The URL can be used to link to this page

Home My WebLink About#12 Approve Tahoe Donner Ski Lodge Project AGENDA ITEM #12 Public Utility District m MEETING DATE: May 1, 2024 TO: Board of Directors FROM: Neil Kaufman, System Engineer SUBJECT: Consider Approval of the Development Agreement for the Tahoe Donner Downhill Ski Lodge Project APPROVED BY: Brian C. Wright, General Manager RECOMMENDATION: Approve the development agreement between the District and the Tahoe Donner Association for the Tahoe Donner Downhill Ski Lodge Project. BACKGROUND: The Tahoe Donner Association (TDA) operates a downhill ski area located on Slalom Way within the Tahoe Donner Subdivision. The District provides potable water and electrical service to the base lodge in the ski area. The existing base lodge structure was constructed in the early 1970s and is approaching the end of its useful life. ANALYSIS AND BODY: TDA is undertaking a project to replace the existing base lodge structure with a new structure. As part of this project, both the water and electrical utility service entrances to the structure will be relocated. There will also be grading modifications and replacement of the pavement in the vicinity of the structure. The attached drawings show the planned scope of work. The District owns and maintains the water distribution system throughout the Ski Bowl Condominiums complex, and has existing pipes in close proximity to the project site. This distribution system piping is in poor condition and requires repeated repairs. In August 2021, the Board of Directors approved a contract with Sage Land Surveying to perform a utility survey within the complex, so that the design for a pipeline replacement project could be developed. This design work is about 75% complete. The Water Department had originally planned to undertake this pipeline replacement project in the summer of 2024. However, the project was delayed to avoid conflict with the TDA base lodge replacement project. This delay also allowed the replacement of water pipes on Northwoods Boulevard in advance of the Town of Truckee's paving overlay project. It is planned to proceed with the pipeline replacement project when Page 1 of 2 Page 30 of 215 construction of the new base lodge has been completed. The replacement water pipelines will be located within areas that will be repaved as part of the TDA project. District staff and TDA representatives have been discussing the planned work for both projects. To avoid disturbing the newly placed paving work, it was agreed to have the TDA contractor install about 455 feet of water pipeline in the areas that will be paved. The TDA contractor has provided a price of $234/ft for the 8- inch main line pipe. This can be compared to the price of about $245/ft given in the recently awarded District Pipeline Replacement— 2024 project. The total cost proposal from the contractor awarded the TDA project for the replacement of the District-owned water pipeline is $192,520.76. This total includes associated appurtenances, such as isolation valves, one fire hydrant and two water services within the project area, along with a proportionate share of common costs, such as mobilization, the best management practices (BMP) implementation and insurance. It is recommended that a ten percent change order allowance be established for this work, which would correspond to a total expenditure of about $211,800. Attached is a copy of the draft Development Agreement between the District and the Tahoe Donner Association. This agreement uses the District's standard development template with one modification. This modification is the insertion of Article 29, which discusses the reimbursement from the District to TDA for installation of the water pipeline. GOALS AND OBJECTIVES: District Code 1 .05.020 Objectives: 1. Responsibly serve the public. 3. Provide reliable and high quality water supply and distribution system to meet current and future needs. 6. Manage the District in an effective, efficient and fiscally responsible manner. District Code 1 .05.030 Goals: 1. Manage for Financial Stability and Resiliency 3. Engage with our customers and communities in a welcoming and transparent way to identify opportunities. FISCAL IMPACT: This item is included in the water utility's 10-year capital improvement plan, within the $23AM, 10yr pipeline replacement component. The water utility has sufficient funds for this capital expenditure in 2024. ATTACHMENTS: 1. Board Figure 1 2. Board Figure 2 3. Board Figure 3 4. Board Figure 4 5. Electric Water Development Agreement Tahoe Donner Downhill Ski Lodge Page 2 of 2 Page 31 of 215 Pb :,jajjjjjjjhw..jv Xv ;,�;�,. ' .•�•` -�?� •.��` � : �� ..` _ •~ mil.-• :`�' -y �j Q.. SLALOM WAY ,a s SKI L ti u`;_,, _ .�•• t ti' !; •: '4 <; • „ '!°�,, ``—Y PARKING •� � � �.• :sue ..,. • '. :�.. vat 71 Zq iO�.Aka�. If 21 • �` ,. '1 1 y♦ N OVERALL SITE: AERIAL VIEW G fAHOE DONNER DOWNHILL SKI RESORT 4 bull stockwell alley i J U LY 25, 2022 ARCHITECTURE+ INT5�lOF �0F215 * SITE PLAN KEYNOTES APN Tf (P)GENERATOR 046-250-012 2. (P)RETAINING WALL(5'MAX HEIGHT,SEE GRADING PLAN) 26' WITH RAILING,SEE DETAIL BELOW. 3. (P)TRENCH DRAIN (E)GARAGE E)DUMPSTERS 4. (P)INFILTRATION CHAMBER 5. (E)PLANTER APN 6. (P )CURB 046-570-023 6 _ 7. (P)TRASH ENCLOSURE,SEE ARCHITECTURAL PLAN _ 8. (P)STAIRWAY LEVEL 2 TO LEVEL 3 APN 3 9. FIRE TRUCK TURNING MOVEMENT 046-250-013 — g 10. ADA PARKING (E)LIFT / — ; SLALOM WAY a 11. PENDING FUTURE LLA APPLICATION APPROVAL. MAI NT- I (E)PARCELS O46-250-005,046-250-007,AND 046-250-009 TO BE ENANCE ��d / R MERGED 0 '2 "6' 046 250-013 6 VAR3ES,REFER TO IAVOVi PLANS. 6 I 3 I 1'X?PAINTED STEEL 17' I CHANNEL 6 20 6 20 6 r EQ. R"TY4'TYP, EQ. 4 }"X}'PAINTED STEEL PICKET,4"0.C. :�,• :• 14' ` 6 �R / 6 1"X PAINTPO STEELEL. 20• U-GHHNN n i •• \ \ O / 2 FITPAVERSHANDTIGHT O O• AROUND EDGE OE FENCE • \ QO°` / _ POST 71 (P) II u DRIVEWAY/. .u n a `.'• I _ Lr +,I• \ / / - i1. I'I _ }FENCE POST FOOTING, E 14"SONOTU6E,FILL WITH 4ONGRETE, • .•Y " 3300 P51 A ELEVATION' (P)DECK: (E)BUILDING RETAINING WALL w/ RAILING DETAIL sp RT32.o• APN \ 046-250-009 ,\,,\• (P)BUILDING (E)SKI LIFT \: 6 ir \ •�• R700.0' ' k k APN 046-250-013 APN o 046-250-013 11 23 kk _ k 11 GRAPHIC SCALE 40 0 20 40 C4 CIVIL SITE PLAN 1 INCH = 40 FEET IAHOE DONNER DOWNHILL SKI RESORT 28 AUERBACH ENGINEERING bull stuc;KWell alien JULY 25, 2022 CORP ARCHITECTURE+PLANN%+INT`5�l F 215 or_- gift r J ATAHOLDONNEP, - - AII_ �► AG r I 4Ci A, *A I s EXTERIOR VIEW/ELEVATION - STREET (WEST) SIDE TAHOE DONNER DOWNHILL SKI RESOH 1 12 bull stockWell allen J U LY 25, 2022 ARCHITECTURE+RLANN%geT �l 0 15 AUERBACH ENGINEERING UTILITY KEYNOTES CORP CIVIL ENGINEERING*LAND SURVEYING-ENVIRONMENTAL PLANNING REUSE OF DOCUMENTS 1. INSTALL MANHOLE OVER (E) SEWER & CONNECT TO NEW 1-5 THIS DOCUMENT&THE I DEAS&DESIGN INCORPORATED HEREIN,AS AN ss E D U M PSTER D3 INSTRUMENT OF PROFESSIONAL SERVICE,IS THE PROPERTY OF AEC&IS o (E) 6" SS LATERAL, SEE SEWER PLAN AND PROFILE. NOT TO BE USED,IN WHOLE OR IN PART,FOR ANY OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF AEC. (E) (E) CONDOMINIUMS BUILDING 2. INSTALL SEWER SERVICE TO BUILDING, SEE SEWER PLAN AND PROFILE. oQROFESS/pNq� (E) I 3. CONSTRUCT SEWER CLEANOUT, SEE SEWER PLAN AND D3. v GARAGE ss PROFILE. *� ENo. C34303 xp. 9/0/23 ----------------------- \ 4. CONNECTION TO (E)WATER PER TCPUD STANDARDS. - sT CIV\\ 5. INSTALL 2.5" DOMESTIC WATER AND 8" FIRE SERVICE TO 1-5 gTFpFCAUF�� ''------------- \I \ 28 1 16 BUILDING. - ' 6. CONNECT TO (E) ELECTRIC PER TCPUD STANDARDS. g G� 13 \� W W 15 E m 7. CONNECT TO (E) COMMUNICATIONS, SEE MECHANICAL ! 10 PLANS. SS NN 8. JOINT TRENCH ELECTRIC AND COMMUNICATIONS. D3.7 W= -P(E) LIFT � ® m - � ��- W� � 3Jn nl 3J � SLALOM WAY g• ELECTRIC PANELS, SEE ELECTRICAL PLANS. MAINTENANCE ;" / BUILDING / 10. RE-ROUTE ELECTRIC SERVICE TO SKI LIFT 300 MONTGOMERY STREET, SUITE 600 co / 6 ... ......... N roCO AVOID DRIPLINE OF 34" PINE TREE. COORDINATE AND SAN FRANCISCO CA 94104 6 INSTALL PER TCPUD STANDARDS. / =--------- =--------- �\ (C) 2011 BSA ARCHITECTS INC "All 7 ` 8 drawings and written material appearing 11. CONNECT TO ( ) A SEE MECHANICAL PLANS. herein constitute the original and Is......... 29 i I........... :..... / unpublished work of the architect and the -- 12 GAS SERVICE TO BUILDING, SEE MECHANICAL PLANS b duplicated, d G, S D3 7 same may not e used, or co disclosed without the written consent of the 13 13. CONSTRUCT TRENCH DRAIN. SEE STORM PLAN AND 3 architect" C� PROFILE. D3. \I/ 14. ELECTRIC SERVICE FROM BUILDING TO FUTURE co�9ZN GENERATOR, SEE MECHANICAL PLANS. 28 15. SEWER LATERAL. SEE SEWER PLAN AND PROFILE. w (P) DRIVEWAY 16. (E) SEWER MANHOLE, PROTECT IN PLACE. U)i APPROXIMATE IE = 6752.16 W U) -,-' _--- ---- 14 C/) 17. INSTALL 2000 GAL SEWER INTERCEPTOR PER v w , I � MECHANICAL PLANS, SEE SEWER PLAN AND PROFILE. Q (P) PATIO (P) STAIRS D O Cn 18. ELECTRIC TRANSFORMER(S), SEE ELECTRICAL PLANS. \ J (P) DECK I 18 22 19. GAS METERS WITH SHED, PER MECHANICAL PLANS. 27 (E) BUILDING W w , I 3 r r v � 20. CATV SERVICE TO BUILDING, SEE MECHANICAL PLANS. 1 1 1 1 �� z Q 2 U) ' L J J 17 25 21. ELECTRIC SERVICE TO BUILDING, SEE ELECTRICAL PLANS. z � (P) BUILDING 20 r - - , Q S J � � P 22 L - r 22. INSTALL & STUB 2' GAS SERVICE FOR FUTURE O LJJ � { ° m o SS SS // D CONNECTION GENERATOR, SEE MECHANICAL PLANS. Q 24 g TV- 11 I�_�� 23. CONSTRUCT STORM DRAIN INLET(S). SEE STORM PLAN 1 = U 23 I 19 G � G) W AND PROFILE. D3. 7 Q L II _ Q L z w 21 p o II 24. CONSTRUCT DRAINAGE SWALE. SEE GRADING AND 5 (n II 9 I DRAINAGE PLAN. D3. % C`7 12 23 1 O 25. CONSTRUCT SEWER MANHOLE, SEE SEWER PLAN AN O D 1-3 PROFILE, SHEET C2.6. D3. Q (E) SKI LIFT \\IY\ W W �s 26. INSTALL STORM DRAIN OUTFALL. 1 D3. 5 4 - 27. ELECTRICAL CONDUIT, SEE ELECTRICAL PLANS FOR ISSUE I TERMINATION TO EQUIPMENT AND CONDUIT SCHEDULE. 90% CORE & SHELL BID SET 23 I 28. INSTALL 8"WATER MAIN PER TDPUD STANDARDS. RELEASE DATE Z PLANTER I 29. RE-CONNECT EXISTING SERVICE TO NEW WATER MAIN 2/24/2023 O \ \ k k k 29 PER TDPUD STANDARDS. 23 • ,/ � � � o� � � � z � � I REVISIONS U 26 Q o � z o CD N PROJECT NO. 450.32 co i MADE BY JF 0 7� REVIEWED BY CA/WA U. J \ (E) BUILDING / / �� / UTILITY PLAN p z Q GRAPHIC SCALE 20 0 0 0 20o Mo 1 INCH = 20 FEET O Ln Page 35 of 215 ELECTRIC AND WATER DEVELOPMENT AGREEMENT BETWEEN THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AND OWNER/DEVELOPER 046-250-009 Tahoe Donner Downhill Ski Lodge 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 Tahoe Donner Association, 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 046-250-009 on which Developer intends to construct a "Replacement of Downhill Ski Lodge with facilities for rentals, food and beverage dining, commercial kitchen, offices and support spaces", hereafter referred to as the "Project." B. Developer intends to construct a complete electric distribution system for the Project in accordance with the approved plans and specifications. Such system shall hereafter be referred to as the "electric distribution system." C. Developer intends to construct a complete water distribution system for the Project for domestic and fire protection use, including pipes, valves, service laterals, and related equipment, in accordance with the approved plans and specifications. Such system shall hereafter be referred to as the "water distribution system." D. The electric and water distribution systems 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 and water distribution systems 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 $400,000, 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 and water distribution systems 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 and water distribution systems 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 Department. G. Developer has selected contractors for construction of the electric and water portions 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 Page 1 of 14 Page 36 of 215 construction dates have been included on data sheets entitled Contractor Firm Data Sheets, and are on file in the District's Electric and Water Departments. H. The following items are on file in the District office and incorporated herein by reference: • Development agreement application • Contracting firm data sheet— electric • Contracting firm data sheet—water • Temporary Blanket Public Utility Easement • Proof of Insurance • Project parcel map • Site and Improvement plans - electric • Site and Improvement plans -water • Estimated costs and calculation of fees — electric • Estimated costs and calculation of fees —water • Improvements by and Responsibilities of Developer— electric • Improvements by and Responsibilities of Developer- water • Improvements by and Responsibilities of District— electric • Improvements by and Responsibilities of District -water • Project documentation policy • TDPUD Electric Construction Standards • TDPUD Water Construction Standards 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 amount deposited, the District shall refund the difference within sixty (60) days of the date of unconditional acceptance of the electric and water distribution systems. 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. N/A 3. N/A 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 and 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 electric and water distribution systems. Page 2 of 14 Page 37 of 215 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 $2,000,000 for the death of or injury to more than one person in any one accident and $1,000,000 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 and water distribution systems are 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 that the right of subrogation is waived and that the coverage is provided on a primary and non-contributory basis. 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 underthis Agreement,however caused, regardless of any negligence of the District or its officers, agents or employees, except for the active negligence or willful misconduct of the District. 7. Improvements by and Responsibilities of Developer- Electric. Developer shall perform and be responsible for all labor and material expenses involved in performing the distribution system improvements described in the design drawings and outlined under the general construction notes entitled Customer to Supply and Install. 8. Improvements by and Responsibilities of Developer-Water. 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 (Exhibit A). 9. Improvements by and Responsibilities of District- Electric. The District shall assign a Project Administrator to oversee the Project. The District shall perform electric distribution system improvements at Developer's expense as described in the design drawings and outlined under the general construction notes entitled TDPUD to Supply to the Customer, for Installation by the Customer and TDPUD to Supply and Install at Customers Expense. 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. 10. Improvements by and Responsibilities of District—Water. 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 (Exhibit B). The construction costs deposited with the Page 3of14 Page 38 of 215 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. 11. Construction Inspection. The District shall inspect the construction from time to time, in order to determine that the electric and water distribution systems are 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. 12. Timely Construction Required. Construction of the electric and water distribution systems 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 and water distribution systems 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. 13. 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 repairs will be coordinated by District and charged to the Developer. 14. No Early Use of Project. Developer shall not request or obtain a temporary occupancy permit, final inspection approval, nor shall Developer use, or permit anyone else to use, any portion of the electric and water distribution systems on the Project, nor shall Developer use or permit anyone else to use any electric and water service supplied by the District, until the District has granted Conditional Acceptance in writing. Developer may, however, with the District's written permission and prior to conditional acceptance, use electricity or water for metered construction purposes. The District shall be entitled to terminate,without notice,any electric and water 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 and water distribution systems. 15. Completion of the System. Construction shall be deemed complete when the District determines that the electric and water distribution systems have been entirely finished, properly tested, and ready to service the Project in accordance with the District's Rules and Regulations and qualifies for Unconditional Acceptance. 16. Conditional Acceptance. When the District has determined that the electric and water Page 4 of 14 Page 39 of 215 distribution systems have been completed, the District may conditionally accept the system and may provide electric and water 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 and water services, then the District may, after providing thirty (30) days prior written notice, discontinue conditional electric and water service to the Project. Any electric and water service provided by the District prior to unconditional acceptance of the electric and water distribution systems shall be deemed conditional service. 17. Requirements 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 and water distribution systems. a. Developer shall execute an offer of dedication for the electric and water distribution systems 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. d. Developer shall provide the District with the appropriate permanent easements. e. 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 unconditional acceptance of the water distribution system and protect against any defects or failures in the system that may develop during that time. f. Developer shall provide the District with a statement of the "as-built" dollar value of the installed electric and water distribution systems with documentation to substantiate the stated value. g. Developer shall pay any outstanding costs and fees. 18. Responsibilities After Unconditional Acceptance. Prior to unconditional acceptance of the electric and water distribution systems by the District, Developer shall be responsible for all maintenance and repair of the electric and water distribution systems. Upon unconditional acceptance of the electric and water distribution systems by the District, the District shall thereafter own, operate, maintain, repair and replace the electric and water distribution systems, unless such repairs or replacements are covered by Developer's warranty. Thereafter, the District shall use its best efforts to provide adequate electric and water service to the Project upon request, completion of any permit requirements and payment of Page 5 of 14 Page 40 of 215 all appropriate fees and charges, in accordance with California law Town of Truckee, County of Nevada requirements and District Rules and Regulations. 19. Notices. Notices or requests from either party to the other shall be in writing and delivered or mailed, postage prepaid, to the following addresses: Tahoe Donner Association John Mitchel 11509 Northwoods Blvd Truckee, CA 96161 TRUCKEE DONNER PUBLIC UTILITY DISTRICT Attention: Contract Administrator 11570 Donner Pass Road Truckee, California 96161 20. 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 other party reasonable attorneys' fees and costs incurred therein or in the enforcement or collection of any judgment or award rendered therein. 22. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter contained in this Agreement which are not fully expressed herein. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of all parties to this Agreement. 23. 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 Page 6 of 14 Page 41 of 215 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. The item shall be agendized 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 attorney's fees or costs, even if they 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 maintained only in the courts in the Superior Court in and for the County of Nevada, California, if in state court, or the Federal Court for the Eastern District of California, if in federal court. 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. 26. 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. 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 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. 28. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 29. Water Pipeline Construction and Reimbursement. The DISTRICT has identified the need to replace the existing water distribution system piping throughout the Tahoe Donner Ski Bowl Condominium complex. This includes piping in the immediate vicinity of the Project. The DISTRICT has delayed this pipeline replacement work to avoid conflicts with construction of the Project. The DISTRICT intends to undertake this pipeline replacement work within three years of completion of the Project. The scope of the Project includes placing new asphalt pavement in the immediate vicinity of the new base lodge structure. It is planned to install replacement water pipelines in this area. In order to avoid disturbing any newly placed asphalt, the Developer agrees to install approximately 455 feet of new water distribution piping and appurtenances as depicted on the approved Project drawings. Page 7 of 14 Page 42 of 215 The DISTRICT agrees to reimburse the Developer for the cost of installing this piping in accordance with the attached cost estimate. Final payment for this work shall be based upon the unit prices given in the cost estimate and the actual quantities installed in the field as measured by the DISTRICT. Reimbursement to the Developer shall not be made until Unconditional Acceptance of the Project is achieved. The conditions for Unconditional Acceptance are described in this Development Agreement. Upon Unconditional Acceptance, the Developer shall submit an invoice or letter to the DISTRICT requesting reimbursement for the pipeline installation work. 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: Annie Rosenfeld, General Manager Tahoe Donner Association Dated: Brian C. Wright, General Manager Truckee Donner Public Utility District Page 8 of 14 Page 43 of 215 ESTIMATED ELECTRIC FEES FACILITIES, CONNECTION,AND METERING TD DOWNHILL SKI LODGE WO#22-644470 Date: 4/17/2024 1.FACILITIES FEES Qty Charge Total 30 1200A 277/480V 1 $26,975.00 $26,975.00 Total Facilities Fees $26,975.00 2.CONNECTION FEES esign, installation and inspection of primary an Material cost $ 29,152.01 econdary cables,transformer and electric mete Labor cost $46,295.82 Total Connection Fees $ 75,447.84 3.METERING FEES (1)9S CL20 meter and CTs Material cost $2,248.00 Labor cost $1,334.84 Setup&Admin Fee $115.00 Total Metering Fees $3,697.85 TOTAL $106,120.69 Project Documentation Deposit (see note 1.) 5.0% $3,957.28 $1000 minimum deposit GRAND TOTAL $110,077.97 Deposit received 12/15/22 Deposit Received ($1,000.00) BALANCE DUE $109,077.97 Note: 1.The Project Documentation Deposit will be refunded to the developer when the project as-built drawings have been submitted to and accepted bythe District in accordance with District policy, See Development Agreement for As-Built policy. 2. Long lead times exist for required project materials. Project materials will not be ordered until fees are paid in full to the District. Page 10 of 14 Page 44 of 215 General Construction Notes: TRUCKEE DONNER PUD-ELECTRICAL DESCRIPTION OF WORK PROJECT NOTES CUSTOMER TO SUPPLY AND INSTALL,AS INDICATED ON THESE DOCUMENTS: Site Work Electric Work O - Primary Overhead TRUCKEE DONNE Poles • •�' Secondary Overhead CD CV Vaults&Boxes N Primary Underground ❑ El MSecondary Underground Switching Facility ■ ■ F-1 Transformers d d d Vicinity Map c Transformer Pads � ❑ m m a� m Barrier Posts x M . Trench Work • �� Meter Panels TDPUD TO SUPPLY TO THE CUSTOMER,FOR INSTALLATION BY THE CUSTOMER: 1 ■ TDPUD TO SUPPLY AND INSTALL AT CUSTOMER EXPENSE Sheet Index: (NOT A COMPLETE LIST): ■ • Truckee, California �5 ] RUCKEE DONNE UBLIC UTILITY DISTRIC Private Access Rd 1/5/2023 0 ` - 30 co - W Retire 'A O U Q� 113 KVA J Qy� — cn CIO 0 J F-.F- 1A85 J J ❑ �U z O Q � (n wo- Z � 00 0 Z 0o ti �_ wLr) 0 w� w Y W U 0 u_ � > F- 0 2 w U 0' H U w J LL' Page 46 of 215� 11509 RUCKEE DONNE UBLIC UTILITY DISTRIC 1/5/2023 4 � 0 0 P r i v a t ess Rd 1 ' = K 1 3 W C) CD U) � 0 60 p o(0 04 J Lot #RrF — c Jo v) Z)U 11585 J U a U 16363 3 Phase Pad/Vault 0 z 577TD Traffic Cover �, 11507 Z L- ZC 00 Do 3 � wLO 0 L 0 a J Y O w 11631 Page 47 of 215� 11509 RUCKEE DONNE UBLIC UTILITY DISTRIC 1/5/2023 4 � 0 0 Private Access Rd 1 ' =T 30 ' G. W v O 0 Lot #R N O o� J �� M 11585 J o C/) 0 ^ JID 16363 0 J � 11507 z lot ' O wo- Z � o 0 Do � wr-- oLL Y� U o J Z O FNote ---- 11631 : Conduit lengths are approximate. Page 48 of 215� 11509 RUCKEE DONNE UBLIC UTILITY DISTRIC 1/5/2023 4 � 0 0 Private Access Rd 1 ' = 30 UJ ,�9V gal ■ M p _ 0(0 v Lot #R m �� JL . N v) �— O �U 11585 J U 577TD J U Vault 16363 ` z �� 0 C � ABC Phase 11507 wo- �` 500 KVA o z aD ir` 480Y/277 Volts Q O C 0 qec�A, Q p o 3 'so w w� Y U o u_ 0 a J U H U w J LL' 11631 Page 49 of 215� Estimated Water Fees TD Downhill Ski Area Base Lodge WO # - 22-744470 The Estimated Costs are as follows: Administrative and design $ 1,000.00 Engineering & modeling 0.00 Construction and inspection 1,500.00 Project documentation deposit 5,000.00 Total Estimated Costs $ 7,500.00 The Fees as follows: Total Fees $ 0.00 Total Estimated Costs & Fees $ 7,500.00 Less Deposit Paid in Advance ( 1,000.00) BALANCE DUE $ 6,500M Page 11 of 14 Page 50 of 215 Exhibit A Improvements by and Responsibilities of Developer 1. Schedule a pre-construction meeting with District staff and the pipeline contractor. 2. Provide all permits required. 3. Provide all traffic control and trench protection as required per applicable laws and TDPUD field supervisor's requirements. 4. Construct water system improvements per approved plans/construction drawing. 5. Water facilities constructed under this "Development Agreement/Estimate of Water Construction"shall be constructed by appropriately licensed contractors. Contractors shall have current and active licenses issued by the California Department of Consumer Affairs, Contractors License Board. The appropriate licenses for water system construction are typically "A — General Engineering Contractor", or "C34 — Pipeline Contractor". 6. All construction to meet or exceed requirements of the current District WATER SYSTEM CONSTRUCTION STANDARDS. 7. Perform all water pipeline testing and disinfection per requirements of WATER SYSTEM CONSTRUCTION STANDARDS. 8. Provide compaction test results by a licensed professional. 9. Schedule main taps and meter installations with the Water Superintendent(Earl Smith 582-3955). A minimum of five working days notification is required for District crew scheduling. 10. Contact Clay Walker(582-3926)to confirm cross connection installation requirements (equipment, location, testing, etc.). 11. Compile and submit project documentation drawings in accordance with District requirements. 12. 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. Page 12 of 14 Page 51 of 215 13. Schedule and attend final walk through inspection with contractor and District representatives. Page 13 of 14 Page 52 of 215 Exhibit B Improvements by and Responsibilities of District 1. Operate water system as required including customer notification (outages), system shut-down and system flushing. 2. Attend pre-construction meeting. 3. Inspect installation and construction of Project. 4. Relocate the existing 1.5" water meter to the new point of service 5. Observe pressure testing & disinfection activities. 6. Take bacteriological samples. 7. Review, approve and inspect installation of all required backflow prevention equipment. 8. Attend final walk thru inspection and prepare punch list if necessary. Page 14 of 14 Page 53 of 215 Tahoe Donner Downhill Ski Lodge Project - TDPUD Water Line Costs Bid Item Description Quantity Uni Unit Price** Total t 1 Mobilization / Demobilization / BMPs 1 LS 1,209.65 1,209.65 2 Surveying 1 LS 1,907.93 1,907.93 3 Slalom Way Temporary Connection (8x8x6 'T') 1 LS 1,813.00 1,813.00 4 FL Tee with RFCA 1 6" FL GV 1 FL x MJ bend 1 5 8-Inch Water Main incl. Trenching and Backfill 455 LF 234.00 106,470.00 6 8-Inch Gate Valves 3 EA 2,881.00 8,643.00 7 6-Inch Gate Valve 1 EA 2,637.00 2,637.00 8 8" Mechanical Joint Cap Fittings 3 EA 799.00 2,397.00 9 ARV Assembly 1 EA 7,428.00 7,428.00 10 New Fire Hydrant 1 EA 16,075.00 16,075.00 11 Reconnect Water Services to Condos 1 LS 11,512.00 11,512.00 2" HDPE Service Line 2 1" WM Assembly 2 Abandon Each (E) Service at Corp Stop 2 12 Compaction testing for water lines 1 LS 1,936.00 1,936.00 13 Pressure testing 1 LS 4,235.00 4,235.00 14 Disinfection and flushing 1 LS 4,235.00 4,235.00 GC Subtotal $170,498.58 15 General Conditions 1 % 6.2% 10,541.68 16 GC Insurance 1 % 1.0% 1,704.99 17 GC Fee 1 % 4.0% 7,241.61 GC Total $189 986.85 18 Owner Rep. CM 1 % 1.3% 2,533.91 Grand Total $192,520.76 **Includes Prevailing Wage Rates Page 54 of 215