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HomeMy WebLinkAboutFraco Enterprises, Inc.-2010-32 PROFESSIONAL CONSULTANT SERVICES AGREEMENT Fraco Enterprises, Inc. Project Construction Management Services THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this 22nd day of November, 2010, ("Effective Date") by and between the COMMUNITY REDEVELOPMENT AGENCY ("Agency"), a public entity, and Fraco Enterprises, Inc., ("Consultant'). 1. Scope of Services. Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in conjunction with the Construction Management of the Baseball Field("Project"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until June 30, 2011, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed Fifty-four Thousand Five Hundred Thirty Dollars ($54,530.00) payable in accordance with the terms set forth in Exhibit "A". Said payment shall be made in accordance with Agency's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to Agency at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Agency: To Consultant: Community Redevelopment Agency Maria Fraser, Fraco Enterprises, Inc. Attn: Joyce Powers 12139 Mr. Vernon Ave., Suite 210 22795 Barton Road Grand Terrace, California 92313 Grand Terrace, California 92313 5. Prevailing Wage. Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is referred to Page 1 of 14 and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the Agency will be appointed to administer this Agreement on behalf of the Agency and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to Agency approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Agency's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any transfer of rights may require Agency Executive Director and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace. Consultant acknowledges and agrees that Agency has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the Agency, Consultant shall defend, indemnify and hold the Agency, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including Page 2 of 14 attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City and/or Agency may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the Agency incurs or makes to or on behalf of an injured employee under the Agency's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the Agency's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Agency's Risk Manager or Agency Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to Agency by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The Agency, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. Page 3 of 14 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to Agency's execution of this Agreement, Consultant shall file with Agency either (1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with Agency. Any certificate filed with Agency shall provide that Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The Agency, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Consultant's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than$2,000,000. 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.3 Prior to Agency's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the Agency and shall include the Agency and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: Page 4 of 14 It is agreed that the Community Redevelopment Agency and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the Community Redevelopment Agency. 12.4 Errors and Omissions Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of$1,000,000 to protect the Agency from claims resulting from the Consultant's activities. 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon Agency's request, Consultant shall provide the Agency with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. Agency's Right to Employ Other Consultants. Agency reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by Agency's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production,website, or other similar medium without the prior written consent of the Agency. 18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of Agency upon Agency's compensation to Consultant for its services as herein provided. Consultant shall not release to others information furnished by Agency without prior express written approval of Agency. 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit `B", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit"B"have any real property, business interests or income interests that will be affected by this project or, alternatively,that Consultant will file with the Agency an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or Agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, Agency shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and Agency. 23. Termination. Agency, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the Agency's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, Agency shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to Agency. Page 6 of 14 23.1 Other than as stated below, Agency shall give Consultant thirty (30) days prior written notice prior to termination. 23.2 Agency may terminate this Agreement upon fifteen (15) days written notice to Consultant, in the event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 Agency decides to abandon or postpone the Project. 24. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the Agency, Agency reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by Agency to Consultant. Notice of such withholding and offset shall promptly be given to Consultant by Agency in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the Agency, Agency will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall be binding upon Agency and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 27. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. Page 7 of 14 28. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement,and the remainder of the Agreement shall continue in full force and effect. 29. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 31. Interpretation. Agency and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 31.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" hereto, the terms contained in Exhibit"A"shall be controlling. 32. Exhibits. The following exhibit's attached hereto are incorporated herein to this Agreement by this reference: Exhibit"A" - Scope of Services, Project Schedule, and Fees Exhibit"B" - Personnel IN WITNESS WHEREOF Agency and Consultant have caused this Agreement to be duly executed the day and year first above written. Page 8 of 14 COMMUNITY REDEVELOPMENT AGENCY, A Public Entity By: Company Be M. Ad s Frac n rise n Agency Executive Director By: Fraser Attest: Ch f Executive Officer and Secretary Agency Secretary/City Clerk APPROVED AS TO FORM: By. it arty_ Agency tto' Page 9 of 14 EXHIBIT "A" SCOPE OF SERVICES, PROJECT SCHEDULE, AND FEES 1. Meetings and Coordination Pre-Construction Meeting 1.1 Prior to commencing construction, a meeting will be held with the construction team. The team will include; the City Staff, the contractor, the inspectors, Riverside Highland Water, Colton Unified School District, and Vanir Construction Management Inc., who is currently the Construction Manager for the Grand Terrace High School site, and any adjacent property owners and/or businesses affected by the construction as it progresses. At this meeting, the contractor will provide the Fraco team with a copy of the work schedule outlining the work sequence, milestones and the projected date for the completed project. Regular Meetings and Coordination 1.2 Weekly Project Team meetings will be held with attendance by City staff, Fraco's Project Team, the Contractor and if warranted with any other agencies or groups affected by the work. Regular meetings will be important for focusing on project issues in a timely manner and work out solutions before the issues become problems that can potentially cause delays. Meeting will also address the status of the project, assignments, scheduling, possible changes and other foreseen project issues. 2. Construction Management As a member of the construction team, Fraco Inc. will perform all construction management duties in a manner that will promote effective, efficient and timely progress of the work. 2.1 Fraco is the "Engineer of Record" for this project and is thoroughly familiar with the plans and specifications as they apply to the work to be executed and will ensure that they are both followed and met. 2.2 The Fraco team will serve as the City's representative liaison with the contractor during the construction phase of the project to ensure that the work is performed as specified within the contract documents and all pertinent paperwork such as, liability insurance, worker's compensation insurance and other documents required to comply with the city's contract. Fraco will ensure that the all the documents are submitted and their status is up to date. 2.3 Conduct and record daily observations of the work in progress. 2.4 Ensure that the work performed conforms to the contract requirements. 2.5 Based on daily observations anticipate possible problems or issues in advance to avoid their occurrence, whenever possible. 2.6 Identify sub-standard work, (if it occurs) in its early stages and then report it to the contractor and city staff immediately and develop a simple and cost effective action plan for correction of the sub-standard work. Page 10 of 14 2.7 Fraco Inc. will review and approve all materials and workmanship so that they meet contract requirements and will review shop drawings and any other submissions from the contractor, as it applies to the work. 2.8 Review the construction schedule prepared by the contractor. Fraco will ensure that the schedule complies with the contract and will monitor the job through the construction phase until the project close out is complete. 2.9 Review contractor's payment requests; verify quantities of completed work for progress payments to contractor, contractor's schedule of values. Ensure that the conditional and unconditional releases for the contractor's work and those of the material suppliers and subcontractors are submitted for approval with each payment request prior to recommendation of payment to the city. 2.10 Prepare and process any construction change orders. 2.11 Verify and sign contractor's daily work reports and extras (if applicable), documenting force account(time and materials) work, if applicable. 2.12 Prepare daily inspection reports(Inspection Log or Diary)documenting contractor's workforce, materials and equipment delivered or used, a summary of construction activities, quantities of pay items, field problems, disputes or claims, and settlements, agreements, or directions given to the contractor 2.13 Prepare chronological photo journal and documentation of construction progress. 2.14 Fraco will maintain records of construction files containing drawings, submissions, correspondence and any other pertinent information (electronic and hard copies), which will be handed over to the city at job close out. Safety 2.15. Document, observe and issue instructions to contractor relative to non-compliance, safety violations, etc. 2.16 Issue correction and compliance notices to the contractor as necessary. 2.17 Issue written instructions to the contractor regarding safety issues and/or confirming verbal instructions to the contractor. SWPPP 2.18 Verify and enforce contractor's compliance with the requirements of the Storm Water Pollution Prevention Program (SWPPP). Project Close Out 2.19 Conduct Pre-final inspection and prepare "Punch List" documenting incomplete or corrective work. Conduct final inspection to verify that all items on the Punch List have been completed or corrected and make recommendations to the City concerning acceptance and will prepare and record a "Notice of completion" (NOC) and provide the City with written notice of NOC. 3. Labor Compliance Fraco will implement and enforce the Labor Compliance Program (LCP) on behalf of the City of Grand Terrace to comply with AB 1506 for construction projects within the State of California, which will include ensuring that the correct forms are complete each week and provided to the City. For the contractor, Fraco will assist in ensuring proper labor compliance procedures and will facilitate a pre-job conference before the project commences to explain the process of the Labor Compliance Program (LCP) and its benefits. In addition, Fraco will educate contractors and subcontractors on how to Page 11 of 14 complete the required LCP forms, i.e. Form WH 347, training payment forms, and statements on non-performance as applicable to the workweek. For the worker, Fraco will ensure that prevailing wages are paid and reported correctly according to his or her appropriate classification. 4. As-builts Plans Fraco will perform this task at the end of the project, and evaluate the contractor's field redlines which reflect changes due to unforeseen conditions or field design changes. Subsequent to receiving the final redlines from the contractor, Fraco will obtain the original mylars and incorporate changes by hand, and then certify the plans as the "As- Built"plans, which will constitute the City's Document of Record. 5. Soils Testing Provide compaction test for the baseball field and for concrete section within the SCE right of way. Fraco anticipates approximately three (3) field trips (depending on the construction schedule, compaction tests and a short report that summarizes the procedures and results of the testing). Hill Top Geotechnical, a local firm, located in San Bernardino, will provide this service. 6. Survey Provide construction-staking services, which include replacing any damaged stakes, for all of the improvements as shown on the construction documents. Dawson Survey,a local survey consultant, (located in Colton), will provide this work to Fraco. Dawson Survey had assisted Fraco during the design phase by providing the "Design & Topographic" survey for this project. Page 12 of 14 EXHIBIT "B" PERSONNEL MARIA FRASER, PE Principal-in Charge Registration Professional Engineer, 56005, State of California Education Bachelor of Science, Civil Engineering, California State University, Long Beach (1986) Construction Management Certificate (in progress) at UCR. Professional Associations: member of the American Society of Civil Engineers, ASCE (Past- newsletter editor 1999 of the Bernardino/Riverside Branch), member of APWA, President of the Grand Terrace High School Foundation, member of the City of Grand Terrace Community Activities Committee. DOUGLAS H. MAYS,PE Project Manager Registration California Professional Engineer: California R.C.E. No. 21062, 1971 Education Bachelor of Science in Civil Engineering, Purdue University, West Lafayette, Indiana — 1964 Professional Associations: member American Society of Civil Engineers, Past President and Past Member of the Board of Directors, San Bernardino/Riverside Branch of American Society of Civil Engineers, Past Member of the Board of Management for the San Bernardino Uptown YMC.A. EARL FRASER Construction Project Manager Registration General Engineering, License (A) # 466247 Education Bachelor of Science in Nursing & Minor in Business Administration 1982 at California State University of San Bernardino PAUL M. MAYS Training Certifications, Field Inspector AutoCAD Excel Education High School Diploma, Aquinas High school, San Bernardino, CA Page 13 of 14 JOHN R. DAWSON Land Surveyor, Dawson Surveying, Inc. Registration Licensed Land Surveyor, LS 3547, State of California DONALD L. CURRAN Senior Geotechnical Engineer, Hilltop Geotechnical, Inc. Registration Geotechnical Engineer, GE, 1987, CA Civil Engineer RCE, 1986, CA Education B.S., Civil Engineering, University of Illinois, Champaign-Urbana, Illinois, 1968 MARK HULETT President, Hilltop Geotechnical Inc, Registration Professional Geologist, California Certified Engineering Geologist, California Education B.S., Geology, California State University, Los Angeles, 1982 Page 14 of 14