HomeMy WebLinkAboutCED Plan Check and Inspection Services for Upper Toyon Major Permit Application
v. Feb 2025 Page 1
CITY OF SAN RAFAEL
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Contract”) is entered into by and between
the City of San Rafael (“City”) and __________________________________________
(“Contractor”), a __________________________________________________ for
__________________________________________________________, and is
effective on _____________________ (“Effective Date”). City and Contractor may be
referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this
Contract.”
RECITALS
A. City desires to secure professional services more fully described in this
Contract, at Exhibit A, entitled “SCOPE OF WORK”; and
B. Contractor 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. Contractor acknowledges that the execution of this Contract by the City is
predicated upon the representations made in Contractor’s proposal dated
_________________ submitted to the City; and
D. 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:
CONTRACT
1. WORK TO BE PERFORMED.
Except as otherwise may be expressly specified in this Contract, Contractor 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 WORK.”.
California
4LEAF, INC.
Plan Check and Inspection Services for Upper Toyon Major Permit Application
February 27, 2025
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
Corporation
April 24, 2025
2025-0001
v. Feb 2025 Page 2
2. COMPENSATION.
In consideration for Contractor’s complete performance of the Scope of Work,
City will pay Contractor in accordance with the rates and/or prices set forth in Exhibit
A, up to the not-to-exceed amount of $_____________.
Contractor shall not increase its rates throughout the Term of this Contract, except
that upon 60 day written notice, Contractor may adjust its rates no more than once
annually at a maximum amount equal to the percentage change through December in the
prior calendar year to the consumer price index (“CPI”) for California, All Urban
Consumers, San Francisco-Oakland-San Jose areas, not to exceed five percent (5%).
Contractor will bill City on a monthly basis for work performed by Contractor
during the preceding month, subject to verification by City. City will pay Contractor within
thirty (30) days of City’s receipt of invoice.
3. TERM OF CONTRACT.
This Contract becomes effective upon the date listed as "Effective Date" and shall
remain in effect until the completion of all obligations of both Parties hereto, or
___________________________ from the Effective Date, whichever comes first, unless
terminated or amended as provided herein.
4. RELIANCE ON PROFESSIONAL SKILL OF CONTRACTOR.
Contractor represents that it has the necessary professional skills to perform the
work required and the City shall rely on such skills of the Contractor to do and perform
the work. In performing the work hereunder Contractor shall adhere to the standards
generally prevailing for the performance of expert consulting services similar to those to
be performed by Contractor hereunder.
Contractor represents that it has reviewed Exhibit A and that in its professional
judgment the work to be performed under this Contract can be performed for a fee within
the maximum amount set forth herein and within the times specified.
Contractor represents that it possesses all necessary training, licenses and
permits to perform the Scope of Work and that its performance of the Scope of Work will
conform to the standards of practice of a professional having experience and expertise in
performing professional services of like nature and complexity of the Scope of Work
working on similar, successfully completed projects.
The granting of any progress payment by City, or the receipt thereof by
Contractor, or any inspection, review, approval or oral statement by any representative
of City or any other governmental entity, shall in no way waive or limit the obligations in
this Paragraph 4 or lessen the liability of Contractor for unsatisfactory work, including but
not limited to cases where the defective or below standard work may not have been
one (1) year
4,580
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apparent or detected at the time of such payment, inspection, review or approval.
5. PROJECT COORDINATION.
A. City’s Project Manager. ________________________________ is hereby
designated the Project Manager for the City and said Project Manager shall supervise all
aspects of the progress and execution of this Contract.
B. Contractor’s Project Director. Contractor shall assign a single Project
Director to have overall responsibility for the progress and execution of this Contract for
Contractor. ___________________________________ is hereby designated as the
Project Director for Contractor. Should circumstances or conditions subsequent to the
execution of this Contract require a substitute Project Director, for any reason, the
Contractor shall notify the City within ten (10) business days of the substitution.
6. TERMINATION.
A. The term of this Contract shall commence upon the date hereinabove written
and shall expire upon completion of performance of work hereunder by Contractor.
B. Notwithstanding the provisions of (A) above, City may with or without cause,
direct Contractor to suspend, delay or interrupt the work, in whole or in part, for such periods
of time as City may determine in its sole discretion.
C. City may terminate this Contract in whole, or from time to time in part, for
default, should Contractor commit a material breach of this Contract, or part thereof, and
not cure such breach within ten (10) calendar days of the date of City’s written notice to
Contractor demanding such cure, in which case Contractor shall be liable to City for all
loss, cost, expense, damage and liability resulting from such breach and termination.
D. City may terminate this Contract in whole, or from time to time in part, for
convenience, whenever City determines that such termination is in City’s best interests, in
which case Contractor shall be entitled to recover its costs expended up to the termination
date plus reasonable profit thereon to the termination date as this Contract would otherwise
provide, but may recover no other cost, damage or expense. Contractor shall continue its
work throughout the course of any dispute, and Contractor’s failure to continue work during
a dispute shall be a material breach of this Contract.
E. Lack of Appropriation: If this Contract is a multi-year contract, subject to
appropriation each fiscal year, the City may terminate this Contract immediately for lack of
appropriation of funds.
F. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Contract without the prior written
consent of the other.
Sarah Teplitsky
Craig Tole
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G. Return of Documents. Upon termination, any and all City documents or
materials provided to Contractor and any and all of Contractor's documents and materials
prepared for or relating to the performance of its duties under this Contract, shall be
delivered to City as soon as possible, but not later than thirty (30) days after termination.
7. INSURANCE REQUIREMENTS.
During the term of this Contract, and for any time period set forth in Exhibit B,
Contractor 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 work
under this Contract with coverage amounts, required endorsements, certificates of
insurance, and coverage verifications as defined in Exhibit B.
8. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section, Contractor
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 Contractor’s performance of its obligations or conduct of its operations under this
Contract. The Contractor's obligations apply regardless of whether or not a liability is
caused or contributed to by the active or passive negligence of the City Indemnitees.
However, to the extent that liability is caused by the active negligence or willful misconduct
of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in
proportion to the City Indemnitees’ share of liability for the active negligence or willful
misconduct. In addition, the acceptance or approval of the Contractor’s work or work
product by the City or any of its directors, officers or employees shall not relieve or reduce
the Contractor’s indemnification obligations. In the event the City Indemnitees are
made a party to any action, lawsuit, or other adversarial proceeding arising from
Contractor’s performance of or operations under this Contract, Contractor shall provide
a defense to the City Indemnitees or at City’s option reimburse the City Indemnitees
their costs of defense, including reasonable attorneys’ fees, incurred in defense of such
claims.
B. Where the work to be performed by Contractor under this Contract 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, Contractor 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,
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recklessness, or willful misconduct of Contractor, or any sub Contractors, 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 Contract are undertaken
in addition to, and shall not in any way be limited by, the insurance obligations contained
in this Contract and shall survive the termination or completion of this Contract for the full
period of time allowed by law.
9. PREVAILING WAGE.
If the work to be performed under this Contract is for services where prevailing
wages are required by State law, Contractor shall pay prevailing wages to its employees
on any contract in excess of $1,000.00, Copies of the general prevailing rates of per diem
wages for each craft, classification, or type of worker needed to execute the Contract, as
determined by Director of the State of California Department of Industrial Relations, are
on file at the City’s Public Works Department upon request and may be obtained from the
California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply
with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all
employees, pursuant to the California Labor Code. Contractor and all subcontractors
shall keep and maintain accurate employee payroll records for Work performed under the
Contract. The payroll records shall be certified and submitted as required by law, including
Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor
Commissioner no less frequently than monthly. Contractor shall comply fully with Labor
Code Section 1777.5 in the hiring of apprentices for work relating to the Contract.
10. NOTICES.
All notices and other communications required or permitted to be given under this
Contract, including any notice of change of address, shall be in writing and given by email,
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 email, 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:
[As identified in item 5.A]
___________________________
San Rafael, CA 94901
Email: ______________________
To Contractor’s Project Director:
[As identified in item 5.B]
___________________________
___________________________
Email: ______________________
ctole@4leafinc.com
Pleasanton, CA 94588
111 Morphew Street
saraht@cityofsanrafael.org
2126 Rheem Drive
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11. LIABILITY OF CITY.
Except as provided in Exhibit A, Scope of Work to be Provided by Contractor and
Exhibit B, Insurance, City's obligations under this Contract shall be limited to the payment
of the compensation provided for in Paragraphs 1 and 2 of this Contract,
Notwithstanding any other provision of this Contract, in no event shall City be liable,
regardless of whether any claim is based on contract, tort or otherwise, for any special,
consequential, indirect or incidental damages, lost profits or revenue, arising out of or in
connection with this Contract, the Scope of Work, or the Project.
City shall not be responsible for any damage to persons or property as a result of the
use, misuse or failure of any equipment used by Contractor, or by any of its employees,
even though such equipment be furnished, rented or loaned to Contractor by City. The
acceptance or use of such equipment by Contractor or any of its employees shall be
construed to mean that Contractor accepts full responsibility for and shall exonerate,
indemnify, defend and save harmless City from and against any and all claims for any
damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure
of such equipment, whether such damage be to the Contractor, its employees, City
employees or third parties, or to property belonging to any of the above.
Nothing in this Contract shall constitute a waiver or limitation of any right or remedy,
whether in equity or at law, which City or Contractor may have under this Contract or any
applicable law. All rights and remedies of City or Contractor, whether under this Contract
or other applicable law, shall be cumulative.
12. MEDIATION.
Unless waived by the City, should any dispute arise out of this Contract, the parties
shall meet in mediation and attempt to reach a resolution with the assistance of a mutually
acceptable mediator. Unless the City waives this requirement, Contractor shall not be
permitted to file legal action without first meeting in mediation and making a good faith
attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid
equally by the parties. If a mediated settlement is reached neither party shall be deemed
the prevailing party for purposes of the settlement and each party shall bear its own legal
costs.
13. GENERAL TERMS AND CONDITIONS.
This Contract includes, and the Contractor agrees to comply with the City’s
General Terms and Conditions, which are set forth in Exhibit C, attached hereto and
incorporated by reference.
[Signatures are on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Contract as of the day,
month and year first above written.
CITY OF SAN RAFAEL:
_________________________________
________________________________,
_________________________________
Executed on:_______________________
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
________________________________,
_________________________________
ATTEST:
City Clerk
_________________________________
________________________________,
_________________________________
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If Contractor is a corporation, second
corporate officer signature required]
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
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President
Kevin J. Duggan
2126 Rheem Drive, Pleasanton CA 94588
Vice President
4LEAF, Inc.
Gene Barry
Chief Assistant City Attorney
Andrea Visveshwara
April Miller
April 24, 2025
Public Works Director
Lindsay Lara
City Clerk
EXHIBIT A
SCOPE OF WORK
This is an Exhibit attached to, and made a part of the Contract by and between
Contractor and the City providing for the referenced services. The Scope of Work
includes:
1. Description of the Work:
1.1 Description: Civil plan check services and inspections for structural and
geotechnical aspects of retaining wall design submitted for the 237/302 Upper
Toyon Major Continuing Encroachment Permit application.
2. Specific Tasks:
As part of the Scope of Work, the Contractor shall perform the following tasks:
2.1 Task 1 – Plan Review – Civil. This task includes an initial review and all
subsequent reviews necessary for approval of the retaining wall design. Review
includes all structural and geotechnical aspects of the retaining wall design.
Excludes substantial design changes.
2.2 Task 2 – Inspector - Public Works. This task includes all standard
retaining wall inspections during construction.
DELIVERABLES
Contractor’s deliverables under the Contract are enunciated throughout the Contract and
include but are not limited to the following:
1. Project Deliverables:
1. Memo with review comments from initial plan review
2. Memo with review comments from each subsequent plan review until
design is approved.
3. Inspection report for each visit performed during construction.
METHOD OF PAYMENT
Subject to the terms and conditions of this Contract, Contractor shall be paid on a basis
set forth herein by the checked boxes below:
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☐ A fixed fee for the work performed
☒ An hourly rate for the work performed based on the following hourly rate s:
Civil Plan Review: $170/hour
Public Works Inspector: $155/hour
SCHEDULE
First review: 10 business days or less after plans are received.
Subsequent reviews: 5 business days or less after plans are received.
Inspections: as scheduled during construction.
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v. Feb 2025 Exhibit B-1
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Contract, and for any time period set forth below,
Contractor 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 Contract 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 Contract, Contractor 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 Contract, a professional liability insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million
dollars ($2,000,000) aggregate, to cover any claims arising out of the Contractor's
performance of services under this Contract. Where Contractor is a professional not
required to have a professional license, City reserves the right to require Contractor to
provide professional liability insurance pursuant to this section.
4. Workers’ compensation. If it employs any person, Contractor 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. Contractor’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
Contractor 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 Contractor’s insurance
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v. Feb 2025 Exhibit B-2
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 Contractor’s policies shall
be at least as broad as ISO form CG20 01 04 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 Contract, Contractor hereby grants to City a
waiver of any right to subrogation which any insurer of Contractor may acquire against
City by virtue of the payment of any loss under such insurance. Contractor 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 Contract, 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 Contract.
7. The limits of insurance required in this Contract 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 Contract 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 Contract; 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
Contract are sufficient to cover the obligations of the Contractor under this Contract.
9. Contractor 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 Contractor, provide the same minimum insurance coverage required of
Contractor, except as with respect to limits. Contractor 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 Contract. CONSUTLANT agrees that upon
request by City, all agreements with, and insurance compliance documents provided by,
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v. Feb 2025 Exhibit B-3
such subcontractors and others engaged in the performance of Services will be submitted
to City for review.
10. Contractor 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 Contractor for the cost of additional insurance coverage required by this Contract. 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
Contractor'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 Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claims administration, attorney’s fees and defense expenses.
D. Proof of Insurance. Contractor shall provide to the Project Manager all of
the following: (1) Certificates of Insurance evidencing the insurance coverage required in
this Contract; (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 Contract. City reserves the right to obtain a full certified copy of any insurance policy
and endorsements from Contractor. Failure to exercise this right shall not constitute a
waiver of the right to exercise it later. The insurance shall be approved as to form and
sufficiency by the City.
Failure to comply with these requirements shall be considered a material breach of
contract.
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v. Feb 2025 Exhibit C-1
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. COMPLIANCE WITH ALL LAWS.
Contractor 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 Contract. Contractor shall perform all services under this Contract in accordance with
these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify
and hold harmless City, its officers, agents and employees from any and all damages,
liabilities, penalties, fines and all other consequences from any noncompliance or violation
of any laws, ordinances, codes or regulations.
2. PROVISIONS DEEMED INSERTED.
Every provision of law required to be inserted in the Contract is deemed to be
inserted, and the Contract will be construed and enforced as though such provision has
been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended
accordingly.
3. SEVERABILITY.
If any provision of the Contract documents, or portion of a provision, is determined
to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents
will remain in full force and effect.
4. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the Contractor in connection with
the performance of its duties under this Contract, shall be the sole property of City. City
may use said property for any purpose, including projects not contemplated by this Contract.
5. INSPECTION AND AUDIT.
Upon reasonable notice, Contractor shall make available to City, or its agent, for
inspection and audit, all documents and materials maintained by Contractor in connection
with its performance of its duties under this Contract. Contractor shall fully cooperate with
City or its agent in any such audit or inspection. Contractor shall maintain all Project-
related records for a period of three (3) years from completion of the Services.
6. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Contract
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 Contract or any rights, duties
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v. Feb 2025 Exhibit C-2
or obligations arising hereunder shall be void and of no effect.
7. WORKERS' COMPENSATION.
Contractor certifies that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of that Code,
and Contractor certifies that it will comply with such provisions before commencing the
performance of the work of this contract.
8. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of
sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental
disability, physical disability, medical condition, genetic information, marital status, or
sexual orientation in connection with or related to the performance of its duties and
obligations under this Contract.
9. NO THIRD PARTY BENEFICIARIES.
City and Contractor do not intend, by any provision of this Contract, to create in any
third party, any benefit or right owed by one party, under the terms and conditions of this
Contract, to the other party.
10. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Contract, Contractor, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as
employees of the City. Contractor and City expressly intend and agree that the status of
Contractor, its officers, agents and employees be that of an Independent Contractor and
not that of an employee of City.
11. ENTIRE CONTRACT -- AMENDMENTS.
A. The terms and conditions of this Contract, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Contract of the parties
with respect to the subject matter of this Contract.
B. This written Contract shall supersede any and all prior contracts, oral or
written, regarding the subject matter between the Contractor and the City.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Contract, shall be valid or binding, except by way of a written
amendment to this Contract.
D. The terms and conditions of this Contract shall not be altered or modified
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v. Feb 2025 Exhibit C-3
except by a written amendment to this Contract signed by the Contractor and the City.
E. If any conflicts arise between the terms and conditions of this Contract, and
the terms and conditions of the attached exhibits or the documents expressly incorporated
by reference, the terms and conditions of this Contract shall control.
12. SET-OFF AGAINST DEBTS.
Contractor agrees that City may deduct from any payment due to Contractor under
this Contract, any monies which Contractor owes City under any ordinance, agreement,
contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
13. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or
condition of this Contract, 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 Contract, 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 Contract or any applicable law, ordinance or regulation.
14. CITY BUSINESS LICENSE / OTHER TAXES.
Contractor shall obtain and maintain during the duration of this Contract, a City
business license as required by the San Rafael Municipal Code, and Contractor shall pay
any and all state and federal taxes and any other applicable taxes. City shall not be required
to pay for any work performed under this Contract, until Contractor has provided City with
a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification
Number and Certification).
15. SURVIVAL OF TERMS.
Any terms of this Contract that by their nature extend beyond the term (or termination)
of this Contract shall remain in effect until fulfilled and shall apply to both Parties’ respective
successors and assigns.
16. GOVERNING LAW.
This Contract shall be deemed to have been executed in the County of Marin,
California. The formation, interpretation and performance of this Contract shall be
governed by the laws of the State of California, excluding its conflict of laws rules. Any
suit or action initiated by either party shall be brought in the County of Marin, California
unless the parties agree otherwise in a written amendment to this Contract.
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
v.Feb 2025 Exhibit C-4
17.CONFLICT OF INTEREST.
Contractor, its employees, subcontractors and agents, may not have, maintain or
acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090
et seq. and under the Political Reform Act as set forth in Government Code section 81000
et seq. and its accompanying regulations. Any violation of this Section constitutes a material
breach of the Contract.
18.AUTHORIZATION.
Each individual signing above warrants that they are authorized to do so by the party
that they represent, and that this Contract is legally binding on that party. If Contractor is a
corporation, signatures from two officers of the corporation are required pursuant to
California Corporation Code section 313.
19.COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Contract 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.
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown
below.
All following documents are attached as reference material.
RESPONSIBLE PARTY DESCRIPTION COMPLETED
City Attorney’s Office Review, revise as needed, and approve agreement as to
form
Department Director Review and approve agreement
Risk Management
Email PINS insurance request to Contractor
Confirm insurance documentation is complete
Finance Review and sign off on funding availability
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department:
Project Manager:
Contractor Name:
Contractor’s Contact: Contact’s Email: Craig Tole
Shannon Mackle (for Sarah Teplitsky)
4LEAF, Inc
Public Works
ctole@4leafinc.com
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
Task Order: Civil Plan Review & Public Works Inspection Services
02/27/25
TBD
Craig Tole
Civil Plan Review & Public Works Inspection
City of San Rafael, CA
TASK ORDER #1
ESTIMATED UNIT ESTIMATED
CITY OF SAN RAFAEL - PUBLIC WORKS REVIEW & INSPECTION HOURS PRICE TOTAL
2/27/2025 16 $170 $2,720
2/27/2025 12 $155 $1,860
Preliminary Sub-Total of Services provided by 4LEAF $4,580
Preliminary Estimated Fees $4,580
Reimbursables N/A $0
Total Preliminary Estimated Fees $4,580
The scope includes civil plan check services for a structural and geotechnical aspects of a retaining wall design. This includes an initial review and all subsequent reviews
necessary for approval (excludes substantial design changes). 4LEAF will also provide subsequent inspections as requested. 4LEAF will provide qualified plans examiners and inspectors.
4LEAF will complete the plan review in 10 business days or lesss for the first review and 5 business days or less for subsequent reviews. The scope of services is outlined in an email
forwarded by the City on 2/27/25. 4LEAF will bill on a time and materials basis basis only per the Terms and Conditions of this agreement.
*No plans provided for the estimate. If additional hours are needed, 4LEAF will submit a change order request.
DATE
Inspector - Public Works
Plan Review - Civil
DATE:
4LEAF JOB NO.:
4LEAF PRINCIPAL:
PROJECT(S):
LOCATION:
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
City of San Rafael Page 1
Fee Schedule September 20, 2024
FEE SCHEDULE
FY2024-2025 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF SAN RAFAEL
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 65%
Public Improvement Review Percentage: 50%
Hourly Plan Review: $140 Non-Structural Review
$160 Structural Review
MWELO Landscape Plan Review Package (initial review
and coordination, 1 recheck, and certificate of
completion parts 1-6): $980
Fee includes:
Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
Shipping, courier, and electronic service.
Building & Fire
Permit Manager .................................................................................................................................. $120/hour
Senior Permit Technician .................................................................................................................... $100/hour
Permit Technician ............................................................................................................................... $90/hour
Clerk/Administrator ............................................................................................................................ $80/hour
Chief Building Official ......................................................................................................................... $170/hour
Senior Combination Building Inspector (Building Inspector III) ......................................................... $135/hour
Commercial Building Inspector (Building Inspector II) ...................................................................... $115/hour
Residential Building Inspector (Building Inspector I) .......................................................................... $98/hour
Civil Plan Review (Grading, Improvement Plans) ............................................................................... $170/hour
Structural Plan Review Engineer ........................................................................................................ $160/hour
Non-Structural Plans Examiner .......................................................................................................... $140/hour
Fire Prevention Officer ...................................................................................................................... $155/hour
Fire Protection Engineer (FPE) ............................................................................................................ $205/hour
Fire Plans Examiner ............................................................................................................................ $145/hour
Fire Inspector II ................................................................................................................................... $125/hour
Fire Inspector I .................................................................................................................................... $115/hour
Inspector of Record ............................................................................................................................ $160/hour
Public Works Inspector ....................................................................................................................... $155/hour
DSA Class 1 / OSHPD A Inspector ....................................................................................................... $155/hour
DSA Class 2 / OSHPD B Inspector ....................................................................................................... $115/hour
DSA Class 3 / OSHPD C Inspector........................................................................................................ $105/hour
Certified Access Specialist (CASp) ....................................................................................................... $170/hour
GoFormz Software .................................................................................................................. $50/user monthly
Hourly overtime charge per inspector ..................................................................................... 1.5 x hourly rate
Mileage (for inspections performed within the City) .................................................................. IRS Rate + 20%
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
City of San Rafael Page 2
Fee Schedule September 20, 2024
Code Enforcement
Project Manager ............................................................................................................................... $180/hour
Director of Code Enforcement ......................................................................................................... $170/hour
Senior Code Enforcement Officer ..................................................................................................... $125/hour
Code Enforcement Officer ................................................................................................................ $105/hour
Administrative Support .................................................................................................................... $80/hour
Planning
Principal-in-Charge ........................................................................................................................... $275/hour
Housing Policy Director .................................................................................................................... $220/hour
Planning Director .............................................................................................................................. $200/hour
Principal/Planning Manager ............................................................................................................. $170/hour
Senior Planner .................................................................................................................................. $155/hour
Associate Planner ............................................................................................................................. $135/hour
Assistant Planner ............................................................................................................................. $110/hour
Senior Planning Technician ............................................................................................................... $100/hour
Planning Technician .......................................................................................................................... $90/hour
Project Management
Project Manager ................................................................................................................................. $185/hour
Principal-in-charge .............................................................................................................................. $275/hour
BASIS OF CHARGES – BUILDING, FIRE, & PLANNING
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables.
• All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated
otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This
is not inclusive of holidays or the day of the pick-up of plans.
• Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be
within seven (7) days of receipt of the plans from the City.
• Plan review of deferred submittals & revisions will be billed at the hourly rates listed.
• All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or two (2)
hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven
track record of working with municipalities to provide expedited reviews with discounted pricing when
applicable.
• 4LEAF assumes that these rates reflect the FY2022-2023 contract period. 3% escalation for FY2023-2024
and FY2024-2025 is negotiable per market conditions.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate
- Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
City of San Rafael Page 3
Fee Schedule September 20, 2024
- Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate
- Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate
- Overtime (over 8 hours Sun or Holidays) 3 x hourly rate
• Overtime will only be billed with prior authorization of the designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1)
additional hour per day at the regular time rate for each missed meal or rest break due to Client-
directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the
opportunity to take their entitled rest and meal breaks during each work shift.
• Mileage driven during the course of Inspections will be charged at cost plus 20%.
• Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
• Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.
• Client agrees that 4LEAF’s liability will be limited to the value of services provided.
BASIS OF CHARGES – PREVAILING WAGE
• Rates shown assume the projects will require compliance with California Prevailing Wage rate
requirements and assumes the Client will be filing a PWC-100 Form to the California Department of
Industrial Relations (DIR) for the projects.
• Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual
wage determinations from the California DIR.
• Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form
will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized
Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an
official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142
form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified
apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice
must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification
of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the
five Periods listed under the California DIR’s Wage determination for Building Construction Inspector
were used to determine the range of hourly rates for Public Works Inspector Apprentice.
• Pre-approved Overtime and Premium hours for labor categories subject to Prevailing Wage
requirements will be charged per the following:
- Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate
- Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate
- Overtime (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate
- Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate
• All invoicing will be submitted monthly.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1)
additional hour per day at the regular time rate for each missed meal or rest break due to Client-
directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the
opportunity to take their entitled rest and meal breaks during each work shift.
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
City of San Rafael Page 4
Fee Schedule September 20, 2024
• Subconsultant Invoices will be assessed a 10% Administrative Processing Fee.
• Project-related mileage for inspections will be billed at the allowable IRS Rate.
• Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
• Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.
• Client agrees that 4LEAF’s liability will be limited to the value of services provided.
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
Michael Loomis, SE, CBO, CASp, PMP
Director of Structural Engineering
1 of 3
Experience Summary
With more than 28 years of expertise in the industry, Michael has an
excellent working knowledge of all types of construction, including
architectural, structural, electrical, mechanical, and plumbing. Michael
is extremely committed and has shown dedication by obtaining multiple
certifications through the International Code Council (ICC), and is a
Certified Access Specialist, (CASp).
Michael has experience managing and overseeing the continual
operations of the Building Department and has served as the Building
Official for the cities of Salinas, Gonzales, and the Town of Woodside.
Michael is an adaptable leader that quickly identifies departmental
issues and solves them by utilizing his ample experience. He prides
himself on his ability to solve problems and react well under pressure,
while maintaining the effectiveness of his team.
Michael is a Registered Professional Structural Engineer in the states of
California and Nevada and is a Registered Professional Civil Engineer in
California, Texas, and Florida.
Select Professional Experience
4LEAF, Inc.
Director of Structural Engineering
2024 – Present
Michael is 4LEAF’s Director of Structural Engineering for 4LEAF. Michael
manages a large area of 4LEAF including the Silicon Valley and Monterey
Areas and is responsible for the management of 4LEAF’s nationwide
technical plan reviews. Michael also performs critical commercial
reviews on behalf of 4LEAF. In addition, Michael leads the firm in Plan
Review recruitment and training to help bolster 4LEAF’s team as well as
additional contributions to the Building and Safety industry. Michael is a
key contributor to our page-turn sessions for complex projects for
Cities, Counties, Universities, and other Large Government agencies
such as laboratories, when assigned.
Experience
28+ years
Education
MS, Structural Engineering, Santa Clara
University, 2022
BS, Civil Engineering, Santa Clara
University, 2022
Additional Coursework: Stanford University,
San Jose State University, De Anza
College, Foothill College, Skyline College,
Monterey Peninsula College, CalPoly
San Luis Obispo
Registrations
CA & NV Registered Structural Engineer
CA, TX & FL Registered Civil Engineer
NY Registered Professional Engineer
Certifications
ICC Certified Building Official
ICC California Building Plans Examiner
ICC CALGreen Plans Examiner
ICC Accessibility Inspector/Plans Examiner
ICC California Residential Building
Inspector
ICC California Commercial Building
Inspector
ICC Building Inspector
ICC Plumbing Inspector
ICC CA Residential Plumbing Inspector
ICC CA Commercial Plumbing Inspector
Certified Access Specialist, CASp
SAP Evaluator (CalOES)
Teaching and Accomplishments
“Accessibility in the Public Right-of-Way”
CASI Central, Volume #8, Summer 2019
Adjunct Lecturer (Earthquake Engineering,
Timber Design, Strength of Materials)
Santa Clara University, Department of Civil
Engineering 2008 - 2017
Instructor (various topics) CALBO & ICC
2010 - 2021
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Michael Loomis, SE, CBO, CASp, PMP
ABS Consulting, Houston, Texas
Director of Engineering, Natural Hazards
2023
• Oversaw technical staff evaluating, monitoring, and mitigating risk from natural hazard events.
Staff included engineers, meteorologists, computer programmers and support staff.
• Managed budget for approximately $3.5 million service line. Reduced operating expenses by
approximately 10% in the first 12 months.
• Business development and marketing, including developing new service offerings through
collaboration with other departments.
• Changed leadership during reorganization. Mentorship of emerging leaders.
• Collaborated with other directors on resource allocation, development of fees and cross-
promoting services.
• Hired, trained, reassigned, and addressed redundancies among staff as needed based on team
requirements and market conditions.
CSG Consultants, Inc., Foster City, California
Building Services Manager, Building Official, Senior Principal Structural Engineer
2008 – 2023
• Chief Building Official, City of Salinas, City of Gonzales, Town of Woodside. Designated building
official as needed for multiple additional jurisdictions.
• Assisted jurisdictions on interpreting and implementing laws and code changes.
• Acted as owner’s representative and subject matter expert for design-build and design-bid-build
projects at public agencies, performing code analysis and interpretation, value engineering, and
technical peer review of complexes for multi-phase projects.
• Oversaw building plan review services for the Northern California Region. The annual
department revenue was approximately $6 million including processing almost 2,000 submittals
per month. Managed a multidisciplinary team of over 25 staff with 6 direct reports located in 4
regional offices as well as remote workers.
• Set quality standards and ensured accuracy of code and legal interpretations company wide.
• Interfaced with other internal departments regarding resource allocation, proposal writing, and
marketing.
• Responded to RFPs and RFQs. Set project budgets and identified project team. Attended
interviews for potential jobs.
• Program manager and project manager over dozens of contracts. Managed cross-disciplinary
contracts. Ensured project delivery from each service line. Negotiated budgets and scheduled
across services lines.
• Worked closely with public agencies to study and resolve complex code issues related to
structural design, disabled access, egress, and other critical building systems.
• Multi-discipline plan review for thousands of projects located throughout California.
• Performed site inspections to verify compliance with approved design. Worked with the design
team and contractors to develop solutions to field conditions.
GPLA, Inc, Santa Clara, California
Associate / Production Manager
2004 – 2008
• Coordinated workload throughout the organization to meet client expectations.
• Managed a growing team of engineers and technical staff on a wide variety of projects in almost
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
3 of 3
Michael Loomis, SE, CBO, CASp, PMP
every region of the country.
• Hired and trained new staff, developed client relationships, issued proposals, and maintained
budgets.
• Traveled throughout the county representing the company at project sites, client offices, and at
public agencies.
• Worked with the federal government on designs incorporating anti-terrorism and progressive
collapse requirements.
• Performed structural design and drafting.
Peoples Associates Structural Engineers, Milpitas, California
Project Engineer
1997 – 2004
• Responsible for the design of hundreds of projects in Northern California.
• Specialized in multi-family light-frame construction, seismic retrofit/rehabilitation, and industrial
projects.
• Developed project budgets and schedules. Issued proposals.
• Worked with AHJ, architects, and contractors to drive project success.
• Managed assistant engineers and drafters.
• Addressed field issues and change orders from active construction sites.
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
Shannon Yauchzee, PE
Senior Civil Engineer / Building Official / Plans Examiner
1 of 3
Experience Summary
With over 28 years of professional experience, Shannon is considered a
veteran within this industry. He has served multiple municipalities in the
capacity of Public Works Director, Civil Engineer, Building Official, and
Mechanical Inspector. Shannon specializes in infrastructure planning,
review and approval of engineering plans related to subdivision and
private development projects and overseeing and administering the
Capital Improvement Program. He works closely with Planning and
Building Departments on the planning and permitting of future public
facilities constructed through the private development process.
Additionally, he has conducted tasks related to mapping and subdivision
services, development review, grading and drainage, stormwater, and
flood plan program management services.
Shannon has spent a majority of his professional career working for public
agencies, as well as private consulting companies, providing highly skilled
design, plan check, and inspections. He has excellent communication,
time management, and leadership skills as well as a strong commitment
to superior internal and external customer service.
Select Professional Experience
4LEAF, Inc.
Plan Review Engineer
2023 – Present
Shannon is working on behalf of 4LEAF performing Civil Plan Review services in multiple jurisdictions as
needed. His typical duties include, but are not limited to:
• Review improvement plans, grading, drainage, utilities, and stormwater management designs for
compliance with local, state, and federal regulations.
• Conduct engineering plan checks to ensure conformance with California AB 2234, SB 330, and
jurisdictional design standards.
• Evaluate hydrology and storm drain calculations to verify proper stormwater management and
flood mitigation measures.
• Review Post-Construction Stormwater Management Plans (SWRMPs) and Stormwater Pollution
Prevention Plans (SWPPPs) for compliance with San Francisco Bay Regional Water Quality Control
Board requirements.
Experience
28+ years
Education B.S., Structural Engineering
Cal State Polytechnic University
Licenses
CA Registered Civil Engineer
#49909
AZ Registered Civil Engineer
#63251
Certifications
ICC, Building Plans Examiner
ICC, Mechanical Inspector
ICC, Building Inspector
CALBO
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Shannon Yauchzee, PE
• Provide technical support to municipalities on stormwater regulations, NPDES permits, and
MWELO compliance.
• Prepare staff reports, technical memos, and engineering recommendations for agency review and
approval.
City of Fontana
Interim City Manager
2021 – 2022
Served a population of over 212,000 people while the City recruited and hired a new full-time City
Manager. Shannon was responsible for managing and oversight of all City functions, including the annual
budget of more than $250,000.
Baldwin Park
City Manager / Chief Executive Officer
2014 – 2021
Shannon was responsible for managing all city operations and budgets on behalf of the City Council
through the executive team of directors. Shannon was responsible for the $90 million budget (including a
general fund budget of $33 million) and the population of approximately 80,000. Shannon oversaw
contractual details for services such as refuse collection and animal control. Some of his accomplishments
as City Manager include:
• Increased the General Fund Reserve by 30% in four years’ time through several methods.
• Initiated an aggressive Capital Program, improving the community and infrastructure such as
paving, trees, median landscaping, new bus shelters and signage.
• Initiated $3 million dollars in energy and water efficiency projects resulting in several hundred
thousand dollars annual savings and one-time rebates.
• Issued $55 million in Pension Obligation Bonds to pay off the City’s PERS obligations. This is
estimated to save the City $23 million over the term of the bonds.
• Completion of a grant-funded, transportation oriented downtown specific plan that expedites the
process and provides incentives to developers in the downtown.
• Completion of a development agreement and construction of a 45-unit mixed use affordable
housing project in downtown. Currently working on four separate agreements for another 250
affordable units in the downtown.
City of West Covina
Public Works Director / City Engineer
2002 – 2014
As the Public Works Director/City Engineer for the City of West Covina (approximate population 110,000),
Shannon oversaw the complete operations of the Public Works Department (65+ staff) comprised of
Administration, Development Services, Building and Safety, Traffic Engineering, Construction, Land
Development, waste collection and street sweeping contracts, Environmental Programs, Capital
Improvement Program, Storm and Wastewater Operations, Street, and Fleet Management. Some of
Shannon’s accomplishments as West Covina Public Works Director include management and oversight of
the following:
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Shannon Yauchzee, PE
• Operational budget of about $15 million per year with a Capital Improvement budget.
• Development, Design, Construction, Inspection and Project Management of a $40 million baseball
sportsplex (Big League Dreams), completed on time and within budget.
• Design, Construction, Inspection and Construction Management of a new $5 million Community
Center and Gymnasium.
• Development, Design, Construction and Management of Amar and Azusa Intersection Widening,
almost $4 million project.
• Negotiated Route 39, Azusa Avenue relinquishment with Caltrans. The City received $2.2 million
from Caltrans.
• As a Leader in Energy Efficiency, Public Works saved the City millions of dollars over a period of
fifteen years.
• Served as president of the San Gabriel valley Council of Governments Public Works Technical
Committee.
Wildan Associates
Plan Check Engineer
1989 – 2002
Shannon worked closely with all municipal operations including public works, building departments, code
enforcement, and planning.
• Assisting with project needs in response to requests from the Community Development Director
and the City Council
• Reviewing development and architectural design plans for industrial, commercial, residential, and
multi-family projects.
Docusign Envelope ID: CBF97350-D839-4AC1-9185-982C49B44805
Certificate Of Completion
Envelope Id: CBF97350-D839-4AC1-9185-982C49B44805 Status: Completed
Subject: DocuSign: PSA with 4Leaf for Plan Check and Inspection Services for Upper Toyon Permit
Source Envelope:
Document Pages: 28 Signatures: 5 Envelope Originator:
Certificate Pages: 5 Initials: 4 Shannon Mackle
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
shannonm@cityofsanrafael.org
IP Address: 199.88.113.8
Record Tracking
Status: Original
3/28/2025 10:47:15 AM
Holder: Shannon Mackle
shannonm@cityofsanrafael.org
Location: DocuSign
Signer Events Signature Timestamp
Andrea Visveshwara
Andrea.Visveshwara@cityofsanrafael.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.88.113.8
Sent: 4/22/2025 2:05:11 PM
Viewed: 4/22/2025 4:02:54 PM
Signed: 4/22/2025 4:04:07 PM
Electronic Record and Signature Disclosure:
Accepted: 4/22/2025 4:02:54 PM
ID: 7e444c8c-ad46-401c-9778-94b594de96fe
April Miller
aprilm@cityofsanrafael.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.88.89.34
Sent: 4/22/2025 4:04:10 PM
Viewed: 4/22/2025 4:26:53 PM
Signed: 4/22/2025 4:27:04 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Van Bach
vanb@cityofsanrafael.org
Accounting Manager
City of San Rafael
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.88.113.8
Sent: 4/22/2025 4:04:10 PM
Viewed: 4/22/2025 4:07:08 PM
Signed: 4/22/2025 4:07:20 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Kevin J. Duggan
kduggan@4leafinc.com
President
2126 Rheem Drive, Pleasanton CA 94588
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.6.122.174
Sent: 4/23/2025 9:48:52 AM
Viewed: 4/23/2025 10:05:26 AM
Signed: 4/23/2025 10:05:39 AM
Electronic Record and Signature Disclosure:
Accepted: 4/23/2025 10:05:26 AM
ID: 65bc1ce5-18b6-4da9-9f6f-fd9e4edb7b87
Signer Events Signature Timestamp
Gene Barry
gbarry@4leafinc.com
Vice President
4LEAF, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.6.122.174
Sent: 4/23/2025 10:05:43 AM
Viewed: 4/23/2025 10:06:27 AM
Signed: 4/23/2025 10:07:21 AM
Electronic Record and Signature Disclosure:
Accepted: 4/23/2025 10:06:27 AM
ID: b6882ec1-d883-468a-a001-a5bf19e1e730
Andrea Visveshwara
andreav@cityofsanrafael.org
Chief Assistant City Attorney
City of San Rafael
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.88.113.8
Sent: 4/23/2025 10:07:25 AM
Viewed: 4/23/2025 11:52:58 AM
Signed: 4/23/2025 11:53:32 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Nataly Torres
NatalyT@cityofsanrafael.org
Administrative Analyst
City of San Rafael
Signing Group: City Attorney's Office
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.88.113.8
Sent: 4/23/2025 10:07:25 AM
Viewed: 4/24/2025 9:38:35 AM
Signed: 4/24/2025 9:39:34 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
April Miller
aprilm@cityofsanrafael.org
Public Works Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 199.88.89.34
Sent: 4/24/2025 9:39:38 AM
Viewed: 4/24/2025 9:46:17 AM
Signed: 4/24/2025 9:46:40 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lindsay Lara
lindsayl@cityofsanrafael.org
City Clerk
City of San Rafael
Signing Group: City Clerk
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.88.113.8
Sent: 4/24/2025 9:46:43 AM
Viewed: 4/24/2025 10:28:04 AM
Signed: 4/29/2025 1:32:22 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Nataly Torres
natalyt@cityofsanrafael.org
Administrative Analyst
City of San Rafael
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.88.113.8
Sent: 3/28/2025 11:50:37 AM
Viewed: 4/22/2025 11:00:50 AM
Completed: 4/22/2025 2:04:31 PM
Electronic Record and Signature Disclosure:
Editor Delivery Events Status Timestamp
Not Offered via Docusign
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Nataly Torres
NatalyT@cityofsanrafael.org
Administrative Analyst
City of San Rafael
Signing Group: City Attorney's Office
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.88.113.8
Sent: 4/22/2025 4:04:10 PM
Viewed: 4/23/2025 9:48:52 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/28/2025 11:50:37 AM
Envelope Updated Security Checked 4/9/2025 2:59:48 PM
Envelope Updated Security Checked 4/9/2025 2:59:48 PM
Envelope Updated Security Checked 4/9/2025 2:59:48 PM
Envelope Updated Security Checked 4/9/2025 2:59:48 PM
Envelope Updated Security Checked 4/18/2025 10:56:10 AM
Envelope Updated Security Checked 4/18/2025 11:38:34 AM
Envelope Updated Security Checked 4/18/2025 11:38:34 AM
Envelope Updated Security Checked 4/18/2025 11:38:34 AM
Envelope Updated Security Checked 4/18/2025 11:38:34 AM
Envelope Updated Security Checked 4/18/2025 11:38:34 AM
Envelope Updated Security Checked 4/18/2025 11:38:34 AM
Envelope Updated Security Checked 4/21/2025 3:40:24 PM
Envelope Updated Security Checked 4/21/2025 3:40:24 PM
Envelope Updated Security Checked 4/22/2025 1:23:53 PM
Envelope Updated Security Checked 4/22/2025 1:23:53 PM
Envelope Updated Security Checked 4/22/2025 1:23:53 PM
Envelope Updated Security Checked 4/22/2025 1:23:53 PM
Envelope Updated Security Checked 4/22/2025 1:23:53 PM
Envelope Updated Security Checked 4/22/2025 1:23:53 PM
Envelope Updated Security Checked 4/22/2025 1:23:53 PM
Envelope Updated Security Checked 4/22/2025 2:04:32 PM
Envelope Updated Security Checked 4/22/2025 2:04:32 PM
Envelope Updated Security Checked 4/22/2025 2:04:32 PM
Certified Delivered Security Checked 4/24/2025 10:28:04 AM
Signing Complete Security Checked 4/29/2025 1:32:22 PM
Completed Security Checked 4/29/2025 1:32:22 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, JONATHAN SCHELLIN (we, us or Company) may be required by law to provide to you certain
written notices or disclosures. Described below are the terms and conditions for providing to you such notices and
disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and
if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records
and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us.
You will have the ability to download and print documents we send to you through the DocuSign system during and
immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a
limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us
that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your
decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and
disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can
complete certain steps in transactions with you and delivering services to you because we will need first to send the
required notices or disclosures to you in paper format, and then wait until we receive back from you your
acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the
DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from
us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you
through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents
that are required to be provided or made available to you during the course of our relationship with you. To reduce the
chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and
disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the
disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with
this process, please let us know as described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact JONATHAN SCHELLIN:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies
of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as
follows: To contact us by email send messages to: pwadmin@cityofsanrafael.org
To advise JONATHAN SCHELLIN of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you
must send an email message to us at pwadmin@cityofsanrafael.org and in the body of such request you must state: your
Electronic Record and Signature Disclosure created on: 12/6/2024 9:45:43 AM
Parties agreed to: Andrea Visveshwara, Kevin J. Duggan, Gene Barry
previous email address, your new email address. We do not require any other information from you to change your email
address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from JONATHAN SCHELLIN
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically,
you must send us an email to pwadmin@cityofsanrafael.org and in the body of such request you must state your email
address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with JONATHAN SCHELLIN
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box
indicating you wish to withdraw your consent, or you may;
ii. send us an email to pwadmin@cityofsanrafael.org and in the body of such request you must state your email, full
name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions may take a longer time to
process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system
requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to other electronic notices and
disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on
paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to
an email address where you will be able to print on paper or save it for your future reference and access. Further, if you
consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-
box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and
Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify JONATHAN SCHELLIN as described above, you consent to receive exclusively through
electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required
to be provided or made available to you by JONATHAN SCHELLIN during the course of your relationship with
JONATHAN SCHELLIN.