SUBJECT: ADOPT RESOLUTIONS TO APPROVE STREET RESURFACING, CITY PROJECT NO :

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1 Agenda Item No: 6.b Meeting Date: April 16, 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: File No.: TOPIC: STREET RESURFACING SUBJECT: ADOPT RESOLUTIONS TO APPROVE STREET RESURFACING, CITY PROJECT NO : 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A CONSTRUCTION AGREEMENT FOR THE STREET RESURFACING PROJECT TO TEAM GHILOTTI, INC., IN THE AMOUNT OF $1,394,144; AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $139,415 FOR A TOTAL APPROPRIATED AMOUNT OF $1,533, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING FOR INSPECTION SERVICES ASSOCIATED WITH THE STREET RESURFACING PROJECT, IN AN AMOUNT NOT TO EXCEED $95,783 AND ADDITIONAL APPROPRIATIONS FOR DESIGN SERVICES IN THE AMOUNT OF $14,575, FOR A TOTAL APPROPRIATED AMOUNT OF $110,358. RECOMMENDATION: Adopt the resolutions for the Street Resurfacing Project. BACKGROUND: Resurfacing of City streets is a vital program that improves a portion of the City s 175 miles of roadways each year. The Department of Public Works utilizes the Pavement Condition Index (PCI) system to initially identify streets in need of resurfacing and then conducts field investigation to further analyze conditions and priority rank. Based upon available funding, the proposed project includes surface treatments of micro-seal and pavement overlay. This year staff recommends resurfacing the streets shown in Attachment 1. During the summer of 2017, staff resources were dedicated to specific projects, such as the Freitas Parkway/Las Gallinas Avenue intersection, G Street improvements, 2 nd Street and Grand Avenue improvements, as well as the repair of the City Hall roof and the SMART Larkspur Extension project. Traditionally, bids for street resurfacing are solicited in the fall, based on the other priority work occurring over the summer. Due to staff changes and the plethora of other priority work, construction for the resurfacing would have fallen in the early winter of 2017, which is not conducive to resurfacing FOR CITY CLERK ONLY File No.: Council Meeting: Disposition:

2 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 since this type of work is temperature dependent. Therefore, rescheduling this work for early 2018 was recommended to achieve better pricing in the beginning of the construction season. Under Americans with Disabilities Act (ADA) law, when state or local governments make major alterations to a roadway, ADA-accessible curb ramps must be installed where they are not already in place to ensure that persons with disabilities have access to sidewalks. The City s street resurfacing program meets the definition of a major roadway alteration, and therefore this year s project includes the construction of 12 ADA-compliant curb ramps. Street Resurfacing falls into a categorically exempt category for construction environmental clearance as required by the California Environmental Quality Act (CEQA). That means that the project has been determined to have no significant effect on the environment and is therefore is not required to undergo an extensive environmental clearance process prior to construction. The project was publicly advertised in accordance with San Rafael s Municipal Code on February 14, The engineer s estimate of the construction cost was $1,684,000. ANALYSIS: Resolution (Award of Construction Agreement) (Attachment 2) On March 14, 2018, the following bids were received and read aloud: NAME OF BIDDER AMOUNT Team Ghilotti, Inc. $1,394, Ghilotti Bros., Inc. $1,474, Maggiora and Ghilotti, Inc. $1,539, Ghilotti Construction Company $1,579, The construction bids have been reviewed by Public Works staff and the low bid of $1,394,144 from Team Ghilotti, Inc. was found to be both responsive and responsible. Staff recommends awarding the construction contract to Team Ghilotti, Inc. Staff further recommends that the Council authorize additional contingency funds for the project in the amount of $139,415. Resolution (Agreement with Park Engineering for Construction Inspection Services) (Attachment 3) In addition to the actual construction contract, limitations on staff resources will require staff to secure the services of an outside consultant to perform construction inspection services needed for this project. Public Works solicited Statements of Qualifications, including billing rate schedules, for inspection services. One proposal was received on February 21, 2018 from Park Engineering. The proposal was evaluated by City staff based on criteria specified in the Request for Qualifications including, but not limited to, understanding of the work to be done, previous experience with similar projects, qualified personnel, and familiarity with City standards. The recommended Resolution authorizes the City Manager to execute a professional services agreement with Park Engineering for the required inspection services, in an amount not to exceed $95,783. Design funding in the amount of $14,575 has already been expended. The construction contract amount of $1,394,144 plus contingency in the amount of $139,415, and the inspection services of $95,783 needed for this project bring the total project cost to $1,643,917. PUBLIC OUTREACH: In December 2016, upon development of the list of roadways under consideration for resurfacing, staff notified all utility companies of the project. The original resurfacing list was refined to accommodate utilities performing work on roads scheduled for resurfacing. This utility coordination and public outreach efforts will minimize the need for repairs within the limits of the newly resurfaced roadways.

3 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 In January 2017 and again in February 2018, City staff mailed project notification letters to the fronting property owners and residents of each of the roadways proposed for resurfacing. The letter provided a link to the project website and suggested that property owners evaluate the condition of their sewer laterals and make any necessary repairs prior to the resurfacing of the road. FISCAL IMPACT: The City will be utilizing FY Measure A Transportation Sales Tax dollars ($678,233 total) towards this year s resurfacing program. The remaining balance for the total resurfacing project will funded through the City s Gas Tax Fund (#206). OPTIONS: 1. Adopt both resolutions as presented. 2. Council may choose to authorize the construction contract and instruct staff to perform the inspections, which may impact the delivery of other City projects. 3. Council may reject all bids and direct staff to rebid both the inspection and construction for this project. If this option is chosen, soliciting new proposals or rebidding the project will delay construction and postpone the project until the fall The Council may reject all bids and direct staff to stop work on the project. RECOMMENDED ACTION: Staff recommends that the City Council: 1. Adopt the resolution awarding the construction agreement to Team Ghilotti, Inc. in the amount of $1,394,144, with a contingency of $139,415 for a total not to exceed amount of $1,533,559, and approving and authorizing the City Manager to execute the agreement in a form approved by the City Attorney. 2. Adopt the resolution authorizing the City Manager to execute a professional services agreement with Park Engineering for inspection services in an amount not to exceed $95, and including $14,575 in additional design and other services for a total appropriated amount of $110,358, in a form approved by the City Attorney. ATTACHMENTS: 1. List of Streets to be resurfaced 2. Resolution awarding the construction agreement to Team Ghilotti, Inc. (with Exhibit 1: Agreement with Team Ghilotti, Inc.) 3. Resolution authorizing professional services agreement with Park Engineering, (with Exhibit 1: PSA with Park Engineering, Inc.)

4 Attachment 1 Streets to Be Resurfaced No. Street Name Treatment Type Begin End 1. Bret Harte Road Full Width Grind and Overlay City Limit Altura Way 2. Altura Way Overlay City Limit Bret Harte Road 3. Bret Harte Lane Overlay Bret Harte Road Bret Harte Road 4. M'Liss Lane Full Width Grind and Overlay Bret Harte Road End 5. Pacheco Street Full Width Grind and Overlay Lincoln Avenue Stevens Place 6. Stevens Place Full Width Grind and Overlay Pacheco Street End 7. Hibiscus Way Full Width Grind and Overlay Holly Drive Hickory Lane 8. Pine Lane Full Width Grind and Overlay Las Raposas Rd Penny Royal Lane 9. Penny Royal Lane Full Width Grind and Overlay Pine Lane Las Ovejas Avenue 10. Knight Drive Microsurface and FWG/Overlay Alderwood Way End 11. Bay Ct Overlay Bay Wy End 12. Bay Wy Microsurface Pt San Pedro Rd End 13. Marian Court Microsurface Kerner Blvd End 14. Makin Grade Overlay Upper Toyon Dr End 1.5 Vivian Place Full Width Grind and Overlay Francisco Blvd East Belevedre Street 16. Allen Court Full Width Grind and Overlay Forbes Av End 17. Hubbell Court Full Width Grind and Overlay Jewell St End 18. Edward Court Full Width Grind and Overlay Palm Av End 19. Elkin Court Full Width Grind and Overlay Santa Margarita Dr End 20. Thornwood Terrace Overlay Tamarack Dr Tarragon Dr 21. Hyacinth Way Microsurface Holly Dr Hickory Ln 22. Sandalwood Court Microsurface Manuel T Freitas Pkwy End 23. Maywood Way Full Width Grind and Overlay One Way Loop One Way Loop 24. Bellevue Avenue Microsurface Pt San Pedro Rd End

5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A CONSTRUCTION AGREEMENT FOR THE STREET RESURFACING PROJECT TO TEAM GHILOTTI, INC., IN THE AMOUNT OF $1,394,144; AND AUTHORIZING CONTINGENCY FUNDS AND OTHER PROJECT FUNDING IN THE TOTAL AMOUNT OF $139,415 FOR A TOTAL APPROPRIATED AMOUNT OF $1,533,559. WHEREAS, on the 14 th day of March, 2018, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: Street Resurfacing City Project No in accordance with the plans and specifications therefore on file in the office of the City Clerk; and WHEREAS, the bid of $1,394,144 from Team Ghilotti, Inc., at the unit prices stated in its bid, was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder; and WHEREAS, staff has recommended that the project budget include a contingency amount of $139,415; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The plans and specifications for the Street Resurfacing Project, City Project No , on file in the office of the City Clerk, are hereby approved. 2. The bid of Team Ghilotti, Inc. is hereby accepted at the unit prices stated in its bid, and the contract for said work and improvements is hereby awarded to Team Ghilotti, Inc. at the stated unit prices.

6 3. The City Manager is authorized and directed to execute a contract with Team Ghilotti, Inc. for the bid amount, in the form attached hereto as Exhibit A and incorporated herein, subject to final approval as to form by the City Attorney, and to return the bidder s bond upon the execution of the contract. 4. Funds for project totaling $1,533,559, which includes the construction award amount and contingency, will be appropriated for City Project No , from the Gas Tax Fund, # The City Manager is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 16 th day of April 2018 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: File No.: LINDSAY LARA, City Clerk

7 City of San Rafael California Form of Agreement for Street Resurfacing This Agreement is made and entered into this day of 2018 by and between the City of San Rafael (hereinafter called City) and Team Ghilotti, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: l - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: Street Resurfacing , City Project No , all in accordance with the requirements and provisions of the Specifications and Contract Documents for Street Resurfacing dated February 2018, which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. li- Time of Completion (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within Sixty (60) Working Days and with such extensions of time as are provided for in the General Provisions. lli - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day s delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. lv - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. The total Contract amount shall not exceed $1,394,144.00; any additional units not specifically enumerated in this Contract, that are incoroporated in or made necessary by work covered by the Contract must be requested and approved in writing as an addendum to this Contract. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 1. Mobilization (3% Maximum of Base Bid) 1 $30, = $30, Signs and Traffic Control 1 $45, = $45, Clearing and Grubbing 1 $112, = $112, Minor Concrete AGREEMENT 1

8 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE a. Type 'A' Curb and Gutter 500 $56.00 = $28, b. 4" PCC Sidewalk 1,400 $15.00 = $21, c. Curb Ramp - Case C 5 $4, = $21, d. Curb Ramp - Modified Case C 4 $4, = $18, e. Curb Ramp - Case A 3 $4, = $13, Full Width Grinding** 322,500 $0.40 = $129, Cold Planning a. 6' Edge Grind 7,000 $3.25 = $22, b. 20' Conform Grind 250 $25.00 = $6, Hot Mix Asphalt a. Full Depth HMA at Curb Ramps 100 $ = $45, b. Deep Lift Patching 100 $ = $45, c. Hot Mix Asphalt Overlay 5,600 $ = $659, d. Asphalt Berm 40 $30.00 = $1, Micro-Surfacing** 23,315 $2.80 = $65, Adjust Existing Facility to Grade a. Adjust Manhole Castings 50 $ = $30, b. Adjust Water Valve Cover (Roadway Only) 110 $ = $43, c. Adjust Gas Valve Cover (Roadway Only) 15 $ = $5, d. Adjust Monument 45 $ = $16, e. Adjust Sewer Rodhole 20 $ = $12, Striping and Pavement Markings a. 4" White Stripe 100 $5.00 = $ b. Detail $5.00 = $3, c. Pavement Markings (Thermoplastic) 3,500 $5.00 = $17, d. Red Curb 300 $2.00 = $ Roadside Signs 1 $ = $ GRAND TOTAL BID $1,394, AGREEMENT 2

9 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City s Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer s payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City s benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker s compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its subcontractors under this Agreement, and copies of such endorsements shall be provided to City. AGREEMENT 3

10 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Jim Schutz City Manager ATTEST: Team Ghilotti, Inc. By: Lindsay Lara City Clerk APPROVED AS TO FORM: Printed Name Officer: Title: and, Robert F. Epstein City Attorney File No Printed Name of Officer: Title: AGREEMENT 4

11 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING, INC. FOR INSPECTION SERVICES ASSOCIATED WITH THE STREET RESURFACING PROJECT, IN AN AMOUNT NOT TO EXCEED $95,783 AND ADDITIONAL APPROPRIATIONS FOR DESIGN SERVICES IN THE AMOUNT OF $14,575 FOR A TOTAL APPROPRIATED AMOUNT OF $110,358. WHEREAS, the City has advertised and received contractor bids for Street Resurfacing Project, City Project 11306; and WHEREAS, due to a staffing shortage, the City requires outside professional assistance to provide the construction inspection services for the aforementioned project; and WHEREAS, staff received a fee proposal for the required construction inspection services dated February 21, 2018 from Park Engineering, Inc.; and WHEREAS, staff has reviewed the fee proposal for $95, from Park Engineering, Inc. and has found it to be complete and within industry standards; and services, and WHEREAS, additional appropriations in the amount of $14,575 are required for design WHEREAS, there are sufficient funds in the Gas Tax Fund for this expenditure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute a Professional Services Agreement between Park Engineering, Inc. and the City, in the form attached hereto as Exhibit 1 and incorporated herein, subject to final approval as to form by the City Attorney, in an amount not to exceed $95,783. BE IT FURTHER RESOLVED that funds for project totaling $110,358, which includes inspection services and design funds already spent, will be appropriated for City Project No , from the Gas Tax Fund, #206.

12 BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday, the 16th day of April 2018, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: LINDSAY LARA, City Clerk

13 AGREEMENT FOR PROFESSIONAL SERVICES WITH PARK ENGINEERING, INC. FOR CONSTRUCTION INSPECTION SERVICES This Agreement is made and entered into this day of, 2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PARK ENGINEERING, INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional services are required for inspection services in connection with the Street Resurfacing Project, City Project No ; and WHEREAS, the CONTRACTOR has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Jaemin Park is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide the services outlined in CONTRACTOR S proposal dated February 21, 2018, marked as Exhibit A, attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 1

14 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown in Exhibit "A" attached and incorporated herein, in an amount not to exceed $95, Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on December 31, 2019, or on such earlier date when the work shall have been completed, unless the parties agree to extend this Agreement for another 90 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. 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 2

15 of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. 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. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. 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. If it employs any person, CONTRACTOR shall maintain worker's 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 worker s 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 and worker s compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 3

16 2. The additional insured coverage under CONTRACTOR S insurance policies shall be primary 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 CG Except for professional liability 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, 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 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. 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. C. Deductibles and SIR s. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, 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. 4

17 D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from 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 PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., 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 Agreement. 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 Agreement, 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 services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section , CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. In no event shall the cost to defend charged to the design professional exceed the design 5

18 professional s proportionate percentage of fault. 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. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. 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 Agreement. CONTRACTOR shall perform all services under this Agreement 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. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY s Project Manager: TO CONTRACTOR s Project Director: Bill Guerin Public Works Director 111 Morphew Street San Rafael, CA Jaemin Park Park Engineering, Inc. 372 Village Square Orinda, CA

19 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, 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. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, 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. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 7

20 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code 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 Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR JIM SCHUTZ, City Manager By: Name: Jaemin Park Title of Corporate Officer: President And ATTEST: By: Name: LINDSAY LARA, City Clerk Title of Corporate Officer: APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney 8

21 February 21, 2018 Hunter Young, P.E. Associate Civil Engineer City of San Rafael 111 Morphew Street San Rafael, CA RE: Construction Inspection Services for Street Resurfacing City Project No Dear Hunter: Park Engineering, Inc. is pleased to submit this proposal to provide construction inspection services for the Street Resurfacing Project. We appreciate the opportunity to continue to work with the City on this project. With an estimated construction start of mid-april based on the March 14 th bid date, Chris Kinser will be the construction inspector to support the City on this project. He will provide the day to day construction inspection and perform all the required duties including, preparing daily diary reports, job progress pictures, interviewing contractor employees for EEO purposes, measuring & reporting on quantities installed, coordinating with the contractor for all aspects of the work including traffic control, utility work, safety, and ensuring contract for acceptance of completed work by the City. Chris is currently completing a project with the City, and has the local knowledge to benefit the project in a positive & professional manner. As principal in charge, I will provide oversight to the construction inspector as well as provide any other needed support to the City. We have enclosed a brief resume for Chris, with a brief description of his recent relevant projects, and cost proposal with estimated hours and rates. Please let me know if you have any questions or if any additional information is needed. I am available any time on my mobile at or spatterson@park-eng.com. Orinda Office 372 Village Square Orinda, CA Tel: Fax: Emeryville Office 3960 Adeline Street, #3 Emeryville, CA Tel: Fax: Sincerely, Steve Patterson, P.E. Vice President

22 RESUME CHRIS KINSER, ASSISTANT RESIDENT ENGINEER Years of Experience 21 Education B.S. Construction Management, California State University, Chico, 1996 Certifications and Training 40 hour HazWOPER and HazMat certifications Caltrans Stormwater Management SWPPP training COGZ CMMS Preventive Maintenance software Key Qualifications Chris has 21 years of experience in public works, transportation and infrastructure construction. Working in the capacity of assistant resident engineer, construction inspector, and project manager for the contractor, Chris has managed highway interchanges, roadway widenings, emergency slide and flood repairs, box culverts, multiple utility installations/relocations, signalized intersection modifications, ADA ramps and paths, landscaping and hardscaping. He has performed inspection of construction activities to ensure conformance with contract documents and has coordinated work with regulatory and oversight agencies, various utility companies, and the public. Chris is familiar with the Caltrans Standard Specifications, Standard Plans, Construction Manual, Local Assistance Procedures Manual, and the Greenbook Standard Specifications for Public Works Construction. Project Experience Second Street & Grand Ave Intersection Improvement Project, City of San Rafael, CA - $1.3M Assistant resident engineer/construction inspector for this project that improved this busy intersection with new & improved curb ramps while widening the northbound approach on Grand Ave. The project also upgraded and replaced all traffic signal components. Daily traffic control and coordination with adjacent businesses was also a critical component of the project work. John Daly Blvd Streetscape Improvements Project (fed funded), City of Daly City, CA - $3.3M Assistant resident engineer/construction inspector for streetscape improvements that includes roadway modifications, installation of a concrete walkway, ADA compliant ramps, landscaping, irrigation using recycled water, bioswales, Class II bicycle lanes, and pedestrian amenities such as benches and trash/recycling receptacles. The project narrowed the center median, installed street lights on the outside medians, installed new decorative street lights for the pedestrian walkway, modified traffic signals at three intersections, repaired base sections of roadway with deep lift HMA, resurfaced the entire length of the project with HMA, installed new striping and decorative stamped AC crosswalks. The project required coordination with Caltrans, Samtrans, SF MUNI, utility companies, and various departments within the City. Detroit Avenue Bicycle and Pedestrian Improvements Project (federally funded), City of Concord, CA - $4M Assistant resident engineer/ construction inspector for this federally funded (OBAG) project constructing roadway and streetscape improvements on Detroit Avenue from Monument Blvd. to Clayton Road. Work on this $4M project involves full street rehabilitation including, grading, AC paving, signals and lighting, new curb, gutter and sidewalks, new curb ramps, drainage improvements, irrigation and lighting, and enhanced striping and pavement markings. El Monte Road Preservation Project (federally funded), Town of Los Altos Hills, CA - $500K Assistant resident engineer/construction inspector for this federally funded project that removed, replaced and added concrete curb ramps, and installs portions of new curb and gutter. Other work includes two inches of grinding and overlay of the existing roadway.

23 City of San Rafael Resurfacing Project, City Project No Cost Proposal for Construction Inspection Services Name/Classification Regular Loaded Rate Rates Overtime Rate Hours Pre-Con Construction Close-out Total Regular Hours Total Overtime Hours Cost Chris Kinser Assistant Resident Engineer $ $ $ 95, Total = $ 95, Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties. 2. Hours based on full time inspection for the 90 Working Day project duration, with some additional time for pre and post project work.