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Home My WebLink AboutPW Service Level Agreement; Task Order No. 151; Geotechnical Engineering Services for Courtright and Pearce Rd v. Feb 2025 Page 1 City of San Rafael SERVICE LEVEL AGREEMENT DATED _______________________ WITH ______________________________________ TASK ORDER NO. ____ Subject title: __________________________________________________ Task Order Amount: $_____________ THIS TASK ORDER is entered into by and between the City of San Rafael, a municipal corporation ("City"), and ______________________________ ("Contractor"), and is effective on ____________________. RECITALS A. The City and Contractor have entered into a Service Level Agreement ("Contract") under which Contractor has agreed to perform certain contract services for the City; and B. Pursuant to the terms of the Contract, the City wishes Contractor to perform certain tasks as set forth in this Task Order, which constitute the Work; NOW, THEREFORE, City and Contractor agree as follows: CONTRACT 1. Scope of Work. Contractor shall provide any and all of the work set forth in Exhibit A of this Task Order, as directed by the City. _______________________ shall be the Project Manager for Contractor for this Task Order. Additional contract services may be performed by other Contractor staff with prior notice and approval by City. a. City's duties. The City will: (1) Determine the scope of work, as set forth in Exhibit A. (2) Make available work plans and specifications and other City data related to the Work, including full information as to the City's requirements. (3) Designate _____________________________ as the person at the City responsible for monitoring performance under this Task Order. Matthew Pepin Scott Stephens 151 May 8, 2024 MILLER PACIFIC ENGINEERING GROUP Geotechnical Engineering Services for Courtright and Pearce Rd 31,300 Miller Pacific Engineering Group Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C July 7, 2025 L8.0012.T151 City of San Rafael Service Level Agreement Task Order v. Feb 2025 Page 2 b. Contractor duties. The Contractor will: (1) Provide and perform tasks identified in Exhibit A, Scope of Work. (2) Provide miscellaneous services related to the Work and not stipulated elsewhere in this Task Order, when requested by the City in writing. A Task Order Amendment is required if these additional services cannot be performed within the Task Order budget. 2. Date of completion; Work hours estimate; Cost estimate and budget; Fee schedule: Costs are not-to-exceed $_________ for this Task Order. See Exhibit A, Scope of Work. 3. Authorization to proceed. The City will give Contractor authorization to proceed with the Work specified in this Task Order only after Contractor submits updated insurance certificates and endorsements, in accordance with the Contract. 4. Service Level Agreement terms; Conflicts. Except as expressly otherwise provided herein, all terms of the Contract shall apply to Contractor in the performance of work pursuant to this Task Order. If there is a conflict between this Task Order and the Contract, this Task Order shall control. 4. Amendment of Task Order; Conflicts. Except as provided in Section 1(b)(2) above, this Task Order may not be modified except by an Amended Task Order executed and approved in the same manner as the Task Order. 5. Signatures. The parties have executed this Task Order, as of the date first written above. 31,300 Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Task Order v. Feb 2025 Page 3 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: _____________________________ Exhibits: A Scope of work, time of completion, work hours estimate, cost estimate and budget, and fee schedule (Contractor's current hourly rate) as approved in Service Level Agreement and subsequent yearly updates. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C Miller Pacific Engineering Group Scott Stephens President Nate Klemin Miller Pacific Engineering Group Associate EngineerChief Assistant City Attorney Andrea Visveshwara Cristine Alilovich July 7, 2025 City Manager City Clerk Lindsay Lara 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: Miller Pacific Engineering Group (MPEG) will provide geotechnical engineering services, including drilling exploratory borings and preparing plans to stabilize the downslope side of Pearce Rd. 2. Specific Tasks: As part of the Scope of Work, the Contractor shall perform the following tasks: 2.1 Task 1 – Site Exploration: MPEG will mark boring locations in the field and notify Underground Service Alert (USA) for identification of public active utilities to confirm there is no conflict with boring locations. MPEG will obtain a drilling permit from Marin County Environmental Health. The encroachment permit will be waived by the City. MPEG will drill two borings with track-mounted drilling equipment to anticipated depths of 20 feet below ground surface. Traffic Control or road closure will be required during drilling. The actual depth of borings will be based on the subsurface conditions encountered during drilling. During exploration, MPEG will collect soil samples and transport them to our laboratory to perform tests to determine pertinent engineering properties. 2.2 Task 2 – Repair Plans: Based on the results of our exploratory borings and using a topographic site plan (AutoCAD) provided by the City, MPEG will provide conceptual slope stabilization options (20% plans) to protect and stabilize the roadway. MPEG will consult to discuss options with the project team. Once the preferred option is selected, MPEG will perform slope stability analyses and engineering analyses to design a stabilization plan. MPEG will prepare and issue 60%, 90% and 100% plans and specifications that can be used in the bidding and construction of the project. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C 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. Conceptual Slope Stabilization Options (20% Plans) 2. Stabilization Plan – Plans and Specs for 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: ☒ A fixed fee for the work performed ☒ An hourly rate for the work performed based on the following hourly rate s: Task 1 – Fixed Fee $14,600 Task 2 – Time & Expense, Estimated $16,700 SCHEDULE Coordination to begin immediately upon receipt of authorized agreement. Anticipate 1-2 months to perform Task 1. Following the completion of Task 1, anticipate 2-4 months to perform Task 2. – END OF EXHIBIT A – Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C 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 Project Manager Email PINS insurance request to Contractor ☐ City Attorney’s Office Review, revise as needed, and approve agreement as to form Department Director Review and approve agreement Risk Management 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: City Council Date: ☐ ___________________ or ☐ Not applicable ☐ FPPC: Check if Contractor must file Form 700 Shannon Mackle (for Matthew Pepin) X Scott Stephens SStephens@millerpac.com X Public Works Miller Pacific Engineering Group Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C June 6, 2025 File: 25-13632pro.doc Matthew Pepin, P.E. City of San Rafael, Department of Public Works 111 Morphew Street San Rafael, CA 94901 Re: Proposal for Geotechnical Engineering Services Slope and Roadway Stabilization Courtright and Pearce San Rafael, California Introduction Per our recent site inspection and discussion, we are pleased to propose our geotechnical engineering services regarding exploratory borings and preparing plans to stabilize the downslope side of Pearce Road south of 155 Pearce. Slope movement appears to be occurring causing slow settlement and cracking of the roadway. Based on our understanding of the project and experience with similar projects, we recommend the following scope of services. Task 1 – Site Exploration We will mark boring locations in the field and notify Underground Service Alert (USA) for identification of public active utilities to confirm there is no conflict with boring locations. We will obtain a drilling permit from Marin County Environmental Health. We assume an encroachment permit will be waived by the City. We will drill two borings with track-mounted drilling equipment to anticipated depths of 20 feet below ground surface. Traffic Control or road closure will be required during drilling. The actual depth of borings will be based on the subsurface conditions encountered during drilling. During exploration, we will collect soil samples and transport them to our laboratory to perform tests to determine pertinent engineering properties. Task 2 – Repair Plans Based on the results of our exploratory borings and using a topographic site plan (AutoCAD) provided by the City, we will provide conceptual slope stabilization options (20% plans) to protect and stabilize the roadway. We will consult to discuss options with the project team. Once the preferred option is selected, we will perform slope stability analyses and engineering analyses to design a stabilization plan. We will prepare and issue 60%, 90% and 100% plans and specifications that can be used in the bidding and construction of the project. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael, Department of Public Works June 6, 2025 Page 2 Fee Estimate and Agreement We will provide our services on a time and expense basis in accordance with the attached Cost Estimate Worksheet and Schedule of Charges. Accordingly, we estimate that our fee for the scope of services outlined above would be approximately as follows: Phase 1 – Exploration ................................................................................... ..Fixed Fee $14,600 Phase 2 – Analyses and Geo-Civil Repair Plans……………………Time & Expense, $ Est. $16,700* *Budget will be dependent on selected repair/wall type and analyses required to develop repair plans and specifications. We trust that this provides the information required at this time. If you or others have further questions, please do not hesitate to call. When you wish to proceed, please provide us with your Subconsultant Agreement for the Trinidad Rancheria. Very truly yours, MILLER PACIFIC ENGINEERING GROUP Scott A. Stephens Geotechnical Engineer No. 2398 (Expires 6/30/27) Attachments: Agreement with Schedule of Charges, Cost Estimate Worksheet Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES January 2025 Page 1 of 8 Mailing Address:  Phone Number: (415) 382-3444  Physical Address: P.O. Box 2802  Fax Number: (415) 382-3450  504 Redwood Blvd., Suite 220 Novato, California 94948-2802 Novato, California 94947 AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES This AGREEMENT is made between MILLER PACIFIC ENGINEERING GROUP (“MPEG”), a California Corporation, and the CLIENT to provide Professional Engineering and Testing Services with respect to the PROJECT, with the following GENERAL CONDITIONS and for the FEE as described below and on the attached pages. 1.0 CLIENT NAME: City of San Rafael, Department of Public Works Attn: Matthew Pepin, P.E. ADDRESS: 111 Morphew Street San Rafael, CA 94901 CLIENT PW#: 25-13632 2.0 PROJECT: Slope and Roadway Stabilization -Courtright and Pearce LOCATION: Courtright and Pearce San Rafael, California 3.0 SCOPE OF SERVICES: Geotechnical Engineering Services as outlined below Phase 1 – Geotechnical Exploration Phase 2 – Analyses and Geo-Civil Repair Plans 4.0 FEE: Phase 1 – Fixed Fee ............................................................. $14,600 Phase 2 – Time & Expense Estimate ................................... $16,700 6/6/2025 FOR MPEG: Scott Stephens, Geotechnical Engineer No. 2398 Date FOR CLIENT: Property Owner (Signature) Date Property Owner Primary Email Address Primary Phone CARE OF: Owner’s Representative (if applicable) Primary Phone BILLING: Billing Contact (if applicable) Primary Phone Billing Contact Primary Email Address DIR # (If Prevailing Wage) THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE PROPOSAL DATE Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES January 2025 Page -2 of 7 GENERAL CONDITIONS 1. DEFINITIONS 1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractors, including addenda, amendments, supplementary instructions, and change orders. 1.2. Contractor. The contractor or contractors retained to construct the Project for which MPEG is providing Services under this Agreement. 1.3. Day(s). Calendar day(s) unless otherwise stated. 1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution. 1.5. Services. The Services provided by MPEG as set forth in this Agreement, the Scope of Services, and any written amendment to this Agreement. 1.6. Work. The labor, materials, equipment, and services required to complete the project described in the Contract Documents. 2. SCOPE OF SERVICES MPEG will perform the scope of Services per Page 1 of the agreement. 2.1. Changes in Scope. If MPEG provides Client with a written confirmation of a change in the Scope of Services, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by MPEG on the Project are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the Scope of Services or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Section 19, “Disputes.” 2.2. Licenses. MPEG will procure and maintain business and professional licenses and registrations necessary to provide its Services. 2.3. Excluded Services. MPEG’s Services under this Agreement include only those Services specified in the Scope of Services. 2.3.1. General. Client expressly waives any claim against MPEG resulting from its failure to perform recommended additional Services that Client has not authorized MPEG to perform, and any claim that MPEG failed to perform services that Client instructs MPEG not to perform. 2.3.2. Biological Pollutants. MPEG’s Scope of Services specifically excludes the investigation, detection, prevention or assessment of the presence of Biological Pollutants. The term “Biological Pollutants” includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and/or any of their byproducts. MPEG’s Scope of Services will not include any interpretations, recommendations, findings, or conclusions pertaining to Biological Pollutants. Client agrees that MPEG has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client agrees to defend, indemnify, and hold harmless MPEG from all claims by any third party concerning Biological Pollutants, except for damages caused by MPEG’s sole negligence. 3. PAYMENTS TO MPEG 3.1. Basic Services. MPEG will perform the Services set forth per the Scope of Services for the Fee and per the Schedule of Charges shown on Page 1 and Page 8 of this Agreement. 3.2. Additional Services. Any Services performed under this Agreement, except those Services expressly identified in the attached Scope of Services, will be provided on a time and materials basis unless otherwise specifically agreed to in writing by both parties. 3.3. Estimate of Fees. MPEG will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within any written cost estimate provided by MPEG. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. The use of an estimate of fees or of a “not to exceed” limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates that MPEG shall not incur fees and expenses in excess of the estimate or limitation amount without obtaining Client’s agreement to do so. 3.4. Rates. Client will pay MPEG at the rates set forth in the Schedule of Charges. 3.4.1. Changes to Rates. Client and MPEG agree that the Schedule of Charges is subject to periodic review and amendment, as appropriate to reflect MPEG’s current fee structure. Unless Client objects in writing to the proposed amended fee structure within 30 days of invoice, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure within 30 days, and MPEG and Client cannot agree upon a new fee structure within 30 days after notice, MPEG may terminate this Agreement and be compensated as set forth under Section 18, “Termination.” Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES January 2025 Page -3 of 7 3.4.2. Prevailing Wages. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify MPEG if prevailing wages apply. If it is later determined that prevailing wages apply, and MPEG was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as weII as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless MPEG from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 3.5. Payment Timing; Late Charge. MPEG may invoice Client at least monthly. All invoices are due upon receipt. Client shall notify MPEG in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. All amounts unpaid 30 days after the invoice date will include a late payment charge from the date of the invoice, at the rate of 1-1/2% per month or the highest rate permitted by law. MPEG may suspend Services for lack of timely payment. Client agrees to pay all collection-related costs that MPEG incurs, including attorney fees. 4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES 4.1. Level of Service. MPEG offers different levels of Services to suit the desires and needs of different clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased cost. Client must determine the level of Services adequate for its purposes. Client has reviewed the Scope of Services and has determined that it does not need or want a greater level of Services than that being provided. 4.2. Standard of Care. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, MPEG will endeavor to perform its Services consistent with that level of care and skill ordinarily exercised by other professionals practicing in the same locale and under similar circumstances at the time the Services are performed. 4.3. No Warranty. No warranty, express or implied, is included or intended by this Agreement. 5. ESTIMATE OF CONSTRUCTION COSTS Client acknowledges that construction and project development are subject to many influences that are not subject to precise forecasting and are outside of MPEG’s control. Client further acknowledges that actual costs incurred may vary substantially from the estimates prepared by MPEG and that MPEG does not warrant or guaranty the accuracy of construction or development cost estimates. 6. CONSTRUCTION PHASE SERVICES If MPEG’s Scope of Services includes observation and/or testing during the course of construction, the following conditions apply. 6.1. Construction Observation. 6.1.1. Site Meetings & Visits. MPEG will participate in job site meetings as requested by Client, and, unless otherwise requested by Client, visit the site at times specified in the Scope of Services or, if not specified in the Scope of Services, at intervals as MPEG deems appropriate to the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality of the geotechnical aspects of the Work. Based on information obtained during such visits and on such observations, MPEG may inform Client of the progress of the geotechnical aspects of the Work. Client understands that MPEG may not be on site continuously; and, unless expressly agreed otherwise, MPEG will not observe all of the Work. 6.1.2. Contractor’s Performance. MPEG does not, and cannot, warrant or guarantee that all of the geotechnical Work performed by Contractor meets the requirements of MPEG’s geotechnical recommendations or the plans and specifications for such geotechnical Work; nor can MPEG be responsible for Contractor’s failure to perform the Work in accordance with the plans, specifications or the recommendations of MPEG. 6.1.3. Contractor’s Responsibilities. MPEG will not supervise, direct or have control over the Work nor will MPEG have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor for the geotechnical aspects of the Project; for safety precautions and programs incident to the Work; nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor furnishing and performing its Work. 6.1.4. Final Report. At the conclusion of Construction Phase Services, MPEG may provide Client with a written report summarizing the tests and observations, if any, made by MPEG. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES January 2025 Page -4 of 7 6.2. Review of Contractor’s Submittals. If included in the Scope of Work, MPEG will review and take appropriate action on the Contractor’s submittals, such as shop drawings, product data, samples, and other required submittals. MPEG will review such submittals solely for general conformance with MPEG’s design, and will not include review for the following, all of which will remain the responsibility of the Contractor: accuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination among trades; or construction safety. 6.3. Tests. Tests performed by MPEG on finished Work or Work in progress are taken intermittently and indicates the general acceptability of the Work on a statistical basis. MPEG’s tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements. 7. CLIENT’S RESPONSIBILITIES In addition to payment for the Services performed under this Agreement, Client agrees to: 7.1. Cooperation. Assist and cooperate with MPEG in any manner necessary and within its ability to facilitate MPEG’s performance under this Agreement. 7.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client’s policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client’s representative will be subject to change by written notice. 7.3. Rights of Entry. Provide access to and/or obtain permission for MPEG to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. MPEG will operate with reasonable care to minimize damage to the Project Site(s). However, Client recognizes that MPEG’s operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not included in the fee unless otherwise stated. 7.4. Relevant Information. Supply MPEG with all information and documents in Client’s possession or knowledge which are relevant to MPEG’s Services. Client warrants the accuracy of any information supplied by it to MPEG, and acknowledges that MPEG is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify MPEG of any known potential or possible health or safety hazard existing on or near the Project Site, with particular reference to Hazardous Materials or conditions. 7.5. Subsurface Structures. Correctly designate on plans to be furnished to MPEG the location of all subsurface structures, such as pipes, tanks, cables and utilities within the property lines of the Project Site(s), and be responsible for any damage inadvertently caused by MPEG to any such structure or utility not so designated. MPEG is not liable to Client for any losses, damages or claims arising from damage to subterranean structures or utilities that were not correctly shown on plans furnished by Client to MPEG. 8. CHANGED CONDITIONS If MPEG discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement (“Changed Conditions”), MPEG will notify Client in writing of the Changed Conditions. Client and MPEG agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If MPEG and Client cannot agree upon amended terms and conditions within 30 days after notice, MPEG may terminate this Agreement and be compensated as set forth in Section 18, “Termination.” 9. HAZARDOUS MATERIALS Client understands that MPEG’s Services under this Agreement are limited to geotechnical investigation and that MPEG has no responsibility to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client is solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, including the potentially affected public, of the existence of any Hazardous Materials located on or in the Project site, or located during the performance of this Agreement. The existence or discovery of Hazardous Materials constitutes a Changed Condition under this Agreement. 10. CERTIFICATIONS Client agrees not to require that MPEG execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) MPEG believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) MPEG believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) MPEG has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by MPEG is limited to an expression of professional opinion based upon the Services performed by MPEG, and does not constitute a warranty or guaranty, either expressed or implied. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES January 2025 Page -5 of 7 11. ALLOCATION OF RISK 11.1. Limitation of Liability. The total cumulative liability of MPEG, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees, and agents (collectively “MPEG Entities”), to Client arising from Services under this Agreement, including any indemnity obligation, defense costs, damages and attorney’s fees due under this Agreement, will not exceed the gross compensation received by MPEG under this Agreement or $50,000, whichever is greater, provided that such liability is further limited as described below. This limitation applies to all lawsuits, claims, or actions for errors or omissions in MPEG’s Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Client and Engineer agree that this negotiated clause was expressly acknowledged and agreed upon. Upon Client’s written request, MPEG and Client may agree to modify the limitation in exchange for negotiated scope or MPEG’s fee, provided they amend this Agreement in writing as provided in Section 20. 11.2. Indemnification. 11.2.1. Indemnification of Client. Subject to all otherwise applicable statutes of limitations and repose and the provisions and limitations of this Agreement, including Section 11.1, MPEG agrees to indemnify and hold harmless Client, its shareholders, officers, directors, employees, and agents from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney’s fees and costs of defense), or other losses (collectively “Losses”) to the extent caused by MPEG’s negligent performance of its Services under this Agreement. With regard to any claim alleging Consultant’s negligent performance of professional services, Consultant’s defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder. The indemnity obligations provided under this section shall only apply to the extent such Losses are determined by a court of competent jurisdiction or arbitrator to have been caused by the negligence of Engineer. 11.2.2. Indemnification of MPEG. Client will indemnify and hold harmless MPEG Entities from and against any and all Losses to the extent caused by the negligence of Client, its employees, agents and contractors. In addition, except to the extent caused by MPEG’s sole negligence, Client expressly agrees to defend, indemnify and hold harmless MPEG Entities from and against any and all Losses arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material. 11.3. Consequential Damages. Neither Client nor MPEG will be liable to the other for any special, consequential, incidental, or penal losses or damages including but not limited to losses, damages, or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, profits, revenue, or inventory, or for use charges, cost of capital, or claims of the other party and/or its customers. 11.4. Continuing Agreement. The indemnity obligations and the limitations of liability established under this Agreement will survive the expiration or termination of this Agreement. If MPEG provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the obligations of the parties to indemnify each other and the limitations on liability established under this Agreement apply to such Services as if the parties had executed an amendment. 12. INSURANCE 12.1. MPEG’s Insurance. MPEG will obtain, if reasonably available, the following coverages: 12.1.1. Statutory Workers’ Compensation / Employer’s Liability Insurance; 12.1.2. Commercial General Liability Insurance with a combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate; 12.1.3. Automobile Liability Insurance, including liability for all owned, hired and non-owned vehicles with minimum limits of $1,000,000 for bodily injury per person, $1,000,000 property damage, and $1,000,000 combined single limit per occurrence; and, 12.1.4. MPEG maintains Professional Liability Insurance for our own benefit. 12.2. Contractor’s Insurance. Client or Project Owner will require owner’s Contractor, subcontractors and consultants to purchase and maintain General Liability, Builder’s Risk, Automobile Liability, Workers’ Compensation, and Employer’s Liability insurance with limits no less than as set forth above. 12.3. Certificates of Insurance. Upon request, MPEG and Client will each provide the other with certificate(s) of insurance evidencing the existence of the policies required herein. Except for Professional Liability and Workers’ Compensation Insurance, all policies required herein shall contain a waiver of subrogation. 13. OWNERSHIP AND USE OF DOCUMENTS 13.1. Client Documents. All documents provided by Client will remain the property of Client. MPEG will return all such documents to Client upon request, but may retain file copies of such documents. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES January 2025 Page -6 of 7 13.2. MPEG’s Documents. Unless otherwise agreed in writing, all documents and information prepared by MPEG or obtained by MPEG from any third party in connection with the performance of Services, including, but not limited to, MPEG’s reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data and other similar documents (collectively “Documents”) are the property of MPEG. MPEG has the right, in its sole discretion, to dispose of or retain the Documents. 13.3. Use of Documents. All Documents prepared by MPEG are solely for use by Client and will not be provided by either party to any other person or entity without MPEG’s prior written consent. 13.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project. 13.3.2. Use by MPEG. MPEG retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose. 13.4. Electronic Media. MPEG may agree at Client’s request to provide Documents and information in an electronic format. Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, all Documents and information provided by MPEG in electronic media are for informational purposes only and not as final documentation. Unless otherwise defined in the Scope of Services, MPEG’s electronic Documents and media will conform to MPEG’s standards. MPEG will provide any requested electronic Documents for a 30-day acceptance period, and MPEG will correct any defects reported by Client to MPEG during this period. MPEG makes no warranties, either express or implied, regarding the fitness or suitability of any electronic Documents or media. 13.5. Unauthorized Reuse. No party other than Client may rely and Client will not represent to any other party that it may rely on Documents without MPEG’s express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without MPEG’s express prior written consent. Client waives any and all claims against MPEG resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through client. Client will defend, indemnify and hold harmless MPEG from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained Documents provided to such person or entity, published, disclosed or referred to without MPEG’s prior written consent. 14. SAMPLES AND CUTTINGS 14.1. Sample Retention. If MPEG provides laboratory testing or analytic Services, MPEG will preserve such soil, rock, water, or other samples as it deems necessary for the Project, but no longer than 45 days after issuance of any Documents that include the data obtained from these samples. Client will promptly pay and be responsible for the removal and lawful disposal of all contaminated samples, cuttings, Hazardous Materials, and other hazardous substances. 14.2. Monitoring Wells. Client will take custody of all monitoring wells and probes installed during any investigation by MPEG, and will take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client’s expense. 15. RELATIONSHIP OF THE PARTIES MPEG will perform Services under this Agreement as an independent contractor. 16. ASSIGNMENT AND SUBCONTRACTS Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. MPEG may subcontract for the services of others without obtaining Client’s consent if MPEG deems it necessary or desirable for others to perform certain Services. 17. SUSPENSION AND DELAYS 17.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the Services by MPEG. MPEG may terminate this Agreement if Client suspends MPEG’s Services for more than 60 days and Client will pay MPEG as set forth under Section 18, “Termination.” If Client suspends MPEG’s Services, or if Client or others delay MPEG’s Services, Client and MPEG agree to equitably adjust: (1) the time for completion of the Services; and (2) MPEG’s compensation in accordance with MPEG’s then current Schedule of Charges for the additional labor, equipment, and other charges associated with maintaining its workforce for Client’s benefit during the delay or suspension, or charges incurred by MPEG for demobilization and subsequent remobilization. 17.2. Liability. MPEG is not liable to Client for any failure to perform or delay in performance due to circumstances beyond MPEG’s control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, floods, explosions, earthquakes, “acts of God,” adverse weather conditions, acts of government, labor disputes, Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES January 2025 Page -7 of 7 delays in transportation or inability to obtain material and equipment in the open market. 18. TERMINATION 18.1. Termination for Convenience. MPEG and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party. 18.2. Termination for Cause. In the event of material breach of this Agreement, the party not breaching the Agreement may terminate it upon 10 days written notice delivered or mailed to the other party. The termination notice shall state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 10-day period. 18.3. Payment on Termination. Following termination other than for MPEG’s material breach of this Agreement, Client will pay MPEG for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with MPEG’s then current Schedule of Charges. 19. DISPUTES 19.1. Mediation. All disputes between MPEG and Client are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. 19.2. Precondition to Other Action. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. 19.3. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the state in which the Project is located. Unless the parties agree otherwise, any mediation or other legal proceeding will occur in the state in which the Project is located. 19.4. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of MPEG’s Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims. 20. MISCELLANEOUS 20.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows. 20.2. Modification of this Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. 20.3. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand delivered to the recipient or delivered by first-class mail (postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement. 20.4. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement. 20.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. End of General Conditions Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES January 2025 8 of 8 MILLER PACIFIC ENGINEERING GROUP a California corporation SCHEDULE OF CHARGES PROFESSIONAL ENGINEERING AND TESTING SERVICES Professional and Technical Personnel Hourly Rate Project Assistant/Word Processor ....................................................................................................... $105 Engineering Technician ........................................................................................................................ $135 Senior Technician ................................................................................................................................. $155 Prevailing Wage ................................................................................................................................... $175 Staff Engineer/Geologist ...................................................................................................................... $175 Project Engineer/Geologist .................................................................................................................. $205 Senior Engineer/Geologist ................................................................................................................... $225 Associate Engineer/Geologist ............................................................................................................. $265 Principal Engineer/Geologist ............................................................................................................... $300 A La Carte Laboratory Testing (Will be charged at the hourly rate above unless otherwise noted in the Agreement and Proposal) Modified 4 in. Compaction Curve/Checkpoint ASTM D 1557 ...........................$350/$200 Sieve Analysis (w/ -200 wash) ASTM D 422 ...................................... $200 Minus 200 Sieve Wash ASTM D 1140 .................................... $150 Atterberg Limits ASTM D 4318 .................................... $300 Expansion Index ASTM D 4829 .................................... $350 Moisture Content/Density ASTM D 2937 ...................................... $75 Unconfined Compression ASTM D 2166 .................................... $150 Hydrometer ASTM D4829 ..................................... $250 Reporting Fee ........................................................................................................ $100 per test request Transportation Fee (for samples dropped off at Novato/Napa Office) .............................................. $50 Rush Testing ................................................................... Add 50% to the Total of all Laboratory Testing Other Inside Charges Mileage ............................................................................................................. IRS Rate + 20% per mile Vehicle (Field) ........................................................................................................................ $9 per hour Nuclear Density Gauge .........................................................................................................$10 per test Inclinometer ........................................................................................... $160 per day / $90 per half day Laser Level/Floor Level ........................................................................................................ $25 per day Sampling Equipment ..................................................................................... $50 per day / $30 half day Outside Services ................................................................................................................................. Cost + 20% Includes exploration equipment, instrumentation, in-situ monitoring, outside/specialized laboratory testing, per diem, shipping, courier/delivery services, outside reproduction, and other services and supplies not normally provided. *NOTES: 1. Field site visits and travel time are normal hourly rates, portal to portal. 2. Overtime – Weekday add $40 Overtime – Weekend/Holiday/Night add $50* *(4- and 8-hour minimums) 3. Rates are for normal Geotechnical Engineering and Geological services. Rates for depositions and testimony are $600 per hour for Principal; $530 per hour for Associate; and $450 per hour for Senior. All other personnel are $400 per hour. These fees are due and payable at the time of service. 4. Schedule of charges is effective as of January 2025. It is subject to revision annually and at other times without notice. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C Date:6/06/25 Project Number:25-13632 By:sas Task Description $290 $260 $220 $200 $170 $150 $130 $100 1.0 Background Review 1 2.0 Site Visit / USA 2 3 3.0 Permitting 1 2 4.0 Drilling 1 9 5.0 Lab 1 8 6.0 CAD 6 7.0 Subtotal Hours 6 0 0 2 18 8 0 0 Subtotal Dollars 1,740$ -$ -$ 400$ 3,060$ 1,200$ -$ -$ OVERTIME - PREMIUM Hrs Unit $Amt $ Weekday and Saturday Add 0 $35 -$ Sunday/ Holiday / Night Add 0 $45 -$ Total Personnel Hours:34 Total Personnel Dollars:6,400$ Item Quantity Units Unit $Amount $ Vehicle - Time - Field 9 Hours 9.00$ 81$ Vehicle - Mileage 30 Miles 0.80$ 24$ Nuclear Density Gage Test 10.00$ -$ Sampling or Video Equipment 1 Days 50.00$ 50$ Inclinometer Days 160.00$ -$ Incliniometer pipe and grout Feet 15.00$ -$ Manhole Covers 6" x 7.5"Each 70.00$ -$ Specialty Software Flat Rate 100.00$ -$ Total Other Charges:155$ Task Description Quantity Unit Unit $Amount $ 1.0 Exploration (borings) Regular Hours 300$ -$ 2.0 Exploration (borings) Prevailing Wage 8 Hours 350$ 2,800$ 3.0 Exploration (borings) Mob 1 Each 500$ 500$ 4.0 Exploration Support Truck Day 220$ -$ 5.0 Exploration (CPTs) Prevailing wage surcharge Hours 160$ -$ 6.0 Exploration Mob-DeMob Each 120$ -$ 7.0 Lab - corrosivity Test 200$ -$ 8.0 Lab - R-Value Test 410$ -$ 9.0 Lab - TXICU - PP Test 670$ -$ 10.0 Traffic Control 1 Day 2,100$ 2,100$ 11.0 Permit 1 Each 700$ 700$ Overhead:20% Total Outside Cost:7,320$ Subtotal:13,875$ Contingency:5%694$ Total Project Costs:14,569$ Use for Budget:14,600$ Rev: MPEG 3/24 Word Processor OTHER CHARGES OUTSIDE AND SUBCONTRACT COSTS JTO, NAR, TWM, BPC ELG, JPD, LUB, EJF MLT, SEM Principle Eng/Geol Associate Eng/Geol Senior Eng/Geol Project Eng/Geol Staff Eng/Geol Senior Technician Eng Technician MILLER PACIFIC ENGINEERING GROUP Budget Estimate Worksheet City of San Rafael Courtright and Pearce Slope Stabilization PERSONNEL COST SAS, MPM, DSC, EAD BSP, MFJ RCA, NGK MMC, ZMS, EIC BDH, CMS, RJA, QHC, RKC Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Rev. Jan. 2023 Page 1 of 8 SERVICE LEVEL AGREEMENT BY AND BETWEEN THE CITY OF SAN RAFAEL AND MILLER PACIFIC ENGINEERING GROUP For Professional Services THIS AGREEMENT is entered into as of ______________ (“Effective Date”) between the City of San Rafael, a California municipal corporation (“City”), and Miller Pacific Engineering Group. (“Consultant”). The City and Consultant may be referred to individually as a “party” or collectively as the “parties”. RECITALS A. The City wishes to contract for the provision of professional services, as described in individual “Task Orders” to be issued by the City during the Term of this Agreement. B. Consultant represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide professional services of the quality and type which meet objectives and requirements of the City and that are within the scope of services to be performed under this Agreement. NOW, THEREFORE, in consideration of the terms and conditions contained in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the professional services, to include geotechnical engineering services, as requested and described in a Task Order issued for such services by the City, and shall coordinate activities so the project that is the subject of each Task Order is completed according to the City’s requirements. a. Task Orders. It is understood and agreed that each Task Order shall list the scope of services to be performed, the schedule for performance, any special conditions, and the form, amount, and conditions of compensation for services. A Task Order is effective only when signed by authorized representatives of Consultant and the City. The City shall designate a Project Manager who shall be fully acquainted with the project and have authority within the limits of City policy to render decisions promptly. Each Task Order, when issued, shall become a part of and incorporated into this Agreement. The City will cooperate with Consultant and provide reasonable access to the site. Upon written request, the City shall provide all reasonably available information including reports, preliminary plans, maps, surveys, and other related information regarding its requirements for a project that is the subject of a Task Order. Consultant may reasonably rely on the accuracy and completeness of the information provided. 05/08/2024 Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Rev. Jan. 2023 Page 2 of 8 b. Performance. Consultant shall perform the services described in the Task Order. The time of performance of the services under this Agreement is important to the City, and all time deadlines identified in the Task Order shall be strictly construed. 2. Compensation and Payment. a. Compensation. As consideration for services, City agrees to pay Consultant, and Consultant agrees to accept from City as full compensation for the services, a fee that does not exceed the total budgeted amount detailed in each Task Order. Each Task Order may reflect either a fixed fee amount or an hourly rate. The rates shall include all direct and indirect charges to each Task Order, except as noted in the Task Order. Consultant may not adjust their hourly rate schedule more than once annually, such adjustment to be approved by the City in Task Order(s). b. Payment. Consultant shall bill City monthly, and City agrees to pay the invoice within 30 days of receipt. Each payment shall be for the invoiced amount, with no retention. 3. Term; Termination. a. Term. The term of this Agreement shall be three (3) years beginning on the Effective Date of this Agreement. b. Termination. Either party may terminate the Agreement by giving seven days written notice to the other party. If City sends a termination notice, Consultant shall stop work at the stage directed by the City, and shall deliver all drawings, specifications, and documentation developed as of that time. Consultant shall accept as full payment either: (i) if the Task Order indicated an hourly rate, payment based on the hours worked up to the time of termination; or (ii) if the Task Order indicated a fixed fee, a pro-rata share of the total Agreement based on the portion of work actually performed. 4. Professional Efforts; Responsible Personnel. Consultant shall perform all services required under this Agreement in the manner and according to the standards observed by a competent Bay Area practitioner of the profession in which Consultant is engaged. All products that Consul tant delivers to City shall conform to the standards of quality normally observed by a person practicing in Consultant’s profession. The City shall be the sole judge as to whether the product of the Consultant is satisfactory. Consultant shall be liable and, upon demand, shall reimburse City for additional costs incurred by the City as a result of Consultant’s errors or omissions. Consultant makes no other warranty, express or implied. Consultant represents that it and its employees are fully qualified to perform the services under this Agreement. Consultant represents and warrants to the City that Consultant has, and at all times during the performance of this Agreement shall maintain, all licenses, permits, qualifications, and approvals that are required for Consultant to practice Consultant’s profession. Consultant shall assign only competent personnel to perform services under this Agreement. If the City, in its sole discretion, at any time, desires the removal of any person or persons assigned by Consultant to perform services under this Agreement, Consultant shall remove any such person immediately upon receiving notice from the City. Consultant shall, at its sole cost, expense, and liability, furnish all facilities and equipment that may be required for furnishing services under this Agreement. 5. Independent Contractor. Consultant, its agents, employees and independent contractors are and shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Rev. Jan. 2023 Page 3 of 8 its officers or employees shall have any control over the manner by which the Consultant performs this Agreement and shall only dictate the results of the performance. Consultant shall not represent that Consultant, or its agents, employees or independent contractors, are agents or employees of the City. Consultant is responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Consultant shall obtain no rights to retirement benefits or other benefits that accrue to City’s employees, and Consultant hereby waives any claim it may have to any such rights. Except as the City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of the City or to bind the City to any obligation. 6. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the geographical areas likely to be covered by this Agreement, or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Agreement. Consultant further covenants and represents that, in the performance of its duties, no person having any such interest shall perform any services under this Agreement. If Consultant is determined to be a “Consultant” or a “designated employee” within the meaning of the Political Reform Act, Consultant will comply with the requirements of that Act by submitting a Statement of Economic Interest Form 700. (2 Cal. Code of Regs.§18701(a)(2).) 7. Accounting Records. The Consultant agrees to maintain all records and other evidence pertaining to costs incurred and work performed under this Agreement and shall make them available at the Consultant’s office during the Agreement period and thereafter for a period of three years from the date of receipt of final payment. 8. Ownership of Documents and Data. All data, maps, photographs, and other material collected or prepared under this Agreement, and all documents of any type developed or obtained by Consultant in the performance of this Agreement, shall become the property of the City. Any re -use of designs without Consultant's written authorization will be at the City's risk. 9. Indemnification. a. Except as otherwise provided in subparagraph b., Consultant shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation (collectively “Liabilities”), arising out of Consultant’s performance of its obligations or conduct of its operations under this Agreement. The Consultant’s obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Consultant’s indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Consultant’s work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Consultant’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of or operations under this Agreement, Consultant shall provide a defense to the City Indemnitees or at Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Rev. Jan. 2023 Page 4 of 8 City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. b. Where the services to be provided by Consultant under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, Consultant shall indemnify and hold harmless the City Indemnitees from and against any Liabilities, 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. 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. 10. Insurance. Consultant shall procure and maintain at its sole cost for the duration of this Agreement the following insurance: a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001). (2) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). (3) Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. (4) Errors and omissions/Professional liability insurance for all design professionals such as architects, landscape architects or engineers. b. Minimum Limits of Insurance. Consultant shall maintain policy limits of no less than: (1) Commercial General Liability: $1,000,000 per occurrence/$2,000,000 aggregate, for death, bodily injury, personal injury, or property damage. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers’ Compensation and Employers Liability: If it employs any person, Consultant shall maintain workers’ compensation insurance, as required by the State of California, with statutory limits, and employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. Consultant’s workers’ compensation Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Rev. Jan. 2023 Page 5 of 8 insurance shall be specifically endorsed to waive any right of subrogation against the City. (4) Errors and Omissions/Professional Liability: $1,000,000 per occurrence/$2,000,000 aggregate. c. Deductibles and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Requirements. The insurance coverage required of Consultant shall also meet the following requirements: (1) Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. (2) The additional insured coverage under Consultant’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by City and shall not call upon City’s insurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in Consultant’s policies shall be at least as broad as 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 Agreement, Consultant hereby grants to City a waiver of any right to subrogation which any insurer of Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. (5) If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. (6) The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. (7) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self- insurance shall be called upon to protect it as a named insured. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Rev. Jan. 2023 Page 6 of 8 (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. e. Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating of no less than A: VII. f. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 11. Miscellaneous provisions. a. Notice. Any notice to be given under this Agreement shall be given by enclosing it in a sealed envelope, first-class postage prepaid, and depositing it in the United States mail, addressed to the party at the following address. Notice shall be deemed received three business days after mailing, or upon personal delivery. CITY: City of San Rafael Attn: Joanna Kwok, Assistant Director 111 Morphew Street San Rafael, CA 94901 CONSULTANT: Miller Pacific Engineering Group Attn: Scott Stephens 504 Redwood Blvd, Suite 220 Novato, CA 94947 b. Assignment. This Agreement contemplates the personal services of Consultant and its employees and it is understood by both parties that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. Consultant shall not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the City. c. Business License. Consultant shall obtain a City business license before beginning work under this Agreement. d. Prohibited Interests. No officer or employee of the City shall have any direct financial interest in this Agreement. This Agreement shall be voidable at the option of the City if this provision is violated. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Rev. Jan. 2023 Page 7 of 8 e. Governing Law; Litigation Expenses. California law shall govern this Agreement. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in the County of Marin, California. f. Incorporation. The Preamble, the Recitals, Exhibits, and Task Orders issued hereunder are incorporated into this Agreement by this reference. If there is a conflict between the body of this Agreement and an exhibit prepared by Consultant, the body of the Agreement shall control. g. Severability. Should any part of this Agreement be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. h. Authority. All parties executing this Agreement represent and warrant that they are authorized to do so. i. Entire Agreement; Amendments. This Agreement is the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement may be amended only by written agreement signed by both parties. j. Non-waiver. A party's waiver of any term shall not be deemed a continuing waiver or a waiver of any other term. k. Counterparts. This Agreement may be executed in counterparts. [Signatures are on the following page.] Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C City of San Rafael Service Level Agreement Rev. Jan. 2023 Page 8 of 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 _________________________________ By: GENEVIEVE COYLE, Assistant 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: ____________________________ Scott A. Stephens (Apr 25, 2024 11:55 PDT) Scott A. Stephens Miller Pacific Engineering Group Scott A. Stephens President Miller Pacific Engineering Group Nathan Klemin Senior Engineer r$st$ne A'$'o1$ch (4 ч, 2024 21:02 PDT) )ULstLne AOLOoYLch renn 0r($ (!or) (4 ш, 2024 0ц:5ц PDT) (UennD 4XUPL IoU Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C MILLER PACIFIC ENGINEERING AND TESTING SERVICES MPEG SOC September 2023 MILLER PACIFIC ENGINEERING GROUP a California corporation SCHEDULE OF CHARGES PROFESSIONAL ENGINEERING AND TESTING SERVICES Professional and Technical Personnel Hourly Rate Project Assistant/Word Processor .................................................................................................. $100 Engineering Technician .................................................................................................................. $130 Senior Technician ........................................................................................................................... $150 Prevailing Wage ............................................................................................................................. $170 Staff Engineer/Geologist ........................................................................................................................... $170 Project Engineer/Geologist ............................................................................................................. $200 Senior Engineer/Geologist .............................................................................................................. $220 Associate Engineer/Geologist ........................................................................................................ $260 Principal Engineer/Geologist .......................................................................................................... $290 A La Carte Laboratory Testing (Will be charged at the hourly rate above unless otherwise noted in the Agreement and Proposal) Modified 4 in. Compaction Curve/Checkpoint ASTM D 1557................................ $350/$200 Sieve Analysis (w/ -200 wash) ASTM D 422 ........................................... $200 Minus 200 Sieve Wash ASTM D 1140 ......................................... $150 Atterberg Limits ASTM D 4318......................................... $300 Expansion Index ASTM D 4829......................................... $350 Moisture Content/Density ASTM D 2937........................................... $75 Unconfined Compression ASTM D 2166......................................... $150 Hydrometer ASTM D4829.......................................... $250 Reporting Fee ............................................................................................................. $100 per test request Transportation Fee (for samples dropped off at Novato/Napa Office) .................................................. $50 Rush Testing ........................................................................ Add 50% to the Total of all Laboratory Testing Other Inside Charges Mileage ................................................................................................................................... $0.80 per mile Vehicle (Field) ............................................................................................................................. $9 per hour Nuclear Density Gauge .............................................................................................................. $10 per test Inclinometer ................................................................................................ $160 per day / $90 per half day Laser Level/Floor Level .............................................................................................................. $25 per day Sampling Equipment ........................................................................................... $50 per day / $30 half day Outside Services ...................................................................................................................................... Cost + 20% Includes exploration equipment, instrumentation, in-situ monitoring, outside/specialized laboratory testing, per diem, shipping, courier/delivery services, outside reproduction, and other services and supplies not normally provided. *NOTES: 1. Field site visits and travel time are normal hourly rates, portal to portal. 2. Overtime – Weekday add $35 Overtime – Weekend/Holiday/Night add $45* *(4- and 8-hour minimums) 3. Rates are for normal Geotechnical Engineering and Geological services. Rates for depositions and testimony are $580 per hour for Principal; $520 per hour for Associate; and $440 per hour for Senior. All other personnel are $350 per hour. These fees are due and payable at the time of service. 4. Schedule of charges is effective as of September 2023. It is subject to revision annually and at other times without notice. Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C 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. 7/27/2023 ☐ ☒NT 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 7/27/2023 7/27/2023 ☒ NT ☒ NT 3 Department Director Approval of final agreement form to send to contractor 7/31/2023 ☒ AM 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 8/17/2023 ☒ 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: Nataly Torres (for Joanna Kwok) Extension: 3353 Contractor Name: Miller Pacific Engineering Group Contractor’s Contact: Scott Stephens Contact’s Email: sstephens@millerpac.com ☐ FPPC: Check if Contractor/Consultant must file Form 700 Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C 2024 SLA - Miller Pacific Engineering Group Final Audit Report 2024-05-09 Created:2024-04-25 By:Shannon Mackle (shannon.mackle@cityofsanrafael.org) Status:Signed Transaction ID:CBJCHBCAABAAu11KR_Mqtqa9j-e3FS-5MDCdPuYqSHqT "2024 SLA - Miller Pacific Engineering Group" History Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-04-25 - 2:51:04 PM GMT Document emailed to Scott A. Stephens (sstephens@millerpac.com) for signature 2024-04-25 - 2:51:09 PM GMT Document shared with Jonathan Schellin (jonathans@cityofsanrafael.org) by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-04-25 - 2:51:47 PM GMT Email viewed by Scott A. Stephens (sstephens@millerpac.com) 2024-04-25 - 6:55:02 PM GMT Document e-signed by Scott A. Stephens (sstephens@millerpac.com) Signature Date: 2024-04-25 - 6:55:21 PM GMT - Time Source: server Document emailed to Nathan Klemin (nklemin@millerpac.com) for signature 2024-04-25 - 6:55:23 PM GMT Email viewed by Nathan Klemin (nklemin@millerpac.com) 2024-05-01 - 2:03:15 PM GMT Document e-signed by Nathan Klemin (nklemin@millerpac.com) Signature Date: 2024-05-01 - 2:04:07 PM GMT - Time Source: server Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-05-01 - 2:04:09 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-05-01 - 3:46:13 PM GMT Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-05-01 - 5:20:34 PM GMT - Time Source: server Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-05-01 - 5:20:35 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-05-07 - 7:57:45 PM GMT Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-05-07 - 7:58:20 PM GMT - Time Source: server Document emailed to city.clerk@cityofsanrafael.org for approval 2024-05-07 - 7:58:22 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-05-07 - 10:27:06 PM GMT Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-05-07 - 10:27:15 PM GMT Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2024-05-07 - 10:27:17 PM GMT - Time Source: server Document emailed to Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) for signature 2024-05-07 - 10:27:19 PM GMT Email viewed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) 2024-05-09 - 4:02:38 AM GMT Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-05-09 - 4:02:53 AM GMT - Time Source: server Document emailed to city.clerk@cityofsanrafael.org for signature 2024-05-09 - 4:02:55 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-05-09 - 2:57:32 PM GMT Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-05-09 - 2:57:51 PM GMT Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-05-09 - 2:57:53 PM GMT - Time Source: server Agreement completed. 2024-05-09 - 2:57:53 PM GMT Docusign Envelope ID: D68F97A3-61CB-419B-8F9B-2C497B76119C Certificate Of Completion Envelope Id: D68F97A3-61CB-419B-8F9B-2C497B76119C Status: Completed Subject: DocuSign: Task Order with Miller Pacific Engineering Group for Geotechnical Services Source Envelope: Document Pages: 29 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) 111 Morphew St San Rafael, CA 94901 shannonm@cityofsanrafael.org IP Address: 69.181.69.46 Record Tracking Status: Original 6/27/2025 4:24:18 PM Holder: Shannon Mackle shannonm@cityofsanrafael.org Location: DocuSign Signer Events Signature Timestamp Joanna Kwok joannak@cityofsanrafael.org City Engineer - Assistant Director Public Works City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.89.34 Sent: 6/30/2025 1:47:30 PM Viewed: 6/30/2025 2:47:10 PM Signed: 6/30/2025 2:48:13 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Nataly Torres natalyt@cityofsanrafael.org Administrative Analyst City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 6/30/2025 2:48:15 PM Viewed: 6/30/2025 3:15:18 PM Signed: 6/30/2025 3:15:47 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Van Bach vanb@cityofsanrafael.org Accounting Manager City of San Rafael Signing Group: Finance Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 6/30/2025 2:48:15 PM Viewed: 6/30/2025 3:03:32 PM Signed: 6/30/2025 3:03:42 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Scott Stephens sstephens@millerpac.com President Miller Pacific Engineering Group Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.79.212.73 Sent: 6/30/2025 3:15:49 PM Viewed: 7/2/2025 11:32:55 AM Signed: 7/2/2025 11:35:27 AM Electronic Record and Signature Disclosure: Accepted: 7/2/2025 11:32:55 AM ID: 867a1e4c-2de8-4ad9-a76d-06c31a58c599 Signer Events Signature Timestamp Nate Klemin nklemin@millerpac.com Associate Engineer Miller Pacific Engineering Group Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 96.74.78.225 Sent: 7/2/2025 11:35:29 AM Viewed: 7/2/2025 11:41:06 AM Signed: 7/2/2025 11:42:10 AM Electronic Record and Signature Disclosure: Accepted: 7/2/2025 11:41:06 AM ID: bbe86151-edb7-4dd4-b7e0-0b9e71f65405 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: 2601:645:b00:cd60:393d:5a80:bcff:be73 Sent: 7/2/2025 11:42:14 AM Viewed: 7/6/2025 7:19:24 PM Signed: 7/6/2025 7:20:00 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Nataly Torres natalyt@cityofsanrafael.org Administrative Analyst City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 7/2/2025 11:42:14 AM Viewed: 7/3/2025 3:25:55 PM Signed: 7/3/2025 3:26:22 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:f87e:fc75:a27a:e5ca Sent: 7/6/2025 7:20:02 PM Viewed: 7/7/2025 8:58:35 PM Signed: 7/7/2025 8:58:54 PM 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: 7/7/2025 8:58:56 PM Viewed: 7/8/2025 12:00:08 PM Signed: 7/8/2025 12:15:21 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status 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: 6/30/2025 8:44:50 AM Viewed: 6/30/2025 10:36:35 AM Completed: 6/30/2025 1:47:29 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 Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/30/2025 8:44:50 AM Envelope Updated Security Checked 6/30/2025 1:22:51 PM Envelope Updated Security Checked 6/30/2025 1:24:30 PM Envelope Updated Security Checked 6/30/2025 1:24:30 PM Certified Delivered Security Checked 7/8/2025 12:00:08 PM Signing Complete Security Checked 7/8/2025 12:15:21 PM Completed Security Checked 7/8/2025 12:15:21 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of San Rafael (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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