Reimbursement Policies for Privately Constructed Public Facilities

Prior to entering into a Credit and Reimbursement Agreement (“Agreement”) with the City and prior to advertising for bids for privately-constructed public facilities, the Developer shall comply with the following requirements:

• Submit complete sets of civil improvement plans and landscape plans, if applicable, to the Development Services Department (“DSD”) for review and approval.
• Submit an Engineer’s estimate (“Estimate”) to DSD for review and approval. The Estimate shall include the quantities and unit prices of the itemized facilities to be constructed. The Estimate shall clearly itemize reimbursable/eligible facilities from non- reimbursable/non-eligible facilities. If applicable, the Estimate shall also be clearly itemized by the funding sources of reimbursable/eligible facilities (i.e. Developer Impact Fees, Community Facilities Districts or similar).

Prior to construction, the Developer shall comply with the following requirements:

1. Provide the City proof that bids were advertised in accordance with this policy.
2. Submit a complete copy of the executed construction contract.
3. Enter into Agreement with the City. Agreement shall be fully executed and approved by the City prior to construction if the Developer expects to receive credits and/or reimbursement. At the discretion of the City Manager, the Developer may be reimbursed for any eligible City impact fees that were paid in advance of an Agreement for the development listed in the Agreement. NOTE: Agreements require City Council approval, so Developer should consider that requirement in their project schedule. Agreements shall be fully executed and notarized by Developer no later than two (2) weeks from the date of the City Council meeting to avoid being moved to a future agenda. If Developer has made a request for Agreement to the City’s Finance Department no less than thirty (30) days prior to construction, and has provided with that request all documents listed in this Policy including, but not limited to, the improvement plans and Estimate detailed above, Developer will not be subject to the minimum 15% penalty in Section 6 for failure to have a signed Agreement prior to construction. Council still retains its authority to deny an agreement altogether or to provide no reimbursement, but it will not subject the Agreement to a 15% penalty for lack of execution and approval prior to construction. A 15% penalty may still attach to the same agreement for other violations of this Policy.
4. Schedule and attend a pre-construction meeting held by the City’s inspection staff. Scheduling shall occur at least 48 hours in advance.

Requests for payment shall only be considered when the project is substantially complete (90% or greater), as determined by the City. The improvements or portions thereof to be reimbursed shall be completed in accordance with the approved plans, contracts and change orders. The City will begin reviewing the payment request once all the applicable items listed below have been submitted to the satisfaction of the City:

1. Executed Payment Request Form
2. Letter Indicating Percent Complete (90% completion or greater)
3. Conditional Lien Release(s)
4. Proof of Payment (i.e. Canceled Checks)
5. Proof of Bid Advertising
6. Summary of Bid Results (Bidders, Amounts, etc.)
7. Executed Construction Contract(s), including Prevailing Wage Provision
8. Civil Improvement and/or Landscape Plans, if required
9. Authorization and Justification for Change Orders
10. Paid Invoices k. Summary Linking Paid Invoices to Reimbursable Improvements
11. Any Other Items as Requested by the City to Justify Payment

With the final payment request, the Developer shall also submit Letter(s) of City Acceptance of Improvements and Unconditional Lien Release(s). All payments to Developer will be made in accordance with the applicable, executed Agreement.

The City Manager shall be responsible for administering the provisions of these policies and procedures, all in his or her discretion.