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Home My WebLink AboutT-3556 - Agreement/Covenant - 6/22/2006 154-Y-8 DRAINAGE FACILITY DEVELOPMENT AGREEMENT.. WHEREAS, the ^RESNO METROPOLITAN FLOOD CONTROL DISTRICT "District" has adopted and bears responsibility for implementation of the Storm Drainage Master Plan for the Fresno-Clovis metropolitan area; and WHEREAS , CHRISTENSEN DEVELOPMENT, Inc. , "Developer, " wishes to pursue construction- of Tract No. 3556, herein referred to as the "Development" ; and WHEREAS, the Developer has elected to construct the perma- nent Storm Drainage Master Plan Facilities ("Facilities") k2ontified on Exhibit No. 1, attached hereto, in lieu of construction of temporary on-site storm drainage facilities; and WHEREAS, a portion of the Development lies within drainage zone "Z" and the remainder of the Development lies within drainage zone "Y" as shown on the attached Exhibit No. 1; and WHEREAS, a portion of the drainage fee obligation of the Development has been previously paid to the District; and WHEREAS, the portion of the Development lying within drainage zone "Y" will be served by the Facilities constructed by the Developer; .and WHEREAS , the drainage fees previously collected by the District on the portion of the Development lying within drainage zone "Y" are available for use in construction of the Facilities. THEREFORE, it is mutually agreed as, follows: PRELIMINARY AMOUNT FINAL AMOUNT 1. Developer bears a drainage fee obligation under the Ordinance Code of the City of Fresno on the portion of the Development lying within drainage zone "Y" . $ -. 20,500 $ 2. Developer shall construct in accordance with all District requirements, District [easter Plan facilities identified on Exhibit No. "1" , said facilities bearing a cost totaling: $ 62, 000 $ 3. District shall pay to Developer pursuant to reimbursement provisions of said Ordinance Code, any excess Developer' s drainage fee obligation identified in Paragraph No. 1 herein, in the following amount: $ 41, 500 $ 4. Developer bears a drainage fee obligation under the Ordinance Code of the City of Fresno for the portion of the Development lying within drainage zone "Z" totaling: $ 392 $ S. The Developer shall pay to the District the final amount identified in Paragraph No. 4 herein within forty-five (45) days of receiving written notice of the same from District. Said final amount shall be determined by the District based on the rates in effect at the time of approval of the final map of the Development by the City of Fresno. _ 6. The District shall pay to the Developer $17,110 within ten days of completion of a portion of the Facilities valued *at $17,110 as determined by the District from the unit prices established during the bidding process. Said amount is equal to the total amount of drainage fees previously paid on the portion of the Development lying within drainage zone "Y". 7. The preliminary drainage fee obligations indicated in Paragraph No. 1 and Paragraph No. 4 herein, and the preliminary cost to construct identified in Paragraph No. 2 herein, shall be deter- mined by District based on the most recent map or plans of said development and of said Storm Draint_.:e Master Plan facilities, available at the time of preparation of this agreement. S. A) The final drainage fee obligation indicated in Paragraph No. 1 herein, will be calculated by District- from the final appr;ved plan or map of said development. -2- B) Upon acceptance by District of construction of said Master Plan facilities, the preliminary amount identified in Paragraph No. 2 herein, shall be adjusted to the final amount by District to reflect Developer ' s actual cash expenditure as determined from unit prices established by such bidding procedures as may be required by District. C) Upon completion, such Master Plan facilities constructed by the Developer pursuant to this agreement are hereby offered to District at the cost determined by District pursuant of sub- paragraph 8-B) hereinabove. Such final amount of construction cost shall constitute a credit against the drainage fee obliga- tion identified in Paragraph No. 1 herein, as provided for in said Ordinance Code. 9. Reimbursement in the final amount identified in Paragraph No. 3 herein will be made to Developer by District in accordance with the provisions of said Ordinance Code from future drainage fees received by District. 10. The preliminary drainage fee obligation in Paradaph No. 1 herein, has been computed on rates in effect at the time of. preparatijn l of this agreement. Should new rates become effective prior to the approval of the final map or issuance of a building permit (whichever shall apply) by said City of Fresno for the develop- ment which is the subject of this agreement, such new rates shall apply and all related amounts herein shall be adjusted accordingly, EXECUTED THIS day of 06& 19 -� APPROVED AS TO rORM: FRESNO METROPOLITAN Baker, Manock and ;,.,sen FLOOD CCiTROL DIST CT • BY: BY: Attorney for. Fresno Metropoi an Flood Control istrict DEV 'R BY: !% Address -3- � 8 e 0 W/LZOW .406, Hz .yN c a S O Li � »J a HELXf VIE d I(� Qq/GEy .4 VE-. 0 � 10 o � � o Oo . � F4. • OUTLINE OF BIDDING PROCEDURE FOR ALL PROJECTS INVOLVING FMFCD STOP14 DRAIN FACILITIES FOR WHICH THE DEVELOPER IS TO OBTAIN DRAINAGE FEE CREDIT OR REIIIBURSEME�1'i° General Procedures 1. Bids shall be solicited from as many contractors licensed to do pipeline work as is practical; the storm drain work shall be bid separate and apart from all other development improve- nents. Exception - Where the developer is a public agency and restrictions imposed on that agency by other governmental agencies as a condition of fund availability require that all of the work be done under a single contract, this policy will allow inclusion of the drainage facility with other types of work, provided that the drainage facilities are stated and bid as a separate i,tem: or items of work. 2. All contractors from whom bids are solicited shall be given equal notice and opportunity to bid the work. 3. All contract specifications must set forth the date, time and location of the bid opening. A District representative may attend. 4. Bids shall be submitted only on the bid forms included in the contract specifications approved by the District. 5. No award shall be made by the Developer or his Engineer until the bids have been reviewed and approved by the District. 6. Fee credits or reimbursements by the District will be given based on the low bidder' s prices or the developers actual cost, whichever is lower. Credit or reimbursement will be given only on items actually installed or constructed, not on a lump sum contract basis. Special Procedures 1. With respect to any project for which cast-in-place concrete pipe is designated, either specifically or as an alternate, on the contract plans or specifications , the following shall apply. A. Bids received by the Developer and/or his Engineer shall include bids from at least three qualified contractors having considerable experience in constructing cast-in- place concrete pipe. The attached list identifies local contracting firms having .,uch experience. The Developer is not limited in his choice of firms to those listed. -1- 4 I• f L B. If bids cannot be obtained from qualified contractors having considerable cast-in-place pipeline construction experience, the Developer and/or his Engineer shall pro- vide to the District written verification indicating that bids were solicited and equal notice and opportunity for bidding was given to such contractors. Such verification will name the contractors invited to bid. The District will not approve a bid for award and subsequent fee credit or reimbursement unless these verifications are submitted. C. As an alternative to 1 (A) and (B) above, the Developer or his Engineer ray advertise the project for bid. The advertisement shall appear once at least 10 days in advance of bid opening. As a minimum, the advertisement shall appear in the Daily Construction Service and a newspaper of general circulation within the Fresno-Clovis metropolitan area. The Developer and/or his Engineer shall provide the District written verification of such advertisement, including the name of the newspaper used. 2. For all other projects, bids from at least three qualified licensed contractors shall be obtained. CAST-IN-PLACE CONCRETE PIPE CONTRACTORS CAST-IN-PLACE CONSTRUCTORS GENTZ CONSTRUCTION 1199 North Fowler Avenue Post Office Box 4347 Fresno, California 93727 Fresno, California 93744 Bill 31yatt 255-0359 275-1361 ROBERT ELLSWOR'e'H CONSTRUCTION M D CONSTRUCTION COMPANY 1590 North Van Ness 2698 North Valentine Avenue Fresno, California 93728 Fresno, California 93705 233-0897 233-8152 Mike Tatum FLOYD JOHNSTON CONSTRUCTION CO. WESTCO CONSTRUCTION 6373 North DeWolf Avenue Post Office Box 5136 Clovis, California 93612 Modesto, California 93352 299-4308 529-1991 -2-