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HomeMy WebLinkAbout10 Potable water system Sierra college Agenda Item # 10 CKEE DONNER Public Utility N District i Memorandum To: Board of Directors From: Neil Kaufman Date: April 12, 2007 Subject: Potable Water System Improvements at Sierra College 1. Why this matter is before the board: Board Authorization is required for expenditures in excess of $15,000. 2. History: At the March 7, 2007, Board Meeting, I made a presentation regarding water system construction related to the Sierra College project. As discussed at that meeting, there are some water system components that were included at the request of the District. These components were identified necessary facilities in the Water System Master Plan. The District is responsible for the costs associated with these facilities. 3. New information: Sierra College had its bid opening during the week of March 12. The additional water system components were included in the College's Bid Documents. The initial cost presented to the District was $287,582. 1 then requested and received a more detailed cost breakdown of the costs. After further discussions with Rob Koster of Sierra College, a price of $277,239 was agreed upon. There are two conditions on this price: 1) There is a portion of the pipeline work that is a joint trench also containing gas piping. The price given above allocates all of the cost for this joint trench to the District. Rob and I agreed that Southwest Gas (SWG) is liable for portion of the costs associated with this joint trench and that the District's cost will be reduced by the amount that SWG contributes. The exact amount of the SWG contribution has not been quantified at this time. I estimate that value to be between $10,000 and $20,000. 2) The District is responsible for the cost of any change orders related to those water system components that were included solely at the request of the District. The Sierra College campus is considered a developer project by the District. As is normal with developer projects, there will be a Development Agreement between the District and the developer (Sierra College). I have prepared a supplemental agreement to the base Development Agreement to cover the construction of these water system facilities. I have reviewed the supplemental agreement with Steve Gross and forwarded it to the College. 4. Recommendation: 1) The District enter into an agreement with Sierra College whereby the college will construct the water system facilities requested by the District at a cost not exceed $300,000. 2) The Board authorized staff to transfer the necessary funds from Water Facility Fees to the Water General funds to pay for the improvements. Attachment: Draft Supplemental Agreement with SJCCD UTILITY CONSTRUCTION AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND SIERRA JOINT COMMUNITY COLLEGE DISTRICT �: ;tya, da "'� '� , 2007 between the TRUCKEE This Agreement is entered into on the y of �„ag � DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California, hereafter referred to as the "TDPUD," and SIERRA JOINT COMMUNITY COLLEGE DISTRICT, hereafter referred to as "SJCCD." The TDPUD and SJCCD may be referred to herein as "Party' or the "Parties." This Agreement is entered into with respect to the following facts: RECITALS WHEREAS, the SJCCD has received bids for construction of utilities associated with its Truckee campus (hereinafter "Project"); and WHEREAS, the SJCCD has, at the request of the TDPUD, included in the Project certain water system facilities that are not necessary for the provision of water service to the Sierra College campus, but are beneficial to the District's overall water system. WHEREAS, the TDPUD has agreed to pay the construction costs associated with those facilities not necessary for the provision of water service to the Sierra College campus: and WHEREAS, the SJCCD has awarded construction contracts for the Project, including the work to construct the TDPUD's water facilities noted above, to the lowest responsible bidder acceptable to the SJCCD. NOW THEREFORE, the Parties agree as follows: 1. Work of the Contract. TDPUD's water facilities shall be constructed as shown on the project plans and specifications subject to reasonable changes required by actual construction conditions, as approved by the SJCCD. The Work shall also comply with the Development Agreement between SJCCD and the TDPUD dated 2. Control of Work, Upon the award of a contract to perform the Project, including the TDPUD's water facilities, the SJCCD shall have the sole authority to control and direct the activities of the SJCCD's contractor. Any communication the TDPUD desires with the contractor must be conducted through the SJCCD. TDPUD shall have the right to inspect the construction and ensure that the construction meets the requirements of the Approved Drawings and the District's current Water System Construction Standards. 3. Payment to SJCCD. TDPUD agrees to make periodic payments to SJCCD. Upon completion and acceptance of a given component of the Work, TDPUD and SJCCD shall perform measurements of the actual Work performed. SJCCD shall then submit a written request for payment to TDPUD based upon the unit prices qiven in SJCCD's construction contract. The construction cost is currently estimated to be SJCCD shall include reasonable documentation supporting the request for payment. SJCCD shall be entitled to amount of thirty six P:'-B, d%1 '(N I,Board?teetine Kt,�,AprVI IS.'t AITSIef,LC dlege.Joi'It \creement.IU.doc thousand, two hundred thirty nine dollars ($36,239.00) for administrative costs. TDPUD shall make payment to SJCCD within thirty (30) days of the TDPUD's receipt of an invoice from the SJCCD. At the time that this Agreement is entered into, the Parties agree that the total cost to the TDPUD is estimated to be approximately . . and that the actual costs and expenses may exceed this estimate. 4. Change Orders. Any changes in the Work shall be authorized in writing by both the TDPUD and SJCCD prior to their construction. The TDPUD shall not be liable for costs associated with any changes not authorized by TDPUD. 5. Supplemental Agreement. There exists a Development Agreement between SJCCD and the TDPUD. This agreement is supplemental to that document. 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 DATED: BY: Peter L. Holzmeister, General Manager SIERRA JOINT COMMUNITY COLLEGE DISTRICT DATED: BY: ,r P:�B�and vleetln A'_INY?Beard.Abel ine Pk N.'(07\SlerraC me rnA 0A,