HomeMy WebLinkAboutMINUTES - 07251995 - C8 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: JULY 25, 1995
SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL
DISTRICT AND ALBERT D. SEENO CONSTRUCTION CO., INC. FOR SUBDIVISIONS 6805,
7276 AND 7856 IN DRAINAGE AREA 105.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Approve a reimbursement agreement in the amount of$29, 687.43 between the Flood Control District
(DISTRICT) and Albert D. Seeno Construction Co., Inc. (DEVELOPER) and authorize the Chair of the
Board to execute the agreement on behalf of the District.
II. Financial Impact:
Future drainage fees will be obligated to payment of the reimbursement.
III. Reasons for Recommendations and Background:
The Developer has been required to construct drainage area improvements at a cost which exceeds the
amount of drainage fees required to be paid by the developer under the terms of the drainage area fee
ordinance. The Developer is entitled to a partial reimbursement of the excess costs as provided for in
the drainage area credit and reimbursement policy.
IV. Consequences of Negative Action:
Non-approval of the agreement would be inconsistent with the adopted Credit and Reimbursement
Policy.
Continued on Attachment: SIGNATURE: ,
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
x
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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Orig.Div: Public Works(FCE) I hereby certify that this is a true and correct copy of
cc: County Administrator an action taken and entered on the minutes of the
Community Development Board of SupenrlM.W
on the date shown.
ATTE
Building Inspection o- ,°I-AS
County Counsel STED:
PHIL BA CHE OR.Clerk of the Board
County Assessor
County Treasurer-Tax Collector of Supervisors and County Administrator
County Auditor-Controller
Chief Engineer Z Deputy
Accounting
Engineering Services
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REIMBURSEMENT AGREEMENT
1. PARTIES. Effective , the Contra Costa County Flood
Control and Water Conservation District, (hereinafter called "DISTRICT"), and Albert D.
Seeno Constuction Co., Inc., a California corporation, (hereinafter called "DEVELOPER"),
mutually agree as follows:
2. INTRODUCTION.
A. DEVELOPER is subdividing the property designated as Subdivision's 6805, 7276 and
7856, within Drainage Area 105. Said development is within the jurisdiction of the
City of Brentwood (hereinafter called "AGENCY"). To satisfy AGENCY's
conditions of approval for said development, DEVELOPER must install a portion of
the drainage facilities shown on the adopted drainage plan for Drainage Area 105.
B. The cost to install these facilities exceeds the amount of drainage fees required by the
drainage fee ordinance for said drainage area, Ordinance No. 90-75.
C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for said
drainage area.
D. Since DISTRICT will develop an effective Drainage Plan and Drainage Area Credit
and Reimbursement Policy for said drainage area, DEVELOPER has requested that
the DISTRICT enter into this agreement with DEVELOPER, pursuant to said policy.
3. TERMS. DISTRICT shall reimburse DEVELOPER for eligible costs exceeding the amount
of fees now required by said ordinance, in accordance with the terms of this agreement and
the DISTRICT's above-mentioned Drainage Plan and the Drainage Area Credit and
Reimbursement Policy for said drainage area, which policy is attached as Exhibit "A" and
made a part hereof by this reference.
4. ELIGIBLE COSTS. The drainage facilities, right-of-way, and other items eligible for
reimbursement and their estimated costs are outlined on Exhibit "B", attached hereto and
incorporated herein by this reference.
5. DEDICATION OF EASEMENTS. Easements containing the drainage facilities covered by
this agreement shall be offered for dedication to AGENCY.
6. CONFORMANCE TO PLANS AND SPECIFICATIONS. The drainage facilities covered
by this agreement shall be installed in conformance with the plans and specifications prepared
by DEVELOPER and approved by AGENCY. DISTRICT shall be under no obligation to
perform under this agreement unless the drainage facilities are accepted as complete by
AGENCY.
7. HOLD HARMLESS. DEVELOPER shall defend, indemnify, save and hold DISTRICT, its
governing body, officers, agents and employees absolutely free, clear, and harmless from any
claims, actions, or costs arising from any property and/or rights acquisition which may be
necessary hereunder, or arising from any and all damage to property, injury to persons,
including death, or any other type of liability arising as a result of DEVELOPER's installation
of the drainage facilities required by the conditions of approval for said development.
8. NON-RESPONSIBILITY OF DISTRICT. The installation of drainage facilities covered by
this agreement is the sole responsibility of DEVELOPER, except for the normal inspection
provided by the AGENCY. DISTRICT assumes no responsibility whatsoever for
construction procedures and methods utilized by DEVELOPER in constructing the drainage
facilities.
Page 1
E
9. PAYMENT. Payment terms are set forth-in Exhibit "A", except that the first payment shall
not be made until DEVELOPER submits to DISTRICT acceptable evidence that
DEVELOPER has paid for the installation of the drainage facilities covered by this agreement
and except as required by Section 3 above.
10. TERNUNATION. This agreement shall remain in effect either(1) for 40 quarters as provided
in Section V.B. of Exhibit "A", or(2) until DEVELOPER has been reimbursed for the total
eligible reimbursement amount, whichever first occurs. Non-submittal of the acceptable
evidence of payment required by Section 9 shall not result in an extension of the termination
date.
11. NO OTHER RECOURSE AGAINST DISTRICT.
A. This agreement constitutes the total statement of rights between DISTRICT and
DEVELOPER concerning payment or reimbursement for costs of installing the
drainage facilities exceeding the required drainage fees.
B. If, after the expiration of the 40 quarters described in Section V.B. of Exhibit "A",
DEVELOPER has not received the total reimbursement amount, DEVELOPER shall
have no right to further reimbursement by DISTRICT from any drainage fees
thereafter collected by the DISTRICT, or from any other source of DISTRICT
funding.
CONTRA COSTA COUNTY FLOOD CONTROL DEVELOPER
AND WATER CONSERVATION DISTRICT
Albert D. Seeno Construction Co., a California
Limited Partnership,
By_
Chair of the Bo rd of Supervisors, s governing
body of the Contra Costa County Flood Control and BY: ALBERT D. SEENO CONSTRUCTION
Water Conservation District CO. INC., A CALIFORNIACORPORATION,
GENERAL PA
ATTEST:
Phil Batchelor, Clerk of the Board of Supervisors By
and County Administrator 4
a D. Se o,
zto_�sid tBy ) And By:
Deputy Jerk Robert J. Kossi
Secretary
RECOMMENDED FOR APPROVAL:
J. Michael Walford
Chief Engineer *Corporations require two signatures, one by
the President or Vice President, and one by
the Secretary or Treasurer. Signatures by
gy DEVELOPER must be notarized.
APPROVED AS TO FORM:
Victor J.Westman
County Counsel
By 2a
Deputy
Exhibit"A"-Drainage Area Credit and Reimbursement Policy
Exhibit"B"-Calculation of Reimbursement Amount
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December 15,1994
Page 2
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On June 9, 1995, before me, Kay L. Brisco,personally appeared Albert D. Seeno,Jr. and
Robert J. Rossi personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument the person, or the entity upon behalf of
which the persons acted,executed the instrument.
WITNESS my hand and official seal
KAY L. BRISCO
COMM, #978687NOTA ,
P
CONTRA COSTA COUNTY Signature
C Comm Expires Pi C U 199G
Name:Kay L. Br s
EX BIT "A"
DRAIRACE AREA CREDIT AND POLICY
Adopted June, 1989
The following policy adopted by the Board of Supexvisors, as the governing body
of the Contra Costa County Flood Control and Water Conservation District, shall
be used to determine credits and reimbursements as provided for in various
Drainage nage Area Fee ordinances.
I. DKE INTITONS
1. Drainage Area Plan. The engineering plan which shows and lists the
size, length, and location of drainage facilities adopted for a
Drainage Area.
2. Drainage Area Fee Ordinances. An ordinance adapted for a Drainage
Area specifying the drainage fee necessary to ccuplete construction of
the planned facilities.
3. Drainage Area Fee Obligation. The drainage fee due on a development as
determined fra the Drainage Area Fee Ordinance.
4. Eligible Costs. The cost of insta1ling drainage facilities which are
part of the Drainage Area Plan.
5. Irrtract Drainage Facilities. Drainage facilities required within the
Limits of the development.
6. Off-tract Drainage Facilities. Drainage facilities required outside
the limits of the development.
7. Credit. When a Drainage Fee Ordinanceallows construction of drainage
facilities in lieu of the payment of drainage fees, the eligible
construction costs may be applied as a credit against the drainage area
fee obligation.
8.. t. Payment to the developer for the eligible cost of
installing ing drainage area facilities in excess of the drainage area fee
obligation.
II. GENERAL: Installation of drainage facilities required as a condition of
property development can be very costly, and in many cases benefits other
properties within the watershed. A Drainage Fee Ordinance spreads the costs
of the drainage facilities to all of the benefitting properties and ensures,
through a system of fees, credits, arra reimbursements, equitable financial
participation.
The drainage fee ordinance creates a fee obligation on all properties
within the Drainage Area. The ordinance becomes operative upon a request to
1
develop or improve a parcel of land. The drainage area fee obligation is
limited to the fee due and is payable either in the form of cash or the
installation st'a 1 1 ation of a portion of the drainage facilities shown on the adapted
drainage area plan.
When a condition of development requires the construction of drainage
facilities with a cost in excess of the drainage fee obligation imposed by
the fee ordinance, a portion of . the excess cost may be eligible for
III. Eligible Costs. A portion of the cost to install drainage facilities shown
on the adapted drainage area plan may be eligible for credit against the
required drainage fees and for reimbursement of costs in excess of the
drainage fee obligation. Credit or reimbursement shall be limited to the
following eligible costs:
1. Actual in-tract and off-tract construction costs plus a fixed amount of
7 percent of the in-tract construction cost and 14 percent of the off-
tract construction cost for allowance of miscellaneous developer's
costs, including contract preparation, engineering, bonding, etc.
Construction costs do not include utility relocations or the
acquisition of riots of way.
2. Actual public agency project inspection fees for only those drainage
area facilities shown on the adopted drainage plan.
3. Actual off-tract utility relocation costs.
4. Actual off-tract right. of way acquisition costs needed for the
installation 1 1 ation of drainage area facilities, provided the developer does
not have a beneficial interest in the off-tract property.
The. determination of construction costs will be based on at least three
independent bids. The developer shall suYmmit said bids to the District for
review and concurrence. Upon District concurrence with the bids, the lowest
bid shall be the basis for determination of the credit and reimbursement
amount.
The District reserves the riot to reject the developer's bids or any other
proposed value of said eligible costs and to calculate said costs and the
fixed markups using then current prices.
If the developer elects to install a more costly drainage system than shown
on the adopted drainage area plan, the District reserves the right to
calculate said eligible costs using the then current prices for only the
facilities shown on the adopted plan.
IV. Credit. The developer may apply as a credit toward the drainage fee
obligation the eligible costs .to construct drainage area facilities.
2
V. Reimburs�nent.
A. Where the amount of said eligible costs exceed the drainage fee due,
the developer, upon entering into a reimbursement agreement with the
District, shall be eligible for a percentage reimbursement on the
amount of the eligible costs determined by Section III. above, in
excess of the drainage fee due as follows:
Off-tract work: 10094 (One Hundred Percent)
On-tract- work : 50% (Fifty Percent)
Prior to the application of the above percentages, the eligible costs
in excess of the drainage fee due shall be prorated between off-tract
work and on-tract work in the same proportion as the total eligible
costs for off-tract work and on-tract work are to the total eligible
costs.
B. The reimbursement shall be subject to the following limitations:
1. Reimbursements shall be paid only from drainage fees collected
pursuant to a Drainage Fee Ordinance.
2. If more than one reimbursement amt is in effect in a
Drainage Area, the reimbursement payment to each agreement shall
be based on the ratio of each agreement's original amount to the
total original amount of all outstanding reimbursement agreements.
3. The District reserves the richt to utilize not more than 80
percent of the drainage fees collected annually, on a fiscal year
basis, for the purpose of making reimbursement payments.
4. Reimbursement payments shall be made quarterly, except that,
during any quarter the District reserves the right not to make
said payments if the amount of available funds to be disbursed is
less than $5,000.
5. Reinkursement agreements shall remain in effect for 40 quarters.
Me first quarter shall be the one following the quarter in which
the first reimbursement payment is made. Any outstanding balance
owed at the end of the 40 - quarters shall be waived by the
developer.
6. Reimbursement agreements executed prior to a government loan
shall share with the goverment loan and other
agreement(s) the payments calculated in paragraph B.2 above.
7. agreement(s) executed subsequent to a goverment
loans) shall have payments "calculated" using the pro-rata basis
of paragraph B.2. above. However, in order to accelerate
repayment of the government loan(s) , the "calculated" payment
shall be applied to repayment of the goverrment loan(s) , rather
than be disbursed to the subsequent reimbursement agreement(s) .
3
4 '
Upon full repayment of the gaverTm ent loan(s) , rei bursement
payments shall camence to the subsequent reimbursement
agreement(s) . The forty quarter time limit for a subsequent
reimbursement agreement shall not start until the date the first
payment is made to the reimbursement agreement.
VI. Arplicability: Upon adoption by a drainage area, this policy shall be the
basis for all subsequent reimbursement agreements in that drainage area.
MAs policy will not alter any reimbursement agreement executed pursuant to
a different policy.
RSC:sj
DA:ReimPolC
March 8, 1990
4
Exhibit "B"
Calculation of Reimbursement Amount
Drainage Area: 105
Development: Subdivisions 6805, 7276, 7856
Developer: Albert D. Seeno Construction Co., Inc.
4021 Port Chicago Highway
P.O. Box 4113
Concord, CA 94524
Assessor's Parcel: 017-050-018 & 019
.. ...... . .
.............
.. .......
... ......
Lot Area #of Lots Fee Total
4,000-4,999SF 9 $735.00 $6,615.00
5,000-5,999SF 65 $765.00 $49,725.00 .
6,000-6,999SF 22 $795.00 $17,490.00
7,000-7,999SF 2 $825.00 $1,650.00
8,000-8,9929 4 $970-00 $3,4M
Total 102 Drainage Fees Due $78,960.00
...........
...........X
...................
...
.......
..........
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. .
.......
Lot Area N of Lots Fee Total
3,000-3999SF 49 $735.00 $36,015.00
4,000-4,999SF 28 $735.00 $20,580.00
5,000-5,999SF 5 $765.00 $3,825.00
6,000-6,999SF 2 $795.00 $1,590.00
7,000-7,999qF 1 $825M %825_Q�L
Total 85 Drainage Fees Due $62,835.00
.........
........... .....
Lot Area # of Lots Fee Total
5,000-5,999SF 20 $765.00 $15,300.00
6,000-6,999SF 9 $795.00 $7,155.00
7,000-7,999SF 1 $825.00 $825.00
8,000-8,999SF 1 $870.00 $870.00
10,000-13,992SE- 1 $960-00 $26D-(MJ
Total 32 Drainage Fees Due $25,110.00
Total Drainage Fees Obligation Due $166,905.00
Eligible Construction Costs:
In=Tract Work
Ed< e ,00d 2 & 2A
Description Quantity Unit Cost Total
Clearing and Grubbing LS $817.00 $817.00
Excavation LS $8,500.00 $8,500.00
12" Grouted Rip Rap 800SF $4.75/SF $3,800.00
H droseed nit 2 31,046SF LS $800.00
H droseed Unit 2A 20,600SF $.03/SF $618.00
Gradin Unit 2A LS $11,000,00
Rip Rap (access ramps) LS $850.00
Excavation (Unit 3) 2,025CY $2.85/CY $5,771.25
Replace Ex. Outfall at LS $1,483.73
Summerwood Unit 2
Sub-Total $33,639.98
Engineering(7%) $2,354.80
County Inspection Fee $2,705.36
City Inspection Fee $1,177.40
In-Tract Total $39,877.54
OfXXX
f Tract Work
Description Quantity Unit Cost Total
Demolish Culvert LS $6,300.00 $6,300.00
Install Concrete Box LS $67,000.00 $67,000.00
Sawcuttina LS $710.00 $710.00
Install Temporary Drain LS $4,150.00 $4,150.00
Install Check Dam LS $1,710.75 $1,710.75
Concrete Cut-off Walls 2 $1925.00/ea $3,850.00
21" RCP 35LF $32/LF $1,120.00
42" Chain Link Fence 74LF $16.50/LF $1,221.00
Gate 1 $325.00 $325.00
Excavation LS $8,500.00 $8,500.00
12" Grouted Rip Rap 2,440 SF $4.75/SF $11,400.00
Steel Frame for Box LS $52.56 $52.56
Sub-Total $106,339.31
Engineering(14%) $14;887.50
County Inspection Fee $3,748.75
City Inspection Fee $3,721.88
Utility Relocation $30,184.00
Permit Fees $1,123.00
In-Tract Total $160,004.44
Total Eligible Cost $199,881.98
Drainage Fees ($166,905.00)
$32,976.98
In-Tract Reimbursement @ 50% $3,289.54
Off-Tract Reimbursement @ 100% $26,397.89
Total Reimbursement $29,687.43