m. - Special Board Meeting Honoring Assemblyman Leslie at City Council Chambers 08/01/05 - 4:00 p.m. - Operations Committee Meeting at District Office 08/02~05 - 9:00 a.m. - Alpine County Supervisors Regular Meeting in Markleeville 08/04/05 - 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 (One Case) 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. CIV S-02-0238 MCE JFM Co Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel- Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant REGULAR BOARD MEETING AGENDA- JULy 21~ 2005 PAGE - 3 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, August 4, 2005, 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the meeting and at the District office during the hours of 8:00 a.m. - 5:00 p.m., Monday through Friday. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public Heatings will not be called to order prior to the time specified. Public participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard; comments should be bdef and directed to the specifics of the item being considered. Comments on items not on the agenda can be heard during "Comments from the Audience;" however, action cannot be taken on items not on the agenda. Please provide the Clerk of the Board with a copy of all written material presented at the meeting. The meeting location is accessible to people with disabilities. Every reasonable effort will be made to accommodate participation of the disabled in all of the District's public meetings. If particular accommodations for the disabled are needed (i.e., disability-related aids, or other services), please contact the Clerk of the Board at 530.544.6474, extension 6203, at least 24 hours in advance of the meeting. ITEMS I CONSENT CALENDAR JULY 2'1, 2005 REQUESTED ACTION Union Long Term Disability Plan Renewal (Nancy Hussmann) Approve Changing the Union's Long Term Disability Plan from Jefferson Pilot to Assurant/Fortis, Represent- ing a 27% Savings Over the Jefferson Pilot Renewal Quote Penner Water Main Extension Agreement (Lisa Coyner) Approve Agreement Co Snowshoe Thompson Irrigation Pipeline (Jim Hoggatt) Authorize Staff to Advertise for Bids for Construction of Pipeline 2004 Highway 50 Waterline Replacement Project (Jim Hoggatt) Approve Change Order No. 1 for Nicholas Construction in the Amount of $88,187.96 B-line: Phase 3 - Export Pipeline Replacement Project (Paul Sciuto) Authorize Entering into a Three- Party Agreement with the TRPA and Entrix, in an Amount Not to Exceed $45,000, to Satisfy a TRPA Permit Requirement to Hire an Environmental Inspection to Oversee the Project's Environmental Management (Subject to Final Approval by Staff, Provided the Terms do Not Significantly Change from the Draft Presented) Regular Board Meeting Minutes: June 16, 2005 (Kathy Sharp) Approve Minutes South Tahoe Public Utility District · 1275 Meadow Crest Drive · South Lake Tahoe, CA 96150 Phone 530.544.6474 · Facsimile 530.541.0614 · www.stpud.us South Tahoe Public Utility District General Manager F.i~hard H. Solbrig DiFector$ Torn Comte James I~ Jon~¢ Mary Lou Mo~bach~r 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 NO. 4.a TO: Board of Directors FROM: Nancy Hussmann MEETING DATE: July 21,2005 ITEM - PROJECT NAME: Union Long Term Disability Plan Renewal REQUESTED BOARD ACTION: Approve changing the Union's Long Term Disability Plan from Jefferson Pilot to Assurant/Fortis, representing a 27% savings over the Jefferson Pilot renewal quote. DISCUSSION: The current Union Long Term Disability(LTD) policy with Jefferson Pilot is scheduled to renew on August 1,2005. Jefferson Pilot provided BB&H Benefit Designs, Inc, (the District's insurance consultants) a renewal quote resulting in a 19% increase over the current premiums. BB&H Benefit Designs therefore went out for proposal with 15 insurance carriers, of which seven were responsive. Exhibit 1 indicates the current Jefferson Pilot (JP) premiums, the renewal quote from Jefferson Pilot, and the seven responsive quotes. Assurant/Fortis, with whom the District has its Life Insurance policy, provided the most competitive quote, with rates of $0.38 per hundred dollars, for total estimated annual savings of $6,447.35 over the current plan with Jefferson Pilot. Exhibit 2 summarizes the differences in the plan provisions between the current Jefferson Pilot and the recommended Assurant/Fortis. The proposed Assurant/Fortis offers several benefit enhancements, including: 1. Since Life and Disability will both be with Assurant/Fortis, once an LTD claim is submitted, it will automatically be forwarded to the Premium Waiver Department so additional Premium Waiver does not need to be filed. 2. The definition of disability may be met by the employee meeting either the Earnings Test or the Occupations Test. Currently, the employee must meet both the Earnings and the Occupations tests to be determined to be disabled. 3. The plan has a limited conversation benefit for terminated employees in the amount of $1,000. 4. The pre-existing conditions limitation is more generous, allowing an employee to go three months "treatment free". The current policy doesn't cover any pre- existing condition until the person has been insured for 12 consecutive months. Transferring to this new policy will not require any new waiting periods. Assurant/Fortis provides some rehabilitation benefits that are leading the industry: a. Family Care Expense Credit up to a maximum of $350 per dependent per month b. ADA accommodation benefit paid to the District up to $3,000 to cover any expense incurred by an employee or claimant making the workplace modifications to enable the disabled employee to return to work. c. Spousal Rehabilitation Benefit provides vocational services for spouses of disabled employees. d. Job Search Assistance and Additional Benefits up to 3 months. e. Rehabilitation Benefit incentive equal to 10% increase in benefit to a maximum of $1,000 for those actively participating in the qualified rehab program. f. Wage subsidy to the employer as an incentive for employees to return to limited work. g. Mandatory Rehabilitation Program for qualified claimants. Although the current policy with Jefferson Pilot is voluntary, there are additional incentives (see above) for participation in the rehab program (i.e., increase monthly benefit by 10% for those who participate, and assist the employer with the first month's return to work earnings. Overall, the AssurantJFortis plan provides equal or greater benefits at reduced premium rates. BB&H and staff recommends that the District implement this program with AssurantJFortis for it's Union employees. SCHEDULE: July 22, 2005 - Notify BB&H of approval. August 1,2005 - new policy effective date. COSTS: 2005-06 estimated $17,162.65 ($6,447.35 less than current plan) ACCOUNT NO: Various BUDGETED AMOUNT REMAINING: $25,075 ATTACHMENTS: Exhibits 1 and 2 CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES~Y NO NO CATEGORY: General South Tahoe Public Utility District LTD marketing Effective Date: August 1, 2005 Exhibit 1 Assurant / Fort JP Current JP Renewal Hartford Guardian Fortis Aetna Dearbom MetLife Prudential covered volume 378,365 378,365 378,365 378,365 378,365 378,365 378,365 378,365 378,365 rate per $100 $0.52 $0.62 $0.58 $0.56 $0.38 $0.48 $0.59 $0.57 $0.69 est. monthly cost $ 1,967.50 $ 2,345.87 $ 2,194.52 $ 2,118.85 $ 1,430.22 $ 1,816.15 $ 2,232.36 $ 2,156.68 $ 2,610.72 . est. annual cost $ 23,610.00 $ 28,150.39 $ 26,334.23 $ 25,426.16 $ 17,162.65 $ 21,793.85 $ 26,788.27 $ 25,880.19 $ 31,328.66 $ difference from current $ 4,540.38 $ 2,724.23 $ 1,816.15 $ (6,447.35) $ (1,816.15) $ 3,178.27 $ 2,270.19 $ 7,718.65 % difference from current 19% 12% 8% -27% -8% 13% 10% 33% BB &I I Hoek Assigsa South Tahoe Public Utility District LTD Benefit Comparison Exhibit 2 LONG TERM DISABILITY Plan Provision Employee Eligibility: Jefferson Pilot All active full-time Union employees who work at least 20 hours per week for the employer on a regular basis. Assurant;'Fortis All active full -time Union employees who work at least 20 hours per week for the employer on a regular basis. Employee Contribution: 100% employee paid - benefit is received tax -free. 100% employee paid - benefit is received tax- free. Elimination Period: 365 days 365 days Benefit Amount: ° 60% of earnings to a maximum of $3,000 per month 60% of earnings to a maximum of $3,000 per month Minimum Monthly Benefit: $100 $100 Maximum Benefit Duration: To age 65 To Social Security Normal Retirement Age Residual Disability: Included, total disability not required during the elimination period Included, total disability not required during the elimination period Break in 8imination Period: An employee may retum to work for up to 45 days. An employee may retum to work for up to 60 days. Integration: Full Family Social Security Full Family Social Security S. Tahoe Public Utility District, LTD Benefit Comparison 6/24/2005 LONG TERM DISABILITY Plan Provision Jefferson Pilot Definitions of Disability: Disability or Disabled means: During the Elimination Period and for the next 36 months, you meet all of the following: 1. You are unable to do the Material & Substantial duties of your Own Occupation; and 2. Your work eamings are less than 80% of your indexed pre - disability earnings. After 36 months, you continue to be disabled if you meet all of the following: 1. You are unable to do the material & substantial duties of any occupation for which you are or may become reasonably qualified by education, training or experience; and 2. Your Work Earnings are less than 80% of your indexed pre - disability eamings. Assurant, Fortis DisablHty or Disabled means: During the Elimination Period and for the next 36 months, you satisfy either the Occupations Test or the Eamings Test as described below: 1. Occupations Test: During the first 36 months of a period of disability (including the qualifying period), an injury, sickness or pregnancy prevents you from performing at least one of the material duties of your regular occupation. 2. Earnings Test: You may be considered disabled in any month in which you are working, if an injury, sickness or pregnancy, whether past or present, prevents you from earning more than c X0898% of your monthly pay in that month in any occupation for which your education, training or experience qualifies you. Partial Disability Benefits: A person may be considered eligible for benefits if he /she works part time and meets the qualifications of definition of disability above. Included, see the "Earnings Test" above. Incentive Partial Benefits: No offset of part time earnings for the first 12 months unless income plus benefit exceeds 100% of indexed pre - disability eamings. After 12 months, there is a 50% offset of return to work eamings. No offset of part time eamings for the first 12 months, unless income plus benefits exceeds 100% of your monthly pay. Affer 12 months, there is a 70% Indirect offset of return to work earnings. Recurrent Disability: 6 months or less 6 months or less Self Reported Symptoms: No limitation No limitation S. Tahoe Public Utility District, LTD Benefit Comparison 6/24/2005 BB &1I benefit designs LONG TERM DISABILITY Plan Provision Survivor's Benefit: Jefferson Pilot Assurant;'Foitis A three -month net benefit is paid to the A three -month of benefit payments if the survivor (unmarried children to age 21) upon insured dies while receiving LTD benefits. The the death of the insured. Must be disabled for Survivor benefit is paid to the insureds spouse, 6 months. if living, otherwise to any eligible dependent children. Pre - Existing Conditions: 3 months prior or covered after 12 months of 3 months prior, 3 months treatment free or insured. covered after 12 months of Insured. Mental Nervous Limits: 24 month of benefits. 24 month of benefits. Substance Abuse Limits: Waiver of Premium: 24 month of benefits. 24 month of benefits. Included Included Social Security Assistance: Included Rate Guarantee: Renewal Rate: Included 2 years 2 years $0.620 on 8/1/05 (current rate: $0.520) Proposed rate of $0.38 S. Tahoe Public Utility District, LTD Benefit Comparison 6/24/2005 13B &I I bone( it designs South Tahoe Public Utility District (~ner~l Manager Richard H, Solbrtg D/rec~ors Tom Comt,~ James R. Jones Mary Lou Mosbacher Duane Wallac~ Er'lc ~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.b TO: Board of Directors FROM: Lisa Coyner, Manager of Customer Service MEETING DATE: July 21,2005 ITEM - PROJECT NAME: Penner Water Main Extension Agreement REQUESTED BOARD ACTION: Approve Agreement DISCUSSION: Mr. and Mrs. Penner are currently sharing a well with their neighbor and would like to connect to the District's water supply. However, there is no water main to serve their property, thus requiring the property owner to pay for a water main extension of approximately 116 feet from the nearest point of connection on Betty Rae Lane. District engineers have reviewed the plans submitted by contractor G B General Engineering, and have determined that the District's Underground Repair Department will install a 4-inch main from Herbert Avenue and pay to upsize the line (from the 1-inch to the 4-inch). SCHEDULE: coSTs: ACCOUNT NO: 2029-8584 BUDGETED AMOUNT REMAINING: ATTACHMENTS: Water Main Extension Agreement CONCURRENCE WITH REQUESTED ACTIO/~) GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES'/.~. ~_.~d_ NO NO CATEGORY: Water WATER MAIN EXTENSION AGREEMENT This Water Main Extension Agreement (Agreement) is made by ~nd between the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the public utility District Act (District), and Penner Family Revocable Trust of 11/29/99 (Applicant) on this 21 day of July 2005, at South Lake Tahoe, California, with reference to the following facts and intensions: A. The District owns and operates a water treatment and distribution system (System) for the beneficial use by the District and its customers located within the City of South Lake Tahoe and certain portions of the County of E1 Dorado, California; B. Applicant owns certain real property and improvements located at 3603 Betty Rae Lane, California, Assessor Parcel Nos. 027-204-34-100, and more particularly described in the legal description attached as Exhibit A, which is incorporation by this reference (Applicant's Property); C. Applicant has submitted an application, dated June 3, 2006, (Application) requesting the District to approve a water main extension (Main Extension) to provide water service to their properties; D. The District's Board of Directors approved and authorized the District to enter into this Agreement of July 21, 2005; E. The District provided the Applicant with a copy of its main extension procedures (Procedures); F. Applicant intends to commence construction on the Main Extension, which consists of approximately 116 feet of an 1" - inch pipeline; G. The District will pay to upsize the Main Extension pipeline from 1 - inch to 4 - inches, add additional fire hydrant(s), and add connection valves for use by potential future customers; and H. Applicant desires the District to accept the dedication of the Main Extension and provide regular water service to Applicant and the District agrees to accept the Main Extension and provide such water service pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Water Main Extension. 1.1 Compliance. The Applicant shall comply with all of the District's rules, regulations and procedures related to main extensions including, but not limited to, the Application and the Procedures. 1.2 Construction. The Main Extension will be constructed by the Applicant's contractor and will include all of the water transmission facilities necessary to provide the requested water service including, but not limited to, mains service lines, valves and fire hydrants, and other appurtenances as shown on the Contract Documents and specifications approved by District staff, dated July 8, 2005 (Contract Documents), and approved by the District. 1.3 Construction Standards. The Contract Documents prepared by Applicant's engineer and the construction performed by Applicant's contractor will be in accordance with the District's standards and specifications. The Contract Documents were submitted to and approved by the District prior to preparation of this Agreement. The construction of the Main Extension will be in conformance with the Contract Documents, except modifications, if any, that are reviewed and approved by the District. The Applicant will furnish the District with one (1) complete set of duplicate originals and two copies of approved as-built Contract Documents. 1.4 Permits. Applicant affirms that the Main Extension will comply with all local, state and federal laws, regulations and orders. Applicant, at his/her sole cost and expense, will obtain all permits and approvals from such governmental agencies having jurisdiction as necessary for performance of the activities related to this Agreement prior to construction. 1.5 Environmental Analysis. The Tahoe Regional Planning Agency (TRPA), the City of South Lake Tahoe, and/or El Dorado County Department of Transportation and/or CalTrans are permitting agencies for the project. Applicant agrees to comply with all applicable environmental laws, including, but not limited to, the California Environmental Quality Act (CEQA) and the National Environmental Protection ACT (NEPA) and to submit copies of all environmental documents related to the project to the District as they are finalized. 1.6 Encroachment Permits. The Main Extension will be constructed in a public right-of-way for which the District has a blanket encroachment. 1.7 Reimbursement to District. Applicant shall make such deposits pursuant to the Application to reimburse the District the Costs and expenses incurred by the District with respect to the Main Extension including, but not limited to, planning, design, construction, document preparation, inspection, and other such costs and expenses, whether performed by the District's employees, agents or consultants. 1.8 Accounting to Aoolicants. Prior to acceptance of the Main Extension by the District, the District will furnish Applicant a written accounting of all deposits made by the Applicant for the District's costs and expenses incurred in relation to this Agreement for which the Applicant is responsible. 1.9 Indemni .ry. Applicant shall indemnify, defend and hold harmless the District and its directors, elected officials, officers, agents, contractors and employees, from and against any and all claims, liabilities, damages, losses, costs and expenses of any nature whatsoever, including attorneys, paralegals and expert fees and costs which arise out of, relate to or result from Applicant's and their agents', contractors', and engineers' activities and obligations under this Agreement including, but not limited to, design, planning, permitting, construction, testing, maintenance and repair of the Main Extension, except to the extent of any liability, loss, cost or expense caused by the District's active negligence or willful misconduct. 1.10 Joint and Several Liabili .ry. Applicants shall be jointly and severally liable to the District for all obligations under this Agreement. 1.11 Insurance. Applicant shall cause its Contractor'to procure and/or maintain, in full force and in effect during the construction of the Main Extension, the insurance required by this section. a. Workers Compensation Insurance. Insurance to protect the Contractor and its subcontractors from all claims under California Workers Compensation and Employer's Liability Acts, including Longshoreman's and Harbor Workers Act. Such coverage shall be maintained, in the type and amount, in strict compliance with all applicable State and Federal Statutes and regulations. b. Commercial General' Liability Insurance. Insurance to protect against claims arising from death, bodily or personal injury or damage to property resulting from actions, failures, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured. c. Automobile Liability Insurance. Insurance to protect against claims arising from death, bodily or personal injury or damage to property resulting from actions, failures, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured. Coverage shall include all owned, non-owned and hired vehicles. d. General Provisions. The above insurance coverages shall be subject to the District's reasonable approval. The District shall be named as the additional insured on the commercial general liability and automobile policies. The above insurance shall be primary as respects the interest of the additional insured, include a cross liability and severability of interest endorsement, a waiver of any and all transferable rights of recovery (subrogation) against the additional insured. In addition, the above insurance shall not limit the indemnification obligations of Applicant. 1.12 Guaranty. a. Applicant guaranties that the Main Extension will be construction in accordance with the requirements of this Agreement and in a good and workmanship like manner. Applicant agrees to reimburse the District, upon demand, for the full cost and expense of any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of acceptance by the District. b. Replacement of earthfill or backfill, where settlements below the required finish surfaces, shall be considered as part of any such repair work. Any such repair or resurfacing which becomes necessary by reason of such settlement shall be likewise considered part of such repair work, unless Applicant shall have obtained a statement in writing from the affected private owner or public agency, as applicable, releasing the District from liability and responsibility in connection with such settlement. 1.13 Bond. Prior to commencement of construction, Applicant shall cause its contractor to furnish the District with a performance bond in an amount equal to the construction cost of the Main Extension. The performance bond shall be maintained in full force and effect during the construction of the Main Extension and the guaranty period for the purpose of ensuring that the Applicant will pay for any repairs or replacements to the Main Extension. District shall have the right to enforce the performance bond to ensure the Main Extension is completed pursuant to this Agreement. The performance bond shall be in the District's standard form for such bonds. 1.14 Notice of Completion. Applicant will cause to be recorded, a Notice of Completion (NOC) in the manner, form and time required by Title 15 of the Civil Code of the State of California and shall furnish District with a conformed copy of the recorded Notice endorsed by the E1 Dorado County Recorder's office. Not less than sixty (60) days or more than seventy (70) days after the recording of the Notice, Applicant shall furnish to District evidence that no claim of lien has been recorded, or if any lien has been recorded, evidence that it has been satisfied or bonded against. 1.15 Dedication. After compliance with all of the above requirements, Applicant will execute an irrevocable offer to dedicate the Main Extension to the District on a form provided by the District. The District will then place the offer to dedicate on the District Board of Directors' meeting agenda for acceptance. The District will not accept the offer until all of the requirements of this agreement have been satisfied. 1.16 Connection With Other Lands. Nothing in this Agreement shall be construed to preclude the District from allowing persons or properties, in addition to those owned by the Applicant, from connecting to the Main Extension. 1.17 Covenants running with the Land. This Agreement and the rights, duties and obligations of the parties shall be construed as covenants running with the land pursuant to California Civil Code section 1468, and shall be binding upon and inure to the benefit and burden of the parties and their successor owners. 2. Pro-rata Reimbursement of Applicant and District 2.1 Reimbursement Charge. If the owner of any property located within the area to be served by the Main Extension, other than the property owned by the Applicant (Benefited Property), connects to the Main Extension during the term of this Agreement, the District shall impose a charge (Reimbursement Charge) on each such Benefited Property's proportional usc of the Main Extension based on thc number of total connections. 2.2 Connection Char~,e. The Reimbursement Charge shall be in addition to any connection fee, permit fee, inspection fee, service charge, or any other payment imposed by District as a condition of approval, the connection of improvements to District's water system and providing water service. District shall not be required to impose a Reimbursement Charge (i) for properties other than a Benefited Property; or (ii) for temporary connections. Nothing contained in this Agreement shall prevent District from imposing fees or charges other than the Reimbursement Charge on any property. 2.3 Pro-rata Reimbursement of Application and the District. The Reimbursement Charges imposed on any Benefited Property which are collected by the District during the term of this Agreement shall be paid in proportion to the Applicant's and the District's respective payment for the cost of the Main Extension. 2.4. Reimbursement Limit. The total of all Reimbursement Charges paid to Applicant by the District shall not exceed the Applicant's pro-rata share of costs paid for the Main Extension. No payments shall be made to Applicant for any fees or charges collected by the District other than Reimbursement Charges imposed on any Benefited Property. 2.5 Term. The term of section 2 of this Agreement shall expire on July 1, 2010 unless earlier terminated as provided in Section 3.4 hereof. Any Reimbursement Charges collected by District following the expiration of the term of section 2 of this Agreement shall belong solely to the District. 2.6 Assignment. Applicant's right to receive Reimbursement Charges are not personal to Applicant and shall not survive the sale by Applicant of all or any portion of Applicant's property, but shall entitle the subsequent owners of the Applicant's property to such reimbursement. 3. Water Service 3.1 General. Upon acceptance of the Main Extension by the District, the District shall provide water service pursuant to the District's Administrative Code, roles and regulations to the Penner Family Revocable Trust of 11/29/99 located on the Applicant's property, as described at the beginning of this Agreement. 3.2 Connection Charge. The Applicant shall pay the District, in addition to any other costs and expenses related to this Agreement, a connection charge as a condition to permitting the connection of improvements to District's water system and providing water service. The connection charge shall be in accordance with the District's Administrative Code, roles, regulations and policies as applicable to all of the District's customers. 3.3 Administrative Code. The water service provided by the District to Applicant pursuant to this Agreement shall be subject to the District's Administrative Code, rules, regulations and policies to the extent not inconsistent with the terms and conditions of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and the District's Administrative Code, rules, regulations or policies, this Agreement shall control in all respects. 4. General Provisions. 4.1 Recitals. The recitals stated at the beginning of this Agreement of any matters of facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the recitals, if any, shall be deemed a part of this Agreement. 4.2 Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted, to be effective, shall be in writing and shall be delivered, either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or other similar overnight delivery service, to the party to whom the notice is directed at the address of such party as follows: TO: SOUTH TAHOE PUBLIC UTILITY DISTRICT South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Attention: Lisa Coyner, Customer Service Manager With a copy to: Gary Kvistad, Esq. Hatch & Parent 21 East Carillo Street Santa Barbara, California 93101 TO: Applicant Penner Family Revocable Trust of 11/29/99 Wilmonte L. Penner & Joan A. Penner 900 Saverien Drive Sacramento, CA 95864-6145 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 notice of its new address. 4.3 Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties or their respective heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 4.4 Assignabili~. This Agreement shall not be assignable, except to subsequent owners of Applicant's property, by [insert applicant's name here] without prior written consent of the District, who shall have the sole discretion to consent or not to consent to any proposed assignment. Any attempted assignment without the approval of the District party shall be void. 4.5 Waiver. No waiver by any party of any of the provisions shall be effective unless explicitly stated in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained in this Agreement, and in any documents delivered or to be delivered pursuant to this Agreement. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 4.6 Headings. The section headings contained in this Agreement are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. 4.7 Severability. If any term, provision, covenant or condition of this Agreement shall be or become illegal, null, void or against policy, the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired or invalidated. The term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable, shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Agreement. 4.8 Counterpart.s.. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 4.9 Governin~ Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of'the State of California to the extent California Law is applicable to the Untied States, with venue proper only in the County of E1 Dorado, State of California. 4.10 Parties in Interest. Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action against any party to this Agreement. 4.11 Attorne.y Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees award shall be made as to fully reimburse for all attorneys' fees, paralegal fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys; fees, paralegal fees, costs and expenses paid or incurred in good faith. 4.12 Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement. 4.13 Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has.participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. 4.14 Several Obliflations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Agreement. 4.15 Authori .ry. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform all acts required by this Agreement, and that the consent, approval or execution of or by any third party is not required to legally bind either party to the terms and conditions of this Agreement, 4.16 Ownershio. Applicants represent and warrant to the District that, with respect to each or their properties, that they are the sole owners, in fee, and no other person or entity has an ownership interest. 4.17 Entire A~reement. This Agreement contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties. There have been no binding promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature, except as stated in this Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future fight to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppels. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year and at the place first written above. DISTRICT APPLICANT South Tahoe Public Utility District By: Eric Schafer, Board President Signature Name Title ATTEST: By: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District General Manager P-Jchard H. Solbrig 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: FROM: MEETING DATE: Board of Directors Jim Hoggatt, Engineering Department Manager July 21,2005 ITEM - PROJECT NAME: Snowshoe Thompson Irrigation Pipeline REQUESTED BOARD ACTION: Authorize staff to advertise for bids for construction of pipeline. DISCUSSION: A pipeline will be installed in the Snowshoe Thompson Ditch that is above the Woodford Inn. This is the ditch that washed out and floOded the Woodford Inn in January 1997. The schedule is as follows: Advertise for bids Mandatory Pre-bid Open Bids Board Award contract Notice to Proceed August 2, 2005 to August 30, 2005 August 23, 2005 August 30, 2005 September 1,2005 Se ptember 26,2005 SCHEDULE: See above COSTS: $1,800,000 ACCOUNT NO: 1029-8572/SNOSHU BUDGETED AMOUNT REMAINING: $401,022 ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTIO~I: GENERAL MANAGER: YES ~' ~,~/ NO CHIEF FINANCIAL OFFICER: YES' ~/~,'--~/~c.._ NO CATEGORY: Sewer South Tahoe Public Utility District General Manager P. Ichard H. ~olbrig DJFec[oF5 torn Comt~ Jarn~e R. Jon~ Mary Lou Mo~bacher Puane Wallac~ Eric 9chaf~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: Jim Hoggatt, Engineering Department Manager MEETING DATE: July 21,2005 ITEM - PROJECT NAME: 2004 Highway 50 Waterline Replacement Project REQUESTED BOARD ACTION: Approve Change Order No. 1 for Nicholas Construction in the amount of $88,187.96. DISCUSSION: The itemized parts of Change Order No. 1 are as follows: Part A, in the amount of $994.65, is for repairing the 10-inch sewer main that was not marked or identified on the drawings. Part B, in the amount of $3,719.57, was for repairing an existing 4-inch water main at station 20+67 that was not marked or identified in the field. Part C, in the amount of $1,035.49, is for additional fitting required to tie the new main to existing main due to conflicts with electrical and telephone duct bank. Part D, in the amount of $5,532.20, is for extending the 6-inch water main on Second Street. The District replaced approximately 90 feet of additional 6-inch water- line on Second Street to replace some old lines and make the tie to the new 14-inch cleaner. Part E, in the amount of $1,022.05, is to repair a 2-inch PVC groundwater treatment line. The company that owns the treatment facility does not have as-built drawings or do they belong to USA DIGS. Part F, in the amount of $2,357.87, is for the water meter valve vault the District requested the contractor to excavate and set for District crews. Parts G and H, in the amounts of $1,287.42, and $898.73, are for relocating and additional fittings required to make the tie-in and repairs to the existing 6-inch main on B Street. Parts I and M, in the amounts of $292.42 and $2,144.41, are for delays and the labor and equipment to aid District crews in installing a 4-inch line stop at station 28+77. The District could not get the existing 4-inch water main to shut off to make a tie-in so staff had to install a line stop. Part J, in the amount of $1,625.22, is for additional fittings required at tie at station 1+00. Staff found the existing water main to be under an existing telephone duct bank. Parts K and L, in the amounts of $9,195.65 and $1,570.09, are for the additional fittings required to install the new 14-inch water main to eliminate a conflict with Caltrans storm drain. Caltrans does not belong to USA DIGS and does not mark their lines in the field. Part N, in the amount of $59.16, is to lower an existing water meter. Part O, in the amount of $521.31, is for additional work that needed to be done to reinstall the traffic control loops. Part P, in the amount of $6,774.36, is for the difference in size of water meter vault for the fire department house The one required by specifications was to small. Part Q, in the amount of $8,602.26, is for the additional asphalt sidewalk the City and Caltrans required the District to replace. Part R, in the amount of $40,455.10, is for adjusting bid quantities to final quantities. Staff recommends the Board approve Change Order No. 1 to Nicolas Construction. SCHEDULE: As soon as possible COSTS: $88,187.96 ACCOUNT NO: 2029-8355/H50WWY BUDGETED AMOUNT REMAINING: $142,394 (2004-05) ATTACHMENTS: Change Order No.l, Budget Analysis CONCURRENCE WITH REQUESTED ACTIQN: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES ~ NO NO CATEGORY: Water CHANGE ORDER NUMBER 1_ Project ___HIGHWAY 50-2004 WATERLINE REPLACEMENT Contractor NICHOLAS CONSTRUCTION Date JULY 21, 2005 PO#15118 The Contract Shall Be Changed As Follows: A) Repair 10" sewer main that was not marked at B Street and Highway 50, work performed on time and material not to exceed $994.65. See attachment A, DWR 1038, for breakdown of all cost. TOTAL FOR ITEM A IS $994.65 B) Repair to existing 4" steel water main not shown on plans, work performed on time and material not to exceed $3,719.57. See attachment B, DWR 1039, for breakdown of all cost. TOTAL FOR ITEM B IS $3,719.57 TOTAL FOR CHANGE ORDER NUMBER I IS A+B+C+D+E+F+G+H+I+J+K+L+M+N+O+P+Q+R= $88,187.96 Dollar Amounts Contract Time Original Contract ~ 1,354,558.85 Previous Change Order ~0 Current Contract ~ 1,354,558.85 THIS CHANGE ORDER ~ 88,187.96 New Contract Total ~ 1,442,746.81 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: c) D) E) F) G) H) I) J) K) Add additional fittings and deeper excavation to install the new 8" water main at station 32 +75 to eliminate conflict with Drop inlet and drain pipe. Work performed on time and material not to exceed $1,035.49. See attachment C, DWR 1040, for breakdown of all cost. TOTAL FOR ITEM C IS $1,035.49 Extend the new 6" water main on Second Street as directed in the field. Work performed on time and material not to exceed $5,632.20. See attachment D, DWR 1041, for breakdown of all cost. TOTAL FOR ITEM D IS $5,632.20 Repair 2" PVC ground water treatment pipeline that was not marked in the field. Work performed on time and material not to exceed $1,022.05. See attachment E, DWR 1042, for breakdown of all cost. TOTAL FOR ITEM E IS $1,022.05 Work performed on time and material not to exceed $2,357.87 to excavate for an additional 8" water meter vault at station 12 + 76. See attachment F, DWR 1045, for breakdown of all cost. TOTAL FOR ITEM F IS $2,357.87 Work performed on time and material not to exceed $1,287.42 to provide and install additional fittings to avoid conflict with existing telephone duct bank. See attachment G, DWR 1046, for breakdown of all cost. TOTAL FOR ITEM G IS $1,287.42 Work performed on time and material not to exceed $898.73 to repair the existing water main at station 1 + 54. See attachment H, DWR 1047, for breakdown of all cost. TOTAL FOR ITEM H IS $898.73 Lost production due to the water not being able to shut off on an existing 4- inch water main at station 28 + 77 for $292.42. See attachment I, DWR 1048, for breakdown of all cost. TOTAL FOR ITEM I I$ $292,42 Work performed on time and material not to exceed $1,625.22 for additional fittings required to avoid conflicts with telephone and electric conduits at station 1 + 00. See attachment J, DWR 1049, for breakdown of all cost. TOTAL FOR ITEM J IS $1,625.22 Work performed on time and material not to exceed $9,195.65 for additional fitting and trenching to relocate the new 14-inch water main under an existing storm drain at station 2 + 50. See attachment K, DWR 1301, for breakdown of all cost. TOTAL FOR ITEM K IS $9,195.65 2 L) Lost production due to the unmarked storm drain at station 2 + 50 for a lump sum amount of $1,570.09. See attachment L, DWR1302, for break down of all cost. TOTAL FOR ITEM L IS $1,570.09 M) Work performed on time and material not to exceed $2,144.41 for additional equipment and labor required to assist the District Crews in installing a 4-inch line stop at station 28 + 77. See attachment M, DWR 1304, for breakdown of all cost. TOTAL FOR ITEM M IS $2,144.41 N) Work performed on time and material not to exceed $59.16 to lower existing water meter box at station 24 + 90. See attachment N, DWR 1305, for breakdown of all cost. TOTAL FOR ITEM N IS $59.16 O) Work performed on time and material not to exceed $521.31 to repair the traffic control loops in Highway 50 and 3rd Street. See attachment O for a breakdown of all cost. TOTAL FOR ITEM O IS $521.31 P) Provide cost difference for the enlarging the water meter vault needed at firehouse not to exceed $6,774.36. See attachment P for breakdown of all cost. TOTAL FOR ITEM P IS $6,774.36 Q) Furnish and install 1,383 Square Feet of 2-inch thick asphalt sidewalk replacement at $6.22/SF for a lump sum amount of $8602.26. TOTAL FOR ITEM Q IS $8,602.26 R) Change Bid Quantity to Final increase of $40,455.10. TOTAL Quantity as shown on attachment R for a total FOR ITEM R IS $40,455.10 TOTAL FOR CHANGE ORDER NUMBER I IS A+B+C+D+E+F+G+H+I+J+K+L+M+N+O+P+Q+R= $88,187.96 Highway 50 Waterline Replacement Winnemucca to the Y 2029-8355 BUDGET REMAINING ANALYSIS: 2004/05 All Years Spent to date 1,137,925 1,443,067 Outstanding Purchase Orders- Nicholas Construction 11,189 11,189 R Supply 1,049 1,049 Jensen Pre-Cast 3,289 3,289 Total Encumbered 15,527 15,527 Total Spent & Encumbered 1,153,452 2,612,046 Budget 1,295,846 2,545,846 Under/(Over) Budget 142,394 -66,200 Note 1: The amount over budget reduces the Capital Outlay Reserve. South Tahoe Public Utility District General Manager Richard H. Solbrlg OiFecCor$ Tom Comt~ James R. Jones Mary Lou Mo~bacher Puane Wallace Eric Schaf~r 1275 Meadow Crest Drive · SoUth Lake Tahoe e 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: Paul A. Sciuto, Assistant General Manager MEETING DATE: July 21,2005 ITEM - PROJECT: B-Line: Phase 3 - Export Pipeline Replacement REQUESTED BOARD ACTION: Authorize entering into a three-party agreement with the TRPA and Entrix, in an amount not to exceed $45,000, to satisfy a TRPA permit requirement to hire an environmental inspection service to oversee the project's environmental management (subject to final approval by staff, provided the terms do not significantly change from the draft presented). DISCUSSION: Last year, the District entered into a three party agreement with TRPA and Entrix in order to meet a condition in the TRPA permit for this project to ensure all BMPs in the environmental document are installed and maintained properly. This contract would be to complete the B-Line project as there are no funds remaining in the existing task order. SCHEDULE: Commence August 1,2005 through October 15, 2005 COSTS: Estimated $45,000 ACCOUNT NO: 9098-8828/BLNIII - PRMT BUDGETED AMOUNT REMAINING: $393,126 (05-06) ATTACHMENTS: Existing three-party contract, Proposal from Entrix, Budget Analysis CONCURRENCE WITH REQUESTED ACTIO~ GENERAL MANAGER: YES.~J~/ NO CATEGORY: Sewer Tahoe Regional Planning Agency ENTRIX, Inc. STPUD B.Line Phase III Project (DRAFT) SCOPE OF SERVICES 2005 MITIGATION MONITORING STPUD B-Line Phase III Pipeline Replacement Project (B-Line Replacement Project) Tahoe Regional Planning Agency June 10, 2005 Background: The STPUD B-Line Phase III Export Pipeline Replacement Project Final Environmental Impact Report/Environmental Impact Statement/Environmental Impact Statement (EIPJEIS/EIS), completed on June 30, 2003, contained mitigation measures to ensure project compliance. Project construction initiated in May 2004, and pipeline replacement was completed in November 2004. Numerous tasks remain for construction season 2005, including grading and restoration along the pipeline alignment, paving on the Campground Road and bridge replacement at the Grass Lake Creek crossing on Campground Road. ENTRIX, Inc. (ENTRIX) performed mitigation monitoring activities during the 2004 construction season. This scope of work outlines tasks to be undertaken by ENTRIX to perform 2005 construction monitoring for the B-Line Replacement Project to ensure mitigation measures are implemented to the standards specified in the EIPJEIS/EIS. ENTRIX will report to and provide documentation on monitoring actions to the Tahoe Regional Planning Agency (TRPA), the South Tahoe Public Utility District (District), the U.S. Forest Service -- Lake Tahoe Basin Management Unit (Forest Service) and other responsible agencies. Task 1. Agency Coordination and Management Carol Schupbach, or other ENTRIX manager approved by STPUD and TRPA, will provide management, technical oversight, agency coordination and construction monitoring services when needed on all required mitigation measures. The ENTRIX manager will attend up to six construction or agency meetings during the 2005 construction season. These meetings will typically include presentations or discussions on mitigation monitoring topics. She will be supported by staff inspectors/scientists who will provide the daily construction and biological monitoring listed under Tasks 2 and 3. Fee for Task 1: Task 2. Construction Monitoring Construction monitoring shall be performed by a qualified ENTRIX person(s) approved by TRPA and STPUD. This individual(s) will be responsible for monitoring compliance with all mitigation aspects of the project including any potential environmental, air quality, water quality or biological impacts. The site will be inspected, as needed, to ensure compliance (up to four days a week) from August 1, 2005 to October 15, 2005 A monitoring checklist will be completed and installations will be checked with plans and specifications. Corrective or enforcement measures will be identified, as needed, with recommendations for those measures communicated to TRPA and the District immediately. Tahoe Regional Planning Agency 2 STPUD B-Line Phase III Project ENTRIX, Inc. The following tasks, taken from the Mitigation Monitoring Plan in Chapter 5 of the B-Line Replacement Project EIP,/EIS/EIS, will be completed by ENTRIX: · Monitor the construction site daily to ensure all erosion control and protection measures are implemented according to the plans, specifications and standards of the EIP,/EIS/EIS ( GEO-4). · Monitor all mitigated SEZ restoration and insure mitigation area is 1.5 times the area of SEZ disturbance ( GEO-3 and HYDRO-2B). · Monitor for proper revegetation and restoration of construction corridor (SR-1A). · If explosives are required during trenching and excavation, monitor for proper implementation of safety measures and identification of all existing gas lines (PS-4). Monitor soils excavation for adequate placement and compliance with TRPA's Handbook of BMPs. If contaminated soil is encountered, monitor for proper sampling, removal and disposal procedures (PS-5). · Verify proper signage is placed within the corridor of pipeline placement (PS-7). Monitor for minimum SEZ disturbance and proper BMP and restoration treatments (HYDRO - lA and BIO-5E). · Verify that the construction corridor width is maintained at 25 feet and that all measures described in the Restoration Design Report are implemented, including placement of boulders and logs (HYDRO - 2A and BIO-5G). · Monitor equipment washing and verify that all seed materials are certified weed-free in order to prevent the introduction of noxious weeds to the project site (BIO-IA). · Monitor for adequate resurfacing of all roadways damaged by construction (TRANS-3). · Monitor for proper BMPs relating to air quality including proper use and maintenance of construction equipment, minimization of vehicle idling and efficient management of haul routes and equipment (AIR-la). · Monitor for proper dust control during and following construction activities including; adequate enclosure and watering of exposed soils, avoidance of premature clearing, tarping of all hauled materials, adherence to reduced speed limits and proper revegetation and restabilization of exposed surfaces (AIR-lb) · Monitor for proper implementation of required noise control measures including; limited construction period, proper maintenance and presence of noise control devices on equipment and proper verification to sensitive receptors in the area during peak construction and any blasting activities (NOISE-3). · Monitor construction activities within FS 05-19-786 to ensure trenching and heavy machinery are restricted within the project alignment boundaries in order to maintain minimal disturbance to the historical area (CUL-1A). · Monitor all earth moving activities for any uncovering of buried resources or remains. If any resources are: uncovered, cease construction activity and immediately notify the Forest Service. If any remains are uncovered, cease construction activity and immediately notify the Forest Service and the State Native American Heritage Commission. Enforce Forest Service direction and protocol on the handling of resources or remains and commencement of construction (CUL-2). Submittal: Weekly Reports Fee for Task 2: Task 3. Biological Monitoring Tahoe Regional Planning Agency ENTRIX, Inc. STPUD B-Line Phase III Project All mitigation aspects focused on biological impacts will be monitored by a qualified ENTRIX biologist. When construction activities occur within sensitive habitat, affected sites will be monitored and inspected. When any construction activities occur within old growth forests, SEZ areas, potential nesting sites of raptors or migratory birds and/or potential sensitive plant communities, ENTRIX will be on site to monitor proper avoidance and protection of those areas. ENTRIX will inspect proper installation of restoration measures, including revegetation and placement of boulders and logs. Biological monitoring and inspection of the site will be undertaken up to 2 times a week during construction from August 1 to October 15' 2005. Upon approval from TRPA, the District, and the Forest Service, a qualified biologist will complete the following tasks: Monitor for impacts to raptors or migratory nests, enforce actions addressing nesting disturbance and if nesting sites are found within the specified setback zones enforce the limited construction operating period (BIO3A). · Verify circulation and adequate posting of education materials stating the detrimental effects of feeding wildlife, particularly in regards to the brown-headed cowbirds (BIO-3B). · Monitor for proper installation and maintenance of heavy-duty mesh fencing around sensitive plant communities and verify that no construction activities are occurring within the plant exclusion zones. Monitor construction corridor and areas that cannot be avoided for proper revegetation in accordance with the Restoration Design Report (BIO-5A and BIO-5D). Verify proper delineation, fencing and warning signage of SEZ boundaries and monitor construction to ensure areas are avoided. Verify all fencing and signage is properly removed following construction activities (BIO-8A). · Monitor all construction activities within old growth forest, SEZ, riparian areas, and at creek crossings to ensure minimal damage to wildlife habitat. The approved biological monitor will be given the authority to stop any activities that violate biological resource mitigation and will report such activities to the CDFG, TRPA and the Forest Service (BIO-5B). · Conduct a Worker Education Program before and during construction activities. The program will include presentations and materials provided to all contractor and subcontractor staff covering sensitive plant species and special-status species that occur in or adjacent to the project area. A pre-construction walk through of the project site will be conducted in order to familiarize the workers with sensitive resource locations and exclusion zones established to protect these resources. If special status species are observed onsite during construction, work in the vicinity of these species shall stop immediately and the biologist will consult with the Forest Service and TRPA staff to establish appropriate construction exclusion zones (BIO-5C). · Inspect all revegetation work in the project area, construction corridor and disturbed SEZ areas to ensure it meets the specifications and follows the Restoration Design Report (BIO-5D and BIO-5E). In the construction corridor monitor for proper placement of trees, shrubs, boulders and logs to prevent recreational use (BIO-SG and SR-1A). · Monitor all tree removal activities to ensure conditions of the Special Use Permit are followed (BI0-6). · Monitor for compliance with the agency approved Wetland/SEZ Delineation and Mitigation and Monitoring Plan (BIO-SB). Submittal: Weekly Reports Tahoe Regional Planning Agency ENTRIX, Inc. Fee for Task 3: 4 STPUD B-Line Phase III Project Task 4. Final Construction Monitoring Report ENTRIX will provide TRPA and the District with a draft and final 2005 Construction Monitoring Report summarizing monitoring and inspection tasks completed during the 2005 construction season. The report will also evaluate overall project compliance with all mitigation measures and summarize any additional changes or measures implemented during construction, Submittal: Draft for Review and Final Construction Monitoring Report Fee for Task 4: ~ Task 5. Annual Post Construction Monitoring (NIC) Annual monitoring will be conducted for five consecutive years following construction to ensure revegetation and restoration success. At a minimum a qualitative site evaluation on revegetation and restoration progress will be conducted. Results will be provided in the form of an annual report and photos. ENTRIX could easily modify the scope to provide a more comprehensive and quantitative monitoring program including vegetation sampling transects if recommended by TRPA. The construction and biologic monitors will visit and evaluate the project site and any additional mitigated restoration sites during late spring/early summer and fall of each year for five years following construction. Monitoring tasks to include: · Monitor revegetation success and any recreational or erosion disturbances within the project area, including the previous construction corridor and restored SEZ areas (BIO-5D and BIO-5E). · Monitor success of mitigation restoration and document any inadequacies according to criteria listed in the agency approved Wetland/SEZ Delineation and Mitigation and Monitoring Plan (BIO-8B). .Submittal: Annual Monitoring Report Fee for Task 8: $ (NIC) TOTAL: DRAFT Mitigation Monitoring 2005 - STPUD B -Line Phase III Export Pipeline Assumes Post Construction Monitoring Not Yet Included and Construction Start Date is August 1, 2005. ENTRIX LABOR Labor Hours by Classification ENTRIX Labor Task # Task 1 Task Description Agency Coordination /Project Management Project Manager Const. /Arch. Monitor Biological Project Monitor Coordinator ENTRIX Total Labor Cost Hours Notes 40 24 $7,320 64 Assumes attending two 4 -hour construction /agency meetings and up to 32 hours for agency coordination. Includes 2 hours a week for invoice preparation. Task 2 Construction Monitoring 132 Task 3 Biological Monitoring 176 $11,880 132 $15,840 176 Task 4 Final Construction Monitoring Report 8 24 24 $5,400 56 Assume Monitoring 3 days/week, up to 4 hours/day during 2005 Construction (Aug 1 - Oct15). Assume two 8 -hour days per week during construction season. Assume one draft report for review and a final report. POST CONSTRUCTION NOT YET INCLUDED -: Annual Post - Construction Monitoring - 5 Years Hourly Rate Total Hours $135 $90 $90 $80 48 156 200 24 Assume 2 annual site visits, a year for five years by both Biologic and Construction Monitors. Assume 16 hours a year to write and submit an annual monitoring report on site conditions and revegetation /restoration success. Subtotal Labor $6,480 $14,040 $18,000 $40,440 428 Expenses ENTRIX Direct Costs ENTRIX Direct Costs Totals Task # Task Description Travel /Equip' Com.2 Graphics production ENTRIX Total Direct Costs Task 1 Agency Coordination /Project Management $293 $293 $7,613 Task 2 Construction Monitoring $660 $475 $1,135 $13,015 Task 3 Biological Monitoring $1,540 $634 $2,174 $18,014 Task 4 Final Construction Monitoring Report $216 $300 $516 $5,916 Task 5 Annual Post- Construction Monitoring - 5 Years Subtotal Expenses $2,200 $1,618 $300 $4,118 $44,558 TOTAL: $44,558 ' Travel/Equipment assumes $70.00/Day for Biological Monitoring Travel and $20.00/Day for Construction Monitoring Travel 2 Assumes a 4% Communication Fee CONSULTANT SERVICES AGREEMENT ,,, TH!~ AGREEMENT (here, lnafter the "Agreement") is made this ,_::~_ ~ day of · x/-f'}O~' ~L ,2004, (the' Effective Date") by and between the Tahoe Regional Planning AgeC~cy, a bi-state regional planning agency created by Public Law.96-551 (1980) (hereinafter the "TRPA"), and South Tahoe Public Utility District (herinafter "STPUD" or the "Permittee"), and ENTRIX, Inc. (hereinafter the "Consultant"). TRPA, the Permittee and the Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. The Consultant desires to perform and assume responsibility and obligations for the services, as hereinafter described on the terms and conditions set forth herein. B. TRPA desires to contract for such services as hereinafter described on the terms and conditions set forth herein. C. The Permittee desires to contract for such services as hereinafter described on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, TRPA and the Consultant agree as follows: OPERATIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE CONSULTANT Engagement of Consultant. TRPA hereby engages the Consultant, subject to the terms and conditions set forth in this Agreement, to perform the services set forth in Exhibit 'A' (the "Services"). The Consultant agrees to perform the services in accordance with the terms and conditions of this Agreement. Performance of the Consultant. The Consultant accepts the relationship of trust and confidence established between TRPA and the Consultant by the terms of this Agreement. The Consultant covenants with TRPA to furnish its best skill, judgment and efforts, and to cooperate with TRPA and any other consultants or contractors engaged by TRPA in the performance of the services. The Consultant covenants to use its best efforts to perform its duties and obligations under this Agreement in an efficient, expeditious, and economical manner, consistent with the best interests of TRPA. The Consultant's Personnel. This agreement applies only to the Consultant. No other persons or agents, except those employed by the Consultant may perform the services described with the terms and conditions of this Agreement. S.T.P.U.D./ENTRIX/TRPA Inspection Contract Page 2 of 9 The Consultant's Responsibilities for Costs and Expenses. The Consultant shall be responsible for all costs and expenses inCurred relative to the Consultant, in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses. SECTION II RESPONSIBILITIES OF THE CONSULTANT Personnel. The Services shall be performed by Consultant and its employees only and not by persons under its supervision. The Consultant represents that it possesses the professional and technical ability required to perform the Services. TRPA retains Consultant on an independent contractor basis and Consultant is not an employee of TRPA. Consultant shall also be responsible for all reports and documentation required by this agreement. Cooperation/Project Administrator. Consultant shall work closely and cooperate fully with TRPA's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the Services. This Agreement will be .administered by the Project Administrator. The Project Administrator, or his/her designee, shall be the principal officer of the TRPA, for liaison with the Consultant, and shall review and give approval to the details of the Services as they are performed. The TRPA designates Brian Judge, Principal Planner as its Project Administrator, but reserves the right to appoint another person as Project Administrator upon written notice to the Consultant. Project Mana.qer. The Consultant is designated as project manager ("Project Manager"), and shall coordinate all phases of the Services. The Project Manager Shall be available to the TRPA at all reasonable times. Time of Performance. The Services to be performed by Consultant under and pursuant to this Agreement shall be conducted in accordance with the timetables contained in Exhibit Report Materials. At the corn pletion of the Services, the Consultant shall deliver to the TRPA all documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant, or prepared by others for the use and/or benefit of the Consultant, or otherwise provided to the Consultant by the TRPA or by others under this Agreement (the "Report Materials"). Any work product produced by Consultant pursuant to this Agreement and any Report Materials provided for the use/or benefit of Consultant shall be considered the property of the TRPA and shall be delivered to the TRPA upon the expiration or termination of this Agreement. All text work products shall be submitted to TRPA in a digital format that is compatible with Microsoft Word for Windows. S.T.P.U.D./ENTRIX/TRPA Inspection Contract Page 3 of 9 o TRPA Policy. The Consultant shall discuss and review all matters relating to the.Services with the Project Administrator in advance of all critical decision points in order to ensure that the Services proceed in a manner consistent with the goals and policieSof the TRPA. o Conformance to Applicable Requirements. All aspects of the provision of the Services by Consultant shall at all times conform to applicable city, county, state, and federal requirements and be subject to approval of the Project Administrator and TRPA. Indemnification. The Consultant shall indemnify, defend and hold harmless the TRPA, its officers, employees, and agents against, and will hold and save them and each of them, harmless from any and all actions, claims, penalties, obligations, liabilities, or damages that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the provision of the Services by the Consultant, or arising out of the operations or activities of the Consultant, its agents, employees; or subcontractors provided for herein in connection therewith, to the extent Consultant is responsible: The Consultant will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorney's fees, with an attorney of TRPA's own choosing, incurred in connection therewith. The Consultant will promptly pay any judgement rendered against the Consultant and/or the TRPA covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such Services, operations, or activities of the Consultant hereunder, and the Consultant agrees to save and hold the TRPA harmless therefrom. Co In the event the TRPA is made a party to any action or proceeding filed or persecuted against the Consultant for such damages or other claims arising out of or in connection with the work, operations, or activities of the Consultant hereunder, the Consultant agrees to pay to the TRPA any and all costs and expenses incurred by TRPA in such actions or proceedings, together with reasonable attorneys' fees for an attorney of TRPA's own .choosing. Standard of Care; Licenses. The Consultant represents and warrants that it is fully qualified, authorized or permitted under state and local law to perform such Services. The Consultant shall perform the Services in a skillful and competent manner. The Consultant shall be responsible to TRPA for any errors or omissions in the execution of its duties hereunder. The Consultant represents and warrants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. 10. Prohibition Aqainst Transfers. The Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law, without the prior written consent of the TRPA. Any attempt to do so without the prior written consent of the TRPA shall be null and void, and any assignee, sublesee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. S.T.P.U.D./ENTRIX/TRPA Inspection Contract Page 4 of 9 11. 12. 13. Pro.qress. The Consultant is responsible to keep the. Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired relative to the Services or relative to this Agreement. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the subject matter of. this Agreement or any phase of the Services shall be made without prior written consent of the TRPA. The information which results from the Services in this Agreement is to be kept confidential unless the release of information is authorized by TRPA. Schedulinq. The Consultant shall work in accordance with an approved schedule as described in the Scope of Work (Attachment 'A'). o SECTION III RESPONSIBILITIES OF TRPA CompenSation. In consideration of the performance by the Consultant of the Services, the TRPA shall pay to the consultant the fees set forth on Exhibit "A" (the "payment"). Extra Work. The Consultant shall not receive additional Compensation for any extra work unless such extra work has been authorized in writing by the TRPA prior to the commencement of the extra work. Payment of Compensation. The Consultant shall submit invoices to the TRPA on a monthly or on such other basis as set forth in Exhibit "A." Each invoice will be itemized. Each invoice shall show the number of hours worked per person/Consultant, and the nature of the work performed. TRPA shall make payments to the Consultant within thirty (30) days following the date of receipt of the invoice unless the TRPA disputes the amount of the Compensation the Consultant claims it is owed under this Agreement. Payments to TRPA. The Permittee agrees to a deposit of $15,000.00 which shall be submitted to TRPA prior to Consultant performing duties specified by this contract. Withholdinq. Ao Disputed Sums. The TRPA may withhold payment of any portion of the compensation if payment is disputed until resolution of the dispute with the Consultant. Such withholding by the TRPA shall not be deemed to constitute a failure to pay by the TRPA. The Consultant shall not discontinue the performance of the Services for a period of thirty (30) days from the date Compensation is withheld hereunder. The Consultant shall have an immediate right to appeal to the TRPA with respect to withheld amounts. The determination of the TRPA with respect to such matters shall be final. The Consultant shall be entitled to receive interest on any portions of the Compensation withheld which are thereafter deemed to be properly payable to the consultant at the rate of five percent (5%) per annum, simple interest. S.T.P.U.D./ENTRIX/TRPA Inspection Contract Page 5 of 9 RetentiOn. The TRPA shall have the right to retain an amount equal to ten percent (10%) of the Compensation ("Retention"). The Retention shall be released to the consultant upon final approval and acceptance of the Services by TRPA. The TRPA shall have the right, without further liability'to the ConsUltant, to utilize the Retention to satisfy obligations of the TRPA relative to the Services in the event the Consultant does not complete the Services satisfactory to the TRPA. /// SECTION IV TERMINATION Events of Default. Each of the following events shall constitute an "Event of Default": The Consultant shall fail to observe, perform, or comply with any material term, covenant, agreement, or condition of this Agreement which is to be observed, performed, Or complied with by the consultant, of such failure to continue uncured for three (3) calendar days after the TRPA gives the Consultant notice of any failure and specified the nature of such failure. The Consultant shall commit any fraud, misrepresentation, breach of fiduciary duty, willful, misconduct, or intentional or breach of any provision of this Agreement: Termination Upon Event of Default. Upon a termination of this Agreement, as provided in paragraph 2 of this Section, the TRPA shall pay to the consultant the part of the compensation which would otherwise be payable to the Consultant with respect to the Services which had been completed as of the date of termination, less the amount of all previous payments with respect to the compensation. Bud,qet Contin.qency Clause Ao Limitation of TRPA Liability. The maximum amount to be encumbered under this Agreement for the 2003/2004 and 2004/2005 fiscal years ending June 30, 2005 shall not exceed $0 (this is a "pass-through" contract). It is mutually agreed that if the TRPA Budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the TRPA shall have no liability to pay any funds whatsoever to Consultant or to furnish any other considerations under this Agreement and Consultant shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the TRPA Budget for purposes of this program, the TRPA shall have the option to either cancel this Agreement with no liability occurring to the TRPA, or offer an Agreement amendment to Consultant to reflect the reduced amount. /// S.T.P.U.D./ENTRIX/TRPA Inspection Contract Page 6 of 9 SECTION V GENERAL PROVISIONS Nondiscrimination by the Consultant. The Consultant represents and agrees that the Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or Permittee for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. TRPA's Riqhts to Employ Other Consultants. The TRPA reserves the right to employ other consultants. 3. Conflicts of Interest. Ao The Consultant may be subject to the provisions of Article III(a)(5) of the Tahoe Regional Planning Compact (P.L. 96-551,94 Stat. 3233, Cal. Gov't Code Section 66801, N.R.S. 277.200), which requires disclosure of any defined economic interest and prohibits such persons from attempting to influence Agency decisions affecting certain economic interests. Bo The Consultant may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), that (1) requires such persons to disclose financial interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests. If subject to the Compact or the Act, the Consultant shall conform .to all requirements of the Compact or the Act, as required. Failure to do so constitutes a material breach and is grounds for termination by this Agreement by the TRPA. o Assignments and Subcontractors. The Consultant shall not subcontract any portion of the Services except as expressly stated herein, without prior written consent of the TRPA. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Notices. All notices required hereunder shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice: To the TRPA: John Singlaub, Executive Director Tahoe Regional Planning Agency 128 Market Street Stateline, NV 89449 To the Consultant: ENTRIX, lNG Attn: Carol Schupbach, Project Engineer 1048 Ski Run Boulevard South Lake Tahoe, CA 96150 S.T.P.U.D./ENTRIX/'rRPA Inspection Contract Page 7 of 9 To the Permittee: James R. Jones, Board President South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 o o 10. 11. 12. Notice shall be deemed received as follows, depending upon the method of transmittal by facsimile, as of the date and time sent; by messenger, as of the date .delivered; and by U.S. Mail, certified, upon receipt requested, as of 72 hours after deposit in the U.S. Mail. Authority to Enter A.qreement. The Consultant warrants that it has all requisite power and authority to conduct its business and to execute and deliver, and to perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein. If Consultant is a corporation or partnership, Consultant also warrants that it is duly organized, validly existing in good standing under the laws of the States of Nevada and California, and will continue to be so during the term of this Agreement Severabilitv/llle~3alitv. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. The illegality of any provision of this Agreement shall not affect the remainder of this Agreement. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to execute all documents and to proceed with due diligence to complete all covenants and ce nditions set forth herein. Attorneys' Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. Governin.q Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Nevada. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate court in Nevada. Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any of the provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed a waiver and no waiver shall be binding unless executed in writing by the party making the waiver. No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other party any contractual right by custom, estoppel, or otherwise. Days. Any term in this Agreement referencing time, days, or period of performance shall be deemed to be calendar days and not work days. S.T.P.U.D./ENTRIX/TRPA Inspection Contract Page 8 of 9 13. Entire Agreement. This Agreement contains the entire agreement of the TRPA and the Consultant and supersedes any prior or written statements or agreements between the TRPA and the Consultant. No supplement,, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties. 14. Bindinq on Assi.qns. Each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the respective parties. 15. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 16. Captions. The captions of the various articles and paragraphs of this Agreement are for the convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement or of any part or parts of this Agreement. 17. Construction. In all cases, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party, it being agreed that the parties or their agents have all participated in the preparation of this Agreement. 18. Cooperation/Further Acts. The parties shall fully cooperate with one another in attaining the purposes of this Agreement and, in connection therewith, shall take any such additional further acts and steps and sign any such additional documents as may be necessary, appropriate, and convenient as related thereto. 19. Survival. The obligations of the Consultant under this Agreement including, without limitation, the obligations set forth in Section II, Paragraph 8 (Indemnification), and Section II, Paragraph 10 (Insurance), as they relate to the Services, shall survive the termination of expiration of this Agreement. 20. Incorporation of Recitals and Exhibits. Ao The "Recitals" constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth. The "Exhibit" constitutes a material part hereof, and are hereby incorporated by reference herein as though fully set forth. 21. No Funds to Unqualified Aliens. Under law, no funds received under this Agreement shall be paid to any alien who is "not a qualified alien" within the meaning of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Act"). The Consultant shall be responsible to ensure that no funds Consultant receives from TRPA are paid to any employee or subcontractor in violation of this Act. 22. References: All references to the Consultant shall include all personnel, employees, agents, and subcontractors of the Consultant. S.T.P.U.D./ENTRIX/TRPA Inspection Contract Page 9 of 9 23. Certification Re.qardin.q Debarment and Suspension. The Consultant certifies to the best of its knowledge and belief that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or Performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; Co Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any .of the offenses enumerated in paragraph (23)(b) of this Certification; and Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State or Local) terminated for cause of default. IN WITNESS WHEREOF, the parties hereto have accepted and made and executed this Agreement upon the terms, conditions, and provisions set forth above as of the Effective Date. TAHOE REGIONAL PLANNING AGENCY B Y: a~/~'/~'1.~ ~/ John Singl EXECUTIVE DIRECTOR DATE CONSULTANT BY: C~,,..', °-'~- r.b ..~', '" ~;""t c ,u,,',~, ENTRIX, Inc. ~, W · F,'r-/-/~, ..T¥. DATE PERMITI'.EE Attest: K~thy SharpwGt)~rk~-~ the aoar~ SOUTH TAHOE PUBLIC UTILITY DISTRICT DATE Tahoe Regional Planning Agency ENTRIX, Inc. Exhibit A STPUD B-Line Phase III Project SCOPE OF SERVICES MITIGATION MONITORING STPUD B-Line Phase III Pipeline Replacement Project (B-Line Replacement Project) Tahoe Regional Planning Agency April 22, 2004 The purpose of the following scope of work is to ensure project compliance with all mitigation measures identified in the June 30, 2003 STPUD B-Line Phase III Export Pipeline Replacement Project Final Environmental Impact Report/Environmental Impact StatementJEnvironmental Impact Statement (EIR/EIS/EIS). ENTRIX, Inc. will monitor pre-construction, construction and post-construction phases of the B-Line Replacement Project to ensu re each mitigation measure is implemented to the standards specified in the EIPJEIS/EIS and is completed in a timely manner. ENTRIX, Inc. will report to and provide documentation on monitoring actions to the Tahoe Regional Planning Agency (TRPA), the South Tahoe Public Utility District (District), the Lake Tahoe Basin Management Unit Forest Service (Forest Service) and other responsible agencies. The lead engineer/inspector, Carol $chupbach will provide management and technical oversight on all required mitigation measures. Upon TRPA approval she will be supported by staff scientists/inspectors Justin Campbell and Steve McNeely and senior staff archaeologist Brett Rushing. The biological monitoring will be conducted by project biologist Cathy Little. Itemized costs for the proposed tasks are provided as Appendix I and resumes for key staff are included as Appendix 2. Task 1. Project Review and Orientation In preparation for pre-construction and construction monitoring services the construction, cultural and biological monitors will review the following documents: 1. Final B-Line Replacement Project EIP-JEIS/EIS and related documents 2. B-Line Replacement Project Final Plans and Specifications 3. Construction and Special Use Permits To gather further information on project mitigation measures and order of work, the construction and biological monitors will participate in a site-walk prior to construction with TRPA, the District and the Forest Service. A qualified archaeologist will also participate in the site-walk in order to provide expertise on proper cultural protection measures and to help identify construction phases when on-call archaeological services may be needed. Immediately following orientation, ENTRIX, Inc. will provide a detailed work plan and schedule for monitoring activities. Submittal: Monitoring Work Plan and Schedule Fee for Task 1: $2,371.00 Tahoe Regional Planning Agency ENTRIX, Inc. STPUD B-Line'Phase III Project Task 2. Produce Monitoring Checklist and Verification Report Template To adequately document the provision and fulfillment of all required ~mitigation measures Entrix, Inc. will provide an inspection checklist that will be used during daily and routine inspections throughout construction. Draft checklists will be submitted to TRPA for review and final acceptance. Copies of all recorded checklists will be provided to TRPA as an appendix in the Final Construction Monitoring Report. Contractor will submit a monthly Verification Report to TRPA, the District and Forest Service during construction season 2004. Any non-adherence or violations to the mitigation measures will be recorded and reported .to TRPA immediately. Submittal: Draft and Final Checklist Fee for Task 2: $0 (Completed by TRPA) Task 3. Pre-Construction Monitoring Prior to the initiation of construction activities, the construction monitor will verify submission and review the following documents for fulfillment of all mitigation requirements as specified in the EIPJEIS/EIS: 1. Erosion Control Plan (GEO-4); 2. Traffic Management Plan (PS-3 and TRANS-1A); 3. Caltrans Special Use Encroachment Permit (LU-3) 4. Wetland/SEZ Delineation and Mitigation and Monitoring Plan (BIO-SB) Additionally the biological monitors will review and evaluate the following: 1. Wetland/SEZ Delineation and Mitigation and Monitoring Plan (BIO-SB) The construction monitor will inspect all best management practices (BMPs) and erosion control measures for proper installation according to the specifications and plans. The biologic monitors will verify that all required protective measures have been installed adequately prior to construction. Noxious/problematic weed surveys and surveys for Botrychium ascendens will be conducted prior to construction and potentially staggered in coordination with the snow melt and growth season (BIO-lB and BIO-lC). Fee for Task 3: $3,179 Task 4. Construction and Cultural Monitoring The construction monitor will be responsible for monitoring all mitigation aspects of the project including any potential environmental, traffic, air quality, water quality or biological impacts. The construction monitor will monitor and inspect the site four days a week during, construction activities from May 1, 2004 until October 15, 2004 (88 monitoring days). The construction monitor will complete a monitoring checklist, check installations with plans and specifications when related to TRP^ permit conditions, identify corrective or enforcement measures as needed and recommend those measures to TRPA and the District immediately. In addition, a qualified archaeologist will be available to provide on-call services for up to 8 days in order to provide more comprehensive cultural monitoring when disturbance occurs in critical areas. For example, it is anticipated that the qualified archaeologist will be on-site during culvert replacement operations. Tahoe Regional Planning Agency ENTRIX, Inc. STPUD B-Line Phase III Project Upon approval from TRPA, the District, the Forest Service and other responsible agencies, daily monitoring may be reduced to two to three days a week if proven adequate for monitoring compliance with all mitigation measures. Therefore the proposed budget which currently covers daily inspections during construction (88 days in total), could be significantly reduced if two to three inspections a week are determined to be sufficient. The Construction Monitor will be responsible for completing the following tasks taken from the Mitigation Monitoring Plan in Chapter 5 of the B-Line Replacement Project EIPJEIS/EIS. · Monitor the construction site daily to ensure all erosion control and protection measures are implemented according to the plans, specifications and standards of the EIR/EIS/EIS ( GEO-4). · Monitor all mitigated SEZ restoration and insure mitigation area is 1.5 times the area of SEZ disturbance (GEO-3 and HYDRO-2B). · Monitor for proper revegetation and restoration of construction corridor (SR-1A). · Monitor soils excavation for adequate placement and compliance with TRPA's Handbook of BMPs. If contaminated soil is encountered, monitor for proper sampling, removal and disposal procedures (PS-5). · Verify proper signage is placed within the corridor of pipeline placement (PS-7). Monitor for minimum SEZ disturbance and proper BMP and restoration treatments (HYDRO - lA and BIO-SE). · Verify that the construction corridor width is maintained as shown on the plans and that all measures described in the Restoration Design Report are implemented, including placement of boulders and logs (HYDRO - 2A and BIO-5G). · Monitor equipment washing and verify that all seed materials are certified weed-free in order to prevent the introduction of noxious weeds to the project site (BIO-IA). · Monitor for adequate resurfacing of all roadways damaged by construction (TRANS-3). · Monitor for proper BMPs relating to air quality including proper use and maintenance of construction equipment, minimization of vehicle idling and efficient management of haul routes and equipment (AIR-la). · Monitor for proper dust control during and following construction activities including; adequate enclosure and watering of exposed soils, avoidance of premature clearing, tarping of all hauled materials, adherence to reduced speed limits and proper revegetation and restabilization of exposed surfaces (AIR-lb) · Monitor for proper implementation of required noise control measures including; limited construction period, proper maintenance and presence of noise control devices on equipment and proper verification to sensitive receptors in the area during peak construction and any blasting activities (NOISE-3). · Monitor for adequate parking areas and signage for existing recreation activities as directed in the TMP and verify that any recreational use along the construction corridor is discouraged ( PSU-4). · Verify, with the District inspector, that emergency service agencies have been given appropriate contact information and during construction are updated daily on the roadway and construction status. (PSU-5). · Monitor construction activities within FS 05-19-786 to ensure trenching and heavy machinery are restricted within the project alignment boundaries in order to maintain minimal disturbance to the historical area (CUL-1A). · Monitor all earth moving activities for any uncovering of buried resources or remains. If any resources are uncovered, cease construction activity and immediately notify the Tahoe Regional Planning Agency ENTRIX, Inc. 4 STPUD B-Line Phase III Project Forest Service. If any remains are uncovered, cease construction activity and immediately notifY the Forest Service. and the State Native American Heritage Commission. Enforce Forest Service direction and protocol on the handling of resources or remains and commencement of construction (CUL-2). Submittal: Daily Checklists and Monthly Verification Reports Fee for Task 4: $45,725.00 Task 5. Biological Monitoring The biological monitor will be respOnsible for monitoring all mitigation aspects focused on biological impacts. The biological monitor will monitor and inspect the site when construction activities occur in sensitive habitats. Particularly when any construction activities occur in old growth forests, SEZ areas, potential nesting sites of raptors or migratory birds and/or potential sensitive plant communities the wildlife monitors will be onsite to monitor proper avoidance and protection of those areas. It is expected the biologic monitors will monitor and inspect the site for three days during project initiation/startup, up to fifteen days during on-call biological monitoring needed in sensitive areas, and two days to monitor for proper restoration and winterization. Upon approval from TRPA, the District, the Forest Service and the California Department of Fish and Game (CDFG) a qualified botanist and wildlife biologist will complete the following tasks: · Monitor the project area for noxious weeds and complete noxious weed surveys, proper mapping and eradication (BIO-lB). · Perform pre-construction surveys, mapping and notification of any Botrychiurn ascendens populations occurring in the SEZ crossings within the project area (BIO-lC). · Monitor for impacts to raptors or migratory nests, enforce actions addressing nesting disturbance and if nesting sites are found within the specified setback zones enforce the limited construction operating period (BIO3A). · VerifY circulation and adequate posting of education materials stating the detrimental effects of feeding wildlife, particularly in regards to the brown-headed cowbirds (BIO-3B). · Monitor for proper installation and maintenance of heavy-duty mesh fencing around sensitive plant communities and verify that no construction activities are occurring within the plant exclusion zones. · Monitor construction corridor and areas that cannot be avoided for proper revegetation in accordance with the Restoration Design Report (BIO-5A and BIO-5D). Verify proper delineation, fencing and warning signage of SEZ boundaries and monitor construction to ensure areas are avoided. Verify all fencing and signage is properly removed following construction activities (BIO-8A). · Monitor all construction activities within old growth forest, SEZ, riparian areas, and at creek crossings to ensure minimal damage to wildlife habitat. The approved biological monitor will be given the authority to stop any activities that violate biological resource mitigation and will report such activitieS to the CDFG, TRPA and the Forest Service (BIO-5B). · Verify that STPUD is conducting a Worker Education Program before and during construction activities. The program will include presentations and materials provided to all contractor and subcontractor staff covering sensitive plant species and special-status Tahoe Regional Planning Agency ENTRIX, Inc. 5 STPUD B-Line Phase III Project species that occur in or adjacent to the project aroa. A pro-construction walk through of the project site will be conducted in order to familiarize the workers with sensitive resource locations and exclusion zones established to protect these resources. If special status species are observed onsite during construction, work in the vicinity of these species shall stop immediately and the biologist will consult with the Forest Service and TRPA staff to establish appropriate construction exclusion zones (BIO-5C). Inspect all revegetation work in the project aroa, conStruction corridor and disturbed SEZ areas to ensure it meets the specifications and follows the Restoration Design Report (BIO-5D and BIO-5E). In the construction corridor monitor for proper placement of trees, shrubs, boulders and logs to prevent recreational use (BIO-5G and SR-1A). Monitor all tree removal activities to ensure conditions of the Special Use Permit aro followed (BIO-6). Monitor for compliance with the agency approved Wetland/SEZ Delineation and Mitigation and Monitoring Plan (BIO-8B). Submittal: Daily Checklists and Monthly Reports during construction in sensitive areas Fee for Task 5: $17,789.00 Task 6. Final Construction Monitoring Report Entrix, Inc. will provide TRPA and the District with a draft and final Construction Monitoring Report summarizing cultural, construction and biological monitoring and inspection tasks completed during construction season 2003. The report will also evaluate overall project compliance with all mitigation measures and summarize any additional changes or measures implemented during construction. Submittal: Draft for Review and Final Construction Monitoring Report Fee for Task 6: $3,731.00 Task 7: Client and Agency Coordination To ensure full compliance with all mitigation measures, particularly during changing field conditions, Entrix, Inc. will report to TRPA any and all proposed changes to plans and specifications. When any major changes to the contract documents are proposed, including any changes to the erosion control plan, the traffic management plan, etc. Entrix, Inc. will immediately provide the District, TRPA, the Forest Service and any other responsible agencies a description of the proposed changes and recommendations for continued adherence to the mitigation measures. Entrix, Inc. will only approve a change if so directed by TRPA and other responsible parties. Additionally, Entrix, Inc. will attend any construction or agency meetings during project construction if mitigation monitoring needs to be presented or discussed. Submittal: Text and figure descriptions of proposed changes and recommendations for responsible agency approval Tahoe Regional Planning Agency ENTRIX, Inc. STPUD B-Line Phase III Project Fee for Task 7: $1,997.00 Task 8. Annual Post Construction Monitoring (NIC) Annual monitoring will be conducted for five consecutive years following construction to ensure revegetation and restoration success. At a minimum a qualitative site evaluation on revegetation and restoration progress will be conducted. Results will be provided in the form of an annual report and photos. ENTRIX, Inc. could easily modify the scope to provide a more comprehensive and quantitative monitoring program including vegetation sampling transects if: recommended by TRPA. The construction and biologic monitors will visit and evaluate the project site and any additional mitigated restoration sites during late spring/early summer and fall of each year for five years following construction. Monitoring tasks to include: · Monitor revegetation success and any recreational or erosion disturbances within the project area, including the previous construction corridor and restored SEZ areas (BIO-5D and BIO-5E). · Monitor success of mitigation restoration and document any inadequacies according to criteria listed in the agency approved Wetland/SEZ Delineation and Mitigation and Monitoring Plan (BIO-8B). Submittal: Annual Monitoring Report Fee for Task 8: $ (NIC) TOTAL: $74,791.00 Mitigation Monitoring - STPUD B -Line Phase III Export Pipeline Revised 04/12/04 Assumes Post Construction Monitoring Not Yet Included. Construction and biological monitoring efforts reduced to four -hour days, four -days a week during Construction and monitoring start date is April (not February). ENTRIX LABOR Task # Task 1 Labor Hours by Classification; ENTRIX Labor Task Description Project Orientation Project Manager Const. /Arch. Monitor Biological Monitor ENTRIX Total Labor Cost Hours Notes 16 $2,280 Review EIR/EIS, Plans, Specifications, - Permits. 1 -Day site visit attended by 28 construction, bioloeical and cultural monitors Task 3 Pre - Construction Monitoring Task 4 Construction/Cultural Monitoring Task 6 Final Construction Monitoring Report Task 7 Agency Coordination /Project Management Evaluate TMP, Erosion Control Plan, Mitigation and Monitoring Plan /Site. Visit site to verify protection measures and BMPs are 32 properly installed. Assume Monitoring 4 days/week, up to 5 hours/day (440 hours) during 2004 Construction May 1 -Oct 15. Includes Qualified Archaeologist providing up to8 Days of On- 540 Call Services. Assume up to four 8-hour days for veg surveys, three 8 -hour days for project initiation/startup, fifteen 8 -hour days for oncall biological monitoring, and two 8 -hour days for 186 winterization. Assume one draft report for review and a final 40 report. Attend up to four construction/agency meetings and report on any proposed 16 cha •es to construction documents. Hourly Rate Total Hours Subtotal Labor Expenses; Task Task Description $120 78 $9,360 $75 $75 544 196 $40,800 $14,700 ENTRIX Direct Costs Travel/Equip2 Com. Task 1 Pro ect Orientation $9.1 $66,972 842 ENTRIX Direct Costs Graphics production ENTRIX Total Direct Costs $91 Totals $2,371 Task 3 Pre - Construction Monitorinc $200 $115 Task 4 Construction/Archaeological Monitorinc Task 5 Biological Monitoring Task 6 Final Construction Monitoring Repor Task 7 A.enc Coordination/Proect Mana•ement $1,920 $1,685 $3,000 $569 $143 $20 $315 $3,605 $3,569 $163 $77 Subtotal Expenses !. $5,120 $77 $2,679 $20 $7,819 $3,179 $45,725 $17,789 $3,731 $1,997 $74,791" TOTAL TRPA Already Completed Travel /Equipment assumes $50.00 /Day for Biological Monitoring Travel and Misc Expenses and $20.00/Day for Construction Monitoring Tray. EXPORT PIPELINE - SEC B - PHASE III Account: 9098-8828 BUDGET REMAINING ANALYSIS: Spent to date 2005/06 All Years 267 9,165,569 Outstanding Purchase Orders- Amec Earth & Environmental 3,528 3,528 Carollo Engineers 43,676 43,676 Corley, Jon 4,202 4,202 Garcia 1,357,141 1,357,141 Entrix 16,266 16,266 Hoes Engineering 3,581 3,581 Johnson Perkins & Assoc 524 524 Kelley Erosion 445 445 Parsons 1,255 1,255 R Supply 163 163 Stantec Consulting Inc. 0 0 Swanson Hydrology 2,440 2,440 TRPA 66 66 Total Encumbered 1,433,287 1,433,287 Total Spent & Encumbered 1,433,554 10,598,855 Retainage Reimbursement 326,680 326,680 Budget 1,500,000 9,987,236 Under (Over) 393,126 (284,939) Note 1: The amount over budget reduces the Capital Outlay Reserve. SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Solbri~, General Mana~ler Eric W. Schafer, President BOARD MEMBERS Paul Sciuto, Assistant Manager Duane Wallace, Vice President James R. Jones, Director Mary Lou Mosbacher, Director Tom Comte, Director I I I I II I I II I I II IIIli II III IIII I I III I REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 16, 2005 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, June 16, 2005, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, CA. BOARD OF DIRECTORS: President Schafer; Directors Jones, Comte, Mosbacher. Director Wallace was absent. ROLL CALL STAFF: Solbrig, Sharp, McFarlane, Sciuto, Cocking, Coyner, Brown, Kosciolek, Hussmann, Hoggatt, Thiel, Bird, Attorney Kvistad. GUESTS: Fred Millar Moved Mosbacher / Second Comte / Wallace Absent / Passed to approve the Consent Calendar as submitted: CONSENT CALENDAR ao Sludge Handling and Odor Control Facilities - (1) Approved Project Closeout Agreement and Release of Claims; and (2) Authorized staff to file a Notice of Completion with El Dorado County Clerk; bo Temporary Help for Engineering Department - Approved Purchase Order No. P13436 to Substitute Personnel & Business Services to pay for one part- time employee in an amount not to exceed $18,200; REGULAR BOARD MEETING MINUTES - JUNE 16, 2005 ' ' PAGE - 2 Uniform and Linen Services Contract- Authorized renewal of contract with Aramark Uniform Services for a two-year period ending June 7, 2007, in the estimated amount of $28,000 per year; CONSENT CALENDAR (continued) 2005-2006 Sodium Hypochlorite Supplies- Awarded bid to the lowest responsive, responsible bidder, Pioneer Americas, LLC, in the estimated amount of $24,000; e. Approved Regular Board Meeting Minutes: June 2, 2005. ITEMS FOR BOARD ACTION Fred Millar came before the Board seeking relief from quarterly fees for a second home he is constructing because the house is not yet complete and even though the water and sewer are connected, he is not fully utilizing them. Millar objected to being billed while the house is under construction, and thought billing should begin only when the house is occupied. REQUEST TO APPEAR BEFORE THE BOARD RECEIVED FROM FRED MILl_AR SEEKING RELIEF FROM QUARTERLY FEES ON NEW CONSTRUCTION, APN 35-241-08 Lisa Coyner relayed that once an inspection has been. completed verifying connection to the District's water and sewer system, the customer is placed in the billing cycle. The District has no control over how quickly the house is built, nor is the customer's meter read to verify usage. Mr. Millar stated that based on information he received from El Dorado County when he obtained a building permit, he was under the impression that he had to connect to the system immediately. Coyner clarified that connection fees must be paid as a permit condition, but the inspection that triggers quarterly fees can take place after construction is complete, or whenever the home- owner wants the services to be available. The Operations Committee reviewed this item and recommended the request for relief be denied. Moved Mosbacher I Second Comte / Wallace, Absent / Passed to deny request for relief of fees, and directed staff to review the information relayed by El Dorado County to be sure it is clearly worded. The Executive Committee met several times to evaluate the performance of the General Manager and recommended approval of the agreement. GENERAL MANAGER AGREEMENT AND ANNUAL PERFORMANCE EVALUATION REGULAR BOARD MEETING MINUTES -JUNE '16, 2005 Moved Comte / Second Mosbacher / Wallace Absent / Passed to: (1) Approve incentive pay of 10% ($14,500) for achievement of 2004/2005 goals; (2) Approve Agreement for Professional Services for General Manager for a three-year term; and (3) Enact Ordinance No. 492-05 providing compensation. Moved Jones / Second Comte / Wallace Absent / Passed to approve payment in the amount of $1,128,130.93. Water and Wastewater Operations Committee: The committee met June 13, with Director Mosbacher attending in place of Director Comte. Minutes of the meeting are available upon request. Lukins Water System Ad Hoc Committee: Lukins Board of Directors will determine at an upcoming meeting if they plan to release the evaluation that was prepared on their water company. District staff and Board members reiterated that the District was approached concerning its sale and is not actively trying to acquire this pdvate water company. The District conveyed to Lukins that staff and the Board's ad hoc committee are willing review the pros and cons in the interest of our community. Director Mosbacher reported she had the opportunity to discuss TMDL (Total Maximum Daily Load) issues with Senator Ed Cox. He is interested in learning more. Director Comte thanked staff for the flowers he received during his recent hospital stay. Director Jones reported the Sacramento Bee editorial column referenced the California Blueprint Water Plan that he helped to develop. President Schafer reported Senate Bill 393 (Ortiz) was put to rest, although it might be reintroduced next year with audit provisions only. Assembly Bill 1234 (the Salinas bill re: local government reform) was sent to appropriations for consideration. General Manager: Richard Solbrig reported on four items: 1) At a meeting of the El Dorado County Water Purveyors group, discussions were held about giving ElD (El Dorado Irrigation District) a permanent seat on the El Dorado County Water Agency's Board of Directors. Options were PAGE- 3 GENERAL MANAGER AGREEMENT AND ANNUAL PERFORMANCE EVALUATION (continued) PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS GENERAL MANAGER REPORTS REGULAR BOARD MEETING MINUTES - JUNE 16, 2005 PAGE - 4 presented, and one idea, unbeknownst to District staff, was to give the District's seat, that is also shared with Tahoe City PUD to ElD. A meeting will be held to discuss this issue with representatives from El Dorado County Water Agency, Tahoe City PUD, and the District. 2) He attended Lahontan's board meeting to view the ACL process. 3) Staff is preparing a general policy for use of District land and property for the Board's future consideration. 4) He reported on several staffing changes. GENERAL MANAGER REPORTS (continued) District Information Officer: Dennis Cocking reported Congressman Lungren will write to U.S. EPA to inquire about the TMDL declassiflcation procedure. STAFF REPORT Director Mosbacher added that Alpine County residents oppose adding oxygenates to Indian Creek Reservoir in order to comply with TMDLs. They are very happy with everything the way they are now; the fishing has never been better. 3:30 - 3:40 P.M. MEETING BREAK 3:40 P.M. ADJOURNED TO CLOSED SESSION 5:00 P.M. RECONVENED TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel- Anticipated Litigation (Two Cases) No reportable Board action. 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. CIV S-02-0238 MCE JFM No reportable Board action. Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel - Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant REGULAR BOARD MEETING MINUTES - JUNE t6, 2005 No reportable Board action. No reportable Board action. 5:00 P.M. PAGE- 5 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. Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators: Unrepresented Employee Position- General Manager Agency Negotiators: Executive Committee, Board of Directors ADJOURNMENT Eric W. Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District South Tahoe Public Utility District General Manager I~chard H. ~olbrio DiFec~ors Tom Comte Jame~ I~ Jonee Ma~ Lou Moebacher Duane Wallac~ 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.a TO: FROM: Board of Directors Rick Hydrick, Manager of Field Operations Linda Brown, Purchasing Agent MEETING DATE: July 21,2005 ITEM - PROJECT NAME: Land and Real Property Management Policy REQUESTED BOARD ACTION: Approve Land and Real Property Management Policy DISCUSSION: Staff has reviewed the issues that concern the use of District property for non-District uses and has written a policy for Board approval that will protect District interests and provide guidance to staff when such requests are made. SCHEDULE: Immediate COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: Draft Policy CO.CURRE.CE W,~. REOUES~ED AC~,O~/ GENERAL MANAGER: YES_ ~/~.~'~-~ C.,EF ..^.C,AL OmCER: VES"~ ~r~l NO NO CATEGORY: General South Tahoe Public Utility District LAND & REAL PROPERTY MANAGEMENT POLICY It is the intention of the Distdct to hold title to property that only furthers its interest in providing, maintaining and protecting the water and wastewater services it provides. Land that does not meet and is not expected to meet the District's mission, or which does not provide needed "coverage" for other essential land, will be considered surplus. Surplus land may be sold at public auction (after meeting the requirements of Government Codes beginning with section 54222) or it may be traded for property that will further the District mission and objectives. Property will only be disposed of after a majority vote of the Board of Directors and after thorough consideration of current and future needs of the District. District property will not be rented out, leased out or encumbered in any way unless the income generated from the property substantially exceeds the administrative burden of the transaction; or unless having the property sit idle will substantially diminish the property or create an unacceptable liability. The District may also allow governmental agencies or other non-profit organizations use of District property, when the Board determines that it is in the public interest to do so and it will not interfere with District operations or needs. When use of District property is granted, precautions will be taken: · to explicitly document conditions of the agreement in writing (the agreement will generally be on District form) · to eliminate or minimize any District liability the agreement creates · to minimize District administrative and operational requirements of the agreement · to ensure that any District costs are reimbursed or equitably compensated · to ensure that all legal expenses associated with granting of the agreement are paid for by the grantee (the minimum legal & administration fee for a new agreement shall be $1500) · to ensure that any increase in land "coverage" of the property is paid for by the grantee · to verify that the grantee obtains appropriate operational permits · to require grantee to provide a detailed description of their intended use of the property including diagrams if applicable · to verify that the grantee uses are consistent with zoning regulations · to ensure that those uses do not create environmental or neighborhood nuisances · to ensure that the District has the ability to quit the agreement (with reasonable short-term notice) whenever conditions or needs of the District change · to maintain District rights of access and operations · to ensure that grantee returns the property to its former condition unless the District believes improvements made to the land are of value to the District and agrees to take ownership of them Purchasing/:Property, Real mgmt policy.doc Board authorization July 21, 2005 South Tahoe Public Utility District General Manager P. ichard H. 9olDrlg Direc~oFs ' Tom ~omt~ Jame~ I~ Jone~ Ma~ Lou Mo~Dacher Puane Walla~ Eric 5chafer 1275 Meadow Crest Drive · South Lake Tahoe · CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDAITEM6.b TO: Board of Directors FROM: Accounts Payable MEETING DATE: July 21,2005 ITEM - PROJECT: Payment of Claims REQUESTED BOARD ACTION: Approve payment. DISCUSSION: The Payment of Claims was not available when this agenda was published due to the extended fiscal year invoice processing.. It will be distributed prior to, and at the Board meeting. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: To be distributed prior to, and at the Board meeting CONCURRENCE WITH REQUESTED ACTioN: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES~ ~~ NO NO CATEGORY: General PAYMENT OF CLAIMS FOR APPROVAL July 21, 2005 Payroll 7-6-05 Payroll 7-20-05 Total Payroll Cost Containment - health care payments Hatch & Parent -legal services Total Vendor EFT Action Item 6.b 308,926.91 306,327.08 615,253.99 81,336.79 150,031.52 231,368.31 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 711,323.62 368,386.74 403.00 2,561.20 1,082,674.56 1,92~296.86 Payroll EFTs & Checks 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 7-6-05 7-20-05 188.08 13,561.37 75,275.99 19,134.24 4,838.24 23,132.57 1,856.99 105.00 153,151.41 17,683.02 595.11 14,042.64 74,993.59 19,292.04 4,696.22 12,982.57 1,881.24 105.00 158,000.04 19,738.63 To~l 308,926.91 306,327.08 0 0 South Tahce P.U.D. 07/19/05 PAYMENT OF CLAIMS REPORT 07/08/2005-07421/2005 TLE, JUL 19, 2005, 3:47 HMI - -re3: THERESA---leg: GL JL - -loc: CNS1'1l-- - -jcb: 342191 #J064--- -prop: 09 <1.07 > - -sort i Default Selection: Check Stock ID: AP ; Check Types: Mv', HW, RV, VH vender Nacre Aooait # Irtaent 2ND NATURE 20 -29 -8401 EnGINEERIlVG A C W A SERVICES CORP P (ASC) 10 -00 -2530 GENERAL & ALMINIS-IRAT'ICN AFLAC AWWA ALPEN SIERRA COFFEE COMPANY ALPINE METALS ALPINE REERIC ERATTCN SERVICE ALSEUY, MARY APOLLO PLINEIlVG & HIN, TERRY 'S APR= PROCESS TECHNOLOGY INC 10 -00 -2532 GENERAL & AENIINISTRATTCN 10 -29 -6250 EIZINEERINB 20 -29 -6250 FI3INEERII3 10 -00 -6520 GENERAL & ADMINISTRATION 20 -00 -6520 GENERAL & AEND ISIRATICN 10 -04 -6022 HEAVY NAINIENANCE 10 -07 -6025 LABORATCRY 20 -07 -6025 LAECRATCRY 10 -37 -6200 I1`R -TICN SYSTEMS 20 -37 -6200 I1TCN SYSTEMS 10 -05 -6013 EQUIPMENT NT REPAIR 20 -02 -6050 PUMPS Descripticn LEICN R SERVICE CENTER Check Total: EMPLOYEE VISION INS Check Tbt-a1 INSURANCE Check T Total: CUES Is D• 1 1 PS /C MTFTCATI tLE5 !m .2 -"1 1 PS /CR'IFICATI Cock Tbta1 : SUPPLIES SUPPLIES Cock Total : RY EQUIPMENT Check Total: LAB:PAT-CRY EQUIRMENT LAIKIRATCRY EQUIPMENT Check Total: TRA TRA /� CN Check 'Ibt-a1 : CTCS WELLS Check Tbtal: Check Total: •i 1. •_ Antunt Check # Type 80.44 80.44 2,436.45 2,436.45 842.30 842.30 31.00 31.00 62.00 63.00 63.00 126.00 70.43 70.43 94.49 94.48 188.97 12.15 12.15 24.30 641.03 641.03 1,521.50 1,521.50 00060461 NW 00060462 MAI 00060463 NW 00060464 MA7 00060465 M1 00060466 Ma 00060467 Ma 00060468 WI 00060469 Ma 00060470 MW S e t h 'Tahoe P.U.D. 07/19/05 PAYMENT O F C L A I M S REPORT 07/08 2005 - 07/21/2005 p�c�e 4 --re q: JUL 19, 2005, 3:47 FM - -r: If A--- -leg: GL JL - -loc: CI�51'1E - -- -fob: 342191 #J064--- -prop: 09 <1.07>--report id: CKREEPC Default Selection: Check Stock ID: AP ; Check Types: MN, BW, RV, VH Vendor Narre Account # Eepartffent CSRMA CSRMA CWEA CALIF BARD OF EURLIZATICN 10 -00 -0301 ORAL & POIV NISIRATICN 20 -00 -0301 GENERAL & ALIYUNIS RATICI'T 10 -00 -4510 COAL &ADOENISTRNTIONT 20 -00 -4510 COAL & A1INISIRATICN 10 -00 -0305 COAL & AtIv1 NISIRATICN 10 -00 -2516 GENERAL & AIIMITTISIRATICN 10 -06 -6250 OPERATIONS 20 -27 -6660 10 -07 -4760 20 -07 -4760 10 -03 -6071 10 -02 -7492 20 -05 -8520 10 -39 -4820 20 -39 -4820 20 -01 -6052 10 -28 -6042 10 -04 -6021 10 -27 -6620 10 -00 -0421 10 -39 -6077 10 -04 -6071 10 -39 -4470 10 -03 -6041 DISIRICT II'ICN LABORATORY LABORATORY ELECTRICAL SHOP PUMPS EQUIPMEE NT REPAIR FINANC tip ND REPAIR ALPINE COUNTY HIHAVYMINDENANCE DISTRICT TNIFORAPITIONT GENERAL & ALMIIVISIRATICN FINANCE HEAVY FINANCE ELECTRICAL AL SHOP Descxipticn Check Total: INSURANCE PREPAID INSURANCE PREPAID INSURANCE EXPENSE INSURANCE EXPE1\EE Check Tbtal: VEER' S CCMPENSATICN FREPAI KERN ER' S C CMP INNS PA FI E Check Total : Verrbr Tbtat : DUES/N PS /CERTIFICATI Check Meta': WATER CENSERVATICN EXPENSE LABORATORY SUPPLIES LABORATORY SUPPLIES SHOP SUPPLIES GENERATOR VENICE PUN/1P SIN REPL F_LI R PLANT GEN SET OFr10E SUPPLIES OFFICE SUPPLIES PIPE, CAS & MANHOLES GROUNDS & WitNIENAKE PRINRRY RELIC RELATIONS EXPENEE SFIDP SUPPLY INVE IlVVIIVICI2Y FRIIEWSCUNLS S[-JP SUPPLIES AUDTI EUIIDINGS A cunt Check # Type 355.57 00060489 r 10,881.06 10,881.05 3,937.41 3,937.40 29,636.92 00060490 Mil 396,614.00 41,615.00 438,229.00 00060491 M1 467,865.92 97.00 97.00 00060492 M' 202.20 108.40 108.35 136.36 758.90 1,647.65 10.11 10.09 -3.98 1.12 19.72 16.28 28.41 -0.10 -4.41 0.00 30.63 South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08 2005 - 07/21/2005 TUE, JUL, 19, 2005, 3:47 FM - -rte: - -leg: Q, JL- -loo: CNSi'IE - -- -dab: 342191 #J064-- - -prog: 09 <1.07 >-- report id: tkfault Selection: Check Stock ID: AP ; Check Types: M1,N ,RV,VH Vendor Narre Pmt # Iartr ent 10 -03 -6051 10 -07 -6025 20 -07 -6025 10 -00 -0422 20 -01 -6073 20 -02 -6050 10 -02 -6071 10 -06 -4790 20 -37 -8594 10 -02 -6075 20 -05 -6075 20 -01 -6075 10 -05 -6075 10 -01 -6075 20 -02 -6075 10 -03 -6073 20 -03 -6073 10 -00 -0428 10 -21 -4820 20 -21 -4820 10 -00 -6520 20 -00 -6520 10 -39 -6081 10 -38 -4820 20 -38 -4820 20 -02 -4820 10 -02 -4820 10 -04 -6023 20 -37 -8569 20 -27 -4920 10 -27 -4920 10 -06 -4755 10 -02 -6073 10 -07 -8523 Er M RICAL SEEP LABC 2A'Ia Y GENERAL & ATMINISIRATICN REPAIR PIMPS PIMPS OPFRATICNS INEIMMATICN SYSTEMS RMPS WREPAIR _ REPAIR _ REPAIR 1~'r. FD RICAL SHOP Ef EIPI( L SHOP GENERAL & ATMtNISIRPTICN ALMINISIRATICN AIIMINIST?ATICN GENERAL & ALMI NISIRATICN CORAL & AllvIINISTRATICN FINANCE CUSTICN R SERVICE =MR SERVICE RMPS RMPS HEAVY MUNIENANCE I1 TICN SYSIFLVE DISIRICT INECRMATTCN DOICTT I TICK RMPS Description PIMP SI'ATICNS LABORATORY LAtATORY JANTICRIAL 3YLL TaQLS WELLS SHDP SUPPLIES OIHER SUPPLIES VARI SFILR UPGRADES SAFEIY II)JIRM ENT/ PHYSICALS SAFELY II PHYSICALS SAFETY BOU PHYSICALS SAFETY BICUII __/PHYSICALS SAFEIY SAFETY IIOUTAv1ENI_ _/PHYSIO LS SMALL TOOLS OFFICE SUPPLIES INVENTORY OFFICE SUPPLIES OFFICE SUPPLIES SUPPLIES SUPPLIES OFKLi CE SUPPLY ISSUES OrreLC E SUPPLIES OFI'ICE SUPPLIES OFFICE SUPPLIES CFFTCE _ FILTER FIBER MN P FRINTINB PRINTING HYPOCHUDRTTE SMALL TOOLS AUID KOK FROF i ria R. M• M• N . • K. Amxmt Check # Type 25.12 178.79 88.51 -1.60 - 1.73 180.97 -0.05 2.02 284.37 117.18 36.62 219.71 29.30 203.98 124.51 34.87 34.87 -6.34 - 0.29 -0.28 - 0.03 - 0.04 - 1.24 - 0.62 - 0.62 -1.25 -1.25 42.02 348.13 - 2.81 - 2.82 -19.03 - 0.71 487.63 South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08/2005-07/21/2005 TUE, JUL 19, 2005, 3:47 IN --rag: THERESA---leg: GL JL - -loc: C Ei'1E - -- -fob: 342191 #J064--- -prng: CK509 <1.07 >-- report id: Default Selection: Check Stock ID: AP ; Check Types: Ma, HW, RV, VH Vendor Narre Account # Department CALIF EIZARD OF KUALIZATTCN 20 -02 -6200 10 -37 -6030 20 -37 -6030 10 -29 -8352 20 -02 -7050 10 -06 -4760 10 -06 -6075 10 -06 -6042 10 -06 -6073 10 -01 -6073 20 -38 -6073 10 -38 -6073 10 -37 -7051 20 -37 -4820 10 -37 -4820 PUMPS Il'ICN SYSIIIMS INFORMATION SYSTEMS ENGINEERING RYES OPFRATICNS OPERATTCNE CPERATICNS CEERATIO E _ UNDERGROUND CUSTOMER SERtVIERVIICCE CUSTTIER SERVICE I1TICN SYSIIIvF 1NPOWATICNSYSTEMS INFOWATICNSYSTEVE 10 -39 -6520 FINANCE 20 -39 -6520 FINANCE CALIF WATER RESOURCES CTRL BD 10 -06 -6250 OPERATIONS CANYON CUMM319OR CALIFOR\IIA 10 -02 -6051 REPS CRRICN, PAUL Q NVIITOFF, SARI 10 -05 -6200 EQUIPMENT REPAIR 20 -05 -6200 EQUIPMENT REPAIR 20 -02 -4520 RNPS Description I /NEECUCP,TTCN SERVICE CC IIRACTS P ••l SEWAGE E INTERCEPIcR PUP • •;- , VP LLA WELL A :Er A •:a SAFETY EQUIPMENT PHYSICALS GRCUNDS 6c SMALL TOOLS SMALL TOOLS SMALL TOOLS SMALL TOOLS TELEPHONE SYSTEM 0±I� SUPPLIES OFFICE SUPPLIES Check Total: r. I 0 I• "a SUPPLIES SIPPLD Check Total: Vencbr Total: LUES/N IMPS /CERTIFICATT Check Total: PLMP STATTCNS TRAVEL TRA C1cck Total : ini.WMTCN Check Total: MISC LIABILITY CLAIMS Arrc nt Check # Type 3.10 - 2.96 - 2.95 351.54 2,371.01 39.65 41.51 43.07 16.75 10.42 16.04 16.04 -22.95 - 0.28 -0.27 8,347.34 00060500 MW 16.25 16.25 32.50 00060501 NW 8,379.84 195.00 195.00 00060502 MW 690.28 690.28 00060473 Ma 27.00 27.00 54.00 00060503 Ma 477.83 S o u t h T a h o e P.U.D. 07/19/05 PAYMENT O F CLAIMS REPORT 07/08/2005-07421/2005 7 E R , JUL 19, 2005, 3:47 M - -rB : THERESA -- -lag: GL JL - -loc: CNS1'1E-- - -dab: 342191 #J064--- -prog: 09 <1.07 >-- report id: CKMC Defal �1 t Selection: Check Stock ID: AP ; Check Types: Ma, HGJ, RV, VH Vendor Naire Pcccurt # Depart-rent CHAVEZ, TEEMS & CORBY CHRISTENSEN, RHI1 CTIRIX SYS�IH E INC CAS COOK TREE SERVICE, ED CL'Y, JCI N CR MEILDYE C X & COX 'I'ICN INC CDX & C1DX CCNSIKETICN INC CREEK ENVIRCNvIENIAL LABS 10 -00 -2002 GENERAL & AUvIINISIRATICN 20 -00 -2002 GENERAL & AIIM NISTRATICN 20 -02 -4520 PUMPS 10 -37 -6030 INFORMATION SYSTEMS 20 -37 -6030 INFORMATION SYSTEMS 20 -22 -4405 HUMAN RF XJRC,ES DIRECTOR 10 -22 -4405 HAW RE9aRC S 20 -01 -6052 INCERGROUND REPAIR 10 -00 -2002 GENERAL & AEMINISIRATICN 90 -98 -8828 EXPORT PIPELINE GRANT 90 -98 -8828 EXPORT PIPELINE GRANT 20 -07 -6110 LABORATORY Description Check Ibtal: : UTILITY BILLING SUSPENSE UIMITY BILLILZ SUSPENSE Check Tbtal: MISC LIABILITY CLAIMS Check Total: SERVICE CCNIRACIS SERVICE CNIRACTS Check Ibtal: CONTRACTUAL L SERVICES CONTRACTUAL SERVICES Check Total: PIPE, COVERS, &NANEELES Check Total: UTILITY BILLLINTh SUSPENSE Check Total: MINE PHS III LPPS -CAN Check Total: BLINE PHS III LPPS-OkARGROUN Check Total: Vendor Total: Amount Check # Type 477.83 00060504 Ma 72.42 99.00 171.42 00060505 NW 1,231.88 1,231.88 1,000.56 1,000.56 2,001.12 30.80 30.80 61.60 00060506 M' 00060507 NW 00060508 Ma 190.00 190.00 00060509 MW 2,980.14 2,980.14 00060510 Ma - 398,962.43 - 398,962.43 00060344 RV 371,785.09 371,785.09 00060457 Ma - 27,177.34 771.40 Check Ibtal: 771.40 00060511 Ma South Tah e P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08 2005 - 07/21/2005 ClCP TUE, JUL 19, 2005, 3:47 AEI - -req: THERESA -- -leg: GL JL - -loc: CNSi'1E - -- -job: 342191 #J064--- -prcg: 09 <1.07 >-- report id: Default Selection: Check Stock ID: AP ; Check Types: MnI,HW,RV,VH Verrbr Nacre Account # Eepextrrent DWI LABORATORIES DICK amp DC7UGLAS DISPOSAL :RIVER ALLIANT INSURANCE 20 -07 -6110 LABORATORY 10 -07 -4760 LAECRATORY 20 -07 -4760 LP1ATDRY 10 -00 -6370 COAL & ALMIINISIRP ICN 10 -00 -0301 GENERAL & AMINISTRATICN 20 -00 -0301 GENERAL & AtM NISIRATICN E & M Ef ECIRTC AND NACU 10 -29 -8668 ENGIlNEERINS E IRIX INC ENVIRCIVENIML EGRESS 20 -29 -8548 20 -29 -8574 20 -29 -8692 20 -07 -4760 10 -07 -4760 ENVIRCNIRVMLFESOUR113ASSO 20 -07 -4760 10 -07 -4760 FELEK 10 -28 -4820 FRE ECM ALLIANCE 10 -21 -6621 E%-TNEERThB ENGIlNEERILZ LABCRATCRY IABCRATCRY LABCRATCRC ALPINE OO[.NTY AEMI ISIRATTCN Description N NITC RIM Check Total: LABCRATCRY SUPPLIES Check Total: RENEE DISPOSAL c1- ck Total: INSURANCE PREPAID INSURANCE PREPAID Check Total: NAM =ROL PANEL, WinTI'P Check Total: WIRLN, BWY 50 REND TO SJ WELL, BAYVIEW WIPLN, JOHNSON Check Total: LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: OrriCE SUPPLIES Check Tot al : IN=TVE & RB to J T'ICN MGR A Tcunt Check # Type 2,660.00 2,660.00 00060513 Ma 588.50 562.99 1,151.49 00060514 MW 17.00 17.00 00060515 Mai 2,797.00 2,797.00 5,594.00 00060516 NW 2,790.53 2,790.53 00060517 MW 117.00 609.70 1,163.50 1,890.20 00060518 MW 16.97 11.25 28.22 00060519 NW 37.50 32.81 70.31 00060520 Ma 18.99 18.99 00060521 Ma 100.00 South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08/2005-07/21/2005 TUE, JUL 19, 2005, 3:47 AEI - -req: THERESA -- -lag: GL JL - -lcc: CNS1'1E - -- -job: 342191 #J064-- - -pmg: 09 <1.07>--Deport id: Default Selection: Creek Stock ID: AP ; Check Types: NW,HW,RV,VH Vend= Na1re Acccunt # D3rt ent G F S CHEMICAL INC GROVE NAT INaEIR ES INC HENCERSCN, tEBIE HIGH LEE= MICROGRAPHICS LTA ASSCCTATES, ALEX I M P A C GOVERMENT SERVICES 20 -21 -6621 ALMIISIRATICN 10 -07 -4760 LABORATORY 20 -07 -4760 LAB:RAMEY 10 -07 -6025 LABORATC1ff 10 -37 -8565 INECRNRITCN SYSTEMS 20 -03 -6051 ELECIRICAL SHOP 10 -03 -6200 E EORICAL SEDP 10 -39 -6200 FINANCE 20 -39 -6200 FINANCE 10 -39 -4820 FINANCE 20 -39 -4820 FINANCE 10 -29 -8605 FN IIIEERIND 10 -28 -6200 10 -03 -6200 10 -39 -6200 20 -39 -6200 10 -27 -6200 20 -27 -6200 10 -27 -6310 20 -27 -6310 ALPINE OaNIY ELECTRICAL I CAL SEDP FINANCE DISTRICT INFORNATICN DISTRICT INFadvATICNT DISTRICT ITiTICN DISTRICT INFCIZATTCN D.r-ipticn INCENTIVE & RIKEGN T'ICN PRA Check Tbtal: LAPCRATCRY SUPPLIES LABMTCEff SUPPLIES LABCEAZCRY EXIFVENT Check Total: GIS IMPIEMENIATICN Check Total: PIMP TRA CIS /Check Tbtal: TRAVEL / /EarATTCN Check Total: OFFTCE SUPPLIES OFFTC EE SUPPLIES Check Total: OXYGEN SYSIFM /TNLiL, ICR Check Total: /El7[Jmmay IDUCATICN E1,TTCN /ETICN TRAVEL TRA TPA TPA TRA TRA D• • I e. I e. 1 e. I e. I e. I h TELEPIENE Amoa t Check # 'I11De 100.00 200.00 00060522 Mil - 857.81 - 804.45 - 595.00 - 2,257.26 00060362 RV 22,252.04 22,252.04 00060523 MI 591.55 135.00 726.55 00060524 Nod 34.62 34.61 69.23 00060525 MAI 3,389.57 2,446.39 5,835.96 00060526 Mnl 5,920.00 5,920.00 00060527 M' 133.25 1,032.41 106.89 106.88 7.00 47.50 10.77 10.77 S o u t h I h o e P.U.D. 07/19/05 PAYMENT O F CLAIMS REPORT 07/08/2005-07/21/2005 CPR 0 TUE, JUL 19, 2005, 3:47 FM - -rag: THERESA---leg: CL 3L - -loc: CL\El'1E-- - -jcb: 342191 #J064--- -gxog: CK509 <1.07 > - -wort id: Defalit t Selection: Cwt Stock ID: AP ; Check Types: 147,HW,RV,VH Vendor Nacre Aooaint # Department 10 -27 -6620 20 -27 -6620 10 -38 -6200 20 -38 -6200 10 -21 -6621 20 -21 -6621 10 -04 -6042 10 -04 -6073 10 -37 -7051 10 -37 -4820 20 -37 -4820 10 -29 -4820 20 -29 -4820 10 -37 -4840 20 -37 -4840 10 -38 -6250 20 -38 -6250 20 -03 -6200 10 -00 -6520 20 -00 -6520 10 -39 -4820 20 -39 -4820 10 -06 -6200 20 -29 -8401 10 -29 -6200 20 -29 -6200 20 -29 -7048 10 -22 -6200 20 -22 -6200 20 -01 -4820 10 -02 -6200 20 -02 -6200 10 -01 -6200 10 -00 -3504 DISTRICT INECRNATICN DICUSICNE2 SERVICE CUSTUMER SERVICE PENENISTRATDaq AEVENIS RATTCN HEAVY MAINIENANZE HEAVY NAINIEMNCE INECEvATICN SYSTEMS INECIWATTCN SYSTEMS INECRNATTCN SYSTEMS IINGIlNEER ENaENIDERIM INECRNATTCN SYSTEMS INECRNATTCN CEICMER SERVICE C RSSE VC SHDP GENERAL & ALM NISIRATTCN GENERAL & ALMIlllISIRATICN FINANCE FINANCE CPERATICNE ENGINOERIN3 EN3INEERIN ENG:INEERINU ENBINEERILZ 1-1MW RESOURCES FINAN RE9JURCES DIRFX R R. LMERGROWD REPAIR FUMPS PIMPS LIZEROPOUND REPAIR GENERAL & AiND NISIRAIICN Description RELIC RELATIONS FAR RELIC RELATTCNS EXPENSE TRAVEL in 1 e. /EDUCATICN TRAVEL 1_ t. /_ECJJCATTCN •� & CN FRC R INCENTIVE & R1332GNITICN PR GROWCS & IvinINIENANCE SNAIL IDOLS TIIEPIENE SYSTEM OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OF'te16E SUPPLIES DISIRICT COMPUTER SUPPLm DI r CT SUPPLIES DUES im i., * -'+ 1 PS CERTIFICATI DUES I9 I :0 "i 1 PS CERTTFICATI TRAM I c. /EDUCATICN a '' ID. SUPPLIES Ot.FiCE SUPPLIES OFMLCE SUPPLIES TRA is 1 .. /Ear= • . • i•- SERVIC /� CENTER 'IRA ID 1 e. EDu ATICN TRA EDUr,TTCN WIRIN JUNIN RT VD TRA i• i• 1 e. /�AT'ICN TRAVEL ti EGLJCATTCN an SUPPLIES TRAVEL/MEEITN3S /EQJCATTCN TRAVEL i• 1 e. /IDUCP,TICN TRAVEL i• 1 c, /ElITATTCN SALE 0 SURPLUS ASSETS krount Check # Type 710.22 710.21 500.04 500.03 420.05 420.04 296.67 501.00 163.20 131.08 131.08 103.98 293.87 55.75 55.75 38.98 38.97 261.80 1.50 1.49 44.48 44.47 207.11 60.22 383.38 383.38 719.88 -87.50 -87.50 52.00 714.94 714.94 182.58 155.08 South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08/2005-07421/2005 �11 TIE, JUL 19, 2005, 3:47 HMI - -req: THERESA---leg: GL : CNS1'1l - -- -jab: 342191 #J064--- -prcg: 09 <1.07 >- -report id: PC Default Selection: Check Stock 1D: AP ; Clerk Types: Ma, HW, RV, VH vendor Narre Account # Eerartnent IDEKC DISIRIBUITCN C CRP. IMPACT SIRATMIES IM IY- PRINIS INC 10 -06 -4820 20 -38 -4420 10 -38 -6073 20 -38 -6073 10 -07 -4760 20 -07 -6200 20 -07 -4760 10 -07 -6200 10 -19 -6200 20 -19 -6200 20 -21 -6200 10 -37 -6200 20 -37 -6200 10 -02 -6083 20 -02 -6083 10 -02 -4620 20 -02 -4620 10 -02 -4820 20 -02 -4820 10 -01 -6052 OPERATIONS CUSTOMER SERVICE CUSTOMER SERVICE Q EICMER SERVICE LABORATORY LABMKEY LABORATORY LAECRATORY BCARD OF DIRECTCRS BMRD DIRECTORS ALMINISOF TRATICN RCN SYSTEMS PIMPS PIMPS AMPS AMPS AMPS AMPS INCERGIUND REPAIR 20 -07 -4760 LABCRPTORY 10 -07 -4760 LABC RATCY' 10 -27 -4405 20 -27 -4405 10 -39 -4920 20 -39 -4920 10 -06 -6650 20 -27 -4920 DISTRICT Il,TTCN DISTRICT IlTCN FINAKE FINANCE OPERATIONS DISTRICT IIICN Descriptic:n O1.r'10E SUPPLIES MAPPING SMALL TOOLS St3,LL TOOLS TRA • :.% ID ID D ECOMTICN TRA 1 e� CN TRA EQX ITTCN eti /E�4TICN Acoom EATICN CNS STANDBY ACOCKEIATICNS DIESEL DIEL OFFICE SUPPLIES O1,r'10E SUPPLIES PIPE, CAS, & MANGLE`S Check Total: TRA IRA TRAVEL TRA LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total.: CONTRACTUAL SERVICES CONTRACTUAL SERVICES Check Total: PRINITN3 PRINT= OPERATr1IZ PERMITS ?JNUN3 Arrcunt Check # Type 329.90 23.61 18.31 18.31 256.92 275.30 256.92 309.83 49.82 49.81 35.00 807.43 807.42 55.04 55.03 44.22 44.22 9.68 9.68 50.58 13,785.67 526.74 495.65 1,022.39 2,750.00 2,750.00 5,500.00 182.29 182.29 10.24 574.37 00060530 Ma 00060531 Ma 00060512 Ma South Tahce P.U.D. TUE, JUL 19, 2005, 3:47 n=lault Selecticn: Check VerirNam 07/19/05 PAYMENT O F CLAIMS REPORT 07/08 2005 - 07/21/2005 C� FM - -req: � -- -leg: GL JL - -loc: CNSfiE--- -jc�b: 342191 #J064--- -prog: 09 <1.07 >- -mart id: Stock ID: AP ; Check Types: MW, HW, RV,VH Acocxmt # Departrrent INSTY- PRINTS INC 10 -27 -4920 DISTRICT INECRNATICN 10 -39 -4920 FINANCE 20 -39 -4920 FINANCE INTERSTATE SAFELY & SUPPLY 10 -00 -0425 GENERAL & AtM[NISIRATICIN J B I WATER & WASTh1 TFR EQUIP 10 -06 -8415 OPFRATTCNS JCtN' S TRUCK & TRAILER EQUIP 20 -05 -8521 EQUIPMENT REPAIR KRLT &KOWLRADIO KAISER PERMAIENIE LAKESIDE NAPA 20 -27 -6660 DISTRICT INECIRFATTCN 30 -00 -6745 SFIF FUNDED INSURANCE 10 -01 -6071 10 -01 -6073 10 -02 -4630 10 -02 -6073 20 -02 -6073 10 -03 -6071 IN:ERaRaND REPAIR I D REPAIR RNIPS ALPS AMPS E E IRIS, SHOP Descripticn PRINTING PRINTIM PRINTING Check Total: Check Tbth1: Verrior Total: SAFETY SUPPLIES INVENICRY 1. REPL AMP, WASTE ACTIV SUXG Check Tbt-al MEL TRUCK EQUIP REPAIR Check Total: WATER QIAI'ICN Check Total: CLAIMS SELF INS MEDICAL PLAN Check Total: SHOP SUPPLIES Tams OIL & LIERICANTS ALL TOOLS SMALL TOOLS SEDP SUPPLIES Amount Ceck # Type 574.37 1,523.56 00060532 Mod 374.33 374.14 748.47 00060533 M1 2,272.03 98.27 98.27 00060534 MK 3,986.75 3,986.75 00060535 MA7 9,361.32 9,361.32 00060536 MA 1,904.00 1,904.00 00060537 MW 403.00 403.00 00060538 M' 2.68 28.03 38.66 6.26 6.25 15.01 00060539 MAI South TaFce P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08/2005-07421/2005 13 TUE, JUL 19, 2005, 3:47 R4 - -rag: THERESA---leg: GL JL - -loc: CNSfiE - -- -dab: 342191 #J064--- -prog: 09 <1.0 >--report id: Default Selection: Check Stock ID: AP ; Check Types: M✓LHW,RV,VH Vendor Narre Acoar t # Deparbrent T .TT T Y' S TIRE SERVICE INC. LIVE WIRE MEDIA PASS LIJCMIS FAl & ca LLMaS & ASSOCIATES MARKSCN LAB SALEE NARTIN, DONALD L & NA,RJC IE 20 -03 -6071 20 -03 -6073 10 -04 -6012 10 -05 -6012 10 -05 -6071 20 -05 -6071 20 -05 -6011 10 -05 -6011 10 -05 -6013 20 -05 -6013 20 -05 -6011 10 -05 -6011 ELECTRICAL SEDP ET EKMI 7 L SEDP HEAVY MAINTENANCE E EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR EQUIPMENT REPAIR 20 -27 -6660 DISTRICT IITICN 10 -39 -4405 FIDE 20 -39 -4405 FINANCE 20 -29 -8401 10 -07 -4760 20 -07 -4760 20 -39 -6709 20 -39 -6710 End LAEORATCRC LABCRATCRe- FIANCE FINALE Description SFDP SUPPLIES 3vALL TOOLS MILE EQUIPMENT METT F PNENT SHOP SEDP SUPPLIES ALTICMJITVE GENERAUICMDITVE ATORS GHNERATCRS AUICM7ITVE AUICMDITVE Check Total: Check Tbt-al : WATER CCN3ERVATTCN E E Check Total: SAL, SERVICES CSNIRACILAL SERVICES Check Total: C EIT.1 R SERVICE CENTER Check Total: LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total : MAN PRINCIPAL PANIS INTEREST ECPENSE Check Total: Arr rit Check # Type 32.46 97.72 431.17 47.71 43.87 43.87 341.33 318.97 226.65 321.10 2,001.74 725.81 573.79 1,299.60 336.00 336.00 254.24 254.24 508.48 2,535.00 2,535.00 3.61 3.61 7.22 6,150.13 1,767.71 7,917.84 00060540 141 00060541 NW 00060542 Nil 00060543 MTV 00060544 Ml 00060545 NW 00060546 MA7 South Tahoe P.U.D. 07/19/05 PAYMENT OF CLAIMS REPORT 07/08 2005 - 07/21/2005 PP 14 TIE, JUL 19, 2005, 3:47 FM - -req: THERESA -- -leg: GL JL - -lcc: CIZ1'1E - -- -fob: 342191 #J064 - - - -p- g: 09 <1.07 > - -wort id: ORECSFC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Narre Account # DepartmEnt MARTIN, JAMES H. MARTIN, LARRY V. MARI - KCEELAS, LCUISF MU CRIER MU M SIER.CARR SUPPLY W MfficS BUILDING CENTER 20 -39 -6709 FINANCE 20 -39 -6710 FINANCE 20 -39 -6709 FINANCE 20 -39 -6710 FINANCE 20 -39 -6709 FIDE 20 -39 -6710 FINIANCE 10 -02 -6051 PCNPS 10 -05 -6011 EQUIPMENT REPAIR 10 -04 -6021 FEAVY MAINTENANCE 10 -02 -6051 20 -02 -6050 20 -02 -6051 10 -02 -6071 10 -03 -6073 20 -03 -6073 10 -04 -6012 10 -04 -6021 10 -04 -6022 10 -04 -6023 10 -04 -6041 10 -04 -6042 10 -04 -6071 10 -04 -6073 10 -05 -6013 RMPS PIMPS PUMPS PCMPS Ef FC'IRT(AL SE3JP Ef C RIc7 L SHOP MAINTENANCE HEAVY MA_INIENANCE HEAVVY MAINTENANCE HEAVY IvAINIMANCE HFAUY MAINIENANCE HEAVY NIAIVIE HEAVY MIINIENANCE EXIRMENT REPAIR Desaripticn LOAN PRINCIPAL PAYMENTS MEREST EXPENSE Total: ILAN PRINCIPAL PAYMENTS INTEREST EXPERSE Check Total: LOAN PRINCIPAL PAYMENTS INIEREST Check Total: PCMP STATIONS Check Total: AUICKEIVE PRIMARYl _ Check Total: PUMP SIATICNS WELLS PUMP SIATTCNS SHOP SUPPLIES SMALL TIES SMALL TOOLS PRIMARY EQUIR4WT SECONDARY EQUIPMENT EUILDI E GRCUNES & YA1NTE AN E SHOP SUPPLIES SMALL TOOLS ORATORS Amxmt Check # Type 3,075.07 883.85 3,958.92 3,075.06 883.86 3,958.92 2,855.30 820.69 3,675.99 3,212.54 3,212.54 1,554.27 931.88 2,486.15 327.98 3.02 67.09 50.33 41.14 41.13 31.51 15.59 7.73 232.86 13.21 235.85 67.19 15.55 10.44 00060547 MbJ 00060548 M' 00060549 MW 00060550 M/s1 00060551 MA1 South [hoe P.U.D. TLE, JUL 19, 2005, 3:47 Default Selecticn: Check vendor Nare 07/19/05 PAYMENT OF GL JL - -loc: CLAIMS R E P O R T 07/08/2005-07/21/2005 avzs.18 CNS11E - -- -job: 342191 #J064--- -prog: 05.09 <1.07 >- -resort id: Stock ID: AP ; Check Types: MW,HW,RV,VH Account # Dapartrrent MSS MITEL NEIWCIRKS INC NCSa cHER, MARY LGU NEM IN b'IR1E5 INC NELS TPA HA RE 10 -28 -6042 ALPINE COUNTY 20 -02 -6071 PIERS 10 -37 -6310 20 -37 -6310 10 -01 -6310 20 -01 -6310 10 -04 -6310 10 -03 -6310 20 -03 -6310 10 -05 -6310 20 -05 -6310 10 -29 -6310 20 -29 -6310 II TICK SYSTEMS INFCRNATICN SYSIENS INEEKTUND REPAIR UNCERGaaND REPAIR HEAVY DiAMIENANCE Ef FEE RTC AL SHOP Ef FAT TRTCAL SE DP HMIENI REPAIR FMENT REPAIR 0 HI IDD" 1 E: 10 -37 -7051 INFORMATION SYSTEMS 10 -19 -6200 20 -19 -6200 20 -29 -4820 10 -29 -4820 20 -37 -6030 10 -37 -6030 10 -05 -6013 10 -01 -6071 10 -04 -6023 10 -05 -6011 BOARD OF DIRECTORS BY,RD OF DDS EIlNEERINB EN=RINTG IITTCN SYSTEMS INFCRMATICN SYSTEMS F JIAMENT REPAIR INLIERGRaND REPAIR HVY HE2 YMEnTIN REPAIR Descripticn CIS & NAJNIENANCE SF DP SUPPLIES Check Tbtal: TFT EP E E TELEPHME TELEPHONE TELEPHONE EPHONE TFY E PFTNF; TELEPHONE TELERINE TELEPHONE TFT EPF ME E EPHCTIE TEE.PH NE Check Total: TF'l E H NE SYSTEM Check Total : TRA /EQt,TI N TRA � Check Total: ID 1!. 0 1 e. Orr'10E SUPPLIES CFFICE SUPPLIES SERVICE CCNURACTS SERVICE O NIPPCIS Check Ibtal: GENERATORS FILTER � P /BLDG Amount Check # Type 66.57 50.33 1,277.52 00060552 Ma 48.94 48.94 48.95 48.95 93.10 235.15 235.15 48.95 48.95 146.85 146.85 1,150.78 00060553 MW 1,529.81 1,529.81 00060554 MW 61.73 61.73 123.46 00060555 Mi 1,530.85 1,520.27 1,144.70 1,144.70 5,340.52 00060556 DV 18.77 17.74 8.67 6.01 South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08 2005 - 07/21/2005 16 TUE, JUL 19, 2005, 3:47 BA - -req: =MA—leg: GL JL - -loc: CNS1'fl -- - -jcb: 342191 #J064-- - -pmg: 09 <1.07 >-- report id: �FC Default Selection: Check Stock ID: AP ; Check Types: MST, Ifni, RV, VH Vendor Nacre Poccurt # Department 20 -05 -6011 EQUIPMENT REPAIR NEVADA EjJIAv]ENT & RTJCREATTCN 10 -28 -6042 ALPINE C UJIY T PIPE CZMPANY INC PETTY CASH 90 -98 -8828 Ems' PIPELINE GRANT 10 -02 -6200 10 -04 -6071 10 -05 -6011 10 -19 -4820 10 -21 -4820 10 -21 -6200 10 -21 -6621 10 -22 -6079 10 -27 -6200 10 -29 -6200 10 -37 -6200 10 -38 -4820 10 -39 -6200 10 -39 -6520 20 -01 -4820 20 -05 -6011 20 -19 -4820 20 -21 -4820 20 -21 -6200 20 -21 -6621 20 -22 -6079 20 -27 -6200 20 -29 -6200 20 -37 -6200 20 -38 -4820 PUMPS HEAVY MAINIENANCE EQUI NENI' REPAIR RECICRS AAII�TIOSIRA ICN AEMI ISIRATIQQ DISTRICT INRCEVATICN ENUINEERILZ INFCRVATICN QEIC NER. SERVICE FINANCE FI E U\ ND REPAIR �_ OFDS AEMINISTRATICN STRATICN ALA Mt IS CN HilvAN RESOURCES DIRECIC DISTRICT INECRMTICN E fl INECEMATICN Cb'IC1 2 SERVISC Description. AUILNDTIVE Check Total: (=Rams & ! INIFI Check Total: EL1 PHS III LPPS-CAMPGEUE Check Total: TRAVELS /E11 MICN SEDP AUICMDTIVE OFFICE SUPPLIM OFFICE SUPPLIES TRAVEL /_1t ICN SAFETY CN PR22 TRAVEL CN TRAVEL CN TRAV• EL /Fnr TICK Or • r'10E SUPPLIES AUI MJUTVE OFFICE SUPPLIES ONte10E SUPPLIES TRA o o 1 ti FEUCATICN SAFETY& CNPf t TRA 2 12 i h /EDUPTICN TRA DI ID 1 c./ CN TRA 12 I e./ECUCATICN OH LS SUPPLIES 1 i8 Amount Check # Type 6.01 57.20 490.67 490.67 27,177.34 27,177.34 30.00 10.00 50.00 3.59 2.58 8.10 110.62 4.00 1.50 3.26 1.32 6.74 41.70 50.29 9.69 10.00 3.59 2.57 8.10 110.61 3.99 12.00 3.26 1.31 6.73 00060557 MvI 00060558 MN 00060458 MAT South T&ce P.U.D. TUE, JUL 19, 2005, 3:47 Default Selection: Check Verrbr Nam 07/19/05 PAYMENT O F PM - -req: THERESA -- -leg: GL JL - -loc: CLAIMS R E P O R T 07/08/2005-07/21/2005 aaqqee 17 CIE±11 - -- -jab: 342191 #J064-- - -prog: 09 <1.07 >-- report id: CKRD3SFc Stork ID: AP ; Check Types: NW,HW,RV,VH Account # Departrrent PICNE t AMERICAS LLC PICNFER AMERICAS LLC PRO LEISURE CLAD RVJPF INC SID'S R SUPPLY R SUPPLY RADIO SHACK 20 -39 -6200 FIlCE 20 -39 -6520 FINANCE 10 -06 -4755 OPERATICNS 20 -02 -4755 AMPS 10 -06 -4755 OPERATIa4S 10 -21 -6621 AUV NISTRATICN 20 -21 -6621 PENUNISIRATICN 10 -29 -4405 End 20 -01 -6075 Li ND REPAIR 20 -01 -6052 UNEEKFUND REPAIR 20 -01 -6052 INEER121UND REPAIR 10 -29 -4820 ELa:NEER 20 -29 -4820 ENallEFRMB Description TRA /Earmaav Check Total: HYPOCHUMITE HYPCCHLORITE Check Total: HYPOCHLCRITE Check Total: Vencbr 'Ibt -al INCFNITVE & RDZOSNITTCN PRA INCENITVE & REKJJQVTITCN FRCP. Check Total: CCNIRACIL1,L SERVICES Check Total: SAFETY EQUIPMENT/PHYSICALS Check Total: PIPE, COVERS, & NANEDLES Check Total: PIPE, CIS, & NOES Check Total: Verrbr Total: OFr'iCE SUPPLIES OFFICE SUPPLIES Check Total: Anmmt Check # Type 58.70 4.28 558.53 00060559 3,943.17 2,889.60 6,832.77 00060560 4,125.21 4,125.21 00060561 10,957.98 77.01 77.01 154.02 00060562 12,816.09 12,816.09 00060563 177.79 177.79 00060564 4,331.83 4,331.83 00060565 5,664.62 5,664.62 00060566 9,996.45 111.66 111.65 223.31 00060567 NW South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08/2005-07/21/2005 CP�ge A 1188 TLE, JUL 19, 2005, 3:47 AM - -req: E -- -leg: CL JL- -loo: CNSLLE - -- -jab: 342191 #J064--- -prag: 09 <1.07 >-- rsport id: RD Default Selection: Check Stock ID: AP ; Check Types: Ma,IN,RV,VH Vendor Nacre Account # Departrent RID WIIG SERE SORE 20 -01 -6075 INGERGROUND REPAIR 10 -28 -6075 ALPINE COUNTY RICH'S SMALL ENGINE SERVICE 10 -05 -6011 EQUIPMENT REPAIR 20 -05 -6011 EQUIPMENT REPAIR S B C 10 -37 -6310 DIRTMATICN SYSTEMS 20 -37 -6310 INECEMTICN SYSTEMS 10 -37 -7051 I ICN SYSIEMS S BC /MCI SAFETY CENIER INC SCIB TIRES, LES SCOTT, BUT, SC7:7TIYS HARDWARE 20 -02 -6310 PUMPS 10 -02 -6310 PUMPS 10 -39 -6310 FINANCE 20 -39 -6310 FINANCE 10 -22 -6250 HUNAN RESOURCES 20 -22 -6250 HUNAN RESOURCES DIRECTOR 10 -06 -6250 OPERATIONS 10 -05 -6011 EtXIPMENT REPAIR 20 -38 -4405 CUSTOMER SERVICE 10 -01 -6071 L1 ND REPAIR 10 -02 -6071 PRIMPS 20 -02 -6071 P[NPS 20 -02 -6051 PUMPS Description SAFEIY SAFETY D UI A�Nr /PMI�.S Check Total: EVE AUICMJITVE Check Total: TELEPHONE F J PF R SYSTEM Check Total: TEL E ENE TEL ERENE TEL E ENE Check Total: DUES m : o- a . PS /CERTIFICATI IIES is p - —I I PS /CERTTFICATI DUES/N SE IPS /CERTIF IC I Check Total: AUIc`MMITVE Check Total: CCNIRACILAL =ICES=ICES Check Total: SAP SUPPLIES SHOP SUPPLIES SHOP SUPPLIES PUMP SIATICNE Amount Check # Type 141.97 238.13 380.10 29.10 29.09 58.19 9.17 9.17 3,676.81 3,695.15 104.87 105.18 7.27 7.27 224.59 153.90 153.90 230.00 537.80 743.34 743.34 85.00 85.00 15.33 19.42 19.41 7.15 00060568 Ma 00060569 MST 00060571 MAI 00060570 MAI 00060572 MN 00060573 Ma 00060574 Ml S o u t h Tahoe P.U.D. 07/19/05 PAYMENT O F C L A I M S REPORT 07/08 2005 - 07/21/2005 Cade 1199 TUE, JUL 19, 2005, 3:47 FM --leg: THERESA---leg: C� JL - -loc: QNEIJ± - -- -job: 342191 #3064----p mg: 09 <1.07 > - -art id: RDA Default Selection: Check Stock ID: AP ; Check Types: NW, J+1, RV, VH Vendor Nacre Account # Departrrent SHEHADI M7IDRS SIERRA SIERRA FC CJIfIILL LABATOY SIERRA PACIFIC POWER SIERRA SPRIlM WATER OD 10 -05 -6011 EQUIPMENT REPAIR 20 -05 -6011 EQUTAMETT REPAIR 10 -07 -6110 LABORATORY 20 -07 -6110 LABORATORY 20 -07 -6110 LABORATORY 10 -07 -6110 LABORATORY 10 -00 -6740 GENERAL & Auv NISIRATICN 10 -00 -6330 CORAL & AE NISIRPIITCN 20 -00 -6330 COAL & AENINISIRATTCN 10 -01 -6520 UNEERGROUND REPAIR 20 -01 -6520 LNDERMIND REPAIR 10 -02 -6520 RAPS 10 -29 -6520 IIN3IINEERIlI 20 -29 -6520 ENGINEERM 10 -03 -6520 ELECTRICAL RIC AL SHOP 20 -03 -6520 ELECTRICAL SHOP 10 -04 -6520 HEAVY MAIN EVAN E 10 -06 -6520 OPERATTCES 10 -05 -6520 EQUIPMENT REPAIR 20 -05 -6520 FJ XJIFNENT REPAIR 10 -28 -6520 ALPINE COUNTY NIY 10 -38 -6520 C EICNIER SERVICE 20 -38 -6520 CUS'ICNlER SERVICE 10 -39 -6520 FINANCE Descripticn AUICMOTIVE AUICM7ITVE MNTICJR.IIM NENTICJR_ KNTICRING NENTICRITZ Check Total: Check Total: Check Total: Check Total: Sn' I± f LICH= EXPENSE FT DOTRICTIY Check Total: SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES A cunt deck # Type 61.31 00060575 M,7 16.17 16.16 32.33 00060576 NW 135.00 2,296.00 2,431.00 00060577 NW 48.50 165.00 213.50 00060578 NW 1,364.67 70,489.90 27,918.28 99,772.85 00060579 NW 60.13 60.13 4.01 4.01 4.01 20.04 20.04 60.13 60.13 20.04 20.04 20.04 20.04 20.04 4.02 South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08 2005 - 07/21/2005 �20 TUE, JUL 19, 2005, 3:47 FM - -req: THERESA---leg: GL JL - -loc: C1'1E - -- -dab: 342191 #J064--- -prcg: 09 <1.07 > - -wort id: PC Default Selection: Check Stock 1D: AP ; Check Types : Nda, HW, RV, VH Vencbr Narre Accra it # Departrrent SIERRA 'MICE READY MIX sa D SIRAmGIE S /OFC INC. SaTIH LAKE MEE LC13CE SOUIFI LAKE TAHDE, CT'IY OF SOUIH THE PLUMBING SUPPLY 20 -39 -6520 FIDE 20 -01 -6052 LNEERGRaND REPAIR 20 -27 -6660 DISTRICT INFORMATICN 20 -01 -6083 T1 NJ REPAIR 20 -29 -8401 =NEERI G 10 -04 -6023 HEAVY NAINIENIANCE 10 -04 -6073 HEAVY MUNIENANCE 10 -04 -6071 HEAVY NAINTE ANCE 20 -01 -6073 ULEERCRCLND REPAIR 20 -02 -6050 AMPS 20 -03 -6050 E MT ICAL SE30P 10 -04 -6022 HEAVY NAINIENANCE 10 -04 -6041 HEAVY r INIENANCE 10 -04 -6042 HEAVY NIAINIENANCE S UIH TEE PUB UTILITY DIST 10 -00 -2002 C ?AL & AIIMINTISIR TICN 20 -00 -2002 GENERAL & ALMINISIRATICN SaTIH TAHDE REEUSE 10 -00 -6370 GENERAL & ALMIlVISIRATICN 20 -00 -6370 GENERAL & ALM NISIRATICN Description SUPPLIES Check Total: PIPh, COVERS, & WINIELES Check Total: WATERIATICN EASE Check Total: S]ANE13Y �T s Total CTEICN R SERVICE CENTER Check Total: MEER IDOLS P /ffiDG SWILL SEDP SUPPLIES SHALL TOOLS WELLS WELLS =MARY EQUIPMENT NT GUMS & MUNIENANCE UT'llil'IY BILL= SCEPEI EE UTILITY BILL= SUM= Check Total: REETJSE DISPOSAL REFEE DISL Check Total: Atrount Check # Type 4.02 400.87 483.16 483.16 98.00 98.00 353.60 353.60 40,876.38 40,876.38 652.06 53.26 210.44 99.23 31.25 127.89 360.06 189.99 14.87 1,739.05 96.56 153.44 250.00 2,291.64 250.98 2,542.62 00060580 MV 00060581 MAI 00060582 MAT 00060583 NW 00060584 Mi 00060585 Ma 00060586 MAT 00060587 Ma South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08 2005 - 07/21/2005 21 ILE, JUL 19, 2005, 3:47 PM - -req: Th R E -- -leg: GL 1°c: C1 SLLE - -- -jab: 342191 #J064--- -pLtg: 09 <1.07 > - -tort id: Default Selection: Check Stock ID: AP ; C eCk Types: WI, 11.4, RV, VH vendor Nacre Account # Lepel/tin-Ent SC7CJIE ELL BLS SCUTEMEST CMS SPRIl a< SOFTWARE SIAN= CENSEJLTIM INC SD ELINE OEr'10E SUPPLY SIC)C <E3ALEEN IN2 SUBSITIUTE PER9CNNEL & 10 -07 -6025 LAECRATCRY 10 -00 -6350 GENERAL & ALMIINIS RATION 20 -00 -6350 GENERAL & AUVll ISIRATICN 20 -37 -6030 INECIRvATICN SYSTEMS 10 -37 -6030 INECRNATICN SYSTEMS 10 -29 -8352 ENGINEERING 20 -29 -8401 EN3INEER113 90 -98 -8828 EKPIRT PIPELINE GRANT 20 -29 -8548 ENGINEERM 10 -03 -4820 20 -03 -4820 10 -21 -4820 20 -21 -4820 10 -29 -4820 20 -29 -4820 10 -38 -4820 20 -38 -4820 ELBL1RICAL SEDP EIECTRICAL SHOP ALMINVISIRATTCN A MLNISIRATICN IIIlNEERII3 C'IQ ER SERVICE CLEItt SERVICE 10 -06 -4720 OPERATIONS 10 -07 -4405 LABORATORY 20 -07 -4405 LABORATORY 10 -39 -4405 FINANCE 20 -39 -4405 FINANCE Description LAECRATCRY EUTIPMENT Check Tbta1 Nin,TURAL G4S NA1URAL C15IS Check Total: SERVICE CONTRACTS SERVICE CONTRACTS Check Total: WILEWCOD SE VIVE INIERCE PICR C EICMER SERVICE CENTER HUNS HE III LPPS-CAMPGRiaN WIRLN, HWY 50 REND TU SJ Check 'Ibt 1 : Obr10E SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES ObnCE SUPPLIES Orr'10E SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES ROLYMER Check Total: Check Total: CONTRACTUAL SERVICES CONTRACTUAL SERVICES CONTRACTUAL SERVICES CAL SERVICES Amount Check # Type 595.00 595.00 00060588 Ma 37.80 147.93 185.73 00060589 Ma 7,729.17 7,729.17 15,458.34 00060590 Ma 8,421.75 35,663.25 2,293.80 5,152.75 51,531.55 00060591 MAI 46.33 46.32 17.78 17.77 168.76 168.75 351.27 351.27 1,168.25 00060592 NW 9,672.50 9,672.50 00060593 MAI 192.21 192.21 109.20 109.20 S o u t h Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS REPORT 07/08 2005 - 07/21/2005 C 22 TiJE, JUL 19, 2005, 3:47 FM - -req: THERESA -- -lei: GL JL - -loc: CIV51'1E-- - -jab: 342191 #J064-- - -prod: 09 <1.07 > -- report id: Default Selection: Check Vendor Natre Stock ID: AP ; Cock Types: M ,BW,RV,VH Accoumt # Dapartrrent SIMARD BI -TAI INC. TRPA TPE ASPHALT INC TAB BASIN aNIAI NER 'TAME FIRE =ROL TAHDE NEF,A7S TALE SAND & GRAVEL TED'S ELECTRIC TOPSAFETY SERVICE 10 -01 -4405 Li XND REPAIR 20 -29 -8401 El\L'INEERING 20 -01 -4405 UNDERgaND REPAIR. 20 -37 -6030 INFUNKITag SYSTEMS 10 -37 -6030 INKRNATIW SYSIFIv6 20 -29 -8401 EIGINEERTNS 20 -01 -6052 =CROWD REPAIR 10 -06 -6652 10 -00 -6370 10 -02 -6075 20 -02 -6075 20 -27 -6660 20 -01 -6052 20 -03 -6050 10 -22 -6079 20 -22 -6079 OPERATTCNS COAL & AIYINISIRATICN RMPS DISTRICT RCN LI11ND REPAIR E EC TRIAL SHOP FILMN RESaRCES HIP AN RESXRCES DIRECIOR Description CCNIRAC.'ILP,L SERVICES CUSICMER. SERVICE CENTER CCNTRACIUAL SERVICES Tbi al SERVICE CCNIRACIS SERVICE CENTRACTSCheckk Total: CUSIUv]ER SERVICE CENTER NNTER Check Total: PIPE, COVERS, & MANIEIES Check Total: BIC60LID DISPOISAL COSTS PEED DISPOSAL Check Ibtal: SSAAFE W ILS Check Total. WATER CIMEER=CN EKPENSE Check Total PIPE, COVERS, & N LES Cork Total: WRITS SAFETY PROGRAMS SAFELY PROGRAMS Check To a1 : Arrrxmt Check # 'Iipe 1,824.00 332.15 2,508.00 5,266.97 00060594 NW 8,154.44 8,414.43 16,568.87 00060595 M' 733.00 733.00 00060596 NW 1,045.00 1,045.00 00060597 M 8,520.00 260.00 8,780.00 00060598 NW 41.00 41.00 82.00 00060600 NW 625.00 625.00 00060601 NW 695.52 695.52 00060602 WI 70.58 70.58 00060603 NW 67.34 67.34 South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08/2005-0721/2005 CVsk TUE, JUL 19, 2005, 3:47 AEI - -req: -- -leg: GL JL- -lo : C .LJ±; - -- -dab: 342191 #J064--- -prcg: CK509 <1.07 >- -resort id: Default Selecticn: Check Stock ID: AP ; Check Types: NW,HW,RV,VH Vendor Na re Acocunt # Departmait TOURNEY, RcEERT TaYne Carson Area News USDA F TSERVICE UNITED PARCEL SERVICE UNITED RENTALS VWRCIRRATICN V W R ATIN VARD VAULTS VERMEER. C ALIFCRNIA 10 -04 -6200 HEAVY MUNTENANCE 20 -27 -6660 DISTRICT INECFMTEN 90 -98 -8828 EXPORT PIPELINE GRANT 10 -00 -4810 COAL & ALMINISIRATICN 20 -00 -4810 GENERAL & AEM NISIRATICN 10 -04 -6042 HEAVY NAIlIC.E 10 -07 -4760 LABORATORY 20 -07 -4760 LABORATORY 20 -07 -4760 LABORATORY 10 -07 -4760 LABORATORY 10 -21 -4820 ALMINISIRATTCN 20 -21 -4820 AIMtNISIRATICN 20 -01 -6052 =num REPAIR D?sc ripticn Check Total: TRAVII,/NEgamas /E rkTICN Check Total: WATER �N E PF EE Check Total: PUNS If1S III LEPS-CAMP3POUK Check Tbtal : POSIPEE EXPENSES POSIA E EXPENSES Check Tbta1: GROUNDS &MINIENANCE Check Ibtal: LABORATORY SUPPLIES I S LABMATDRY SUPPLIES Check Total: IATCRY SUPPLIES LABORATCRY SUPPLIES Check Total: Vendor Total: OFFICE SUPPLIES OrnCE SUPPLIES Check Total: PIPE, COVERS, & NLES Check Total: Arnxmt Check # Type 134.68 00060604 Mnl 19.44 19.44 00060605 MAI 2,431.20 2,431.20 00060599 MAT 267.40 267.40 00060460 Ma 500.00 500.00 1,000.00 00060606 NW 78.85 78.85 00060607 MnI 859.36 802.90 1,662.26 00060608 MAI 27.92 20.71 48.63 00060609 Ma 1,710.89 48.75 48.75 97.50 00060610 NW 242.93 242.93 00060611 NW South Tahoe P.U.D. TUE, JUL, 19, 2005, 3:47 Default Selection: Check Vencbr Nacre 07/19/05 PAYMENT O F CLAIMS REPORT 07/08 2005 - 07/21/2005 Cage 2M4 FM - -req: THERESA -- -leg: GL JL - -loc: CNS1'1E-- - -jab: 342191 #J064--- -prcg: 09 <1.07 > - -wort id: RCS Stock ID: AP ; Check Types: Ma,HW,RV,VH Acccunt # Departrrent WALLACE, P DUANE 20 -19 -6200 BCARD OF DIRECIORS WATER ENVIRCMENT FEDERATION 10 -27 -6620 DISIRICT IMPORMTlaq WEDCD INC WESIERNNEVALIA SUPPLY WESTERN. EPID( PARTS WILLIAMS, RO NIE WTIHRCW OXYGEN SERVICE 20 -03 -6051 ELECTRICAL SHOP 10 -03 -6051 E E =CAL SEDP 20 -01 -6052 10 -04 -6022 10 -04 -6041 10 -04 -6042 10 -04 -6023 20 -02 -6051 10 -04 -6071 INCERSROLND HEAVY REPAD2 HEAVY MlI\TIENANCE_ HEAVY WAINIENANCE PUIPS HEAVY MINIENANCE 20 -01 -8547 TI ND REPAIR 10 -03 -6200 E E2IRTCAL SHOP 20 -03 -6200 ELECIRICAL SHOP 10 -02 -6071 20 -02 -6071 20 -02 -6050 10 -04 -6071 10 -07 -4760 20 -07 -4760 PLMPS PLMPS PLMPS HEAVY IvAINIEMNCE LABCRATCRY LAB:RAm Y Desca-ipticai 'IRA /E✓ nuTCN Ch _k Total: PUELIC RECATICNS EXPEN3E Check Total PIMP FLNP STATT� Check Total: PIPE, COVERS & NANE-EIES SECCNEAFff EdTIFMENT GROUNDS & r1LTER EZUIP BLDG POMP SIATI SEDP SUPPLIES Check Total: NEW 'IR= 45 Check Total: TRAVEL/AM= /==N Check Total: SHOP SUPPLIES SRJP SUPPLIES SHOP SUPPLIES LABORATORY SUPPLIES LABORATORY SUPPLIES Check Total: A dint Check # Type 60.75 60.75 00060612 Ma 225.75 225.75 00060613 MAI 285.90 181.62 467.52 00060614 MW 912.91 524.20 151.72 208.59 127.75 116.74 49.03 2,090.94 00060615 M✓I 105,946.23 105,946.23 00060459 MAI 51.03 51.03 102.06 00060616 MAT 21.00 21.00 338.17 248.70 220.83 220.83 1,070.53 00060617 MST South Tahoe P.U.D. 07/19/05 PAYMENT O F CLAIMS R E P O R T 07/08 2005 - 07/21/2005 Ppa�ge 25 TUE, JUL 19, 2005, 3:47 FM --reel: III, -- -leg: GL 3L- -lcc: CNS1'1E - -- -jab: 342191 #J064--- -prcg: 09 <1.07 >-- report id: CKRE s Default Selection: Check Stock ID: AP ; Check Types: NW,HV,RV,VH Verrbr Nara Account # Eepartmezt Iescripticn Amcmt Check # Type ZYNAX ENVIRDIBaNCLOGY 20 -07 -6110 Imo' M1NTI tt1 ]NS Ch Total t al : 6, 502.50 00060618 NW Grand Total: 1,082,674.56 South Taho Public Utility District Kichard H. 5olbrig D/reccors Tom Comt~ Jamee R. Jones Mary Lou Mosbachsr Puane Wallace 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 NO. 14.a TO: Board of Directors FROM: Richard Solbrig, General Manager, Paul Sciuto, Assistant General Manager I Engineer MEETING DATE: July 21,2005 ITEM - PROJECT: Conference with Legal Counsel - Anticipated Litigation (one case) 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 I~"' BUDGETED ~ ;vlOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED~ION: GENERAL MANAGER: YES ~'/?- NO CHIEF FINANCIAL OFFICER: YES.'~.~ CATEGORY: South Tahoe Public Utility District General Manager Richard H. 9olbrig Directors Tom Jamee ~ Jone~ Mary Lou Mo~l~acher- Puane Wallace EHc ,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 14. b TO: Board of Directors FROM: Richard H. Solbrig/General Manager, Gary Kvistad/Legal Counsel MEETING DATE: July 21,2005 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: CO.CURRE.CE. W...EOUESTED GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES' NO NO CATEGORY: Sewer For ~ South Tahoe Public Utility District General Manager P. ichard H. ~olbrig Director5 Tom Comte Jamee I~. Jones Mary [ou Mosbacher Duane Wallace Eric 9chafer 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 21, 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 A~,T~N: GENERAL MANAGER: YES ,~,~ C.,EF F~.A.C,A' OmCER: ~ES.~ ~ I~lq~ ~ NO NO CATEGORY: Water South Tahoe Public Utility District General Manager ~lehard H. Solbrtg Directors Tom Comte James E. Jones Mar~ Lou Mo~baeher Duane Wallac~ 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.d TO: Board of Directors FROM: Richard H. Solbrig, General Manager MEETING DATE: July 21,2005 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