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PW Loch Lomond Subdivision Inspection ServicesAGREEMENT FOR PROFESSIONAL SERVICES WITH CSW STUBER STROEH ENGINEERING GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES This Agreement is made and entered into this V T -t day of HOPC-N- - , 2016, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSW STUBER STROEH ENGINEERING GROUP, INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional services are required in connection with the Loch Lomond Subdivision Inspection Services; and WHEREAS, the CONTRACTOR has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Al Cornwell is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide the services outlined in their proposal letter dated February 16, 2016 marked as Exhibit "A," attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule dated January 1, 2015 and included as part of Exhibit "A" attached and incorporated herein, in an amount not to exceed $86,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on March 31, 2019 or on such earlier date when the work shall have been completed, unless the parties agree to extend this Agreement for another 90 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the perfonnance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 3 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthennore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 4 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold hannless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 5 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the perfonnance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the ten -ns and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: Kevin McGowan Interim Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 Al Cornwell CSW Stuber Stroeh Engineering Group, Inc. 45 Leveroni Court Novato, CA 94949 6 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any tern, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIM C TZ, City na er ATTEST: ,'l-jZ G ' fact ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: CONTRACTOR BY �Z"4xa Name:��Ww/ Title:fmvl La4�— ROBERT F. EPSTE*iAttoml� 8 C S W ST2 CSUViSiuher-Stroeh Engineering Group, Inc. Date: February 16, 2016 File: 4.1161.00 Kevin McGowan City Engineer City of San Rafael 111 Morphew Street San Rafael, CA 94901 45 Le.vont Court 415 R3 9550 Nov,]Io A Novato, CA 94949 Fax 415IR8111435 P2:aluaLl rra : Ls:al2 romi Saeramenln Enp n?drs I Land Phrfos I Surceprs I La dsnpe Nrchilr:l.l RE: LOCH LOMOND CONTINUING OVERSIGHT SERVICES Dear Kevin: As you know, CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) has been providing plan checking, construction oversight and observation on behalf of the City for over 2 years. This work has been covered under our on-call contract, originally dated December 10, 2012 and renewed on September 15, 2014. In September 2015, and December 2015, the provided a request for the on-call extension and additional funds to cover work on miscellaneous projects assisting the City staff. CSW I ST2 has reached the point where we have severely depleted the authorized amount of the on-call contract and, in fact, exceeded the authorized amount in January 2016. While it is difficult to project the level of effort that will be required to provide oversight as the project is completed, we suggest that the City anticipate an additional twenty-five (25) months of work: January 2016 through February 2018. Currently, we are providing about $7,000 to $8,000 of services during a monthly period. This includes daily visits to the site, attending the weekly construction meetings, discussions with City staff and interested neighbors, on-going prodding of the developer representatives and general memos and letters memorializing the progress or cajoling the project representatives to act. We have been told by Todd Wright that he expects the "backbone" infrastructure, for which he is responsible, to be completed by the end of March 2016. This only includes the main drive, work on the parks/spits, San Pedro Road and Lochnivar to Bonny Banks. However, Todd expects rebuilding the Bonny Banks/Lochnivar intersection to be discussed further by John Arvin and the City. During the time it takes to finish the backbone, we anticipate it will take a fair amount of my time dedicated to clarifying the final sign offs and determining the resolution of the elevation and potential flooding of the park on the spits. These are all issues that we have been discussing since October 2015 and still are not getting the feedback from the developer or RJA through Todd in a timely manner. This makes it difficult to know when we will be able to have the information in hand that will give the City some assurance that the intent of the conditions of approval have been met. We suspect, based on what has transpired to date, the close out effort alone will take $5,000 to $7,000 of effort. \C':1,{D \O\1\C1'1a1�11G10111?IIID-e?-IG Funding PUquesr limo N1LG en.d, a CSW Ski Kevin McGowan City of San Rafael February 16, 2016 Page 2 Looking at the projected sales, the last sale will take place in February 2018. In the sales schedule, there is no mention of dining on closing out the models and sales office parcels, so later in the spring of 2018 might be a more realistic target. To continue the plan checking, construction oversight and observation, CSW I ST2 estimates it will take approximately six (6) hours a week of Chris Bartunek's time, at a billable rate of $110 per hour, or 624 hours over 24 months. We recognize that the spring of 2018 is longer than 24 months, so we suggest adding 15Q o for contingencies, such as the time I will be involved and special meetings with staff and the community. We will do our best to hold Chris' billing rate at $110 through December 2016. Normal billing rates are held through June 3011' of each year and Chris will, undoubtedly, be at a higher billing rate in the next 24 months. We are suggesting the City set aside a total budget of $86,000. This includes the 640 hours of Chris' time ($68,640), 150'o for contingencies ($10,296), and $7,000 for the backbone infrastructure. CSW I ST2 agrees to provide the services described above on a time and expense basis, in accordance with our current Hourly Rates and Billing Policy, a copy of which is enclosed. We will monitor the budget on a monthly basis to assess the rate at which our services are needed and used on the project. We appreciate the opportunity to continue to provide the oversight for the City on the Loch Lomond project and assuming that we are to continue to supply the manpower and oversight, we respectfully request that you increase the on-call contract by the above mentioned amount or issue a separate work order to cover the expense. Thank you for your consideration. Please let me know if you have any questions. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. Al Cornwell R.C.E. #27577 AGC:dcv \C':\AU-NCl\1tt1�141ai If IIIII\2111 fi-112-1(F-1 gRcyuisr K—NkGana A- . CSW ST 45 Leveroni Court 415.883.9850 Novato Novato, CA 94949 Fax: 415.883.9835 Petaluma www.cswst2.com Sacramento Redwood City CSW/Stuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors I Landscape Architects PROJECT NO.: HOURLY RATES AND BILLING POLICY Effective January 1, 2015 the following hourly rates will be charged for services rendered. (Rates subject to change): CIVIL AND STRUCTURAL ENGINEERING Principal Engineer Manager Project Engineer V Project Engineer IV Project Engineer III Project Engineer II Project Engineer I Senior Engineer Engineer V Engineer IV Engineer III Engineer II Engineer I Senior Designer Designer V Designer IV Designer III Designer II Designer I Technician IV Technician III Technician II Teclinician I Project Assistant II Project Assistant I SURVEYING Survey Supervisor Project Surveyor Survey Technician Two -Man Survey Party HOURLY RATES 210.00 200.00 179.00 168.00 157.00 142.00 137.00 200.00 147.00 126.00 115.00 99.00 90.00 168.00 137.00 126.00 115.00 105.00 99.00 99.00 95.00 90.00 76.00 79.00 69.00 HOURLY RATES $ 178.00 $ 157.00 $ 105.00 $ 240.00 LAND PLANNING / LANDSCAPE ARCHITECTURE Principal Senior Planner Planner V Planner IV Planner III Planner II Planner I Landscape Architect V Landscape Architect IV Landscape Architect III Landscape Architect II Landscape Architect I Landscape Designer III Landscape Designer II Landscape Designer I ENVIRONMENTAL PLANNING Senior Environmental Planner Environmental Planner II Environmental Planner I HOURLY RATES $ 190.00-$ $ $ 153.00-$ $ $ $ $ $ $ $ $ 210.00 200.00 179.00 163.00 157.00 137.00 120.00 158.00 142.00 121.00 99.00 90.00 110.00 93.00 90.00 HOURLY RATES $ 150.00 $ 131.00 $ 120.00 Expert Witness / Arbitration Services are available at a negotiated rate. All expenses for transportation will be charged at cost plus service charges at the rate of 10%. Filing fees, checking fees, prints, and other oiltside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%. Billing will be monthly. Invoices are due and payable upon presentation. Interest at the rate of 1.5% per month commencing thirty (30) days after invoice date will be charged on delinquent accounts. CSW/Stuber-Stroeh Engineering Group, Inc. reserves the right to suspend work on any project when invoices have not been paid within thirty (30) days after having been rendered. Client Initials Consultant Initials 45 Leveroni Court 415.883.9850 Novato C Novato, CA 94949 Fax: 415.883.9835 Petaluma www.cswst2.com Sacramento Redwood City CSWIStuber-Stroeh Engineering Group, Inc. Engineers Land P anners Surveyors Landscape Architects DATE: April 19, 2016 FILE: 4.1161.10 RECEIVED TO: Ms. Dianne Mitchell City of San Rafael APR 2 12016 Public Works Department PUBLIC WORKS DEPT. 111 Morphew Street CITY OF SAN RAFAEL San Rafael, CA 94915 RE: AGREEMENT FOR PROFESSIONAL SERVICES — LOCH LOMOND SUBDIVISION Enclosed are the following: Copies Date Description 3 __ Agreement For Professional Services — Loch Lomond Subdivision (vet -signed) Remarks: for your use Enclosed, please find three signed copies of the Agreement for Professional Services for the Loch Lomond Subdivision. Once fully ❑ for your information executed, please send us a copy for our records. ❑ for review & comment Thank you. ❑ for submittal ■ for approval ■ as requested as discussed ■ Regular Mail On Trac Federal Express Courier Will Call By: Al Corn-,veli/dcv cc: \C':\:\D NU\'\\C7° 4,4116110\201604 I 1 "Trans Gry• of S.m lVaddca� PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aLyreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department DAe 1 City Attorney Review, revise, and comment on draft agreement. ,6gg__ 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, an nsuranncecertificates and endorsements.i� 7 5 City Manager / Mayor / or Agreement executed by Counci authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. Ej�241 Id To be completed by Contracting Department: Project Manager: &e Vhl kr, &War) Project Name:_( _ (SU-, ���,� � � I�c,l�1 r � h G( Agendized for City Council Meeting of (if necessary): Ir)5PE t wcs If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. 1 Mission City of Marin February 16, 2016 John Arvin, Vice President Woodridge Capital Partners, LLC 1999 Avenue of the Stars, Suite 2850 Los Angeles, CA 90067 Re: The Village at Loch Lomond Additional Inspection Fees Dear Mr. Arvin, MAYOR GARY O. PHILLIPS VICE MAYOR KATE COLIN COUNCILMEMBER MARIBETH BUSHEY COUNCILMEMBER JOHN GAMBLIN 'M----IWOUNCILMEMBER ANDREW CUYUGAN MCCULLOUGH PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334 Dean Allison, Director of Public Works John(&Woodrid2eCa1)ital.com Currently, the City has hired CSW Stuber Stroeh Engineering Group, Inc., to assist our Public Works Department with the inspection of the referenced subdivision. Enclosed is their latest estimate for the remainder of the inspection needed for the project. All inspection and staff time associated with administering the referenced project is the fiscal responsibility of the developer. Based on this additional deposits are needed to facilitate the inspection of the referenced subdivision. The following table summarizes our understanding of the fees needed to support this remainder of the work: Deposits Description Amount Phase 1 Subdivision Map $101,924 Phase 2 Subdivision Map $29,446 Inspection Deposit Subtotal $131,370 Expenditures Description Amount Phase 1 Map Recordation Fee $11,924 CSW Stuber Stroeh Engineering $89,316 Group, Inc. Estimated Total Expenditures $101,240 Comments Additional amount requested when Phase 2 Map was recorded. Comments Noted in the Phase 1 Subdivision Agreement Inspection Services to date Based on the enclosed letter, an additional $55,870 ($101,240+$86,000-$131,370) is needed for our inspection services. Please provide us with an additional deposit in the amount noted. Very truly yours, Kevin McGowan Assistant Public Works Director C: Dean Allison, Public Works Director 111 MORPHEW STREET • PO BOX 151560 • SAN RAFAEL, CA 94915-1560 W W W.CITYOFSANRAFAEL.ORG