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Home My WebLink About _ 4.11(d)--Trinity Street Sewer Reimbursement Agreement GI �" Y � F � � � ° � � � " � � CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: February 7, 2023 FROM: Chuck Aukland,Public ITEM NO. 4.11(d} Works Director ***APPROVED BY*** � ��n � .�.._ s.N,.�� ukl�n�l,H'ciblic Wc�aks L'��reGt ' 1/?7/2423 ry ip}�in,�C"i ana � L,'30/2423 caulcland@ci.redding.ca.us btippin@cityofredding.org SUBJECT: 4.11(d)--Trinity Street Sewer Reimbursement Agreement Recommendation Authorize the following actions relative to the Reimbursement Agreement (Agreement) with Sierra Pacific Land and Timber Company for the design and construction of the replacement and upsizing of the sewer line along Trinity Street from Court Street to Continental Street for the Salt Creek Heights Subdivision project: (1) Approve the Agreement in the amount of$1,940,000; (2) Authorize the City Manager to approve additional increases based on the construction bid amounts or change orders required during the course of construction up to a total of $300,000; and (3) Find the action categorically exempt from review under the California Environmental Quality Act Guidelines, per Sections 15301 (Existing Facilities), 15302 (Replacement and Reconstruction), and 15303 (New Construction or Conversion of Existing Structures). Fiscal Impact The design and construction of the sewer main is estimated to total $1,940,000. The Wastewater Utility has sufficient funds appropriated in the approved Fiscal Year 2022-23 budget for this project including any City Manager amounts specified in the recommendation. Alternative Action The City Council (Council) may choose not to approve the reimbursement agreement with Sierra Pacific Land and Timber Company, for design and construction of the sewer line. The Salt Creek Heights Subdivision development project would be limited as to the number of lots it could develop. The City of Redding (City) would design, bid, and construct the sewer line at a later date as seheduled in the Wastewater Master Plan and the additional lots may be developed at that time. Report to Redding City Council February 1,2023 Re: 4.11(d)--Trinity Street Sewer ReimbursementAgreement Page 2 Background/Analysis As part of the Salt Creek Heights Subdivision Project Phase 2, the developer, Sierra Pacific Land and Timber Company, was conditioned (AMND-2017-00160, Tentative Subdivision Map Application 5-15-07, and Planned Development Plan Application PD-11-07) to upsize the Trinity Street sewer main downstream of Manholes J6-41, J6-28, and J6-32 (Condition 64). By upsizing the sewer main, effectively increasing the capacity, the development can build an additional 42 units beyond the first phase as entitled. The replacement of the subject sewer main is a project identified in the City's Wastewater Master Plan and therefore eligible for reimbursement in accordance with the conditions of development. The proposed agreement was developed in accordance with Council Policy 1502, Developer Participation Agreements. The policy calls for the developer to design and construct the facility in accordance with Public Contract Code with the City approving/inspecting the design and construction of the sewer line to ensure conformance to City of Redding Construction Standards with reimbursement to the developer. The agreement has been approved as to form by the City Attorney. Environmental Review Staff has determined that the project qualifies as categorically exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines, per Sections 15301 (Existing Facilities), 15302 (Replacement and Reconstruction), and 15303 (New Construction or Conversion of Existing Structures). Class 1 exemptions include the minor alteration of existing public structures and facilities. Class 2 exemptions consists of replacement or reconstruction where the new struct�ure will be located on the same site and will have substantially the same purpose and capacity. C1ass 3 exemptions consist of construction and location of new small facilities and equipment, or conversion of existing structures. The existing wastewater system will be renovated to meet customer needs and current public safety standards. The project will be located on the same site, will have substantially the same purpose and capacity, and will result in a negligible expansion of use. The project has been reviewed for sensitive resources such as threatened or endangered species or their habitats, sensitive vegetation communities, triballands, or tribal cultural resources. The project has no potential to have a significant effect on the environment. Council Priority/City Manage� Goals � Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." • Economic Development — "Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community. Report to Redding City Council February 1,2023 Re: 4.11(d)--Trinity Street Sewer ReimbursementAgreement Page 3 Attachments ^NOE Trinity Street Sewer ^Trinity Street Offsite Sewer- Exhibit A Payment Performance Maintenance Bonds_Exhibit B Trinity Street Reimbursement_signed Council Policy No. 1502 Redding Municipal Code Chapter 16.20.090 N(�TICE CiF EXEMPTION To: ❑ Office of Planning and Research FROM: City of Redding 1400 Tenth Street, Room 12 i Public Warks I)epartment Sacramento? CA 95814 777 Cypress Avenue Redding; CA 96001 ❑x Shasta Caunty C1erk County of Sliasta P.O.Box 99088Q, 1643 Market Street Redding,CA 96099-0880 Project Title: Trinitv Street Sewer Proieet J.O.#23Q8-10 Fraject Location—Specific: Trinitv Street and Court Street Project Lacatian—City:Reddin� Project Locatian—County: Shasta D�scription af Project. In coordination with the Ciiy af Reddin� Sierra Pacific Industries will construct a wastewater irnprov�ment nroiect. A fundin� a�reement wi11 be used to reimburse tl�e develaper far the City's share of costs The proiect entails the installatian removal replacement relacation and rehabilitation t�f sewer main sewer�pe manhales water main water valves and tie-ins- sidewalk pavernent landscape and fire liydrants The project will use jack and bore linin� and ouen trench rnethods Tl�e o�en trench and bore pits will be covered at t6e end af each workdav The public will be notified t�rior to canstruction Nam�of"Publfc Agency Approving Project: Citv of Reddin� Nanne o�'Person or Agency Carrying t3ut Project: Rvan Bailev,Assistant Public Woi•ks Director Exernpt�tatus: (check one) ❑ Ministerial [S�ction 21080(b)(1}; 15268] ❑ I?eclared Emergency [Section Z10$0(b)(3); 15269(a)] ❑ Emergency Pra�ect[Sectian 2108Q(b)(4); 15269(b)] ❑ Statutory Exeinptions. State cade number: ❑ Common Sense Exemption (This project does not fall within an exempt class,but it can be seen with cerkainty that there is no possibiiity that the activity may have a signlficant effect on the environment(14 CCR 15d61[b][3]). � Categorical Exemption. State type and section numbea�. Section 15341. �xistin�Facilities 15302.Replacernent or Reconstruction, and 15303.New Construction or Conversion of Existin�Structures � No exceptions apply that would bar the use of a categorical exemption(PRD 21084 and 14 CCR 15300 2}. Reasons why pr�ject is exempt; C1ass 1 exemptions includ� the rninor alteration of existin� public structures and facilities. Class 2 exemptioils consists of replacement or reconstruction where the new structure will be located on the same site and will have substantiallv tlie same purpose and capacity Class 3 exercaptions consist of construction and location of new small facilities and equipment or conversion af existin� structures The existin�wastewater svstem will be renovated to better meet customer needs and to meet current publ�c safety standards The project will be located on the same site w111 have the same purpose and capacitv and will result in a ne�li ible axpansion of use The project has been reviewed for sensitive resources such as threatened or endan ered species or their habitats sensitive ve�etation cammunities, tribal lands or tribal cultural resources The �roiect has no potential to have a sr�nificant effect on the enviranment. Lead Agency Contact Person:Arnber Kelley Telephone; 53Q.225.4046 If Fi1ed by Applicant: 1. Attach certified doeument of exemptian finding. 2, Has a notice of exemption been filed by the public agency approving the project? o Yes ❑No Signature: � �� f� Date• f�� %�� Title; Envirantnental Com lp iance M er �Signed by Lead Ageney Date received far filing at C>PR ❑ Signed by Applicant / / i'�(E) SSMH O�T/�FNT �� J6-36 �� ST'QFF � � � T /\(E) SSMH C� J6-37 �N� 27» (E) 21" SSP �/ �BFRT ssP STRFFT � (E) SSMH /; J6-67 SSP 27" /;, j; (E) SSM J6-28 <`' �� / '!9 ` '`�- �Q' / �RkF �- � l STR 2 ��- � � FFT . �� J � , � < cq�/F E) 2 SS i O,Q��9 STRFFT � /� (E) SSMH 300 0 150 300 J6-5 �� cF��FR - S 1 INCH — 300 FEET UNION PACIFI TRFFT � RAILROqp E X H I B I T A R MOVE (E) (N) 14" ss F TRINITY STREET S MH J5-52 SEWER LINE EXHIBIT & TIE—IN / 14" FM BY SHARRAH DUNLAP SAWYER, INC. YMCA Civil En ineerin Land Plannin Suive m &Ma in g °• 8• Y 8 Pp 8 � _ Landscape Architeeture R Presentation Graphics CQUR'r S 32Q Nartnel)Avenue,Redding,CA 96002 �jQ 530.221.1792 voice•53Q.221.8369 fax+info(a�sdsengineering.com --T- T-�--�—�---�--�FFT (E) 14" SS FM i�o �� us��i:� ns n visuA�_ Ai� oN�Y. �_iNFwo�K no��s N�T �E�REs�Nr, No� IS IT IN IENDF� I��O HEF'L.�CF� SURVF_��Y OH I�F��COI�I)F��D I'HO�E1��2TY IN1��OHMA��I��ION. DATE: JANUARY, 2023 SCALE: 1"=300' SHEET 1 OF 1 H r ' i xhi i A. w i''i ` � � °�-° Exhibit B1 mw �'�� , � � _ va 1� Y T w , th� �it� G�u�cil of the Gity c�f Reddi�g, � Municipal �arporatiar�, in th� �tat� a� GaEifc�rni�, �s �vrrr�er, has �n , �or�diti�araally�warded tca �s �rincipal, � C�ar��ra�t to da �rad perforrn the follov�ring vvork t�-vvst: �s vvill rnc�re fully �ppe�r in said �ontract, the terrns ar�d canditi�r�s �f�aid Cc�r�tract being €ully i�r�arpc�r�ted her�ira by �his refere�ce; �nd , under the terrns c�f the �ontract and pursa�anfi t� Chapter 5 of Titl� 3 of F'�rt 6 �f [7i�risiar� 4 csf the Galife�rr�ia Givi! Cc�de (�ort�r��ncing v�it�t �ivil �od� �ect@wn 9550), �r�ncip�l i� reqtaired to furnish � gaod �rtd suffici�nt p�yrri�nt b�nd tc�se��ar� payrner�t caf the �lai�a��c�which r�fi�r�n�� i� rr��de ir� Gieril Cod� �ecti�n 9554; , F , vue, th� �rir�cipal and � corpar�ticara duly �d.athsarized and adrnitted to tr�nsact b�a�in�s� �r�d is��e st�r�ty bar�d� ir� the St��e ofi Galiforni�, h�r�ir��ft�r c�EEed �ur�ty, ar� h�ld �nd fiirmly bound e�r�tc�th� C)wner, �nd ur�to�6E p�rsc�n� ar ent�ties ent°sfil�d fio �ss�rt� �lair�r ag�inst � payrner�t bc��d �nder a�y of th� afor��id Civil C�de provi�ions i� the per�a6 �um c�f Dol6�rs (� } lawful money af th� tJnifi�d �t�t�s af Rrneric�, far th� payrnerafi vvherec�f, weell �r�d truly ta b� rr�ade, a�ve bind o�r�elves, our h�ir�, e��c�ator�, ada�rinistrator�, s��c�ss�rs �nd a�sig�s,jraintly ar�d �everaEEy, �irrnly by thes� pr�sent�. T' � I'TI � t �1 T"I I 9 that if �a�d Princ�p�l, h�s ar its heirs, �x��atc�rs, administr�tc�rs, successors ar �ssign�, ar ��bcontractors, shall fail ta pay for any rr�a�erial� ar eqtaipm�nt fur�ished or ��d ir� perFc�rrr�an�e c�f the Contract, or ficar �r�y wc�rk or labar th�r�c�n caf �ny kind, or fc�r arr�eaur�� due �ander the l�r��rr'pfayment Ir�s�ar�r�ce�Oct v�ith re�pec�tca s�a�h wc�rk c�r I�bar, c�r for any arr�ca�ant� r�quir�d to be d�du�t�d, vvi�hh�ld, ar�d p�id eav�r t�the Franchis�T�x �a�rd c�r th� Ernployrs��nt I��v�lc�pmer�t C��p�rtrnent fire�rn th� v+r�ges c�f ernploy�� cafi the Contra�tc�r �nd all �ubeor�tr�c�wr� vvifih re�p�ct t�a �u�h vvork or f�bc�r, ther� the ��arety shafl p�y th� �ame in ar� �rnount r��at exc��dir�g th� �urn specifi�d �bove. Efi �uit i� brc�ugt�t �pon thi� b�andp �e�r�ty �h�ll pay, ir� �dditic�r� fio th� �b�v� �um, �II cost�, exp�n��s and f��s, ir�cl�ding attcarr��y's f�es, r��sar�ably in��arred by �ray p�rfiy i� ��e��fiully enfc�rcing th� �bEigaticar� �ecured hereby, �II tc� be ta�ced a� costs �nd included in a�y judgm�nt rendered. Sh�e�6d the ccsr�difiic�n �f this bond be fully perForr��d, then �his crblig�tion �hall b�ccarne nul6 �r�d void, c��heruvise it sh�ll be and r�rnain ir� full fc�r�e ar�d �ffect, �nd �h�ll bind Cc�ntractor, ��ar�ty, their h�irs, �x�cutor�, adrnin�stratc�r�, �ucce�s�rs and a�sigr�s,jowntly and �e��rally. It i� hereby �fi�pulated and �gre�d that this b�nd �hall �nur� fio the benef�t �f all p�r��ns, �c�rnpar�ies, c�rp�ar�fiic�ns, poli�ical subdivi�ic�ns, �tate �genci�s ar�d cath�r��tefie�s entitl�d tca as�erfi � cl�im ag�ir�st a payrn�nt bar�d �nder ar�y c�� th� a�c�res�id Givil Cod� prc�visior�s, so �s to giv� a righ� of actiar� �o th�re� �r 4h�ir a�sign� ir� any suit bro�ght upc�n thi� bond. l�h� Sur�fiy, f�r v�l�e reeeived, her�by sfiip�lat�s �r�d �gre�� that no change, �:xfi�;n�ior� af �ime, alt�r�ticar� c�r �ddifiicrn #o the t�rrris c�� h� G�r�tr��t �r fio the �rork to be p�rfcarm�d ther�und�r ar fia the sp�cifiic�fiiorts �cc�mpanyir�g the s�me �h�ff in �ny �nr�y �ffect it� obligat`s�ns or� thi� bcar�d, �nd it does hereby waie�� ncati�� o� �ny such char�g�, ��fier�sian, alt�rafiie�n c�r �dditie�r�. F�rthermare, ��d for v�lu�bl� ccar�sider��ic�n, ��r�fiy hereby vvaives th� prc�vision�of Californi� �ivil Ccade S�ctio�� 2$19, 2�45, �r�d 2�349. I Il` , �e h�v� h�reto set�ur h�rtd� artd s��l� c�n this d�y c�f , �' . �rincipal City Attorr��y �y: . (��a9} F'arr��la Miz�, City�I�rk �Var�e�f�ur��e By: (�e�E} Att�arr��y-I r�-Fact 1 Exhibit B2 , , �n �.4 � , �� `"d, � P • �� '�a 7'F�A� �t��A�, the �ity �caurr�il �af th� �ity of R�dding, � �unicipal �arporatian, a� C?�nrner, �t it� reg�lar m��tir�g held or� , h��warded to �� F'rincipaMp � c�antract to do�rrd p�rforrn th�follo�nri�g vvc�rk tcs-wit: a�will rr�eare ftal€y�pp�ar ir� ��icf canfir�ct, the terrv��a�d ccar�diticar�s of said c�r�tract b�ing fully incorporat�d herein by thi� ref�r�r�ce. �I��A�, s�id Prirrcip�l i� r�quired under term�of s�id ccarrtract tca furni�h � bc��d fc�r th�faithf�l perfor�n�n�e of said c�antract; �� ,T'FI��F ��, �r�, th� �'rin�ipal �nd �� urety, �r� h�lc! �nd fir�nly bound untc�the C7wn�r in the��arn af (�oilars$ lawful mc�ney czf the llr�it�d Stat�� of 6�m�rica, for the paym�nfi v+�her�ofp �nr�f! and truly to be made, vrre bir�d aurse(ve�, our h�ir�, executc�r�, �drr�ir�i�trator�, ��cc�s�or��r�d ��igr��,j�ir�tly�nd severally,firrrrly by th��e pr��e�t�. 7'F�� ITI�� F 1`Ft�� LIGATI��t 1� �l1�FlR that if said I�ri�eipal, hi� or ifis h�irs, �xec�tors, adrninisfrators, succes�ars or a��igns, or subcorrfr�ctors9 shall in all thi�g� �tand to and �bide by, and w�lf ar�d truly keep ar�d p�rForm the cavenant�, cc�r�diticrr�s, �r�d agr��rr�er�ts in �h� s�id contr�cfi ar�d ar�y �It�rafiiar� th�reaf�� there provided, an hi� or th�ir p�rfi, to b� kept ar�d perFormed �t the time and in the mar�r�er th�rein �pe�ifi�d and in all r��p�cts a�cordir�g f� th�ir true intent and mearrir�g ��d �h�ll ir�der�nify ar�d s�v� h�rrr�l�� fihe (Jr�rner, its affiicers, and agen�� a� ther�ira stipul�t�d ther� thi� obliga�ion �hall beccame r�ull ar�d uoid; othe ise it shall be ar�d remain in�ufl force�r�d virk��. A� the �ur�ty, for val�ae received, her�by stip�alates �r�d agr�� th�t no char�ge, ��t�rr�ion of tirne, �It�r�tic�r� or addition to the term� of the corrfir�ct c,r fica tF�e v�ark �c� b� perfiorrrred fihereunder c�r fih� speciFicatior�� accorrrpanyir�g the ��rr�e shaEl in any�r�y �ffect its obligatior�� on thi� b�r�d, �nd i� daes hereby �aive r�aatice oF�r�y such char�ge, �xt�nsian of tim�, alt�ration or additic�n tc� th�t�rrrr�Qf the car�tracfi c�r to t�e work c�r to�he specifie�tions. Ifi s�id C�vvner sh�ll requ'sre �ny �urther ear oth�r bor�d far it� pratectior� in th� prerr�i�es, �u�h furth�r or cather bond �h�ll be f�arni�hed by the �'rirccipal vuith aur�ty or�tareti�s s�fi�facta�ry to tF�e Clwn�r wifihin t�r� d�ys after ncatic�of��ach r�quir�m€�rrt i�giv�n tca the �rir��ipal, �r�d in c�se af f�ilure on the parfi caf fih� F�rin�ip�l to carrrply�nri�h s�id r�quirert�ent„ fihe �vuner sh�ll have fihe righfi, �� its�ptie�r�, to t�rmin�t��aid �orrtr�ct uvith s�id Princip��. I� Il��l�� h��R��F,_we h�ve herete��et our h�r�ds and �e�ls c�n�his � day eaf , ��t��A�T`� FO� e Princip�l �ity�ttorney �y: A1"T`��T°: {�eai� F��rr��l� Mize, �ity�lerk �1�rv�e caf�urety �y: (i��f} ,4ttorney-In-F�ct 2 Exhibit B3 , � �� .. � - KNOW AL� MEN BY THESE PRESENTS: THAT E, the undersigned, as Principal, and a corporation organized and existing under the laws of the State of California, and autharized to do business in the State if Califarnia, as Surety, are held and firmly bound unto the CITY OF REDDING, hereinaf#er called Obligee, in the sum ( ) Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, we do hereby jointly and severally bind aurselves, our heirs, executors, administrators, successors and assigns firmly by these presents. NE EAS, said Principal has heretofare entered into a contract with the Obligee abave named far , and, HE EAS, the work called for under said contract has been eompleted and accepted by said Obligee: O , THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall, for a period of one year(s) from and after the day of , \indemnify the Qbligee against any loss or damage directly arising by reasan of any defect in the material or workmanship which may be discovered within the period aforesaid, then this abligation shall be void; otherwise the same shall remain in full force and effect. PROVIDEQ, HO EVER, that in the event of any d�fault on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail promptly and in any event within ten (10) days after the Qbligee ar his representative shall learn of such default; and that no claim, suit, or action by reason of any default of the Principal shall be brought hereunder after the expiration of thirty (30) days from the end of the maintenance period as h�rein set forth. IN IT ESS HEREOF, we have hereto set our hands and seals on this day of , APPROVED AS TO FOR : Principal City Attorrtey By: ATTEST: (Seal) Pamela Mize, City Clerk Name of Surety By: (Seal) Attorney-I n-Fact 3 AGRE�M�NT TO PROVIDE REIMBURS�MCNT FOR THE CONSTRUCTION OF SEWER LINE TH15 REIMBURSEMENT AGREEM�NT is Rx�ade and entered i��to by and between SIERRA ' PACIFIC LAND AND TIM[3ER COMPANY; hereinafter referx•ed to as "Develaper" and the ', CITY O�` REDDING, a Municipal CorpoR•ation, hereinafter referr�d to as"City": ', WHEREAS, the City installs a�id �naintains sewe�• lines within the inco�•po�•ated areas of the City; a�1d WHEREAS, the Developer is constructing a development project known as Salt Ci•eelc Heights Subdi�ision;and WHEREAS, the Developer was conditior��d (AMND-2017-00160} to upsize the Tri�lify Street sewer litae dowr�stream of Manholes.�6-41, J6-28, and l6-32 {the"Project"); and WHEREAS, the conditians state the Developet•anay�•equest rei�nburseEnent o�•c�•edit from the City Wastewater Utility for these improvcments; and WHEREAS, City Council Po3icy 1502 authorizes developer pai�icipation agree�ne��ts adhering to the guidance of the policy;and WH�R�AS, Per the Conditions of Approval, the D�veloper has requested that the City reimburse costs fo�• the design and consit�t.tction oF upsizing the sewe�• collection line inside the incorporated area of t�ae City; and WHERCAS, the City and the Developer's design engineer has �sti�nated �hat tk�e cosf to design and c�nstruct the sewer [ine fo�•the praposed projecC is$1,940,�a0(the"Estimated Project Cost"). ' NOW,TH�REFORE,�T IS AGRE�D by and between the parties hereto as fo(lows: SECT�ON 1. DEVELOP�R The naines, add�•esses, and desc�•iptions of the person or persoi�s h�rein collectively referred to as "De�elaper" are as tollows: Name Address M.D. Eininez•son 19794 REverside Ave. Sierra Pacifie Land &Tirnber Company Anderson, CA 96007 SECTION 2. SCOPE O�'WORK A. Developer agrees to cause ta construct sewer lines along the location and route ofthe sewer fine shown on Exhibit A,attached and incorporated he�•ein, In general,the sewer line slaall extend fram Caurt Str�et th�•ough APN: 103�010-002, under Union Pacific Railroad (UPRR), along Tri�ity Street to Continental Street and all other associated work{callecti�e�y, the"Work"). S. The Work shaEi be perfor[ned slrictly [n accordance with developme��t plans that have been preparec{ by Sha�•rah Dunlap Sawyer, (nc., ci�il �rtgineet•s ("Designet•") at the direction of the Developer based on the City af Redding Constructio� Standards and reviewed and appi•oved by UPRR and the City's Public Wo�•ks Engineering Divis�on (the "Final Plans"), inco�•parated I�erein by refe�•ence. De�elop�nent PEans shall include da•awings, specifications, bid item breakdown list with unit pz•ices and all other p�a•tinent info�•r�atinn and exhibits rega�•ding the �roject. The Wark shall be subject to insp�ction by and approval af the City's Public Works Cngineering Di�isio�� for conFormance with tl�e Final Plans and sour�d constri�ction practic�s. If the Construction/lnspection Managei�ent Divisior� of the City's I'ub�ic Wo�•ks Engi��eering Di�ision, i�l its judgmetat, determines that any Wo�•Ec is not in substantial confarinity with the Final Plans and City of Redding Co�istruction Stancfards {CORCS) or are not otherwise in substantial confor�nity with souild building practic�s, the City shall have the t•ight to o�'der a cot•rection to the Wor[c by writte�l notice to the Develo�eE•. All correction casts d�ae to non-confo�'mity will not be reimbu�•sed by the City and shall be bo��ne by the Developer. No i��aterial changes shall be made to the Fir�al Plans or speci�cations without the City's prior written consent. SECTION 3. PROJECT COSTS A. Estimated Pra;e�ost: The estimated project cost is approximately one million nine hundred forty thousand dollars ($1,940,000). Costs include design, consteuction, and canstruction management. ]t is acicnowledged that the estimated cost is based upon pr•eliminary cost estimates, and is not the t'esulf of coinpetiti�e bids, and, therefore, is subject to change. Casts shall be reizz�6t�rsed to Developer per Section 6 bclow. �� B. Tofal Project Cost: Develop�r agrees to deliver the �'i•oject to the City fo�•a Total Project Cost w�iich shall include the Actual Canstructinn Cast, as defined in Section 3.0 herein. The Tataf Project Cost shall be set by the C�ty, known as the A�praved Budget per Section 6, foltowing the bid apening. C. Actual Const►•uctioi� Cost: The aetual coE�struction cost shall includ�, as her�inafter pE•ovided, Improvement Costs, cQsts oFChange Orde�•s, and Other Cost Increases defi��ed below {"Actual Construction Costs"}. 1. Itnp��o�ement Costs: The improvement costs i►�►cEude, but shall not be limited ta, casts of preparing the Project budget, CDI1511'UCttOt�, bonds, al I other fees and charges {e.g., pertnit fees, insp�ction fees, etc.} associated with actual construction ofthe �'roject, engineering, surveying, staki��g, perinitting costs, and construction manageincnt costs. Z. Chan�e��•ders: A "Change Order" is a written ordei•, approved by the City, fi•om any of Developer's autho�•ized r�p�•esentati�e (Developer's Age�lt) to the cont�'actor performing the waek authorizing a change in the work ta be perfa�•�ned. Chaz�ge Orders�nay be need�d where changes in the Project are made r�ecessa�y if{1) unforeseen conditians arise du�•ing construction {Z) such change would result in materials of lesser quality being used in the Wo�•k, or (3} such change z•epresents a deviation, whether or not lesser qtiality, in the Final Plans and specifications after constrtiction begins. City has ri�ht to authorize or reject change order�•�quests. l-1.11 Change Ordees must be approved in writing and deli�er such Change O�•der ta Developei's Agent as identified below. a. Approval of Chan#�e O��de�'s: A "Chan�;e Order" is a written order fi•om Developer and City to the contractar perfo�•ming the work authorizi��g a change in the work to be perl'armed. Developer's Agent shall notii'y City's representative, af the need for a Change Order and City's repres�ntative shall either approve or reject said Change O�'der with�n ten (10) wo��king days of receivin�; Deve[ope�'s Agent's written notice. City staff may app►•nve Chan�e Orders. �or purposes of notification with rega�•d to Change Orders, the City's representative shalE �nean the person i-esponsible for overse�ing design and cor�strtictia�a, and will be established at the pre-constructian meet�ng. b. Marku afChan �Ot•de�•s: Work by Contracto�•. The following pe�•centages shall be added to the Co�itractor's costs and shall constitute full pay�r�ent fot•all ove►•head and profit. Overhead casts shall inclt�de, but not be limited ta sucl� items as p�•oject superintendent, project manage�•s, field and home oftice expenses. l} Labor 35% 2} Mate�•ial 15% —3� 3} Equipment Rental & Other Items I 5% 4} Subcontractor Work 10°/o (this markup tnay be applied a tnaximu�n ofane time to the exta•a work bill) Wark by Subcontracto��. When extra work is perfor�ned by a subconti•actot•, the fal lowing pe�•centages shall bc added to the subcontracto�'s casts and shall canstitute fuli pay�nent for all o�erheac# and pro�t. Overhead costs shall include, but not be limited to such ite�ns as project superintendence, project managers, fieid at�d home office exp�nses. 1} Laboc 35% 2) Material 15% 3) Equipment Rental & Other Items 15°/a 4) Second-Tier Subco��t�•actar 10%(this markup �nay be applied a maximum of one time to the extra worlc t�ill} D. Solicitatio� of Bids: Developer shall solici# sealed bids for the constructiail of the Work in accordance witl� Public Cont��act Coc�e {PCC} Section 22037 as folEows: 1, The notice inviting formal bids shall state the titne and place for the receiving and opening of seafed bids and distinctly describe the project. The notice shali be published at least foul�teen (14) calenda�•days before the date of opening the bids �n a newspaper of general circuiation, print�d and publish�d in the ,jurisdiction of the public agency; ar, if there is no newspape�� printed and published within the jurisdiction of the public agency, publication shall be by posting th�natice in at least three places within the jurisdictEon of the public agency as have been desigEzated by ordinance or regulatiotz ofthe p�iblic ag�ttcy as places for pas�ing of its notices. The nolice invitit�g formal bids shall also be mailed#o all constri�ctian trade joui•i�als speci�ed in PCC Section 2203, Construction Bidboard (ebidboard), Dodge Data & Analytics, Humboldt Builde�•s Exchange, Shasta Builde�•s Exchange, and Placer 6uiiders Exchange. The notice shall be tr�a�led at least 3a caiendar days before the date of opening the bid. 2. Bid O enin and Award of Contract: Developer shall ope�1 sealed bids in presence of City's authorized z•epresentative{s). De�eloper shall p��ovide City's representative(s)with a copy af the tabulation of bid resufts, Developer shaE! award contract(s} fot•the constriiction of the Project to the qualified and t•esponsibfe contractar{s) sub�nit�ing tl�e lowest responsible and responsive bid(s), as mutually agre�d by Developer and City's autho�•ized representative(s). DevelopeE�shall be the awarding body of the cont��act fot•the construction of the Wot'k, and City shali i�at be a party to said contract. Ii�the event the lowest responsible and �•esponsi�e bid, co�nbined with a t•easonable amot�nt for contingencies, exce�ds the Estimated Construc�ion Cost set forth in Section 3 abo�e, the increase in the Estimated Construction Cost must be �4� approved by City prior to awarding the contract. S�CTION 4. TERM AND TERMINATION A. Developer shall cause the Canlracto�•(as defir�Ed below)to co�nmence the Work by the issuance of a Nofiice to Proceed deli�et•ed aftec•executiotj of the Construction Contract and the Developer estimates that the Work shall be completed no later thaxl Sep�e�nber 1, 2423. B. lf De�elopei• fails to perfo�•m ar co�nply with any af its obEigations under this Ag�'eemen#,as and when required, which contirn�es for a period of thirty{3Q}days after wi•itten notice of such fail��re by the City to Developer (provided, howeve�•, if s�ch failure is susceptible of cure 6ut cannot reasonably be cured within s��ch thirty(3Q) day periad, and Deve�oper shall have comm�nced to cure sueh fai[ure within sl�ch thirty {30) day pe�•i�d and thereafter diligentiy and expeditiausly proceeds to cl�re the same, such thi��ty (30) day periad s�all be exte��ded for an aclditior�al period of ti�ne as is reasonably necessary fo�•the Developer in the exe��cise of due c#ili�;ence to cure siich Failure), then City shall hav�the right to terminate this Contract effective im�r�ediat�ly after the passage of appficabie notice and cure periods. Upon such ter�nination, the Developer shall be entitled to receiv� reim6ursement for Work coinpleted in conformance with the Final Plans and City of Redding Const�•uction Standards, but nnt with i•espect ta any Work not executed by the Cont�-actar. C. City may ter•minate this Contt•act without cause on thit�ty {30) calendar days' written notice. In the event of termination by the City without ca�se prior to cammencetnent af construction, the Developec shall 6e entitled to receive reimb�rse�nent fo►• costs incuri•ed by the De�eloper as a direct z•esult of such termi��atior�. In case of termination foc the City's conv�nience at�er comnleneement nf const�•uction, the Developer shall be entitled to z•eceive payment for Work completed, and casts i•easonably incurred by Developer as a direct result of such terininatian {including, without limitation, any termination fee or• cost due Contractor anc{/or any subcontractor ox• materialman), but not with respect ta any Work nat completed by Contractor. D. Developer hei�eby acknowledges and ag�•�es that the obligatio�� of City to pay�inder this Contract is contit�gent upon the a�ailability of City's funds which are approp�•iated o�• allocateci by the City Council. Should the funciing for th� Work set forth herein not be appE•op�•iated or allocated by the City Council, City may tez•n�inate this A�;reement by fua•nishing at least thirty(30) calendar days' writte�l natice af its intention to terminate. in the evet�t of a tertnination pursuant to this subdivision, Develop�r sl�ail t�ot be entitled ta a re�nedy of acceie�•ation of payments due over the t�r�n of this Ag�•eement but shall be entitled to reimbursernent as set farth in Section 4.0 abov�. The Pai-kies acknowledge and agree that the power to t�rminate described la�rein is �•equired by Article 16, Section I$,ofthe Califor'r�ia Constitution, and that co��stitutional p�'ovision supersedes any law, r�ile, regulation or statute which conflicts with the provisions of #his Sectian, E. In the event that City gives natice of terE�ination, Dev�loper shal l p�•oEnptly assign and �g� deliver to Ciiy any and ail finished and unfinished reports, data, studies, phatographs, charts o�� other non-legally privi[�ged work p�•oduct prepared by oE• at the direction of De�eloper p�rsuant to this Contract to the extent assig��able 6y the Developer. To the extent perinitted by law, City shalf have full ow�le�•ship, i��cluding, but not fi�nited to, intel lectual propet�y t•ighfs,and controE af all such finished ar�d unfinished�'eports,data, studies, phatographs, cha��Ys or othe��work product.City agrees and acknowledges that any work p�-oduct transferred putsuant to this Section 4.E are t�•ansferi•ed "AS-1S" �vithout any repz•esentatior� or warranty by Developer and Develo�er shall have t�o iiability to City ar any other party with respeet to the l�se o�any such work p�•oduct afte�•the termination af this Contract, and City shall, ta the fullest extent per�nitted by iaw, indemnify, protect, defend and hold harmiess, Dev�lopet•, its �nembers, officers, employees, ag�nts and representatives, and each and eve�y one of theEn, fi�oin and against a11 actions, damages, costs, liability, clai�ns, losses, pei�alties a�ld expenses (iilcluding, but r�ot limited ta, t•easohab[e attorneys' fees, exper•t fees, litigatio�� casts, and investigative costs} of every type and desc�•iptian to which any ar ail of them may be subjected, which in any way a►•ise out of o�•relate to the €�s� of the wot•k p�'aduct. F. Subj�ct to Section 4. C, in no event shall the termina�ion or expit•ation of this Conti�act be construed as a waiver of any �•ight in seek remedies in law, equity o�• othe�•wise for a Party's failure to perfot•m each o6ligation requi�'ed by this Cont►•act. S�CTION 5. CONSTRUCTION A. The Developer shall cause the Woa•1�to be perfo�•med by a contt•actor ("Cant�•actor") licensed in the State of Califo�•nia for the Work performed and shall require a construction contract ("Canstruction Contract") the for�n a�id coi�tcnt of which �n�st be reviewed ar�d approved by the City's Public Works Engineet�ing Divisioz� prior to executior� by the Developer. The Construction Contract and canstr•uction management will include, but not be limited to, the following key elements: • Califot•nia Prevailing Wage Requiretnents per Section 10 of'this A�;reement • Conti•actor registration with the California Depart�nent of Industrial Re[ations per Section 1 Q of this Agree��ent • Industry standard performance bond and payment bond with eaeh not less than 100 percent of the contract work and a�nair�tenance bond in an amount not less than 50 pe�•cent af the contract worlc. The�naintenance bond shali ea,tcnd 12 consecutive months beyor�d the Noticc of Comple�ion date indicating City acceptance of th� Wo�•k, The fortn of the requi�•ed bands shal l be substantially in the fot•m aitached hereto as E�ibit"B1, B2, and B3". • The D�velaper shall cantract with a qualified entity ("Constn�ction Manager") to pro�ide all construction managemenl se�•vices to include quality conti•ol, �naterial testing, labor compliance ancf afl neeessaiy field inspectian to ensure the project is built to the bid specifications, �'ina[ Plans, and CORCS. lnspection should bE cor�sidered inter�nittent dependent on the wot•k being performed. The Construetion Manager shall be er�titled to a fee, which fee shall be paid by De�elopei'as part of the App�'oved Budget, of the Co�lstruction Manager's generaE canditions. Canstruction Manager qualifications shall be submitted and approved by the City prior to Develo�er entering into an ag�•ee�ent. The qualifications of the Constructioi� Manager shall include all �� projects in progress oc•completed over the last fve {S}years that are coinparahle to the pz•oject, designat�d personnel and their �•oles on submitted projects and include agency references with names, addresses, and curcent phone i3u�nbe�•s. The i•esponsib[e personnel of the Construction Mana�;er shall also be identifed and at minimum shall incl►�de the Project rnanager, Resident �ngii�eet•, Inspecta�• and other key pz•aject staff who will be directly involved in the project. B. The Developer shall keep an accurat� recard of the actual cost of the Project in accor•danc� with generally accepted accounting procedur�s, Developer sl�all allow the City's authorized z•epresentatives to exainine and provide copies of any records r�levant to the verifieation of the actual cost of constt�ucling the Aroject, ineludzn�;, withouC limitatioii, all contract 6ids, invoices, and change oz•ders. Any changes that occu�•during the course of cnnstructio�� shal9 6e praperly docuEne��ted. C. "I"he Constructioti Contract shalf be a guaranteed maximum price or stipulated su�r� contract and sha�l contair� industry standai•d warranties and indemnities in favor of the City as set forth in Section 8 hereo#: The Cantracto�• shall have ali licenses, pet•�nits, qualifications and a�provais of any nature whatsoever that are legal�y required for Contractor to carry out th� Work. D. Attention is directed to the provisians in Sections 10262 and 1a262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concei•ning p�•ompt payinent to subcontractors. E. Upon satisfacto�•y compietion,the Developer shalt pi•epa�•e and deliv�r to tl��City as- built constructian drawir�gs in a format acceptable to the City. F. The Developer shall have the sole �•esponsibiiity for obtaining and �naintaining records of any and all necessary acc�ss agceements and easetnents onto privat� property for construction of any portion the wot'k �•equired by the project including sta�ing areas and temporary construction easements. The Developer shall be responsible far any cosfis ass�ciated with obtaining access,agreeme��ts and easeinents and verifying the �alidity of existin�easeinents S�CTION 6. DEVELOPERS RE UEST FOR REIMBURSEMENT A. City shall reimb�rse Developer fnr the actual casts of the Wark, in accordance with Section 3.B,and in an amount not to exceed the Approved Budg�t described in Section 6.B below. B. The Developer shall submit to the City a proposed bud�et for coinpletion of the Wo�•k (wl�ich shall inciude the Desigi�er's fee, the Construction Manager's fee, the Construction Manager's general conditions, and the praposed Construction Contract amount) for review and approval, which approval shall �aot be unreasonable withheld, conditioiled, or delayed. The City shall, within �ve (5) business days, a�prove the proposed budget, ot• provide to the Developer a statement of changes req�aired ta be �� inade in nrder for the praposed budget to be approved. If the praposed budget exceeds the �stimated Project Cast, Counc�l approval shall be requiz•ed. The Der�eloper shall not cause construction to comrnenee utlless the pz-apased budget has been app�•oved by the Cify.Onc�approved by the City,the propos�d buc[get as rnodified by change ordet•s is refer�•ed ta hereir� as the"Approved Budget." C. Developer sha(I submit fundin�;requests as frequently as monthly ta the City for Wark co�npleted to the date of the funding request. All funding requesis s�all include a cei�tifieation from the Constructinn Maz�ager that speci�ed Work has been compieted (including pe�•centage of com�letion} in a good and workmanlike tr�anner and that, except far Wo�•k covered by the current fiinding ��equest, all due and payable payments have been made for ali othez•labor and rr�ate�•ials eacluding a S percent ret�t�tian payable at time a�final payment.The fundi�3g request shall also inclt�de certifed payroll�•ecords in accordance with Section 10.A and conditional or unconditianal i•eleases of iiens (through the date cavered by the iin�nediately precediilg funding request) fi•am (a) the Cor�tractor and {b) all oEher patential lien claimants (e.g., subcontractors, laborers, materialinen) perforining labor or services ot• supplying materials in cannection with the Worlc. 1�ithin Yen (10) business cfays after z�eceipl of a fundi3�g request fran� Developer, the City�'ublic Worlcs Engin�e�•ir�g Division shall approve the cornplete fundiEi�request or only a portion ofthe funding �•equest in its r•easona6le discretian ai�d notify Developer. The City shall not disapprove a #'unding requEst that conforrns with the Approved Budget and is accompanied by the backup documentation required above. If the City Public Wo�•ks Engineecing Division disapproves any arnount re�uested by Develope�• iEi a disbursement request,the City shali promptly notify Develaper of the disapproved amount and the reason for disapproval. If any item in a disburseinent request is disappro�ved, the representatives of Developer and the City shall �neet pi•amptly at�d in good faith to attempt to resoive the inatter to their tnutual satisfaction. D. All correct, compiete and undisp��ted funding requests sent by Dcveloper ta City shall be paid within thirty (30) calenda�•days of ceceipt. SECTION 7. MISCELLANEOUS PROVISIONS A. �ach of the undersigned sigr�atories hereby represents and warrants that they are authorized to execute this Agree�ent oi� behalf of the respective parties to this Agreerr►ent; that they have full right, powe�• and lawful autho�•ity to i�nderta�Ce all obligations as provided in this Agreement; and that the execution, pe�'forir�ance and delivery of this Agreement by said signatories has 6een fuliy authorized by all requisite actions o�the paz•t ofthe ►•esp�ctive parties to this Agreement. B. This �lgreement has the satne force and effect as any deed covenant ��unning with the land and shall be��e�t and bi��d afl owners of fihe propei�ty p�•esent and future, and th�ir heirs, successars and assigizs. C. Developer shail, during the entire term of this Agree�nent, be construed to be an independent contraetnr and nothi��g in this Ag�•eement is intei�ded, 1�01' SI��1 it t7� construed, to create an e�nployer/�mploy�e�'elationship, assaciation,joint venture �g� t•�lationship,irust or partnership or to allow City to exercise disc��etion o�•control over the professional manner in which Deveiaper performs ui�de�•this Agreei�ent. Ar�y and aEl taxes irnpased on DeveEapet•'s income, i�nposed or assessed by �•eason of this Agreeinent or its perfo��mance, including but nat limited to use taxes, shall be paid by Develaper. Devetopet' shall be responsible for any taxes o�•penaities assessed by i�eason of any clairras that De�elnper is an employee nf City. Develaper shail not be eligible for coverage unc�er City's worlcers' camper�sation insurance pian, 6enefits under the Public Employee Retiremet�t System or be eiigible fo�'ar�y other City benefit. D. No provision of this Agr•��ment is intended to, or sl�all be for the bene�t of, oi• construed to create rights in, or g�'ar�t remedies to, any pe�•san ot• entity not a party he�•eto. E. Developer shall cause the Contr•actoE�to maintain accounts a��d records, including personnel, property and finar�cia[ reco�•ds, adequat� to identify and account for all cos�s pertaining to the Work. These t•ecorcis shall be tnade available far a�dit put•poses to atty authorized rep�•esentative of Ci�y. Developer shall retain such records fo�• thi•ee (3) years aft�r the expiration of this Ag�•eement, unless prior pei'inission to destroy them is granted 6y City. F. To the greatest extent permit�ed by applicable law, each ofthe Parties hereto hereby i�•revocably wai�es any and all right to triai by ju�y in any action, proceedin�;, claim or counter•claim, whether in cont�•act or toz-t, at law or in equity, arisin�; out of or in any way �•elated to this Agreement or the transactions contemplated hereby. Each Pai�y further waives any right to consnlidate any actian which a,jury h•ial has been waived with any other action in which a jury trial cani�ot be or has t�ot beer►waived. SECT�ON 8. INSURANCE The obligations to the City required ofDeveloper in Section 8 relating to insu�'ance may be satisfied by ❑eveioper's authorized subcontractar if th� obligations set fo��th in Section 8 are n�et by th� Dev�loper's subcontractor. Or�ly in stich event shall Developer be �•elieved ofthe obIigations s�t forth in Section 1. A. Contractar and Designer s�all rnaintain the following noted insu►•ance during the d�►ration af the Contract: Covera� Req�ired Not l�eq[aired Commercial General Liability X Comprehensive Vehicle Liability X Workers' Co�npensation and Employ�rs' Liability X ProFessional Liability(Errors and Omissions} X (Place an"x"i�i the appropriate hox) B. Cave►�age shall be at least as broad as: �-9� 1. Insurance S�rvices Office form number CG-0001, Commercial Ger�eral Liability Insurance, ir�an a�nour�t nat less than$1,000,000 per occurrence and $2,000,000 general aggregate for 6odily injury, pe��sanal injury and property damage; 2, Insurance Servic�s Of�ee fori�numbei•CA-0001 (Ed. 1/87}, Campi•ehensive Autotnobile Lia6ility Ins�rance, which provides For total limits of r�ot l�ss than $1,OOO,a00 cambined single limics per accident applicable to all ow�led, i�on-owned and hired vehicles; 3, Statutory Warkers' Compensation required by the Labor Code of the State of Califot•nia and Employers' Liability Insu�•anc� i� an amount not less than $1,000,000 per aecurrence. Both the Workers' Co�npensation and Employers' Liability policies shal) cantain the insurer's waive�• of subragation ii� favor of City, its eiected officiais, of�cers, etnployees, a�ents and voluntee�•s; 4. Professional Lfability (�rrors and Ornissians} I��surartce, approp�•iate to Developer's profession, against loss due to error or omiss[on o�' �t�alp�'actice in an amaunt not less than $1,00Q,000. 5. Cout�se of Construction Insurance pi•oviding caverage fot•all "rislcs"of loss in the amount of the completed project value. 6. Contrac�or Pollutian Liability, in the ainount af$1,000,000,to include but not litnited to coverage for bodily inj��ry, property damage and cleanup arisir►g from pollution conditions ct•eated by the contractot• or encountei�ed during work at jab site.Coverage must apply to cleanup,darna�;e or inj�iry that occurs on, or that originates from, t�re site. 7, The City does not accept insurance certi�cates or endarsemei�ts with the wording "but only in the event of a na�ned insured's sole negligence" or any other verbia�;e limiting the insured's insurance �'esponsibility. C. Any deductibles or self-insured i•etentions must be declarecf t�and approved by City, which approval shall not be unreasonably withheld, condit�aned o�•delayed. . D. The G�neral Liability shail contain o�• be er�dorsed to contain the following provisions: 1, City, its elected officials,affce��s, employees,and agents are to be covet•ed as additianal insuc•ed as �•espects liability arising out of wor�C or operations perfor�ned 6y or on behaif of Develaper; premises owned, Ieased o►• used by Develop�r; or autamobiies owned, leased, hired ar bor�•owed by De�eloper. The coverage shall contain na special limitations ot� the scope of protection afforded to City, its ekected of�cials, officers, employees, agents and volunteers. � lp� 2. The insuranee coverage of Develop�r shal{ be prin�ary ins€�rance as respects City, its e�ected officials, officers, �mployees, agents and volunteers. Any insu�•ance or self-insurance inaintai�ed by City, its �[ected officials, of�icers, emplayees, agents and volunteers,shall be in excess of Dcveloper's ins►rrance and shall not contribute with it. 3. Coverage shall stat�that the ir�surance of Developer shall apply separately to each insured against whom claim is mad� or s�it is bt•ought, except with respect to the litnits ofthe insur�r's liabifity. 4. Each insurance policy required by this Contract shall be ei�dorsed ta state that cove�•age shall not be canceled except after thirty (30) cafenda.r days' prio�• written notice has b�e�� given to City. �r� addition, Dev�loper agt•ees that it shall not redt�ce its co�verage ar limits on any such policy except after th�rty {30) calendar days' prior written �lotice has been give�i to the insureds. E. Insurance is to be placed with insure�•s with a current A.M. Best's ratin�, of no less than A-V[i. F. Develaper shall cause the Contractor to designate the City of Redding as a Certificate Holder of t�re insurance. De�eloper shall cause the Contractor lo furnish City with certi�cates of insurance and o��iginal endaE•sements effecting tl�e coverages required by this cla�ise. Ce��ificates and endo�'sements shall be furr�ished to: Risk Management Depa��tment, C�ty of R�dding, 777 Cypress Avenue, Redding, CA 96001. The ce��tificates and enda�•s��nents for each ins«railcE palicy are Eo be si�ned by a pez•son authorized by the insu�•er to bind coverage on its behalf 1�1E ei�dorseE��ents are to be received and approved by the City's Risk Manager prior to the co�nmencetnent of the Work.City tnay withhold payments to Developer if adequate ceE�tificates of insurance and e�idorsements reyui►•ed have not been provided, or not been provided in a tiinely i�anner. G. The reqtaiee�nents as to the types and limits of insurance caverage to be rr�aintained by Contractor as required by Section S af this Contract, and any appro�al of said insurance by City, are not intended to and will not in any rnanner limit or qualify the Eiabilities and obligations otherwise assumed by Cnnt�•actor pursuant ta the Construction Contract, incEuding, without limitatio�a, provisions concerning inde�nr�ifcation, H. Ifany poiicy of insurance required by this Section is a"clairx�s made"policy,p��rsuant to Cade of Civil Procedure § 342 and Gavernment Code § 945.6, Develaper shall keep said insurance in effect for a period of eighteen{I 8)months a#�er the ca�npletion of the Work. L If any damage, including death, pe�'sonal injury or propet�ty dainage, occurs in con�lection with the performance ofthis Contract, Developer shai l iinineciiafely notify City's Risk Manager by telephone at(530}225-406$. No later thar�three(3)calendar days afte�•the evenY, Deveioper shall sub�nit a w�'itten r•�part to City's Risic Manager containing tl�e followir�g inforir�atiot�, as applicable: 1) name and address of injured �� ar deceased person{s); 2) name and address of witnesses; 3} name a�id address of Developet''s insura�ce company; and 4) a detailed description of the damage and whether a�zy City property was involved. SECTION 9. �NDEMNIFICATION AND HOLD HARMLESS A. Consistent with Califa�•nia C�vil Code §2778, De�eloper shalE cause the Construction CoT�t�•act to include prnvisions that require the Contracto�•, to the fullest extent permitted by law, indemnify protect, defend and hold harm[ess, City, its elected officials, afficers, einployees, and agents, and each and every one of thein, from and against a11 actions, damages, costs, lia6ility, claims, losses, penalties and expens�s {including,but not iimited to, reasonable atto�'�tey's fees ofthe City Attorney o�- I�gal cour�sel t•etained by City, expet�t fees, litigatian costs,and investigatian costs)of every type and description tn which any o�• ail of them tnay be subjected by �-eason of, o�• resulting frorn, directiy or indirectly, the negligence, reckiessncss, or wiilfiil miscanduct ofContracta�•, its office�•s, einployees or agents in the perfot'mance ofthe Work, except when liability arises due to the sole t�egligence, active negli�;ence or �nisconduct of the City. B. The Contracto�•'s o6ligatian to def�nd, inde��nify and hold ha►�mless shall not be excused because of the Contracto�-'s inability to evaluate liabiiity. The Construction Contract shall provide that Contractnt•shall respand within thirty (30) calendar ddys to the tender of any claim for defense aR�d indemnity by the City, unless this time has beeta extended in writing by the City. If the Contractor faiis to accept or reject a tendet• af defense and inderr�nity in writing delivered by City within thirty (30) caler�dar days, in additian to any other remedy authorized by law, the City may withhoid such fut�ds the City i-easona6ly considers necessary for its defense and indeinnity untif disposition has been made ofthe clairr�or until the Contractor accepts or rejects the tender of defense in writing delivered ta the City, whichever occurs fiE•st. This subdivision shali nat be ca��strued to excuse the prompt and continued performance ofthe duties requi�'ed of Develapec or Cantracto�•herein. C. The Cantractor's abligatian to inde�nnify, pro�ect,defend,and hald ha�•i�less set forth in this Sectia�z applies to all claims and liability regardless af whether any insurance policies a��e ap�licable. The policy limits of said insurance palicies do �ot act as a li�nitatian upon the amaunt of indetnr�ification to be pi-ovided by Cantractor. D. The Construction Contract shall pt•ovide that the City shall have the right to apprave o�• disappro�e the legal counsel retained by Cor�tracto�• pursuant tn this Section to represent City's interests. City shatl 6e reimbursed for all costs and attorney's fees incu��•ed by City it� enforcing the obligatzons sel forth in this Section. SECTION 10. PREVAILING WAGE LAW COMPLIANCE A. Pursuant to Section 178 i of the Labor Cocfe, Developer is ad�ised that the work cor�templated in this cnntract related to construction is subject tn the payment of pi•evailing wages and all othe�• i•equirements of the I'revailing Wage Law. The prevailing wage of each job classi�catian may be found by inq�i�y with the ... �Z.� Califo�•nia Department of]ndustrial Re9ations. Develope�•shall coinply witkt all laws related to the perfnrmance of public work including, but not li�nited to, the etr�ploytnent of app�•entices pursuant ta Section I77'7.5 nf the Labar Code, worl< day/week hours and overtiz�e rates pursuant to Sections 1813 ar�d 1815 of the C,abor Code and the obligation set forth in Sec#ions 1774-1776 of the Labor Code in regards , to payment of prevailing wages and to prnvide t�e City of Rec�ciing and Department of l�adL�strial Relations certified payroils when �•equired. A cei•tified copy af all payroll records relative to this project shall be submitted to ihe City af Redding alon� with �he related invoice. Iteceipt of cei•tified payroll z•ecords is a pre��equisite to receiving payment. B. No Contractor, sub-contractaE•, or const�ltant may be listed on a bid proposal for a public wo�•ks project unless registered with lhe Depar�rnent of industriaf R�latians pu�•suan�to Labor Code Secfian 1725.5. No Cantractor,sub-contracto�•, oE•cansultant may be awardeci a contract for publie wot'k an a public works project uniess register•cd with the Depat�meiit of Indust�•ial Relations pursuant ta Labo�•Code Section 1725.5. All Contractot•s, sub-contractors, or consuitants must furnish electronic certi�ed pay��oll records to the La6or Comn�issioner. This z'equiremet�t applies to all public works p�•ojects, whether new or ongoing. Developer is further ad�ised that the work contemplated herein is subject to compliance monitoring and er�farce�nent by the Departir��nt of Industrial Relations. C. Developez•shalE cause the languag�set forth herein to 6e i��clud�d 'm the Construction Cont��act and contract with the Constructian Manager. � 13� IN WITNES5 WHEREOF, City ar�d Developer have executed this Reiinbu�•sement Agreement on the days and yea�•set fot�kh below: CITY OF REDDING, A Munici�al Carpora�ion Dated: , 2023 By: MICHAEL DACQU�STO, MAYOR ATTEST: APPROVED AS TO FORM: BARRY E. DeWALT Ci�y Attor�ey PAMELA MIZE, City C[erk By: SIERRA PACIF�C LAND & TIMBER COMPANY l�/,�/!� �� Dated: ,2fl23 r � - By: , .D. EMMERSO Tax ID No.: ��-� ��'��`�� 14� ��`� CITY OF REDDING, CALIFORNIA �` '�'� COUNCIL POLICY SUBJECT RESO�UTION POLICY EFFECTIVE PAGE NUMBER NUMBER DATE DEVELOPER PARTICIPATION AGREEMENTS 01-21 1502 02-06-01 1 of 2 BACKGROUND From time to time, it is advantageous for the City to enter into Developer Participation Agreements with private developers for the design and construction of various types of public infrastructure when the work is an integral part of a developer's project. This is normally done when a developer and City contemplate the developer constructing project related infrastructure with City funding including (but not limited to} impact fees and/or in-lieu park funds. These agreements are designed to outsource the design, construction and project administration. The Director in charge of the funding source is responsible for developing the scope of work and related agreement describing the infrastructure project (Project) with support from the City Attorney and Public Works Director. The City Engineer and his designees are responsible for administering the agreement and related project development and construction of the Project, unless otherwise directed by the City Manager. PO�ICY The development and administration of a Developer Participation Agreement shall be based on the following guidelines: Project Scope, Cost and Schedule All of the elements of the project will be identified and agreed upon by developer and City including relative responsibility, project scope, cost and time frame for completion. These elements will be documented in the agreement. Devetoper Participation Agreement The agreement will be prepared jointly by the Developer and the Director in charge of the funding source and will include review/concurrence by the City Attorney and City Engineer. The Agreement must be approved by City Council prior to any work on the Project. Following are key elements of the agreement: Funding The agreement shall stipulate a maximum dollar contribution by the City which shall not be exceeded without City Council approval. The agreement will include estimates of project costs including Project Development and Construction costs. Project Development The agreement will include provisions requiring that the Project be designed in accordance with City Construction Standards and include a City quality assurance oversight process. ��`� CITY OF REDDING, CALIFORNIA �` '�'� COUNCIL POLICY SUBJECT RESO�UTION POLICY EFFECTIVE PAGE NUMBER NUMBER DATE DEVELOPER PARTICIPATION AGREEMENTS 01-21 1502 02-06-01 2 of 2 Construction The agreement will require the construction contract (plans, specifications and bid quantities) be developed by the developer and reviewed/approved by the City Engineer before putting the Project out to bid. The construction contract will include, but not limited to, the following key elements: • Prevailing Wage Requirements • Non Discrimination Provisions • Title VI Requirements • Insurance Requirements • Contractor licensing requirements • Department of Industrial Relations registration requirements • Bonding—industry standard payment, performance and maintenance bonds • Subcontracting requirements • Contract Change Order Provisions • Other items as required by the City Engineer Bid and Contract Approval Process The agreement will include a Public Works-like bidding process with defined City oversight including the following key items: • Advertisement—advertisement and bid opening dates, publications, etc. • Addendum Procedures • Bid Opening Procedures • Bid Protest Process • City Council Contract Award and Approval Process Construction Management and City Oversight The agreement will include the requirement for inspection and City Engineer-approved construction administration oversight. In addition, the agreement will outline the following key elements: • Developer Quality Control and City Quality Assurance Requirements • Construction Contract Change Orders approval and City concurrence process • Progress Payment Process—City concurrence role • Labor Compliance process and related City quality assurance Contract Acceptance — agreement to include City Engineer approved notice of completion and City Council acceptance of the project as complete. This will include developer submitting full accounting of project costs before project being presented to City Council. Amended 05/15/18 by Resolution No. 2018-045 16.20.090 - Reimbursement (cash or credit) for construction of facilities. A. Reimbursement—A condition of approval and/or a development agreement for a land use entitlement may require an owner or developer of a property to construct certain facility improvements or portions thereof specified in the capital improvement program as updated from time to time. Such direction allows the owner to petition the city council for reimbursement for the cost of specified improvements related to any and all impact fees applied to the project. The petition is allowed if the owner (a) constructs the facility, (b) finances an improvement, (c) makes dedication of land in support of the facility, or (d) utilizes a combination of the above. Reimbursement is subject to an approved agreement. 1. Reimbursed Improvements—The owner or developer shall only be eligible for improvements included in the capital improvement program project. Frontage improvements as defined below are not considered part of capital improvement program project and are not eligible for reimbursement. a. Frontage Improvements. i. Roadway—Roadway frontage improvements typically consisting of a one-half section, including curb, gutter, sidewalk, landscape, bike lane, parking lane, acceleration and deceleration lanes and right- and left-turn lanes leading to those roads and driveways, traffic-control measures for those roads and driveways, and related storm-drain facilities along the entire frontage of the entitled project. ii. Utilities—Utility frontage improvements include logical and orderly extensions of water, wastewater, storm-drain utilities, streetlights, and communication facilities along the entire frontage of the entitled project. 2. Reimbursed Value—The reimbursement amount shall be based on the actual value of land dedicated for the facility, actual cost of improvements, and actual costs for engineering and city administration. 3. Reimbursement Schedule—Upon completion of construction and acceptance of the improvements by the city or financing the improvements in a manner satisfactory to the city council, the owner or developer will be eligible for reimbursement in the year the improvement is programmed in the city's capital improvement program. Reimbursement is available only to the degree funds are available in any given year. If reimbursement cannot be made during one year, the unreimbursed portion will continue in following years until repaid. 4. Credit and Cash Reimbursement—The owner or developer will be provided reimbursement in the form of development fee credits consistent with fee program and type of improvement. If the amount of the fee credit is less than the amount of the otherwise applicable fee, the property owner shall thereafter pay an amount which, added to the credit received for the construction of facilities, equals the fee obligation. If the fee credit is greater than the amount of the otherwise applicable fee, the property owner may be paid the difference from the appropriate impact fee fund, providing funds are available. 5. Reimbursement Agreement—To implement this section, the city and owner or developer shall enter into a reimbursement agreement prior to incurring any eligible project development and/or construction costs. Reimbursement agreements will be considered for approval by the city council. (Ord. No. 2500, § 3, 9-3-2013)