Chapter 9: District Engineer's Recommendations Rancho Palos Verdes, California
• Draft Feasibility Report
Chapter 9. District Engineer's Recommendation
I recommend that the selected plan for environmental restoration along Portuguese
Bend in the City of Rancho Palos Verdes as described in this report be authorized for
implementation as a Federal project, with such modifications as in the discretion of the Chief of
Engineers may be advisable. The recommended plan is estimated to have a total first cost of
$27,440,000 (October 2000 price levels). Of this cost, 65% or the total first cost, $17,836,000
will be the responsibility of the Federal Government, and $9,604,000 will be the responsibility
of the City of Rancho Palos Verdes. This recommendation is made with the provision that
before implementation, the City of Rancho Palos Verdes will, in addition to the general
requirements of law for this type of project, agree to comply with the following requirements:
a. Provide all lands, easements and rights of way, including suitable borrow and
dredged material disposal area, necessary for construction and maintenance of the project;
• b. Accomplish or assure performance of all utility relocation or alteration necessary for
construction, operation, or maintenance of the project;
c.- Hold andsave-the-United States free from damages due to construction, operation,
and maintenance of the project, excluding damages due to the fault or negligence of the
United States or its contractors;
d. Provide any additional amount by cash contribution before award of construction
contract to equal to 35% of the cost allocated to environmental restoration, presently estimated
at$9,604,000. The value of lands, easements, rights-of-way, relocations and dredged
material disposal areas provided and allocated to environmental restoration may be credited
towards this payment;
e. Enter into an agreement with the Federal Government which provides prior to
construction, 25% of preconstruction engineering and design (PED) costs;
• f. Assume responsibility to operate, maintain, repair, replace, and rehabilitate
(OMRR&R), estimated to be on average annual basis about$117,700 for dike repairs, and to
remove material to avoid encroachment of the landslide on the dike structure, without cost to
the Government, in a manner compatible with the project's authorized purposes, and in
accordance with applicable Federal and State laws and regulations and any specific directions
prescribed by the Federal Government in the OMRR&R manual and any subsequent
amendments thereto;
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g. Perform at the time of construction, environmental investigation to identify the
existence and extent of any hazardous substances regulated under the Comprehensive 110-
Environmental Response, Compensation,
p p , and Liability Act(CERCLA), 42 USC 9601-9675, on
all lands, including submerged lands, necessary for construction, operation, and maintenance;
h. Assume complete financial responsibility for the cleanup of any hazardous materials
located on project lands, including submerged lands, and regulated under CERCLA; and be
responsible for operating, maintaining, repairing, replacing, and rehabilitating the project in a
manner so that liability will not arise under CERCLA;
i. Grant the Government a right to enter, at reasonable times and in a reasonable
manner, upon land which the local sponsor owns or controls for access to the project for the
purpose of inspection, and if necessary, for the purpose of completing, operating, maintaining,
repairing, replacing, or rehabilitating the project;
j. Keep, and maintain for a minimum of three years after completion of construction of
the project, books, records, documents, and other evidence pertaining to costs and expenses
incurred pursuant to the project to the extent and in such detail as will properly reflect total
project costs;
k. Comply with all applicable Federal and State laws and regulations, including section
601 of Title VI of the Civil Rights Act of 1964, Public Law 88-352, and Department of Defense
Directives 5500.11 issued pursuant thereto and published in Part 300 of Title 32, case of
Federal Regulations, as well as Army Regulation 600-7, entitled "Nondiscrimination on the
Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the
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Army; and
I. Prevent future encroachments on project structures, lands, easements, rights-of-way
which might interfere with the proper functioning of the project or cause risks to public health
and safety.
These recommendations reflect the information available at this time and current
Departmental policies governing formulation of individual projects. They do not reflect program
and budgeting priorities inherent in the formulation of a national Civil Works construction
program or the perspective of higher review levels within the Executive Branch. Consequently,
the recommendations may be modified before they are sent to the Congress as a proposal for
authorization and/or implementation funding. However, prior to transmittal to the Congress, the
Non-Federal Sponsor, State Agencies, Federal Agencies, and other parties will be advised of
any modifications and will be afforded an opportunity to comment further.
JOHN CARROLL
Colonel, Corps of Engineers
District Engineer
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