Loading...
HomeMy WebLinkAbout _ 4.11(j)--Reimbursement Agreement for California Heritage YouthBuild Academy GI �" Y C� F � � �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: June 16,2026 FROM: Michael Webb, Assistant City ITEM NO. 4.11(j} Manager/Public Works Director ***APPROVED BY*** mwebb@cityofredding.org ',�d� z+cll . .,.:,n i ���. ityl�l�aa�,w�F'uGtac�arkvt7iz�ecta�� h1L.`�,47�6 wtarbox@cityofredding.gov SUBJECT: 4.11(j)--Reimbursement Agreement for California Heritage YouthBuild Academy Recommendation Authorize and approve the following actions related to the California Heritage YouthBuild Academy located at the northwest corner of Industrial Street and Alfreda Way: (1) Authorize the Mayor to execute the Reimbursement Agreement with Block 7 Retail Investors, LLC; (2) Authorize the City Manager, or designee, to approve amendments; and (3) Find that the action is exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15061(b)(3) — Common Sense Exemption. Fiscal Impact The City of Redding's (City) Victor and Cypress Avenue Active Transpartation (VCAT) project is being funded by Active Transportation Program (ATP) Grant Funds and local match funding consisting Traffic Impact Fee and Streets funds. Funding associated with the section of 10-foot- wide sidewalk along the California Heritage YouthBuild Academy (CHYBA) frontage, that would otherwise be funded by the VCAT project, will reduce the amount of Streets match funding required. The Reimbursement Agreement will then use portions of the saved Streets match and additional Streets funding totaling $163,650 to complete the improvements. Sufficient funding for the agreement is available within Streets Departments budget for Fiscal Year 2025- 26 Budgets. Alte�native Action The City Council (Council) could decide not to approve the Reimbursement Agreement, in which case the City would wait until additional resources become available to complete the curb, gutter and sidewalk gap on the westside of the creek crossing and the City's VCAT capital improvement project would complete the sidewalk gap on the eastside of the creek crossing. Report to Redding City Council June 11,2026 Re: 4.11(j)--ReimbursementAgreement for California Heritage YouthBuild Academy Page 2 Background/Analysis On October 14, 2025, the Redding Planning Commission approved the Planned Development Plan (Planned Development Permit PD-2025-00230), by CHYBA to construct a new public charter high school campus on a 10.15-acre site located at 14000 Industrial Street. The conditions o� development require various transportation related infrastructure improvements including, but not limited to, offsite construction of an Industrial Street box culvert crossing in and over Little Churn Creek, offsite construction of gap filling curb, gutter and sidewalk to the west of the box culvert crossing, project frontage improvements and onsite right-of-way dedication and rough grading for pedestrian path improvements associated with the City of Redding's VCAT and Victor Improvements (VIP) Projects. CHYBA has contracted with Block 7 Retail Investors, LLC, the current property owner, to develop the project site and construct the offsite and frontage improvements prior to construction of the charter high school. During project conditioning for CHYBA, transportation staff desired that upon completion of the Industrial Street creek crossing, associated frontage improvements from the project and other recently completed development projects within the vicinity, Industrial Street from Churn Creek Road to Alfreda Way would be a complete street meaning that both the north and south sides of Industrial Street would have full pavement width, curb, gutter and sidewalk along the entirety of the segment. However, one parcel along the northside of Industrial Street and to the west creek crossing, currently does not have constructed curb, gutter and sidewalk along the frontage and staff lacked adequate nexus to make a requirement of CHYBA. The CHYBA Development worked with staff to include this section of frontage within the construction of the crossing and staff conditioned that the development would be eligible for reimbursement for these minor improvements. The CI�YBA Development was also conditioned to complete their project frontage improvements along Industrial Street that were not completed by either City's VCAT or VIP projects. The City's VCAT project generally includes a continuous mixed use 10-foot-wide sidewalk along Cypress Avenue coming west from Victor Avenue to north on Alfreda Way to west on Industrial Street across the CHYBA development frontage and north to its terminus at the end of Del Monte Street. As the CHYBA project is currently beginning to stage for construction of the frontage improvements, the creek crossing box culvert and onsite grading improvements, staff and the CHYBA Development mutually desire to reimburse the costs for the construction of the 10-foot-wide sidewalk that would otherwise be completed at a later date with the VCAT project. Should the Council approve the agreement, construction of the reimbursable improvements should begin in summer of 2026. The agreement has been approved as to form by the City Attorney. Environmental Review Staff has determined that the action, reimbursement agreement, is exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15061(b)(3) - Common Sense Exemption. CEQA applies only to projects which have the potential for causing a significant effect on the environment. This action has been reviewed and it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment; therefore, the activity is not subjeet to CEQA. Report to Redding City Council June 11,2026 Re: 4.11(j)--ReimbursementAgreement for California Heritage YouthBuild Academy Page 3 Council Priority/City Manage� Goals • Economic Deveiopment — "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." Attachments Location Map Reimbursement Agreement with CHYBA Exhibits Industrial Street Reimbursement Signed NOE Reimbursement Agreement with CHYBA �. ' . ` . , � ; ......... ......._ ,,. ..._ .__.._ , � � i � \ I ! 1 t i _ __ �_ � _.__.. _ .._�___ �_ .� . r t _. r _. _ _ ____ _ , � � r� t � 4_ _ � _._, � f 1 � � — _� I _ _ _ � ,,,,�__ _�� �— i i � — —� _ _._ �, _ � _ _ ___ _. -— i I ' i I � I i , �� � � r_._ — - I �. I i __� ___ � i i I �; _ _ _ _.. _.._ __ -- ___ _ __ __ _ _, �___ _._.___ : �. _ � __._. -- -- -_ - MISTLETOE LN --.__._ _._.. -_ - -_..__ __ -- � � _._� - --- _ ___. _ � !- _ _ _.�_� .._ __ I i_____ -. _ .._ _ _) I_.__.. _. _ _ .. _.__. � , _.,,.;o� z _ -__ �Z� _ .. - ._ W.._____ �� _ _� � _..- � ' '.M. , _� _ ���� �� _ _.__ OAKD - �� � � -�_ _____ _ ___ __ _ . __ _ ALE LN -� -- - ______ - _ �.__ �-�_-� -- _ __ i � �� � .�_�___�.���_ � � ` _..� ,� .� � .. . � _. _ l (�;� �,._ ��... 1 _ I _. ._ _ _. � /r �, _ _I '_ . �..,,1 __YALE_CT_--J _.. _ � ___.. �- � � � .__ _. _::. ____ � ___ _. � BECK WAY _... � _ _ � INDUSTRIAL ST ___..�_. _-.. ..__ __ _ ___ ��� ��_ .. ....._ _.__ _ ; � , ___ _ __ __-� - _- �q � � , ; , r _ _� � , , ........._ , _ _ _ ; ______�--; , _. � � �L 4 ��tA � _..___. _ _ __ ' � �Y —_ i �"`~ll , , � � , � , I � i Q ___ _' � __ � , _ - _.. Q _._.� i � ' � � j � _. Q i I�� . _,- _ _ o;.. � �: �O' i t,,l �o� ; � � ; � , � - - __ €_ _ _ , , _ E E CYPRESS AVE �J GIS DIVISION LOCATION MAP MTG.DATE: INFORMATIONTECHNOLOGY DEPARTMENT W E DATEPRODUCED: PD—ZOZ�J—OOZ3O ITEM: FEBRUARY18,2025 CALIFORNIA HERITAGE YOUTHBUILD ACADEMY S o Zoo 400Feet 1400 INDUSTRIAL ST ATTACHMENT: P:\Planning\ProProjects\PD\P�-2025-00230.aprx AP# 067-110-041 � � � :��..� � � � � , ....� c}�..1 t_� C7t1E; s � � �,., ��'°�yr z rtt�l�O�e, p r � � � � 4� � � �' � APN: 067-110-041 �} _ . � � �`t—�,�i �,.�...�`�;��_ � �1 CUSHMAN 2002 TRUST I W � —� � i 358 HARTNELL AVENUE, SUITE A, SLAKEY BROTHERS DISTRIBUTION I � ; Z � y I REDDING, CA, 96002 APN: 067-120-019 S ��� —� � PRICE FAMILY TRUST , � I ( I 971 CHAND�ER ROAD, � j ; w � `�� €�s`I � 10' WIDE SIDEWALK TO BE QUINCY, CA, 95971 � � � ��. �, `�� � � ` i j � _��>� �, ` '�) REIMBURSED BY VCAT FUNDING s � � ����� � ; � � � `��?�� �� � � —2550 S.F. SIDEWALK �, ..��,�. � �.���.. �� .��� ����� ,� ,� � , ; —� —3 EA H.C. RAMPS � , (�)��ac � �� l i ) �� Eti � �� �� � ' _ `��?e`'l`r:`�,�.:`�``�`�`"�r`' r"`�.:'�l`�^Ft"`r_,:`,�'r'�' .e',+'�`�' �' �,,.. ..... ....... """ , —_ � ..,_ _._......__ ...._ . . . . ..... — _.._.., .. .... a i e�( / / o .. ........�. a��.� .�mm. � .... � ..........,__.� ....._:�`� . '�;" �..._.. , . ( e . � �. `�� � ° � �" • � ,��� � � — � PROPERTY LINE � �� �— � � � � . . ., .. , ,. , , . . .. .. . . . . . , ,, . ___ . . . . . y: .� . . �. . � ��� �� � �% � .� ___ . � . � CURB, GUTTER, AND SIDEWALK � TO BE REIMBURSED BY CITY PROPERTY LINE ` —143 L.F. CURB AND GUTTER � ; —715 S.F. SIDEWALK \ . � ` \ ; .. ...:. . _., , . .. .. k,.. _. ,. . . . ... .. . . . �..�.w ��: � �r , � . ... . _ „ .. .. . .� �� `, . . .`: ,, . , . ., , . , . . . . . , , . . . . .. . . : �_..� _�. . . . ,. _____.._ ;.. . � < I PROPERTY LINE — ` . ..,.:� . . . q . — — . . —� . . —�.� e : �_.. . �. �,� ��� \ �' ? � ., _ . ._.� a 4 . . � ...... s,., .....x._._ . � ..M � (� �� � �� k� � � �`"r'�L�" �F�,•a � �� �`�,� f`"�„P�`w:�'��r'/F . � .���,�e'�'/� �� .._.. _.._._. S � � 2 �� 0 � J. S� �.,a,±,.� �r . �` . ��,f'<E . .� "'� �"l F"'���'/ '.^f�°`� ��`w �. -� . � �.� �„v. � � r" f � ��,: a k �:+` , . . , f,� y »� m tj � �,� , , ';� [ . i �s �� � � uu�� � ; � �� , .�r�. , 1�, 4 t a ( •�° t�; r`� � �" .. � , ( � � 1 , � ��.�"�F��.�� �` � t '�E _ € APN: 067-110-061 � � � � �� ��� � � �� �a � � CENTER OF HOPE APARTMENTS LP � � � � �� ��' E � �� � � �� ������� '� ��- ��� �`�� �� �'� 1011 PARKVIEW AVE, SUITE A � j � � � � °� `� � � ��� v � � � ta, �x ��. � �E � I'€ , ; ;z�� REDDING, CA, 96001 ; � ���`, ; ` � � �° � �i ;`:u � w iF s i �� � ��.� � ��� � � � � � F �; �'; � � � �� �� � � � � �, � t k � ! �j � II � � �k " � !ty �`�'��. �� � � , . 4 � �� � � �+r jlt � �'� �: aW` �„ � � it �.. `� i �.�:f:�` N t i'`i � E��� � �'`�'�:`.r� �` �'4�,r'.,� �`` ``�,��� �� �`..�"�,�``.r.:.`� ``�'`l',..<.�",�` �,.� � �� [ € � Ei � ! � `'�� ,..,, 4r ..� ��, ; � #re � C, . 2�� � � � k< � �� , ��w a � w ^L�` �� � � � . . � � r �,r ��,w--- �r ��a u�`�� ��,�� �� °.�f'�`.,�,...�'_F�r..E'..�'.�; E ` w r; �� __. � � - � (( � S STREE , � . � N }` �a �_......m-' , .'" . .:�y 'l a � �3 7 , , �y s_ � w. __ , . . r. ; INDU TRI�AL T � ��`'' `` ��"� � ��� ������ ���� �' � � R EI M B U R S AB LE � 'r�` `�'� �������''�„�H, E ° ; � � � � IMRPOVEMENTS EXHIBIT � , _ o '` �"`��,,� j � 1 G E a � � �� � �.m�. �����µ..,,.���.W .�� �� °ttI ;; � ' �`� BY ��� � � a �[[ � SHARRAH DUNLAP SAWYER, INC. � � �W ,.� � o-.� �[,( [ ���u � r ;t� Qvil En meerin= Land Plannin Surve m &Ma in *� i '°� �, �`. '' ''�� � � £�• g' Y � PR g � �,� �� � I_andscape ArchiYecture•PresentatiQn Graphics I � �"� ���«,�,�,y� � � � � ,�';""� � ,s� � � i%j 320 Hac[nell Avenue,Kedding,CA 96002 � `30 � �`� `�� � � � ,.W� �'"e `� E � 530.221.1792 voice•infoC�sdsengineering.com � :I i✓� °' ��w����M� I �� �TO BE USED AS A VISUAL AID ONLY. LINEWORK DOES NOT REPRESENT, NOR E � z° �z ��_�� ��� ����� �IS IT WTENDED TO REPLACE SURVEY OR RECORDED PROPERTY INFORMATION. �= 1 INCH = 30 FEET '°����� �� � � ����" ,� ;� ����Wr� `�p DATE: MARCH, 2026 SCALE: 1"=30' SHEET 1 OF 1 ro' 1 1 dw 1 1 exh—industrial reimbursabl CITY OF REDDING PRELIMINARY PRO�ECT COST ESTIMATE PR07ECT NAME CHYBA Superpad p�TERNATE NO. DATE: 04/27/26 PROJEGT DESCRIPTION:' Industrial Street improvements (West) CLIENT.' QUANTITIES BY: QTY CHECKED BY: PR07ECT NO:' UNIT PRICES BY: CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT 1 Clearing &Grubbing LS 1 2,500.00 2,500.00 2 Earthwork LS 1 2,500.00 2,500.00 3 Erosion Control LS 1 2,500.00 2,500.00 4 Aggregate Base LS 1 3,575.00 3,575.00 5 Curb &Gutter (Vertical) LS 1 13,585.00 13,585.00 6 Sidewalk (4") LS 1 10,725.00 10,725.00 7 Sawcut LS 1 2,000.00 2,000.00 8 0.00 9 0.00 10 0.00 11 0.00 12 0.00 13 0.00 14 0.00 15 0.00 16 0.00 17 0.00 18 0.00 19 0.00 ZO 0.00 Zl 0.00 Z2 0.00 Z3 0.00 SUBTOTAL (CONTRACT ITEMS) $ 37,385.00 CONTINGENCIES (10%) $ 3,738.50 CONSTRUCTION SUBTOTAL $ 41,123.50 (Environmental, Design, Plan Review, Permits, Surveys) PRELIMINARY ENGINEERING - 10% $ 3,738.50 (Contract Admin., Inspecting,Testing, Staking) CONSTRUCTION ENGINEERING - 10% $ 3,738.50 TOTAL $ 4s,600.50 Project Development Budget Gast Estimatin Tg abl� FUNDING SOURCE: For Budget Purposes, Say: L:\Forms File\Prelim Cost Estimate_CHYBA Superpad CITY OF REDDING PRELIMINARY PRO�ECT COST ESTIMATE PR07ECT NAME CHYBA Superpad p�TERNATE NO. DATE: 04/27/26 PROJEGT DESCRIPTION:' Industrial Street improvements (East) CLIENT.' QUANTITIES BY: QTY CHECKED BY: PR07ECT NO:' UNIT PRICES BY: CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT 1 Clearing &Grubbing LS 1 7,500.00 7,500.00 2 Earthwork LS 1 7,500.00 7,500.00 3 Erosion Control LS 1 7,500.00 7,500.00 4 Aggregate Base LS 1 10,000.00 10,000.00 5 Curb Ramp (Type 'A') EA 3 5,000.00 15,000.00 6 Sidewalk (4") LS 1 41,000.00 41,000.00 7 0.00 8 0.00 9 0.00 10 0.00 11 0.00 12 0.00 13 0.00 14 0.00 15 0.00 16 0.00 17 0.00 18 0.00 19 0.00 ZO 0.00 Zl 0.00 Z2 0.00 Z3 0.00 SUBTOTAL (CONTRACT ITEMS) $ 88,500.00 CONTINGENCIES (10%) $ 8,850.00 CONSTRUCTION SUBTOTAL $ 97,350.00 (Environmental, Design, Plan Review, Permits, Surveys) PRELIMINARY ENGINEERING - 10% $ 8,850.00 (Contract Admin., Inspecting,Testing, Staking) CONSTRUCTION ENGINEERING - 10% $ 8,850.00 TOTAL $ 115,050.00 Project Development Budget Gast Estimatin Tg abl� FUNDING SOURCE: For Budget Purposes, Say: L:\Forms File\Prelim Cost Estimate_CHYBA Superpad AGI2EEMENT TCl P OVI � I BU SE E1�TT �Cil2 T E COI�ST �JCTICDI�T F I UST I S"T ET SI E�YAL I PRf�►VE El�Tz'S THIS REIMBiJRSEMENT AGREEMENT is made and entered inta by and between Bloek 7 Retail Investors, LLC, a Calif�rnia limited liability ct�mpanys hereinafter referred to as 44Developer" and the CITY �F REDDING, a.Munic�ipal Carporatian, hereinafter ref�rred tc� as� G6��{."i'f�:+ . L✓ W E AS; the Develcrper is canstructing a development prc��ect known as �'al�ornia �eritage YouthBuild Academy (CF�'BA) (the "Development")on Assessor's�'arcel Number Q67-110-041 identafied on E�hibrt A as Cushman 2002 Trust; and V� E AS;as a conditi�n c�f approval for the I�evelc�pment{FD-2025-00230,Conditic�n 10), Developer is required to construct curb, gutter and sidewalk frorn the Industrial Street Crcassing to the existing curb, gutter, and sidewaIk al�ng the northside t�f Ir�dustrial Street ,west ofthe crossing. The�ity�nd Develt�per desire to enter into a reimbursement a�reernent for the City to pay for these imprr�vements; and W E ��,as a condit�crn of approval fc�r the Develt�prnent(PD-2025-Q023Q,Condition 9) any praject fron�a�e innprovements that have not been completed by the Cypress A�enue Act�ve Transpartatic�n �'roject ("VCAT99) ar tihe Victor Improvement Project ("VIP") are expected t� be complet�d by the Developer pri�r to the issuance of a certificate of occupancy for the Development;a�d W �S,the City desires to cause t�e Dev�loper to cc�ns`truct and complete a 1 t?-faot wide sidewalk frQm the east terminatit�n of the Industrial Street Cross�ng on the north side c�f Industrial Street to the�xisting lntersection ofAlfreda Way and Industrial Street per Candition 9 of PD-2Q25-00230. This sid�walk is intended to be constructied ta the VCAT or VIP projects trail(s)conneetion (the"Project"),and WHE AS, the C�ty, and Developer mutually dcsire to reimburse eligible costs to supp�rt ct�nstructic�n of public infrastructure impravernents, and, i�4'HE AS, the �]eveloper and City agree that the developer will construct lc�cal roadway imprc�vements, including but not l�mited curb; gutt�r and sidewalk anci appurtenances, witl�in the �ublic easement cc�nnectin� Industrial Street ta Alfreda Way as shc�wn in Exhibit A. {the"Rc�ad Irr�pravements"); and WHE AS, Developer has requested that the City reimburse the costs assaciated with the design,construction;and c�nstruction management of the Roadway lmprovemen�s; and �' �S, City Council Pc�licy 1502 authorizes the City to enter into developer participation or re�mbursement agreements subjeet to the requirem�nts c�f that policy,and E A5,the Developer and the Gity's engineering consultant have estimated that the cost tc� design and construct the Projec� is apprc�ximately $163,65� (the "Estirnated Prc�ject Ct�st"),Per E�ibit B, attac�ed N W,T E F� ,IT IS AG E by and between the parties hereto as follows: SE�'I°I 1�11. EVELCIPE The narnes, addresses, and descr�ptions c�f the person or perscans herein collectively referred to as CcD�velaper"are as fc�ll�ws; l�arne Adciress Block?Retail Investors, LLC 1011 Parkvlew A�e STE A Ailen Knott Redding,�A 9G001 SE{C�I 1�T 2. ��C PE CD�'�Vt� A.. Lleveloper agrees t� cause to cc�nstruct the curb, gutter or sidewaiks as shown in Exhibit A, attached and incorporated herein. In general, a City stan�iard curb, gutter and sidewalk section shall be cor7structed c�n the northsxde c�f Industrial Street to the evest of the creek for approx�mately 143 feet in iength and a 10 fc�ot wide sidewalk sha11 be cc�nstructed on the narthside of Industrial Street east of the creek along the CHYBA prc�ject Frt�ntage connecting to the terminus ta the east alQng Alfreda Way for appraximately �55 feet, (cc�llectively,the"�ark"). B. The Work shall be perfc�rmed stric�ly in accordance with the develc�pment plans that have been prepared by Sharrah Dunlap Sawyer, Inc., civil engineers{<`Des�gner°') at the direction of the Devel�aper based on the City af Redding Construction Standards and reviewed ar�d apprc�ved by City's Pubiic�orks Engineer�ng Division(the"lF�nal Plans"}, per the appr�ved Industrial Street Improvement Plans for Encroachment Permit number EP-2024-04294 ("Fermit"), Th�Work sha11 be subject to inspecti�n by and approval of the City',s Ftiiblic Wc�rlcs Engineering Division for canfarmance with the Final Pians and sound construction practices. If the Construction/Inspecti�n Mana�ernent Division of the City's Public Works Engineering I�ivision, in 1ts �udgment; determrnes that any Wark is not in substantia[ canfcrrmity wit� the Final Plans and City of Redding Construction Standards {CC7RCS}or are nat otherwise in substantial confarmity with sound buildirtg practices,the City sh�ll have th� right tc� order a cc�rrection to the Work by written notice to the Developer. All c�rrecti�n ��N costs due to non-conformity will not be reimbursed by tl�e City and sha11 be borne by the Developer. No materxal changes shall be made to the Final�'lan�ar specifications without the City's priar written consent. �E�TI�N 3. PRO CT CQSTS A. Estimated P�ect Cost:The estimated prd�ect cc�st�s approximately One Hundred Sixty Three Thousand, Six Hundred and Fif'ty Dollars and tl0l1(�Q ($1 b3;b50.00). Casts inciude design,cc�nstruction,and constructian management. It is acknowladged that the estimated cost is based upon preliminazy c€�st estimates; and is nc�t tha result of cc�mpetitive bids, and, therefore, is subject to change. Costs sh�11 be reimbursed to Developer per Section 6 below. B, Total Pro�ect Cost.L�eveloper agrees to deliver the Project to the City for a Total Project Cost whxch shall include the Actual Construction Cost,as defined in Sectron 3.0 herein, The Tatal Project Cost sl�all be set by the Cit�, known as the Approved Budget per Section 6, following t�i�bid opening. �'. Actual Construction Cc�st: The actual construction cost shall include,as hereimafter provide�i, Imprt�vement Costs; costs of Change tJrders, and �ther Cost 7ncreases defined below("Actual Construction Cc�sts"j. 1. Irnt�rc�vement Casts; The rrnprc�vernent costs include, but sha11 not be limited to, casts of preparing the Project budget, construction, bc�nds, all c�ther fees and charges (e.g.,permit fees, inspection fees, etc.}assc�ciated with actual construction of the Project, engineering, surveying, staking,permittrng cc�sts, and cflnstru�tion management costs. 2. Change Orders: A"Change C7rder" is a written arder, approved by the City, from any of Deve[oper's authc�ri�ed representat�ve {64l�eveloper's Agent")tc� the contractor performing the work authorizing a change in the work to be performed. Change Qrders may be needed where changes in the Pra�ect are made necessary if{1)unforeseen conditions arise dur�ng construction (2} such change wt�uld resuit in materials of lesser quality being used in the Work, crr {3) such change represents a devi�tion, whether ar not lesser quality, in the Final Plans ancl speciftcations after constructic�n begins. City has right tc� autharize or reject change order requests. All Change l`�rders must be approved in writing and deliver such Change Order to L7eveloper's Agent as identi�ed below. a, Approval of Change Urders: A"Change Order'' is a written order from L7eveloper and City to th�cantractor performin,�the work authc�rizing a-change in the wark to be performed, I)eveloper's Agent shall notify City's representative; of the need for a�hange Order and City's representative shall either approve or reject said�hange Urder with�n ten{10j working days of receiving Develaper's Agent's r�vrrtten notice. �.3�. City staff maY approve Ghange Qrders. For purposes o�noti�eation with re�ard tcr Change Ordei•s,the City's representative shalllnean tile p�rson responsible fc�r c�verseeing design and constructiong and wi11 be establzshed at the pre-cc�nstruction meeting. b. Markup of Chan�;e Orders: Work by Contractor. The fallc�wing percentages shall b�added to the Contractc�r's costs and shall constitute ful[payment for al[overhead and prc�fit. C?verhead costs shall inelude, but nt�t be limited to such items as project superintendent,prc�ject mana�ers9 feld and home office expenses. 1)Labor 35°f� 2)IVlaterial 15°l0 3}Equipment Rental & Qther Iter�� 15%a 4) Subcontractor Work 10°la(this markup may be applied a maximum of c�ne tirne to t�le extra wark bill� Work by Subcontractor. When extra work is performed by a subcontra�tor,th� foilowing pei:centages shall be added to the sut�cantracror's costs and shall coi�stitute fu11 payrnent fc�r all averhead and profit. Qverhead costs shall include, but not be limited to such items as projecf su�erintendence, project managers, field and home office expenses. 1) Labor 35%0 2)Material 15°l0 3) Equipment Rental& Other Iterns 15°/a 4) Second-Tier Subcantractar 10%(this markup may be appiied a maximum of�ane time to the extra vvQrk billj SECTI N 4. TE AND TE Il�1ATI�N A, DeveIaper shall cause the Contraetor tas de�r�ed belc�w)to commence the W�rk by the zssuance of a Notice to Proceed delivered after execution ofthe Canstruction �ontract and the Developer est�mates that the "�Vork shall be cornpleted within a t�mefrarne approved by the Cit�Engineer. . If Devel�par fails to perform or comply with any of its obligation� under this Agreement,as and when r�quired,whicf�cc�ntinues fc�r a perit�d of thirty(30)days after written natice of such �'ailure by the Cit;y to Develc�per (pravided, however, if such failure is susceptible ofcure but�annot reasonably be cured within such thirty{3U)c�ay perrod, and Develc�per shall have commenced to cure such failure within such thirty �4� (30) day period and thereafter diligently and expeditiously proceeds to cure tl�e same, such thirty (30) day perrad shall be extended for an addit�anal period of tzme as is reasanably necessary for the Developer in the exercise of due diligence to cure such failure),then City sha11 have tha right to terminate this Contract effect�ve immediately after the passage of applicable notice and cure periods. Upon such termination, the Develaper shall be entitled tc� receive reimbursernent fc�r Work completed 1n conformance with the Finat Plans and City ofRedding Construction Stiandards,but n�t with respect t� any VVork not executed by the Contractoz: G. City rnay terminate this Contiract w�thaut cause on thirty (3Q) calendar days' vvritten notice. In the event of terminatiQn by the City without cause pric�r ta corn�nencement of constr�ction, th� Developer sl�ali be entitled to receive reim6ursement for costs incurred by the Developer as a direct result of such terminat�on: In case of termination for the Cit�'s convenience after commencement of construction, the Develaper shall be entitled to receive payment for Work compl�ted, and cc�sts reasonably incurred by Develt�per as a direct result of such terminatian {including, without limitation, any termination fee c�r cost due C�rntra�tor andlc�r any �ubcontractor or materialman); but not with respect to any Wark not completed by Contractor. . Developer hereby ackn�wledges and agrees that the obligation af City tc�pay under this Contraet is contingent upon the availability of City's funds which are appropriated ar allocated by the City�ouncil. Should the fundin;for the Wc�rk set f�1-th herein not be appropriated or allocat�d by the City Councii, �ity may terminate this Agreement by furnisl7ing at least thirty{30)cal�ndar days' written notice of its intention to terminate; In the e�ent of a terrnination puisuant to this subdivision, Developer shall not be entitled to a remedy af acceleration af payments due over the term of this Agreernent 6ut shall b� entitled to reimbursernent as set forth in 5ection 4.0 abave. The Parties acknowledg� and agree that the power ta terminat� described herein is required by Article 16, Section 18; of th�Californl� C�nstitut�on; and that ct�nst►tuti�anal provision supersedes any 1�w, rule, regulation or statute which conflicts with the provisions of this Section. E. In the event that City gives notice of termination, L}eveloper shall prornptly ass�gn and de�iver to City any and all fnished and unfinished reports, data, studies, �ahatographs, cl�arts c�r ather nc�n-legally privileged work praduct prepared l�y or at the direction c�f I�ev�loper pursuant to this Contract ta the extent assignable by the I7evelc�per. To the extent permitted by law, City shall have full ownersh��; including, but not Iimited to; intelIectual property rights,and control ofali such finished and un�nished reports,data, studies, photographs, charts or oth�r work product. City agrees and acknowledges thaf any wc�rk product transferred pursuant to this Section 4.E are transferred "AS-�S" withr�ut any xepresentatic�n or warranty by Developer and Develt�per shall have n� Iiability tcr Cify c�r any other party with tespect ta the use of any such work product after the termination of this Contract, and City shall,to the fullest extent permitted by law, indemnify>prcrtect, defend and hold harmless, L��veloper; its members, officers, employees, agents and representatives, and each ancl every one of them, from and against a1I acti�ns, damages, ccasts, liability, claims, loss�s, penaltres and expenses (�ncluding, but not limited to, reasc�nable attorneys' fees, expert fees, litigation costs, and investigat�ve costs) c�f every type and descriptic�n tc�u�hich any or all of thern may hs� be sub3ected,wh�ch in any way arise out of or relate to the use of the wark product. F. Subjeet to Sectit�n 4. E, in no event shall the terrnination or expiratic�n of this Contract be construed as a waiver of any right to seek r�rnedies in law, equity�r otherwise fc�r a I'arty's farlure to perform eacli c�blrgation required by this Contract. �ECTI N 5. CC1I�tSTRUCT�C►l�T A. The Develaper shall cause tlhe Work to b�perfarmed by a cc�ntractor{"Contractt�r"} licens�d an the State of �alifornia far the Work perfarmed and shall requrre a construction contract{"Construction Cantract")the form and content of which must be reviewed and approved by the City's Pub11c �Vc�rks Engineering I)ivisic�n pri�r tt� execution by the Developer. The Ct�nstruction Cantract will include, but not be Iimited to,the foilo�vzn�key elements: � Contr�ctor regastration with the Californi� I�epartment of Industrial Relatlons per Section 10 of this Agreement � The Lleveioper shall contract with a qualified entity("C�nstruction Manager") ar perfQren the�nselves to provide aIl construction management services to include quality c�antrc�l, material testing, field lnspection,and all necessary field inspection to ensure the-project is built tc�the bid speci�cations, Final Plans, and C(�RCS. Inspectio� should be cc�r�sidered intermittent dependent can the work being performed.The Construction Manager shall be entitled to a fee,which fee sha11 be pald by Deve�oper as part of the ApproVed�udget, of the Construefiion Manager's general cc�nditic�ns, Construction Manager qual�fication�shall be submitted and appraved by the City pr�or tta Developer�ntering into an agreement Ltnless not self performed for the amount stipulated in Exhibit B.The qualifications of the Construction Manager shall include all projects in progre�s or completed over the last five(5)years that are carnparable to the prc�ject, deslgnated personnel and their roles c�n subrnitted projects and include agency references ruith names,addresses, and current phane numbers. The responsib�e personnel of the Construction Manager s�tall also be identified and at minimum shall include the Project manager, Resfdent Engineer, Inspector and other key project staffwho will be directly involved `rn the project, The City wi1l provide oversight inspection c�f the work associated w�th the Pennit. . The Dev�laper shall keep an accurate record of the actual cost of the Froject 1n accordat�ce with generally accepted accounting procedures. Dev�loper shall allow the City's authorized represent�tives tc� examine and pravide ct�ples c�f any recc�rd� relevant to the verr�cation of the actual cost of constructing the Pro�ect; including, without lrmitation, all contraet bids, invc�ices, and change orders. An� changes that occur during the course c�f construction shall be properly docunnented. C. The Cc�nstruction Cantract shall be a guaranteed maximum price or stipulated sum contract and shall contain andustry standard �varrant�es and indemnities in favor af the City as set forth in Sectian 8 herec�f. The Contractor shall have all licenses, , permits, quaiifications and approvals of any nature whatsc�ev�r th�t are legally ���, required for Contractor to carry out the Work. . Attention is directed to the provisions in �ections 10262 and 10262.5 of the Public C�nt1•act Cade and Section '7108.5 of the Business and Professions Code concerning prompt payrnent to subccsntractoi�s. E. Upon satisfactory cornpletic�n,the Develc�per shall p1°epare and delivet to the City as- bu�lt construction drawings in a format acceptable to the City. F. The Develaper s11a11 have the sole responsibf lity fc�r obtaining and maint�inin; records of any and a11 necessary access agreements and easements Qnto private praperty for c�nstruction af any portion the work requlred by the-prc�j�ct including staging areas and temporary ct�nstruction easernents. The Developer shall be responsible for�ny costs assc�ciated with obtaining access,agree�nents and easements and ver�fying the validity of exlsting easements SECTI�I�T 6. E L PE �lt� UE�T Ft)R I B�:J12�E El�T'T �. City shall re�mburse Develaper for eligible ca�ts af the Project in an amc�unt not to exceed One Hundred Sixty Three Thousand Six Hundred and F�fty Dollars and 00/100 ($163,650.00). . The Proposed Project Budget is included and attached as Exhibit S for completion of the Work(which includes th� Designer's fee,the Canstruction Manager's fee, and the proposed�onstruction Contract at�nc�unt)far review and approval,which approval shall not be unre�son�ble withheld, conditionedg or delayed. The City shallp within �ve (Sj business days, approve the proposed budget, flr provide to th� Developer a statement of changes required tcr be made in arder for the praposecl budget to be aPpr�ved. If the proptased budget exceeds t�e Estimated Project Cost, Cnu11ci1 apprc�val shall be required.The Develaper shall not cause construction to commence unless the proposed budget has been apper��ed by the City. 4nce approved by the City,the proposed budget as modified by change orders is referred to herein as the ScApproved Budget." C. Develc�per sha[l submit funding requests as frequ�ntly as monthly tc�the City for Work completed to the d�.te of�he funding reques#. A11 funding requests shall include a certification from the Cc�nstructi�n Manager that specified Work has been compl�ted (including percentage of completi�n) �n a good and wc�rkrnanlike manner and that, except for Wc�rk covered by tt�e�urrent funding req�iest; all due and payable payments have been made far aIl c�ther labor and materials excluding a 5 percent retention payable at time of�nal payment. The funding request shal� include conditional c�r unconditional releases of l�ens (through the date covered by the irnmediakely preceding funding request) frc�m (a) the Contractor and (b) �11 other pc��ential lien �laimants (e.g., subc�ntractors, l�.borers, rnaterialmen) performing labor or services or supplying materials in connection with the Wark.Pu�suant to Section 10;Develtsper shall provide certified pa�rall rec�rds evidencing its complian�e withthe State Prevaing Wage 1aws. Within ten {10) business days after receipt of a funding request from Developer, the �7� City Public Works Engineering I�ivision shall approve th�complete fund�ng request or only a portion of the funding request rn its reasonable discretion and notify Developera The City shall nat disapprove a funding request that conforms with the Approved Budget and is accompanied by the backup documealtation required above. If the City I'ubli� Works Engineering D�vision disapproves any arnount requested by Developer in a disbursement request,the City sha11 pr�mpt[y notify Develc�per ofthe disapproved arn�unt and tlze reason for disapproval. If any rtem in a disbursement request is disapproved,the representatives of Develc�per and the City shall meet prc�mptly and in g�c�d faith to atternpt to resc�lve the matter to their mutual satisfaction. . AIl c�rrect, complete and undisputed funding requests sent by Developer to City Shall be paid within thirty (3Q)calendar days of receipt. E. City reimbur5ement sha11 be limited to eligible costs assoclated with the Road improvements and VUater �mproveinents, unless other-wise appraved by the C�ty ��uncil. Sewer improv�ments are Developer obiigations and are not el�galble f�r i°eimbursemen�. �E+�TI l�7. IS�ELL ECII[TTS PRO SIOI�S r�, Each of the undersigned signataries hereby represents and warrants that they are authorized to execufe this Agreement on behalf of the respective parties to this Agreement9 that they have full right, pawer and l�wful autharity to undert�ke all c�bllgations as provided in this Agreement; and that the execution, performance and delivery of th�� Agreement by said signatories has been fully autharized by all requisite actions on the part af the respective pag-ties to this Agreernent. B. T�is Agreement has the same force and eff�ct as any deed covenant running with the land and shall bene�t and bind all owners of the propert;y present and future, and their heirs, successt�rs and assigns. �, De�el4per sha11, during the entire term of this Agreement, be construed tc�be an independenti contractor and nothing �n this Agreement is intended, nor shall It be �c�nstrued,to create an ernployerlemployee relationship,assocratit�n,jr�int venture relatioizship,trust or partnership or to allow City tc�exe�cise discretit�n or control ovex the profe�sic�nal manner in which Deveioper performs under this Agreement. Any and all tax�s irnpc�sed an I�eveloper's rncome, imposed or assessed by reason c�f this Agreement or its perfarmance, �ncluding but nc�t limited to use taxes, shall be paid by I�evelc�per. Developer shall be r�sp�nsible for any taxes or penaltie5 assessed by reason af any claims that Develc�per is an employee c�f City. L)evelt�per shall nat�re eligible for coverage under City's workers' cornpensation �nsurance plan, t�enefits un�er the Public Ernployee R�tirernent System or be eligible for any otl�er Czty benefit. D. No provision �f this Agreement is lntended to; c�r sha11 be fc�r the benefit of; or construed to create rights in, or grant remedies to, any person c�r entity not a party heret�. E. Devel�per shall cause the �ontraetar ta maintain accounts and records, including .,,g� persoi7nel, property and financlal records, adequate to identify and aGcount for all costs pertaining to the Work. Thes� records shall be made available for audit purposes to any authorized representative of City. I)e�veCoper shall retain such records for three (3) years after the expiration of this Agreernet�t, unless prior permission tc� d�stroy them is granted by City. F. To the greatest extent perinitted bY applicable law,each of the Part�es hereto hereby irrevocably waives aniy�nd all right to trial by jury in any action,pro�eeding, claiin or counterclairn,whether in contract or tart, at law or in equity, arising out of or 1n any way related to this Agreement or th� tran5a�tions ccrnternplated hereby. Each Party fut�her waives an� right tfl consalidate any act�on vvhich a jury trial has been waivet�with an�other actic�n in which a jury trial cannot be t�r has nat been waived. SE�'TI I'��. INSIT +C� The ol�ligations to the City required of Developer in Secti�n 8 relatrng to ins�rance may be satis�ed by I?eveloper's authorized general cantr�ctor; subcontractar or design consultant. Only in such event shall Devetoper be relieved of the c�bli�ations set forth �n this Section 8. A. Cantractor and L?esigner shall maintain the following noted insurance during the duration c�f the Cantract, Covera�e Reauirecl Not Ite�pu��ecl Camrnercial General Liability X Comprehensive Uehicle Liability X Warkers' Compensation and Empi�yers' L°rabilrty � Frofessional Liability{Errors and C.3missions} X (1'lace an"x"in the appropriate b�ux) �. Cc�vera�e shall be at least as broad as; l. Ir�surance Services (�f�ce forrr► number CG-�1401, Cc�mmercial Gene�al I,iability Insurance, in an arnounti nat less than$1,00�,t}0{3 per c�ccurrence and $2,000,000 general aggregate for bodily injury>Personal injury and property darnage; 2. Insurance Services Clffice form number CA-OOd1 (Ec1. ll87); Comprehensive Automobile Liab�lity Insurance, which prc��id'�s for total I�mits of nat less khan$1,0(�0;000 combined single 1im�ts per accident applicable to all ownedi nc�rnowned and hired vehicles; 3. Statutory Wc�rkers' Compensation required by the Labor Code of the State of Califarnia and Empla�ers' Liability Insurance in an amount not less than $I,�OO,�iJO per occurrence. Both the Warkers' Compensation ancl �,g� Emplc�yers'Liability polieies shall cc�ntain the insurer's wa�ver af subrogatian in favor af City, ��s el�cted of�cials, t�f�cers, emplayees, agents and volunteers; 4. Professional Liability (Errors and Omissions) Insurance; approprrate t4 Developer's profession, against loss due to errar c�r c�mission or malpractic� in an amount not less than$1,0(}O,OOI�. 5. Course of Construction Insuz°anee provid�ng coverage for all"risks"of loss in the a�nc�unt of the completed project value, 6. Contractor Pollution Liability, in the amount of$1,00Q;000,to include but nat Iirri�ted �o coverage for bc�dily injury, property damage and clean:up arising frc�m pollution conditions created by the contractor or encountered during work at�c�b site.C�verage must apply to cleanup,dart7age or injury that c�ccurs an, +�r tl�at originates from,the site. 'T. The City does not aceept insurance cer-trficates c�r endorsements with the wording"but c�nly in the event of a narned insured's sQle negligence" or any other verbiage limiting the znsured's insurance responsibility. C, Any deductibles or sel�insured reten�ions must be declared t�and approved by City, which approval shall not be unreas�nably withheld, conditioned or d�layed. . . The General Liabilrty shall contain or be endorsed tc� eontain the follow'rng prc�vis�ons: 1. City,its elect�d officials, officers,emplayees,and agents are to be covered as additit�nal insured as respect� liability arising aut of work or c�perati�ns performed by or c�n behalf c�f Developer; premises owned, leased c�r used bY Develaper; or autamabiles �wned, leased, hired or borrc�wed by I�eveloper. The c�verage shall conta�n no special lim�tations on the scope of protection afforded to City; its elected officials, of�cers, employees, agents and volunteers. 2, The insurance coverage r�f Developer shall be pr�tnary insurance as respects City, its elected officials, afficers, employees, agents and volunteers. Any insurance or self-insurance maintained by Clty; its elected c�fficials, officers, employees,agents and volunteers,shall l�e in excess of I�evelc�per's insurance and sha[1 not ct�ntribut� with it. 3. Coverage shall state that the �nsurance af Developer shall apply separat�ly ta each insured against whom clairn is made ar suit is brought, except with respect to the limzts af the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed ta state that coverage shall not be canceled except after thirty {30) calendar days' prior written not�ce has been given to C1ty. In add�tion, I�eveloper agrees that it �10� shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been glven to the �nsureds. E. I1�surance is to be placed with insurers with a curc°ent A.M. Best's rating of no less than A-VII, F. Developer sl�all cause the Cc�ntraetorto designate the CiYy ofRedding as a Certifcate Holder of the insurance. Deuelc7per sha11 cause the Contractor to furnish City with certificates c�f insurance and c�rigrnal endorsements effecting the cc�verages re�uired by this clause: Certificates and endoi•sements shall be furnzshed to:IZisk Managernent Department, C�ty of Redding, '777 Cypress Avenue, Redding, CA 960t}1. The certific�tes and ertdarsements for each insurance pc�licy are to be signed by a persc�n authorized by the insurer t�bind coverage on its behal£ Al1 endorsements are to b� received and approved by the City's Risk Manager prior to the commencement c�fthe Work.City rnay withhold pa�mentis tt�Developer if adequate certi�cates of insuxance and endorsements required l�a�e not been provided,ar not been provided in a timely inanner, G, The requirements as ta the types and l�mrts r�f insurance coverage to be maintained by Contractar as requ�red �y Section 8 of this Cantract, and anY apprr�val of said rnsurance by Cit;y, are not intended to and wi11 not in any manner Iimit crr qualify the liabilities and c�bligatiarrs otherwise assumed by Contractor pursuant tc� the Construction Contract, including, without lirnitation; prc�visions concerning indemni�cati�an. . If any pc�licy ca�'insurance required by this Section is a"claims made"policy,pursuant to Code o�Civil Pracedure § 342 and Government Code § 94�.6, Developer shatl keep said insuranc�in effect for a periad ofeighteen(18)months after the cornpletion of the Work. I. If any damage, including death, personal injury or property damage, occurs in cc�nnection with the perfc�rmar�c� of this Contract, Develape� shall immediately notify City's Risk M����ger by tel�phone at(53t�}225-406$. Nc� later than three(3) calend�r days after the event,Developer sha11 submit a written repart to City's Risk Manag�r containing the fr�llc�wing informatxon, as applicable: 1)name and address of injured or deceas�d persan(s); 2) name and address of witnesses; �) name and address of I7eveloper's insurance company; and 4) a detailed descriptian of the damage and wheth�r any City property was 1nvc�lved. SECTI(?I0�9. INI�E NIFI�ATIOI�T HOL A �.,ESS A. Consistent with California Civil Cc�de § 27?S, Developer shall indemnify, defend, and hold harrnless City. Deveio�er s�all cause its C�nstructron CQntract tc� include prov�si�rns that require the Contractar, to the fullest ext�nt perm�tted by Iaw, also indemnify protect, defend and hold harmless; City, its eleetad officials, officers, employees, and agents,and each and every one of thern, from and against a11 actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not �i1� limited to, reasonable attorney's fees of the City Attorney or legal counsel retained. by C1ty; expert fees, litigatxon costs, and investigatian costs) of eveiY t�'pe and descriptian to which any or all of them Y�ay be subjected by rea�on of; ar resulting fram, dire�tly or indirectly, the negligenee, recklessness, or willful m�scc�nduct of Ctrntractor, its t�fficers, ernployees ar agents in the performance ofthe Work, except when liability arises due fio the sole negligence; active negligence c�r miscr�nduct af tlle City, as provided t�y California Civil Code �ectic�ns 2'7$2 and 27$2,Q5. . The Contractor's obligafian to defend, indemnify and hold harmless shatl not be excused because of the Contractor's inability tc� evaluate liabillty. The Constructiion Cantc•act sha11 provide that Co�ltractor shall respond within th°rrty (30) calendar days tt�the tender�f any claim for�efense and indernnity by the City, unless this time has been extended in writing by the City. If'the Contractor fails to accept or reject a tender of defense and indemnity in writing dellvered 6y City within thirty (3Q) calendar days, in additian to any other remedy authorized by law, the Cxty may withhold such funds the City reasonably consid�rs necessary for its def�nse and indemnity until disposition has b�en made ofthe claim c�r until the Contract�r accepts or rejects the tender of defens� in writing delivered to the City; which�ver c�ccurs �rst. This subdivision sha11 not be construed to excuse the prompt and can�inued performance c�f the duties required af Developer or Contractor herein. C. The Contractar's obligation to indemni#'y,protect,defend,and hold harmless set forth in this Se�tion applies to all claims and]iability regardless of whether any insurance policies are applicable. The palicy l�mits of said insurance polieies �o nc�t aet as a limitation upt�n the amount af indemnification ta be pravided by Contractc�r. . The Constructio��Cc�ntract shall provide that the City shall have the right to ap�rove or disapprove the legal counsel retained by Contractar pursuant to this Sectic�n tc��epresent City's interests. C�ty shall be reimbursed for a11 costs and attorney's fees incurred by C�ty in enfc�rcing the c�bligations set forth in this Sectian; �E�TI�1r1�110. P �t�sILTN� AGE A. P�rsuant to Sectic�n 17�t� et seq. of the �alifc�rnia Labor Cc�de, Develaper is advised that the wc�rk cantemplated in this contract rel�ted tQ construction is a public w�rk subject to the payment af prevailing wages and all other requrrements of the Prevailing Wage Law. The preva�l�ng wage vf eac13 j�b classification may be found by inquiry with the Calift�rnia l)epartment of Industrial Relations. Developer shall comply with all l�ws related to the performance c�f public work including, but not limited to, rhe employment of apprentices pursuant to S�ction 177'7.5 af the La�c�r Code, work day/week haurs and overtime rates pursuant tc� �ectic�ns 1813 �nd 1815 of the Labor Code and the obligatian set forth in Sections 1774-1776 c�f the Labor Ccrde in regards to payrnent of pr�vailing wages and t�a provide the City af Redding andl Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the Gity of Redding along with the related invoice. Receipt c�f certi�ed payrc�ll recards is a prerequisite to receiving payrnent. �.�z.� . No Contcactor, sub-contractai; or cansultant may be listed on a bid praposal for a public works project unless registered with the Department of Industrial Relat��ns pursuant to Labar Code Sectiori 1'725.5. No Contractor;s��b-cantractar,ar eonsul�ant may be awarc�ed a contract for public work on a public wc�rks project unless registered with tl�e Department of Industrial Relations pursuant tc�Labar Code Sectian 1725:�. All Contractcars, sub-cantractors, or consultants mc�st furnish electranic certified payroll records to the Labor Comrnissi��er. This requirement applies to a11 public works projects,whether new or ongaing. Developer is further advised that the work colltemplated here'rn is subject to campliance inonitoring and enforcement by the D�partment of Industr�al Relations. �. Devetaper shall cause the language set farth herein tn be included in the Cc�nstruction Contract�nd contract with the�onstruction Manager. � 13M II�T I'TI�TE�� E CiF, City and Developer have executed this Reimbursement Agreement on the day� and year set forth below: �IT�' � I1+TG, A u�ticipal Corparati�n �ted. ,2026 �y: Ndike Litt�u,l�ayar 1�'�Z'��'�°°. F C�VE t�S T�F Sharlen�Tiptoa�, �C'iiy Clerk By: �enjamin Stock,Inte��m �i#y t�ttorn�y �la�k 7 et�il In�es�o�-s,LL� �.9� ,� �!� �n. ��� �ted�.� �� ,2026 _ �.��.���.��. _. �� �..:� F .� By.F Allen I�natt, 1Vlanag�r af�D�]Progerties LL,C,the 1Vlanaging Member of Blr►ck 71�eta�1 Investors,LLC Tax I l�to:: �4-3179559 �.. i q � � �1� � IA ��( L � � �' CIUIL CQDE§-1989 A natary pub{ic or other officer campleting this certificate verifies only the identity af the individual wha signed the document ta which th'is certificate is attached,and not the truthfu(ness,accuracy,or validity of that document: State of Califarnia --- ------__ _. County c�f ���'°�� � �� ���..� L3 ���n,�,� �r ��"�`i �,.��}C,� Un b�fore me, , date ere lrasert Ncrme and Title�f the Offrcer personaliy appeared ���,� '���'�`9 � `� Name(s)ot Signer(s� who proved ta me an the basis of satisfactcsry evidence tc� be the person(s)whose name(s) is/are sub�cribed, to fhe within instrument and acknowledged ta me that helshe/they executed the same in hislherftheir authorized eapacity(ies), and that by his/her/their signature{s) on the instrumentthe persQn(sa,c�r the entity upon behalf of which the person(s)acted, exeeuted the instrument. I certify under PENALTY C7F PERJURY under the laws of the Sta�e of Califcarnia that the foregr�ing ���g������ paragraph is true and carrect. �. ' ��r�ubcst-ea�t�orni� s�,ast�County � WIThlESS my hand and official seal. Ca��nissian�2�92759 t�y Core�m.E�pir�s Jun 21,�031 ��- m ��� � �,��,.� �,.� � � Signature N "� �`�°.��a�. P/ace Notary Seal andlor Starnp Above Si c�ture f otcrry Pub/ic ��7"i���L Comp/eting this infarmation ccrn deter altercrtion of the document or fraudulent recrtPachrrrent af this form to an unintended document: ���r��t6�r� �f At�aehed �o�tamer�t Titl� csr Type ofi �t�cument; Document[�ate: �lumber ofPages., Signer(s� 4ther Than Named Above: �apaca�y(ies) �6�irrsed by�igrter�sj Signer's Name: Signer's E�ame: ❑ Corparate t�fiicer— Title(s); Ci Corparate C?fficer—7itle(s): � Partner— ❑ Limited ❑ General � Parkner= n Limited ❑ General ❑ lndividual ❑ Attorney in Fact ❑ Individual ❑ Attarney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Qther: ❑ (�ther: Signer is I�epresenting: Signer is Representing: � _ v _ _ � " : � J2t�19 National Notary Associatian � � � � � v Z r �_ �� F,.�.-,�� ��: � _ °s � � � m — d � o 1 E `� ¢ �, � � ;1 w �1 � r� � W� �-- 2 I�. � � � �� $m w° � � � f— � W � � '`� �z w ^. .. � ��=., �a, n._ 1.�,7 . �„ ' w Y ���r� � � � tL_t�,_ � �� �`� �W � _ ( ��Oa � e�.n ,�l}`�. (i�..� � �r 1—}- J �'�a Z� �N� �:� \ '�y{";'�,�„ f (� f � m �� �a�.� �'��� l F* �3 °`.`..'"'1-].\:.y,;-l.3 � � � � c� q p O� 0 � : �S � � � e ti `��� w � r.c�¢t-' �� , .;,- _....____W.� ��(.Z'' 1�3 K � o I� = x r i �¢JZ , � - � � Y �y x� oo "- w�._ .; I � '"""' Q .� ^0 3. �. G�j„_��..'�1. �. � _� � 4✓ L�k' � � � z� 1�.l. . �=4 c'� ����y� ���\, .�-� �� ��CI � LL d: U� r� � . C.,}Z .� � � � � � .. 0� C? ' _ �.�- ��� � �� O.K .. ,... _ .: ,��:� � n v=i :M. � � ._` _"__ � _. __._ _._... .a W N . m t�i. �,,,,. --- � ��.J a . e� Na O,f J I i :� .. >�� � . ,d� . . >d� ` � � Qo Q�Wp. r <t g // . . . . „ '[�� � W m t!}il'". f .:b .;T' �WZ �� � ./ �,.; ��._<:�-a-x-•.� .._,..._. _ .. .�N�w VI W li tJ '".,. =Z WR'Ll1S i ml- �mOd �. � �j o� ����� ( ���.4��4"r."� �-.'�"��. �,�[� . � ```� H O N� p � � d I `, � � Q r � \ .���. � �::� � �t� � A'`� �( ` � � � ` � F �y � ':� � ,` � t � ��� J _ ` } ::`� ._ �� , ,��1 4 � ' � a ;�j�, ���� � ,� .��»� � � . ��, i c� �` –� , ro. � �� y � �s , I t� t ` � ` ��—--�`7———————— / a: �����_t� �1� _._ _�.a_ .?..,.. �4 - � i , � _.� ___.c�T ��--u,y�� �. `" f , i`u--- � �-_�_�-�.., . : : � � _.�� „=wr � � ` � f\\"� � ��„ �; .� e_.J_� —.-�+k-'g--�-. e . �T \ �- � ;:� 7r� _�,'�..� ' C-� i �.�� \\r.'.` i �., � �_=J��;� �� '� �;, � �;�-- � _. �� � ����.�� � �� � , � ; ^�. �:�- ,.,.n -:,_, 3N11 1.1N3d4Jd � ,.4.--_4 _�: � �_.__ _::._ �._ ��_, ��-� _v � — . _.� ; __ __ ,._._ .�„ �ti _.�.. �._ .__._ �_ __ � �_�_, �.m�,� �. ~= � �—:. �. -�"_`.,� a ¢ � � � �� � �,_� � � wv� o�v=io Iam� 'I o�,>w°' � w..� ����J � Q�4Q: F �\ �I � ��m� � �4�.W� m F�T � �x �� �m�:� .�� �=�Y��. d'+�Q'h` �'��. ��G.?�tn :K� �ti�'�. �0��:� �) p: ��.li:[.i:. �Q� ».'�C.�iQt.�: �C?� OS �.`� \I �. � .J V5 ��. LC��r . UJ•-`J W�d � �.�' �C'0�:^ �� ����� � .. Wh��Cl . ��.�:I'� W. rn d Z� � ��j �� C?r- 1 1 c? F- �o�s>-' ? w ����z \�� � w \ � � � � ��` s-¢��c3 �\�Lti. .' ` o dn�, I ' � � II � � �.. _ � � �7I � � � ___ � I ��� `� — ii a �r�l �j��� M .w �; w. . N wu �Rc���cr�v,�rw� c�Ya,�su�erpad ,��.r��rv��r� r�o, c►A�'�: 04/27/26 �� �T ��� � �'� Indu�troal 9treet imprc��em�nts ( e�t} L� T: QUAWTYTIES BYc QTY CNECItED BY: iP"R�,��CT �. UidIT PRICES Blft �QPI"P C7"IT� � UtdTT QlJ�N7ITY P12IClE AMOUN1t 1 Clearir�g &Grubbinc� _ LS 1 2,5i70,OQ 2,500.00 2 Earthwork LS 1 2,50(}.�0 2,50U.00 3 Erosion Cantrol LS 1 2,500.00 2,500.00 4 Ag9reg�te Base LS 1 3,575.0� 3,575.00' 5 Curb&Gutter(Vertical} _ LS 1 _ 13,585.00 _ 13,585.�0 6 Sidewalk (4") tS 1 10,725.00 10,725.44 7 Sawcut LS 1 2,440:Q0 2,t3Cl0.00'' s o.00 g t1.40 �p 0.00 11 O.QO 12 t�.QO 13 0.04 14 Q.00 �5 _ t7.00 �( O.dO 17 d.00 1� 0.00 1g _ 0,00 �p O.tlO z� o.aa �� aao z� a�o SUBYClTAL.{CC)NTFtA�CT ITENIS) $ 37,3�5.Q0 CAMTINC,EiyGrES {10°10) $ 3,738.50 CC3NSTRUCTEO�!�UBTOTAI. $ 41,123:50 {�itV1CC6fltTl�Cltc'4�r ��S9�11F �'e"!1'1 R�Vt�Wp P�CBY9B�5r$UPV�j+S� �F+��LI�$��RY��G�Iy�E�11�1�"7` 1Q'�/G � �'��$.�JQ (Gontract 6►dmin.,Inspecting,TeStafig, St�kir�g)CC?MSfi12UC7'IQPd ENGIN�ERINC,- 30"!0 $ 3,738.50 T TAL. $ 48,,600.50 r�s'� � r� r�� �t9rCt���r� FURJt3ING St7tJi2CE: For BudgeC Purpas�s,Say: L:\Forms File\Prelim Cost EstimaYe_GHYBA Superpad �rta���r���aE'cr�v��super�a� �,c.rE��v�°r���. �AT�c o4/27/�b l� � �T " I��� TI ' Inelustrial Street im�rovement� (Ea�t� L� T: t'�WAh17`ITIES B'Ye Ql'Y GHECKED B�Y: F"RA3E P#Q.' UNIT P CES SV':' C� T CT ITE � UNT'T° QUANTTTY PRICE AI�t'�UNT 1 Clearing &Grubbing LS 1 7,5CJO.OQ 7,500.00' 2 Earthwark LS 1 7,SOO:flO 7,500:Q0 3 Erosion Cc�ntrol LS 1 7,500.OQ' 7,5Q0.40 4 A9gregate Base �S 1 10,OOQ.aC1 lO,QOd.QO 5 Curb RamP �TYPe °A`) EA 3 S,DOQ.QO 15,Of�Q.00 6 Sidewalk(4"j LS _ 1 41,OOQ.00 4�.,0OO.OQ � o.00 � _ o.00 � o.00 io o.00 ii o.00 r2 0.00 z� aoa ia _ o,�o i� Q.00 �.� a.aa �.? o.ao ia o.00 �� o.00 zo o.00 �1 0,00 �2 _ o.ao 23 ti:(7Q �UBTOT�4L{COht"7'IxAC"P"I'fEP9S) $ 88,�00.00 GORITINt""sEE1CIES (1A%) $ 8.85Q.(10 CVi\�TBlVlpi�iV1Y��.J6IO�WiM4. :�� 7�KJJ�.�U �. (Envdronrnental, Design, PI�i1 R�V6�Wr Permits,�urveys) PREL2N1iidARY ENGINEIERING- 10°lc $ 8,850.OQ ' (Cantract Admin.,Inspecting,Testing, Staking} GON9TRUCTIORJ ENt;INEERiM6- lt?°lo $ 8,85b.Q0 T 'P (. $ 115,050,00 6`��� ��C� �t"B tl �� � ��ItT1c� it� �C FUN[IEN�50URCE: F�r Budget Purpos�s, Say; �:\Forms File\Prelim Cosk Estimate�CHYBA Superpad (7►TI�E OF 1d�IPTI�}N Tt�; � {3ffice of Planning and Research FROM. �ity of Redding 14d0'Tenth Street,Roorn 121 Public Works Department Sacrarnento, CA 95814 7'17 Cypress Avenue Redding, CA 96Q01 � Shasta Cou�lty Clerk Caunty of Sl�asta P.{a, Box 990880, 1643 Market Street Redding, CA 96099-0880 Praject Title. Reimbursement Agreement for California Herita�e Youti�Build Academy(CHYBA) Project Location—�pecific: City ofRedtlin� Pro�ect Location—City: Reddin�Prajeet Location—County: Shasta I�escripti�n of'Projeets Tl�e Citv of Reddin�is enterin�into a reimbursement a�reement with CHYBA for the construction of a 10-fc�ot sidewalk alor�g the CHYBA fron#age. The City will reimburse the costs for the construction of tlle 10-foot-wide sidewalk that would otherwise be completed at a later date with the VCAT prc�jeet.Timelv construction of the sidewalk wili provide a public bene�t. Name af Public Agency Approving Frt�ject: City of Redding Name of Persan or Agency Carrying(}ut Project. Josh A��thony, Assistant Public Works I?irector Exernpt�tatus: (check one) ❑ Ministerial [Sectic�n 2108Q(b)(1); 15268] ❑ �eclared Emergency [Section 21080(b}{3); 15269(a)] ❑ Emergsnc�Project[Sectian 21080{b)(4); 1,52&9(b)} ❑ Statutory Exen�ptions. State code ncimber: � Coinmon Sense Exemption{This project does not fall within an exempt class,but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment(14 CCR 15061[b][3]}. ❑ Categorical E�ernption. State type and section nurnber: ❑ No exceptions apply tlaat would bar the use of a categorical exemption{PRD 210$4 and 14 CCR 15300.2}: Reasons why project is exempt: CE(�A applies only tt� projects whicli have the potential for eausin�a si�nificant effect on the enviranment. This actian has been reviewed and it can be seen with certainty that t�ere is no possibilitv that tlle activi rnay have a significant effect an the environment;therefore.the activit,y is not subiect to CEOA. Lead Agen�y Contact Person: Amber Kellev Telephone: 530.225.4Q46 If Filed by Applicant: l. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency appraving the project7 o Yes o No ,��� ,, �m� � � Sign�tur�: � '� � .���� � �:�,�,,w;�„°�"��.�'�"�'��.��� Date;_ .� Title� Environtnental Com lianc `�ana er �Signed by Lead Agency Date received for filing at OPR; ❑ Signed by Applicanfi CE;L�t��ItJ� 1eti, i� �(}?>>