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AP 12-06-12 gOVTH TANOI�` ,;8lti0 � ' _ �f t A(�e�h'er • 7 950 ' �s�� I/TILITY D�S'� SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, December 6, 2012 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California Richard Solbri , General Mana er Paul Sciuto, Assistant General Mana er . _ . , ,. _ Eric W.Schafer, President BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Rand Vo el esan , Director Kell Sheehan, Director 1. CALL TO ORDER REGULAR MEETING— PLEDGE OF ALLEGIANCE 2. COMMENTS FROM THE AUDIENCE (This is an opportunity for members of the public to address the eoard on any shorf non-agenda items that are within the subject matter jurisdiction of the District. No discussion or action can be taken on matters not listed on the agenda, per the Brown Act. Each member of the public who wishes to comment shall be allotted five minutes,and no more than three individuals shall address the same subject.) 3. PRESENTATION a. 2012 Board President Appreciation 4. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR (For purposes of the Brown Act, all Action and Consent items listed give a brief description of each item of business to be transacted or discussed. Recommendations of the staff,as shown,do not prevent the Board from taking other action.) 5. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately upon request.Comments and questions from members of the public,staff or Board can be taken when the comment does not necessitate separate action.) 6. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION / ACTION 7. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION ' a. Request to Appear Before the Board Consider Customer's Request to Received from Jennifer Lukins, Lukins Brothers Reduce or Eliminate the Quarterly Water Company, Concerning Quarterly Charge Charge for Intertie Opening for TJ Maxx (Tim Bledsoe,Customer Service Manager) REGULAR BOARD MEETING AGENDA-DECEMBER 6, 2012 PAGE-2 b. Self-Insured Dental Plan Renewal (1) Approve Renewal of Self- (Nancy Hussmann, Human Resources Director) Insured Dental Plan, with a Funding Level of $1 18.62 per Employee per 'I Month; and (2) Approve Dental COBRA Rates of$64.54 Single, $129.30 Employee + 1, and $219.81 Family c. Dental Insurance Plan Document Approve Dental Insurance Plan (Nancy Hussmann, Human Resources Director) Document to be Effective January 1, 2013 d. BB8�H Benefit Designs Contract Approve Change in Contract to (Nancy Hussmann, Human Resources Director) Provide Dental Consulting and General Medical Consulting at a Rate of $2 per Employee per Month e. Scheduled Capacity Charge Increases Direct Staff (Paul Hughes,Chief Financial O�cer) f. Payment of Claims Approve Payment in the Amount of $1,909,974.15 8. STANDING COMMITTEE REPORTS (Discussions may take place; however, no action will be taken) a. Water 8� Wastewater Operations Committee Meeting of 12/03/12 (Jones/Vogelgesang ) 9. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 10. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT 11. GENERAL MANAGER REPORT(S) (Discussions may fiake place; however, no action will be taken.) 12. STAFF / ATTORNEY REPORT(S) (Discussions may take place; however, no action will be taken.) a. EI Dorado Avenue Sewer Lateral Issue (rm aiedsoe) � 13. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetings / Events 11/26/12- Finance Committee Meeting 12/03/12-Water and Wastewater Operations Committee Meeting 12/03/12- 12/07/12-ACWA Fall Conference Future Meetings / Events 12/03/12- 12/07/12-ACWA Fall Conference 12/12/12- 10:00 a.m.- EI Dorado County Water Agency Meeting in Shingle Springs 12/20/12-2:00 p.m.-STPUD Regular Board Meeting at District 12/24/12- District Office Closed (Union's Christmas Eve Holiday) 12/25/12- District Office Closed (Christmas Holiday) REGULAR BOARD MEETING AGENDA-DECEMBER 6, 2012 PAGE-3 14. CLOSED SESSION (The Board will adjourn to Closed Session to discuss items identified below. Closed Session is not open to the public; however, an opportunity will be provided at this time if members of the public would like to comment on any item listed.Three minute limit.) a, Pursuant to Government Code Section 54956.9�b)/Conference with Legal Counsel- Anticipated Litigation (one case) b. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District 15. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16. ADJOURNMENT (To the next regular meeting, December 20, 2012, at 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month.A complete agenda packet,including all backup information is available for review at the meeting and at the District office during the hours of 8:00 a.m.-5:00 p.m., Monday through Friday. A recording of the meeting is retained for 30 ', days affer minutes of the meeting have been approved. 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, but may occur slightly later than the specified time. 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. Please provide the Clerk of the Board with a copy of all written material presented at the meeting.Comments on items not on the agenda can be heard during "Comments from the Audience;" however,action cannot be taken on items not on the agenda. Backup materials relating to an open session item on this agenda,which are not included with the Board packet,will be made available for public inspection at the same time they are distributed or made available to the Board,and can be viewed at the District office,at the Board meeting,and upon request to the Clerk of the Board. 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 are needed, please contact the Clerk of the Board at (530) 544-6474, extension 6203. All inquiries must be made at least 48 hours in advance of the meeting. g�VTH TANOF �ui� _ - - �.: p� � Cjsswej • 1950 '�Ws�O eL�!1T'ILITY� CONSENT CALENDAR DECEMBER 6, 2012 ITEMS REQUESTED ACTION a. 2012 Water Project BoROwing and Debt Refunding Authorize Chief Financial Officer to (Paul Hughes,Chief Financial Officer) Execute an Engagement Letter with Bartle Welis Associates, in the Amount of$35,000 b. 2012 Asphalt Patching Services (1) Approve the Partial Closeout (Randy Curtis,Manager of Field Operations) Agreement and Release of Claims for D8�L Paving, Inc., and (2) Authorize Staff to File a Notice of Substantial Completion with the EI Dorado County Clerk c. Upper Truckee River Sewer Pipeline Protection Approve Change Order No. 1 to Project Thomas Haen Company, Inc., in the (John Thiel, Principal Engineer) Amount of $10,434.88 d. 2012 Wildwood Waterline and Bal Bijou Waterline Approve Change Order No. 5 to Replacement Thomas Haen Company, Inc., in the (Pete l.avallee, Associate Engineer) Amount of $35,018.85 'I e. Cold Creek Filter Plant and Ralph Tank SEZ (1) Approve Project Closeout Agree- Restoration ment and Release of Claims for V8�C (Julie Ryan) Construction, Inc., and (2) Authorize Staff to File a Notice of Completion with the EI Dorado County Clerk South Tahoe Public Utility District■ 1274 Meadow Crest Drive•South Lake Tahoe,CA 96150 Phone 530.544.6474■ Facsimile 530.541.0614■www.stpud.us General Manager Richard H.5olbrig � • 1950 • w � //�� Director5 O j '� � �� ChriS Cefalu �./� JameS R.JoneS � pu b�i c U ti I i ty D i 5tri ct �"dy Vogelgesang Kelly 5heehan Eric 5chafer 1275 Meaciaw Cr�t Drive•South l.ake Tahoe•CA 96150-740'! I'hone 534 544-6474��ax 530 541-0614•www.stpud.u5 BOARD AGENDA ITEM 5 a. TO: Board of Direcfors FROM: Paul Hughes, Chief Financial Officer MEETING DATE: December 6, 2012 ITEM-PROJECT NAME: 2012 Water Project Borrowing and Debt Refunding REQUESTED BOARD ACTION: Authorize Chief Financial Officer to execute an engagement le#ter with Bartle Wells Associates in the amount of$35,000. DISCUSSION: The current year budget was developed under the assumption of borrowing $5 million for water projects. Due to the City's latest paving priority schedule, the District re-evaluated its waterline replacement schedule. In an effort to match the City's schedule, the State Streeis waterline replacement project and the Sierra Tract Phase 1 waterline replacement project have been moved to the front of the list. The estimated cost of these two projects is $7 million. Staff has analyzed the impact of the revised capital improvement plcrn on the budget and forecast and determined a larger � borrowing of$7 million combined with pos#poning several other waier projects and ��, refinancing previous Water Fund debt is necessary to mitigate the impact. The totol ' estimated borrowing of$10.9 million will refinance prior debt of$3.2 million, fund the projects and the required ann�al reserve at $7.6 million, and cover all issuance costs. The District has a very positive work history and relationship with Reed Schmidt of Barfle Wells Associates, most currently working with the District on the Headworks Project financing and the 2012 refunding of the 2004 Sewer Debt creating substantial savings. Utilizing Bartle Wells Associates as a financiat advisor and working directly with interested financial institutions to achieve individual loan bids, is the most cost-effective approach for a borrowing this size. The District has positive past experience with Barfle Wells Associates and staff is confident in their ability to complete this transaction in a timely, cost-effective manner. Staff will update the Board when estimated or actual financing terms (rates, length) are available. The total estimated cost for all three debt issuances is $120,000 which includes the $35,000 to Bartle Wells Associates. The remaining estimated expenses are for bond counsel, general legal, escrow agent, filing and other miscellaneous fees. The total amount of all expenses will be rolled into the borrowings. . Paul Hughes December 6, 2012 Page 2 I SCHEDULE: Financings estimated to close on March 21, 2013. COSTS: Total issuance costs, including this contract, are estimated at $120,000 and will be rolled into the borrowings. ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Barfer Wells Associates Engagement Letter CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES �� NO CHIEF FINANCIAL OFFICER: YES NO 1889 AlcatrazAvenue BARTLE WELLS ASSOCIATES �ke��y,cA��o� t1VD6F£NDENT PUBLiC FIhiANCE ADV(SORS T;510-653-3�9 www.bartlewells.com November 15,2012 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe,CA 96150 Attention: Paul Hughes,Chief Financial Officer Subject: Water Refunding and New Money Issue for Capital Improvements Bartle Wells Associates is pleased to submit this engagement letter to serve as independent fmancial advisor to the South Tahoe Public Utility Distt-ict on the proposed refundings of the 1999 Installment Sale(Water System Capital Improvement Project)and the 2001 Water Revenue Refunding Bonds and the funding of$7.0 million of new capital improvement projects. BWA's refunding analysis indicates that there could be significant savings to the District if the 1999 Installment Sale is refunded. The 2001 Water Revenue Bonds can be refunded for a small amount of savings. The benefit of refunding the 2041 Water Revenue Bonds is to defease the existing legal covenants and to draft new legal covenants that are favorable to the District. In addition to these refinancings, the District intends to issue $7 million to fund new water capital improvement projects. By conducting the refundings and the new money issue as one transaction,the District will save on issuance costs. BWA's initial financing analysis indicates a II total issue of around$11.0 million. i I ,� BWA has worked on water and sewer fmancial plans for the District and served as the District's financial advisor on several water and sewer borrowings. As independent financial advisors, Bartle Wells Associates does not represent any bank, underwriter, or other lender. We solely represent the interest of our public agency clients throughout the debt issuance process. Scope of Services BWA believes that a private placement or bank loan could provide favorable fmancing for the District. The scope of services and fee described below is for a private placement or bank loan financing. During the start-up phase of the project, BWA will further evaluate a bond fmancing alternative. If bond financing is favorable to the District, BWA will provide an updated �cope of services and fee. Working in cooperation with District staff, BWA will perform the following services in connection with the water financing. Paul Hughes, South Tahoe Public Utility District November 15,2012 Page 2 1. Project Orientation To iniriate our work, hold a telephone conference with District staff to accomplish the following: ■ Identify members of the District's staff, bond counsel, and others who will participate in the fmancing. ■ Determine the roles and responsibilities of all financing participants. ■ Establish fmancing schedule and key milestone dates. ■ Confirm the key goals and expectations of the fmancing team. ■ Compile financial informarion necessary to complete the financing. ■ Discuss District's current 10-year financial plan for the water enterprise and the Board- approved budget. 2. Confirm Financing Method Work with the District's Chief Finance Officer to identify financing priorities and objectives. Confirm that a competitive solicitation of proposals for a private placement or bank loan is the preferable financing method in terms of interest rate, flexibility,terms, and conditions. 3. Determine Financing Structure and Terms Recommend a financing structure and terms based on the District's financial objectives. Identify debt prepayment options and other legal provisions to maximize the District's future financial flexibility. i 4. Solicit Proposals Via a CompetiNve Sale Process �, Establish proposal requirements, provide information to potential lenders, and solicit bids �' from prospective banks and lenders. 5. Evaluate Proposals and Selection of Wining Lender Evaluate the proposals received including any loan provisions and legal requirements submitted by each lender. Account for all costs associated with each financing—including any required loan fees or legal fees—as well as the loan provisions required by each lender. Advise District staff in selecting the most favorable and lowest overall cost. 6. Coordinate Financing Team As needed, assist District in organizing the fmancing team to prepare or review financial agreements and/or issue a legal opinion regarding the tax-exempt status of the debt. (Banks and other lenders have varying documentation requirements; some have standardized legal documents that the District might be able to use. The District will need to engage a bond counsel to draft the loan agreement.) 7. Legal Documentation and Closing Work with the winning lender and/or bond counsel to develop flexible, reasonable, and favorable legal provisions. Review the legal documents used to secure the financing. Participate on the District's behalf in negotiations with winning lender regarding final legal Paul Hughes, South Tahoe Public Utility District November 15,2012 Page 3 covenants and requirements. Work with the winning lender to arrange the closing of the financing and help coordinate the District's receipt of funds, as needed. Additional Services BWA will remain available to provide additional fmancial consulting services as requested by the District. BWA Staff BWA will assign Reed V. Schmidt, a principal consultant, and Alex Handlers, a principal consultant, to the consulting project. Reed and Alex have worked with the District on many occasions since 1993. They are very familiar with the District's finances. Availability and Fees 1. BWA is prepared to begin work upon your authorization to proceed. BWA understands that the majority of work will occur in January through March of 2013. 2. All work will be performed by Bartle Wells Associates. 3. For the services stated above, the fmancial advisory fee is $35,000 excluding d'uect expenses, in accordance with the attached Billing Rate Schedule 2012. The 2012 Billing Rate Schedule will remain in place for the duration of this contract. The fee is comprised of the following elements: �, ■ $25,000 for new money capital improvement projects funding ■ $5,000 for refunding of the 1999 Installment Sale Agreement ■ $5,000 for refunding of the 2001 Water Revenue Refunding Bonds The scope of services and financial advisory fee are based on a private placement or bank loan. They do not include any rating presentations or preparation of an Official Statement or managing a competitive bond sale. 4. In addition to the services stated in this proposal, the District may authorize BWA to perform additional services for which the District will compensate BWA based on consultants' hourly rates at the time the work is performed, plus direct expenses. Additional services may include,but are not limited to: ■ Changes in fmancing scope ■ Delays in fmancing ■ Attendance at meetings at District's offices in South Lake Tahoe ■ Travel expenses to District's offices ■ Any other services not specified 5. Bartle Wells Associates will maintain in force, during the full term of the assignment, Paul Hughes, South Tahoe Public Utility District November 15, 2012 Page 4 insurance in the amounts and coverage as provided in the attached Schedule of Insurance. 6. This engagement letter may be withdrawn or amended if not accepted within 90 days of its date. 7. BWA does not require a formal contract of employment and will consider a purchase order from the Chief Financial Officer as sufficient authority to proceed. BWA would very much like to work with the District on this engagement and hopes that this letter will constitute a suitable basis for serving the District. If this letter is acceptable to you, please countersign a copy of the engagement letter and return it to us. Very truly yours, BARTLE WELLS ASSOCIATES �I• C..) C�� '�/,� �'�'"`�� Reed V. Schmidt,C[PFA Alex Handlers, MPA,c�rFn ', Principal Principal ' Bartle Wells Associates is authorized to provide the services outlined above,at the fee stated. By: Date: For: South Tahoe Public Utility District Enclosures: Billing Rate Schedule 2012 Insurance Schedule BARTLE WELLS ASSOCIATES BILLING RATE SCHEDULE 2012 Rates Effective 1/1/2012 Professional Services Financial Analyst I......................................................................................$95 per hour Financial Analyst II..................................................................................$125 per hour Senior Financial Analyst...........................................................................$165 per hour Senior Consultant.....................................................................................$195 per hour Principal Consultant..............................•--.................................................$225 per hour The professional time rates include all overhead and indirect costs. Bartle Wells Associates does not charge for secretarial support services and internal computer time. Expert witness, legal testimony or other special limited assignment will be billed at one and one-half times the consultant's hourly rate. The above rates will be in effect through December 31,2012 at which time they will be subject to change. Direct Expenses Subconsultants will be billed at cost plus ten percent. Word processing and computer- assisted services related to official statement production are charged as direct expenses at$60 per hour. Other reimbursable direct expenses incurred on behalf of the agency will be billed at cost plus ten percent. These reimbursable costs include,but are not limited to: � ` ■ Travel,meals,lodging ■ Automobile mileage I, ■ Long distance telephone and fax ■ Messenger services and mailing costs ', ■ Printing and report binding ■ Photocopying �, ■ Special statistical analysis ■ Graphic design and photography ' ■ Outside computer services ■ Special legal services ■ Bond ratings ■ Legal advertisements Insurance Bartle Wells Associates maintains insurance in the amounts and coverage as provided in the attached schedule of insurance. Additional ar special insurance,licensing,or permit requirements beyond what is shown on the schedule of insurance are billed in addition to the contract amount. Payment Fees will be billed monthly for the preceding month,and will be payable within 30 days of the date of the invoice. A late charge of 1.0 percent per month may be applied to balances unpaid after 60 days. 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TO: Board of Directors FROM: Randy Curtis, Manager of Field Operations MEETING DATE: December 6, 2012 ITEM-PROJECT NAME: 2012 Asphait Patching Services REQUESTED BOARD ACTION: (1) Approve the Partial Closeout Agreement and Release of Claims for D8�L Paving Inc.; and (2) Authorize staff to file a Notice of Substantial Completion with the EI Dorado County Clerk. DISCUSSION: Staff has completed inspections of the project sites to date, and found I that D8�L Paving Inc. has met all the requirements of the contract. Staff recommends � approval of the project, Partial Closeout Agreement and Release of Claims, and the filing of a Notice of Completion with the EI Dorado County Clerk. :� ,;r SCHEDULE: As soon as possible COSTS: N/A ACCOUNT NO: 2001-6052 BUDGETED AMOUNT REMAINING: $162,803 ATTACHMENTS: Partial Closeout Agreement and Release of Claims, Notice of Completion CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO PARTIAL CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, Califomia, this day of , day of December 2012 by and between South Tahoe Public Utility District, hereinafter referred to as "DISTRICT', and D8L Paving Inc., hereinafter referred to as"CONTRACTOR". KNOW ALL PERSONS BY THESE PRESENTS: 1. That the undersigned, as the authorized representative of CONTRACTOR, for and in consideration of Fifty four thousand three hundred forty six dollars and 04 cents ($ 54,346.04), contract amount, has submitted waivers from all subcontractors and suppliers in the form required by Civil Code §3262, and does hereby and for each of its successors, assigns and partners, release acquit and forever discharge the SOUTH TAHOE PUBLIC UTILITY DISTRICT OF EL DORADO COUNTY, CALIFORNIA, and each of its successors, assigns, officers, agents, servants, and employees, from any and all rights, claims, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever, which might have been asserted against DISTRICT by reason of any matter or thing which was the subject matter of or basis for. � The performance of all terms and conditions of that certain agreement ', dated September 6, 2012 for Purchase Order No.P25635 DISTRICT project described as 2012 Asphalt Patching Services bid. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of the Purchase Order does hereby and for each of its successors, and assigns, releases, acquits and forever discharge D8�L Paving, Inc and each of its successors, assigns, officers, agents, servants, and employees, and sureties fiom any and all rights, claims, demands, debts, obligations, liability, actions, costs, expenses whatscever which might have been asserted against CONTRACTOR, except for waRanties and sureties provided by reason of any matter or thing which was the subject matter of or basis for: The perFormance of all terms and conditions of that certain agreement dated September 6, 2012 for Purchase Order No.P25635 DISTRICT project described as 2012 Asphalt Patching Services bid. 3. Nothing contained herein shall waive or alter the rights, privileges, and powers of the DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety in respect to any portions of the Speciflcations for the Purchase Order. 4. The DISTRICT has received no claims from the CONTRACTOR. 5. Upon execution of this agreement, the DISTRICT agrees to immediately file and record a NOTICE OF COMPLETION with the County Recorder in order to begin the n�nning of the statutory lien period. 6. � The presently retained amount is $ 1,963.48 Original Contract amount $43,463.80 Total Change Order Amount $ 10,882.24 Less: Amount Previously Paid $52,382.56 (inGuding 12/06/12 payment) , Retainage 8� Balance $ 1,963.48 ' I The retainage will be released to the CONTRACTOR at the expiration of the lien period 35 (thirty-five) calendar days after date of recording a NOTICE OF COMPLETION by EI Dorado County Recorder or when all liens have been released, whichever last occurs. Release pursuant to this agreement shall not apply to CONTRACTOR's rights to the presently retained amount until such time as such amounts are received in full by CONTRACTOR. 7. CONTRACTOR and DISTRICT agree that the total contract price and time of performance for the Purchase Order shall be as follows: Contract Price $52,382.56 Calendar Days 49 days (unless contract resumed per below) CONTRACTOR and DISTRICT further agree that if agreeable to both parties, contract will resume in Spring 2013 but will not extend beyond June 30, 2013; specfic job sites will be decided at that time, at the prices previously bid. 8. It is understood and agreed by the undersigneds that the facts with respect to which the foregoing Release is given may hereafter tum out to be other than or difFerent from the facts in that connection now known to be or believed by said ' undersigneds to be true, and the undersigneds hereto expressly assume the risk of the fac#s tuming out to be different than they now so appear, and agree that the foregoing Release shall be, in all respects, effective and not subject to termination or recession by any such difFerence in facts and undersigneds hereby expressly waive any and all rights the undersigneds have or may have under Califomia Civil Code Section 1542, which provides as follows: "A general release dces 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." 9. The releases made by the CONTRACTOR and the DISTRICT herein are not to be construed as an admission or admissions of liability on the part of either party and that the parties deny liability hereof. The undersigneds agree that they will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other party based on, arising out of, or in any way connected with the subject matter of this Release. 10. The CONTRACTOR hereby releases the DISTRICT from ail claims, including those of its Subcontracto�s for all delay and impact costs, if any. 11. The CONTRACTOR represerrts and warrants to the DISTRICT that the C�NTRACTOR has not heretofore 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, damages, costs, expenses and other claims whatsoever and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims, including attomey's fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. 12. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Closeout Agreemerrt and Release of Claims. The undersigned adcnowledge and represe� that they understand and voluntarily consent and agree to each and every provision contained herein. 13. The undersigned further declare and represent that no promise, inducement or agreemerrt, not herein expressed, have been made to the undersigned and that this Release contains the entire agreement among the parties hereto and that the , terms of the Release are contractuai and not a mere recitaL ' 14. The persons executing this Closeout Agreement and Release of Claims represent and warrant to the other party that the execution and performance of the terms of this Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter in the Closeout Agreement and Release of Claims. RICHARD SOLBRIG, GENERAL MANAGER DATED ATTEST: KATHY SHARP, CLERK OF BOARD DATED CONTRACTOR: D8�L PAVING INC.—CHARLES SEGERS DATED RECORDING REQUESTED BY: 5t>t�T�i TAHOE PUBLIC UTILITY DISTRICT ATfN: Linda Brown WHEN RECORDED MAIL TO: $OUTH TAHOE PUBLIC UTILITY DISTRICT 1275 Meadow Crest Drive South Lake Tahoe,CA 96150 SPACE ABOVE THIS IINE FOR RECORDER'S USE APN: Various within Pubfic Right of Way NOTICE OF PARTIAL COMPLETION I NOT�CE IS HEREBY GIVEN THAT: ' 1. The undersigned i�QWNER or agent of the QWNER of the interest or estate stated below in the properfy ' h�einaffe�described. 2. The FULL NAME of the OWNER is South Tahoe Public Utility District � 3. The FULL ADDRESS of the OWNER is 1275 Meadow Crest Drive,South Lake Tahoe,CA 96150 �' 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee,strike "in fee"and insert here,for example, "purchaser under contract of purchase," or"lessee." 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS,if any,WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name 8�Address Name &Address 6. The FULL NAMES of FULL ADDRESSES OF THE PREDECESSORS in INTEREST of the undersigned if the property was trans#erred subsequent to the commencement of the work of improvement herein re#erred to: Name 8� Address Name 8�Address 7. A work of improvement on the property hereinaffer described was COMPLEfED on 10/25/12. 8. The work of improvement completed is described as follows: Asphalt Patching Services. 9. The NAME OF THE ORIGINAL CONTRACTOR,if any,for such work of improvement is D8�L Paving Inc. 10. The street address of said property is various in City of South Lake Tahoe, or unincorporated sections of EI Dorado County. 11. The property on which said work of improvement was completed is in the City of South Lake Tahoe and/or the County of EI Dorado,State of Califomia,and is described as follows: As shown in Fxhibit "A" attached hereto and made a part hereof,and commonly known as 2012 Asphalt Patches. DATE: SIGNATURE OF OWNER OR AGENT OF OWNER ERIC SCHAFER,Board President VERIHCATION FOR INDIVIDUAL OWNER: I,the undersigned,declare under penalfy of perjury under the laws of the State of Cal'rfomia that I am fhe owner of the aforewid interest or estate in the property described in the above notice;that I have read said nofice,that I know and understand the contents thereof,and the facis stated therein are true and correct. DATE AND PLACE SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFICATION FOR NON-INDIVIDUAL OWNER: SOUTH TAHOE PUBUC UTIUTI'DISTRICT I,the undersigned,declore under penalty of perjury under the laws of the State of Cafifomiai that I am the Board President of the aforesaid interest or estate in the property described in the above noflce;that I have read the said notice,that I know and understand the contents ther�eof,and that tt�e fach stated therein are hve and cort�ect. December 6,2012 at South Lake Tahoe,CA DATE AND PLACE SIGNATURE OF PERSON SIGNING ON BEHALF OF OWNER ERIC SCHAFER Board President for South Tahce Public Utility Dishict Exhibit A Pa e 1 of 2 2012 Asphalt Patches Completed , Ci of South Lake Tahoe �!, _ I � � 1246 Glenwood 6 X 10 �' 1521 Bonita 6 X 7 �i 3737 Forest 6 X 3 921 Comstock 5 X 7 932 Tahoe K s Blvd 18 X 4 3688 Paradise 8 X 10 760 Jeff 13 X 3.5 2459 Conesto a 4 X 6 1101 Sonora g X g 3716 Paradise Drivewa A1 Tahoe Sewer 15 X 5 Pioneer Trail&Ski Run 14 X 14 3737 Paradise 12 X 5 730Je 13X7 3745 Forest 7 X 7 2453 Conistoga 10 X 4 1866 Bonita 13 X 7 3809 Pioneer Tr 7 X 5 ' 3789 Pioneer Tr 6 X 6 3797 Pioneer Tr 10 X 9 3741 Pioneer Tr Two patches (1)Driveway 9 X 6 (2)Road 10 X 10 1509 Bonita. 10 X 8 1080 Sonora 4 X 6 3693 Alder 10 X 7 3695 Alder 5 X 7 Black Bart 7 X 7 Martin&Armstron 7 X 5 Os ood& Ski Rua 9 X 6 940 Ba1 Bi'ou 5 X 7 3678 Hi wa 50 11 X 4 Pinter&Martin 7 X 6 Os ood between Fan Inn&Bonanza Produce 7 X 7 Exhibi�A Page 2 of 2 2012 Asphalt Patches Completed III l�nicor orated sections of EI Dorado Coun ' ,� � �� ,r�. ` - -�'�� 1091 Modoc W 10 X 5 1652He a 7X5 1891 Kika 5 X 3 I 733 W. San Bernardino 9 X 9 811 Chilicothe 10 X 9 1328 D'ucie Mountain 7 X 5 1090 Modoc 6 X 4 1442 Mt.Olym ia 9 X 8 1232 A ache 9 X 4 1879 Arrowhead 6 X 2 I833 S ueha.na 10 X 10 1396 Black Bart 8 X 6 1685 Chilicothe 6 X 7 1027 View Cir 4 X 9 1661 Semat St 4 X 7 1649 Skyline Dr 4 X 26 733 Ca a 7 X 5 1657 Choctaw 8 X 7 1232Ute 7X7 1632 C stal Air- -- 4 X 24 3481 Panorama 10 X 7 1783 Nez Pierce 8 X 9 777 Zuni 6 X 9 1085 Sundown Tr 5 X 6 583 Lake Tahoe Blvd 6 X 10 844 Chilicothe 6 X 12 1421 Black Bart 8 X 6 643 Ca a 13 X 9 1967 Kicka. 12 X 11 1990 Kicka 4 X 10 1142 Gold Dust 4 X 6 1152 Gold Dust 8 X 6 940 Brush 8 X 6 1891 Pima 13 X 6 Clearview&Frontier 10 X 4,6 X 5 749 W. San Bemazdino 8 X 7 �� w South Tahoe - --" - �- Public Utilitv District .:_ 1275 Meadow CreSt Drive � South Lake Tahoe � GA 96150 Ph: 530.54-4.6474 • Fx: 530.541.0614� www.5tpud.u5 CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of the Notice of Partial Completion that was approved by the Board of Directors of the I South Tahoe Public Utility District, County of EI Dorado, State of California, and executed by Board President, Eric Schafer. Date Approved: Certified by: Kathy Sharp, Clerk of the Board General Manager Richard H.5olbrig � • 1� �I $j�y, ^ t ,� � O� Directory I ;� � Chris Cefalu ' James R.JoneS .�" :�`-= pu b[i c U�Gi i ity D i 5tri ct �ndy�o9e�9e5a�9 Kelly 5heehan Eric 5chafer 1275 Meadow Crest Drive•5auth take Tahoe•CA 96150-7405 ', Phone 53Q 54�4-6474•Fax 530 541-O�i4•www.stpud.us i BOARD AGENDA ITEM 5 c. , �I TO: Board of Directors I, � i FROM: John Thiel, Principal Engineer MEETING DATE: December 6, 2012 ITEM- PROJECT NAME: Upper Truckee River Sewer Pipeline Protection Project REQUESTED BOARD ACTION: Approve Change Order No. 1 to Thomas Haen Co. Inc., in the amount of$10,434.88. DISCUSSION: This proposed Change Order No. 1 includes payment to complete additional work as follows: �I I • Part A-Additional work to key in the headwall and place extra rock at Grade ' Control Structure No. 1. This was not included on the plans but was added during the District's field evaluation of the work in progress. Additional cost is $1,484.65. • Part B- Placement of additional rock toe protection on the east bank, east channel, upstream of Grade Control Structure No. 1. This was added based on the District's evaluation of the work in progress. Additional cost is $3,206.55. • Part C-The District directed the Contractor to relocate all remaining large rocks to the District's permitted storage yard at the WWTP (the fenced-in area known as the bone yard). These rocks will be useful for future projects. The Contractor's i equipment was utilized to move the rock quickly, with minimal damage to the I rock surfaces. Additional cost is $3,031.40. �� • Part D-The District directed the Contrac#or to install additional, large boulders at ', the entrance to the temporary access road which is also the trail entrance to the ', State Parks area to limit vehicle access to the trail treas. This work item also � includes demarcation of the pre-existing #rail so that new, unpianned trails are not developed, and additional fiber rolls on the east bank of the east channel. �i, Additional cost is $2,712.28. '�, All costs are on a time and materials basis unless noted otherwise. , The total for Parts A through D is an additional cost of$10,434.88. Staff recommends approval of this Change Order No. 1. This will be the first and final contract change order for the project. John Thiel December 6, 2012 Page 2 SCHEDULE: Project is complete. COSTS: $10,434.88 ACCOUNT NO: BUDGETED AMOUNT REMAINING: Unbudgeted Item ATTACHMENTS: Change Order No. 1 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES � � NO CHIEF FINANCIAL OFFICER: YES NO o�tH ra CHANGE ORDER NUMBER 1 Project: Upper Truckee River Sewer Pipeline Protection _ ..°^.';.q•a:— �•�.��•��50.,�'`•` Contractor: Thomas Haen Comaanv Inc. �� Date: December 6. 2012 PO # P25583 The Contract Shall Be Changed As Follows: A. Key in head wall and additional rock placement at Grade Control Structure No. 1 for a cost of$1,484.65. See Attachment 1A for a breakdown of all costs. B. Additional rock toe protection on East Bank, East Channel, upstream of Grade Control Structure No. 1 for a cost of$3,206.55. See Attachment 1 B for a breakdown of all costs. C. Relocation of excess rock material to the District's fenced storage yard for a cost of$3,031.40. See Attachment 1 C for a breakdown of all costs. D. Install boulders at access road entrance, demarcate preexisting foot trail, install additional willow fencing for a cost of$2,712.28. See Attachment 1 D for a breakdown of all costs. TOTAL FOR CHANGE ORDER NO. 6 IS ITEMS A THROUGH D = $10,434.88 Uo11ar Amaunts , Co�tt�ct 7ime Original Contract $ 199,652.00 Previous Change Orders $ 0.00 Current Contract $ 199,652.00 THIS CHANGE ORDER $ 10,434.88 New Contract Total $ 210,086.88 Contractor agrees to make the herein-described changes in accordance with the terms hereof. The change in contract price and/or contract time noted is full settlement for costs incurred because of the change(s)described, unless specifically noted in individual description(s). i � � Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By 1 Gcneral Manager Richard H.5olbrig -�—r � � y$�Q � w Director5 � /"'\ �� /1 O /ti Chris Cefalu '� James R.Jones \��j G�%! i�w,,,/ Randy Vogelge5ang �"� �� Kelly 5heehan i'u b[i c U�G�i ity D i�tri�t Eric 5chafer � 1275 Meadow�t Drive•South Lake Tahoe•CA 96150-7405 Phone 530 544-6474•Fax 530 541-0614•www.�tpud.u5 BOARD AGENDA ITEM 5 d. TO: Board of Directors FROM: Pete Lavaliee, Associate Engineer MEETING DATE: December 6, 2012 ITEM- PROJECT NAME: 2012 Wildwood Waterline and Bal Bijou Waterline Replacement REQUESTED BOARD ACTION: Approve Change Order No. 5 to Thomas Haen Company, in the credit amount of$35,018.85 DISCUSSION: The itemized parts of Change Order No. 5 are as follows: Parf A, in the amount of$1,800, is for the difference in cost, $9 per lineal foot, to install eight inch DR14 PVC water pipe instead of the planned eight inch DR18 PVC water pipe due to act�al proximity in the field of both a sanitary sewer and force main. �art B, in the amount of�2,766.54, is to transfer the three inch water service at Lakeshore Lodge which was shown to be a two inch service and provide bushings required to connect to the new two inch service line. Parf C, in the amount of $951.17, is for#he removal of an abandoned section of six inch steel line that went to a buried check valve on Bal Bijou Road which was in conflict with the waterline. Part D, in the amount of $5,467.32, is for the installation of a one and a half inch meter to 974 Bal Bijou Road as well as removal of the three quarter inch meter that was installed per plan. After installation the properfy owner requested an increased line size to service the commercial parcel. Part E, in the amount of $722.83, is for replacement of a white picket fence at 941 Bal Bijou Road which was removed during installation of the new water main. This landscape repair was not indicated in the bid item description to be included in the lineal foot cost of the pipe. Part F, in the amount of$2,900, is for an increase in the amount of eight inch DR18 PVC water main which was required to complete the project. The total added amount was 29 feet at a cost of $100 per foot. Pete Lavallee December 6, 2012 Page 2 Part G, in the amount of�6,916, is for an increase in the amount of eight inch DIP Class 350 water main which was required to complete the project. The total added amount was 52 feet at a cost of $133 per foot. Part H, in the credit amount of$3,500, is for reduction by one unit of one inch water service which was installed on the Bal Bijou Waterline Project. Part I, in the credit amount of$600, is for the deletion of the curb and gutter replacement bid item on the Bal Bijou waterline project which was not necessary. Part J, in the credit amount of$856, is for the reduction in quantity of the asphalt replacement which was required on the project by 120 square feet. Part K, in the credit amount of$51,586.71, is for reduction of the dewatering bid item which was set by the District for all bidders at $60,000 to anticipate the amount of dewatering that may be required on the Bal Bijou Waterline Project. After#otaling all time and material work reporfs provided by Thomas Haen Company, the total which was actually spent on dewatering only totaled $8,413.29. 'i SCHEDULE: As soon as possible COSTS: WILDWD: $0; ECBBWL' <$35,018.85> ACCOUNT NO: 2029-8263/WILDWD; 2029-7098/ECBBWL BUDGETED AMOUNT REMAINING: $598,709; <$209,030> ATTACHMENTS: Change Order No. 5 �� CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES �A NO CHIEF FINANCIAL OFFICER: YES NO 6eneral Manager ' Richard H.5olbrig ' � ! �7i7t7 f � .,.. O ! ,� � �� Director5 U ChriS Cefalu James R.Jones � �r pu b I i c U ti 1 i�y D i 5tri�t Rancly Vogelgesang Kelly 5heehan Eric 5chafer 1275 Meadow Crest prive•Sauth lake Tahoe•CA 96150-7401 I'hone 530 544-6474•�ax 530 541-0614•www.�tpud.u5 , � � BOARD AGENDA ITEM 5 e. �� TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: December 6, 2012 ITEM-PROJECT NAME: Cold Creek Filter Plant and Ralph Tank SEZ Restoration Project REQUESTED BOARD ACTION: (1) Approve project Closeout Agreement and Release of Claims for VS�C Construction, Inc.; and (2) Authorize staff to file a Notice of Completion with the EI Dorado County Clerk. DISCUSSION: Staff has performed a final inspection of the project, and found that VB�C Constr�ction, Inc., has met all the requirements of the contract. Staff recommends '� approval of the project Closeout Agreement and Release of Claims, and the filing of a Notice of Completion with the EI Dorado Coun#y Clerk. SCHEDULE: As soon as possible COSTS: N/A ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: (1) Closeout Agreement and Release of Ciaims; (2) Notice of Completion CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES 9 NO CHIEF FINANCIAL OFFICER: YES� NO CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this day of November 2012, by and between South Tahoe Public Utility District, hereinafter referred to as "DISTRICT", and V&C Construction Inc., hereinafter referred to as °CONTRACTOR". KNOW ALL PERSONS BY THESE PRESENTS: 1. That the undersigned, as the authorized representative of CONTRACTOR, for and in consideration of Fourteen Thousand One Hundred Eighteen Dollars and Five Cents ($14,118.05), contract amount, receipt of which is hereby acknowledged, has submitted waivers from all subcontractors and suppliers in the form required by Civil Code §3262, and does hereby and for each of its successors, assigns and partners, release acquit and forever discharge the SOUTH TAHOE PUBLIC UTILITY DISTRICT OF EL DORADO COUNTY, CALIFORNIA, and each of its successors, assigns, officers, agents, servants, and employees, from any and all rights, claims, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever, which might have been 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 January 5, 2012 for Purchase Order No. P25369, DISTRICT project described as REVEG MAINTENANCE FOR THE 2011 COLD CREEK FILTER PLANT AND RALPH TANK BMP AND SEZ RESTORATION PROJECT. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of Purchase Order No. P25369, does hereby and for each of its successors, and assigns, releases, acquits and forever discharge V&C Construction Inc., and each of its successors, assigns, officers, agents, II servants, and employees, and sureties from any and all rights, claims, demands, debts, obligations, liability, actions, costs, expenses whatsoever which might have been asserted against CONTRACTOR, except for the rights accruing to the DISTRICT in California Code of Civil Procedure Section 337.15, Entitled "Ten Years - Action to Recover Damage from Latent Deficiencies in Planning or Construction of Improvements to Real Property," which rights are specifically not released, and except for warranties and sureties provided 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 January 5, 2012 for Purchase Order No. P25369, DISTRICT project described as REVEG MAINTENANCE FOR THE 2011 COLD CREEK FILTER PLANT AND RALPH TANK BMP AND SEZ RESTORATION PROJECT. 3. Nothing contained herein shall waive or alter the rights, privileges, and powers of the DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety in respect to any portions of the Specifications for Purchase Order No. P25369. 4. The DISTRICT has received no claims from the CONTRACTOR. '� Closeout A�reement and Release of Claims Pa�e 1 i I i 5. Upon execution of this agreement, the DISTRICT agrees to immediately file and record a NOTICE OF COMPLETION with the County Recorder in order to begin the running of the statutory lien period. 6. � The presently retained amount is $ 705.90 ' Original Contract amount $14,118.05 ' Total Change Order Amount $ -0- Less: Amount Previously Paid $13,412.15 (Request Nos. 1 through 5) Retainage $ 705.90 BALANCE: $ - 0 - ', The retainage will be released to the CONTRACTOR at the expiration of the lien period 35 (thirty-five) calendar days after date of recording a NOTICE OF COMPLETION by EI Dorado County Recorder or when all liens have been released, whichever last occurs. Release pursuant to this agreement shall not apply to CONTRACTOR's rights to the presently retained amount until such time as such amounts are received in full by CONTRACTOR. 7. It is understood and agreed by the undersigneds that the facts with respect to which the � foregoing Release is given may hereafter turn out to be other than or different from the facts in that connection now known to be or believed by said undersigneds to be true, and the undersigneds hereto expressly assume the risk of the facts turning out to be different than they now so appear, and agree that the foregoing Release shall be, in all respects, effective and not subject to termination or recession by any such difference in facts and undersigneds hereby expressly waive any and all rights the undersigneds have 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." 8. The releases made by the CONTRACTOR and the DISTRICT herein are not to be construed as an admission or admissions of liability on the part of either party and that the parties deny liability hereof. The undersigneds agree that they will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other party based on, arising out of, or in any way connected with the subject matter of this Release. 9. The CONTRACTOR hereby releases the DISTRICT from all claims, including those of its Subcontractors for all delay and impact cos#s, if any. 10. CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore 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, damages, costs, expenses and other claims whatsoever and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims, including attorney's fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. � Closeout A�reement and Release of Claims Pa�e 2 11. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Closeout Agreement and Release of Claims. The undersigned acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained herein. 12. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, have been made to the undersigned and that this Release contains the entire agreement among the parties hereto and that the terms of the Release are contractual and not a mere recital. 13. The persons executing this Closeout Agreement and Release of Claims represent and warrant to the other party that the execution and performance of the terms of this Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter in the Closeout Agreement and Release of Claims. RICHARD SOLBRIG, GENERAL MANAGER DATED ATTEST: KATHY SHARP, CLERK OF BOARD DATED V&C CONSTRUCTION INC. By: TOM WILLIAMS, PRESIDENT DATED � II Closeout A�reement and Release of Claims Pa�e 3 RECORDING REQUESTED BY: SOUTH TAHOE PUBLIC UTILITY DISTRICT Attn: Heidi Baugh WHEN RECORDED MAIL TO: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 025-091-012&080-020-08& 025-551-06,-07,-08 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described. 2. The FULL NAME of the OWNER is South Tahoe Public Utility District 3. The FULL ADDRESS of the OWNER is 1275 Meadow Crest Drive,South Lake Tahoe,CA 96150 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike"in fee"and insert here,for example,"purchaser under contract of purchase,"or"lessee." 5. The FULL NAMES and FULL ADDRESSES of ALL PE�tSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name&Address Name&Address 6. The FULL NAMES of FULL ADDRESSES OF THE PREDECESSORS in INTEREST of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Name&Address Name&Address 7. A work of improvement on the property hereinafter described was COMPLEfED on 11/16/2012. 8. The work of improvement completed is described as follows: Reveg Maintenance for the 2011 Cold Creek Filter Plant (CCFP) and Ralph Tank BMP and SEZ Restoration Project. 9. The NAME OF THF ORIGINAL CONTRACTOR, if any,for such work of improvement is V&C Construction Inc. 10. The street address of said property is See attached Exhibit"A". 11. The property on which said work of improvement was completed is in the City of South Lake Tahce County of EI Dorado, State of California,and is described as follows: As shown in F�chibit"A"attached hereto and made a part hereof,and commonly known as �A�:December 6, 2012 IG F NE�OR A OF OW ER VERIFICATION FOR INDIVIDUAL OW NER: �p I'��Ta�n��I I f10 d 1"��re s i c�en t �! I,the undersigned, declare under penalty of pe�jury under the laws of the State of California that I am the owner of the aforesaid interest or estate in ' the property described in the above notice; that I have read said notice,that I know and understand the contents thereof,and the facts stated therein ' are true and correct. DATE AND PLAC£ SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFIUTION FOR NON-INDIVIDUAL OWNER: SOUtI1 TdllOe PUb�1 C Ut1� 1 ty �1 Stl^1 Ct I,the undersigned,declare under penalty of perjury under the laws of the State of California that I am the Odl" re s i e11 of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof,and that the facts stated therein are true and correct. 12/1/12 at South Lake Tahoe, California DATE AND PLACE SIGNATURE F PERSON SIGNI ON B,EHALF F OWNER ERIC SCH�AFER, Boar��residen� South Tahoe Public Utility District , Notice of Completion EXHIBIT "A" Notice of Completion REVEG MAINTENANCE FOR THE 2011 Cold Creek Filter Plant(CCFP)and Ralph Tank BMP and SEZ Restoration Project. The site of the work is located at the District's Cold Creek Filter Plant on property owned by the City of South Lake Tahoe (APNs: 025-091-012 and 080-020-08) in unincorporated EI Dorado County, California; and at the District's Ralph Tank site on District-owned property (APNs: 025-551-06, -07, -08) in the City of South Lake Tahoe, California. The work performed was at two sites and consisted of: At the Cold Creek Filter Plant site and at the Ralph Tank site— maintenance and irrigation of revegetation work installed during final stages of the 2011 Cold Creek Filter Plant and Ralph Tank BMP and SEZ Restoration project. /N /// /// � �, I Notice of Completion REVEG MAINTENANCE FOR THE 2011 Cold Creek Filter Plant((fP)and Ralph Tank BMP and SEZ Restoration Project EXHIBIT "A" �g�e� • 1950 • wate� __._._ . out a oe �� 1�ublic Utility DiStrict 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 Phone 530 54-4-6474•Fax 530 541-0614•www.stpud.us CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of the Notice of Completion that was approved by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, and executed by Board President, Eric Schafer. � Date Approved: Certified by: Kathy Sharp, Clerk of the Board General Manager Richard H.5olbrig �.---�•. � • ��w $� �+.� t ,� � �� Directors v u Chris Gefalu James R.Jones -.-� ;,y�,� r r • • • Randy Vogelgesang pu b 1 i c U t�i�ty D��tri ct Kelly Sheehan Eric 5chafer 1275 Meadow Crest Drive•South take Tahoe•CA 96150-7401 t'hor�530 54�4�-f 474•�ax 530 541-O�i4•www.�tpud.us BOARD AGENDA ITEM 7 a. TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service MEETING DATE: December 6, 2012 ITEM-PROJECT NAME: Request to Appear Before the Board Received from Jennifer Lukins from Lukins Brothers Water Company Concerning Quarterly Charge for Intertie Opening for TJ Maxx. REQUESTED BOARD ACTION: Consider customer's request to reduce or eliminate the quarterly charge. DISCUSSION: Staff Introduction: On September 29, 2012, the District entered into a water supply agreement with Lukins Brothers Water Company to supply proper fire flows for the TJ Maxx building. On November 2, 2012, the intertie was opened to serve a limited portion of Lukins Brothers Water system for commercial, irrigation, and fire protection purposes. Under the terms of the agreement, Lukins Brothers agreed to pay a Capital Facilities Charge of$4,799.70 per quarter beginning October 1, 2012. The Temporary Water Supply Agreement was signed by Eric Schafer, STPUD Board President, and Danny Lukins, President of Lukins Brothers Wa#er Company, on September 29, 2012, agreeing to pay the Capital Facilities Charge and Metered Consumption Rate. Customer Comments: The customer requesting that we open the intertie (Garfinkle) would like to ask for the Board to reconsider the $4,799.70 charge. Mr. Garfinkle has invested a large amount of money into getting this property upgraded and would like to ask for good faith reduction or elimination of this charge. Customer's Requested Board Action: Reduce or eliminate $4,799.70 quarterly charge. Staff Comments: Staff recommends denying the request because of a binding Temporary Water Supply Agreement between Lukins Brothers Water Company and South Tahoe Public Utility District. The agreement plainly states that the metered consumption rate and capital facilities charge will be paid on a quarferly basis. I i Tim Bledsce Dec.6,2012 Page 2 SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES'i��_ NO CHIEF FINANCIAL OFFICER: YES NO General Manager Richard H.5olbrig � ♦ 1950 • w Directors ►�� / j U� /� ��/ Chris Cefalu ti�� 1 L� Jamee R.Jones ---- :�..: � Randy Vogelgesang 1�ubiic Utlii-�y Di�trict KellySheehan Eric 5chafer 1275 Meadow Crest Driue•Sauth take Tahae•CA 96150-74Q1 i'hone 53p 54�4-6474•Fax 530 541-p614•WtNW.5�7t,ICf.US BOARD AGENDA ITEM 7 b. i TO: Board of Directors FROM: Nancy Hussmann, Human Resources Director MEETING DATE: December 6, 2012 ITEM- PROJECT NAME: Self-Insured Dental Plan Renewal REQUESTED BOARD ACTION: (1) Approve renewal of self-insured dental plan, with a funding level of$118.62 per employee per month; (2) Approve Dental COBRA rates of $64.65 Single, $129.30 Employee + 1, and $219.81 Family DISCUSSION: Staff met with the Finance Committee to discuss renewal of the self- insured dental plan. There is an 8% increased trend in dental costs, however, due to some changes in the dental plan design, the District is able to offset that 8% increase. Changes to the dental plan design include higher deductibles, and lower benefit level for major services, in addition to an improvement in the plan by not applying cleanings and exams toward the Calendar Year Maximum. Dental Plan costs for 2012 were - approximately $120 per employee per month, so a recommended $118.62 per employee per month is a solid renewal figure, attributable to the Plan Design changes. Dental COBRA rates have, in the past, been based on a two-tier rate structure. Given that the current ACWA Blue Cross Medical Plan has a three-tiered rate structure, staff is recommending, with Finance Committee agreement, that the dental COBRA rates for the self-insured den#al plan also change to a three-tier structure. The rates, based on expected claims for dental utilization, are $64.64 for Single coverage; $129.30 for Employee plus 1 dependent; and $219.81 for Family coverage. SCHEDULE: December 7th- Notify CDS of new funding level and COBRA rates COSTS: $166,542.48 annual costs for Dental ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General GENERAL MANAGER: YES �l�- NO CHIEF FINANCIAL OFFICER: YES NO General Manager Richard H.5olbrig � + � ( ,fi, /� �.,,WB�, Director5 � �+/� V V'a O� Chris Cefalu JameS R.Joney :�yj,�: t�/'� • • F� • Randy Vogelgesang �ublt(,j ��V �t��/r��j�/ KellySheehan �� Eric 5chafer 1275 Meadow CreSt Drive�5outh Lake Tahne•CA 9�150-74�1 Phone 530 544-6474•Fax 530 541-0�14•www.�tpud.u5 BOARD AGENDA ITEM 7 c. TO: Board of Directors FROM: Nancy Hussmann, Human Resources Director MEETING DATE: December 6, 2012 ITEM-PROJECT NAME: Dental Insurance Plan Document REQUESTED BOARD ACTION: Approve Dental Insurance Plan Document to be effective January 1, 2013 : DISCUSSION: The District is renewing its self-insured Dental Plan effective January 1, 2013. The Plan Document outlines the terms and conditions of the Dental Plan, including the following changes from the 2012 self-insured Dental Plan. (1� Deductibles are increasing from $25 Single/$50 Family to $50 Single/$100 family; (2) Major Services (if Wellness Requirements are met), will now be covered at 70% (instead of the 2012 benefit level of 80%); and (3) Preventive Cleanings and Preventive Exams will not count toward the $2000 Caiendar Year Maximum. SCHEDULE: December 7, 2012, distribute to Plan Parficipants COSTS: n/a ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Plan Document for Dental Insurance Plan (distribu#ed to Board members and is available �pon request to Clerk of the Board) CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General GENERAL MANAGER: YES /� NO CHIEF FINANCIAL OFFICER: YES NO General Manager Richard H.5olbrig � '� �� W� ^� Director5 � � � ' ` a �� Chris Cefalu �� i James R.Jones _,,.,,,, ,�T, ��t�� '�� RandyVogelgezang � Kelly Sheehan Eric Schafer 1275 Meadow CreSt Drive•South take tahoe•CA 96150-74Q1 I'tior�530 544�-6474�Fax 530 541-0614•N+W W.5'Cpt,iGI.US BOARD AGENDA ITEM 7 d. TO: Board of Directors FROM: Nancy Hussmann, Human Resources Director MEETING DATE: Decsmber 6, 2012 ITEM- PROJECT NAME: BBB�H Benefit Designs Contract REQUESTED BOARD ACTION: Approve change in contract to provide dental consulting and general medical consulting at a rate of$2 per employee per month. DISCUSSION: BB8�H 8snefit Designs, Inc. has served as the District's consultant for all matters pertaining to the self-insured medical and dental plan, at a cost of$15,000 per year. The District is no longer going to be self-insuring the medical component of the health plans, effective January 1, 2013. As s�ch, a reduced level of service is needed from BB8�H Benefit Designs. Services will include consulting regarding dental claims, exceptions requested, tracking utilization throughout the year, and preparing renewal information at the end of the plan year. BB8�H is proposing to provide these services for a cost of $2 per employee per month, or an estimated $2,808 per year, for a savings of just over$12,000 per year. I SCHEDULE: December 7th- Notify BBS�H of approved contract COSTS: $2,808 per calendar year ACCOUNT NO: 50/50-22-4405 BUDGETED AMOUNT REMAINING: $7,494 ATTACHMENTS: BB&H Benefit Designs Proposal CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General GENERAL MANAGER: YES /� NO CHIEF FINANCIAL OFFICER: YES NO , � � � benefit designs iM�Y�1�C[ ■��VIC[■ November 28,2012 Nancy Hussmann Human Resources Director South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe,CA 96150 RE: Dentat benefit plan consulting proposal Dear Nancy: Thank you for the continued opportunity to serve as the District's employee benefits consultant. As the needs of the consulting have changed with the self-funded medical plan termination, please find a revised proposal. This letter summarizes the scope of services and proposed fees to commence on January 1,2013. SCOPE OF SERVICES i. Dental Plan Benefits Consulting a. Experience reports illustrating monthly claims experience and cost per empioyee per month s. Ad hoc experience reports to use in plan design consulting c. Review and research of dental claims issues and plan exceptions �. Ad hoc consulting projects as needed E. Review and assistance with administration issues related to the self-funded dental plan z. Contract Review 3. Health Care Reform Resource A. Legislative updates and compliance updates related to Health Care Reform(ACA) s. Access to the BB&H Zywave portal for plan communications,human resources sample documents and employee communications c. Research and respond to general questions related to health care reform a. Document Assistance A. Plan document assistance Nancy Hussmann November 28,2012 Page 2 - B. SPD assistance C. Employee communication materials as needed FEES BB&H is proposing a$2.00 per employee per month fee for the services{isted above, CLOSING Thank you for the continued opportunity to serve South Tahoe Public Utility District. Warmest Regards, ��'r�v — Deborah Babineau Vice President RESPONSE This letter correctly sets forth the services of the South Tahoe Public Utility District's Self- Funded Dental Plan consulting services. Accepted by: Title: Date:1/1/2013 � qM1it MWn• 6eneral Manager Richard H.5olbrig � • 15: ��,w$�, /� t ,� � �� Directore U � ChriS Cefalu JameS R.Jones ....,. "*"" 1 �V�� ! �V V Randy Voge�ge5ang Kelly 5heehan Eric Schafer 1275 Meadow Cre�t Drive•Sauth lake Tahae•GA 96150-74QS f'hone 530 544-6474•�ax 530 541-0�14•www s�Cpud.u5 BOARD AGENDA ITEM 7 e. TO: Board of Directors FROM: Paul Hughes, Chief Fina�ncial Officer MEETING DATE: December 6, 2012 ITEM- PROJECT NAME: Scheduled Capacity Charge Increases REQUESTED BOARD ACTION: Direct Staff DISCUSSION: The Board previously approved by ordinance the postponement of scheduled increases to the water and sewer capacity charges five times-five separa#e six-month terms. Currently, effective January 1, 2013, capacity charges are scheduled to increase 3b%for water ($6,832 to $9,231 #or a standard 3/4" connection) and 16%for sewer ($4,930 to $�,720 per unit). The increase to water is the fifth and final step increase developed in the 2006 Water Capacity Charge Study. The increase to sewer is the fourth of six step increases developed in the 2008 Sewer Capacity Charge Study. At the November 15, 2012, Board meeting, staff was directed to prepare the necessary ordinance with the new fire capacity charge information for Board consideration at the December 6, 2012, Board meeting. The new methodology utilized to develop the fire capacity charges, specifically for fire sprinkler systems, decreased the previous charges substantially. In an effort to keep all water-related capacity charges in a single ordinance, staff will utilize the Board direction received today to develop a complete water capacity charge ordinance including the fire capacity charges. As a reminder, capacity charge revenue is restricted by law for infrastructure projects or to repay debt that was incuRed for infrastructure projects. When capacity charge levels are kept arfificially low, the current rate payers are subsidizing the difference when the District completes capital projects. Staff is seeking direction from the Board whether or not to prepare and present the required ordinance to postpone the capacity charge increases scheduled for January 1, 2013. The Board can consider an increase or increases different from the currently scheduled increases. Paul Hughes December 6, 2012 Page 2 SCHEDULE: The increases currently scheduled for January 1, 2013 are 36%for water ($6,832 to $9,231 for a standard 3/." connection) and 16%for sewer ($4,930 to $5,720 per unit). COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: AITACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer & Water GENERAL MANAGER: YES /��A NO CHIEF FINANCIAL OFFICER: YES NO PAYMENT OF CLAIMS FOR APPROVAL December 6, 2012 Payroll 11/13/12 403,373.10 Payroll 11/27/12 546,566.25 Total Payroll 949,939.35 ADP 2,724.02 American Express 1,982.41 Bank of America 0.00 BBVA Compass Bank 0.00 BNY Mellon Trust Company 0.00 BHFS legai services 16,244.00 CaIPERS actuary services 0.00 CDS-health care payments 163,812.23 Union Bank 0.00 Total Vendor EFT 184,762.66 Accounts Payable Checks-Sewer Fund 427,072.02 Accounts Payable Checks-Water Fund 310,580.53 Accounts Payable Checks-Self-funded Insurance 37,619.59 Accounts Payable Checks-Grants Fund 0.00 Total Accounts Payable 775,272.14 Grand Total 1,909,974.15 Pavroll EFTs & Checks 11/13/12 11/27/12 EFT CA Employment Taxes & W/H 15,455.50 25,672.57 EFT Federal Employment Taxes & W/H 77,534.84 114,116.21 EFT CaIPERS Contributions 75,886.69 102,551.85 EFT Great West Deferred Comp 20,499.13 20,499.13 EFT Stationary Engineers Union Dues 2,486.48 2,514.81 EFT United Way Contributions 115.00 115.00 EFT Employee Direct Deposits 205,278.56 272,917.35 � CHK Employee Garnishments 1,242.71 1,273.83 CHK Employee Paychecks 4,874.19 6,905.50 �, Total 403,373.10 546,566.25 � 3 3 3 3 3 3 3 3 3 3 3 3 3 � � � � � � � � � � � � � E v, �o r co rn o� o .• N �•, v �n �a x oo x oo x rn rn rn rn rn rn o+ c� � � � o� r � r r � c� t� � Z t�1 M t+1 e+l '+1 t+l M M t+t M M M '+1 W W OC OD OC W OC 00 OC 00 00 00 W Y O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O _ � ¢ ¢ ¢ � ¢ ¢ d ¢ d ¢ ¢ ¢ C f�7 O O O O� 01 O N f� � � � O N aD (O N (O ll� f� ln O � .-- N I� I� N I� f� N f� 1� � M fh M C7 f�'1 lI� N O f� I� � N 00 � f0 [O � CO � f� � f� �!J � � (O O� O O O t0 O a0 � M O� N N M QE f� � � � N t� ►� � � CO M M N (D � C� N � , O� O� N R ^ � l0 N f6 f0 N N f0 f0 10 N f0 N f0 � � O O O O O O O O O O O O O Q � H H F H H H F- H H H H F- H " F Y Y Y Y Y Y Y Y Y Y Y Y Y U U U U U U U U U f� U U U G) G7 N N N N N N N GI N GI N L � L L L L L L L L L L L L L � �..� V V V V V V V V V V �..� V V U N � O � O O N O O 00 O O O O O � O N � M P7 O O O O N C�7 �A C7 M f7 f"i f7 O tD f0 c'7 (D (O f0 f0 t0 (O CO (O N t0 f0 (O t0 f0 O aD Of O f� 1� OD � N O � 00 O c'� O� M O� O O N O M fh N O O O O N O O N O N O O O O O O O O O O O O O O O O O O O � � N N � N � N N � � � � � � N N � Q � F <n V w v� w z a W � z � � Z m a z cn a a a 00 a z z °� � � � w a z z z z i g - � w w Z o 0 o p � a � Z � o 0 0 0 0 �- � � � w w � O a � j a � w w w w w LL � � W W � � � LL � Q' Z W W W W W {� 2 � � O 2 1- H C� Q d O H d � F F F F- F F- �+ Z � W a � } Q a E z z � r z a z O O � �n rn � W � x x � � � z z } � � � N c� � c� a ? 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W > w � Q V Z Q V ~ a o F � o a � _ = O ❑ a � � � o � o O Z 0 0 � � O O O � a a a • w w � Z Z � � Z cn cn c n } � � z z z a � g � � � ¢ ¢ ¢ > Z Z � � � U U U � Q Q w W Q � � � Z g � Q Q Q E as �e z z as � � � O a a as as as � W W Z Z W J J J a CJ C'J W W W C7 U' W W C7 W W W � W W U' CJ U O � W U w W � = O � U U U U � W Q Q �� z z z z a � � LL � z z z z j ¢ O O a O O O O v� V v� m U U U U U � a � � ? v�i �"" � � � � � � a a � o� a�. � z z z z ¢ z z z z w w = � o �.�. o cn � _ = w � O O O O w o O O W o o ,� ,� � ° � � � � � � °w °w °w w z Z o o W ] a > > > > > � � � 3 3 � 3 � � N 6eneral Manager Richard H.5olbrig � � 1960 • w Director5 �' O �� O� ChriS CeFalu James IZ.Jones -,,....�,; �` • . . • . RanQy Vogcigesang I�u b I�c U ti 1 ity D i 5tri ct Kelly 5heehan Eric 5chafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 541-0614•www.5tpud.u5 BOARD AGENDA ITEM TO: Board of Directors FROM: Paul Hughes, Chief Financial Officer Tim Bledsoe, Customer Service Manager MEETING DATE: December 6, 2012 ITEM-PROJECT NAME: Conference with Legal Counsel-Anticipated Litigation (one case) REQUESTED BOARD ACTION: Direct legal counsel DISCUSSION: Pursuant to Section 54956.9(b) of the California Government Code, Closed Session may be held for a conference with legal counsel. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES ��-e NO �- CHIEF FINANCIAL OFFICER: YES NO I 6eneral Manager Richard H.5olbrig � • 1950 • w � Directvr5 o u-t a o e �h�g�a�� Jamee R.JoneS ,..�..._� �� • . . • . Randy Vogelgcsang I'u b I i c U ti 1 ity D 15tri ct Ke�ly 5heehan _ Eric 5chafer 1275 Meadow Crest Drive•5outh Lake Tahoe•CA 96150-7401 I'hone 530 54�4-6474•Fax 530 541-0614•www.5tpud.us BOARD AGENDA ITEM TO: Board of Directors FROM: Tim Bledsoe, Customer Service Manager MEETING DATE: December 6, 2012 ITEM-PROJECT NAME: Conference with Legal Counsel- Existing Litigation REQUESTED BOARD ACTION: Direct legal counsel DISCUSSION: Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs.South Tahoe Public Utility District SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATiACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO