The URL can be used to link to this page

Home My WebLink AboutPW Service Level Agreement; Task Order No. 150; Surveying for Public Works EV Charging Site 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. December 10, 2024 25,898 June 11, 2025 Jonathan Schellin 150 CSWST2 CSWST2 Josh Woelbing Surveying for Public Works EV Charging Site Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F L8.0018.T150 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. 25,898 Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F 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: C62511B7-A916-45FA-B76A-1D9E41699B9F CSW Stuber Stroeh Engineering Group, Inc. Robert Stevens President/CEO Linda Schmid CFO Linda Schmid Chief Assistant City Attorney Andrea Visveshwara City Manager Cristine Alilovich July 8, 2025 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: CSW|ST2 to provide surveying services that include topographic mapping, boundary survey and utility locating in support of the City’s charging site project located at 111 Morphew Street in San Rafael, CA. 2. Specific Tasks: As part of the Scope of Work, the Contractor shall perform the following tasks: 2.1 Task 1 – CSW|ST2 will conduct a boundary survey of 111 Morphew Street, searching the public records and unrecorded documents as necessary. 2.2 Task 2 – CSW|ST2 will conduct a topographic survey of a portion of 111 Morphew Street the extent of which is shown on the attached sketch below. The topographic survey will be done conventionally (no aerial data) and will establish vertical control datum via GPS equipment using the California Real Time Network (CRTN) with a GPS network rover or using a static GPS receiver and processing through OPUS. The topographic survey will include property lines determined from the boundary survey retracement described in Task 1. 2.3 Task 3 – CSW|ST2 will engage Bess Test Labs for utility locating. 2.4 Task 4 – CSW|ST2 will locate paint markings with traditional equipment or via drone to capture all utility markings for various utilities and their depths. CSW|ST2 will also coordinate with sub-consultant on scheduling and deliverables. DELIVERABLES Contractor’s deliverables under the Contract are enunciated throughout the Contract and include but are not limited to the following: Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F 1. Project Deliverables: 1. Boundary Survey in PDF format. 2. Signed and stamped PDF and zip file containing all AutoCAD files of the Topographic Survey Map. 3. CCTV/GPR/Pictures report in PDF format. 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: SCHEDULE CSW|ST2 will spend approximately four to five days in the field to collect all data and two weeks to prepare deliverables once field work is complete. Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F E E E E E PRELIMINARY SITE PLAN 1 SUBMITTALS Project Title Revision:Date: Project No.: Checked By: Designed By: Drawn By: Date:X/XX/24 Copyright NV5, Inc Sheet Title Sheet No. 877.706.6858 www.NV5.com 0 402020 10 SCALE: 1" = 20' PROPOSED POWER CONDUIT/CABLE PRELIMINARY EVSE PORT COUNT & POWER LEVEL . COLOR CODE EV CHARGER TOTAL QTY POWER PER PORT POWER SUBTOTAL 12 16.64KW 200KW 8 196KW 1,568KW TOTAL 20 1,768KW SCOPE OF WORK LEGEND PROPOSED FLEET L2 EV STALL FUTURE FLEET L2 EV STALL 1. NEW ELECTRICAL SERVICE REQUIRED FOR THE SITE. 2. TENTATIVE VEHICLE DEPLOYMENT PLAN SHOWN BELOW. GENERAL NOTES EXISTING UTILITY TRANSFORMER B PROPOSED DUAL PORT EV CHARGER PROPOSED ELECTRICAL SWITCHBOARD EXISTING UTILITY DISTRIBUTION LINE E A (2) FUTURE DUAL-PORT L3 EVSE (3) FUTURE DUAL-PORT L2 EVSE (3) DUAL-PORT L2 EVSE CONDUIT FOR FUTURE PUBLIC EVSE TERMINATE CONDUIT IN A BOX OR STUB-OUT PROPOSED 400A 208/120V DISTRIBUTION PANEL PROPOSED 112.5KVA, 480-208/120V STEP DOWN TRANSFORMER PROPOSED 750KVA, 12/21KV-480/277V PADMOUNT TRANSFORMER EXISTING T1418, 300KVA, 12/21KV-208/120V TRANSFORMER #5 B O X 2 SETS EACH 3-1/0 AL EPR IN 1-4" DUCT PG&E TO REPLACE PRIMARY SPLICES IN EXISTING #5 BOX EXPLORE ABOVE-GRADE CONDUIT OPTIONS TERMINATE IN VAULT FOR FUTURE ABOVE-GRADE EVSE CONDUITS/CHARGERS CONDUIT FOR FUTURE EVSE (2) DUAL-PORT L2 EVSE PROPOSED FLEET L3 EV STALL FUTURE FLEET L3 EV STALL STUB-OUT FOR FUTURE EVSE EXISTING 800A, 480/277V SERVICE PROPOSED 2500A, 480/277V, METER SERVICE - End of Exhibit A - Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F 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: City Council Date: ☐ ___________________ or ☐ Not applicable ☐ FPPC: Check if Contractor must file Form 700 joshw@cswst2.com Shannon Mackle (for Jonathan Schellin) X Josh Woelbing Public Works CSWST2 Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Adaptive Solutions for Resilient Designs 504 Redwood Boulevard, Suite 310 Novato, CA 94947 415.883.9850 www.cswst2.com Berkeley | Novato | Petaluma | Pleasanton | Redwood City | Richmond Date: May 19, 2025 File: 2500108 Jonathan Schellin sent via email: JonathanS@cityofsanrafael.org Deputy Director Admin Services Department of Public Works City of San Rafael (415) 458-3354 SUBJECT: SAN RAFAEL CHARGE SITE 111 MORPHEW ST SURVEY Dear Jonathan: CSW/ST2 appreciates the opportunity to present our proposal for surveying services that include topographic mapping, boundary survey and utility locating in support of the Cities charging site project located at 111 Morphew St in San Rafael, CA. We present our proposed scope of services, schedule, and compensation as follows: SCOPE OF SERVICES A. BOUNDARY SURVEY CSW|ST2 will conduct a boundary survey of 111 Morphew street in San Rafael, CA. We will searched the public record and unrecorded documents as necessary for proper due diligence. We will perform a boundary survey retracement of the certain map entitled “Parcel map of 2350 Kerner Boulevard” recorded in Book 2003 of Parcel Maps, page 136, Marin County records. Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Page 2 This map shows street monuments being set in Kerner Blvd, but very few monuments beyond the street monuments. Looking at google streetview it appears that at least two of the three street monuments still remain. We are assuming that these street monuments will be occupying the same location as shown on the map and that no material discrepancies exist that would require us to file a Record of Survey per state law, specifically, 8762 of the Professional Land Surveyors Act (business and professions code). If we do not recover sufficient monuments curbs would need to be split to retrace the boundary. If any triggers listed under 8762 are triggered we would be required to file a Record of Survey and entitled to additional budget from the City to prepare the map and submit to Marin County Public Works. We are assuming this will not be needed and hoping to avoid those costs. B. TOPOGRAPHIC SURVEY CSW|ST2 will conduct a topographic survey of a portion of 111 Morphew Street the extent of which is shown on the attached sketch. The topographic survey will be done conventionally (no aerial data) and we will establish vertical control datum via GPS equipment using the California Real Time Network (CRTN) with a GPS network rover or using a static GPS receiver and processing through OPUS. Horizontal datum will be a basis of bearing based on found record monuments. After control is established we will come off of said control and collect all surface improvements on the property. Once the field survey is complete we will reduce the collected field data, create CAD line work, build a surface, and generate contours for the topographic base drawing. Once the base is complete we will create a Topographic Map with annotation, notes, and spot elevations. The Topographic Map will be prepared on a 24”x36” sheet at an appropriate engineering scale of 1”=20’ or 1”=30’. The field survey and topographic map will collect and depict the following: 1. Horizontal Datum on California State Plane Coordinates, North American Datum of 1983 (NAD83), Zone 3 or a basis of bearings based on record monuments from the subdivision map that created the property. 2. Vertical Datum on North American Vertical Datum of 1988 (NAVD88) tied into previous CSW|ST2 surveys GPS control network 3. One foot contours 4. Spot Elevations on hardscape, features, flat areas, grade breaks, etc. 5. Retaining walls, seat walls, decorative walls, etc. 6. Fences 7. Concrete and pavement areas 8. Curbs and pathways 9. Observed surface utilities (utility boxes, vaults, meters, valves, etc.) 10. Drainage structures with rim/grate elevation and bottom of structure (if accessible) 11. Sewer structures such as man holes, and cleanouts with rim elevation 12. Trees greater than 6” in diameter (measured at 3’ above ground) 13. Building Corners and structures 14. ADA ramps Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Page 3 Deliverable: Signed and stamped PDF and a zip file containing all the AutoCAD files of the Topographic Survey Map. C. BESS TEST LABS – SUB-CONSULTANT PROVIDING UTILITY LOCATING CSW|ST2 will engage Bess Test Labs for utility locating. You can see their proposal attached. Bess Test Labs will be locating utilities using a variety of equipment including GPR, CCTV pipe inspection with main line crawler unit, EM pipe locators, etc. The site will be marked with paint for various utilities and they will also prepare a GPR and CCTV report to document their findings. Once their locating and paint marks are complete CSWST2 will mobilize on site to locate markings per scope of services item D below. D. LOCATE PAINT MARKINGS FROM UTILITY LOCATING CSW|ST2 will locate paint markings with traditional equipment or via drone to capture all utility markings for various utilities and their depths. We will also coordinate with our sub-consultant on scheduling and deliverables. SCHEDULE CSW/ST2 can begin work within 1 to 1.5 weeks of notice to proceed. We anticipate needing four to five days in the field to collect all data and two weeks to prepare deliverables once field work is complete. COMPENSATION CSW/ST2 agrees to provide the services described above for a total fixed fees of $15,932. The following summarizes the budgets per task: Task Description Cost A.Boundary Survey $3,880 B.Topographic Survey $7,968 C.Bess Test Labs – Utility Locating $9,966 D.Locating utility markings $3,984 RE Re-imbursables $100 A through D and RE $15,932 CLIENT TO PROVIDE The following is a list of items to be provided to us in order to perform the above Scope of Services: • Executed Contract • Purchase order/contract from City of San Rafael based on our letter proposal • Access to the site • Payment of all Government, Agency or other fees (if ever needed) _________ Corrected total is $25,898 Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Page 4 ASSUMPTIONS In preparation of this scope of work, we have made the following assumptions. 1. Agency fees will be paid by others if any are ever triggered. 2. If a Record of Survey is required, it will be extra work and CSW/ST2 will be entitled to additional compensation. ADDITIONAL SERVICES CSW|ST2 agrees to perform all of the items listed in the Scope of Services. However the following items are excluded from the Scope of Services of this contract. They may be added at the request of the Owner as a revision to this proposal, or under a future proposal or amendment. Fees for these services will be billed on a time and expense basis, in accordance with our then current Hourly Rates and Billing Policy, with a budget estimate provided or for a fixed fee based upon a defined scope of work. Additional items CSW|ST2 can provide include (but are not limited to): • Additional Topography • Record of Survey • Legal Descriptions • Civil Engineering Design • Landscape architecture services SERVICES AND STANDARD OF CARE CSW/ST2’s services shall be limited to those expressly set forth above. We shall have no other obligations or responsibilities for the project except as agreed to in writing, or as provided in this agreement. CSW/ST2’s services shall be provided consistent with, and limited to, the standard of care applicable to such services. CSW/ST2 shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. CSW|ST2 provides services for a variety of agencies and clientele in this vicinity. To our knowledge, none present a conflict of interest to our serving on this project team. If you have specific concerns, please call and I will provide any additionally required information. Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Page 5 Thank you for the opportunity in supporting the development of your project. We look forward to working with you and your team. If I can provide any additional information, please contact me at (707) 479-5112 or by email at joshw@cswst2.com. Sincerely, CSW/ST2 Josh Woelbing Senior Project Manager / Survey Manager P.L.S. #9387 s.U.A.S. Remote Pilot #4117625 Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F E E E E E PRELIMINARY SITE PLAN 1 SUBMITTALS Project Title Revision:Date: Project No.: Checked By: Designed By: Drawn By: Date:X/XX/24 Copyright NV5, Inc Sheet Title Sheet No. 877.706.6858 www.NV5.com 0 402020 10 SCALE: 1" = 20' PROPOSED POWER CONDUIT/CABLE PRELIMINARY EVSE PORT COUNT & POWER LEVEL . COLOR CODE EV CHARGER TOTAL QTY POWER PER PORT POWER SUBTOTAL 12 16.64KW 200KW 8 196KW 1,568KW TOTAL 20 1,768KW SCOPE OF WORK LEGEND PROPOSED FLEET L2 EV STALL FUTURE FLEET L2 EV STALL 1. NEW ELECTRICAL SERVICE REQUIRED FOR THE SITE. 2. TENTATIVE VEHICLE DEPLOYMENT PLAN SHOWN BELOW. GENERAL NOTES EXISTING UTILITY TRANSFORMER B PROPOSED DUAL PORT EV CHARGER PROPOSED ELECTRICAL SWITCHBOARD EXISTING UTILITY DISTRIBUTION LINE E A (2) FUTURE DUAL-PORT L3 EVSE (3) FUTURE DUAL-PORT L2 EVSE (3) DUAL-PORT L2 EVSE CONDUIT FOR FUTURE PUBLIC EVSE TERMINATE CONDUIT IN A BOX OR STUB-OUT PROPOSED 400A 208/120V DISTRIBUTION PANEL PROPOSED 112.5KVA, 480-208/120V STEP DOWN TRANSFORMER PROPOSED 750KVA, 12/21KV-480/277V PADMOUNT TRANSFORMER EXISTING T1418, 300KVA, 12/21KV-208/120V TRANSFORMER #5 B O X 2 SETS EACH 3-1/0 AL EPR IN 1-4" DUCT PG&E TO REPLACE PRIMARY SPLICES IN EXISTING #5 BOX EXPLORE ABOVE-GRADE CONDUIT OPTIONS TERMINATE IN VAULT FOR FUTURE ABOVE-GRADE EVSE CONDUITS/CHARGERS CONDUIT FOR FUTURE EVSE (2) DUAL-PORT L2 EVSE PROPOSED FLEET L3 EV STALL FUTURE FLEET L3 EV STALL STUB-OUT FOR FUTURE EVSE EXISTING 800A, 480/277V SERVICE PROPOSED 2500A, 480/277V, METER SERVICE Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Date:May 19, 2025 Customer:CSW/ST2 Site:San Rafael Public Works Ref. No.: Requestor:Josh Woelbing, PLS Email:joshw@cswst2.com Code Service Description Qty Unit Unit Price Sub-Total PM-100 Project Manager 2 HR 200.00 400.00$ PM-101 Project Coordination 2 HR 150.00 300.00$ SC-106 CCTV Deliverable Report/Pictures 2 HR 110.00 220.00$ MOB 2 Person CCTV Pipe Inspection w/ Main Line Crawler Unit - Mobilization 4 EA 114.00 684.00$ SC-100 2 Person CCTV Pipe Inspection w/ Main Line Crawler Unit 2 DAY 3,096.00 6,192.00$ L-100 1 Person Utility Designation W/GPR& EM Pipe Locator 10 HR 195.00 1,950.00$ S-100 GPR/Pictures Deliverable Report 2 HR 110.00 220.00$ TOTAL By: • Outside reproductions, shipping, services and consultants will be charged at cost plus 10%. • CDF, Slurry, asphalt, concrete, class II bed rock, certified traffic control plans, core bits & saw blades, other materials/supplies will be charged at cost plus 10%. • Cost of normal field supplies are included in the hourly rates. Project Description: I,the undersigned,have read,reviewed and accept the attached proposal,including attachments,and authorize Bess Testlab, Inc. to proceed with the work described above as witnessed and attested by my signature below. Rates and Reimbursable Expenses: • Overtime applies after 8 hours of work and weekends. • Hourly rates are portal to portal from our nearest office with in 50 miles. Travel rates apply over 50 miles • Lodging and meals, when necessary, will be charged at cost plus 10%, unless specified otherwise. • Hourly rates apply to day shift (typical BESS day shift hours are 7:00 AM to 4:30 PM). Bess to Mark/Locate all utilities at 111 Morphew Site (see attached exhibit). Bess to provide estimated depths for all utilities. Bess will provide PDF GPR/CCTV/Pictures deliverable report upon completion of job. Assumptions: CCTV will be able to locate sewer and storm inside the scope of work of 111 Morphew Site, meaning CCTV will have access points for both sewer and storm drain inside the scope of work without having to leave any of the sites to find access points. Also, sewer and storm drain will NOT have any debri or obstructions otherwise we will need to Hydroflush both the sewer and storm to gain access, which Hydroflush is NOT included in the proposal. • Prevailing wage and night rates will apply when necessary. • Mileage expenses, if applicable, shall not exceed the rate established by the IRS for the current year. 9,966.00$ (Print or Type Name) Title: (Signature)(Date) (Print or Type Title) Standard Quote No.: City: County: Phone No.: Fee Rate: AD-05-19-2025-Revised San Rafael Marin 707-479-5112 Hayward (Corporate)|Fresno |Los Angeles |T.(408)988-0101 |F.(408)988-0103 Utility Locating -Ground Penetrating Radar (GPR)-Electromagnetic Pipe Locators Structural Concrete Scanning -Potholing Vacuum Excavation -CCTV Pipe Inspection Mobile LiDAR Scanning -3D Scanning -3D Utility Mapping -www.besstestlab.com Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F BESS TESTLAB, INC. STANDARD AGREEMENT PROVISIONS AND CONDITIONS I. DESCRIPTION OF SERVICES: A. BASIC SERVICES. This contract provides for the performance of services referred to herein as Basic Services. The requirements for performance of said services are limited to those services explicitly stated in this Agreement for Utility Potholing and/or Locating Services. B. ADDITIONAL SERVICES. Any services which may be required after the commencement of the Project and that are not covered in the Agreement, shall be in addition to the Basic Services. Any Additional Services shall qualify for additional compensation at current rates. Any services needed to modify specifications or plans, originally produced as specified in the Contract Documents, in order to bring the construction cost within any limitation established by Client (based on bonafide bid prices) will be considered Additional Services and paid for as such by Client. C. ADDITIONAL WORK AUTHORIZED IN WRITING. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 1. Field Order approved in writing by both parties; 2. Drawing or sample approved in writing by both parties. 3. Issuance of written interpretation of clarification approved in writing by both parties. D. EXCLUSIONS. Unless specifically included in the Basic Services or authorized as Additional Services, the following items are not included: 1. Any work associated with sewage treatment facilities. 7. Any work associated with a Development of Regional 2. Any work associated with water treatment facilities. Impact study. 3. Any work associated with archaeological, biological,8. Topographic and tree survey. ecological or environmental studies. 9. Architectural services. 4. Redesign due to changes imposed upon us by Client 10. Soils investigation and testing. or which may be required in the event additional laws, 11. Dredge and fill permits. regulations or policies and promulgated by governmental 12. Restaking. agencies subsequent to the date of this Agreement. 13. Rezoning and/or land use plan amendment. 5. Preparation of landscape and irrigation plans.14. All permit fees, filing fees, search fees, prints or other 6. Any requested changes after design is complete or out-of-pocket expenses. partially complete.15. Participation in any litigation. NOTE: These items can be provided and will result in additional compensation to Bess Testlab, Inc. if authorized by the Client. II. STANDARD PROVISIONS: A. PROPOSAL EXPIRATION DATE. This proposal will remain valid for a period of ninety (90) days (unless otherwise stated) from the date of this Agreement. The rates and prices quoted on the Project are firm for a period not to exceed one (1) year. Any work required to be performed after that date may have costs adjusted to reflect the prevailing rates at that period of time. B. INSURANCE REQUIRED. The Bess Testlab, Inc. shall carry, at all times, and on all operations hereunder, Workers’ Compensation insurance and general and automobile liability insurance. C. LIMITATIONS OF RESPONSIBILITY. 1. Neither Bess Testlab, Inc. authority to act under this Agreement of elsewhere in the Contract Documents or any decisions made by Bess Testlab, Inc. in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Bess Testlab, Inc. to any Contractor, and Subcontractor, and supplier, or any other person or organization performing any of the Work, or any surety for any of them. 2. Whenever in the Contract Documents the terms as ordered, as directed, as required, as allowed, as approved, or terms of like effect or import are used, or the adjectives reasonable, suitable, acceptable, proper, or satisfactory, or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of Bess Testlab, Inc. as to the Work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the Work for general compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Bess Testlab, Inc. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions in previous paragraphs. 3. Bess Testlab, Inc. will not be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, and Bess Testlab, Inc. will not be responsible for Contractor’s failure to perform or finish the Work in accordance with the Contract Documents. 4. Bess Testlab, Inc. will not be responsible for the acts of omissions of Contractor or any Subcontractor, and Supplier, or of any other person or organization performing or furnishing any of the Work. 5. Payment cannot be withheld for the poor performance of others. Bess Testlab, Inc. is entitled to prompt payment for services rendered regardless of the quantity or quality of work performance by any other Contractor engaged as part of this Project. Poor performance by others shall not be the basis for suspension of payment to Bess Testlab, Inc. 6. It is necessary that Bess Testlab, Inc. be advised in writing at an early date or there are budgetary limitations for the overall Project Cost or Construction Cost. Bess Testlab, Inc. will endeavor to work within those limitations. If requested, and Bess Testlab, Inc. is compensated as Additional Services, Bess Testlab, Inc. will submit opinions as to the probability of completing construction within the budget and, where appropriate, suggest an adjustment in the budget or a revision in the extent or quality of the Project. The Client hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise to design facilities within a cost limitation. If greater assurance as to probable construction costs is necessary, or if formal estimates are required, an independent cost estimator should be employed. D. HAZARDOUS SUBSTANCE. It is understood and agreed that in seeking the professional services of Bess Testlab, Inc. under this Agreement, the Client does not request Bess Testlab, Inc. to undertake uninsurable or potentially uninsurable obligations for the Client’s benefit involving or related in any manner to hazardous substances. Therefore, Bess Testlab, Inc. undertakes no such obligation hereunder, and the Client agrees to hold harmless, indemnify, and defend Bess Testlab, Inc. from and against any and all claims, losses, damages, liability and costs arising out of or in any way connected with the presence, discharge, release or escape of contaminates or hazardous substances of any kind, or environmental liability of any nature, in any manner related to services performed by Bess Testlab, Inc. under this Agreement. E. NOTIFICATION OF DEFECTS. In order to mitigate losses from any claimed deficiency in the service(s) rendered by Bess Testlab, Inc. notification must be promptly given of such claimed deficiencies. F. TERMINATION OF AGREEMENT. 1. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 2. This Agreement may be terminated by the Client upon at least seven (7) days written notice to Bess Testlab, Inc. in the event that the Project is permanently abandoned. 3. In the event of termination not the fault of Bess Testlab, Inc., Bess Testlab, Inc. shall be compensated for all services (Basic Services and Additional Services) performed to termination date, together with any Reimbursable Expenses then due and Termination Expenses of ten percent (10%) of unbilled fees. G. RIGHTS. Failure of either party to enforce any of its right hereunder shall not constitute a waiver of such rights, or any other rights hereunder. H. MISCELLANEOUS PROVISIONS. 1. Bess Testlab, Inc. shall not be liable for failure to perform or for delay in performance of this contract due to fire, flood, strike, to other labor difficulty, act of any governmental authority, riot, embargo, car shortage, wrecks or delay in transportation, or any other unavoidable and unforeseeable cause beyond the reasonable control of either party. 2. This Agreement shall be governed by the laws of the State of California. 3. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have occurred in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Completion, not later than the Date of Issuance of the Final Certificate for Payment. 4. The Client and Bess Testlab, Inc., respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such party with respect to all covenants of this Agreement. Neither Client nor Bess Testlab, Inc. shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 5. As a part of this Agreement, Bess Testlab, Inc. will be allowed to post an aesthetically pleasing sign of appropriate size and professional appearance on the Project site showing scope of services being provided and identifying the Project. 6. This Agreement represents the entire integrated agreement between the Client and Bess Testlab, Inc. and supercedes all prior negotiations, representations Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Client and Bess Testlab, Inc. III.DOCUMENTATION AND WORK PROJECT: A.OWNERSHIP OF WORK PROJECT. All original sketches, tracings, drawings, computations, details, design calculations and other documents and plans that result from Bess Testlab, Inc. services under this Agreement are and remain the property of Bess Testlab, Inc. as instruments of service. Where such documents are required to be filed with governmental agencies, Bess Testlab, Inc. will furnish copies to the Client upon request. B.REUSE OF DOCUMENTS. All documents including drawings and specifications prepared by Bess Testlab, Inc. pursuant to this Agreement are instruments or service in respect to the Project. They are not intended for, or represented to be suitable for, reuse by the Client or to others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Bess Testlab, Inc. for the specific purposes intended will be at Client’s sole risk and without liability or legal exposure to Bess Testlab, Inc. Client shall indemnify and hold Bess Testlab, Inc. harmless from all claims, damages, losses and expenses including all attorney’s fees, trials or appeals arising out of or resulting from any reuse. Any such verification or adaptation for use on extensions of the Project or any other project will entitle Bess Testlab, Inc. to further compensation at rates to be agreed upon by Client and Bess Testlab, Inc. IV.AGENCY AND THIRD PARTIES: A.AGENCY POWER FOR PERMITS, ETC. Bess Testlab, Inc. personnel assigned to the Project are authorized by the Client to serve as his Agent in making application for permits. B.RELATIONSHIP WITH OTHER CONSULTANTS. Where other consultants are assigned to this Project by the Client, Bess Testlab, Inc. is authorized to work directly with said consultants, as required, to perform the service(s) outlined herein. The Client shall insure that such other consultants will be available to Bess Testlab, Inc. as required. C.ADDITIONAL CONSULTANTS. Bess Testlab, Inc. shall obtain separate authorization from the Client before obtaining any required subconsultants other than those required to perform the Basic Services and/or Additional Services specifically stated in the Agreement or any amendment thereto. V.BASIS AND CONDITION OF PAYMENTS: A.MONTHLY INVOICES. Payments for Basic Services shall be billed on a monthly basis for work performed to date and shall be in proportion to services performed. Included in this billing shall be any charges for Additional Services and for Reimbursable Expenses as defined in Paragraph B below. B.REIMBURSABLE EXPENSES. Include actual expenditures made by Bess Testlab, Inc. in the interest of the Project. These expenses may include any of the following: 1.Expense of any additional insurance coverage or limits, including professional liability insurance in excess of that normally carried by Bess Testlab, Inc., and Bess Testlab, Inc. consultants; 2.Renderings and models requested by the Client; 3.Expense of overtime work requiring higher than regular rates; 4.Fees paid for securing permits, licenses and other approval of authorities having jurisdiction over the Project; 5.Other out-of-pocket expenses including, but not limited to, Professional Associates (whose expertise is required to complete the Project), travel expenses (lodging, meals, etc.), job-related mileage, long distance telephone calls, printing, computer time charges, fax charges, etc., the charges for which shall include an administrative charge of fifteen percent (15%). C.TERMINATION EXPENSES. If the Project is suspended or abandoned in whole or in part for more than three months, Bess Testlab, Inc. shall be compensated for all services performed prior to receipt of written notice from the Client of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in STANDARD PROVISIONS, Paragraph G.3. If the Project is resumed after being suspended for more than three months, Bess Testlab, Inc. compensation shall be equitably adjusted. D.INTEREST AND COLLECTION COSTS. 1.Late Payments: If Client fails to make any payment due to Bess Testlab, Inc. for services and expenses within ten (10) days after receipt of Bess Testlab, Inc. invoice, the amounts due to Bess Testlab, Inc. shall include a finance charge of 1.5 percent per month, or eighteen percent (18%) per annum, from said 10th day. 2.Should it be necessary to collect this account through an attorney, Client agrees to pay all costs of collection, including any reasonable attorney’s fees, or fees for trials or appeals. VI.UTILITY POTHOLING AND LOCATING TECHNICAL STANDARDS: A.UTILITY POTHOLES. Information obtained by direct exposure of the existing utilities can greatly increase the level of confidence with respect to the location of underground utilities at a particular jobsite. Utility exposure (Utility Pothole) permits three‐dimensional measurements, in relation to the existing surface elevation and surface features, to be taken on utilities for accurate location at each pothole. The overall level of confidence with respect to the location of site utilities can be raised by increasing the number of potholes examined; however, Bess Testlab, Inc. provides no guarantee of the location of utilities on the site other than at the locations where potholes have been performed. B.UTILITY LOCATING. Utility locating services include the horizontal, above ground detection and marking of underground utilities. Ground Penetrating Methods are used to indicate the presence and surface position of buried utilities. Utility locating information should not be used for construction purposes, or where exact horizontal and vertical measurements are required. 1.The accuracy of utility locating designating and depth of cover readings obtained by utilizing Geophysical and Ground Penetrating Radar equipment and techniques are subject to field and soil conditions beyond our control. Bess Testlab, Inc. will make reasonable efforts to provide comprehensive and correct positional utility marks to the limits obtainable by the instrumentation used and the existing ground conditions; however, Bess Testlab, Inc. provides no guarantee that all existing utilities on a particular site will be properly located using these methods. C.Utilizing Bess Testlab, Inc. utility locating and/or utility potholing services does not relieve any party from their obligation to contact the utility damage prevention system before digging begins. D.Utility marks placed on the ground by Bess Testlab, Inc. are not to be used for construction purposes. E.Electronic Utility Designation is an indirect method of determining the existence and location of subsurface structures. As such, BESS offers this service to its clients without warranty. The information derived from this method SHOULD NEVER be used for design and only as an assessment tool in determining the possibility of underground structure existence. F.BESS offers this service on a “Best Effort” basis using industry acceptable methods (i.e., electronic pipe and cable locating equipment, Ground Penetrating Radar (GPR), Pipeline Current Mapper (PCM), etc.) to determine the approximate horizontal position of underground structures. The client, as demonstrated by signature below, agrees to hold BESS harmless of any liability through client's use of this information. G.The client has read and agrees with following key points of this service: 1. Electronic Designation and Clearing CAN NOT identify non-conductive plastic, concrete, clay, non-shielded fiber optic lines or other non-conductive underground substructures even though they may exist in the area that is being investigated. Structures that cannot be located with conventional pipe locator will attempted to be located using GPR. 2. Non-conductive and unobstructed gravity flow lines such as sewer, storm drain, irrigation, etc., will be designated using a Sonde/Pushrod method and only if there is access within 100 ft. of the target/goal area. 3. Adverse site and underground soil conditions may affect GPR instrument readings giving highly inaccurate representations of underground structures. 4. Electronic depths are NEVER documented, but may be field-reported solely at the discretion of field personnel depending upon their evaluation of the subsurface environment. In the event depths are requested and reported they should be considered as an approximation only and not a true representation of actual depths of structure which can only be obtained through potholing and visual verification of structure. 5. Identification of the utility will be limited to those utilities that may be traced to physical structures that are clearly marked with the owner’s identification. Utilities not identifiable by BESS field crews due to lack of utility record information or above ground appurtenances will be marked with PINK paint on the ground surface and annotated as “Unknown” on project deliverables. 6.In order to prevent conflict with official markings done by utility operators or their representatives, all markings will be done in PINK paint. Utilities will be indicated by standard utility abbreviations that will be marked at no more that 50-ft. intervals. Colored dots will be used when confidence is high as to the type of utility detected and full color markings will only be used when located in places other than Public Right-of-Way. Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F E E E E E PRELIMINARY SITE PLAN 1 SUBMITTALS Project Title Revision:Date: Project No.: Checked By: Designed By: Drawn By: Date:X/XX/24 Copyright NV5, Inc Sheet Title Sheet No. 877.706.6858 www.NV5.com 0 402020 10 SCALE: 1" = 20' PROPOSED POWER CONDUIT/CABLE PRELIMINARY EVSE PORT COUNT & POWER LEVEL . COLOR CODE EV CHARGER TOTAL QTY POWER PER PORT POWER SUBTOTAL 12 16.64KW 200KW 8 196KW 1,568KW TOTAL 20 1,768KW SCOPE OF WORK LEGEND PROPOSED FLEET L2 EV STALL FUTURE FLEET L2 EV STALL 1. NEW ELECTRICAL SERVICE REQUIRED FOR THE SITE. 2. TENTATIVE VEHICLE DEPLOYMENT PLAN SHOWN BELOW. GENERAL NOTES EXISTING UTILITY TRANSFORMER B PROPOSED DUAL PORT EV CHARGER PROPOSED ELECTRICAL SWITCHBOARD EXISTING UTILITY DISTRIBUTION LINE E A (2) FUTURE DUAL-PORT L3 EVSE (3) FUTURE DUAL-PORT L2 EVSE (3) DUAL-PORT L2 EVSE CONDUIT FOR FUTURE PUBLIC EVSE TERMINATE CONDUIT IN A BOX OR STUB-OUT PROPOSED 400A 208/120V DISTRIBUTION PANEL PROPOSED 112.5KVA, 480-208/120V STEP DOWN TRANSFORMER PROPOSED 750KVA, 12/21KV-480/277V PADMOUNT TRANSFORMER EXISTING T1418, 300KVA, 12/21KV-208/120V TRANSFORMER #5 B O X 2 SETS EACH 3-1/0 AL EPR IN 1-4" DUCT PG&E TO REPLACE PRIMARY SPLICES IN EXISTING #5 BOX EXPLORE ABOVE-GRADE CONDUIT OPTIONS TERMINATE IN VAULT FOR FUTURE ABOVE-GRADE EVSE CONDUITS/CHARGERS CONDUIT FOR FUTURE EVSE (2) DUAL-PORT L2 EVSE PROPOSED FLEET L3 EV STALL FUTURE FLEET L3 EV STALL STUB-OUT FOR FUTURE EVSE EXISTING 800A, 480/277V SERVICE PROPOSED 2500A, 480/277V, METER SERVICE Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F 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 CSWST2 For Professional Services THIS AGREEMENT is entered into as of ______________ (“Effective Date”) between the City of San Rafael, a California municipal corporation (“City”), and CSWST2 (“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 civil engineering, landscape architectural design, and surveying 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. Dec 10, 2024 Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F 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 Consultant 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: C62511B7-A916-45FA-B76A-1D9E41699B9F 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: C62511B7-A916-45FA-B76A-1D9E41699B9F 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: C62511B7-A916-45FA-B76A-1D9E41699B9F 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: C62511B7-A916-45FA-B76A-1D9E41699B9F 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, Public Works Assistant Director 111 Morphew Street San Rafael, CA 94901 CONSULTANT: CSWST2 Attn: Robert Stevens 504 Redwood Blvd, Suite 310 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: C62511B7-A916-45FA-B76A-1D9E41699B9F 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: C62511B7-A916-45FA-B76A-1D9E41699B9F 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: 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: ____________________________ Robert Stevens (Dec 10, 2024 09:52 PST) Robert Stevens Robert Stevens President/CEO CSWST2 ind Sc#(id (Dec 10, 2024 10:01 PST) 2LnGD SFKPLG CSWST2 ind Sc#(id C#ie! innci' O!!icer Robert ѵ E+stein (Dec 10, 2024 14:тт PST) Robert , +SsteLn Cristine 'i'ovic# (Dec 10, 2024 20:4ц PST) )rLstLne 'OLOovLFK renn 0r(i (!or) (Dec 11, 2024 0ц:тц PST) (rennD 4XrPL Ior Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F CSWST2.com Adaptive Solutions. Resilient Designs. Engineering ∙ Urban Planning ∙ Land Surveying ∙ Landscape Architecture CSWST2 BILLING RATE SCHEDULE Effective January 1, 2025 – December 31, 2025 ENGINEERING SERVICES HOURLY RATES SURVEYING SERVICES HOURLY RATES OTHER PROFESSIONAL SERVICES HOURLY RATES Principal $ 277.00 Associate Principal $ 252.00 Senior Project Manager $ 247.00 Project Manager $ 233.00 Sr. Landscape Architect $ 177.00 Landscape Architect $ 161.00 Construction Manager $ 242.00 Resident Engineer $ 233.00 Field Engineer $ 200.00 Technical Writer $ 142.00 Graphic Illustrator $ 135.00 Project Assistant $ 104.00  All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus 10%.  Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%.  Billing will be monthly net 30 days. Senior Engineer $ 207.00 Engineer I, II, III $ 148.00 - $ 180.00 - $ 200.00 Engineer Technician $ 135.00 Engineer Assistant $ 104.00 Senior Surveyor $ 207.00 Surveyor I, II, III $ 148.00 - $ 180.00 - $ 200.00 Survey Technician $ 135.00 Survey Assistant $ 104.00 Two-Person Survey Party $ 350.00 Survey Party Chief $ 227.00 Survey Chainman $ 124.00 Survey Apprentice $ 115.00 Aerial Drone Surveyor $ 224.00 Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F 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. 11/14/2024 ☐ ☒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 11/22/2024 11/22/2024 ☒ NT ☒ NT 3 Department Director Approval of final agreement form to send to contractor 12/2/2024 ☒ AM 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 12/9/2024 ☒ 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 Joanna Kwok) Extension: 3353 Contractor Name: CSW/Stuber-Stroeh Engineering Group Inc. Contractor’s Contact: Robert Stevens Contact’s Email: rstevens@cswst2.com. ☐ FPPC: Check if Contractor/Consultant must file Form 700 Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F CSW 2023 SLA - Civil, Surveying, Landscape Architecture Final Audit Report 2024-12-11 Created:2024-12-09 By:Shannon Mackle (shannon.mackle@cityofsanrafael.org) Status:Signed Transaction ID:CBJCHBCAABAADRK4I4xw9j8vV0E8iT3q-JRckc2BKifF "CSW 2023 SLA - Civil, Surveying, Landscape Architecture" Hist ory Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-12-09 - 11:33:22 PM GMT- IP address: 199.88.113.8 Document emailed to Denise Hartman (dhartman@cswst2.com) for signature 2024-12-09 - 11:37:16 PM GMT Email viewed by Denise Hartman (dhartman@cswst2.com) 2024-12-10 - 5:46:04 PM GMT- IP address: 98.207.128.39 Signer Denise Hartman (dhartman@cswst2.com) entered name at signing as Robert Stevens 2024-12-10 - 5:52:24 PM GMT- IP address: 98.207.128.39 Document e-signed by Robert Stevens (dhartman@cswst2.com) Signature Date: 2024-12-10 - 5:52:26 PM GMT - Time Source: server- IP address: 98.207.128.39 Document emailed to lschmid@cswst2.com for signature 2024-12-10 - 5:52:28 PM GMT Email viewed by lschmid@cswst2.com 2024-12-10 - 6:01:07 PM GMT- IP address: 99.165.196.121 Signer lschmid@cswst2.com entered name at signing as Linda Schmid 2024-12-10 - 6:01:42 PM GMT- IP address: 99.165.196.121 Document e-signed by Linda Schmid (lschmid@cswst2.com) Signature Date: 2024-12-10 - 6:01:44 PM GMT - Time Source: server- IP address: 99.165.196.121 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-12-10 - 6:01:46 PM GMT Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-12-10 - 7:13:37 PM GMT- IP address: 104.47.65.254 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-12-10 - 7:15:20 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-12-10 - 7:15:22 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-12-10 - 10:33:01 PM GMT- IP address: 24.5.134.43 Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-12-10 - 10:33:18 PM GMT- IP address: 24.5.134.43 Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-12-10 - 10:33:20 PM GMT - Time Source: server- IP address: 24.5.134.43 Document emailed to city.clerk@cityofsanrafael.org for approval 2024-12-10 - 10:33:22 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-12-10 - 11:12:15 PM GMT- IP address: 104.47.64.254 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-12-10 - 11:12:23 PM GMT- IP address: 199.88.113.8 Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2024-12-10 - 11:12:25 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-12-10 - 11:12:28 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-12-11 - 4:47:35 AM GMT- IP address: 104.47.64.254 Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-12-11 - 4:47:53 AM GMT- IP address: 71.198.110.147 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-12-11 - 4:47:55 AM GMT - Time Source: server- IP address: 71.198.110.147 Document emailed to city.clerk@cityofsanrafael.org for signature 2024-12-11 - 4:47:57 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-12-11 - 3:37:26 PM GMT- IP address: 104.47.65.254 Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-12-11 - 3:37:38 PM GMT- IP address: 199.88.113.8 Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-12-11 - 3:37:40 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-12-11 - 3:37:40 PM GMT Docusign Envelope ID: C62511B7-A916-45FA-B76A-1D9E41699B9F Certificate Of Completion Envelope Id: C62511B7-A916-45FA-B76A-1D9E41699B9F Status: Completed Subject: DocuSign: Task Order with CSW-ST2 for Surveying for Public Works EV Charging Site Source Envelope: Document Pages: 32 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: 199.88.113.8 Record Tracking Status: Original 6/11/2025 10:05:30 AM Holder: Shannon Mackle shannonm@cityofsanrafael.org Location: DocuSign Signer Events Signature Timestamp Nataly Torres NatalyT@cityofsanrafael.org Administrative Analyst City of San Rafael Signing Group: City Attorney's Office Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 6/26/2025 3:47:58 PM Viewed: 6/26/2025 3:48:23 PM Signed: 6/26/2025 3:49:17 PM Electronic Record and Signature Disclosure: Not Offered via Docusign April Miller aprilm@cityofsanrafael.org Public Works Director Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 2601:645:e7c:a540:10d:3ed5:5224:4186 Signed using mobile Sent: 6/26/2025 3:49:20 PM Viewed: 6/29/2025 10:03:35 PM Signed: 6/29/2025 10:03:45 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: 6/26/2025 3:49:20 PM Viewed: 6/26/2025 3:53:55 PM Signed: 6/30/2025 3:28:35 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Robert Stevens rstevens@cswst2.com President/CEO CSW Stuber Stroeh Engineering Group, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.255.153.233 Sent: 6/30/2025 3:28:38 PM Viewed: 7/8/2025 10:17:36 AM Signed: 7/8/2025 1:36:19 PM Electronic Record and Signature Disclosure: Accepted: 7/8/2025 10:17:36 AM ID: 9e3ff4e2-bf32-4a5f-9e8a-3f7e9024e96f Signer Events Signature Timestamp Linda Schmid lschmid@cswst2.com CFO Linda Schmid Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.255.153.233 Sent: 7/8/2025 1:36:22 PM Viewed: 7/8/2025 1:53:47 PM Signed: 7/8/2025 1:54:03 PM Electronic Record and Signature Disclosure: Accepted: 7/8/2025 1:53:47 PM ID: 96794a05-885a-4085-a34f-5d46ca5c134f Andrea Visveshwara andreav@cityofsanrafael.org Chief Assistant City Attorney City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 7/8/2025 1:54:07 PM Viewed: 7/8/2025 2:27:22 PM Signed: 7/8/2025 2:27:47 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: 199.88.113.8 Sent: 7/8/2025 1:54:08 PM Viewed: 7/8/2025 2:23:48 PM Signed: 7/8/2025 2:24:01 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:f0ad:505b:7877:2d24 Sent: 7/8/2025 2:27:50 PM Viewed: 7/8/2025 8:36:21 PM Signed: 7/8/2025 8:36:38 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: 7/8/2025 8:36:41 PM Viewed: 7/9/2025 11:37:29 AM Signed: 7/9/2025 11:38:10 AM 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: 2600:1700:9750:3df0:d98:6255:4331:253c Sent: 6/12/2025 11:56:17 AM Viewed: 6/25/2025 9:35:43 AM Completed: 6/26/2025 3:47:57 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 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: 6/26/2025 3:49:21 PM Viewed: 6/26/2025 3:49:40 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 6/12/2025 11:56:17 AM Envelope Updated Security Checked 6/12/2025 12:58:15 PM Envelope Updated Security Checked 6/12/2025 12:58:15 PM Envelope Updated Security Checked 6/25/2025 3:37:39 PM Certified Delivered Security Checked 7/9/2025 11:37:29 AM Signing Complete Security Checked 7/9/2025 11:38:10 AM Completed Security Checked 7/9/2025 11:38:10 AM 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. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of San Rafael: 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: city.clerk@cityofsanrafael.org To advise City of San Rafael 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 city.clerk@cityofsanrafael.org and in the body of such request you must state: your Electronic Record and Signature Disclosure created on: 5/22/2025 12:46:43 PM Parties agreed to: Robert Stevens, Linda Schmid previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of San Rafael To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to city.clerk@cityofsanrafael.org and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of San Rafael To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to city.clerk@cityofsanrafael.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of San Rafael as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of San Rafael during the course of your relationship with City of San Rafael.