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PW 2017 Storm Drain RepairAGREEMENT FOR PROFESSIONAL SERVICES WITH MILLER PACIFIC ENGINEERING GROUP, INC. FOR PROFESSIONAL GEOTECHNICAL ENGINEERING SERVICES This Agreement is made and entered into this _! 7tL day of , 2017, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MILLER PACIFIC ENGINEERING GROUP, INC. a California corporation (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that professional geotechnical engineering services are required in connection with the 70 Irwin Street Roadway Repair Project; a*d go (,rp^.o -T'b1a i ) -7(Q -4"fe{- WHEREAS, the CONSULTANT has agreed to render such services; 6 vid 2( >, WD • 44AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Scott Stevens is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide the services outlined in CONSULTANT'S "Proposal for the Geotechnical Investigation, Site Analyses and Reports, 2017 Storm Damage, San Rafael California" dated June 15, 2017, marked as Exhibit `'A," attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONSULTANT as provided in Paragraph 4, and shall cooperate with CONSULTANT as provided in Exhibit "A" attached hereto. 4. COMPENSATION. For the frill performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown on "Table 1: San Rafael 2017 Storm Damage Cost Estimate" included in Exhibit "A" attached hereto, in an amount not to exceed $70,108. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on October 30, 2017when the work shall have been completed, unless the parties agree to extend this Agreement for another 90 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may tenninate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to 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 CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. CONSULTANT shall fiimish to CITY all necessary copies of data needed to complete the review and approval process. 2 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 described in Exhibit A. C. CONSULTANT shall not be liable for claims, liabilities, or losses arising out of, or connected with the modification or misuse by CITY of, the machine-readable infonnation and data provided by CONSULTANT under this Agreement; further, CONSULTANT shall not be liable for claims, liabilities, or losses arising out of, or connected with any use by CITY of the project documentation on other projects in addition to the project that is described in Exhibit A, or for the completion of the project described in Exhibit A by others, except only such use as may be authorized in writing by CONSULTANT. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall hilly cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occun•ence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a 3 professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANTshall maintain worker's compensation insurance; as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" covet -age 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. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Forn, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 4 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from 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 PROJECT MANAGER and the City Attorney. IL INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), frorn 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 City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or 5 employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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 CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the Rill period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. 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 perforin all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 6 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONSULTANT's Project Director: 16. INDEPENDENT CONTRACTOR. Bill Guerin Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 Scott Stevens Miller Pacific Engineer Group, Inc. 504 Redwood Blvd., Suite 220 Novato, CA 94947 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terns 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 CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terns 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 CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 7 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the teens and conditions of this Agreement, or arising out of the perfonnance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY 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. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIM UTZ, Ci M ager 8 CONSULTANT By: � Printe arae::5" T 5 j'kPli Fid Title: (JZIb/ ,Yi"- ATTEST: and, "ozslta�� ef - bg - lzie, ESTHER C. BEIRNE, City Clerk Printed Name: Title: APPROVED AS TO FORM: ROBERT F. EPSTEIN, Ci Attorney Exhibit A TABLE 1: SAN RAFAEL 2017 STORM DAMAGE COST ESTIMATE e Labor Hours by Sub -Task F Firm Miller PaciRc Engineering Group 298 � LABOR TOTALS (CHARGES BY PERSONNEL) - 321,800 361bT5 Sd.800 $21,500 $13,433 i m `W 21 San Pablo $10,516 c u o 1? g ` personnel Classllleatlan N N E a$ y �a� t7 _ o i x U in 01 1 U 3 ---- puny $240 $195 $160 s100 1.10 Protect Meeting (3) 12 12 52,880 1.20 Subconsultant Cmrdinat'on 4 4 $400 GABOR'TOTA (HO R8 BY PERSONNE I go 45 30 219 Outside PROJECT 70 [min Street $21,032 80Upeer Toyon TOTAL 298 $70,100 LABOR TOTALS (CHARGES BY PERSONNEL) - 321,800 361bT5 Sd.800 $21,500 $13,433 i $14,022 21 San Pablo $10,516 Cost Breakdown per Individual Site All 5 Authorized 70 [min Street $21,032 80Upeer Toyon $14,022 121 Irwin Street $10,516 76 0 Street $14,022 21 San Pablo $10,516 Individual Authorization $23,136 $15,424 $11,568 $15,424 $11,565 f� Moa[Ep �ACI�oC fN61NEfRIN6 GROUP PROPOSAL FOR THE Geotechnical Investigation, Site Analyses and Reports 2017 Storm Damage San Rafael, California City of San Rafael Department of Public Works 111 Morphew Street San Rafael, California 94901 June 15, 2017 Exhibit A Proposal for Geotechnical Investigation, Site Analyses and Reports Page 1 2017 Storm Damage Sites San Rafael, CA June 15, 2017 City of San Rafael Department of Public Works 111 Morphew Street San Rafael, California 94901 Attn: Mr. Kevin McGowen, P.E. Re: Executive Summary Proposal for Geotechnical Investigation and Analyses 2017 Storm Damage Sites San Rafael, California We are pleased to have the opportunity to submit our proposal to provide geologic and geotechnical engineering services for stabilization of five sites in San Rafael that were damaged during strong 2017 winter storms. As a local Marin County firm, the successful completion of this project is important to maintain our reputation in the community and professional relationships with the City of San Rafael. Having completed hundreds of projects in the San Rafael area, we are familiar with the site conditions in the vicinity of the project site and with the nuances of working within Marin County. We have previously worked with City of San Rafael on over 100 projects many of which relate to slope stabilization. Miller Pacific Engineering Group would perform the work from our Novato office. The attached proposal will demonstrate our qualifications to perform the work, summarize our proposed scope of services, and provide our fee estimate. We welcome discussions with the City to refine the scope and fee estimate as needed to meet the City's goals and budgets. The following individual has the authority to negotiate and contractually bind Miller Pacific Engineering Group. We appreciate the opportunity to work with you on this exciting and important project. Sincerely, Scott Stephens, President Geotechnical Engineer No. (Expires 6/30/19) 2398 Proposal for Geotechnical Investigation, Site Analyses and Reports Page 2 2017 Storm Damage Sites San Rafael, CA 1.0 INTRODUCTION We are pleased to respond to the City of San Rafael's (City) request for proposal to perform geotechnical investigations to be used in the stabilization of five sites damaged during the 2017 winter storms. The sites requiring investigation include; 70 Irwin Street, 80 Upper Toyon, 121 Irwin Street, 76 D Street and 21 San Pablo in San Rafael, California. We have previously inspected the sites and provided geotechnical consultation for emergency "temporary" stabilization. The projects vary from relatively shallow smaller sloughs to moderately sized landslides 1.1 Project Objectives and Key Issues We have reviewed the materials in the Request for Proposal (RFP) and understand the project objective is to provide geotechnical investigation reports for use in designing and constructing long-term slope stabilization at the various project sites. The following is a brief summary of key issues pertaining to this project: • Evaluate the geologic and geotechnical site conditions (i.e., subsurface geology, groundwater, slope stability, settlement, and others) in order to develop alternative repair concepts and provide geotechnical design criteria for use in the engineering and analyses of the repairs. • Geotechnical exploration using equipment suitable for the site conditions and laboratory testing to determine the subsurface conditions and engineering properties of the on-site soil and bedrock. This data will be used to assess reuse for slope stabilization options. • Evaluation of commonly considered geologic and geotechnical hazards and mitigation measures consistent with the geology, soils, and seismicity section of California Environmental Quality Act (CEQA) 2.0 SCOPE OF WORK This section outlines our technical approach for key elements of the project and is organized by the tasks needed to complete the investigations as identified in the RFP. 2.1 Project Management and Coordination: Miller Pacific will attend project meetings or conferences as requested by the City for project updates and at select decision points. We will coordinate the work of subconsultants as needed. Per the RFP, we have planned for three meetings or progress phone calls with City staff. These meetings will provide an opportunity to discuss ongoing work, present findings, and solicit feedback. 2.2 Review Available Documents, Site Inspections and Exploration Plan - We will review available previous studies, topographic plans, our in-house materials, and other data relevant to the geotechnical investigation. The existing data will be complied and organized. We will perform site inspections to observe existing conditions. The site inspections shall include visual confirmation of existing structures and utilities, evaluation of access for exploration equipment, and Proposal for Geotechnical Investigation, Site Analyses and Reports Page 3 2017 Storm Damage Sites San Rafael, CA marking potential exploration locations for Underground Service Alert (USA) notification and utility clearance. The exploration locations will be adjusted to the extent possible to reduce site impacts. Deliverable: Site exploration plans showing proposed exploration locations, exploration types, depths, sample method and backfilling method. The subsurface exploration work plan will be issued as a draft. We will meet with the City to discuss the draft plan and incorporate any comments into a final plan. 2.3 Geotechnical Exploration and Testing Following the review and evaluation of existing data, Miller Pacific Engineering Group will perform geotechnical exploration and laboratory testing that will include the following: 2.3.1 Exploration Permits, and USA Miller Pacific will obtain and pay for permits (encroachment and Marin County Environmental Health) necessary to perform the geotechnical explorations. We expect the City will obtain any required environmental permits, right of entry, cultural permits/clearances, or access permits. Miller Pacific will be responsible for contacting Underground Service Alert (USA) to locate utilities, and coordinating with utilities companies as needed to perform subsurface exploration for the project. Deliverable: Copies of all required drilling permits. 2.3.2 Geotechnical Exploration Miller Pacific will coordinate and oversee the approved field exploration in accordance with the standard of practice. All soil classification, sampling, and logging shall be performed in accordance with ASTM 2488 methods by geologists or engineers under supervision of MPEG's Certified Engineering Geologist and California Geotechnical Engineer. We estimate two to three exploratory borings will be performed at each site to log subsurface conditions and obtain samples for laboratory testing. A combination of track and portable drill equipment will be used. Samples will be collected with the Modified California split spoon sampler and Standard Penetration test sampler, as appropriate for the soil types being samples. The depth of exploration is estimated to range from about 10 feet to 20 feet below existing grade. Soil cutting will be used to backfill boreholes or cuttings will be spread on-site if bore holes require grouting. 2.3.4 Laboratory Testing Geotechnical laboratory testing will be performed on select soil samples collected during the subsurface exploration program in order to aid in soil classification and development of engineering parameters for levee evaluation and design. The laboratory testing will include in situ moisture and density, grain -size distribution, Atterberg limits, corrosion, and unconfined compression strength tests. Deliverable: The results of the subsurface exploration and laboratory testing will be summarized in subsurface exploration appendices to be attached to the geotechnical reports. These appendices will include soil and rock classification charts, boring logs, and laboratory test results. Proposal for Geotechnical Investigation, Site Analyses and Reports Page 4 2017 Storm Damage Sites San Rafael, CA 2.4 Geotechnical Analyses and Report: MPEG will analyze the data collected during the field exploration and laboratory testing program and perform analysis appropriate for the proposed project. The analyses are expected to include the following: 2.4.1 Geologic Hazards Evaluation We will evaluate geologic and geotechnical hazards commonly considered as part of the California Environmental Quality Act (CEQA) process. A full environmental review and impact report is beyond the currently proposed scope of services. We will help coordinate environmental review and documentation if required. 2.4.2 Geotechnical Analyses Engineering analyses of slope stability will be performed. These analyses may include static and pseudo - static (seismic) stability analyses using SLIDE (version 7.009) software that includes: Geologic cross-section of the landslide and underlying soil and bedrock conditions. Estimate of engineering properties of the soil for use in the slope stability model. Conduct two-dimensional static and pseudo -static slope stability analyses to estimate the improvement in factor of safety of different stabilization options. Geotechnical analyses to develop recommendations and criteria (i.e., site grading, subsurface drainage, active pressures, allowable passive pressure, bearing capacities, tie -back friction, etc.) for design of the slope stabilization repairs. 2.4.3 Geotechnical Report Miller Pacific will prepare a Geotechnical Report for each site that provides interpretation of subsurface conditions based on information collected during exploration. We will summarize geologic hazards, geotechnical analyses procedures/ results, and provide geotechnical recommendations for the project. The report will include geotechnical tables, recommendations, design criteria, and figures summarizing the analyses outlined above. The report will also contain at least two alternatives for slope stabilization for each site and discussion of possible constructability issues. Deliverable: Draft and final geotechnical reports for each project site. MPEG will submit a draft report for City review. A meeting/teleconference with the City will be held to discuss any comments or questions. Final reports will be submitted once all comments have been adequately addressed, and will be signed by a Geotechnical Engineer (GE) with current license in the State of California. 25 Geotechnical Consultation and Plan Review: Following issuance of our geotechnical reports, we will be available to consult with the project team to respond to requests for information or answer any geotechnical questions that may arise during project design development. We should review the plans as they near completion in order to determine whether the intent of our geotechnical recommendations has been suitably incorporated. Proposal for Geotechnical Investigation, Site Analyses and Reports Page 5 2017 Storm Damage Sites San Rafael, CA Deliverable: Geotechnical plan review and letter providing geotechnical comments, or indicating plans are in conformance with intent of the geotechnical design. 2.6 Geotechnical Construction Support: As Geotechnical Engineer of Record for the project, we will respond to requests for information and review submittals as they relate to the geotechnical portions of the project. We would attend a pre - construction meeting and make intermittent site visits to confirm geotechnical conditions are as anticipated, or make recommended field modification if needed. Although not specifically discussed in the RFP, geotechnical inspection and testing of; site excavation, subsurface drainage, structure fill compaction, pier drilling/foundation excavations, concrete placement compressive strength testing, tieback load testing, and roadway baserock/asphalt compaction, will likely be required for complete geotechnical sign -off. The scope of this work will need to be developed once repair plans have been prepared. Deliverable: Geotechnical letter summarizing the results of our construction services and providing our opinion regarding the Contractor's compliance with the project plans and specifications. 3.0 PROJECT SCHEDULE The anticipated project schedule following notice to proceed is summarized below. If the scope of the project is altered, we can revise and update the schedule to meet project milestones. Task 1: Subsurface Exploration Plan Two weeks Task 2: USA marking and permits Two weeks Task 3: Laboratory Testing Two weeks Task 3: Subsurface Exploration Two weeks Task 4: Engineering Analyses One week Task 5: Draft Reports Two weeks Task 6: Final Reports One week Most of the tasks need to occur sequentially, although some tasks may overlap a bit. Total estimated time to prepare and issue final reports is 10 to 12 weeks. 4.0 STATEMENT OF QUALIFICATIONS As a firm with over 25 years of experience in Marin County, Miller Pacific Engineering Group (MPEG) believe we offer a unique background and knowledge that can be applied to this project to meet the City's objectives. MPEG has worked on numerous slope stabilization projects within Marin County and has applied innovation, creativity, and solutions oriented results to our clients' needs. The following is a summary of our qualifications for this project. The successful completion of the project is important to us in maintaining our professional relationships with the City of San Rafael and our reputation in the community. Our Novato location enables us to effectively plan and implement the investigation and preparation of geotechnical reports. Proposal for Geotechnical Investigation, Site Analyses and Reports Page 6 2017 Storm Damage Sites San Rafael, CA • We have completed hundreds project within the San Rafael area of Marin County. We are very familiar with the local site conditions and nuances of working within Marin County. • Cost effective investigation and design. We are a local, small to medium sized firm that can easily adapt to changes in the design and thinking "outside the box". 4.1 CONSULTANT TEAM Miller Pacific will provide a majority of the requested services in-house. We will utilize subconsultants for exploratory drilling and possibly specialized laboratory testing. Roles, responsibilities and descriptions are summarized below. Miller Pacific Engineering Group Project Management, Technical Coordination Evaluation of Subsurface Conditions Laboratory Testing Geologic and Geotechnical Analyses Geologic and Geotechnical Report 11 l • • 1XIOM • Miller Pacific Engineering Group (MPEG) provides clients with special services in the Geosciences by drawing on forty years of professional expertise in Geology, Civil and Geotechnical Engineering. The majority of our projects are in the Northern San Francisco Bay Area. With a home office in Novato and additional offices in Napa and Petaluma (including soil laboratory), the firm serves numerous public agencies and private clients. Their services span the range of Geotechnical Planning, Geological Hazards Analysis, Geotechnical Exploration and Testing, Foundation Engineering, Construction Monitoring, Geo -Civil Engineering and Distressed Property Evaluation. The firm's resource library provides a wealth of background information on local geologic and soil conditions, and their project records document the constructability of their various geotechnical designs. 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, Stability and Settlement Analyses, Foundation Design, Distressed Property Evaluation, Forensic Studies, and 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, Bridges, Shoreline Protection, Earth Dam Design, Design Plans and Specifications. Construction Monitoring and Testing: QA/QC geotechnical inspection and testing including site grading, foundations construction, subsurface drainage, pavement sections and concrete. More information is available at www.millerpac.com Proposal for Geotechnical Investigation, Site Analyses and Reports Page 7 2017 Storm Damage Sites San Rafael, CA Miller Pacific will utilize various drilling subconsultants based on site specific conditions and access. A combination of truck or track mounted, as well as, portable drilling equipment will be required for subsurface exploration. We would likely utilize DeNovo Drilling for the track and portable equipment, and Pearson drilling for truck mounted drilling. If required, specialized outside laboratory testing would likely be performed by Cooper Testing Lab. 4.2 Key Personnel The following provides an abbreviated summary of the key personnel for this project. The summary identifies the qualifications of the individual and the role they will have on the project. Full resumes are available upon request. Scott Stephens, Principal, Civil and Geotechnical Engineer (MPEG) — Scott is a California registered Civil and Geotechnical Engineer and will be the project manager for the geotechnical investigation. He has more than 25 years of experience including over 600 Geotechnical and Geo -Civil projects in Marin City that have addressed site grading, consolidation settlement and slope stability. Geotechnical services have included inspection, exploration, monitoring, stability analyses, expert testimony, repair plans and construction inspection, testing and project management. He serves as a Peer Reviewer for several local governmental agencies. He has conducted forensic investigations and has provided expert testimony on geotechnical issues including slope instability, retaining wall failure, foundation distress and groundwater seepage. Scott has provided geologic and geotechnical services including investigation, reports, repair plans and construction inspection for numerous slope stabilization projects. Protect Role. Will be the overall project manager and primary contact for the City. Will direct work of the consultant team, supervise all geotechnical technical work and perform QA/QC final review to ensure the accuracy of final work products and that the City's needs are met. Mike Jewett, Certified Engineering Geologist, Professional Geologist (MPEG) — Mike Jewett serves as Project Geologist on a variety of Geotechnical and Geo -Civil Projects. His experience is concentrated in the San Francisco Bay Area, primarily within Marin, Napa, Contra Costa, and San Francisco Counties. 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 subsurface exploration and laboratory testing programs for numerous geologic and geotechnical investigations 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. He has performed geologic field mapping and complex geologic hazard evaluations for projects with acute seismic, liquefaction, settlement, coastal bluff erosion, slope - stability and groundwater concerns. Project Role: Will be the project geologist and responsible for the project subsurface exploration and geologic hazards evaluation. Ben Pappas, Senior Engineer, Civil and Geotechnical Engineer (MPEG) — Ben Pappas serves as a Senior Engineer on a variety of Geotechnical and Geo -Civil 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 City and School Districts and Colleges to improve their facilities. The projects Ben has been involved with required geotechnical services to comply with the current CBC and Division of State Proposal for Geotechnical Investigation, Site Analyses and Reports Page 8 2017 Storm Damage Sites San Rafael, CA Architects (DSA) requirements. For his projects, he has provided detailed seismic hazard analysis, liquefaction analysis, calculations for seismically induced settlement, slope stability (for both static and seismic conditions) and settlement analyses. Project Role: Ben will perform technical analyses to evaluate slope stability and develop geotechnical design criteria for the project. 4.3 Reference Projects The following provides an abbreviated summary of a few key projects with features similar to the proposed project. Marin County Public Works Landslide Investigation, Monitoring & Repair Marin County, California Over the past 20 -years Miller Pacific has worked for the County of Marin as a sub -consultant on over 60 landslides which damaged County roads, parks and open space areas. Many of the projects involved emergency consultation, geotechnical investigation and preparation of complete design repair plans. We have prepared plans for soldier pile and lagging retaining walls, shotcrete and soil nail walls, tied back CIDH retaining walls, Geobrugg catchment walls, reinforced earth buttresses, and other types of repairs. For most of these projects we also performed construction observation and material testing services, working with County Resident Engineers or Construction Managers. A few of the projects are described below. The Crown Road at Idlewood Road was the large landslide that damaged County roads due to FEMA disaster events. We investigated the site with test borings and inclinometers that were used to determine the depth and rate of landslide movement (up to 45 feet below road grade) and to model geologic condition and perform slope stability analyses. 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 up to 240 kip tiebacks consisting of double -corrosion protected bundled strands that are up to 110 feet in length. Miller Pacific Engineering Group provide geotechnical consultation, inspection and testing during construction. We are monitoring landslides with slope inclinometers for Marin County where slow, gradual movement has damaged roadways that have been maintained by asphalt concrete overlays. The landslides have all been investigated with test borings converted to inclinometers that extend well into bedrock below the depth of landslide movement. The monitoring is useful in determining the depth, magnitude and rate of slope movement. The monitoring is typically performed twice a year and is combined with site reconnaissance work to check for visual evidence of landslide activity. The County uses this information to determine which landslides are likely candidates for permanent repair and to prioritize the work. The exploration and monitoring data is also utilized for repair concepts, engineering analyses and development of repair plans and specifications. Proposal for Geotechnical Investigation, Site Analyses and Reports Page 9 2017 Storm Damage Sites San Rafael, CA MMWD Phoenix Lake Area Landslides Mount Tamalpais Watershed, CA Following heavy winter rains, Marin Municipal Water District engaged Miller Pacific to evaluate 4 landslides that damaged fire roads located within the District's Mt Tamalpais watershed in the vicinity of Phoenix :M Lake. Our scope of services included geologic reconnaissance, "geotechnical investigation with test borings, development of various stabilization options and preparation of complete repair plans. The sites were stabilized with drilled soldier pile and timber lagging retaining walls with one of the sites utilized tiebacks for increased lateral support. During construction, we observed excavation of landslide debris, soldier pile installation, tieback drilling, installation and load testing. Since 2009, we have monitored a large landslide located immediately downslope from the South Marin Line Fire Road, adjacent to the Bon Tempe Water Treatment Plant. In the late 1960s, the roughly 250 - foot wide by 500 -foot long landslide undermined part of a waste water recovery pond. In the late 1970s, horizontal drains were installed within the landslide and the pond was underpinned with drilled piers to improved slope stability. However, minor slope movement has continued. Miller Pacific performed a geotechnical evaluation of the landslide which included; review of historic aerial photographs, site reconnaissance of the landslide, and drilling a deep test boring located within the upper middle portion of the landslide. The boring was converted to a slope inclinometer which we continue to monitor to confirm the depth and rate of landslide movement. Woodside Terrace Landslide Fremont, California A large landslide developed on open space directly below and in the back yards of several homes. The subject of major litigation, Mr. Stephens A, performed a geotechnical forensic investigation and provided expert Jill testimony. Primary causation factors were determined to be weak geologic bedrock layers and groundwater seepage. Following litigation, Mr. Stephens performed analyses to develop a landslide repair plan and provided construction management, inspection and testing. The repair included installation of drilled piers with tie -backs to support the landslide scarp and homes during excavation. The landslide was excavated below the failure plane and an extensive subsurface drainage system was installed to collect and convey groundwater. The landslide area was rebuilt with a reinforced earth buttress to restore conditions. Proposal for Geotechnical Investigation, Site Analyses and Reports Page 10 2017 Storm Damage Sites San Rafael, CA Zone 7 Cope Lake Detention Basin Slope Stabilization Livermore, California Wave erosion along the shoreline, groundwater seepage from an upslope seasonal creek and non -engineered fill on the east slope of Cope Lake led to significant toe erosion and landslides that created over -steepened, unstable slopes and loss of the only vehicular access road around the lake. Miller Pacific conducted a geotechnical investigation to determine the slope instability causation factors and develop a geologic cross-section for use in stability analyses of various slope stability and repair options with rough cost estimates. The preferred stabilization option was a reinforced earth slope with subsurface drainage and erosion resistant facing in the lower slope elevations. Existing concrete and rock debris were utilized to stabilize soft keyway soils and create the rip -rap facing layer. Mr. Stephens worked with Zone 7 on the preferred mitigation by providing stability analyses, development of technical specifications, technical review of the contract document, and geotechnical consultation, inspection and testing during construction. Fair -Anselm Plaza Creek Bank Stabilization San Anselmo, California Fair -Anselm Plaza commercial development was originally constructed to overhang Corte Madera Creek. During high velocity storm water flows, the creek banks were eroding and sloughing which exposed the drilled pier foundation system and was causing the creek bank to encroach on the shallow foundations that support the structures. Miller Pacific conducted a subsurface exploration program, designed a bank stabilization system, and provided construction management and inspection services. Saturated and loose silt, sand and gravel deposits within the creek bed and banks made traditional drilled excavations unstable. We designed a reinforced shotcrete wall that was vertically and laterally supported with helical anchors. The helical anchors were screwed into the ground, eliminating the need for unsupported excavation and significantly reducing soil cuttings. The shotcrete wall was colored and textured to match the natural soils in the surrounding creek banks. Existing on-site rock slope protection was worked around and relocated to the base of the wall for scour protection. Phoenix Lake Dam Geotechnical Sensitivity Analysis Ross, California As part of the Flood Zone 9 Watershed Flood Damage Reduction and Creek . io.m Management Study, Miller Pacific has prepared a Preliminary Geotechnical Evaluation Report and a Geotechnical Sensitivity Analysis Report. The purpose of the preliminary studies was to evaluate geologic and geotechnical conditions for potential use of the dam and reservoir as a flood 9 control detention basin. Our preliminary analyses were used to consider possible required remedial measures and conceptual cost estimates for inclusion in a grant application for funding. We reviewed background geotechnical and geologic information including geologic maps, geotechnical reports, exploratory boring logs, laboratory data, topographic mapping, and historic aerial photography. Miller Pacific performed site Proposal for Geotechnical Investigation, Site Analyses and Reports Page 11 2017 Storm Damage Sites San Rafael, CA reconnaissance for preliminary evaluation of site geologic conditions. Slope -stability analyses were performed using different assumed strength profiles for the dam. These analyses included static and pseudo -static (seismic) evaluation using ground accelerations consistent with DSOD criteria and for sudden drawdown conditions. Using the slope stability model, we evaluated different conceptual mitigation measures to improve stability and reduce seismic deformations. Potential dam improvements included; reconstruction of the down -stream buttress fill, adding internal drainage, foundation grouting and other ground improvement measures. 5.0 REFERENCES Miller Pacific Engineering Group has previously worked for the City of San Rafael on several different projects. In addition to working with City of San Rafael personnel, other firm references are listed below. Mr. Ernest Klock, Principal Civil Engineer Department of Public Works 3501 Civic Center Drive, Suite 304 San Rafael, CA 94903 Email: eklock@marinCity.org Phone: 415-499-6552 Mr. Drew McIntyre, Chief Engineer North Marin Water City 999 Rush Creek Place Novato, CA 94948 Email: dmcintyre(a)-nmwd.com Phone: 415-897-4133 Mr. Julian Skinner City of Larkspur Public Works Director 400 Magnolia Larkspur, CA 94939 Email: pwdirector(a)-cityoflarkspur.org Phone: 415-927-5020 6.0 AGREEMENT AND INSURANCE COVERAGE Miller Pacific Engineering Group has successfully negotiated agreements with the City of San Rafael for previous geotechnical projects. We currently have an on-call agreement with the City that could be used as the base agreement for this project. We have the insurance coverage required by the proposal. 7.0 COST PROPOSAL The anticipated project budget is attached in the separate sealed envelope. If requested, we may be able to alter the scope of services to meet schedule or budget requirements. CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Kevin McGowan Extension: 3389 Contractor Name: Miller Pacific Engineering Group, Inc. Contractor's Contact: Scott Stevens Contact's Email: SStephens@millerpac.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 6/22/2017 6/22/2017 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement 6/27/2017 2 City Attorney ® LAG and return to Project Manager 6/27/2017 ® LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to 11/6/2017 contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 7/17/2017 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 11/16/17 Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed t *07 agreement _- Review and approve insurance in PINS, and bonds 7 City Attorney _ (for Public Works Contracts) Agreement executed by Council authorized official 8 City Manager / Mayor 0-t-17 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager MILLER PACIFIC [H61NEf61N6 GROUP TRANSMITTAL DATE: 11/07/2017 its]: City of San Rafael 1400 Fifth Avenue San Rafael. CA 94901 ATTN: Dianne Mitchell SUBJECT: RFP — 2017 Storm Damage Repairs WE ARE SENDING YOU: PW NO. 2017-9137 RECEIVED NOV 13 2017 PUBLIC WORKS DEPT. CITY OF SAN RAFAEL Copies Title / Description 3 Professional Services Agreements — 70 Irwin St.; 80 Upper To on, 76 D Street These are transmitted as checked below: ❑ FAX ❑ OVERNIGHT DELIVERY ® U.S.P.S./MAIL MESSAGE: Please sign and return executed copies. ❑ HAND DELIVERY ❑ EMAIL ❑ MESSAGE ONLY Marilyn Terrazas El Confidentiality Notice: This message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. 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