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HomeMy WebLinkAbout9 Four Development Agreements AM *As 44 Agenda Item # 9 TRUCKEE i Putilic Utility District Memorandum To: Board of Directors From: John Ulrich Date: December 19, 2007 Subject: Board Approval of Four Development Agreements 1. WHY THIS MATTER IS BEFORE THE BOARD District Resolution 9527, dated September 5, 1995 delegates authority for approval of certain agreements, including Development Agreements. A Development Agreement exceeding $200,000, total value, require approval of the Board. Mission Statement Objective: 4. Manage the District in a responsible manner. 6 Manage the District in an effective, efficient and fiscally responsible manner. Goal: 4.1 District will conduct its business in a lawful and ethical way. 6.6 Develop appropriate financial procedures to assure responsible financial management. 2. HISTORY The review guidelines listed in Resolution indicate that: "The total amount of the project refer to the total value of on-site improvements being installed by the developer to be conveyed to the District for ownership operation and maintenance." 3. NEW INFORMATION The four Development Agreements are as follows, with corresponding total value: Palisades Truckee Townhouses Water $279,440.00 Sierra Community College Water $1,400,000.00 Sierra Community College Electric $312,558.91 The Village @ Gray's Crossing Water $478,180.00 4. RECOMMENDATION The Board authorize the President of the Board to approve the four development agreements by the Board President. John Ulrich, Interim GM Agenda Item # 9 Memorandum OWN To: Board of Directors From: John Ulrich Date: December 19, 2007 Subject: Board Approval of Four Development Agreements 1. WHY THIS MATTER IS BEFORE THE BOARD District Resolution 9527, dated September 5, 1995 delegates authority for approval of certain agreements, including Development Agreements. A Development Agreement exceeding $200,000, total value, require approval of the Board. Mission Statement Objective: 4. Manage the District in a responsible manner. 6 Manage the District in an effective, efficient and fiscally responsible manner. Goal: 4.1 District will conduct its business in a lawful and ethical way. 6.6 Develop appropriate financial procedures to assure responsible financial management. 2. HISTORY The review guidelines listed in Resolution indicate that: "The total amount of the project refer to the total value of on-site improvements being installed by the developer to be conveyed to the District for ownership operation and maintenance." 3. NEW INFORMATION The four Development Agreements are as follows, with corresponding total value: Palisades Truckee Townhouses Water $279,440.00 Sierra Community College Water $312,558.91 Sierra Community College Electric $1,400,000.00 The Village @ Gray's Crossing Water $478,180.00 4. RECOMMENDATION The Board authorize the President of the Board to approve the four development a eme s by the rd President. J n Ulrich, Interim G ELECTRIC DEVELOPMENT AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND SIERRA JOINT COMMUNITY COLLEGE DISTRICT APN 18-660-38& 19-300-70 Sierra Community College-Truckee Center This agreement is entered into between the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California, hereafter referred to as"the District," and SIERRA JOINT COMMUNITY COLLEGE DISTRICT,hereafter referred to as"Developer,"with respect to the following facts: RECITALS A. Developer is the owner of that certain real property located within Nevada County, California, bearing Assessor's Parcel Numbers 18-660-38 & 19-300-70 on which Developer intends to construct°a new community college campus on the proposed site. Development will consist of parking, roads, educational classrooms, faculty and administrative offices and additional educational support spaces", hereafter referred to as the"Project." B. Developer intends to construct a complete electric distribution system for the Project in accordance with the approved plans and specifications.Such system shall hereafter be referred to as the"electric distribution system." C. N/A D. The electric distribution system is a necessary part of the Project,and Developer has requested that the District accept the system by including it within the District's existing integrated system. Developer has further requested that, upon completion, the District thereafter own, operate, maintain, repair, and replace the electric distribution system as necessary. E. The District is willing to accept the electric distribution system, providing it is properly constructed in accordance with the approved plans,specifications and terms of this agreement. F. Complete plans and specifications for the construction of the electric distribution system have been prepared in accordance with the District's Rules and Regulations and with the requirements and specifications as hereafter set forth. Copies of the approved plans and specifications are on file in the District's Electric Department. G. Developer has selected contractors for construction of the electric portions of this Project. The names of the contracting firms, contact persons, mailing addresses,telephone numbers and a schedule of construction dates have been included on data sheets entitled Contractor Firm Data Sheets, and are on file in the District's Electric Department. H. The following items are on file in the District office and incorporated herein by reference: • Development agreement application 1 6. Indemnification. Each party shall indemnify, defend and save harmless the other party, its officers,agents and employees,and each of them,of and from any and all claims,demands, causes of action, damages,costs,expenses, losses,or liabilities,in law or in equity,of every kind and nature whatsoever, for, but not limited to, injury to or death of any person, and damages to or destruction of property, arising out of or in any manner directly or indirectly connected with the work to be performed under this Agreement,that is caused by or arising out of its (i.e.—the indemnifying party's) negligence or gross misconduct. 7. Improvements by and Responsibilities of Developer. Developer shall perform and be responsible for all labor and material expenses involved in performing the electric distribution system improvements described in the drawing attachment entitled General Construction Notes. 8. Improvements by and Responsibilities of District. The District shall perform electric distribution system improvements at Developer's expense as described in the drawing attachment entitled General Construction Notes.The construction costs deposited with the District shall be applied to the actual construction costs unless otherwise indicated. If the actual construction costs exceed such deposit, Developer shall pay such excess within thirty (30) days of receipt of the District's invoice. 9. Construction Inspection.The District shall inspect the construction from time to time, in order to determine that the electric distribution system is installed in accordance with the approved improvement plans, construction specifications and the terms of this agreement. a. The District shall notify the Developer and/or the Developer's representatives in writing as to any deviation from the approved improvement plans, construction specifications and the terms of this agreement.The Developer and/or the Developer's representatives shall correct such deviation or failure as soon as is reasonably practicable. 10. Timely Construction Required. Construction of the electric distribution system shall be completed, as defined herein, within twenty four(24) months from the date of execution of this agreement. In the event Developer fails to complete the electric distribution system within that time, the District may in its discretion (1) increase any and all fees and costs to equal the District's current charges, (2) require Developer's plans and specifications to be updated and redrawn to comply with the District's current standards, and(3)terminate this Agreement and recover from Developer the full cost of all expenses and charges incurred by the District, including but not limited to material, labor, backfill, paving and outside services. 11. Developer's Warranty. Developer warrants and guarantees that all labor and materials supplied by Developer are of a good and workmanlike quality,free of any defects of any type whatsoever for a period of one(1)year after unconditional acceptance by the District.Within the period of this warranty, Developer shall repair or replace, at Developer's expense, any defective material or workmanship.The District shall notify Developer of any malfunction or nonconformity promptly upon discovery. Within fifteen (15) business days after receiving notice from the District, Developer shall commence to repair or replace the defective part and will expeditiously pursue such worts to completion. Emergency repairs will be coordinated by District and charged to the Developer. 12. No Early Use of Project. Developer shall not request or obtain a temporary occupancy permit,final inspection approval, nor shall Developer use, or permit anyone else to use,any 3 and repair of the electric distribution system. Upon unconditional acceptance of the electric distribution system by the District,the District shall thereafter own,operate, maintain,repair and replace the electric distribution system,unless such repairs or replacements are covered by Developer's warranty.Thereafter,the District shall use its best efforts to provide adequate electric service to the Project upon request and payment of all appropriate fees and charges, in accordance with California law and District Rules and Regulations. 17. Notices. Notices or requests from either party to the other shall be in writing and delivered or mailed, postage prepaid, to the following addresses: SIERRA JOINT COMMUNITY COLLEGE DISTRICT Rob Koster 11839 Donner Pass Road Truckee, CA 96161 TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee, CA 96160 18. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of all parties; however, Developer shall not assign any of its rights, duties or obligations under this Agreement without the prior written consent of the District. 19. District Powers. Nothing contained herein shall be deemed to limit, restrict, or modify any right, duty,or obligation given,granted,or imposed upon the District by the laws of the State of California now in effect, or hereafter adopted, nor to limit or restrict the power or authority of the District. The District may enact rules, regulations, resolutions, or ordinances, including,without limitation,creation of service zones and rate differentials applicable within the Project area that may not be applicable elsewhere, at its discretion. 20. Severability. In the event that any part or provision of this Agreement is found to be illegal or unconstitutional by a court of competent jurisdiction, such findings shall not affect the remaining parts, portions, or provisions of this Agreement. 21. 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. 22. 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. 23. 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 5 Estimated Costs and Calculation of Fees ESTIMATED ELECTRIC FEES FACILITIES,CONNECTION,AND METERING Sierra Community College WO#05-644191 1.FACILITIES FEES 1200A 3 Phase 120/208 Service $11,348.00 Commercial Total Facilities Fees $11,348.00 2.CONNECTION FEES Single Phase Line Extension Labor cost $144,320.21 Material cost $166,576.63 Total Connection Fees $310,896.84 3.METERING FEES One Three-phase, CT rated meter Labor cost $827.62 Material cost $834.45 Total Metering Fees $1,662.07 TOTAL $323,906.91 Project Documentation Deposit(see note 1.) 5.0% $15,627.96 GRAND TOTAL $339,634.86 Less Deposit paid 12/1/05 ($1,000.00) BALANCE DUE $338,534.86 Note: 1. The Project Documentation Deposit will be refunded to the developer when the project as-built drawings have been submitted to and accepted by the District in accordance with District policy, See Development Agreement for more information. 2. This project includes connection charges for infrastructure and connection and metering fees for only the administration building.Any and all future buildings will require additional contracts with the District for assessment of Facility and Metering fees. 7 DEVELOPER RESPONSIBILITIES The details of the District's As-Built Drawing policy are outlined below. The policy makes numerous references to a party designated as the"Developer." The term "Developer" is intended to refer to the project developer or property owner who is responsible for the construction of the project and the required water and/or electric system improvements. The Developer may utilize other parties or designated agents such as contractors, architects, surveyors or engineers to perform the duties and responsibilities outlined in this Policy. However, the failure of a third party to comply with this policy and its obligations shall not relieve the Developer of his responsibilities and shall not imply or impose any obligations upon the District. PROJECT DOCUMENTATION DEPOSIT At the time that the Developer signs the Development Agreement, the District shall impose a Project Documentation Deposit equal to 5 percent of the construction cost of water and/or electric facilities to serve the project. The minimum deposit shall be $1000. This deposit shall be held by the District and refunded to the Developer upon successful completion of the As- Built Drawings as outlined below. The Developer shall not be due any interest on monies held by the District. AS-BUILT DRAWING PROCEDURES During the construction of the project, the Developer shall be responsible for maintaining a set of As-Built Drawings. The basis of the As-Built Drawings shall be the Construction Drawings as reviewed and approved by the District. 1. The Developer shall maintain one set of As-Built Drawings at the Project Site. On these, all project conditions, locations, configurations, and any other changes or deviations that may vary from the information represented on the original Construction Drawings shall be noted; including buried or concealed construction and utility features that are revealed during the course of construction. Special attention shag be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Construction Drawings. Drawings shall also note the location of any other buried infrastructure such as landscape irrigation, onsite drainage, lighting, hydronic heating, etc., as well as any surface building obstacles such as ponds, fences, walls, rocks, etc. As-Built drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the facilities as actually constructed. DP[ I) . s-dui(t i'oiic� •• AS-BUILT DRAWING FORMAT The Developer shall submit one hard copy of the As-Built Drawings. The Developer shall also submit electronic files containing the information depicted on the As-Built Drawings. Electronic files shall conform to the following requirements: A. File format shall be in one of the following formats: i. AutoCAD Release 14-2000 compatible(.DWG, .DXF) ii. ESRI compatible(Shape, Coverage, 8.x Personal Geo-database) B. Files shall be submitted on portable media such as 3.5-inch floppy diskette, ZIP disk or CD-ROM. The media containing the files shall become the property of the District, and will not be returned to the Developer. Files may be compressed in a format that is compatible with the WinZip decompression software. C. The Developer shall submit all files used to produce the As-Built Drawings. Drawing files may utilize external references to reduce file size. However, all such reference files shall be included in the submittal and must conform to District layering standards. D. Drawing layer structure shall be as given in the Layering Convention Section. The Developer may use any combination of other layer names as desired for other elements depicted in the drawings. However, the relevant infrastructure system facilities shall appear on the designated layers. If certain facilities indicated by a given layer are not included as part of the project, the corresponding drawing layers may be purged from the drawing file. Paper submittals shall conform to the following requirements: A. Drawings shall be 24"x 36" or 22"x 34" and shall be printed on bond paper B. All plan sheets shall be to scale and the scale shall be clearly noted on the drawings. C. All plan sheets shall have an arrow indicating the direction north. D. In cases where plan and profile sheets cannot completely depict the facilities as constructed, the Developer shall utilize details, sections, elevations or other similar drawings to illustrate the facilities as constructed. Such drawings shall be to scale and the scale shall be clearly noted on the drawings. I7Pt..;'€) : 5 I3!iilt rat-iicy ANPIVTRUCKEEi .� 4 i? R-EXISTING OBSTACLE All existing surface obstacles including fence, walls, rockery, ponds, guardrails, etc. that may hamper construction, within the vicinity of the project under development. Each should be labeled with text describing what they are. R-NEW OBSTACLES All new surface obstacles including fence, walls, rockery, ponds, guardrails, etc. that may hamper construction, within the vicinity of the project under development. Each should be labeled with text describing what they are. Any existing features from discovery that are a) within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. R-EXIST TRAFFIC All existing traffic signals, signal poles, control boxes, sensor loops and similar traffic control devices within the vicinity of the project under development. Existing Traffic information will not be available in the PUD discovery. R-NEW TRAFFIC All new traffic signals, signal poles, control boxes, sensor loops and similar traffic control devices to be constructed as part of the project under development. R-EXIST LIGHTING All existing street lighting, light poles, circuits(both underground and overhead), control boxes and similar lighting devices within the vicinity of the project under development. R-NEW LIGHTING All new street lighting, light poles, circuits(both underground and overhead), control boxes and similar lighting to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b)incorrect based on new survey information will be recreated as a new feature on the"new"layer. R-EXIST TOPO All existing topographic information including contours, and spot heights that are within the vicinity of the project under development. R-NEW TOPO All new topographic information including contours, and spot heights that are within the vicinity of the project under development. Under Town specifications, new topographic information should always be surveyed for the area within the vicinity of the project under development. R-EXIST CONTROL All existing survey control that are used in the survey of the project under development. R-NEW CONTROL All new control points created in the development of the project. Water Facilities W-NEW PIPE All new main line water piping to be constructed as part of the project under development. Main line piping is all piping to be dedicated to the District and maintained by the District upon successful completion of testing &acceptance of the facilities by the District. Lateral Pipes will be put on a different layer. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST PIPE All existing water piping within the vicinity of the project under development. Such piping may or may not be a point of connection for new piping to be constructed. W-NEW LATERAL All new water laterals, service and fire hydrant, to be constructed as part of the project under development. For the purposes of As-Built Drawings only, the lateral is considered all piping from the main line pipe through the meter box to the point of termination. The depiction of laterals may be stopped where they enter a structure. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new"layer. W-EXIST LATERAL All existing water laterals, service and fire hydrant, within the vicinity of the project under development. W-NEW BOX All new water meter boxes to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST BOX All existing water meter boxes within the vicinity of the project under development. W-NEW FH All new fire hydrants to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST FH All existing fire hydrants within the vicinity of the project under development. S-NEW MH All new sewer manholes to be constructed as part of the project under development. Other new appurtenances such as tees and wyes shall also be depicted on this layer. S-EXIST MH All existing sewer manholes and appurtenances within the vicinity of the project under development. Drainage Facilities D-NEW PIPE All new storm drain piping and culverts to be constructed as part of the project under development. D-EXIST PIPE All existing storm drain piping and culverts within the vicinity of the project under development. Such piping may or may not be a point of connection for new piping to be constructed. D-NEW APP All new storm drain drop inlets,junction boxes, manholes, headwalls and similar appurtenances to be constructed as part of the project under development. D-EXIST APP All existing storm drain drop inlets,junction boxes, manholes, headwalls and similar appurtenances within the vicinity of the project under development. Such appurtenances may or may not be a point of connection for new facilities to be constructed. Text The size, material, lining and coating of all new water system facilities, as well as size, material and type of all new electric system facilities including conduit, vaults, boxes, service panels and meter panels, shall be noted: i. On the plans. ii. As text, on it's corresponding CAD layer. (i.e. Pipe size and material on W- NEW_PIPE) TDPt�D AS-Built Policy TRUCKEE DONNE 12 DISCOVER`` The District has compiled an extensive collection of geographic information in the Truckee, California area. This information has a high accuracy and would be extremely valuable in any discovery required by the developer before construction. In no way, however, does this information disavow the responsibilities of the developer to survey the project area, survey existing facilities the project will tap into, or have USA performed in the area. The discovery information will be placed by the district on the"EXIST"layers described in the layer conventions, if they exist in the confines of the project area. Any existing information that survey notes to be incorrect and is within the confines of the project area is to be recreated on the"NEW"corresponding layer. All layers described in the layering convention will also be supplied in a .DWG format drawing to the developer upon request. Current information that can be requested: All Electric Facility Data All Water Facility Data PUD Broadband Facility Parcel Boundaries Water Boundaries Bridges Edge of Pavement Right of Way Buildings Obstacles (Fence, Pond, etc.) Survey Control Topo with Metadata Aerial Photographs Easements As a note, it is still possible for any of this information to already exist within the project area, and for the PUD not have it, or know about it. In such cases, it is the responsibility of the developer to ensure that all existing information is properly recorded on displayed in the As-built. Discovery is to only aide the developer in collecting this information quicker and cheaper. Discovery information for Drainage and Sanitation must come from the Town and TSD respectively. Discovery information supplied by the PUD is the sole property of the PUD and must be returned with the as-built submittal. At no time may any discovery information be given to a third party. Third parties wishing to obtain discovery information may contact the GIS Coordinator at the number below. CONTACT INi=CRMATiON GIS COORDINATOR WATER ENGINEER ELECTRIC ENGINEER Ian Fitzgerald Neil Kaufman Joe Horvath 530-582-3952 530-582-3950 530-582-3969 I'I7P L'D 3uili i't !t vr,"-TRUCKEE .• 12 !2 WATER DEVELOPMENT AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND GRYPHON ENTERPRISES APN 19-450-44 Palisades Truckee Townhomes This agreement is entered into between the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California, hereafter referred to as"the District,"and GRYPHON ENTERPRISES, hereafter referred to as "Developer,"with respect to the following facts: RECITALS A. Developer is the owner of that certain real property located within Nevada County, California, bearing Assessors Parcel Number 19-450-44 on which Developer intends to construct "Palisades Truckee Townhomes", hereafter referred to as the "Project." B. N/A C. Developer intends to construct a complete water distribution system for the Project for domestic and fire protection use, including pipes, valves, service laterals, and related equipment, in accordance with the approved plans and specifications.Such system shall hereafter be referred to as the "water distribution system." D. The water distribution system is a necessary part of the Project, and Developer has requested that the District accept the system by including it within the District's existing integrated systems. Developer has further requested that, upon completion, the District thereafter own, operate, maintain, repair, and replace the water distribution system as necessary. E. The District is willing to accept the water distribution system providing it is properly constructed in accordance with the approved plans, specifications and terms of this agreement. F. Complete plans and specifications for the construction of the water distribution system has been prepared in accordance with the District's Rules and Regulations and with the requirements and specifications as hereafter set forth. Copies of the approved plans and specifications are on file in the District's Water Department. G. Developer has selected contractors for construction of the water portion of this Project. The names of the contracting firms, contact persons, mailing addresses,telephone numbers and a schedule of construction dates have been included on data sheets entitled Contractor Firm Data Sheets, and are on file in the District's Water Department. H. The following items are on file in the District office and incorporated herein by reference: • Development agreement application 1 6. Indemnification by Developer. Developer shall indemnify, defend and save harmless the District, its officers,agents and employees,and each of them,of and from any and all claims, demands, causes of action, damages, costs, expenses, losses, or liabilities, in law or in equity, of every kind and nature whatsoever, for, but not limited to, injury to or death of Developer, any subcontractor of Developer, or any officers, agents or employees of the District, of Developer, or of any subcontractor, or any other person, and damages to or destruction of property of the District or any other person, arising out of or in any manner directly or indirectly connected with the work to be performed under this Agreement,however caused, regardless of any negligence of the District or its officers,agents or employees,be it active or passive, except the sole negligence or willful misconduct of the District. 7. Improvements by and Responsibilities of Developer. Developer shall perform and be responsible for all labor and material expenses involved in performing the water distribution system improvements described in the attachment entitled Improvements by and Responsibilities of Developer. 8. Improvements by and Responsibilities of District.The District shall perform water distribution system improvements at Developer's expense as described in the attachment entitled Improvements by and Responsibilities of District. The construction costs deposited with the District shall be applied to the actual construction costs unless otherwise indicated. If the actual construction costs exceed such deposit, Developer shall pay such excess within thirty (30) days of receipt of the District's invoice. 9. Construction Inspection.The District shall inspect the construction from time to time,in order to determine that the water distribution system is installed in accordance with the approved improvement plans, construction specifications and the terms of this agreement. a. The District shall notify the Developer and/or the Developer's representatives in writing as to any deviation from the approved improvement plans, construction specifications and the terms of this agreement.The Developer and/or the Developer's representatives shall correct such deviation or failure as soon as is reasonably practicable. 10. Timely Construction Required. Construction of the water distribution system shall be completed, as defined herein, within twelve (12) months from the date of execution of this agreement. In the event Developer fails to complete the water distribution system within that time, the District may in its discretion (1) increase any and all fees and costs to equal the District's current charges,(2)require Developer's plans and specifications to be updated and redrawn to comply with the District's current standards, and(3)terminate this Agreement and recover from Developer the full cost of all expenses and charges incurred by the District, including but not limited to material, labor, backfill, paving and outside services. 11. Developer's Warranty. Developer warrants and guarantees that all labor and materials supplied by Developer are of a good and workmanlike quality,free of any defects of any type whatsoever for a period of one(1)year after unconditional acceptance by the District.Within the period of this warranty, Developer shall repair or replace, at Developer's expense, any defective material or workmanship. The District shall notify Developer of any malfunction or nonconformity promptly upon discovery. Within fifteen (15) business days after receiving notice from the District, Developer shall commence to repair or replace the defective part and will expeditiously pursue such work to completion. Emergency repairs will be coordinated by District and charged to the Developer. 3 installed water distribution system with documentation to substantiate the stated value. g. Developer shall pay any outstanding costs and fees. 16. Responsibilities After Unconditional Acceptance. Prior to unconditional acceptance of the water distribution system by the District, Developer shall be responsible for all maintenance and repair of the water distribution system. Upon unconditional acceptance of the water distribution system by the District, the District shall thereafter own, operate, maintain, repair and replace the water distribution system, unless such repairs or replacements are covered by Developer's warranty.Thereafter,the District shall use its best efforts to provide adequate water service to the Project upon request and payment of all appropriate fees and charges,in accordance with California law and District Rules and Regulations. 17. Notices. Notices or requests from either party to the other shall be in writing and delivered or mailed, postage prepaid, to the following addresses: GRYPHON ENTERPRISES Mimi Ash 11899 Edgewood Road, Suite M Auburn, CA 95603 TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee, California 96160 18. Successors and Assigns. This Agreement shall be binding upon and insure to the benefit of the successors and assigns of all parties; however, Developer shall not assign any of its rights, duties or obligations under this Agreement without the prior written consent of the District. 19. District Powers. Nothing contained herein shall be deemed to limit, restrict, or modify any right, duty, or obligation given, granted, or imposed upon the District by the laws of the State of California now in effect, or hereafter adopted, nor to limit or restrict the power or authority of the District. The District may enact rules,regulations,resolutions,or ordinances,including, without limitation,creation of service zones and rate differentials applicable within the Project area that may not be applicable elsewhere, at its discretion. 20. Severability. In the event that any part or provision of this Agreement is found to be illegal or unconstitutional by a court of competent jurisdiction, such findings shall not affect the remaining parts, portions, or provisions of this Agreement. 21. 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. 22. 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 5 Estimated Costs and Calculation Of Fees Estimated Costs WO# - 03-74499 Palisades Truckee Town Homes The Estimated Costs are as follows: Administrative and design $ 1,000.00 Engineering & modeling $ 0.00 Construction and inspection $ 4,675.00 Proiect documentation deposit $13,972.00 Total Estimated Costs $19,647.00 Less Deposit Paid in Advance ($1,000.00) BALANCE DUE $ lLG47.00 Facilities and Connection Fees are due and payable at the time service is requested and building permits are applied for. 7 Improvements by and Responsibilities of District 1. Operate water system as required including customer notification (outages), system shut-down and system flushing. 2. Attend pre-construction meeting (Planner& Inspector). 3. Perform two main line taps through contractor installed sleeves and valves. 4. Inspect installation and construction of Project. 5. Observe pressure/leakage test. 6. Take bacteriological samples. 7. Test locator wire installation. 8. Specify, approve and inspect installation of all required back flow equipment. 9. Attend final walk thru inspection and prepare punch list if necessary. 9 DEVELOPER RESPONSIBILITIES The details of the District's As-Built Drawing policy are outlined below. The policy makes numerous references to a party designated as the"Developer." The term "Developer" is intended to refer to the project developer or property owner who is responsible for the construction of the project and the required water and/or electric system improvements. The Developer may utilize other parties or designated agents such as contractors, architects, surveyors or engineers to perform the duties and responsibilities outlined in this Policy. However, the failure of a third party to comply with this policy and its obligations shall not relieve the Developer of his responsibilities and shall not imply or impose any obligations upon the District. PROJECT DOCUMENTATION DEPOSIT At the time that the Developer signs the Development Agreement, the District shall impose a Project Documentation Deposit equal to 5 percent of the construction cost of water and/or electric facilities to serve the project. The minimum deposit shall be$1000. This deposit shall be held by the District and refunded to the Developer upon successful completion of the As- Built Drawings as outlined below. The Developer shall not be due any interest on monies held by the District. AS-BUILT DRAWING PROCEDURES During the construction of the project, the Developer shall be responsible for maintaining a set of As-Built Drawings. The basis of the As-Built Drawings shall be the Construction Drawings as reviewed and approved by the District. 1. The Developer shall maintain one set of As-Built Drawings at the Project Site. On these, all project conditions, locations, configurations, and any other changes or deviations that may vary from the information represented on the original Construction Drawings shall be noted; including buried or concealed construction and utility features that are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Construction Drawings. Drawings shall also note the location of any other buried infrastructure such as landscape irrigation, onsite drainage, lighting, hydronic heating, etc., as well as any surface building obstacles such as ponds, fences, walls, rocks, etc. As-Built drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the facilities as actually constructed. VDPUD As-Built Policy "O 2 12 AS-BUILT DRAWING MRIVIAT The Developer shall submit one hard copy of the As-Built Drawings. The Developer shall also submit electronic files containing the information depicted on the As-Built Drawings. Electronic files shall conform to the following requirements: A. File format shall be in one of the following formats: i. AutoCAD Release 14-2000 compatible(.DWG, .DXF) ii. ESRI compatible(Shape, Coverage, 8.x Personal Geo-database) B. Files shall be submitted on portable media such as 3.5-inch floppy diskette, ZIP disk or CD-ROM. The media containing the files shall become the property of the District, and will not be returned to the Developer. Files may be compressed in a format that is compatible with the WinZip decompression software. C. The Developer shall submit all files used to produce the As-Built Drawings. Drawing files may utilize external references to reduce file size. However, all such reference files shall be included in the submittal and must conform to District layering standards. D. Drawing layer structure shall be as given in the Layering Convention Section. The Developer may use any combination of other layer names as desired for other elements depicted in the drawings. However,the relevant infrastructure system facilities shall appear on the designated layers. If certain facilities indicated by a given layer are not included as part of the project, the corresponding drawing layers may be purged from the drawing file. Paper submittals shall conform to the following requirements: A. Drawings shall be 24"x 36"or 22"x 34" and shall be printed on bond paper B. All plan sheets shall be to scale and the scale shall be clearly noted on the drawings. C. All plan sheets shall have an arrow indicating the direction north. D. In cases where plan and profile sheets cannot completely depict the facilities as constructed, the Developer shall utilize details, sections, elevations or other similar drawings to illustrate the facilities as constructed. Such drawings shall be to scale and the scale shall be clearly noted on the drawings. TI)PI'D A�-Bjiilt Policy DONNER 1 4 1, R-EXISTING OBSTACLE All existing surface obstacles including fence, walls, rockery, ponds, guardrails, etc. that may hamper construction, within the vicinity of the project under development. Each should be labeled with text describing what they are. R-NEW OBSTACLES All new surface obstacles including fence, walls, rockery, ponds, guardrails, etc. that may hamper construction, within the vicinity of the project under development. Each should be labeled with text describing what they are. Any existing features from discovery that are a) within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. R-EXIST TRAFFIC All existing traffic signals, signal poles, control boxes, sensor loops and similar traffic control devices within the vicinity of the project under development. Existing Traffic information will not be available in the PUD discovery. R-NEW TRAFFIC All new traffic signals, signal poles, control boxes, sensor loops and similar traffic control devices to be constructed as part of the project under development. R-EXIST LIGHTING All existing street lighting, light poles, circuits(both underground and overhead), control boxes and similar lighting devices within the vicinity of the project under development. R-NEW LIGHTING All new street lighting, light poles, circuits (both underground and overhead), control boxes and similar lighting to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. R-EXIST TOPO All existing topographic information including contours, and spot heights that are within the vicinity of the project under development. R-NEW TOPO All new topographic information including contours, and spot heights that are within the vicinity of the project under development. Under Town specifications, new topographic information should always be surveyed for the area within the vicinity of the project under development. R-EXIST CONTROL All existing survey control that are used in the survey of the project under development. R-NEW CONTROL All new control points created in the development of the project. TDPC D .4s-Built Pot�cy 12 Water Facilities W-NEW PIPE All new main line water piping to be constructed as part of the project under development. Main line piping is all piping to be dedicated to the District and maintained by the District upon successful completion of testing & acceptance of the facilities by the District. Lateral Pipes will be put on a different layer. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST PIPE All existing water piping within the vicinity of the project under development. Such piping may or may not be a point of connection for new piping to be constructed. W-NEW LATERAL All new water laterals, service and fire hydrant, to be constructed as part of the project under development. For the purposes of As-Built Drawings only, the lateral is considered all piping from the main line pipe through the meter box to the point of termination. The depiction of laterals may be stopped where they enter a structure. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST LATERAL All existing water laterals, service and fire hydrant, within the vicinity of the project under development. W-NEW BOX All new water meter boxes to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b)incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST BOX All existing water meter boxes within the vicinity of the project under development. W-NEW FH All new fire hydrants to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new"layer. W-EXIST FH All existing fire hydrants within the vicinity of the project under development. ICDPUD A,-Built Pc.�Iicy Ir .. 8 12 S-NEW MH All new sewer manholes to be constructed as part of the project under development. Other new appurtenances such as tees and wyes shall also be depicted on this layer. S-EXIST MH All existing sewer manholes and appurtenances within the vicinity of the project under development. Drainage Facilities D-NEW PIPE All new storm drain piping and culverts to be constructed as part of the project under development. D-EXIST PIPE All existing storm drain piping and culverts within the vicinity of the project under development. Such piping may or may not be a point of connection for new piping to be constructed. D-NEW APP All new storm drain drop inlets,junction boxes, manholes, headwalls and similar appurtenances to be constructed as part of the project under development. D-EXIST APP All existing storm drain drop inlets,junction boxes, manholes, headwalls and similar appurtenances within the vicinity of the project under development. Such appurtenances may or may not be a point of connection for new facilities to be constructed. Text The size, material, lining and coating of all new water system facilities, as well as size, material and type of all new electric system facilities including conduit, vaults, boxes, service panels and meter panels, shall be noted: i. On the plans. ii. As text, on it's corresponding CAD layer. (i.e. Pipe size and material on W- NEW_PIPE) I DPUD As-Built Policy TRUCKEE DONNER 1i1 : 12 DISCOVERY The District has compiled an extensive collection of geographic information in the Truckee, California area. This information has a high accuracy and would be extremely valuable in any discovery required by the developer before construction. In no way, however, does this information disavow the responsibilities of the developer to survey the project area, survey existing facilities the project will tap into, or have USA performed in the area. The discovery information will be placed by the district on the"EXIST" layers described in the layer conventions, if they exist in the confines of the project area. Any existing information that survey notes to be incorrect and is within the confines of the project area is to be recreated on the"NEW"corresponding layer. All layers described in the layering convention will also be supplied in a .DWG format drawing to the developer upon request. Current information that can be requested: All Electric Facility Data All Water Facility Data PUD Broadband Facility Parcel Boundaries Water Boundaries Bridges Edge of Pavement Right of Way Buildings Obstacles (Fence, Pond, etc.) Survey Control Topo with Metadata Aerial Photographs Easements As a note, it is still possible for any of this information to already exist within the project area, and for the PUD not have it, or know about it. In such cases, it is the responsibility of the developer to ensure that all existing information is properly recorded on displayed in the As-built. Discovery is to only aide the developer in collecting this information quicker and cheaper. Discovery information for Drainage and Sanitation must come from the Town and TSD respectively. Discovery information supplied by the PUD is the sole property of the PUD and must be returned with the as-built submittal. At no time may any discovery information be given to a third party. Third parties wishing to obtain discovery information may contact the GIS Coordinator at the number below. CONTACT INFORMIATION GIS COORDINATOR WATER ENGINEER ELECTRIC ENGINEER Ian Fitzgerald Neil Kaufman Joe Horvath 530-582-3952 530-582-3950 530-582-3969 1_DP4 D As-13u:lt Policy I � 12 12 WATER DEVELOPMENT AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND SIERRA JOINT COMMUNITY COLLEGE DISTRICT APN 18-660-38 & 19-300-70 Sierra Community College - Truckee Center Donner Pass Road & On-Site This agreement is entered into between the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California, hereafter referred to as"the District," and SIERRA JOINT COMMUNITY COLLEGE DISTRICT,hereafter referred to as"Developer,"with respect to the following facts: RECITALS A. Developer is the owner of that certain real property located within Nevada County, California, bearing Assessor's Parcel Numbers 18-660-38 & 19-300-70 on which Developer intends to construct"a new community college campus on the proposed site. Development will consist of parking, roads, educational classrooms, faculty and administrative offices and additional educational support spaces", hereafter referred to as the"Project." B. NIA C. Developer intends to construct a complete water distribution system for the Project for domestic _ and fire protection use, including pipes, valves, service laterals, and related equipment, in accordance with the approved plans and specifications.Such system shall hereafter be referred to as the"water distribution system." D. The water distribution system is a necessary part of the Project, and Developer has requested that the District accept the system by including it within the District's existing integrated systems. Developer has further requested that, upon completion, the District thereafter own, operate, maintain, repair, and replace the water distribution system as necessary. E. The District is willing to accept the water distribution system providing it is properly constructed in accordance with the approved plans, specifications and terms of this agreement. F. Complete plans and specifications for the construction of the water distribution system has been prepared in accordance with the District's Rules and Regulations and with the requirements and specifications as hereafter set forth.Copies of the approved plans and specifications are on file in the District's Water Department. G. Developer has selected contractors for construction of the water portion of this Project. The names of the contracting firms, contact persons, mailing addresses,telephone numbers and a schedule of construction dates have been included on data sheets entitled Contractor Firm Data Sheets, and are on file in the District's Water Department. H. The following items are on file in the District office and incorporated herein by reference: 1 accident and $1,000,000 for the death of or injury to more than one person in any one accident and$500,000 for property damage in any one accident.Such policy shall be written in favor of Developer or its general contractor and subcontractors and also in favor of the District, its officers, agents and employees and shall be maintained in full force and effect until the water distribution system is unconditionally accepted by the District.Such insurance policy shall state by its terms or by an endorsement that it shall not be canceled without thirty (30) days prior written notice to the District. 6. Indemnification. Each party shall indemnify, defend and save harmless the other party, its officers,agents and employees,and each of them,of and from any and all claims,demands, causes of action,damages,costs,expenses, losses,or liabilities,in law or in equity,of every kind and nature whatsoever, for, but not limited to, injury to or death of any person, and damages to or destruction of property, arising out of or in any manner directly or indirectly connected with the work to be performed under this Agreement,that is caused by or arising out of its (i.e.—the indemnifying party's) negligence or gross misconduct. 7. Improvements by and Responsibilities of Developer. Developer shall perform and be responsible for all labor and material expenses involved in performing the water distribution system improvements described in the attachment entitled Improvements by and Responsibilities of Developer. 8. Improvements by and Responsibilities of District.The District shall perform water distribution system improvements at Developer's expense as described in the attachment entitled Improvements by and Responsibilities of District.The construction costs deposited with the District shall be applied to the actual construction costs unless otherwise indicated. If the actual construction costs exceed such deposit, Developer shall pay such excess within thirty (30) days of receipt of the District's invoice. 9. Construction Inspection.The District shall inspect the construction from time to time,in order to determine that the water distribution system is installed in accordance with the approved improvement plans, construction specifications and the terms of this agreement. a. The District shall notify the Developer and/or the Developer's representatives in writing as to any deviation from the approved improvement plans, construction specifications and the terms of this agreement.The Developer and/or the Developer's representatives shall correct such deviation or failure as soon as is reasonably practicable. 10. Timely Construction Required. Construction of the water distribution system shall be completed, as defined herein,within twenty four(24) months from the date of execution of this agreement. In the event Developer fails to complete the water distribution system within that time,the District may in its discretion(1)increase any and all fees and costs to equal the District's current charges,(2)require Developer's plans and specifications to be updated and redrawn to comply with the District's current standards,and(3)terminate this Agreement and recover from Developer the full cost of all expenses and charges incurred by the District, including but not limited to material, labor, backfill, paving and outside services. 11. Developer's Warranty. Developer warrants and guarantees that all labor and materials supplied by Developer are of a good and workmanlike quality,free of any defects of any type whatsoever for a period of one(1)year after unconditional acceptance by the District.Within the period of this warranty, Developer shall repair or replace, at Developer's expense, any defective material or workmanship.The District shall notify Developer of any malfunction or nonconformity promptly upon discovery. Within fifteen (15) business days after receiving 3 2) Unconditional Acceptance of the project is issued by the District in accordance with the requirements given in Article 18. Until either of these conditions is met, water for domestic and fire protection will not be provided. 14. Entire Proiect "FINAL WALK THROUGH INSPECTION" Developer acknowledges that a "FINAL WALK THROUGH INSPECTION"of all water system improvements (all phases)is required. Developer is responsible to repair, replace and or correct improvements, identified during this inspection,that have been previously subject to District inspection for the purpose of issuance of "CONDITIONAL ACCEPTANCE". Upon completion of the "FINAL WALK THROUGH INSPECTION" and completion of any required punch list items, the developer will satisfy all other requirements and conditions of the development agree nt. Developers Initial: Date: Z" o 15. No Early Use of Protect. Developer shall not request or obtain a temporary occupancy permit,final inspection approval, nor shall Developer use,or permit anyone else to use,any portion of the water distribution system on the Project, until the District has granted conditional acceptance in writing. Developers Initial: Date: Z-�7 16. Completion of the Systems. Construction shall be deemed complete when the DiSa'n'cdt determines that the water distribution system has been entirely finished, properly teste qualifies for"Unconditional Acceptance". 2 Developers Initial: Date: G 17. Conditional Acceptance. Conditional acceptance of the water system may be issued in writing by the District under the following circumstances: 1) The Developer submits a written request for "Conditional Acceptance" of the water system. 2) The written request will be submitted on the District's approved form. 3) The written request will include an 8.5"x 11"map which clearly shows the extent of the water system addressed in the written request. 4) The written request will specifically identify all residential/non-residential units, lots, parcels, buildings and other potential water connections that are within the limits of the water system. 5) The Developer submits an"interim activation deposit"for all residential/non-residential units, lots, parcels, buildings and other potential water connections that are within the 5 g. Developer shall provide the District with a statement of the"as-built"dollar value of the installed water distribution system with documentation to substantiate the stated value. h. Developer shall pay any outstanding costs and fees. 19. Responsibilities After Unconditional Acceptance. Prior to unconditional acceptance of the water distribution system by the District, Developer shall be responsible for all maintenance and repair of the water distribution system. Upon unconditional acceptance of the water distribution system by the District,the District shall thereafter own, operate,maintain, repair and replace the water distribution system, unless such repairs or replacements are covered by Developer's warranty.Thereafter,the District shall use its best efforts to provide adequate water service to the Project upon request and payment of all appropriate fees and charges, in accordance with California law and District Rules and Regulations. 20. Notices. Notices or requests from either party to the other shall be in writing and delivered or mailed, postage prepaid, to the following addresses: SIERRA JOINT COMMUNITY COLLEGE DISTRICT Rob Koster 11839 Donner Pass Road Truckee, CA 96161 TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee, California 96160 21. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of all parties; however, Developer shall not assign any of its rights, duties or obligations under this Agreement without the prior written consent of the District. 22. District Powers. Nothing contained herein shall be deemed to limit, restrict, or modify any right,duty,or obligation given,granted,or imposed upon the District by the laws of the State of California now in effect, or hereafter adopted, nor to limit or restrict the power or authority of the District. The District may enact rules, regulations, resolutions, or ordinances, including,without limitation,creation of service zones and rate differentials applicable within the Project area that may not be applicable elsewhere, at its discretion. 23. Severability. In the event that any part or provision of this Agreement is found to be illegal or unconstitutional by a court of competent jurisdiction, such findings shall not affect the remaining parts, portions, or provisions of this Agreement. 24. 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. 25. 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 7 Estimated Costs WO#- 05-744191 Sierra College Donner Pass Road &On-Site The Estimated Costs are as follows: Administrative and design $ 1,000.00 Engineering & modeling $ 6,715.00 Construction and inspection $56,946.00 Project documentation deposit $70,000.00 Total Estimated Costs $134,661.00 The Fees as follows: Facilities Fee (4"turbo meter) $83,950.00 Connection Fee (4"turbo meter) $ 3,500.00 (estimate) Total Fees $ 87,450.00 Total Estimated Costs & Fees $ 222,111.00 Less Deposit Paid in Advance ($ 1,000.00) BALANCE DUE $ 221.111.00 Facilities and Connection Fees are due and payable at the time service is requested and building permits are applied for. 9 Improvements by and Responsibilities of District 1. Operate water system as required including customer notification (outages), system shut-down and system flushing. 2. Attend pre-construction meeting (Planner& Inspector). 3. Inspect installation and construction of Project. 4. Perform 12" tap on contractor installed sleeve and valve (Donner Pass Road). 5. Observe pressure/leakage test. 6. Take bacteriological samples. 7. Test locator wire installation. 8. Review, approve and inspect installation of all required back flow equipment. 9. Attend final walk thru inspection and prepare punch list if necessary. 12 DEVELOPER RESPONSIBILITIES The details of the District's As-Built Drawing policy are outlined below. The policy makes numerous references to a party designated as the"Developer." The term "Developer" is intended to refer to the project developer or property owner who is responsible for the construction of the project and the required water and/or electric system improvements. The Developer may utilize other parties or designated agents such as contractors, architects, surveyors or engineers to perform the duties and responsibilities outlined in this Policy. However, the failure of a third party to comply with this policy and its obligations shall not relieve the Developer of his responsibilities and shall not imply or impose any obligations upon the District. PROJECT DOCUMENTATION CEPOSIT At the time that the Developer signs the Development Agreement, the District shall impose a Project Documentation Deposit equal to 5 percent of the construction cost of water and/or electric facilities to serve the project. The minimum deposit shall be$1000. This deposit shall be held by the District and refunded to the Developer upon successful completion of the As- Built Drawings as outlined below. The Developer shall not be due any interest on monies held by the District. AS-BUILT DRAWING PROCEDURES During the construction of the project, the Developer shall be responsible for maintaining a set of As-Built Drawings. The basis of the As-Built Drawings shall be the Construction Drawings as reviewed and approved by the District. 1. The Developer shall maintain one set of As-Built Drawings at the Project Site. On these, all project conditions, locations, configurations, and any other changes or deviations that may vary from the information represented on the original Construction Drawings shall be noted; including buried or concealed construction and utility features that are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Construction Drawings. Drawings shall also note the location of any other buried infrastructure such as landscape irrigation, onsite drainage, lighting, hydronic heating, etc., as well as any surface building obstacles such as ponds, fences, walls, rocks, etc. As-Built drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the facilities as actually constructed. CrfflIJ ) AS-Built Policy DO NER AS-BUILT DRAWING FORMAT The Developer shall submit one hard copy of the As-Built Drawings. The Developer shall also submit electronic files containing the information depicted on the As-Built Drawings. Electronic files shall conform to the following requirements: A. File format shall be in one of the following formats: i. AutoCAD Release 14-2000 compatible(.DWG, .DXF) ii. ESRI compatible(Shape, Coverage, 8.x Personal Geo-database) B. Files shall be submitted on portable media such as 3.5-inch floppy diskette, ZIP disk or CD-ROM. The media containing the files shall become the property of the District, and will not be returned to the Developer. Files may be compressed in a format that is compatible with the WinZip decompression software. C. The Developer shall submit all files used to produce the As-Built Drawings. Drawing files may utilize external references to reduce file size. However, all such reference files shall be included in the submittal and must conform to District layering standards. D. Drawing layer structure shall be as given in the Layering Convention Section. The Developer may use any combination of other layer names as desired for other elements depicted in the drawings. However, the relevant infrastructure system facilities shall appear on the designated layers. If certain facilities indicated by a given layer are not included as part of the project, the corresponding drawing layers may be purged from the drawing file. Paper submittals shall conform to the following requirements: A. Drawings shall be 24"x 36"or 22"x 34" and shall be printed on bond paper B. All plan sheets shall be to scale and the scale shall be clearly noted on the drawings. C. All plan sheets shall have an arrow indicating the direction north. D. In cases where plan and profile sheets cannot completely depict the facilities as constructed, the Developer shall utilize details, sections, elevations or other similar drawings to illustrate the facilities as constructed. Such drawings shall be to scale and the scale shall be clearly noted on the drawings. I I�PL.11D N -Built Policv .. 4 1 R-EXISTING OBSTACLE All existing surface obstacles including fence, walls, rockery, ponds, guardrails, etc. that may hamper construction, within the vicinity of the project under development. Each should be labeled with text describing what they are. R-NEW OBSTACLES All new surface obstacles including fence, walls, rockery, ponds, guardrails, etc. that may hamper construction,within the vicinity of the project under development. Each should be labeled with text describing what they are. Any existing features from discovery that are a) within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. R-EXIST TRAFFIC All existing traffic signals, signal poles, control boxes, sensor loops and similar traffic control devices within the vicinity of the project under development. Existing Traffic information will not be available in the PUD discovery. R-NEW TRAFFIC All new traffic signals, signal poles, control boxes, sensor loops and similar traffic control devices to be constructed as part of the project under development. R-EXIST LIGHTING All existing street lighting, light poles, circuits (both underground and overhead), control boxes and similar lighting devices within the vicinity of the project under development. R-NEW LIGHTING All new street lighting, light poles, circuits(both underground and overhead), control boxes and similar lighting to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. R-EXIST TOPO All existing topographic information including contours, and spot heights that are within the vicinity of the project under development. R-NEW TOPO All new topographic information including contours, and spot heights that are within the vicinity of the project under development. Under Town specifications, new topographic information should always be surveyed for the area within the vicinity of the project under development. R-EXIST CONTROL All existing survey control that are used in the survey of the project under development. R-NEW CONTROL All new control points created in the development of the project. TDR D As-wilt Policy 6 ;? Water Facilities W-NEW PIPE All new main line water piping to be constructed as part of the project under development. Main line piping is all piping to be dedicated to the District and maintained by the District upon successful completion of testing &acceptance of the facilities by the District. Lateral Pipes will be put on a different layer. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST PIPE All existing water piping within the vicinity of the project under development. Such piping may or may not be a point of connection for new piping to be constructed. W-NEW LATERAL All new water laterals, service and fire hydrant, to be constructed as part of the project under development. For the purposes of As-Built Drawings only, the lateral is considered all piping from the main line pipe through the meter box to the point of termination. The depiction of laterals may be stopped where they enter a structure. Any existing features from discovery that are a)within confines of the project, and are b)incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST LATERAL All existing water laterals, service and fire hydrant, within the vicinity of the project under development. W-NEW BOX All new water meter boxes to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST BOX All existing water meter boxes within the vicinity of the project under development. W-NEW FH All new fire hydrants to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST FH All existing fire hydrants within the vicinity of the project under development. fF)Pi_'D A,-B At Policy 'IITRUCKEE DONNER � }' S-NEW MH All new sewer manholes to be constructed as part of the project under development. Other new appurtenances such as tees and wyes shall also be depicted on this layer. S-EXIST MH All existing sewer manholes and appurtenances within the vicinity of the project under development. Drainage Facilities D-NEW PIPE All new storm drain piping and culverts to be constructed as part of the project under development. D-EXIST PIPE All existing storm drain piping and culverts within the vicinity of the project under development. Such piping may or may not be a point of connection for new piping to be constructed. D-NEW APP All new storm drain drop inlets,junction boxes, manholes, headwalls and similar appurtenances to be constructed as part of the project under development. D-EXIST APP All existing storm drain drop inlets,junction boxes, manholes, headwalls and similar appurtenances within the vicinity of the project under development. Such appurtenances may or may not be a point of connection for new facilities to be constructed. Text The size, material, lining and coating of all new water system facilities, as well as size, material and type of all new electric system facilities including conduit, vaults, boxes, service panels and meter panels, shall be noted: i. On the plans. ii. As text, on it's corresponding CAD layer. (i.e. Pipe size and material on W- NEW_PIPE) TDP D As-Built Policy Mr .. 10 ` 12 DISCOVERY The District has compiled an extensive collection of geographic information in the Truckee, California area. This information has a high accuracy and would be extremely valuable in any discovery required by the developer before construction. In no way, however, does this information disavow the responsibilities of the developer to survey the project area, survey existing facilities the project will tap into, or have USA performed in the area. The discovery information will be placed by the district on the"EXIST"layers described in the layer conventions, if they exist in the confines of the project area. Any existing information that survey notes to be incorrect and is within the confines of the project area is to be recreated on the"NEW"corresponding layer. All layers described in the layering convention will also be supplied in a .DWG format drawing to the developer upon request. Current information that can be requested: All Electric Facility Data All Water Facility Data PUD Broadband Facility Parcel Boundaries Water Boundaries Bridges Edge of Pavement Right of Way Buildings Obstacles (Fence, Pond, etc.) Survey Control Topo with Metadata Aerial Photographs Easements As a note, it is still possible for any of this information to already exist within the project area, and for the PUD not have it, or know about it. In such cases, it is the responsibility of the developer to ensure that all existing information is properly recorded on displayed in the As-built. Discovery is to only aide the developer in collecting this information quicker and cheaper. Discovery information for Drainage and Sanitation must come from the Town and TSD respectively. Discovery information supplied by the PUD is the sole property of the PUD and must be returned with the as-built submittal. At no time may any discovery information be given to a third party. Third parties wishing to obtain discovery information may contact the GIS Coordinator at the number below. CONTACT INFORMATION GIS COORDINATOR WATER ENGINEER ELECTRIC ENGINEER Ian Fitzgerald Neil Kaufman Joe Horvath 530-582-3952 530-582-3950 530-582-3969 WATER DEVELOPMENT AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND THE VILLAGE AT GRAY'S CROSSING L.P. APN 19-410-33 The Village at Gray's Crossing This agreement is entered into between the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a local public agency of the State of California, hereafter referred to as "the District," and THE VILLAGE AT GRAYS CROSSING L.P., hereafter referred to as "Developer,"with respect to the following facts: RECITALS A. Developer is the owner of that certain real property located within Nevada County, California, bearing Assessor's Parcel Number 19-410-33 on which Developer intends to construct"A main road infrastructure for the proposed project to support development of various building uses upon subsequent phases", hereafter referred to as the"Project." B. N/A C. Developer intends to construct a complete water distribution system for the Project for domestic and fire protection use, including pipes, valves, service laterals, and related equipment, in accordance with the approved plans and specifications.Such system shall hereafter be referred to as the "water distribution system." D. The water distribution system is a necessary part of the Project, and Developer has requested that the District accept the system by including it within the District's existing integrated systems. Developer has further requested that, upon completion, the District thereafter own, operate, maintain, repair, and replace the water distribution system as necessary. E. The District is willing to accept the water distribution system providing it is properly constructed in accordance with the approved plans, specifications and terms of this agreement. F. Complete plans and specifications for the construction of the water distribution system has been prepared in accordance with the District's Rules and Regulations and with the requirements and specifications as hereafter set forth. Copies of the approved plans and specifications are on file in the District's Water Department. G. Developer has selected contractors for construction of the water portion of this Project. The names of the contracting firms, contact persons, mailing addresses, telephone numbers and a schedule of construction dates have been included on data sheets entitled Contractor Firm Data Sheets, and are on file in the District's Water Department. H. The following items are on file in the District office and incorporated herein by reference: • Development agreement application 1 6. Indemnification by Developer. Developer shall indemnify, defend and save harmless the District, its officers,agents and employees,and each of them,of and from any and all claims, demands, causes of action, damages, costs, expenses, losses, or liabilities, in law or in equity, of every kind and nature whatsoever, for, but not limited to, injury to or death of Developer, any subcontractor of Developer, or any officers, agents or employees of the District, of Developer, or of any subcontractor, or any other person, and damages to or destruction of property of the District or any other person, arising out of or in any manner directly or indirectly connected with the work to be performed under this Agreement,however caused, regardless of any negligence of the District or its officers,agents or employees,be it active or passive, except the sole negligence or willful misconduct of the District. 7. Improvements by and Responsibilities of Developer. Developer shall perform and be responsible for all labor and material expenses involved in performing the water distribution system improvements described in the attachment entitled Improvements by and Responsibilities of Developer. 8. Improvements by and Responsibilities of District.The District shall perform water distribution system improvements at Developer's expense as described in the attachment entitled Improvements by and Responsibilities of District. The construction costs deposited with the District shall be applied to the actual construction costs unless otherwise indicated. If the actual construction costs exceed such deposit, Developer shall pay such excess within thirty (30)days of receipt of the District's invoice. 9. Construction Inspection.The District shall inspect the construction from time to time,in order to determine that the water distribution system is installed in accordance with the approved improvement plans, construction specifications and the terms of this agreement. a. The District shall notify the Developer and/or the Developer's representatives in writing as to any deviation from the approved improvement plans, construction specifications and the terms of this agreement.The Developer and/or the Developer's representatives shall correct such deviation or failure as soon as is reasonably practicable. 10. Timely Construction Required. Construction of the water distribution system shall be completed, as defined herein, within twelve (12) months from the date of execution of this agreement. In the event Developer fails to complete the water distribution system within that time, the District may in its discretion (1) increase any and all fees and costs to equal the District's current charges, (2)require Developer's plans and specifications to be updated and redrawn to comply with the District's current standards,and(3)terminate this Agreement and recover from Developer the full cost of all expenses and charges incurred by the District, including but not limited to material, labor, backfrll, paving and outside services. 11. Developer's Warranty. Developer warrants and guarantees that all labor and materials supplied by Developer are of a good and workmanlike quality,free of any defects of any type whatsoever for a period of one(1)year after unconditional acceptance by the District.Within the period of this warranty, Developer shall repair or replace, at Developer's expense, any defective material or workmanship. The District shall notify Developer of any malfunction or nonconformity promptly upon discovery. Within fifteen (15) business days after receiving notice from the District, Developer shall commence to repair or replace the defective part and will expeditiously pursue such work to completion. Emergency repairs will be coordinated by District and charged to the Developer. 3 14. Entire Project "FINAL WALK THROUGH INSPECTION" Developer acknowledges that a "FINAL WALK THROUGH INSPECTION"of all water system improvements (all phases)is required. Developer is responsible to repair, replace and or correct improvements, identified during this inspection,that have been previously subject to District inspection for the purpose of issuance of "CONDITIONAL ACCEPTANCE". Upon completion of the "FINAL WALK THROUGH INSPECTION"and completion of any required punch list items,the developerwill satisfy all other requirements and conditions of the development agreement. Developers Initial: 9 -"*,-' Date: "I L,1o? 15. No Early Use of Project. Developer shall not request or obtain a temporary occupancy permit,final inspection approval, nor shall Developer use, or permit anyone else to use, any portion of the water distribution system on the Project, until the District has granted conditional acceptance in writing. Developers Initial: Date: 7 16. Completion of the Systems. Construction shall be deemed complete when the District determines that the water distribution system has been entirely finished, properlytested,and qualifies for"Unconditional Acceptance". Developers Initial: (2 w Date: -2 L 401 17. Conditional Acceptance. Conditional acceptance of the water system may be issued in writing by the District under the following circumstances: 1) The Developer submits a written request for "Conditional Acceptance" of the water system. 2) The written request will be submitted on the District's approved form. 3) The written request will include an 8.5"x 11"map which clearly shows the extent of the water system addressed in the written request. 4) The written request will specifically identify all residential/non-residential units, lots, parcels, buildings and other potential water connections that are within the limits of the water system. 5) The Developer submits an"interim activation deposit"for all residential/non-residential units, lots, parcels, buildings and other potential water connections that are within the limits of the water system in the amount equal to 5% of the project cost or phase cost. 6) The method of calculating these deposits and the amounts required are on file at the District offices. 5 19. Responsibilities After Unconditional Acceptance. Prior to unconditional acceptance of the water distribution system by the District, Developer shall be responsible for all maintenance and repair of the water distribution system. Upon unconditional acceptance of the water distribution system by the District,the District shall thereafter own, operate, maintain, repair and replace the water distribution system, unless such repairs or replacements are covered by Developer's warranty.Thereafter,the District shall use its best efforts to provide adequate water service to the Project upon request and payment of all appropriate fees and charges,in accordance with California law and District Rules and Regulations. 20. Notices. Notices or requests from either party to the other shall be in writing and delivered or mailed, postage prepaid, to the following addresses: EAST WEST PARTNERS, Inc. Richard Wagner, Construction Manager P.O. Box 2537 Truckee, CA 96160 TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee, California 96160 21. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of all parties; however, Developer shall not assign any of its rights, duties or obligations under this Agreement without the prior written consent of the District. 22. District Powers. Nothing contained herein shall be deemed to limit, restrict, or modify any right, duty, or obligation given, granted, or imposed upon the District by the laws of the State of California now in effect, or hereafter adopted, nor to limit or restrict the power or authority of the District. The District may enact rules,regulations,resolutions,or ordinances,including, without limitation,creation of service zones and rate differentials applicable within the Project area that may not be applicable elsewhere, at its discretion. 23. Severability. In the event that any part or provision of this Agreement is found to be illegal or unconstitutional by a court of competent jurisdiction, such findings shall not affect the remaining parts, portions, or provisions of this Agreement. 24. 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 attomeys'fees and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. 25. 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. 7 Estimated Costs WO#- 06-744215 Grays Crossing Village The Estimated Costs are as follows: Administrative and design $ 1,000.00 Engineering & modeling $ 0.00 Construction and inspection $ 6,867.00 Project documentation deposit $23,909.00 Total Estimated Costs $31,776.00 The Fees as follows: Total Fees $ 0.00 Total Estimated Costs & Fees $31,776.00 Less Deposit Paid in Advance ($ 1,000.00) BALANCE DUE $ 30,776,00 Facilities and Connection Fees are due and payable at the time service is requested and building permits are applied for. 9 Improvements by and Responsibilities of District 1. Operate water system as required including customer notification (outages), system shut-down and system flushing. 2. Attend pre-construction meeting (Planner& Inspector). 3. Inspect installation and construction of Project. 4. Observe pressure/leakage test. 5. Take bacteriological samples. 6. Test locator wire installation. 7. Review, approve and inspect installation of all required back flow equipment. 8. Attend final walk thru inspection and prepare punch list if necessary. 11 DEVELOPER RESPONSIBILITIES The details of the District's As-Built Drawing policy are outlined below. The policy makes numerous references to a party designated as the"Developer." The term "Developer" is intended to refer to the project developer or property owner who is responsible for the construction of the project and the required water and/or electric system improvements. The Developer may utilize other parties or designated agents such as contractors, architects, surveyors or engineers to perform the duties and responsibilities outlined in this Policy. However, the failure of a third party to comply with this policy and its obligations shall not relieve the Developer of his responsibilities and shall not imply or impose any obligations upon the District. PROJECT DOCUMENTATION DEPOSIT At the time that the Developer signs the Development Agreement, the District shall impose a Project Documentation Deposit equal to 5 percent of the construction cost of water and/or electric facilities to serve the project. The minimum deposit shall be$1000. This deposit shall be held by the District and refunded to the Developer upon successful completion of the As- Built Drawings as outlined below. The Developer shall not be due any interest on monies held by the District. AS-BUILT DRAWING PROCEDURES During the construction of the project, the Developer shall be responsible for maintaining a set of As-Built Drawings. The basis of the As-Built Drawings shall be the Construction Drawings as reviewed and approved by the District. 1. The Developer shall maintain one set of As-Built Drawings at the Project Site. On these, all project conditions, locations, configurations, and any other changes or deviations that may vary from the information represented on the original Construction Drawings shall be noted; including buried or concealed construction and utility features that are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Construction Drawings. Drawings shall also note the location of any other buried infrastructure such as landscape irrigation, onsite drainage, lighting, hydronic heating, etc., as well as any surface building obstacles such as ponds,fences, walls, rocks, etc. As-Built drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the facilities as actually constructed. I-l)P€_D Ns-Built Policy .• . ` 12 AS-BUILF DRAV ING FORMAT The Developer shall submit one hard copy of the As-Built Drawings. The Developer shall also submit electronic files containing the information depicted on the As-Built Drawings. Electronic files shall conform to the following requirements: A. File format shall be in one of the following formats: i. AutoCAD Release 14-2000 compatible(.DWG, .DXF) ii. ESRI compatible(Shape, Coverage, 8.x Personal Geo-database) B. Files shall be submitted on portable media such as 3.5-inch floppy diskette, ZIP disk or CD-ROM. The media containing the files shall become the property of the District, and will not be returned to the Developer. Files may be compressed in a format that is compatible with the WinZip decompression software. C. The Developer shall submit all files used to produce the As-Built Drawings. Drawing files may utilize external references to reduce file size. However, all such reference files shall be included in the submittal and must conform to District layering standards. D. Drawing layer structure shall be as given in the Layering Convention Section. The Developer may use any combination of other layer names as desired for other elements depicted in the drawings. However, the relevant infrastructure system facilities shall appear on the designated layers. If certain facilities indicated by a given layer are not included as part of the project, the corresponding drawing layers may be purged from the drawing file. Paper submittals shall conform to the following requirements: A. Drawings shall be 24"x 36" or 22"x 34"and shall be printed on bond paper B. All plan sheets shall be to scale and the scale shall be clearly noted on the drawings. C. All plan sheets shall have an arrow indicating the direction north. D. In cases where plan and profile sheets cannot completely depict the facilities as constructed, the Developer shall utilize details, sections, elevations or other similar drawings to illustrate the facilities as constructed. Such drawings shall be to scale and the scale shall be clearly noted on the drawings. I011) As-f3ualt i'<3licvTRUCKEE DONNERt �? R-EXISTING OBSTACLE All existing surface obstacles including fence, walls, rockery, ponds, guardrails, etc. that may hamper construction, within the vicinity of the project under development. Each should be labeled with text describing what they are. R-NEW OBSTACLES All new surface obstacles including fence, walls, rockery, ponds, guardrails, etc.that may hamper construction, within the vicinity of the project under development. Each should be labeled with text describing what they are. Any existing features from discovery that are a) within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. R-EXIST TRAFFIC All existing traffic signals, signal poles, control boxes, sensor loops and similar traffic control devices within the vicinity of the project under development. Existing Traffic information will not be available in the PUD discovery. R-NEW TRAFFIC All new traffic signals, signal poles, control boxes, sensor loops and similar traffic control devices to be constructed as part of the project under development. R-EXIST LIGHTING All existing street lighting, light poles, circuits(both underground and overhead), control boxes and similar lighting devices within the vicinity of the project under development. R-NEW LIGHTING All new street lighting, light poles, circuits(both underground and overhead), control boxes and similar lighting to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. R-EXIST TOPO All existing topographic information including contours, and spot heights that are within the vicinity of the project under development. R-NEW TOPO All new topographic information including contours, and spot heights that are within the vicinity of the project under development. Under Town specifications, new topographic information should always be surveyed for the area within the vicinity of the project under development. R-EXIST CONTROL All existing survey control that are used in the survey of the project under development. R-NEW CONTROL All new control points created in the development of the project. I DPt D As-Built Policy rs� h i? Water Facilities W-NEW PIPE All new main line water piping to be constructed as part of the project under development. Main line piping is all piping to be dedicated to the District and maintained by the District upon successful completion of testing &acceptance of the facilities by the District. Lateral Pipes will be put on a different layer. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST PIPE All existing water piping within the vicinity of the project under development. Such piping may or may not be a point of connection for new piping to be constructed. W-NEW LATERAL All new water laterals, service and fire hydrant, to be constructed as part of the project under development. For the purposes of As-Built Drawings only, the lateral is considered all piping from the main line pipe through the meter box to the point of termination. The depiction of laterals may be stopped where they enter a structure. Any existing features from discovery that are a)within confines of the project, and are b)incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST LATERAL All existing water laterals, service and fire hydrant, within the vicinity of the project under development. W-NEW BOX All new water meter boxes to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST BOX All existing water meter boxes within the vicinity of the project under development. W-NEW FH All new fire hydrants to be constructed as part of the project under development. Any existing features from discovery that are a)within confines of the project, and are b) incorrect based on new survey information will be recreated as a new feature on the"new" layer. W-EXIST FH All existing fire hydrants within the vicinity of the project under development. I DPI D As-Built Policy � � S-NEW MH All new sewer manholes to be constructed as part of the project under development. Other new appurtenances such as tees and wyes shall also be depicted on this layer. S-EXIST MH All existing sewer manholes and appurtenances within the vicinity of the project under development. Drainage Facilities D-NEW PIPE All new storm drain piping and culverts to be constructed as part of the project under development. D-EXIST PIPE All existing storm drain piping and culverts within the vicinity of the project under development. Such piping may or may not be a point of connection for new piping to be constructed. D-NEW APP All new storm drain drop inlets,junction boxes, manholes, headwalls and similar appurtenances to be constructed as part of the project under development. D-EXIST APP All existing storm drain drop inlets,junction boxes, manholes, headwalls and similar appurtenances within the vicinity of the project under development. Such appurtenances may or may not be a point of connection for new facilities to be constructed. Text The size, material, lining and coating of all new water system facilities, as well as size, material and type of all new electric system facilities including conduit, vaults, boxes, service panels and meter panels, shall be noted: i. On the plans. ii. As text, on it's corresponding CAD layer. (i.e. Pipe size and material on W- NEW_PIPE) t 'MPUD As-Built Palk v .. ' DISCOVERY The District has compiled an extensive collection of geographic information in the Truckee, California area. This information has a high accuracy and would be extremely valuable in any discovery required by the developer before construction. In no way, however, does this information disavow the responsibilities of the developer to survey the project area, survey existing facilities the project will tap into, or have USA performed in the area. The discovery information will be placed by the district on the"EXIST" layers described in the layer conventions, if they exist in the confines of the project area. Any existing information that survey notes to be incorrect and is within the confines of the project area is to be recreated on the"NEW" corresponding layer. All layers described in the layering convention will also be supplied in a .DWG format drawing to the developer upon request. Current information that can be requested: All Electric Facility Data All Water Facility Data PUD Broadband Facility Parcel Boundaries Water Boundaries Bridges Edge of Pavement Right of Way Buildings Obstacles (Fence, Pond, etc.) Survey Control Topo with Metadata Aerial Photographs Easements As a note, it is still possible for any of this information to already exist within the project area, and for the PUD not have it, or know about it. In such cases, it is the responsibility of the developer to ensure that all existing information is properly recorded on displayed in the As-built. Discovery is to only aide the developer in collecting this information quicker and cheaper. Discovery information for Drainage and Sanitation must come from the Town and TSD respectively. Discovery information supplied by the PUD is the sole property of the PUD and must be returned with the as-built submittal. At no time may any discovery information be given to a third party. Third parties wishing to obtain discovery information may contact the GIS Coordinator at the number below. CONTACT INFORMATION GIS COORDINATOR WATER ENGINEER ELECTRIC ENGINEER Ian Fitzgerald Neil Kaufman Joe Horvath 530-582-3952 530-582-3950 530-582-3969 MPUD A -Bi ilt PP, :icy .. 12