HomeMy WebLinkAboutMINUTES - 01102006 - C.7 sE-_L
TO: BOARD OF SUPERVISORS, AS GOVERNING �aE-y - _��' Contra
BOARD OF THE FLOOD CONTROL & WATER
CONSERVATION DISTRICT ;„
Costa
FROM: MAURICE M. SHIU, CHIEF ENGINEER County
DATE: JANUARY 10, 2006
SUBJECT: Approve a Reimbursement Agreement between the Contra Costa County Flood Control and Water
Conservation District and Mark Scott Construction, Inc. for Drainage Area 10 Improvements,
Danville area. (Drainage Area 10 Funds) (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE a reimbursement agreement not to exceed the amount of$620,000 between the Contra Costa County
Flood Control and Water Conservation District(District) and Mark Scott Construction,Inc., effective January 10,
2006, through January 10, 2016, as stated in Exhibit "A" of the Agreement, and AUTHORIZE the Chair of the
Board to execute the agreement on behalf of the District.
FISCAL IMPACT:
Drainage fees on hand will pay this reimbursement from Drainage Area 10 funds.
CONTINUED ON ATTACHMENT: ❑x SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR R7c6mMENDATION O OARD CO TTE
i/ APPROVE OTHER
SIGNATURE(S): 9r�. � A
ACTION OF BOARD UO N6riY70—IC'�YZ IO, C&00 APPROVED AS RECOMMENDED � OTHER
VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT Y'!L ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Bob Famone(925)313-2390
RVF:TJ:cw /
G:\GrpData\FldCtl\Board Orders 2005 Onward\2006 BO\DA 10 Line A ATTESTED %&WA "O&OV� /Q o'ZO 06,
Reimbursement Agreement BO I-10-06.doc JOHN SWEET CLERK CTF THE BOARD OF
SUPERVISORS
cc: CAO
County Counsel
BY: f DEPUTY
SUBJECT: Approve a Reimbursement Agreement,between the Contra Costa County Flood Control and
Water Conservation District and Mark Scott Construction, Inc. for Drainage Area 10
Improvements, Danville area. (Drainage Area 10 Funds) (District III)
DATE: January 10, 2006
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Mark Scott Construction,Inc.constructed drainage area planned facilities as part of Subdivision 8860,in the Town
of Danville.Mark Scott Construction,Inc.is entitled to reimbursement of the drainage facility construction costs in
excess of its drainage fees, as provided for in the District's Drainage Area Credit and Reimbursement Policy.
CONSEQUENCES OF NEGATIVE ACTION:
Non-approval of the agreement would be inconsistent with the adopted Credit and Reimbursement Policy.
EXHIBIT"A"
DRAINAGE AREA CREDIT AND REIMBURSEMENT POLICY
Adopted June, 1989
Revised December 1999
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.
1. Definitions:
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 Ordinance: 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 determined from the
Drainage Fee Ordinance.
4. Eligible Costs: The cost of installing drainage facilities,which are part of the Drainage Area
Plan.
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
development.
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. Reimbursement: Payment to the developer for the eligible cost of installing drainage area
facilities in excess of the drainage area fee obligation.
1I. 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 benefiting
properties and ensures, through a system of fees, credits; and 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 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 plan.
t
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 reimbursement.
III. Eligible Costs: A portion of the cost to install drainage facilities shown on the adopted 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 rights 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 of drainage area
facilities,provided the developer does not have a beneficial interest in the off-tract
property.
The determination of construction cost will be based on at least three independent bids. The
developer shall submit 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 right 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.
V. Reimbursement:
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: 100% (One hundred percent)
In-tract work: 50% (Fifty percent)
2
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 in-tract work in the same proportion as
the total eligible costs for off-tract work and in-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 agreement 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 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, 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 $5,000.00.
5. Reimbursement agreements shall remain in effect for a base period of ten years (forty
quarters). The first quarter shall be the one following the quarter in which the first
reimbursement payment is made. The developer shall forfeit any outstanding balance owed
at the end of the ten years if 80%or more of the money has been reimbursed. If at the end
of the ten years, less than 80% of the money has been reimbursed,the agreement shall be
extended for five years. If after a period of five years the developer has not been
reimbursed 80% of the amount due, the agreement shall be extended for another period of
five years. Any remaining balance owed after twenty years shall be forfeited.
6. Reimbursement agreements executed,subsequent to a government loan(s) 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 government loan(s), rather than be disbursed to the subsequent
reimbursement agreement(s). Upon full repayment of the government loan(s),
reimbursement payments shall commence to the subsequent reimbursement agreement(s).
The 40 quarter time limit for a subsequent reimbursement agreement shall not start until the
date the first payment is made to the reimbursement agreement.
VI. Applicability: 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
reimbursement agreement executed pursuant to a different policy.
G:\GrpData\F1dCt1\Administration\FC forms\ReimbAgrmt-EXHIBIT A.doc
2/2000
3
EXHIBIT "B"
Drainage Area: 10
Development: Subdivision 8860
Developer: Mark Scott Construction,Inc.
2835 Contra Costa Blvd.
Pleasant Hill,CA 94523
Attn:Mark Scott
Site Location: Line A at 288 Love Lane,west of Veda Drive in the Town of Danville.
Assessor's Parcel Number: 199-273-010
All work considered off-tract cost. Costs are final and eligible.
Off-Tract Construction Costs:
Item No. Description Quantity Unit Unit Price Total Cost
1 Mobilization 1 LS $10,000.00 $ 10,000.00
2 Traffic Control 1 LS $6,000.00 $ 6,000.00
3 Clear and Grub 1 LS $8,000.00 $ 8,000.00
4 Erosion Control 1 LS $8,000.00 $ 8,000.00
5 Dewatering/Sediment Control 1 LS $6,500.00 $ 6,500.00
6 Earthwork-excavation 1,360 CY $27.00 $ 36,720.00
7 Earthwork-backfill 1,360 CY $15.00 $ 20,400.00
8 Aggregate Base-access road 5 CY $155.00 $ 775.00
9 Geotextile Fabric-under access road 0 SY $3.00 $ f -
10 Precast 4 ft.by 6 ft.RCB 495 LF $630.00 $ 311,850.00
11 Concrete Structure-upstream transition I LS $23,000.00 $ 23,000.00
12 Concrete Structure—downstream transition 1 LS $55,000.00 $ 55,000.00
13 Property Line Fence 55 LF $30.00 $ 1,650.00
14 Access Gate 2 EA $1,150.00 $ 2,300.00
15 Safety Fence 100 LF $5.00 $ 500.00
16 Drain Inlets 2 EA $1,100.00 $ 2,200.00
17 Earthwork-Desilt Existing 78" CMP 1 LS $5,500.00 $ 5,500.00
CO1 Soils Testing 1 LS $15,000.00 $ 15,996.00
CO2 Drain Rock Pipe Bedding 128 CY $70.00 $ 8,960.00
CO3 15"ADS Side Drain w/yard connections 500 LF $49.24 $ 24,620.00
Subtotal $ 547,971.00
Engineering and Administration(14%of Subtotal) $ 76,715.94
Inspection Cost(Town of Danville) $ 672.91
Temporary Construction Easement Allowance $ 1,000.00
Total Eligible Cost $ 626,359.85
District Administration,Planning,Design,and Review Cost $ (26,923.24)
Drainage Area 10 Fee Obligation $ (12,505.00)
Total Reimbursement $ 586,931.61
TJA
I V21/2W5
G;ZMI)zM\FldCtllCul)m\CR1ES\Duville\Sub 8860\[Bid Items,Exhibit B.xls)Exhibit B
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REIMBURSEMENT AGREEMENT
1. PARTIES. Effective -J a rt(ACLr�j O . ZOOG , the.Contra Costa County Flood
Control and Water Conservation District a body corporate and politic of the State of
California,(hereinafter called"DISTRICT"),and Mark Scott Construction,Inc.,(hereinafter
called "DEVELOPER")mutually agree as follows:
2. INTRODUCTION.
A. DEVELOPER is subdividing the property designated as Subdivision 8860 (within
Drainage Area 10. Said developments are within the jurisdiction of the Town of
Danville(hereinafter called"TOWN"). To satisfy TOWN's conditions of approval
for said development, the DEVELOPER must install a portion of the drainage
facilities shown on the adopted Drainage Plan for Drainage Area 10.
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. 92-52.
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 the 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. 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 the TOWN.
Page 1
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 the DISTRICT. DISTRICT shall be under no
obligation to perform under this agreement unless the drainage facilities are accepted as
complete by the TOWN.
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 TOWN. DISTRICT assumes no responsibility whatsoever for construction
procedures and methods utilized by DEVELOPER in constructing the drainage facilities.
9. PAYMENT. Payment terms are set forth in Exhibit"A," except that the first payment shall
not be made until the DEVELOPER submits to DISTRICT acceptable evidence that
DEVELOPER has paid for installation of the drainage facilities covered by this agreement.
Full reimbursement for eligible costs will be made to the DEVELOPER within 45 calendar
days ofreceipt of a complete submittal of as-built plans and acceptable evidence of payment
of all construction costs.
10. TERMINATION. This agreement shall remain in effect either(1)for the time 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.
Page 2
i
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B. If, after the expiration of the time 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 fr m any other source of DISTRICT
funding.
i
CONTRA COSTA COUNTY FLOOD CONTROL DEVELOPER*
AND WATER CON ERVATION DISTRICT
By
By
Chair of a oard of Supervisors,as goveming body of Name:
the Con#ayCosta County Flood Control and Water y�
Conserva ion District Title:tN M
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ATTEST: VQ,77 At/do-r y/e/ 020 V 6
John Sweeten, Clerk of th' oard of Supervisors and
County Administrator And By.
Name:
—7Z o y 1�3 ��i�LGki
By Title:
Gro �m�.l7�m�1E
Deputy Clerk
Taxpayer I.D.# �eb. c�yJCkoj
RECOMMENDED FOR APPROVAL:
Maurice M.Shiu
Chief Engineer
* Corporations require two signatures, one by the
President or Vice President,and one by the Secretaryor
Treasurer.Signatures by Developer must be notarized.
Y
APPROVED AS TO FORM:
i
Silvano B.Marchesi
County Counsel
i
By
Deputy
I
Exhibit"A"- Drainage Area Credit and I
Reimbursement Policy
Exhibit"B"- Calculation of Reimbursement
Amount
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Page 3
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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