HomeMy WebLinkAboutMINUTES - 09121995 - C39 c• 3
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: SEPTEMBER 12, 1995
SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL
DISTRICT AND ALBERT D. SEENO CONSTRUCTION COMPANY FOR SUBDIVISION 6597
IN DRAINAGE AREA 52A.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Approve a reimbursement agreement in the amount of$141,233.73 between the Flood Control District and
Albert D. Seeno Construction Company and authorize the Chair of the Board to execute the agreement on
behalf of the District.
H. Financial Impact:
Future drainage fees will be obligated to payment of the reimbursement.
M. 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. Conseauences 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):
ACTION OF BOARD ON ray 17q.5 APPROVED AS RECOMMENDED_OTHER
l
VOTE OF SUPERVISORS
V/ UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT:_ ABSTAIN:
RB:mg
g:fldctl\fcbo\bo 12.t9
I hereby certify that this is a true and correct copy of
Orig.Div: Public Works(FCE) an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
cc: County Administrator
ATTESTED: -_i�t. _- 0 �,1 , ) l 9
Community Development PHIL BAT ELOR,Cierlt of thehoard
Building Inspection
County Counsel �
of Supervisors and Covet Administrator
County Assessor
County Treasurer-Tax Collector taL
County Auditor-Controller ��
Chief Engineer
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
MODIFIED REIMBURSEMENT AGREEM
PAR3M. Effective the Contra Costa County Flood
Control and Water Conservation District, a body corporate and politic of the State of
California, (hereinafter called "DISTRICT"), and Albert D. Seeno Construction Company,
a California corporation, (hereinafter called "DEVELOPER"), mutually agree as follows:
2. 1WRODTICTION.
A. DEVELOPER is subdividing the property designated as Subdivision 6597 within
Drainage Area 52A. Said development is within the jurisdiction of the City of
Brentwood (hereinafter called "AGENCY"). To satisfy COUNTY'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 52A.
B. The cost to install these facilities exceeds the amount of drainage fee required by
the drainage fee ordinance for said drainage area, Ordinance No. 78-53.
C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for said
drainage area.
D. Since DISTRICT has an effective Drainage Plan and a 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 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. _ E-11GIRI-E, 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 FASRMENTS. 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-RESPONSIBMITY 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.
• �: 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.
10. TERMINATION. This agreement shall remain in effect either (1) for 40 quarters
as provided in Section V.B. of Exhibit "X, 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 reimbursem t by DISTRICT
from any drainage fees thereafter collected by the DIS CTetroman
other source of DISTRICT funding.
CONTRA COSTA COUNTY FLOOD CONTROL DEVEL ER*
AND WATER CONSERVATION DISTRICT
Albe o Co i n C
By
Chair of the Bo rd of Supervisor , as governing B body of the Contra Costa County Flood Control
and Water Conservation District d +
ATTEST: *Corporations require two signatures, one by the
President or Vice President, and one by the
Phil Batchelor, Clerk of the Board of Supervisors Secretary or Treasurer. Signatures by
and County Administrator .DEVELOPER must be notarized.
By f
Deput lerk
Recommended for Approval:
J. Michael Walford
Chief Engineer
A proved as to Form:
Victor J. Westman
County Counsel C
By I
AZ' J .
Deputy
TW:kd
c:da\DA52ARB3.Agm (Rev 8/93)
Exhibit "A" - Drainage Area Credit and
Reimbursement Policy
Exhibit "B" - Calculation of Reimbursement
Amount
- Page 2of3 -
STATE OF
COUNTY OF OAAY& ns4A, ;
On 100 H95 before me, G 1*,,. LIeb r)
personally appeared �. ( - YYl
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose names) is/are subscribed to the within instrument
and acknowledged to me that helshe/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature on the instrument the
person(s), or the entity(les) upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal
GINA L. PAULDING
A,;. d?rta,�2
I , .y COMM. 941217 Signature
In - NOTARY PUBLIC CALIFORNIA
CONTRA COSTA COUNTY Name: C-1108
My Comm.Expires Sept.25, 1995 1
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On l� , before me, Kay L. Brisco, personally
Or
appeared personally known to me
(or proved to me on the bass of satisfactory evidence) to be the person(s)
whose names is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacities, and
that by he/she/their signature on the instrument the persons, or the entities upon
behalf of which the person(s) acted, executed the instrument.
. KAY L. BRISCO WITNESS my hand and official seal
COMM. #978687x., a)
m ,ids NOTARY PUBLIC-CALIFORNIA U
CONTRA COSTA COUNTY
My Comm.EXPhes Nov.
Signa Um
Name: Kay L. Bris
• G.aY1.L I "All
CRA-7MC-E AREA =IT AND ?ODIC!
Adopted June, 1989
The following policy adopted by the Board of Supervisors, 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 Area Fee Ordinances.
I. DEF32V•I'I'20NS
I. Drainage Area Plan. The engineering plan which shows and lists the
size, length, and location of drainage facilities adopted for a
Drainage nage Area.
2. Drainage Area Fee Ordinances. An ordinance adopted for a Drainage
Area specifying the drainage fee necessary to complete construction of
the planned facilities.
3.. Drainage Area Fee Obligation. The drainage fee due on a development as
dete=3 nerd fr= the Drainage Area Fee Ordinance.
4. Eligible Costs. The cot of installing 11 i ng drainage facilities which are
part of the Drainage Area Plana
5• In-tract Drainage Facilities. Drainage facilities required within the
Limits of the development.
6. Off-tract Drainage Facilities. Drainage facilities required outside
the limits of the,develcpment.
7. Credit. When a Drainage Fee Ordinance allows 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.. Payment to the developer for the eligible cost of
i n sta>> i ng drainage area facilities in excess of the drainage area fee
obligation.
II. GENER2Lr Installation l l ation of drainage facilities required ire as a condition of
property development can be very costly, and =' 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, andreim�n►-� *+tom, equitable financial
pa-tis pation.
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 of a portion of the drainage facilities shown on the adopted
drainage area plan.
When a condition of development requires the constriction of drainage
facilities with a cost in excess of the drainage fee obligation imprsed by
the fee ordinance, a portion of the excess cost may be eligible for
LTI. Elicxible Costs. A portion of the cost to install drainage facilities shorn
on the adopted drainage area plan may be eligible for credit against the
requixed drainage fees and for reimbursement of costs in excess of the
drainage fee obligation. Credit or reinbursenent shall be limited to the
following eligible costs:
1_ Actual in-tract and off-tract constriction costs plus a fixed amount of
7 percent of the in-tract construction cost and 14 percent of the off-
tract construction cost for allcwrance of miscellaneous l arms developer's
costs, including contract preparation, engineering, bonding, etc.
Construction costs do not include utility relocations or the
acquisition sition of rights of Fray.
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 i 1 ation of drainage area facilities, provided the developer does
not have a beneficial interest in the off-tract property.
The eter,+i nation of tion casts will be based on at least three
i rid )endeTr- bids. The developer sha11 submit said bids to the District for
review and . Upon District with the bids, the lowest
bid shall be the basis for dete=r tion of the credit and reimbursement
amaunt.
The District reserves the right to reject the developer's bids or any other
proposed value of said eligible costs and to calculate said costs and the
fixed mateips using then anent prices.
If the developer elects to install a more costly drainage system than shown
out 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. Cent. The developer may apply as a credit toward the drainage fee
obligation the eligible costs .to construct drainage area facilities.
2
V. Re'
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 pes=entage reimburserent on the
amount of the eligible cc sts dete=nxied by section III. above, in
exams of the drainage fee due as follows:
Off-tract work: 100% (One HWxIred 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 sha11 be prorated between off-tract
work and cn-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 sha11 be paid only f:3= drainage fees collected
pursuant to a Drainage Fee Ordinance.
2. If more than one reimbursement agreement is in effect in a
Drainage Area, the rein=ement payment to each agreement shall
be based on the ratio of each agreement's original amount to the
total original amount of all outstarAing reimbursement agreements.
3_ The District reserves the right 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, e=ept that,
during any quarter the District reserves the right not to make
said payments if the amont of available funds to be disbursed rrse is
less than $5,000.
5. agreements shall remain in effect for 40 quartets.
The 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, ai =sement- amts executed =-i to a government loan
shall share with the gcve=mxmt loan and other reiTn
agreement(s) the payments calculated in paragraph B.2 above.
7. Rei x=semerrt agreement(s) executed subseouent to a gdverrmierit
loan(s) shall have payments "calculated" using the pro-rata basis
of paragraph B.2_ above. However, in order to accelerate
repayment of the gpve=my-nt loan(s) , the "calculated" payment
shall be applied to repayment of the government loan(s) , rather
than be dlsbursed to the subsequent reimbursement agreement(s)
3
t
Upon full repayment of the government loan(s) , reimbursement
payments shall ca=ence 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 agent.
VI. A=Iicability: Upon adoption by a drainage area, this policy shall be the
basis for all subsequent reimbursement agreements in that drainage area.
This policy will not alter any =sement- agreement executed pursuant to
a different policy.
RSC:sj
DA:Rei=PolC
Match 8, 1990
4
Exhibit`B"
Calculation of Reimbursement Amount
Drainage Area: 52A
Development: Subdivision 6597
Developer: Albert D. Seeno Construction Company
P.O. Box 4113
Concord, CA 94524-4113
Assessor's Parcel: 010-120-005
.
Draina a Area 52A Fees
Subdivision #of Acres Fee Total
6,597 17.76 $4,000/acre $70,680.00
Total Drainage Fees Due $70,680.00
Elijzible Construction Costs:
Off Tract Work Line A
Description Quantity Unit Cost Total
60"X 51" SRSP 547 LF $240.00/LF $131,280.00
Sta. 44+70 to 50+ 17
48"RCP Sta 84+00 to 55 LF $150.00/LF 8,250.00
84+55
Sub Total $139,530.00
Engineering(14%) 19,534.20
Off Tract Work $159,064.20
Relocate 429 feet of 8" VCP Sanitary Sewer 35,040.38
Relocate 2-2" PG&E Plastic Gas Pipes 12,878.48
City of Brentwood inspection Fees ($5,000 +,3,355.67) 8,355:67
Off-Tract Total $215,338.73
Total Eligible Costs $215,338.73
Drainage Area Fees - 70,680.00
Eligible Costs Exceeding Fees $144,658.73
Off Tract Reimbursement @ 100% $144,658.73
Road Reconstruction Work Paid for by City of Brentwood - $3,425.00
TOTAL REIMBURMENT $141,233.73
RB:mg
g:\fldctl\work\da52aA6