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Home My WebLink AboutRES 1992-31 - Board RESOLUTION,N0 9231 ............ F TH E T.RUCKF.E..: I[).ONNER�..PUBLIC .U.TILI'TY DLSTRI�T RESCINDING RESOLUTION ,NO 9221, WHICH 'APPROVED AND ACCEPTED CONTRACT B, . TAHOE DONNER PIPELINE REPLACEMENT PROJECT WHEREAS, on July 20, 1992, the Board of Directors of the Truckee Donner Public Utility District adopted Resolution No. 9221, approving and accepting Contract B, Tahoe Donner Pipeline Replacement Project and directing the filing of a Notice of Completion; and WHEREAS, pursuant to Resolution No. 9221, the District recorded a Notice of Completion with the Nevada County Recorder on July 28, 1992; and WHEREAS, at the time of adoption of Resolution No. 9221 and the recordation of the Notice of Completion, the District was unaware of any problems or unfinished work related to Contract B; and WHEREAS, after the adoption of Resolution No. 9221, and after the recordation of Notice of Completion with respect to Contract B, the District discovered the following problems and uncompleted work: 1. A meadow area in the Tahoe Donner Subdivision used by Ford Construction Company as a staging area was not revegetated to the satisfaction of the Lahontan Regional Water Quality Control Board. 2. Truckee Sanitary District has notified the District that their testing has revealed a likelihood that a number of sewer laterals were damaged by Ford Construction Company and may require repair. WHEREAS, District staff estimates that the approximate cost to completely revegetate the staging area in Tahoe Donner to the satisfaction of the Lahontan Regional Water Quality Control Board is $30,000; and WHEREAS, District staff estimates that the approximate cost to repair the damaged sewer laterals is $30,000; and WHEREAS, with the exceptions of the items listed above, the project has been completed by the contractor, and the contractor has conformed with the provisions of the contract; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That Resolution No. 9221 is hereby rescinded, in its entirety. 2. That the Clerk of the District is directed to file with Nevada County a Rescission of Notice of Completion, a copy of which is attached hereto. 3. That the District hereby conditionally accepts Contract B, Tahoe Donner Pipeline Replacement Project, subject to correction, repair, and/or completion of the items listed above. 4. That the Clerk of the District be directed to file with the County of Nevada a new Notice of Completion, a copy of which is attached hereto. 5. That 35 days following the filing of the new Notice of Completion, the 5% retained from contractor payments, less the amounts listed above which are to be retained by the District, be released to the contractor if no claims have y been made to the District by materials suppliers or laborers. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 17th day of August 1992 by the following roll call vote: AYES: Aguera, Corbett, Curran, Maass and Sutton. NOES: None. ABSENT.• None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT BY -Qnr, - - a_v�� Jjtph R. Aguera, Pre ent ATTEST- Susan M. Craig, Deputy DistriGfClerk smc RECORDING REQUESTED BY: Truckee Donner Public Utility District WHEN RECORDED, RETURN TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee, CA 96160 RESCISSION OF NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the Notice of Completion previously recorded by the Truckee Donner Public Utility District on July 28, 1992, as document no. 92-26116 of the official records of Nevada County, is hereby rescinded, and is of no further force and effect. 2. That the reasons for the rescission of the Notice of Completion are set forth in Resolution No. 92 j of the Truckee Donner Public Utility District, adopted on August 17, 1992. Dated: i 9 TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Peter L. Holzmeister, eneral Manager STATE OF CALIFORNIA COUNTY OF NEVADA On ;�/, j9� , before me, j_,. , �, iG-, personally appeared PETER L. HOLZMEISTER, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Capacity claimed by signer: Corporate officer - Clerk/Ex-officio Secretary of the Truckee Donner Public Utility District. Witness nd a d official seal. SEP�.° OFFICIAL SEAL - 1 •'iWurq_1t, • c'` `�A SUSAN M CRAIG usan M. Craig, Notary W L�E ,o NOTARY PUBLIC - CAL�FORNIA � o i , , NEVADA COUNTY My comm. expires MAY 29, 1293 '� �. RECORDING REQUESTED BY: Truckee Donner Public Utility District WHEN RECORDED, RETURN TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee, CA 96160 NOTICE OF COMPLETION 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 August 17, 1992 the hereinafter described improvements were conditionally accepted as completed pursuant to Resolution No. 9Z3/ of the Truckee Donner Public Utility District, the awarding authority. The conditions of acceptance are set forth in said resolution. 3. That the subject improvements of the Notice are generally described and identified as follows: TAHOE DONNER PIPELINE REPLACEMENT PROJECT,CONTRACT B,a project located in Truckee,Nevada County, California, more specifically, the Tahoe Donner Subdivision, Truckee, California. 4. That the name of the contractor for such project was: Ford Construction Company, Dated: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By �&zo STATE OF CALIFORNIA Peter L. ei Holzmster, General Manager COUNTY OF NEVADA �/, z before me, �y�,�y , �, �� personally appeared PETER L. H LZMEISTER, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Capacity claimed by signer: Corporate officer - Clerk/Ex-officio Secretary of the Truckee Donner Public Utility District. Witness my fid an official seal. 5� OFFICIAL SEAL v 4. SUSAN M CRAIG Susan M. Craig, Notary Y`� r y ;o NOTE RY PL'EL'•C - CAL?Fpk ;q v NEMDA COUNTY 9,royP MY Comm. expires MAY 29IS993 Y wti�.