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HomeMy WebLinkAbout6 Coachland Undercrossing Project Agenda Item # Memorandum To: Board of Directors From: Neil Kaufman Date: April 27, 2003 Subject: District Participation in Coachland I-80 Undercrossing Project 1. Why this matter is before the board: District Staff, in cooperation with staff of the Truckee Sanitary District (TSD) have prepared a set of Bid Documents for construction of the Coachland 1-80 Undercrossing Project. Approval from the Board of Directors is necessary for three issues related to this project; 1) Approval of the plans and specifications for the project. 2) Authorization to enter into a joint agreement with TSD for construction of the project and authorization for TSD to advertise for bids. 3) Authorization to spend District funds to construct the project. 2. History: The need for this project was identified and documented in the 2001 Water Master Plan. The project was included in the 2003 Water Capital Improvement Budget previously approved by the Board. 3. New information: In the late 1960s, a 36-inch diameter steel casing was installed across Interstate 80 in the vicinity of Cemetery and the present-day Rock Garden retail store. Eight-inch diameter water and sewer pipelines were then installed inside the casing. Over the years, significant leakage began to occur on the pipeline section under the Interstate. In 1994, the District let a contract to slipline the 8-inch steel water pipeline with a 6-inch polyethylene pipe. This work was successful and the pipeline is currently in service. The general location of this casing and pipeline are shown on Figure 1. During preparation of the 2001 Water Master Plan, it was determined that four vacant parcels located just south of the Interstate should be provided service from the proposed 6170 pressure zone. This pressure zone was created with construction of the new Bridge Street Tank in 2002. It was also determined that the existing 6-inch pipeline under 1-80 would need to be upsized to 12-inch in order to provide adequate service to the parcels in question. During its planning processed, TSD determined that its sewer pipe inside the casing would need to be upsized to 12-inch in order to accommodate the proposed development north of Interstate 80. The sewer pipeline is also considered a maintenance issue for TSD since it has a few areas with flat or negative slopes. F . ........... During the Fall of 2002, TSD staff indicated their intention to perform the construction work to upsize the sewer pipeline during the Summer of 2003. Discussi ons were held with TSD regarding design and construction issues. It was agreed that the District should replace the water pipeline at the same time as the sewer due to the complicated nature of the project and the identified need to upsize the water pipeline. TSD agreed to take the role of lead agency for the project. TSD would perform the CEOA review, prepare and circulate the Bidding Documents and perform contract administration over the course of the project. The District would design the water pipeline portion of the project and would be responsible for inspection of the water pipeline as well. In February of 2003, TSD circulated an Initial Study/Proposed Mitigated Negative Declaration in regards to the proposed project. The Notice of Determination was filed on March 25, 2003. The engineer's estimate for construction of the entire project is $136,650, including a 20 percent contingency. The District's portion of that cost is estimated at about $64,800. In the past three years, there have been a number of proposed projects for the vacant parcels south of Interstate 80. These parcels are identified on Figure 1. It is expected that the District will pay its share of the cost of project and will then be reimbursed by the parties that develop the vacant parcels in question. Failure to take advantage of this opportunity will mean that a new casing would need to be constructed in order to construct a larger water pipeline across the Interstate. Additionally, the costs such as mobilization, temporary erosion control and site restoration could not be shared. The estimated cost to construct a separate casing and water pipeline is about$200,000. 4. Recommendation: I recommend that the Board: I) Approve of the plans and specifications for the project. 2) Authorize the District to enter into a joint agreement with TSD for construction of the project and authorize for TSD to advertise for bids. 3) Authorize expenditure of District funds in an amount not to exceed $65,000 to construct the project, The Bid Opening is currently scheduled for May 13, 1 will provide a report to the Board at the May 21 Board Meeting. Attachments: Figure showing location of proposed project UTILITY CONSTRUCTION AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND TRUCKEE SANITARY DISTRICT This Agreement is entered into on the day of 2003 between the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California, hereafter referred to as the "TDPUD," and TRUCKEE SANITARY DISTRICT, a local public agency of the State of California, hereafter referred to as the "TSD." The TDPUD and TSD may be referred to herein as "Party" or the "Parties."This Agreement is entered into with respect to the following facts: RECITALS WHEREAS, the TSD is in the process of receiving bids for its Coachland I-80 Utility Crossing Project (hereinafter"Project"); and WHEREAS, the TSD intends, but is not obligated, to award a contract for the Project, including the removal and replacement of sanitary sewer facilities, as well as the work to relocate and/or construct the TDPUD's water facilities, to the lowest responsible bidder acceptable to the TSD; and WHEREAS, the TSD has, at the request of the TDPUD, requested that bidders submit a bid for the Project in which a portion of the Project includes work to relocate and/or construct the TDPUD's facilities, as described in detail in the plans and specifications of the Project; and WHEREAS, the TDPUD desires the TSD to have its contractor perform the work to relocate and/or construct the TDPUD's water facilities and to pay the TSD the actual cost in having the TDPUD work performed. NOW THEREFORE, the Parties agree as follows: 1. Award of Contract. The TSD shall, with the approval of the TDPUD, decide whether to award a contract for the construction of the Project, and if so, to whom the contract will be awarded. If such a contract is awarded and if such contract includes the TDPUD's work to relocate and/or construct the TDPUD's water facilities, then the TSD will perform or have performed the work to relocate and/or construct the TDPUD's water facilities in accordance with the plans and specifications for the Project... TDPUD's water facilities shall be installed as shown on the Project plans and specifications s#aft-be Pam. subject to reasonable changes required by actual construction conditions, as approved by the TSD,-requ+red 2. Control of Work, Upon the award of a contract to perform the Project, including the TDPUD's water facilities, the TSD shall have the sole authority to control and direct the activities of the TSD's contractor. Any communication the TDPUD desires with the contractor must be conducted through the TSD. 3. Payment to the TSD. Upon completion and acceptance of the Project by the TSD, including the x Work, the TDPUD agrees to pay the TSD the amount of actual costs and expenses incurred by the TSD, including, but not necessarily limited to, engineering and design, construction, construction inspection, E jJt Pnr:avU 69C tll O1.1\TDP4D SSLJJ ,q � xn[�2 Juc}}:V�34TSRE»i+rw.'+.iEtr.a}wntl£n�.-.-c�cdec overhead, administrative and legal costs and expenses, to have the Werk-work performed. The TDPUD, at the sole cost to the TDPUD may re uest to relocate a portion of the TDPUD water facilities. Payment in full is due to the TSD within thirty (30) days of the TDPUD's receipt of an invoice from the TSD, together with reasonable documentation supporting the invoice. At the time that this Agreement is entered into, the Parties agree that the total cost to the TDPUD is estimated to be approximately —Sixty Five Thousand- and 00/100 Dollars ($_65 000 00-) and that the actual costs and expenses may exceed this estimate. 4. Utility Warranty and Indemnity. The TDPUD represents that TDPUD has the right to place its facilities in the location as-shown in-on the plans and specifications_, sued o The TDPUD agrees to defend, indemnify and hold the TSD, its officials, officers, employees, agents and contractors harmless from any claim, action, lawsuit, demand, loss, damage, expense or liability of any type arising out of the TSD's performance of this Agreement 5. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties relating to the subject matter contained in this Agreement which are not fully expressed herein. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of all parties to this Agreement. 6. Necessary Acts. Each Party to this Agreement agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 7. Attorneys Fees. In the event of any litigation concerning any controversy, claim or dispute between the Parties hereto, arising out of or relating to this Agreement or the breach hereof, or the interpretation hereof, the prevailing Party shall be entitled to recover from the losing Party reasonable attorneys fees and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. 8. Forum. Any litigation to enforce or interpret the provisions of this Agreement or the Parties' rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts in the County of Nevada, California. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement shall be binding upon the Parties only when signed by both Parties. TRUCKEE DONNER PUBLIC UTILITY DISTRICT f DATED: BY: Peter L. Holzmeister, General Manager TRUCKEE SANITARY DISTRICT DATED: BY: j 6 P g¢ts�j 40 C .ui Cme 1,lTVPLD TSD J - � <TSL>fw�c+.:Ex�lurtire�TURIiE�-TSUMme--l� ._.,,. ' i General Manager O.R. Butterfield, s r �u.nj(-$9C cuy Crt;<og\TDPLi)TSj�v 9 uo UTILITY CONSTRUCTION AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND TRUCKEE SANITARY DISTRICT This Agreement is entered into on the day of , 2003 between the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California, hereafter referred to as the "TDPUD," and TRUCKEE SANITARY DISTRICT, a local public agency of the State of California, hereafter referred to as the "TSD." The TDPUD and TSD may be referred to herein as "Party" or the "Parties"This Agreement is entered into with respect to the following facts: RECITALS WHEREAS, the TSD is in the process of receiving bids for its Coachland 1-80 Utility Crossing Project (hereinafter"Project"); and WHEREAS, the TSD intends, but is not obligated, to award a contract for the Project, including the removal and replacement of sanitary sewer facilities, as well as the work to relocate and/or construct the TDPUD's water facilities, to the lowest responsible bidder acceptable to the TSD; and WHEREAS, the TSD has, at the request of the TDPUD, requested that bidders submit a bid for the Project in which a portion of the Project includes work to relocate and/or construct the TDPUD's facilities, as described in detail in the plans and specifications of the Project; and WHEREAS, the TDPUD desires the TSD to have its contractor perform the work to relocate and/or construct the TDPUD's water facilities and to pay the TSD the actual cost in having the TDPUD work performed. NOW THEREFORE, the Parties agree as follows: 1. Award of Contract. The TSD shall, with the approval of the TDPUD, decide whether to award a contract for the construction of the Project, and if so, to whom the contract will be awarded. If such a contract is awarded and if such contract includes the TDPUD's work to relocate and/or construct the TDPUD's water facilities, then the TSD will perform or have performed the work to relocate and/or construct the TDPUD's water facilities in accordance with the plans and specifications for the Project... TDPUD's water facilities shall be installed as shown on the Project plans and specifications shall be perferrned-subject to reasonable changes required by actual construction conditions, as approved by the TSD_, ust en--eend+t+ens. 2. Control of Work, Upon the award of a contract to perform the Project, including the TDPUD's water facilities, the TSD shall have the sole authority to control and direct the activities of the TSD's contractor. Any communication the TDPUD desires with the contractor must be conducted through the TSD. 3. Payment to the TSD. Upon completion and acceptance of the Project by the TSD, including the r Work, the TDPUD agrees to pay the TSD the amount of actual costs and expenses incurred by the TSD, including, but not necessarily limited to, engineering and design, construction, construction inspection, �uJ tPn�a NV 84f ,,py C6J ne1TDP4DTSDJ tayraovnc_R xn Iok �4FExgixmsu �. 3vetummFGrevelxgSAW3EYSSF}3eruH<WrewcvwxM� t overhead, administrative and legal costs and expenses, to have the WeiFwork performed. The TDPUD at the sole cost to the TDPUD may request to relocate a portion of the TDPUD water facilities. Payment in full is due to the TSD within thirty (30) days of the TDPUD's receipt of an invoice from the TSD, together with reasonable documentation supporting the invoice. At the time that this Agreement is entered into, the Parties agree that the total cost to the TDPUD is estimated to be approximately —Sixty Five Thousand- and 00/100 Dollars ($_65 000 00-) and that the actual costs and expenses may exceed this estimate. 4. Utility Warranty and indemnity. The TDPUD represents that TDPUD has the right to place its facilities in the location as-shown iron the plans and specifications.—e;-a* 4e- f The TDPUD agrees to defend, indemnify and hold the TSD, its officials, officers, employees, agents and contractors harmless from any claim, action, lawsuit, demand, loss, damage, expense or liability of any type arising out of the TSD's performance of this Agreement 5. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties relating to the subject matter contained in this Agreement which are not fully expressed herein. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of all parties to this Agreement. 6. Necessary Acts. Each Party to this Agreement agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 7. Attorneys Fees. in the event of any litigation concerning any controversy, claim or dispute between the Parties hereto, arising out of or relating to this Agreement or the breach hereof, or the interpretation hereof, the prevailing Party shall be entitled to recover from the losing Parry reasonable attorneys fees and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. 8. Forum. Any litigation to enforce or interpret the provisions of this Agreement or the Parties' rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts in the County of Nevada, California. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement shall be binding upon the Parties only when signed by both Parties. TRUCKEE DONNER PUBLIC UTILITY DISTRICT DATED: BY: Peter L. Holzmeister, General Manager i TRUCKEE SANITARY DISTRICT { DATED: By. rvC�.mti DPI,D TSQJ n 41rz�am-.R us23�hMOp4£' � �.Ee�i+e.�w}3E}c.,�rczNiE.xck+xkEr.:+wwel�{3Rlil�S543-ken_M+eeHetrde� O.R. Butterfield, General Manager L to.Iw'PII. J SO C�1x1,1 RZSU 1 4�a kn R n 3 q�,iHHEYNEEw�m.+vx�FS[�6w+rrEw4-TxNxw=d4-a rie��4FfMYPFb£` emwhl«x