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HomeMy WebLinkAboutPW Electrical Design Services for the PSC Evidence Locker v. Feb 2025 Page 1 CITY OF SAN RAFAEL PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Contract”) is entered into by and between the City of San Rafael (“City”) and __________________________________________ (“Contractor”), a __________________________________________________ for __________________________________________________________, and is effective on _____________________ (“Effective Date”). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Contract.” RECITALS A. City desires to secure professional services more fully described in this Contract, at Exhibit A, entitled “SCOPE OF WORK”; and B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and C. Contractor acknowledges that the execution of this Contract by the City is predicated upon the representations made in Contractor’s proposal dated _________________ submitted to the City; and D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: CONTRACT 1. WORK TO BE PERFORMED. Except as otherwise may be expressly specified in this Contract, Contractor shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by City at its sole risk and expense. Services to be provided to City are more fully described in Exhibit A entitled “SCOPE OF WORK.”. Pragmatic PE, Incorported DBA Pragmatic Professional Engineers Electrical Design Services for the Public Safety Center Evidence Storage August 19, 2025 California Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 Corporation September 9, 2025 2025.0040 v. Feb 2025 Page 2 2. COMPENSATION. In consideration for Contractor’s complete performance of the Scope of Work, City will pay Contractor in accordance with the rates and/or prices set forth in Exhibit A, up to the not-to-exceed amount of $_____________. Contractor shall not increase its rates throughout the Term of this Contract, except that upon 60 day written notice, Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index (“CPI”) for California, All Urban Consumers, San Francisco-Oakland-San Jose areas, not to exceed five percent (5%). Contractor will bill City on a monthly basis for work performed by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days of City’s receipt of invoice. 3. TERM OF CONTRACT. This Contract becomes effective upon the date listed as "Effective Date" and shall remain in effect until the completion of all obligations of both Parties hereto, or ___________________________ from the Effective Date, whichever comes first, unless terminated or amended as provided herein. 4. RELIANCE ON PROFESSIONAL SKILL OF CONTRACTOR. Contractor represents that it has the necessary professional skills to perform the work required and the City shall rely on such skills of the Contractor to do and perform the work. In performing the work hereunder Contractor shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by Contractor hereunder. Contractor represents that it has reviewed Exhibit A and that in its professional judgment the work to be performed under this Contract can be performed for a fee within the maximum amount set forth herein and within the times specified. Contractor represents that it possesses all necessary training, licenses and permits to perform the Scope of Work and that its performance of the Scope of Work will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Scope of Work working on similar, successfully completed projects. The granting of any progress payment by City, or the receipt thereof by Contractor, or any inspection, review, approval or oral statement by any representative of City or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 4 or lessen the liability of Contractor for unsatisfactory work, including but not limited to cases where the defective or below standard work may not have been 6,500 one (1) year Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Page 3 apparent or detected at the time of such payment, inspection, review or approval. 5. PROJECT COORDINATION. A. City’s Project Manager. ________________________________ is hereby designated the Project Manager for the City and said Project Manager shall supervise all aspects of the progress and execution of this Contract. B. Contractor’s Project Director. Contractor shall assign a single Project Director to have overall responsibility for the progress and execution of this Contract for Contractor. ___________________________________ is hereby designated as the Project Director for Contractor. Should circumstances or conditions subsequent to the execution of this Contract require a substitute Project Director, for any reason, the Contractor shall notify the City within ten (10) business days of the substitution. 6. TERMINATION. A. The term of this Contract shall commence upon the date hereinabove written and shall expire upon completion of performance of work hereunder by Contractor. B. Notwithstanding the provisions of (A) above, City may with or without cause, direct Contractor to suspend, delay or interrupt the work, in whole or in part, for such periods of time as City may determine in its sole discretion. C. City may terminate this Contract in whole, or from time to time in part, for default, should Contractor commit a material breach of this Contract, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination. D. City may terminate this Contract in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Contract would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Contract. E. Lack of Appropriation: If this Contract is a multi-year contract, subject to appropriation each fiscal year, the City may terminate this Contract immediately for lack of appropriation of funds. F. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Contract without the prior written consent of the other. Ryan Montes Brian Keokot Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Page 4 G. Return of Documents. Upon termination, any and all City documents or materials provided to Contractor and any and all of Contractor's documents and materials prepared for or relating to the performance of its duties under this Contract, shall be delivered to City as soon as possible, but not later than thirty (30) days after termination. 7. INSURANCE REQUIREMENTS. During the term of this Contract, and for any time period set forth in Exhibit B, Contractor shall procure and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the performance of work under this Contract with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 8. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of Contractor’s performance of its obligations or conduct of its operations under this Contract. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor’s work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of or operations under this Contract, Contractor shall provide a defense to the City Indemnitees or at City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. B. Where the work to be performed by Contractor under this Contract are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, Contractor shall indemnify and hold harmless the City and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Page 5 recklessness, or willful misconduct of Contractor, or any sub Contractors, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract and shall survive the termination or completion of this Contract for the full period of time allowed by law. 9. PREVAILING WAGE. If the work to be performed under this Contract is for services where prevailing wages are required by State law, Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department upon request and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Contract. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Contract. 10. NOTICES. All notices and other communications required or permitted to be given under this Contract, including any notice of change of address, shall be in writing and given by email, personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of email, personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City’s Project Manager: [As identified in item 5.A] ___________________________ San Rafael, CA 94901 Email: ______________________ To Contractor’s Project Director: [As identified in item 5.B] ___________________________ ___________________________ Email: ______________________ San Jose, CA 95118 brian.keokot@pragmaticpe.com 111 Morphew Street ryanm@cityofsanrafael.org 1177 Branham Lane, Suite 150 Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Page 6 11. LIABILITY OF CITY. Except as provided in Exhibit A, Scope of Work to be Provided by Contractor and Exhibit B, Insurance, City's obligations under this Contract shall be limited to the payment of the compensation provided for in Paragraphs 1 and 2 of this Contract, Notwithstanding any other provision of this Contract, in no event shall City be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Contract, the Scope of Work, or the Project. City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City. The acceptance or use of such equipment by Contractor or any of its employees shall be construed to mean that Contractor accepts full responsibility for and shall exonerate, indemnify, defend and save harmless City from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the Contractor, its employees, City employees or third parties, or to property belonging to any of the above. Nothing in this Contract shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Contractor may have under this Contract or any applicable law. All rights and remedies of City or Contractor, whether under this Contract or other applicable law, shall be cumulative. 12. MEDIATION. Unless waived by the City, should any dispute arise out of this Contract, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Unless the City waives this requirement, Contractor shall not be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. 13. GENERAL TERMS AND CONDITIONS. This Contract includes, and the Contractor agrees to comply with the City’s General Terms and Conditions, which are set forth in Exhibit C, attached hereto and incorporated by reference. [Signatures are on the following page.] Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Page 7 IN WITNESS WHEREOF, the parties have executed this Contract as of the day, month and year first above written. CITY OF SAN RAFAEL: _________________________________ ________________________________, _________________________________ Executed on:_______________________ APPROVED AS TO FORM: Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST: City Clerk _________________________________ ________________________________, _________________________________ CONTRACTOR: __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ [If Contractor is a corporation, second corporate officer signature required] __________________________________ By: ____________________________ Name: ____________________________ Title: _____________________________ Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 Pragmatic Professional Engineers Electrical Engineer Brian Keokot Sargon Ishaya CFO Sargon Ishaya Chief Assistant City Attorney Andrea Visveshwara April Miller Public Works Director September 9, 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: Pragmatic PE, Incorporated will provide electrical engineering and design services for the evidence storage project at the Public Safety Center at 1375 5th Avenue, San Rafael, CA. 2. Specific Tasks: As part of the Scope of Work, the Contractor shall perform the following tasks: 2.1 Task 1 – General Services: a. Review bid documentation as-built drawings, and generate necessary requests for information. b. Up to two rounds of plan check comments. c. Attend up to one (1-hour) online kickoff meeting. d. Attend one site walk to review the existing conditions and scope of the work. e. Issue electronically signed/stamped drawings for submission to the city. Submission of permit by others. 2.2 Task 2 – Electrical: a. Generate an electrical coversheet. b. Generate title 24 power distribution compliance forms. c. Generate power plan for the evidence area. This includes: i. Two conduit penetrations between the PSC server room and new PD evidence area. ii. Power to (1) vehicle lift, (1) future trickle charger location, (1) bike lift, (3) freezer units, (2) refrigerators, and (2) general receptacles. d. Generate load calculations, panel schedules, voltage drop, and single line diagram of the scope of work. This includes: i. (1) 125 Amp circuit breaker in existing emergency panel in server room. ii. New 125A, 120/208V, 1-Phase surface mounted 20-space subpanel with main circuit breaker in the evidence area. e. Generate any necessary electrical details required f or permit. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 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. Electrical Drawings in 2D AutoCAD 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: List Methods of Payment SCHEDULE Work shall be performed within approximately four (4) weeks. 2 weeks to generate 50% drawings, and 2 weeks to generate IFP after City review. – END OF EXHIBIT A – Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Exhibit B-1 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Contract, and for any time period set forth below, Contractor shall procure and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the performance of work under this Contract with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Contract, Contractor shall maintain, at no expense to City, the following insurance: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the work required to be performed under this Contract, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the Contractor's performance under this Contract. Where Contractor is a professional not required to have a professional license, City reserves the right to require Contractor to provide professional liability insurance pursuant to this section. 4. Workers’ compensation. If it employs any person, Contractor shall maintain workers’ compensation insurance, as required by the State of California, with statutory limits, and employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. Contractor’s workers’ compensation insurance shall be specifically endorsed to waive any right of subrogation against City. B. Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under Contractor’s insurance Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Exhibit B-2 policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in Contractor’s policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Contract, Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Contract, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Contract. 7. The limits of insurance required in this Contract may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract. 9. Contractor agrees to ensure that subcontractors, and any other party involved with the performance of work under this Contract, who is brought onto or involved in the performance of the work by Contractor under this Contract, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Contract. CONSUTLANT agrees that upon request by City, all Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Exhibit B-3 agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the work under this Contract will be submitted to City for review. 10. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Scope of Work reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR’s. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self- insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney’s fees and defense expenses. D. Proof of Insurance. Contractor shall provide to the Project Manager all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Contract; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Contract. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the City. Failure to comply with these requirements shall be considered a material breach of contract. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Exhibit C-1 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. COMPLIANCE WITH ALL LAWS. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Contract. Contractor shall perform all work under this Contract in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 2. PROVISIONS DEEMED INSERTED. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 3. SEVERABILITY. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 4. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the Contractor in connection with the performance of its duties under this Contract, shall be the sole property of City. City may use said property for any purpose, including projects not contemplated by this Contract. 5. INSPECTION AND AUDIT. Upon reasonable notice, Contractor shall make available to City, or its agent, for inspection and audit, all documents and materials maintained by Contractor in connection with its performance of its duties under this Contract. Contractor shall fully cooperate with City or its agent in any such audit or inspection. Contractor shall maintain all Project- related records for a period of three (3) years from completion of the work. 6. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Contract nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Contract or any rights, duties Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Exhibit C-2 or obligations arising hereunder shall be void and of no effect. 7. WORKERS' COMPENSATION. Contractor certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing the performance of the work of this contract. 8. NONDISCRIMINATION. Contractor shall not discriminate, in any way, against any person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation in connection with or related to the performance of its duties and obligations under this Contract. 9. NO THIRD PARTY BENEFICIARIES. City and Contractor do not intend, by any provision of this Contract, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Contract, to the other party. 10. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Contract, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 11. ENTIRE CONTRACT -- AMENDMENTS. A. The terms and conditions of this Contract, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Contract of the parties with respect to the subject matter of this Contract. B. This written Contract shall supersede any and all prior contracts, oral or written, regarding the subject matter between the Contractor and the City. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Contract, shall be valid or binding, except by way of a written amendment to this Contract. D. The terms and conditions of this Contract shall not be altered or modified Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Exhibit C-3 except by a written amendment to this Contract signed by the Contractor and the City. E. If any conflicts arise between the terms and conditions of this Contract, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Contract shall control. 12. SET-OFF AGAINST DEBTS. Contractor agrees that City may deduct from any payment due to Contractor under this Contract, any monies which Contractor owes City under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 13. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Contract, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Contract, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Contract or any applicable law, ordinance or regulation. 14. CITY BUSINESS LICENSE / OTHER TAXES. Contractor shall obtain and maintain during the duration of this Contract, a City business license as required by the San Rafael Municipal Code, and Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Contract, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 15. SURVIVAL OF TERMS. Any terms of this Contract that by their nature extend beyond the term (or termination) of this Contract shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns. 16. GOVERNING LAW. This Contract shall be deemed to have been executed in the County of Marin, California. The formation, interpretation and performance of this Contract shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of Marin, California unless the parties agree otherwise in a written amendment to this Contract. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 v. Feb 2025 Exhibit C-4 17. CONFLICT OF INTEREST. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 18. AUTHORIZATION. Each individual signing above warrants that they are authorized to do so by the party that they represent, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. 19. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Contract may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 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 X Public Works X Shannon Mackle (for Ryan Montes) Pragmatic Professional Engineers Brian Keokot brian.keokot@pragmaticpe.com Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 Fort Worth, TX ● San Diego, CA ● Kapolei, HI ● San Jose, CA 8/19/2025 Client:Job: City of San Rafael 25081304_PublicSafetyCenter_Elec 1375 Fifth Avenue bernadette.sullivan@cityofsanrafael.org San Rafael, CA 94901 Dear Bernadette Sullivan, We want to thank you for the opportunity to provide consulting services for your project. We look forward to working with you and are sending this letter to document what you are requesting from us for the scope of work. Objective Electrical Engineering and design services for the evidence locker project for the City of San Rafael at 1375 5th Avenue, San Rafael, CA. Line Items 1.Electrical Drawings $6,500.00 Subtotal:$6,500.00 Tax:$0.00 Total:$6,500.00 Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 AGREEMENT FOR CONSULTING SERVICES This Agreement for Consulting Services is entered into between Rachael Ishaya of Pragmatic PE, Incorporated, having its principal business mailing address at 1177 Branham Lane #150, San Jose, California 95118, and the Client Client agrees to acquire, and Pragmatic PE, Incorporated agrees to provide, the services described herein This page, together with the attached Standard Terms and Conditions and all exhibits or other attachments referenced therein (collectively, the “Agreement”), constitutes the complete and exclusive statement of the Agreement between the parties with regard to its subject matter, supersedes any and all negotiations and other agreements (either oral or written) between the parties with regard to its subject matter, as well as any course of dealing, usage of trade or course of performance, and contains all of the parties’ covenants and agreements with regard to its subject matter. Pragmatic PE, Incorporated:Brian Keokot 8/19/2025 Pragmatic PE, Incorporated Date ACCEPTANCE OF PROPOSAL: The above prices, scope, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work specified. Client: City of San Rafael Date Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 STANDARD TERMS AND CONDITIONS 1.Services to be Provided Pragmatic PE, Incorporated shall provide to Client the consulting services set forth above hereto and incorporated by reference herein (the “Services”). Pragmatic PE, Incorporated shall devote such time to the performance of the Services as is reasonably necessary for a satisfactory performance. Pragmatic PE, Incorporated will determine the method, details, and means of performing the Services. Client authorizes the Contact Person named above to be Client’s sole agent in communicating with Pragmatic PE, Incorporated with respect to this Agreement. The parties may add subsequent or additional Services not included in the initial Agreement by completing amendments to this proposal. No amendment shall be valid unless it is signed by both parties. 2.Relationship of Parties and Additional Obligations A.Status of Contractor: Pragmatic PE, Incorporated enters into this Agreement as, and shall continue to be, an independent contractor. Under no circumstances shall Pragmatic PE, Incorporated look to Client as its employer, nor as a partner, or principal. Pragmatic PE, Incorporated shall not be entitled to any benefits accorded to Client's employees, including, without limitation, workers compensation, disability insurance, vacation or sick pay. Pragmatic PE, Incorporated shall be responsible for providing, at its expense, and in its name, disability, worker’s compensation or other insurance as well as licenses and permits usual or necessary for conducting the services hereunder. B.Payment of Income Taxes: Pragmatic PE, Incorporated shall pay, when and as due, any and all taxes incurred as a result of Pragmatic PE, Incorporated’s compensation hereunder, including estimated taxes, and shall provide Client with proof of said payments upon demand. C.Non-Exclusive Relationship: Pragmatic PE, Incorporated agrees to devote a reasonable number of hours to performance of the Services. Consistent with this requirement, Pragmatic PE, Incorporated may concurrently perform services for such additional clients, persons, or companies as Pragmatic PE, Incorporated sees fit. D.Employment of Personnel: To the extent reasonably necessary to enable Pragmatic PE, Incorporated to perform the Services, Pragmatic PE, Incorporated shall be authorized to engage the services of any employees or independent contractors that it may deem proper. The cost of the services of such employees or independent contractors shall not increase the fees to Client. E.New Developments: In the event that Pragmatic PE, Incorporated designs, creates, invents, authors, or otherwise produces any invention, development, work of authorship, or other intellectual property (hereinafter referred to as a “New Development”) in the course of performing the Services hereunder, said work product shall not be considered a work for hire, but shall belong solely to Pragmatic PE, Incorporated. Client shall have no right, title or interest in any New Development. F.Confidential Information: “Confidential Information” means any written, printed, graphic, or electronically recorded materials furnished by Client for use by Pragmatic PE, Incorporated that are identified in writing by Client to Pragmatic PE, Incorporated as confidential. Pragmatic PE, Incorporated shall maintain in confidence and shall not disclose or use, either during or after the term of this Agreement, any Confidential Information, whether or not it is in written or permanent form, except to the extent necessary to perform the Services. Confidential Information does not include information (a) already known by Pragmatic PE, Incorporated at the time it is disclosed as shown by written records; (b) publicly known without breach of this Agreement; (c) received from a third party authorized to disclose it without restriction; (d) independently developed by Pragmatic PE, Incorporated without use of Confidential Information; or (e) required by law, regulation or valid court or government order to be disclosed, if Pragmatic PE, Incorporated first notifies Client, so that Client may seek a protective order. Client agrees to permit Pragmatic PE, Incorporated to use without charge Client’s name and photo of the project in scope of work on Pragmatic PE, Incorporated website and other marketing materials. 3.Payment Client agrees to pay Pragmatic PE, Incorporated, at the address indicated above in this Agreement, the amount set forth in the fee schedule contained in Exhibit B1 and Exhibit B2 attached hereto, plus reimbursable expenses pursuant to Paragraph 7 below. Payment is due upon receipt of invoice. Interest will accrue at the rate of ten percent (10%) per annum on all payments fifteen (15) days past due. Failure to make timely payments as specified herein constitutes a breach of this Agreement. All payments set forth in Exhibit B1 and Exhibit B2 are non-refundable. The parties may provide for payment for subsequent or additional Services not included in the initial Agreement by completing amendments to Exhibit B1 or Exhibit B2. No amendment shall be valid unless it is signed by both parties. 4.Place of Performance All services and materials shall be provided at the project address, Pragmatic PE, Incorporated’s offices, or at other mutually agreeable locations. 5.Excuse of Performance Pragmatic PE, Incorporated shall not be responsible for delay in performance of the Services in whole or in part if occasioned by strike, acts of terrorism, war, riot, revolution, embargo, flood, fire, drought, accident, insurrection, lockouts, breakdown of machinery, acts of God or any other unavoidable cause other than Pragmatic PE, Incorporated’s own negligence. 6.Reimbursable Expenses Reimbursable expenses are in addition to the fees set forth in Exhibit A. Client agrees to reimburse Pragmatic PE, Incorporated for reasonable expenses including, but not limited to, travel with lodging and meals, postage, photocopy charges, long-distance phone charges, overnight mail, delivery charges, blueprints, models, presentation materials, parking fees, tolls, and mileage at the prevailing IRS rate and expedited secretarial services. 7. Taxes Client is responsible for all federal, state or local, import duties, levies or imposts and all sales, use, value-added and other taxes of any nature assessed upon or with respect to any goods being acquired pursuant to this Agreement, exclusive, however, of taxes based on Pragmatic PE, Incorporated’s income. 8.Termination This Agreement may be terminated at any time by either party for any reason upon five (5) business days’ written notice. 9.Warranty There is no warranty that the services rendered under this agreement are merchantable or suitable for any particular purpose. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 10.Limitation of Liability The services and the work product of consultant or sold as is. In all circumstances, the maximum liability of consultant, its managers, officers, employees, agents and affiliates, to client for damages for any and all causes whatsoever, and clients maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the fees paid by client to consultant pursuant to Exhibit B1 or Exhibit B2. In no event shall consultant be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by consultant even if consultant has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. 11.Choice of Law, Jurisdiction The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties arising under or growing out of this agreement, shall be governed by the internal laws of the state in which the project site is located, without regard to the state’s choice-of-law provisions. The parties hereby consent to the jurisdiction of the state in which the project site is located,and agree that any disputes relating to this Agreement shall be resolved in the courts of the state in which the project site is located, to the exclusion of any other jurisdiction. 12.Attorneys’ Fees; Waiver; Severability If any action at law or in equity, including any arbitration proceeding, is brought to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs, in addition to any other relief to which it may be entitled. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provisions herein. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or enforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 13.Construction Unless the context clearly requires otherwise, all references in this Agreement to the plural will include the singular, and all references to the singular will include the plural; all references to gender will include the masculine, feminine, and neuter genders; the words “shall,” “will,” or “agrees” are mandatory, the word “may” is permissive, and the words “day” or “days” refer to calendar days; the word “or” is not exclusive; and the words “includes” and “including” are not limiting. This Agreement shall be construed fairly as to all parties and not in favor of or against any of the parties, regardless of which of the parties prepared this Agreement. Headings are provided for convenience only and shall not be considered in interpreting this Agreement. 14.Successors and Assigns This Agreement shall be binding upon and inure to the benefits of the subsidiaries, affiliates, successors and assigns of the parties. 15.Notice Any notices delivered under this Agreement shall be deemed delivered when personally delivered or five (5) days after they are deposited with the United States Postal Service, or analogous national postal service, or certified mail, return receipt requested, addressed to the parties at their addresses set forth above in this Agreement. Any party may change the address to which notices are to be sent by mailing written notice thereof to the other party as provided in this Paragraph. 16.Amendments, Modifications, Extras, No Waiver Any modification of this Agreement will be effective only if it is in writing and signed by all of the parties. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same provision or of any other provision. Any changes in the consulting services described in Exhibit A are “extras” and are subject to additional fees and charges. 17.Effective Date This Agreement shall be effective as of the date the last party signs this Agreement. 18.Counterparts This Agreement may be executed in one or more counterparts or by separate signature pages attached hereto, may be delivered in a signed original or by email transmission, and as executed shall constitute one agreement, binding on all the parties, even though all the parties do not sign the original or the same counterpart or signature page. 19.Assignment This Agreement may not be assigned by either party without the prior written consent of the other party. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 EXHIBIT “A1” (FIXED FEE PORTION) 1.Payment Schedule A.Upon execution of this agreement:$0.00 Progress payments billed monthly per rates above. 2.Estimated Reimbursable Expenses A.Upon completion of this agreement:$0.00 EXHIBIT “A2” (COST PLUS PORTION) 1.Consulting Fees 2025 2026 2027 2028 A.Drafter 1 59.00 62.00 65.00 68.00 B.Drafter 2 81.00 85.00 89.00 93.00 C.Drafter 3 100.00 105.00 110.00 116.00 D.Engineer 1 125.00 131.00 138.00 145.00 E.Engineer 2 165.00 173.00 182.00 191.00 F.Engineer 3 182.00 191.00 201.00 211.00 G.Engineer 4 200.00 210.00 221.00 232.00 H.Engineer 5 233.00 245.00 257.00 270.00 I.Engineer 6 267.00 280.00 294.00 309.00 J.Admin 120.00 126.00 132.00 139.00 Additional fees will not be incurred without written direction beforehand. 2.Payment Schedule A.Upon execution as a retainer:$0.00 B.All other fees and reimbursable expenses due upon receipt of invoice. 3.Estimated Reimbursable Expenses A.Expenses incurred to date:$0.00 B.Estimated future expenses:$0.00 C.Blueprint fees:Cost + 10% D.Blueprint delivery fees:$1.00/mile Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 ATTACHMENT A August 19, 2025 Job : Electrical Engineering and design services for the evidence locker project for the City of San Rafael at 1375 5th Avenue, San Rafael, CA. Scope of Services 1. General Services: a. Review bid documentation, as-built drawings, and generate necessary requests for information. b. Up to two rounds of plan check comments. c. Attend up to one (1-hour) online kickoff meeting. d. Attend one site walk to review the existing conditions and scope of the work. e. Issue electronically signed/stamped drawings for submission to the city. Submission of permit by others. 2. Electrical a. Generate an electrical coversheet. b. Generate title 24 power distribution compliance forms. c. Generate power plan for the evidence area. This includes: i. Two conduit penetrations between the PSC server room and new PD evidence area. ii. Power to (1) vehicle lift, (1) future trickle charger location, (1) bike lift, (3) freezer units, (2) refrigerators, and (2) general receptacles. d. Generate load calculations, panel schedules, voltage drop, and single line diagram of the scope of work. This includes: i. (1) 125 Amp circuit breaker in existing emergency panel in server room. ii. New 125A, 120/208V, 1-Phase surface mounted 20-space subpanel with main circuit breaker in the evidence area. e. Generate any necessary electrical details required for permit. Add Alternative: Construction Administration The following work will be done on a time-and-material basis if authorized: 1. Construction Administration – any work on this project after the plan check comments have been addressed. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 ATTACHMENT A August 19, 2025 Clarifications 1. This proposal is based on an email sent by Bernadette Sullivan (City of San Rafael) to Brian Keokot (Pragmatic PE) on 8/14/2025 with provided electrical as-builts and sketch of the scope of work area. 2. We assume that the documents will be generated in 2D AutoCAD. 3. This proposal is based on a 4-week design schedule. We assume there will be two publications of this set as follows. Schedule starts once backgrounds have been received: a. 2 weeks to generate 50% drawings. b. 2 weeks to generate IFP after client review. 4. This scope includes only one round of analysis and design based on a single configuration . Additional analysis or design required due to changes in the configuration shall be considered Additional Services and subjected to a Change Request. 5. We assume Pragmatic PE’s scope of work ends once the plan check response has been completed. Any work after permitting shall be considered Additional Services and subjected to a Change Order. 6. If load reading of any electrical panel for verifying panel capacity will be required, performing load reading shall be the client’s responsibility. 7. We assume no electrical utility service upgrade is required. Client Responsibilities This project demands significant client involvement. To help achieve a smooth and successful implementation, it will be your responsibility to: 1. Answer any requests for information within two working days 2. Allow access to facility as required 3. Obtain client approval through different stages of the design 4. Attend all meetings with the client and convey action items for engineering immediately afterwards 5. Provide any available existing electrical as-builts in CAD or PDF format. 6. Provide peak demand load in Kilowatt (KW) for the past 12 months of the main electrical utility service. 7. Provide architectural backgrounds in CAD. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 ATTACHMENT A August 19, 2025 Services not in Scope 1. Any Construction Administration. If required, this will be a change order based on the time and material rate. 2. Permit fees or routing. We will publish drawings that are electronically signed in PDF format. 3. Any site visits or meetings other than the ones explicitly stated under the Scope of Services section. 4. We assume that architectural, structural, fire sprinkler, fire alarm, landscape, irrigation, HVAC controls, HVAC, plumbing, and civil drawings will be provided by others. 5. The support of new utilities and/or relocation of any existing utilities or equipment is not included in this scope of services. 6. Any design related to photovoltaics, back-up generators, battery/energy storage, pool equipment and BBQ equipment. 7. Construction cost estimating, managing the contractor bidding process or soliciting bids from contractors. 8. Field coordination. This proposal assumes that the Contractors will provide any required detailing and field adjustments to complete the scope of work. 9. Specifications or plan/spec documentation - the deliverables of this proposal will be suited for design/assist construction where the contractor is responsible for implementing code- compliant means and methods of construction to deliver a robust installation based on the design shown on the drawings. 10. Generating record drawings of any kind. We assume the Contractors shall provide a record drawing set the Owner upon completion of the project. 11. LEED forms or calculations of any kind. We assume that this building will not be LEED certified. 12. Energy modeling, utility rebates or incentives. If these are desired, then the schedule is going to be compromised and the associated engineering fees for this scope of work may increase. 13. Blueprint, hard-copy signing of plans, and delivery fees. 14. Low voltage system of any kind, including Fire Alarm and Tel./Data systems. 15. Arc flash, breakers coordination and, short circuit calculation of electrical panels. 16. Any electrical utility work beyond 5 feet from the building. 17. Lighting plans and Title 24 lighting forms of any kind. Docusign Envelope ID: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 Certificate Of Completion Envelope Id: 6DA0F422-73A0-4EC0-B554-6FBC1DB5FFB7 Status: Completed Subject: DocuSign: PSA with Pragmatic Professional Engineers for Electrical Design for PSC Evidence Locker Source Envelope: Document Pages: 25 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 Shannon.Mackle@cityofsanrafael.org IP Address: 69.181.69.46 Record Tracking Status: Original 8/27/2025 10:35:23 AM Holder: Shannon Mackle Shannon.Mackle@cityofsanrafael.org Location: DocuSign Signer Events Signature Timestamp April Miller April.Miller@cityofsanrafael.org Public Works Director Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 199.88.89.34 Sent: 8/27/2025 2:23:00 PM Viewed: 8/27/2025 2:27:31 PM Signed: 8/27/2025 2:27:37 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Nataly Torres Nataly.Torres@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:1700:9750:3df0:186c:5092:6fdb:b652 Sent: 8/27/2025 2:27:39 PM Viewed: 8/27/2025 2:28:09 PM Signed: 8/27/2025 2:28:16 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Paul Navazio Paul.Navazio@cityofsanrafael.org Finance Director 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: 8/27/2025 2:27:39 PM Resent: 8/28/2025 3:21:09 PM Viewed: 8/28/2025 3:42:14 PM Signed: 8/28/2025 3:42:26 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Brian Keokot brian.keokot@pragmaticpe.com Electrical Engineer Pragmatic Professional Engineers Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 99.165.194.105 Sent: 8/28/2025 3:42:28 PM Viewed: 8/28/2025 3:55:28 PM Signed: 8/28/2025 5:39:09 PM Electronic Record and Signature Disclosure: Accepted: 8/28/2025 3:55:28 PM ID: 2e27d7f5-e7a4-483c-ac41-4f1871bfe148 Signer Events Signature Timestamp Sargon Ishaya sargon@pragmaticpe.com CFO Sargon Ishaya Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.180.194.32 Sent: 8/28/2025 5:39:11 PM Viewed: 9/1/2025 12:19:09 PM Signed: 9/1/2025 12:19:53 PM Electronic Record and Signature Disclosure: Accepted: 9/1/2025 12:19:09 PM ID: 62d91ba7-5508-45f1-b3f5-2d12768558ba Andrea Visveshwara Andrea.Visveshwara@cityofsanrafael.org Chief Assistant City Attorney City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:1010:b093:7223:5489:f2a:4b1e:52ec Sent: 9/1/2025 12:19:55 PM Viewed: 9/1/2025 7:29:51 PM Signed: 9/1/2025 7:30:12 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Heather Davis Heather.Davis@cityofsanrafael.org Risk Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:205:4b01:1550::b1c6 Sent: 9/1/2025 12:19:56 PM Resent: 9/9/2025 10:16:06 AM Viewed: 9/9/2025 10:22:56 AM Signed: 9/9/2025 11:02:45 AM Electronic Record and Signature Disclosure: Not Offered via Docusign April Miller April.Miller@cityofsanrafael.org Public Works Director Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 199.88.89.34 Sent: 9/9/2025 11:02:49 AM Viewed: 9/9/2025 12:28:23 PM Signed: 9/9/2025 12:28:30 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Lindsay Lara Lindsay.Lara@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: 9/9/2025 12:28:33 PM Viewed: 9/11/2025 10:25:32 AM Signed: 9/11/2025 10:25:38 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 Nataly.Torres@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Using IP Address: 2600:1700:9750:3df0:186c:5092:6fdb:b652 Sent: 8/27/2025 10:39:28 AM Viewed: 8/27/2025 2:19:53 PM Completed: 8/27/2025 2:22:59 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 Ryan Montes ryanm@cityofsanrafael.org Security Level: Email, Account Authentication (None) Sent: 9/11/2025 10:25:41 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/27/2025 10:39:28 AM Envelope Updated Security Checked 8/29/2025 12:01:27 PM Envelope Updated Security Checked 9/9/2025 10:16:05 AM Envelope Updated Security Checked 9/9/2025 10:16:05 AM Certified Delivered Security Checked 9/11/2025 10:25:32 AM Signing Complete Security Checked 9/11/2025 10:25:38 AM Completed Security Checked 9/11/2025 10:25:41 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. 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All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact 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: Brian Keokot, Sargon Ishaya previous email address, your new email address. 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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.