 I think we need to wait until this is resolved. So it's not. I'm not. I'm not a line. It's not me. I'm not a line at all, it's not me. That could be me. It kind of shows like that. I think that was me. I'm sorry. Okay, call to order this meeting of the Salarons of call to order this meeting of the San Lorenzo Valley Water District Board of Directors. Will the Secretary please call the roll? President Hill? Here. Director Falls? Here. Director Mayhood? Here. Director Smalley? Here. And Vice President Ackman is not here this evening but she said it was planned to absence. Okay, so we need to have a quick ball to excuse Vice President Ackman, can you call a roll for that? Okay, President Hill? Yes. Director Falls? Yes. Director Mayhood? Yes. Director Smalley? Yes. Okay, the absence is excused. Okay, are there any changes to the closed session agenda? Seeing none. Hearing none. Moving on. Any oral communications regarding items of the closed session agenda? Mr. Holloway? Hi, I'm Bruce Holloway and I'm a military. So this is a second meeting in a row with no financial information on the agenda. And I guess what I said last time was I don't think the general manager is meeting the job requirement if there's no financial information on the agenda. And I tried to describe how it used to be when there were two meetings a month and on the second meeting of the month is when the liquid assets were presented because those statements come at the end of the month. So by the second meeting of a month, they're all then received and they should be available. Some of the things that you would see if you saw the liquid assets would be, you know, the interest rate on the county investment pool. This was discussed in the finance committee last week, but it seems like people don't know what it was paying in February. But that's one of the things that you would know if you have the monthly statement for the county investment pool. Also, Laef is paying a little bit better or in December is paying better than the county investment pool. I don't know what the rate is for February, but if there was a statement for February, you can see it. You'd also know that today that the Treasury Bill is maturing in April. I think there's one. So there's useful information in these monthly statements. And I feel that the board could be doing its proper oversight role. You need to be looking at these statements monthly. So I had the records request, so hopefully I will learn what the February statements say. But there's really no reason why I should be able to know that if not the whole board. And I'm going to continue to make records requests on a monthly basis. And so everybody agrees that this is what the board needs to be aware of. Another thing about the monthly statements is I don't think this would involve any finance personnel. You wouldn't have to pay your contract to do this because I think all the statements are being received by the district, either by US mail or by email. They're just simply statements that are being received. All you have to do is print them out and put them in a packet. It doesn't require anything of the finance department. But it seems to me that it's a responsibility of the general manager to report that to the board. So I'm disappointed at what I saw tonight. And I don't think it should continue. And I think you should make it clear the general manager. Thank you. Okay. Seeing no other comments, we will adjourn the closed session. We're back in an hour of CTV. You give me this in. Okay. It is 6.30. We'll call the meeting back to order. We have no actions from the closed session to report. So we will move on to any changes in the agenda. Item number seven. We need to take roll call again. I don't know. Do we need to take roll call again? Yes, okay. Please take roll it. President Hill? Here. Director Falls? Here. Director Mayhood? Here. Director Smalley? Here. And Director Ackman is absent and excused. Okay. So yes, President, I would like to pull item 10C from tonight's agenda, the wholesale intertie rates. And we'll bring it up in April 4th. Thank you. Okay. Moral communications. This portion of the agenda is reserved for all communications by the public on any subject that lies within the jurisdiction of the district. And it's not on the agenda. Any person may address the board of directors at this time. Normally presentations must not exceed three minutes of length. That individuals may speak only once. Please understand that the Brown Act limits what the board can do regarding issues not on the agenda. No action or discussion may occur on issues outside of those already listed on today's agenda. Any director may request that a matter raised on oral communications be placed on a future agenda. Mr. Holloway? I'm Bruce Holloway from Boulder Creek. And I don't see the district council on the screen. So I'm just curious. Is there a district council in attendance at this meeting? She is in attendance. I don't see that she has been promoted. But because she is a public participant right now. CTV, can we please make part of, excuse me, Barbara Brenner, a panelist. Good evening. Hello. Good evening Barbara. Thank you. Hey, unfinished business. There is none. No business. The 2021 CIP Pipeline replacement project. Thank you president. So, Garrett, I'm going to present that to you. Yes. So we have a lot of change orders from the contractor full of 24 requests at this time. We've reviewed, we've rejected one of the change orders. So we're bringing to you tonight. Change orders 9, 10, 11, 12, 13, 14, 15 and 16 for approval to the construction contract with JMD construction. The project has had some delays. The original award was in August of 2022. And we had a 284 day delayed due to materials and not being able to get the material. And then we had to add a mixer to the Blue Ridge tank. That was another delay. I'm happy to report that we've received the mixer. The mixer is installed and Blue Ridge tank is in service at this time. So we have consultants that are assisting the district with this project. One of the consultants is 360 PSM. They're providing certified payroll and labor compliance services for the district. And so we're looking for an amended and restated professional service agreement with 360 PSM to finish off the job. We're looking for an amended and restated professional service agreement with the engineer record, Sandis. So once we're done with all the construction work, Sandis will do a final site visit among the sites and help us in preparation of any punchless items that the contractor needs to fix prior to final payment. And they will issue a letter indicating that the construction is in conformance with the design intent and the design documents. We also have a professional service agreement with MME. And they're providing construction management services for the Blue Ridge tank site exclusively. After the passing in of my predecessor, there was a scramble to get additional assistance on some of these construction projects that were already under contract. And so MME was brought in to assist with the Blue Ridge Tank project. And with that, I'd like to take any questions that you have. So looking at this project and also the other one that you have up there, I noticed that a fair number of these changes were things like we were going to put the pipe here. And when we actually dug it up, we found that the pipe was over there, or there wasn't a pipe, or there was a hole in the ground or something. How are we validating where the existing infrastructure is on the plans before we get into the position where the contractor is digging a hole in the ground and finds that there's either no pipe or the pipe is 40 feet down the road or something like that? What are we using to validate where this infrastructure is? So typically, we will hire a consultant, a design engineer to prepare the plans. And they would ask for records from the district that we have. And so we would supply them with any information we have on our existing pipe plans. Okay. Are they also going to the county and for things? I mean, some of this was not necessarily our pipeline. It was some other thing. So I assume they must be going to the county for those. I'm not aware that they go to the county for information. A lot of times the surveyor will call a utility locator and they'll mark all the underground utilities. And then that will be included in the survey. Okay. Yeah. Thank you. Do you have any questions on this one? You know, I have a few and I appreciate you going through some of the background. Some of that, I would encourage you to go ahead and put in the narrative. I'm assuming this is the Altaville project then? We're talking about the 2021 CIP project. So that includes the Blue Ridge Tank. And Altaville. It includes Orman Road. It includes Zion Drive. It includes Hermosa Avenue. And it includes Winnie the Woods. And it was okay. The Altaville. You said there were 24 change order requests. Part of what I'm trying to do here is get a sense of what the total amount of money that's involved in those 24 requests, because we don't have all of them in front of us here. And I'm trying to relate that to the, I believe it was a 10% contingency we had on this. And that 10% was for the entire project, including all the consultants, or just for the construction. So the 10% contingency was included in the construction base. So basically up to almost $500,000. Correct. The bid I think was four and a half million. So it would be 450,000. I'm not sure where we are here, but it says right here 4.964 million. So not to exceed contracts. So that included the contingency. So on August 18th, 2022, the board awarded the contracts and the bid amount of $5,023,380, which included a 10% contingency. So without the contingency, it was four and a half million. So I might be getting lost here in terms of the history, but I'm looking here at the change orders would increase the not to exceed contract from 4.9 million to 5.1 million. Correct. So the contractors are authorized to spend a 10% contingency until we have a signed agreement that he can spend portions of that 10% contingency. So there's actually bid line items. And if you add up all the line items for the hydrant or the pie or the connections for all the items contained in the bid, that was only four and a half million. So what's the 4.964 million relative to the numbers you talked about earlier? So we've already approved change orders for the mixer. That was about $40,000 and other change orders up to change order six. I'm sorry, change order eight, my bad. Okay. So we've already basically incurred $500,000 more or less of change orders on this project. And now we have another set of change orders that we're going to do, which will go over that 10% contingency that we're talking about. Correct. Okay. Got it. Are the consulting agreement extensions due to the delay in the start of the project, and the fact that we're now going longer? And wouldn't the consultants start when the project actually starts? So I'm not exactly sure how that lines up. You're correct. The consultants start when the construction starts. We are anticipating that construction would be completed in November of 2023. However, we had delays, for instance, the mixer we didn't receive until March of 2024. So we have weekly meetings with the contractor. And with the consultant, we still get monthly progress payments from the contractor. And all those are subject to review by the consultants and comment. We have some middles or RFIs that would go to the construction manager and into the engineer record for the progress payments, they have to have certified payroll to show that they're meeting the requirements for that before we can issue the progress payment. So of the, so what is the total number out of the change orders one to 24? What's that? The total request from the contractor is over $800,000. Okay. It seems to me that most of this is work that wasn't anticipated or work that we thought it was going to be. I have a couple more questions. Sorry. The storm drain. That would be a county storm drain? Or is that a private road storm drain? Oh, the drainage manifold. Is that what you're talking about? The Blue Ridge tank storm drain. Change orders. Oh, okay. So that one is, so there's an existing, there was an existing. Is that a county storm drain or a private storm drain? There was no storm drain. There was no. So is it an accounting road or a private road? I believe it is a private road. All right. And the Blue Ridge retaining wall. Was that just a design issue that was missed? That's a pretty substantial number. Correct. So the neighbor, the neighbor's thanks and propane tank are necessitating the I get why that was not caught during the design phase. It's correct. Okay. Yeah, I mean, I, Brian, you're more probably have more expertise in this. Well, what would be sort of a normal range of change order percent is 10% 20%. I'm just, you know, what would we expect to look at on a complex type project? Especially in our area. Especially in our area with the general lack of hard inventory information, narrow roadways, you know, all the other things going on. I don't think, I don't think 15% is unusual. Okay. So 750 on the contract. I don't think that that's unusual given as much as we have here. Yeah. And so we're about in that range. So far as something we don't have any more change orders, are they looking at more change orders? We are very close to finishing with the construction. It is my goal to deny change orders whenever possible. Okay, well, I mean, if it's for some of these things, we can't because fair is fair. I mean, if you know, yeah, okay, I appreciate that background, because that's and Brian, you would agree with that that 15% is probably, I've seen him go, you know, I've seen him go much higher. It really depends on the project. You know, a big project, that's kind of getting, you know, depends. But yeah, I mean, they, it varies. And you know, remember, there's been change over. Yeah, no, I guess I kind of view this as there's a lot of house claiming and they just point out some things that are put right as we had expired contracts that were still paying off, hence they're called amended to restate it, which is why Barbara can chime in here. But that's why I guided Garrett to do them that way, because then you pick up and you say that it's deemed to have commenced at the beginning of the contract and you don't lose your continuity. So we had to do that in two places. And in one place, he never had really a contract, there wasn't an agreement, it was just signed the consultants agreement, which is, I've learned that's always a no, no, we have this harvest created templates for us that had been reviewed. That's what we follow. That's exactly what I wanted to hear. So in other words, this is, this is so we're having $78,000 plus worth of house keeping. Okay. On a very large project. Okay, great. I really appreciate the template, the focus on cleaning things up, putting in processes and standard that all that stuff music to my ears. So thank you, Brian, for that. Thanks. I've got, I think just a couple of questions on the retaining wall. The propane tank and the fence were there before we came there. So shouldn't our engineer design firm have picked those up? Or did something change in the field? They're showing all the survey. Yeah. And they're not accounted for in the design. Okay. Did, um, Sandus come back with a change order to make those changes then? At no cost? Well, that's where I'm going. They missed it. Were they trying to, and it wasn't clear to me in their change order whether they were, oh, and here's additional money for the design of that. The design changes. They are seeking additional compensation for design of the retaining wall. Okay. No. No. Okay. Is that part of this package? It is. That you put in front of us. Okay. It wasn't clear to me that that was part of that package. No, um, to that. Well, I mean, I have, look, how much, how much is that redesigned? Because it's 81, it's 82,000 and they're retaining wall. I'm not concerned about the contractor's cost. No, I know because they're not, because they're not the ones, but the design firm, I feel is. Well, that could be a default for the 82,000. Because I've never been, I've never been able to get that out of a design firm for their errors and emissions. But for that, I don't, I don't know if I need to know the answer to that right now. But I guess Bob asked that question. Anyway, perhaps we could finish up with questions. Yes. Yes. The memo, it was a good memo. He had, I think, sufficient descriptions and details in this. I like the way that, that you put all of that together. I appreciate the fact that you mentioned that you were rejecting one of their change orders for 22,000. You didn't have to tell us that, but that to me is showing, okay, yes, I am doing what I can to refute any of those. Okay. It was that retaining wall that, and, and Sandus's performance or lack thereof in that. Okay. That's the questions I have. No, I have nothing to add. So if I, I will respond to the question, I would, there's a couple of different ways to frame this is, yeah, consultants make mistakes. And it's quite common that you end up, they missed it, but you're in and paying for their time to fix it because they are working, they are basically burning by the hour. You know, you're paying them by the hour. That's the consultant's point of view. The other thing is, remember a lot of this stuff happened. Can't really say, I mean, I'm not, I don't want to defer blame, but it's like, we were trying to, this is a cleanup effort. And if we go picking at small amounts of money, we've got a lot of fish to fry, a lot of big projects. We've got millions of dollars we need to spend on cap improvement. And yeah, it's unfortunate. I went, I do encourage Garrett. I can attest it a lot of times. He doesn't want to fly to contract or un-changer. I said, oh no, you have grounds, you fly them. And that's, that's where you can fly. You know, we fight where we can and we're, and here's the other fight. The bigger fight is do you hire that consultant the next time around? Sandus has done work for us. We're gonna hire Sandus again. I fully expect it. Um, maybe not. They won't keep one to have lunch with me. Um, okay. And um, it's not, in other words, what I'm saying is, is that doesn't go unnoticed. They've done other good work for the district, um, in terms of their engineering. Yeah. Um, clearly. Yeah. Yes. Uh, including that. Uh, so I respect most of what they do, but, okay, I understand what you're saying, Brian. I'm just zooming out a little bit and saying, yes, it doesn't go unnoticed. And, and my philosophy is, I said it today in a meeting, it's mistakes happen. And then I say, okay, how do we get better and not make the mistake? I don't, I'm not into blaming. I'm not into pointing, flavoring a mistake. It's just like, okay, what do we do to, sort of, when we go forward, we step better. So that's why, and yeah, this is messy. It happens a lot in public contracts. Um, do I like it? No. Um, and unfortunately, unfortunately, sometimes it is the way it is because that is a game that contractors play too. It's like they did what's on the plans and they know it's like they forgot that, they forgot that and they know there's their profit. They've already, trust me, they're doing it by sticks and stones and adding them up and they know. Yes. It's not the contractor in this case that I was questioning. Well, the contractor. Yeah, I already get this one too for a number of reasons because, um, you know, the propane tank's actually encroaching on our property and I was like, well, then move the propane tank. Yeah. That was my first response. Yep. Apparently that wasn't, you know, it didn't work out and, you know, if I send James and Garrett up there to fix it and it's like they still come back with the same answer that I'm not gonna. Right. I'm not gonna argue with them. It's just, okay, let's move on. You know, we tried to fix it. We tried to lower the price because I'm just looking at it from the, like, again, zooming out saying, yeah, 80 grand won't, and we even tried to get the price down on that. We tried to use a different style of construction and it's like all said and done, it wasn't gonna save any money and we couldn't get the, we couldn't get the vehicle up there to do it a different way. It wouldn't, it would have been too hard to get the rig up there to do it, like with journal piles. So, great. I'm not questioning the, the means and methods. Yeah. Of how you did it simply. Sandises. Yeah. Right. They dropped the ball and I've seen it plenty of times before and it's like to go back to a consultant and say, yeah, don't, sometimes on a big thing, it's like if it's August and I was there and I was intimately involved with it, I certainly could call them on it. Right. I don't think I'm in that position because I don't know who said to who, when, and how it got missed. But like I said, I mean, I'm just giving you the overview of the, like, we did consider other methods and means, not that it doesn't need to be part of this discussion, but I'm always looking at, okay, $80,000, how can it be $40,000 or not at all? It's like, okay, I can't erase it, so I'll just live with it. But that would be a hell of a propane tank for $80,000. Yeah, I mean, right. That's like, really? I moved my tank for that. Sure. For that. Yeah. Well, okay. Okay. So, quick question here. Do we want to vote on each one of these separately or no? No, thank you. So, let's move on to Lion Big Steel. Sorry, we have to vote on this agenda. And we have to go after the public. Yes, but we don't want to vote on each change order individually. I thought that was your question, also, Jeff. No. Okay. So, let me make a motion then. Yes. Before we go up, the Board of Dricks, the General Manager to Execute, Change Orders for JMB Construction, 360 PSM, Sandus Engineers, MME, as stated in the meeting minutes for March 21st to 24th on pages five and six of the memo. A second. Okay. Comments from the public. I see no hands up online. We have no comments in the room. Okay. President Hill. Yes. Director Falls. Yes. I'm sorry. Yes. Yes. Director Mayhood. Yes. Director Smalley. Yes. Okay. Moving on. Item 10B, Lion Big Steel Project, Change Orders. Okay. Sorry. It's going to let him. So, we are proceeding with the Lion Big Steel Project. We are filling the lines right now. Pressure testing and disinfecting. Getting ready to put the new lines in service. The contractor has submitted Change Orders for consideration. District staff has reviewed the Change Orders and recommends payment to MPE, as stated in the meeting. I'll take any questions that you have. Does this wrap up this project Change Orders? It does not. What's the total amount that we're requesting? There are two additional Change Orders that we're in negotiation on and the contractor is revising the pricing for district comments. So, we're awaiting those documents. What was the original request? Total. So, ballpark number. Yeah, ballpark number. Yeah, it doesn't have to be exact. The total amount? Ballpark. $100,000 total. Okay. Great thing. I do have a couple of other questions. Bob, where are you today? Oh, are you still? I would comment that if you're negotiating with them and they came in at this and you're now down at this, just tell us that in the memo. The next one that comes through on this? Sure. Okay, that's it. Any questions? Yeah, it seems like we might have a similar situation here with a couple of Change Orders that were missed in the design about a fair, I mean a $34,000 one-in-service line is, that's a boy, that's a, I want that service line in my place. Yeah, that was unfortunate. So that was missed in the plans. There's a ranch, the Yondi Ranch very close to our tank site and we have run a cross-country pipeline after the fire through their orchard and they're connected through their backyard essentially off that above ground emergency pipeline. And so part of this project with the new pipeline we're installing a meter on the highway on Big Basin and then it's 460 feet up their driveway to where the connection is being made to the existing bombing. Do they have a long, long agreement with us? Well, the meter is actually going to be on in the right of way. So it's all on the customer side where we're doing this 460 feet of trenching. We're using the bid item price that's provided by the contractor, the low bid line item. So I guess I'm not sure I understand this. So we provided the connection from the meter to their house. Correct. And that was because, I mean what did they have prior to the fire? I'm not sure what they had prior to the fire. Interesting. How do you know? Their service line came from like a line plant directly across the creek and then downhill. Okay, well that would be a historical legacy item. That line melted during the fire. Yeah, of course. Yeah, we ran another one temporary for them as well. Okay, so basically what we're doing there is we're making this a real connection to a real meter in the real right of way. And because of that, we had to eat the cost of their connection to the house. Correct. Okay, sounds reasonable to me. Yeah, I understand. And then the other one was a lateral under a resonance. That's very special. Okay, that's also legacy. I'm sure historical and all the rest of it. Okay. All right, great. Thanks. Any questions? I do want to comment on the good description detail backup materials on all of that. And the fact that we require the contractor to provide bid per foot items that you're able to then reference then for we need 460 feet of line. It's this much? Yes, good way to get that pricing up and up ahead of time. So, continue. I have to say though, a one inch line for 500 feet, that's a lot of friction and pressure with protection. Okay, they must be in a great pressure zone because in my place, even a hundred feet, I had no pressure. So anyway, good for them. Okay. I'll make a motion that the board directs the interim general manager to execute contract change orders one, two, four and five for payment to moderate peninsula engineering for the lion and big still zone pipeline projects to the sum of 70,334 dollars increasing the not to exceed contract from 6,233,100 to 6,303,434. I'll suck that. For the participants. I don't see anyone online. Mr. Holloway can I have a comment? I noticed that almost all the questions came from the two members of the finance committee. I mean, the engineering committee. No, I'm not on the engineering committee. I'm not on the engineering committee. Oh, okay. I missed the meeting that's going to start in zero. So both of the last two items that said no committee action. And I guess I continue not to understand what the committees are for. Thank you. Okay. So President Hill. Yes. Director Falls. Yes. Director Mayhoy. Yes. Director Smalley. Yes. Motion passes. Okay. The next item has been withdrawn. So we are now to the consent agenda. I don't see anyone requesting anything from the consent agenda. Do we have district reports? No, it says not here. You don't want to vote on that. I'll need a motion and a second. A motion on the consent agenda. And also you have to ask the public if they want to comment on that consent agenda. Okay. So on the consent agenda. I move the consent agenda. Okay. I'll second that. Okay. Any comments from the public? Seeing no comments. Can we have a vote? President Hill. Yes. Director Falls. Yes. Director Mayhoy. Yes. Director Smalley. Yes. Motion passes. Okay. I see we have no district reports. No written communications. There's information material. The Smigwa 2023 independent auditor's report. Does anyone have a comment on that? Then I think we can adjourn. Okay. Thank you. Thank you, ZTV. Seven and five adjourned. Thank you. Thank you.