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HomeMy WebLinkAboutPW Grand Avenue Cycle Track Construction Inspection ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND PARK ENGINEERING, INC. FOR GRAND AVE CYCLE TRACK CONSTRUCTION INSPECTION SERVICES This Agreement is made and entered into as of i an 3012024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and PARK ENGINEERING, INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated August 4, 2023 ("Proposal") set forth in Exhibit A. which constitutes the basis for this Agreement. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed Rev 08.22 $60,895.18. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate one (1) year from the Effective Date. 4. PROJECT COORDINA 1'10\. A. CITY'S Project Manager. Joanna Kwok 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Steve Patterson is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. 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 CONSULTANT and any and all of CONSULTANT'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. v 08 22 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT 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. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance 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. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless 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 CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT'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 CONSULTANT'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 CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, 08.22 CONSULTANT 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 CONSULTANT 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, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. 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. 11. NONDISCRIMINATION. CONSULTANT 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. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT 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 terms and conditions of this Agreement, to the other party. v 08 22 4 14. 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 CONSULTANT's Project Director: Joanna Kwok/ Assistant Public Works Director Steve Patterson I I I Morphew Street 372 Village Square San Rafael, CA 94901 Orinda, CA 94563 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. 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 CONSULTANT 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 CONSULTANT 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. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, v 08 22 agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, 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. 19. 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. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT 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 CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. v 08 22 6 [Signatures are on the following page.] v0822 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney ��� By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk LINDSAY LARA, City Clerk v 08 22 8 CONSULTANT: ,'&,� Pata—� By: Park Engineering Name: Steve Patterson Title: Vice President [If CONSULTANT is a corporation, add signature of second corporate officer] —q f� ..MnTj By: Park Engineering, Inc. Name: Jaemin Park Title: President/CEO/CFO EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev. 08.22 A-1 Exhibit A August 4, 2023 Joanna Kwok Senior Civil Engineer San Rafael Public Works 111 Morphew Street San Rafael, CA 94901 RE: Proposal for Construction Inspection Services for Grand Ave Cycle Track Project Dear Joanna, Park Engineering, Inc. is pleased to submit personnel qualifications and a related cost proposal to provide construction inspection services for the Grand Ave Cycle Track Project. We appreciate the opportunity to continue working with the City on this project. As discussed through various conversations, the City is in need of a part-time construction inspector to assist on this capital improvement project. This inspector will be shared with another City project — the Southern Heights / Courtright / Pierce Retaining Wall Project —for cost efficiency. I am proposing either Dante Morabe or Pablo Galindo as the construction inspector — dependent on availability when the field work actual begins. Our inspector will work on the project to ensure contract compliance and work closely with City's project manager throughout the project efforts. Our team can meet the challenges anticipated for this project on Grand Avenue between Second and Fourth Streets. The scope of work of this project includes installation of a new two-way protected cycle track and sidewalk on Grand Ave, as well as upgrades to traffic signals, curb ramps, landscaping, and road resurfacing. We will ensure that the work is successfully completed and documented in accordance with the City's and all local requirements and regulations. Our personnel has the necessary technical expertise, as well as the soft skills required to complete this assignment successfully and efficiently. Dante & Pablo's resumes and a proposed cost estimate are included for your information and review. Hours can be adjusted as needed to fit the needs of the assignments and the City. Orinda Office Should you have any questions or need additional information, please do not hesitate 372 Village Square 372 Village ge Square to contact me. I can be reached at 372 Village Square, Orinda, CA 94563, E-mail: Orinda,94563 Tel: 925-257-2508 spatterson@park-eng.com and Cell: (510) 701-0319. Fax: 925-401-7030 Sincerely, Emeryville Office 3960 Adeline Street, #3 Emeryville, CA 94608 Tel: 925-257-2508 Steve Patterson, P.E. Fax: 925-401-7030 Vice President 3. PROFESSIONAL EXPERIENCE SUMMARY OF EXPERIENCE and CAPABILITIES Company Profile Park Engineering, Inc. was founded in 2013 with the vision of providing high quality construction management, construction inspection, program/project management, project controls, and contract administration services to public agencies on transportation and infrastructure projects. The firm's guiding principle is to add value to public agencies by furnishing high level technical resources and expertise. Our approach combines highly developed engineering and management capabilities with proven problem solving and relationship building skills. Park Engineering specializes in providing construction management, construction inspection, program/project management and contract administration services on projects with federal, state, bond, grant and other specialty funding requiring coordination with and audits by, Caltrans, FHWA and other oversight agencies. Certifications State of California CUCP DBE (No. 41711) State of California DGS SBE (No. 1757722) State of California PUC MBE (No. 17000825) Services • Construction management • Construction Inspection • Project management / program management • Resident engineering • SWPPP implementation and inspection • Scheduling and schedule control • Cost estimating and cost control • Utility coordination • Claims analysis, negotiation and resolution support • Value engineering • Permit compliance • Constructability and bid -ability review • Bid advertisement and award process • Staff augmentation • Federal and state audit support • Federal fund reimbursement and project closeout Resident Engineers 18 Construction Inspectors None Our key personnel have experience delivering projects of this nature for transportation and local agencies that include new roadway and existing street improvements for public agency and private development projects. In addition, we have extensive experience with administering construction projects that receive funding from multiple sources, including FHWA funds. We have the skills necessary to ensure thorough reporting and strict adherence to federal guidelines. Page 1 San Rafael Sanitation District ;rl Inspection Services for Y {. Grand Ave Cycletrack IPA DANTE MORABE, CONSTRUCTION MANAGER / SENIOR CONSTRUCTION INSPECTOR Years of Experience 23 RESUME Key Qualifications Dante Morabe has spent over 23 years in the construction industry working as a construction project manager/supervising construction inspector/inspector/materials and testing technician for Contra Costa County Public Works Department. He is proficient in the execution of construction contracts, as well as construction inspection at the county, state and federal levels. His experience includes oversight for projects that include concrete bridges, storm drain pipeline, storm water treatment, roadway construction, AC installation, pile driving, new and existing county intersections and streetscape construction/rehabilitation, parks, and ADA curb ramps. Dante can work both in a team setting in many roles as a supervisor, manager, and inspector. He can work on many different types of projects and works diligently to complete projects successfully, on time and within budget. He can work independently with the contractor and as a member of a team to get the project to a successful completion. In addition, Dante has supervised the construction division inspectors and on -call inspectors for the past 17 years. During this time he has not only provided construction management for various capital projects but has also overseen construction of developer funded civil ordinance projects, encroachment utility permit inspections, flood control inspections, training inspectors and coordinating with utility companies on various projects. Project Experience Lucas Valley Road Slope Improvement Project, County of Marin, Public Works Dante was the Construction inspector on this federally funded $600k project that involves constructing an approximately 116 feet in length tangent pile wall along Lucas Valley Road Mile Post 3.92 in San Rafael. A portion of the existing culvert will be removed and replaced. Existing trees will be cut or trimmed, and one lane of the roadway will be reconstructed. Minor vegetation restoration will also be included. Construction will take place in the daytime hours with traffic control measures. 2019 Camino Tassajara Bike Lane Closure, Contra Costa County - $2.6M As the construction project manager, Dante over saw the construction of roadway widening, drainage improvements, roadside grading, slurry seal, slope grading, cattle fence installation, roadway signing and striping. Dante was also instrumental in getting unforeseen issues taken care through CCO's, for example unearthing an old concrete road during road widening, roadside ditch grading work within burrowing squirrels habitat, and correct driveway grading issues onsite. He also ensured traffic control was more than adequate due to the high bike usage of this roadway. 2016-17, 2019, 2021 Curb Ramp Projects, Contra Costa County, CA Dante was the Construction Project Manager on these projects for Contra Costa County Public Works that ranged from $225K-1.2M. He oversaw the management of these projects and a staff of construction inspectors. His duties included management of the contract according to the Standard Specifications of the project; design plan review, submittal review, hold pre -construction meeting, tracking of quantities, progress payments and change order review. These projects included new concrete curb & gutter, ADA compliant curb ramps, valley gutters, and replacement of old signs to new MUTCD compliant signs. Dante worked closely with businesses and residents to ensure they had access to their driveways and walkway entrances. Highlight project is the Main Street Byron Project, which included replacement of curb & gutter, sidewalk, tree well construction and ADA curb ramps and working closely with businesses to ensure customers had access. During construction, an old underground gas -holding tank was discovered; Dante worked closely with environment health department to gather the correct permits and ensure disposal paperwork was completed. San Rafael Sanitation District Inspection Services for Grand Ave Cycletrock RESUME 2010-2021 Annual Surface Treatment Projects, Contra Costa County, CA Dante was the Construction Project Manager on these projects throughout Contra Costa County that ranged from $250K-7M. He oversaw the management of these projects and a staff of construction inspectors as well as on -call materials and testing technicians. His duties included management of the contract according to the Standard Specifications; design plan review, submittal review, tracking of quantities, progress payments and change order review. These projects ranged from Asphalt Rubber Cape Seals, Terminal Blend Cape Seals, Slurry Seals, Micro Surface, seals with fiber, installation of asphalt inlays and overlays, base failure repairs, and edge grinding. These projects also included installation and raising of monuments/valves, replacing thermos plastic striping, and installation of green bike lanes. Dante keep the public informed of upcoming work by sending out notifications to the residents, working with the county's public relations staff to post on local websites, and board of supervisors representatives. Highlight project is 2021 Surface Treatment Project $7.OM, which consisted of an Asphalt Rubber Cape Seal, base failures, edge grinding, asphalt cul-de-sac inlays, monument raising and installation, re -installing thermos plastic striping and installing new green thermoplastic bike lanes. This project was the largest surface treatment (cape seal) project in the county's history. Project completed under budget by $565K. 2020-2021 Rodeo Projects, Contra Costa County, CA As the construction project manager Dante ensured these projects totaling $500K were built per plan and worked closely with the design engineer(s) when changes needed to be made. He also coordinated with the utility companies to relocate some of their facilities. Projects consisted of installing pedestrian refuge area, bulb outs, curb & gutter, sidewalk, ADA compliant curb ramps, solar and hardwired rectangular rapid flashing beacon system (RRFBs) with passive detection system, trenching, installation of conduits, electrical cable, pull boxes, electrical service pedestals, large storm water treatment basin, landscaping, Midwest Guardrail, ADA compliant path and soldier pile walls, and sign installation. 2020-2021 Trail Crosswalk Projects, Bay Point and Walnut Creek, CA Project locations were inDante was the project manager and worked closely with other agencies (EBMUD and EBRPD) to ensure these projects ($190-200K) were completed and with little disturbance to the trail users and a nearby elementary school. Projects consisted of pavement widening, construction of bulb outs, asphalt path, HMA dike, curb ramps, driveway conforms, and installation of pedestrian activated flashing beacons. 2021 Alhambra Valley Road Realignment Project, Contra Costa County, CA Dante was the Construction Project Manager on this $430K project located in Briones area. He oversaw the management of this project and supervised the onsite inspector. This project consisted of realigning Alhambra Valley Road away from Pinole Creek's embankment, including roadway excavation and reconstruction, asphalt pavement, establishing a roadside ditch, slope grading, TWEF construction fencing, fence relocation, roadway signage and striping. Dante worked closely with biologist to ensure site was safe and monitored during construction. 2019-2020 Safety Improvement Projects, Contra Costa County, CA One federally funded project located on Marsh Creek Rd in Clayton consisted of centerline rumble strip placement and upgrade of existing regulatory and warning signs to diamond grade reflectivity, install wood pole and streetlight installation and two solar flashing beacons. Second project was locally funded and located on San Pablo Dam Rd, El Sobrante and consisted of centerline rumble strip with channelizers, reconstructing two median islands, replacing roadside signs to meet new retro-reflectivity standards, installation of speed feedback signs, slurry seal, thermoplastic striping and green bike lanes. $880K-1.30M. Page 3 San Rafael Sanitation District +'•i Inspection Services for -� -- -i Grand Ave Cycletrack PARK RESUME PABLO GALINDO, SENIOR CONSTRUCTION INSPECTOR Years of Experience 30 Certifications and Training 40-Hour HazMat Certified Key Qualifications Pablo has over 30 years of experience in the construction industry for highway, roadway, and underground utility improvement projects. He has extensive knowledge of Caltrans standards and has been a general construction foreman for various construction contractors for the past 15 years. He has experience with earth work and pavement renovation including grading, backfill and compactions, curb, gutter and sidewalk, HMA paving, and underground, electrical & signal improvements. He has excellent communication skills and knowledgeable in the organization methods to construct complicated projects. Representative Project Experience City of Berkeley, Bolivar Drive Improvements Pablo is currently working as a construction inspector on a Bolivar Drive improvements, a developer funded roadway improvement project for the City of Berkeley. The project is part of a major development by LB2 and Lane Partners, formally known as Berkeley Commons for life science and biotech research and development facilities. As part of the project, the developer is required to improve Bolivar Drive and the Berkeley Aquatic Park area. The project reconstructs Bolivar Drive from Addison Street to the Dreamland playground, installs a pedestrian/bike path, and provides communal grounds. The path along Bolivar Drive, will be planted with thousands of mostly native plants. The project work will also include undergrounding overhead utilities and drainage improvements. Pablo is providing inspection for contract compliance, performing field measurements of completed work, documenting work with daily reports and photographs and assisting the construction management team with any other needs. City of Concord, Monument Blvd. Class 1 Path Project Pablo was the construction contractor's general foreman on this $4M federally funded project that constructed a new Class 1 pervious concrete path along Monument Blvd. between Walters & Cowell with signal improvements at both intersections. Other project work includes storm drain improvements, concrete replacement work, roadway repairs & resurfacing, and planting & irrigation improvements. City of San Jose, Highway 101 & Tully Road On -ramp, Culvert Replacement Pablo was the construction contractor's general foreman for this project that replaced failed culverts, including the excavation & concrete backfill, along with replacing irrigation systems, performing contour grading and installing erosion control. Various Curb Ramp Improvement Project, City of San Jose Pablo was the construction contractor's superintendent for multiple City projects to remove & replace existing curb ramps to meet current ADA requirements, replacement of adjacent sidewalks and roadways related to the curb ramp improvements, and installation of various drainage system improvements. Daily traffic control and positive communication with the public and businesses were a daily requirement. San Rafael Sanitation District F-M Inspection Services for Grand Ave Cycletrack • Multiple Freeway Slab Replacement Projects, Caltrans Pablo was the construction contractor's superintendent for multiple Caltrans projects to remove & replace existing failing roadway sections of various Bay Area freeways. Project work included demolition and removal of the existing roadway, replacement with new accelerated high strength concrete, and nightly lane closures to complete improvements in short work windows to meet public traffic demands. page 5 San Rafael Sanitation District Inspection Services for Grand Ave Cycletrack City of San Rafael Grand Avenue Cycletrack Project, between 2nd & 4th Streets Cost Proposal for Inspection Services City Project No. 11393 / City File No. 16.01.302 Rates Hours Total Total Name / Classification Regular Loaded Rate Overtime Rate Construction Close-out Regular Hours Overtime Hours cost Dante Morabe / Pablo Galindo Construction Inspector $ 148.52 $ 222.79 360 20 380 20 $ 60,895.18 Total = : $ 60,895.18 1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties. 2. Based on part-time inspection for 90 Working Days per Contract Documents - only one inspector. EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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 CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" 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 CONSULTANT'S policies shall be at least as broad as Rev 08.22 B-1 ISO form CG20 0104 13. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 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. Furthermore, 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. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY 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 CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER 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 CONSULTANT. 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 the CITY. 08 22 B-3 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Nataly Torres (for Joanna Kwok) Extension: 3353 Contractor Name: Park Engineering, Inc. Contractor's Contact: Steve Patterson Contact's Email: spatterson@park-eng.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click Isere to ❑ enter a date. b. Email contract (in Word) and attachments to City 11/28/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X NT 2 City Attorney a. Review, revise, and comment on draft agreement 11/28/2023 and return to Project Manager 11/28/2023 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 0 NT 3 Department Director Approval of final agreement form to send to 11/28/2023 ® AM contractor Forward three (3) originals of final agreement to 11/28/2023 4 Project Manager Project Manager contractor for their signature 5 When necessary, contractor -signed agreement © N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to PRINT Date of City Council approval enter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 11 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official City Clerk Attest signatures, retains original agreement and 10 forwards copies to Project Manager r PSA - Park Engineering - Grand Ave Cycle Track Inspection Final Audit Report 2024-01-30 Created: 2023-11-29 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAQrrzDaEbdlPjHbmoWyJMVc7nPLmQn3 "PSA - Park Engineering - Grand Ave Cycle Track Inspection" Hi story Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-11-29 - 0:49:14 AM GMT C'. Document emailed to Steve Patterson (spatterson@park-eng.com) for signature 2023-11-29 - 0:53:32 AM GMT Email viewed by Steve Patterson (spatterson@park-eng.com) 2023-11-29 - 1:42:25 AM GMT 6� Document e-signed by Steve Patterson (spatterson@park-eng.com) Signature Date: 2023-11-29 - 1:42:56 AM GMT - Time Source: server P- 4 Document emailed to Jaemin Park Opark@park-eng.com) for signature 2023-11-29 - 1:42:59 AM GMT Email viewed by Jaemin Park Opark@park-eng.com) 2023-11-29 - 2:02:31 AM GMT 6© Document e-signed by Jaemin Park Opark@park-eng.com) Signature Date: 2023-11-29 - 2:03:32 AM GMT - Time Source: server C'y Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2023-11-29 - 2:03:34 AM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-12-06 - 0:56:52 AM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-12-15 - 6:28:03 PM GMT SAN PAFAEL Ad b by Acrobat Sign 6© Document approved by Laraine Gittens(laraine.gittens@cityofsanrafael.org) Approval Date: 2023-12-15 - 6:29:58 PM GMT - Time Source: server Ely Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-12-15 - 6:30:01 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-12-15 - 10:29:52 PM GMT 6© Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-12-15 - 10:30:32 PM GMT - Time Source: server Document emailed to city.clerk@cityofsanrafael.org for approval 2023-12-15-10:30:34 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-12-18 - 3:38:13 PM GMT GS0 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-12-18 - 3:38:27 PM GMT &0 Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2023-12-18 - 3:38:29 PM GMT - Time Source: server C1 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2023-12-18 - 3:38:31 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2023-12-18 - 8:37:44 PM GMT E-4' New document URL requested by cristine.alilovich@cityofsanrafael.org 2024-01-30 - 8:31:47 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-01-30 - 8:32:06 PM GMT CS© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-01-30 - 8:32:30 PM GMT 6o Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-01-30 - 8:32:32 PM GMT - Time Source: server C'y Document emailed to city.clerk@cityofsanrafael.org for signature 2024-01-30 - 8:32:34 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-01-30 - 9:28:20 PM GMT SAN RAFAEL Adobe Acrobat Sign 69 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-01-30 - 9:28:37 PM GMT bo Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-01-30 - 9:28:39 PM GMT - Time Source: server ® Agreement completed. 2024-01-30 - 9:28:39 PM GMT g(R, SAN RAFAEL Powered dobe� "'' I Acrobat Sign