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Home My WebLink AboutCA Geotechnical ServicesAGREEMENT FOR PROFESSIONAL SERVICES FOR GEOTECHNICAL SERVICES This Agreement is made and entered into this 0�-J day of , 2021, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and If.4ILLER PACIFIC ENGINEERING GROUP, a California Corporation (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY desires to obtain geotechnical services in connection with assessing slope stability of Meyer Road near 20 Meyer Road, San Rafael; and WHEREAS, CONSULTANT is willing and able to provide such services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant City Attorney 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 Stephens 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. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services described as "Geotechnical Evaluation" in CONSULTANT'S proposal dated December 30, 2020 attached hereto as Exhibit A and incorporated herein by reference: 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4 and provide CONSULTANT with such information and assistance as required to perform CONSULTANT'S services under this Agreement. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis at the rates shown in the "Schedule of Charges Professional Engineering and Testing Services" included with Exhibit A attached, in an amount not to exceed $4,000. 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 on the date of this Agreement and shall terminate on March 31, 2021. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to 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. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, 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 fully cooperate with CITY or its agent in any such audit or inspection. Revised 1129i2020 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: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a 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, CONSULTANT shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 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 or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Revised 1/29/2020 ISO form CG20 01 04 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or worker's compensation in their text or by endorsement, coverage for 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONSULTANT under this agreement. 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 Revised 1/29/2020 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. 11. 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"), 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"), to the extent arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this 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 Revised 1/29/2020 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 perform 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. 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. Lisa A. Goldfien, Assistant City Attorney City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Scott Stephens Miller Pacific Engineering Group 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 Revised 1/2912020 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 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 CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the 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 terns and conditions of this Agreement shall control. 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 terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs Revised 1/29/2020 (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. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ATTEST: CONSULTANT —�r-z By: v Name: Scott Stephens Title: President [If CONSULTANT is a corporation, add signature of �r second corporate officer] Revised 1/29/2020 r LINDSAY LARA, City Clerk APPROVED AS TO FORM: r 4$15LROBERT F. EPSTEIN, Cit Attorney Revised 1/29/2020 By: Name: Michael Morisoli Title: Vice President MILLER PACIFIC • ENGINEERING 6800P December 30, 2020 File: 20-11279proB City of San Rafael 1400 Fifth Street San Rafael, CA 94901 Attn: Ms. Lisa Goldfien, Assistant City Attorney Re: Proposal for Geotechnical Services Slope Failure 20 Meyer Road San Rafael, California We are pleased to have the opportunity to submit our proposal to provide geologic and geotechnical engineering services regarding evaluation and potential expert services related to slope instability on the downslope edge of 20 Meyer Road in San Rafael, California. The purpose of our services is to evaluate the geologic site conditions and perform analyses to provide our geotechnical opinions on observed damage, causation factors and possible remedial measures. Based on our understanding of the project, we recommend the following scope of work. Phase 1 - Geotechnical Evaluation: The anticipated initial scope of services will include a review of available project documents and regional geologic conditions, examination of current site conditions including exposed soil conditions in the landslide area, project meetings, and preparation of geotechnical exhibits, as needed. A topographic survey will be needed for geotechnical evaluation and for eventual use in repair plans. If requested, we will summarize our geotechnical opinions in a brief letter report. We will provide geotechnical consultation and expert services, as requested. Supplemental Services: Geotechnical Repair, Consultation and/or Plan Review: A retaining structure will likely be needed to re -support the downslope edge of the roadway. We can provide geotechnical investigation, design and construction plans for the repair, or provide geotechnical recommendations and design criteria for others to design. Following issuance of our geotechnical plans or 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. If repair plans are performed by others, we should review the plans as they near completion to confirm intent of our geotechnical recommendations has been suitably incorporated. 504 Redwood Blvd., Suite 220 ■ Novato, California 94947 ■ T (415) 382-3444 F (415) 382-3450 Exhibit A City of San Ragael Page 2 Geotechnical Construction Support: MILLER PACIFIC ENGINEERING GROUP December 30, 2020 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. We anticipate geotechnical inspection and testing may include; site excavation, subsurface drainage, pier drilling/foundation excavations, concrete placement compressive strength testing, wall backfill compaction, and roadway baserock / asphalt compaction. We would prepare a geotechnical letter summarizing the results of our construction services and providing our opinion regarding the Contractor's compliance with the project plans and specifications. Contractual Arrangements We will provide our services in accordance with the attached Agreement and Schedule of Charges. Based on our understanding of the project and the scope of services outlined above, we propose the following fee arrangements: Phase 1 — Geotechnical Evaluation Supplemental Services ........................................Time & Expense, Estimate, $4,000 .............................. Time & Expense, Estimate TBD* *(Budgets to be provided as project details are better defined.) We are pleased to have the opportunity to provide our services on this project and are prepared to begin work upon your authorization. When you wish us to proceed, please return one signed original of the attached Agreement. Sincerely, Scott Stephens, President Geotechnical Engineer No. 2398 (Expires 6/30/21) Attachments: Agreement and Schedule of Charges, CV MILLER PACIFIC • fN61N1ERIN6 GROUP AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES This AGREEMENT is made between MILLER PACIFIC ENGINEERING GROUP ("MPEG'), a California Corporation, and the CLIENT to provide Professional Engineering and Testing Services with respect to the PROJECT, with the following GENERAL CONDITIONS and for the FEE as described below and on the attached pages. 1.0 CLIENT NAME: City of San Rafael Attn: Ms. Lisa Goldfien, Assistant City Attorney ADDRESS: 1400 Fifth Street San Rafael, CA 94901 CLIENT #: PW2020-11279b 2.0 PROJECT: Slope Failure LOCATION: 20 Meyer Road San Rafael, California 3.0 SCOPE OF SERVICES: Geotechnical Engineering Services as outlined in our proposal letter dated December 30, 2020: Phase 1 — Geotechnical Evaluation Supplemental Services 4.0 FEE: Phase 1 — ........................... $4,000 Supplemental Services...........................................................TBD* *(Budgets to be provided as project details are better defined.) DATE: 12/30/2020 FOR MPEG: (��y Scott Stephens, Geotechnical Engineer No. 2398 DATE: FOR CLIENT: THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE PROPOSAL DATE. AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES April 2019 Page 1 of 8 504 Redwood Blvd., Suite 220 0 Novato, California 94947 A T (415) 382-3444 F (415) 382-3450 GENERAL CONDITIONS 1. DEFINITIONS 1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractors, including addenda, amendments, supplementary instructions, and change orders. 1.2. Contractor. The contractor or contractors retained to construct the Project for which MPEG is providing Services under this Agreement. 1.3. Day(s). Calendar day(s) unless otherwise stated. 1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution. 1.5. Services. The Services provided by MPEG as set forth in this Agreement, the Scope of Services, and any written amendment to this Agreement. 1.6. Work. The labor, materials, equipment, and services required to complete the work described in the Contract Documents. 2. SCOPE OF SERVICES MPEG will perform the scope of Services per Page 1 of the agreement. 2.1. Changes in Scope. If MPEG provides Client with a written confirmation of a change in the Scope of Services, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by MPEG on the Project are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the Scope of Services or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Section 19, "Disputes." 2.2. Licenses. MPEG will procure and maintain business and professional licenses and registrations necessary to provide its Services. 2.3. Excluded Services. MPEG's Services under this Agreement include only those Services specified in the Scope of Services. 2.3.1. General. Client expressly waives any claim against MPEG resulting from its failure to perform recommended additional Services that Client has not authorized MPEG to perform, and any claim that MPEG AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES 11111111 PACIFIC fN61NEERIN6 GROUP failed to perform services that Client instructs MPEG not to perform. 2.3.2. Biological Pollutants. MPEG's Scope of Services specifically excludes the investigation, detection, prevention or assessment of the presence of Biological Pollutants. The term "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and/or any of their byproducts. MPEG's Scope of Services will not include any interpretations, recommendations, findings, or conclusions pertaining to Biological Pollutants. Client agrees that MPEG has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client agrees to defend, indemnify, and hold harmless MPEG from all claims by any third party concerning Biological Pollutants, except for damages caused by MPEG's sole negligence. 3. PAYMENTS TO MPEG 3.1. Basic Services. MPEG will perform the Services set forth per the Scope of Services for the Fee and per the Schedule of Charges shown on Page 1 and Page 8 of this Agreement. 3.2. Additional Services. Any Services performed under this Agreement, except those Services expressly identified in the attached Scope of Services, will be provided on a time and materials basis unless otherwise specifically agreed to in writing by both parties. 3.3. Estimate of Fees. MPEG will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within any written cost estimate provided by MPEG. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. The use of an estimate of fees or of a "not to exceed" limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates that MPEG shall not incur fees and expenses in excess of the estimate or limitation amount without obtaining Client's agreement to do so. 3.4. Rates. Client will pay MPEG at the rates set forth in the Schedule of Charges. 3.4.1. Changes to Rates. Client and MPEG agree that the Schedule of Charges is subject to periodic review and amendment, as appropriate to reflect MPEG's current fee structure. Unless Client objects in writing to the proposed amended fee structure within 30 days of invoice, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure within 30 days, and MPEG and Client cannot agree upon a new fee structure within 30 days after notice, MPEG may terminate this Agreement and be April 2019 Page 2 of 8 compensated as set forth under Section 18, "Termination." 3.4.2. Prevailing Wages. Unless Client specifically informs MPEG in writing that prevailing wage regulations cover the Project and the Scope of Services identifies it as covered by such regulations, Client will reimburse, defend, indemnify and hold harmless MPEG from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and attorneys' fees. 3.5. Payment Timing; Late Charge. All invoices are due upon receipt. All amounts unpaid 30 days after the invoice date will include a late payment charge from the date of the invoice, at the rate of 1-1/2% per month or the highest rate permitted by law. 4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES 4.1. Level of Service. MPEG offers different levels of Services to suit the desires and needs of different clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased cost. Client must determine the level of Services adequate for its purposes. Client has reviewed the Scope of Services and has determined that it does not need or want a greater level of Services than that being provided. 4.2. Standard of Care. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, MPEG will endeavor to perform its Services consistent with that level of care and skill ordinarily exercised by other professional practicing in the same locale and under similar circumstances at the time the Services are performed. 4.3. No Warranty. No warranty, express or implied, is included or intended by this Agreement. 5. ESTIMATE OF CONSTRUCTION COSTS Client acknowledges that construction and project development are subject to many influences that are not subject to precise forecasting and are outside of MPEG's control. Client further acknowledges that actual costs incurred may vary substantially from the estimates prepared by MPEG and that MPEG does not warrant or guaranty the accuracy of construction or development cost estimates. 6. CONSTRUCTION PHASE SERVICES If MPEG's Scope of Services includes observation and/or testing during the course of construction, the following conditions apply. AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES MILLER PAr,-,JF1J1C ENGINEfRIN6 GROUP 6.1. Construction Observation. 6.1.1. Site Meetings & Visits. MPEG will participate in job site meetings as requested by Client, and, unless otherwise requested by Client, visit the site at times specified in the Scope of Services or, if not specified in the Scope of Services at intervals as MPEG deems appropriate to the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality of the geotechnical aspects of the Work. Based on information obtained during such visits and on such observations, MPEG may inform Client of the progress of the geotechnical aspects of the Work. Client understands that MPEG may not be on site continuously; and, unless expressly agreed otherwise, MPEG will not observe all of the Work. 6.1.2. Contractor's Performance. MPEG does not, and cannot, warrant or guarantee that all of the geotechnical Work performed by Contractor meets the requirements of MPEG's geotechnical recommendations or the plans and specifications for such geotechnical Work; nor can MPEG be responsible for Contractor's failure to perform the Work in accordance with the plans, specifications or the recommendations of MPEG. 6.1.3. Contractor's Responsibilities. MPEG will not supervise, direct or have control over the Work nor will MPEG have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor for the geotechnical aspects of the Project; for safety precautions and programs incident to the Work; nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor furnishing and performing its Work. 6.1.4. Final Report. At the conclusion of Construction Phase Services, MPEG may provide Client with a written report summarizing the tests and observations, if any, made by MPEG. 6.2. Review of Contractor's Submittals. If included in the Scope of Work, MPEG will review and take appropriate action on the Contractor's submittals, such as shop drawings, product data, samples, and other required submittals. MPEG will review such submittals solely for general conformance with MPEG's design, and will not include review for the following, all of which will remain the responsibility of the Contractor: accuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination among trades; or construction safety. 6.3. Tests. Tests performed by MPEG on finished Work or Work in progress are taken intermittently and indicates the general acceptability of the Work on a statistical basis. MPEG's tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in April 2019 Page 3 of 8 accordance with applicable plans, specifications and requirements. 7. CLIENT'S RESPONSIBILITIES In addition to payment for the Services performed under this Agreement, Client agrees to: 7.1. Cooperation. Assist and cooperate with MPEG in any manner necessary and within its ability to facilitate MPEG's performance under this Agreement. 7.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client's policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client's representative will be subject to change by written notice. 7.3. Rights of Entry. Provide access to and/or obtain permission for MPEG to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. MPEG will operate with reasonable care to minimize damage to the Project Site(s). However, Client recognizes that MPEG's operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not included in the fee unless otherwise stated. 7.4. Relevant Information. Supply MPEG with all information and documents in Client's possession or knowledge which are relevant to MPEG's Services. Client warrants the accuracy of any information supplied by it to MPEG, and acknowledges that MPEG is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify MPEG of any known potential or possible health or safety hazard existing on or near the Project Site, with particular reference to Hazardous Materials or conditions. 7.5. Subsurface Structures. Correctly designate on plans to be furnished to MPEG the location of all subsurface structures, such as pipes, tanks, cables and utilities within the property lines of the Project Site(s), and be responsible for any damage inadvertently caused by MPEG to any such structure or utility not so designated. MPEG is not liable to Client for any losses, damages or claims arising from damage to subterranean structures or utilities that were not correctly shown on plans furnished by Client to MPEG. 8. CHANGED CONDITIONS If MPEG discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions"), MPEG will notify Client in writing of the Changed Conditions. Client and MPEG agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If MPEG and AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES MILLER PACIFIC fN61NE1RIN6 GROUP Client cannot agree upon amended terms and conditions within 30 days after notice, MPEG may terminate this Agreement and be compensated as set forth in Section 18, "Termination." 9. HAZARDOUS MATERIALS Client understands that MPEG's Services under this Agreement are limited to geotechnical investigation and that MPEG has no responsibility to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client is solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, including the potentially affected public, of the existence of any Hazardous Materials located on or in the Project site, or located during the performance of this Agreement. The existence or discovery of Hazardous Materials constitutes a Changed Condition under this Agreement. 10. CERTIFICATIONS Client agrees not to require that MPEG execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) MPEG believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) MPEG believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) MPEG has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by MPEG is limited to an expression of professional opinion based upon the Services performed by MPEG, and does not constitute a warranty or guaranty, either expressed or implied. 11. ALLOCATION OF RISK 11.1. Limitation of Liability. The total cumulative liability of MPEG, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees, and agents (collectively "MPEG Entities"), to Client arising from Services under this Agreement, including attorney's fees due under this Agreement, will not exceed the gross compensation received by MPEG under this Agreement or $50,000, whichever is greater; provided, however, that such liability is further limited as described below. This limitation applies to all lawsuits, claims, or actions for errors or omissions in MPEG's Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon Client's written request, MPEG and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in MPEG's fee, provided that they amend this Agreement in writing as provided in Section 20. April 2019 Page 4 of 8 11.2. Indemnification. 11.2.1. Indemnification of Client. Subject to the provisions and limitations of this Agreement, MPEG agrees to indemnify and hold harmless Client, its shareholders, officers, directors, employees, and agents from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney's fees and costs of defense), or other losses (collectively "Losses") to the extent caused by MPEG's negligent performance of its Services under this Agreement. 11.2.2. Indemnification of MPEG. Client will indemnify and hold harmless MPEG Entities from and against any and all Losses to the extent caused by the negligence of Client, its employees, agents and contractors. In addition, except to the extent caused by MPEG's sole negligence, Client expressly agrees to defend, indemnify and hold harmless MPEG Entities from and against any and all Losses arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material. 11.3. Consequential Damages. Neither Client nor MPEG will be liable to the other for any special, consequential, incidental, or penal losses or damages including but not limited to losses, damages, or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, profits, revenue, or inventory, or for use charges, cost of capital, or claims of the other party and/or its customers. 11.4. Continuing Agreement. The indemnity obligations and the limitations of liability established under this Agreement will survive the expiration or termination of this Agreement. If MPEG provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the obligations of the parties to indemnify each other and the limitations on liability established under this Agreement apply to such Services as if the parties had executed an amendment. 12. INSURANCE 12.1. MPEG's Insurance. MPEG will obtain, if reasonably available, the following coverages: 12.1.1. Statutory Workers' Compensation/ Employer's Liability Insurance; 12.1.2. Commercial General Liability Insurance with a combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate; 12.1.3. Automobile Liability Insurance, including liability for all owned, hired and non -owned vehicles with minimum limits of $1,000,000 for bodily injury per person, $1,000,000 property damage, and $1,000,000 combined single limit per occurrence; and, AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES MILLER PACIFIC ENGINEfRIN6 GROUP 12.1.4. MPEG maintains Professional Liability Insurance for our own benefit. 12.2. Contractor's Insurance. Client or Project Owner will require owner's Contractor, subcontractors and consultants to purchase and maintain General Liability, Builder's Risk, Automobile Liability, Workers' Compensation, and Employer's Liability insurance with limits no less than as set forth above. 12.3. Certificates of Insurance. Upon request, MPEG and Client will each provide the other with certificate(s) of insurance evidencing the existence of the policies required herein. Except for Professional Liability and Workers' Compensation Insurance, all policies required herein shall contain a waiver of subrogation. 13. OWNERSHIP AND USE OF DOCUMENTS 13.1. Client Documents. All documents provided by Client will remain the property of Client. MPEG will return all such documents to Client upon request, but may retain file copies of such documents. 13.2. MPEG's Documents. Unless otherwise agreed in writing, all documents and information prepared by MPEG or obtained by MPEG from any third party in connection with the performance of Services, including, but not limited to, MPEG's reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data and other similar documents (collectively "Documents") are the property of MPEG. MPEG has the right, in its sole discretion, to dispose of or retain the Documents. 13.3. Use of Documents. All Documents prepared by MPEG are solely for use by Client and will not be provided by either party to any other person or entity without MPEG's prior written consent. 13.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project. 13.3.2. Use by MPEG. MPEG retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose. 13.4. Electronic Media. MPEG may agree at Client's request to provide Documents and information in an electronic format. Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, all Documents and information provided by MPEG in electronic media are for informational purposes only and not as final documentation. Unless otherwise defined in the Scope of Services, MPEG's electronic Documents and media will conform to MPEG's standards. April 2019 Page 5 of 8 MPEG will provide any requested electronic Documents for a 30 -day acceptance period, and MPEG will correct any defects reported by Client to MPEG during this period. MPEG makes no warranties, either express or implied, regarding the fitness or suitability of any electronic Documents or media. 13.5. Unauthorized Reuse. No party other than Client may rely and Client will not represent to any other party that it may rely on Documents without MPEG's express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without MPEG's express prior written consent. Client waives any and all claims against MPEG resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through client. Client will defend, indemnify and hold harmless MPEG from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained Documents provided to such person or entity, published, disclosed or referred to without MPEG's prior written consent. 14. SAMPLES AND CUTTINGS 14.1. Sample Retention. If MPEG provides laboratory testing or analytic Services, MPEG will preserve such soil, rock, water, or other samples as it deems necessary for the Project, but no longer than 45 days after issuance of any Documents that include the data obtained from these samples. Client will promptly pay and be responsible for the removal and lawful disposal of all contaminated samples, cuttings, Hazardous Materials, and other hazardous substances. 14.2. Monitoring Wells. Client will take custody of all monitoring wells and probes installed during any investigation by MPEG, and will take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client's expense. 15. RELATIONSHIP OF THE PARTIES MPEG will perform Services under this Agreement as an independent contractor. 16. ASSIGNMENT AND SUBCONTRACTS Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. MPEG may subcontract for the services of others without obtaining Client's consent if MPEG deems it necessary or desirable for others to perform certain Services. AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES MILLER PACIFL-J EN61NffRING GROUP 17. SUSPENSION AND DELAYS 17.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the Services by MPEG. MPEG may terminate this Agreement if Client suspends MPEG's Services for more than 60 days and Client will pay MPEG as set forth under Section 18, "Termination." If Client suspends MPEG's Services, or if Client or others delay MPEG's Services, Client and MPEG agree to equitably adjust: (1) the time for completion of the Services; and (2) MPEG's compensation in accordance with MPEG's then current Schedule of Charges for the additional labor, equipment, and other charges associated with maintaining its workforce for Client's benefit during the delay or suspension, or charges incurred by MPEG for demobilization and subsequent remobilization. 17.2. Liability. MPEG is not liable to Client for any failure to perform or delay in performance due to circumstances beyond MPEG's control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosion, "acts of God," adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market. 18. TERMINATION 18.1. Termination for Convenience. MPEG and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party. 18.2. Termination for Cause. In the event of material breach of this Agreement, the party not breaching the Agreement may terminate it upon 10 days written notice delivered or mailed to the other party. The termination notice shall state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 10 -day period. 18.3. Payment on Termination. Following termination other than for MPEG's material breach of this Agreement, Client will pay MPEG for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with MPEG's then current Schedule of Charges. 19. DISPUTES 19.1. Mediation. All disputes between MPEG and Client are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, April 2019 Page 6 of 8 and requiring that the matter be mediated within 45 days of service of notice. 19.2. Precondition to Other Action. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. 19.3. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the state in which the Project is located. Unless the parties agree otherwise, any mediation or other legal proceeding will occur in the state in which the Project is located. 19.4. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of MPEG's Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims. 20. MISCELLANEOUS 20.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES MILLER PACIFIC ENGINEERING GROUP voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows. 20.2. Modification of this Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. 20.3. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand delivered to the recipient or delivered by first-class mail (postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement. 20.4. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement. 20.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. End of General Conditions April 2019 Page 7 of 8 MILLER PACIFII EN61NffRING GROUP MILLER PACIFIC ENGINEERING GROUP a California corporation SCHEDULE OF CHARGES PROFESSIONAL ENGINEERING AND TESTING SERVICES Professional and Technical Personnel Staff Engineer/Geologist —Level 1-3............ Project Engineer/Geologist— Level 1-3 ....... Senior Engineer/Geologist— Level 1-3 ........ Associate Engineer/Geologist — Level 1-3... Principal Level 1-3 ......................................... ProjectAssistant/Word Processor ................ Technician Level 1-3 ..................................... Senior Technician Level 1-3 ......................... Prevailing Wage ........................................... Other Inside Charges Hourly Rate ................... $100-$110-$120 .................. $130-$140-$150 ................... $170-$180-$190 .................. $205 - $215 - $225 ...................$230 - $240 - $250 ........................................... $85 ..................... $95 - $100 - $105 .................. $115-$120 -$125 ......................................... $145 Mileage...................................................................................... $ 0.80 per mile Vehicle (Field)................................................................................$9 per hour Nuclear Density Gage.................................................................... $8 per test Inclinometer................................................... $160 per day / $90 per half day Laser Level/Floor Level Equipment ............................................ $25 per day Sampling and Video Equipment...............................$50 per day / $30 half day Outside Services............................................................................................. Cost + 20% 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. Field site visits and travel time are normal hourly rates, portal to portal. 2. Overtime — Weekday add $35 Overtime — Weekend/Holiday/Night add $45* *(4 or 8 -hour minimums) 3. Rates are for normal Geotechnical Engineering and Geological services. Rates for depositions and testimony are $510 per hour for Principal; $460 per hour for Associate; and $410 per hour for Senior. All other personnel are $305 per hour. These fees are due and payable at the time of service. 4. Schedule of charges is effective as of April 2019. It is subject to revision annually and at other times without notice. AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES April 2019 Page 8 of 8 Experience Summary 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 investigations, geotechnical planning reports, geo-civil designs, 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. Scott has worked on hundreds of site grading and slope instability projects throughout Marin and Sonoma County for various private and public clients. The geologic and geotechnical investigations typically include exploration of subsurface conditions, evaluation of geologic hazards, and geotechnical design criteria for the recommended foundation system. During construction, Scott provides geotechnical consultation, and directs geotechnical observation and testing for site grading, foundation and keyway excavations, subsurface drainage, soil nails / tiebacks, pavement construction and other geotechnical construction items. He has provided complete Geo -Civil services including plans, details, specifications and contract document for retaining walls, landslide repairs and pedestrian bridges. A couple representative projects are described below. Woodside Terrace Landslide, Fremont CA A large landslide developed on open space directly and in the back yards of several homes. The subject of major litigation, Mr. Stephens performed a geotechnical forensic investigation and provided expert testimony. Primary causation factors were i determined to be weak geologic bedrock layers and groundwater - seepage. Following litigation, Mr. Stephens performed analyses i 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 slide plans 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. Loch Lomond Breakwater, San Rafael CA Long term settlement and wave erosion resulted in over -topping of the old breakwater during high tides and storms. The overtopping was causing accelerated degradation of the breakwater. In order to effectively function in the future, it needed to be repaired and raised. Mr. Stephens performed a geotechnical investigation which included interpretation of the underlying geologic conditions, settlement analyses and slope stability ,Yp f analyses- The repair plan needed to consider expected future �. settlement from the original construction as well as new settlement ' from weight of import materials needed to raise the levee crest elevation. In addition, the weight of the import material had to be minimized to reduce the potential to induce instability by failure of the weak underlying soft, compressible clays (bay mud)- The final solution was a bi-level levee crest with expansion of the San Francisco Bay side. A pedestrian path was built on the marina side that followed the existing breakwater contours. A rip -rap berm was constructed a few feet higher than the pedestrian path, and new rip -rap slope protection added to the bay side to protect the breakwater. Phoenix Lake Dam and Reservoir, Ross, CA As part of the Marin County Watershed Flood Damage Reduction and Creek Management e= Study, Mr. Stephens evaluated the geotechnical and geologic feasibility of several potential detention basin sites. Based on initial analyses, increasing the short-term storage capacity of the existing Phoenix Lake Reservoir was determined to be a critical component for flood management. He performed sensitivity analyses using various strength profiles for static, rapid -drawdown and pseudo -static (seismic) slope stability analyses to evaluate the effect of k a raised reservoir level on factors of safety and seismic displacements. He assisted with the grant application for project funding. Anselm Plaza, San Anselmo, CA 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 caused the creek bank to encroach on the shallow foundations that support the structures. Mr. Stephens 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. Scott designed a .019. k"15'1 reinforced shotcrete wall that was vertically and laterally supported with helical anchors. Y ,,,� , • 'r� The helical anchors were screwed into the ground, eliminating the need for unsupported F ° " excavation and significantly reducing soil cuttings. The shotcrete wall was colored and textured 9 Y 9 9 to match the natural soils in the surrounding creek banks. Existing on-site rock slope protection was relocated around foundations and along the base of the wall for scour protection. Zone 7 Cope Lake, Livermore CA 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. Scott 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 the 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. North Marin Water District (NMWD) Palmer Tank, Novato CA A new 3,500,000 -gallon water tank, pipeline and access road was construction in undeveloped hillside terrain. Mr. Stephens performed geologic and geotechnical studies with a focus to limit grading and minimize environmental impacts. He designed a cost-effective, reinforced shotcrete retaining wall with soil nails that supports a vertical cut behind the tank and creates the tank pad and surrounding service road His Geo -Civil design of the shotcrete wall included plans and technical specifications that were incorporated into the contract documents. ±4W61 During the construction, he provided consultation, inspection and testing that included submittal reviews, proof and performance load testing on the soil nails, shotcrete and concrete compression tests, inspection of subsurface drainage, foundation subgrade conditions, field density testing of compacted fill for new fill slopes, and trench backfill and pavement sections. We summarized our inspection and testing in a letter report with as -built plans. RAF,q�` �1 i 2 /Ty WITH P�� 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: City of San Rafael Project Manager: Lisa Goldfien Extension: 3081 Contractor Name: Miller Pacific Engineering Group Contractor's Contact: Scott Stephens 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 NA ❑ 1/19/2021 ❑ b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 1/19/2021 ® LG and return to Project Manager 1/19/2021 © LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 1/20/2021 ❑X LG contractor 4 Project Manager Forward three (3) originals of final agreement to 1/20/2021 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑x N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 12� 12.agreement �L� 8 City Attorney Review and approve insurance in PINS, and bonds 1, (for Public Works Contracts) �� 9 City Manager/ Mayor Agreement executed by City Council authorized �_�( r ) l official 10 City Clerk Attest signatures, retains original agreement and 6 % 9�ldl forwards copies to Project Manager �`r�