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HomeMy WebLinkAboutAgenda Truckee Donner Public Utility District G Post Office Box 309 a 11570 Donner Pass Read 0 Truckee, California 95734 (916) 87-3896 REGULAR MEETING 7:00 P.m. - MOND", MARCH 20, 1989 TDPUD BOARD ROOM A G E N D A 1. Call to order 2 . Roll call 3 . Approval of minutes: a) February 6, 1989 4 . Bills for approval . Manager' s report a) Water quality report b) Audit status report c) District organization chart 6 . Public input 7 . Correspondence 8 . Committee reports UNFINISHED BUSINESS 1. Hirschdale water improvement project; a) Status of audit b) Consideration of amended contract change order c) Consideration of final periodic pay request 2 . Consideration of resolution ratifying decision to purchase FmHA loans and designating accounts from which funds will be drawn 3 . Review of uniform cost accounting ordinance and possible direction 4 . Consideration of amendment to District pension plan vesting schedule NEW BUSINESS 1. Consideration of Richard Burge's request to extend date of closing on 1. 9 acres to June 1, 1989 2 . Resolution authorizing small display advertising contract with the Sierra Sun 3 . Review of cable bids and possible award 4 . Discussion and possible action on providing insurance for members of the Board of Directors CLOSED SESSION RETURN TO PUBLIC SESSION ADJOURNMENT C E R T I F I C A T I O N I hereby certify that the foregoing agenda has been posted in the District office and? Government Center, provided to the Um S. Post Office and County Library. flor pcz ting,/ and mailed to the Directors and interested parties on March �6, 1989 . Susan M. Craig, Deputy D strict Clerk 0 BILLS FOR BOARD APPROVAL - MARCH 20, 1989 TOTAL ELECTRIC WATER GENERAL DESCRIPTION ----------------------------------------------------------------------------------------------- JOHN BERET ENTERPRISES 2,375.00 250.00 390.00 1,735.00 SNOW REMOVAL-BUILDING COMPLEX PARKING LOTS i j ,SUB-STATIONS, WELLS MC DONOUGH, HOLLAND, & ALLEN INC. 3,180.07 850.24 2,329.83 TRUCKEE RIVER, ISSUES (850.24) GROUNDWATER ORDINANCE (2329.83) NEVADA COUNTY AUDITOR 2,090.82 2,090.82 SPECIAL ASSESSMENT CHARGES ON 88-89 TAX ROLL TERRACE E. LOWELL & ASSOC. INC. 4,666.25 4,666.25 PHASE TWO OF AUDIT (HIRSCHDALE WATER SYSTEM IMPROVEMENT) T. S. I. (FORMERLY AMCOM) 1,065.47 863.75 201.72 TWO TELEPHONE SETS, REPROGRAM SYSTEM, REPAIR TELEPHONE WEAVER EQUIPMENT 1,156.44 1,156.44REPAIRS ON UNIT 24, BACKHOE -- _____________ TOTAL 14,534.05 1,963.99 8,542.52 4,027.54 1 Truckee Donner Public utility District Post Office Box 309 11570 Donner Pass Road ' Truckee, California 95734 (916) 587-3896 MEMORANTDUT4 March 17, 1989 To: Peter Holzmeister, General Manager From: Andy Hyde, District Civil Engineer Subject: HIRSCHDALE WATER IMPROVEMENT REHABILITATION A. Status of Audit Terry Lowell sent a Letter to Dan Cook on March 8, 1989 asking for ad- ditional information. Dan Cook wrote you on March 9, 1989 asking us for copies of minutes and for some direction about how to proceed with Terry's request. The District's response was given in a Letter dated March 14, 1989 from Board President Maass. The requested information was given by hand to Phillip Kinoshita of Cook Associates on March 15, 1989. (Copies of all the correspondence are attached.) I spoke with Terry Lowell Thursday, March 16, 1989. He has received nothing yet from Dan Cook. I also spoke with Dan Cook yesterday and he hopes to have his written responses in the mail Friday evening, March 17, 1989. Obviously, Terry Lowell will not be able to have his audit done in time for this Board meeting. B. Amended Contract Change Orders I have spoken with Dan Cook about mistakes in Change Orders 6 and 7. Dan will be preparing a revised (actually corrected) version of Change Order 7 for the Board's consideration at their Monday night meeting. Item 1 of Change Order 6 incorporated extra work tags 4, 5 and 6 into the contract, but the dollar amount ($1,528.64) of these tags was not added to the contract price. I have asked Dan to modify Change Order 7 so that this amount shows as an increase to the contract price. On Tuesday and Wednesday, March 13 and 14, 1989, a representative from Cook Associates and I measured the paving area at Hirschdale. Joe Suter was present on Tuesday. Our measurements total 15,329 sq. ft. of Type A surface restoration (paving) . We have already paid Suter Construction for 8,880 sq. ft. of paving in Schedule C of the contract. Change Order 7 originally asked for payment of 8692 sq. ft. of additional paving. Our measurements show that payment for only 6,449 sq. ft. of paving is still due Suter, so I have asked Dan Cook to revise the area on Change Order 7 MEMORANDUM March 17, 1989 Page Z to reflect the amount we found in the field. I have also asked him to use a unit price of $4/sq. ft. instead of $4.18/sq. ft. as used origin- ally in Change Order 7. C. Revised Periodic Pay Request The last pay estimate submitted to the District was partial pay estimate No. 8. This request for payment was submitted in September or October, 1988. It was not paid. This pay request included the original Change Orders 6, 7 and 8. As just mentioned, both Change Orders 6 and 7 are being revised. Change Order 8 was disapproved by the Board. As a result, partial pay estimate No. 8 must also be revised. I have asked Dan Cook to prepare another partial pay estimate that contains the corrected fi- gures. Dan expects to have the pay request dome and delivered to the Board by Monday night's meeting. This pay estimate is not the final pay estimate. There are two items which should be resolved before a final payment is made and all the retainage is released. These items are the well pump and its leaky foot valve and the thickness of the paving. Dan Cook will go through the pavement weight tickets and report back to us about how much material was delivered. If the revised partial pay estimate is paid, the District will still have $41,071.00 in retainage, which should adequately cover our interests in the pump and paving. AJH/st TERRANCE E. L N ELL &ASSOCI TES, ENG o-, %I,171-L"'tf?ICIi Gt I1,;,1Iff711fs 4230 FOCKLLN RCAO ! SL�17r ?-A / n-0. BOX i17/ ROCKL IN, CAUFOR IA 9 .77 March 8, 1989 Dan Cook Cook Associates 2060 Park Avenue Droville, CA 950,66 RE: Audit, Hirschdale Water System Rehabi Citation Construction Contract Dear Dan: On February 22, 1989, I ;,yet with the Truckee Donner Public Utility District Board of Directors to discuss our audit report dated Feb 10 , 1989. The District advised me that they mailed a copy of the report to you. As stated in our report, and as discussed with the Board, our audit was based on a review of the project records as given to us by you and the District, and on discussions with you and others. Based can the information we have, we were not able to answer all of their questions. The Board asked me to write to you to see if, perchance, you have additional information or can remember why certain actions were taken. The Board reviewed a draft of this letter on March 6, and on March 7, Pat Seal ton met with Peter Hol zmei ster and Andy Hyde to finalize the questions. 1 would appreciate your answers to the following questions . Al so, any additional information you can offer would be appreciated. 1 . Concern was expressed as to why it took so long to decide what to do when the first well did not provide the required eater quantity. a. What information did you use in your original design to believe that the primary well site world provide the required quantity? b. Why was an alternate well site not selected prior to well drilling? Dan Cook March 8. 1989 page 2 2. a. For Contract Change Order Number 1 , was a price adjustment calculation done in accordance with section 4-1 .03(b) of the Standard Specification for the quantity in excess of 125,110 of the hid quantity? If so, please give us a copy of the calculation. b. If the calculation was not performed, why not? c. How was the price of $26.50 a linear foot for the unit price between 500 and 700-feet of depth determined? 3. Change Order Numbers 2, 4, and 6 each contain a request for payment to the contractor for work done on the access road to the tank site and new well site. a. please provide a narrative explanation of why the District should pay these costs. Please provide copies of Extra Mork Order Tags 1, 2, and 3 (the draft final report you gave us did not include copies of these tags) . b. Please explain how the payment amount of CCO 4 was determined. C . i . Since the contractor was required to construct the water tank at a site along the "Forest Trail " ( wordi na from CCO 4) , did you expect that the contractor would do some improvement work to the Forest Trail to facilitate his use of the road? ii . If not, please explain why. iii . If yes, how much work did you expect and was the estimated cost of that work considered as a credit to the District in one of the Contract Change Orders? Please explain. 4. Contract Change Order Number 6 specifically mentions the "deletion of the access road paving" and provides a credit to the District for deleting this item. The cost to grade the access road was included in the bid price for item Number C-2. a. Was the District given credit for the deletion of the access road grading? b. If yes, please explain how and where this was done. C. If no, please explain why. Dan Cook . March 8, $989 page 3 5. Accompanying CCO 5 are copies of band written notes that indicate that "3/4 base" , "sand" , and "drain rock" were obtained from the Dearman Fit. a. What were these materials used for? b. Did these materials meet the specifications for the intended purpose? Please explain. C. Did the cost of $2.50/ton for the Dearman Pit material include the cost of labor and equipment to load the material at the pit? 6. Explain the details of the backfi l l in Rivara' s easement. Was the entire trench backfilled with sand? 7. There was considerable discussion by the District Board about the significant increase in item C-12 "Type "A" Trench and Surface Restoration", Change Order Number 7. a. Why was not all of the increase in quantity above the bid quantity of 6500 square feet included in the change order as an increase? b. Why should the District pay for more than the minimum square footage spelled out on your standard detail for surface restoration? C. Why is the unit price for paving $4.18 +/-/square feet in Change Order Number 7 when the bid price is S4.00/square feet? d. A note in the margin of Progress Payment hum!�er 4 states "Adjusted unit prices per CCO 3" and shows $4.40 for item C-12, please explain how this amount was determined. Also, please explain %,hy this unit price was not used (or so it seems) . 8. Section 9, "Pressure Water Pipe and Fittings" , Special Provisions, page SP-13, requires continuity straps on ductile iron pipe. Your letter of April 19, 1988 (copy attached) told Suter to "Place ductile iron pipe without connecting bonding straps". Why? The district standards also require the straps. Why were the straps on the connection deleted? Please explain . Dan Cook tlarch B, 1939 page 4 9. Please explain what authority you believe rested with you in so far as your authority to order increases in quantities without a contract chance order. 10. Please explain your obligation to inform the Board of changes in a timely manner? 11 . For questions 9 and 10, how did the Board transfer this authority to you? Please explain. Include reference and include copies of written Board directives to you. The District has requested that you respond to me by March 15,1989 so that I may respond to them in time for their next Board meeting, March 20, 1989. Your consideration is appreciated. Very truly yours, Ferry F. Lowell , P.E. TES.:ddt Attachment cc: Board of Directors Peter Hol zmei seer Andy Hy6e 16.023 i C ® 0 ASSOCIATES c�ru���c��r� co�suLr�.�ars fit MM 4M" t110iM �41i i9 Poe April 19, 1988 Joe Suter Joe Suter Construction Co, , Inc. Post Office Box 3000 Truckee, California 95734 Dear Joe: Please let this letter and enclosure confirm the dalates, adds and deviations to the Hirschdale rater System Contract. The changes are as follows : 1 . Use sand as trench backfill# where heeded, instead of cinders, as agreed between the District and ter . Riyara, 2 . Place ductile iron pipe without connecting bonding straps. 3. Place culvert at the access road as staked instead of at the base of the eliminated pumphouse access road, 4 . Well and pumphouso locations are at the tank site,, as staked and as shown on the revised plans. These changes and/or clarifications should now be implemented into the Hirschdale Water System Contract. Additional data is needed on the pump selection, If you should have any questions or comer;;ants, please don't hesitate to call, fie. Very truly yours, COOK ASSOCIATES Sa y W. ippin 8wTlrs Assistant Engineer cct Peter Holzz*ister ® ASSOCIATES = ENGINEER NG CONSUL-TANTS ZW PARK A►'EM X GiOM E.CALMK 14 46"d P40ME H?I V M-a"7 Larch 9, 1989 J Ld Peter Holzmeister - Truckee Bonner Public Utility District - f Post Office Box 309 Truckee, Ca , 95734 Dear Peter : This afternoon we received the March 8, 1969 request for additional information and justifications from Terry Lowell . It is my recollection , that each of the 31 questions asked by Terry were discussed with the Board, Jess , and the People of Hirschdale at one or more of the meetings held in the District office. Many of the questions bring back vivid memories of standing before the Board, feeling like a shuttlecock, with the Contractor at my left rear side and Tony Rivera at my right rear side . The memories are clear and the emotion of the moment is also present in my recollection . Please provide zee with copies of the Minutes for the above noted meetings so that I may be able to minimize the time spent researching and duplicating the project record , The Minutes will /may answer several of the questions and the tape of the meetings may answer almost all of the questions. Peter , as you know, our agreement with the District for construction related services like this is hourly without a limit . l need to know from you how much time you want me to spend on the narrative answers to the rhetorical tyPe questions. I am willing to write out and expand in substantial detail all of the verbal exchanges referenced above. t7l W I : . The expenditure in time and money may be a good investment for the project record that could be used as a complete stand-alone exhibit in the Arbitration Hearing requested b the Contractor , �' x. � Please rush the Minutes and your instructions . Very truly yours , � i COOK ASSOCIATES i DJC: nj Dan J. Cook Civil Engineer f �jj Truckee Donner Public V tilit y strict?i Post Office Box 309 • 11570 Donner Pass toad • Truckee, California 95734 (916) 587-3896 March 14, 1989 Mr. Dan Cook Cook Associates , Inc. 2060 Park Avenue ©roville , CA 95966 Dear Dan : I received your letter of March 9 , 1989 with peter Holzmeister. I would like to take this opportunity to offer a response , since 1 am the ]director who first expressed the need to con— duct this audit . We believe that you should respond to Terry Lawel.lts letter with brief succinct answers so that the Directors can make informed decisions to close out the project . Since the information needed to respond to ?fir . Lowell ' s letter should be readily available to you in the project files , we would not expect you to find it necessary to bill us for your time to prepare the responses . We expect the responses to be sent promptly to Mr . Lowell or you should plan on appearing personally before the Board of Directors to give your response verb ally . Very truly yours , �.mes A. Maass President PLH/mgcm Truckee Donner Public Utility District Post Office Sox 3D9 * 11570 Donner Pass Road • Truckee, California 95734 (916)587-3896 March 15, 1989 Dan Cook COOK ASSOCIATES 2060 Sark Avenue Rroville, CA 95966 v Subject: H-IRSCHDALE WATER SYSTEM REHABILITATION PROJECT Dear Dan: Enclosed herewith are copies of all the minutes of Board meetings held between August, 1987 and January, 1989 that our records show the Board took some action regarding the Hirschdale project. We believe that you already have most if not all of these minutes in your records, but we send them to you now in response to your letter of March 9, 1989. Very truly yours, Andrew J. Hyde, P.E. District Civil Engineer AJ1:/st cc: Peter Holzmeister, General Manager RESOLUTION NO. 8907 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING PURCHASE OF FARMERS HOME ADMINISTRATION LOANS BY MEANS OF AN INTERNAL LOAN WHEREAS, the Truckee Donner Public Utility District has two outstanding loans from the Farmers Horne Administration, the 1977 Promissory Note which has a present balance of $227,760. 89 and the 1980-1 Water Revenue Bond, which has an outstanding balance of $290, 000; and WHEREAS, the Farmers Home Administration is offering a discount purchase program which will allow the District to purchase the loans at a substantial discount; and WHEREAS, the District has determined that purchasing these loans would be economically beneficial to the District; and WHEREAS, if funds on hand accumulated through operations are used to purchase these loans, the District will realize a larger discount than if the loans are purchased through tax-exempt borrowing; and WHEREAS, an economical source of tax-exempt funds has not been found; and WHEREAS, the 1977 Promissory Note Reserve Fund, in the approximate amount of $10, 3601 and the 1980-1 Water Revenue Bond Reserve Fund, in the approximate amount of $11, 580, are available for use toward the purchase of these loans; and WHEREAS, the District has funds on hand, known as the "Dart Funds, " which were accumulated for the purpose of funding capital improvements to the water distribution system serving the Tahoe Donner Subdivision of Truckee; and WHEREAS, the District has determined that an adequate water source currently exists for the Tahoe Donner Subdivision, and that the capital improvement that will need to be undertaken with the "Dart Funds, " a pump station upgrade, will not be required for approximately thirteen years, and as a result, the "Dart Funds" are available for an internal loan for that period of time, and WHEREAS, the "Dart Funds" are currently invested by the District . in the Local Agency Investment Fund; and WHEREAS, the District has, pursuant to the Board' s approval, made a good faith deposit of $25,888 . 04 with the Farmers Home Administration, to be applied to the purchase price of the loans; NOW, THEREFORE, BE 1T RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: (1) The "Dart Funds, " in the approximate amount of $318 , 000 and all interest earned on such funds, shall hereafter be termed the "Tahoe Donner water system fund, " and (2) The District shall purchase the loans referred to above, using an approximate discount rate of 11%, with a closing date as agreed upon by the District and the Farmers Home Administration, but in any event, no later than May 9, 1989 ; (3) The District shall fund the purchase by use of the 1977 Promissory Note and 1980-1 Water Revenue Bond reserve funds and through an internal loan against the Tahoe Donner Upgrade Fund, shall pay interest into such fund at the average effective yield paid by the Local Agency Investment Fund during the previous six months, and will repay principal from such fund in semi-annual installments of $17, 000 on March 1 and September 1 of each year, with all principal and interest due and payable thirteen years from the date of the closing of such loan purchase. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Truckee Donner Public Utility District duly called and held in said District on the 20th day of March, 1989 by the following roll call vote: AYES: Aguera, Corbett, Sutton, White and Maass. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT BY J _ bs A. Maass, President ATTEST;,-' Susan M. Craig, Deputy` istrict Clerk . smc RESOLUTION NO. 8908 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE EXECUTION OF AN ANNUAL DISPLAY A€9VERTISING CONTRACT WITH THE SIERRA SUN BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the Board of Directors does hereby authorize the President of the Board to execute an Annual Display Advertising Contract between the Truckee Donner Public Utility District and the Sierra Sun. 2 . That the Clerk is hereby directed to attach a copy of the contract to this resolution. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly called and held within said District on the 20th day of March, 1989 by the following roll call vote: AYES: Aguera, Corbett, Sutton, White and Maass. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By ` J mes A. Maass, President ATTEST.-: ' Susan M. Craig, Deputy$,"b istrict Clerk smc Ste Sun a4nnuaI Di8pl8y dvert s r cg Contract The Sierra Sun and the undersigned advertiser agree that the Sierra Sun shall provide and the advertiser shall purchase display advertising space in the Sierra Sun upon the following terms and conditions: 1. 'rhe to f this contract shell be twelve (12) months cornmencing .. APril..1.., 1g�9....., and ending i4arCim. ... 19..90-_...unless terminated sooner as hereinafter provided. 2, The advertiser agrees to use a minimum of 4.0....column inches of spore during said period. 3. The advertiser €ees to pay the Sierra Sun of Truckee, California, a gross rate of 5.4.55..for display advertising and a gross rote of S31, . for commercial classified advertising which is dvet. {dyt payable for each month's advertising on th h of the following month. A prompt payment discount of ..119......,.... for display advertising and ........- for commercial classified advertising will be allowed when said advertising charges ore paid by the 13th of the following month, provided the advertiser has no unpaid balance in either display or commercial classified advertising at the €role of billing. Said rate and discount shall also apply to space used over and above she minimum space. a. Display advertisers using commercial classified advertising will find credit for inches used by multiplying those inches by .657_ Commercial classified advertisers using display column inches multiply those inches by 1.5 to find their inch credit_ 5. if the advertiser foils to use the minimum contract space during the period of the contract, the advertiser shall pay upon demand for all the advertising published during said period on additional fifteen cents (15c) per column inch over and above the amounts provided in Paragraph 3 above. 6. If the advertiser foils to pay any amounts due hereunder or if any guarantor signatory hereto gives notice of termination of its guarantee obligation as hereinafter provided the Sierra Sun may terminate this contract forthwith without notice %. the advertiser and the advertiser shop pay for advertising to date of termination at the rates set forth in Paragraphs 3 and 5. 7. Advertiser's business location is..Donner..Pass.Rd,..-r ruckee.,...•............................... S. All advertising shalt be placed by the advertiser acting through, -P.e,t,e HO1.zme. .. te7' or his designated representative. 9. The advertiser shall abide by the general conditions for oil advertisers relative to deadlines and mechanical requirements as established by the Sierra Sun. 10. The advertiser agrees that the Sierra Sun shall acquire and retain title to any advertisement or portion thereof produced by or published in the Sierra Sun. • 11. Any notice to be given hereunder may be hand delivered or given by United States mail postage prepaid addressed to the addressees given below, 12. if legal action is instituted by Sierra Sun to enforce this contract, the advertiser agrees to pay reasonable attorney fees fixed by the court fcr the services of Sierra Sun. 13. Neither party to this agreement shall be bound to perform for any portion of this contract during which its performance is prevented by fire, flood, labor disputes or similar conditions beyond the control of the parties. If such performance is so prevented for a period of one week the contract -shall be extended to cover such period, but if such performonce is prevented for longer than said period, either party hereto may ter- minate the contract by notice to the other and the advertiser in event of such termination, shall pay for the advertising to date of termination of the rate set forth in Paragraph 3. Date.KArfllh..91...1989............<....... By............................................... TCk. ..�0 .8 °..P..U. 9�.......... (Publisher)(Advert-sing Director',. (Corporation)(Partnership) (Sole Proprietorship) $"".w5an..A....Kokenge..................... ................................ ..... (Salesperson) (President)(Partner)(Owner) Advertiser..Truckee Donner..P..U.D... Mount Rose Publishing Co. Address.. .�It-.0'..•-'QX-•309.............. Tahoe World ® Sierra Sun ...TruqXee..CAe............. zip 957.34... P.O.Box 138 Y P.O.Box 2973 Tahoe City,CA 95730 s Truckee,CA 95734 Phone.........................