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CC Resolution No. 7784 RESOLUTION NO. 7784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF CUPERTINO AND TERRY BROWN CONSTRUCTION FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING ON PROPERTY LOCATED AT 10346 SCENIC BOULEVARD WHEREAS, the City of Cupertino owns that certain unimproved real property located at 10346 Scenic Boulevard; and WHEREAS, THE City of Cupertino is desirous of having constructed on that property a single family residence with an attached three (3) car garage and a total square footage of approximately two thousand six hundred (2,600) square feet; and WHEREAS, Terry Brown Construction Company, Inc., is desirous of constructing such a residence for the City of Cupertino; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that the Mayor and the City Clerk are hereby authorized to execute the construction contract presented between the Terry Brown Construction Company, Inc., and the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cueprtino this 3rd day of April , 1989, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Gatto, Johnson, Koppel, Plungy None Rogers None ATTEST: APPROVED: /s/ Dorothy Cornelius City Clerk /s/ John J. Plungy, Jr. Mayor, City of Cupertino CONSTRUCTION CONTRACT This Agreement is dated as of the 3rd day of A~~~ 1989 by and between TERRY BROWN CONSTRUCTION COMPANY, INè:, a Cali- fornia corporation, (hereinafter referred to as "Contractor") and the CITY OF CUPERTINO, a California municipality, (hereinaf- ter referred to as "Owner"). WHEREAS, the CITY OF CUPERTINO owns that certain unim- proved real property located at 10346 Scenic Boulevard, Cuper- tino, California; WHEREAS, TERRY BROWN CONSTRUCTION COMPANY, INC. is a Cali- fornia corporation having its principal place of business in the city of Cupertino, County of Santa Clara, State of California and holding California Contractor's License B352642; WHEREAS, the CITY OF CUPERTINO is desirous of having con- structed on the property located at 10346 Scenic Boulevard, Cupertino, California a single family residence with an attached three (3) car garage and a total square footage of approximately two thousand six hundred (2,600) square feet; WHEREAS, TERRY BROWN CONSTRUCTION COMPANY, INC. is desir- ous of constructing such a residence for the CITY OF CUPERTINO on the property; NOW, therefore the parties hereto agree to the following terms, conditions and covenants: 1. Contractor will construct on the real property located at 10346 Scenic Boulevard, Cupertino, California a single-family residence consisting of approximately two thousand six hundred (2,600) square feet of living space excluding garage as shown in those plans prepared by PARAGON DESIGN GROUP, INC. consisting of fourteen (14) sheets and labeled Job Number 8837. The construction shall be done in compliance with the plans and specifications, as well as all notes and details on said plans. The plans shall be an integral part of this contract and are incorporated herein by reference. 2. As and for consideration for the construction, the City agrees to pay to Contractor the sum of two hundred sixty thousand dollars ($260,000.00), with the adjustments set forth below. The contract price shall be adjusted based upon the square footage of the completed residence. The contract price shall be increased at the rate of one hundred dollars ($100.00) per square foot for each and every foot the residence exceed two thousand six hundred (2,600) square feet. The contract price shall be reduced if the square footage of the residence is less than two thousand six hundred (2,600) square feet and the reduction shall be at the rate of one hundred dollars ($100.00) per square foot for each foot the residence is less than two thousand six hundred (2,600) square feet. 3. The parties hereto each acknowledge that construc- tion has begun on the residence and that the foundation and framing are nearly completed. The works of improvement shall be substantially completed on or before September 30, 1989 and barring any delay due to situations uncontrollable by the Con- tractor the residence shall be ready for occupancy on or before October 1, 1989. During the period of construction, Contractor will work consistently and diligently to complete the work of improvement. 4. Attached hereto and made a part hereof as Exhibit "A" is a Description of Materials to be incorporated in the res- idence. That Description of Materials consists of a title page and ten (10) pages of specifications. The Contractor will sup- ply all labor, transportation, materials, equipment, fuel, lights, power, sanitary facilities, scaffolding, and tools nec- essary for the proper and substantial completion of the resi- dence including the items set forth in Exhibit "A". Anything mentioned in the Description of Materials and not shown on the plans or shown on the plans and not mentioned in the Description of Materials shall be of like effect of those mentioned in both. 5. During the course of construction the Contractor shall be responsible for keeping the premises clean, and upon completion of the work, shall clean the building and leave the grounds in a neat and clean condition. A driveway, front walk- way, and front yard landscaping are included in this contract. No rear yard landscaping is included. 6. Payment of the contract price shall be made to the Contractor in conformance with that certain Payment Schedule attached hereto and made a part hereof as Exhibit "B", within ten (10) days of completion of any phase or stage of the con- tract. Should a payment not be timely made, the Contractor reserves the right to stop further work until the payment is made. The final payment of monies shall be paid to the Contrac- tor thirty-five (35) days after completion of the residence and the recording of a Notice of Completion either by the city or the Contractor or upon issuance of lien-free endorsement issued by a title insurance company acceptable to the City. 7. The Contractor represents the following: (a) It has familiarized itself with the nature and extent of the contract documents, the work to be performed, the -2- site, the locality and all local conditions and laws and regula- tion that may effect the works of improvement. (b) The Contractor has studied carefully all reports, tests and drawings relating to the physical condition of the property prior to the beginning of the project and accepts its determination of the scope of work and technical data contained in those reports. (c) It has sufficient experience and personnel to construct this residence in a timely and quality manner. 8. No assignment by a party hereto of any rights under or interest in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound. Contractor does reserve the right to select and utilize subcontractors of its choice. 9. No completion, payment or performance bond shall be required of Contractor for this job. 10. school fees entity have All permit fees, fees related to plan checking, or other fees due and payable to any governmental been paid by the Contractor. 11. During the course of construction, the Contractor shall have in full force and effect a policy of liability insur- ance covering claims for property damage and/or personal injury with a minimum coverage of $100,000.00 per injury per person and $500,000.00 in the aggregate covering this work site. certifi- cates of such insurance shall be supplied to the city upon request. 12. During the course of construction, the Contractor shall maintain in full force and effect a policy of Workers Com- pensation insurance for its employees and shall require a policy of Workers Compensation insurance for each and every subcontrac- tor working on the job. 13. Contractor guarantees all of its work and the work of its subcontractors for a period of one (1) year, from the date of the filing of the Notice of Completion. During this one (1) year period, the Contractor shall remedy any defects in the works of improvement and pay all the expenses related to correc- tion of those defects. 14. Contractor and city each bind itself, its succes- sors, assigns and legal representatives to the other party hereto, its successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in this Agreement and the exhibits attached hereto and made a part hereof. -3- 15. Should either the City or the Contractor initiate litigation or an arbitration to interpret or enforce any of the terms of this Agreement, the prevailing party in such arbitra- tion or litigation shall be entitled to an award of reasonable attorney's fees as well as any other remedy ordered by the Arbi- trator or Court. 16. The parties hereto each acknowledge and agree that they have been authorized either by the Contractor's Board of Directors or the City Council of the City of Cupertino to enter into this contract and that such authorization was duly given in accordance with each body's rules and procedures. IN WITNESS WHEREOF, the city and Contractor have executed this Agreement on the date first set forth above. The parties hereto stipulate that the Agreement may be executed in counter- parts and each is to have the full force and effect of a fully executed agreement. TERRY BROWN CONSTRUCTION COMPANY, INC. By: TERRY BROWN, President CITY OF CUPERTINO A California Municipality By: /s/ John J. Plungy, Jr. JOHN PLUNGY, Mayor /s/ Donald D. Brown DONALD D. BROWN ATTEST: /s/ Dorothy Cornelius Dorothy Cornelius, City Clerk -4- DESCRIPTION OF MATERIALS For: 10346 Scenic Blvd. Cupertino, Ca. 95014 (Lot 26) House Size: 2600 sq/ft Dated: March 17,1989 Developer: Terry Brown Construction 21721 Granada Ave. Cupertino. Ca 95014 (408) 996-3722 Builder: James H. Sisk Development 10060 Pasadena Ave. Cupertino, Ca. 95014 (408)2')')-2678 ArcbÜec/: Paragon Design Group Los Gatos. Ca. DESCRIPTION OF MATERIALS General Conditions: Scope of Work: Contractor and alJ Sub-contractor~ ~halJ ~upply alJ labor, transportation, material~. apparatu~ fuel. lights. power. sanitary facilitie~. scaffolding. and tool~ necessarv for the proper and substantial completion of the work, and ~halJ remove all equipment and debris of the construction and other thing~ and shall provide all insurance as required by law in addition to fire and theft for the duration of the construction. Plans and Description of Materials: The plans together with the description of material~ attached hereto, will govern the work to be done. Anything mentioned in the descriptIOn of materials and not shown on the plans or shown on the plans and not mentioned in the Description of Materials shall be of liKe effect as though shown or mentioned in both. In ca~e of any conflict between plans and description of materials. the Contractor and or all Sub-contractors, shall be ~olely re~ponsible for the correctness of the measurement~ and other e~~ential feature~ of the work whIch are or may be affected by suchl mea~urements and information. and shall hold the De~igner and Owner free from anv liability resulting from any error or omission of anv informatIOn necessarv for the completion of worK described or implied in the plans or descriptIOn of materials. Cleaning: The Contractor and or all Sub-contractors shall be responsible for keeping the premises clean and upon completion of the worK, shall clean the building and leave the grounds in a neat and clean condition. Guarantee: The Contractor and or all Sub-contractors shall guarantee all worK for a period of (J I year, from the date of written acceptance by the owner and shall ha\'e the work in perfect order at completion and neither the final certificate of payment nor any provision in the contract documents shall relieye the Contractors of the responsIbility of negligence or faulty materials, or worKmanship, and upon written notice. the Contractor shall remedy any defects due thereto. and pav all expenses for same. and also pav expenses for any damages to other work resulting therefrom. 1. EXCA V A lION: Bearing soil type: See soils report prepared bv Ito be provided) 2. FOUNDA nONS: T - Type Footing Foundation Footings: Per plans and soils report Reinforcing: 2-#4 deformed bars top and bottom Reinforcing: 1-#4 deformed bars top to bottom Special foundations: N/ A Slab floor: Garage, 4' concrete Vapor barrier: N/A Subfloor material: 3/4' T&G, glue and nail (as per plan;, 1-118' T&G, glue and nail (as per plan!. Joist: 2 x (, . see foundation/framing plans. Sills 2 x (, P.T.D.F,IL'O.N.I Girders: 4 x (, DF #2 (PO:';. I Columns: 4 x (, DF #2 post to pier. post base anchor at pier. rigid connection to girder Foundation Vents: (, x 14 G.!. screened vents 3. EXTERIOR WALLS: Wood frame: 2 x 4 studs, Douglas Fir at 16' o,c, FO,N, 1.2 x 4 studs at all cripple walls' Bldg paper: Saturated fell. 15# Shear walls Plywood, 3/8' at extenor walls Nailing As per shear wall schedule Exterior walls: 3 (three) Coat Stucco Coin on North front of house to be used brick veneer Painting: Color I,as approved by City of Cupertino' 4. FLOOR FRAMING: Main Level Subflooring JOiSL DF, 2x6 3/4' CDX. T & G D.F., plywood, glue and nail 5. INTERIOR FRAMING: Studs: 2 x 4 studs, D.F. at 16' o.c 6. CEILING FRAMING: Joist: DF, #2, 2x8 7. ROOFING: Sheathing: 1/2 CDX Douglas Fir plywood with I x 6 battens Roofing: Concrete tile, Monray or EQ Fastening: Galv, nails Underlayment: 15" felt Flashmg: Galv. Iron, 26 GA 8. GUTTERS &; DOWNSPOUTS: Gutters: Galv. iron, 26 GA Shape: 6 fascia Downspouts: Galv. iron. 26 GA Shape: 2 x )' rectangular Terminatíon: Connect to drainage system. outfall to storm drain. 9. FIREPLACES: Prefabncaled: Marco 36 or EQ (family room I Glass doors Gas log lighter Masonry: Used Brick (living room! Gas log lighter 10. DRYWALL &; PLASTER: Drywall: All walls and ceilings. 1/2 Gypsum board. 15/8 gvpsum at ceilings with 24 o.e. joist or rafter spacing. garage: 5/8 type 'X all walls and ceiling) Corners: Radius corner bead (bullnose) FinIsh: Walls Texture Note Prepare for wallpaper as owners selectíon Ce iling Garage: Texture Fire taped Paint All Latex or enamel II. INTERIOR DOORS: Door type: Thickness: Door Finish: Door trim: Trim finish: Closets: Closet interior: Base: Masonite 6 panel/Colonist I - 3/8" Enamel Bevel pine, 2 1/4 Tinger joint Enamel Sliding mirrors (except master: 6 panell Multi-level hangers 3-1/4 Fingerjoint pine Ipaintì 12. EXTERIOR DOORS: Main entry: Simpson, 310, fir or EQ I selection by owner I Thickness: I 3/4 Frame: Douglas Fir Head flash: Felt, 15" Compression: Weatherstripping Saddles. Fir Interior Trim: Beveled pille, 2 1/4 finger joint Finish. En.: Doors, Trim, 2 coats acrvlic Paint Finish. Int.: Doors; pre-finished, Trim; Enamel Other Entrance Doors: Garage to house, Masonite, solid core/self-closing All other Exterior doors Garden sliders Iwood I 13. WINDOWS & SK.YLIGHTS: Windows: Tvpe: Material: Glass: Head flashing: Weatherstripping: Scree ns: Special W indo\l/s: Skylights: Type: :vlaterial: Frame Material: Size: Double glazed i.Kolbe & Kolbe or Eq.1 Casement Wood Clad Casement (white) DSB Felt, 15" Integra!, interlocking felt Fiberglass lone piece I Greenhouse in Kitchen N/A N/A N/A N/A N/A 14. CABINETS: Kitchen Material: Hardware: Finish Counter top: Splash: Special: Solíd Oak (plywood box i or Eq. Finger pulls (concealed) full suspension drawers Stam and lacquer iselection by owner) Corían or A vonite or Eq. 4 ¡four inch! Wet Bar N/A Bathroom Material Solid Oak (plywood box) or Eq. Finish: Stain and lacquer (selection by owners) Counter top: Ceramic tile, 4, set in mortar bed square edge tile. Slash height: 4 Medicine cabinets: Nutone Mirrors: Full wIdth x 42 high Other cabinets/built-ins: Stain grade oak with oak top Master Bathroom Material Solid Oak (plywood box) or Eq. Counter top: Ceramic tile set in mortar bed Fmish: Stain and lacquer (selection by owners) Medicine cabinets: Nutone miamì-Carev or Eq Mirrors: Full width x 42 high Garage Rough shelving and work surface I selected by owner) 1 '). FLOOR FINISHES: Room Foyer Líving D1l1ing HalJ Family Room M. Bedroom Bedrooms Bedroom #5 Closets Kitchen Breakfast Nook M. Bath W.c. Tub! shower Powder Hall Bath Laundry 16. PLUMBING: Item Sm!:. Lavatory-MB Bath 2 Powder Water Closet - MB Bath 2 Powder Bath tubs Bath tub- MB Shower Laundrv Material Base LTnderlayment Hardwood Oak Base Plywood Carpet Pine Base Hardwood Oak Base Carpet Pine Base (selection by owner i Cedar Flooring í partial) (selection by owner' Cer. Tile Tile Base Cer. Tile Cer. Tile Cer. Tile I to ceiling! CeL Tile CeL Tile Cer. Tile jo,¡ake Model# Color Kohler Lakefield (Buyer! Farmington Farmmgton Far m ington Rialto Riaito Rialto Mendota Amer. Hydro Jetted Cer. Tile Kohler Recessed plumbing at washing machine and refrigerator. Faucet American Stand. Price pfister PrIce pfister Price pfister Price pfister Price pfister Price pfister Rath Acce330rie3: Tul) Enclo3ure: Water Supply: Sewage Di3posa1: Hou3e Drain: House sewer: Water plpmg: Hou3e bil)3: Soft Water: Drver: Water heater Type: Size: Make: Gas piping: Gas service: Attached. "Ulone. HaJImack . po1i3hed brass or Eq Alum. sliding. Brass anodiz.ed with temp. glass doors I Frameless! Public Public. in street Inside, plastic Outside. plastic Copper tubmg 4 tot al Plumbed for. Gas plumbed Glass storage 50 gaJIon Day and night or Eq. Water heater. furnace. fireplaces and Cook top Utilitv 17. HEATING & COOKING Fue1: Natural gas System type: Forced air Furnace SIze: See plan, estimated MBTLT each Make & model: Day & Night or EQ Cooling compressors: NI A Make Controls: Duct Materia1: Exhaust fans: Cook top: Dryer: N/A Honeywell, dual setback or equivalent Supply. Galv. iron/]" FIG insulation Ret urn. Gal\'. iron Make and model. Nutone #8832 at baths lor Eq rheostat switch Gas Gas plumbed HI. HLHCTKICAL WIKING: Service: Panel: Grounding: Wiring: Special Outlets Doorbell: Alarm System: Phone: T.V.: Underground amp, circuit breakers UFFER Non-metallic cable (romex! Oven, dryer, 220v GFr at all wet areas duplex plugs at garage Nutone. lighted push button at front door or Eq. Yes Kitchen. family room, garage, master bedroom. all bedrooms, den, additional jack on nook waIL Kitchen, family room, all bedrooms. den. 19. LIGHTING FIXTURES - see below Total nu mber fixtures: Allowance: Non-tYPical installation: 20. INSULATION: Location i'i/A See B uil del' Ceiling fan brackets in family room and masterbed. Recessed lights for walls in living room, dinning- room, master bedroom, and den. Thickness Material Vapor barrier Walls 3-1/2 Ceiling 9-1/2 Raised Floor 5-1/2" 21. HARDWARE: Make and Model: Material & Finish R-Value F/G batts II FIG batts 30 FIG batts 1 ç yes yes YQQ Schlage or EQ iBuilder Quality) Polished Brass 22. APPLIANCES: Item Make and Model Steaming Hot Water Dispenser: Range: VentilatlOn: Double Oven: Microwave: Dishwasher: Disposal V acu u m Syste m: Intercom: Trash Compactor: Refrigerator Garage Opener: Dryer: 23. PATIOS: Finish material 24. GARAGE: Floor: Doors: N/A G.E. or Eq. (gas J Downdraft G.E. or Eq. G.E. or Eq G.E. or Eq. In-Sink -Erator Seq uioa V acu u m Syste m Nutone Whirpool N/A Genie or Eq N/A (plumbed for gas! Stoops - concrete or redwood as required by citv Concrete. 4 Sectional panel overhead track. panel. paint grade wood (5 section) 25. WALKS & DRIVEWAY: Driveway Surface Materiaí: Base Ivlaterial Thickness: Front walk: Material Thickness: Steps: Treads: Risers: 4 per plans I salt fmish! Concrete Compacted Native Soil 4 Concrete (salt finish i 4 Concrete (salt finish.1 As required 26. MI5CHLLANHOU5: Special ceilings: As per plans \ spray texture, not acoustic) Living room: Dining: FamIly Room: 27. LANDSCAPING. PLANTING AND FINISH GRADING: As per landscape plans approved by City of Cupertino ...::>----- Exhibit "B" INSPECTION AND DISBURSEMENT SCHEDULE ALL INSPECTION AND DISBURSEMENT REQUESTS MUST BE IN WRITING & SUBMITTED TO CUPERTINO NATIONAL BANK'S MAIN BRANCH LOCATED AT 20230 STEVENS CREEK BLVD.. CUPERTINO. CA 95014. Beforo release ot the FIRST NINE INSTAu.MENTS, InspecUons will be made by Cupertino NaUonal Bank's Inspector and disbursements will be made In accordancQ with his finding that the tollowlng states ot construcUon have been reached. It Is agreed that said InspecUons are made for the benefit of Cupertino Natlonal Bank and not 10r the benefit of the Borrower and that tho Borrower will not rely Ihereon. but will make such InspecUons on his own behalf as he deems advisable. Pl..E.ASE REFER TO . THE CONSTRUCTION LOAN AGREEMENT FOR ADDmONAL PROVISIONS Bv Componcn19 0/0 ~2.0 1.7 3.8 .5 1.4 12.7 4.1 2.7 11.3 4.1 Jt:II. :) .8 1.4 2.2 .4 3.8 1.G 1.8 3.2 1,8 1.1 .6 3.G 1.6 ,,---,.3 .- 1. ExcavaUon &. Rough Grading 2. Fonns &. Rough Grading 3. Footing &. Foundation 4. Waterproofing &. Back-Fill 5. Rough Plumbing through Sub-Floor 6: Framing Lumber On-Site 7. 1st Floor Wood Sub-Floor Wall 6.. Framing 1.t Floor Walls (Labor) 9. Framing completed, Rool Sheathing on 10. Windows 11. Rough Plumbing (Vent, Waste, Water) 12. Rough HeaUng & Cooling (Duct Work) 13. Rough Electr1cal (WIre & Panel Boxes) " 14. Fireplace (Firebox & Chimney) 15. Gutters & Root Sheet Metal 16. Root Covering . 17. Exterior lathing or Sheathing 18. InsulaUon (Wall & Floor) 19. Dry Wall Hung 20. Exterior Wall Material 21. Dry Wall Taped &. Textured 22. Garage Door &. Exterior Doors 23. Inlerlor Door &. Trim 24. Paint Interior 25. Stucco Color Coat andlor Exterior Painting Data Approved -<\. .... j:, !.,t}: ... .¡. . .. ...:, Bv Components % 3.0 1.8 2.3 1.0 .3 1.0 1.4 1.5 2.9 .8 .6 1.0 2.0 .4 10.0 M! Acproved Bv 26. Cabinets Installed 27. Appliance In Place 28. Ceramic 1110 and/or Countertops 29. Resilient Floor 30. Finish Hardware 31. Finish Plumbing 32. Finish Healing & Cooling 33. Finish Electrical 34. CarpeUng or Hardwood Floor 35. Utility Connecllons 36. Concrete Garage Slab 37. Driveway, Walks & Exter10r Stairs 38. Finish Grading & landscaping 39. Clean-up & Inspections Card Signed Oft 40. Notice of Completion Recorded 41. Upon EJ<plrallon of Uen Period lo _ .:18 explraUon of five (5) days from filing of said NoUce of CompleUon provided each and all ot (a), (b). and (c) foHawlng shall then exlsL (iI) No unpaid claims or other liens shall be on file wiUl CuperUno NaUonal Bank against an~ of saId building funds In tho hands of said Bank; and (b) Thero shall have been furnished to Cupertino NaUonal Bank Utle Insurance saUsfactory to CuperUno National Bank satlsfaclory to CuperUno National Bank Insuring tt In substance against any loss It shalf sustain by reason of any work Improvement referred to In said Notice of CompleUon and which may have gained or thereafter may gain priority over the lien of Cupertino National Bank's deed of trust securing Its loan In this case to the real property covered thereby, and (c) The borrowe?'hl/J<allthen;eautst. /:Itlng that such disbursement be made. . . / ~ // /' L.---·. Scot{ Kriens / Ill· l -II ,/I. ' f f' . .c. 011 #..' . "¡{If/. ,-'U,- , ¡ .Y· Michelle L. 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