HomeMy WebLinkAbout14 Development Agreement Water Electric Agenda Item # 14
TRUCKEE •
Public Utility District
WORKSHOP
To: Board of Directors
From: Stephen Hollabaugh
Date: June 18, 2008
Subject: Development Agreement Update: Electric and Water
1. WHY THIS MATTER IS BEFORE THE BOARD
The Development Agreement process should periodically be reviewed and updated to
conform to District Board policies and new applicable laws and regulations.
2. HISTORY
Historically, a Development Agreement has been used for construction projects within
the PUD's service territory to insure that all the fees are paid and the project meets the
specifications of the District. The last time that the Districts policy regarding the
procedures for water and electric service application for new construction and
upgrades was brought to the Board was in September of 1995. Resolution No. 9527
was passed and adopted establishing a new procedure for processing the
Developments, in order to expedite developments involving system improvements, the
Board determined that greater authority should be granted to staff to review and
execute development agreements.
Since 1995, numerous developments have been constructed, tested and accepted.
District staff has refined and streamlined the development agreement process with the
addition of in-house electric design, more detailed specifications and construction
requirements, creating the need for separate Development Agreements for water and
electric.
3. NEW INFORMATION
In an effort to improve the Development Agreement, District staff is proposing the
following changes:
• Projects that are large in scale should be broken into phases that end in a
discreet deliverable.
A Project Administrator will be assigned to each project to review and interface
with the Developer. This will insure that the Development Agreement is
followed and the project is complete to District standards.
• Projects will have a monthly internal project review. Included in this review will
be the percentage that the project is complete as it relates to the construction
season, a check to see that the expenditures do not exceed the deposits and
that the required documentation is submitted in a timely manner.
The most current revisions to the Development Agreement Guidelines and associated
forms are included in this packet as Attachment 1. An action item on this matter is
expected to be brought to the Board at the meeting on July 2, 2008.
4. FISCAL IMPACT
There is no fiscal impact associated with this matter.
5. RECOMMENDATION
Review this report and provide comments.
#Sephen Hollabaugh Michael D. Holley
Assistant General Manager General Manager
TRUCKEE DONNE'
Utility L) Istrict
DEVELDPMENT
AG
QUID
2008
Truckee Donner Public Utility District
11570 Donner Pass Road
Post Office Box 309
Truckee,CA 96160
Phone 530-587-3896•Fax 530-587-1189
TABLE OF CONTENTS
Section No Description Pan
GENERAL INTRODUCTION 3
DEVELOPMENT STAFF INTRODUCTION 4
SECTION 1: ADMINISTRATIVE REQUIREMENTS
1 1 Proiect Routine 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
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
I ADMINISTRATIVE REQUIREMENTS
1.1 Proiect Routing Request from the Town of Truckee
Prior to a proiect being ai yroved 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 Project Scheduling
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 Agreement 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
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 iWrrovements 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
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
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 CEOA 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 a end ize 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
may the"Forum" clause in paragraph 18 of the Water Development Agreement
and paragraph 23 of the Electric Development Agreement be exercised.
Revised 2008 9
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 fern 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
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
3.1.4 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
4 DEVELOPMENT AGREEMENT PROCESS
4.1 FLOW CHART -Development Flow Chart—Typical Project Formatted:Indent:Left: -36 pt,
Developer's Initial Visit First line: 36 pt—
District provides Project Introduction
Development Developer submits completed meeting with District
Agreement guidelines application,required forms& staff;if requested
and Application forms administrative deposit
Developer provides plans&deposits for
technical review&design
Water Department Electric Department
• District assigns project administrator. • District assigns project administrator
• District reviews and redlines submitted plans. • Developer provides technical information
Developer resubmits revised plans for District necessary for design work
• approval District designs electrical facilities based on the
• These 2 steps continue until design&plans are autocad civil drawings.
approved. • Developer includes District design on Construction
Drawings.
District staff approves plans and drafts a Development Agreement. District Board
reviews Development Agreement and if approved,Board President signs.
District holds a mandatory re-construction meeting with the Developer
Developer signs agreement and provides exhibits for development agreement
• Approved plans
• Insurance Certificates
• Blanket Easement Document
• Contracting Data Firm Sheets
• Pays requires fees&deposits
Improvements by Developer Improvements by District
during the Construction phase during the Construction phase
U on re nest District conditional) accepts the water&electric systems
Construction Com leted
Developer complies with requirements for conditional/unconditional acceptance
U on re ues District unconditional) acce is water&electric systems
One year maintenance/warranly period begins
Revised 2008 17
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
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;
4.1U 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;
4.15.5 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.
4.1M 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
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)582-7820
(Planning) (530)582-7876
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
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.
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.
TDPUD As-Built Policy F �� ,. � 2/ 13
yy. fir, tI[
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.
TDPUD As-Built Policy 4/ 13
��
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
TDPUD As-Built Policy DONNER6/ 13
E-EXIST SYSTEM
All existing transformers, switches, risers and similar structures.
(70cm-nonication Facilities
C-NEW COMM
All new underground communication conduit and cable 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.
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 surrey
information will be recreated as a new feature on the "new"layer.
C-EXIST SYSTEM
All new taps, splitters, risers and similar network equipment.
W=: =-r 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.
TDPUD As-Built Policy 8/ 13
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.
S..anitation 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
Ali 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.
Ofair)age ac,,,itit c=_
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.
TDPUD As-Built Policy rTRUCKEE DONNER 10/ 13
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)
e
The District has compiled an extensive collection of geographic information in the Truckee,
California area. This information has a high accuracy and would be extremely valuable in any
discovery required by the developer before construction. In no way, however, does this
information disavow the responsibilities of the developer to survey the project area, survey
existing facilities the project will tap into, or have USA performed in the area.
The discovery information will be placed by the district on the "EXIST" layers described in the
layer conventions, if they exist in the confines of the project area. Any existing information
that survey notes to be incorrect and is within the confines of the project area is to be
recreated on the "NEW" corresponding layer. All layers described in the layering convention
will also be supplied in a .DWG format drawing to the developer upon request.
Current information that can be requested:
All Electric Facility Data All Water Facility Data PUD Broadband Facility
Parcel Boundaries Water Boundaries Bridges
Edge of Pavement Right of Way Buildings
Obstacles (Fence, Pond, etc.) Survey Control Topo with Metadata
Aerial Photographs Easements
As a note, it is still possible for any of this information to already exist within the project area,
and for the PUD not have it, or know about it. In such cases, it is the responsibility of the
developer to ensure that all existing information is properly recorded on displayed in the
TDPUD As-Built Policy .. 12/ 13
TRUCKEE DONNER PUBLIC
UTILITY DISTRICT
DEVELOPMENT AGREEMENT
EXHIBITS
Exhibit# 1
Electric For District Use Only
• Billable ❑ Development A mement ❑
Water For District Use Only
Billable ❑ Development Agreement ❑
APPLICATION FOR CONSTRUCTION Deleted:¶
DEVELOPMENT AGREEMENT
Date Submitted: Submitted BY:
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:
Project Manager/Partner(to whom gorreWondence will be sent): Deleted:biliings
Name:
Address:
Phone:
Fax:
Email(if available)
Brief Descri tion of the Project:
Revised 5/29/08 Page 1 of 12
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
Extension to serve the nroiect review and/or preparation of easements,agreements or Deleted:Review
other documents,telephone conversations with Developer or Project Representative, Deleted:Telephone -�
o ies of District Standards, and j2lueprints t Deleted:Copies
The Developer and/or Owner will be responsible for the payment of all expenses incurred Deleted:Blueprints
in the review/design 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
Revised 5/29/08 Page 3 of 12
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
Will the structure be served by: phase(see list below)
Single meter: ❑ Multiple meters: ❑ Number of Meters:
Size and quantity of individual services: House Meters:
a) 100 amp ❑ d)400 amp ❑ g) 1000 amp ❑
b)200 amp ❑ e)600 amp ❑ h) amp ❑
c)300 amp ❑ f) 800 amp ❑ i) p ❑
Meter Information:
120/240 volts,3 wire, 1 Ph ❑ 120/208 volts,4 wire,3 Ph ❑
120/208 volts,3 wire, 1 Ph ❑ 277/480 volts,4 wire,3 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
One- ne dia rams detailed load calculations and panel schedules are required for each structure Deleted:If available,please provide
- - - - ---
exce t single-family residential unless otherwise determined by the District. Developer
copies of detailed load calculations
inclums
ackn wled es that electrical design may take u to 8 weeks from receipt of a lication and all panelboard schedules g one-line with load and/or
re Luij ed drawings/information listed above. information.
Submitted by: Date:
Revised 5/29/08 Page 5 of 12
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)
Maximum fire flow gallons per minute
(gpm)
Duration of fire flow minutes
Submitted by: Date:
r Deleted:Depending on the project,
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
review/approval by State Health
Department?¶
<sp><sp>¶
Yes. >No¶
T.D.P.U.D.Staff Signature:
Date:
Revised 5/29/08 Page 7 of 12
Exhibit# 1
California Assembly Bill 1881 Compliance Statement
TILASE P MI
Project Name:
APN:
Address:
{
Project Description:
Developer/Owner's Statement
(CHECK ONLY ONE BOXI
This project has 5,000 square feet or more of irrigated landscape
This proiect has less than 5,000 square feet of irrigated landscape
Developer/Owner Signature Date
Developer/Owner Name(PRMT)
Mailing Address
Phone Number
To view the California Assembly Bill No 1881 go to our website at www tdpud org
Click on the Forms Tab and then the Construction Forms&Information Tab
Revised 5/29/08 Page 9 of 12
Exhibit# I
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:
Revised 5/29/08 Page 11 of 12
Page 7:[1]Deleted Sara Owens 5/1/20081:56:00 PM
Truckee Donner Public Utility District Staff Only ❑ ❑
Will Plans and'Specifications need review/approval by State Health Department?
Yes No
T.D.P.U.D. Staff Signature: Date:
Project Representative Notified?
T.D.P.U.D. Staff Signature: Date:
Exhibit#2
Example
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
c: Electrical Engineer TDPUD D MO d;planner
Water planner,TDPUD
EXHIBIT #3
For District Use only
TRUCKEE DONNER PUBLIC UTILITY DISTRICT Plans TPP
PO BOX 309 TRUCKEE, CA 96160 O/H U/Q
(530)587-3896 FAX (530)587-5056
APPLICATION FOR RESIDENTIAL NEW CONSTRUCTION
SERVICE ADDRESS
Street No.&Name Assessor's Parcel Number Unit/lot# Subdivision
OWNER/CONTRACTOR NAME Phone# Building Permit#
Applicant Name Phone#
Mailing Address City State Zip Code
Tax I.D.# Date of Birth Owners Social Security#
Cell Phone# Email Address
Checking Account# Savings Account# Bank Name/Location
Please indicate: Spouse Co-Tenant Co-Signer Co-Owner
Applicant Name Phone#
Mailing Address City State Zip Code
Date of Birth Social Security# Driver's License#
Owner's Nearest Relative's Name&Address Phone#
Notes:
THIRD PARTY PROTECTION PLAN You may choose a third person to be notified before possible termination of your utility service. The third party
is not responsible for the bill, but acts as a contact between you and the District in the event that we are unable to reach you. _Yes, see below. No
Designation.
THIRD PARTY NAME PHONE NUMBER
MAILING ADDRESS
P.O. Box/Street No.&Name City State Zip Code
I hereby request electric and/or water services to the premises described above and agree to pay the applicable rates and abide by the resolutions,ordinances,rules and regulations
of the District. 1 owe no monies to the District either directly or indirectly under the above name or any other name in which arrangements for payment in full have not been made.
I agree that the District is not responsible for damage caused by or resulting from conditions or circumstances beyond its control including,but not limited to,storms,lightning,
Flrxxls,fires,vandalism,discontinuance of power from the District's supplier or wiring or plumbing on the premises not owned by the District or for damage caused by or resulting
from disconnection of services for any legal reason.
I understand that I am responsible for all utility bills until such time as I notify the District to discontinue utility service in my name, upon termination of service,the
District will return any deposit less the amount of any charge remaining unpaid.In the event that collection proceedings are commenced to collect any unpaid charges,I agree to pay
all court costs and a fair and reasonable attorney's fee. The District reserves the right to refuse service or to discontinue service to any customer if all of the above conditions are not
accepted and required information is not furnished,if the customer misrepresents the conditions for which service is being requested,or if it is learned at any time that the transfer of
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 prevent damage to your property. The District accepts no liability
for such damage when its service to your property has been disconnected for any legal reason.
DATE AUTHORIZED BY Title
ELECTRIC FEES:
CONNECTION FACILITIES(KW) LINE EXTENSION AMPS OTHER DATE PAID
WATER FEES:
CONNECTION FACILITIES LINE EXTENSION TAP/RDXING OTHER DATE PAID
EXHIBIT #4
For District Use Only
TRUCKEE DONNER PUBLIC UTILITY DISTRICT Plans TPP
PO BOX 309 TRUCKEE,CA 96160 O/H vic
(530)587-3896 FAX(530)587-5056
APPLICATION FOR CON MERCIAL NEW CONSTRUCTION
SERVICE ADDRESS
Street No. &Name Assessor's Parcel Number Unit/lot# Subdivision
OWNER/CONTRACTOR NAME Phone# Building Permit#
Business Name Phone#
Tax I.D.# Owners Social Security#
Mailing Address City State Zip Code
Cell Phone# Email Address
Individual Partnership Corporation Type of business:
Checking Account# Savings Account# Bank Name/Location
Names of Owners or Officers Title Phone#
Mailing Address City State Zip Code
Name Title Phone#
Mailing Address State Zip Code
Name Title Phone#
Mailing Address City State Zip Code
Owner's Nearest Relative's Name&Address Phone#
THIRD PARTY PROTECTION PLAN You may choose a third person to be notified before possible termination of your utility service. The third party
is not responsible for the bill, but acts as a contact between you and the District in the event that we are unable to reach you. _Yes,see below. _No
Designation.
THIRD PARTY NAME PHONE NUMBER
MAILING ADDRESS
P.O. Box/Street No.&Name City State Zip Code
I hereby request electric and/or water services to the premises described above and agree to pay the applicable rates and abide by the resolutions,ordinances,rules and regulations
of the District. I owe no monies to the District either directly or indirectly under the above name or any other name in which arrangements for payment in full have not been made.
I agree that the District is not responsible for damage caused by or resulting from conditions or circumstances beyond its control including,but not limited to,storms,lightning,
floods,fires,vandalism,discontinuance of power from the District's supplier or wiring or plumbing on the premises not owned by the District or for damage caused by or resulting
from disconnection of services for any legal reason.
I understand that I am responsible for all utility bills until such time as I notify the District to discontinue utility service in my name. Upon termination of service,the
District will return any deposit less the amount of any charge remaining unpaid.In the event that collection proceedings are commenced to collect any unpaid charges,I agree to pay
all court costs and a fair and reasonable attorney's fee. The District reserves the right to refuse service or to discontinue service to any customer if all of the above conditions are not
accepted and required information is not famished,if the customer misrepresents the conditions for which service is being requested,or if it is learned at any time that the transfer of
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 prevent damage to your property. The District accepts no liability
for such damage when its service to your property has been disconnected for any legal reason.
DATE AUTHORIZED BY Title
ELECTRIC FEES:
CONNECTION FACILITIES(KW) LINE EXTENSION AMPS OTHER DATE PAID
WATER FEES:
CONNECTION FACILITIES LINE EXTENSION TAP/RDXING OTHER DATE PAID
C:\Documents and Settings\Barbara\Local Settings\Temporary Internet Files\OLK9\Application For
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."
B. Developer intends to construct a complete electric distribution system for the Project in
accordance with the approved plans and specifications.Such system shall hereafter be referred
to as the"electric distribution system."
C. N/A
D. The electric distribution system is a necessary part of the Project,and Developer has requested
that the District accept the system by including it within the District's existing integrated system.
Developer has further requested that, upon completion,the District thereafter own, operate,
maintain,repair,and replace the electric distribution system as necessary. 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.
E. The District is willing to accept the electric distribution system providing it is properly constructed
in accordance with the approved plans,specifications and terms of this Agreement.
F. Complete plans and specifications for the construction of the electric distribution system have
been prepared in accordance with the District's Rules and Regulations and with the
requirements and specifications as hereafter set forth. Copies of the approved plans and
specifications are on file in the District's Electric Department.
G. Developer has selected contractors for construction of the electric 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 Sheets,and are on file
in the District's Electric Department.
Page 1 of 7
Exhibit#5a
without thirty(30)days prior written notice to the District.
6. Indemnification by Developer. Developer shall indemnify, defend and save harmless the
District,its officers,agents and employees,and each of them,of and from any and all claims,
demands, causes of action, damages, costs, expenses, losses, or liabilities, in law or in
equity, of every kind and nature whatsoever, for, but not limited to, injury to or death of
Developer, any subcontractor of Developer, or any officers, agents or employees of the
District, of Developer, or of any subcontractor, or any other person, and damages to or
destruction of property of the District or any other person, arising out of or in any manner
directly or indirectly connected with the work to be performed under this Agreement,however
caused,regardless of any negligence of the District or its officers,agents or employees,be it
active or passive,except the sole negligence or willful misconduct of the District.
7. Improvements by and Responsibilities of Developer. Developer shall perform and be
responsible for all labor and material expenses involved in performing the electric distribution
system improvements described in the attachment entitled Improvements by and
Responsibilities of Developer.
8. Improvements by and Responsibilities of District. The District shall perform electric
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
Aixty 0)days of receipt of the District's invoice. Deleted:thirty
Deleted:30
9. Construction Inspection.The District shall inspect the construction from time to time,in order
to determine that the electric distribution system is installed in accordance with the approved
improvement plans,construction specifications and the terms of this agreement.
a. The District shall notify the Developer and/or the Developer's representatives in writing
as to any deviation from the approved improvement plans, construction specifications
and the terms of this agreement.The Developer and/or the Developer's representatives
shall correct such deviation or failure as soon as is reasonably practicable.
10. Timely Construction Required. Construction of the electric distribution system shall be
completed,as defined herein,within twenty-four(24)months from the date of execution of
this agreement.In the event Developer fails to complete the electric distribution system within
that time,the District may in its discretion(1)increase any and all fees and costs to equal the
District's current charges,(2)require Developer's plans and specifications to be updated and
redrawn to comply with the District's current standards,and(3)terminate this Agreement and
recover from Developer the full cost of all expenses and charges incurred by the District,
including but not limited to material,labor,backfill, paving and outside services.
11. Developer's Warranty. Developer warrants and guarantees that all labor and materials
supplied by Developer are of a good and workmanlike quality,free of any defects of any type
whatsoever for a period of one(1)year after unconditional acceptance by the District.Within
the period of this warranty, Developer shall repair or replace,at Developer's expense,any
defective material or workmanship.The District shall notify Developer of any malfunction or
nonconformity promptly upon discovery. Within fifteen (15) business days after receiving
notice from the District,Developer shall commence to repair or replace the defective part and
will expeditiously pursue such work to completion and acceptance by the District.Emergency
Page 3 of 7
Exhibit#5a
installed electric distribution system with documentation to substantiate the stated value.
g. 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 Water Development Agreement(if
applicable)to cover the amount due in the Electric Development Agreement
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 requests 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 Assigns. This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of all parties; however, Developer shall not assign any of its
rights, duties or obligations under this Agreement without the prior written consent of the
District.
19. District Powers. Nothing contained herein shall be deemed to limit, restrict, or modify any
right,duty,or obligation given,granted,or imposed upon the District by the laws of the State
of California now in effect,or hereafter adopted,nor to limit or restrict the power or authority
of the District. The District may enact rules,regulations,resolutions,or ordinances,including,
without limitation,creation of service zones and rate differentials applicable within the Project
area that may not be applicable elsewhere,at its discretion.
20. Severability. In the event that any part or provision of this Agreement is found to be illegal or
unconstitutional by a court of competent jurisdiction, such findings shall not affect the
remaining parts, portions,or provisions of this Agreement.
21. Attorneys'Fees. In the event of any litigation concerning any controversy,claim or dispute
between the parties hereto,arising out of or relating to this Agreement or the breach hereof,
or the interpretation hereof,the prevailing party shall be entitled to recover from the losing
party reasonable attorneys'fees and costs incurred therein or in the enforcement or collection
of any judgment or award rendered therein.
Page 5 of 7
ExMbit#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 will provide this list of improvements on
the design drawings.
Page 7 of 7
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
Sheets,and are on file in the District's Water Department.
1
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 Resoonsibilities 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 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 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 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
material or workmanship.The District shall notify Developer of any malfunction or nonconformity
promptly upon discovery. Within fifteen (15) business days after receiving notice from the
District,Developer shall commence to repair or replace the defective part and will expeditiously
pursue such work to completion and acceptance by the District. Emergency repairs will be
coordinated by District and charged to the Developer.
3
7) Developer shall pay any outstanding costs and fees. If the actual costs
exceed the amount deposited with the District, a funds transfer agreement
Gan 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
Proiect.
11. UNCONDITIONAL ACCEPTANCE REQUIREMENTS
A. Proiect Final Walk Through Inspection. DevelooeracknoWedges 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 Proiect. Developer shall not request or obtain a temporary occupancy
permit,final inspection approval,nor shall Developer use,or permit anyone else to use,
any portion of the water distribution system Proiect, until the District has granted
Conditional Acceptance in writing.
C. Within thirty(30)days after Proiect 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 Proiect 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 Proiect that will
protect against any defects or failures in the systems that may develop dudnq
that time.
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 Proiect 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
5
19. 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.
20. 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.
21. 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 or failure 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.
22. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any and all disputes will be filed and settled within the
jurisdiction of Nevada County.
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
7
Exhibit# 6
(Grant Deed for Temporary Blanket Public Utility Easement)
[On following pages]
Exhibit# 6
State of California)
County of )
On before me, Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his 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# 7
(Example of an Insurance Policy that meets District requirements)
[On following page]
Exhibit# 8
(Grant Deed for Public Utility Easement)
[On following pages]
Exhibit# 8
State of California )
County of )
On before me, Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his 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# 9
(Offer of Dedication & Acceptance)
[On following pages]
Exhibit # 9
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# 11
(AWWA Certified Backflow Testers)
[On following page]
Exhibit# 12
(Sample Maintenance Bond)
[On following page]
Exhibit# 13
(Sample Maintenance Agreement)
[On following page]
Exhibit# 14
(Example of a Letter of Conditional Acceptance for Electric Facilities)
[On following page]
Exhibit# 15a
(Developers Request for Conditional Acceptance of Water System
Improvements Form)
[On following page]
Exhibit# 15b
(Conditional Acceptance of Water System Improvements Form)
[On following page]
Exhibit# 16
(Example of a Letter of Unconditional Acceptance for Electric and/or Water
Facilities)
[On following page]
Exhibit# 17
(Sample Funds Transfer Agreement)
[On following page]
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.tdpud.org
Exhibit# 18
Truckee Donner Public Utility District
Directors
Joseph R. Aguera
J. Ron Hemig
Patricia S. Sutton
Tim Taylor
Bill Thomason
General Mama�g.er
Date Michael D. Holley
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$the event that you were unable to submit these drawings. Such failure to submit As-Built Drawings in
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
email to at 587-3896 or by
@tdpud.org within 30 days from the date of this letter or the District Twill
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.ora