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HomeMy WebLinkAboutCC Resolution 14274 (Village Loch Lomond Inspection Services)RESOLUTION NO. 14274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC., FOR ADDITIONAL INSPECTION SERVICES IN ASSOCIATION WITH THE VILLAGE AT LOCH LOMOND MARINA SUBDIVISION, AND INCREASING THE COMPENSATION, FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $326,000. WHEREAS, on January 21, 2014, the City Council of the City of San Rafael approved the Phase 1 Subdivision Map and Subdivision Improvement Agreement for the Village at Loch Lomond Marina; and WHEREAS, on February 17, 2015, the City Council of the City of San Rafael approved the Phase 2 Subdivision Map and the Subdivision Improvement Agreement for the Village at Loch Lomond; and WHEREAS, on March 7, 2016, the City Council of the City of San Rafael approved the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for inspection services in connection with the Village at Loch Lomond Subdivision, in an amount not -to -exceed $86,000; and WHEREAS, the public improvements being installed in the subdivision will be maintained through a Mello -Roos Community Facilities District administered by the City of San Rafael after the project is substantially completed; and WHEREAS, the City is required to inspect installation of all the improvements associated with the public amenities, including the roadway, parks and infrastructure being constructed with this subdivision, and pursuant to the subdivision approvals, the subdivider is liable for the cost of the required inspections; and WHEREAS, On March 7, 2016, the City entered into a professional services agreement with CSW/Stuber-Stroeh Engineering Group, Inc. to provide inspection services for this subdivision; and WHEREAS, because of project delays, the City now has a need for additional construction inspection services during construction of the Village at Loch Lomond Subdivision; and WHEREAS, the additional professional services for inspection through project completion are estimated at $240,000; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The City Council does hereby authorize the City Manager to execute an amendment to the professional services agreement with CSW/Stuber-Stroeh Engineering Group, Inc. dated March 7, 2016, for the additional inspection services required through completion of the Village at Loch Lomond Marina subdivision work, in a form approved by the City Attorney and in an additional amount not -to -exceed $240,000, for a total contract cost not to exceed $326,000. 2. The amendment to the agreement shall provide that CSW/Stuber-Stroeh Engineering Group, Inc. shall not provide inspection services under the agreement in excess of the funding received by the City from the subdivider for this purpose. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6th day of February, 2017, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None �e--4 ESTHER C. BEIRNE, City Clerk File No. 01.01.02.01 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSWISTUBER STROEH ENGINEERING GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO INCREASE THE TOTAL COMPENSATION FOR INSPECTION SERVICES IN CONNECTION WITH THE VILLAGE AT LOCH LOMOND MARINA SUBDIVISION THIS AMENDMENT to Professional Services Agreement is made and entered into this day of , 2017, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSWISTUBER-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, pursuant to City Council Resolution No. 13430 adopted on September October 15, 2012, the CITY and CONTRACTOR entered into a Professional Services Agreement dated October 15, 2012 and amended pursuant to City Council Resolution 13809 adopted on September 15, 2014 for on-call engineering services, for an amount not -to -exceed $200,000, and the amount of expenditures thereunder related to the Village at Loch Lomond Marina Subdivision totaled $89,316; and WHEREAS, pursuant to City Council Resolution No. 14080 adopted on March 7, 2016, the CITY and CONTRACTOR entered into a new Professional Services Agreement, dated March 7, 2016, specifically for inspection services for the Village at Loch Lomond Marina Subdivision for an amount not -to -exceed $86,000 (the "Agreement"); and WHEREAS, the CITY now has a need for additional inspection services during continued development activities at the Village at Loch Lomond Marina Subdivision, and desires CONTRACTOR to perform this additional work under the Agreement, under the terms and conditions provided in this Amendment, for an additional contract amount not -to -exceed $240,000, for a total combined project not -to -exceed amount of $415,316; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to include an additional amount of compensation to CONTRACTOR in the sum of up to $240,000 for additional services to be performed under the Agreement, thereby increasing the total contract compensation to a not -to -exceed amount of $326,000. Notwithstanding the foregoing, however, it is acknowledged and understood by CONTRACTOR that all compensation payable to CONTRACTOR under the Agreement, as amended herein, is intended to and shall be funded by Marina Village Associates LLC, the subdivider of the Village at Loch Lomond Marina Subdivision (hereinafter "SUBDIVIDER"). Accordingly, CITY shall, from time to time during the term of the Agreement, provide CONTRACTOR with notice of the amount of funding CITY has received from SUBDIVIDER, and CITY's direction and consent for CONTRACTOR to perform services limited to the available funding. CONTRACTOR shall not be entitled to compensation hereunder in excess of the funding received by the CITY from the SUBDIVIDER, without prior written consent from the CITY. Nothing in this Amendment shall be construed to amend CONTRACTOR's hourly compensation rates under the Agreement. 2. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in force after this amendment. IN WITNESS WHEREOF, the parties have executed this Amendment to Professional Services Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR By: Q?2/!' 0ae JIM SCHUTZ, City Manager Name: 41 _.8i^K P[1Gv/ Title: /4� ATTEST: ESTHER C. BEIRNE, City Cleric By: APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney 2 Name: Title: 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 Technician I Project Assistant II Project Assistant I SURVEYING Survey Supervisor Project Surveyor Survey Technician Two -Man Survey Party HOURLY RATES $ 190.00 - 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 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 HOURLY RATES $ 190.00- $ 90.00- $ 153.00- HOURLY 53.00- HOURLY RATES ENVIRONMENTAL PLANNING $ 178.00 Senior Environmental Planner $ 157.00 Environmental Planner II $ 105.00 Environmental Planner I $ 240.00 210.00 200.00 179.00 163.00 157.00 137.00 120.00 158.00 142.00 121.00 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 outside 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 "nZ_4! 0 P � s" October 18, 2016 John Alvin, Vice President Woodbridge 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: File No: 15.08.09 Currently, the City has hired CSW/Stuber-Stroeh Engineering Group, Inc., to assist our Public Works Department with the inspection of the referenced subdivision. 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 occupancy phasing was previously provided in February, 2016 by RJA and is attached to this letter. The current pace of development is roughly 5 months behind the schedule noted by RJA such that one-half of the projected work is completed. Unless the completion rate is increased, construction would continue for 32 months to conclude June, 2019. Enclosed is their latest estimate for the remainder of the inspection needed for the project. As described in the attached letter from CSW/Stuber-Stroeh, dated October 18, 2016, the estimated cost of services is $8,000 per month, with approximately two months remaining in the budget. Based on the cost per month of utilizing this inspection service and the number of anticipated months remainine an additional deposit of $240.000 is required, ($8,000 x 30 months). This is an estimate and additional deposits may be necessary if finds are used at a higher rate or if there are additional delays. In addition, the referenced project included the installation of a new utility at the corner of Bonnie Banks Way and Lochinvar Road. The developer is required to install a new curb ramp at this location and on September 13, 2016, we forwarded an agreement to you for this work. At this time we have not received the signed agreement. Please sign and return the agreement as soon as possible, so the work can be scheduled. Very truly yours, Kevin McGowan Assistant Director of Public Works Cc: Bill Guerin, Director of Public Works; Paul Jensen, Community Development Director Josh Minshall, Associate Civil Engineer; Al Cornwell, CSW/Struber-Stroeh; Chris Khalil, Marina Village Associates, LLC Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Madbeth Bushey, Councilmember • John Gamblln, Councllmember • Andrew Cuyugan McCullough, Councllmember CSWIST2 CSW/Sluber•Sireeh Engineering Croup, Inc. Date: October 18, 2016 File: 4.1161.00 Kevin McGowan City Engineer City of San Rafael 111 Morphew Street San Rafael, CA 94901 45 L6,wwl Ccud 415.883.9850 Nre;o Norio, CA 94949 Fs 415.883.9835 Fvavm v mrl2am PF.da.wdoty Sxa�:o Uglrc s I lard Ftarnurs I Sumyws I WASW, MOMS RE: LOCH LOMOND CONTINUING OVERSIGHT SERVICES Dear Kevin: As you know, CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) has continued to act on behalf of the Public Works Department for the Loch Lomond project. In addition to continuing to provide plan checking, construction oversight and observation on behalf of the City, we have taken on a larger role after the untimely passing of Mr. Dean Allison earlier this year. The City renewed our contract in April anticipating that the staff in the Public Works Department, and specifically the Director would take on a larger role as the project was completed. The services that CSW j SI'2 continues to provide on behalf of the City are much more involved than we anticipated in February. This is primarily due to the slow progress of the project, the demands of the developer to close houses and issue Certificates of Occupancy, and the stepping into the role of negotiating with the developer on punchlist, progress, BCDC issues and a variety of tasks requiring the attention of experienced senior engineering and development staff. While you and I projected approximately 624 hours of a field engineer for the twenty four months between spring 2016 and spring 2018, since January 1, 2016, the field engineers in our office have already been required to spend about 460 hours monitoring and observing the site. In addition, you and I did not allocate any specific time for senior staff other than a budget of $7,000 to close out the "backbone" infrastructure. This work is still uncompleted by the developer. We continue to provide $6,000 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 (who have changed three dines in the interim) and general memos and letters memorializing the progress or cajoling the project representatives to act. In February, we were told by Todd Wright that he expects the "backbone" infrastructure, for which he is responsible, to be completed by the end of March 2016. It is now halfway through October, and while progress has been made on substantially completing the parks on F:btD-xOC\KP\J\!116110\>n141D.16 Lxh Lmemi��.WSowul IbnY�RR�Y+u, Kcn \IaG,nvn 11.1161.ID1Av CSWIST2 Kevin McGowan City of San Rafael October 18, 2016 Page 2 the jetties and opening the breakwater, most of the same "punchlise' items have not been completed. This not only includes the main drive and the work on the deficiencies therein, but also removing the temporary power, powering up the sewer lift station, and opening the restrooms. The City had to snake its own proposal to rebuild the Bonny Banks/Loclinivar intersection, and we are still waiting for the developer to acknowledge and agree to pay his fah share of restoring that intersection. At this point it is anyone's guess on how much longer the developer will drag out the approval and acceptance process, although, recent activity with BCDC and the stipulated settlement indicates that there is movement. That coupled with the recent letter that the City sent the developer demanding progress on the punchlist items or face a halt to the City issuing Certificates of Occupancy will, hopefully, result in the developer taking action. The budget we set aside in April of this year was $86,000. 'Through October 9, the services provided on this project total $71,763.71. If the developer continues to project that the last home sale will take place in February 2018, we have 16 months to go not including the final sales of the models and sales office. Once the infrastructure is complete and accepted by the City, most of the remaining time should be spent on daily site checks and observing and signing off on the site construction around the houses. There will be a second spike when the new Andy's Market is open and the existing building demolished. This will trigger a mass movement of dirt for surcharge and associated construction monitoring. A third spike will likely occur when the surcharge pile is removed and the remaining infrastructure installed. With almost 9 months of activity since the first of this year, I think that we can anticipate the following effort on a regular basis: 8-10 hours per week of field engineering observation, attendance at monthly Marina Committee/City meetings, and 2-4 hours of discussion between public works, community development and our principal. In addition, we need to monitor the punch lists, prepare scope for the interim maintenance of the areas that will ultimately be maintained by the Mello Roos CFD, and provide liaison with the developers representative(s). We currently have about $14,000 left in our budget which should cover us until mid- December, 2016. Based on our current burn rate and assuming the project would end in February, 2001 he City should budget 14 months at $8,000 per month or $112,000 to get us to February, 20W8As mentioned above, there will be periods of greater and lesser activity during the corning months, and the City may want to monitor the expenses more closely and take this in two phases. We will be happy to work with you on the best way to present this to the Council and, ultimately, the developer. CSW j 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 continue to monitor the budget on a monthly basis to assess the rate at which our services are needed and used on the project. gil�\U \o\'\NP\A1A 116110\1n10.10.1P IwKh Iivrv.M��.ldlrai.n� fi�mLrR Pa.Na� A.na \k4wn (1.1161.1111 �hnr CSW I S T 2 Kevin McGowan City of San Rafael October 18, 2016 Page 3 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, Ave respectfully request that you increase the on-call contract by the above mentioned amount or issue a separate work order to cover the expense. Tlnnk 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:rte R:\An-SO\'\OVN\JIIaI19V916@-laluh L_. , AddM"Yo9dm8A"t Ann )kC a(anai.u9daa 45 Leveroni Court 415.883.9850 Novato Novalo, CA 94949 Fax: 415.883.9835 Petaluma l9 eJ Il❑ LJ ll.csvrst2.com Sacramento Redwood City CSWIStuber-Slroeh Engineering Group, Inc. Esp,oeere I LaM Fanners I Sunerara I Lanascepe&tr tWs PROJECT NO.: HOURLY RATES AND BILLING POLICY Effective June 1, 2016 the following hourly rates will be charged for services rendered. (Rates subject to change): CIVIL AND STRUCTURAL 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 1I Engineer I Senior Designer Designer V Designer IV Designer III Designer II Designer I Technician IV Technician III Technician II Technician I Project Assistant II Project Assistant I SURVEYING Survey Supervisor Project Surveyor Sume} Technician Two -Man Survey Party 4.1161.10 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 ardrtdr rofir (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of l0a/a. 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/StuberStroeh 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. LAND PLANNING / HOURLY RATES LANDSCAPE ARCHITECTURE HOURLY RATES $ 216.00 Principal $ 216.00 $ 206.00 Senior Planner $ 196.00-$ 206.00 $ 184.00 Planner V $ 184.00 $ 173.00 Planner IV $ 168.00 $ 162.00 Planner III $ 158.00-$ 162.00 $ 146.00 Planner II $ 141.00 $ 141.00 Planner 1 $ 124.00 $ 196.00-$ 206.00 Landscape Architect V $ 163.00 $ 151.00 Landscape Architect IV $ 146.00 $ 130.00 Landscape Architect III $ 125.00 $ 118.00 Landscape Architect II $ 102.00 $ 102.00 Landscape Architect I $ 93.00 $ 93.00 Landscape Designer Ill $ 113.00 $ 173.00 Landscape Designer II $ 96.00 $ 141.00 Landscape Designer I $ 93.00 $ 130.00 $ 118.00 $ 108.00 $ 102.00 $ 102.00 $ 98.00 $ 93.00 $ 78.00 $ 81.00 $ 71.00 HOURLY RATES ENVIRONMENTAL PLANNING HOURLY RATES $ 183.00 Senior Environmental Planner $ 155.00 $ 162.00 Environmental Planner II $ 135.00 $ 108.00 Environmental Planner 1 $ 124.00 $ 250.00 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 ardrtdr rofir (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of l0a/a. 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/StuberStroeh 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. CITY OFLIFOR MAYOR GARY G. PHILLWS VICE MAYOR KATE COLIN COUNCILMEMBER MARIBERI BUSHEY COUNCILMEAIBER JOIN GAAIBLIN TBER ANDREW CUYUOAN MCCULLOUGH PUBLIC WORKS DEPARTMEW: (415)485-3355 FAX: (415)485-3334 Bill Guerin, Director o(Public Works LOCHINVAR ROAD AT BONNIE BANKS WAYILOCKSLY LANE CURB RAMPS City File No. 16.16.14 Whereas the above referenced project provides for the installation of four ADA -compliant curb ramps at the intersection of Lochinvar Road and Bonnie Banks Way/Locksly Lane, Marina Village Development LLC agrees to the following: • Pay for 25% of the construction contract at a cost of $21,605.00 to Marina Village Development plus an additional 15% City administration fee. Understood and agreed: Marina Village Development LLC: Title: Date: 11 i MORPHEW STREET - PO Box 151560 - SAN RAFAEL, CA 94915-1560 W W W.CHYOFSANRAFAEL,ORG 2 m 2 ( $ w�