Department: Public Works -...

Agenda Item No: 3.0

Meeting Date: October 6, 2014

SAN RAFAEL CITY COUNCIL AGENDA REPORT

Department: Public Works

Prepared by: ~ ~ ~ City Manager Approv:f! ___ _ Director of Public Works

File No.: 01.01.02.01

SUBJECT: A RESOLUTION ACCEPTING PROPOSALS FROM MILLER PACIFIC ENGINEERING GROUP AND ENGEO, INC. FOR ON-CALL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO PROFESSIONAL SERVICE AGREEMENTS WITH MILLER PACIFIC ENGINEERING GROUP AND ENGEO, INC. IN THE AMOUNT OF $75,000.00 PER YEAR, EACH.

RECOMMENDATION: Adopt the resolution authorizing the Public Works Director to enter into professional service agreements with Miller Pacific Engineering Group and ENGEO, Inc. for on-call geotechnical engineering and material testing services.

BACKGROUND: The Public Works Department requires on-call geotechnical engineering and material testing services for various capital improvement and private development related projects. These services may include, but are not limited to, environmental site assessments, slide and erosion analysis with repair recommendations, response to emergency landslides and earth movement, soil foundation investigations, geological hazardous studies, peer reviews for land development related projects, material sampling and testing services, and geotechnical engineering consultations.

The Public Works Department does not have licensed geotechnical engineers or certified field technicians on staff to provide necessary geotechnical engineering or material testing services. Material sampling and testing is required by the Federal Highway Administration (FHWA) on federally funded projects administered through Cal trans Office of Local Assistance. In addition, material testing on various City and locally funded projects is required to ensure that the installed materials meet the City's specifications and requirements.

Public Works staff prepared a Request for Qualifications and invited various geotechnical engineering iirms to submit Statements of Qualifications (Statement). Staff determined that it would be prudent to enter into professional service agreements with two geotechnical engineering firms to ensure availability to respond to material testing needs as well as emergencies and field meetings. Most agencies enter into professional service agreements with more than one geotechnical firm for their general engineering

FOR CITY CLERK ONLY

File No.: _____________ _

Council Meeting: _________ _

Disposition: ___________ _

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

services for the same reason. The tasks for various engineering services will be divided between these firms according to Public Works needs and the consultant's availability. For each task order, the consultant will provide a specific scope of services and cost proposal for the Public Works Director's approval.

ANALYSIS: The Public Works Department solicited Statements and received five Statements from qualified firms on August 28, 2014. All Statements were 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 and experienced personnel on the project team, familiarity with state and federal procedures, and commitment to adhering to the project schedule and budget. Three firms were selected for interviews, which were conducted on September 18,2014 with panel members consisting of City staff and qualified consultants. Since all applicants were well qualified, it was exceptionally difficult to identify two preferred design firms for this on-call contract. However, after some deliberation, the panel selected Miller Pacific Engineering Group and ENGEO, Inc. as the most qualified consultants for this project.

FISCAL IMPACT: On-call contracts do not contain specific scopes of services, and the work may be sporadic. Therefore, staff determined that an initial two-year contract with each firm in the amount not to exceed $75,000 per year would provide the City the greatest flexibility in meeting its needs. Furthermore, each professional service agreement will include a clause whereby the City, at its sole discretion, may twice extend the existing contract for two additional years for a total possible contract length of six years. Contract extensions must be mutually agreed upon by the Public Works Director and the consultants with a cost not to exceed $75,000 per year, for each two year contract extension.

The cost of these services will be paid for out of various Capital Improvement Program project budgets, land development application fees or Public Works operations.

OPTIONS: 1. Adopt the resolution authorizing the Public Works Director to enter into professional service

agreements with Miller Pacific Engineering Group and ENGEO, Inc. for on-call geotechnical engineering and material testing services.

2. Do not authorize the Public Works Director to enter into a professional service agreement with the recommended consulting firms and direct staff to release a new Request for Qualifications. If this option is chosen, the City will be delayed and/or unable to perform material sampling and testing on federally funded projects prior to completion of construction of said projects thereby placing federal funds in jeopardy.

3. Do not authorize the Public Works Director to enter into a professional service agreement with the recommended consulting firms and direct staff to stop work on the project. If this option is chosen, the City will be out of compliance with federal law requiring material sampling and testing on federally funded projects. Additionally, City staff may be unable to complete design of projects or respond to emergencies requiring geotechnical engineering consultation.

ACTION REQUIRED:

Adopt the resolution authorizing the Public Works Director to enter into professional service agreements with Miller Pacific Engineering Group and ENGEO, Inc. for on-call geotechnical engineering and material testing services.

Enclosures: Resolution Professional Service Agreements (2) Exhibit A

RESOLUTION NO. ----

A RESOLUTION ACCEPTING PROPOSALS FROM MILLER PACIFIC ENGINEERING GROUP AND ENGEO, INC. FOR ON-CALL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO PROFESSIONAL SERVICE AGREEMENTS WITH MILLER PACIFIC ENGINEERING GROUP AND ENGEO, INC. IN THE AMOUNT OF $75,000.00 PER YEAR, EACH.

WHEREAS, the Public Works Department requires on-call geotechnical

engineering and material testing services for various City capital improvement and private

development related projects; and

WHEREAS, a Request for Qualifications was issued in accordance with

federal standard procedures for selection of the most qualified consultant; and

WHEREAS, Miller Pacific Engineering Group and ENGEO, Inc. were

determined to be the most qualified candidates to perform geotechnical engineering and

material testing services for the City; and

WHEREAS, staff determined that two geotechnical engmeenng firms

would provide the best service for the City to address the geotechnical and material testing

needs.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN

RAFAEL RESOLVES as follows:

1. The Statement of Qualifications, including fee schedule, submitted by Miller

Pacific Engineering Group and ENGEO, Inc., as attached hereto, is accepted.

2. Council does hereby authorize the Public Works Director to enter into

Professional Service Agreements, in a form approved by the City Attorney,

with Miller Pacific Engineering Group and with ENGEO, Inc., for a two-year'

term in an amount not to exceed $75,000 per year, each,

3. Council does hereby authorize the Public Works Director to extend these

agreements for two additional two-year terms in an amount not to exceed

$75,000 per year for each additional two year period, subject to the approval

of the Public Works Director.

4. The Director of Public Works 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, ESTHER C. BEIRNE, 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

Council of said City on the 6th day of October, 2014, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ESTHER C. BEIRNE, City Clerk File No.: 01.01.02.01

AGREEMENT FOR PROFESSIONAL SERVICES WITH ENGEO, INC.

FOR ON-CALL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES

ARTICLE I INTRODUCTION

A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the CONSULTANT is as follows: ENGEO, INC. The Project Manager for the "CONSULTANT" will be THEODORE BAYHAM

The name of the "LOCAL AGENCY" is as follows: CITY OF SAN RAFAEL The Contract Manager for the LOCAL AGENCY will be NADER

MANSOURIAN, Public Works Director.

B. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANT's Scope of Work dated August 26,2014.

C. Except as otherwise provided in Subparagraph B above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by LOCAL AGENCY, and hold harmless LOCAL AGENCY, its officers, agents, employees and volunteers (collectively, the "LOCAL AGENCY 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 CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the LOCAL AGENCY Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the LOCAL AGENCY Indemnitees, the CONSULTANT's indemnification obligation shall.be reduced in proportion to the LOCAL AGENCY Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the LOCAL AGENCY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the LOCAL AGENCY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the LOCAL AGENCY lndemnitees or at LOCAL AGENCY'S option reimburse the LOCAL AGENCY Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.

D. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the LOCAL AGENCY Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT 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 LOCAL AGENCY.

E. 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.

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F. The CONSULTANT and the agents and employees of CONSULTANT, in the performance of this agreement, shall act in an Independent Contractor capacity and not as officers or employees or agents of the LOCAL AGENCY.

G. The LOCAL AGENCY may terminate this agreement with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the LOCAL AGENCY may proceed with the work in any manner deemed proper by the LOCAL AGENCY. If the LOCAL AGENCY terminates this agreement with the CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due the CONSULTANT under this agreement and the balance, if any, shall be paid the CONSULTANT upon demand.

H. Without the written consent of the LOCAL AGENCY, this agreement is not assignable by CONSULTANT either in whole or in part.

I. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the patties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the patties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II STATEMENT OF WORK

A. Consultant Services:

The approved CONSULTANT's Statement of Qualifications is attached hereto (Exhibit A) and incorporated by reference.

ARTICLE III CONSULTANT'S REPORTS AND/OR MEETINGS

A. The CONSULTANT shall submit progress repOlts with the progress invoice. The report should be sufficiently detailed for the Contract Manager to determine, if the CONSULT ANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. The CONSULTANT's Project Manager shall meet with the LOCAL AGENCY's Contract Manager, as needed, to discuss progress on the contract.

ARTICLE IV PERFORMANCE PERIOD

A. This contract shall go into effect upon execution by both patties, and the CONSUL T ANT shall commence work after notification to proceed by the LOCAL AGENCY'S Contract Manager.

B. The term of this Agreement shall be for a two year period running from the date the City Council authorized the LOCAL AGENCY Contract Manager to enter into the Agreement and shall end on October 5, 2016 at 11:59 PM. The term of this Agreement may be extended for up to two additional two year periods, at the City's sole discretion, with the option to adjust the rates shown in the fee schedule once annually for inflation. The CONSULTANT shall initiate the rate adjustment process by

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submitting a proposed adjusted fee schedule to the LOCAL AGENCY Contract Manager for review and approval.

C. The CONSULTANT is advised that any recommendation for contract award is not binding on the LOCAL AGENCY until the contract is fully executed and approved by the LOCAL AGENCY.

ARTICLE V ALLOW ABLE COSTS AND PAYMENTS

A. The LOCAL AGENCY will reimburse the CONSULTANT based on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit A, attached and incorporated herein, in an amount not to exceed $75,000.00 for the original two year term of this Agreement, and in an amount not to exceed $75,000.00 per two year term if the Agreement is extended.

B. The CONSULTANT will not be reimbursed for actual costs (direct or overhead costs) that exceed the approved Agreement value as provided in Subparagraph A above, unless additional reimbursement is provided for by contract amendment. In the event that the LOCAL AGENCY determines that a change to the work from that specified in the contract is required, the contract time and/or actual costs reimbursable by the LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work.

C. Progress payments will be made monthly based on actual hours, hourly costs, and support service costs charged to the project. Progress payments will only be processed upon receipt of itemized invoice and progress repOli submitted to the LOCAL AGENCY. If CONSULTANT fails to submit the required deliverable items according to the schedule set fOlih in the Statement of Work, the LOCAL AGENCY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of Article VI Termination.

D. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract.

E. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the LOCAL AGENCY's Contract Manager of an itemized invoice. Invoices and progress reports shall be submitted no later than 45-calendar days after the performance of work for which the CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall reference this contract number and project title. Final invoice must contain the final cost and all credits due the LOCAL AGENCY including any equipment purchased under the provisions of Atiicle XVI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of the CONSULTANT's work. Invoices shall be mailed to the LOCAL AGENCY's Contract Manager at the following address:

City of San Rafael Attention: Nader Mansourian

111 Morphew Street San Rafael, CA 94901

F. All subcontracts in excess of $25,000 shall contain the above provisions.

G. CONSULTANT agrees that LOCAL AGENCY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes LOCAL AGENCY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

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ARTICLE VI 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 patty, and the notified party's failure to cure or conect the cause of the termination, to the reasonable satisfaction of the patty 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 LOCAL AGENCY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to LOCAL AGENCY as soon as possible, but not later than thitty (30) days after termination.

ARTICLE VII FUNDING REQUIREMENTS

A. It is mutually understood between the parties that this contract may have been written before asceltaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made.

B. This agreement is valid and enforceable only, if sufficient funds are made available to the LOCAL AGENCY for the purpose of this contract. In addition, this agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.

D. The LOCAL AGENCY has the option to void the contract under the 30-day cancellation clause, or by mutual agreement to amend the contract to reflect any reduction of funds.

ARTICLE VIII CHANGE IN TERMS

A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the patties with respect to the subject matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the LOCAL AGENCY.

C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the LOCAL AGENCY.

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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 telIDS and conditions of this Agreement shall control.

F. There shall be no change in the CONSULTANT's Project Manager or members ofthe project team, as listed in the approved Scope of Work, which is a part of this contract without prior written approval by the LOCAL AGENCY's Contract Manager.

G. The CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the LOCAL AGENCY's Contract Manager.

ARTICLE IX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION

A. The Agency has established a DBE goal for this Agreement of7.71%.

B. DBEs and other small businesses are strongly encouraged to paliicipate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Paliicipation by Disadvantaged Business Enterprises in Department of TranspOliation Financial Assistance Programs"). The CONSULTANT should ensure that DBEs and other small businesses have the 0ppOliunity to paliicipate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the award and pelformance of subcontracts.

C. CONSULTANTs are encouraged to use services offered by financial institutions owned and controlled by DBEs.

D. It is the CONSULTANT's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Depaliment's DBE program developed pursuant to the regulations. Paliicular attention is directed to the following:

1. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be celiified through the California Unified Celiification Program (CUCP).

2. A certified DBE may paliicipate as a prime contractor, subcontractor, joint venture paliner, as a vendor of material or supplies, or as a trucking company.

3. A DBE proposer not proposing as ajoint venture with a non-DBE, will be required to document one or a combination of the following:

i. The proposer is a DBE and will meet the goal by performing work with its own forces.

ii. The proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies.

iii. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

4. A DBE joint venture paliner must be responsible for specific contract items of work or clearly defined pOliions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

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5. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

6. The proposer shall list only one subcontractor for each pOliion of work as defined in their proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors.

7. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE paliicipation except that portion of the work to be performed by non-DBE su bcontractors.

E. CONSULTANTs shall adhere to the following regarding subconsultants:

1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the LOCAL AGENCY and any subconsultant, and no subcontract shall relieve the CONSULTANT of his/her responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

2. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants.

3 . CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

4. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's Contract Manager in advance of assigning work to a substitute subconsultant.

F. The following shall pertain to the performance of DBE consultants and other DBE Subconsultants/Suppliers:

1. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors.

2. A DBE does not perform a commercially useful function if its role is limited to that of an extra paliicipant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE paliicipation. In determining whether a DBE is such an extra participant, examine similar transactions, patiicularly those in which DBEs do not paliicipate.

3. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force, 01' the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function.

G. The following shall peliain to Prompt Payment of Funds Withheld to Subcontractors:

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1. No retain age will be held by the LOCAL AGENCY from progress payments due the prime CONSULTANT. Any retain age held by the prime CONSULTANT or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the LOCAL AGENCY's prior written approval. Any violation of this provision shall subject the violating prime CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the prime CONSULTANT, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime CONSULTANT and subconsultants.

2. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.

H. The following shall pel1ain to DBE Records:

1. The CONSULTANT shall maintain records of materials purchased and/or supplied from all subcontracts entered into with cel1ified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

2. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final RepOl1-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subcontractors," CEM-2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the CONSULT ANT or the CONSULT ANT's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the CONSULTANT when a satisfactory "Final RepOl1-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors" is submitted to the Contract Manager.

1. The following shall pertain to DBE Cel1ification and Decertification Status:

1. . If a DBE subconsultant is decel1ified during the life of the Agreement, the decel1ified subconsultant shall notify the CONSULTANT in writing with the date of decel1ification. If a subconsultant becomes a cel1ified DBE during the life of the Agreement, the subconsultant shall notify the CONSULTANT in writing with the date of certification. Any changes should be reported to the LOCAL AGENCY's Contract Manager within 30 days.

ARTICLE X COST PRINCIPLES

A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost individual items.

B. The CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, PaI1 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

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C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Pmi 31.000 et seq., are subject to repayment by CONSULTANT to the LOCAL AGENCY.

ARTICLE XI CONTINGENT FEE

The CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XII RETENTION OF RECORDS/AUDIT

For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; the CONSULTANT, subcontractors, and the LOCAL AGENCY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, the State Auditor, LOCAL AGENCY, FHW A, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

Subcontracts in excess of $25,000 shall contain this provision.

ARTICLE XIII DISPUTES

A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the LOCAL AGENCY's Contract Manager and other LOCAL AGENCY representatives, who may consider written or verbal information submitted by the CONSULTANT.

B. B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the LOCAL AGENCY GOVERNING BOARD of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this contract.

ARTICLE XIV AUDIT REVIEW PROCEDURES

A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the LOCAL AGENCY'S FINANCE DIRECTOR.

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B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a review by the LOCAL AGENCY'S FINANCE DIRECTOR of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by the LOCAL AGENCY will excuse the CONSULTANT from full and timely performance, in accordance with the terms of this contract.

ARTICLE XV SUBCONTRACTING

A. The CONSULTANT shall perform the work contemplated with resources available within its own organization; and no pOltion of the work peltinent to this contract shall be subcontracted without written authorization by the LOCAL AGENCY'S Contract Manager, except that, which is expressly identified in the approved Cost Proposal.

B. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all the provisions stipulated in this contract to be applicable to subcontractors.

C. Any substitution of sub consultants must be approved in writing by the LOCAL AGENCY's Contract Manager.

ARTICLE XVI EQUIPMENT PURCHASE

A. Prior authorization in writing, by the LOCAL AGENCY's Contract Manager shall be required before the CONSULTANT enters into any unbudgeted purchase order, 01' subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. POI' purchase of any item, service or consulting work not covered in the CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by the LOCAL AGENCY's Contract Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased as a result of this contract is subject to the following: "The CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable propelty is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, 01' if the contract is terminated, the CONSULTANT may either keep the equipment and credit the LOCAL AGENCY in an amount equal to its fair market value, 01' sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit the LOCAL AGENCY in an amount equal to the sales price. If the CONSUL T ANT elects to keep the equipment, fair market value shall be determined at the CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the LOCAL AGENCY and the CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the LOCAL AGENCY." 49 CFR, Part 18 requires a credit to Federal funds when pmticipating equipment with a fail' market value greater than $5000.00 is credited to the project.

D. All subcontracts in excess $25,000 shall contain the above provisions.

Page 9 of 17

ARTICLE XVII INSPECTION OF WORK

The CONSULTANT and any subcontractor shall permit the LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis.

ARTICLE XVIII SAFETY

A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. The CONSULTANT shall comply with all of the requirements set forth in Divisions II, 12, 13,14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Atiicle.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.

ARTICLE XIX INSURANCE

A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to LOCAL AGENCY, the following insurance policies:

1. A commercial general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence/two million dollars ($2,000,000) aggregate for death, bodily injury, personal injury, or propetiy damage.

2. An automobile liability insurance policy, for owned, non-owned, and hired vehicles, in the minimum amount of one million ($1,000,000) dollars per occurrence.

3. If any licensed professional perfOlIDs any of the services required to be petformed under this Agreement, a professional liability insurance policy in the minimum amount of two million ($2,000,000) dollars per occulTence/four million dollars ($4,000,000) aggregate to cover any claims arising out of the CONSULTANT's petformance of services under this Agreement. Where CONSULT ANT is a professional not required to have a professional license, LOCAL AGENCY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section.

4. If it employs any person, CONSULT ANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULT ANT and LOCAL AGENCY

Page 10 of 17

against all liability for injuries to CONSULTANT's officers and employees. CONSULTANT'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against LOCAL AGENCY.

B. The insurance coverage required of the CONSULTANT in Subparagraph A above, shall also meet the following requirements:

1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the LOCAL AGENCY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies.

2. The additional insured coverage under CONSULTANT'S insurance policies shall be primary with respect to any insurance or coverage maintained by LOCAL AGENCY and shall not call upon LOCAL AGENCY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 01 04 13.

3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.

4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the LOCAL AGENCY Contract Manager.

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 noncontributOlY basis for the benefit of LOCAL AGENCY (if agreed to in a written contract or agreement) before LOCAL AGENCY'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 LOCAL AGENCY or any other additional insured party. FUlihermore, 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 CONSULTANT's insurance policies must be declared to and approved by the LOCAL AGENCY's Contract Manager and LOCAL AGENCY's City Attorney, and shall not reduce the limits of liability. Policies containing any selfinsured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or LOCAL AGENCY or other additional insured patiy. At LOCAL AGENCY's option, the deductibles or self-insured retentions with respect to LOCAL AGENCY shall

Page 11 of 17

be reduced or eliminated to LOCAL AGENCY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses.

D. Subcontractors. CONSULTANT agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement regarding indemnity and insurance to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by CONSULTANT agree to be bound to CONSULTANT and LOCAL AGENCY in the same manner and to the same extent as CONSULTANT is bound to LOCAL AGENCY under this Agreement. All subcontractors shall provide insurance with a blanket additional insured endorsement or coverage at least as broad as ISO form CB 20 38 04 l3, and CONSULTANT shall provide a copy of such endorsement of policy provision to LOCAL AGENCY.

E. Proof of Insurance. CONSULTANT shall provide to the LOCAL AGENCY's Contract Manager or LOCAL AGENCY'S City Attorney all of the following: (1) Certificates ofInsurance 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. LOCAL AGENCY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by LOCAL AGENCY Contract Manager and the LOCAL AGENCY City Attorney.

ARTICLE XX OWNERSHIP OF DATA

A. Upon completion of all work under this contract, ownership and title to all repOlis, documents, plans, specifications, and estimates produce as pali of this contract will automatically be vested in the LOCAL AGENCY; and no fUliher agreement will be necessary to transfer ownership to the LOCAL AGENCY. The CONSULTANT shall furnish the LOCAL AGENCY all necessary copies of data needed to complete the review and approval process.

B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this contract has been entered into.

C. The CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the LOCAL AGENCY of the machine-readable information and data provided by the CONSULTANT under this agreement; further, the CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by the CONSULTANT.

D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreements as appropriate.

E. The LOCAL AGENCY may permit copyrighting repolis or other agreement products. If copyrights are permitted; the agreement shall provide that the FHW A shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

Page 12 of 17

F. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXI CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR

A. If claims are filed by the LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from the CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with the LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceed ings.

B. CONSULTANT's personnel that the LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the CONSULTANT's personnel services under this agreement.

C. Services of the CONSULTANT's personnel in connection with the LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this agreement in order to resolve the construction claims.

D. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXII CONFIDENTIALITY OF DATA

A. All financial, statistical, personal, technical, or other data and information relative to the LOCAL AGENCY's operations, which are designated confidential by the LOCAL AGENCY and made available to the CONSULTANT in order to carry out this contract, shall be protected by the CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by the LOCAL AGENCY relating to the contract, shall not authorize the CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. The CONSULTANT shall not comment publicly to the press or any other media regarding the contract or the LOCAL AGENCY's actions on the same, except to the LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee.

D. The CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the LOCAL AGENCY, and receipt of the LOCAL AGENCY'S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this At1icle.

F. All information related to the construction estimate is confidential, and shall not be disclosed by the CONSULTANT to any entity other than the LOCAL AGENCY.

Page 13 of 17

ARTICLE XXIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION

In accordance with Public Contract Code Section 10296, the CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal couli has been issued against the CONSULTANT within the immediately preceding two-year period, because of the CONSULTANT's failure to comply with an order of a federal court that orders the CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXIV EVALUATION OF CONSULTANT

The CONSULTANT's performance will be evaluated by the LOCAL AGENCY. A copy of the evaluation will be sent to the CONSULT ANT for comments. The evaluation together with the comments shall be retained as pmi of the contract record.

ARTICLE XXV STATEMENT OF COMPLIANCE

The CONSULTANT's signature affixed herein, and dated, shall constitute a celiification under penalty of peljury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

ARTICLE XXVI DEBARMENT AND SUSPENSION CERTIFICATION

A. The CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Celiificate, which celiifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a cOUli of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this celiification must be disclosed to the LOCAL AGENCY.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

ARTICLE XXVII STATE PREVAILING WAGE RATES

A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1771, and all federal, state, and local laws and ordinances applicable to the work.

B. Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article.

Page 14of17

ARTICLE XXVIII CONFLICT OF INTEREST

A. The CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow.

B. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement.

C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

D. The CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with the CONSULTANT will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.

E. Except for subcontractors whose services are limited to providing surveying or materials testing information, no subcontractor who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.

ARTICLE XXIX REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION

The CONSULTANT warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XXX NOTIFICATION

All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

LOCAL AGENCY:

ENGEO, Inc. Theodore Bayham 332 Pine Street, Suite 300 San Francisco, CA 94104

City of San Rafael Nader Mansourian, Contract Manager 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560

Page 15 of 17

ARTICLE XXXI AGREEMENT

The two parties to this agreement, who are the before named CONSUL T ANT and the before named LOCAL AGENCY, hereby agree that this agreement constitutes the entire agreement which is made and concluded in duplicate between the two patties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this agreement as evidenced by the signatures below.

ARTICLE XXXII NON-DISCRIMINATION CLAUSE

During the performance of this Agreement, CONSULTANT and its subconsultantss shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set fOlth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a patt hereof as if set fOlth in full. CONSULTANT and subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

ARTICLE XXXIII NO THIRD PARTY BENEFICIARIES

LOCAL AGENCY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third patty, any benefit or right owed by one patty, under the terms and conditions of this Agreement, to the other party.

ARTICLE XXXIV COSTS AND ATTORNEY'S FEES

The prevailing patty in any action brought to enforce the terms and conditions of this Agreement, or arising out of the pelformance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action.

ARTICLE XXXV LOCAL AGENCY BUSINESS LICENSE / OTHER TAXES

CONSULTANT shall obtain and maintain during the duration of this Agreement, a LOCAL AGENCY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. LOCAL AGENCY shall not be required to pay for any work pelformed under this Agreement, until CONSULTANT has provided LOCAL AGENCY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).

Page 16 of 17

ARTICLE XXXVI 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.

ARTICLE XXXVII APPLICABLE LAW

The laws of the State of California shall govern this Agreement.

CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless LOCAL AGENCY, 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.

ARTICLE XXXVIII SIGNATURES

CITY OF SAN RAFAEL

NADER MANSOURIAN Public Works Director

ATTEST:

ESTHER C. BEIRNE City Clerk

APPROVED AS TO FORM:

ROBERT F. EPSTEIN City Attorney

ENGEO, Inc.

By: ___________ _

Title: ___________ _

Page 17 of 17

----. Expect Excellence

August 26, 2014

City of San Rafael Public Works Department 111 Morphew Street San Rafael, CA 94901 Attn: Hunter Young

GEOTECHNICAL ENVIRONMENTAL

WATER RESOURCES CONSTRUCTION SERVICES

Project No. P2014.001.246

EXI-IIBIT A

Subject: Qualifications for On-Call Services for Geotechnical Engineering and Material Testing Services San Rafael, CA

COVER LETTER

Dear Mr. Young,

The professionals of ENGEO Incorporated are pleased to submit our Statement of Qualifications for On-Call Services for Geotechnical Engineering and Material Testing Services for the City of San Rafael.

ENGEO is your premier choice as we have the technical expertise, local experience, unsurpassed dedication to client service and ability to provide rapid response. We have a thorough understanding and familiarity with local building codes and the latest in state and national design standards. Our Engineers and Geologists manage projects from planning through construction so our recommendations always consider constructability and practical solutions.

We look forward to working with the City of San Rafael. With our current workload, we can manage the City's projects comfOliably and with priority. If you have any questions or comments regarding our submittal, please call me at (925) 866-9000 or email [email protected].

Sincerely,

EN GEO Incorporated

Stefanos Papadopulos, PE, GE Associate

Ted Bayham, PE, GE, PG, CEG Principal

2010 Crow Canyon Place, Suite 250· San Ramon, CA 94583 • (925) 866-9000 • Fax (888) 279-2698 www.engeo.com

COVER LETTER

Statement of Qualifications for On-Call Services for Geotechnical Engineering and Materials Testing Services

City of San Rafael

TABLE OF CONTENTS

1. EXECUTIVE SUMMARY ......................................................................................... 1

Comm itment to Client Service ............................................................................................ 1 Technical Excellence ........................................................................................................... 1 Laboratory Testing ............................................................................................................... 2 Awards .................................................................................................................................. 2

2. IDENTIFICATION OF THE PROJECT TEAM ......................................................... 3

Organization Chart ............................................................................................................... 3

3. EXPERIENCE AND TECHNICAL COMPETENCE ................................................. 4

4. METHODS PROPOSED TO ACCOMPLISH THE WORK ...................... : ................ 9

Project Management Approach ..................................................................... : ..................... 9 Geotechnical Exploration Sampling and Testing Services ............................................... 9 Construction Observation and Testing Services ............................................................... 9 Quality Assurance/Quality Control .................................................................................... 10 Resources ........................................................................................................................... 10

5. KNOWLEDGE AND UNDERSTANDING OF THE INDUSTRy ............................. 11

Public Agency Experience ................................................................................................. 11 Knowledge of Codes and Regulations .............................................................................. 12 Rapid Response .................................................................................................................. 12

6. PROJECT ORGANIZATION AND KEY PERSONNEL ......................................... 13

DBE Requirements .............................................................................................................. 13 Resumes of Key Personnel ................................................................................................ 14

7. SCHEDULE OF FEES ........................................................................................... 22

8. REFERENCES ....................................................................................................... 24

APPENDIX A - Forms

August 26, 2014

Expeot Exoellenoe


City of San Rafael

1. EXECUTIVE SUMMARY

ENGEO is an employee-owned firm of geotechnical and civil engineers, geologists, hydrologists, environmental scientists, and construction quality assurance field representatives. Founded in 1971, we have offices throughout California. Services for this contract will be performed from our San Francisco office located less than 20 miles from the City of San Rafael.

ENGEO serves projects in transpOliation, infrastructure, water resources, geologic hazards, flood control, energy, industrial development, manufacturing, critical facilities, residential and mixed-use communities, urban infill, Brownfields and transit oriented developments. We assist in every phase of project development from the due diligence for land use acquisition and planning through entitlement, permitting, construction and project build-out.

ENGEO's engineers and geologists have helped companies and public agencies manage their project development risk, drive down construction costs, and improve schedules. ENGEO's services are uniquely designed to address client objectives.

(i]§ore Services ./ Geotechnical Engineering ./ Special Inspection & Materials Testing ./ Environmental Engineering ./ Construction-Phase Testing & Observation ./ Water Resources & Hydrology ./ Stormwater Management ./ Engineering Geology ./ Geologic Hazard Abatement Districts (GHADs) ./ GIS/GPS ./ Entitlement & Permitting Support

Commitment to Client Service

Client service is the cornerstone of ENGEO's business philosophy. ENGEO employees have an absolute dedication to client service. Our team is comprised of talented professionals committed to tackling challenging projects and completing them on time and on budget. We foster open lines of communication, immediate response to client concerns and questions, and an unfailing sense of accountability to place the success of our clients as our absolute highest priority. Many of our on-call contracts with public agencies are in their second and third consecutive 'term,' which we credit in large pati to this dedication and exceptional service.

Technical Excellence

Our technical acumen is renowned, and our professionals are some of the absolute best in the business. We place significant emphasis on employee enrichment and demonstrate this through extensive in-house training and continuing education programs. Our very high rate of employee retention is a reflection of our commitment to providing challenging career opportunities and exciting projects for our most valuable resources - ENGEO's people. The stability and long term commitment of our staff translate to continuity and experience to better serve our clients.

August 26, 2014 - 1 -

Expect Excellence


City of San Rafael

Laboratory Testing

ENGEO maintains in-house soil and materials testing laboratories managed by registered civil engineers. Our laboratories are certified and accredited through the following:

• U.S. Army Corps of Engineers (USACE) .. California Department of Transportation (Caltrans) .. Cement and Concrete Reference Laboratory (CCRL) • AASHTO Materials Reference Laboratories (AMRL) • Division of State Architects (LEA 92 and 70)

Awards

ENGEO is honored to have received multiple awards for engineering excellence, employee satisfaction and community service. Most recently, ENGEO ranked as one of the top 10 Best Places to Work in America, presented by Entrepreneur®. In addition, we have been recognized as the #1 Best Place to Work in the Bay Area, presented by Bay Area Business Times/Journal. Technical excellence awards include:

CalGeo Outstanding Project of the Year Award 2010 Pacific Cannery Lofts, Oakland 2009 Trestle Glen Transit-Oriented Development, Colma

ASCE, San Francisco, Outstanding Project of the Year Award 2009 Trestle Glen Transit-Oriented Development, Colma

ASCE Sustainable Project of the Year Award 2009 Miners Ravine Off-Channel Detention Basin, Roseville

CELSOC Engineering Excellence Merit Award 2008 MSE Retaining Wall Design at Hunters Point Naval Shipyard 2007 Arroyo Crossings Quarry Redevelopment, Livermore 2006 Main Branch Alamo Creek Restoration, San Ramon

August26,2014 - 2 -

Places f.n 'fATn 1l"J'IN HIi' Iv IIflfll,n (WI Aile!,

IGeo Tho California Gooloclmlcoi En9!nO{~rlnf) A%ocio'lon

---------ACEC

Expeot Excellenoe


City of San Rafael

2. IDENTIFICATION OF THE PROJECT TEAM

Corporate Office ENGEO Incorporated 2010 Crow Canyon Place, Suite 250 San Ramon, CA 94583 (925) 866-9000 phone (888) 279-2698 fax

Janet Kan, GE, CEG, LEED AP Brooks Ramsdell, CEG Jeff Adams, PhD, PE

Organization Chart

San Francisco Office ENGEO Incorporated 332 Pine Street, Suite 300 San Francisco, CA 94104 (415) 284-9900

Project Manager Stefanos Papadopulos, GE

Principal in Charge Ted Bayham, GE, CEG.

Principal in Charge

Theodore Bayham, GE, CEG, REA

Project Manager

Engineering Geology

Brooks Ramsdell, CEG Philip Stuecheli, CEG

Stefanos Papadopulos, GE

Geotechnical Engineering

Janet Kan, GE, CEG, LEED AP Leroy Chan, GE

Finlay Pilcher

Environmental Engineering Services

Jeff Adams, PhD, PE Richard Gandolfo, CPESC, QSD

Subconsultant Materials Testing and Inspection and Laboratory Services

Earth Mechanics, Inc. (DBE)

,August 26, 2014 - 3-

Dali Rus, QSP . Randy Mues

Derek Seibold

Expect Excellence


City of San Rafael

3. EXPERIENCE AND TECHNICAL COMPETENCE

On-Call Materials Testing and Geotechnical Consulting-City of Pleasanton, CA Under our current on-call contract with the City, ENGEO provided special inspection and materials testing services for the following public improvements projects:

Foothill Road Widening Project - CIP 005015 ENGEO provided pavement recommendations, construction observation and materials testing during earthwork and special inspection services related to reinforced concrete and structural masonry for this roadway widening project. Our scope of services consisted of drilling four shallow test borings in order to measure the existing pavement at four locations and sample the underlying sub grade soils in order to provide pavement thickness design alternatives. Samples collected were tested for in-situ moisture content, plasticity index, as well as R-Value tests performed on composite subgrade samples. We performed density testing during sub grade preparation and placement of aggregate base, and observed placement during paving and performed field and laboratory testing on the asphalt-concrete (AC) to assess material compliance.

ENGEO also provided a retaining wall design for the project, concrete mix design review and special inspection and materials testing during construction. Our ICC field representatives performed batch plant inspection, observation of reinforcing steel placement, concrete sampling and testing, prepared test cylinders and transported the samples to our laboratory for curing and compression testing. We also provided ICC certified field representatives to observe structural masonry construction, sampled the mortar and grout for compressive strength testing.

Engeo provided services for the following projects.

48 Ruby Hill Pump Station 16" Water Line - CIP 041014 48 Iron Horse Trail Improvements 48 Vineyard Avenue Roundabout Removal- CIP 055033 CI Bernal Avenue Pavement Rehabilitation AT /IA CI Division St & Railroad Ave Improvements CI Fire Station #3, Santa Rita Road • Santos Ranch Road Landslide Reconnaissance Pleasanton, CA

Client/Owner Contact:

Contract Value/Duration:

August 26, 2014

Adam Nelkie, City of Pleasanton P.D. Box 520, Pleasanton, CA, 94566 (925) 931-5027 2013-2016; $500,000 2010-2013; $500,000

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City of San Rafael

On-Call Geotechnical Engineering and Materials Testin ENGEO is providing on-call, as-needed geotechnical engineering and construction quality control services for various capital improvement projects for the City of Livermore. Projects include roadway widening and reconstruction, underground construction, improvements at the water treatment plant, and city improvements at residential tracts. Projects have included:

Isabel Avenue/I-580 Interchange, Livermore, CA The Isabel/580 interchange provides the permanent connection between 1-580 and Isabel Avenue/State Route 84 to relieve congestion at the existing Airway/I-580 interchange and enhance traffic circulation within the business and commercial area north of 580. The IsabellI-580 interchange improves access to the residential developments, commercial businesses, Las Positas College, and future development north of 1-580 by creating two additional crossings over 1-580. As part of this project, the partial-access Portola interchange is removed and replaced with a flyover extension of Portola Avenue that connects to Isabel Avenue and Portola Avenue north of the freeway. ENGEO's scope of services included on-call as-needed quality control services during earthwork and structure construction, stormwater BMP monitoring, stormwater sampling, pile driving observations, and as-needed quality control services during earthwork and special inspection services during the placement of 200,000 cubic yards of engineered fill. Our services were performed in accordance with Caltrans requirements.

ENGEO has also provided geotechnical testing, field quali ntrol and special inspection services for the following projects:ty co

• El Charro Specific Plan Infrastructure Project • 2009 Slurry Seal and Roadway Overlay Project • Downtown Pedestrian Transit Path • Federal Economic Stimulus Roadway Improvements Project • Tract 7428, 7610, 7779 - Underground and Roadway Construction • First Street, Holmes Street and Vallecitos Road Rehabilitation • Traffic Signal at Vasco Road • Vallecitos Road & Vineyard Avenue Roadway Widening Geotechnical Exploration



August26,2014

Robert Follenfant City of Livermore 1052 So. Livermore Awmue Livermore, CA 94550 (925) 960-4542 2012-2015; $1,000,000 2007-2012; $1,000,000

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City of San Rafael

On-Call Special Inspection and Materials Testing Services-City and County of San Francisco Department of Public Works ENGEO has provided services through an on-call contract with the City and County of San Francisco since 200 1, providing special inspection and materials testing services for capital improvement projects including public facilities, bridges and roadway projects. Projects have included:

San Francisco General Hospital ENGEO has provided services for a series of projects at the San Francisco General Hospital, under purview of both the San Francisco Department of Building Inspection as well as OSHPD. ENGEO provided weekly DFR packets and budget summaries to various project managers. ENGEO also attended preconstruction meetings with various subcontractors throughout the project and subcontracted specialty services as needed, such as GPR, X-ray and air quality monitoring services. We coordinated and interacted with the contractor, SF DPW project manager, design mechanical contractor, structural engineers and architects during various phases of each project element. The projects in existing facilities are drawing to a close, with the current active project at 15% under budget. ENGEO provided special inspection and materials testing services on various project tasks including the Disabled Access - Main Hospital, Triage Area West Corridor, and Emergency Power Distribution Project.

We have also provided services for the following projects:

• Ingleside, Bernal Heights and Eureka Valley Library Renovations • Cesar Chavez Bridge Retrofit • 4th Street Bridge seismic retrofit and rehabilitation • Elevator Upgrade, Ton Waddell Medical Clinic • James Rolph Clubhouse and Moscone Recreation Center and Clubhouse Renovation projects • War Memorial Opera House Chiller Replacement Unit • Golden Gate Park Spreckels Temple of Music Band Shell Renovation



August 26,2014

Mr. Stanley DeSouza City and County of San Francisco, Department of Public Works 1680 Mission Street, 1st Floor, San Francisco, CA 94103-2414 (415) 554-8369 2010-2015; $600,000 2005 - 2007; $200,000

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City of San Rafael

On-Call Geotechnical Engineering and Materials Testing Services-City of San Ramon, CA ENGEO has provided geotechnical consulting and materials testing services through an on-call contract with the City of San Ramon since 1998. Our services have included pavement studies, creek evaluation and erosion repair studies, and geologic hazard abatement projects. Projects have included:

Bollinger and Crow Canyon Roads Rehabilitation We performed field and laboratory testing for pavement rehabilitation. This contract included the City's CIP 5324 and 5561. The contractor was required to mill and replace HMA at multiple locations on Crow Canyon Road and Bollinger Canyon Roads and included approaches to bridges over 1-680. Once the mill and replace operations were completed, a HMA overlay was placed for a new riding surface.

San Ramon Valley Blvd. Pavement Rehabilitation CIP 5539 We performed quality assurance field inspection, testing and laboratory testing during pavement rehabilitation under our on-call materials testing contract. The City required the contractor to provide quality control services as part of their construction contract usil1g independent consultants. Our responsibilities included reviewing the contractor's consultants' testing and inspection reports and advise City staff regarding their results. The final construction contract amount was $l.4M.

• South San Ramon Creek Repairs • Bedford Property Building Structural Evaluation • Cree Court Landslide Mitigation • Central Park Renovation Project • San Ramon Senior Center • Morgan Drive Consultation • Oak Creek Culvert Sediment Sampling • Bollinger Canyon Road ADL Survey, Median SWPPP, • Bollinger Creek Culvert Evaluation • San Ramon Valley Blvd. Pavement Consultation • 2013-2014 Pavement Management Project C1P 5521

I cannot adequately describe my appreciation for ENGEO's emergency response and design work on the Cree Court Landslide Repair Project. Because of the high-profile nature of the work, I was especially gratefitl to have youl'firm representing our interests. I felt that ENGEO 's presence was more than just a source of competent

.. engineering -- it also inspired confidence, and created an atmosphere of professionalism and a high expectation for quality that led directly to the success fit! outcome. Thank you for your excellent work, not only on this project, butfor the many projects you have assisted us with over the years. I sincerely appreciate the extra effort required to deliver quality work, and I certainly associate ENGEO's work with the highest standard of quality.

Mike Talley, Project Manager City of San Ramon

Client/Owner Contact: Peter Phoon, Robin Bartlett, Karen McNamara, City of San Ramon, 3180 Crow Canyon Place, Suite 140, San Ramon, CA 94583


August 26, 2014

(925) 973-2670 1998 - 2014; $300,000 per contract - Geotechnical Engineering 2011-2014; $300,000-Materials Testing

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City of San Rafael

On-Call Peer Review Services, County of Alameda ~v ...... ENGEO has an on-going contract to provide on-call geotechnical peer review services for Alameda County Community Development Agency to review geotechnical studies pertaining to surface mining within the County. ENGEO is cUlTently reviewing slope stability exploration report for mining areas located between Stanley Boulevard and Vineyard Avenue in Pleasanton and Livermore, California. ENGEO is role is to confirm that the analysis has been performed in conformance with current regulations and standards of practice for this type of evaluation.

Client/Owner Contact: James Gilford, Alameda County Community Development Agency 224 W. Winton Avenue, Suite 205, Hayward, CA 94544-1215, (510)

670-6437 Contract Value/Duration: 20ll-on-going,' $150,000

On-Call Geotechnical and Environmental Services-Contra Costa County, CA ENGEO is providing ongoing geotechnical and environmental consultation services for Contra Costa County Public Works Department. We have provided analysis and repOli preparation in a cost-effective manner while maintaining strict adherence to budgets and project deadlines. Projects have included:

Walden Green Phase 2, Soil Sampling The project site consists of a segment of the Iron Horse Trail Corridor located in Pleasant Hill, California. The corridor was historically occupied by a railroad, which has resulted in legacy soil impacts. ENGEO was retained by the County of Contra Costa Public Works Department to address potential health concerns for trail users. ENGEO characterized the soil impacts and performed a removal action under the oversight of the lead agency, Contra Costa Health Services Department. In 2013, the project was awarded a No Further Action determination from the Health Services Department.

• Port Costa Waste Water Treatment Plant .. Alhambra Bridge, .. Las Trampas Creek Repair 20 and 40 Hilton Court .. Byron Highway Shoulder Widening Project • Camino Tassajara Road Widening Environmental Sampling CD Deer Valley Road Shoulder Widening .. Pacheco Blvd. Sidewalk Gap Closure



August 26, 2014

Teri Rie Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 (925) 313-2363 2009-2013,' $325,000

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City of San Rafael

4. METHODS PROPOSED TO ACCOMPLISH THE WORK

Project Management Approach

Our project management approach is sensible and communicative. By offering clients a project team with all disciplines available, we can handle any issue that arises on a project site. The team proposed is enthusiastic and ready to mobilize. The objective of our management approach is to ensure technically proficient, timely and cost-effective execution of the project. In order to provide services that are responsive to the initially defined needs while maintaining the technical quality of final deliverables and budget/schedule control, ENGEO's project management for this contract is designed to include the following features:

• Single point of client contact and accountability • Backup in key management and technical positions • Highest corporate commitment to the project • Clear lines of reporting and authority • Flexibility to expand or contract in response to project needs • Direct technical review and QA/QC involvement for all deliverables • Clear and effective communication among all project participants, which simplifies cost and

schedule control

Geotechnical Exploration Sampling and Testing Services

Field samples are logged and secured for transportation to our laboratory for analysis and implementation of a testing program. Samples delivered to our laboratories are cross-checked with, field logs, classified, tested, and the results are submitted to the laboratory manager for review before being submitted to the project engineer for final analysis. We use a variety of software programs to process and compile the test data results produced in our lab. In addition to field and laboratory technicians, our team of engineers and geologists provide review of laboratory data, geologic site maps and aerial photos. The cumulative data is further processed and analyzed to develop design criteria for presentation in our geotechnical report.

We provide in-house training programs for our soils technicians. ICC, AWS-CWI and ACI certified technicians are available to provide observation and testing of structural masonry, reinforced and pre-stressed concrete and structural steel structures if necessary. We follow ASTM and relevant state and local standards when sampling and performing our laboratory testing for material compliance during vertical construction. Daily field reports, laboratory test results and all final reports are reviewed by appropriate senior professionals. Our laboratories are fully-equipped and ENGEO can provide a list of equipment if requested.

Construction Observation and Testing Services

Once the project construction.is under way, our staff provides testing and observation services to document construction and report compliance with the approved plans and specifications. Weare aware that applicable codes, specifications, sampling procedures and test methods must be adhered to when performing materials testing services.

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City of San Rafael

In addition to our Principal in Charge and Project Manager in the office, we will assign a Construction Services Manager (CSM) to oversee and coordinate field activities who is dedicated to working closely with the project superintendent and anticipating your technical needs in the field for inspection compliance. This provides a heightened level of responsiveness to the County. This added level of field management interaction and QC oversight has proven essential to overall project success.

Because ENGEO is committed to serving our clients, we can be reached during extended business ours should a need arise. We will respond to the County's needs within the requested time frames, if not sooner. We can provide the work products (AutoCAD files, points files, lab results, filed dailies, etc.) in the formats requested by the County. We can arrange to provide customized invoicing as requested to suit the needs of the County.

Quality Assurance/Quality Control

ENGEO takes Quality Control seriously throughout all aspects of our services. The most impoliant ways we work to this goal on our projects are through our internal quality assurance program and our knowledge of applicable codes and building standards.

Our management team develops cost estimates for multi-disciplined projects, including environmental, design-level geotechnical exploration, eatihwork observation and testing, laboratory materials testing and special inspection services during construction. Whenever possible, we perform interviews and discuss schedules with all other team members in an effOli to provide reasonably accurate schedules and budgets at the onset of construction.

ENGEO uses the DELTEK Financial Management System financial and accounting software. Field, laboratory and office time and expenses are entered into the DELTEK system so accurate project contract and financial information are available to our project managers on a daily basis. Invoices are processed monthly with a series of electronic project status reports distributed to Project Managers on a weekly basis for close monitoring of project budgets and control.

ENGEO field personnel prepare daily inspection repOlis on a web-based SQL database that we developed in-house, named "EPICENTER." This new software allows our field reports and compaction test data to be viewed in real time from any computer with an internet connection. The reports can be reviewed and transmitted electronically from any computer as soon as they are completed. Our field representatives are provided with laptop computers with wireless internet access as well as smart phones.

Resources

We are committed to provide the resources and personnel for the highest quality of geotechnical consulting services to the City of San Rafael. With our current work load, we have excellent capacity and can manage the City's projects comfortably and with priority.

We have the depth of resources and expertise to tackle any type of project. Our long experience with all aspects of construction and our large, experienced field staff mean efficient and smooth

August 26, 2014 - 10 -

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City of San Rafael

project delivery. For our clients with direct responsibility for public safety, our emergency response track record and our quick action to mobilize have been instrumental in their success.

ENGEO can provide a multi-disciplined inspector for your project-a person who can save time and money by providing different types of inspections during the same visit. Our field representatives are trained to review plans and observe and report details on projects, thus potentially minimizing future problems. ENGEO's staff of field representatives and inspectors is certified by, and in conformance with, the following:

ICC - The International Code Council ACI - The American Concrete Institute A WS - The American Welding Society ASTM - The American Society for Testing and Materials ACIL - The American Council of Independent Laboratories ANSI - The American National Standards Institute ASNT - The American Standard of Non Destructive Testing

. AASHTO - The American Association of State Highway & Transportation Officials NICET - The National Institute for Certification in Engineering Technologies Caltrans - California Department of Transportation

5. KNOWLEDGE AND UNDERSTANDING OF THE INDUSTRY

Public Agency Experience

ENGEO has provided engineering services to public agencies for more than 40 years. We have been retained for many on-call contracts, including emergency response, giving us the unique understanding of the intricacies of on-call services. We are recognized by over 100 Building Department jurisdictions throughout NOlthern California and Nevada authorizing ENGEO to provide services for numerous cities and counties. Since 1971, we have been fortunate to have cultivated long-term relationships with the personnel in many Public Works Depatiments. We have recently served or are currently serving the following on-call contracts:

• City and County of San Francisco, Materials Testing and Special Inspection Services • City College of San Francisco, Special Inspection and Materials Testing • City of Brentwood, Materials Testing, Special Inspection, Geotechnical Testing and Observation • City of Campbell, Special Inspection • City of Concord, Materials Testing • City of Livermore, Geotechnical Engineering and Materials Testing • City of Oakland, On-Call Geotechnical Engineering Services • City of Pittsburg, Construction Testing and Observation, Geotechnical Engineering • City of Pleasanton, Geotechnical Consulting and Materials Testing • City of Rio Vista, Geotechnical, Materials Testing and Special Inspectionfor City Infrastructure • City of Roseville, Materials Testing and Stormwater Monitoring • City of Sacramento, Professional Services • City of San Ramon, Geotechnical Engineering Services • City of Sebastopol, On-Call Consulting Services • City of Sunnyvale, Stormwater Pollution Prevention Plans (SWPPP)

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City of San Rafael

'" City of West Sacramento, Materials Testing Services '" Contra Costa County, Geotechnical Engineering Services '" County of Alameda, Geotechnical Peer Review for over 30 projects '" County of Merced, Geotechnical Engineering Services .. County of Sacramento, Environmental Services '" Sacramento County Water Agency, Construction Management Support Services '" San Francisco Department of Public Works, Environmental Services '" San Francisco International Airport, On-Call Geotechnical Engineering Services '" San Francisco Redevelopment Agency, Environmental Services

Knowledge of Codes and Regulations

ENGEO maintains laboratory and field personnel certifications that meet or exceed requirements stipulated by Caltrans, the Division of the State Architect, the International Code Council, and the U.S. Army Corps of Engineers. In accordance with the requirements of these agencies, as well as the guidelines established by the California Coul1cil of Testing and Inspection Agencies (CCTIA) and ASTM 329, our certified personnel are required to fulfill ongoing educational requirements related to their respective certifications, amounting to a minimum of 30 hours of training every 3 years for ICC renewal, and re-testing on latest Caltrans Standards every 6-12 months for Caltrans certifications. This is an ongoing process for all ENGEO field and laboratory personnel.

To meet these requirements, ENGEO provides in-house training and hosts various training programs for our field and laboratory personnel regarding the latest Codes, including Caltrans Standard Specifications and CBC Title 24 Regulations. This includes Caltrans, NICET, ACI and AASHTO training provided through webinars and seminars provided by third party practitioners such as ICC, Wilrick, A WS and CCTIA.

Rapid Response

We recognize the difficulty in planning ahead for all possible constlUction activities, so we are continually on the alert for your needs. For rapid response with minimal notification, ENGEO personnel can communicate directly to one another as well as clientele via. wireless communication and our Project Managers are equipped with smart phones, which allow 2417 email communication. Our construction services field representatives are equipped with laptop computers and wireless capabilities to send repOlis directly from the field, if needed.

ENGEO professionals have responded to emergency situations involving fire, landslides, levee breaks and seismic hazards. We have responded during major storm events to assess flooding and erosion threats involving creek bank stability, bridge structure integrity and roadway safety.

Our long experience with Geologic Hazard Abatement Districts has been instlUmental in our ability and opportunity to educate the public about local geologic and hydrologic risks and the elements of successful mobilization, investigation, remedial design, funding, and construction of repairs to achieve public safety objectives.

ENGEO has a toll-free emergency response phone number that is answered 2417. The number is (855) 767-2911.

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City of San Rafael

6. PROJECT ORGANIZATION AND KEY PERSONNEL

From our nearby offices in San Ramon and San Francisco, we can mobilize personnel at vitiually a moment's notice to meet your needs. We maintain a flexible staff and have available resources to handle any size project. The engineers and geologists presented on the organization chali have been identified, and are .committed, to work on the projects performed under this contract. These individuals were selected with consideration of their technical skills, availability and close proximity to the County. When necessary, we carefully add staff to maintain responsiveness and quality engineering. Resumes for key personnel notated in bold font on the organization chart are included.

DBE Requirements

For many years, ENGEO has been a leader in mentoring small, minority-owned and womenowned businesses. On large, multi-faceted projects we have been instrumental in garnering the paliicipation of firms like these, serving to strengthen the communities these firms call home.

For this contract, we plan to engage State of California certified Disadvantaged Business Enterprise (DBE) Ealih Mechanics, Inc. to meet the DBE Goal. Other small or local businesses will be engaged where appropriate.

Earth Mechanics, Inc. (EMI) Founded in 1989, Earth Mechanics, Inc. (EM!) is a geotechnical and earthquake engineering consulting firm specializing in major geotechnical site investigations and testing, seismic hazard and earthquake retrofit evaluations, and foundation design for projects related to transportation infrastructure including freeways, roadways, bridges, and tunnels. EMI is experienced in providing services to FHW A, Caltrans headqualiers and District 4, and the regional transportation agenices in the Bay Area (BART, MTC/BATA, ACTIA, SMART, etc.). With a staff of 33, EMI has offices located throughout California. The headquarters is in Fountain Valley, California in Orange County. Other offices are located in Hayward, San Marcos, San Pedro, and San Bernardino.

EMI has been engaged in the geotechnical investigation, design, and construction of numerous transportation projects in California. The services provided include field exploration and soil laboratory testing, seismic evaluation, foundation design, report preparation, and construction support. Notable Bay Area projects include the Caltrans/BATA East Span San FranciscoOakland Bay Bridge, the BATA Dumbarton and Antioch Bridge Retrofits, BATA Ground Monitoring Study on San Mateo & Richmond-San Rafael Bridges, and the BART Oakland Airport Connector to name a few.

EMI's technical staff is familiar with Federal Codes and Specifications published by FHW A, AREMA, AASHTO, and ATC (Applied Technology Council) as well as design manuals, Standard Plans and Specifications and other design guidelines published by Caltrans. EMI is the prime geotechnical consultant on the ATC-32 project responsible for the review and modification of the foundation section of the widely used Caltrans Bridge Design Specifications.

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EDUCATION

BS, Engineering Geology, Northern Arizona University, 1984

EXPERIENCE

Years with ENG EO: 16 Years with Other Firms: 14

REGISTRATIONS & CERTIFICATIONS

Professional Engineer, CA, 48793 Geotechnical Engineer, CA, 2480 Professional Geologist, CA, 6331 Certified Engineering Geologist, CA, 2063 Geological Engineer, AZ, 23280 Registered Civil Engineer, AZ, 27262

SPECIALIZATIONS

• Compressible Soils • Creek Stabilization/Restoration • Deep Foundations • Earthquake Fault Evaluation • Environmental Assessments and

Remediation-• Excavation and Shoring • Expert Witness • Foundation Design • Hillside Grading • Historic Building Foundation

Evaluation • Landslide Investigations and

Repairs • Levee Analyses • Liquefaction Analyses • Pavement Evaluation and Design • Plans, Specifications, and

Estimates • Seismic Retrofit • Slope Stability • Transportation Design

AFFILIATIONS

ASCE - American Society of Civil Engineers

TED BAYHAM SR., GE, CEG PRINCIPAL ENGINEER

Mr. Bayham has 28 years of geotechnical and engineering geology experience including waterfront projects, Naval Base redevelopments, and numerous large earthwork projects in technically challenging hillside conditions. He has been Principal Engineer on historic building renovations and seismic upgrades, geotechnical instrumentation and monitoring programs, mid-rise structures and below grade structures in shallow groundwater conditions, large industrial and commercial developments, and emergency facilities.

Select Project Experience

Ross Valley Sanitary District Sewer RehabilitationLarkspur, CA Principal in Charge. Mr. Bayham oversaw geotechnical studies and was in responsible charge during observation and testing. The project consists of the rehabilitation or replacement of 10 separate sewer mains and laterals totaling a length of approximately 2.25 miles. Explorations were performed at three separate locations: Fairfax, San Anselmo, and Ross.

Sutter Medical Center MOB, Central Plant, Bridge, Roadway Widening, Groundwater Supply-Santa Rosa, CA Principal in Charge, Group Leader, Project Manager. Mr. Bayham led the geotechnical site investigation of the proposed medical facility campus. The project consists of 70 private hospital rooms, campus facilities, and all associated site improvements. Site preparation and demolition, grading, installation of utilities and pavements, landscaping, water supply and treatment systems, and foundation and building construction were involved. Mr. Bayham also led design of a large-scale groundwater basin study as required by Sonoma County for the installation of a groundwater supply well to provide water for the proposed Center.

Liberty at Gibbs Ranch, .Testing and Observation-Rio Vista, CA Project Manager, Group Leader; Mr. Bayham served as Principal in Charge of geotechnical services during mass grading and site improvement construction. He also coordinated field testing and observation during mass grading and underground trench utility backfill.

Hercules Property, Historic Towne Center-Hercules, CA Principal in Charge. The Towne Center is patt of a large redevelopment project of over 100 acres fronting San Francisco Bay. It is a historic corridor with work-live space, railway station, parking garage, and commercial/residential.

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EDUCATION

BS, Civil Engineering, University of California at Berkeley, 1992

MS, Civil Engineering, University of California at Berkeley, 1994

EXPERIENCE



Professional Engineer, CA, 69398 Geotechnical Engineer, CA, 2927

SPECIALIZATIONS

• Compressible Soils • Construction Observation • Earth Retaining Structures • Excavation and Shoring • Foundation Design • Grading Project Management • Hillside Grading • Liquefaction Analyses • Plans, Specifications, and

Estimates • Slope Stability

AFFILIATIONS


STEFAN OS A. PAPADOPULOS, GE ASSOCIATE ENGINEER

Mr. Papadopulos has extensive experience with a broad range of concentrations within the geotechnical field. His work experience includes project management and oversight of large-scale projects for public works, residential, commer,cial and mixed use developments in urban settings. He is especially skilled in large hillside grading design. His work has included geotechnical design of highway embankments and levees, tunneling, deep foundation design of viaducts, designs for water and sewer infrastructure, and compliance with quality assurance and quality control.


Central Marin Ferry Connection Multi-Use PathwayMarin, CA Project Manager. Mr. Papadopulos was the lead geotechnical engineer and project manager for the project. He coordinated all interactions with the public agencies during permitting. He provided design recommendations for the deep foundation system supporting the bridge and the elevated ramps, and the retaining walls system that supports the atgrade part of the pathway. The pathway connects the Cal Park Multi-Use pathway to the Multi-Use pathway located on the south sidewalk of East Sir Francis Drake Boulevard, and consists of the following segments: (i) 290 foot-long bridge, (ii) 400 foot-long elevated ramp, (iii) 1,000 foot-long, at-grade pathway with retaining walls up to 21 feet in height. The bridge and elevated ramp bents are supported on deep foundations mainly consisting of Cast-in-Drill-Hole concrete piles ranging between 24" in diameter for pile groups to 54" in diameter for Type II shafts. The retaining walls consist of mechanically' stabilized earth walls supported on shallow foundations. The project required close coordination with various public agencies including Transportation Authority of Marin (TAM), Sonoma Marin Area Rapid Train (SMART), Caltrans, County of Marin, City of Larkspur, BCDC for obtaining easements, and access and drilling permits. During the design phase the project required closed coordination with the project structural engineer for the design of the bridge and elevated ramp foundation system.

NCCWD Recycled Water Project - GEX-Pacifica, CA Project Manager, Project Manager. Mr. Papadopulos conducted a design-level geotechnical study for the North Coast County Water District's new pump station at the Calera Creek water recycling plant.

--- Expect Excellence -------

EDUCATION

MS, Civil Engineering, University of California, Berkeley, 2003

BS, Geological Engineering, University of British Columbia, 2000

EXPERIENCE

Years with ENGEO: 11 Years with Other Firms: 2


Geotechnical Engineer, CA, 2880 Professional Engineer, CA, 67311 Certified Engineering Geologist, CA, 2590 Professional Geologist, CA, 8557 LEED AP, CA 24 Hour HAZWOPER Training, CA, 080126212229/110712512229

SPECIALIZATIONS

• Compressible Soils • Construction Observation • Deep Foundations • Earth Retaining Structures • Excavation and Shoring • Foundation Design • Levee Analyses • Liquefaction Analyses • Seepage Evaluation • Seismic Spectra Development • Slope Stability

AFFILIATIONS


JANET KAN, GE, CEG, LEED AP ASSOCIATE ENGINEER

Ms. Kan has over l3 years of experience in geotechnical engineering. She has managed public projects including the Foster City Multiple Roadway Improvements Project and the Rio Vista Wastewater Treatment Plant. In addition, she is the project manager for private projects including residential, commercial and mixed-use developments. Furthermore, Ms. Kan is familiar with preparation of geotechnical repOlis according to Caltrans, SP 117, and OSHPD guidelines. Both a geotechnical engineer and a professional geologist, Ms. Kan's expeliise includes developments on compressible deposits, mitigation of liquefiable sites; and seismic analyses including site response and spectral acceleration development. In addition, Ms. Kan is experienced in foundation design, retaining wall and shoring design and pavement design.


State Route 92 Access and Multi-Project Roadway Improvements-Foster City, CA Group Leader, Project Manager. Ms. Kan performed a geotechnical exploration and provided pavement design recommendation for multiple roadway improvements projects in Foster City. Specifically, geotechnical recommendations for the new highway 92 on- and off-ramps at Chess Drive are provided according to the CALTRANS design guidelines. The Foster City Multi-Project Roadway Improvement project includes constructing new on- and off- ramps to state highways, traffic lanes on city major streets and sidewalk improvements.

Hecker Pass (Hwy 152)-Gilroy,.CA Senior Engineer. Ms. Kan performed slope stability analyses, prepared retaining wall design recommendations and published a geotechnical report in accordance with Caltrans standards for this project. The project scope includes widening a section of Hecker Pass (Hwy 152) and adding a shoulder lane on the north side of the highway.

San Mateo Bayfront Levee Improvement-San Mateo, CA Project Manager. Ms. Kan prepared a geotechnical report for the project and provided frequent consultation with the City and the civil engineer on geotechnical constraints during design of the proposed levee improvements. The San Mateo Bayfront Levee Improvement project includes construction of flood walls, reconstruction of levees and construction of a new bike path.

-- Expect Excellence -----

EDUCATION

BS, Civil Engineering, University of Illinois at Chicago, 1994

MS, Civil Engineering, University of Illinois at Chicago, 1996

PhD, Civil Engineering, University of Illinois at Chicago, 1999

MBA, Concentration in Real Estate and Finance, University of Washington, 2004

EXPERIENCE



Professional Engineer, CA, 69633 40 Hour HAZWOPER Training, CA, 12100257636 Environmental Manager, NV, 2150 Nuclear Gauge Operator, CA, 12599

SPECIALIZATIONS

• Environmental & Stormwater Permitting

• Environmental Assessments and Remediation

• Environmental Restoration • Geologic Hazard Abatement

Districts (GHADs) • Groundwater Modeling • MS Project

AFFILIATIONS

ASCE American Society of Civil Engineers

ASCE Geo-Institute

GRA - Groundwater Resource Association

OBA - Oakland Builders Alliance

JEFFREY ADAMS, PHD, PE ASSOCIATE ENGINEER·

Dr. Adams joined ENGEO in 1999 and is an Associate Engineer directing environmental assessment, characterization, and remediation projects, geotechnical field reconnaissance and explorations, and engineering design and analyses. Dr. Adams has provided financial analyses on real estate development projects as well as project cost-benefit analyses. He also is heavily involved in our Entitlement and Permitting Support services as well as our programs for Geologic Hazard Abatement Districts. Dr. Adams has pelformed numerous Phase I and II Environmental Site Assessments and site characterizations, as well as a number of analyses and studies utilizing federal, state, and local directives. He specializes in Brownfield redevelopment projects requiring integrated solutions for the mitigation of geotechnical and environmental hazards. Dr. Adams is experienced in developing financial models, cash flow projections and budgets for a variety of projects requiring innovative fmancial solutions.


Jefferson Street Development-Oaldand, CA Project Manager. Dr. Adams provided comprehensive environmental and geotechnical consultation services for a Brownfields redevelopment project in downtown Oakland. The project included several challenges, including limited site access due to on-site business activities, environmental impact related to previous site use, and the presence of several adjacent mid-rise structures. Dr. Adams developed cost-effective remedial value engineering solutions to mitigate the presence of geotechnically and environmentally constraining subsurface solutions. Dr. The project, serving as a cornerstone of the revitalization of downtown Oakland. The project consists of a multi-story residential condominium structure.

Byron Highway Shoulder Widening Project-Byron, CA Project Manager. Dr. Adams provided environmental consultation services, including testing and analyses of potentially contaminated soil. His services included document preparation in a cost-effective manner while maintaining strict adherence to budgets and project deadlines. The project consists of the widening of an existing county highway.

Alcosta Boulevardllnterstate 680 Interchange--San Ramon, CA Project Engineer. Dr. Adams served as Project Engineer. He performed an Aerially Deposited Lead (ADL) assessment program for the rehabilitation and realignment of the interstate highway interchange. The purpose of the investigation was to determine existing lead levels in surface soils.

-- Expect Excel/ence -----

EDUCATION

BS, Geology, California State University, Hayward, 1996

MS, Geology, University of Southern California, 1999

EXPERIENCE

Years with ENGEO: 13 Years with Other Firms: 2


Professional Geologist, CA, 7604 Certified Engineering Geologist, CA, 2356

SPECIALIZATIONS

• Construction Observation • Creek Stabilization/Restoration • Earthquake Fault Evaluation • Excavation· and Shoring • Geographic Information System

(GIS) • Geologic Hazard Abatement

Districts (GHADs) • Geologic Hazard Evaluation • Geomorphology • Grading Project Management • Hillside Grading • Landslide Investigations and

Repairs • Mining/Quarries • Slope Stability • Water Wells/Hydrogeology

BROOKS RAMSDELL, CEG ASSOCIATE GEOLOGIST

Mr. Ramsdell is an Engineering Geologist with over ten years of experience on a variety of challenging projects. He joined ENGEO in 2001 and has extensive experience with projects involving all phases of geotechnical studies for small- to largescale residential, public works, commercial, and multi-use developments. Mr. Ramsdell has a vast knowledge of California geology and expertise in the area of geologic hazards including fault mapping, landslide characterization, and remediation. His responsibilities include conducting geologic hazard assessments and providing recommendations for mitigation on various private residential and public· works projects, including residential subdivisions, water tanks, reservoirs, and sanitation-related infrastructure. He also has extensive experience both with· observations during construction of large grading and landslide remediation projects and with coordinating geotechnical work with contractors and property owners and interfacing with inspectors, peer reviewers, and public agency personnel.


San Rafael Quarry-San Rafael, CA Project Geologist. Mr. Ramsdell performs on-going annual geologic evaluations for the San Rafael Rock Quarry. He also performed a geotechnical exploration for Phase I reclamation grading for the Quarry in addition to an evaluation of the stability of existing and proposed quarry excavations. Mr. Ramsdell performed geologic mapping of the quarry pit slopes and evaluated the potential for wedge, planar, and topple failures at the quarry.

Geotechnical Exploration and Repair of City Access Road-San Ramon, CA Senior Geologist. Mr. Ramsdell performed a geotechnical exploration of a creek bank failure that impacted a City of San Ramon access road. The exploration and design included the drilling and logging of subsurface borings, laboratory testing, slope stability analysis and design of a below grade, cast-inplace concrete wall to protect improvements from future failures along the creek bank.

Sutter Medical Center of Santa Rosa-Santa Rosa, CA Project Manager. Mr. Ramsdell prepared a groundwater study associated with the installation of a groundwater supply well to provide water for the proposed hospital facility to be located near the existing Wells Fargo Center in Santa Rosa, CA.

--.. Expect Excellence --_ .....

EDUCATION

MS, Geology, University of Mining and Geology in Ostrava, Czech Republic, 1988

EXPERIENCE



SWppp Water Quality Meter (Horiba Training) 40 Hour HAZWOPER Training, CA, 111210553793 Radiation Safety Officer, CA, PNT #14476 Nuclear Gauge Operator, CA, 10958 ACI Concrete Field Testing Technician-Level 1 , CA, 00932561 CASQA QSP Certified, CA, 20787

SPECIALIZATIONS

• Geotechnical engineering for hillside developments

• Field management • Horizontal drilling • Watershed design criteria

DALI Rus, QSP CONSTRUCTION SERVICES MANAGER

Mr. Rus joined ENGEO in 1994. He provides project management on various project types including transportation, residential, commercial, infrastructure, master-planned, watelfront, and emergency response. He is highly experienced in construction observation and testing on large hillside grading projects as well as geologic mapping. As a Construction Services Manager, Mr. Rus's roles include supervising, mentoring, and scheduling ENGEO's field representatives performing construction observation services (earthwork and special inspections). He also has significant experience providing hands-on construction observation serviCes for mass grading and infrastructure improvements, and overseeing pavement section rehabilitation in compliance with Standard Specifications of the State of California Division of Highways, Caltn;tns and various Northern California municipalities.

In addition, Mr. Rus is skilled in development projects within environmentally sensitive areas, including riparian corridors, and he performs wetland monitoring services. He also performs SWPPP-related monitoring and stormwater sampling and testing services in accordance with Order No. 2009-009-DWQ.


• Mare Island - On-Call Geotechnical Services-Vallejo, CA CI Placer County Water Agency On-Call Inspection and

Material Testing-Roddin, CA • Downtown Vallejo Virginia Street-Parcel A On-Call-

Vallejo, CA • Civic Plaza Parking Garage-Roseville, CA • G Street Lane Widening-Vallejo, CA • Hercules Bayfront-Hercules, CA • Rohnert Park Highway Overcrossing-Rohnert Park, CA • Bel Marin Keys Unit V Wetland Restoration-Novato, CA • Flagship Avenue-Vallejo, CA • Buchanan Fields - Planned Hangar Building-Concord, CA • Cloverdale Airport Geotechnical Consultation-Cloverdale,

CA • Fire Station No. 85 Testing and Observation services

Pittsburg, CA • Hercules Intermodal Transit Center-Hercules, CA • Hunters Point Shipyard Redevelopment, 'Parcel A'-San

Francisco, CA

EO EXf)()(;1 l:XCaliaIlCH

Amir Zand, Ph.D., P.E., G.E., Senior Geotechnical Project Engineer

Registrations 2013, Civil Engineer, California, GE 3029 2008, Civil Engineer, California, RCE 73910

Years of Experience 16 years (7 years with this firm)

Education

Expertise

PhD, Civil Engineering, University of Southern California, 2011 MS, Geotechnical Engineering, University of Tehran, 1999 BS, Civil Engineering, University of Tehran, 1996

As a senior project engineer with EMI, Dr. Zand has assisted with various geotechnical studies and research projects. He has worked on several geotechnical investigation projects involving numerical modeling, site response analyses, seismic hazard evaluation, liquefaction evaluation and slope stability analyses. Dr. Zand has been also working on NCHRP and Caltrans research projects related to seismic performance of retaining walls and slopes, and numerical modeling of toll bridges.

Key Projects

San Francisco-Oaldand Bay Bridge Corridor Ground Motion Study, Caltrans, Oakland-San Francisco, CA. Project Engineer. Assisted the design team on seismic hazard analysis, site response analysis and foundation modeling.

ADINA Toll Bridge Project, Caltrans, Statewide California. Geoteclmical Engineer. Assisting with development of ADINA finite element models for several Caltrans toll bridges. The responsibilities included site response analyses and developing numerical models for structural analysis of the bridge foundations.

Dumbarton and Antioch Toll Bridges, CA. Geotechnical Engineer. Compiled soil boring data, CPT sounding, shear wave velocity results, and geophysical survey information to develop idealized soil profiles along the two bridges. Utilized GINT software for the database analysis and interpretation of shear strength data. Performed site response analyses and soil structure interaction to develop the ground motion criteria.

America's Cup 34, Port of San Francisco, cA. Project Engineer. Performed probabilistic seismic hazard analyses and site response analyses and developed design ground motion criteria for the project.

Caldecott Tunnel Project, Alameda County, CA. Project Engineer working on site response analyses . and slope stability analyses. The studies focused on evaluation of seismic performance of tunnel portal slopes. Also performed seismic vulnerability assessment of existing 30 feet tall retaining wall outside the tunnel using the site specific ground motion criteria.

BART Aerial Structure Seismic Retrofit, San Francisco Bay Area, CA. Served as a Geotechnical Engineer to develop foundation modeling and SSI analyses for seismic retrofit evaluation of several aerial structures and stations for BART train. Worked closely with the structural designer to develop preliminary retrofit strategy when seismic vulnerability is identified. Documented geotechnical design reports.

Unified Certification Program Page 1 of 1

Back To Query Form

Search Returned 1 Records Mon Aug 25 17:30:53 PDT 2014

Query Criteria FirmlDBA Name: Earth Mechanics, Inc.

Firm Type: DBE

Firm ID FirmIDBA Name Address Line1 Address Line2 City State Zip Code1 Zip Code2 Mailing Address Line1 Mailing Address Line2 Mailing City Mailing State Mailing Zip Code1 Mailing Zip Code2 Certification Type EMail Contact Name Area Code Phone Number Fax Area Code Fax Phone Number Agency Name

Counties

. Districts DBE NAICS

ACDBE NAICS

Work Codes

Licenses Trucks Gender Ethnicity Firm Type

6956 EARTH MECHANICS, INC. 17800 NEWHOPE STREET, SUITE B

FOUNTI.IIN VALLEY CA 92708

DBE [email protected] HUBERT LAW (714 ) 751-3826

(714 ) 751-3928 DEPARTMENT OF TRANSPORTATION 01; 02; 03; 04; 05; 06; 07; 08; 09; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29; 30;

31;32;33; 34; 35; 36;37; 38; 39;40;41;42;43;44;45;46;47;48;49; 50;51;52;53;54;55; 56;57;58; 01; 02; 03; 04; 05; 06; 07; 08; 09; 10; 11; 12; 541330;541380; 541620;

C8707 FEASIBILITY STUDIES; C8715 CONSULTANT, ENGINEERING; C8716 ARCHITECTURAL ENGINEER; C8720 CIVIL ENGINEERING; C8730 SAFETY STUDIES; 18730 RESEARCH & TESTING SERVICES; 18734 LABORATORY TESTING AND ANALYSIS; EC Civil Engineer; EGT Geotechnical Engineer;

M ASIAN PACIFIC DBE

Back To Query Form

http://www.dot.ca.gov/ucp/QuerySubmit.do 8/2512014

GEOTECHNICAL ENVIRONMENTAL

WATER RESOURCES CONSTRUCTION ,-~ .... ~ Expect Excellence -"'-~"'~'.~"~"."~--'--"---------"-'-'-.. ~~ .. -.. -.-~-"c.._C-..",.~._ .. _..:ccc."",-__ ••• __ . ___ _

PREFERRED CLIENT FEE SCHEDULE Effective April 2014

PROFESSIONAL SERVICES President .......................................................................................................................... $285.00 per hour Principal Engineer/Geologist.. ........................................................................................ $235.00 per hour Associate Engineer/Geologist... ...................................................................................... $215.00 per hour Senior Engineer/Geologist .............................................................................................. $190.00 per hour Project Engineer/Geologist/Manager ............................................................................. $170.00 per hour Enviromnental Scientist .................................................................................................. $170.00 per hour StaffEngineer/Geologist. ................................................................................................ $150.00 per hour Assistant Engineer ........................................................................................................... $125.00 per hour Sr. Engineering Services Representative ....................................................................... $135.00 per hour Construction Services Manager ...................................................................................... $145.00 per hour Senior Field Representative II ................................................................................. $135.00 per hour*/** Senior Field Representative I .................................................................................. $120.00 per hour*/** Field Representative ................................................................................................. $115.00 per hour*/** LaboratolY Technician .................................................................................................. $120.00 per hour* Network Administrator ................................................................................................... $150.00 per hour CAD Specialist ................................................................................................................. $125.00 per hour Project Assistant .............................................................................................................. $105.00 per hour

* Two-hour minimum pOlial to portal. Travel time, pick-up and delivery will be billed based on normal hourly rates, portal to portal.

* OVERTIME RATES: Rates increased by factor of 1.5 for all hours worked in excess of eight (8) Monday through Friday, and the first eight (8) hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays.

** For Prevailing Wage projects, increase the hourly rate by $15. ** Rates increased by factor of 1.25 for night shift hours (hours commencing after 4:00 p.m. or before 4:00 a.m.); rates

increased by factor of 1.875 (an additional factor of 1.5) for all night shift hours in excess of eight (8).

ADDITIONAL SERVICES OFFERED In addition to our core services of geotechnical, hydrologic and environmental engineering, including construction-phase testing and observation, ENGEO provides clients with services for establishment and management of Geologic Hazard Abatement Districts (GRAD) and for Entitlement and Permitting Support (EPS). For more information about these services and associated pricing, please contact ENGEO at (925) 866-9000.

OTHER FEES • Equipment and materials will be charged in addition to the above hourly rates. • Outside Consultants, Subcontracted Services and Equipment Rental ............................................... Cost plus 20% • Deposition, Mediation, Arbitration, or Court Appearance (Minimum Charge). $1,600.00 half day/$3,200.00 full day

TERMS Invoices will be submitted at completion of work or at approximately four-week intervals and are due and payable upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1.5 percent per month. In the event it becomes necessary to commence suit to collect amount due, Client agrees to pay attorney's fees and costs, as the court may deem reasonable until amount is paid. Fees will be applicable for one year from the effective date above; thereafter, fees will be adjusted amlUally. Our fees will be billed using an invoice format produced by a standardized accounting software package. A more customized itemization of charges and backup data will be provided upon Client's requests, but at additional fees. Final reports may be withheld until outstanding invoices are paid in full.

Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of client. A principal risk is the potential for human enol' by ENGEO. For client to obtain the benefit of a fee that includes a nominal allowance for dealing with our liability, client agrees to limit ENGEO's liability to Client and all other parties for claims arising out of our performance of the services described in the agreement. The aggregate liability will not exceed $50,000 (or twice ENGEO's fee, whichever is greater, but not more than $1,000,000) for professional acts, enors, or omissions, including attorney's fees and costs that may be awarded to the prevailing party and client agrees to indemnifY and hold harmless ENGEO from and against all liabilities in excess of the monetary limit established above.

2010 Crow Canyon Place, Suite 250· San Ramon, CA 94583 • (925) 866-9000 • Fax (888) 279-2698 www.engeo.com

EQUIPMENT AND MATERIALS CHARGES ~ Expect Excellence ----

DESCRIPTION COST PER UNIT

UNIT ($)

Air Content Meter 7.00 hour All-Terrain Vehicle (Mule) . 25.00 hour Bailers (Disposable) 8.00 each Camera - Video 10.00 hour Concrete Crack Monitor 20.00 each Coring Machine 25.00 hour Electronic Water Level Indicator 5.00 hour Engineering Analysis Software 20.00 hour EguiPment Transport(er) 100.00 hour Exploration Equipment (Percussion Penetrometer) 50.00 hour Floor Flatness/Hoor Level Equipment 20.00 hour Generator 15.00 hour GPS Hand Held (Gatmin) 5.00 hour GPS Survey Grade (Trimble) 90.00 hour Hand Auger and Soil Sampler 15.00 hour Hydraulic Pull-Test Equipment 15.00 hour Interface Probe 2.00 hour Magnetic Particle Test Equipment 8.00 hour Moisture Content Test Equipment 6.00 hour Multi-Parameter Water Meter 15.00 hour pH Meter/Turbidity Meter 10.00 hour Photo Ionization Detector 15.00 hour R Meter (Pachometer) 15.00 hour SamjJling Tubes 10.00 each Sand Cone Equipment and Material 5.00 hour Schmidt Hammer 20.00 hour Skidmore Wilhelm Bolt Tension Calib. 10.00 hour Sl<me Inclinometer/Settlement IndicatorlVW Readout 50.00 hour Torque Wrench 12.00 hour Transfer Pump 3.00 hour Ultrasonic Equipment 25.00 hour Vapor Emission Test Kit 25.00 kit Vector Conversion 60.00 conversion Vehicle, mileage, nuclear gauge, misc. equipment, wireless communication 20.00 hour Vehicle, mileage, misc. equipment, wireless communication 11.00 hour Water Sampling Pumps 20.00 hour Bridge Toll actual actual Mileage .78 mile Parking actual actual Trailer 15.00 hour

AutoCAD, Te11'amodel (Hardware & Software) 20.00 hour Photocopies Black & White 0.25 each Photocopies Color 11 x 17 1.50 each Photocopies Color 8Yz x 11 1.00 each Plot - Black & White 3.00 square foot Plot - Color 4.00 square foot Postage actual actual Scan - Black & White 1.50 each Scan - Color 3.75 each Telephone 0.50 minute

April!,20!4

8. REFERENCES

Mr. Michael Stella, PE . Senior Civil Engineer Town of Danville 510 La Gonda Way Danville, CA 94526 [email protected] (925) 314-3310

Ms. Teri Rie, PE Senior Civil Engineer Contra Costa County Public Works Depaliment 625 Court Street, Room 202 Martinez, CA 94553 [email protected] (925) 313-2363

Mr. Kevin Dumford Supervisor, Inspection Services


City of San Rafael

Contra Costa County Building Inspection Department 651 Pine Street, 3rd Floor, North Wing Martinez, CA 94553-1295 (925) 335-1158 [email protected]

Phil Wong, Director Planning/Community Development Department 2401 Crow Canyon Road San Ramon, CA 94583 (925) 973-2560 [email protected]

Robert Follenfant City of Livermore 1052 So. Livermore Avenue Livermore, CA 94550 (925) 960-4542 [email protected]

August 26,2014 - 24-

Expoct Excel/orlCO

APPENDIX A

Exhibit 10-01 Exhibit 10-02 Exhibit 15-H Exhibit 10-F Exhibit 10-K

August26,2014


City of San Rafael

Expect Excel/ence

Local Assistance Procedures Manual EXHIBIT 10-01 Consultant Proposal DBE Commitment

EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT

(Inclusive of all DBEs listed at bid proposal. Refer to instructions on the reverse side of this form)

Consultant to Complete this Section

1. Local Agency Name: City of San Rafael

2. Project Location: San Rafael

3. Project Description: Geotechnical Engineering and Material Testing Services

4. Consultant Name: ENGEO Incorporated

5. Contract DBE Goal %: 7.71

DBE Commitment Information 6. Description of Services to be Provided 7. DBEFirm 8. DBECert. 9. DBE %

Contact Information Number

Geotechnical EnQineerinQ Earth ~~, lics Inc. 6956 10% ~fi41 Im/P!':tmpnt RI\lrl SlIitp 4

Havward CA 94545 (111 m fiR?-RR~~

Local Agency to Complete this Section 10. Total % Claimed

10% %

16. Local Agency Contract Number:

17. Federal-aid Project Number:

18. Proposed Contract Execution Date:

~I?f-i= Local Agency certifies that all DBE certifications are valid and the 11. Preparer's Signature

information on this form is complete and accurate: Ted Bayham

12. Preparer's Name (Print)

19. Local Agency Representative Name (Print) Principal

13. Preparer's Title

20. Local Agency Representative Signature 21. Date

8/26/14 415-284-9900

22. Local Agency Representative Title 23. (Area Code) Tel. No.

Distribution: (I) Original- Consultant submits to local agency with proposal (2) Copy - Local Agency files

14. Date 15. (Area Code) Tel. No.

Page 1 of2 LPP 13-01 May 8, 2013

Local Assistance Procedures Manual EXHIBIT 10-01 Consultant Proposal DBE Commitment

INSTRUCTIONS - CONSULTANT PROPOSAL DBE COMMITMENT

Consultant Section

The Consultant shall: 1. Local Agency Name - Enter the name of the local or regional agency that is funding the contract. 2. Project Location - Enter the project location as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab,

Overlay, Widening, etc.). 4. Consultant Name - Enter the consultant's firm name. 5.

6.

7.

8.

9.

10.

11. 12. 13. 14. 15.

Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-1 Notice to Proposers DEE Information form. See LAPM Chapter 10. Description of Sel'vices to be Provided - Enter item of work description of services to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, ifthe prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. DBE Firm Contact Information - Enter the name and telephone number of all DBE subc~ntracted consultants. Also, enter the prime consultant's name and telephone number, ifthe prime is a DBE. DBE Cert. Number - Enter the DBEs Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notifY the prime consultant in writing with the date ofthe deceliification iftheir status should change during the course of the contract.) DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/paliial patiicipation. Total % Claimed -Enter the total DBE participation claimed. If the Total % Claimed is less than item "6. Contract DBE Goal", an adequately documented Good Faith EffOli (GFE) is required (see Exhibit 15-H DEE In/ormation - Good Faith Efforts of the LAPM). Preparer's Signature - The person completing this section of the form for the consultant's finn must sign their name. Preparer's Name (Print) - Cleat'ly enter the name ofthe person signing this section of the form for the consultant. Prepal'er's Title - Enter the position/title ofthe person signing this section of the form for the consultant. Date - Enter the date this section ofthe form is signed by the prepareI'. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the consultant.

Local Agency Section:

The Local Agency representative shall: 16. Local Agency Contract Number - Enter the Local Agency Contract Number. 17. Fedel'al-Aid Project Number - Enter the Federal-Aid Project Number. 18. Contl'act Execution Date - Enter date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page 23. 19. Local Agency Representative Name (Print) - Clearly enter the name ofthe person completing this section. 20. Local Agency Representative Signature - The person completing this section ofthe form for the Local Agency must sign their

name to celiify that the information in this and the Consultant Section ofthis form is complete and accurate. 21. Date - Enter the date the Local Agency Representative signs the form. 22. Local Agency Representative Title - Enter the position/title of the person signing this section ofthe.fonn. 23. (Area Code) Tel. No. - Enter the at'ea code and telephone number of the Local Agency representative signing this section of the

form.

LPP 13-01 Page 2 of2

May 8,2013

Local Assistance Procedures Manual EXHIBIT 10-02 Consultant Contract DBE Information

EXHIBIT 10-02 CONSULTANT CONTRACT DBE INFORMATION

(Inclusive of all DBEs listed at contract award. Refer to instructions on the reverse side of this form)

Consultant to Complete this Section

1. Local Agency Name: City of San Rafael

2. Project Location: San Rafael

3. Project Description: Geotechnical Engineering and Material Testing Services

4. Total Contract Award Amount: $ 200,000

5. Consultant Name: ENGEO Incoq:)orated

6. Contract DBE Goal %: 7.71

7. Total Dollar Amount for all Subconsuitants: $ TBD

8. Total Number of all Subconsultants: 1

Award DBEfDBE Information 9. Description of Services to be Provided 10. DBE/DBE Firm 11. DBECert. 12. DBE Dollar

Contact Information Number Amount

Geotechnical Engineerin~ Earth Mechanics Inc. 6956 $ TBD 3541 Investment Blvd, Suite 4 Hayward, CA 94545 (510) 562-8833

Local Agency to Complete this Section 13. Total Dollars

20. Local Agency Contract Number: Claimed TBD $

21. Federal-aid Project Number: 14. Total

22. Contract Execution Date: % Claimed 10 %

Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate:

23. Local Agency Representative Name (Print)

24. Local Agency Representative Signature 25. Date

15~ig£iL 26. Local Agency Representative Title 27. (Area Code) Tel. No.

Ted Bayham 16. Preparer's Name (Print)

Caltrans to Complete this Section Principal 17. Preparer's Title

Caltrans District Local Assistance Engineer (DLAE) certifies that this form 8/26/14 415-284-9900

has been reviewed for completeness: 18. Date 19. (Area Code) Tel. No.

28. DLAE Name (Print) 29. DLAE Signature 30. Date

Distribution: (I) Copy - Email a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract award. Failure to send a copy to the DLAE within 30 days of contract award may result in delay of payment.

(2) Copy - Include in award package sent to Caltrans DLAE (3) Original- Local agency files

Page 1 of2 LPP 13-01 May 8, 2013

Local Assistance Procedures Manual EXHIBIT 10-02 Consultant Contract DBE Information

INSTRUCTIONS - CONSULTANT CONTRACT AWARD DBE INFORMATION

Consultant Section

The Consultant shall: 1. Local Agency Name - Enter the name of the local or regional agency that is funding the contract. 2. Project Location - Enter the project location as it appears on the project advertisement. 3. Project Descl'iption - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab,

Overlay, Widening, etc). 4. Total ContJ'act AwaJ'(l Amount - Enter the total contract award dollar amount for the prime consultant. 5. Consultant Name - Enter the consultant's firm name. 6. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was repolied on the Exhibit 10-1 Notice to Proposers

DEE Information form. See LAPM Chapter 10. 7. Total Dollar Amount for all Subconsultants - Enter the total dollar amount for all subcontracted consultants. SUM = (DBE's +

all Non-DBE's). Do not include the prime consultant information in this count. 8. Total number of all subconsultants - Enter the total number of all subcontracted consultants. SUM = (DBE's + all Non

DBE's). Do not include the prime consultant information in this count. 9. Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be

performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation ofDBE finns.

10. DBE Firm Contact Information - Enter the nanle and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and telephone number, if the prime is a DBE.

11. DBE Cert. Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notii)' the prime consultant in writing with the date of the deceliification if their status should change during the course ofthe contract.)

12. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE, and include DBEs that are not identified as subconsultants on the Exhibit 10-01 Consultant Proposal DEE Commitment form. See LAPM Chapter 9 for how to count fulUpartial participation.

13. Total Dollars Claimed - Enter the total dollar amounts for column 13. 14. Total % Claimed - Enter the total DBE paliicipation claimed for column 13. SUM = (item "14. Total Patiicipation Dollars

Claimed" divided by item "4. Total Contract Award Amount"). If the Total % Claimed is less than item "6. Contract DBE Goal", an adequately documented Good Faith EffOli (GPE) is required (see Exhibit l5-H DEE Information - Good Faith Efforts of the LAPM).

15. Preparer's Signature - The person completing this section of the form for the consultatlt'S finn must sign their name. 16. Preparer's Name (Print) - Clearly enter the natne of the person signing this section of the form for the consultatlt. 17. Preparer's Title - Enter the position/title ofthe person signing this section of the form for the consultant. 18. Date - Enter the date this section ofthe form is signed by the prepareI'. 19. (Area Code) Tel. No. - Enter the at'ea code and telephone number of the person signing this section ofthe form for the

consultant.

Local Agency Section:

The Local Agency representative shall: 20. Local Agency ContJ'act Number - Enter the Local Agency Contract Number. 21. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page

23. 23. Local Agency Representative Name (Print) - Clearly enter the name ofthe person completing this section. 24. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their

name to certify that the information in this and the Consultant Section ofthis form is complete and accurate. 25. Date - Enter the date the Local Agency Representative signs the form. 26. Local Agency Representative Title - Enter the position/title ofthe person signing this section ofthe form. 27. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the

form.

Caltrans Section:

Caltrans District Local Assistance Engineer (DLAE) shall: . 28. DLAE Name (print) - Clearly enter the name of the DLAE.

29. DLAE Signature - DLAE must sign this section of the form to certify that it has been reviewed for completeness.

30. Date - Enter the date that the DLAE signs this section the form.

LPP 13-01 Page 2 of2

MayS, 2013

Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort

EXHIBIT lS-H DBE INFORMATION -GOOD FAITH EFFORTS

DBE INFORMATION - GOOD FAITH EFFORTS

Federal-aid Project No. _____________ Bid Opening Date _______ _

The City of San Rafael established a Disadvantaged Business Enterprise (DB E) goal of7.71 % for this project. The information provided herein shows that a good faith effOli was made.

Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made,

The following items are listed in the Section entitled "Submission ofDBE Commitment" of the Special Provisions:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement NfA

B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with celiainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names ofDBEs Solicited

N/A

OB 12-04

Date of Initial Solicitation

Follow Up Methods and Dates

Page 15-1 June 29, 2012

Exhibit 15-H Local Assistance Procedures Manual DBE Information -Good Faith Effort

C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.

Items of Work Bidder Normally Breakdown of Performs Item Items

(YIN)

N/A

Amount ($)

Percentage Of

Contract

D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

N/A

Names, addresses and phone numbers of firms selected for the work above:

E. EffOlis made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs:

Page 15-2 June 29, 2012

N/A

OB 12-04

Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort

F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results

H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):

NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.

OB 12-04 Page 15-3

June 29, 2012

Local Assistance Procedures Manual EXHBIT 10-F Certification of Consultant, Commissions & Fees

EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES

I HEREBY CERTIFY that I am the __ T_ed_B_a_yh_a_m_,_G_E ___________ , and duly authorized

representative of the firm of __ E_N_G_E_O_ln_c_o_rp_o_r_a_te_d ____________ -----'-, whose address is

2010 Crow Canyon Place, Suite 250, San Ramon, CA 94583 , and that, except as hereby

expressly stated, neither I nor the above firm that I represent have:

(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,

any firm or person (other than a bona fide employee working solely for me or the above consultant) to

solicit or secure this contract; nor

(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services

of any finn or person in connection with carrying out the contract; nor

(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working

solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or

in connection with, procuring or carrying out this contract.

I acknowledge that this Celiificate is to be made available to the California Depmiment of Transportation

(Caltrans) in connection with this contract involving participation of federal-aid highway funds, and is subject to

applicable state and federal laws, both criminal and civil.

8/26/14

(Date)

Distribution: 1) Local Agency Project File (Original & Contract) 2) DLAE (with contract copy)

(Signature)

Page 1 ofl LPP 13-01 May 8, 2013

Local Assistance Procedures Manual EXHBIT 10-K Consultant Certification of Contract Costs and Financial Management System

EXHIBIT lO-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL

MANAGEMENT SYSTEM

(Note: Ifrequesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of DLA-OB 13-07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at

http://www.dot.ca.gov/hq/LocalProgramsIDLA_OBIDLA_OB.htminlieu of tit is form.)

Certification of Final Indirect Costs:

Consultant Firm Name: ENGEO Incorporated

Indirect Cost Rate: ~3:..:...5=..c3=---__ _ Date of Proposal Preparation (mm/dd/yyyy): _8_/2_6_/2_0_1_4 ____ _

Fiscal Period Covered for Indirect Cost Rate Developed (mm/dd/yyyy to mm/dd/yyyy): 1/1/13 - 12/31/12

Contract Number: ----------- Project Number: __________ _

I, the undersigned, celiifY that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief:

1. All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Pali 31.

2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Pati 31.

All known material transactions or events that have occurred affecting the firm's ownership, organization, and indirect cost rates have been disclosedas of the date of proposal preparation noted above.

Certification of Financial Management System:

1, the undersigned, certifY to the best of my knowledge and belief that our financial management system meets the standards for financial reporting, accounting records, internal and budget control as set f01ih in the FAR of Title 49, CFR, Pati 18.20 to the extent applicable to Consultant.

Certification of Dollar Amount for all A&E contracts:

I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ 37,377,326.00 and the number of States in which the firm does business is _1 __ _

Certification of Direct Costs:

I, the undersigned, celiifY to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:

1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Boat'd (when applicable).

Page 1 of2 May 16, 2014

Local Assistance Procedures Manual EXHBIT 10-K Consultant Certification of Contract Costs and Financial Management System

2. Compliant with the terms of the contract and is incurred specifically for the contract.

3. Not prohibited by 23 CPR, Chapter 1, Pmt 172 -Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant.

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files.

Subconsultants (if applicable) Proposed Contract Amount (or amount not to exceed if on-call contract): $ __ T_B_D _____ _

Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ --=2-"--0=--:0'-'-,0-'--0'--0'--__ _

Prime, list all sub consultants and proposed subcontract dollar amounts (attach additional page ifnecessalY):

Earth Mechanics, Inc. $ $--------

$_------$_------$_-------

* Consultant CeItification Signature: -~"-----'---jJ-.-~---7<-!L----------------Consultant Certifying (Print Name and Title):

Name: Ted Bayham, GE -----~-~-------------------------

Title: Principal -----~-----------------------------

Consultant Contact Information:

Email: ___ t_b_a_y_ha_m_@_e_n_9_e_o_.c_o_m ____________________ _

Phone number: 415-284-9900 ----------------------

Date of Celtification (mm/dd/yyyy): __ 8/_2_6/_1_4 _________ _

* An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or ChiefPinancial Officer, or equivalent, who has authority to represent the financial information utilized to establish the indirect cost rate proposal submitted in conjunction with the contract.

Note: Pel' 23 U.S.c. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31. 23 CFR Part 172.3 Definitions state: Consultant means the individual orfirm providing engineering and design related services as a party to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A&I and keep copies in Local Agency Project Files.

Distribution: I) Original to Caltrans Audits and Investigations 2) Retained in Local Agency Project Files

Page 2 of2 May 16,2014

Expect Excellence

Corporate 2010 Crow Canyon Place, Suite 250

San Ramon, CA 94583 Telephone: (925) 866-9000

Company Fax: (888) 279-2698

San Francisco County 322 Pine Street, Suite 300 San Francisco, CA 94104

(415) 284-9900

Santa Clara County 6399 San Ignacio Avenue, Suite 150

San Jose, CA 95119 (408) 574-4900

Alameda County 1330 Broadway, Suite 730

Oakland, CA 94612 (510) 451-1255

San Joaquin County 580 N. Wilma Avenue, Suite A

Ripon, CA 95366 (209) 835-0610

Placer County 2213 Plaza Drive

Rocklin, CA 95765 (916) 786-8883

Los Angeles County 17675 Sierra Highway

Santa Clarita, CA 91351 (661) 257-4004

Orange County 13211 Pusan Way, Suite 16

Irvine, CA 92618 (949) 529-3479

New Zealand 124 Montreal St., Sydenham,

Christchurch 8083 PO Box 373, Christchurch 8140

New Zealand +64 (03) 328 9012

AGREEMENT FOR PROFESSIONAL SERVICES WITH MILLER PACIFIC ENGINEERING GROUP

FOR ON-CALL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES

ARTICLE I INTRODUCTION

A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the CONSULTANT is as follows: MILLER PACIFIC ENGINEERING GROUP

The Project Manager for the "CONSULTANT" will be SCOTT STEPHENS

The name of the "LOCAL AGENCY" is as follows: CITY OF SAN RAFAEL The Contract Manager for the LOCAL AGENCY will be NADER

MANSOURIAN, Public Works Director.

B. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANT's Scope of Work dated August 27,2014.

C. Except as otherwise provided in Subparagraph B above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by LOCAL AGENCY, and hold harmless LOCAL AGENCY, its officers, agents, employees and volunteers (collectively, the "LOCAL AGENCY 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 CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the LOCAL AGENCY Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the LOCAL AGENCY Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the LOCAL AGENCY Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the LOCAL AGENCY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the LOCAL AGENCY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the LOCAL AGENCY Indemnitees or at LOCAL AGENCY'S option reimburse the LOCAL AGENCY lndemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.

D. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the LOCAL AGENCY Indemnitees from and against any CLAIMS that arise out of, petiain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT 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 sale negligence or willful misconduct of LOCAL AGENCY.

E. The defense and indemnification obligations of this Agreement are undetiaken 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.

Page 1 of 17

F. The CONSULTANT and the agents and employees of CONSULTANT, in the performance of this agreement, shall act in an Independent Contractor capacity and not as officers or employees or agents of the LOCAL AGENCY.

G. The LOCAL AGENCY may terminate this agreement with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the LOCAL AGENCY may proceed with the work in any manner deemed proper by the LOCAL AGENCY. If the LOCAL AGENCY terminates this agreement with the CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due the CONSULTANT under this agreement and the balance, if any, shall be paid the CONSULTANT upon demand.

H. Without the written consent of the LOCAL AGENCY, this agreement IS not assignable by CONSULTANT either in whole or in part.

l. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II STATEMENT OF WORK

A. Consultant Services:

The approved CONSULTANT's Statement of Qualifications is attached hereto (Exhibit A) and incorporated by reference.

ARTICLE III CONSULTANT'S REPORTS AND/OR MEETINGS

A. The CONSULTANT shall submit progress reports with the progress invoice. The report should be sufficiently detailed for the Contract Manager to determine, if the CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. The CONSULTANT's Project Manager shall meet with the LOCAL AGENCY's Contract Manager, as needed, to discuss progress on the contract.

ARTICLE IV PERFORMANCE PERIOD

A. This contract shall go into effect upon execution by both pmiies, and the CONSULTANT shall commence work after notification to proceed by the LOCAL AGENCY'S Contract Manager.

B. The term of this Agreement shall be for a two year period running from the date the City Council authorized the LOCAL AGENCY Contract Manager to enter into the Agreement and shall end on October 5, 2016 at 11 :59 PM. The term of this Agreement may be extended for up to two additional two year periods, at the City's sole discretion, with the option to adjust the rates shown in the fee schedule once annually for inflation. The CONSULTANT shall initiate the rate adjustment process by

Page 2 of 17

submitting a proposed adjusted fee schedule to the LOCAL AGENCY Contract Manager for review and approval.

C. The CONSULTANT is advised that any recommendation for contract award is not binding on the LOCAL AGENCY until the contract is fully executed and approved by the LOCAL AGENCY.

ARTICLE V ALLOW ABLE COSTS AND PAYMENTS

A. The LOCAL AGENCY will reimburse the CONSULTANT based on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit A, attached and incorporated herein, in an amount not to exceed $75,000.00 for the original two year term of this Agreement, and in an amount not to exceed $75,000.00 per two year term if the Agreement is extended.

B. The CONSULTANT will not be reimbursed for actual costs (direct or overhead costs) that exceed the approved Agreement value as provided in Subparagraph A above, unless additional reimbursement is provided for by contract amendment. In the event that the LOCAL AGENCY determines that a change to the work from that specified in the contract is required, the contract time and/or actual costs reimbursable by the LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work.

C. Progress payments will be made monthly based on actual hours, hourly costs, and suppOli service costs charged to the project. Progress payments will only be processed upon receipt of itemized invoice and progress repOli submitted to the LOCAL AGENCY. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, the LOCAL AGENCY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of Atiicle VI Termination.

D. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract.

E. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the LOCAL AGENCY's Contract Manager of an itemized invoice. Invoices and progress reports shall be submitted no later than 45-calendar days after the performance of work for which the CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall reference this contract number and project title. Final invoice must contain the final cost and an credits due the LOCAL AGENCY including any equipment purchased under the provisions of Article XVI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of the CONSULTANT's work. Invoices shan be mailed to the LOCAL AGENCY's Contract Manager at the following address:

City of San Rafael Attention: Nader Mansourian

111 Morphew Street San Rafael, CA 94901

F. An subcontracts in excess of $25,000 shall contain the above provisions.

G. CONSULTANT agrees that LOCAL AGENCY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes LOCAL AGENCY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

Page 3 of 17

ARTICLE VI 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 telmination, any and all LOCAL AGENCY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the perfOlmance of its duties under this Agreement, shall be delivered to LOCAL AGENCY as soon as possible, but not later than thirty (30) days after termination.

ARTICLE VII FUNDING REQUIREMENTS

A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made.

B. This agreement is valid and enforceable only, if sufficient funds are made available to the LOCAL AGENCY for the purpose of this contract. In addition, this agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.

D. The LOCAL AGENCY has the option to void the contract under the 30-day cancellation clause, or by mutual agreement to amend the contract to reflect any reduction of funds.

ARTICLE VIII CHANGE IN TERMS

A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the LOCAL AGENCY.

C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the LOCAL AGENCY.

Page 4 of 17

E. If any conflicts arise between the tenllS 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.

F. There shall be no change in the CONSULTANT's Project Manager or members of the project team, as listed in the approved Scope of Work, which is a part of this contract without prior written approval by the LOCAL AGENCY's Contract Manager.

G. The CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the LOCAL AGENCY's Contract Manager.

ARTICLE IX DISADV ANT AGED BUSINESS ENTERPRISES (DBE) P ARTICIP ATION

A. The Agency has established a DBE goal for this Agreement of 7.71 %.

B. DBEs and other small businesses are strongly encouraged to pal1icipate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Pal1icipation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The CONSULTANT should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

C. CONSULTANTs are encouraged to use services offered by financial institutions owned and controlled by DBEs.

D. It is the CONSULTANT's responsibility to be fully informed regarding the requirements of 49 CFR, Pal1 26, and the Depal1ment's DBE program developed pursuant to the regulations. Pal1icular attention is directed to the following:

1. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be cel1ified through the California Unified Cel1ification Program (CUCP).

2. A cel1ified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company.

3. A DBE proposer not proposing as ajoint venture with a non-DBE, will be required to document one or a combination of the following:

i. The proposer is a DBE and will meet the goal by performing work with its own forces.

ii. The proposer will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies.

iii. The proposer, prior to proposing, made adequate good faith effol1s to meet the goal.

4. A DBE joint venture pal1ner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

Page 5 of 17

5. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

6. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all DBE subcontractors should be listed in the bid/cost proposal list of su bcontractors.

7. A prime contractor who is a celiified DBE is eligible to claim all of the work in the Agreement toward the DBE paIiicipation except that portion of the work to be performed by non-DBE subcontractors.

E. CONSULTANTs shall adhere to the following regarding subconsultants:

1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the LOCAL AGENCY and any subconsultant, and no subcontract shall relieve the CONSULTANT of his/her responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its sub consultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

2. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subconsuItants.

3. CONSUL T ANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

4. Any substitution of subconsuItants must be approved in writing by the LOCAL AGENCY's Contract Manager in advance of assigning work to a substitute subconsuItant.

F. The following shall pertain to the performance of DBE consultants and other DBE Subconsultants/Suppliers:

1. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors.

2. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE paliicipation. In determining whether a DBE is such an extra paliicipant, examine similar transactions, particularly those in which DBEs do not paIiicipate.

3. If a DBE does not perform 01' exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force, 01' the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function.

G. The following shall peliain to Prompt Payment of Funds Withheld to Subcontractors:

Page 6 of 17

1. No retain age will be held by the LOCAL AGENCY from progress payments due the prime CONSULTANT. Any retainage held by the prime CONSULTANT or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the LOCAL AGENCY's prior written approval. Any violation of this provision shall subject the violating prime CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the prime CONSULTANT, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime CONSULTANT and subconsultants.

2. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.

H. The following shall pertain to DBE Records:

1. The CONSULTANT shall maintain records of materials purchasedand/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

2. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final RepOli-Utilization of Disadvantaged Business Enterprise (DB E), First-Tier Subcontractors," CEM-2402F (Exhibit 17-F, Chapter 17, of the LAPM), celiified correct by the CONSULTANT or the CONSULTANT's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the CONSULTANT when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors" is submitted to the Contract Manager.

1. The following shall pertain to DBE Certification and Decertification Status:

1. If a DBE subconsultant is deceliified during the life of the Agreement, the deceliified subconsultant shall notify the CONSULTANT in writing with the date of deceliification. If a subconsultant becomes a celiified DBE during the life of the Agreement, the subconsultant shall notify the CONSULTANT in writing with the date of certification. Any changes should be repOlied to the LOCAL AGENCY's Contract Manager within 30 days.

ARTICLE X COST PRINCIPLES

A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost individual items.

B. The CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

Page 7 of 17

C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to the LOCAL AGENCY.

ARTICLE XI CONTINGENT FEE

The CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XII RETENTION OF RECORDS/AUDIT

For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; the CONSULTANT, subcontractors, and the LOCAL AGENCY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All patties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, the State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the CONSULTANT that are peltinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

Subcontracts in excess of $25,000 shall contain this provision.

ARTICLE XIII DISPUTES

A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the LOCAL AGENCY's Contract Manager and other LOCAL AGENCY representatives, who may consider written or verbal information submitted by the CONSULTANT.

B. B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the LOCAL AGENCY GOVERNING BOARD of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this contract.

ARTICLE XIV AUDIT REVIEW PROCEDURES

A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the LOCAL AGENCY'S FINANCE DIRECTOR.

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B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a review by the LOCAL AGENCY'S FINANCE DIRECTOR of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by the LOCAL AGENCY wiJI excuse the CONSUL T ANT from full and timely performance, in accordance with the terms of this contract.

ARTICLE XV SUBCONTRACTING

A. The CONSULTANT shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the LOCAL AGENCY'S Contract Manager, except that, which is expressly identified in the approved Cost Proposal.

B. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all the provisions stipulated in this contract to be applicable to subcontractors.

C. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's Contract Manager.

ARTICLE XVI EQUIPMENT PURCHASE

A. Prior authorization in writing, by the LOCAL AGENCY's Contract Manager shall be required before the CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. F or purchase of any item, service or consulting work not covered in the CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by the LOCAL AGENCY's Contract Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased as a result of this contract is subject to the following: "The CONSUL T ANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 01' more. If the purchased equipment needs replacement and is sold or traded in, the LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, the CONSULTANT may either keep the equipment and credit the LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public 01' private sale, in accordance with established LOCAL AGENCY procedures; and credit the LOCAL AGENCY in an amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fail' market value shall be determined at the CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the LOCAL AGENCY and the CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the LOCAL AGENCY." 49 CFR, Patt 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5000.00 is credited to the project.

D. All subcontracts in excess $25,000 shall contain the above provisions.

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ARTICLE XVII INSPECTION OF WORK

The CONSULTANT and any subcontractor shall permit the LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis.

ARTICLE XVIII SAFETY

A. The CONSULT ANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. The CONSULTANT shall comply with all of the requirements set f01ih in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.

ARTICLE XIX INSURANCE

A. During the term of this Agreement, CONSULT ANT shall maintain, at no expense to LOCAL AGENCY, the following insurance policies:

1. A commercial general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence/two million dollars ($2,000,000) aggregate for death, bodily injury, personal injury, or property damage.

2. An automobile liability insurance policy, for owned, non-owned, and hired vehicles, in the minimum amount of one million ($1,000,000) dollars per occurrence.

3. If any licensed professional performs any of the services required to be petformed under this Agreement, a professional liability insurance policy in the minimum amount of two million ($2,000,000) dollars per occurrence/four million dollars ($4,000,000) aggregate to covel' any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, LOCAL AGENCY reserves the right to require CONSULT ANT to provide professional liability insurance pursuant to this section.

4. If it employs any person, CONSULTANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULTANT and LOCAL AGENCY

Page 10 of 17

against all liability for injuries to CONSULTANT's officers and employees. CONSULTANT'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against LOCAL AGENCY.

B. The insurance coverage required of the CONSULTANT in Subparagraph A above, shall also meet the following requirements:

1. Except for professional liability insurance, the insurance policies shaH be specificaHy endorsed to include the LOCAL AGENCY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies.

2. The additional insured coverage under CONSULTANT'S insurance policies shaH be primary with respect to any insurance or coverage maintained by LOCAL AGENCY and shall not call upon LOCAL AGENCY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shaH be at least as broad as ISO form CG20 01 04 13.

3. Except for professional Iiability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractualliabiIity and personal injury.

4. The insurance policies shall be specifically endorsed to provide that the insurance catTier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the LOCAL AGENCY Contract Manager.

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 shaH contain or be endorsed to contain a provision that such coverage shall also apply on a ptimary and noncontributOlY basis for the benefit of LOCAL AGENCY (if agreed to in a written contract or agreement) before LOCAL AGENCY'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 LOCAL AGENCY 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 CONSULTANT's insurance policies must be declared to and approved by the LOCAL AGENCY's Contract Manager and LOCAL AGENCY's City Attorney, and shall not reduce the limits of liability. Policies containing any selfinsured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or LOCAL AGENCY or other additional insured party. At LOCAL AGENCY's option, the deductibles or self-insured retentions with respect to LOCAL AGENCY shall

Page 11 of 17

be reduced or eliminated to LOCAL AGENCY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attomey's fees and defense expenses.

D. Subcontractors. CONSULTANT agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement regarding indemnity and insurance to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by CONSULTANT agree to be bound to CONSULTANT and LOCAL AGENCY in the same manner and to the same extent as CONSULTANT is bound to LOCAL AGENCY under this Agreement. All subcontractors shall provide insurance with a blanket additional insured endorsement or coverage at least as broad as ISO form CB 20 38 04 13, and CONSULTANT shall provide a copy of such endorsement of policy provision to LOCAL AGENCY.

E. Proof of Insurance. CONSULTANT shall provide to the LOCAL AGENCY's Contract Manager or LOCAL AGENCY'S City Attomey 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. LOCAL AGENCY reserves the right to obtain a full celtified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to fonTI and sufficiency by LOCAL AGENCY Contract Manager and the LOCAL AGENCY City Attorney.

ARTICLE XX OWNERSHIP OF DATA

A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in the LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to the LOCAL AGENCY. The CONSULTANT shall fumish the LOCAL AGENCY all necessary copies of data needed to complete the review and approval process.

B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this contract has been entered into.

C. The CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the LOCAL AGENCY of the machine-readable information and data provided by the CONSULTANT under this agreement; fUither, the CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by the CONSULTANT.

D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreements as appropriate.

E. The LOCAL AGENCY may permit copyrighting repOits or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

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F. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXI CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR

A. If claims are filed by the LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from the CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with the LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceed ings.

B. CONSULTANT's personnel that the LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the CONSULTANT's personnel services under this agreement.

C. Services of the CONSULTANT's personnel in connection with the LOCAL AGENCY's construction contractor claims will be performed pursuantto a written contract amendment, if necessary, extending the termination date of this agreement in order to resolve the construction claims.

D. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXII CONFIDENTIALITY OF DATA

A. All financial, statistical, personal, technical, or other data and information relative to the LOCAL AGENCY's operations, which are designated confidential by the LOCAL AGENCY and made available to the CONSULTANT in order to carry out this contract, shall be protected by the CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by the LOCAL AGENCY relating to the contract, shall not authorize the CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. The CONSULTANT shall not comment publicly to the press or any other media regarding the contract or the LOCAL AGENCY's actions on the same, except to the LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee.

D. The CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be perfonued under this contract without prior review of the contents thereof by the LOCAL AGENCY, and receipt of the LOCAL AGENCY'S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by the CONSULTANT to any entity other than the LOCAL AGENCY.

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ARTICLE XXIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION

In accordance with Public Contract Code Section 10296, the CONSULTANT hereby states under penalty of peljury that no more than one final unappealable finding of contempt of cOUli by a federal cOUli has been issued against the CONSULTANT within the immediately preceding two-year period, because of the CONSULTANT's failure to comply with an order of a federal comi that orders the CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXIV EVALUATION OF CONSULTANT

The CONSULTANT's performance will be evaluated by the LOCAL AGENCY. A copy of the evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments shall be retained as pali of the contract record.

ARTICLE XXV STATEMENT OF COMPLIANCE

The CONSULTANT's signature affixed herein, and dated, shall constitute a celiification under penalty of peljury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

ARTICLE XXVI DEBARMENT AND SUSPENSION CERTIFICATION

A. The CONSULTANT's signature affixed herein, shall constitute a celiification under penalty of perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49, Code of Federal Regulations, Pali 29, Debarment and Suspension Celiificate, which celiifies that he/she or any person associated therewith in the capacity of owner, paliner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a cOUli of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the LOCAL AGENCY.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

ARTICLE XXVII STATE PREVAILING WAGE RATES

A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1771, and all federal, state, and local laws and ordinances applicable to the work.

B. Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article.

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ARTICLE XXVIII CONFLICT OF INTEREST

A. The CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow.

B. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement.

C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Aliicle.

D. The CONSULTANT hereby celiifies that neither CONSULTANT, nor any finn affiliated with the CONSULTANT will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.

E. Except for subcontractors whose services are limited to providing surveying or materials testing information, no subcontractor who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.

ARTICLE XXIX REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION

The CONSULTANT warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XXX NOTIFICATION

All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

LOCAL AGENCY:

Miller Pacific Engineering Group Scott Stephens 504 Redwood Boulevard, Suite 220 Novato, CA 94947

City of San Rafael Nader Mansourian, Contract Manager 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560

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ARTICLE XXXI AGREEMENT

The two parties to this agreement, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this agreement constitutes the entire agreement which is made and concluded in duplicate between the two pat1ies. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this agreement as evidenced by the signatures below.

ARTICLE XXXII NON-DISCRIMINATION CLAUSE

During the performance of this Agreement, CONSULTANT and its subconsultantss shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set fot1h in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a pat1 hereof as if set forth in full. CONSULTANT and subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

CONSULTANT shall include the nondiscrimination and compliance provisions of this clause In all subcontracts to perform work under the Agreement.

ARTICLE XXXIII NO THIRD PARTY BENEFICIARIES

LOCAL AGENCY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one patiy, under the terms and conditions of this Agreement, to the other party.

ARTICLE XXXIV 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 petfonnance ofthis Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action.

ARTICLE XXXV LOCAL AGENCY BUSINESS LICENSE / OTHER TAXES

CONSULTANT shall obtain and maintain during the duration of this Agreement, a LOCAL AGENCY business license as required by the San Rafael Municipal Code. CONSULT ANT shall pay any and all state and federal taxes and any other applicable taxes. LOCAL AGENCY shall not be required to pay for any work petformed under this Agreement, until CONSULTANT has provided LOCAL AGENCY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification) .

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ARTICLE XXXVI 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.

ARTICLE XXXVII APPLICABLE LAW

The laws of the State of California shall govern this Agreement.

CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the perfonnance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnity and hold harmless LOCAL AGENCY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences fium any noncompliance or violation of any laws, ordinances, codes or regulations.

ARTICLE XXXVIII SIGNATURES

CITY OF SAN RAFAEL

NADER MANSOURIAN Public Works Director

ATTEST:

ESTHER C. BEIRNE City Clerk

APPROVED AS TO FORM:

ROBERT F. EPSTEIN City Attorney

MILLER PACIFIC ENGINEERING GROUP

By: ____________ _

Title: ____________ _

Page 17 of 17

August 27, 2014 File: 14-7381soq.doc

City of San Rafael Department of Public Works 111 Morphew Street, PO Box 151560 San Rafael, California 94915-1560

Attn: Ms. Leslie Blomquist

Re: Proposal for On-call Geotechnical Engineering Services San Rafael, California

Introduction

I INGINIIRING GROUP

EXHIBIT A

Following receipt of your request for qualifications (RFQ), we are pleased to submit our Statement of Qualifications for as-needed geotechnical services for the City of San Rafael. This submittal presents information regarding Miller Pacific's qualifications, experience, personnel, and other information.

1. Executive Summary

Miller Pacific Engineering Group provides clients with services in the Geosciences by drawing on decades of professional expertise in Geology, Civil and Geotechnical Engineering. Although the firm's experience extends throughout the seventeen western states, Alaska, Hawaii and Guam, the majority of its projects are in the San Francisco Bay Area and Redwood Empire Region. Miller Pacific has completed over 1,500 projects in Marin County. We believe we are uniquely qualified to provide the requested seryices for the City of San Rafael for the following reasons:

• Our Novato office location enables us to provide rapid response and minimize travel costs and we do not have a minimum charge time;

• We are familiar with local geotechnical conditions, having completed hundreds of projects in San Rafael, including over 150 projects for the City of San Rafael and San Rafael Sanitation District;

• We have several registered civil . and geotechnical engineers that are experienced working with San Rafael's varied geologic conditions ranging from soft bay mud site to hard bedrock;

• We have several qualified Caltrans certified field technicians able to perform inspection and testing on the City's construction projects;

• We have a Caltrans certified laboratory and field equipment for rapid response on needed laboratory soil testing;

• Our firm is familiar with City of San Rafael personnel and procedures from our previous experience working on City projects.

504 Redwood Blvd., Suite 220 Novato, California 94947 T (415) 382-3444 F (415) 382-3450

City of San Rafael Page 2

2. Project Team

MILLER PACifiC ENGINURING GROUP

August 27,2014

Miller Pacific's primary strength lies in the quality and diversity of our staff with their varied academic and project experience. Our staff enables Miller Pacific to be responsive to client needs and to successfully complete project tasks on time. Our experienced Marin County personnel would be assigned to various design, consultation and construction inspection projects for the duration of this contract. An organization chart is provided in the attached statement of qualifications material.

Mr. Scott Stephens, will be the primary point of contact and will be available throughout the duration of all project assignments. He can be contacted at:

Miller Pacific En'gineering Group 504 Redwood Blvd., Suite 220 Novato, CA 94947 Tel 415-382-3444, Fax 415-382-3450 e-mail: [email protected]

Miller Pacific Engineering Group intends to service this contract with a minimum of sub-contractors and/or SUb-consultants. Typical sub-contractors would include subsurface exploration firms, traffic control contractors, outside testing laboratories, utility locators and/or surveyors, depending on the unique project circumstances. As the need for sub-contractors arise, we fully intend to utilize local and/or disadvantaged business enterprises (DBEs) if possible. We are familiar with the various DBE certifying agencies, including CalTrans and the California Unified Certification program.

3. Experience and Technical Competence

With 12 professionals and a total staff of 18, Miller Pacific specializes in Geotechnical Engineering, Geo-Civil Engineering and Materials Testing and Inspection Services. For twenty-five years, the firm has been providing geotechnical and materials testing and inspection services to a wide variety of clients, including state, federal and local municipalities. Our main office is located Novato, California, with satellite offices in Petaluma and Napa.

We have extensive experience providing such services through local on-call, as-needed contracts. Agencies for whom we have provided on-call and as-needed consulting services include: County of Marin, Napa County, Sonoma County, City of San Rafael, City of Mill Valley, Town of Tiburon, Town of Belvedere, Town of Fairfax, City of Novato, City of Petaluma, Marin Municipal Water District, North Marin Water District, Ross Valley Sanitary District, Novato Sanitation District, City of Napa and Contra Costa County.

Many of our on-call municipal projects have consisted of the repair of landslides, roadways and drainage systems with several projects performed on an emergency basis requiring immediate recommendations to mitigate imminent danger to life or property. We will provide emergency contact information including cell phone numbers of our project managers for 24-hour-a-day, seven days a week contact to response to emergency situations. Our office and staff are located within 'Yz-hour of San Rafael to work with the emergency response construction crews.


MllllR PACifiC ENGINIIRING GROUP

August 27,2014

In addition to traditional geotechnical engineering, inspection and testing we perform the geo-civil designs. We routinely prepare construction documents (plans and specifications) for geotechnical based projects including earth retaining systems, landslide repairs, pedestrian bridges and synthetic turf.

Training sessions attended by both senior and junior staff, quality is achieved through a' peer review system which ensures the highest level quality product is delivered to the client. The firm participates regularly in professional activities and have undergone five cycles of PEER review inspections and evaluations by ASFE, the National Association of Professional Firms Practicing in the Geosciences. Our laboratory is accredited within the AASHTO Accreditation Program (AAP), is certified for Caltrans materials testing, and is an approved LEA (Laboratory Evaluation and Acceptance) laboratory through California's Division of the State Architect (DSA).

A few examples of Miller Pacific projects are presented in the attached Statement of Qualifications.

4. Methods Proposed to Accomplish the Work

We have established effective management control systems and have integrated them for project administration. Having completed many complex geotechnical projects within strict time constraints, the Miller Pacific project team has developed flexible management systems which allow Project Managers to draw on experienced technical and administrative personnel throughout the company. We believe we have adequate personnel available to respond to the City of San Rafael's projects. We have been providing geotechnical services to San Rafael for almost 25 years without inadequate staffing issues

Communication and previous experience are critical to project success and to meet the needs of important clients such as the City of San Rafael. Miller Pacific has great success managing similar projects with several municipalities. Our Project Manager will review and assign specific projects tasks and schedules to the appropriate key personnel in order to meet project requirements and schedules.

Miller Pacific utilizes quality control programs that facilitate compliance with project performance standards, schedules, and budgets. One important goal of our quality control program is to produce geologic and geotechnical reports of known and acceptable quality on. all work assignments. Our policy is to maintain professional standards in all aspects of project tasks and management. Most reports are reviewed by senior personnel other than the project manager to confirm key issues are addressed and recommendation and design criteria are appropriate for the project site conditions.

Miller Pacific's accounting system allows efficient sharing of a project's financial data. Personnel time and budgetary information is tracked and logged on a daily basis and can be accessed at any time to keep the City updated on current project budget status. Project financial information is provided weekly in Job Cost Accounting reports to keep Project Managers aware of each project's budgetary status. Invoices are reviewed and checked for quality and accuracy by the Project Manager prior to sending to the client.


MllllR PACIFIC INGINIEHING GHOUP

August 27,2014

We will provide on-call field testing and observation personnel on a schedule requested by the City's Construction Engineer/Manager. Our primary field equipment will be a nuclear density gauge for compaction testing of aggregate base and asphalt concrete. Our nuclear gauges are calibrated annually and we will provide proof of this calibration, if requested. We generally follow ASTM and/or Caltrans guidelines for both the field and laboratory testing required for the project.

5. Knowledge and Understanding of the Industry

Miller Pacific Engineering Group has provided geotechnical investigations, geo-civil design and construction observation and testing services for several hundred projects in Marin County. We are currently providing geotechnical services for the City of San Rafael and San Rafael Sanitation District. A few of the firm's recent projects requiring geotechnical services are listed below. Most of these projects were federally funded.

City of Novato 2011-2014 CIP Projects - MPEG is currently providing construction testing services for the new City administrative offices, and for asphalt concrete paving. and repair of numerous roads in the City. Currently developing a database of geotechnical project requiring future work. Last year we performed construction testing services for several roadway improvement projects and in 2011 we provided testing services on a 1.8 million dollar commuter bike lane requiring retaining walls up to 15-feet in height.

Reference: Mr. Julian Skinner, P.E., Novato DPW, 415-897-8961 MPEG Contract Amount: $150,000, Date of Completion: ongoing

City of Mill Valley 2000-2014 Street and Sewer Improvements - Geotechnical services included investigation, design and contract documents for roadway and slope stabilization with retaining structures. Construction services included compaction testing of asphalt concrete and asphalt concrete quality control testing for asphalt concrete overlays, utility trench backfill compaction testing, concrete testing, shotcrete testing and tieback testing during construction of numerous retaining walls (soldier pile, CIDH, soil nail walls) in Mill Valley. We have performed numerous peer review for projects throughout the City. We also maintain a database to monitor potential landslide areas and to address the higher priority site before they turn into larger landslide repair projects.

Reference: Ms. Jill Barnes, City of Mill Valley, 415-383-6020 MPEG Contract Amount: $200,000, Date of Completion: ongoing

County of Marin 2012-2014 Road Resurfacing - Miller Pacific Engineering Group provided inspection and material testing services for the Southern Marin Roads Resurfacing Project, Novato Boulevard Paving, and Measure A Roads Rehabilitation. Our construction observation and testing services included compaction testing during placement of asphalt concrete and aggregate base rock, material testing of asphalt concrete, and other as-requested tasks. We are currently investigation and design repair plans for several landslides that are adversely affecting roadways.


Reference: Mr. RJ Suokko, County of Marin, 415-473-4399 MPEG Contract Amount: various $, Date of Completion: ongoing

MILLER PACifiC INGINHRING GROUP

August 27,2014

Marin Municipal Water District 2011 - 2013 - As part of an "on-call" construction services agreement with MMWD, Miller Pacific Engineering Group is providing utility trench backfill compaction testing for all of the District's water pipeline projects. We are also collecting CDF and concrete samples (cylinders) for various projects and performing strength testing.

Reference: Mr. Jeff Ohmart, MMWD, 945-1574 MPEG Contract Amount: $150,000, Date of Completion: ongoing

City of Larkspur Street and Drainage Improvements - Last year we provided services on approximately 10 projects for the City, including the 1.8 million dollar reconstruction of Doherty Drive, a Full Depth Reclamation (recycling) and widening of a main arterial from Highway 101 into the City. Other projects include design of a new 8-foot high retaining wall in the City Hall parking lot, landslide evaluations and repair alternatives for' Corte Alejo and Via Navarro, drainage improvement projects for Cedar/Magnolia and Madrone Canyon and a pavement reconstruction project on Old Redwood Highway. Miller Pacific provides both design and materials testing services to the City.

Reference: Mr. Hamid Shamsapour, former Director of Public Works, 415-927-5017, Date of Completion: 2014

City of Sonoma Street Improvements - Miller Pacific Engineering Group is providing geotechnical and pavement design services for numerous street rehabilitation projects. Nearly 20 street projects have been designed and readied for construction, reconstructed or rehabilitated over the past 3 years. During the construction phase 9f these projects, Miller Pacific commonly performs testing of subgrade soils in digout areas, performs laboratory quality assurance tests on imported materials, tests compaction on baserock and asphalt, and performs concrete strength testing.

Reference: Ms. Toni Bertolero, City Engineer, (707) 523-1010, Date of Completion: ongoing

Napa County 2010 and 2012 Slurry Sealing Projects - MPEG provided construction testing services during slurry sealing of numerous roads throughout Napa County. Commencing in early October 2010 and scheduled for completion in mid-October, two contractors with multiple crews placed both conventional Caltrans Type 2 Slurry Seals and Rubberized Emulsion Aggregate Slurry. Nearly 5,000,000 square feet of roadway was subject to this work, and our scope consisted of materials testing of the sand aggregate and binder oil for conformance with the project specifications. We also assisted Napa County's Construction Inspector as requested for field quality control.

Reference: Mr. Anthony Morales, P.E., Napa County DPW, 707-253-4351 MPEG Contract Amount: $30,000, Date of Completion: 2012


MlllfR PACifiC ENGINIERING GROUP

August 27, 2014

Novato Sanitary District Treatment Plant, Novato Sanitary District - Geotechnical investigation for new treatment plant improvements, including sedimentation and aeration basins, conveyance pipeline connecting main plant to Ignacio plant, various structures and retaining walls. Construction services included observation of foundation excavations, including auger cast piles and drilled piers, wick drain installation, field density testing of compacted fill, trench backfill and roadway construction.

References: Mr. Steve Clary, RMC, 925-299-6733 or Mr. Steve Wrightson, Covello, 415-892-5143 MPEG Contract Amount: $97,000, Date of Completion: 2013

Town of Tiburon 2008 - 2011 Streets Overlays, Tiburon - Construction services included compaction testing of asphalt concrete and asphalt concrete quality control testing for asphalt concrete overlays in Tiburon.

Reference: Mr. Nick Nguyen, Town of Tiburon, 415-435-7388 MPEG Contract Amount: $19,000, Date of Completion: 2011

6. Project Organization and Key Personnel

Our senior personnel are experienced and prepared for various geologic, geotechnical and construction projects. Office and cell phone numbers and e-mail contacts will be provided to the City project manager/representative(s) for project communication. Key members of the Miller Pacific team are listed below with resumes provided in the attached SOQ package.

Project Manager: Technical Advisor: Project Engineer: Project Engineer: Project Geologist:

Scott A. Stephens (MPEG President & Principal Engineer) Michael P. Morisoli (MPEG Vice-President & Principal Engineer) Eric A. Dabanian (Associate Engineer) Benjamin S. Pappas (Senior Engineer) Michael F. Jewett (CEG)

Our technical field and laboratory staff is qualified and experienced in performing construction observation and testing for all types of earthwork and structural projects including federally funded roadway projects requiring Caltrans certification. Several. members of our staff are also 40-hour HAZWOPER trained to sample potentially contaminated soil and groundwater.

Information about Miller Pacific Engineering Group and resumes of the key personnel available to work on the City's projects are included in the attached Statement of Qualifications. Miller Pacific Engineering Group has completed Caltrans' Training and Certifying of Independent Assurance Samplers and Testers.

7. Schedule of Fees

Our 2014 schedule of charges is included in the attached SOQ material for review by the City.


8. References

MillER PACifiC INGINURING GROUP

August 27,2014

A list of several of our local government references is included in the attached SOQ material.

We believe that our varied experience with geotechnical engineering design and construction of local government projects closely matches the future needs of the City. Client satisfaction is very important and we strive to continually improve our quality of service and timely response to client needs. We look forward to the opportunity of discussing our capabilities with you. If you have any questions please call.

Yours very truly, MILLER PACIFIC ENGINEERING GROUP

Scott A. Stephens Geotechnical Engineer No. 2398 (Expires 6/30/15)

Attachments: Statement of Qualification Package DBE Exhibits

Complete Geotech.nical Geologic and Geo-Ctvil Engineering Services

Miller Pacific Engineering Group has been serving public and private sector clients, primarily in northern California, for over 20 years. Our experience enables liS to provide clients with cost-effective solutions to achieve overall project goals.

Geotechnical Feasibility • is the basis for a well thought-out project • avoids environmentally sensitive 01' geologic hazard areas • identifies the geotechnical opportunities and constraints • develops conceptual solutions for site specific conditions • aids in conceptual deSign, project planning and cost esthnating

Geotechnical and Geologic Hazards Analysis • evaluates site specific conditions for hazards • determines earthquake and fault movement potential • estimates seismic ground motion for design • checks potential for liquefaction, lurching and seismic settlement • evaluates slope stability, erosion, settlement and soil expansion

Geotechnical Exploration and Testing • exploration drilling and undisturbed soil sampling • cone penetration testing • seismic refraction surveys • slope inclinometers and ground water monitoring • rock coring • l1boratolY testing for physical properties

Engineering • site grading recommendations • evaluation of foundation and retaining wall alternatives • design criteria for foundations and walls • settlement analysis • slope stability analysis • seislnic response analysis • subsurface drainage recommendations

For Geotechnical projects, Miller Pacific Engineering Group offers complete Geo-Civil Engineering services. We provide a single source of engineering, from initial site evaluation through project completion. Our services include site investigation, engineering evaluation, design plans, specifications, cost estimates, bidding and construction management.

Geo-Civil Engineering • retaining structures • landslide reconstruction • foundation repair • levee and reinforced earth construction • soil stabilization • shoreline protection • synthetic turf field design

Construction Services • plan reviews • geotechnical submittal reviews • QAlQC laboratolY testing • earthwork inspection and compaction testing • pile driving inspection • drilled pier inspection and confirmation of subsurface conditions • foundation excavation inspection and earth reinforcement monitOling • subdrain design and verification • concrete sampling and testing • summalY reports and/or as-built plans

We appreciate the confidence of the clients and co-professionals we have recently served:

Amerifund Lending Group County of Marin Law Offices Frederick Peterson Roger, Scott & Helmer A-NWest County of Napa Law Offices Newton DalPoggetto Ross Stores Anchor Engineering County of Sonoma La-Z Boy Retail Showroom Ross Valley Sanitary District Applied Water Resources Covello Group Leana Investments Royston Hanamoto Alley & Abey Artesian Environmental Craiker Architects & Planners Inc Ledcor Construction RWR Construction Athenian School CSW/Stuber Stroeh Leonard Charles & Associates Salinas High School Axt & Mitchell Architects Dashiell Corporation LSA Associates Salvation Army Petaluma Corps Balance Hydrologics De La Salle High School Lunny Grading and Paving San Francisco Seminary Barker Pacific Group Dillon Beach Maggiora & Ghilotti Inc. San Rafael Sanitation District Basin Street Properties Domaine Chandon Winery Marin Academy Sanitary District No.1 Baycor Builders Dome Construction Corporation Marin City Affordable .Houslng Santa Rosa City Schools Beals Alliance Domincan University Marin Coast Ranch Santa Rosa Junior College Bellecci & Associates, Inc. Dry Creek Band of Pomo Indians Marin Country Day School Sara Lee Bakery Group Beresford Corporation Dutra Materials Marin County Office of Education Sausalito Marin City Schools Biggs Cardosa Associates EDAW, Inc. Env. Planners Marin Municipal Water District Seascape Homeowners Assoc. BioMarin Pharmaceutical Emerald Bay Development Marshall I Lee Inc. Architects Sewerage Agency of S Marin BKF Engineers ESA Meadow Club

SFE Design, Inc. Bolinas Fire Protection District FieldTurf International, Inc. Mendocino County Office Ed

Shasta Enterprises Brelje & Race Consulting Firemans Fund Insurance Co. Millsap, Degnan and Associates Brookfield Homes Fitzgerald & Associates Monahan Pacific Development

Sharp Property Services

Brown and Caldwell Forell Elsesser Engineers Montalvan Enterprises Shoreline Unified School District

Buck Institute for Age Research Form4 Architecture Morrison & Foerster Slide Ranch

CA Board for Professional Eng. Freitas Law Firm Mt. Tamalpais School Smith & Hawken

California Quartet Gannett Fleming Napa County Office of Education Smith and Walsh

Ca,lifornia State Parks and Rec. Gates & Associates Napa Resort Partners Solano County Transportation

California Water Company George Hills Company Napa Valley Unified School Sollt Interest Groups

California Wine Tours Ghilotti Construction Company Napa Valley Wine Train Sonoma County Hospital

Callander Associates Ghirardelli Associates National Park Service Sonora Union High School

Carducci & Associates, Inc. Glass Architects North Bay Construction Spud Point Crab Company

Carlile Macy Golden Gate Bridge Transport. North Marin Water District St Munson Construction

Catholic Diocese of Santa Rosa Gravenstein School District Notre Dame de Namur University SI. Vincent de Paul Church

Cedars of Marin Great Western Holdings Novato Community Development Starkweather Bondy Central Marin Sanitation Agency Guide Dogs for the Blind Novato Unified School District Stetson Engineers CH2M/Hili Hanson Aggregates Novato Sanitary District Stone Tree Golf Course Channel Properties Hanson Bridgett Nute Engineering Sutter Health I Novato Hospital Christopherson Homes Harris & Associates Oakford Vineyards Tamalpals Bank City of Belvedere HartMarin Oberkamper & Associates Tamalpals Union High School City of Berkeley Hayward Park District ODoul Group Tanaka Design Group City of Cloverdale HCV Pacific Investors VI Olive Construction Management Tatum Builders City of Cotati HDR Engineering Orinda Union School District Team Ghilottl City of Fairfield Healdsburg USD Osterweis Capital Management Tiburon Peninsula Club City of Larkspur Horizon Management Group Pacific Municipal Consultants Torom Group City of Mill Valley Hudson Management Company Pandell Law Firm Town of Corte Madera City of Napa Insurance Consulting Associates Paradise Hotels and Resorts Town of Danville City of Novato JAM.S. Endispute Park Day School Town of Fairfax City of Petaluma Jones & Stokes Petaluma City Schools Town of Moraga City of Piedmont Kamman Hydrology & Eng. Petaluma Ecumenical Properties Town of Ross City of San Anselmo Kendall-Jackson Petaluma Golf and Country Club Town of San Anselmo City of San Rafael Kennedy Jenks Consultants Petaluma Parks & Recreatrion

Town of Tiburon City of Sausalito Kenwood Inn & Spa Powar Management

TST Holdings City of Santa Rosa Kitchell, CEM Presidio Trust City of Vacaville King & Gordon Attorneys at Law Presley of No. California

Tudor Engineering

City of Vallejo KPAGroup Principal Builders Turner Construction

Clover-Stornetta Dairies Knox Ricksen Quattrocchi Kwok Architects U.S. Army Corps of Engineers-SF

College of Marin La Terra Trifoglio Questa Engineers Ukiah Utilities

Colvin Group Larkspur Capital Partners Ragghianti - Freitas Vali Cooper & Associates

Congregation Shomrei Torah Larkspur School District Redhorse Constructors, Inc. Village Builders

Contra Costa College Las Gallinas Valley Sanitary Disl. Richardson Bay Sanitary District Waste Management

Conversion Management Assoc. Law Offices of Alan Mayer Rincon Valley Union Schools Wiseman Company Martin Plaza

Cotati Unified School District Law Offices of Ann Rankin River Rock Casino Winzler & Kelly, Civil Engineers

County of Lake Law'Offices of David F. Beach RMC Water and Environment ZFA, Structural Engineers

Founder

President

Vice President

Firm Background

Firm History

MILLER ENGINHRING GROUP

In 1989, after 31 years of engineering practice, Eugene Miller established Miller Pacific Engineering Group (MPEG) as a firm offering quality Geotechnical, Geologic, and Civil Engineering services in the North Bay area and the North Coast regions of California. The firm capitalizes on Eugene Miller's many years of prior professional engineering experience and his various technical innovations.

Miller's project history encompasses work in the 17 western states, Alaska, Hawaii and Guam. His more significant projects include Embarcadero Center buildings in San Francisco, 65 Dam Safety Studies for the U.S. Bureau of Reclamation, Mokulumne Aqueduct Delta Levee Safety Studies, and design of the San Carlos Apache Dam in Arizona, numerous landslide projects and foundation investigations for civic buildings, schools, commercial and industrial facilities. Since then Eugene has stepped down as President and passed the torch to Scott Stephens.

Under Stephens' direction, the firm has expanded its geologic services and developed the unique engineering specialty of Geo-Civil Engineering which integrates MPEG's geotechnical skills with civil engineering design and project management, thus providing single source services for clients.

Today the staff of professional engineers, geologists and field technicians continues the firm's founding principals of client service, technical excellence and professionalism. Since its beginning MPEG has experienced continuous measured growth in staff and revenues while operating its three offices as a single unit (Novato, Petaluma, & Napa). MPEG is an employee-owned California Corporation and registered as a California Small Business (SBE) and Micro-Business.

MPEG provides a variety of geotechnical and geologic services including:

Geotechnical Engineering

Feasibility Studies Geotechnical Investigations Earthquake Engineering Site Grading Criteria Construction Monitoring & Testing Distressed Property Evaluation Forensic Studies Expert Witness

Engineering Geology

Geologic Hazard Investigation Fault and Seismicity Studies Environmental Impact Assessment Ground Water Studies Geologic Resource Evaluation Quarry Closure Reports

Geo/Civil Engineering

Landslide Mitigation Design Embankment Design Foundation Rehabilitation Retaining Structures Shoreline Protection Earth Dam Design Design Plans and Specifications Construction Monitoring & Testing

SOQ-FirmBackground2-05-10.doc

Specialized Expertise and Experience

Geotechnical Engineering Feasibility Studies Site and Foundation Investigations Earthquake Engineering Site Grading Criteria Construction Monitoring Distressed Property Evaluation Forensic Studies / Expert Consultation

Geo/Civil Engineering Landslide Mitigation Design Embankment Design Foundation Rehabilitation Retaining Structures Shoreline Protection Earth Dam Design Design Plans and Specifications Contract Documents Construction Monitoring and Testing

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Engineering Geology Geologic Hazard Investigation Fault and Seismicity Studies Environmental Impact Assessment Ground Water Studies Geologic Resource Evaluation Quarry Closure Reports

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PACifiC ENGI IIRING GROUP

Evaluation of Subsurface Conditions Subsurface exploration is utilized to evaluate the geologic conditions and soil profiles. For shallow exploration, we customarily utilize auger drilling equipment or exploratory trenches to characterize subsurface conditions and identify significant geologic and geotechnical features that may affect project development. For soft soils or deep exploration, we will utilize rotary-wash drilling techniques or cone penetration tests (CPTs). Soil sampling is performed with split barrel samplers with liner tubes, thin walled Shelby tubes or thin walled piston samplers. Seismic refraction lines and rock coring are utilized to estimate rock hardness and excavation characteristics.

Laboratory Testing Our laboratory is specially equipped for geotechnical soil testing including classification, engineering properties, and compaction characteristics. Several of the testing apparatus are automated with dedicated computers used for data acquisition.

Classification tests include moisture content, dry density, grain size analysis, plasticity (swellshrink) properties, specific gravity, and corrosion potential. Tests to evaluate engineering properties include strength tests (direct shear, unconfined compression, and triaxial compression), consolidation and expansion index. For compaction characteristics, we perform laboratory compaction tests (Caltrans 216 and ASTM 1557) to determine maximum density and optimum moisture content. For pavement design, subgrade samples are tested for Resistance Value (R-Value.) Aggregate baserock and subbase materials are tested to confirm gradation and durability meet Caltrans standard specifications. Our laboratory is certified for Caltrans materials testing. When job conditions warrant, we can establish on-site laboratory facilities for compaction testing, concrete sampling and other construction related testing. Where warranted specialized testing is arranged with associated laboratories.

Small Bus # 0048998

Construction Inspection and Testing We provide geotechnical consultation, inspection and testing during construction. We will evaluate any geotechnical issues that arise during construction and develop mitigation options in a timely manner so that delays in the construction schedule are minimized. We provide quality control field testing to confirm soil conditions are as expected and that the contractors work is performed in accordance with the project specifications. Our construction inspection services include inspection and testing of site preparation, keyway and slope excavations, overexcavation of unstable soils, subsurface drainage, structural fill, foundation subgrade, drilled cast-in-place piers, driven piles, reinforced earth slopes and walls, soil nails, tiebacks, rock anchors, utility trench backfill, concrete and pavement sections.

SOQ Field and Lab Testing-11-20-06.doc

MANAGER

BENJAMIN PAPPAS, G.E.

SR. FIELD TECHNICIANS PETALUMA

ALLEN MILLER WAYNE OAKLEY

MILLER PACIFIC ENGINEERING GROUP

ORGANIZATIONAL CHART

MANAGING ENGINEER PETALUMA

PRESIDENT AND PRINCIPAL ENGINEER NOVATO

scon A. STEPHENS, G.E.

MANAGING ENGINEER NAPA

DANIEL CALDWELL, G.E. MICHAEL MORISOLl, G.E.

PROJECT MANAGER

ERIC DABANIAN, G.E._

STAFF ENGINEER NOVATO

ELLIonTICEN JEFF OVERLOCK

PROJECT MANAGER/GEOLOGIST

MI CHAELJ EWETI, CEG

STAFF ENGINEER/GEOLOGIST PETALUMA

JON CALDWELL NATEKLEMIN

BRETISTAPLETON

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BOOKEEPER

LAURA HANSEN

OFFICE ADMINSTRATORS PETALUMA

KYMBERLY BAILEY

NOVATO SARAH BLEDSOE

Organization Chart 2011

Scott Stephens is President of Miller Pacific Engineering Group and is responsible for the overall business management of the firm. He is also the Senior Project Manager and Reviewer for numerous Geotechnical and Geo-Civil projects.

He has prepared numerous geotechnical planning reports and environmental impact studies and serves as a Peer Reviewer for several local governmental agencies

He has conducted many forensic geotechnical investigations and has provided expert testimony on geotechnical issues including slope instability, retaining wall failure, foundation distress and groundwater seepage.

His projects frequently combine investigation of distressed property and remediation design. Such projects have ranged from compaction grouting to resupport a multi-story building, reconstruction of a tunnel lining collapse, stabilization of a creek channel with a tied back soldier pile retaining wall, and reconstruction of a landslide using subdrains and a reinforced earth buttress.

One of his unique projects was the evaluation of an ancient compound landslide, the subject of major litigation, and the development of a unique stabilization concept. The investigation and analysis was followed by the complete Geo/Civil design for the remediation. It was comprised of 74 three-foot diameter, deep ductile concrete shear pins and a horizontal drainage system.

His geotechnical projects have required detailed seismicity studies, liquefaction' analysis, slope stability studies and settlement analyses.

Scott's Geo-Civil projects have included full engineering design, bid documents, contract management, and construction inspection for a variety of projects: retaining structures, landslide repairs, remedial drainage, pedestrian bridges, restoration of distressed foundations, and synthetic turf athletic fields.

Scott has provided geotechnical design criteria, construction details, quality control and managed construction observation and testing of many synthetic turf fields throughout the Bay Area. Some of his synthetic turf projects include Marin Academy in San Rafael, San Marin and Novato High Schools in Novato, Merrill F. West High School, Hercules High/Middle School and Gilman Field in Berkeley.

His technical expertise includes sophisticated computer analyses, many conventional and unique exploration techniques, advanced testing methods including in-situ testing by field vane shear, monitoring with inclinometers and piezometers, field permeability measurement, nuclear density gauge testing and seismic refraction surveys.

SAS Resume 2009

Experience Summary

Mr. Morisoli is Managing Engineer for the firm's Napa/Solano office and serves as the Senior Project Manager for numerous and varied Geotechnical and Geo-Civil projects throughout the San Francisco Bay Area.

His geotechnical investigations range from schools, commercial, and residential structures, to landslide causation, and distressed structural foundations. His projects have included sites underlain with deep bay mud deposits, sites underlain by expansive soils, and sites with questionable slope stability.

Mike recently completed a comprehensive investigation for a large destination golf course resort development. In addition to foundation and grading issues the analysis focused on excessive surface drainage and seepage from a nearby reservoir.

He provided a broad range of services for a major over crossing of Highway 101 north of Novato. Services included a geologic study, geotechnical investigation, asbestos, lead and pavement evaluation, and construction services. Foundations and materials reports were prepared in Caltrans format. Miller Pacific provided geotechnical consultation, 'inspection and testing during construction.

Among Mike's unique projects is the rehabilitation of a seawall in Bolinas, levee repairs along the Napa River, several structures with deep underground basements with significant buoyancy (uplift) issues. He was also major participant in the investigation and preliminary design for a large off-stream wastewater reclamation reservoir.

His Geo-Civil projects take full advantage of his special "hands-on" geotechnical . and civil engineering experience. Recently he designed a phased rehabilitation of a

1500 foot long bay front levee. The design was based on his analysis of slope stability, long-term settlement and the need for slope erosion protection. Other Geo-Civil projects have included the rehabilitation and construction of an aging, undocumented earth dam, full design for several bridge foundations, plans and specifications for creek bank stabilization, rock bolt and shotcrete retaining walls. He has provided design and contract administration for the reconstruction of a large landslide extending across four private properties and a public utility easement.

He is experienced with sophisticated computer analyses, conventional and unique exploration techniques, advanced laboratory testing methods, and a variety of field instrumentation.

MPM Resume 2009

Mr. Dabanian serves as Associate Engineer and Senior Project Manager for a wide variety of Geotechnical and Geo-Civil projects throughout the San Francisco Bay Area from the firm's Novato office. Mr. Dabanian has over twenty years of experience working as a geotechnical engineer in the Bay Area, and his practice has focused on Marin and Sonoma Counties.

Eric plans and manages a variety of projects including, investigation and repair of landslides, water tank and pipeline studies, fault hazard evaluations, pavement studies, capital improvement projects for cities and schools, wetland restoration projects, residential projects, and commercial developments.

A current project of his includes geotechnical and geologic investigation of a large landslide complex on a tall ocean bluff/cliff in San Francisco that is impacting the California Coastal Trail. The slide is instrumented with slope inclinometers to measure the depth, magnitude and rate of slope movement. Another ongoing project includes the complete reconstruction of a Marin County elementary school underlain by weak near surface soils over a variety of geologic materials, including deep alluvium, colluvium and shallow bedrock. The school buildings will. be supported on mat slab foundations using design criteria for a variety of soil support conditions.

Eric's more unique projects include a 20-lot subdivision with several landslides, a mUlti-story hotel with three levels of underground parking underlain by liquifiable soils, stabilization of a nearly 200-foot high landslide extending across six properties utilizing a geo-grid reinforced earth slope, and a health club facility located over deep bay mUd. This latter project used a mat foundation over lightweight concrete fill.

His Geo-Civil projects have included engineering design, specifications, bid documents for landslide repairs, tied back, soil nail and soldier pile retaining structures, sheet pile walls and geogrid reinforced modular block walls for roadway and creek bank stabilization, including vegetated rock buttress repairs in environmentally sensitive creeks.

While with the Marin County Dept. of Public Works, Eric was responsible for approximately two-dozen major road projects to repair landslide damage from the EI Nino storms of 1997-8. These Projects included soldier pile and tied back soldier pile walls, soil nail walls, sheet pile walls and conventional earth and rip-rap buttresses. All· of the projects required close coordination with FHWA or FEMA in addition to Caltrans for approval to secure project funding.

EAD Resume Nov. 2010

Experience Summary

Ben Pappas serves as a Senior Engineer on a variety of Geotechnical and GeoCivil Projects and is a registered Civil and Geotechnical Engineer in the State of California. His experience is concentrated in the North and East Bay area, particularly Marin, Sonoma and Alameda Counties.

Ben has extensive experience working with local School Districts and Colleges to improve their campus facilities. Some of the districts Ben has worked with include Novato Unified, San Rafael City Schools, Healdsburg Unified, Peralta Community College District, and Dominican University. The educational facility projects Ben has been involved with required gearing our geotechnical services ,to comply with the current Division of State Architects (DSA) requirements.

Ben has been responsible for numerous Geo-Civil projects including slide repairs and retaining wall designs. He managed geotechnical investigations for various school sites in Marin, Sonoma, Napa, Alameda, and Contra Costa Counties. For these projects he provided detailed seismic hazard analysis, including up-todate liquefaction analysis and calculations for seismically induced settlement. He also analyzed global slope stability, for both static and seismic conditions, utilizing sophisticated slope stability programs.

One of Ben's unique projects was the retrofit of an existing structure at the College of Alameda. The subsurface soils consisted of soft, compressible Bay Mud and loose, liquefiable sands. Due to the sensitive soil profile and the size of the structure Ben performed a site specific seismic response analysis to determine the lateral loads exerted on the structure during a seismic event. Additionally, Ben provided various deep foundation recommendations. Based on his recommendations the design team opted to support the structure on mini-piles and Ben provided additional vertical and lateral capacity analyses.

Ben has provided geotechnical design criteria, construction details, quality control and managed the construction observation and testing of many synthetic turf fields throughout the Bay Area. Some of his synthetic turf projects include Terra Linda High School in San Rafael, San Marin and Novato High Schools, Merrill F. West High School, Hercules High/Middle School and Dominican University of California.

Ben has planned and supervised the subsurface exploration of hillside sites, marshland soil and expansive soil areas. In these projects he has used a variety of exploration techniques in addition to conventional drilling and undisturbed sampling. These include specialized Shelby Tube and Piston sampling. Ben is also experienced with advanced in-situ techniques such as cone penetration testing and Slope Inclinometer monitoring.

SSP Resume 2009

Experience Summary

Mike Jewett serves as Project Geologist on a variety of Geotechnical and Geo-Civil Projects and is a registered Certified Engineering Geologist in the State of California. His experience is concentrated in the San Francisco Bay Area, primarily within Marin, Napa, Contra Costa, and San Francisco Counties.

Having been with the firm since 2008, Mike has conducted dozens of geologic site evaluations for a variety of projects, including distressed properties, slope failures and pre-development feasibility studies. He has implemented and managed several slope-stability and groundwater monitoring studies utilizing a wide array of specialized techniques and equipment, including auger, rotary-wash, and continuous core drilling, cone penetrometer test (CPT) explorations, slope inclinometer and monitoring well construction, installation of in-situ instrumentation, downhole geophysical logging, and in-situ hydraulic conductivity testing.

Mike . has also been responsible for numerous geotechnical investigations for projects ranging from municipal infrastructure capital improvements and rehabilitations to private multiunit residential and commercial developments. He has planned and implemented subsurface exploration and laboratory testing programs, performed complex slope-stability and settlement analyses, and performed geologic hazard evaluations for projects with acute seismic, liquefaction, settlement, coastal bluff erosion, slope-instability and naturally-occurring asbestos concerns. He has performed geologic field mapping at a variety of sites where project demands required larger-scale mapping than has been performed for existing, published maps. He has also performed geologic inspection and testing during construction for projects including landslide remediation, deep foundation construction, soil nails, rock anchors and tiebacks, and levee construction.

One of Mike's most unique projects included an investigation of landslide activity on public property which had impacted a large commercial development just outside the mapped limits of the Hayward Fault zone. Following subsurface exploration with rotary-wash and wireline coring equipment and installation of slope inclinometers and permanent in-situ instrumentation, the results of regular slope and groundwater monitoring indicated that movement had occurred along several

compound failure planes, and that continued movement due to drag-folding of weak Orinda Formation siltstone bedrock by the nearby Hayward Fault was likely to occur. Currently, additional monitoring and development of mitigation measures to protect the development from expected future landslide activity is being cooperatively considered by the development owner and the City.

MFJ Resume 2013

ENGINEERED RETAINING WALLS

,c'j .~

Steel soldier piles with timber lagging are widely used.

ENG IN II H I N G G H 0 U P

Concrete blocks are reinforced with geogrids.

Miller Pacific Engineering Group provides Geo-Civil engineering and project management services for a variety of engineered retaining walls. Our services may begin with a site inspe~tion and a geologic or geotechnical site investigation. Utilizing these data, we consider several retaining wall types in order to select the one best suited for the site-specific slope, subsurface and retaining conditions.

Following selection of the preferred wall type, we perform engineering analysis, develop the complete engineering design, prepare plans, technical specifications, and contract documents. We will solicit bids from several qualified contractors. After selection of a contractor, we administer the contract, provide on-site consultation, inspection, and testing in order to complete the owner's successful

Steel sheet piles are supported with steel tiebacks.

A tied-back concrete wall adjoins a gabion revetment.

We provide a combination of Geo-Civil services to best suit our client's project needs and the physical site conditions.

GeoCiviIEngRetWaIl6-16-05

MILLER PACIFIC INGINURING GROUP

PROJECT HIGHLIGHTS PEDESTRIAN AND BIKE PATH IMPROVEMENTS Various Locations in Marin, Sonoma and Napa Counties

Miller Pacific Engineering Group has consulted with project teams for numerous "multi-use" pathways and roadways in the Northern San Francisco Bay Area. Typical services include analyzing geologic hazards, exploring subsurface conditions and providing geotechnical recommendations for embankment slopes, foundations for small bridges, pavement designs and other site specific requirements. Sampling and testing to evaluate potential contamination on old railroad embankments has been performed and we frequently observe and test construction to verify Contractor conformance with the project plans and specifications. Representative projects include:

• City of Larkspur - Larkspur/Corte Madera Multi Use Pathway and Bridge: Environmental sampling, earthwork recommendations, bridge foundation design and construction observations of this 'Yz-mile long conversion of the old railroad embankment. Contact: Hamid Shamsapour, Director of Public Works (415-927-5017).

• County of Napa - Duhig Road Bike Path: Included subsurface exploration, design recommendations and construction observations of this mile long +/- roadway widening project. Contact: John Vicenzio, Napa County Department of Public Works (707 -259-8369).

• City of Larkspur - Doherty Drive Multi-Use Path: Scheduled for construction in 2011, we are providing geotechnical recommendations for the widening and other improvements to this heavily-travelled artery. Slope stability, settlements and pavement rehabilitation strategies were the key issues at the project site.

• Town of San Anselmo - Butterfield Road Safe Routes to Schools: Services include design of retaining walls and recommendations for street widening.

• Town of Corte Madera Multi-Use Path: Environmental sampling and testing, geotechnical evaluation, grading recommendations, and pavement design for conversion of the old railroad embankment into multi-use pathway.

• AN West High Canal Bank Stabilization and Pathway: Evaluation of deteriorated asphaltconcrete pedestrian path due to levee settlement and creek bank instability. Provided bank stabilization options and pathway repair recommendations. Provided geotechnical consultation during construction.

• County of Marin Parks & Open Space -White's Hill Pathway: Evaluation and design of path that extends below Sir Francis Drake Boulevard Brown Bridge. Includes design of retaining walls, pedestrian bridge, and multiuse pathway that crosses a large, active landslide and adjacent very steep terrain. Performed observation and testing during construction.

MillER PACifiC INGINElHING GHOUP

PROJECT HIGHLIGHTS

NAPA COUNTY ON-CALL GEOTECHNICAL ENGINEERING Napa County, California Client: Napa County Department of Public Works

Miller Pacific Engineering Group was awarded an "on-call" geotechnical services contract with Napa County's Department of Public Works in mid-2008. To date, nearly 40 projects have been successfully completed including two landslide repairs on Steele Canyon Road near Lake Berryessa, asphalt testing during road paving projects on Silverado Trail, Petrified Forest Road, Deer Park Road, Atlas Peak Road, Duhig Road, Napa County Airport and testing of water line and storm drain trench backfill along Main Street in Napa City and at the County's Health and Human Services Building. Miller Pacific has also designed landslide "catchment" walls on Dry Creek Road and Redwood Road, is working on the pavement rehabilitation of 3+ miles of Milton Road along with. other projects.

MPEG has also provided services to Napa County's Public Works Department on the Devlin Road Extension by the County Airport, including design of the ":Segment E" pavements and 1 00 foot long bridge over Fagan Creek. During the summer and fall of 2013, we observed and tested the construction of the "Segment" C portion of the project. We are also working on an extensive restoration project along the Napa River between st. Helena and Oakville.

Photo of recently completed section of

Silverado Trail paving

Excavation and keyway at the beginning of the landslide repair at Steele Canyon Road, Mile Post 2.00

144NapaCountyOn-CaIl2-1-14

MOLINO AVENUE LANDSLIDE Mill Valley, California Client: City of Mill Valley

EHGIHIERIHG GROUP

PROJECT HIGHLIGHTS

A major landslide closed Mill Valley's Molino Avenue over the New Year's 2005-2006 weekend. A shallow landslide blocked drainage on Molino Avenue diverting it over the side into Cascade Creek. This flow combined with high flows in the creek undercut the steep creek bank slope triggering a major landslide. Repair of the landslide and reopening of Molino Avenue was a very high priority for the City of Mill Valley.

Miller Pacific Engineering Group responded at once to the city's emergency call. We made an on-site inspection and evaluation of the entire slope, and developed the repair concept and consulted with the emergency repair contractor. After the approval of the repair method MPEG prepared a detailed plan and specifications. During the repair MPEG provided continuing inspection and oversight of the work. Molino Avenue was reopened only twelve days after the slide occurred.

The repair consists of a lower section of 1 ton boulder rip rap placed on the bedrock creek bottom and sloped at 0.2 horizontal to 1 vertical. The upper section, sloped at 1 horizontal to 1 vertical, was composed of three-quarter ton riprap. The backside of the repair was protected with a curtain of stabilizing fabric, and a subsurface drain. The entire rip rap section was slush grouted, as it was constructed, with a surface :z;one reserved for a soil cover, erosion control mat and vegetative cover.

141 MolinoSlide-1-16-06

THROCKMORTON RIDGE FIRE STATION Marin County, California Client: County of Marin Architect: C3 Design Alliance

MILLER INGINURI G GROUP PROJECT HIGHLIGHTS

The new Throckmorton Ridge Fire Station is a three-engine-bay, rustic lodge-style facility located on the beautiful Panoramic Highway adjacent to Mount Tamalpais near Mill Valley. The building is located at the same site as an older obsolete structure. The initial geotechnical evaluation focused on the geologic setting, seismicity, identification of a cut-fill transition extending through the proposed building, and concerns about the stability of the steep fill slope below the site. We subsequently explored site conditions with test borings and prepared geotechnical recommendations and design criteria for the project; including a unique foundation of shallow spread footing foundations bearing on bedrock throughout most of the building combined with drilled, cast-in-place piers supporting the downhill side of the building to account for the deeper bedrock and slope. The steep fill slope below the site was found to have poor stability and we recommended mitigation measures which consisted of excavating weak soils, installing subdrains and reconstructing the slope with compacted fill. Additional services included evaluation of 1 ,200-feet of new sanitary sewer using test borings and test pits to determine excavation conditions in potentially variable Franciscan Melange bedrock.

We provided geotechnical consultation and review during development of the project plans and inspected site grading and foundation excavations during construction to verify our findings and the contractors' conformance to the design requirements.

121Throckmorton Ridge Firehouse-11-11-10

INGINUH NG GHOUP PROJECT HIGHLIGHTS

SOLANO COUNTY JUVENILE DETENTION FACILITY, FAIRFIELD Architect: KMD Architects Client: Solano County Contact: Ms. Urlita Coronel-Mangune 530 Clay Street Fairfield, California 94533 (707) 421-7908

A new 90-bed juvenile detention facility built on a site occupied by an existing detention facility. The existing Juvenile Hall is located on a 5-acre portion in the northwest corner of the larger 18-acre Solano County campus. The campus is located at 2100 West Texas Street in Fairfield, California. The proposed 30,000 square-foot addition was built using concrete masonry unit (CMU) construction with a slab-on-grade floor. Other elements included parking lots, underground utilities, security walls, access roads, play courts and concrete walkways.

Our geotechnical evaluation included the advancement of three borings, laboratory testing and development of geotechnical engineering parameters for design of the building foundations and grading recommendations. During exploration, we encountered moderately to highly expansive soils which placed a significant constraint on the foundation design. Of the alternatives to mitigate this condition, the client elected to over-excavate the top few feet of soil and replace with non-expansive engineered fill.

During construction, we observed the foundation system preparation for the main building, which was built on a thickened reinforced concrete slab and security walls, which were constructed on a drilled pier foundation system. Additionally, we observed and tested subgrade for asphalt concrete paved parking lots and access roads.

145SolanoCountyJuvenileHall9-17 -10

CROWN ROAD LANDSLIDE REPAIR Marin County, California Client: Marin County Public Works Department

PROJECT HIGHLIGHTS

As a result of the FEMA "disaster" storms of December 31, 2005 and April 2006, several dozen landslides damaged Marin County roads, parks, and open space areas. Marin County engaged Miller Pacific directly or as a sub-consultant to Harris & Associates to provide emergency consultation, and to investigate the slides and prepare complete design repair plans. In other cases we provided geotechnical recommendations and design criteria to the project Structural Engineer. By the end of 2008, we will have designed and/or observed construction on over 30 landslides that occurred due to the 2005/2006 FEMA disaster events.

The Crown Road at ldlewood Road intersection (shown below) was the site of the largest and most expensive (+/- $2,000,000) landslide that damaged County roads. MPEG provided consultation during emergency response efforts when a 30-inch water main was threatened. We subsequently investigated the site with test borings and inclinometers that were used to determine the depth of landslide movement (up to 45 feet below road grade) and to model slope stability. The repair consisted of a 200 foot long row of 3-foot diameter drilled piers, spaced 7-feet on center, along the edge of the road and a 125 foot long row of 3-foot diameter drilled piers, spaced 7 feet on center, about 25 to 50 feet uphill from the lower row of piers. Both structures are laterally supported by 240 kip tiebacks consisting of double-corrosion protected bundled strands that are up to 110 feet in length. The work was completed in 2007.

144Crown Rd. Slide 4-08

SYNTHETIC TURF SPORTS FIELDS TOM BATES REGIONAL SPORTS COMPLEX - GILMAN FIELDS BERKELEY, CALIFORNIA Client: SFE Landscape Architects/City of Berkeley

MillER IHGIHIERIHG GROUP

Miller Pacific Engineering Group conducted geotechnical investigations for the Tom Bates Regional Sports Complex just west of Highway 80 along the eastern bay margin. The project included over 6 acres of natural and artificial playfields, lighting, parking lots, bathrooms, field house, and bleacher seating over a former landfill area.

Geotechnical and geologic hazards at the site included soft, compressible bay mud, potentially liquefiable soils and potentially contaminated landfill subgrade conditions. The original grading plans outlined an estimated 35,000 cubic yards of imported fill to raise the existing grade to design elevation.

Miller Pacific produced a design level geotechnical report, prepared grading and drainage plans and technical specifications for permeable base below the synthetic turf areas, performed design review and construction observation and testing. During construction, MPEG reviewed submittals, performed laboratory QA/QC testing and provided geotechnical inspection and testing.

After the site grading and construction of the permeable base, Field Turf synthetic turf was installed and infilled with ground rubber and sand to produce the final surface that emulates the feel and performance of natural grass.

131 GilmanSynthTurfFields9-16-08

MILLER PACIFIC ENGINEERING GROUP a California corporation

INGINIIRING GROUP

SCHEDULE OF CHARGES PROFESSIONAL ENGINEERING AND TESTING SERVICES

Professional and Technical Personnel Hourly Rate Staff Engineer/Geologist - Level 1-3 .................................... $80 - $90 - $100 Project Engineer/Geologist - Level 1-3 ............................ $110 - $120 - $130 Senior Engineer/Geologist - Level 1-3 ........................... $150 - $160 - $170 Associate Engineer/Geologist- Level 1-3 ...................... $180 - $190 - $200 Principal Level 1-3 ........................................................... $205 - $215 - $225

Project AssistantIWord Processor ............................................................ $65 Technician Level 1-3 .............................................................. $75 - $80 - $85 Senior Technician Level 1-2 ......................................................... $95 - $100 Prevailing Wage Group 3 .................................................................... $105 Prevailing Wage Group 4 .................................................................... $100

Other Inside Charges Mileage .................................................................................... $ 0.80 per mile Vehicle (Field) .............................................................................. $9 per hour Nuclear Density Gage ...... ~ ............................................................. $8 per test Inclinometer. .................................................. $150 per day / $85 per half day Laser LeveL ................................................................................... $50 per day Sampling Equipment... ........................................... $50 per day / $30 half day

Outside Services ...................................................................................... Cost + 200/0 Exploration, drilling equipment and instrumentation, in-situ monitoring, specialized laboratory testing, per diem, shipping, courier/delivery services, outside reproduction, and other services and supplies not normally provided.

*NOTES:

1.

2.

Field site visits and travel time are normal hourly rates, portal to portal.

Overtime - Weekday & Saturday Overtime - Sunday/Holiday/Night

add $25 add $35

3. Rates are for normal Geotechnical Engineering and Geological services. Rates for depositions and testimony are $450 per hour for Principal; $350 per hour for Associate and Senior. All other personnel are $250 per hour. These fees are due and payable at the time of service.

4. Schedule of charges is effective as of March 2014. It is subject to revision annually and at other times without notice.

5. Prevailing Wage Note: Personnel working on Prevailing Wage Projects will be billed at normal hourly rates plus $5 per hour, or at the Group 3 or Group 4 rate, whichever is applicable.

MPEG soc 3-2014

REFERENCES-LOCAL GOVERNMENT

Ms. Doris Toy, District Manager (415) 485-3484 City of San Rafael Sanitation District P.O. Box 151560 San Rafael, California 94915-1560

Mr. David Bernardi, Project Manager (415) 827-1272 Independent Consultant for Marin County Department of Public Works 3501 Civic Center Drive, Room 304 San Rafael, CA 94903

Mr. Juan Arias, Principal Public Works Engineer (707) 259-8374 Napa County Department of Public Works 1195 Third Street, Room 201 Napa, CA 94559

Mr. Drew Mcintyre, Chief Engineer (415) 897-4133 North Marin Water District 999 Rush Creek Place Novato, California 94948

Ms. Jill Barnes, Director of Public Works (415) 388-4033 City of Mill Valley 26 Corte Madera Avenue Mill Valley, California 94941

Mr. Jess Adame, Associate Project Manager (925) 313-7200 Contra Costa County General Services Department 2530 Arnold Drive, Suite 300 Martinez, CA 94553

MlllfR PACifiC ENGINEERING GROUP

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