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AP 08-04-05SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, August 4, 2005 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Richard Solbri~, General Manager Eric W. Schafer, President James R. Jones, Director Paul Sciuto, Assistant Manager BOARD MEMBERS Duane Wallace, Vice President Mary Lou Mosbacher, Director Tom Comte, Director CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE m COMMENTS FROM THE AUDIENCE (Short non-agenda items that are within the subject matter jurisdiction of the District. Five-minute limit. No action will be taken.) 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 DISCUSSION w PRESENTATION a. Government Finance Officers Association Award of Excellence in Financial Reporting for Comprehensive Annual Financial Report for the Fiscal Year June 30, 2004 REGULAR BOARD MEETING AGENDA - AUGUST 4, 2005 PAGE - 2 7. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION Sierra Shores, Inc., Water Main Extension Project (Paul Sciuto, Lisa Coyner) Approve a Water Main Extension, Subject to Compliance with the District's Rules and Regulations and a Construction Agreement for the Relocation of a District Sewer Main and Installation of a Water Main Extension with Respect to a Residential Project being Constructed by Sierra Shores, Inc., with Final Terms Subject to Approval by Staff and Legal Counsel Payment of Claims Approve Payment in the Amount of $1,552,301.08 aw BOARD MEMBER STANDING COMMITTEE REPORTS Executive Committee (Schafer / Wallace) Finance Committee (VVallace / Schafer) Water & Wastewater Operations Committee (Jones / Comte) Planning Committee (Mosbacher / Schafer) 9. BOARD MEMBER REPORTS 10. EL DORADO COUNTY WATER AGENCY REPRESENTATIVE REPORT 11. 12. 13. GENERAL MANAGER REPORTS a. El Dorado County Water Agency Reorganization Committee b. Well Testing Update c. Reorganization Follow-up d. SBC Force Main Claim STAFF REPORTS NOTICE OF PAST AND FUTURE MEETINGS I EVENTS Past Meetings I Events 07~28~05- Special Board Meeting 08/01/05 -Water and Wastewater Operations Committee Meeting Future Meetings I Events 08/09/05 - 9:30 a.m. - Basin Executives Meeting at No. Shore Conference Center 08/10/05 - 9:00 a.m. - El Dorado County Water Agency Meeting in Shingle Springs 08/15/05 - 4:00 p.m. - Operations Committee Meeting at District Office 08/16/05 - 9:00 a.m. - Alpine County Supervisors Regular Meeting in Markleeville 08/16/05 - 9:00 a.m. - City of SLT Council Meeting at City Council Chambers 08/18/05 -2:00 p.m. - STPUD Regular Board Meeting at City Council Chambers REGULAR BOARD MEETING AGENDA - AUGUST 4, 2005, PAGE - 3 14. CLOSED SESSION 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 Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel- Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant 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 18, 2005, 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the meeting and at the Distdct office dudng the hours of 8:00 a.m. - 5:00 p.m., Monday through Fdday. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public Hearings will not be called to order prior to the time specified. Public participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard; comments should be brief and directed to the specifics of the item being considered. Comments on items not on the agenda can be heard dudng "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 I I CONSENT CALENDAR AUGUST 4, 2005 REQUESTED ACTION Unpaid Assessments (Sandy Gray) Adopt Resolution No. 2803-05, Authorizing Delinquent Accounts be Added to the 2005/06 El Dorado County Tax Assessor's Roll bo Bayview and South Upper Truckee Well No. 3 Control Buildings Design (Ivo Bergsohn) Authorize Increase to Purchase Order No. P16097 in the Amount of $43,195 for Work Items Added to the Bayview and South Upper Truckee Well No. 3 Control Buildings Design Project Sodium Hypochlorite Storage and Distribution Facility (Jim Hoggatt) (1) Approve the Project Closeout Agreement and Release of Claims; and (2) Authorize Staff to File a Notice of Completion with El Dorado County Clerk do Regular Board Meeting Minutes: July 7, 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 Richard H. Solbrig DiFec~ors Tom Comte James R.. gone~ Mary Leu Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive, South Lake Tahoe · CA 96150-7401 Phone 530 544-6474, Fax 530 541-0614, www. stpud.us BOARD AGENDA ITEM NO. 4.a TO: FROM: MEETING DATE: Board of Directors Sandy Gray, Customer Service Supervisor August 4, 2005 ITEM - PROJECT NAME: Unpaid Assessments REQUESTED BOARD ACTION: Adopt Resolution No. 2803-05, authorizing delinquent accounts be added to the 2005/06 El Dorado County Tax Assessor's Roll. DISCUSSION: Exhibit A is a list of the delinquent accounts (sewer and/or water and/or street lighting) to be added to the 2005/06 El Dorado County Tax Assessor's Roll as provided by Resolution No. 2803-05. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Resolution No. 2803-05, Exhibit A CONCURRENCE WITH REQUESTED A,~.,0~ GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES '~ ~ ~/tl~- NO NO CATEGORY: Water & Sewer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O RESOLUTION NO. 2803-05 A RESOLUTION OF SOUTH TAHOE PUBLIC UTILITY DISTRICT ADDING TO AND MAKING A PART OF THE ANNUAL ASSESSMENT LEVIED UPON THE LAND WHICH SEWER SERVICE AND/OR WATER SERVICE AND/OR STREET LIGHTING WAS USED AND CHARGES THEREFORE UNPAID AT THE TIME OF FIXING THE RATE OF TAXES FOR THE 2005-2006 FISCAL YEAR BE IT RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: 1. It is hereby declared that at the time of fixing the rate of taxes for said fiscal year, 2005-2006 by the South Tahoe Public Utility District, Sewer Service and/or Water service and/or Street Lighting was furnished to, and used on certain parcels of land upon which the annual assessment is, by this said Resolution levied and charges thereof unpaid as of the time the rate of taxes for said fiscal year was fixed, the El Dorado County Assessor's Parcel Number, and the unpaid charges at the time this said rate of taxes are set forth in full. It is further declared said certain parcels of land are owned, controlled or were in the possession of it during the time such service charges were incurred, or if transfers were made of property since the date such charges were incurred, such transfers have been made by gift, descent, or devise. 2. It is further declared that said unpaid charges set forth in Exhibit "A" are added to and made a part of the annual assessment levied upon said certain parcels of land therein referred to and shall become a lien upon said parcels of land. PASSED AND ADOPTED at a duly held Regular Meeting of the Board of Directors of the South Tahoe Public Utility District on the 4th day of August, 2005, by the following vote: AYES: NOES: ABSENT: ATTEST: Eric W. Schafer, Board President South Tahoe Public Utility District Kathy Sharp, Clerk of the Board and Ex-officio Secretary to the Board of Directors -1- PAGE 1 OF 3 DATE 08-04-2005 STPUD RESOLUTION Special Assessment Name SOUTH TAHOE PUBLIC UTILITY DISTRICT District Name Assessor's Parcel Number (10 digits 000-000-00-00 Amount 018-210-07-00 021-331-05-00 022-171-44-00 022-241-11-00 022-271-08-00 022-421-42-00 022-421-56-00 023-161-22-00 023-231-06-00 023-271-21-00 023-321-20-00 023-351-04-00 023-362-19-00 023-471-18-00 023-554-02-00 023-571-17-00 023-652-01-00 023-653-25-00 023-654-17-00 023-661-28-00 023-672-15-00 023-771-07-00 023-772-03-00 023-772-09-00 023-784-01-00 025-541-06-00 20660 Spec Asmt Code (none less than 1.00) $ 314.98 314.98 416.52 314.98 310.58 309.96 811.70 1,259.96 1,386.54 540.82 2,366.52 512.28 600.06 580.62 305.54 310.56 405.60 308.88 311.12 314.98 480.78 312.32 311.12 465.86 308.64 601.36 PAGE 2 OF 3 DATE 08-04-2005 PAGE 1 OF 3 DATE 08-04-2005 STPUD RESOLUTION Special Assessment Name SOUTH TAHOE PUBLIC UTILITY DISTRICT District Name Assessor's Parcel Number (10 digits 000-000-00-00 Amount 018-210-07-00 021-331-05-00 022-171-44-00 022-241-11-00 022-271-08-00 022-421-42-00 022-421-56-00 023-161-22-00 023-231-06-00 023-271-21-00 023-321-20-00 023-351-04-00 023-362-19-00 023-471-18-00 023-554-02-00 023-571-17-00 023-652-01-00 023-653-25-00 023-654-17-00 023-661-28-00 023-672-15-00 023-771-07-00 023-772-03-00 023-772-09-00 023-784-01-00 025-541-06-00 20660 Spec Asmt Code than 1.00) $ 314.98 314.98 416.52 314.98 310.58 309.96 811.70 1,259.96 1,386.54 540.82 2,366.52 512.28 600.06 580.62 305.54 310.56 405.60 308.88 311.12 314.98 480.78 312.32 311.12 465.86 308.64 601.36 (none less PAGE 2 OF 3 STPUD RESOLUTION Special Assessment Name SOUTH TAHOE PUBLIC UTILITY DISTRICT District Name Assessor's Parcel Number (10 digits 000-000-00-00 Amount 025-901-12-00 026-094-37-00 027-075-16-00 0.27-113-24-00 027-225-09-00 027-234-07-00 027-421-01-00 027-653-08-00 027-461-07-00 029-034-03-00 029-034-11-00 029-061-08-00 029-095-06-00 029-095-16-00 029-381-29-00 029-404-06-00 030-421-01-00 031-204-12-00 031-226-02-00 031-226-10-00 031-281-13-00 032-141-12-00 032-142-06-00 032-142-17-00 032-152-01-00 032-201-09-00 (2 accts) 032-221-06-00 032-252-05-00 032-291-01-00 032-291-19-00 032-371-03-00 032-371-09-00 032-371-13-00 032-371-28-00 DATE 08-04-2005 20660 Spec Asmt Code (none less than 1.00) $ 604.68 685.68 980.92 743.66 685.68 551.36 244.02 232.92 232.92 1,553.10 314.98 2,888.08 13,286.42 314.98 1,877.46 1,140.72 762.82 685.68 411.04 1,187.32 1,343.30 7,295.32 4,077.12 594.28 489.62 3,101.54 512.28 551.92 509.94 382.46 405.60 270.16 655.58 232.92 PAGE 3 OF 3 DATE 08-04-2005 STPUD RESOLUTION Special Assessment Name 20660 Spec Asmt Code SOUTH TAHOE PUBLIC UTILITY DISTRICT District Name Assessor's Parcel Number (10 digits 000-000-00-00 Amount (none less than 1.00) 033-090-13-00 033-151-07-00 033-180-30-00 033-472-17-00 034-172-02-00 034-252-09-00 034-253-10-00 034-321-21-00 034-692-15-00 035-231-07-00 035-233-33-00 036-401-11-00 036-462-06-00 405.60 304.62 232.92 544.22 973.88 685.68 631.98 763.64 702.84 627.32 693.66 326.12 402.60 TOTAL PARCEL COUNT 72 GRAND TOTAL $71,578.82 (All amounts should be divisible by two) South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 Contact Person Sandy Gray Authorized Signature 530-544-6474 EXT. 225 Telephone Number FY 2005/06 ANNUAL CERTIFICATION OF DIRECT CHARGE · As agreed by South Tahoe Public Utility District, hereinafter referred to as "District", and E1 Dorado County_, hereinafter referred to as "County", in paragraph 12 of the "Agreement for Collection of Special Taxes, Fees, Assessments", the District hereby certifies that the special taxes, fees, or assessments listed below, to be placed on the County's Secured Property Tax bills by the District, meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the State Constitution. The District agrees to defend, indemnify and hold harmless the County, the Board of Supervisors, the Auditor-Controller, its officers and employees, from litigation over whether the requirements of Proposition 218 were met with respect to such special taxes, fees, or assessments. If any judgment is entered against any indemnified party as a result of not meeting the requirements of ProPosition 218 for such special taxes, fees, or assessments, the District agrees that the County may offset any judgment paid by an indemnified party from any monies collected by the County on the behalf of the District, including property taxes, special taxes, fees, or assessments. CITY COLrNCIL/BOARD OF DIRECTORS/SCHOOL BOARD DATE FY 2005/06 Special Taxes, Fees, or Assessments to be Placed on the Secured Property Tax Bills: TAX CLASS 660 DESCRIPTION Sewer service, water service, and/or street lighting 218 ANNUAL CERTIFICA TION FORM- REVISED 4-19-14.DOC, REVISED 4/19/04 South Taho Public Utility District General Manager F. icha~d H. ~olbrlg D/~-ec~or$ Tom Cornt,~ James R. Jones Mar'3/Lou Mosbacher [:)uane 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 AGENDAITEM4. b TO: Board of Directors FROM: Ivo Bergsohn, Hydro-Geologist MEETING DATE: August 4, 2005 ITEM - PROJECT NAME: Bayview and South Upper Truckee Well No. 3 Control Buildings Design REQUESTED BOARD ACTION: Authorize increase to Purchase Order No. P16097 in the amount of $43,195 for work items added to the Bayview and South Upper Truckee Well No. 3 Control Buildings Design project. DISCUSSION: Extra work items have been added to the subject project. These include: (1) The design and instrumentation of a flow meter at the Cornelian Booster Station; and (2) Architectural, mechanical and electrical design changes to the Bayview Well Control Buildings facility. Changes in the Bayview design are required to increase the site power from a 460v to 4160v service in order to properly utilize a 500 horsepower submersible pump/motor capable of producing 3,600 gallon per minute (gpm) from the site. These design changes were identified after the 50% design had been completed, as design alternatives using the lower power service were found to be unsatisfactory. The purchase order increase represents a 19% increase to the current Boyle Engineering Corporation contract ceiling amount. Staff believes that this increase is minor in light of the added drinking water production gained by revising the current facilities design. Staff recommends the Board approve the increase. Original Contract: Contract InCrease No. 1: New Contract Total: $225,587 $43,195 $268,782 SCHEDULE: N/A COSTS: $43,195 ACCOUNT NO: 2029-8574/BAYWEL, 2029-8463/RWSUTR BUDGETED AMOUNT REMAINING: ATTACHMENTS: Boyle Engineering Corporation - Project Budgets for Extra Work Items CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES*'*~ NO NO CATEGORY: Water Project Budget Bayview Well Building Extra Work Items South Tahoe PUD Task Description Personnel Hours Budget YA el i A �'. to �, i 1 / M may o Ft es Non -Labor Cost 100 - Cornellan Booster Pump Station 1 4 4 9 S 820 S 50 $ 870 Civil/mechanical design for vault Electrical for meter 4 4 8 8 984 S 50 $ 1,034 Instrumentation for meter 2 4 6 12 8 1,386 8 200 $ 1 Subtotal 200 - Piping & Pitiess Adapter Chances for 3.600 awn 7 1 4 10 12 8 12 - - - - 29 25 S 3,190 S 2,124 S 300 S 150 ,586 S 3,490 $ 2,274 Upsiaogpiping to 18• diameter Changes to pills= adapter fr 3,600 -win 1 12 8 21 $ 1,812 3 100 S 1,912 Cost estimate changes 6 3 9 $ 705 $ 50 $ 755 Subtotal 2 . - 30 20 3 - - - SS S 4,641 S 300 S 4,941 Total 9 4 40 _ 28 3 _ - - - 84 $ 7,831 _ S 600 $ 8,431 7/25/2005 e� $/HR Principal Engine 3168.00 Sailor Engineer II 3135.00 Ant Engineer ll 885.00 Designer 878.00 Technical Typist 365.00 Architect 3165.00 Architat/Structural 3125.00 Architect/Drafter 366.00 Page 1 of 1 Boyle Engineering Corporellon Project Budget Well Building at Bayview Medium - Voltage Design, Extra Work Revised 7/25/05 South Tahoe PUD FR824001017/20/2006 Bariew - madvalt 7.26- 06.4a Paso 1d2 Boyle Enphaadna Carpantbn Personnel Hours Budget Task Description II w o. P. a r. i 1 A Frechnical Typist ii z I T i 1 A 1 i A A 4 Non -Labor Cost . 100 - Additional Work for Electrical Alternatives Evaluation 16 1 17 $ 2,766 S 400 $ 3,166 Electrical alternatives for medimuwltap motor in lieu of 460-v motor Inplemectation oflow- voltage alternative with stem tranaforner 8 2 _ 10 $ 1,500 S 1,500 Subtotal 200 - Coording0.11Wonfersnce Calls 24 2 - - 3 - - - - 27 2 5 4,266 5 336 S 400 S 4,666 $ 336 Coordination with utility and service request Subtotal 900 - 90% Plans and Sneclflcatlons 2 24 - - 8 - 36 - - - - 2 68 S 336 $ 7,520 S - $ 180 S 336 $ 7,700 Drawings for medimo-voltaseelot tied Technical epecifioatiom for mediem -voltageelectrical 16 4 4 24 $ 3,488 S 60 $ 3,548 Estimate ofptobable conatruodon out for medium -voltage Mootdani 6 2 2 10 $ 1,408 $ 21 S 1,429 QulitY cones reviews 5 1 6 $ 905 $ 12 S 917 Subtotal 400 - Bid Documents 51 8 6 2 8 36 8 7 - - - 108 18 5 13,321 S 2,238 8 273 $ 13,594 S 2,238 Incorporate comments into P8k8 for toed n •voltage electrical Subtotal 300 -Construction Phase 8 2 2 1 - 8 - - - - r 18 3 S 2,238 5 471 3 - $ 2,238 S 471 Ratpond to additional questions Respond to additional RPh 6 2 8 3 1,278 $ 1,278 Review additional shop dtawingt 16 2 18 $ 2,958 $ 2,958 Field observation, additional ■ � r $ _ S - Subtotal 600 - Additional Work for Design of Shelter for 24 3 S r - 4 - 1 - 2 - 16 - 4 - 16 � 29 � 46 $ 4,707 5 5,248 S - $ 200 $ 4,707 3 5,448 Medium- Voltaue Eauloment and Transformer Arobiteohual delta of shelter Straotual design of ebdter 3 4 1 2 3 12 8, 33 9 3,575 3 200 S 3,775 Subtotal 6 - 8 2 4 r 19 16 24 79 $ 8,823 8 400 $ 9,223 Total 115 13 16 49 11 _ 19 16 � 24 263 $ 33,691_ 8 1,073 1 S 34,764 FR824001017/20/2006 Bariew - madvalt 7.26- 06.4a Paso 1d2 Boyle Enphaadna Carpantbn Project Budget Well Building at Bayview Medium Voltage Design, Extra Work Revised 7/25/05 South Tahoe PUD Task Description Personnel Hours Budget w t 'Senior Engineer II a H H i 1 ; Et a a Non -Labor Cost FRS24001017t 22005 Buggies • m.dvdt 7,2605nis personnel Category WM Principal Engineer 3168.00 Seder Engineer II 3133.00 Asst Engineer II 385.00 Designer 378.00 Technical Typist 365.00 Architect 3165.00 Ard itoct/StrucAcal 3125.00 Architect /Drafter $66.00 Peal 2 o12 Boyle Enameling CorpomVm South Tahoe Public Utility District General Manager Richard H. Solbrig Tom Comte James I~ Jones Mary Lou Mosbacher Ouane Wallace Eric 5chafer 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614, www. stpud.us August 4, 2005 ! HEREBY CERTIFY on August 4, 2005, before me, the undersigned Clerk of the Board of Directors of the South Tahoe Public Utility District, personally appeared Eric Schafer, Board President, known to me to be the person whose name subscribed to the within instrument and acknowledge that he executed the same. WTI'NESS my hand and official seal. Kathy Sharp, 'Clerk of the Board South Tahoe Public Utility District General Manager I~lchand H. 5olbrlg 1275 Meadow Crest Drive · South Lake Tahoe · CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM 4.c TO: Board of Directors FROM: Jim Hoggatt, Engineering Department Manager MEETING DATE: August 4, 2005 ITEM - PROJECT NAME: Sodium Hypochlorite Storage and Distribution Facility REQUESTED BOARD ACTION (1) Approve the Project Closeout Agreement and Release of Claims; and (2) Authorize staff to file Notice of Completion with El Dorado County Clerk. DISCUSSION: Staff has performed a final inspection on the Sodium Hypochlorite Storage & Distribution Facility project and found that KG Walters Construction Co. Inc., has met the project plans and specifications. Staff recommends approval the project Closeout Agreement and Release of Claims, and filing of a Notice of Completion with the El Dorado County Clerk. SCHEDULE: As soon as possible COSTS: None ACCOUNT NO: NA BUDGETED AMOUNT REMAINING: NA ATTACHMENTS: Project Closeout and Release of Claims and Notice of Completion CONCURRENCE WITH REQUESTED A~._~ GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES-"~J~J~.,,- ~/[(_..- NO NO CATEGORY:Sewer CLOSEOUT AGREEHENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS (Agreement) is made in South Lake Tahoe, California, this 4th day of August 2005, by and between South Tahoe Public Utility District, (DISTRICT), and K.G. Walters Construction Co., Inc., (CONTRACTOR). KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned, as the authorized representative of CONTRACTOR, and for each of its successors, assigns and partners, for and in consideration of One Million One Hundred Eighty-Five Thousand, Six Hundred Eleven Dollars and Zero Cents ($1,185,611.00), the original Contract amount, and the sum of One Hundred Sixty-Nine Thousand Two Hundred Ten Dollars and Fifty-one Cents ($169,210.5I) for Contract Change Orders Nos. 1 and 2, receipt of which is acknowledged, does release and forever discharge the DISTRICT, and each of its successors, assigns, directors, officers, agents, servants, volunteers and employees, from any and all rights, claims, causes of action, demands, debts, obligations, liabilities, actions, damages, costs and expenses (including but not limited to attorneys', paralegal and experts' fees, costs and expenses) and other claims, which may be asserted against DISTRICT by reason of any matter or thing which was the subject matter of or basis for: A. The performance of all terms and conditions of that certain agreement dated 3une 28, 2004 for Purchase Order No. P15237, DISTRICT project described as Sodium Hypochlorite Storage and Distribution Facility Project. Change Orders Nos. i and 2, as approved by the parties, pertaining to Purchase Order No. P15237 and shown in Payment Request No. 8, dated August 4, 2005. Nothing contained in this Agreement shall waive or alter the rights, privileges, and powers of the DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety(les) in respect to any portions of the Contract Documents for Purchase Order No. P15237. 3. The District has received no claims from the Contractor. Upon execution of this Agreement, the DISTRICT agrees to promptly record a NOTICE OF COMPLETION with the El Dorado County Recorder. The current retention amount is: Original Contract amount: Total Change Order Amount: Less: Amount Previously Paid (Request Nos. 1 through 8) Retainage BALANCE: $ 67,741.08 $1,185,611.00 $ 169,210.51 $(1,287,080.43) $(67,741.08) The retainage will be released to the CONTRACTOR at the expiration of thirty-five (35) calendar days after date of recording a NOTICE OF COMPLETION by El Dorado County Recorder or when all stop notices have been released, whichever last occurs. The release provided pursuant to this Agreement shall not apply to CONTRACTOR'S right to the retention amount until and to the extent such amounts are received by CONTRACTOR. CONTRACTOR and DISTRICT agree that the total adjusted Contract price and time of performance for Purchase Order No. P15237, after the execution of change orders, is as follows: Original Contract Price: Projected Completion Date: Adjusted Contract Price: Adjusted Calendar Days $1,185,611.00 11/30/04 $1,354,821.51 5/02/05 It is understood and agreed by Contractor that the facts with respect to which the release provided pursuant to this Agreement is given may turn out to be other than or different from the facts as now known or believed to be, and Contractor expressly assumes the risk of the facts turning out to be different than they now appear, and agrees that the release provided pursuant to this Agreement shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts and Contractor expressly waives any and all rights it has or may have under California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." The release made by the CONTRACTOR is not to be construed as an admission or admissions of liability and the Contractor-denies any such liability. Contractor agrees that it will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the District based on, arising out of, or in any way connected with the subject matter of this release. The CONTRACTOR releases the DISTRICT from all claims, including but not limited to those of its Subcontractors for all delay and impact costs, if any. 10. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, -warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims and the CONTRACTOR agrees to 2 indemnify and hold harmless the DISTRICT, its successors, assigns, directors, officers, agents, servants, volunteers and employees, from and against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims, including but not limited to attorneys', paralegal and experts, fees, costs and expenses arising out of or connected with any such assignment or transfer or purported assignment or transfer. 11. The parties acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Agreement. The parties acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained in this Agreement. 12. The parties further acknowledge and represent that no promise, inducement or agreement, not expressed in this Agreement, have been made and that this Agreement contains the entire agreement among the parties and that the terms of the Agreement are contractual and not a mere recital. 13. The persons executing this Agreement represent and warrant to the other party that the execution and performance of the terms of this Agreement have been duly authorized by all corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter into this Agreement. SOUTH TAHOE PUBLt*C UTI'L1'TY D]'STRI'CT RICHARD H. SOLBRIG GENERAL MANAGER BOARD APPROVAL DATE A'I-fEST: KATHY SHARP, CLERK OF BOARD K.G. WALTERS CONSTRUCT[ON CO., INC. DATED (Name and Title) DATED Recording Requested By: Heidi Donovan SOUTH TAHOE PUBLIC UTILITY DISTRICT And When Recorded, Mail To: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 . SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) NOTICE OF COMPLETION SODIUM HYPOCHLORITE STORAGE AND DISTRIBUTION FACILITY PROJECT NOTICE OF COMPLETION ' Notice Notice 1. The 2. The · 3. The 4. The pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Compiete requirements.) is hereby given that: undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: full name of the owner is SOUTH TAHOE PUBLIC UTTLTTY DT.STI~TCT full address of the owner is 1275 Meadow Crest Drive South' Lake Tahoe, CA 96150 nature of the interest or estate of the owner is; In fee. (If other than fee, strike "IA fee" and insert, for example, "purchaser under contract of purchase," or "lessee") The full names and full addresses of all persons, if any, who 'h~ld'title with thee undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on Sodium Hypochlorite Storage: and Distribution Facility 7. The name of the contractor, if any, for such work of improvemtnt was K.G. Walters ConstriJct~°n Co._. Inc. June 28, 2004 (If no contractor for Work' of impro'fement as a whole, insert "none".) (Date of Contract) The property on which said work of improvement was' completed is in the city of South Lake Tahoe The work done was: County of 'El Dorado State of California, and is described as follows: construct open-air steel frame bldg. to. contain three 7,500 gal. HDPE tanks, 2 metering pumps, chemical transfer pump, electrical and pump rooms, sodi u][[ hylJu~hl~ur i Lo. 9. The street address of said property is Dated: August 4, '2005 Verification for Individual Owner and all associated piping accessories to store and distribute 1275 Meadow Crest Drive', South Lake Tahoe, CA 96150 (If no street address has been officially assigned, insert "none".) ERIC Signature of owner or corporate officer of owner named in paragraph 2 or his agent SCHAFER, Board President VERIFICATION I,.the undersigned, say: I am the Board Pres i dent the declarant of the foregoing ("President of", "Manager of", "k partner of", "Owner of", etc.) notice of completion; I have read said- notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on Auqust 4~ 2005 ,19 ..at South Lake Tahoe, , California. (Date of signature.) (City where signed.) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) ERTC SCHAFER, Board President NOTICE OF' COMPLt'TION--WOLCCTTS FORM I I 14--R£v, S pt. type or larger Consent Item SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Solbri~h General Mana~ler Eric W. $chafer, President BOARD MEMBERS Paul Sciuto, Assistant Manager Duane Wallace, Vice President James R. Jones, Director ill I I II I I Mary Lou Mosbacher, Director I II II IIII Tom Comte, Director III I I II II REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JULY 7, 2005 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, July 7, 2005, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, CA. BOARD OF DIRECTORS: President Schafer; Directors Jones, Wallace, Comte, Mosbacher. ROLL CALL STAFF: Solbrig, Sharp, McFarlane, Sciuto, Cocking, Brown, Frye, R. Johnson, Swain, Bird, Hoggatt, Hydrick, Attorney Kvistad. Rick Hydrick, Manager of Field Operations, announced his resignation. His last day of work will be July 29, 2005. Board members thanked him for his years of service. COMMENTS FROM THE AUDIENCE An additional agenda item was received subsequent to the regular Board meeting agenda being posted. Due to the short duration of the construction season, it must be added for immediate discussion. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Moved Mosbacher / Second Comte / Passed Unanimously to add the 2005 Johnson Boulevard Waterline item to the agenda as Action Item e. Staff requested Consent Item e. (SpectraLink Wireless Telephone System) be brought forward for discussion pdor to Board action. REGULAR BOARD MEETING MINUTES - JULY 7, 2005 PAGE - 2 Moved Jones / Second Wallace / Passed Unanimously to approve the Consent Calendar as amended: CONSENT CALENDAR Sewer Mainline Camera Replacement - (1) Waived bidding procedures, as outlined in the Purchasing Policy, for standardized equipment requiring compatibility with existing equipment and to be purchased from the existing supplier; and (2) Approved purchase of a new sewer mainline camera from CUES, Inc., in the amount of $31,499.66; Bayview Well Controls Building Facility- Authorized staff to advertise for bids for construction of the District's proposed well controls building facility at 701 San Francisco Avenue, South Lake Tahoe, CA Sales Tax Revenue Amendment Ordinance - Enacted Ordinance No. 493-05 amending Ordinance and Administrative Code Section 2.6.2, to reflect the current local sales tax rate of one and one-half percent; Purchase of Computers for Fiscal Year - Authorized purchase of budgeted computers in an amount not to exceed $83,000 (including tax); e. See Consent Items Brought Forward; Sodium Hypochlorite Storage and Distribution Facility - Approved Change Order No. 2 for K.G. Walters Construction in the amount of $138,533.30; g. Lease Agreement for Tahoe Paradise Building B - Authorized execution of revised Facilities Use Agreement with El Dorado County Search and Rescue for 1834 Santa Fe Road, Building B, Tahoe Paradise, CA, once the terms are acceptable to staff; Annual Software Support Costs for Utility Billing Software - Approved payment to Springbrook Software, Inc., for software support in the amount of $15,458.42; Annual Software Support Costs for Financial / Payroll Software - Approved payment to Sungard Bi-Tech, Inc., in the amount of $16,308.87; REGULAR BOARD MEETING MINUTES - JULY 7, 2005 PAGE - 3 Customer Service, Operations and Laboratory Facility - Approved authorization agreement and payment to Sierra Pacific Power Company for underground power on Meadow Crest Drive in the amount of $22,884.00; CONSENT CALENDAR (continued) Customer Service, Operations and Laboratory Facility - Approved payment to the City of South Lake Tahoe for plan review and inspection services in the amount of $47,376.38. CONSENT iTEMS BROUGHT FORWARD FOR DISCUSSION / ACTION Carol Swain explained that CMAS (or some other type of state government contract) pricing would be pursued which would provide lower pricing than going through a private company to purchase the system. In addition to the lower pricing, the state goes through a formal bid process for all items covered by these contracts which precludes the necessity for individual state agencies to have to do the bid process. SPECTRALINK WIRELESS TELEPHONE SYSTEM (Consent Item e.) Purchasing this system will enable operators to pick up messages from the new SCADA alarm system, and will also promote safety for operators, especially those working the night shift. Having a wireless system would enable them to always be in contact with each other, and to be able to answer and make calls without having to interrupt their plant duties. Moved Mosbacher / Second Comte I Passed Unanimously to authorize purchase of wireless phone system from Mitel Communications, Inc., in an amount not to exceed $20,000. In the event that Mitel cannot produce government pricing, other vendor options will be pursued. ITEMS FOR BOARD ACTION Staff has considered the request from Alpine Fire Safe Council to move their burn pile onto District- owned property. Staff recommended that the Board deny the request due the constraints it would place on future District operations. In the event other requests to use the District's property are received, staff recommended that they be denied as well. REQUEST RECEIVED FROM ALPINE FIRE SAFE COUNCIL TO RELOCATE BURN PILE TO DISTRICT PROPERTY Moved Jones / Second Comte / Passed Unanimously to deny request to relocate burn pile to District property. REGULAR BOARD MEETING MINUTES - JULY 7, 2005 PAGE - 4 The District negotiated a settlement with Cox & Cox Construction concerning completion of the B-line Phase 3. As part of the settlement, the District is taking over responsibility for the project and has negotiated an assignment of three subcontracts. The contract must be modified to account for the change in the scope of work and the associated costs to perform the work. The contact will also be adjusted with respect to prior quantities based on estimated versus actual amounts. B-LINE PHASE 3: EXPORT PIPE- LINE REPLACEMENT PROJECT Moved Comte / Second Jones / Passed Unanimously to: (1) Approve assignment of the B-line construction contract from Cox & Cox Construction, Inc., to Don Garcia Excavating and Paving, Inc., (2) Approve assign- ment of Cox & Cox's subcontracts with Kelley Erosion Control, Inc., R. E. McCollum, Inc., Ed Cook Tree Service, LLC, to Don Garcia Excavating and Paving, Inc., and (3) Approve Change Order No. 8 in the amount of $723,114.84, and Change Order No. 9 in the amount of $563,065.35 (bringing the new contract total to $7,885,902.74). Moved Comte / Second Wallace / Passed Unanimously to approve payment in the amount of $3,232,554.06. PAYMENT OF CLAIMS (This addendum was added to the agenda by a unanimous vote at the beginning of the Board meeting.) 2005 JOHNSON BOULEVARD WATERLINE Jim Hoggatt reported two bids were received for this project at the July 6 bid opening. Moved Jones / Second Comte / Passed Unanimously to award bid to the lowest responsive, responsible bidder, White Rock Construction, Inc., in the amount of $672,450.15. Water and Wastewater Operations Committee: The committee met July 5. Minutes of the meeting are available upon request. BOARD MEMBER STANDING COMMITTEE REPORTS Director Mosbacher reported on the following items: Our customer service department received a compliment for providing excellent service; the grease trap at Kentucky Fried Chicken is twice the size required; the fishing is great at Indian Creek Reservoir, a project is starting near the bddge at Grass Lake Creek; since Dennis Crabb is applying for a seat on the El Dorado County Board of Supervisors, Bob Henderson will act BOARD MEMBER REPORTS REGULAR BOARD MEETING MINUTES - JULY ?, 2005 PAGE - 5 as interim legal counsel for Alpine County; a full EIR will be done on the development proposed in Markleeville; and she discussed the District's operations in Alpine County with Dan Lungren. BOARD MEMBER REPORTS (continued) Director Comte reported the El Dorado County Recorders office in South Lake Tahoe will accept nominations for Board candidates. Director Jones reported the Energy Bill was passed by the House, including the language that will provide a safe harbor for polluters. The Senate will consider the bill next. He also reported on conflicting MTBE contamination cleanup costs. Director Wallace reported relicensing for SMUD was going very well. He also reported on the history of the governance of the County Water Agency, and relayed that ElD wants to assume the District's seat on the board (that is also shared with Tahoe City PUD). Such a move would leave the east slope with no purveyor representation. The District and Tahoe City PUD will oppose this. EL DORADO COUNTY WATER AGENCY PURVEYORS REPORT General Manager: Richard Solbrig reported on three items: 1) He wrote a letter to TRPA suggesting the District's Future Connections Plan be done in conjunction with Pathway 2007. 2) He reported on flows to the plant over the July 4th holiday period. The plant has plenty of capacity and flows are not increasing year-to-year. 3) The court postponed the Diamond Valley ranch trail by two weeks. It will now begin August 10. GENERAL MANAGER REPORTS 3:25 - 3:35 P.M. MEETING BREAK 3:35 P.M. ADJOURNED TO CLOSED SESSION 5:05 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) REGULAR BOARD MEETING MINUTES - JULY 7, 2005 No reportable Board action. No reportable Board action. No reportable Board action. 5:05 P.M. PAGE-6 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 Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel - Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant 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. 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 Richard H. Solbrlg DIFecCof$ Tom Comt,~ James I~ Jones Mary Lou Mosbacher Duane Wallace Eric 5chafer 1275 Meadow Crest Drive · South Lake Tahoe · CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM NO. 7.a TO: Board of Directors FROM: Paul Sciuto, Assistant General Managed Engineer Lisa Coyner, Customer Service Manager MEETING DATE: August 4, 2005 ITEM - PROJECT NAME: Sierra Shores, Inc., Water Main Extension Project REQUESTED BOARD ACTION: Approve a water main extension, subject to compliance with the District's rules and regulations and a construction agreement for the relocation of a District sewer main and installation of a water main extension with respect to a residential project being constructed by Sierra Shores, Inc. (Sierra Shores), with final terms subject to approval by staff and legal counsel. DISCUSSION: Sierra Shores is developing a residential project at Takela and Lake Tahoe Blvd., South Lake Tahoe, California. On September 16, 2004, the Board approved a sewer main construction agreement with respect to Sierra Shores' relocation of a portion of a District sewer main to avoid interference with the new residences being constructed. Sierra Shores has not yet finalized the sewer main construction agreement with the District. In the meantime, Sierra Shores originally planned to install a water service lateral across Highway 50 to provide water service to the project. Subsequently, due to construction complexities and costs, Sierra Shores decided to install a water main extension on the same side of Lake Tahoe Blvd. from an existing District water main located to the west of the project. Sierra Shores commenced construction of the water main extension without proper notification to the District and without applying for a water main extension in accordance with the District's rules and regulations After learning of Sierra Shores' changed plans, as an accommodation, the District allowed Sierra Shores to complete construction of the main extension, which the District was able to inspect, subject to complying with the District's rules and regulations for main extensions. The purpose of this item is to approve: (1) the water main extension constructed by Sierra Shores subject to compliance with the District's main extension procedures; and, (2) modify the sewer main construction agreement to include the construction of the water main extension. A copy of the modified construction agreement is attached to this agenda item. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Modified Construction Agreement CONCURRENCE WITH REQUESTED ACTION: CHIEF FINANCIAL OFFICER: YES~ F~/~ NO CATEGORY: Sewer CONSTRUCTION AGREEMENT This Construction Agreement (Agreement) is made by and between the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public Utility District Act (District), and Sierra Shores, Inc., a Nevada corporation (Sierra Shores) on this __day of August 2005, at South Lake Tahoe, California, with reference to the following facts and intentions: A. The District owns and operates a domestic water distribution system and a wastewater collection and treatment system for the beneficial use of the District and its customers located within the City of South Lake Tahoe and certain portions of the County of E1 Dorado, California; B. Sierra Shores owns certain real property located in the City of South Lake Tahoe, County of E1 Dorado, State of California, commonly known as Assessor Parcel No. 27-010-221, which is more particularly described in Exhibit A, attached hereto and incorporated by this reference (Parcel 1); C. California Tahoe Conservancy (CTC) is the owner of certain real properties located in the City of South Lake Tahoe, County of E1 Dorado, State of California, commonly known as Assessor Parcel Nos. 21-010-04 and 27-010-11, which are more particularly described in Exhibits B and C, attached hereto, incorporated by this reference (Parcels 2 and 3); D. Sierra Shores desired the District to abandon an existing sewer pipeline (Existing Pipeline) and allow Sierra Shores to construct a new sewer pipeline (New Sewer Pipeline) on portions of Parcels 1, 2 and 3 and allow Sierra Shores to construe a water pipeline extension (New Water Pipeline) in the public right-of-way along Lake Tahoe Boulevard (collectively Project); E. The CTC and Sierra Shores granted the District an easement over Parcels 1, 2 and 3 for the New Sewer Pipeline pursuant to a grant of easement (Grant of Easement) dated November 15, 2004, and recorded in the official records of the E1 Dorado County Recorder's office, as document number 2004-0104455-00; F. Sierra Shores completed construction of the Project, which consists of: (1) approximately 540 lineal feet of eight (8) inch sewer pipeline, nine (9) manholes and abandonment of the Existing Pipeline; and, (2) three hundred ninety (390) lineal feet of six (6) inch water pipeline and appurtenances. Sierra Shores paid the entire cost of the Project construction; and G. Sierra Shores desires the District, and the District agrees, to enter into this Agreement to provide the terms and conditions upon which the District allowed Sierra shores to construct the Project. SB 360060 v3:007627.0008 1 NOW, THEREFORE, the parties agree as follows: 1. Compliance. Sierra Shores complied with all of the District's rules, regulations and procedures related to installation and construction of the Project. 2. Construction. The Project construction was competed by Sierra Shores' contractor, which included all facilities necessary to provide the continuous uninterrupted sewer service, water service and other related appurtenances as shown on the contract documents and specifications for the Project (Contract Documents). 3. Construction Standards. Sierra Shores represents and warrants to the District that the Contract Documents complied with the District's standards and specifications. The Contract Documents were submitted to and approved by the District prior to commencement of construction. The construction of the Project was in conformance with the Contract Documents, except modifications, if any, that were reviewed and approved by the District. The Sierra Shores will furnish the District with one (1) complete set of duplicate originals and two copies of approved as-built Contract Documents. 4. Permits. Sierra Shores represents and warrants to the District that Sierra Shores' construction of the Project complies with all local, state and federal laws, regulations and orders. Sierra Shores, at its sole cost and expense, obtained all permits and approvals from such governmental agencies having jurisdiction as necessary for performance of the activities related to this Agreement prior to construction. 5. Environmental Analysis. Sierra Shores complied 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. 6. Reimbursement to District. Sierra Shores shall pay the District such amounts as reasonably requested by the District to reimburse the District the costs and expenses incurred by the District with respect to the construction described in the Contract Documents including, but not limited to, fees, review of Construction Documents, inspection, legal expenses and other such costs and expenses, whether preformed by the District's employees, agents or consultants. 7. Accounting to Sierra Shores. The District will provide Sierra Shores a written accounting of all the District's costs and expenses incurred with respect to the Project for which the Sierra Shores is responsible, which Sierra Shores shall pay to the District within thirty (30) days from the date of the District's statement. Any funds paid by Sierra Shores in excess of the District's actual costs and expenses, if any, shall be refunded by the District. SB 360060 v3:007627.0008 2 8. Indemnity. Sierra Shores 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 Sierra Shores' 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 Project, except to the extent of any liability, loss, cost or expense caused by the District's active negligence or willful misconduct. 9. Insurance. Sierra Shores caused its Contractor to procure and/or maintain, in full force and in effect during the construction of the Project, the insurance required by this section. The Sierra Shores' contractor did not commence any work until all of the required insurance was obtained for the Project. 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 Long Shoremans and 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. The amount of the insurance shall not be less than One Million Dollars ($1,000,000) combined single limit per occurrence coverage applied to bodily and personal injury and property damage. c. Automobile Liability Insurance. Insurance to protect against claims arising from death, bodily or personal injury, or damage to properties resulting from actions, failures to act, operations of equipment of the insured, or by it's employees, agents, and consultants or by anyone directly or indirectly employed by the insured. The amount of insurance shall not be less than One Million Dollars ($1,000,000) combined single limit per acts of coverage applied to bodily and personal injury and property damage. Coverage shall include all owned, non-owned and hired vehicles. d. General Provisions. The above insurance overages shall be subject to the District's reasonable approval. The District shall be provided with copies of the insurance policies evidencing the above insurance coverage. The District shall be named as the additional insured on the commercial general liability and automobile liability policies. Each policy of insurance shall require thirty (30) days advance written notice to the District of any change or cancellation of insured. The above insurance coverage 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 transfer rights of recovery (subrogation) against the additional insured. In addition, the above insurance requirements shall not limit the indemnification obligations of Sierra Shores. SB 360060 v3:007627.0008 3 10. Guaranty. Sierra Shores guaranties that construction of the Project was in accordance with the requirements of this Agreement and performed in a good and workmanship like manner. Sierra Shores 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 date of this Agreement. 11. Bond. Sierra Shores shall furnish the District with a performance bond in the amount of One Hundred Eighty Thousand Dollars ($180,000), which was the estimated construction cost of the Project. The performance bond shall be maintained in full force and effect during the guaranty period for the purpose of ensuring that Sierra Shores will pay for any repairs or replacements to the Project. District shall have the right to enforce the performance bond to ensure the Project is completed pursuant to this Agreement. The performance bond shall be in the District's standard form for such bonds. 12. Notice of Completion. Sierra Shores caused 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 furnished District with a conformed copy of the recorded Notice endorsed by the E1 Dorado County Recorder's office. Sierra Shores shall provide the District with a conformed copy of the recorded NOC. 13. Dedication. After compliance with all of the above requirements, Sierra Shores will execute an irrevocable offer to dedicate the New Sewer Pipeline and the New Water Pipeline to the District. The District will then place the offer to dedicate on the District Board of Director's meeting agenda for acceptance. The District will not accept the offer until all of the requirements of this Agreement have been satisfied. A copy of the Irrevocable Offer to Dedicate is attached as Exhibit D and is incorporated by this reference. 14. Subordination. Prior to construction of the New Sewer Pipeline, Sierra Shores granted the District an easement for the New Sewer Pipeline (New Sewer Pipeline Easement), dated November 15,2004, and recorded in the official records of the County of E1 Dorado, California, on December 17, 2004, as document number 2004-0104455. Sierra Shores shall provide the District with a Title Insurance Policy showing the current status of title for Parcels 1, 2 and 3, as of December 17, 2004. Sierra Shores agrees to obtain a subordination of any deeds of trust recorded on Parcels 1, 2 or 3, on or before December 17, 2004, in a form reasonably satisfactory to the District. 15. General Provisions. 15.1. Recitals. The recitals stated at the beginning of this Agreement of any matters or facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the recitals, if any, shall be deemed a part of this Agreement. 152. 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 certi- fied, return receipt requested) or by Federal Express or other similar ovemight delivery service, to SB 360060 v3:007627.0008 4 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 Attn: Richard Solbrig, General Manager With a copy to: Gary Kvistad, Esq. Hatch & Parent 21 East Carrillo Street Santa Barbara, California 93101 Sierra Shores: Sierra Shores, Inc. Attn: Randy Lane P.O. Box 456 Zephyr Cove, NV 89448 With Copy to: Lewis S. Feldman Feldman Shaw, LLP 182 U.S. Highway 50 P.O. Box 1249 Zephyr Cove, NV Any communication given by mail shall be deemed delivered two (2) business days after such mailing date, and any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address. 15. 3 Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person other than the parties or their respective heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 15.4. Assignability. This Agreement shall not be assignable without the 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. 15.5. Waiver. No waiver by any party of any of the provisions shall be effective unless explicitly stated in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party SB 360060 v3:007627.0008 5 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. 15.6. Headines. The section headings contained in this Agreement are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. 15.7. Severability. If any term, provision, covenant or condition of this Agreement shall be or become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null, void or against policy, the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired or invalidated. The term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable, shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Agreement. 15.8. Counterparts. This Agreement may be executed in any number of coun- terparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 15.9. Governine 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 United States, with venue proper only in the County of E1 Dorado, State of California. 15.10. Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action against any party to this Agreement. 15.11. Attorney Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an action for declaratory relief, is brought to enforce or interpret the provisions of this 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 attomeys' fees, paralegal fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs and expenses paid or incurred in good faith. 15.12. 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 and documents as are necessary or appropriate to effectuate all of the terms and con- SB 360060 v3:007627.0008 6 ditions of this Agreement. SB 360060 v3:007627.0008 7 15.13. Construction. The provisions of this Agreement should be liberally con- strued 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. 15.14. Several Oblieations. 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. 15.15. Authoritw.. The individuals executing this Agreement represent and wan'ant 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. 15.16. Ownership. Sierra Shores 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. 15.17. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties. There have been no binding p~'omises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature, except as stated in this Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. SB360060v3:007627.0008 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year and at the place first written above. DISTRICT SIERRA SHORES South Tahoe Public Utility District Sierra Shores, Inc. By: By:. Eric Schafer, Board President G. Randy Lane, President By:. G. Randy Lane, Secretary ATTEST: By: Kathy Sharp, Clerk of the Board/ Executive Services Manager SB360060v3:007627.0008 9 Assessor Parcel No. 27-010-22-100 EXHIBIT A SB 360060 v3:007627.0008 -10~ Assessor Parcel No. 21-010-04 EXHIBIT B SB 360060 v3:007627.0008 -11- Assessor Parcel No. 27-010-11 EXHIBIT C SB 360060 v3:007627.0008 -12- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Gary M. Kvistad HATCH & PARENT 21 East Carrillo Street Santa Barbara, Califomia 93101-2782 tHIS SPACE RESERVED FOR RECORDER ONLY (Gov. Code § 27361.6) IRREVOCABLE OFFER TO DEDICATE This Irrevocable Offer to Dedicate (Offer) is made by Sierra Shores, Inc., a Nevada corporation (Grantor) to the South Lake Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public Utility District Act (District), on this __ day of August, 2005, at South Lake Tahoe, California, with reference to the following facts and intentions: A. The District owns and operates a domestic water distribution system and a wastewater collection and treatment 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. Grantor is developing residential development on certain real property located in the City of South Lake Tahoe, County of E1 Dorado, State of California, commonly known as Assessor Parcel No. 27-010-221, which is more particularly described in Exhibit A, attached hereto, incorporated by this reference (Parcel 1); C. The California Tahoe Conservancy (CTC) is the owner of certain real property located in the City of South Lake Tahoe, County of E1 Dorado, State of California, commonly known as Assessor Parcel Nos. 21-010-04 and 27-010-11, which are more particularly described in Exhibits B and C, attached hereto, and incorporated by this reference (Parcels 2 and 3); D. Grantor requested the District to approve an abandonment of an existing sewer pipeline and installation of a new replacement sewer pipeline (New Sewer Pipeline) (collectively Project) and installation of a new water pipeline extension (New Water Pipeline) to facilitate Grantor's construction of improvements on the Parcel 1; E. Grantor and the CTC granted the District an easement for the New Sewer Main (Easement) pursuant to an Easement Agreement for Public Sewer dated November 15, 2004, and recorded in the Official Records of the E1 Dorado County Recorder's Office, as document number 2004-0104455-00; EXHIBIT D SB 360084 v2:007627.0008 F. The District's Board of Directors (Board) approved Grantor's request for the Project on September 16, 2004 as subsequently modified by the Board on August 4, 2005, subject to the terms of a Construction Agreement, dated August, 2005, which required dedication of the New Sewer Pipeline and the New Water Pipeline to the District after completion of construction; and G. Grantor completed construction of the New Sewer Pipeline and New Water Pipeline and desires to dedicate both of them to the District pursuant to the terms and conditions of this Offer. NOW, THEREFORE, the Grantor agree as follows: 1. Offer of Dedication. FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, Grantor does irrevocably offer to dedicate the New Sewer Pipeline and the New Water Pipeline to the District including, but not limited to, all of the sewer and water distribution facilities installed by Grantor pursuant to the Construction Agreement and located within the Easement and public right-of-way, respectively. 2. Guaranty. Grantor represents and warrants to the District that the Project shall be free from all defects and material in workmanship for a period of one (1) year from the effective date of the Construction Agreement. 3. Liabili~,. The District shall neither incur liability nor assume responsibility with respect to the Project until this Offer has been accepted by the District. After acceptance of this Offer, the District shall bear all costs and expenses related to the Project, except that the Grantor shall reimburse the District 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. 4. Construction Agreement. The terms and conditions of the Construction Agreement are incorporated by this reference. Grantor represents and warrants to the District that Grantor has completed the Project in compliance with the Construction Agreement. 5. Entire Offer. This Offer constitutes the entire agreement between the parties with respect to the Offer and may not be modified in any way except, with the prior approval of the District, by an instrument in writing, signed by Grantor. 6. General Provisions. 6.1. Recitals. The recitals stated at the beginning of this Offer of any matters or facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the recitals, if any, shall be deemed a part of this Offer. 6.2. Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted, to be effective, shall be in writing and shall be delivered, SB 360084v2:007627.0008 2 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 Attn: Richard Solbrig, General Manager With a copy to: Gary Kvistad, Esq. Hatch & Parent 21 East Carrillo Street Santa Barbara, California 93101 TO: Grantor Sierra Shores, Inc. Attn: Randy Lane P.O. Box 456 Zephyr Cove, NV 89448 With Copy to: Lewis S. Feldman Feldman Shaw, LLP 182 U.S. Highway 50 P.O. Box 1249 Zephyr Cove, NV Any communication given by mail shall be deemed delivered two (2) business days after such mailing date, and any written communication given by overnight delivery service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address. 6.3. Successors and Assigns. This Offer shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Offer, express or implied, is intended to confer on any person other than the parties or their respective heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Offer. 6.4. Assignability. This Offer shall not be assignable, except to subsequent owners of Grantor's property, by Grantor without the 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. 6.5. 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 Offer, including, without SB 360084 v2:007627.0008 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 Offer, and in any documents delivered or to be delivered pursuant to this Offer. The waiver by any party ora breach of any provision of this Offer shall not operate or be construed as a waiver of any subsequent breach. No waiver of any of the provisions of this Offer shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 6.6. Headings. The section headings contained in this Offer are for conven- ience and reference only and shall not affect the meaning or interpretation of this Offer. 6.7. Severability. If any term, provision, covenant or condition of this Offer shall be or become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null, void or against policy, the remaining provisions of this Offer 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 Offer. 6.8. Counterparts. This Offer may be executed in any number of counter- parts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 6.9. Governing Law. This Offer shall be governed by, and interpreted in accordance with, the laws of the State of California to the extent California Law is applicable to the United States, with venue proper only in the County of E1 Dorado, State of California. 6.10. Parties in Interest. Nothing in this Offer, whether express or implied, is intended to confer any rights or remedies under or by reason of this Offer on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Offer intended to relieve or discharge the obligation or liability of any third persons to any party to this Offer, nor shall any provision give any third persons any right of subrogation or action against any party to this Offer. 6.11. Attorney Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an action for declaratory relief, is brought to enforce or interpret the provisions of this Offer, 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. 6.12. Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Offer and to execute such further SB 360084 v2:007627.0008 instruments and documents as are necessary or appropriate to effectuate all of the terms and con- ditions of this Offer. 6.13. Construction. The provisions of this Offer should be liberally construed to effectuate its purposes. The language of all parts of this Offer 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. 6.14. Several Obligations. Except where specifically stated in this Offer 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 Offer 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 Offer. 6.15. Authority. The individuals executing this Offer represent and warrant that they have the authority to enter into this Offer and to perform all acts required by this Offer, 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 Offer. 6.16. Entire Agreement. This Offer contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties that have not been explicitly incorporated into this Offer. 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 Offer. This Offer may be altered, amended or modified only by an instrument in writing, executed by the parties to this Offer and by no other means. Each party waives its future right to claim, contest or assert that this Offer was modified, canceled, superseded Or changed by any oral agreement, course of conduct, waiver or estoppel. SB 360084 v2:007627.0008 IN WITNESS WHEREOF, Grantor has executed this Irrevocable Offer to Dedicate on the day and year and at the place first written above. DISTRICT South Tahoe Public Utility District GRANTOR Sierra Shores, Inc. By: By: Eric Schafer, Board President G. Randy Lane, President ATTEST: By: Kathy Sharp, Clerk of the Board/ Executive Services Manager By:. G. Randy Lane, Secretary SB 360084 v2:007627.0008 ACKNOWLEDGEMENT THIS OFFER TO DEDICATE is acknowledged by the District. This acknowledgment is not and shall not be construed as an acceptance of this Offer to Dedicate. The District does not and will not accept responsibility for maintenance or liability for personal injury or property damage arising out of any use of the New Sewer Pipeline and New Water Pipeline until and unless a Notice of Acceptance of the Offer to Dedicate by the District has been executed and recorded. Dated: ,2005 DISTRICT South Tahoe Public Utility District GRANTOR Sierra Shores, Inc. By: By: Eric Schafer, Board President G. Randy Lane, President ATTEST: By: G. Randy Lane, Secretary By: Kathy Sharp, Clerk of the Board/ Executive Services Manager SB 360084 v2:007627.0008 Assessor Parcel No. 21-010-22-100 EXHIBIT A SB 360084 v2:007627.0008 Assessor Parcel No. 21-010-04 EXHIBIT B SB 360084 v2:007627.0008 Assessor Parcel No. 2%010-11 EXHIBIT C SB 360084 v2:007627.0008 lO ACKNOWLEDGEMENT State of California ) ) SS. County of ) On ,200 before me, , Notary Public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. ACKNOWLEDGEMENT State of California ) ) SS. County of .) On ,200 before me, ., Notary Public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. SB 360084 v2:007627.0008 11 ACKNOWLEDGEMENT State of California ) ) SSo County of .) On ., 200 before me, ., Notary Public, personally appeared ., personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. ACKNOWLEDGEMENT State of California ) ) SS. County of .) On ., 200 before me, ., Notary Public, personally appeared ., personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal. SB 360084 v2:007627.0008 12 PAYMENT OF CLAIMS FOR APPROVAL August 4, 2005 Action Item 7.b BNY Western Trust Company Cost Containment - health care payments LaSalle Bank Hatch & Parent -legal services Total Vendor EFT Accounts Payable Checks Sewer Fund Accounts Payable Checks Water Fund Accounts Payable Checks Self-funded Ins Accounts Payable Checks Grant Funds Total Accounts Payable Grand Total 657,665.32 26,222.88 0.00 0.00 683,888.20 362,342.34 486,915.44 16,298.00 2,857.10 868,412.88 1,55~301.08 0 0 South Tahoe P.U.D. 07/28/05 PAYMENT OF CLAIMS REPORT 07/22/2005- 08/04/2005 1 THU, JUL 28, 2005, 1:00 HMI - -req: THERESA---leg: GL JL - -loc: CNSin - -- -jab: 342863 #J049--- -prcg: 09 <1.0 >-- report id: CKR� Default Selection: Check Stock ID: AP ; Check Types: NW, HW, RV, VH Vendor Nane Account # Dprtrrent 2ND ICE AFLAC AWWA ACXOC 1 IIIMPS ADVAKfD ASPHALT AND AMERICAS - SD LAKE BILE ALO PLLNBIIZ & HIN,TERRY'S ARANARK LNIEERM SERVICES A: TT EMPLOYEE FENEFTIS CO AssrJR ,NT /k u<nS 20 -29 -8401 ENGINEERING 10 -00 -2538 COAL &AENUNISIRATTM 10 -06 -6250 OPERATIMS 10 -39 -4405 FIlCE 20 -39 -4405 FINANCE 20 -29 -8355 ENGINEERING. 20 -00 -2605 GENERAL & ALMID]ISI1RATTCN 20 -00 -6360 COAL & AUVU NISI1ZATTCN 10 -28 -6360 ALPINE ODINIY 10 -01 -6052 INEERGRCLED REPAIR 10 -00 -2518 GENERAL & AIIMINISIRAT'ICN 20 -38 -4405 QEICMER SERVICE 10 -00 -2512 GENERAL & ALNIINISIRATICN 10 -01 -4311 INCER3RMND REPAIR 10 -00 -2539 COAL & AEMINISTRATTCN Description CUSIUMER SERVICE CENIEER Check Tbtal: AFLPC FEE IE UCTICN C1ek Tbtal: DUES/N TIPS /C TFICATI Check 'Ibta1: CCNIRALTUAL SERVICES C NIRPCTIAL SERVICES lbtal: REP/ HWY50 WIRLN- VvfII1�NLA/Y PLCIRD @MST REINGE Check Tbta1: PROPANE PROPANE Clerk Tbtal: PIPE, O3VERS, & MANELES Check Tbtal: LNI /IB"S PMIAB E L SERVI CES Chad( Tbtal: LIFE IN3URANCE LIFE INSURANCE Check LCI\u 'In3K DISABILITY_ INICN Cc 'Ibtal Amxmt Check # Type - 80.44 - 80.44 00060461 RV 110.00 110.00 00060620 NW 62.00 62.00 00060621 MTV 420.00 420.00 840.00 00060622 NW 99,377.21 - 4,409.40 94,967.81 00060623 NW 76.15 91.16 167.31 00060624 MTV 615.00 615.00 00060625 NW 1,115.97 9.28 1,125.25 00060626 M'7 1,976.70 0.73 1,977.43 00060627 MW 1,433.73 1,433.73 00060628 Mn] S o u t h Tahoe P.U.D. 07/28/05 PAYMENT O F CLAIMS REPORT 07/22/2005-08/04/2005 CK� TH.T, JUL 28, 2005, 1:00 PM - -rah: 'II A -- -leg: GL 3Lr -loc: Q151'1.E - -- -jab: 342863 #J049 - - - -pi g: 09 <1.07 > - -rrt id: 11=,-Fault Selecticai: Check Stack ID: AP ; Check 'Iypes : MN, ITT, RV, VH Vendor Nate Acoourt # Departrrent ATlh.SIO, LANCE B M H COCUPATICNAL MEDICINE B S K ANALYTICAL LABS BFNTLY P.GRCTAUYNAMIC S BMW-HINCKLEY IlEJSIRIES SLAKES SO LAKE MICE RT i NF RI®CN TEMP PERSCI\IE[, BOYLE ELI EER11Th CRP 20 -38 -4405 QE'IQ ER SERVICE 10 -07 -6075 LABS ATCRY 10 -21 -6075 AIITINIS11 PION 20 -01 -6075 LN E1 U JD REPAIR 20 -07 -6075 LABORATCW 20 -21 -6075 AIIMINS PATICN 20 -07 -6110 LABPRATCRY 10 -06 -6652 O ERATTCIE 10 -04 -6042 HMW MUNDENANZE 10 -00 -0415 GENERAL & ALNINISIP2 TICN 10 -21 -6520 AEMINISIRATTCN 20 -21 -6520 AEMENISIRATICN 20 -38 -4405 C SICK R SERVICE 20 -29 -8574 EnG NEIl2Il3 BUN & CALEV ELL C NSC1L ANIS 10 -28 -8535 ALPINE O NTY CSRMA 10 -01 -4521 LNEERGRaND REPAIR Description aNERALTUAL SERVICES Check Tbtal: SAFETY E JIPMENT' PHYSICIALS SAFELY BECUIRENIVPHYSICALS SAFETY E JIRMI' PHYSIC ALS SAFETY PHYSICALS SAFETY EJIalaVI /PHYSICALS Check Total: KNTICRINU Check Tbtal: BIOS= DISFCSAL CMS Check Tbtal: CROWDS & MIME ]CE C>A9JL E INVFNICW Check 'lbtal : SUPPLIES SUPPLIES Check Total: CCNIRACILAL SERVICES WELL, BAYVIEW Check Tbtal: Check Tbtal: ALP CD PRCOEL-'I' IMPIEMENIATIO Check Tbtal: CSRIvik T TARTT TTY CLAIMS Amount Check # Type 597.78 597.78 00060629 MAT 26.71 - 57.50 179.00 26.71 - 57.50 117.42 00060630 MAT 470.00 470.00 00060631 M' 933.49 933.49 00060632 MAI 129.09 1,982.60 2,111.69 00060633 MAT 25.00 24.99 49.99 00060634 MAT 00060635 NW 00060636 NW 912.50 912.50 00060637 MW 12,016.03 1,789.99 1,789.99 81,049.53 81,049.53 South Tahoe P.U.D. 07/28/05 PAYMENT O F CLAIMS R E P O R T 07/22/2005 - 08/04/2005 THU, JUL 28, 2005, 1:00 HAM - -req: 'II A-- -lei: GL JL - -loc: CIETIE - -- -dab: 342863 #J049--- -prrog: a+46.09 <1.07 > - -art id: Default Selection: Check Stock ID: AP ; Check Types: Mt,HW,RV,VH Vencbr Nacre Account # E)epartrrent 10 -03 -4521 ELECTRICAL SEDP 10 -29 -4521 EMINEER \B 20 -03 -4521 ELECTRICAL fRICAL SLA(y'� P CALIF LEFT OF CCNSENER AFFAIR 10 -29 -6250 ENaINEERILZ 20 -29 -6250 End CALIF DEPT OF H1EIN3 CALIFORNIA OVERNIGHT CALLIAN, JE ALEE CANADA. LIFE CAR- KIT.CCM INC 10 -38 -6030 CZEIG!ER SERVICE `. 20 -38 -6030 C SKNER SERVICE 10 -00 -4810 COAL & AUV NISIRPTICN 10 -07 -4810 LAB:PATCRY 20 -00 -4810 COAL & ArNINISIRATICN 20 -07 -4810 LABi P2 RY 10 -21 -4820 ALM NISIRATTCN 20 -21 -4820 ALNIINISIRATICN 30 -00 -6744 SELF FENCED INSURANCE 20 -29 -6071 20 -03 -6041 20 -21 -4820 10 -03 -6071 20 -01 -6071 10 -07 -4760 20 -07 -4760 20 -38 -6071 E INE SE30P AEMINISIRATICN L SEDP INEERSEUND REPAIR LABCRATCRY LABORATCRY CZSILNE R SERVICE Desscripticn CSFM. LIABILITY CLAIMS CSRMA. LIABILITY CLAIMS C EREvi1 LIABILITY CLAIMS Check Total: LUES LIES ID :+D• _ a :ID- •+ i PS/ cT • Check Total: SERVICE CCNERACIS SERVICE CCNERACIS Check Total: MACE EXPENSES POSTAGE EXPENSES POSMGE EXPENSES MACE EXPENSES Check Total: SUPPLIES C EFICCEE SUPPLIES Check Total: EXCESS INS SELF INSURED MED Check Total: SHOP SUPPLIES BUILDIN OFFICE SUPPLIES SHOP SUPPLIES SEDP SUPPLIES LA13CRATORY SUPPLIES LAEORATCRY SUPPLIES SEDP SUPPLIES Amxrnt Check # Type 12,500.00 25,533.37 12,500.00 62,549.40 125.00 125.00 250.00 8.50 8.50 17.00 11.54 17.83 11.54 138.66 179.57 42.36 42.36 84.72 14,029.55 14,029.55 901.27 60.88 91.31 91.31 2,231.66 217.54 187.11 798.33 00060638 Mil 00060639 MAT 00060640 MAT 00060641 MAI 00060642 MAT 00060643 NW South Tahoe P.U.D. 07/28/05 PAYMENT OF CLAIMS REPORT 07/2_2/2005-08/04/2005 TE3U, JUL 28, 2005, 1:00 R4 - -I : THERESA---leg: GL JL - -loo: CI'1E - -- -jab: 342863 #J049--- -prog: 09 <1.07 >- -report id: Default t Selection: Check Stock ID: AP ; Check T : NW, IlNI, RV, VH Vendor Nacre Aooait # Dqoartrrent CABOLLO EN3INEERS CA.SIALDO, LINEA CE Jlif AR M UE INSTA JATTCNS C3PIZTEE2 ADVEITSINN /LESIG T 20 -02 -6071 10 -29 -6071 10 -38 -6071 10 -02 -6071 10 -28 -4820 10 -21 -4820 10 -01 -6071 R S IIN7IlNEER1l CUSTOMER SERVICE PUMPS ALPINE COUNTY AIIMINISIPATICN LIID REPAIR 90 -98 -8828 EXPORT PIPELINE GRANT 10 -00 -2002 GENERAL & A11viINISIRATICN 10 -28 -4820 10 -29 -6071 20 -21 -4820 10 -07 -4760 10 -38 -6071 20 -29 -6071 20 -03 -6071 20 -01 -6071 20 -07 -4760 10 -03 -6071 10 -01 -6071 20 -38 -6071 20 -02 -6071 10 -02 -6071 10 -21 -4820 ALPINE C NIY ENOI[EERIM AMINIS RATTCN LAECRATCRY CUSTOMER SERVICE FrE�f P LEEERCROLND REPAIR LABORATORY Y ELECTRICAL AL SHOP ENDERGRIND REPAIR QEILIER SERVICE PUMPS PUMPS ALVENISTRATICN 10 -28 -4405 ALPINE OaNIY Dscripticn SE3DP SUPPLIES S'IDP SUPPLIES SHOP SUPPLE SEDP SUPPLIES OFFICE SUPPLIES Orr'1.CE SUPPLIES SHOP SUPPLIES Check Tbtal: BLINE Pf3S III LPPS -CAN Check Tbtal: UITLTI Y =LUG 3 SUSPE E Check 'Ibtal : Oli�'10E SUPPLIES SHOP SUPPLIES OFFICE SUPPLIES LAB:RA'[C EY SUPPLIES SHOP SUPPLIES SHOP SUPPLIES SEDP SUPPLIES SHDP SUPPLIES S LA TORY SUPPLIES SRDP SUPPLIES SHOP SUPPLIES SHOP SUPPLIES SOP SUPPLIES S SOP SUPPLIES OFFICE SUPPLIES Check Total: SERVICES Check Tbtal: a Arrc urt Check # Type 435.08 931.72 798.33 404.64 404.64 60.88 487.01 8,101.71 00060645 FW 2,857.10 2,857.10 00060646 FW 1,419.52 1,419.52 00060647 NW - 524.40 455.40 82.80 82.80 372.60 455.40 82.80 910.80 82.80 82.80 538.20 372.60 165.60 207.00 82.80 3,450.00 00060649 MCI 900.00 900.00 00060650 NW THSouth Tahoe P.U.D. U, JUL 82 , 2005, 1:00 FM 07/28/05 , PAYMENT lag: GL JL - -loo CNSfIE -- -jab 342863 ##J049-- - -pzog /CKS09 <1.07 > --i t id: Default Selection: Check Stock ID: AP ; Check Types: Ma, ITT, RV, VH Vendor Nacre Acaa.mt # Department CDOK, AR IHLR 20 -02 -4520 PUMPS 'T CONTAINMENT MI5 IlNO 30 00 -6742 SERI F FUNDED INSURANCE COST CONTAINMENT CIS INC 30 -00 -6741 SPI F FUNDED INSURANCE CREEK ENVIRCIVENML LABS CUES INCICIRPCMED D L T SCILUTICNS INC E N S RESOURCES INC FEUD( FREIGHT WEST FISHER SCENITFIC 20 -07 -6110 10 -01 -6055 10 -29 -8381 10 -29 -4820 20 -29 -4820 LABORATCW IN :HOUND REPAIR E EN3INEERILZ EN INEH 13 20 -27 -4405 DISIRICT IITTCN 10 -27 -4405 DISIRICT Il `pI[CN 10 -00 -6310 GENERAL & AOVISIRATICN 20 -00 -6310 GENERAL & AUV IS RATICN 20 -07 -4760 LABORATORY 10 -07 -4760 LABORATORY Dsc ripticai MISC LIAR] 1' Y QA MS Cheri Tbtal: ALMINISIRATICN rr± PO t.]± Check Tbtal: ALMENISIRATICN khh Check Tbtal: Vendor Ibtal: KNITCRIIZ Ched< Tbtal: IPFILTRATICN & INFIOW Check Tbtal: AUICXD UA42ADE OFFICE SUPPLIES C FF'ICE SUPPLIES Check Tbtal : CONTRACTUAL SERVICES CONTRACTUAL SERVICES Tbtal: E EPKNE TE EPHCNE Check Tbtal: LABCRATCRY SUPPLIES IABCRATCEY SUPPLIES Ched‹. Tbtal: Amzunt aleck # Type 446.62 446.62 00060651 MI 1,858.92 387.52 2,246.44 00060652 M' 22.01 22.01 00060653 Ma 2,268.45 1,977.50 1,977.50 00060654 Ma 4,869.65 4,869.65 00060655 MAI 7,723.52 438.83 438.82 8,601.17 00060656 NW 2,581.18 2,581.18 5,162.36 00060657 M' 54.61 54.61 109.22 00060658 MAI 190.60 240.17 430.77 00060659 MAT S o u t h Tahoe P.U.D. 07/28/05 PAYMENT O F CLAIMS REPORT 07/22/2005-08/04/2005 TEN, JUL 28, 2005, 1:00 FM - -m : THERESA---leg: 4L JL - -lac: CNSfiE - -- -jab: 342863 #J049-- - -prcg: CK509 <1.07>--report id: Default Selecticn: Check Stock ID: AP ; Check Types: MW, }1 1, RV, VH Venlac Nacre Aoocinnt # Department ME, WILLIAM GRAIMER INC, W. W. GRAPHIC EXPRESS HARLAN, ERISi.1.E 10 -37 -6200 INFORM TICK SYSIEMS 20 -37 -6200 INFIDWATION SYSIEI S 10 -04 -6071 HEAVY M\INIE E 20 -29 -8401 EL3h ]N 10 -00 -2002 GENERAL & AII INISIRATICN 20 -00 -2002 GENERAL & AIMINISTRATICN RICE SIERRA BUSINESS SYSTIIIVE 10 -38 -6030 MUMMER SERVICE 20 -38 -6030 CEKNE 2 SERVICE ITT, TOY A. 10 -05 -6073 EQUIPMENT REPAIR 20 -05 -6073 EQUIPMENT REPAIR INDUSTRIAL SUPPCRT TECH INC 20 -01 -6052 t1 NJ REPAIR J &L PRO KLETINC JAMES, CREB JOB'S PEAK PRIlZY CARE 10 -39 -6074 FINANCE 20 -39 -6074 FINAKE 10 -02 -6250 MAPS 10 -04 -6075 IVY MINTEMZICE 10 -05 -6075 EQUIPMENT REPAIR Dipticn TRA IRA D D I e. Di is 1e. SE3JP SUPPLIES /EanuTar Check Total: Check Total: C1A'ICN R SERVICE CENTER Check Total: UTILITY BILLING SUSPENSE =UT? BI a SUSPENSE Check Total : SERVICE CINIRALIS SERVICE C CNIRAC'IS Check Total: 9viniLL TOOLS Check Total: PIPE, COVERS, & MIINEELES Check Total: JANITORIAL SERVICES JANITORIAL SERVICES Check Total: DUES/N S IIPS /C=FICATI A��NI�'Check Total: SAFETY E JIHvENi /PHYSICALS An .unt check # Type 145.45 145.45 290.90 00060660 MW 34.01 34.01 00060661 MW 80.44 00060662 MR 80.44 74.97 102.48 177.45 451.57 451.57 903.14 12.48 12.47 24.95 00060663 MW 00060664 MI 00060665 MW 400.00 400.00 00060666 MW 1,473.50 1,473.50 2,947.00 00060667 M'J 146.50 146.50 00060668 NW 105.00 52.50 South Tube P.U.D. 07/28/05 PAYMENT O F CLAIMS R E P O R T 07/22/2005-08404/2005 TILJ, JUL 28, 2005, 1:00 FM - -req: THERESA—leg: GL CNSTIE-- - -jcb: 342863 #J049-- - -prog: 09 <1.07 >- -resort id: Default Selection: Check Stock ID: AP ; Check Types: MW, HW, RV, VH Vendor Nave Amt # Department KENNEDY /JE KS O ILTANIS INC LANDAUER INC T .TT I Y' S 11KE SERVICE INC. METROCALL METROCALL 20 -05 -6075 EQUIPMENT REPAIR 10 -29 -8572 ENGINEERINU 10 -29 -6200 ENGIl 20 -29 -6200 End 10 -05 -6011 EQUIPMENT REPAIR 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 10 -37 -6310 20 -37 -6310 10 -04 -6310 10 -03 -6310 20 -03 -6310 10 -05 -6310 20 -05 -6310 10 -29 -6310 INEICENATICN SYSIEMS I1TCN SYSTEMS INIMRCLNID REPAIR LIB REPAIR HEAVY MAINflaNANCE ELBCIRICAL SEIDP ELE I1 IC L SRDP EQUIPMENT REPAIR EREPAIR ENaIN H Ili INKWATTCN SYSTEMS INECRRITCN SYSTEMS HEAVY MAINIENANCE ELECIRICAL s tP SIC L SHDP WMREPAIR REPAID Descriptic:n SAFETY EXInvENT /PHYSICALS Check Total: PIPELINE, SE ODE ck ToIbt al. Check t1 : TT A /ETON Check Total: 2 12 Ie. 2 12 1e. A[JICMDTIVE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE NE TELEPHONE TELEPHONE TELEPHONE NE TELL' TELEPHONE TELEPHONE NE TELEPHONE TELEPHONE TELEPHONE NF TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE Check Total: Check Total: Amxmt Check # Type 52.50 210.00 00060669 MW 33,622.66 33,622.66 00060670 M' 78.14 78.13 156.27 00060671 MAI 21.50 21.50 00060672 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 RV 54.10 54.09 103.41 206.82 206.82 54.11 54.10 54.11 South Thhse P.U.D. 07/28/05 PAYMENT O F CLAIMS R E P O R T 07/22/2005-08/04/2005 THU, JUL 28, 2005, 1:00 FM - -req: THERESA---leg: GL JL - -loc: CIUSf1.E - -- -jab: 342863 ##J049--- -prcg: 09 <1.07 >-- report id: t f n i1 t Selection: Check Stock ID: AP ; Check Types: NW, r , RV, VH Vendor lime Amount # ] artrrent MID MxNIA_IN MILE CCNM. PETTY CASH RADIO SHACK RED DRAIN OIL SERVICE 20 -29 -6310 End 20 -05 -6011 EIJIPMNr' REPAIR 10 -00 -6520 10 -05 -6011 10 -21 -4820 10 -21 -6200 10 -21 -6520 10 -21 -6621 10 -29 -4820 10 -37 -6200 10 -38 -6250 10 -39 -6200 20 -00 -6520 20 -21 -6200 20 -21 -6520 20 -21 -6621 20 -27 -6200 20 -29 -4820 20 -37 -6200 20 -38 -6250 20 -39 -6200 T � SIRATICN �A EN ALNIINISIRATICN AEMINISIRATTCN ADyEENIS.IRATICN EMINEERIM INFCRNUTCN SYSTEMS EN SERVICE ORAL & ALMINISTRATICN AIINDNISIRATTCN ALMINNISIRPTICN At11INISIPATICN DISTRICT' INFtRMATICN ENaINEERIM DIECRVATICN SYSIENE FINANCE SERVICE 10 -04 -6071 HEAVY NAINIENANCE 10 -07 -4760 LABORATORY 20 -07 -4760 LABORATORY Description TELEPHCNE AUICMDITVE Check Tbtal: Vendor Tbtal: Check Tbtal: SUPPLIES OFE'ISUPPLIES IRA /E T=CN INCENTIVE & RE ZCG\IIT'ICN PRC R. 0J iCE SUPPLIES TRA Di 0 1A DBv CN DUES D : +D• ` 1 PS C Rrn iC�ITT TRA p �� 1 e../ DP •'• CN •• ID. TRA D . .. ID.. 1 •D TRA OFFI TRA ru Es TRA • 1 C. /E cuaa CN RECCCNITTCN SUPPLTES/ECUCATICN /me e• CN C'ER'TTfFICMT ,.,7_ k CN Check Tbtal: ID 1t. DI ID 1 !. LTD :D•` 1 :AEI ID 1 C. SDP SUPPLIES DI •'■ Check Tbtal : LAB SUPPLIES LABOATCRY SUPPLIES a Pirrxmt Check # Type 54.10 841.66 00060619 NW - 309.12 533.67 533.67 00060673 NW 8.05 20.00 1.65 61.31 30.00 25.00 4.15 5.50 16.00 45.12 8.04 37.50 30.05 25.00 7.50 4.14 5.50 16.00 45.10 395.61 00060674 NW 8.60 8.60 00060675 NW 30.00 30.00 S o u t h ' I ` a h c e P.U.D. 07/28/05 PAYMENT O F CLAIMS REPORT 07/22/2005-08/04/2005 T[HU, JUL 28, 2005, 1:00 FM - -req: THERESA---leg: -lcc: C EfiE-- - -jcb: 342863 #J049--- -ptcg: 09 <1.07 > - -sort id: L�fai �1 t Selecticn: Check Stock ID: AP ; Check Types: NW, ITT, RV, VH Vendor Nene Account # Depar'trrent FCESBELEN ZINC SBC SBC /MCI SCTJIT SFEIALTY CASES SCE IT, BILL SIERRA FOOIII ILL LAS SIERRA PACIFIC 20 -29 -8401 20 -00 -2605 10 -00 -6320 20 -00 -6320 10 -00 -6310 10 -02 -6310 20 -02 -6310 10 -22 -6310 20 -22 -6310 10 -07 -6310 20 -07 -6310 10 -06 -6310 10 -37 -6310 20 -37 -6310 ENal:NE IN COAL & AEMINTISIRATICN GENERAL & ? M NISIRATICN GENERAL & ALMINISIRATICN (NEPAL & AEMENISIRATICN PEPS PUMPS HilvAN RESOURCES HMV RE3aMES DIRECICR LP,BC IZATCW LABU2ATC Y OPERAT CNS INECRVATICN SYSTEMS 10 -06 -6024 OPERATICIE 20 -38 -4405 Qb'IMat SERVICE 10 -07 -6110 LABORATORY 10 -00 -6330 GENERAL & ADMINISTRATION 20 -00 -6330 GENERAL & AEMINISTRATICN t scripticn Check Total: QJSIti ER SERVICE CENTER ALI RD QDb'T REME Check Total: SIGNAL CEARMS SIGNAL Cif Check Ibtal: TE FIBME TELEPHONE TEL EP ME TEUEPHCNE TELERME TELEPHONE TELEEHME TELFF NE TELEPHONE TEL EPF ME Check Total: FURNACE I Check Total: CONTRACILAL SERVICES Check Total: KNTICIRTIC EE CIRI(E'IY ELECTRICTIY Check Total: Check Total: Amount Check # Type 60.00 00060676 I4 00060677 NW 00060679 MAT 341,604.00 - 34,160.50 307,443.50 96.51 32.17 128.68 203.51 18.45 18.45 0.10 0.10 0.63 0.62 22.41 82.39 82.39 429.05 00060678 NW 67.88 67.88 00060680 PAW 260.42 260.42 00060681 MAT 165.00 165.00 00060682 NW 66,093.06 18,522.18 84,615.24 00060684 NW South Tahce P.U.D. 07/28/05 PAYMENT O F CLAIMS R E P O R T 07/22/2005-08/04/2005 10 THU, 3UL 28, 2005, 1:00 FM - -req: THERESA—leg: CL JL - -lcc: CNSilE - -- -job: 342863 #J049---- grog: 09 <1.07 >- -mart id: Defy it t Selection: Check Stock ID: AP ; Check Types: NW, IIHI, RV, VH vendor Nacre Aooa mt # Department SCUM LAKE TEE, CTIY OF SCUM LAKE MEE, CTIY OF scum LAKE TAH E, OF SCUlfi LAKE TP,I.33E, CITY OF 9CULH TA}EE NEWSPAPER PEELZY 9CUIH TAI-EE RE UTIIrTY DIST 9CUT PEST CAS 20 -29 -8401 IENGINEERILC 10 -27 -6620 DISTRICT INFICRIATICN 10 -39 -6200 FINANCE 10 -27 -6620 DISTRICT INECRMATTCN 20 -27 -6620 DISIRICT INECEMATICN 10 -21 -4830 AtNIINISIRATICN 20 -21 -4830 ALNIINISIW- TICN 10 -00 -2002 20 -00 -2002 10 -00 -6350 20 -00 -6350 COAL & ALNIINISIRATTCN COAL & ALMINIS RATION GENERAL & ALM NISIRATICN GENERAL & ALNIIlVIS RATION 10 -00 -2531 CORAL & ALMINISIRATICN 10 -01 -4405 LITERSRaND REPAIR 20 -01 -4405 LNDERGROLND REPAIR Description CUSICNER SERVICE C ENIFR Check Thal: RELIC RELATTCNS EXPENSE Check Ibtal: TRAVEL /NEETIL S/ TCN Check Total: RELIC RELATIONS Ems: FOLIC RECATICNS EXPENEE Check Tbtal: Vendor Total: SLESCRIPITCNS EXPENSE SLEgCRIPTICN5' Check Thal: UTILITY BILLING I NG SC]SPENSE UTILITY BILUN ' SUSPENSE Check Tbtal: NATURAL CIS NATURAL GAS Check Tbtal: L N3 TERM DISABILITY M v1T Check Tbtal: CCNIRACICAL SERVICES CCNIRACILIAL SERVICES Check Tbtal: Amxmt Check # Type - 47,376.38 - 47,376.38 00060429 RV 50.00 50.00 00060685 NW 100.00 00060686 NW 00060687 M4 00060688 NW 154.40 105.06 259.46 00060689 M' 00060690 M' 1,455.33 1,455.33 00060691 MAI 912.00 929.10 1,841.10 00060692 MST 100.00 0.00 50.00 50.00 - 47,176.38 117.67 117.66 235.33 58.98 16.50 75.48 South Tahoe P.U.D. 07/28/05 PAYMENT O F CLAIMS R E P O R T 07/22/2005-08/04/2005 11 THU, JUL 28, 2005, 1:00 IM - -rag: THERESA—leg: GL JL - -lcc: CNS11E-- - -jcb: 342863 #J049--- -prcg: CK509 <1.07 >- -resort id: If' it t Selection: Check Stock ID: AP ; Check Types: MST, HW, RV, VH Verrbr Nana Aoocu t # Departrrent TRPA MEE CARSCN ARM NEWS HE FIRE CZNIR L 'MEE PRINITIZ 20 -29 -8574 ENGIN RN3 10 -21 -4930 AIIIMISTRATICN 20 -21 -4930 ALNIlNISIRATICN 10 -39 -4930 FINANCE 20 -39 -4930 FINANCE 20 -38 -6045 C E'ICPER SERVICE 10 -01 -4820 10 -02 -4820 20 -02 -4820 10 -07 -4820 20 -07 -4820 10 -21 -4920 20 -21 -4920 10 -06 -4820 10 -29 -4820 20 -29 -4820 10 -37 -4920 20 -37 -4920 10 -39 -4920 20 -39 -4920 10 -00 -4820 20 -00 -4820 11■IERGRaND REPAIR REPS REPS LAECRATCRY LAECRPIICRC ALNEVISTRATICN ALND ISIRATICN OPERATTCNS ENaINMZINU EMINEERIM INKMTICN SYSNIlA6 INFCRAUICN SYSTEMS FINWCE FENCE CORAL & ALM NISIRATICN COAL & AIIMINISIRATICN 1:N EE VALIE'Y E B I tC SUPPLY 20 -01 -6052 INEER3RaND REPAIR. TECHFRD SALES & SERVICE INC 20 -02 -6051 RNIPS Iipticn WELL, EAYVIEW Check Total: AESADS/ N EKES NOTICES ADS /LEr L MIKES Creek Total: WATER METERS Check Total: ONCE SUPPLIES ONCE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES CFFTCE SUPPLIES PRINI'TN 3 OFFICE SUPPLIES OFFICE SUPPLIES ORI T SUPPLIES PRINflN3 F I= CFFICE SUPPLIES OFFICE SUPPLIES Check Total: PIPE, C VERS, & NANRIES Check Total: REP SIP,TIQ E Anoint Check # Type 4,275.00 4,275.00 56.98 56.98 43.16 43.15 200.27 47.41 00060693 NW 00060683 NW 47.41 00060694 NW 43.10 12.93 12.93 25.86 25.86 8.62 8.62 51.72 60.34 60.34 8.62 8.62 289.92 289.91 32.06 32.05 971.50 00060695 NW 321.26 321.26 00060696 MN 640.01 South Tahoe P.U.D. 07/28/05 PAYMENT OF CLAIMS REPORT 07/2_2/2005-08/04/2005 C�� THJ, JUL 28, 2005, 1:00 FM - -req: � - - -1eg: GL JL - -lcc: C�I�iE - -- -dab: 342863 #J049--- -prcg: 09 <1.07 >-- report rpfault Selection: Check Stock 1D: AP ; Check Types: MV, HW, RV, VH VQdor Nacre Aoocumt # Depleituent MANE U S A MIR B30K UNEERGRaND SERVICE ALERT LNTTIED RENTALS VERI2EN WAL'IERS 02NSIRIETICN, K G WESTERN NEVADA SUPPLY 10 -04 -6653 HEAVY NAIlVIENANCE 10 -04 -6022 HEAVY MINIE CE 10 -38 -6250 CtSIat SERVICE 20 -38 -6250 C ETICNEE2 SERVICE 10 -04 -6042 HEAVY MAINTENANCE 10 -28 -6310 ALPINE Q7CNI'Y 10 -29 -7040 IINGINEER.IN3 20 -00 -2605 CELL & ALMI NISIRATICN 10 -04 -6021 20 -01 -6052 10 -04 -6022 10 -01 -6052 10 -02 -6041 20 -02 -6050 HEAVY MAINTENANCE � _ HEAVY M1 LI [IND REPAIR AMPS AMPS nrIE CAP (SIERRA SUPPLY) 10 -28 -6042 ALPINE CZXNIY XER:X CERP 10 -01 -6030 L1 XE) REPAIR Description Check zbtal: BICECLICS EOUTPD1111/BUILD1N3 Check Total: SEIMARY EQUIPMENT Check Total: DUES z z' N 1 PS /CERTTF KATY DUES m I PS /CERTIFIcATI Check Total: CiiNC & NAIlVIE Crack Tbtal: =RENE CY�ec'k Tbta1: SDILM HYP CELCRITE O 1 iVERSI ADM GCNST REIN Check attal: PE PISEUIDARY�DdTIPENT PIPE JCt, & NAIFS BINGS WELTS Check Tbtal: CBINZ & NAINIENAKE Check Tbtal: SERVICE CCNIRACIB ATcunt Check # 'Iype 640.01 00060697 MW 599.00 599.00 00060698 MW 1,803.89 1,803.89 00060699 MW 250.00 250.00 500.00 00060700 MW 121.29 121.29 00060701 MW 197.95 197.95 00060702 MW 169,261.13 - 8,460.53 160,800.60 00060703 MW 104.52 715.66 104.52 18.83 4.17 94.64 1,042.34 00060704 MW 303.26 303.26 00060705 MW 65.32 South Tahoe P.U.D. 07/28/05 PAYMENT OF CLAIMS REPORT 07/2_2/2005-0804/2005 THU, JUL 28, 2005, 1:00 F IN M - -req: TA -- -leg: GL JL - -loc: QE1'1E - -- -jab: 342863 #J049--- -prcg: 09 <1.07 >- -report id: a Default Selection: Check Stork ID: AP ; Check Types: Mnl,H',RV,VH Verthr Nare Account # DepartmE7t Description Arrrxmt Check # Type 20 -01 -6030 LI ND REPAIR SERVICE CDNIRACIS 65.32 Check Tbral: 130.64 00060706 NW aand Total: 868,412.88 South Tahoe Public Utility District General Manager Richa~l H. Solbrig Directors Tom Comte Jame~ I~ Jones Mary Lou Moebach~r Duane Wallace Eric 5chafer 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150-7401 Phone 530 544-6474, Fax 530 541-0614, www. stpud.us BOARD AGENDA ITEM 14.a TO: Board of Directors FROM: Richard H. Solbrig/General Manager, Gary Kvistad/Legal Counsel MEETING DATE: August 4, 2005 ITEM - PROJECT: Conference with Legal Counsel- Existing Litigation REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, California; United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02- 0238 MCE JFM. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES~ NO NO CATEGORY: Sewer South Taho Public Utility District General Manager I~icha~l H, .~olbrig Dir-ec~o/-$ Tom Comte James IR. Jones Mary Lou Mosbacher Duane Wallace EHc ~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 14.b TO: Board of Directors FROM: Jim Hoggatt/Construction Manager/Engineer, Gary Kvistad/Legal Counsel MEETING DATE: August 4, 2005 ITEM - PROJECT: Conference with Legal Counsel - Anticipated Litigation REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9(c) of the California Government Code, Closed Session may be held for a conference with legal counsel regarding anticipated litigation: Pioneer Trail waterline replacement near Filter Plant SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES /,~L/[~ CHIEF FINANCIAL OFFICER: YES .~-~ ~[~11[, NO NO CATEGORY: Sewer South Tahoe Public Utility District General Manager Richard h. ~olbrig DIFeCCOFS Tom Comte Jame~ R. Jon~ Mary Lou Mo~bacher Ouane 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 14.c TO: Board of Directors FROM: Richard H. Solbrig, General Manager MEETING DATE: August 4, 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 ,'~7[,,~ NO CHIEF FINANCIAL OFFICER: YES'~L~ ~ NO CATEGORY: Water