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HomeMy WebLinkAboutPW 3-5 Year Pavement Plan; L8.0006.A1 v. Feb 2025 Page 1 AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF SAN RAFAEL AND ________________________________ FOR ________________________________________________________ Original Contract Execution Date: ________________, Contract No._______________________ Amendment No. ___ THE ABOVE-NAMED CONTRACT is hereby amended by the parties as set forth herein by the checked boxes below and is effective on _____________________. ☐ SCOPE OF WORK: The Scope of Work is hereby amended in Exhibit A-__, attached hereto and incorporated by reference. ☐ COMPENSATION: The parties agree to increase the not-to-exceed amount by $____________, and to increase the total not-to-exceed amount under the Contract to $_________________. ☐ TERM OF CONTRACT: For Contractor to perform the additional or amended work described herein, the term of this Contract shall be extended to ______________________. Except as specifically amended herein, all other provisions, terms and obligations of the Contract between the parties shall remain valid and shall be in full force. 144,500 1 70,000 N/A X EL REINO LARA LLC DBA CAL PAVEMENT MANAGEMENT PAVEMENT MAINTENANCE PROGRAM 3 AND 5 YEAR PLAN X June 30, 2026 November 18, 2024 1 X Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE May 11, 2025 L8.0006.A1 v. Feb 2025 Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment on the day, month, and year first specified below. 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: _____________________________ Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE Cesar A. Lara CAL Pavement Management Principal Andrea Visveshwara Chief Assistant City Attorney City Manager Cristine Alilovich May 11, 2025 City Clerk Lindsay Lara EXHIBIT A - 1 SCOPE OF WORK AMENDED The Parties hereby agree to amend the Scope of Work to add the following work: 1. Additional or Amended Services: Section 1.01 Task 1 – Contractor will provide additional design and planning services needed to complete the 3-5 Year Plan and deliver a complete planning document. Contractor will also assist City staff with program communication efforts including but not limited to a presentation, community flyers, and an interactive digital map showing the recommended roadways over the upcoming years Section 1.02 Task 2 – Review and update recommendations for technical specifications related to the successful completion of future Maintenance activities and projects related to the roadways DELIVERABLES The Scope of Work is amended to add the following: 1. Project Deliverables: 1. City of San Rafael 3-5 Year Pavement Maintenance Plan (PMP) including roadway candidates, treatment options for each roadway. 2. Presentations, reports and calculators for reporting annual roadway conditions. 3. Updated specifications related to standard paving preservation treatments that the City can utilize in future Maintenance activities and projects. Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE 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: Shannon Mackle (for Grey Melgard) Cesar A Lara cesar@calpavement.com Public Works El Reino Lara DBA Cal Pavement Management Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE Rev. 08.22 1 AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND EL REINO LARA LLC DBA CAL PAVEMENT MANAGEMENT FOR PAVEMENT MAINTENANCE PROGRAM 3 AND 5 YEAR PLAN This Agreement is made and entered into as of ________________________ , by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and EL REINO LARA LLC DBA CAL PAVEMENT MANAGEMENT, a California limited liability company (hereinafter "CONSULTANT"). CITY and CONSULTANT RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A 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 1. 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, 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 CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated October 10, 2024 in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit ,GNрчѶспсу Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 2 rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $74,500. 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 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 Effective Date. 4. PROJECT COORDINATION. A. Grey Melgard 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. Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Cesar A. Lara 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. Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 3 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, CLAIMS , arising out of CONSULTANT 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 share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT performance of or operations under this Agreement, Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 4 CONSULTANT shall provide a defense to the City Indemnitees or at option reimburse the City Indemnitees 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, C 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. Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 5 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 Grey Melgard, Associate Engineer 111 Morphew St San Rafael, CA 94901 To CONSULTANT Director: Cesar A. Lara 5451 Degnan Drive Martinez, CA, 94553 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, Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 6 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 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. Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 7 [Signatures are on the following page.] Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 8 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 _________________________________ ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk _________________________________ LINDSAY LARA, City Clerk CONSULTANT: __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ [If CONSULTANT is a corporation, add signature of second corporate officer] __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ JA.LAF DADGNA;#җ,GNрчѶспсурфѷуц.12Ҙ Fristine Dlilovich J FF9,MJEAҗ!GJҘҗ,GNрчѶспсурхѷтш.12Ҙ Erenna Qurmi for Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE Rev. 08.22 A-1 EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in s proposal, which is attached to this Exhibit A. Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE www.calpavements.com (925) 494-8539 October 10, 2024 Grey Shankel Melgard, PE (they/them) | City of San Rafael Associate Civil Engineer Department of Public Works Work Cell 415.755.0353 grey.melgard@cityofsanrafael.org Via email: grey.melgard@cityofsanrafael.org Letter Proposal to Provide Pavement Management Program – 3- and 5-Year Plan Dear Grey, Thank you for the opportunity for CAL Pavement Management (CPM) to provide pavement preservation services to assist the City of San Rafael with your pavement management program. CAL Pavement Managements team will utilize its many years of experience and practical application knowledge to provide the following services: Scope of Work: • Evaluate the city’s entire pavement network based on Street Saver data and recommend appropriate treatment options. After reviewing the roadway condition in the field, Cesar will prepare a PMP report providing treatment recommendation and ADA updates for each location with maps. • Help the City in choosing roadway candidates for future projects and assist with the assembly of project scope. • Deliver a 3-5 Year Pavement Maintenance Plan (PMP) o 3 year (2026-2028) o 4-5 year (2029-2030) • Prepare presentations, reports and calculators for the DPW • Review specifications and provide recommendations. • Assist with administrative duties related to project management of pavement preservation projects. • Provide public outreach in English and Spanish Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE www.calpavements.com (925) 494-8539 CPM will perform these activities on an as-needed basis as directed by the city. The services will be provided at the hourly rates shown below, with a Not -To-Exceed budget of seventy-four thousand five hundred dollars ($74,500.00). Billing Rate Standard OT/Saturday (1.5x) DT/Sunday (2x) Cesar Lara $249.77 N/A N/A As the CEO/Principal of CAL Pavement Management, I am the individual authorized to bind the firm into a contract with the City. CAL Pavement Managements Contract Manager and main point of contact for this contract will be Cesar Lara. For questions or clarifications regarding the contents of this proposal, please contact Cesar at 925-494-8539 or via email at cesar@calpavements.com. We look forward to helping the City of San Rafael efficiently apply its maintenance funds and realize long-term cost savings from a focused pavement preservation plan. Sincerely, CAL Pavement Management Cesar A. Lara CEO/Principal Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE Rev. 08.22 B-1 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. . If it employs any person, CONSULTANT shall ($1,000,000) per accident for bodily injury or disease. 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. 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 any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The CONSULTANT policies shall be at least as broad as Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 B-2 ISO form CG20 01 04 13. 3. Except for professional liability insurance 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 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 Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE v 08.22 B-3 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. 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, attor 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. Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. Step RESPONSIBLE DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org Click here to enter a date. 10/24/2024 SM 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 11/1/2024 11/1/2024 NT NT 3 Department Director Approval of final agreement form to send to contractor 11/6/2024 AM 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 11/7/2024 5 Project Manager When necessary, contractor-signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval N/A Or Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 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 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackle (for Grey Melgard) Extension: 3353 Contractor Name: El Reino Lara DBA Cal Pavement Management Cesar Lara Contact Email: cesar@calpavements.com FPPC: Check if Contractor/Consultant must file Form 700 Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE PSA - CAL Pavement - Pavement Maintenance Program 3-5 Yr Plan Final Audit Report 2024-11-19 Created:2024-11-18 By:Shannon Mackle (shannon.mackle@cityofsanrafael.org) Status:Signed Transaction ID:CBJCHBCAABAA6xcCDboFZnMVeE3rlkTObyYjVUN8HW9I "PSA - CAL Pavement - Pavement Maintenance Program 3-5 Yr Plan" History Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-11-18 - 8:53:26 PM GMT- IP address: 199.88.113.8 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-11-18 - 8:55:04 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-11-18 - 11:47:07 PM GMT- IP address: 104.47.65.254 Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-11-18 - 11:47:30 PM GMT- IP address: 199.88.113.8 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-11-18 - 11:47:32 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to city.clerk@cityofsanrafael.org for signature 2024-11-18 - 11:47:34 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-11-19 - 0:07:28 AM GMT- IP address: 71.202.35.117 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-11-19 - 0:39:53 AM GMT- IP address: 199.88.113.8 Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-11-19 - 0:39:55 AM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-11-19 - 0:39:55 AM GMT Docusign Envelope ID: 04D46E0E-71DD-467E-9949-5F83DE1FFABE Certificate Of Completion Envelope Id: 04D46E0E-71DD-467E-9949-5F83DE1FFABE Status: Completed Subject: DocuSign: Amendment with Cal Pavement Management for Pavement Maintenance Program 3-5 Yr Plan Source Envelope: Document Pages: 20 Signatures: 4 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 4/18/2025 2:11:46 PM 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: 4/23/2025 4:52:01 PM Viewed: 4/23/2025 4:54:39 PM Signed: 4/23/2025 4:56:46 PM Electronic Record and Signature Disclosure: Accepted: 4/23/2025 4:54:39 PM ID: 573bc0a0-f49e-4972-a74a-a5ba0841d322 April Miller aprilm@cityofsanrafael.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 76.21.9.33 Signed using mobile Sent: 4/23/2025 4:56:48 PM Viewed: 4/24/2025 6:41:18 AM Signed: 4/24/2025 6:41:24 AM 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: 4/23/2025 4:56:49 PM Viewed: 4/24/2025 2:31:56 PM Signed: 4/24/2025 2:32:03 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Cesar A. Lara cesar@calpavements.com Principal CAL Pavement Management Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.204.3.137 Signed using mobile Sent: 4/24/2025 2:32:06 PM Viewed: 4/25/2025 3:23:53 PM Signed: 4/25/2025 3:24:39 PM Electronic Record and Signature Disclosure: Accepted: 4/25/2025 3:23:53 PM ID: 22cb4119-52f3-4f94-95e8-cb10efa52c96 Signer Events Signature Timestamp 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: 73.66.5.250 Sent: 5/6/2025 9:30:07 AM Viewed: 5/9/2025 9:22:24 PM Signed: 5/9/2025 9:22:42 PM 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: 10.101.81.73 Sent: 5/6/2025 9:30:07 AM Viewed: 5/6/2025 1:51:05 PM Signed: 5/6/2025 2:22:38 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Cristine Alilovich cristinea@cityofsanrafael.org City Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:645:e82:6d80:653c:d7a4:e9e4:fb42 Sent: 5/9/2025 9:22:44 PM Viewed: 5/11/2025 7:18:03 AM Signed: 5/11/2025 7:18:20 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: 24.5.253.74 Sent: 5/11/2025 7:18:22 AM Viewed: 5/12/2025 1:30:18 PM Signed: 5/12/2025 1:30:39 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: 4/18/2025 2:27:57 PM Viewed: 4/23/2025 4:34:39 PM Completed: 4/23/2025 4:51:29 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified 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: 4/23/2025 4:56:49 PM Viewed: 4/23/2025 5:03:53 PM 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 4/18/2025 2:27:57 PM Envelope Updated Security Checked 4/23/2025 2:05:36 PM Envelope Updated Security Checked 4/23/2025 2:05:36 PM Envelope Updated Security Checked 4/23/2025 3:49:41 PM Envelope Updated Security Checked 4/23/2025 4:51:29 PM Envelope Updated Security Checked 4/23/2025 4:51:29 PM Envelope Updated Security Checked 4/23/2025 4:51:29 PM Envelope Updated Security Checked 4/29/2025 2:29:06 PM Certified Delivered Security Checked 5/12/2025 1:30:18 PM Signing Complete Security Checked 5/12/2025 1:30:39 PM Completed Security Checked 5/12/2025 1:30:39 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. 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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, Cesar A. Lara previous email address, your new email address. 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