HomeMy WebLinkAbout5 North Shore Donner Lake Agenda Item #
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Memorandum
To: Board of Directors
From: Neil Kaufman
Date: December 28, 2004
Subject: Reduction in the Amount of Rentention held by the District Filing of a
Notice of Cessation for the Installation of Services for the North Shore of
Donner Lake—Contract A Project
1. Why this matter is before the board:
Approval from the Board of Directors is necessary to issue a Notice of Cessation for a
constrcution contract.
2. History:
The Board previously awarded the Installation of Services for the North Shore of Donner
Lake— Contract A project to Hard Line Excavating (HLE).
On September 1, 2004, the Board approved Change Order No. 1 for this project in an amount of
$4,719.25. This Change Order all of the outstanding issues encountered from the start of the
project to August 5, 2004.
On September 15, 2004, the Board approved Change Order No. 2 for this project in an amount
of $70,925.00. This Change Order added about 680 feet of new pipeline and four services into
the project.
On December 15, 2004, the Board approved Change Order No. 3 for this project in an amount
of $114,674.42. This Change Order all of the outstanding issues encountered from August 5,
2004 to November 19, 2004.
As discussed at the December 15, 2004 meeting, there are eight service laterals along Denton
Avenue where HLE did not install locator wire. Peter Holzmeister, Steve Gross and 1 held a
discussion regarding the proper way to approach the contractual issues associated with this
locator wire problem. Steve Gross reviewed the appropriate codes and recommended the
following procedure:
1) The Board consider a Change Order that covers all outstanding issues related to the
project except for the missing locator wire described above. This was approved at
the December 15, 2004 meeting.
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2) The Board pass a resolution that finds that the project is considered complete with
the exception of the missing locator wire on eight service laterals on Denton Avenue.
This resolution would approve reducing the retention amount on the contract from
about$79,813.37 to$10,000.
3) The Board authorize filing of a Notice of Cessation with the Nevada County
Recorder's Office. A Notice of Cessation is described in Section 3092 of the
California Civil Code.
The Contract will then remain open with the District holding $10,000 until locator wire issue is
corrected. Mr. David Waters, President of HLE, has expressed an intention to correct the
problem in May once the District has a valid Lahontan RWQCB permit. Upon correction of this
problem, I will inform the Board and recommend that a Notice of Completion be filed at that
time.
3. New information:
Attached for consideration by the Board is a resolution that covers reducing the amount of
retention and filing of the Notice of Cessation.
4. Recommendation:
The Board pass the attached resolution
Attachments:
Resolution authorizing the reduction in the amount of retained payments for the Installation of
Services for the North Shore of Donner Lake— Contract A project and directing filing of a
Notice of Cessation
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Resolution No. 2005 - XX
AUTHORIZING THE REDUCTION IN THE AMOUNT OF RETAINED PAYMENTS FOR
THE INSTALLATION OF SERVICES FOR THE NORTH SHORE OF DONNER LAKE -
CONTRACT A PROJECT AND DIRECTING FILING OF THE NOTICE OF CESSATION
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District made the
determination to undertake Installation of Services for the North Shore of Donner Lake -
Contract A Project; and
WHEREAS, Hard Line Excavating, Inc,was selected by the District to perform the work; and
WHEREAS, Hard Line Excavating, Inc. has not completed all of the Work included in the
Project; and
WHEREAS, The District's Engineer, Neil Kaufman, certifies thatwork has been halted on the
project until May 2005;
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the District as follows:
1. That the Clerk of the District be directed to file with the County of Nevada, a Notice of
Cessation, a copy of which is attached hereto.
2. That 35 days following the filing of the Notice of Completion,the 10 percent retained from
the contractor payments shall be reduced to a total of $10,000, if no claims have been
made to the District by material suppliers or laborers.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within
the District on the 5" day of January 2005 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J. Ron Hemig, President of the Board
ATTEST:
Peter L. Holzmeister, Clerk of the Board
RECORDING REQUESTED BY:
Truckee Donner Public Utility District
WHEN RECORDED, RETURN TO:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Post Office Box 309
Truckee, CA 96160
THE UNDERSIGNED DECLARES
DOCUMENTARY TRANSFER TAX- NONE
NOTICE OF CESSATION
NOTICE IS HEREBY GIVEN:
1. That the name and address of the public entity for whom the improvement project was done, as
owner thereof, is the Truckee Donner Public Utility District, Post Office Box 309, Truckee, CA
96160.
2. That on December 159h, 2004, work ceased on the project and no work has been performed on the
project since that date.
3. That the subject improvements of the Notice are generally described and identified as follows:
Installation of Services for the North Shore of Donner Lake—Contract A Project.
4. That the name and address of the contractor for such project was: Hard Line Excavating, Inc.,
P.O. Box 10029, Truckee, CA. 96162-0029
1 certify under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Dated: TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Peter L. Holzmeister, General Manager
MAIL TAX STATEMENTS TO:
SAME AS ABOVE