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HomeMy WebLinkAboutRancho Costera LLC; 2017-02-14;REIMBURSEMENT AND CREDIT AGREEMENT FOR DRAINAGE MASTER PLAN FACILITIES (CT 13-03, Robertson Ranch West Village) Attachment A This reimbursement and credit agreement for Drainage Master Plan facilities, associated with the Robertson Ranch West Village development, dated as of Ee\2ftAdV'\j l 4 , 20 \ l ("Agreement"), is made at Carlsbad, California, between Rancho Costera, LLC, a Delaware limited liability company (the "Developer") and the City of Carlsbad, a municipal corporation of the State of California (the "City"), with reference to the following recitals: A. Whereas, the Developer has processed a development within the City known as Robertson Ranch West Village, CT 13-03 (the "Project") located on real property (the ·'Property") owned by Developer. A legal description of the Property is attached hereto as Exhibit "A.", and; B. Whereas, the City established a Drainage Management Program to collect drainage area fees necessary to finance and construct certain drainage improvements ("Drainage Program Fund"). The Project and Property are located within one the boundaries of the Drainage Program Fund assessment areas, known as the City's Planned Local Drainage Area B (the "Benefit Area"). The drainage area map and Project vicinity can be viewed in Exhibit "B." Pursuant to the City's Municipal Code and Local Facilities Management Plan, all development projects within the Benefit Area must pay a fee (the "Area Drainage Fee'') to the Drainage Program Fund to fund the construction of drainage facilities necessary to serve developments within each Benefit Area, and; C. Whereas, Developer may convey or cause conveyance of record title to the Property to other persons pursuant to contractual commitments not related to this Agreement. Any further development activity with respect to any portion of the Property or Project will be the responsibility of the respective transferee. The original Developer, and signatory of this RR West PLDA Reimb final9-7-2016 Agreement, shall remain solely bound to the terms and obligations of this Agreement, unless and until the Agreement is modified to the satisfaction of the Public Works Director/City Engineer, in accordance with Section 6(i), below, and; D. Whereas, Condition 60(j) of Planning Commission Resolution No. 7035, approving the Project Vesting Tentative Map, requires Developer to: Construct all private and public onsite drainage infrastructure to collect, convey and discharge storm water on or through the project, to city standards, as shown on the Vesting Tentative Map. Unless otherwise approved, Developer shall construct Facility BFA pursuant to Local Facilities Management Plan Zone 14 to the satisfaction of the city engineer. E. Whereas, the Developer is required to construct certain public drainage improvements as identified as facility 'BFA' in the City's Drainage Master Plan, dated July 2008 (the "Drainage Improvements"), and; F. Whereas, the Drainage Improvements are also part of the work to be financed through the City's collection of Area Drainage Fees. The parties agree that it is fair and practical to grant Developer a credit against the Area Drainage Fee due from the Project equal to the eligible cost of the Drainage Improvements constructed by Developer ("Area Drainage Fee Credit"), and; G. Whereas, the "Total Cost" of the Drainage Improvements shall be the sum total of (i) the actual contract cost of designing and installing the Drainage Improvements (contract cost), plus (ii) an overhead allocation of four percent ( 4%) multiplied by the contract cost, in lieu of other reimbursement for Developer's cost incurred for salary and benefits for staff of Developer's offices, supervision above the level of on-site superintendent, general corporate, legal, and accounting fees, the cost of borrowed funds, insurance and bond premiums, expenses for meetings with and presentations to governmental agencies which issue permits or otherwise regulate project approval, (iii) an additional two and one-half percent (2.5%) multiplied by the RR West PLDA Reimb final9-7-2016 2 contract cost covering Developer's construction administration of said Drainage Improvements, and (iv) the cost of the Auditing Engineer to process and review the reimbursement request submittal(s). An estimate of Total Costs, showing the categories listed above, is attached hereto as Exhibit "C", and; H. Whereas, per the City's Municipal Code and as a condition of developing The Property, Developer is required to pay Area Drainage Fees per the city approved Planned Local Area Drainage fee program. The Developer's estimated total amount of Area Drainage Fees imposed on the Project is approximately $570,321. The amount of Area Drainage fee is based on the City approved fee schedule and a summary of cost breakdown is provided in Exhibit "D" attached hereto. The parties acknowledge that the fee schedule may be adjusted in the future and that Developer's responsibility for Area Drainage Fees and its Area Drainage Fee Credit might change as a result, and; I. Whereas, the Developer's actual reimbursement shall be calculated by taking the "Total Cost" of the Drainage Improvements based on the city-approved audit described in Section 5 hereof, and subtracting the Area Drainage Fee Credit using the City of Carlsbad Fee Schedule in effect at the time of the audit. The balance shall be the actual reimbursable amount owed to Developer ("Reimbursable Amount"), subject to funding ability in the Benefit Area of the Drainage Program Fund, account as determined by the City Finance Director, NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS AND EXHIBITS. The above Recitals are true and correct. The Exhibits cited above are a part of this Agreement. 2. SATISFACTION OF OBLIGATION. Developer's agreement to construct the Drainage Improvements as set forth herein, with the actual construction of the Drainage Improvements thereof to the satisfaction of the City Engineer, shall fully satisfy and constitute RR West PLDA Reimb final9-7-2016 3 full compliance with the applicable requirements imposed on the Project with respect thereto. 3. DEVELOPER OBLIGATIONS. a. In consideration of City's reimbursement and other undertakings as set forth herein, Developer agrees to construct and install the Drainage Improvements. Developer estimates the Total Costs of projected Drainage Improvement Cost of $1,242,699 as described in page 1 of Exhibit "C". Although Developer's estimated costs exceed the Drainage Program costs for facility BFA, Developer agrees that maximum Reimbursable Amount shall not exceed the Drainage Program Fund allocated to facility BFA. b. Developer shall obtain all property interests necessary for the construction, operation and maintenance of the Drainage Improvements herein described. c. Developer shall use the complete set of City approved plans, specifications and other design documentation for the Drainage Improvements. The Drainage Improvements are to be constructed in accordance with City drawing number 477-6. All other terms of construction appear in a subdivision improvement agreement entered into between the City and Developer. The Subdivision Improvement Agreement for DWG 477-6 (SECA #14039, dated 7/30/2014) is on file with the City Clerk's office. d. Developer shall complete all work on the Drainage Improvements in accordance with the Development Improvement Agreement for City approved drawing number DWG 477-6 on file with the City Clerks Office. e. By entering into this Agreement, Developer waives any and all potential constitutional (Nollan/Dolan) objections relating to the Drainage Improvements. f. Developer agrees that any work subject to reimbursement by the City per this Agreement shall be paid using prevailing wages. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract for constructing the Improvements herein shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, RR West PLDA Reimb fina19-7-2016 4 and 1773.1 of the Labor Code. Pursuant to section 1 773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1 720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. The Contract for Improvements is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 4. CITY OBLIGATIONS. a. Pursuant to section 5 below, City shall perform an Audit to review Developer's incurred cost of Drainage Improvements. City shall verify eligibility of costs under the City's Drainage Fee Program. Based on the Drainage Fee Program, the Developer's maximum Reimbursable Cost by constructing facility BFA, subject to the Developer's proof of incurring the costs, is $1,204,699. Pursuant to the Drainage Fee Program, the cost for facility BFA is based on the original budget from the 2008 Drainage Master Plan while applying cost adjustments per the Engineering News Record (ENR) construction cost inflator for the Los Angeles area in effect at RR West PLDA Reimb final9-7-2016 5 time of executing this Agreement. The cost for facility BFA may be adjusted herein based on the cost ENR construction cost inflator in affect at the time of the Developer actual reimbursement per Section 5 below. This facility cost as verified by the City, is the maximum figure the Developer is eligible for, without revising the Drainage Fee Program. b. Pursuant to Carlsbad Municipal Code 15.08, City collects Area Drainage Fees prior to final map approval or issuance of development permits. In lieu of the Developer paying the Area Drainage Fee described in Section H above, City agrees to defer Developer's payment of this Area Drainage fee. In lieu of Developer payment of Area Drainage Fees, City agrees to apply Developer's Area Drainage Fee as a credit. City shall apply this credit by subtracting the Developer's Area Drainage Fee amount from the Developer's Total Cost of constructing facility BFA. City shall pay Developer cash in an amount equal to the balance of the Total Cost minus the Area Drainage Fee amount. Notwithstanding anything herein to the contrary, all Total Cost shall be for work that is eligible within the Drainage Area Program. c. Upon City's review and approval of the incurred cost and verification of eligibility of payment under the Drainage Fee Program and crediting the Developer's Area Drainage Fee otherwise due, City shall pay Developer the balance due pursuant to a timing schedule described in Section 5 below. 5. AUDIT OF REIMBURSEABLE EXPENSES a. Developer may submit for reimbursement upon City acceptance of the Drainage Improvements. b. At the discretion of the City, all Developer's reimbursement requests will be processed and audited for City by a reputable consulting engineer selected by the City ("Auditing Engineer"). The cost of the Auditing Engineer to process and review the submittal(s) shall be paid by the Developer directly and subject to reimbursement from the Drainage Fee Program. c. Upon completion of the Drainage Improvements, Developer shall present City with two RR West PLDA Reimb final9-7-2016 6 (2) separate complete and detailed reports accounting for the costs and expenses by Developer for the Drainage Improvements (Audit Materials). Any delay by Developer in such submittals shall not prejudice its rights, but shall delay day-for-day the time in which City must take any responsive action. d. Developer's submittal of Audit Materials shall include copies of plans, specifications, engineer's cost estimates, bids received, contracts, change orders, invoices, payment slips, canceled checks (front and back), lien releases and other documentation reasonably required by City to evidence the completion of and payment for the Drainage Improvements. e. Upon its receipt of a written request therefor from City, Developer shall allow an audit of such costs and expenses to be prepared at Developer's expense by certified public accountants specified by City. f. Developer shall either construct the Drainage Improvements itself or solicit bids from at least three reputable contractors. Developer may reject a low bid if, in its reasonable discretion, it does not believe the low bidder will be able to complete its portion of the Drainage Improvements competently or timely. g. The City Engineer shall, within thirty (30) days of receipt of the Audit Material submittal(s), issue a report either accepting Developer's submittal(s) or specifying any reimbursement items or amounts not approved. Failure to notify Developer shall be deemed to constitute City's approval of the submittal. Any reimbursement items or amounts not approved by the Auditing Engineer may be further pursued by Developer using the dispute resolution procedure herein. h. If the City Engineer objects to any reimbursable item, Developer and the City Engineer shall meet to discuss the disputed amount and attempt to resolve the matter through good-faith negotiation. If Developer and the City Engineer are unable to reach agreement, Developer may appeal the City Engineer's decision to the City Council pursuant to Section 6(a). RR West PLDA Reimb final9-7-2016 7 1. Before Developer's final submittal, Developer shall obtain all necessary or appropriate releases from its contractor(s), and shall obtain from City, and from any and all appropriate governmental agencies, all approvals, certificates and other documents necessary to indicate completion of the Drainage Improvements and the ability to put the Drainage Improvements into use. The date Developer receives all such lien releases, approvals, and certificates shall be deemed the date of completion of the Drainage Improvements (the "Completion Date"). J. Upon the Auditing Engineer's determination on any reimbursement request, City shall, within thirty (30) days thereafter, after subtracting the Area Drainage Fee Credit, pay all undisputed Reimbursement Amounts to Developer, provided funds are available. Reimbursement costs are not to be funded by the City's general fund. 6. MISCELLANEOUS. a. Disputes. If a dispute should arise regarding the performance or interpretation of this Agreement, Developer shall send a letter to the Public Works Director describing the dispute and recommending a method of resolution. The Public Works Director shall reply to the letter, including a recommended method of resolution, within ten (1 0) days of receipt. If the resolution thus obtained is unsatisfactory to Developer, the Public Works Director shall send a letter outlining the dispute to the City Council through the office of the City Manager for the Council's resolution. The City Council may, but is not obligated to, resolve the dispute. If the City Council considers the dispute and directs a solution, the action of the City Council shall be administratively binding upon the parties, but nothing herein shall prohibit the parties seeking remedies available to them at law. b. Jurisdiction. Developer agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is San Diego County, California. c. Obligations and Benefits Not Running With Land. Any and all reimbursements, whether RR West PLDA Reimb final 9-7-2016 8 by crediting fees or cash payment, shall be made only to Developer or such entity as Developer shall designate in writing pursuant to Section 6(e). d. No Third Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto. The parties hereto expressly disclaim any such third-party benefit. e. Notice. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person as any party shall designate to the others for such purpose in the manner set forth below: If to Developer: Ifto City: Rancho Costera, LLC c/o Toll Brothers, Inc Attn: Bradley Hare, Sr. Vice President 725 W. Town & Country Road, Suite 200 714-347-1300 City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 f. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. g. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California and the parties agree and hereby stipulate that the proper RR West PLDA Reimb final9-7-2016 9 venue and jurisdiction for resolution of any disputes arising out of this agreement is San Diego County, California. h. Complete Agreement. This Agreement contains the entire agreement between the parties with respect to the matters set forth herein, and supersedes all prior or contemporaneous agreements (whether oral or written) between the parties with respect to the matters set forth herein. 1. Amendment. This Agreement may be amended only by a written instrument signed by both City and Developer. J. Term. This Agreement shall be effective as of the date written above and shall terminate on the earlier of (i) the date City fully reimburses Developer the Reimbursable Amount, or (ii) July 1, 2021. k. City Authority. City warrants, represents and agrees that it has the legal authority to collect any and all funds that it will use to reimburse Developer. City further warrants, represents and agrees that it has the legal authority to pay and/or credit these funds to Developer. These warranties, representations and agreements are a material inducement to Developer to enter into this Agreement. I. Developer Not Agent of City. Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement. m. No Vesting. Performance by Property Owner of this Agreement shall not be construed to vest Property Owner's right with respect to any change in zoning or building law or ordinance. n. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provision of this Agreement. I II RR West PLDA Reimb final9-7-2016 10 o. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. DEVELOPER: Rancho Costera, LLC, a Delaware limited liability company B~cz Sign here Name and Title of Signatory By: ________________ _ Sign here Name and Title of Signatory CITY: CITY OF CARLSBAD, a Municipal Corporation of the State of California By:~1dd// Matt Hall, Mayor APPROVED AS TO FORM: CELIA BREWER, City Attorney By:&~~ ~City Attorney ATTEST: (SEAL) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute the instrument.) RR West PLDA Reimb final9-7-2016 11 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange on September 28, 2016 before me, Heidi L. Ferguson, Notary Public (insert name and title of the officer) personally appeared Bradley Hare-------------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~is/at:e subscribed to the within instrument and acknowledged to me that he/si'leltl=tey executed the same in his/1 rer1't:l reir awthorized capacity(~. and that by his/her:!tloreir signatur~on the instrument the person(,.it, or the entity upon behalf of which the persoflk87 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rpy hand and official seal. (Seal) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOTS 1-323 OF ROBERTSON RANCH WEST VILLAGE, CARLSBAD TRACT NO. CT 13- 03-2 MAP NO. 16092, RECORDED JANUARY 5, 2016 AS INSTRUMENT NO. 2016- 7000052 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. RR West PLDA Reimb final9-7-2016 12 Exhibit "B" Planned Local Drainage Fee Areas Project Vicinity J:\carg;s2\produc:tsljllanningv197.08\Pianned Local Dno;nage Fees.mxd FEE SCHEDULE 09/01/15 PAGE18 RR West PLDA Reimb fin al 9-7-2016 Exhibit "C" 'BFA' STORM DRAIN IMPROVEMENTS PRELIMINARY COST ESTIMATE (DWG 477-6) Descri~tion Quant~ Unit Cost Item Total SHEET19 STA465+49.18 Type B-1 Cl1.17' W/TRAFFIC CONTROL 1 EA 8,000.00 $ 8,000.00 (9) 18" RCP 1350-D T&G Joints, wiTramcControl & Temp 58.76 LF 120.00 $ 7,051.20 STA 465+49.13 Type B-5 CO median 1 EA 6,000.00 $ 8,000.00 (10) 18" RCP 1350-D T&G Joints, wiTraffic Control & Temp 38 LF 120.00 $ 4,560.00 Replace sidewalk 234 SF 6.50 1,521.00 Replace Curb & Gutter 37 LF 27.50 1,017.50 Trench Restoration (9) (10) wiTraffic Control 97 LF 70.00 6,773.20 STA 465+49.18 Type B-5 CO EA $ 6,000.00 6,000.00 (4, 5) 48"RCP 1350-D T&G Joints 147.97 LF $ 180.00 26,634.60 STA 467+00 Type B-5 CO 1 EA 6,000.00 6,000.00 (6) 48" RCP 1350-D T&G Joints 18 LF 180.00 3 240.00 Sheet 19 T olaf: 76,797.50 SHEET20: (3) 48" RCP 1350-D • Watertight Joints 178 LF $ 210.00 37,380.00 STA 469+00 Type B-5 CO 1 EA $ 6,000.00 6,000.00 Type 8-1 Cl L=11' wiTraffic Control 1 EA $ 6,800.00 6,800.00 (7) 18" RCP 1350-D T&G Joints 8.03 LF $ 120.00 983.60 STA 469+00 Replace with Type B-4 CO 1 EA $ 7,500.00 7,500.00 (8) 24" RCP 1350-D T&G Joints, wiTramc Control & Temp 86.50 LF $ 130.00 11,245.00 Trench Restoration (7) (8) wiTraffic Control 94.53 LF $ 70.00 6,617.10 Replace sidewalk 192.50 SF $ 6.50 1,251.25 Replace Curb & Gutter 35 LF $ 27.50 962.50 (4) 48" RCP 1350-D • Watertight Joints 381 LF 210.00 80,010.00 STA 472+85 Type 8-5 CO 1 EA 6,000.00 6,000.00 STA 472+75.80 Type 8-1 Ct L=9' wiTraffic Control 1 EA 6,400.00 6,400.00 (1) (2) (10) 18" RCP 1350-D T&G Joints, wiTraffic Control & Temp 99.73 LF $ 120.00 11,967.60 Trench Restoration (1) (2) (10) wiTraffic Control 99.73 LF $ 70.00 6,981.10 (4) (6) 48" RCP 135o-o• Watertight Joints 72.64 LF 210.00 15,254.40 Sheet 20 Total: 205,332.55 SHEET 21 (1) (2) 48" RCP 135o-o• Watertight Joints 342.18 LF 210.00 71,857.80 STA 477+15 Type 8-7 MOD 1 EA 8,000.00 8,000.00 (3, 4, 5, 6) 48" RCP 1350-D• WT Joints, wiTraffic Control & Temp 226.83 LF 270.00 $ 61,244.10 Trench Restoration (4, 5, 6) wiTraffic Control 219.96 LF 98.00 21,556.08 STA 478+89, 15 Type 8-5 CO wrrraffic Control 1 EA $ 7,000.00 7,000.00 Sheet 21 Total: 169,657.96 Page 1 of2 RR West PLDA Reimb final9-7-2016 Exhibit "C" SHEET22 (2) 48" RCP 135o-D• wr Joints, wfTraffic Control & Temp 198 LF 270.00 53,460.00 Trench Restoration (2) wfTraffic Control 198 LF 98.00 $ 19,404.00 STA 481+25.45 Mod Type A-6 CO wfTraffic Control EA 9,000.00 $ 9,000.00 (3a)(3b)(3c) Dbl42" & 1-24" RCP 135o-D• wr Joints, wfTraH 94.97 LF 580.00 $ 55,082.60 STA 481+25.45 Mod Type A-6 CO wfTraffic Control 1 EA $ 9,000.00 $ 9,000.00 (4k) 42" RCP 135o-D T&G Joints, wfTraffic Control & Temp 11.72 LF 250.00 $ 2,930.00 (4L) 42" RCP 1350-D T&G Joints, wfTraffic Control & Temp 9.52 LF $ 250.00 $ 2,380.00 (4m) 24" RCP 1350-0 T&G Joints, wfTraffic Control & Temp 8.22 LF $ 130.00 $ 1,068.60 (4g)(4h)(4j) Dbl42" & 1-24" RCP 1350-D T&G Joints 4 LF $ 550.00 $ 2,200.00 wrrraffic Control & Temp (4d) 42" RCP 1350-D T&G Joints, wfTraffic Control & Temp 49.34 LF 250.00 12,335.00 (4e) 42" RCP 1350-D T&G Joints, wfTraffic Control & Temp 40.06 LF $ 250.00 $ 10,015.00 (41) 24" RCP 1350-0 T&G Joints, wfTraffic Control & Temp 34.56 LF $ 130.00 $ 4,492.80 (4a) 42" RCP 1350-D T&G Joints, wrrraffiC Control & Temp 74.07 LF $ 250.00 $ 18,517.50 (4b) 42" RCP 1350-D T&G Joints, wfTraffic Control & Temp 76.38 LF $ 250.00 $ 19,095.00 (4c) 24" RCP 135o-D T&G Joints, wrrraffic Control & Temp 77.45 LF 130.00 $ 10,068.50 Trench Restoration {3a -4a) minus median and RCB zone 205 LF 230.00 $ 47,150.00 (19) DBL 8'x4' RCB 34.47 LF 2,300.00 $ 79,281.00 Remove existing headwall south side EA 5,000.00 $ 5,000.00 Wing headwall Type A (D-79-A) MOD EA 15,000.00 $ 15,000.00 Rip~rap see note 1 EA 36,000.00 $ 36,000.00 Ri;rrap Concrete Sill Wall (Type 1 per D40) 55'Lx2. 70'Wx8.10'D EA 18,000.00 $ 18,000.00 Sheet 22 Total: 429,480.00 FEES: Engineering Design Fees (Hydrology I Storm Drain) LS 52,000.00 52,000.00 Surveying Fees LS $ 7,800.00 7,800.00 SoOs Engineering Testing Fees LS $ 25,000.00 25,000.00 Construction Management Fees LS $ 65,000.00 $ 65,000.00 Traffic Control-Included with Unit Cost as noted LS City Plancheck Fees LS $ 31,630.00 $ 31,630.00 Kinder Morgan Inspector (25 days) LS $ 17,910.00 17,910.00 Fees Total: 199,340.00 TOTAL COST WiTHOUT CONTINGENCIES: $ 1,080,608.03 15% CONTINGENCIES: $ 162,091.20 TOTAL PROBABLE CONSTRUCTION COST: $ 1,242,699 NOTE: THESE ESTIMATES ARE BASED UPON PRELIMINARY PLANS WHICH HAVE NOT RECENED FINAL APPROVAL. UNIT COSTS, IN SOME CASES, HAVE BEEN PROVIDED BY OTHERS. THE ENGINEER MAKES NO REPRESENTATION CONCERNING THE ESTIMATED QUANTITIES. COST FIGURES ARE ESTIMATES ONLY AND THE ENGINEER SHALL NOT BE RESPONSIBLE FOR FLUCTUATIONS IN COST FACTORS OR CHANGES DUE TO FINAL DESIGN. THESE ESTIMATES ARE FOR PRELIMINARY INFORMATION ONLY. Page 2 of2 RR West PLDA Reimb final9-7-2016 Exhibit "D" Robertson Ranch West Village Preliminary Area Drainage Fee calculations Drainage fees based on Planned Local Drainage Area (PLDA) B using the latest City Council adopted fees dated 09/01/2015. *Area reflects a prorated amount of 1.0 additional acre for Tamarack Avenue and El Camino Real frontage of 9.0 acres. Preliminary Drainage Fee Calculations_Robertson Ranch West Village_rev 3-4-15 RR West PLDA Reimb fmal 9-7-2016