HomeMy WebLinkAboutReso 1990-226 - Approving the "subdivision and park construction agreement for country heights park" RESOLUTION NO. Jo �,Z.IG
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE "SUBDIVISION AND PARK CONSTRUCTION AGREEMENT
FOR COUNTRY HEIGHTS PARK" DATED MAY 15 , 1990 , BETWEEN THE
CITY OF REDDING AND COUNTRY HEIGHTS LIMITED PARTNERSHIP, AND
AUTHORIZING THE MAYOR TO SIGN.
WHEREAS, the Developer of the Country Heights Park has (1)
had the park site on the tentative map approved by the Planning
Commission; (2) had the development plans and specifications
approved by the Recreation and Parks Commission and City staff;
and (3) received City Council approval on July 5 , 1989 , for a
credit of in-lieu park fees and park-development fees; and
WHEREAS, under the Council Policy adopted by City Council on
July 18 , 1989 , Resolution No. 89-235 , AS AMENDED by a concurrent
Resolution dated May 15 , 1990 (Exhibit C to attached Agreement) ,
the maximum credit to be received by Developer is 100% of the
in-lieu park fees and 50% of the park-development fee; and
WHEREAS , Developer and City wish to formalize an agreement
for the construction of the Country Heights Park;
NOW, THEREFORE , IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1 . That the above recitals are true and correct.
2 . That the City Council of the City of Redding hereby
approves the "Subdivision and Park Construction Agreement for
Country Heights Park" dated May 15 , 1990 , between the City of
Redding and Country Heights Limited Partnership, a true copy of
which is attached hereto and incorporated herein by reference.
3 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement on behalf of the
City of Redding; and the City Clerk is hereby authorized and
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directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding.
4 . That the City Manager of the City of Redding is hereby
authorized and directed to sign all future amendments to said
Agreement, if any, on behalf of the City of Redding; and the City
Clerk is hereby authorized and directed to attest the signature
of the City Manager and to impress the official seal of the City
of Redding on said amendments, when appropriate.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 15th day of May, 1990 , and was duly
adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss, Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
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N CY B FUM, M /�.'
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City o Redding
ATTEST:
ETHEL A. NICHOLS , City Clerk
FOR APPROVED:
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• A NDALL A. HAYS,/City Attorney
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SUBDIVISION AND PARK CONSTRUCTION AGREEMENT
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COUNTRY HEIGHTS PARK
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'; i THIS AGREEMENT is made and entered into as of the 15th day
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of May, 1990 , by and between the CITY OF REDDING, a Municipal
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Corporation, of 760 Parkview Avenue, Redding, California 96001-
3396 , hereinafter called "CITY, " and COUNTRY HEIGHTS LIMITED
PARTNERSHIP (consisting of SIGNATURE DEVELOPMENT CORPORATION and
NORTHWEST OMNI INC. ) , of 150 East Cypress Street, Suite D,
,I Redding, California 96002 , hereinafter called "DEVELOPER, " who
, agree as follows:
WHEREAS, CITY has approved a tentative map submitted by
DEVELOPER to construct a 289-lot Subdivision, consisting of 25
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lots in Crystal Tree Park and 264 lots in Units 1 through 8 of
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Country Heights Subdivision, hereinafter called "Subdivision" ;
and
I' WHEREAS , as a condition of approval of said map, CITY
required the dedication of a park site, to be named COUNTRY
I� HEIGHTS PARK, hereinafter called "Park, " the location of which is
described in Exhibit "A" attached hereto and incorporated herein
by reference; and
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WHEREAS, CITY and DEVELOPER wish to see the Park developed
at the same time as the rest of the improvements in the
Subdivision, for the use and enjoyment of the residents who will
live in the Subdivision; and
WHEREAS , CITY has prepared plans and specifications dated
October 1989 , consisting of a landscape plan, a grading plan, and
a site plan; and
WHEREAS , DEVELOPER has obtained four bids to construct the
Park; the lowest bid with sod was by SUNCHASERS in the amount of
$83 , 100 .00; and
WHEREAS, in order to recover its costs of constructing the
Park site, DEVELOPER wishes to receive a refund and/or credit for
100% of the In-lieu Park fees (Redding Municipal Code Chapter
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17 .42) and 50% of the Park Fund fees (Redding Municipal Code
Chapter 16 . 05) generated by the Subdivision, until DEVELOPER has
been fully reimbursed OR until expiration of the term of this
Agreement, whichever is earlier. However, DEVELOPER is not to
receive an amount of dollars and/or credit in excess of its
maximum costs (bid price, plus CITY-approved change orders, plus
performance bond costs, plus water and electric meters and
connection charges) for construction of the Park.
NOW, THEREFORE, IT IS HEREBY UNDERSTOOD AND AGREED by and
between the parties hereto as follows:
1 . DEVELOPER covenants and agrees, at its own expense, to
furnish all labor, materials, tools, and equipment, and to
it
perform all the work required to construct and complete a Park
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site , including turf, plants, and irrigation system, to be named
COUNTRY HEIGHTS PARK, the location of which is set forth in
Exhibit "A" attached hereto,
* in a good and workmanlike manner;
* in strict compliance with the plans and specifications
furnished by the City of Redding, copies of which are
attached hereto as part of Exhibit "B° and made a part
hereof by reference;
* in accordance with the City Council' s Policy on credit
for park and recreational facilities provided by
subdivisions, as set forth in Resolution No. 89-235 and
its amending Resolution of May 15 , 1990--copies of
which are attached hereto as Exhibit "C" and made a
part hereof by reference;
* to the satisfaction of the CITY' s Director of
Recreation and Parks or his designated representative,
and the Director of Public Works or his designated
representative; and
* to guarantee the irrigation system and appurtenances
for a period of one (1) year after acceptance thereof
by CITY;
and that failure to do so shall constitute a material breach of
this Agreement and grounds for the cancellation thereof by CITY
as hereinafter provided. DEVELOPER will also pay all bills
related to work performed within 30 days of receipt thereof.
2 . DEVELOPER has entered into a Contract Agreement with
SUNCHASERS, as Contractor, to construct said Park on behalf of
DEVELOPER for a total sum of $83 ,100 .00; that a true copy of said
Contract Agreement is attached hereto as Exhibit "B" and made a
part hereof by reference. On request, DEVELOPER will provide
CITY with an accurate record of the name of each SUNCHASERS
employee who works on this construction job; his or her social
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,, security number; the type of work completed by each employee; the
total number of hours worked under each type-of-work category;
: I and the amount paid each employee for said work.
3 . CITY is to approve the Contract between DEVELOPER and
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SUNCHASERS prior to commencement of construction of the Park; and
am change orders thereafter.
4 . DEVELOPER will ensure that water and electric meters
are installed and the connection charges therefor are paid, as a
' i part of DEVELOPER' s costs to construct a complete Park site.
5 . DEVELOPER will arrange a preconstruction conference
meeting between DEVELOPER, SUNCHASERS, and representatives of
CITY.
6 . CITY will allow SUNCHASERS right-of-entry on the land
dedicated by DEVELOPER for construction of the Park.
7 . CITY is to inspect and approve all Park construction
work. DEVELOPER will permit CITY to inspect all construction
work and any improvements thereon or therein at all reasonable
times until all improvements are accepted by CITY.
8 . All work is to be completed within 120 calendar days of
co=nencement of construction, i.e. , completion on or before
September 13 , 1990 . Following said completion date, SUNCHASERS
and/or DEVELOPER will maintain the irrigation system and turf
area and ensure that the turf and plants are established for a
period of 90 days . During this 90-day period, or until
acceptance of the plants, turf area, and irrigation system by
CITY, whichever is the latest date, and provided CITY has
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!j� collected sufficient In-lieu Park fees and Park Fund fees to
refund the approved total cost to DEVELOPER, CITY will withhold
ten percent (10%) of the approved total cost. Said 10% with-
holding will be in force until CITY accepts all improvements, and
until CITY has sufficient fees to reimburse DEVELOPER.
li 9 . Until acceptance of the completed Park site, including
'I the turf area, plants, and irrigation system, by the CITY,
DEVELOPER shall have the charge and care of the work and of the
materials to be used therein (including materials for which it
has received partial payment) , and shall bear the risk of injury,
loss, or damage to any part thereof by the action of the elements
or from any other cause, whether arising from the execution or
nonexecution of the work, except in the event damage to the work
is caused by a storm, flood, or earthquake, which constitute an
"Occurrence. " The term "Occurrence" shall include an earthquake
in excess of a magnitude of 3 . 5 on the Richter Scale, and storms
and floods as to which the Governor has proclaimed a state of
emergency, when the damaged work is located within the terri-
torial limits to which such proclamation is applicable.
10 . The term of this Agreement is five (5) years, com-
mencing May 15 , 1990 , and terminating May 14 , 1995 .
11 . Repayment to DEVELOPER for performance of this
Agreement shall be as follows:
A. It is agreed that the amount to be refunded and/or credited
to DEVELOPER during the term of this Agreement, on the dates
and in the manner set forth below, for construction of a
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V complete Park site will not exceed the bid price of
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$83, 100 . 00 , plus CITY-approved change orders, plus
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, 1 performance bond costs, plus the meter and connection
charges (hereinafter collectively referred to as the
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I "approved total cost") ; AND THAT said refund/credit to
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DEVELOPER is subject to sufficient development occurring in
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the Subdivision to create the In-lieu Park fees and Park
01 Fund fees necessary to reimburse DEVELOPER.
, , B. Upon acceptance of the completed Park site (prior to the
90-day maintenance period referred to above) by CITY,
PROVIDED CITY has collected sufficient revenue from the
In-lieu Park fees and Park Fund fees generated by the
, I Subdivision (hereinafter called "revenue") , CITY will
reimburse DEVELOPER ninety percent (90%) of the "approved
total cost" OR the actual amount of revenue so collected,
whichever is less.
C. After the 90-day withholding period for establishment of the
turf area and plants and maintenance of the irrigation
system, and upon acceptance thereof by CITY, PROVIDED CITY
has collected sufficient revenue from the In-lieu Park fees
and Park Fund fees generated by the Subdivision, CITY will
reimburse DEVELOPER ten percent (10%) of the "approved total
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cost" OR the actual amount of revenue so collected,
' ! whichever is less.
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D. If insufficient fees have been collected by CITY to
reimburse 100% of the "approved total cost" to DEVELOPER as
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set forth in paragraphs 11B. and 11C. above, and only until
expiration of the term of this Agreement OR payment in full
j to DEVELOPER, whichever is earlier, CITY will:
(a) credit DEVELOPER for those In-lieu Park fees and Park
' ! Fund fees due and owing by DEVELOPER for development by
' ( it in the Subdivision; and
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(b) continue refunding to DEVELOPER the revenue collected
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H from other developers in the Subdivision, as set forth
below.
E. All refunds to DEVELOPER shall occur on July 1 , October 1 ,
' ; ' January 1 , and April 1 of each year until such time as the
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term of this Agreement has expired OR DEVELOPER has been
reimbursed its "approved total cost, " whichever is earlier.
II F. At the end of the five-year term of this Agreement, if
revenue to the CITY from In-lieu Park fees and Park Fund
fees generated by the Subdivision is less than the "approved
total cost, " only the amount of revenue so collected shall
be paid by CITY to DEVELOPER, and DEVELOPER agrees to accept
such payment in full and complete settlement of CITY' s
, obligation to reimburse DEVELOPER for its "approved total
cost" during the term of this Agreement. DEVELOPER shall
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not be reimbursed further from the remaining outstanding
In-lieu Park fees and Park Fund fees to be realized by CITY
from development of the Subdivision after the termination of
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this Agreement, whether paid by DEVELOPER or other persons.
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G. DEVELOPER agrees to receive and accept the above-mentioned
"approved total cost, " OR the lesser amount outlined in
paragraph 11F. if CITY shall not collect sufficient revenue
from the In-lieu Park fees and Park Fund fees generated by
the Subdivision, as full compensation for the furnishing of
materials and completion of the work contemplated and
embraced in this Agreement, and for all loss or damage
arising out of the nature of the aforesaid work, or from the
action of the elements, or from any unforeseen difficulties
or obstructions which may arise or be encountered in the
prosecution of the work until its acceptance by the City,
and for all risks of every description connected with the
work, and for all expenses incurred by or in consequence of
the suspension or discontinuance of the work, and for well
and faithfully completing the work and the whole thereof in
the manner and in accordance with the terms of this
Agreement.
12 . Before the effective date of this Agreement, DEVELOPER
shall file with the CITY surety bonds satisfactory to CITY in the
amounts and for the purposes noted below. Bonds shall be duly
executed by a responsible corporate Surety authorized to issue
such bonds in the State of California, and secured through an
authorized agent with an office in California. DEVELOPER shall
pay all bond premiums, costs, and incidentals.
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Each bond shall incorporate, by reference, this Agreement;
be signed by both the DEVELOPER and the Surety; and the signature
of the authorized agent of the Surety shall be notarized.
' DEVELOPER shall provide CITY two good and sufficient surety
bonds:
! ! (1) The "Payment Bond" (Material and Labor Bond) shall be
for not less than 100 percent of the bid price to
satisfy claims of material suppliers and of mechanics
and laborers employed in the construction of the Park
site. The bond shall be maintained by the DEVELOPER in
full force and effect until the Park site and all
improvements are accepted by CITY, and until all claims
for materials and labor are paid, and shall otherwise
comply with the Civil Code.
(2) The "Performance Bond" shall be for 100 percent of the
bid price to guarantee faithful performance of all
work, within the time prescribed, in a manner satis-
factory to CITY, and that all materials and workmanship
will be free from original or developed defects.
Should any bond become insufficient, DEVELOPER shall renew
H the bond within 10 days after receiving notice from CITY.
Should any Surety at any time be unsatisfactory to CITY,
notice will be given DEVELOPER to that effect. No further
payments shall be deemed due or will be made under this Agreement
until a new Surety shall qualify and be accepted by CITY.
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Changes in the bid price, the work to be performed, or
extensions of time made pursuant to this Agreement shall in no
way release DEVELOPER or the Surety from its obligations. Notice
of such changes or extensions shall be waived by the Surety.
13 . DEVELOPER covenants and agrees to comply with all
statutes, laws, ordinances, regulations, orders, judgments,
decrees , directions, and requirements of CITY, and of all
j Federal, State, County, and City authorities now in force or
which may hereafter be in force applicable to construction of
this Park site.
14 . This Agreement is granted upon the express condition
that CITY shall be free from any and all liability and claims for
damages for personal injury, death, or property damage in any way
connected with the work to be provided under this Agreement by
DEVELOPER, including claims of DEVELOPER, its partners, agents,
and employees . DEVELOPER shall indemnify and save harmless CITY,
its officers, agents, and employees, from anv and all claims,
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liability, loss , cost or obligation on account of or arising out
of any such claim, injury, death or loss caused by the negligence
or other legal fault of DEVELOPER or its partners, agents, and
employees, or in connection with DEVELOPER' s contract with
StNCHASERS.
15 . It is further understood and agreed as a condition of
this Agreement that DEVELOPER shall, at its own expense, obtain
from a company authorized to do business in the State of
California, and keep in full force and effect, comprehensive
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it general liability insurance in an amount not less than
$500 ,000 .00 combined single limits. The policy covering said
insurance coverage shall name the CITY, its officers, agents, and
employees, as additional insured, and shall further contain a
provision obligating the insurance carrier to notify CITY in
writing at least ten (10) days prior to any cancellation or
reduction of such insurance . A Certificate of Insurance
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evidencing such coverage and notice requirement shall be approved
by City' s Risk Manager and filed with him prior to the commence-
ment of services under this Agreement.
16 . This Agreement and the plans and specifications
prepared by the CITY, consisting of a landscape plan, a grading
plan, and a site plan dated October 1989 , set forth the entire
i . agreement between the parties hereto. Modifications or additions
thereto shall be considered valid only when mutually agreed upon
by the parties in writing.
1 17 . DEVELOPER shall not assign this Agreement or any
interest therein.
18 . The parties hereto agree to fully cooperate in carrying
out the terms of this Agreement, including the execution of all
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documents reasonably necessary to effectuate the intention of the
parties.
19 . No delay or failure by any party to exercise any right,
ill Dower, or remedy with regard to any breach or default by such
party under this Agreement, or to insist upon strict performance
of any of the provisions hereof, shall impair any right, power,
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or remedy of such party, and shall not be construed to be a
waiver of any breach or default of the same or any other
provisions of this Agreement.
20 . In the event any covenant, condition, or provision
herein contained is held invalid by any Court of competent
jurisdiction, the invalidity of same shall in no way affect any
other covenant, condition, or provision herein contained,
provided that the validity of any such covenant, condition, or
provision does not materially prejudice either CITY or DEVELOPER
in their respective rights and obligations contained in the valid
covenants, conditions , and provisions of this Agreement.
21 . In case suit or action is instituted to enforce any of
the provisions of this Agreement, the prevailing party therein
shall be entitled to attorney' s fees and other sums as may be
ad=udged reasonable and necessary at trial and on appeal.
22. Whenever DEVELOPER is required to secure approval or
consent from CITY, CITY shall mean CITY' s Director of Recreation
and Parks or his designated representative, and the Director of
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Public Works or his designated representative. However, at the
option of either Director or the DEVELOPER, and according to
( , proper procedure, any such questions may be referred to the City
Council of the City of Redding, whose decision thereon shall be
final.
23 . Any notices or demands that may be given by either
party hereunder, including notice of default and notice of
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1 termination, shall be deemed to have been fully and properly
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given when made in writing, enclosed in a sealed envelope, and
deposited in the United States Post Office, certified mail,
postage prepaid, addressed as follows: To CITY c/o City Manager,
760 Parkview Avenue, Redding, California 96001-3396 ; and to
DEVELOPER at 150 East Cypress Street, Suite D, Redding,
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California 96002 .
' 24 . In carrying out the work to be performed under this
Agreement, it is understood and agreed that DEVELOPER is acting
as an independent contractor, and not as an employee of CITY.
25 . Future amendments to this Agreement and/or Change
Orders, if any, may be executed by the City Manager of CITY.
26 . All covenants, stipulations, and agreements in this
Agreement shall extend to and bind the legal representatives,
successors, and assigns of the respective parties hereto.
27 . It has been determined that this matter is not subject
to the provisions of the California Environmental Quality Act.
IN WITNESS WHEREOF, the parties hereto have set their hands
in the presence of their respective Officers duly authorized in
that behalf on the day and year set forth below.
CITY OF REDDING
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DATED: , 1990 By:
NANCY BUFFUM, Mayor
[signatures continued on page 14]
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SIGNATURES TO SUBDIVISION AND PARK CONSTRUCTION AGREEMENT FOR
COUNTRY HEIGHTS PARK DATED MAY 15 , 1990 , CONTINUED:
COUNTRY HEIGHTS LIMITED PARTNERSHIP
By:
(1) SIGNATURE DEVELOPMENT CORPORATION
DATED: , 1990
PAUL EDGREN, President �~
Co-General Partner
(2) NORTHWEST OMNI INC.
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DATED: , 1990
FRED BERGSTROM, President
Co-General Partner
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ATTEST:
ETHEL A. NICHOLS, CITY Clerk
FORM APPROVED:
RANDALL A. HAYS, CITY Attorney
III
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EXHIBIT A
PARK SITE
Pa cel "B" as shown on the map of Country Heights Estates Subdivision No. S-11-87, Unit 3,
filed for record in Book 19 of Maps at Page 24, Shasta County Records.
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A2-13M.CA
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CONTRACT AGREEMENT
-__s contract acreement is made this 1st day of March 1390 by and
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h__ween Sunchasers Contractors License #C-273352i9 hereinafter
' i called "Contractor" and Country Heights Li_ited Partnership,
hereinafter called "Owner" .
The parties agree as .ollows :
ARTICLE I : Contractor agrees to furnish all labor; equipment,
t_ ols , materials and other necessary items tc complete all work
described in Article II for Owner in accordance with all
ulatory authorities, including but not limited to the City of
Redding The contractor shall coracle=e al_ work in stric
cn- -fiance with the plans and specifications furnished by the
C__" cf Redding labeled "Exhibit A" attached hereto and made a
H _=t hereof. Further all work shall be completed to comply with
all manufacturer ' s and material suppliers specifications .
work will be inspected by the City of Redding. Contractor
a==egis to have a meeting with the City prior to signing this
c_-tract. The purpose of the meeting will be for Contractor to be
se=e he understands the scope of the work.
ARTICLE iI : The work to be performed by Contractor under this
a=reerr.ent is as follows : Contractor shall complete all work to
b__ld Country Heights Park as same is shown on the attached plans
-- = specifications . It is agreed by Contractor that he is
! ._.'_ildinc a complete park and that if for any reason an item or
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items is not shown on the plans which should have been shown to
ha-.-e a complete and functioning park then said item( s ) shall be
furnished by Contractor without any additional payment by Owner.
All grass areas specified shall be sod which shall be approved by
the City prior to placement.
ARTICLE Iii: For the above work owner shall pay Contractor the
tt _al sum of $83, 100 . 00 ( eighty three thousand one hundred
dollars ) , payable as follows : Owner or Owners representative will
cn=e a month inspect all work completed at that point. Owner or
O--ers representative will then calculate the percentage of which
wo=k is complete. Owner will then authorize payment to to
Contractor ' in the amount of 90% of the amount of work completed
during said period. Payment will be made to Contractor within 10
i d_-:s of said inspection. No work shall be deened approved until
_c_epted by the City of Redding. Prior to cayment Contractor
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shall provide to owner Lien Releases from all subcontractors and
_ a=erials suppliers . The final 10% of the contract price shall be
=id to contractor within 10 days of final acceptance of all
movements by the City of Redding. This is a lump sum contract
and no adjustment will be made if the actual quantities differ
from estimates. All work shall be completed by July 15, 1990.
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____CLE V. Contractor agrees to provide his emolcvees with safe
tools and equipment, to provide them with a safe place to work
and to perform the work under this contract in a safe manner with
ni=h retard for the safety of his emplcv_es and others on the job
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site , and to comply with all safety laws and re=ulations of all
clic authorities having regulatory jurisdiction over
I' performance formance of the work. Contractor shall assume the defense of
and indemnify and save harmless Owner and the City of Redding
fro= claims, loss, damage, injury, death and liability of every
::_n_ and nature and description. Contractor shall provide public
liability insurance naming owner and the City cf Redding as also
insured with a minimum coverage of at least S500, 000 . 00 . In
c--_-tion Contractor shall keep in force at all times workers
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1 co=rensatio__ insurance as required by law. Contractor shall
- -i -ide certificates or other w r: - -__ — _:�.-cc..c of the insurance
1 cc-_=race specified herein.
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=RTICLE VI . Contractor agrees to keep an accurate record of
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the total number of hours each employees works on this job.
Contract shall furnish to Owner, prior to final payment, a list
, s-c ling each employee that has worked on this job together :;ith
1 tc employees Social Security number, the type cf work completed
' b_ the employee ( listed by day) and the amount paid to each
en=-ogees .
ARTICLE VII : This document cons the entire agreement
h=---. .n the parties . There are no oral or other agreements or
understandings with respect to the matter set forth herein_. this
air_ement may not be modified, altered, interpreted, implemented
or otherwise affected as between the parties except by a written
. ; instrument executed by both parties. In the event of any lawsuits
'I a_=sing out of the performance of this contract the prevailing
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party shall be entitled to attorney ' s zees and court costs .
Executed at Redding, California on the date stated on page
1 cne of this greement.
•� This c••ritract shal not become eff-• tive until the attached
co-1 act w' t the City ••f Redding has •e=n full ' xecuted.
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-r-- Godd-:d, Sunc'-�ase s 'aul Edgren President
I - ccs - Signatur`velopment Corp.
i co Gener 1 Par=e er
! ,I '._Y / ". -/I ;C(---2:
Fred Bergtrom, President
Northwest CJ_•:NI inc.
I! co General `Pa_ tn_e_
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INDEX TO SPECIAL PROVISIONS
Section Title
I Introduction and Miscellaneous Requirements
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INDEX TO DRAWINGS
Number Title
; ; j A-6221 Country Heights Park/Site Plan (Sheet 1 of 3)
, G
A-6222 Country Heights Park/Landscape Plan (Sheet 2 of 3)
I A-6222-A Country Heights Park/Grading Plan (Sheet 3 of 3)
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III SECTION I INTRODUCTION AND MISCELLANEOUS REQUIREMENTS
A. SCOPE OF WORK
rl The work to be performed under this contract consists of the following:
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Clearing and grubbing, grading, concrete construction, installation of an
irrigation system, planting of trees, shrubs, turf grass, playground
equipment, and other appurtenances as required for the construction of
Country Heights Park.
B. SPECIAL CONDITIONS
Access to the Site
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The Developer/Contractor shall be responsible for all damages incurred to
public and private property which are directly related to his operation and
performance required to construct the work.
Construction Water
The Developer/Contractor may obtain water at no cost for contract purposes
from the fire hydrant located at the work site.
The Developer/Contractor shall install a two-inch control valve, which he
obtains from the City of Redding, on the hydrant designated to be the water
source.
Picnic Table
Picnic table shall be "Form Products" 7-PT-2B, color light brown.
Developer/Contractor shall install as per manufacturer's specifications.
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Park Bench
Park bench shall be "Timberform" Model No. 2140 contoured bench. Install
as per manufacturer' s specifications.
Playground Equipment
Playground equipment shall be "Timberform-2 Model No. 4646 play area.
Install as per manufacturer' s specifications .
Playground Backfill Material
Playground backfill material shall be 3/8 inch minus washed river-run
gravel . The Developer/Contractor shall submit samples to the- Parks
Department for approval prior to installation.
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1 Sports Equipment
1 Basketball equipment shall be "Game Time" Model No. 460 cantilevered post
with Model No. 854 cast-aluminum fan-shaped backboard and Model No. 423
ly, super goal with steel net or equal . Installation shall be as per
manufacturer' s specifications .
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, , C. MODIFICATIONS TO STANDARD SPECIFICATIONS (Green Book)
The construction of Country Heights Park shall conform to the "Standard
Specifications for Public Works Construction," 1988 edition. The following
i , specifications are modifications to the "Standard Specifications for Public
Works Construction."
SECTION 2-10 AUTHORITY OF BOARD AND INSPECTION
Add the following paragraph:
•
The City will not make inspections on weekends, holidays, or outside
- normal work hours except when agreed to by the Parks Department.
Depending on the situation, compensation may be demanded of the
Developer/Contractor if overtime inspections are required (withheld
from monies due the Developer/Contractor) .
SECTION 6-2 PROSECUTION OF WORK
Add this
paragraph:
i
Work Done by the Agency for the Developer/Contractor
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' i The City will not perform any work for the Developer/Contractor except
� in emergency situations or as agreed to by the Parks Department. The
City will be reimbursed for any work done for the Developer/Contractor
(withheld from monies due the Developer/Contractor) . This will include
1 all costs (direct straight time or overtime wages; all overhead,
administration, engineering, vehicle, and equipment costs) .
. ,1.
SECTION 201-1 PORTLAND CEMENT CONCRETE
` ' I Subsection 201-1 . 1. 1 General
Delete the second sentence of the first paragraph and add the following in
' its place:
All concrete used on this project shall have a minimum 28-day
compression strength of not less than 2,500 psi .
Subsection 201-3.2 ?remolded Joint Filler
The second paragraph shall read:
,
Premolded joist filler shall be: Preformed Expansion Joint Filler
(Bituminous Type) , ASTM D994.
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SECTION 201-4 CONCRETE CURING COMPOUND
Subsection 201-4. 1 General
The last paragraph shall read:
. i Unless otherwise specified, Type 2 (white pigmented) curing compound
shall be used.
I
SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS
Subsection 212-1.1. 1 Topsoil - General
The first sentence shall read:
1 Topsoil shall be Class A (imported) .
Subsection 212-1.2.3 Commercial Fertilizer
Commercial fertilizer for turf areas shall be Gro-Power regular (5-3-1) or
an approved equal .
Fertilizer tablets for trees shall be "Agriform," 21-gram size, with a
guaranteed analysis of 20-10-5 (N-P-K) or an approved equal .
Subsection 212-1.2.4 Organic Soil Amendment
Organic soil amendment shall be Type 1.
Subsection 212-1.2.5 Mulch
Mulch shall be Type 1 or Type 5, as specified on the plans or in the
specifications.
,. . i Subsection 212-1.4. 1 Plants - General
Delete the first sentence of the first paragraph and add the following:
Plant material shall be subject to the approval of the Parks Department
11
prior to it being planted on the site. In the event any plant material
; is rejected, it shall be removed from the site immediately and replaced
• with suitable plants of the same species and variety.
Subsection 212-1 .4.2 Trees
Delete the first, second, third, and fourth sentences of the first
•
paragraph and add the following:
I All trees shall be of the sizes , types, and varieties specified in the
plant list and/or on the drawings .
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Subsection 212-1.4.5 Sod and Stolons (Turf Grass)
Delete this section and add the following:
Sod shall be fresh, clean, living sections of an approved sod blend
" 5/8-inch thick with a top growth of 1/2 inch minimum. The sod shall be
free of turf disease, insections or weeds, and capable of healthy vigorous
growth.
Subsection 212-1.5.3 Tree Stakes
Delete entire section and add the following:
Tree stakes shall be 2-inch diameter x 8-foot long, treated l odgepol e
' I. . pine, and free of knots and splits, or an approved substitute.
Tree ties shall be green plastic-tie material , 1-inch wide, with a
tensile strength of 500 lbs, or an approved substitute.
Subsection 212-2.1.3 Plastic Pipe for Use With Solvent Weld Socket or
Threaded Fittings
Delete first sentence of second paragraph and add the following:
Waterlines shall be Schedule 40 PVC for supply lines, mains, waterlines
under pavement, and PVC Class 200 for laterals or as specified on the
drawings.
Delete third sentence of third paragraph and add the following:
Plastic pipe fittings and coupling shall be PVC 1 or PVC 1/11 material
supplied as follows: Schedule 40 fittings and coupling for lateral and
main pipe.
Subsection 212-2.2.4 Remote-Control Valves
Delete existing paragraph and substitute the following:
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Remote-control valves shall be electrically operated. They shall be
brass , glass filled, and/or corrosion-resistant material with
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accurately machined valve surfaces and components , equipped with
flow-control adjustments and capability for manual operation. They
shall be made so that they may be readily disassembled for servicing.
r Schedule 80 PVC unions shall be installed on both sides of valve.
Subsection 212-2.2.7 Valve Boxes
Add to the first sentence: " . . . .Portland cement concrete or green
plastic. "
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Subsection 212-2.3 Backflow Preventer Assembly
Add the following:
Double-check valve backflow preventer enclosure shall be Le Meur BF
18"x42"x30" high, color desert tan. Developer/Contractor shall install
as per manufacturer' s specifications.
Subsection 212-2.4 Sprinkler Equipment
iI Second sentence of first paragraph shall read:
fl I
Such equipment shall be brass, bronze, stainless steel , and/or heavy
duty, high-strength plastic, except for minor components.
I
Subsection 212-3.3 Controller Unit
Add the following to the first paragraph:
I , I Controller unit enclosure shall be Le Meur Model AK, color desert tan.
Developer/Contractor shall install as per manufacturer's
specifications.
SECTION 303-5 CONCRETE CURB, WALKS, GUTTERS, DRIVEWAY, AND ALLEY
INTERSECTIONS
Subsection 303-5.1.1 General
The first sentence of the second paragraph shall read in part:
". . . . , the minimum thickness of walk shall be four inches (100 mm) . "
, i Add the following paragraphs:
walkway Developer/Contractor shall construct concrete
p in park to a
smooth and uniform grade without any abrupt changes in slope. The City
will not stake grade for the walkway.
The Developer/Contractor shall be responsible for establishing grade
for the concrete walkway.
Subsection 303-5.4.2 Expansion Joints
Delete the first sentence of the third paragraph and substitute the
following:
is Expansion joint filler 1/2-inch (13mm) thick shall be placed in walk at
the BC and EC of all walk returns , around all utility poles which may
project into the concrete along the line of the work, and between the
walk and all buildings or other structures at the right-of-way line or
when required by the Parks Department. Expansion joints shall he
spaced at intervals of 15 feet on center.
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Subsection 303-5 .6 Curing
The first paragraph shall read:
-
Immediately after finishing operations for sidewalks are completed,
Type 2 (white pigmented) curing compound shall be applied.
SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION
' I
' ! Subsection 308-2.2 Trench Excavation and Backfill
i Change Item No. 3, the first sentence of second
paragraph to read:
Lateral sprinkler lines - 18 inches (450mm) .
Subsection 308-2.3.2 Fertilizing and Conditioning Procedures
Add to the second paragraph:
I
Organic soil amendment shall be mechanically spread at a uniform rate
of 4 cubic yards per 1,000 square feet in all areas to receive lawn.
Commercial fertilizer shall be mechanically spread at an uniform rate
in all areas to receive lawn. The application rate shall be approved
by the Parks Department prior to application.
Subsection 308-2.4 Finish Grading
Subsequent to the third paragraph, add the following:
The finish grade shall be subject to the approval by the Parks
Department prior to any planting. The Developer/Contractor shall be
responsible to adjust all existing valve boxes , electrical boxes, etc. ,
within the work area to finish grade.
Subsection 308-4. 1 Planting - General
First paragraph shall read:
The types. . . . specifications and/or the construction drawings.
ui Subsection 308-4.3 Layout and Plant Location
` i Delete first sentence of the first paragraph.
I Subsection 308-4.5 Tree and Shrub Planting
i
First sentence of first paragraph shall read:
hµ+ 1 " . . . .holes shall be generally circular. . . . "
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Change the second sentence of the fourth paragraph to read:
"Soil shall consist of 50 percent of the specified topsoil and
50 percent Type 1 organic soil amendment. "
1 Add to the end of fifth paragraph:
8. All plant materials shall receive the following application of
fertilizer at time of planting: 15-gallon cans - five 21-gram
fertilizer tablets, 5-gallon cans - three 21-gram fertilizer
tablets.
Subsection 308-4.6 Plant Staking and Guying
1
Delete Item Nos. 308-4.6.1, 4.6.2, and 4.6.3, and add the following:
Plant staking and tying shall conform to the special conditions of
these specifications and the construction drawings.
Plant staking shall be in a north-to-south direction to stabilize the
tree trunks against prevailing winds.
Subsection 308-5.2.1 General
In the first and second sentences of the third paragraph substitute "sand"
for the phrase "finely divided material . "
I Subsection 308-5.3 Installation of Valves , Valve Boxes, and Special
Equipment
Add the following to the third paragraph:
"Valves. . . . installed or as indicated on the plans. "
i .
Add the following to the sixth paragraph:
'
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r ; All valves shall be housed in a covered concrete and/or green plastic
box of a size that will permit easy access for servicing. Install
valve box extensions if required by the Parks Department.
All valve access boxes shall be installed on a suitable base of crushed
rock for proper foundation and to provide proper drainage.
1 . ;
• I Green plastic valve boxes shall be installed in turf and planted areas.
I Precast concrete valve boxes shall be installed in hard-surfaced areas.
The second sentence of the seventh paragraph shall read:
All backflow preventers and backflow preventer riser assemblies shall
be assembled with pipe and fittings of galvanized steel .
II,
III . S
Subsection 308-5.4. 1 General
Add the following paragraph:
One cubic foot
1[1 pea gravel shall be installed around each impact rotor
pop-up or gear-driven rotor pop-up sprinkler.
Subsection 308-5.4.2 Location, Elevation, and Spacing
Delete the fourth and fifth paragraphs.
Subsection 308-5.4.3 Riser and Nozzle-Line Installation
• Delete second paragraph and add the following:
.. I
All riser assemblies between the connection to the lateral and the
sprinkler head shall be Schedule 80 PVC or equivalent material unless
otherwise shown on plans or called for in these special provisions.
Delete third through eighth paragraphs and add the following:
All impact rotor pop-up sprinkler riser assemblies shall be a
triple-swing joint assembly.
All bubbler riser assemblies shall be a flex-riser assembly.
Prior to the installation of sprinkler head and riser assemblies , the
• Developer/Contractor shall submit samples of each type to the Parks
Department for approval .
SECTION 308-6 MAINTENANCE AND PLANT ESTABLISHMENT
The second sentence of the fifth paragraph shall read:
"The maintenance and plant-establishment period shall -be for a period
of 90 calendar days and. . . ."
' ' Add the following paragraphs:
Apply commercial fertilizer (5-3-1) at 25 pounds per 1 ,000 square feet
and water thoroughly on the 30th, 60th , and 90th days of the
maintenance and plant-establishment period of the turf areas.
j All . plants that die or are in a serious declining state during the
maintenance and plant-establishment period shall be replaced with
materials identical to the original plants at no additional cost to the
City. All plant replacements shall be made within ten days after
receiving notice from the Parks Department to replace dead or declining
plant materials.
Upon completion of the maintenance and plant-establishment period, all
turf areas shall have a uniform growth habit. The Developer/Contractor
shall be responsible to replace portions of turf areas that fail due to
weather conditions , damage due to pedestrian or vehicle traffic,
diseases, insects, weeds, or other pests.
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��'•' At completion of the maintenance and plant-establishment period, all
{t1;1,1{ areas included in the contract shall be clean and free from debris and
;,i �1
weeds.
Ci-,s
The Developer/Contractor shall provide barricades, temporary fencing,
A.
signs , or policing, as may be necessary to control damage to seeded
'j; s and/or planted areas.
1'. Maintenance shall include, but not be limited to, watering, weeding,
Vii ^ mowing, cultivating, pruning, staking and tying, control of rodents and
insect pests, fungus control , trash pick-up and removal , repairing any
;ri damage caused by pedestrian or vehicle encroachment into the planting
x#,10
{ and/or turf areas, and sweeping walkways and other concrete areas as
it required by the engineer.
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,l, Pest-Control Program
:,: A pest-control program shall be administered to all areas within the
8.1. project limits.
Hi
,, ! For the
purpose of this contract, a pest is defined as weeds, diseases,
insects, or anything destructive to plant materials called for in these
specifications.
, ;.
,Ll A minimum of 72 hours prior to spraying, the Developer/Contractor shall
, submit to the Parks Department for approval the name and application rate
of the chemical pesticide proposed to be used.
Prior to the installation of plant materials, the Developer/Contractor
shall spray all landscaped areas with a preemergent herbicide. Only
properly licensed personnel experienced in the use of the preemergent
herbicide may be used.
Pest control shall include, but not be limited to, the application of
I chemical pesticides to control and exclude 100
percent of all pests in the
, planted and/or nonplanted areas. Only licensed personnel experienced in
' the use of pesticides may be used.
Any new or existing plant materials which , in the opinion of the Parks
a ; l . Department, have been damaged by the application of chemical pesticides or
preemergent herbicide, shall be replaced by the Developer/Contractor at his
;i expense.
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