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HomeMy WebLinkAbout10 Sierra College Potable Water Agenda Item # CKEE DONNER Publica ty Distric Memorandum To: Board of Directors From: Neil Kaufman Date: July 10, 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: In April 2007, the Board gave approval to entering into an agreement with Sierra College regarding the upsizing and construction of water system improvements associated with the college's Truckee campus. The draft agreement presented to the Board showed a total payment of $277,239 from the District to Sierra College. The Board approved a total expenditure of up to $300,000, providing about$23,000 for contingencies. 3. New information: The draft agreement presented in April was never finalized and signed by the District. Since April 2007, two issues have arisen that should be brought to the attention of the Board. 1) There is about 1,100 feet of pipeline running from the main building site west to State Route 89. This section of pipe will be 12-inch. A 12-inch pipe is needed by the District and is identified in the 2004 Water System Master Plan. In April, it was expected that Sierra College would be paying the entire cost of this section of pipe. Sierra College later submitted documentation indicating that an 8-inch pipe was needed by the college. Upon review of this information, I agree that only an 8-inch pipe is needed by the college. Therefore, the District would be responsible for the cost of upsizing this section of pipe from 8" to 12". The cost quoted by the College for this upsizing is $39,932. 2) In April, I had indicated that Southwest Gas would be contributing some money towards the construction of a joint trench containing water and gas piping. At that time, I had estimated this value at between $10,000 and $20,000. This value has been finalized at $6,188. A revised agreement has been prepared encompassing the above two items. The total payment from the District to Sierra College is now $310,983. In order to provide a small contingency allowance, I am requesting authorization for expenditure of up to $330,000. 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 $330,000. 2) The Board authorize staff to transfer the necessary funds from Water Facility Fees to the Water General funds to pay for the improvements. Attachment: Revised Draft Supplemental Agreement with SJCCD UTILITY CONSTRUCTION AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND SIERRA JOINT COMMUNITY COLLEGE DISTRICT This Agreement is entered into on the day of , 2007 between the TRUCKEE 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, a local public agency of the State of California, 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 contracted for construction of its Truckee Campus Project (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 Project, but are beneficial to the TDPUD's overall water system; WHEREAS, the improvements include upsizing the water line near the nursery on Donner Pass Rd at STA 10+34 to the campus at STA 19+00 (approximately) from 12" to 16", upsizing the water line from 8" to 12" from STA 14+00 to STA 2+81, extending a 12" water line from STA 2+81 to the southwest corner of Deerfield Drive and Hwy 89 and extending a 12" water line from STA 2+81 west across Hwy 89 as shown on Increment 1 Rough Grading and Site Utilities Plans dated June 15, 2007 and Offsite Water and Hwy 89 Improvement Plans dated January 5, 2007. 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 a contract for the construction of the project pursuant to California law including Education Code 81335, and the contract shall include the work to construct the TDPUD's water facilities noted above. NOW THEREFORE, the Parties agree as follows: 1. Work of the Contract. The SJCCD agrees to upsize the water line near the nursery on Donner Pass Rd at STA 10+34 to the campus at STA 19+00 (approximately) from 12" to 16", upsize the water line from 8" to 12" from STA 14+00 to STA 2+81, extend a 12" water line from STA 2+81 to the southwest corner of Deerfield Drive and Hwy 89 and extend a 12" water line from STA 2+81 west across Hwy 89. 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 July , 2007. 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 Page 1 of 3 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 TDPUD'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. SJCCD shall then submit a written request for payment to TDPUD. SJCCD shall include reasonable documentation supporting the request for payment. 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 three hundred ten thousand, nine hundred eighty three dollars ($310,983) and that the actual costs and expenses may exceed this estimate. SJCCD shall be entitled to additional amount of Fifteen-Hundred Dollars ($1,500)for administrative costs. 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. SJCCD shall be responsible for all change orders occurring on upsizing the water line near the nursery on Donner Pass Rd at STA 10+34 to the campus at STA 19+00 from 12" to 16", and upsizing the water line from 8" to 12" from STA 14+00 to STA 2+81. All change orders and delays associated with extending the 12" water line from STA 2+81 to the southwest corner of Deerfield Dr and Hwy 89 and across Hwy 89 to the POC and extending a 12" water line from STA 2+81 west across Hwy 89 shall be borne 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. Page 2 of 3 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: Title: Page 3 of 3