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Home My WebLink About16 Electric Water Development agreement Agenda Item # 16 O DONNER ACTION To: Board of Directors From: Joe Horvath Date: July 02, 2008 Subject: Approve Updated Development Agreement- Electric &Water 1. WHY THIS MATTER IS BEFORE THE BOARD This matter is before the Board because only the Board can make changes to the Development Agreement. 2. HISTORY At the June 18, 2003 Board Meeting, a workshop was held to discuss the overall development agreement process and the specific proposed updates and changes to the Development Agreement Guidelines document and the actual Development Agreements. 3. NEW INFORMATION District staff has refined the Development Agreement process over the years with more detailed specifications and construction requirements. Staff has updated this document and a copy is included in the Board packet for review and comment. The significant changes include the following: • Divide large projects into phases for construction and accounting purposes. • Assign a Project Administrator to each project to track progress and ensure compliance with District standards. • Review project monthly to track expenditures and required documentation. • Establish a procedure for dispute resolution. 4. FISCAL IMPACT There is no direct fiscal impact associated with this matter. 5. RECOMMENDATION That the Board approve the proposed changes to the Development Agreement Guidelines and associated Development Agreement Contracts. Stephen Hollabaugh Michael D. Holley Assistant General Manager General Manager TRUCKEE R DEVEWPMENT AGREEMENT GUMELF\TES 2W8 Truckee Donner Public Utility District 11570 Donner Pass Road Post Office Box 309 Truckee,CA 96160 Phone 530-587-3896•Fax 530-587-1189 TRUCKEE DONNER PUBLIC UTILITY DISTRICT DEVELOPMENT AGREEMENT GUIDELINES TABLE OF CONTENTS Section No Description Pace GENERAL INTRODUCTION 3 DEVELOPMENT STAFF INTRODUCTION 4 SECTION 1: ADMINISTRATIVE REQUIREMENTS 1 1 Project Routing Request from the Town of Truckee 5 1.2 Project Scheduling 5 1.3 Development Agreement Application 5 1.4 Annexation Conditions 5 1.5 Electric and Water Project Review Guidelines 5 1.6 Development Agreement 5 1.7 Development Forms 6 1.8 Service Availability Request 6 1.9 Deeds and Title Insurance 6 1.10 Contracting Firm Data Sheet 7 1.11 Costs and Fees 7 1.12 Insurance Policy 8 1.13 Conveyance 8 1.14 Service Availability 9 I 1.15 CEQA Documentation 9 1 16 Dispute Resolution 9 1.17 LIST OF DEVELOPMENT EXHIBITS 10 SECTION 2: ELECTRIC REQUIREMENTS 2.1 Project Improvement Plans and Specifications 11 2.2 Electric Facilities Fee 12 2.3 Electric Connection Fee 13 2.4 Electric Line Extension Reimbursements 13 2.5 Construction 13 2.6 Warranty 13 2.7 Electric Connection and Facilities Fees Schedule 13 SECTION 3: WATER REQUIREMENTS 3.1 Project Improvement Plans and Specifications 14 3.2 Water Facilities Fee 15 3.3 Water Connection Fee 15 3.4 Water Line Extension Reimbursements 15 3.5 Construction 16 3.6 Warranty 16 3.7 Water Connection and Facilities Fees Schedule 16 3.8 California Assembly Bill 1881 Compliance Statement 16 3.9 Donner Lake Water Assessment District No. 00-1 16 SECTION 4: DEVELOPMENT AGREEMENT PROCESS 4.1 Flow Chart 17 Revised 2008 1 4.2 Submittals 18 4.3 Beginning of Development Process 18 I 4.4 Developer Provides Additional Information 18 4.5 District Electric System Design 19 4.6 District Review 19 4.7 Development Agreement 19 4.8 Execution of Development Agreement 19 4.9 Construction Schedule 20 4.10 Construction Phase 20 4.11 District Responsibilities-Construction 20 4.12 District Responsibilities-Inspection 20 4.13 Construction Completion 20 4.14 Conditional Acceptance 20 4.15 Conditional Acceptance Submittals 21 4.16 Unconditional Acceptance 21 4.17 Warranty Period 21 4.18 Funds Transfer Agreement 22 List of Agencies 23 Policy Regarding As-Built Drawings 24 Exhibits 37 Revised 2008 2 GENERAL INTRODUCTION In 1927,the TRUCKEE DONNER PUBLIC UTILITY DISTRICT was formed to serve the electric needs of the Truckee Community. During the 1940's,the District began buying private water companies that provided the town with fresh water. Much of the land acquired with the water companies was sold to encourage development,bringing a new generation of young families to the area. Proceeds of those sales enabled the District to construct additional electric and water facilities to better serve the growing community. The District is a public agency,governed by a five member elected Board of Directors. A General Manager,selected by the Board of Directors,is responsible for the day to day operations and direction of the District's employees. The District currently(2008)serves over 12,000 electric and/or water customers. The TRUCKEE DONNER PUBLIC UTILITY DISTRICT is committed to providing prompt, cost-effective and courteous service to customers,present and future. The District provides electric and water services to most of the Truckee area. However, some areas receive electric and water services from neighboring agencies. Responsible agency determination can be made by contacting the District's Development Staff at (530) 582-3956. For your convenience,a listing of neighboring agencies with telephone numbers can be found on page 23. Revised 2008 3 DEVELOPMENT STAFF INTRODUCTION The Development staff,specializing in project developments,consists of five experienced employees,Sara Owens,Jessica Wilson,Mike Connell,Sanna Schlosser and Pat McQuary. This Development Team offers more than 40 years of District experience to customers and developers alike. Each team member has specific areas of responsibility. Sara is the initial contact person,assisting with the project's many administrative requirements. Sanna(electric)and Jessica(water)may be assigned as Project Administrators. Mike Connell handles the technical requirements for the water department. Pat McQuary handles inspections for the electric department. The Development Team is committed to provide timely and effective service to the District's existing and future customers. Balancing the unique requirements of individual projects with the best interests of the District is essential. Consistent application of established District standards,rules and regulations is the primary focus of the Team. Understanding the needs of customers and developers is necessary to maintain this balance. Comments,critical and complimentary, are encouraged throughout the development process. If you should have any questions about District service related to your project development process,feel free to contact us at the numbers listed below: Sara Owens Contract Administrator Phone (530)582-3956 Email SaraOwens@tdpud.org Jessica Wilson Water Engineer Phone (530)582-3966 Email JessicaWilson(&tdpud.org Mike Connell Water Planner Phone (530)582-3908 Email MikeConnell@tdpud.org Sanna Schlosser Electrical Engineer Phone (530)582-3945 Email SannaSchlosser@tdpud.org Pat McQuary Construction&Maintenance Inspector Phone (530)582-3914 Email PatMcQuary@tdpud.org Voice mail can be left 24 hours a day if you call on any of the above listed numbers. The fax number to contact any of the above listed staff members is(530)587-1189. Revised 2008 4 I ADMINISTRATIVE REQUIREMENTS 1.1 Project Routine Request from the Town of Truckee Prior to a project being approved by the Community Development Department Planning Division both the water and electric departments are asked to respond with any comments and any conditions of approval and/or requests for additional information by a certain date The District will respond to the Town of Truckee with any specific concerns that need to be addressed in this planning stage. 1.2 Proiect Scheduline Each development is handled on a first-come first-serve basis. The Developer is required to provide the necessary application and associated forms to District staff in the initial submittal to facilitate a timely response. An incomplete application will be returned to the Developer with the missing items highlighted. For your convenience,a flow chart has been included on page 27 to help you understand and follow the development process. 1.3 Development Aereement Application The application must be completed by the Developer and returned to the District with the relevant forms,appropriate deposits and a site plan for preliminary I review. The application initiates the agreement process(Exhibit# 1). At this stage a Project Administrator will be assigned to the project. 1.4 Annexation Conditions If the project lies outside the boundaries of the District,the Developer must request annexation of his/her property into the District prior to the initiation of the Development Agreement. The terms of annexation then become a part of the agreement. 1.5 Electric and Water Proiect Review Guidelines If the total value of the projects on-site improvements being installed by the Developer to be conveyed to the District for ownership.operation and maintenance exceeds$200 000 the Development Agreement will be brought to District's Board of Directors for review. The total value will be calculated by the engineer of record. 1.6 Development Agreement A development agreement is a document prepared after review by the District staff and legal counsel which sets forth the terms and conditions for the provision of water and/or electric service to a proposed project. This agreement is made Revised 2008 5 between the project Developer(s)and the District. The Developer is responsible for all costs associated with the agreement,which may include but are not limited to administrative,legal,annexation,plan checking and construction and inspection costs. 1.6a Preconstruction Meeting and Inspections A pre-construction meeting between the District and the Developer is mandatory prior to commencement of construction. The new construction specifications and the electric plan provided by the District are required to be used for construction of the project. A copy of these specifications will be provided with the Development Agreement. 1.7 Development Forms Various forms are used to determine the requirements necessary for each development. The Developer will be required to complete the forms attached to the"Development Agreement". A list of these forms and other documents referred to in these guidelines are shown in Section 1.17 for your convenience. 1.8 Service Availability Request If the Town Planning Department or County requires a"Will-serve"letter,the Developer will complete a"Request for Statement of Service Availability"form. The following information is required to complete the form: ■ The assessor's parcel number; ■ A description of the nature of the proposed development; ■ The Electrical amperage,voltage and phase required for the proposed development. 1.9 Deeds and Title Insurance 1.9.1 Projects that convey real property to the District. 1.9.1.1 Deeds to all easements,rights of way and real property, accompanied by title Insurance must be included as a part of the agreement unless a waiver is requested by the Developer and approved by District staff. Approval of waivers will be in writing. 1.9.2 Projects that do not convey real property to the District. 1.9.2.1 Copies of recorded ROW(right of way)and easements along with copies of current title reports are required for District review of the project. Revised 2008 6 1 10 Contracting Firm Data Sheet Information concerning the contractor which the Developer has retained for the Construction of the project must be provided to the District on the"Contracting Firm Data Sheet". Typically,an"A"license is required for installation of water facilities. Separate forms are required for all contractors performing work related to the Development Agreement. 1.11 Costs and Fees The Developer will be required to pay all estimated costs and fees to the District upon execution of the agreement. 1.11.1 Plan Checking and Design Deposit An initial deposit in the amount of$1000.00 for electric and/or$1000.00 for water covers the estimated expenses of the plan checking and design phase based on project needs. Larger scale projects may require additional deposits. The Developer shall not be due any interest on monies held by the District. 1,11.2 Inspection Deposit The estimated costs associated with inspections deemed necessary for the project. The Developer shall not be due any interest on monies held by the District. 1.11.3 Connection Fee A connection fee or multiple fees based on the size of service(s)requested. For further information on this topic please refer the current fee schedule available from the District upon request. 1.11.4 Facilities Fee For information on this topic please refer to Sections 2.2 and 3.2. 1.11.5 Proiect Documentation Deposit 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 The deposit shall be held by the District and refunded to the Developer upon the Developers successful completion of the As-Built Drawings as outlined below. The Developer shall not be due any interest on monies held by the District. Should the Developer not complete the As-Built drawings in a reasonable time,unconditional Revised 2008 7 acceptance of the Project will be withheld until the District,using Developers deposit completes the As-Built drawings. 1.12 Insurance Policy Prior to the commencement of construction,the Developer will furnish the District with satisfactory evidence of an Insurance Policy written upon a form and by a company which meets with the approval of the District,insuring the District, its officers,agents and employees against loss or liability which may arise during the construction,or which may result from any of the work or construction herein required to be done,including all costs of defending any claim arising as a result thereof. The minimum limits of such policy are in the amount of$1,000,000 for the death of or injury to any person in any one accident, and$2,000,000 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. Said 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 electric and/or 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. 1.13 Conveyance Prior to offering the improvements for conveyance,the Developer must provide certain documents to the District. These include: 1.13.1 A"Dedication",prepared by the District. 1.13.2 A Statement of the"As-built"dollar value of the improvements, including documentation to substantiate the amount. 1.13.3 Payment of all outstanding fees and associated costs; 1.13.4 Policy Regarding As-Built Drawings. 1.13.5 Permanent easements and rights-of-way completed and submitted with required documentation prepared by a licensed professional. 1.13.6 Water Facility Maintenance Bond/Agreement 1.13.6.1 Bond in a form satisfactory to the District in a sum equal to 15%of the ultimate construction costs,to remain in effect for a period of one year following unconditional acceptance. Revised 2008 8 1.13.6.2 Agreement in a form satisfactory to the District in a sum equal to 10%of the total construction costs,to remain in effect for a period of one year following unconditional acceptance. 1.14 Service Availability Once the improvements have been conveyed and accepted by the District, applications for service will be accepted. The Developer may wish to apply for conditional acceptance for the water and or electric facilities prior to the District granting unconditional acceptance and take occupancy of completed facilities. Applicants requesting water and/or electric service through the P.U.D may be required to pay a security deposit. 1.15 CEQA Documentation The Developer will be required to submit all information related to the CEQA review process. 1.16 Dispute Resolution If at any time during the Development Agreement process issues arise that need resolution the Developer should submit a written request to the Project Administrator responsible for the project in question. Such request shall state all of the items of concern The Developer can expect a response within 10 business days from receipt of request If no resolution is reached the Developer can request a meeting with the District's General Manager. If still no resolution is reached the Developer can request a meeting before the Board to resolve the issue Staff shall agendize the item before the Board for the next scheduled regular Board meeting Scheduling shall be consistent with the Brown Act and must occur with at least 72 hours prior notice Only after this process is exhausted without resolution of the dispute made parties proceed to litigation. If either party commences a court action against the other based on a dispute or claim to which this paragraph applies without first complyjngzwith the provisions of this paragraph the party commencing the court action shall not be entitled to recover attorney's fees even if they would otherwise be available in such court action. Revised 2008 9 1.17 DEVELOPMENT EXHIBITS Form Names Exhibit# Application for Construction 1 Deleted:Development Agreement Project Representatives Overall Project Characteristics Project Electric Requirements Project Water Requirements Backflow/Cross Connection Requirements California Assembly Bill 1881 Compliance Statement Contracting Firm Data Sheet/Electric Contracting Firm Data Sheet/Water Request for Statement of Service Availability Will Serve Letter 2 Application for New Construction 3 Application for Commercial Service 4 Electric Development Agreement 5a Water Development Agreement 5b Grant Deed for Temporary Blanket Public Utility Easement 6 Insurance Policy 7 Grant Deed for Public Utility Easement 8 Offer of Dedication and Acceptance 9 Engineers Estimate of Costs/Statement of As-Built Dollar Value 10 AWWA Certified Testers 11 Maintenance Bond 12 Maintenance Agreement 13 Letter of Conditional Acceptance for Electric Facilities 14 Developers Request for Conditional Acceptance 15a Conditional Acceptance for Water System Improvements Form 15b Letter of Unconditional Acceptance 16 Funds Transfer Agreement 17 As-Built Request Letter 18 Revised 2008 10 2 ELECTRIC REQUIREMENTS 2.1 Project Improvement Plans and Specifications Projects consisting of more than a residential/commercial connection to existing electric service,will be required to submit a compete set of improvement plans, including site plan building elevations,detailed load calculations,panel schedules, floor plans,etc. The plans and specifications must be prepared by an engineering firm licensed in the State of California.The Developer shall submit one hard copy of the plans and specifications. Drawings shall be 24"x 36"or 22"x 34"and shall be printed on bond paper. The Developer shall also submit an electronic AutoCad file containing the information depicted on the As-Built Drawings. In the event that the Developer does not have the capability of producing electronic drawings,the District will accept the hard copy drawings as fulfillment of the As-Built requirements. However,the cost to the District for scanning, vectorizing and manipulating drawings to develop the required electronic data will be deducted from the Project Documentation Deposit Electronic files shall conform to the following requirements: o File format shall be AutoCad Release 12-AutoCad 2004 compatible. o Files shall be submitted on portable media such as 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. District staff is available for pre-design conferences and field meetings at the Developers expense. District staff will work with the Developer in order to assure that the plans and specifications meet with District standards. These meetings are not to be confused with a pre-construction meeting which is a requirement of the Development Agreement. 2.1.1 Title Sheet Sets of plans with three or more sheets will require a Title sheet. On subdivision or improvement plans exceeding three sheets in the set,a title sheet shall be prepared showing the entire subdivision or project,Town boundary lines,County boundary lines,assessor parcel lines,and street names. The title sheet shall include the location of the development, Developer(s)name(s)and address(s);the Engineers name,address,license number,and signature;date and scales of plans;and the required approval signature blocks. Revised 2008 11 2.1.2 Additional Sheets All other sheets shall include;an approved title block showing the sheet title,number date,scale; engineer's name,license number; and signature; date and scales of plans; and the required approval signature blocks. 2.1.3 Approval Blocks Approval blocks shall appear on the title sheet,and all detail sheets that have details to be approved by the District. There shall be two blocks one for the"Approval Recommended"to be signed by the District Engineer. Approval blocks shall conform to the following: Engineers Certificate These improvement plans have been prepared under my direct supervision,are being submitted under my direct supervision,and are deemed by me to be sufficient and correct. Engineer R.C.E. Date District Engineers Certificate Approval Recommended: District Engineer Date 2.2 Electric Facilities Fee The Developer will be required to pay an electric facilities fee. The facilities fee is a charge levied by the District based upon the expense of providing electric service to the development,including all expansions and modifications of the District's electric system which may be required in order to accommodate such service. The electric facilities fee is based upon the amperage,voltage and type of the electric service requested by the Developer. The fee collected will be used to construct related facilities. The fee represents the development's proportionate share of these facilities. (Ordinance No.2008-03 -Effective 4/7/08) 2.3 Electric Connection Fees Revised 2008 12 The purpose of connection fees is to reimburse the District for the actual administrative,material and labor costs of connecting to the electric system. (Ordinance No.2008-02—Effective 4/7/08) 2.4 Electric Line Extension Reimbursements At the District's option,it may enter into an agreement with the Developer whereby adjacent properties connecting to the main extension,installed by the Developer,will be required to reimburse the Developer,through the District,for a prorated share of the main extension costs. This reimbursement will continue until the line has been in service for a period of ten years. 2.5 Construction The agreement by its terms shall identify the responsibilities of each party. All construction must be in accordance with the District's Rules and Regulations. Construction must be completed within twenty four months from the date of execution of the agreement. Any extension requests for project construction deadlines must be in written form and are subject to District approval. Failure to meet established deadlines may require a new agreement to be executed. 2.6 Warranty Developer shall warrant and guarantee that all labor and materials supplied by Developer shall,for a period of one year after acceptance of the project,be of a good and workmanlike quality,free of defects of any type whatsoever. 2.7 Electric Connection and Facilities Fees Schedule Applicability Refer to current fee schedule available from the District upon request. Revised 2008 13 3 WATER REQUIREMENTS 3.1 Project Improvement Plans and Specifications Projects consisting of more than a residential/commercial connection to existing electric and water services,will be required to submit improvement plans. The plans and specifications must be prepared by an engineer licensed in the state of California. Plan sheets shall be 22"x 34"or 24"x 36"in size and drafted in a neat and legible manner. Utility plans must be provided outlining(1)the existing and proposed water system on one sheet,(2)the existing and proposed electric system on one sheet and(3)all existing and proposed utilities and improvements on a third sheet. Larger projects may require more than one sheet for each of the three categories described. Improvement plans are subject to the requirements of the District's As-Built Drawing Policy and Procedures(5.01.027.1). District staff will be available for pre-design conferences and field meetings at the Developers expense. The staff will work with the Developer in order to assure that the plans and specifications meet with District standards. 3.1.1 Title Sheet Sets of plans with three or more sheets will require a Title sheet. On subdivision or improvement plans exceeding three sheets in the set,a title sheet shall be prepared showing the entire subdivision or project,Town boundary lines,County boundary lines,assessor parcel lines,and street names. The title sheet shall include the location of the development, Developer(s)name(s)and address(s);the Engineers name,address,license number,and signature; date and scales of plans;and the required approval signature blocks. 3.1.2 Additional Sheets All other sheets shall include;an approved title block showing the sheet title,number date,scale; engineer's name,license number;and signature; date and scales of plans;and the required approval signature blocks. 3.1.3 Approval Blocks Approval blocks shall appear on the title sheet,and all detail sheets that have details to be approved by the District. There shall be two blocks one for the"Approval Recommended"to be signed by the District Water Engineer. Approval blocks shall conform to the following: Revised 2008 14 3.1.4 Engineers Certificate These improvement plans have been prepared under my direct supervision,are being submitted under my direct supervision,and are deemed by me to be sufficient and correct. Engineer R.C.E. Date District Engineers Certificate Approval Recommended: District Engineer Date 3.2 Water Facilities Fee The purpose of the facilities fee is to finance public water system facilities to reduce the impacts of additional demands on the existing water system caused by new development within the District's water service area. (Ordinance No.2005-03—Effective 6/6/05) 3.3 Water Connection Fees The purpose of connection fees is to reimburse the District for the actual administrative,material and labor costs(excluding service lateral)of connecting to the water system. (Ordinance No.2008-01 —Effective 4/7/08) 3.4 Water Line Extension Reimbursements At the District's option,it may enter into an agreement with the Developer whereby adjacent properties connecting to the main extension,installed by the Developer,will be required to reimburse the Developer,through the District,for a prorated share of the main extension costs. This reimbursement will continue until the line has been in service for a period of ten years. (Water Rule 21,Minute Order 87-76,Reso. 9623) Revised 2008 15 3.5 Construction The agreement by its terms shall identify the responsibilities of each party. All construction must be in accordance with the District's Rules and Regulations. Construction must be completed within twenty-four months from the date of execution of the agreement. Any extension requests for project construction deadlines must be in written form and are subject to District approval. Failure to meet established deadlines may require a new agreement to be executed. 3.6 Warranty Developer shall warrant and guarantee that all labor and materials supplied by Developer shall,for a period of one year after acceptance of the project,be of a good and workmanlike quality,free of defects of any type whatsoever. 3.7 Water Connection And Facilities Fees Schedule Applicability Refer to current fee schedule available from the District upon request. 3.8 California Assembly Bill 1881 Compliance Statement In compliance with the California Assembly Bill 1881 the District will require the Developer to submit a statement in the application process related to the square footage of irrigated landscape for the project. 3.9 Donner Lake Water Assessment District No.00-1 The Develo er ma be re uired to artici ate in the Donner Lake Water Assessment District No.00-01 and may be subject to the Terms and Conditions of the Assessment District. The details of participation in the Assessment District will be outlined in the Development Agreement for the subject project. Revised 2008 16 4 DEVELOPMENT AGREEMENT PROCESS 4.1 FLOW CHART -Development Flow Chart—TVDlcal Project Developer's Initial Visit Project Introduction District provides Developer submits completed meeting with District Development application,required forms& staff,if requested Agreement guidelines administrative deposit and Application forms Developer provides plans&deposits for technical review&design Electric Department Water Department • District assigns vroiect administrator • District assigns project administrator. 0 Developer provides technical information • District reviews and redlines submitted plans. necessary for design work • Developer resubmits revised plans for District • District designs electrical facilities based on the approval autocad civil drawings. • These 2 steps continue until design&plans are • Developer includes District design on Construction approved. Drawings. District staff approves plans and drafts a Development Agreement. District Board reviews Development Agreement and if approved,Board President signs. District holds a mandator re-construction meeting with the Developer F�7' s agreement and provides exhibits for development agreement plansCertificatesasement Document ng Data Firm Sheets • Pays requires fees&deposits Improvements by Developer 0Improvements by District during the Construction phase during the Construction phase U on re nest District conditional) accepts the water&electric systems onstruction Com leted C Developer complies with requirements for conditional/unconditional acceptance U on re uest District unconditional) acce is water&electric s stems One vear maintenance/warrant cried be jns Revised 2008 17 4.2 Submittals: 4.2.1 Development agreement application and all related forms; 4.2.2 Minimum$1000 deposit toward electric system design expenses: (should be 1%of the Project Engineer's estimate of construction costs); 4.2.3 Minimum$1000 deposit toward water system plan check expenses: (should be 1%of the Project Engineer's estimate of construction costs); 4.2.4 One copy of the proposed site plan and all structural elevations. The Electric Department has additional submittal requirements as detailed in Section 2. 4.3 Beginning of Development Process District will begin the development process,which can include any or all of the following: 4 3 1 Assignment of District Project Administrator. 4.3.2 Meetings/phone conversations with Developer(s)or Project Representative; 4.3.3 Legal and/or Engineering Consultant review; 4.3.4 Review of other documents submitted by Developer; 4.3.5 Provide copies of District standards,requirements; 4.3.6 Provide input for electric system design; 4.3.7 Provide input for water system design. 4.4 Developer Provides Additional Information Developer provides water and electric system plans and details for District review together with: 4.4.1 One-line diagrams,panel schedules,detailed load calculations with summary and panel product data. 4.4.2 Developer submits preliminary cost estimate for proposed Developer installed water and electric system improvements; 4.4.3 Other related documents. Revised 2008 18 4 5 District Electric System Design The District Electrical Engineer will design the electrical line extension necessary to serve the project. 4.5.1 District staff will send plans and specifications to Developer. 4.5.2 Developer will incorporate District plans and specifications into a combined utility drawing depicting electric and other dry utilities (communications,etc.)and water,sewer,storm drainage system,etc. 4.6 District Review District will review project plans,and provide comments and red-line the proposed plans; 4.6.1 Developer submits revised water and electric system plans for District approval; 4.6.2 District staff will design electric system and send plans and specifications to Developer; 4.6.3 District will continue review/redline process until plans receive final approval by District staff, 4.7 Development Agreement District prepares development agreement; Developer provides to the District: • A minimum of two(2)complete 24"x 36"or 22"x 34"working sets of approved plans and specifications; • Insurance certificate; • Temporary blanket easement-prepared by District; • Contractor data sheet(s); • Payment of all fees and required construction deposits. 4.8 Execution of Development Agreement After Board review and approval of the Development Agreement(if applicable), Developer and District sign development agreement. Revised 2008 19 4.9 Construction Schedule Developer provides District staff with construction schedule(time line)for project. 4.10 Construction Phase Developer begins construction of electric and water systems; 4.10.1 Developer is required to schedule related work and inspection with District staff. 4.11 District Responsibilities-Construction District crews install electrical and water equipment and components as required and agreed to in the development agreement. 4.12 District Responsibilities-Inspection District staff will provide the following as required: 4.12.1 Water system pressure/leakage test results; 4.12.2 Water system bacteriological sample test result; 4.12.3 Construction inspection water and/or electric; 4.12.4 Final walk-through with Developer's representatives; 4.13 Completion of Construction Upon completion of construction of the electric and water systems,the Developer provides: 4.13.1 Maintenance bond/agreement(water system only); 4.13.2 Detailed"As-built"cost of installed system(one each for electric and water systems); 4.14 Conditional Acceptance Conditional electric and water service can now be provided to the development. When the District has determined that the water and electric distribution system has been completed,and upon receipt of the permanent easements,then the District may conditionally accept the water and electric distribution systems and may provide water and electric service,on a conditional basis,to the Project. Revised 2008 20 Conditional service shall be provided to enable the Developer to use the Project while the Developer is in the process of providing to the District any outstanding documents required for Unconditional Acceptance. Any Conditional Acceptance shall be in writing. If at any time the District,in its sole discretion,determines that the Developer is not making adequate progress towards providing the District with the required documents,then the District may,after providing thirty(30) days prior written notice,discontinue conditional water and electric service to the Project. Any water and electric service provided by the District prior to unconditional acceptance of the water and electric distribution systems shall be deemed conditional service. 4.15 Conditional Acceptance Submittals Developer provides to the District: 4.15.1 Approved as-built drawings of the installed/existing electrical system; 4.15.2 Approved as-built drawings of the installed/existing water system; 4.15.3 Approved as-built drawings of all installed/existing utilities improvements; 4.15.4 Permanent easement reflecting as-built system,one each for electric and water systems; 4.1M Payment of outstanding expenses; 4.15.6 Dedication of installed facilities. 4.15.7 Statement of"as-built" dollar value of the installed electrical and water systems with documentation to substantiate the stated value. 4.15.8 Copy of the final map,if applicable. 4.16 Unconditional Acceptance District General Manager unconditionally accepts water and electric systems for ownership,operation and maintenance. Unconditional Acceptance by the District shall be in written form. 4.17 Warranty Period Twelve months after acceptance of the system by the District Board/District General Manager,the District releases the Developer's maintenance bond/agreement. Unless there is/are pending project related work or claims. Revised 2008 21 4 18 Funds Transfer Agreement A funds transfer agreement may be necessaryto enable the District to transfer funds between the electric and water Develo ment A reements in an effort to offset a balance due. Revised 2008 22 LIST OF NEIGHBORING AGENCIES Other Utility Companies and Special Districts: Truckee Sanitary District (530)587-3804 Tahoe Truckee Sanitation Agency (530)587-2525 Truckee Fire Protection District (530)582-7850 Sierra Pacific Power Company (530)546-2573 Southwest Gas Corp. (530)582-7200 AT&T (530)582-7942 Suddenlink (530)587-6100 Town of Truckee-Community Development Dept. (Building) (530)582 78530) 20 76 Water Quality Control Board—Lahonton Region (530)544-3481 Nevada County Environmental Health (530)582-7884 Placer County—Building Department (530)581-6200 -Planning Department (530)581-6280 -Environmental Health (530)581-6240 Revised 2008 23 RUCKEE DONNER Public Utility District IC LLI POLICY RE_aA_R_D_1N_G_AS-B _AW�IN �S L�TD R TABLE OF CONTENTS TABLEOF CONTENTS.................................................................................................... DEVELOPER RESPONSIBILITIES................................................................................. 2 PROJECT DOCUMENTATION DEPOSIT...................................................................... 2 AS-BUILT DRAWING PROCEDURES........................................................................... 2 AS-BUILT DRAWING FORMAT ....................................................................................4 LAYERINGCONVENTION............................................................................................. LandInformation............................................................................................................ ElectricFacilities ............................................................................................................ WaterFacilities............................................................................................................... SanitationFacilities....................................................................................................... 10 Drainage Facilities........................................................................................................ 10 11 Text............................................................................................................................... 11 DATUM POLICY ............................................................................................................ 11 Horizontal Datum.......................................................................................................... 11 Vertical Datum.............................................................................................................. 11 Accuracy....................................................................................................................... METADATAPOLICY..................................................................................................... 12 DISCOVERY.................................................................................................................... 12 .......... 13 CONTACTINFORMATION................................................................................. f- i 1 / 13 �N"7 �N TDPUD As-Built Policy DEVELOPER RESPONSIBILITIES The details of the District's As-Built Drawing policy are outlined within this document. 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. At the time that the Developer signs the Development Agreement, the District shall impose a Project Documentation Deposit equal to five percent (5%) 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 DRAVNING 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 Design 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 Design 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. . 0 .. 2/ 13 TDPUD As-Built PolicyTR 2. These master As-Built Drawings shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant changes by number and date. 3. As-Built Drawings shall be accessible to District personnel at all times during the construction period. 4. The As-Built Drawings shall be submitted to the District upon completion of the project. Failure to submit complete As-Built Drawings may result in the partial or full forfeiture of the Project Documentation Deposit. A. District staff will review for completeness, accuracy, and format, of submitted As-Built Drawings. If the As-Built Drawings are found to be acceptable, the Project Documentation Deposit will be refunded to the Developer. If the As- Built Drawings are considered unacceptable, they will be returned to the Developer for correction and resubmitted. B. If the corrected As-Built Drawings have not been resubmitted to the District after 60 days, the District will correct the As-Built Drawings as necessary to conform to this Policy. All costs incurred by the District to perform such work will be deducted from the Project Documentation Deposit and the remainder will be refunded to the Developer. The District may utilize either District personnel or outside contractors to complete the As-Built Drawings. The determination of which party is to perform such work shall be at the sole discretion of the District. In the event that the Developer fails to submit As-Built drawings within 60 days of acceptance of the facilities by the District, the District will proceed with development of the As-Built Drawings. Such failure to submit As-Built Drawings shall result in the forfeiture of the entire Project Documentation Deposit, whether or not the Deposit is sufficient to complete development of the As-Built Drawings. 3/ 13 TDPUD As-Built Policy ..I ..J 4 I;�I�`��,VVIl' G �.'I .0 r" .l 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 12- 2003 compatible(.DWG, .DXF) B. Files shall be submitted on portable media such as ZIP disk, CD-ROM, or DVD. 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. 4/ 13 TDPUD As-Built Policy Lagoon I- Y RI €C; (-',ONVF-,,N'TION All digital data delivered in AutoCAD format, must meet the following layer convention. As- built features not adhering to these conventions will result in the immediate rejection of As- built submittals. Land Information R-EXIST_PARCEL All existing parcel boundaries within the vicinity of the project under development. R-NEW_PARCEL All new surveyed parcel boundaries within the vicinity 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_RW All existing edge of right-of-way within the vicinity of the project under development. The edge of right-of-way for both public and private roads shall be indicated. R-NEW_RW All new edge of right-of-way to be constructed as part of the project under development. The edge of right-of-way for both public and private roads shall be indicated. 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"nevi' layer. R-EXIST_EOP All existing edge of pavement, within the vicinity of the project under development. The edge of pavement for both public, private roads, driveways, sidewalks, and concrete pads shall be indicated. R-NEW_EOP All new edge of pavement to be constructed as part of the project under development. The edge of pavement for both public, private roads, driveways, sidewalks, and concrete pads shall be indicated.. 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_BUILDING All existing building footprints within the vicinity of the project under development that will remain after construction is completed. R-NEW_BUILDING All new buildings to be finished construction at the completion of the project development. If buildings will be built at a later date than that the project, and building location is not known, these building outlines will not be required. Any existing features from discovery that are a) 5/ 13 TDPUD As-Built Policy Gi Pu6 ", 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_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_OBSTACLE 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 6/ 13 TDPUD As-Built Policy " All new control points created in the development of the project. Electric Facilities E-NEW_PR13PH All new underground primary 3-phase circuits to be constructed as part of the project. Any existing features from discovery that are a) within confines of the project, and are y incorrect ew" lay based on new survey information will be recreated as a new feature on the"ner. E-EXIST_PRi3PH All existing underground primary 3-phase circuits. E-NEW_PRI1 PH All new underground primary single-phase circuits to be constructed as part of the project. 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. For 14.4 kV projects, 2 Phase Primary may reside on this layer. E-EXIST_PRI l PH All existing underground primary single-phase circuit. For 14.4 kV projects, 2 Phase Primary may reside on this layer. E-NEW_SEC All new underground secondary distribution to be constructed as part of the project. For the purposes of As-Built Drawings only, the secondary is considered all wire from the transformer to the point of termination. The depiction of secondary 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. E-EXIST_SEC All existing underground secondary distribution. E-NEW VAULT All new vaults, boxes, manholes and other similar underground structures. Different types of underground structures should be described by use of text or different block configurations. 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. E-EXIST_VAULT All existing vaults, boxes, manholes and other similar underground structures. E-NEW_SYSTEM All new transformers, switches, risers and similar network equipment. 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. 7/ 13 TDPUD As-Built Policy E-EXIST_SYSTEM All existing transformers, switches, risers and similar structures. Communication Facilities C-NEW_COMM communication conduit and cable be constructed as part of the project. All new underground fines of the project, and are b) Any existing features from discovery that are a) within con incorrect based on new survey information will be recreated as a new feature on the "new" layer. C-EXIST_COMM All existing underground communication conduit and cable. C-NEW_VAULT All new vaults, boxes, manholes and other similar underground structures. Different types of underground structures should be described by use of text or different block configurations. 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. C-EXIST_VAULT All existing vaults, boxes, manholes and other similar underground structures. C-NEW_SYSTEM All new taps, splitters, risers and similar network equipment. 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. C-EXIST_SYSTEM All new taps, splitters, risers and similar network equipment. 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. 8/ 13 TDPUD As-Built Policy 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"nevi' 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. W-NEW_VALVE All new main line water valves to be constructed as part of the project under development. Valves shall also include blow-offs, air-release valves, vacuum release valves and pressure reducing valves. Different types of valves should be described by use of text or different block configurations. 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_VALVE All existing main line water valves within the vicinity of the project under development. W-NEW_FITTING All new main line fittings to be constructed as part of the project under development. Fittings shall include tees, elbows, crosses and hydrants. Different types of fittings should be described by use of text or different block configurations. 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. 9/ 13 TDPUD As-Built Policy GO` PL,bli UUHY Distlict—Ii W-EXIST_FITTING All existing main line fittings within the vicinity of the project under development. W-NEW_OTHER All other water system facilities not given above to be constructed as part of the project shall be located on this 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_OTHER All other existing water system facilities not given above shall be located on this layer. Sanitation FacilitieS S-NEW_PIPE All new sewer mains to be constructed as part of the project under development. Manholes and other appurtenances shall be depicted on separate layers as noted below. S-EXIST_PIPE All existing sewer mains within the vicinity of the project under development. Such mains may or may not be a point of connection for new piping to be constructed. S-NEW_LATERAL All new sewer laterals to be constructed as part of the project under development. The depiction of laterals may be stopped where they enter a structure. S-EXIST_LATERAL All existing sewer laterals 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. 10/ 13 TDPUD As-Built Policy " 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 following text is required on all as-built drawings depicting the following utilities: Land—road names, lot ID, building#, Electric- size, material and type of all new electric system facilities including conduit, vaults, boxes, service panels and meter panels, Communication: size, material and type of all new communicaiton system facilities including conduit, vaults, boxes, and service panels, Water-size, material, lining and coating of all new water system facilities, 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) [)A i_M POI.ICY Datum policy is for electronic submittals only. As-Built drawings shall be referenced to at least three points on the drawing that have noted horizontal and vertical datum information. These three points may be existing control, new control, or parcel corners. As long as the drawing has a 1:1 relationship with these three points, the remainder of the drawing can be in a project coordinate system. The District will use these three points for location and rotation of the project coordinates at a later date. Currently, the District has a network of control in the required datum, and is available upon request. Other control exists, with a NGVD 29 vertical datum, which may be used, but conversion to NGVD 88 will be required. Horizontal Datum The coordinate system for all as-built drawings shall be California State Plane Coordinates, NAD 83 Zone 2 in US Survey feet. Vertical Datum All elevations shall be referenced to the NGVD 88 datum with elevations given in US Survey feet. Accuracy District discovery information, with the exception of control, has an estimated accuracy of 6" to 18" for 98% of its data. Thus the district would require no greater accuracy for As-Built submittals. Control discovery information is to be survey accurate. 11 / 13 TDPUD As-Built Policy '; 4 The District is looking for accurate enough information to a) relocated buried facilities and b) incorporate the as-built information into the District's geographic information system. All new land survey information (parcel meets & bounds, control, topographic information) within the submitted as-built shall be accompanied with metadata, describing the following: Surveyor Name Survey Company Date Surveyed Control Reference Used (Control ID,Type, Coordinate Datum) Control Type (PK nail, Brass Marker, etc) 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 g 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 12/ 13 TDPUD As-Built Policy '; 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. GIS COORDINATOR WATER ENGINEER ENGINEER Joe Horvath Ian Fitzgerald Neil Kaufman 530-582-3969 530-582-3952 530-582-3950 13/ 13 TDPUD As-Built Policy .. TRUCKEE DONNER PUBLIC UTILITY DISTRICT DEVELOPMENT AGREEMENT EXHIBITS Exhibit# 1 (Application for Construction) [On following pages] Exhibit#1 Electric For District Use OnIY ITRUCKEE DONNER�� Billable ❑ Develo ment A regiment ❑ TL Water For District Use Only Billable ❑ Develo ment A reement ❑ Deleted:¶ ,APPLICATION FOR CONSTRUCTION DEVELOPMENT AGREEMENT IDate Submitted: Submitted B Name of Project: Former Project Name(s): Assessor's Parcel Number(s): Old Assessor's Parcel Number(s)if applicable: Site Address: Name of Owner(s)of record: Names of ALL Development Partners,Corporations,Interested Parties: Deleted:billings I Project Manager/Partner(to whom corresyondence will be sent): Name: Address: Phone: Fax: Email(if available) Brief Descriytion of the Project: Page 1 of 12 Revised 5/29/08 Exhibit# 1 Financially Responsible Party (to whom billings will be sent : Name: Address: Phone: Fax: Email if available Project Representatives: I authorize the following LeVresentatives to execute this project on my behalf Electrical Engineer: Telephone No.: Company: Address: Civil Engine--* Telephone No.: Company: Address: IConstruction Manager Telephone No.: Company: Address: Page 2 of 12 Revised 5/29/08 Exhibit# 1 Name: Telephone No.: Company: Address: The Developer and/or Owner acknowledge that the preparation of an agreement to provide service to this project will be based upon the information contained within this application and documents provided by the Developer. The Developer agrees to place a deposit with the District in the amount of$1,000.00 per utility to begin the development process. Charges against this deposit will include,but are not limited to the following: Meetings with Developer or Project Representative, Legal and/or Engineering Consultant expenses Design of Electrical System Line Deleted:Review Extension to serve the proiect review and/or preparation of easements,agreements or Deleted:Telephone other documents, elenhone conversations with Developer or Project Representative, Deleted:Copies c ies of District Standards,_and klueprints ----- Deleted:Blueprints The Developer and/or Owner will be responsible for the payment of all expenses incurred in the review/desio process. If the expenses exceed the deposit,the Developer agrees to pay invoices for all additional work preformed,upon receipt. The Developer will only be charged for those expenses related to the project. If the Developer fails to pay such expenses on a timely basis,the District may decline to provide service or may terminate service. Any excess deposit will be refunded to the Developer. I agree to the terms and conditions herein stated. Developer(Printed Name) Developer(Signature) Date Owner(Printed Name) Owner(Signature) Date Page 3 of 12 Revised 5/29/08 Exhibit# 1 nvPrall Proiect Characteristics Commercial ElResidential ❑a) Single Structure El a)Single Structure ❑ b)Multiple Structures ❑ b)Multiple Structures Total number of structures: Total number of land parcels: Assessor's Parcel Numbers: a) b) c) d) e) fl Please indicate type and quantity of each structure or facility planned, such as: major store,shops,residential,recreation,apartments,condominiums,etc. Asa part of this Iproject,if structures/facilities are to be constructed at a future time lease indicate. Number Type Structure: Has this project complied with all California Environmental Quality Act requirements? Yes ❑ No ❑ If yes,please provide relevant documents. Name of Lead Agency: If no,please explain: Please complete a"Project Electric Requirements"and a"Project Water Requirements" page for each structure listed above. Page 4 of 12 Revised 5/29/08 Exhibit# 1 PROJECT ELECTRIC REQUIREMENTS (Each structure requires a separate page) Structure Name/Number: Number of units in structure: Size of main service disconnect and/or panelboard: amps voltage and phase(see list below) Will the structure be served by: Single meter: ❑ Multiple meters: ❑ Number of Meters: House Meters: Size and quantity of individual services: ❑ d)400 amp El 1000 amp ❑ a) 100 amp ❑ b)200 amp ❑ e)600 amp ❑ h) amp c)300 amp ❑ f)800 amp ❑ i) amp ❑ Meter Information: ❑ 120/208 volts,4 wire,3 Ph ❑ 120/240 volts,3 wire, 1 Ph ❑ 1 ❑ 277/480 volts,4 wire,3 Ph 20/208 volts,3 wire, 1 Ph 120/208 volts,3 wire,2 Ph Network ❑ Load Information: 1 Phase 3 Phase General Load KW Lighting Load KW Motor Load KW(HP) HVAC Load KW Other KW Totals KW • peleted:If available,please provide -- copies of detailed load calculations qackn dia rams detailed load calculations and panel schedules are required for each structure p including one-line diagrams and/or sin le-famil residential unless otherwise determined b the Distr>ct. Developer anelboard schedules with load ed es that electricaldesi n ma take u to 8 weeks from recei t of a lication and all nformation. drawin s/information listed above. Submitted by: Date: Page 5of12 Revised 5/29/08 Exhibit# I PROJECT WATER REQUIREMENTS (Circle the appropriate selection or enter the specific information) RESIDENTIAL USES Will project include residential units? Yes No ❑ ❑ Number of residential units: Will ownership of units be maintained as? Individual owners ❑ Single owner❑ of all units Yes No Will single family detached residential units ❑ ❑ be limited through deed restrictions to square footages of 3600 or less Maximum demand for individual residential gallons per minute(gpm) Units Type of metering: Master Individual Master meter size: 5/8"x 3/4" - 3/4" — 1" — 1-1/2" — 2" ---gallons per minute(gpm) NON-RESIDENTIAL USES ❑ No ❑ Will project include non-residential units? Yes Number of non-residential units: Will ownership of units be maintained as? Individual owners Single owner❑ ❑ of all units Maximum demand for individual non- gallons per minute(gpm) Residential units (provide a separate sheet for multiple units) Type of metering: Master Individual Master meter size: 5/8"x 3/4" - 3/4" — 1" — 1-1/2" — 2" LANDSCAPE IRRIGATION SYSTEMS ❑ Will project have a landscape irrigation system? Yes❑ No Maximum demand for the irrigation system: —gallons gallons per minute (gpm) Irrigation system to be served from separate meter: Yes ❑ No ❑ Page 6 of 12 Revised 5/29/08 Exhibit# 1 FIRE SPRINKLER SYSTEMS Will project have a fire sprinkler system? Yes No❑ ❑ Maximum demand for the fire sprinkler system: gallons per minute (gpm) FIRE HYDRANT SYSTEMS (as determined by the TRUCKEE FIRE PROTECTION DISTRICT) gallons per minute Maximum fire flow (gpm) minutes Duration of fire flow -- Date: Submitted by: Deleted:Depending on the project, I plans and specifications may need to go to the State Health Department for approval. District staff will determine whether this step is required and complete the information below.¶ Deleted:¶ Truckee Donner Public Utility District Staff only¶ Will Plans and Specifications need reviewlapproval by State Health Department?¶ <sp><sp>1I Yes. ..No¶ 11 T.D.P.U.D.Staff Signature: Date: ¶ 1 Page 7of12 Revised 5/29/08 Exhibit#1 REVIEW AND DETERMINATION Q IMENTS FORW/CROSS CONNECTION NEW CONSTRUCTIONR AND REMODEL/CONVERSION P New construction projects as well as remodel conversion projects require District review of potential cross connection hazards.At the time service requests or development applications are submitted to the District,the applicant should initiate the review process by contacting Paul Rose,District Cross-Connection Specialist,at 530-582-3926. Design and inclusion of backflow equipment is an often overlooked requirement of construction projects.Lack of planning for these necessary pater system construction can result in significant additional costs and lengthy delays in project acceptance. The District's project review addresses: • Identification of potential hazards and contaminants. • Determination of appropriate types of cross connection equipment. • Confirmation of approved equipment manufacturers. • Location of equipment installations. • Compliance with aspects of the Uniform Plumbing Code. • Compliance with testing/certification requirements. Applicants are encouraged to familiarize themselves with the District's code sections related to backflow and cross connection(Title 6-Chapter 6.56). By signing below,the applicant acknowledges that they have read and they understand the review and determination process and the subsequent District backflow/cross connection requirements. Date: Applicants Signature: Page 8 of 12 Revised 5/29/08 Exhibit# 1 California Assembl Bill 1881 Com liance Statement !PI FA 6 PRIN'rl Proiec_ tie APN: Address: Project Description: Developer/Owner's Statement (CHECK ONLY ONE BOXI r projects 5 000 square feet or more Of irrigated landscape. as less than 5 000 sauare feet of irr+oared landscape. atureme(PRINK Mailing Address Phon Number To view the California Assembly Bill No. 1881 o to our website at www.td ud.or . Click on the Forms Tab and then the Construction Forms&Information Tab Page 9 of 12 Revised 5/29/08 Exhibit# 1 Truckee Donner Public Utility District CONTRACTING FIRM DATA SHEET Electric Name of Development: Name of Developer: Telephone Number: Name of Contractor: Mailing Address: Telephone Number: Contact Person: California Contractor's License Number: CONSTRUCTION SCHEDULING Estimated date construction to commence: Estimated date construction to complete: Please provide any information that may be beneficial to the District relative to the construction scheduling: Page 10 of 12 Revised 5/29/08 Exhibit# 1 CONTRACTING FIRM DATA SHEET Water Name of Development: Name of Developer: Telephone Number: Name of Contractor: Mailing Address: Telephone Number: Contact Person: California Contractor's License Number: CONSTRUCTION SCHEDULING Estimated date construction to commence: Estimated date construction to complete: Please provide any information that may be beneficial to the District relative to the construction scheduling: Page 11 of 12 Revised 5/29/08 Exhibit# 1 Truckee Donner Public Utility District REQUEST FOR STATEMENT OF SERVICE AVAILABILITY Assessor's Parcel Number(s): Name of Project: Developer: Mailing Address: Project Site Address: Telephone Number: Fax Number: Brief Project Description: PLEASE SEND LETTER OF SERVICE AVAILABILITY TO: Name: Company: Address: Telephone Number: Fax Number: Routing Date Initials Date Signed Mike Connell Neil Kaufman Ed Taylor Page 12 of 12 Revised 5/29/08 Page 7:[i]Deleted Sara Owens 5/1/20081:56,00 PM TT1&,,,Donner public ty.District Stiff oWy, W i11.Phis and Specificati€ns n reviewapdva by. tate Health'Departirnent? e .. N' o TD.P.ITD. Staffry Si aturo: Date' Project Ivepreseritative Notified? Date: T.D.P Ukb. Staff Sign ature: Exhibit# 2 (Example of a Will Serve Letter) [On following page] Exhibit#2 t%aMPIe Date Owner Address city, State Zip Dear Owner: Subject:Assessor's Parcel No. Site Address: (Development) The above referenced parcel is within the boundaries of Truckee Donner Public Utility District's electric and/or water service territory. The Owner/Developer will be required to comply with District rules and regulations for the subject project. An agreement for the modification of facilities may be necessary. The scope of modifications required and the associated costs will be determined following review of specific project information. Once the District's conditions have been met, electric and/or water service will be provided. Sincerely, District Representative Title pe%ted; planner c: Electrical EnQineei.TDPUD Water planner,TDPUD Exhibit# 3 (Application for Residential New Construction) [On following page] EXHIBIT #3 For District Use Only TRUCKEE DONNER PUBLIC UTILITY DISTRICT Plans TPP PO BOX 309 TRUCKEE,CA 96160 O/x U/G (530)587-3896 FAX (530)587-5056 APPLICATION FOR RESIDENTIAL NEW CONSTRUCTION SERVICE ADDRESS Assessor's Parcel Number Unit/lot# Subdivision Street No.&Name Phone# Building Permit# OWNER/CONTRACTOR NAME Phone# Applicant Name City State Zip Code Mailing Address Tax I.D.# Date of Birth Owners Social Security# Celi Phone# Email Address Checking Account# Savings Account# Bank Name/Location Please indicate: Spouse Co-Tenant Co-Signer Co-Owner Phone# Applicant Name City State Zip Code Mailing Address Social Security# Driver's License# Date of Birth Phone# Owners Nearest Relative's Name&Address Notes: THIRD PARTY PROTECTION PLAN You m thirdandrthe Di t notified o the eventpossible peson to be hatwe are unable to each you. - Yes,see below.mination of your utility servie. The third party No is not responsible for the bill,but acts as a contact between you Designation. PHONE NUMBER THIRD PARTY NAME MAILING ADDRESS City State Zip Code P.O. Box/Street No.&Name resolutions,e by the and l hereby request electric and/or water services to the either premises fly or indirectlydescr under the above above and agree tname or ano pay the ypottherinameSin whi h and darrangemts f paymordent in full have not been made. of the District. (owe no monies to the District conditions or circumstances 1 agr�that the District is not responsible f from the Districts pl er or wiriresulting from g o plumbing on the premises of owned b control including, District or forot limit to, damagee caused by or resin ng tlaxls,fees,vandalism,discontinuance of power from disconnection of services for any legal reason. name. I understand that I am responsible for aUpon termination of service,the ll utility bills until such time as I notify the District to discos min gs mare commenced to collect anypard charges,1 agree to pay District will return any deposit less the amount of any charge remaining unpaid.In the event that collection disc all cant costs and a fair and reasonable attorney's furnished, the customer m District isrepres the esents het conditions forrefuse rwh h servicce or to e isbeing tinue rquested anyce to customer f it is leamted t any time a that the transfer of accepted and required information s service has been requested in order to avoid payment of outstanding charges on the above account. should be drained to prevent damage to your property. The District accepts no liability important: At any time when freezing weather may occur,all water pipes and appliances for such damage when its service to your property has been disconnected for any legal reason. DATE AUTHORIZED BY Title ELECTRIC FEES: OTHER DATE PAID CONNECTION FACILITIES(KW) LINE EXTENSION AMPS WATER FEES: — DATE PAID CONNECTION FACILITIES LINE EXTENSION TAP/RDXING OTHER Exhibit#4 (Application for Commercial New Construction) [On following page] EXHIBIT #4 For District Use Only TRUCKEE DONNE09 TR CIKEETCAITY 96160ISTRICT Plans TPP PO BOX o/x (530)587-3896 FAX(530)587-5056 APPLICAON FOR COMMERCIAL NEW CONSTRUCTION TI SERVICE ADDRESS Assessor's Parcel Number Unit/lot# Subdivision Street No.&Name Phone# Building Permit# OWNER/CONTRACTOR NAME Phone# Business Name Owners Social Security# Tax I.D.#Mailing Address State Zip Code City Cell Phone# Email Address Individual Partnership Corporation Type of business: Checking Account# Savings Account# Bank Name/Location Title Phone# Names of owners or Officers City State Zip Code Mailing Address Title Phone# Name State Zip Code Mailing Address Title Phone# Name City State Zip Code Mailing Address Phone# Owner's Nearest Relative's Name&Address our THIRD PARTY PROTECTION PLAN You may bchoose a etween third and thn to e District enotified the event tore hat arssible termination unable t of each you.tty SYesc see el below. party No is not responsible for the bill, but acts as a contact Y Designation. PHONE NUMBER THIRD PARTY NAME MAILING ADDRESS City State Zip Code P.O. Box/Street No.&Name resolutions,and abide by the ment in full have not been made. I hereby request electric and/or water serves ether d�tl od d betdy uunnder the abo tname or any othercablname in whi h arrangements for pay ordinances, rules and regulations of the District. 1 owe no monies to the Districtnistan es I agree that the District is not imited responsible f caused e Distnctsas supplier or resulting wiring conditions of circu c on the premises not owned b the Dstricct orufor dt notamage caused by a resulting fly,f�,vandalism,discontinuance of power termination of service,the from disconnection of services for any legal reason. to discontinue u _ I understand that I am responsible for ouall �Ty barge remaining un bills until such paid.d as IIn the event notify the�rtolcollection proceedings are commenced to collet any unpaid charges,I agree to pay District will return any deposit less the am Y refuse s are not all ourt costs and a fair and reasonable t turn shy a thTh Dromert r iserves t e r Chet conditions fortwhich service nis discontinue service requested any if iom�if all t aney time that the orrtransfer of accepted and required information is o service has been requested in order to avoid payment of outstanding charges on the above account. Important: At any time when freezing weather may occur,all water pipes and appliances should be drained to pre ent damage to your property. v The District accepts no liability for such damage when its service to your property has been disconnected for any legal reason. AUTHORIZED BY Title DATE ELECTRIC FEES: OTHER DATE PAID CONNECTION FACILITIES(KW) LINE EXTENSION AMPS WATER FEES: — DATE PAID CONNECTION FACILITIES LINE EXTENSION TAP/RDXING OTHER lication For � q sPttinas\Barbara\Local Settings\Temporary Internet Fi1es\OLK9\App Exhibit# 5a (Example of an Electric Development Agreement) [On following pages] Exhibit#5a ELECTRIC DEVELOPMENT AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND OWNER/DEVELOPER NAME APN NUMBER 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 OWNER/DEVELOPER NAME,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(s)APN NUMBER on which Developer intends to construct PROJECT DESCRIPTION,hereafter referred to as the"Project." oject in B. Developer intens construct a complete electric distribution system for the with the apprroved plans and specifications.Such system shall hereafter be referred accordance rreferred to as the"electric distribution system" C. N/A m is a necessary part of the Project,and Developer has requested D. The electric distribution syste that the District accept the system by including it within the District's existing integrated system. mpletion,the District thereafter own, operate, Developer has further requested that, upon co maintain,repair,and replace the electric distribution system as necessary. If the total value of the roe ctso n-site im rovements bein installed b the Develo er to be conve ed to the District for ownershi o eration and maintenance exceeds 200 000 the Develo mnt e A regiment will be brou ht to District's Board of Directors for review. The total value will be calculated by the engineer of record. E. The District is willing to accerl specifications b tion system and tepmslding it of thisls properly Agreement constructed in accordance with the approved plans 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 portion of this Project.The names of the contracting firms, contact persons, mailing addresses, telephone numbers, on and a schedule dCalifornia ates have been inocludfednon data sheets insurance c entitled Contractoverage or orr Firm Data Sheets,oand are rontion file in the District's Electric Department, Page 1 of 8 Exhibit#5a H. The following items are on file in the District office and incorporated herein by reference: • Development agreement application • Contracting firm data sheet-electric • Project parcel map • Site and Improvement plans-electric • Estimated costs and calculation of fees-electric • Improvements by and Responsibilities of Developer-electric • Improvements by and Responsibilities of District-electric • Project documentation policy The parties agree as follows: 1. Payment of Costs and Fees. The District has prepared an estimate of its costs for materials, labor,consultants,and legal expenses that the District expects to expend for administrative, design, inspection, and actual construction (hereafter collectively referred to as the "construction costs"). Upon start of construction, Developer shall deposit with the District amounts that shall be applied to the actual construction costs incurred by the District.If the actual cost exceeds the amount deposited,Developer shall pay such excess within thirty(30) days of receipt of the District's invoice.If the actual cost is less than the of the date ofunt un deposited, D elete d:thirty the District shall refund the difference within ix (�0) y acceptance of the electric distribution system.Upon execution of this Agreement,Developer shall also pay to the District the fees set forth in the estimated construction costs and calculation of fees. 2. NIA 3. NIA 4. Provision of Easements- Permission to Enter Land. Developer will execute a temporary blanket easement granting the right to do all things necessary for the construction of the electric facilities including, but not limited to, a right to ingress and egress, a right to temporarily store equipment and materials, to excavate, to drive vehicles over, to place markers on,to survey,to inspect and repair,and to remove rocks,boulders,trees and plant life in the course of excavation or re-excavation.The temporary easement will be abandoned upon receipt by the District of a permanent easement for the maintenance and repair of the electric distribution system. 5. Provision of Insurance - Upon execution of this agreement, Developer shall provide the District with satisfactory evidence of an insurance policy written upon a form and by a company which meets with the approval of the District, insuring the District, its officers, agents and employees against loss or liability which may arise during the construction, or which may result from any of the work or construction herein required to be done,including all costs of defending any claims arising as a result thereof.The minimum limits of such policy shall be in the amount of$1,000,000 for the death of or injury to any person in any one accident and $1,000,000 for the death of or injury to more than one person in any one accident and$500,000 for property damage in any one accident.Such policy shall be written in favor of Developer or its general contractor and subcontractors and also in favor of the District, its officers, agents and employees and shall be maintained in full force and effect until the electric distribution system are unconditionally accepted by the District. Such insurance policy shall state by its terms or by an endorsement that it shall not b$canceled Page 2 Exhibit#5a without thirty(30)days prior written notice to the District. g, indemnificabon by Develo er. Developer shall indemnify, defend and save harmless the mployees,and each of them,of and from any and all claims, District,its officers,agents and e 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 b 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 attachment entitled Improvements by and Responsibilities of Developer. 8. Im rovements b and Res onsibilities of District. The District shall assign a Proiect I Administrator to oversee the Proiect. The District shall perform electric distribution system improvements at Developers 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. g C onstruction lnspection.The District shall inspect the construction from time to time,in der 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 Reauired. 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 Page 3 of 8 Exhibit#5a repairs a rs will lbescoord Hated by District and c the District.Emergency charged to the Developer. rary occupancy 12. No_Early Use of Project. Developer shall not request or obtain a tempo permit,final inspection approval,nor shall Developer use,or permit anyone else to use,any portion of the electric distribution system on the b Project, t,no District, D strict has geveloper use orpa mit anyone else to use any electric service:supplied Y Conditional Acceptance in writing. Developer may, however, with the District's written permission and prior to conditional acceptance, use electricity for metered construction purposes. The District shall be entitled to terminate,without notice, any electric usage by Developer or any other person,other than that required for construction purposes,occurring prior to unconditional acceptance by the District of the entire electric distribution system. 13. r�n,n�ation of the Svstem. Construction shall be deemed complete when the District determines that the electric distribution system has been entirely finished,properly tested, and ready to service the Project in accordance with the Districts Rules and Regulations and qualifies for Unconditional Acceptance. 14. Conditional Acceptance. When the District has determined that the electric distribution system has been completed, the District may conditionally accept the system and may provide electric service,on a conditional basis,to the Project. Conditional service shall be provided to enable Developer to use the Project while Developer is in the process of providing to the District those items specified in the paragraph entitled'Requirements for Unconditional Acceptance." Any conditional acceptance shall be in writing from the District General Manager. If at any time the District,in its sole discretion,determines that Developer is not making adequate progress toward providing the District with the required items or is delinquent in not paying for metered electric services,then the District may,after providing thirty(30)days prior written notice,discontinue conditional electric service to the Project. Any electric service provided by the District prior to unconditional acceptance of the electric distribution system shall be deemed conditional service. 15. Reouirements for Unconditional Acceptance. Within thirty(30) days after completion as determined by the District, Developer shall fully comply with all steps set forth below, and upon such full compliance,the District shall unconditionally accept the electric distribution system. a. Developer shall execute an offer of dedication for the electric distribution system to the District in a form satisfactory to the District,without cost,free,and clear of all liens and encumbrances. b. Developer shall certify that the project was constructed with approved materials and in compliance with the development agreement and the approved plans,except as noted on the project documentation drawings. C. Developer shall provide the District with project documentation drawings in compliance with District policy(see attached). d. Developer shall provide the District with the appropriate permanent easements. e. Developer shall provide the District with a copy of the"final map"for the project. Page 4 of 8 Exhibit#5a f. NIA g. Developer shall provide the District with a statement of the"as-built'dollar value of the Iinstalled electric distribution system with documentation to substantiate the stated value. h. Developer shall pay any outstanding costs and fees. If the actual costs exceed the amount de osited with the District a funds transfer a reement can be executed to transfer an v remairnn deposits that may be in the Water Development Agreement(if a livable to cover the amount due in the Electric Develo ment A reement 16. Responsibilities After Unconditional Acceptance. Prior to unconditional acceptance of the electric distribution system by the District,Developer shall be responsible for all maintenance 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, completion of any permit requirements and payment of all appropriate fees and charges, in accordance with California law Town of Truckee,County of Nevada requirements 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: COMPANY ADDRESS CITY,STATE,ZIP TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee,Ca 96160 18. Successors and Asians. 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, n the Project without limitation,creation of service zones and rate differentials applicable withiarea that may not be applicable elsewhere,at its discretion. 20. aSeverability. 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. Attomevs'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 Page 5 of 8 Exhibit#5a party reasonable attorneys'fees and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. rement contains the re agreement of the parties and 22. Entire entfigro al ag eements between)them concerning the subject matter supersedes an Y Por written o 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. Dis ute Resolution. If at an time durin the Develo ment A reement rocess issues arise that need resolution the Develo er should submit a written request to the Project Administrator in uestion. Such re uest shall state all of the res onsible for the project onse within 10 business da s from recei t items of concern. The Develo er can ex ect a res of re guest..If no resolution is reached the Developer can request a meetingwith the District's General Manager. If still no resolution is reached the Developer can request a meetingbefore the Board to resolve the issue. Staff shall a endize the item before the Board for the next scheduled re lar Board meetin . Scheduling shall be consistent with the Brown Act and must occur with at least 72 hours prior notice.Onlyafter this rocess is exhausted without resolution of the dis Ate ma the parties roceed to litigation. If either party commences a court action a ainst the other based on a dis ute or claim to which this Varagoph gpplies without first corn 1 'n with the provisions of this ara h the commencin the court action shall not be entitled to recover attorne 's fees even if the would otherwise be available in such court action. 24. 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 Icourts in the Su:)erior Court in and for maintain o the Federal Court for the Eastern District of California. C the County of Nevada, 25. Captions. The captions and headings of the different paragraphs of this Agreement are inserted for convenience of reference only,and are not to be taken as part of this Agreement or to control or affect the meaning,construction,or effect of the same. party greement agrees to perform any further acts and 26. Neccute and deliver any further Eacht documents that may be reasonably necessary to cant'out the exe provisions of this Agreement. 27. No Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement,nor shall it be considered as a waiver by such party of any other covenant, condition or promise. The delay in pursuing any remedy or insisting upon full pearl from later pursuing remedies or insisting uponll p rr any breach orfailure of any covenant,fulerforman a for on or promise shall not prevent a party the same or any similar breach or failure. 28. Govern a`^� This Agreement shall be governed by and construed in accordance with the oeiecea: nny and au disPufes wm laws of the State of California, ne fled and Sensed wltnin me jurisdiction of Nevada County. Page 6 of 8 Exhibit#5a This Agreement shall be binding upon the parties only when signed by all parties. The District representative shall not sign this Agreement until Developer has provided all costs,fees and items required to be provided by Developer"upon execution of this Agreement." Dated: Owner/Developer Name Dated: Michael D.Holley, P.E.,General Manager ITruckee Donner Public Utility District Dated: President of the Board(if applicable) Truckee Donner Public Utility Distnct Page 7 of 8 Exhibit#5a Estimated Costs and Calculation of Fees (Planners and Engineers will provide a spreadsheet of estimated costs and calculation of fees) Improvements By and Responsibilities of Developer Electric Planner and/or Engineer will provide this list of improvements on the design drawings. Improvements by and Responsibilities of District Electric Planner and/or Engineer drawings.provide this list of improvements on the design Page 8 of 8 Exhibit# 5b (Example of a Water Development Agreement) [On following pages] Exhibit#5b WATER DEVELOPMENT AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND PROJECT OWNER/DEVELOPER APN PROJECT 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 OWNER/DEVELOPER, 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 on which Developer intends to construct a"PROJECT DESCRIPTION",hereafter referred to as the "Project." B. Developer intends to construct a complete water distribution system for the Project for domestic and fire protection use,landscape irrigation 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." C. 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. If the total value of the projects on-site improvements being installed by the Developer to be conveyed to the District for ownership, operation and maintenance exceeds $200,000, the Development Agreement will be brought to District's Board of Directors for review. The total value will be calculated by the engineer of record. D. 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. E. 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. F. 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,California Contractor license,insurance coverage verification and a schedule of construction dates have been included on data sheets entitled Contractor Firm Data 1 Exhibit#5b Sheets,and are on file in the District's Water Department. G. The following items are on file in the District office and incorporated herein by reference: • Development Agreement application • Contractor firm data sheet—water • Temporary Blanket Public Utility Easement • Proof of Insurance • Project parcel map • Site and improvement plans-water • Estimated costs and calculation of fees—water • Improvements by and Responsibilities of Developer—water • Improvements by and Responsibilities of District—water • Project documentation policy THE PARTIES AGREE AS FOLLOWS: 1. Payment of Costs and Fees. The District has prepared an estimate of its costs for materials, labor, consultants, and legal expenses that the District expects to expend for administrative, design,inspection,and actual construction(hereafter collectively referred to as the"construction costs").Upon start of construction,Developer shall deposit with the District amounts that shall be applied to the actual construction costs incurred bythe District.If the actual cost exceeds the amount deposited, Developer shall pay such excess within thirty(30) days of receipt of the District's invoice.If the actual cost is less than the amount deposited,the District shall refund the difference withi six (L0 days of the date of Unconditional Acceptance of the water distribution Deleted: thirty system.Upon execution of this Agreement,Developer shall also pay to the District the fees set Deleted:30 forth in the estimated construction costs and calculation of water fees.At the time water service is requested and construction of buildings or other facilities requiring water service are initiated, the payment of facilities and connection fees will be required. Facilities and connection fees paid will be at the rate in effect at the time service is requested. 2. Provision of Easements-Permission to Enter Land.Developer will execute a temporary blanket easement granting the right to do all things necessary for the construction of the water facilities including,but not limited to,a right to ingress and egress,a right to temporarily store equipment and materials,to excavate,to drive vehicles over,to place markers on,to survey,to inspect and repair, and to remove rocks, boulders, trees and plant life in the course of excavation or re- excavation. The temporary easement will be abandoned upon receipt by the District of a permanent easement for the maintenance and repair of the water distribution system. 3. Provision of Insurance-Upon execution of this agreement,Developer shall provide the District with satisfactory evidence of an insurance policy written upon a form and by a company which meets with the approval of the District,insuring the District,its officers,agents and employees against loss or liability which may arise during the construction,or which may result from any of the work or construction herein required to be done,including all costs of defending any claims arising as a result thereof. The minimum limits of such policy shall be in the amount of $1,000,000 for the death of or injury to any person in any one 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 favorof the District,its officers,agents and employees and shall be maintained in full force and effect until the water distribution system is 2 Exhibit#5b 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. 4. 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. 5. 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. 6. Improvements by and Responsibilities of District. The District shall assign a Project Administrator to oversee the project. 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. 7. 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. 1) 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. 8. Timely Construction Required. Construction of the water distribution system Project shall be completed and Unconditional Acceptance by the District,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 Project within that time, the District may at 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. 9. Developer's W arranty. Developer warrants and guarantees that all labor and materials supplied` 3e pt atted: Tabs:Not at 31.5 pt+ by Developer are of a good and workmanlike quality,free of any defects of any type whatsoever for a period of one(1)year from the date of Unconditional Acceptance by the District.Within the period of this warranty,Developer shall repair or replace,at Developer's expense,any defective 3 Exhibit#5b material orworkmanship.The District shall notify Developerof 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 and acceptance by the District. Emergency repairs will be coordinated by District and charged to the Developer. 10. CONDITIONAL ACCEPTANCE-IF REQUESTED by Developer If developer requests Conditional Acceptance of the project the circumstances outlin below must be complied with prior to issuance of written Conditional Acceptance from the District. A. Provision of Water Service. Upon completion of water distribution system Project construction (including pressure testing and disinfection) the facilities underthis Development Agreement shall remain off, without water services,until either: 1) Conditional Acceptance of the project is issued by the District. or 2) Unconditional Acceptance of the project is issued by the District. Until either of these conditions are met water for domestic and fire protection will not be provided. B. Completion of the System Project shall be deemed complete when the District determines that the water distribution system has been entirely finished,properly tested, and qualifies for Unconditional Acceptance. C. Conditional Acceptance When the District has determined that the water distribution Project has been completed the District may provide water service,on a conditional basis, to the Project Conditional Acceptance will enable Developer to use the Project while Developer is in the process of providing to the District those items specified in the Requirements for Unconditional Acceptance When Developer has fully complied with all steps set forth below, the District will issue in writing Conditionally Acceptance of the water distribution Project. 1) The Developer submits a written request for Conditional Acceptance of the water Project using the District's form(provided upon request). 2) The Developer will arrange for District to conduct a walk through inspection of the Project water system improvements. Developer will be responsible to repair,replace and or correct deficiencies, identified during this inspection. 3) The Developer submits a Conditional Acceptance deposit for all potential water corrections that are within the limits of the water distribution Project in the amount equal to 5% of the project cost or phase cost. The method of calculating these deposits and the amounts required are on file at the District. 4) Developer shall execute an offer of dedication for the water distribution system Proiect to the District in a form satisfactory to the District,without cost. 4 Exhibit#5b free,and clear of all liens and encumbrances. 5) Developer shall provide the District with the appropriate permanent easements. 6) Developer shall provide a copy of the final map,if applicable. 7) Developer shall pay any outstanding costs and fees. If the actual costs exceed the amount deposited with the District, a funds transfer agreement can be executed to transfer any remaining deposits that may be in the Electric Development Agreement(if applicable)to cover the amount due in the Water Development Agreement. 8) The District has determined that the water system has been pressure tested, disinfected successfully passed bacteriological sampling and it is appropriate to activate the water system. 9) The Conditional Acceptance Deposit will be refunded within 60 days of the date District issuance of Unconditional Acceptance of the water system Project_ 11. UNCONDITIONAL ACCEPTANCE REQUIREMENTS A. Project Final Walk Through Inspection Developer acknowledges that a final walk through inspection of all water system improvements is required. Developer is responsible to repair,replace and or correct deficiencies identified during this inspection. B_No Early Use of Project Developer shall not reauest 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 Project, until the District has granted Conditional Acceptance in writing. C. Within thirty(30)days after Project completion as determined by the District,Developer shall comply with all steps set forth below and if Conditional Acceptance was not previously requested and granted prior to final acceptance items A.5 through A.10 under Conditional Acceptance will be required In addition to items A.5 through A.10,Developer shall comply with the following conditions. 1) Developer shall provide the District with Project documentation drawings in compliance with District policy(see attached). 2) Developer shall provide the District with a maintenance bond in a form satisfactory to the District in a sum equal to fifteen percent (15%) of the ultimate construction costs of the water distribution system.This bond shall remain in effect for a period of one (1) year after the date of District Unconditional Acceptance of the water distribution system Project that will protect against any defects or failures in the systems that may develop dudnq that time. 5 Exhibit#5b 3) 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. 4) Prior to Unconditional Acceptance of the water distribution system Project by the District Developer shall be responsible for all maintenance and repair of the water distribution system Project.Upon Unconditional Acceptance of the water distribution system Project 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. 5) Following Unconditional Acceptance of the Project the District shall use its best efforts to provide adequate water service to the Project upon completion of any permit requirements and payment of all appropriate fees and charges in accordance with District Rules and Regulations. 12. Notices. Notices or requests from either party to the other shall be in writing and delivered or mailed,postage prepaid,to the following addresses: COMPANY OWNER/DEVELOPER ADDRESS CITY, STATE, ZIP TRUCKEE DONNER PUBLIC UTILITY DISTRICT Attention:Development Agreement Administration Post Office Box 309 Truckee,California 96160 13. 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. 14. 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. 15. 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. 16. 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 orthe 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. 6 Exhibit#5b 17. 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. 18 Dispute Resolution If at any time during the Development Agreement process issues arise that need resolution the Developer should submit a written request to the Project Administrator responsible for the project in question Such request shall state all of the items of concern. The Developer can expect a response within 10 business days from receipt of request. If no resolution is reached the Developer can request a meeting with the District's General Manager. If still no resolution is reached the Developer can request a meeting before the Board to resolve the issue Staff shall aaendize the item before the Board for the next scheduled regular Board meeting Scheduling shall be consistent with the Brown Act and must occur with at least 72 hours prior notice.Only after this process is exhausted without resolution of the dispute may the parties proceed to litigation. If either party commences a court action against the other based on a dispute or claim to which this paragraph applies without first complying with the provisions of this paragraph the party commencing the court action shall not be entitled to recover attomev's fees even if they would otherwise be available in such court action. 19. Forum. Any litigation to enforce or interpret the provisions of this Agreement or the parties' rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts in the Superior Court in and for the County of Nevada.California or the Federal Court for the Eastern District of California. Deleted:County of Nevada, California. 20. Captions. The captions and headings of the different paragraphs of this Agreement are inserted for convenience of reference only,and are not to be taken as part of this Agreement or to control or affect the meaning,construction,or effect of the same. 21. Necessary Acts. Each party to this Agreement agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 22. No Waiver. The waiver by one party of the performance of any covenant,condition or promise shall not invalidate this Agreement,nor shall it be considered as a waiver by such party of any other covenant,condition or promise. The delay in pursuing any remedy or insisting upon full performance for any breach orfailure of any covenant,condition or promise shall not prevent a party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Deleted:Any and all disputes will be filed and settled within the jurisdiction of Nevada County. 7 Exhibit#5b This Agreement shall be binding upon the parties only when signed by all parties. The District representative shall not sign this Agreement until Developer has provided all costs,fees and items required to be provided by Developer"upon execution of this Agreement." Dated: COMPANY By NAME, OWNER/DEVELOPER Dated: Michael D. Holley, P.E.,General Manager Truckee Donner Public Utility District Dated: President of the Board(if applicable) Truckee Donner Public Utility District 8 Exhibit#5b Estimated Costs Planner will provide for inclusion into Development Agreement Facilities and Connection Fees are due and payable at the time service is requested and building permits are applied for. Improvements by and Responsibilities of Developer Planner will provide for inclusion into Development Agreement Improvements by and Responsibilities of District Planner will provide for inclusion into Development Agreement 9 Exhibit# 6 (Grant Deed for Temporary Blanket Public Utility Easement) [On following pages] Exhibit# 6 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Contract Administrator Post Office Box 309 Truckee, CA 96160 THE UNDERSIGNED DECLARES DOCUMENTARY TRANSFER TAX IS $0 APN GRANT DEED FOR TEMPORARY BLANKET PUBLIC UTILITY EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, , Grantors do hereby grant to the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, Grantee, a temporary blanket public utility easement over portions of APN , located at , in the Town of Truckee, Nevada County, California. The easement granted herein includes the right to do all things necessary for the construction, installation, upgrade, operations, repair, and maintenance of the electric, water, and communication facilities on this easement including, but not limited to, a right of ingress and egress, a right to temporarily store equipment and materials, to excavate, to drive vehicles over, to place markers on, to survey, to inspect and repair and to remove rocks, boulders, trees and plant life in the course of excavation or re-excavation. Date: Owner (Notarized) MAIL TAX STATEMENTS TO: SAME AS ABOVE Exhibit# 7 (Example of an Insurance Policy that meets District requirements) [On following page] EXHIBIT # 7 AC ' CERTIFICATE OF LIABILITY URANCE DATE(MM1OD1YYYY) 0 8 0 2 Y PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InterWest Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Northern Div - License OB01094 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 8110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Chico CA 95973 Phone: 530-895-1010 Fax:530-895-1313 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Fireman's Fund Insurance Co INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OFINSURANCE 'UUPOLICY NUMBER DATEYMWDD/YY PDATE MWIDD/YY N LIMITS EACH OCCURRENCE $ 1,000�000 GENERAL LIABILITY Eu A X X COMMERCIAL GENERAL LIABILITY 07/31/ 07/31/ PREMISES(Ea occurence) $500,000 CLAIMS MADE FX] OCCUR MED EXP(Any one person) $ 5 00 0 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 000 000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO 07/31/ 07/31/ (Ea accident) ALL OWNED AUTOS ! BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS �i� BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY EACH OCCURRENCE $ ZOOOOOO A X OCCUR 1:1 CLAIMS MADE 07/31/ 07/31/ AGGREGATE $ 2000000 DEDUCTIBLE $ RETENTION $O _ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ECUTIVE OFFICERIMEMBER EXCLUDED. E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is named as additional insured EXP CERTIFICATE HOLDER CANCELLATION TRU0 3 0 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Truckee Donner Public Utility DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0* DAYS WRITTEN District NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P.O. Box 309 Truckee CA 96160 REPRESENTATIVES. A !RED EP SENT IVE ACORD 25(2001/08) 0 ACORD CORPORATION 1988 Exhibit# 8 (Grant Deed for Public Utility Easement) [On following pages] Exhibit # 8 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Contract Administrator Post Office Box 309 Truckee, CA 96160 THE UNDERSIGNED DECLARES DOCUMENTARY TRANSFER TAX IS $0 APN GRANT DEED FOR PUBLIC UTILITY EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, , Grantor, does hereby grant to the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, Grantee, a permanent public utility easement over a portion of APN located in the Town of Truckee, Nevada County, California, and further described in Exhibit "A" and Exhibit"B" attached hereto. The easement granted herein includes the right to do all things necessary for the construction, installation, upgrade, operations, repair, and maintenance of water, electric, and communication facilities on this easement including, but not limited to, a right of ingress and egress, a right to temporarily store equipment and materials, to excavate, to drive vehicles over, to place markers on, to survey to inspect and repair and to remove rocks, boulders, trees and plant life in the course of excavation or re-excavation. Date: Owner(Notarized) MAIL TAX STATEMENTS TO: SAME AS ABOVE Exhibit# 9 (Offer of Dedication & Acceptance) [On following pages] Exhibit# 9 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Contract Administrator Post Office Box 309 Truckee, CA 96160 THE UNDERSIGNED DECLARES DOCUMENTARY TRANSFER TAX IS $0 APN OFFER OF DEDICATION AND ACCEPTANCE The undersigned hereby conveys,transfers and dedicates all rights,title and interest in and to those certain electric and water systems and appurtenances more particularly described in the Agreement(s) by and between TRUCKEE DONNER PUBLIC UTILITY DISTRICT and , copies of which are on file in the District office, located in Truckee, California, relating to the improvement and development of Assessor's Parcel Number to: TRUCKEE DONNER PUBLIC UTILITY DISTRICT, assuring and warranting to said District that the systems are free and clear of all liens, encumbrances and other expense. The undersigned has constructed or caused the construction and installation of the electric and water systems and improvements described in said Agreement(s) and does hereby assure and warrant to TRUCKEE DONNER PUBLIC UTILITY DISTRICT that the contractors, subcontractors, employees or agents of Developer has been fully and completely paid and there exists no liens, encumbrances, stop notices or claims on the electric and water system improvement facilities or by any of the subcontractors, employees or agents against the improvement facilities constructed pursuant to the terms of the Agreement(s) or against TRUCKEE DONNER PUBLIC UTILITY DISTRICT. Owner(Notarized) MAIL TAX STATEMENTS TO: SAME AS ABOVE Exhibit# 9 ACCEPTANCE This is to certify that the electric and water system improvements conveyed by this document to the Truckee Donner Public Utility District, a local public agency of the State of California, are hereby accepted by the undersigned on behalf of the District pursuant to authority conferred by Resolution No. 9003 adopted on January 2, 1990. Further, subject to any warranty obligations of developers, District agrees that it shall hereafter own, maintain and repair the electric and water systems described in the agreement(s) referred to above. , General Manager TRUCKEE DONNER PUBLIC UTILITY DISTRICT State of California ) County of ) On , before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Seal) Notary Public Exhibit# 10 (Engineers Estimate of Costs/Statement of As-Built Dollar Value Form) [On following page] Exhibit# 10 AS BUILT DOLLAR VALUE Date: Project: Engineering Firm: Submitted By: Work Order Number: Note: If available, please attach any invoices or statements that substantiate the following information. Major Electric and/or Water System Components QTY SIZE ITEM UNIT COST LIFECYCLE EXTENSION (P.U.D. Staff Completes this section) TOTAL COST OF SYSTEM IMPROVEMENTS Exhibit# 11 (AWWA Certified Backflow Testers) [On following page] Exhibit# 11 Local AWWA Certified Backflow Testers 2008-03-31 Barbara M. Smith 530-386-2876 B&L Backflow Testing Specialists, LLC P.O. Box 4867 Incline Village, NV 89450 Phone 775-831-0123 Fax 775-831-3433 Toll Free 886-753-9629 Dennis Maloney Tahoe "C" Company P.O. Box 5281 Tahoe City, Ca. 96145 530-546-3507 Lakeview Plumbing P.O. Box 2325 Truckee, Ca. 96160 530-587-3315 State Contractor License #408200 Ness Plumbing & Backflow Jimmy Ness P.O. Box 1610 Tahoe City, Ca. 96145 530-523-6001 awwa lic.# 10489 exp. 12-10-10 gauge # 01050198 Rock & Rose Inc P.O. Box 6381 Tahoe City, Ca 96145 530-583-9344 Sierra Backflow Specialist P.O. Box 291 Sierraville, Ca. 96126 530-412-0354 * This list is a recommendation only. * For information concerning all testers currently listed with the District or for information on the District's backfiow requirements, contact: Paul Rose at 582-3926. * It is the responsibility of the customer to determine if the companies on this list meet business standards for business licensing and insurance. Exhibit# 12 (Sample Maintenance Bond) [On following page] Exhibit# 12 MAINTENANCE BOND (Principal), and , a corporation organized under the laws of the State of , and authorized to execute bonds and undertakings as a sole surety in the State of California, (Surety), are held and firmly bound to the TRUCKEE DONNER PUBLIC UTILITY DISTRICT (District), in the sum of$ for payment of which sum, well and truly to be made, Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: Principal has entered a Water Development Agreement ("the Agreement") with the District on or about 20_, with respect to the project commonly known as , which Agreement required Principal to install certain facilities. A true and correct copy of the Agreement is presently on file in the office of District, in Truckee, California, which Agreement is hereby referred to and made a part hereof. NOW, THEREFORE, if Principal shall, for a period of one year from Unconditional Acceptance of the project by the District, indemnify the District against any loss or damage, arising by reason of any defect in the material or workmanship which may be discovered within the one-year period mentioned, then this obligation shall be void. Otherwise it shall remain in full force and effect. No prepayment of delay in payment and no change, extension, addition or alteration of any provision of the Agreement or in any plans and specifications referred to therein, and no forbearance on the part of District shall operate to release Surety from liability on this Bond, and consent to make such alterations without further notice to or consent by Surety is hereby given, and Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California. Date this day of 20 Principal Surety By: By: Title: Title: Address: Address: The rate of premium on this bond is per thousand dollars. Total amount of premium charged is $ Bond Number: (Attach Acknowledgements) Exhibit# 13 (Sample Maintenance Agreement) [On following page] Exhibit# 13 MAINTENANCE AGREEMENT To be used for a cash deposit rather than a bond This Maintenance Agreement is made between the TRUCKEE DONNER PUBLIC UTILITY DISTRICT ("District") and ......(Name of Developer)......... ("Developer")with reference to the following: Developer entered into a Water Development Agreement("the Agreement")with the District on or about ..(Date agreement signed).., with respect to the project commonly known as ..(Name of Development/Project)... The Agreement required that the Developer install certain facilities. A copy of the Agreement is presently on file in the office of the District, in Truckee, California. Said Agreement is hereby referred to and made a part hereof. Pursuant to the Agreement, Developer agreed to file with the District a maintenance bond, in a form satisfactory to the District, equal to 15% of the ultimate construction costs of the water distribution system referred to in the Agreement. Developer further agreed that such bond would remain in effect for a period of one year after unconditional acceptance of the system by the District. Said bond would cover against any defects or failures in the system which developed during that one-year period. This Maintenance Agreement is executed by Developer in lieu of such maintenance bond and shall be equal to 10% of the ultimate construction costs of the water distribution system. Upon execution of the maintenance agreement, Developer will tender to the District, cash in the amount of $ , with the understanding that the District shall deposit such amount in a commercial bank or savings and loan association, interest bearing account. Developer agrees that such account shall be in the name of the District only, and that the withdrawal of any amounts from such account, for the purposes set forth herein, may be made without any further consent by Developer. In the event that the District determines that the water distribution system has, during the one-year period after unconditional acceptance by the District, become defective or failed in any manner, the District shall be entitled to withdraw from such account as is necessary to cover the entire cost of correcting such defect or failure. Any amount not so used by the District shall remain in the account until the expiration of the one-year period, at which time the District shall return such amount to Developer, with any interest accrued. Prior to use of Developer's funds, District will make a "good faith" effort to notify Developers of any failure or defect in the water system, and allow Developer the opportunity to initiate repairs with their contractor if service to District customers or District obligations are not affected. All repairs made by the Developer and/or Developer's contractor to the water system must meet District requirements and be completed within the period established by District. District shall be entitled to inspect any such repairs. District reserves the right to perform required work at any time as deemed necessary. This Maintenance Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of any litigation concerning any controversy, claim or dispute between the parties arising out of or relating to this Maintenance Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. Date: By: (Developer) Exhibit# 14 (Example of a Letter of Conditional Acceptance for Electric Facilities) [On following page] WEI Exhibit#14 Date Owner/Developer Name Company Address City, State,Zip Via Facsimile and Regular Mail Dear Owner/Developer: Subject: Conditional Acceptance of Electric Facilities Project Name;APN Number The subject project meets the standards and installation specifications of the District's Electric Department necessary for Conditional Acceptance (Section 14 of the Development Agreement) with regards to trenching and installation of conduit, vaults, boxes and pads performed by you and/or your contractor. The following exceptions are briefly noted: 1. Example: Meter panels have not been installed or inspected by the Town's Building Department for 4 of the 5 buildings in Phase 1 A. 2. Example: Meter panels and dwelling units must be permanently labeled in accordance with District requirements before service can be provided. The additional requirements that must be met for Unconditional Acceptance are fully delineated i Section 15 of the Development Agreement with the District. Please note that this Conditional Acce tance considers that you are making adequate orogress toward providing tho i District with the re uired items and will continue gaving for any metered electric servi es.Should your orociress not be ade uate we will orovide thirty 30 days riot written notic before we have to discontinue conditional electric service to the Project. Note also that you have provided the District with a 1-year warranty covering labor and materials supplied by you as part of this project. The warranty period begins after Unconditional Acceptance by the District. If you have any questions, please call xxxxx at 587-3896. Sincerely, General Marjapec _ Deleted:District Representative Title c: Electrical n ineer TDPUD Deleted: Planner Exhibit# 15a (Developers Request for Conditional Acceptance of Water System Improvements Form) [On following page] Exhibit# 15a DEVELOPERS REQUEST FOR CONDITIONAL ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS Date: Project Name: TDPUD Work Order Number: ❑ Entire Project ❑ Project Phase o Phase Name/Designation ❑ Map(s) of the Phase are attached ❑ List of the Units-Parcels is attached ❑ Interim Activation Deposit Provided o Amount of Interim Activation Deposit 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, including any portions of the project that may 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 shall satisfy all other requirements and conditions of the Development Agreement. Developer Date Exhibit# 15b (Conditional Acceptance of Water System Improvements Form) [On following page] Exhibit # 15b CONDITIONAL ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS Date: Project Name: TDPUD Work Order Number: ❑ Entire Project ❑ Project Phase o Phase Name/Designation ❑ Map(s) of the Phase are attached ❑ List of the Units-Parcels attached ❑ Interim Activation Deposit Received (5% of Project Cost or Phase Cost) o Amount of Interim Activation Deposit Conditional Acceptance Approved General Manager Exhibit# 16 (Example of a Letter of Unconditional Acceptance for Electric and/or Water Facilities) [On following page] Exhibit# 16 le Date Developer Name Company Address City,State,Zip To Whom It May Concern: Subject: Unconditional Acceptance of Electric and/or Water Facilities Project Name,APN Number The subject project meets the requirements necessary for Unconditional Acceptance (Section 15 of the Electric Development Agreement and Section 11 of the Water DevelODment Agreement (depends on which version of the agreement we useD by the De%rear.•or Section 18 of the water District's Electric and/or Water Departments. Development Agreement Section 11 of the Development Agreement s ecifies that the Developer warrants and_ F617" r . Font.,Not Italic guarantees that all labor and materials su lied by Develo er are of a good and workmanlike quality, free of any defects of an a whatsoever fora eriod of one 1 ear after uncon itional acce tance by the District. Therefore our warranty begins today, Month Day,Vear,fora geriod of one year. Thank you f r your business and the successful completion of your new develo ment. If you have any questions, please call me at 587-3896. Sincerely, District Representative Title c: Electrical n ineer TDPUD Deleted. Planner Water Planner,TDPUD Exhibit# 17 (Sample Funds Transfer Agreement) [On following page] Exhibit# 17 Truckee Donner Public Utility District Directors Joseph R. Aguera J. Ron Hemig Patricia S. Sutton Tim Taylor Bill Thomason General Managger Today's Date Michael 6. Holley Via Certified Mail, Return Receipt Requested Name Address City, State Zip RE: Project Name Dear Contact: The Truckee Donner PUD staff is preparing to close your Development Agreements for the above mentioned project. In reconciling the project accounts, we find there is a credit balance of$$$$ in Work Order Number YY-999999 and a balance owing of$$$$ in Work Order Number YY-999999. With your permission, we will transfer a credit between these work orders to help offset the balance due. By signing the enclosed document, you agree to grant the Truckee Donner PUD permission to transfer funds appropriately between projects. If we do not have a written reply from you within 10 business days of the date of this letter, we will expect your full payment of any balance owing before sending you a check for your credit balance. We look forward to your permission to make the appropriate transfer of funds in order to close the Development Agreements as quickly as possible. Please phone if you have any questions. Sincerely, Sara Owens Contract Administrator 530-582-3956 Enclosure P. O. Box 309—Truckee, CA 96160—Phone 530-587-3896—www.tdaud.org Exhibit# 17 FUND TRANSFER AGREEMENT By signing this document, I authorize the staff at Truckee Donner Public Utility District to transfer funds between my Development Agreements, numbers and to help offset the balance due. I understand that I may still receive a bill for work completed where the cost has exceeded the deposit on record for the project. Print Name Signature Date P. O. Box 309-Truckee, CA 96160- Phone 530-587-3896-www.tdaud.org Exhibit# 18 (Sample As-Built Request Letter) [On following page] Exhibit# 18 Ak Truckee Donner Public Utility District Directors Joseph R. Aguera "O�W J. Ron Hemig Patricia S. Sutton Tim Taylor Bill Thomason General Mana er Michael Holley Date Via Certified Mail, Return Receipt Requested Developer Owner Address City, State Zip Subject: Project Name; APN Number Dear Developer/Owner: As a requirement for Unconditional Acceptance of the Development Agreements executed by the District in of , documentation drawings in compliance with District policy were due to be submitted within 60 days of the acceptance of the facilities by the District. The District accepted the water facilities on . At the time that you signed your Development Agreements, the District collected a project documentation deposit in the amount of$ in the event that you were unable to submit these drawings. Such failure to submit As-Built Drawings shall result in the forfeiture of the entire Project Documentation Deposit, whether or not the Deposit is sufficient to complete the development of the As-Built Drawings. IIf you feel that you can still provide these drawings, please contact at 587-3896 or by email to @tdpud.org within 30 days from the date of this letter or the District will proceed with the development of the As-Built Drawings for your project. Sincerely, District Representative Title cc: GIS Coordinator, TDPUD P. O. Box 309-Truckee, CA 96160-Phone 530-587-3896-www.tdpud.org