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HomeMy WebLinkAbout8 Attachment 1 church street extension - development agreement, with exhibits Attachment 1 AGREEMENT THIS AGREEMENT (the "Agreement") is entered into as of August 31, 2021 by and between Truckee Donner Public Utility District, a public agency ("TDPUD"), and the Town of Truckee, a municipal corporation of the State of California (the "Town"). TDPUD and the Town may be referred to herein singly as "party" or collectively as the "parties". Section 1: Recitals A. The Town and TDPUD desire to enter into this Agreement in order to set forth the terms and conditions of each party's financial obligations regarding the Town's Church Street Extension/Trout Creek Restoration, Reaches 4 and 5 Project ("Project"). B. TDPUD owns the existing overhead electrical facilities, all of which are located in the Town's Glenshire Drive right-of-way. C. Approximately 1,010 feet of overhead electric facilities are in conflict with the Project. D. TDPUD wishes to share the cost to underground the electrical facilities with the Town, rather than paying to relocate the overhead electric facilities so they are no longer in conflict with the Project. E. The Project will replace approximately 1,010 feet of overhead electric facilities that are in conflict with the Project with underground facilities along Glenshire Drive spanning the width of the proposed new roundabout intersection with Church Street and Glenshire Drive, as generally depicted in Exhibit A attached hereto and incorporated herein by reference. F. This Agreement does not include any electrical services. The Town shall be responsible for all costs associated with any electrical services associated with this Project, such as services for street or traffic lights. These fees include, but are not limited to, facilities fees, meter fees, as well as the installation of primary cables, secondary cables, transformers, meters, service pedestals, and/or electrical boxes associated with the services. G. The Town anticipates the Project will start in 2021 and finish in 2022, subject to certain contingencies set forth below. Section 2: Agreement For good and valuable consideration, the receipt and adequacy of which is acknowledged, the parties agree as follows: A. The Town shall pay its contractor to construct the electric civil infrastructure necessary to replace approximately 1,010 feet of overhead facilities with underground facilities. The electric civil infrastructure will consist of new underground conduits, electrical vaults and/or junction boxes, and all trenching work, including excavation and backfill, per TDPUD standard specifications and according to plans approved by TDPUD. 100962030.DOCX 4}I Attachment 1 B. On the terms set forth herein, TDPUD shall install new electric lines and facilities utilizing the underground infrastructure installed by the Town in the Project area and then remove its existing overhead lines and facilities, subject to and in accordance with its joint pole agreement, and shall not require the Town to execute a "development agreement" or similar agreement for such relocation. TDPUD shall not impose any charge, assessment, fee, or tax upon the Town in connection with the Project. C. TDPUD shall, at no additional cost to the Town beyond the consideration set forth herein, provide electric-specific utility appurtenances and installation of relocated overhead lines and facilities including: labor, wires, transformers, switches, connectors, and all other necessary materials and labor required for the construction of underground lines. D. The Town and TDPUD will complete timely reviews of Project plans and all Project submittals. E. TDPUD will provide all necessary inspections related to the electrical system for the Project at the expense of TDPUD. Issues related TDPUD inspections will be communicated directly with Town staff, not directly to the contractor hired by the Town to undertake the Project. F. TDPUD will coordinate any changes to the design plans during undergrounding construction through Town staff and not directly with the contractor hired by the Town to undertake the Project. G. The Town has retained Eastern Sierra Engineering ("ESE") for the design of the Project, permitting assistance, and production of the Plans, Specifications, and Engineering (construction package). ESE will incorporate notes, TDPUD standard details and references to TDPUD standard specifications in the construction package for bidding and permitting purposes. The Town has provided the proposed design of the underground electrical facilities to TDPUD. TDPUD will review the construction package and provide comments or written approval to the Town prior to the Town going out to bid on the Project. H. The Town will obtain or cause to be obtained all governmental or other permits required for the Project. I. The Town agrees to solicit bids for construction of the Project, in compliance with all applicable competitive bidding laws, including requiring bidders to have the licenses necessary to complete the Project, and shall require the payment of prevailing wages for work performed on the Project. The Town retains the right to reject all bids. J. TDPUD shall participate in timely review, response to Requests for Information (RFI), meetings, inspections, change order authorization, and any other required Project activities related to the electric system infrastructure. The Town will execute all contract change orders, but will consult with TDPUD prior to execution of contract change orders that impact TDPUD monetarily or TDPUD's lines, facilities or conduit, including but not limited to, change orders associated with the extension of facilities. Prior to Project acceptance from the Contractor, Town will consult with TDPUD to verify that the electric facilities are acceptable to TDPUD. TDPUD shall provide a letter to the Town stating its acceptance of the electric facilities. Any dispute between the Town and TDPUD project representatives over construction activities or this Agreement shall be resolved within a 100962030.DOCX 4}2 Attachment 1 thirty (30) day period as set forth in this section, except to the extent that the Town and TDPUD mutually agree to a longer period for attempting to resolve a dispute. The dispute shall first be referred to the Town Manager, who shall meet with the TDPUD General Manager to seek a mutually acceptable resolution. If those discussions do not resolve the dispute, the Town and TDPUD may mutually agree to retain the services of a mediator to assist in resolution of the dispute. K. The contract between the Town and Contractor will include the requirements contained in the Town of Truckee Standard Construction Contract template provided in Exhibit B. Town will obtain all required insurance and documentation from the Contractor and will require that TDPUD, its directors, officers, employees and agents, be named as an additional insured and that all warranty and guarantees for the electric facilities, insurance and indemnity provisions that protect the Town shall also protect TDPUD. L. The utility pole to be relocated on the north side of Trout Creek near the balloon track, as shown in Exhibit C, shall be relocated by TDPUD at TDPUD's expense. Notwithstanding the foregoing, the Town will reimburse TDPUD for its relocation expenses to the extent the Town has excess grant funds available in its Project budget (as determined by the Town), upon submission to the Town by TDPUD of an invoice for the relocation expenses. M. Upon completion of the Project, Town/Contractor shall offer the new electric system to TDPUD and TDPUD shall accept the new electric distribution system provided it is properly constructed in accordance with the approved plans, specifications and terms of this Agreement. Thereafter, TDPUD will own, operate, maintain, repair, and replace the new electric distribution system, and continue to own, operate, maintain, repair, and replace the conduit, as part of its existing integrated electric system. Section 3: General Provisions A. Assign ment/Successors This Agreement may not be assigned without prior written approval of all parties. The terms, conditions, covenants and agreements set forth herein shall apply to the Town and TDPUD, but will not bind the heirs, administrators, assigns or successors of the parties hereto. B. Authority Each party warrants that the person executing this Agreement on behalf of the respective party is fully authorized by that party to do so. C. Notices All notices required to be given under this Agreement shall be in writing and sent by (a) first class mail, postage prepaid, in which case notice shall be deemed delivered three (3) business days after deposit in the United States Mail; (b) a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier, or(c)electronic or similar means, in which case notice shall be deemed delivered in one (1) business day after the day it was transmitted by electronic 100962030.DOCX 4}3 Attachment 1 or similar means, provided that transmission report is generated reflecting the accurate transmission of the notices. The place for delivery of all notices given under this Agreement shall be as follows: TDPUD: General Manager Truckee Donner Public Utility District 11570 Donner Pass Road Truckee, CA 96161 Town: Town Manager Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 or to such other addresses that any party may respectively designate by written notice to the others. D. Entire Agreement This Agreement and the attached Exhibits, which are herein incorporated into this Agreement by this reference, supersede all previous oral or written communication and contain the entire agreement of the parties to this Agreement and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. E. Construction The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if all parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are resolved against the drafting party shall not apply to the interpretation of this Agreement. F. Waiver Waiver of any provision or of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. G. Severability In the event any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected. H. Counterparts 100962030.DOCX 4}4 Attachment 1 This Agreement may be executed in any number of counterparts, each of which shall be original, but all of which taken together shall constitute one instrument. I. Representation This Agreement is executed voluntarily by each of the parties hereto, all of whom have been advised by independent counsel of their choice as to the content and effect of this Agreement. J. Governing Law The Agreement shall be governed by and construed according to the laws of the State of California. K. Venue Nevada County shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. L. Attorneys' Fees In the event that any arbitration, litigation or other action or proceeding of any nature between TDPUD and Town becomes necessary to enforce or interpret all or any portion of this Agreement or because of an alleged breach by either party of any of the terms hereof, it is mutually agreed that the losing or defaulting party shall pay the prevailing party's reasonable attorney's fees, costs, and expenses incurred in connection with the prosecution or defense of such action or proceeding. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. TDPUD: Truckee Donner Public Utility District, a Public Agency By: Brian C. Wright, General Manager TOWN: Town of Truckee, a Municipal Corporation of the State of California By: Jennifer Callaway, Town Manager 100962030.DOCX 4}5 Attachment 1 Exhibit A USFS - -- -- -- -- -- - - -- -- -- - - - - - - --� -- — - - -- - - - - -- - -- _ -------- ------- N ROW -- NV ENERGY UTILITY POLE#203815 --_______-�+ ~ _ a O Q OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU _ OHU OHU P __ U W HU (U (P)PAVEMENT SECTION, O1 D1 7,377 SF MATCHFLOW(E OHU ^96��G — OHu--- M (U 8p440• 0G�' FV - - - � - - - - - - - - - - - - - - - - - - Cn C4 B �f CD EP g05. _ F�s8p373 Pp 7)3 8p7 - oc \ cc FG 1 0 � o 1 m (P) EP z r N\ + + + K � N O 'Gs 00 GLENSHIRE DRIVE °s o 'GSD' 20+00 rION 'GSD 21+00BEGIN ROAr CCONSTRUr- STA"GSD" 18+99.00 o o � a + W B TDPUD #7387219 , ^..a o (E) EP o = TDPUD INT POLE UM F Fp qs9, TO REMAIN AIR o `` c REM02 D8,TO BE O p'�N x _ GUY `9kGN OHU OHU (P) E U OHU OHU OHU P _ O a OB., a OHU P d ae ~yi + �GCn ,yg - FC m m e' er a- .n O TOP F SLOPE _ 1 v� - 90•E m Frl D1 tiQ �4 x() OLE F V J � --_ `� - a #85263,TO � -- N 10 0 10 20 — TD ASSOCIAT S W O F - SCALE IN FEET W GLENSHIRE DRIVE PLAN VIEW I. = 10'-0" x 0 q STA: "GSD" 18+99 - 21+25 CONTOUR INTERVAL =1' V w o J o SCALE: 1"=10' � Q w o i O L� 5815' PVI STA "GSD": 20+15.00 5815' i oo PVI ELEV: 5803.90 W p K: 51.95 0 N n CD + LVC: 200.00 N m On O� Z ui O Obi N NN Fa 5810' o y 5810, m n Q o� c> o> /-� F �a n n- �m U aF W � S5805' m - 5805' W Z N - ------- (E) GRADE U W Z -- --- _ _ ----------------------- In 0 5800' — _——— — — _ V1 5800, U J Z_ w +' — � > Z Zw _ _ P L 5795' -_-__ -- 5795' Z F ---_ W mZ rod °w U L 1J :5 5790' 5790' S U ?� BO D JE s 5785' 5785' o.c 057235 �n n N o n ao n a rn o o 1p n Exp.12-31-21 k h V) h uI O M M N O O�O a0 Ol N m Y I� o v°Oi v°0i vepi va0i v°Oi va0i o m n va0i n n n va0i m n n �9T CIVIL w j n v°Di N N F OF CALF 3-5-2021 U 18+75 19+00 19+50 20+00 20+50 21+00 21+50 Designed: pg 0) rawn By: JEVC11/NP 0 0 1 ANV JobPN.:mved Y 014 QQ '0 Scale: AS SHOWN 1 v V ate: 3-5-2021 - FOR RE CD GLENSHIRE DRIVE PROFILE VIEW 16 v (U STA: "GSD" 18+99 - 21+25 Call '.Gill Befiore You Did DATE•. 3-y-2021 OF i SCALE: HORIZ:1"=10' VERT:1"=5' 16 83 P\2017 Projects\17.1 32 - Church Street to Glenshire\ACAD 2019\FINAL DESIGN\171,32 P&P 2 dwg 4/2/2021 9:23 AN V V V V � OUo OUo II � I O N N O N O U O N S O 51gg C I + EG:5798.0 I g FG:5799.0 c ' 0 II I I v n n I o nHo II � nHo 1 II I I 51g8 If c I I I III �9� EG.5796.6 MATCH LINE 6 FG`.579. 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L � ___—_-- C7 om --- --- ---------------- — -- W mZ U 5780' 5780' >_ a w LZZ U S u 8"SD 5775' 5775' 2�� Bo D JE S c� o.C 057235 �n Exp.12-31-21 k CIVIL Q2P 5770' 5770' P OF CA��F� 1� 3-5-2021 V 1� ^M N �u7 �tG N n N n eon n n a0 00 a0 of O+ w oo mro m ao w ao m mro m m m m U h N V]i9 h N N N y1 MYl n ooN roN mN oAo m roN mro Designed: PS MDim w 4 V' w 4 V' w IVi U'V' w 4 V• w lu'i U' u' PANS Job No:y 20141 -i Approv y: DDJ 25+50 26+00 26+50 27+00 27+50 w 10 Ev�Ew '.W:Date: ASS OWN CD CD GLENSHIRE DRIVE PROFILE VIEW t11� 21 F4R R 20 u STA: "GSD" 25+80 - 28+00 Call '.Gill Before YouD11 ppjE•. 3-y"2021 of i SCALE: HORIZ:1"=10' VERT:1"=5' 20 83 Attachment 1 ROW OHU \ Q OHU _ O OJ 0 OHU- OHO (E)36"CMP D, p) TO _ ; OT ISTURB, GRADE • CD •�C�� o •9G NOT DISTURB SD, DO_ OHU \HU- OHU _ _...._. 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W G B CONTOUR INTERVAL = 1' w A Q V .6 -- Js 9q " E A ARD A V1 V w n _ OHU Flo NOT NOT TURB (E)Cu w OHU��m ' SO I F .� OHU EXTENSION S T C28 xj V0 V1 pp TOWN R - "�R PUUD-$85102312 OHU O /z OHO � O LENS RE P VIEW _ OHi a a o jy wl O STA: "GSD" 28+00- 29+50 N / z N SCALE: 1"=10' W N U 17 L1 N N o F� w Z It N Cu 5805' W W i 5805' m m a U Win Q �y PVI STA"GSD": 28+10.00 0 o Z N n U [..I W PVI ELEV 5788.40 0 ❑ n- Q V] K: 1.40 wx a / LVC• 30.00 -rn�' 0 z r 5800' o m 5800' W ❑ a H^ (E)GRADE� IjJ Z N S V] nm o��i>n I.L r ❑ 5795' ----- 5795' rn� Z 4.29% ----_____--- W UJ W Z u Z (P) GRADE Z' ---=5— ---- M > W N 5790' 5790' Z zN in _________- - e w NZ s -----_____ ` aw U 5785' _ -- _------ 5785' D rc L - - S U O 5780' 5780' �o BJOE S c� 0.C 057235 �n Exp.12-31-21 k CIVIL �2P / 5775' 5775' P OF Cn�-�F� <1� M N N N M M V< 3-5-2021 U m of o N .i rn m Designed: PS Lni(^I N �!i(^I �!N v^i i(^I N N N 4 ^4 raven By: JH/CH/NP mved O w w w w o w " w `o" 000' r(JI ANS JobPN.: Y 014 L' ate: 3-5-2021 i O `n I Seale: AS SHOWN 27+75 2800 28+50 29+00 29+50 v�J CD GLENSHIRE DRIVE PROFILE VIEW FOR REv�E 21 Cd STA: "GSD" 28+00 - 29+50 Call '.Gill Before You a� pp,TE•. 3-"021 OF SCALE: HORIZ:1"=10' VERT:1"=5' 21 83 Attachment 1 Exhibit B CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (hereinafter "Contract") is made on the date set forth below, by and between the Town of Truckee, a municipal corporation of the State of California (hereinafter"Town") and , a (hereinafter"Contractor"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises exchanged herein and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS: 1. Contract Documents. The complete Contract consists of the following documents, to wit: Notice Inviting Bids Instructions to Bidders Bid Proposal Form Accepted Bid (Including Bid Sheet) Construction Contract Payment Bond to Accompany Contract Performance Bond to Accompany Contract Specifications and General, Supplemental and Special Conditions, (if any) Working Details and Plans All Addenda, Change Orders, and Change Order Forms Either (as appropriate to project): State of California Department of Transportation Standard Specifications (Latest Edition) or Standard Specifications for Public Works Construction (Latest Edition) Any and all obligations of the Town and the Contractor are fully set forth and described therein. All of the above documents are intended to cooperate so that any Work called for in one and not mentioned in the other or vice versa is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract are sometimes hereinafter collectively referred to as the Contract Documents. All performance, payment bonds, and insurance required shall be in the possession of Town prior to commencement of Work and shall be issued by verified California licensed or admitted insurers. 2. The Work. The Town hereby promises and agrees with the Contractor to employ, and does hereby employ said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Specifications; and the parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. The Contractor agrees to furnish all work, labor, tools, materials, transportation, equipment, services and other means of construction necessary to perform and complete in a good and workmanlike manner, those certain improvements entitled: as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by and approved by the Town, which the Plans and Specifications are entitled, Attachment 1 It is understood and agreed that the Work, labor, tools, materials, transportation, equipment, services and other means of construction shall be furnished and the Work performed and completed as required in the Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the Town, or its representatives. The Town hereby designates as its representative for the purpose of this Contract the following named person: It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the Town, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 3. Contract Price. For furnishing all said materials and labor, tools and equipment, and doing all the Work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the Work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until its acceptance by the Town, and for all risks of every description connected with the Work; also for all expenses incurred by or in consequence of the suspension or discontinuance of Work, except such as in the said specifications are expressly stipulated to be borne by the Town; and for well and faithfully completing the Work and the whole thereof, in the manner shown and described in said Plans and Specifications, the Town will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the schedule of the Proposal in the amount of ($ ). 4. Time for Performance. The Contractor shall diligently prosecute the Work to completion as provided in the Conditions. 5. Permits; Compliance with Law. The Contractor shall, at its expense, obtain all necessary permits and licenses, easements, etc., for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of the public health and safety, specifically including, but not limited to, the Storm Water Pollution Prevention Requirements of the State of California and State Water Resources Board General Construction Permit(s) applicable to the Town. Any dispute arising from Contractors obtaining, failure to obtain, or comply with any such laws or regulations shall be within the indemnification requirements of Section 20.0 of this Contract. Contractor and all subcontractors used by Contractor agree to comply with all applicable Federal, State or Town statues and regulations including but not limited to those pertaining to nondiscrimination, equal employment opportunity, affirmative action, employment of the handicapped, and land use. The Town reserves the right to terminate this Agreement for failure by the Contractor to comply with any and all applicable local, state, or federal laws. Persons or businesses which have open code violation cases with the Town relating to their place of business or otherwise related to the performance of this agreement are ineligible to enter service or Town of Truckee [***INSERT NAME OF PERSON OR FIRM*'-] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 2 of 10 Attachment 1 construction contracts with the Town. This restriction applies whether the open code violation case applies to the work proposed to be performed under contract with the Town or other violations of Town codes or regulations. If a code violation case is opened after the Agreement is signed, the Town will withhold ten (10%) of the Contractor's compensation pursuant to this Agreement until compliance is achieved. If compliance is not achieved by the termination or expiration date of this Agreement, or within 180 calendar days of the opening date of the case (whichever is longer) the withheld amount shall be permanently retained by the Town. If monies are withheld from Contractor, Contractor shall be ineligible to bid on future Town work until the Community Development Director verifies that compliance has been achieved. This remedy is non-exclusive, and in addition to any other remedies in law or equity available to Town. 6. Inspection by Town. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the Town to all parts of the Work, and to the shops wherein the Work is in preparation. Where the Specifications require Work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the Town. Should any such Work be covered up without such notice, approval, or consent, it must, if required by Town, be uncovered for examination at the Contractor's expense. 7. Notice. Any notice from one party to the other under this Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner. (a) If the notice is given to the Town, by personal delivery thereof to the Town Manager, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Town Manager, postage prepaid and certified; (b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth below; or (c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified. Town: Contractor: Town of Truckee Name 10183 Truckee Airport Road Mailing Address Truckee, CA 96161-3306 Physical Address Attn: Kim Szczurek City, State, Zip Interim Town Manager Attn: [***ONLY INCLUDE THIS PARAGRAH IF THE CONTRACTOR'S ADDRESS IS WITHIN THE TOWN OF TRUCKEE BOUNDARIES, OTHERWISE ALWAYS DELETE***] Contractor expressly represents Town of Truckee [***INSERT NAME OF PERSON OR FIRM***] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 3 of 10 Attachment 1 and warrants to Town that the notice address provided herein is Contractor's place of business for purposes of this agreement and that there are no code violation cases open in the Truckee Community Development Department with regard to that address or any other activity related to the performance of this agreement. 8. Accident Prevention. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California. 9. Contractor's Warranty and Guarantee. Warranty: The Town shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, Work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all Work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event Contractor unqualifiedly warrants such lesser quality. Contractor further warrants that the Work as performed by Contractor, subcontractor, or supplier will conform with the Plans and Specifications or any written authorized deviations there from. Contractor's obligations under this Section 9 shall survive the termination or expiration of this Contract. Guarantee: (a) In addition to warranties, representations and guarantees stated here elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace at its sole cost and expense, and to the satisfaction of the Town Engineer, any and all materials which may be defective or improperly installed. (b) The Contractor shall repair or replace to the satisfaction of the Town Engineer any or all such Work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other Work which may be damaged or displaced in so doing. (c) In the event of failure to comply with the above stated conditions within a reasonable time, the Town is authorized to have the defect repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand, including any reasonable management and administrative costs, and engineering, legal and other consultant fees incurred to enforce this section. (d) The signing of this Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect for a period of one (1) year after final acceptance of the Work by the Town pursuant to the Conditions. 10. Liquidated Damages. Liquidated damages as provided in the Conditions of this Contract shall be in the sum specified for each and every day as defined therein. Town of Truckee [***INSERT NAME OF PERSON OR FIRM***] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 4 of 10 Attachment 1 11. Apprentices. Contractor agrees to be bound by and comply with the provisions of sections 1777.5 et seg. of the Labor Code in respect to apprentices. 12. Prevailing Wages. The Contractor acknowledges that it has examined the prevailing rate of per diem wages as established by the U.S. Department of Housing and Urban Development [*** ONLY INCLUDE THIS REFERENCE TO HUD IF THERE IS FEDERAL MONEY BEING SPENT, OTHERWISE ALWAYS DELETE***] and the California Director of Industrial Relations. The Contractor agrees to pay workers not less than the applicable prevailing rate of per diem wages, as set forth in these requirements or local prevailing wages as established under the Town Charter as appropriate to the project being constructed.[***ONLY INCLUDE THIS REFERENCE TO PREVAILING WAGES IF YOUR PROJECT IS UNDER THE $15,000 OR $25,000 THRESHOLDS, OTHERWISE ALWAYS DELETE***] Contractor shall comply, and shall require each subcontractor employed by Contractor on the Project to comply, with the requirements of Labor Code Section 1776, including without limitation the requirement to maintain certified payroll records. Contractor shall submit certified payroll records directly to the California Labor Commissioner. At all times during the course of Contractor's work on the Project, Contractor shall remain registered with the Department of Industrial Relations and qualified to perform public work pursuant to Labor Code Section 1725.5, and Contractor shall ensure that all subcontractors employed on the Project by Contractor also remain so registered. Pursuant to Labor Code Section 1771.1(a), a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the Labor Code, unless currently registered with the Department of Industrial Relations and qualified to perform public work pursuant to Section 1725.5. However, an unregistered contractor may submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided that the contractor is registered to perform public work at the time the contract is awarded. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 13. Severability. Nothing contained in this Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract. 14. Complete Agreement. This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding. 15. Interpretation. (a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/or has the requisite experience and Town of Truckee [***INSERT NAME OF PERSON OR FIRM***] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 5 of 10 Attachment 1 sophistication to understand, interpret and agree to the particular language of the provisions of this Contract. (b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision. 16. Applicable Law. (a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California. (b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the Truckee court in the County of Nevada, State of California. 17. Authority to Execute. Each signatory to this Contract warrants that he or she is authorized to enter into this Contract on behalf of his or her principal. 18. Substitution of Securities. In the event Contractor elects to make provisions to substitute securities for those otherwise required herein as allowed by Government Code Section 10263 and/or Public Contracts Code Section 22300 or any successor section thereto no such substitution shall be allowed until Town and Contractor have executed an agreement in substantially the form required by and set forth in Government Code Section 10263. 19. Dispute Resolution. Except as set forth below, in the event of a dispute concerning the interpretation, implementation or performance of this agreement the arbitration provisions set forth in Public Contract Code Section 22201 shall be used to resolve any such dispute. To the extent that the claim resolution procedure in Public Contract Code Section 9204 applies, the parties hereto shall comply with the provisions of Section 9204. 20. Indemnification and Insurance. 20.0 Indemnification Requirements. To the fullest extent allowed by law, Contractor shall indemnify, defend, and hold harmless the Town, and its officers, employees, and agents ("Town indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys' fees and costs of litigation ("claims"), directly or indirectly arising out of the Contractor's performance of its obligations under this agreement or out of the operations conducted by Contractor, including the Town's passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the Town. In the event the Town indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this agreement the Contractor shall provide a defense to the Town indemnitees or at the Town's option reimburse the Town indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. This indemnification shall extend to claims occurring after this contract is terminated, as well as while it is in force. Contractor shall save, keep and hold harmless the Town, its Town of Truckee [***INSERT NAME OF PERSON OR FIRM***] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 6 of 10 Attachment 1 officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may be at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing Work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. Contractor's obligations under this paragraph shall survive the termination or expiration of this Contract. 20.1 Insurance Requirements. Contractor shall obtain and shall require its sub-contractors to obtain insurance of the types and in the amounts described below and satisfactory to Town. Approval of any such insurance by Town does not relieve Contractor or any subcontractor from indemnification liability as set forth in Section 20.0 above. Any requirements for insurance to be maintained after completion of the Work shall survive the termination or expiration of this Contract. Notwithstanding the minimum insurance coverage requirements set forth herein, if Contractor maintains higher limits than the specified minimum limits Town requires and shall be entitled to coverage for the higher limits maintained by Contractor. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees and volunteers. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of$25,000. Minimum Scope of Insurance: Coverage shall be no less broad as: Insurance Services Office (ISO) Commercial General Liability coverage form GC00.01. ISO form, CA 0001 Auto Liability, Any Auto Worker's Compensation as required by the State of California Surety Bond — Bid, Performance, and Payment Bonds Professional Liability— if applicable. Pollution Liability— if applicable. 20.2 Commercial General Liability Insurance. Contractor shall maintain occurrence version commercial general liability insurance of equivalent form with a combined single limit of not less than $2,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Contract or be no less than two times the occurrence limit. Coverage shall be continued for one (1) year after completion of the Work. 20.3 Business Automobile Liability Insurance. Contractor shall maintain business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. 20.4 Worker's Compensation Insurance. Contractor shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits as required by the California Labor Code and of not less than $1,000,000 per accident, $1,000,000 per disease per employee, and $1,000,000 disease per policy. The policy must include a written waiver of the insurer's right to subrogate against Town. A subrogate waiver endorsement and property completed certificate of insurance will be required. 20.5 Pollution Liability. If applicable, Contractor shall maintain pollution liability insurance with limits of not less Town of Truckee [***INSERT NAME OF PERSON OR FIRM***] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 7 of 10 Attachment 1 than $1,000,000 per pollution incident. If such insurance contains a general aggregate limit, it shall apply separately to this project or be no less than two times the occurrence limit. Coverage must apply to pollution incident at, or from any location at, which Contractor is performing Work under this agreement. Insurance must be continued for one (1) year after completion of the Work. 20.6 Insurance Endorsements. 20.6.1 Additional Insured. Except Workers' Compensation insurance, all policies of insurance required hereunder shall be endorsed to name Town, its officials, officers, employees, and agents as insureds with respect of performance of services. Such insured status shall contain no special limitations in the scope of its protection to the above-listed insureds. All insurance shall be primary with respect to any insurance or self-insurance programs covering Town, its officials, officers, employees, and agents and shall contain standard separation of Insured's provisions. As respects General Liability insurance, Town must be an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor and Town shall continue to be an additional insured for completed operations for one (1) year after completion of Work. 20.6.2 Primary and Noncontributory Insurance. The Contractor's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers, which shall be reflected in endorsements to each policy. Any insurance or self-insurance maintained by the Town, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 20.7 Certificates of Insurance. Contractor shall, prior to commencement of the Work, furnish to Town properly executed certificates of insurance, and copies of policy endorsements, which shall clearly evidence all insurance required in this Section. 20.8 Term of Coverage. Contractor shall maintain all insurance required by this Contract from the time services commence until services are completed, except as may be otherwise required by this section. Contractor shall replace any policies, certificates and endorsements for any insurance expiring prior to completion of the services. 20.9 Additional Insurance Requirements. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased. Written notice by certified mail, return receipt requested, shall be provided to: Town of Truckee Attn: Town Clerk 10183 Truckee Airport Road Truckee, CA 96161 All liability insurance shall be on an occurrence basis. Insurance on a claims-made basis will be rejected. Any deductibles or self-insured retentions shall be declared to and approved by Town. The Insurer shall Town of Truckee [***INSERT NAME OF PERSON OR FIRM***] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 8 of 10 Attachment 1 provide an endorsement to Town eliminating such deductibles or self-insured retentions as respects the Town, its officials, employees and volunteers. Contractor shall furnish to Town certificates of insurance and endorsements, duly authenticated, giving evidence of the insurance coverage's required in this contract and other evidence of coverage or copies of policies as may be reasonably required by Town from time to time. Insurance shall be placed with insurers with a A.M. Best Company rating of no less than A:VIII. All subcontractors employed on the Work referred to in this Contract shall meet the insurance requirements set forth for Contractor. Contractor shall furnish certificates of insurance and endorsements for each subcontractor at least five (5) days prior to the subcontractor entering the job site, or Contractor shall furnish Town an endorsement including all subcontractors as insureds under its policies. The cost of all insurance required by this agreement shall be included in the various items of Work in the Contractor's Bid and no additional compensation for purchasing insurance or additional coverage's needed to meet these requirements will be allowed. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that Town may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. The Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 20.10 Responsibility for Damage. As between the Town and Contractor, Contractor shall take and assume all responsibility for the Work as stated herein and/or shown on the Plans and Specifications. The Town shall not be liable for any accident, loss or damage to the Work prior to its completion and acceptance. No act by the Town, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any Work, or of any other nature, shall in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability it might otherwise have. 21. Right to Withhold Payment. Town may withhold payment to Contractor in the event of a stop notice or default under the provisions of Civil Code Section 9350 et seq. 22. Right to Audit. Town shall have the right, but not the obligation, to audit the project books and records of Contractor at any time prior to the filing of a notice of completion, upon forty-eight (48) hours written notice to Contractor, without charge or expense to Town. 23. Termination for Convenience. Town shall have the right, in its sole discretion, to suspend or terminate this contract on Work not performed with no penalty or obligation to Contractor of any type. 24. Expiration Date of Contract. Notwithstanding any other provision of this agreement, including those incorporated by reference, this contract shall terminate on , unless a certificate of completion has been recorded by Town on or prior to that date. In the event of such termination, Contractor shall be Town of Truckee [***INSERT NAME OF PERSON OR FIRM***] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 9 of 10 Attachment 1 compensated for any unpaid but completed Work. 25. Bid Protest. In the event of a bid protest the provisions of the Town Purchasing Rules and Regulations and/or the Truckee Town Code, governing such protests shall apply. IN WITNESS WHEREOF, this Contract has been duly executed by the parties hereinabove named, on the day and year written below. Dated this day of , 20 TOWN OF TRUCKEE By: Approved as to Form: Jen Callaway, Andrew Morris Town Manager Town Attorney CONTRACTOR Reviewed and Accepted by Contractor Signature Signature Name Name Title: [Must be: Chairperson of the Board, Title: [Must be Secretary, Assistant Secretary, President, or Vice President] Chief Financial Officer, or Treasurer] Date Date Town of Truckee [***INSERT NAME OF PERSON OR FIRM*'-] Construction Contract for[***INSERT TYPE OF SERVICES***] [***INSERT DATE***] Page 10 of 10 Attachment 1 Exhibit C -& T ION PLANS��G (P) SHEROE GWALL _ RELOCATE ) UTILITY POLE �CI OH OHU/ UH= OH`.' \\ o 44HU— UGHHIIII ��� i — �w \ \ � OHU— \ TOWN R ——— —— —— Oyu p TOP OF BANK � --- n TOWN ROW OHU— `4 o ° o TOP 0 \u I N _ _ W � ✓ \ IFiVI c /' (E AILS _\ \ \ Z75 (E)DRAINAGE E EMENT C �iP \ \ QV Y / � F�S,g3 /`/ // � � �� ZiF ►� ay � ° z G/\ 0 oS, .3// / / / �V � LZ C) C) V _ \ DRAINAGE SEMENT / / 19-421-011 �. <.,�� ♦ w \\ (E)42" PANEL JQ 2,� \ \ (U TD ASSOCIATES _- FENCE F, v_ [� r-I \ \ U L W CD UPRR BALLOON TRACK PLAN > N u SCALE: 1"=20' _ �w n n mm Fa In m" U 20 0 20 40 p n 26.0' 7 n ¢/ REQUIRED FOR CONSTRUCTION C/L TRACK ` W ti Z Ia. pl SCALE IN FEET 30.0' _ W 1" = 20'-0" L F S UPRR EASEMENTai CONTOUR INTERVAL = 1' EXCAVATION PERMITTED NO 12CAVOATION ry ZO PLACE STRUCTURAL FILL IN 8" LIFTS. 17 0 In �I U KEY LIFTS INTO (E) SLOPE. COMPACT 3'p UPRR ACCESS Q Z p EACH LIFT OF STRUCTURAL FILL TO rr'� w +' 90% COMPACTION VARIES 14.5'TO 17.5' w Ln w Z_ TO EXISTING +1 TOP OF BANK STEEL WALL W o a ROCK SLOPE 2 z N P +, PROTECTION z F� S (E) GRADE 7.75' W u w It c ai J N IJ ------- --------------------------------- — — 1 S 1 U 1 1 OQROFESSip < 2 12' y DAMS ENNKINS�C cd PROPOSED w No.C 057235 CHANNEL BOTTOM SCARIFY & COMPACT REMOVE (E) Exp.12-31-21 TOP 6" TO 90% COMPACTION DETERIORATED WALL y CIVIL �P j ZONE B ZONE A (DEPTH UNKNOWN) lF OF CA��FO� SHORING DESIGNED TO OSHA STANDARD LOADS SHORING MUST BE DESIGNED FOR RAILROAD LIVE 12-23-2020 U SLOPING CUTS ALLOWED LOAD SURCHARGE IN ADDITION TO OSHA STANDARD Designed: pg O r LOADS FOR EXCAVATION IN ZONE A. Y 90 PERCENT Seale:: Y 2H NO SLOPING CUTS ALLOWED O Scale: 12 SHOWN i 0141 APPLICABLE RAILROAD LIVE LOAD: COOPER E80 Date: 12-23-2020 1 UPRR ACCESS SECTION • SUBMITTAL 23 CD cd C23 SCALE: NTS Call .Gill Before You Dig DATE: 12-23-2020 OF C23 81