The URL can be used to link to this page

20230919 Late CorrespondenceGood Evening RECEIVED FROM 1,r,,n (,w:ht"'i<\ · • ANO MADE A PART OF THE RECORD AT TH E COUNCIL MEETING OF 'f /l'f/2,} ... OFFICE OF THE CITY CLERK ietes""' \Cl~ CITY C~ERK . NOV\-~~ I have spoken at several City Council meetings regarding the proposal to install diverters on Avenida Esplendida and Avenida Classica which would deny the right -away to through traffic on those streets as well as divert the traffic from these 2 streets to Los Verdes Drive. Los Verdes Drive is among the most congested street in the the city, with cars parked on both sides of the street. The residents of the Victoria Apartments cross the street to get to and from their cars. This street can ill afford the additional traffic. It would be reckless. A traffic study was done a few years ago on Avenida Esplendida and Classica. The study indicated that there was a speed limit sign at the top of Avenida Classica as well at one at the bottom. There is not a speed limit sign at the top of Classica and the one at the bottom of Classica has been completely obscured by a tree. Dave Tomlin, a traffic and safely Committee member, lives 2 houses away from the obscured traffic sign. He is familiar with the traffic study. If he and his neighbors are so concerned about speed as they indicate they are, I would think they would be interested in installing a speed limit sign at the top of their street and have the tree trimmed that is obscuring the speed sign at the bottom. Dave Tomlin stated, via zoom, at a Traffic and Safety Committee meeting that he had three city council members supporting his efforts to have diverters installed. They had even visited his street. Thankfully, the 4 Traffic and Safety Committee members in attendance at the meeting , understood that diverting all traffic from Esplendida and Classica to Los Verdes Drive would cause significant traffic and safety concerns for Los Verdes Drive. They recommended trying alternative measures to calm the traffic on Classica and Esplendida. I am concerned that diverters may come up again as Dave Tomlin has somehow convinced three members of this city council to support the installation of the diverters. I respectfully request that these three members consider the consequence to Los Verdes Drive and withdraw their support. I also suggest that Dave Tomlin step down from the Traffic and Safety Committee due to his lack of regard for the safety of his neighbors on Los Verdes Drive as well as all those who visit the Los Verdes Golf Course. We have submitted over 200 signatures on a petition "against" diverters on Avenida Esplendida and Classica. Based on the temperature of the people we have talked to we could gets several hundred more if needed. Thank-You for listening /1 ~ 9/19 /23 Honorable Mayor and City Council Members, I respectfully request the city of Rancho Pa l os Verdes to install stop signs on Avenida Classica at the intersection of Classica and Esplendida. As Dave Tomblin pointed out in the July 24, 2023 meeting, a dangerous condition exists while stopped at Avenida Esplendida. He says vehichles traveling up Classica toward Esplendida are accelerating up the hill. He wants you to believe their speed is the issue, and he doesn't recognize the distance between the blind curve and the intersection is actually the issue. A stop sign would correct the problem, however he is against stop signs being placed on the corner he lives on, even though that would solve this safety issue. When turning onto Classica, I often experience cars coming up behind me very quickly from the blind curve. The turn appears to be clear, but in the 2 seconds it takes to make the turn, another vehicle is already on your tail. The cars coming around the curve don't appear to be speeding, rather they just don't have adequate distance to approach the intersection safely. Attached is a copy of page 15 of your traffic calming plan for Avenida Classica. It states that at 25MPH, a vehicle turning left must have a minimum of 280 feet sight distance for approaching vehicles. The sight distance looking left from the intersection to the blind curve is less than half of the minimum requirement. This neighborhood nuisance is a concealed trap and dangerous condition for vehicles, pedestrians, and bicyclists. Additionally, this must be disclosed to buyers purchasing our homes which negatively affects property values. Therefore, this warrants a stop sign be placed on Avenida Classica at the Esplendida intersection. Please install stop signs as quickly as possible. Thank you, Casey Carbone! .. Analysis TABLE 3.2 -MINIMUM RECOMMENDED SIGHT DISTANCE BASED ON VEHICLE MANEUVER Vehicle Speed Stopping Sight Dirlm~e (or Stopping Sig.ht Dis1antt for C rossow r {mph) l.clt-Tum Mllllem'B' (feet) and Right-T um M.11 ne11vers (feet) .15 170 145 20 _ _.., 225 195 ----- 25 280 240 30 335 290 ~5 -390 335 40 ,_ 445 385 I 45 500 430 l , _...,_,,_ . 50 555 480 55 610 530 TABLE 3.3 -ADJUS T MENT FACTORS FOR SIGHT DISTANCE BASED ON APPROACH GRA DE "N-"" ,o,:• 'ii' ,,, u;s:~~ T . '"' .Ii' ,. 't . ·.,._ • :.:.a~;, ..• ·~ .. ;{f.,, .. • I?,." ;;; .;:.•;s -~ '"" Approach DE si eed (mph ) Grade (%} 15 20 I 25 30 3 5 .40 55 l 6 0 65 70 I 7 5 80 I -6 1.i 1,1 ! u u 1.1 1.1 ,. 1;2 1.2 1.2 1.2 1,i 1..2 1.2 -.._ j -5 .1.0 1.0 I u 1.1 1.1 1.1 1 .. 1 .1.1 1.1 Ll L2 1.2 :l.2 1.2 -4 .LO 1.0, 1.0 1.:1 1.l' 1.1 l ,l I . l .1 :Ll l.1 1.1 1.1 1.1 1.1 '-3. to +3 l.O 1.0 1 .0 1.0 l.O 1.0 1.0 j :1.0 l.O J.D 1.0 1.0 .1.0 i,O +4 1,0 1.0 LO 1.0 0.9 0.9 0.9 0,9 0.9 0.9 0.9 0 .9 0.9 0 ,9 +5 1.0 1.0 LO 0 ;9 0.9 c.s 0.9 0.9 0.9 0.9 0 .9 0.9 0.9 0 .9 +6 .1.0 1;0 0.9 0 .9 0.9 0 .9 • JJ.9 0.9 0.9 0.9 o.i 0,9 0..9 0.9 Note: Base.a on ra.tio 6f stopping sight distance ori specifi:ed approach grade to stopping si ght distance o n leve l terrain. It is important to note that adequate sight distance issues may be improved, or potentially corrected , by drivers who are waiting at the stop line , by pulling forward slightly beyond the stop bar provided th at th ey do so without encroaching into the opposing traveled way. Figure 3.4B (second inset) illustrate s t he improved sight distance conditions for d riv ers wa iting to exit onto Hawthorne Boulevard by "cre eping " forward t o a point of visibility. As illustrated in Figure 3.4B , with drivers on the Los Verdes Driv e approac h creeping past the limit line to view opposing t raffic, the ava ilable left-and right -turn sight distance improves in each direction; however, the minimum recommended adequate sight distance is still not available . CITY OF RANCHO PALO S VERDES-TRAFFIC CA.LMING PL.A.NS I AVENIDA CLASSICA P.l'>.GE 15 Honorable Mayor and City Council 9-19-2023 As you know, in the Tansavadti V. City of Rancho Palos Verdes Lawsuit, a mother lost her son who was traveling downhill on his bicycle when a vehicle turned right. The bicyclist had no chance to stop and died. This dangerous condition currently exists on Avenida Classica. Should your son, daughter, or anyone travelling downhill on Avenida Classica on a bicycle and a vehicle turns right on Avenida Esplendida, they too may lose their life. This dangerous condition is a concealed trap and neighborhood nuisance which must be disclosed to buyers purchasing our homes which negatively affect property values. The two dangerous conditions that my son and I are presenting tonight would be avoided by placing stop signs on Avenida Classica at the intersection of Esplendida. The stop signs would also benefit the residents' concerns by calming traffic to speeds under 25 MPH, enhancing traffic safety. Please be advised this is your actual and or constructive notice of the neighborhood nuisance, dangerous condition and concealed traps that exists under the Gov't Code Section 835.2. Please review your city attorney's Elena Gerli video presented July 24, 2023, at the traffic safety committee meeting and take her advice. She states, "IF WE HAVE NOTICE OF A CONCEALED TRAP, THEN WE REALLY NEED TO LOOK AT HOW TO PROVIDE WARNING TO PEOPLE". She also stated, "THERE IS ALSO A SCIENCE BEHING SIGNS", please install the requested stop signs as well as remove the illegitimate, neighborhood nuisance, NO THRU TRAFFIC SIGNS. The NO THRU TRAFFIC signs create confusion, anger, and a disregard for city signs. Replace them with legitimate signs that states CAUTION, BLIND CURVE, STOP AHEAD. At your last meeting two weeks ago, we presented you with a petition with over 200 signatures requesting stop signs be placed on Avenida Classica as well as the neighborhood nuisance, NO THRU TRAFFIC SIGNS be removed. We also asked for the signs be taken down two months ago at the traffic safety committee meeting and we feel our request has fallen on deaf ears. Please, let us know soon what you intend to do. Mr. Awwad has my and my son's email. Respectfully submitted. pl~. Chris Carbone! RECEIVED FROM r ,,...._ . AND MADE A PART OF THE RECORD AT TH.: COUNCIL MEETING OF. t:f/tlif /'2.l OFFICE OF THE CITY CLERK 1' S'-'f O\itAD~ CITY CLERK 3073\ V r°'-Lo,_, C,ye~ , f, r, v. i,,----------- -·- RECEIVED FROM ~ Cbywtj -.l AND MADE A PART OF THE RECORD AT Tf1 :i COUNC IL MEETING OF 'l/1"1/'Ll . OFFICE OF THE CITY CLERK "'J'-e:,~Se\ T11VA~ I CITY CLERK .1, N~-~"t:"~S -----r "-- ~ TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: SEPTEMBER 19, 2023 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA _____________________________________________________________________ Attached are revisions/additions and/or amendments to the agenda material presented for tonight’s meeting. Item No. Description of Material I Email exchange between Public Works Director Awwad and Alfred and Barbara Sattler 2 Email exchanges between City Manager Mihranian and: Mike Daly; Dianne and James Hassen; Emails from: Joel Dime; Erica Llanos (Portuguese Bend Beach Club); Andrew Ely; Joe Cruz; Chad Dime; Marianne and Bill Hunter; Kit Song; Denny Jaconi; Oliver Hazard; Tashia Hinchliffe ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, September 18, 2023**. Respectfully submitted, _______________ Teresa Takaoka L:\LATE CORRESPONDENCE\2023\2023 Coversheets\20230919 additions revisions to agenda.docx From: Sent: To: Subject: Ramzi Awwad Tuesday, September 19, 2023 3:28 PM CityClerk FW: Consent Calendar item I for Sept 19 City Council meeting Please include as late correspondence. Thanks. Ramzi -----Original Message----- From: Ramzi Awwad Sent: Tuesday, September 19, 2023 3:10 PM To: bsattler <bsattler@igc.org> Cc: Ara Mihranian <AraM@rpvca.gov> Subject: RE: Consent Calendar item I for Sept 19 City Council meeting Hi Al and Barbara, Thank you for taking the time to write to the City Council. Your letter will be included as later correspondence. Also, I still owe you a reply to your email from August 25. I apologize for taking so long to write back-I have been completely occupied with the various landslide issues. I believe the questions you asked in your August 25 email were answered by the final engineering staff report-the specific design elements that will be part of the 90% engineering work and the process of stakeholder involvement. In short, through the final engineering process, we will determine what modifications can be made to the project, while achieving the project objectives, and share that information with the stakeholders (including you). Then we will work with the stakeholders on the details of what the revised version (if possible) will look like. With respect to your September 18 letter; again, the first step in the final engineering process will be to determine if it is possible to make modifications to the project while also meeting the objectives. Once that is known, then final engineering of the details will proceed, with input from stakeholders. Additionally, the design team now includes a landscape architect with experience in this type of work so that a habit-friendly design that also accomplishes the project goals can be achieved. Finally, the scope of work of the design team includes identifying any interim measures to reduce landslide movement. Thank you again for your comments and I look forward to working with you throughout the final engineering process. Thanks, Ramzi -----Original Message----- From: bsattler <bsattler@igc.org> Sent: Monday, September 18, 2023 7:34 PM 1 I. To: CC <CC@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Cc: Al <alsattler@igc.org> Subject: Consent Calendar item I for Sept 19 City Council meeting EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. please see our attached comments 2 September 18, 2023 Re: Consent Calendar item# I, Consideration and possible action to approve professional services agreements for the Portuguese Bend Landslide Remediation Project final engineering and associated services. Dear City Council, Mr. Awwad and Mr. Mihranian, Thank you for the opportunity to address this item. Please defer consideration of this item to a future City Council meeting. As of 6 pm Monday, Sept. 18, we do not see any Late Correspondence on the City website, and thus the proposed contracts are not yet available for public review. We appreciate City Staff's stated intent to respond to some of the issues and concerns raised in Public Comments to the DEIR for the proposed PBL Mitigation Project, specifically to ask the project design team whether and how the currently proposed project design could be modified to be more habitat friendly. However the inability to actually review the proposed contracts makes it impossible to understand how any modifications of the proposed design might be addressed along with an advance to 90% of engineering design. We respectfully request that any proposed modifications and improvements to the design should be done as a first stage before any refinement of engineering details occurs. That is only logical. Such proposals should come back for review and approval at a regular City Council meeting before any further engineering is contracted. Secondly, we are not confident that the current Design Team is qualified or motivated to determine whether the currently proposed design could possibly be more habitat friendly. This, after all, is the same team that made the unrealistic claim that native plants could be "restored" into 4 inches of gravel without any drainage. Ideally, we would like to see the City put out a Request for Proposals to solicit input from other design consultants who may have more relevant experience and a better perspective on what might be a feasible habitat-friendly approach to surface drainage in the Nature Preserve. It should be clarified whether "vegetated swales" within the PBL area are actually feasible and how they would need to be designed. This will require input from consultants with demonstrated experience and specific expertise in this field. The habitat impacts of the swale system need to be more clearly explained than what is currently included in the DEIR. In particular, for vegetated swales, there needs to be a clear explanation of impacts in two scenarios: If the vegetation in the swales survives; and if it does not survive. If the vegetation does not survive, the impacts would be the same as if the swales were simply engineered water conveyances without vegetation. If a decision is made not to use vegetated swales, pipes would have a smaller footprint and require less maintenance, although, like swales, they would need to be capable of adjustment to accommodate land movement. We share a sense of urgency that measures need to be taken as soon as possible to reduce land movement. This sense of urgency should not, however, result in a large permanent infrastructure project that unintentionally causes other harms. Meanwhile, while a long term project is being carefully designed, the City should implement temporary measures to minimize water flow into the landslide area. This is the equivalent of putting out sandbags before a storm or putting a tarp on the roof before the roof can be replaced. Sincerely, Alfred and Barbara Sattler Subject: RE: Seaview & Klondike Canyon Landslide From: Michael Daly <michael.daly@cox.net> Sent: Tuesday, September 19, 2023 11:10 AM To: Ara Mihranian <AraM@rpvca.gov> Cc: 'Eva Albuja' <eva.albuja@gmail.com>; CC <CC@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov> Subject: RE: Seaview & Klondike Canyon Landslide Ara, you are great! I can see that RPV is lucky to have you for city manager. I look forward to seeing your effective leadership in action. Thanks & keep up your good work. Mike Daly -------------------------------------------------------------------------- From: Ara Mihranian <AraM@rpvca.gov> Sent: Tuesday, September 19, 2023 10:14 AM To: Michael Daly <michael.daly@cox.net> Cc: Eva Albuja <eva.albuja@gmail.com>; CC <CC@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov> Subject: RE: Seaview & Klondike Canyon Landslide Michael, We wholeheartedly agree with your sentiments and are committed to finding short and long term solutions, especially with the anticipated wet winter season around the corner. Donny is in touch with me daily and provides me with real-time updates, and I can't thank him and other residents enough for being the "boots on the ground." It takes a village and let's continue working together with a path forward and tangible results! Tonight, the Council will ensure that the utility companies are accountable and have responsive and realistic solutions to the recurring pipe breaks due to the land movement. Ara 1 Ara Michael Mihranian City Manager aram@r~a.~v Phone • (310} 544-5202 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 902 75 Website: www.rpvca.gov From: Michael Daly <michael.daly@cox.net> Sent: Tuesday, September 19, 2023 8:31 AM To: Ara Mihranian <AraM@rpvca.gov> , ~/ ;,.-.A ~,,_i ,;,rt 1~1t • AppStore Cc: Eva Albuja <eva.albuja@gmail.com>; CC <CC@rpvca.gov> Subject: RE: Seaview & Klondike Canyon Landslide Mr. Mihranian, ►~Play I am impressed with your prompt response to my email. I am glad that you are involved in looking at the problems with Seaview and Klondike Canyon. However, according to Donny Schmid there were more leaks just yesterday and gas odor (leaking natural gas line?) was evident as well. There are serious problems here, whatever the cause -Portuguese Bend landslide starting in 1956, winter rains, Cal Water's ancient lines, etc. I believe that one day I was lied to one day by an on-site Cal Water supervisor near Dauntless & Exultant attempting to minimize problems when the situation was obvious -multiple sewer department trucks were not clearing storm drains, as he stated, they were obviously inspecting for misaligned and leaking storm drains and he was watching their progress. I believe that Cal Water should be working on problems with city inspectors present at all times, not on their own without constant supervision by the city. Cal Water has an interest in lessening their visibility and liability. Bottom line: do something. Board meetings of KCLAD do not replace action. Actual remediation as well as monitoring is needed now. Emergency meetings without action are bureaucracy. Do something concrete about Klondike Canyon problems, as well as Portuguese Bend and Abalone Cove -even if you consider Portuguese Bend to be "the single MOST important project the City Council is working on," the loss and potential greater loss of homes in Seaview should have equal importance; while you are looking at cause, consider 2 ameliorating the affect at the same time. Use the money from the fees collected from property owners in KCLAD since 1982 and whatever more it takes. Lots of intelligent and highly trained folks in Seaview are willing to work with the city to DO something, not just discuss an agenda item before the city council. Yes, work together as a community, but get to work, DO something at the same time you have more discussions. Solve the problems, save Seaview. Again, I thank you for your quick response -I am impressed by you. I look forward to seeing your quick solutions and results soon. Mike Daly 4266 Exultant Drive RPV,CA ---------------------------------------------------------------------------------- From: Ara Mihranian <AraM@rpvca.gov> Sent: Monday, September 18, 2023 10:14 PM To: Michael Daly <michael.daly@cox.net>; CC <CC@rpvca.gov> Cc: Ramzi Awwad <rawwad@rpvca.gov> Subject: RE: Seaview & Klondike Canyon Landslide Good evening Mr. Daly, The City Council is in receipt of your email and thank you for taking the time to express your legitimate concerns. However, I do want to take this opportunity to clarify some of your perceived points. First and foremost, the Portuguese Bend Landslide complex is the single MOST important project the City Council is working on. To clarify, the City Council has not reduced funding for dewatering wells and recently approved funding over $500,000 to the Abalone Cove Landslide Abatement District {ACLAD) for dewatering wells the District maintains. The City Council decided not to significantly increase funding for more monitoring points so that more funds could be spent on actual remediation efforts, such as dewatering wells {as opposed to monitoring). As you may know, the landslide was activated in 1956 and hasn't stopped since. Movement from the landslide has accelerating and this is primarily due to the heavy winter rains. The movement of the land is causing the underground infrastructure such as gas and water main lines to break, which is exacerbating the situation. The City Council and the utility companies are not pointing fingers, in fact, we are trying to work together with the community to find solutions. That is the reason why the Council asked So Cal Gas and Cal Water to attend tomorrow's Council meeting and to provide, in a public setting, information on their response and remediation efforts. I also want to point out that the Klondike Canyon Landslide Abatement District {KCLAD) was formed in 1982 with the intent to remediate the landslide and has been assessing property owners within the District a fee to fund those remediation efforts. The District is primarily responsible for monitoring and managing the landslide, but due to the recent urgency, the City is stepping in to assist. 3 The City is communicating with the KCLAD Board who intend to call for an emergency meeting to discuss matters related to the recent land movement. I hope this message helps put things into perspective and is not intended to be defensive. My point is that we all need to be working together as a community to get in front of this landslide (literally and figuratively). The City is committed to working with the various parties. Ara Ara Michael Mihranian City Manager aram@fPvca.gov Phone -(310) 544-5202 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov From: Michael Daly <michael.daly@cox.net> Sent: Monday, September 18, 2023 1:21 PM To: CC <CC@rpvca.gov> Subject: Seaview & Klondike Canyon Landslide , t).,;,""-"'?)4 ◊"> II\♦ • AppStore ► <A·•·u.-.k?Play Please add this email to correspondence for the 9/19/2023 Rancho Palos Verdes City Council meeting. My name is Mike Daly. I live at 4266 Exultant Drive in the Seaview neighborhood. My wife and I bought our house in 1985 and have come to love living in Seaview. It is with great disappointment that I have recently seen the neglect of our infrastructure result in the red tagging of two homes due to bursting of water lines. Both California Water Company and the city of Rancho Palos Verdes seem more interested in blaming someone else for lack of infrastructure maintenance and avoiding liability for issues than solving the problems we are currently having. Cal water is not proactive in monitoring their lines, in repairing broken and gushing lines and is not at all transparent. There have been numerous breaks in the water mains in Seaview since April 2023. The city seems helpless, bureaucratic 4 and focused on spending as little money as possible. All this is to the detriment of RPV residents in Seaview. Some city council members seem more interested in saving money by minimizing the number of dewatering wells than in wholeheartedly tackling the issues of land movement in Klondike Canyon and its result on Seaview. These council members should remember that many homes in Seaview are worth $2,000,000+ and that, should the city be found even partially responsible for the loss of many more homes, the cost to the city has the potential to possibly bankrupt the city. The city should increase monitoring of land movement in Klondike Canyon and Seaview, add additional dewatering wells, especially in view of the upcoming El Nino rains coming this winter and possible order Cal Water to reroute lines or put some some mains above ground so that water line breaks can be immediately identified. There needs to be some long term planning, not just "flying by the seat of the pants." Actions to save Seaview will be expensive, but not as expensive as the loss of many homes in Seaview. Now is the time for Rancho Palos Verdes to confront the ongoing problem of Klondike Canyon and its impact on Seaview. Cal Water needs to be forced to fix their infrastructure. Let's not be frugal and foolish. If the city needs to spend large sums of money to save Seaview's homes, then do so, even if it means postponing the lovely new City Hall as a monument to our council or halting the work at Ladera Linda. Save our homes in Seaview from years of city neglect of infrastructure, whatever the cost! Mike Daly 4266 Exultant Drive Rancho Palos Verdes, California D Virus-free.www.avast.com 5 Subject: RE: Seaview From: Ara Mihranian <AraM@rpvca.gov> Sent: Monday, September 18, 2023 9:40 PM To: Dianne Hassen <dihassen@icloud.com>; CC <CC@rpvca.gov> Cc: Ramzi Awwad <rawwad@rpvca.gov> Subject: RE: Seaview Dianne and James Hassen, The City Council is in receipt of your email and a hard copy will be provided to them as late correspondence at Tuesday's meeting. Please know that the Portuguese Bend Landslide Complex is the highest priority for the City Council. The City Council recognizes that the recent water main breaks are exacerbating and possibly accelerating the land movement in the area. This is why at its September 5 meeting, the Council asked Cal Water and So. Cal Gas to attend tomorrow's September 19 meeting to explain how they are responding to the recurring leaks and breaks. I am hopeful that tomorrow's meeting will provide a positive path forward for the community. Ara -----Original Message----- From: Dianne Hassen <dihassen@icloud.com> Sent: Monday, September 18, 2023 6:04 PM To: CC <CC@rpvca.gov> Subject: Seaview EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. > Please include the following comments at the Rancho Palos Verdes City Council meeting on Tuesday, September 19, 2023. > >Weare the homeowners of- > 4230 Stalwart Drive > Rancho Palos Verdes 90275. > We want the Rancho Palos Verdes City Council members to know we are very concerned about the problems of land movement in Seaview. The value of our home is negatively impacted because of the problem. We are senior citizens, who will be relying on the income from the sale of our home in the near future. No perspective buyer would want to purchase a home in Seaview with the unresolved conditions. In addition, the potential major damage to our home has caused us a great deal of stress. Insurance companies do not cover damages due to land movement and the cost of repairing our home would be prohibitive. We can not afford having our home red tagged. We are hoping that all the council members will work diligently with all parties to resolve the problem. Diann and James Hassen 1 From: Sent: To: Cc: Subject: joeldime@aol.com Monday, September 18, 2023 8:37 PM CityClerk joeldime@aol.com Fw: City council meeting 9/19/2023 comment on landslide and cal water I am a homeowner at Portuguese Bend Beach club. It seems there have been numerous water main pipe breaks that have caused floods and damage to homes in this area. There will be major rain storms {El Nino} that will exacerbate and cause major problems. What can we do to eliminate this problem otherwise, many homes will be lost including major passage on Palos Verdes Dr. South will get totally destroyed. The pipes are very old they break they get patched. They break in other areas they get patched. They are old and rusted. They break again and again. Something Has to be done. Plea~e, I beg the powers to be to come up with a solution to remedy this problem. I want to die in this area I don't want to be moved out of this area. Thank you Joel Dime 132 Sea Urchin Lane RPV, Ca. 90275 1 J. From: Sent: To: Cc: Subject: Attachments: Good Afternoon PB Club <office@pbcbeachclub.com> Tuesday, September 19, 2023 3:20 PM CityClerk Michael Barth; Ara Mihranian; Steve Cummins #81 Portuguese Bend Club Landslide Activity PBC HOA Letter to City Council 091923.pdf Please see attached letter to be reviewed by Staff/City Council Members Please include for tonight's meeting. Thank you Erica Llanos, CMCA General Manager Portuguese Bend Beach Club 4100 Palos Verdes Drive South Rancho Palos Verdes, CA 90275 310.377.3667 fax: 310.541.24 26 office@pbcbeachclub.com The information transmitted and any files attached herewith are intended only for the person or entity to which it is addressed and may contain confidential, proprietary and/or privileged material. Any unauthorized use, distribution, copying or disclosure of this communication is prohibited. If you have received this electronic transmission in error, please notify the sender immediately by replying to the address listed in the "From:" field, delete the original message including the attachments and destroy all hard copies. 1 PORTUGUESE BEND CLUB HOMEOWNERS ASSOCIATION September 19, 2023 Rancho Palos Verdes City Council Rancho Palos Verdes, California Re: Portuguese Bend Club Landslide Activity Dear Mayor Ferraro and Members of the City Council: The Portuguese Bend Club, and our neighbors to the North in Seaview and to the West in upper Portuguese Bend, are suffering a substantial increase in landslide or land subsidence activity. The constant repair of Palos Verdes Drive South required of the city and the Seaview sinkhole and necessity of red tagging two homes there bear testament to this movement. In our community, land is moving at a much faster level than in the past and the resulting damage to our infrastructure is devastating. I am sure that the many, many Cal Water leaks within our community, and perhaps in the adjoining areas, have resulted in an acceleration of the land movement. This increased land movement has resulted in the members of our community, and I am sure the others, being highly concerned about the damage and possible loss of our homes as well as the potential loss of Palos Verdes Drive South as the only thoroughfare in and out of our community. As I walk within our community each day, I see new evidence of the impact the land movement is having on our roads, our homes, our recreational areas, and our lives. I see this first-hand each day as I do not have to look further than my own terrace which is being destroyed by this activity. On behalf of our community, I request that you instruct Cal Water to take the actions as recommended in your staff report, 1) Deploy real-time leak detection technology in the areas where leaks are occurring in the three communities mentioned. I note that Cal Water has told City staff that they will be placing leak detection equipment and pressure monitoring devices at strategic locations within the landslide area. I ask you to instruct Cal Water to begin this task immediately. 2) Immediately implement a quick response protocol to address leaks in our community as quickly as possible. Fixing the leaks is only part of Cal Water's responsibility, they also need to clean up the mudflows and other negative impacts of these leaks. 3) Deploy leak isolation and automatic shut-off devices so that a leaking pipe is immediately isolated and shut-off upon detection. 4) Install the most modern innovative materials to increase resiliency of pipes & joints to landslide movement. 4100 PALOS VERDES DRIVE SOUTH, RANCHO PALOS VERDES, CALIFORNIA 90275 Mayor Ferraro and City Council Cal Water Land Movement Impact September 19, 2023 Page 2 5) Explore and enhance long-term solutions such as encasing or re- routing water distribution lines. Thank you for taking the time to review this letter and for taking the necessary action to protect not only our community, but all of the areas impacted by this recent increase in land movement. Forcing Cal Water to implement the actions above will go a long way in slowing the introduction of more water in our active landslide. Yours truly, Michael A. Barth President Portuguese Bend Homeowners Association. cc: Portuguese Bend Comunity From: Sent: To: Cc: Subject: Attachments: Dear City Clerk - Andrew Ely <andrew@elyusa.com> Tuesday, September 19, 2023 3:14 PM CityClerk Andrew Ely Ely -Questions (112 Spindrift Owner/Resident) Ely-Questions pertaining to 091423 staff report_draftv3.docx; 20230914_PB Landslide Utilities Report_Staff Report.pdf I am submitting the attached document for the Hybrid City Council Meeting taking place on September 19th. My document references the RPV staff report pertaining to Tue 19th session on Cal Water breaks and the "new" land movement that is occurring outside of the PB landslide (see attached PDF-From RPV). I appreciate your attention to this topic and look forward to hearing the city's response to my questions. Thank you for your time. Andrew Andrew Ely 310-729-2002 M andrew@elyusa.com 1 2. To: From: RPV City Andrew Ely Questions Sept 18 ,2023 Subject: Date: Ref: City of RPV -Staff Report created 09/14/23 -dated 09/19/23 AGENDA TITLE: Consideration and possible action to receive a report from Cal Water and Southern California Gas Company regarding their response and mitigation efforts to the Portuguese Bend Landslide Outlined below are excerpts from the Staff report -in black Outl ined below are my questions -in blue In the body of the report Staff cited: DISCUSSION: Cal Water Many water pipe leaks have been reported in the landslide area, some of which have gone undetected for unknown periods of time, and some of which have not been immediately repaired. Because infiltration of water increases landslide movement, Staff have demanded that Cal Water take the following actions to respond to the breaks and mitigate effects on the landslide: 1) Deploy real-time leak detection technology so that any leak will be immediately detected. Ely Questions: 1.1) Q : Which specific lines will the leak detection devices be deployed to? 1.2) Q: 1.2 .1 -What is the target date to have the initial devices installed? 1.2 .2 -What would the target date to have all the devices installed be? 1.3) Q: What additional alternative "early warning " process/system can the community leverage to help RPV identify leaks at the onset? • The intent of this would be to better inform RPV city officials of a "real time " issue as it occurs. 2) Deploy leak isolation and automatic shut-off devices so that a leaking pipe is immediately isolated and shut-off upon detection. Ely Questions: 2 .1) Q : 2 .1.1 -How will the city determine the priority pipes (pipes to be addressed first)? 2.1 .2 -Where will these devices be placed? 2.1.3-How long will this take to establish? 3) Begin repairs to leaking pipes immediately. Ely Questions : 3 .1) Q: What priority of funding will the city/Cal -Water allocate to this? 4) Install the most modern innovative materials to increase resiliency of pipes & joints to landslide movement. Ely Questions : 4.1) Q : 4 .1.1 -What is the current long-term plan for City Water replacement of aging pipe? /) , ) ' 'l I' Q: 4.1 .2 -Assuming the city creates the infrastructure future plan -How is the city managing the process for Cal -Water pipes that fall within easement properties? 5) Explore long-term solutions such as encasing or re-routing water distribution lines. Ely Questions : 5 .1) Q :None In response to Staff demands, Cal Water representatives informed Staff that they are taking the following immediate steps: A. Placing leak detection equipment and pressure monitoring devices at strategic locations within the landslide area. Ely Questions: A.1) Q : A.1 .1-What is the city doing to address the movement that is occurring in land that has not moved for a very long time? o Several of the recent Cal -Water pipe breaks have occurred in areas that are not located in the PB landslide . Many RPV residents are concerned with the breaks in these areas causing ancient slides (like Klondike) to be reactivated . Q : A.1 .2 -Same question as 1.1 -Where will the city start first? B. Working with City staff to identify areas within the Preserve for which signs will be installed with Cal Water's leak report telephone number. Ely Questions : B .1) Q : Does the City have a grid established that identifie s the Cal Water main pipes and if so , can this be published to all the RPV residents? C. Treating all leaks in the broader landslide area at the highest internal response level and adding redundancy to internal processing of leak reports to minimize the potential for human error delaying a leak repair response. E ly Questions : C.1) 01 .C .1: -Will the RPV council establish a dedicated committee to ov e rsee this topic going forward? Q 1.C .2 : -Given the dynamic nature of this how will the city keep the RPV community informed on the changing events? ; I {"' CITY OF . 3.20 -~~,~~-' -RANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT MEETING DATE: 09/19/2023 AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to receive a report from Cal Water and Southern California Gas Company regarding their response and mitigation efforts to the Portuguese Bend Landslide. RECOMMENDED COUNCIL ACTION: (1) Receive a report from Cal Water regarding their response and mitigation efforts to the Portuguese Bend Landslide as it relates water pipelines; (2) Receive a report from Southern California Gas Company regarding their response and mitigation efforts to the Portuguese Bend Landslide as it relates to the gas pipelines; (3) If desired, direct Staff to return at a future City Council meeting to consider an additional appropriation to fund engineering review, collaboration, and coordination with utility companies on their plans for response and mitigation efforts; and, (4) If warranted, request the utility companies to return on a specific date with updated information on a short-term and long-term action plan and timeline for addressing mitigation efforts within the Portuguese Bend Landslide. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: REVIEWED BY: Ramzi Awwad, Public Works Director Al· Same as above .l APPROVED BY: Ara Mihranian, AICP, City Manager,',',\ ATTACHED SUPPORTING DOCUMENTS: None Staff has been advised that Cal Water and· Southern California Gas Company will be submitting, as late correspondence, a formal written response to the Council's request to attend tonight's meeting. 1 BACKGROUND: Over the past few years, movement in the Portuguese Bend Landslide Complex has accelerated, impacting roadways, utilities, and structures in the immediate area. Streets are experiencing significant cracking, horizontal and vertical movement, and occasional sink holes. Structures in both the Abalone Cove and Klondike Canyon Landslide Abatement Districts are experiencing movement resulting in cracking, and in the Seaview neighborhood two homes have been red-tagged by the City. Utility impacts include broken water and gas distribution pipes, moving sanitary sewer collection pipes, and leaning utility poles. At the September 5, 2023 City Council meeting, two property owners from the Seaview neighborhood within the Klondike Canyon Landslide Abatement District (KCLAD) expressed concerns with the damage occurring to their properties due to the landslide and recurring damage to utility infrastructure, particularly water distribution pipes. Residents expressed grave concern that the recurring water distribution pipe breaks are resulting in water being discharged into the ground, which will exacerbate land movement. In response, that evening, the City Council requested that the water distribution utility, California Water Service (Cal Water) be invited to the next meeting to report on their response and mitigation efforts. The following evening, Mayor Pro Tern Cruikshank and Councilmember Bradley, as the City Council Landslide Subcommittee, joined City Manager Mihranian, Public Works Director Awwad, and Building Official Rasor at a Seaview Neighborhood Meeting on the landslide. Approximately 70 people attended in person plus another 70 people participated online to hear from the City. That evening, residents also expressed a concern with the recurring broken utility pipes and their alleged impact to the landslide. For purposes of this report, the Portuguese Bend Landslide Complex is comprised of the following areas: ~ ...... ,,o,,; ~,.'/,.if. ·•--.. ~-~· .,_,,.,,, '.-..-,s_..,,,,..., ,.,__,_ ,,~ ... , ..,_,.,, .... ,.~ .,, 2 Tonight, Local Public Affairs Government Relations Managers from Cal Water and Southern California Gas Company (So Cal Gas) for the Peninsula cities, confirmed their participation. They will be reporting on their response and mitigation efforts to the Portuguese Bend Landslide. DISCUSSION: Cal Water Many water pipe leaks have been reported in the landslide area, some of which have gone undetected for unknown periods of time, and some of which have not been immediately repaired. Because infiltration of water increases landslide movement, Staff have demanded that Cal Water take the following actions to respond to the breaks and mitigate effects on the landslide: 1) Deploy real-time leak detection technology so that any leak will be immediately detected. 2) Deploy leak isolation and automatic shut-off devices so that a leaking pipe is immediately isolated and shut-off upon detection. 3) Begin repairs to leaking pipes immediately. 4) Install the most modern innovative materials to increase resiliency of pipes & joints to landslide movement. 5) Explore long-term solutions such as encasing or re-routing water distribution lines. In response to Staff demands, Cal Water representatives informed Staff that they are taking the following immediate steps: 1) Placing leak detection equipment and pressure monitoring devices at strategic locations within the landslide area. 2) Working with City staff to identify areas within the Preserve for which signs will be installed with Cal Water's leak report telephone number. 3) Treating all leaks in the broader landslide area at the highest internal response level and adding redundancy to internal processing of leak reports to minimize the potential for human error delaying a leak repair response. Additionally, Cal Water representatives informed Staff that they are willing to review options for installing different pipe materials, encasing pipes, or re-routing pipes in collaboration with the City. Cal Water is requesting that public report water pipe breaks to their 24/7 customer service line at 310-257-1400. Southern California Gas Company Due to the ongoing gas pipe breaks, particularly within the Portuguese Bend Community Association, Staff demanded that So Cal Gas take similar actions to those identified for Cal Water. In response to Staff demands, So Cal Gas representatives informed Staff of the following: 3 • Leaks in the Portuguese Bend Landslide have historically been caused by corrosion and tree root damage rather than land movement. • Leak response is based on location, spread, concentration of gas, and imminence of hazard to people or property. • Gas pipes in the Portuguese Bend Landslide are on an annual leak survey. • An engineering assessment of areas of concern by the community has been conducted and results are being reviewed to identify future infrastructure changes. ADDITIONAL INFORMATION: Sanitary Sewers In response to the significant movement that occurred in the Seaview neighborhood in July 2023; Staff coordinated a closed-circuit television (CCTV) inspection with the Los Angeles County Public Works Department (LACPW), who maintains and operates the City's local sanitary sewers pipes (outside of the Abalone Cove Sanitary Sewer System). Those inspections revealed joint displacements of up to three inches which create a lip at pipe joints whereby flow cascades over an adjoining pipe rather than flowing through it smoothly. However, according to LACPW, unlike pressurized water distribution pipes, sanitary sewer pipes use gravity to flow. This means that velocities are insufficient to create erosion. Therefore, flow continues through the pipes and only nominal water infiltration occurs. Staff are working with LACPW to develop an inspection protocol that will identify future leaks in a timely manner and create a plan to respond quickly. Additionally, Staff are exploring the possibility of re-routing sanitary sewer pipes to areas less affected by land movement. Community Notification Tonight's agenda item will be shared with board members for the Portuguese Bend Community Association, ACLAD, KCLAD, Seaview, and Portuguese Bend Beach Club with a request that they notify their members. ACLAD On September 15, 2023, ACLAD Board Members and City Manager Mihranian will be meeting with Supervisor Janice Hahn to discuss the on-going land movement issues the area is experiencing with the ongoing and accelerated movement of the Portuguese Bend Landslide. CONCLUSION: Staff recommends the City Council receive a report from the various utility companies on their response and mitigation efforts to the Portuguese Bend Landslide. 4 From: Sent: To: Subject: Attachments: Joe C. <jocruz1@hotmail.com> Tuesday, September 19, 2023 3:46 PM CityClerk 9-19-2023 Comment on Agenda Item 2 regarding 9-19-2023 JCruz-RPV Klondike Letter.pdf I am writing to comment on today's city council meeting agenda item 2, "consideration and possible action to receive a report from Cal Water and Southern California Gas Company regarding their response and mitigation efforts to the Portuguese Bend Landslide." Please see attached for my comment letter. Thanks, Joe Cruz 1 September 19, 2023 Dear Rancho Palos Verdes City Council: For the City Council meeting today, I am writing regarding Agenda Item No. Two, "consideration and possible action to receive a report from Cal Water and Southern California Gas Company regarding their response and mitigation efforts to the Portuguese Bend Landslide." In particular, I am writing to comment on infrastructure and related issues in the Klondike landslide area in Seaview. I agree with recommendations made in the Staff Report on Agenda Item No. Two with regard to the water lines, gas lines, and sewage lines. Specifically, per the Staff Report, RPV City staff demanded these utility companies take steps to mitigate effects on the landslide, such as: 1. Deploying real-time leak detection technology so that any leak will be immediately detected; 2. Deploying leak isolation and automatic shut-off devices so that a leaking pipe is immediately isolated and shut-off upon detection; 3. Beginning repairs to leaking pipes immediately; and 4. Exploring long-term solutions such as encasing or re-routing water and gas distribution lines. It is imperative that items 1 through 3 be undertaken immediately. Notably, the City presented recent measurements of movement in the Klondike abatement area in Seaview. Movement is generally expected in a high-rain year. However, the intersection at Exultant and Dauntless showed movement of 32 inches annualized, three times the nearest surrounding monitored number. This much movement at the corner of Dauntless/Exultant demonstrates that the corner is a massive aberration from the surrounding points and from its prior historical averages. What makes this year different at that intersection? A leaking LA County sewer line and Cal Water's highly pressurized water main line breaks repeatedly bursting since April this year. Pointedly, Cal Water made major infrastructure improvements over the last few years increasing the water pressure over the Hill. Not only have the water lines broken repeatedly this year at this corner, Cal Water's identification of breaks and response for repair has been disturbingly slow. Only after significant time, erosion, and water flow up from under the street has occurred have they belatedly stopped the flow. This is more true and disturbing for the many line breaks in the adjacent Preserve. It is unclear how many major breaks there have been or for how long and how many have gone undetected. Beyond working to immediately detect and repair water, gas, and sewer breaks, it's imperative that the city take immediate action to remove water from the affected area. I recognize that a long-term solution is needed. However, we expect another high rain year, and with the water table as high as it is, the Klondike landslide may not sufficiently hold and we risk having a catastrophe, especially if you add a small earthquake. Critical public infrastructure including the water system and the arterial highway are already being severely damaged. For comparison, a recent measure of water levels in the Portuguese Bend Beach Club found that the water table was at negative 13 feet from the surface. Traditionally, the water level has been at about negative 90 feet this time of year. If the area receives even half as much rain as it did last year and water is not appropriately diverted, I fear that the ground water will be so high as to result in a catastrophic landslide similar to the one that wiped out over 140 homes in the Portuguese Bend landslide area in the 1950s. There are steps that exist to prevent further significant issues if they are taken now by the City and related utilities and agencies. What can the City do immediately to prevent such an imminent catastrophe? 1. Install temporary dewatering wells to at least help get us through the winter. Perhaps some at the landslide areas showing high levels of movement, such as near Dauntless and Exultant Drive, and in other key locations throughout the Klondike landslide complex. 2. Have the mayor declare a state of emergency to allow the City to take immediate action. Without immediate action we're at high risk of losing a key road that connects our city and serves as an arterial road into the remainder of the South Bay. We also risk losing critical infrastructure that supplies our homes with water and gas. Worse yet, gone undetected, a gas leak can lead to a whole swath of homes in our neighborhood exploding as we've seen happen up north in the San Francisco Bay Area. The bottom line here is that water needs to be pulled out of the landslide system and there's no time to go through multiple environmental reviews. Please use the tools you all have as public officials to save our neighborhood. Our household is not in the abatement district and we have not experienced issues at our home. Nonetheless, I am displeased with the lack of a proactive City plan. Seaview is our home and we want our neighbors to be able to live peacefully. We all are also stewards of this amazing natural area. Please help! Thank you in advance for your efforts on this. Joe Cruz 4314 Dauntless Dr. RPV, CA 90275 From: Sent: To: Subject: Hello City Clerk, Chad Dime <dime@diffeyewear.com> Tuesday, September 19, 2023 3:13 PM CityClerk Concerned Citizen -Comments for city council meeting 9/19/23 I am concerned citizen of RPV who lives in portuguese bend club. We have been seeing massive amounts of land movement in our area and specifically around our house. We have heard that water breaks in the areas above our community are happening at a rapid pace and we all know that introducing water into the land here is what exacerbates the sliding and movement. What action if any can be taken by the water company the city uses to maintain all these pipes and reduce the risk of increased land movement? We really need help in our community as our homes are at risk here. Thank you. CHAD DIME CO-FOUNDER I DIFF CHAHITABLE EYEV\/EAH F dime@diffeyewear.com \J 310.818.0422 W DIFFEYEWEARCOM DIFF's mission is to use fashion as a force for good. 1 From: Ramzi Awwad Sent: To: Tuesday, September 19, 2023 2:54 PM CityClerk Subject: FW: Gas Co response times This is late correspondence for the utilities item-it slipped through the cracks so I am just now sending it. -----Original Message----- From: Marianne Hunter <2hunter@cox.net> Sent: Thursday, September 14, 2023 12:49 PM To: Ramzi Awwad <rawwad@rpvca.gov> Subject: Gas Co response times EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Hello Mr Awwad, Regarding gas company and cal water pipe leaks. GAS LEAKS: We have had a number of gas leaks from their pipes on the street in front of our home and across the street from us in a vacant lot. The leaks were bad enough for neighbors walking and driving by to be so concerned that they called us. Sometimes it would be strong enough to be noticeable all the way up to our house. Every call resulted in a gas co technician coming out and confirming, yes, there's a gas leak. Then nothing. Calling again in the same leak we got only a repeat of confirmation, but no repair. This happens over and over, sometimes for weeks! Recently the jointed, above ground pipe at our property that has leaked several time was replaced. The gas leaks could worsen unexpectedly between reporting to finally having a scheduled repair. This is a fire and health hazard. WATER LEAKS: our entire community has been impacted, damaged and imperiled by continuous leaks of old CalWater pipes. The entire water pipe infrastructure must be replaced with above ground pipes with joints to accommodate land movement. Thank you for taking note of our comments. Regards, Marianne & Bill Hunter 1 Cinnamon In Sent from my iPhone 1 From: kitmsong@yahoo.com Sent: Tuesday, September 19, 2023 4:16 PM CityClerk To: Subject: Tonights meeting Sorry to be a little late. For this PM meeting. Will be present. Would like to comment on the landslide movement in Seaview. • At recent SRA meeting had city manager, engineer and two city council members in attendance along with 120 residents. • All are aware of the evolving problem of increasing land movement and the long history of this in the community • We are appreciative of the developing communication lines with the city and So Cal water. That having been said, concerns are surfacing around the following: o There is complex support of the utilities and infrastructure in our neighborhood related to damage from the landslide. The rate of damage is increasing creating much concern of what the short term and longer term solutions will be o There is a long history of mitigation efforts that are not known to all and seem to be disconnected o Inability of community members to see or know of inter-organizational efforts or cooperation to deal with the evolving infrastructure problems or the mitigation of slide efforts o Uncertain communication channels/responsibilities related to report of and dealing with infrastructure issues o Availability of information from the abatement districts as to work being done or planned • Our ask of the meeting participants Sincerely, o Can we coordinate and have regular inter agency and inter organizational meetings for updates to the community of ongoing and planned efforts? Suggest at least quarterly while movement rates are high. Suggest the initial meeting be to lay out history and current situation and to define who is responsible for what among the city, county, water, abatement districts. o Can we have an integrated and centralized reporting process for problems seen in the community that will be monitored to and responded to by the responsible parties? o Can we have some clarity of the lines of responsibility for utility/infrastructure needs going forward. Kit Song Seaview Residents Association. 1 From: Sent: To: Subject: Dennis Jaconi <dennyjaconi@gmail.com> Tuesday, September 19, 2023 4:17 PM CityClerk City Council Meeting Sept 19-Comment on Cal Water Leaks and Klondike Canyon EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear Mayor Ferrara and City Council, > > I am a resident at 133 Sea Urchin Lane and live at the base of Klondike Canyon. I have lived in this home over the course of past 44 years and am greatly concerned on the recurring damages my home has endured due to increased movement in the slide. I understand the heavy rains we experienced this past winter has a role in this movement however it seems clear that the recent main water break has exacerbated this movement and therefore damage to my home and neighborhood. > Over the past 3 weeks alone, the cracks in my home interior and exterior floors, walls, and foundation have increased by an additional 1/8". It is my concern that this will continue and worsen until proper mitigation including updated utility infrastructure is in place. > I am also wondering what we can do as a city to work with Cal Water to help remedy the damages caused to our community as a result of these line breaks. For homes in our community that have endured damaged what help can we expect here? > > Appreciate your service and feel free to reach out. I am happy to share timelined imagery of damage to my home. > > Your neighbor, > > Denny Jaconi > 133 Sea Urchin Lane > RPV, CA 90275 1 Subject: RE: Portuguese band landslide activity -----Original Message----- From: Oliver Hazard <Perryhappy@hotmail.com> Sent: Tuesday, September 19, 2023 1:26 PM To: CityClerk <CityClerk@rpvca.gov> Subject: Portuguese band landslide activity EXTERNAL EMAIL: D6 not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear mayor Ferraro and city council, I am a home owner in Portuguese Bend club and am concerned with the new land movement and breaking water lines in land that was previously stable. I agree with everything said in the letter sent to you by the PBC board. I hope we can come up with some solutions to fix this on going problem. Thank you for your time. Oliver Hazard 1 1 2 Subject:RE: Attached is a letter for public commentary regarding agenda item #2 at tonight’s city council meeting. From: Tashia Hinchliffe <tashhd@aol.com> Sent: Tuesday, September 19, 2023 4:55 PM To: CC <CC@rpvca.gov>; CityClerk <CityClerk@rpvca.gov> Subject: Attached is a letter for public commentary regarding agenda item #2 at tonight’s city council meeting. EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. I also left a VM with the city clerk earlier today. Thank you for your assistance in this crucial urgent matter. ‐Tashia Hinchliffe, Yale MBA RE/MAX Estate Properties, Global Director Your Personal Real Estate Consultant +1.310.383.7057 www.GlobalTashia.com DRE#01245590 Member - Institute for Luxury Home Marketing PV Specialist ‐ Palos Verdes Peninsula Association of Realtors CIPS ‐ Certified International Property Specialist GMA - Global Marketing Agent RSPS - Resort & 2nd Home Property Specialist TRC - Transnational Referral Certified AHWD - At Home with Diversity Certified CIPC - Certified International Property Consultant in Dubai C.A.R. Director 2010-2014 National Association of Realtors Director 2012-2014 P.S. I donate 2% of my earned fees to causes that are important to me and my clients. Please don’t keep me a secret to friends, family & colleagues about whom you care. I rely on and appreciate your referrals. I’d love to help them achieve their real estate goals anywhere in the world. September 19, 2023 Rancho Palos Verdes City Council and City Staff Rancho Palos Verdes, California Re: Portuguese Bend Club Landslide Activity Agenda item 2 at 9/19/2023 City Council Meeting Dear Mayor Ferraro and Members of the City Council: I am extremely nervous about the increased activity of the Portuguese Bend landslide in and surrounding our community of homes. We also have a local landslide which has been dormant for thousands of years, and appropriately entitled the “Beach Club Landslide”. It would be devastating to the homes on Yacht Harbor Drive, Seascape Lane, Spindrift Drive, and Spindrift Lane if that landslide is activated by excessive water in the soil, or erosion of earth due to a mudslide or sinkhole. There have been multiple recent water and gas main breaks and failures in our community and the surrounding neighborhoods. The water main failures have introduced massive amounts of extra water into the soil. The water table in the local well is suspiciously higher than normal in our area compared to the neighboring wells. That suggests that there may be a water main break underground which has yet to be identified and stopped. In our community, land is moving at a much faster pace than in the past and the resulting damage to our infrastructure is devastating and costly. I am sure that the many Cal Water leaks within our community, and perhaps in the adjoining areas, have resulted in an acceleration of the land movement. If our homes are damaged or lost, there is no available insurance that can protect us. As a long-time resident at the Portuguese Bend Beach Club, member of the PBC Architecture Committee, Realtor, and daughter of former RPV Mayor and Councilman, Doug Hinchliffe, I request that you instruct Cal Water to take the actions as recommended in your staff report to PROACTIVELY seek out and remediate the problems with the failing water infrastructure in the city. I fully support our HOA President, Michael Barth’s letter addressing those specific action items which the city can demand that CalWater do to protect our community. Thank you for taking the time to review this letter and for taking the necessary action to protect our community and all of the areas impacted by this recent increase in infrastructure failures and land movement. Yours truly, Tashia Hinchliffe Portuguese Bend Beach Club resident since 1969 116 Spindrift Drive and 131 Yacht Harbor Drive DocuSign Envelope ID: 403DF9CC-8E18-4D51-9A45-068D5D5270F0 TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: SEPTEMBER 18, 2023 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA _____________________________________________________________________ Attached are revisions/additions and/or amendments to the agen da material received through Monday afternoon for the Tuesday, September19, 2023, City Council meeting: Item No. Description of Material F Response from Councilmember Bradley I Signed agreements for Attachment A (Geo-Logic Associates, Inc.), Attachment B (Hout Construction Services, Inc. DBA Hout Engineering, and Attachment C (Amendment 1 – LSA Associates, Inc.) J Correction to Attachment A Resolution 2 Email exchange between City Manager Mihranian and Ysidro Salinas; Emails from: Mike Daly; Robert and Donna Lauck Respectfully submitted, __________________ Teresa Takaoka L:\LATE CORRESPONDENCE\2023\2023 Coversheets\20230919 additions revisions to agenda thru Monday.docx Subject: Re: AB 825 Bicycles on Sidewalks Opposition Letter Attachments: AB 825 (Bryan) Oppose Letter_FINAL.pdf; AB 825 Bill Text (As Amended on September 8 2023).pdf From: David Bradley david.bradley@rpvca.gov Sent: Thursday, September 14, 2023 9:34 PM To: Shaunna Hunter shunter@rpvca.gov Cc: CityClerk CityClerk@rpvca.gov; Ara Mihranian AraM@rpvca.gov; Karina Banales kbanales@rpvca.gov; Barbara Ferraro barbara.ferraro@rpvca.gov Subject: Re: AB 825 Bicycles on Sidewalks Opposition Letter I concur with our opposition to AB 825 David Bradley Council member -Rancho Palos Verdes david.bradley@rpvca.gov (310) 487-2418 Cell Phone City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 From: Shaunna Hunter <shunter@rpvca.gov> Sent: Tuesday, September 12, 2023 5:18 PM To: CC <CC@rpvca.gov>; CityClerk <CityClerk@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Karina Banales <kbanales@rpvca.gov> Subject: AB 825 Bicycles on Sidewalks Opposition Letter Dear Mayor and City Council Members, I trust this message finds you well. I am writing to bring to your attention Assembly Bill 825 (AB 825), which pertains to bicycle use on sidewalks adjacent to highways. The City of Rancho Palos Verdes has formulated a letter of opposition to AB 825, reflecting our concerns regarding its potential impact on local governance. Attached to this email is the signed letter expressing our opposition to AB 825, as per Council Policy 29. Due to the timeliness of this legislation, our City Manager, Ara Mihranian, has already signed the letter. It is scheduled for inclusion on the consent calendar for the September 19, 2023, City Council meeting. Given the current legislative review, it is essential to promptly communicate our stance to the relevant authorities. Your consideration and support of our position on this matter are highly appreciated. For further information or discussion, please feel free to contact us. Sincerely, 1 F \)A'CO'"':, 0 v ",, <) • {t" :Q ~ w, i ,i l ,:, I -jJ j ' / ,; Shaunna Hunter, MPA Public Safety Administrative Analyst II City Managers Office shunter@rpvca.gov Phone -(310) 544-5305 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov Consider the environment before printing this e-mail. DOWNLOAD 11lfr{ ••• # • ,. !Ilic; e-mail rne1.;sa9e contains information belonginq to tl1(" City of Hancho Palos Verdes, which rnay be privile9ecl, confidential and/or prntecl:ecl from ciisclosure. The information is intended only fo1-use of the individual or entity named, Unaulhori?eci dissemination, distribution, or copyinq is strictly prohibitocl. If you rocoivod this ornail in e1Tor, or aro not an intended recipient, plc,ase notify the sencier irnrnecliately, Thank you for· your assistance and cooperation. 2 From: Sent: To: Cc: Ramzi Awwad Monday, September 18, 2023 3:45 PM Nathan Zweizig CityClerk; Ara Mihranian Subject: RE: Consent Agenda Item I-Agreements for the Portuguese Bend Landslide Remediation Project Attachments: Attachment A-PSA GLA Design PBL Final Engineering.pdf; Attachment B-PSA Hout PM PBL Final Engineering.pdf; Attachment C-PSA LSA EIR PBL Final Engineering.pdf Hi Nathan, Attached are the signed agreements for late correspondence. Should I send an email to the City Council with the agreements, or do you send one? Thanks, Ramzi From: Nathan Zweizig <NathanZ@rpvca.gov> Sent: Monday, September 18, 2023 3:39 PM To: Ramzi Awwad <rawwad@rpvca.gov> Cc: CityClerk <CityClerk@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: RE: Consent Agenda Item I-Agreements for the Portuguese Bend Landslide Remediation Project Hi Ramzi, I am following up on your email from Friday regarding the signed agreements. If you have them ready today, we can include them as part of today's Late Correspondence packet that gets emailed to Council. If not, they can be included in the full packet tomorrow at the meeting. Thanks, Nathan Nathan B. Zweizig Administrative Assistant City Clerk's Office nathanz@rpvca.gov Phone -(310) 544-5217 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov Consider the environment before printing this e-mail. DOWNLOAD 'tlt!r •••••• 1 This e mdil rm2ssc1ge contains inforrmition belongin9 to the City of Rancho Palos Verdes, which rnay be privileged, confic\entia!, and/or prnt:cctcd from disclosure. The infonnation is intended only for use of the incliviclual or entity named. Unauthorized clisscmirwtion, distribution, 01· copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your <1ssistance and cooperation. From: Ramzi Awwad <rawwad@rpvca.gov> Sent: Friday, September 15, 2023 6:10 PM To: CC <CC@rpvca.gov> Cc: CityClerk <CityClerk@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: Consent Agenda Item I-Agreements for the Portuguese Bend Landslide Remediation Project Honorable Mayor and Councilmembers, I am writing to provide you with drafts of the professional services agreements (PSAs) for Consent Agenda Item I-PSAs for the Portuguese Bend Landslide Remediation Project. I intended to provide final signed PSAs today; however, the attorneys are finalizing some of the agreement language-no salient changes are anticipated, and the signed agreements will be forthcoming as late correspondence on Monday, Sept 18. Due to the length of the agreements, I am providing you with drafts today to allow you sufficient time to review the documents. I am also providing the proposal for final engineering as it will be incorporated into the agreement by reference and includes some additional detail. Thank you. Sincerely, ··i,,T~ ~.p "" <I> l { Ramzi Awwad Public Works Director rawwad@rpvca.gov Phone -(310) 544-5275 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov DOWNLOAD -nt:r Avollobt,.. In thv-App s,an: .,nd G001jtle Ploy ~ GETITON ~",.. Google Play This e mail message contains information bclongin~J to the City of Rancho Palos Verdes, which rnay be privileged, confidential, ancl/OI' prot(!cted frorn disclosure. The infonnation is intended only for· use of the individual or entity nc1rned. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received tr1is email in error, or are not an intended recipient, please notify the sencicr immediately. Thank you fi11· your assistance and cooperation. 2 01203.0006/921365.1 1 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and GEOLOGIC ASSOCIATES, INC. FOR FINAL DESIGN SERVICES AND ENGINEERING SUPPORT FOR THE PORTUGUESE BEND LANDSLIDE REMEDIATION PROJECT A-1 01203.0006/921365.1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND GEOLOGIC ASSOCIATES, INC. FOR FINAL DESIGN SERVICES AND ENGINEERING SUPPORT FOR THE PORTUGUESE BEND LANDSLIDE REMEDIATION PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into on September 19, 2023 by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation (“City”) and GEOLOGIC ASSOCIATES, INC., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services”, as stated in the Proposal, attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it A-2 01203.0006/921365.1 2 shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s Proposal which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such Proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements: (a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement. A-3 01203.0006/921365.1 3 (c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 (eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and 1½ (one and one half) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to A-4 01203.0006/921365.1 4 undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ________ (i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer in the form of a Change Order. 1.7 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be A-5 01203.0006/921365.1 5 responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.9 Additional Services City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written Change Order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to 15% (fifteen percent) of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a written Change Order. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. If in the performance of the Services, the Contractor becomes aware of material defects in the Scope of Work, duration, or span of the Services, or the Contractor becomes aware of extenuating circumstance that will or could prevent the completion of the Services, on time or on budget, the Contractor shall inform the City’s Contract Officer of an anticipated Change Order. This proposed change order will stipulate the facts surrounding the issue, proposed solutions, proposed costs, and proposed schedule impacts. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. A-6 01203.0006/921365.1 6 ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $1,460,000 (One Million Four Hundred Sixty Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. 2.2 Method of Compensation. (a) The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. (b) A retention of 10% shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory and timely completion of services. This retention shall not apply for on-call agreements for continuous services or for agreements for scheduled routine maintenance of City property or City facilities. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice, using the City template, or in a format acceptable to the City, for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. A-7 01203.0006/921365.1 7 City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer through a Change Order, but not exceeding 60 (sixty) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of A-8 01203.0006/921365.1 8 this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date of the Agreement, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Neven Matasovic, PhD, PE, GE Principal II and Project Manager (Name) (Title) John Hower, PG, CEG Senior Vice President (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only the personnel included in the Proposal to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. City shall have the right to approve or reject any proposed replacement personnel, which approval shall not be unreasonably withheld. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in A-9 01203.0006/921365.1 9 writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Ramzi Awwad, Director of Public Works, or such person as may be designated by the Director of Public Works. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City; all subcontractors included in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more 25% (twenty five percent) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. A-10 01203.0006/921365.1 10 ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be A-11 01203.0006/921365.1 11 approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein 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 non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain and continuously maintain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other A-12 01203.0006/921365.1 12 requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant 90 (ninety) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. A-13 01203.0006/921365.1 13 (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional A-14 01203.0006/921365.1 14 services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this A-15 01203.0006/921365.1 15 Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. A-16 01203.0006/921365.1 16 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other A-17 01203.0006/921365.1 17 provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Party. If termination is due to the failure of the other Party to fulfill its obligations under this Agreement: (a) City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the A-18 01203.0006/921365.1 18 compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. (b) Consultant may, after compliance with the provisions of Section 7.2, terminate the Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to payment for all work performed up to the date of termination. 7.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. A-19 01203.0006/921365.1 19 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in 72 (seventy two) hours from the time of mailing if mailed as provided in this section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. A-20 A-21 01203.0006/921365.1 21 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] A-22 Gary Lass, PG, CEG, CHG Chief Executive Officer Nicole Sweetland, PhD, PG President A-23 01203.0006/921365.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-24 01203.0006/921365.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-25 01203.0006/921365.1 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following engineering services relating to the Landslide Remediation Project: A. Establish Design and Performance Criteria. Consultant shall establish mitigation design and performance criteria for the Portuguese Bend Landslide (Landslide), which shall be based upon the principles of modern, performance-based design. The following design and performance criteria are required and shall be established at the onset of this Project: a. Establish design storm (for surface water calculations/improvements design); b. Quantify the expected mitigation outcome. Set landslide displacement reduction targets for each of six blocks within the Landslide complex; c. Establish minimum water quality standards (for irrigation, fire suppression, release into ocean, and possible release into sewer); d. Develop a list of materials acceptable to the public (e.g., can high-density polyethylene geocells be used for erosion control, can geogrids be used to increase bearing capacity underneath temporary groundwater storage tanks, use of riprap, stained and/or stamped concrete, etc.); e. Establish “success metrics” for hydraugers (volume and pressure for hydraugers installed to relieve artesian pressure and volume for hydraugers installed to minimize buildup of artesian pressure at the toe); f. Establish “set success metrics” for swales and temporary detention basin (i.e., flow reduction area; an attempt will be made to design without this improvement component); g. Establish “success metrics” for landsliding-induced fissures (how much infilling should be required upon completion of the landslide mitigation project); and h. Estimate the relative contribution of each mitigation component on landslide movement (to be confirmed by numerical modeling; see Tasks F-H). The criteria and the assessment effort (procedures) shall be documented in a Design Basis Memorandum (DBM) for the project. The DBM shall be circulated among parties involved and be revised to accommodate additional comments. The A-26 01203.0006/921365.1 A-2 DBM may also be used in support of permitting. Following broader concurrence and acceptance, the (revised) DBM will serve as a basis for the final design. B. Develop Instrumentation and Monitoring Plans. Consultant shall develop: (i) mitigation-specific instrumentation plan; (ii) construction monitoring plan; and (iii) post-construction monitoring plan. Upon completion, the plans will be submitted to the City in draft and final forms. Effort will be coordinated with the current landslide monitoring program currently being conducted by the City. The purpose of the mitigation-specific instrumentation and subsequent construction and postconstruction monitoring shall be to: (i) confirm modeling/design assumptions and, if required, revise these assumptions per field conditions encountered during the initial stages of construction (e.g., for confirming groundwater table and the basal failure surface elevations and/or to measure artesian pressure encountered in vertical boreholes advanced prior to the installation of hydraugers, etc.); (ii) establish a set of “baseline” conditions to evaluate the success of the mitigation measures (e.g., artesian pressure and relative displacement prior and after the implementation of remedial measures); (iii) estimate volume and quality of groundwater that will be released from the bottom hydraugers (estimate from measured artesian pressure; size the groundwater temporary storage, transfer, and discharge facilities based upon that information; estimate number and frequency of groundwater quality tests) and (iv) monitor the success of the implementation of mitigation measures during and upon completion of the implementation of the mitigation measures. C. Independent Quality Control. Consultant shall utilize a third-party technical reviewer who specializes in computational geotechnics and has significant experience with development and implementation of landslide mitigation measures. For this Task, Consultant shall contract with Professor Timothy Stark, whom is a nationally recognized expert in computational geotechnics and landslide mitigation, is licensed as a Professional Engineer (PE) in the state of California, and is well acquainted with the PBL and the findings of the FS and other related studies. In addition to the high-level technical review, Professor Stark shall provide counsel to the Consultant on an as-needed basis. D. Survey. Consultant shall retain a surveyor acceptable to the City to perform a survey within the Landslide footprint. Surveyor shall perform site topographic survey, which encompasses the entire Landslide and adjacent areas that will be used for access and staging (i.e., do not survey just area owned by the City and/or operated by the Preserve). This effort shall result in a current topographic map and be based upon project-specific aerial survey enhanced by onsite measurements to produce detailed information about alignments of existing trails, roads traversing the site, and site drainage and other infrastructure. A-27 01203.0006/921365.1 A-3 E. Revise Hydrology and Hydraulics Calculations. Using the updated topographic information for the site described in Task D, Consultant shall update the watershed information and perform relevant hydrology and hydraulics calculations. Hydrology and hydraulics calculations shall include: (i) development of a watershed maps; and (ii) evaluation of surface water flow in a 100-year storm event (or other storm event, as established in the final DBM; see Task A); and (iii) simulation of a hypothetical event that exceeds a 100-yr storm (see last Task A). The hydrology/hydraulics team will interact with the native habitat restoration and planting and irrigation teams (see Tasks I and J) prior to performing hydraulics calculations (i.e., to assess Manning coefficients/model input parameters representative of various existing and proposed/ considered conditions at the site). Assignments will include sizing of the proposed drainage swales, “flow reduction area,” (if required; may be eliminated during the final design stage), and pipe(s) under the Palos Verdes Drive South (PVDS) in a design storm event. In response to the public comment, special attention will be devoted to the presentation of the results. In particular, for the affected area, GLA will develop a map of the surface water sheet flow with indicated drainage system inlets. If results of hydrology and hydraulic calculations show that a temporary detention basin (i.e., “flow reduction area”) is required, flow into the basin shall be explained and presented. Estimated temporary detention basin drainage times (for up to three berm height/ detention area size scenarios considered) shall be evaluated and tabulated. F. Revise, Validate, and Calibrate 3D Seepage/Artesian Pressure Model. Consultant shall revise, validate and calibrate the 3D seepage/artesian pressure model to allow Consultant to properly address and quantify requests from the public. G. Revise, Validate, and Calibrate 3D Slope Stability Model. To provide an engineering basis for final design of the hydrauger system, Consultant shall revise its 3D slope stability model of the Landslide with the following updated elements: (i) updated site topographic information; (ii) updated seepage information (see discussion above; Task F); and (iii) hydrauger information (with respect to preliminary design, as part of environmental clearance, one hydrauger battery was eliminated, three were relocated, and lengths of virtually all remaining hydraugers shown in preliminary plans were reduced to extend only within City property or rights-of-way). H. Engineering Evaluations in Support of Response to Received and Anticipated Public Comments. Consultant shall perform supplemental evaluations to address: (i) already received public comments and anticipated public comments including: (i) evaluating the efficiency of the final hydrauger system with respect to the original 2019 system; (ii) assess the relative contribution of other project elements on landslide movement (i.e. infiltration through septic tanks, infiltration through cracks, steady state seepage within landslide mass, artesian pressure at the toe of the landslide, and coastal erosion at the toe of the landslide; (iii) evaluate the A-28 01203.0006/921365.1 A-4 impact of individual hydrauger batteries on landslide movement; (iv) evaluate the effect of surface water loading in the flow reduction area on landslide stability; (v) evaluate the need for a flow reduction area; (vi) outline the maintenance and operations requirements within the flow reduction area; (vii) investigate the replacement of the flow reduction area with larger pipe(s) under PVDS or at other locations, and (viii) evaluate the effects of heavy equipment (i.e. construction) loading on landslide stability. I. Context Sensitive Design Support and Development of Planting and Irrigation Plans. Consultant shall retain the services of a landscape architect to support the pre-design and design stages of the project. The scope of services for the architect shall be developed in detail and then refined throughout the completion of Tasks A-I. The scope of services will consider public comments received so far, and public comments received by the time the Task is completed. City and Consultant anticipate that the Task will include the following tasks: (i) evaluate a possibility to meander drainage swales (this is required to reduce surface water flow velocity and thus allow for vegetation of swales with native vegetation / avoidance of other erosion control measures that public opposes); and (ii) assist with developing visually-pleasing auxiliary structures, such as hydrauger battery wing walls and facilities for conveyance and temporary storage of groundwater recovered from piezometers and hydraugers excess groundwater. Should construction of temporary detention basin(s) be required, this subcontractor will review preliminary design and modify it to blend into nature. J. Develop Construction Plans, Specifications, and Construction Quality Insurance (CQA) Plans (60%, 90%, & 100%). Consultant shall work with hydrauger installation contractors, drilling contractors (for installation of temporary piezometers and/or temporary inclinometers that precede installation of hydraugers), landscape architects, planting/irrigation specialists, and environmental engineers to advance the design drawings to a 60% level. Development of design details shall include multiple site visits (e.g., to assess access and/or to evaluate transitions of the ends of the canyons into the surface drainage system). If meandering of drainage swales could not be implemented, swales shall be lined with planting-friendly product, as identified by subcontractor, and accepted by the City). Following the implementation of comments on the 60% drawings/details (up to two rounds of comments), Consultant shall advance the drawing set to 90% level and develop Technical Specifications and CQA Plans. The final set of drawings, Technical Specifications, and CQA Plans shall be developed following the 90% design comment period. The final plan set, including construction drawings, construction details, Technical Specifications, and CQA Plans shall be attached to a Design Report. Following up to two rounds of comments on 90% design drawings, Consultant shall prepare a complete set of Construction Documents (100%). The A-29 01203.0006/921365.1 A-5 Construction Documents shall include the Plans, Specifications, and Estimates (PS&E), which describe the design, construction, and cost of the Project. The plans in the PS&E will be drawings that show the layout of the project. The specifications will provide descriptions of the materials, methods, and quality standards that will be used in the construction. The estimates are the costs of the materials, labor, and other expenses associated with the project that will be developed and prepared as a part of Task K. The City will use the PS&E to approve the Project and to solicit construction bids for the project. K. Develop Cost Estimates. Consultant shall prepare tentative cost estimates for project elements outlined/explained above, including but not limited to surface water improvements, crack infills, installation of temporary piezometers and subsequent hydrauger batteries, management of discharge water, and other elements encompassed by the final set of drawings and Technical Specifications. L. Design Report. Consultant shall prepare as part of the Design Package, in addition to construction drawings (including construction details), technical specifications, contract special provisions, cost estimates, a Technical Report (i.e., Design Report). The Design Report shall include information required for permitting (e.g., calculations to evaluate the stability of hydrauger wing walls to resist earth and hydraulic pressures and concentrated load induced by artesian pressure; documentation of 3D steady state seepage and slope stability evaluations), recommendations for construction sequencing and construction monitoring, and for post-construction monitoring. M. Planning of Construction Logistics and Trail Management. Consultant’s construction plans and specifications shall be developed in conjunction with the construction sequencing and procurement plans (construction logistics planning). The construction logistics planning shall include staging locations (i.e., laydown areas), additional material storage locations (if separate from work and staging areas), and location of temporary access routes (including minimum required road widths). Per instructions recently provided to Consultant by the City, Consultant understands that: (i) no temporary construction easements for access or otherwise will be granted; and (ii) all access to the staging and construction sites must be on public property or right-of-way. This Task shall also include planning for temporary trail use and management during construction. The purpose of this plan is to mitigate potential conflict between trail use and construction activities. The preliminary planning will include items such as trail closure sequencing, required signage, traffic control, temporary fencing, etc. N. Post-Construction Maintenance Planning. Consultant shall prepare routine inspection and long-term maintenance plans of the landslide mitigation measures. In addition to routine measures, such as clearing of drainage swales and pipes, crack infill, etc., Consultant shall consider additional cost-savings measures, such as if Landslide movement should be reduced to target values, whether clogged A-30 01203.0006/921365.1 A-6 and/or broken hydraugers might be replaced with vertical dewatering wells which are cheaper to install and maintain. Consultant shall also prepare a post-earthquake repair plan (minor damage) to reduce the risk relative to any seismically-induced instability. Moreover, Consultant shall develop maintenance plans for key project components, including staging areas, storage areas, and access; all of which are required to ensure that landslide mitigation components can be serviced throughout the life of the project. Consultant shall also recommend the minimum width of access routes. Post construction maintenance will be closely coordinated with post-construction monitoring (see above) and will consider increased monitoring and maintenance following significant, local seismic events, and storm events that exceed 90 percent of the design capacity of drainage structures. Consultant shall consider the following assumptions: (i) no temporary construction easements for access or otherwise will be granted; and (ii) all access must be on public property or right-of-way. Include the width of access routes. O. Assistance for the City’s Public Interface. Written response to upcoming questions including the development of engineering material as needed to support the finalization of the project’s Environmental Impact Report for City approval. Visuals to facilitate City’s interaction with the public. P. Project Management. Consultant shall provide weekly project status report summarizing the prior week's activities and the upcoming week's activities. Q. Meetings. Given the nature, size, and complexity of the Project, multiple meetings and public presentations will be required. Both in-person and virtual meetings may be required. Due to the complexity of issues to be discussed, well-elaborated and supported PowerPoint presentations will be required. R. Support to Implement Interim Mitigation Measures. Upon completion of engineering evaluations, Consultant shall evaluate the results and advise the City if development and implementation of interim mitigation measures is warranted and cost effective. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City for each respective Task listed above: A. Draft and Final Design Basis Memoranda B. Draft and Final Instrumentation and Monitoring Plan C. Draft and Final Project/Mitigation Approach Support Letter D. Draft and final topographic Survey A-31 01203.0006/921365.1 A-7 E. Hydrology/Hydraulics Report, maps for environmental clearance and/or resource agencies permitting (up to 3 maps), miscellaneous design-related data pertinent to the project F. Revised 3D Seepage/Artesian Pressure Model G. 3D static slope stability analysis model and input for Design Report (Task L) that will be reviewed by an external reviewer as a part of quality control check (see Task B) H. Technical Memorandum I. Input (visuals) required by the City representatives who will negotiate design elements with resource agencies; and detailed planting plans for disturbed areas, including plant palettes, pictures and other data that might be required to facilitate approvals J. Construction drawings (cover sheet, plans and details; up to a total of 50 D-Size sheets), construction specifications that accompany construction drawings, and CQA plans for surface water improvements, crack infill, hydrauger batteries, hydrauger discharge points, discharged water temporary storage facilities, and testing of discharged water. Additional information (e.g., information for EIR support, maintenance, operations, construction logistics, etc.) will be included in the design report (see Task L). K. Technical Memoranda, as needed; detailed cost estimates; and construction cost estimate for bidding purposes. L. Final Design Report. M. Construction Logistics and Trail Management Plan N. Post Construction Maintenance Plan O. Written response to upcoming questions including the development of engineering material as needed to support the finalization of the EIR for City approval. Visuals to facilitate City’s interaction with the public. P. Weekly and periodic progress reports, meeting notes, coordination of and with sub-consultants. Q. Meeting agendas, notes, and presentation materials. R. Development of recommendations for implementation of interim mitigation measures such as crack infill design, mitigation of septic tanks, mitigation of inadequate irrigation, partial improvement of surface drainage, etc. (streamlined Construction Plans, Specifications, and CQA Plans; cost estimates; construction pre-bid and bid support; CQA oversight of construction and documentation of A-32 01203.0006/921365.1 A-8 observations; assistance for City’s public interface; and Project management and coordination. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Weekly project status report summarizing prior weeks’ activities and upcoming week’s activities. B. Periodic Progress Reports C. Meeting Notes D. Coordination of and with sub-consultants IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Neven Matasovic, PhD, PE, GE B. John Hower, PG, CEG C. Gary L. Lass, PG, CEG, CHG D. Alan Witthoeft, PE, GE E. Mark W. Vincent, PG, CEG, CHG F. Stacy Baird G. Russel Granfors, ASP H. Tim Stark, PHD, PE (subcontracted) I. Lynn Capouya (Subcontracted) J. Others as approved by the City A-33 01203.0006/921365.1 C-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in strikethrough. I. Section 1.1, Scope of Services, of the Agreement is hereby amended to read: “In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services”, as stated in the Proposal, attached hereto as “Exhibit A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest ordinary professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended For purposes of this Agreement, the phrase— “highest professional standards” shall mean those standards of practice recognized by one or more first class firms performing similar work under similar circumstances.” II. Section 1.8, Care of Work, of the Agreement is hereby amended to read: “The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work services, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work services by City, except such losses or damages as may be caused by City’s own negligence.” III. Subsection (b) of Section 2.2, Method of Compensation, of the Agreement is hereby deleted in its entirety. IV. Section 5.2(a), Proof of Insurance, of the Agreement is hereby amended to read: “Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.” A-34 01203.0006/921365.1 C-2 V. Section 6.3, Ownership of Documents, of the Agreement is hereby amended to read: “All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City upon payment to Consultant and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.” VI. Section 5.2(a), Proof of Insurance, of the Agreement is hereby amended to read: “Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City by reason of Consultant’s negligence in performing or failing to perform Consultant’s obligations under this Agreement, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s negligent acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.” A-35 01203.0006/921365.1 C-3 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: TASKS SUB-BUDGET A. Task A: Establish Design and Performance Criteria. $25,000 B. Task B: Develop Instrumentation and Monitoring Plans $25,000 C. Task C: Independent Quality Control $20,000 D. Task D: Survey $200,000 E. Task E: Revise Hydrology and Hydraulics Calculations $80,000 F. Task F: Revise, Validate and Calibrate 3D Seepage/Artesian Pressure Model $80,000 G. Task G: Revise, Validate and Calibrate 3D Slope Stability Model $90,000 H. Task H: Engineering Evaluations in Support of Response to Received and Anticipated Public Comments $50,000 I. Task I: Context Sensitive Design Support and Development of Planting and Irrigation Plans $110,000 J. Task J: Develop Construction Plans, Specifications, and CQA Plans (60%, 90%, % 100%) $375,000 K. Task K: Develop Cost Estimates $50,000 L. Task L: Design Report $65,000 M. Task M: Planning of Construction Logistics and Trail Management $25,000 N. Task N: Post-Construction Maintenance Planning $30,000 O. Task O: Assistance for the City’s Public Interface $35,000 P. Task P: project Management $65,000 Q. Task Q: Meetings $25,000 A-36 01203.0006/921365.1 C-4 R. Task R: Support to Implement Interim Mitigation Measures $110,000 II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. A-37 01203.0006/921365.1 C-5 EXHIBIT C-1 BILLING RATES PROFESSIONAL STAFF Staff Professional I……………………………………………………………….…$136.00/Hour Staff Professional II…………………………………………………………..………152.00/Hour Staff Professional III ………………………………………………………………..168.00/Hour Project Professional I……………………………………………………………...….180.00/Hour Project Professional II………………………………………………………………..200.00/Hour Project Professional III………………………………………………………………...20.00/Hour Senior Professional I……………………………………………………………….…227.00/Hour Senior Professional II………………………………………………………………...254.00/Hour Senior Professional III………………………………………………………………..265.00/Hour Principal Professional I……………………………………………………………….276.00/Hour Principal Professional II………………………………………………………………317.00/Hour Principal Professional III……………………………………………………………..330.00/Hour Court Appearance (Expert Witness, Deposition, etc.; four-hour minimum)……..2 x Hourly Rate FIELD/LABORATORY STAFF Technician I………………………………………………………………………..….105.00/Hour Technician II……………………………………….……………………………...…..114.00/Hour Technician III (or Minimum Prevailing Wage)………………..………………...……130.00/Hour Technician IV……………………………………………………………………...….152.00/Hour Laboratory Manager………………………………………………………………......173.00/Hour Principal Technician...………………………………………………………...………200.00/Hour CADD/GIS CADD/GIS/Database Manager I……………………………………………...………110.00/Hour CADD/GIS/Database Manager II……………………………………………………..132.00/Hour CADD Designer………………………………………………………...…………….150.00/Hour GIS Specialist………………………………………………………...……………….175.00/Hour SUPPORT STAFF Administrative Assistant I………………………………………………………...……95.00/Hour Administrative Assistant II………………………………………………………...…125.00/Hour Technical Editor………………………………………………………...…………….125.00/Hour Senior Technical Editor………………………………………………………...…….155. 00/Hour *Overtime Premium is 35% of PERSONNEL CHARGE EQUIPMENT CHARGES BAT Permeameter………………………………………………………...…………..200 .00/Day Compaction Testing Equipment & Supplies……………………………………………50.00/Day Peel & Shear Strength Apparatus (FML Seams)……………………………………900.00/Month Portable Laboratory (8’ x 32’ trailer) with equipment………………………………..1,200/Month Portable Laboratory (mobilization / demobilization)……………………………..………1,500.00 A-38 01203.0006/921365.1 C-6 ReMi/Refraction Seismograph………………………………………………………...600.00/Day Sealed Single Ring Infiltrometer (SSRI)……………………………200.00/Day or 750.00/Month Sealed Double Ring Infiltrometer (SDRI)…………………………………………Call for Quote Slope Inclinometer………………………………………………………...………….250.00/Day Unmanned Aerial Vehicle (Drone) Reconnaissance…………………………………130.00/Day EXPENSES Vehicle Use for Field Services………………………………………15.00/Hour or 350.00/week Soil Sampling Equipment & Drilling Supplies…………………………………………5.00/Hour Groundwater Sampling Equipment and Supplies………………………………………15.00/Hour Per Diem………………………………….…Lesser of (Cost +15%) or (Local Government Rate) Outside Services (Consultants, Surveys, Chemical lab Tests, etc.)……………………Cost + 15% Reimbursables (Maps, Photos, Permits, Expendable Supplies, etc.). ………………….Cost + 15% Outside Equipment (Drill Rig, Backhoe, Monitoring Equipment, etc.)……………….Cost + 15%  The Billing Rates set forth in this Exhibit C-1 may be increased annually upon written request by Consultant. The City shall respond to such request within ten (10) days of receipt of the request. The Consultant agrees that any adjustment to billing rates shall not exceed the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for the Los Angeles Area (CPI-LA) for the most recent calendar year. Any approved adjustment to Billing Rates shall become effective thirty (30) days after written approval by the City or as otherwise agreed upon by both Parties. A-39 01203.0006/921365.1 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all services timely in accordance with the following schedule: Deadline Date A. Task A: Establish Design and Performance Criteria. January 1, 2024 B. Task B: Develop Instrumentation and Monitoring Plans January 1, 2024 C. Task C: Independent Quality Control October 1, 2024 D. Task D: Survey March 1, 2024 E. Task E: Revise Hydrology and Hydraulics Calculations March 1, 2024 F. Task F: Revise, Validate and Calibrate 3D Seepage/Artesian Pressure Model March 1, 2024 G. Task G: Revise, Validate and Calibrate 3D Slope Stability Model April 1, 2024 H. Task H: Engineering Evaluations in Support of Response to Received and Anticipated Public Comments July 1, 2024 I. Task I: Context Sensitive Design Support and Development of Planting and Irrigation Plans August 1, 2024 J. Task J: Develop Construction Plans, Specifications, and CQA Plans (60%, 90%, % 100%) October 1, 2024 K. Task K: Develop Cost Estimates October 1, 2024 L. Task L: Design Report October 1, 2024 M. Task M: Planning of Construction Logistics and Trail Management October 1, 2024 N. Task N: Post-Construction Maintenance Planning October 1, 2024 O. Task O: Assistance for the City’s Public Interface October 1, 2024 P. Task P: project Management October 1, 2024 Q. Task Q: Meetings October 1, 2024 A-40 01203.0006/921365.1 D-2 R. Task R: Support to Implement Interim Mitigation Measures October 1, 2025 II. Consultant shall deliver the following tangible work products to the City in connection with the Tasks by the corresponding dates listed above. A. Draft and Final Design Basis Memoranda B. Draft and Final Instrumentation and Monitoring Plan C. Draft and Final Project/Mitigation Approach Support Letter D. Draft and final topographic Survey E. Hydrology/Hydraulics Report, maps for environmental clearance and/or resource agencies permitting (up to 3 maps), miscellaneous design-related data pertinent to the project F. Revised 3D Seepage/Artesian Pressure Model for Sizing of Hydraugers G. 3D static slope stability analysis model and input for Design Report (Task 12) that will be reviewed by an external reviewer as a part of quality control check (see Task 2) H. Technical Memorandum I. Input (visuals) required by the City representatives who will negotiate design elements with resource agencies; and detailed planting plans for disturbed areas, including plant palettes, pictures and other data that might be required to facilitate approvals J. Construction drawings (cover sheet, plans and details; up to a total of 50 D-Size sheets), construction specifications that accompany construction drawings, and CQA plans for surface water improvements, crack infill, hydrauger batteries, hydrauger discharge points, discharged water temporary storage facilities, and testing of discharged water. Additional information (e.g., information for EIR support, maintenance, operations, construction logistics, etc.) will be included in the design report (see Task 12). K. Technical Memoranda, as needed; detailed cost estimates; and construction cost estimate for bidding purposes. L. Final Design Report. M. Construction Logistics and Trail Management Plan N. Post Construction Maintenance Plan A-41 01203.0006/921365.1 D-3 O. Written response to upcoming questions including the development of engineering material as needed to support the finalization of the EIR for City approval. Visuals to facilitate City’s interaction with the public. P. Weekly and periodic progress reports, meeting notes, coordination of and with sub-consultants. Q. Meeting agendas, notes, and presentation materials. R. Development of recommendations for implementation of interim mitigation measures such as crack infill design, mitigation of septic tanks, mitigation of inadequate irrigation, partial improvement of surface drainage, etc. (streamlined Construction Plans, Specifications, and CQA Plans; cost estimates; construction pre-bid and bid support; CQA oversight of construction and documentation of observations; assistance for City’s public interface; and Project management and coordination. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval. A-42 3150 Bristol Street, Suite 210 • Costa Mesa, CA 92626 • T 714.465-8240 • www.geo-logic.com September 5, 2023 GLA Proposal No. SO23.1126.PR City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Attention: Mr. Ramzi Awwad Public Works Director Department of Public Works City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Technical Proposal Final Design Scope of Services and Engineering Support for the DEIR Elements 8304 Portuguese Bend Landslide Remediation Project Dear Mr. Awwad: Geo-Logic Associates, Inc. (GLA) is pleased to submit this proposal and attached estimated cost to provide the City of Rancho Palos Verdes (City) with final plans, technical specifications, reports, and estimates for mitigation of the Portuguese Bend Landslide (PBL) that account for comments received from multiple parties on the Draft Environmental Impact Report (DEIR) and include guidance for operation and maintenance of the mitigated landslide. The final plans will be developed for project components as defined in this proposal, and will include construction drawings, construction details, technical specifications, and supporting reports and memoranda. In particular, the final plans will contain information for improvement of landsliding-induced damage (cracks) within the Palos Verdes Nature Preserve (Preserve; https://www.rpvca.gov/998/Palos-Verdes-Nature-Preserve), surface water management facilities, and for construction, operation, and discharge from hydrauger batteries, including alignments, access, requirements for testing of discharged water, and options for beneficial use of discharged water. Scope and cost estimates for related engineering support during construction, construction supervision (construction quality assurance monitoring), and multiple subcontracted services (e.g., topographic, and other surveys) are also included in this proposal. An optional task to provide support for implementation of interim mitigation measures, if any implemented, is outlined at the end of the Proposed Scope of Services section of this proposal. A-43 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 2 September 5, 2023 GLA has provided PBL-related professional geotechnical consulting services to the City since 2016, and has developed preliminary mitigation plans, technical specifications, and tentative estimate for mitigation of the Portuguese Bend Landslide. In the process, GLA has developed a keen awareness of the City’s and local needs, as well as state and local standards and procedures. Services rendered by GLA will be in accordance with this technical proposal and the attached schedule of fees. Relative to this proposal, contact information for the firm is as follows: Firm Name: Geo-Logic Associates, Inc. Address: 3150 Bristol Street, Suite 210, Costa Mesa, California 92626 Telephone: 714.465.8240 The point-of-contact who is authorized to represent this firm and who will provide project coordination and management on this contract is: Neven Matasovic, PhD, PE, GE Principal II and Project Manager Telephone: 714.465.8240 E-mail: nmatasovic@geo-logic.com I believe that GLA has the right team, resources, and experience to partner with the City on this high profile and important project. Should you have any questions, please feel free to contact Dr. Matasovic or myself. Sincerely, Geo-Logic Associates, Inc. John M. Hower, PG, CEG Senior Vice President A-44 PROPOSAL Portuguese Bend Landslide Mitigation Final Design Proposal No. SO23.1126.PR Prepared for: City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Prepared by: Geo-Logic Associates, Inc. 3150 Bristol Street, Suite 210 Costa Mesa, California 92626 www.geo-logic.com September 5, 2023 A-45 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 1 September 5, 2023 Technical Proposal Final Design Scope of Services and Engineering Support for the DEIR Elements 8304 Portuguese Bend Landslide Remediation Project TABLE OF CONTENTS INTRODUCTION AND SUMMARY OF PROPOSAL CONTENTS ......................................................... 3 General ................................................................................................................... 3 Purpose ................................................................................................................... 3 PROPOSED SCOPE OF SERVICES .................................................................................................... 6 Background ................................................................................................................... 6 Project Understanding .......................................................................................................... 7 Task 1 - Establish Design and Performance Criteria ............................................................... 8 Task 2 - Develop Instrumentation and Monitoring Plans ....................................................... 9 Task 3 – Independent Quality Control (Subcontractor) ........................................................ 10 Task 4 - Survey (Subcontractor) ........................................................................................... 10 Task 5 – Revise Hydrology and Hydraulics Calculations ....................................................... 12 Task 6 - Revise, Validate, and Calibrate 3D Seepage/Artesian Pressure Model ................... 13 Task 7 - Revise, Validate, and Calibrate 3D Slope Stability Model ........................................ 14 Task 8 – Engineering Evaluations in Support of Response to Received and Anticipated Public Comments ................................................................................................................ 14 Task 9 - Context Sensitive Design Support and Development of Planting and Irrigation Plans (Subcontractor) ........................................................................................................ 15 Task 10 - Develop Construction Plans, Specifications, and CQA Plans (60%, 90%, & 100%) . 16 Task 11 – Develop Cost Estimates ........................................................................................ 18 Task 12 - Design Report ....................................................................................................... 18 Task 13 - Pre-Bid and Bid Support ........................................................................................ 19 Task 14 – Planning of Construction Logistics and Trail Management ................................... 19 Task 15 - Construction Quality Assurance ............................................................................ 19 A-46 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 2 September 5, 2023 Task 16 – Cost Reduction Evaluation Program ..................................................................... 20 Task 17 - Post-Construction Maintenance Planning ............................................................. 21 Task 18 - Assistance for City’s Public Interface ..................................................................... 21 Task 19 - Project Management ............................................................................................ 22 Task 20 - Meetings ............................................................................................................... 23 Task 21 - Support to Implement Interim Mitigation Measures ............................................ 23 Optional Task – Supplemental Investigations, Measurements, and Assessments ............... 24 GLA PROJECT TEAM .................................................................................................................... 24 ESTIMATED SCHEDULE ................................................................................................................ 26 ESTIMATED COST ........................................................................................................................ 26 DATA/INFORMATION REQUEST .................................................................................................. 27 CLOSURE ..................................................................................................................................... 28 LIST OF APPENDICES Appendix A - Organizational Chart and Summary of Personnel Qualifications Appendix B - Resumes of Key Personnel Appendix C - Estimated Project Schedule Appendix D - Cost Estimate Table Appendix E - GLA 2023 Schedule of Fees A-47 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 3 September 5, 2023 INTRODUCTION AND SUMMARY OF PROPOSAL CONTENTS General Geo-Logic Associates, Inc. (GLA) is pleased to submit this proposal to develop and provide the City of Rancho Palos Verdes (City) with final plans (construction drawings with construction details), technical specifications, reports, and estimates for mitigation of the Portuguese Bend Landslide (PBL). This material is further referred to as the Design Package. The Design Package will account for comments received from multiple parties on the Draft Environmental Impact Report (DEIR), will accommodate project constraints imposed during the DEIR phase of the project, and will include information for improvement of surface water management and for construction, operation, and discharge of water from hydrauger batteries (hydrauger batteries are starting locations for a fan-like arrangement of hydraugers). Hydrauger alignments will be provided and testing of discharged groundwater prior to release will be considered. Purpose The purpose of the Design Package is severalfold. In addition to construction drawings (including design details), technical specifications, and cost estimates, it will contain a Technical Report (i.e., Design Report) that will include information required but not limited to permitting, construction sequencing and monitoring, for post-construction monitoring, and for system maintenance and operation. In particular, the Design Package will: (i) address outstanding engineering issues, as brought up during the environmental clearance process (i.e., issues preventing the City to finalize and obtain approval of the Final DEIR); and (ii) provide information for the City and its Program Manager to permit, bid, award, and construct the proposed improvements. The current rate of movement within the PBL is, locally, up to 16 ft/yr (measured parallel to the PBL surface). Approximately one year after completion and operation of proposed site improvements, the design team anticipates that the current rate of movement will be significantly reduced. The actual percentage of reduction is difficult to precisely estimate at this point, but design effort supported by value engineering will be targeted to achieve overall reduction in movement will be within the areas of major concern, such as forced main sewer line along the Palos Verdes Drive South (PVDS). In particular, along the most affected sections of the PVDS, present rate of movement reduction of up to 90% will be targeted and expected. The overall target, post improvement annual movement rate across the site is approximately 2 inches, with temporal and special variations expected. A-48 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 4 September 5, 2023 The information contained in the Design Package is planned to: 1. Allow for the revision and completion of the DEIR; 2. Provide supporting information for environmental and resource agencies permitting; 3. Provide information for construction planning and sequencing; 4. Provide information for procurement (pre-bid and bid services, including response to bidder’s questions and evaluation of bids); 5. Provide construction management support (provide support to the City and its Program Manager during construction; allow for Design Support During Construction); 6. Implement Construction Quality Assurance (CQA), including continuous hydrauger construction oversight, responding to contractor’s requests for information (RFIs), development of as-built information, and coordination with involved parties; 7. Implement construction monitoring by design engineers, as needed, and as requested by the City; 8. Allow the staged implementation of mitigation measures. For example, hydraugers at the head of the landslide will be installed first (these hydraugers are planned to intercept groundwater flow which causes artesian pressure at the toe). Bottom hydraugers will be installed second (these bottom hydraugers are planned to relieve residual artesian pressure). Other project improvements (e.g., crack infill) will be conducted independently to accommodate environmental requirements (e.g., nesting season) and/or inclement weather conditions; 9. Allow for value engineering (standard term in geotechnical engineering practice; refers to 3D model-assisted design changes to account for conditions accounted for during construction); 10. Support continuous operation of hydraugers, including system maintenance, recovery and testing of extracted groundwater, beneficial use of discharged groundwater, requirements for discharge of excess groundwater, and documentation of construction monitoring; 11. Support interpretation of landslide movement monitoring results; 12. Implement corrective measures as needed (estimate success of implemented measures); 13. Provide post-construction fine-tuning of the (hydrauger) system; maintenance and operations (see value engineering above); 14. Allow for development of emergency response guidelines, i.e., emergency response procedural manual (if needed); A-49 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 5 September 5, 2023 15. Allow for development of detailed site logistics plan showing access, laydown (staging) areas, location of temporary roads, groundwater storage and testing facilities, maintenance and operations facilities, and fire suppression facilities; and 16. Allow for development of safety improvements, and present other information that may be required to construct, maintain and operate the proposed site improvements. The construction drawings, technical specifications, technical reports and memoranda, and cost estimates will be included as appendices to the design report. The design report will be signed and sealed by a Geotechnical Engineer registered in the state of California. A-50 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 6 September 5, 2023 PROPOSED SCOPE OF SERVICES Background The PBL mitigation project was initiated in 2018 with a feasibility study (FS). The preliminary (i.e., conceptual) mitigation design (i.e., “proof-of-concept”) was completed in 2019. Both the FS and the preliminary mitigation design were completed solely based upon geological, hydrogeological, and geotechnical information available from previous site-specific studies. GLA also reviewed past attempts to stabilize the PBL (e.g., installation of piers at the toe of the landslide by US Army Corps of Engineers (USACE) and installation of vertical wells that were sheared-off by movement of the landslide). GLA also reviewed past and current mitigation measures implemented at much smaller, shallower, and relatively slow-moving landslides in the vicinity, including the Abalone Cove and White Point landslides. The FS was widely circulated, and internally and externally peer reviewed. The FS showed that: 1. The basal failure surface that formed over an extended period of time is an effective hydraulic barrier (effective to a point to allow artesian pressure to develop); 2. The predominant cause of landsliding within PBL is artesian pressure that acts on the basal failure surface at the toe of the slide; 3. The main contributor to the development of artesian pressure is infiltration from ravines that are at higher elevations outside of the City property; 4. Due to project constraints, ravines outside of the city property cannot be lined and/or backfilled. Therefore, mitigation of surface infiltration through ravines and cracks currently present outside of the boundaries of the Preserve is not part of this project; 5. Coastal erosion (i.e., erosion at the toe of the slide) is another contributor to sliding that cannot be eliminated; 6. Seepage within the PBL sliding mass caused by infiltration of surface water through onsite cracks, onsite ravines, and infiltration caused by irrigation, and through influx from leaky septic systems, are secondary sources of instability; and 7. The PBL is broken into six distinct blocks, with relative movements causally affected (to highlight this geologic structure, the PBL is sometimes referred to as the PBL Complex, or PBLC). Consistent with the findings of the FS, the preliminary design called for landslide mitigation (i.e., significant reduction in landslide movement) by: (i) reduction in groundwater flow that is A-51 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 7 September 5, 2023 the source of artesian pressure; (ii) relief of residual artesian pressure at the toe of the slide; (iii) infilling of cracks and improvement of surface drainage to minimize seepage into the landslide mass. The first two items will be mitigated by installation of horizontal/directional drains generally outside of the landslide footprint and below the basal failure surface (so they do not get sheared off as the slide moves). During the preliminary stage of this project, the location, direction (orientation in space), and size (length and diameter) of hydraugers were based upon the results of detailed engineering calculations. These calculations entailed development of three-dimensional (3D) seepage and slope stability models that encompassed a broader area of PBL. Prior to construction, the modeling results will be confirmed by advancement of temporary (vertical) wells installed to the calculated depth of the basal failure surface, which is approximately 150 to 200 feet below the existing ground surface (varies with location). The environmental clearance has started, and the public comment period was completed in 2023 (Draft EIR; DEIR). The conceptual design was significantly modified during the process as follows: (i) the improvement area was reduced by approximately 30% (it is now restricted to City property or right-of-way); (ii) one of six hydrauger batteries was deleted; (iii) two hydrauger batteries were relocated to less favorable locations; and (iv) hydrauger lengths were significantly reduced, i.e., adjusted to allow hydraugers to terminate within the City-owned property. The effectiveness of above listed adjustments require further evaluation by means of 3D engineering calculations. These calculations and documentation thereof are part of the proposed scope as explained in the balance of this proposal. Project Understanding As outlined in the “Purpose” section of this proposal, GLA understands that the City wishes to develop the Design Package for long-term mitigation of the PBL. The Design Package should be based upon the information gathered during the preliminary design stage of the project, should address the comments voiced during the environmental clearance process, and should include enough information to allow for permitting, bidding, construction, value engineering, operation, and maintenance of active and other mitigation systems at the site. The design engineer should also, on an as-needed basis, assist the City in resolving public questions and comments, help prepare or review grant applications, and support regulatory agency interaction. Accordingly, we propose the following scope of services. A-52 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 8 September 5, 2023 Task 1 - Establish Design and Performance Criteria The mitigation design for the PBL is based upon the principles of modern, performance-based design. The following design and performance criteria are required and will be established at the onset of this project:  Establish design storm (for surface water calculations/improvements design);  Quantify the expected mitigation outcome. Set landslide displacement reduction targets for each of six blocks within the PBL complex;  Establish minimum water quality standards (for irrigation, fire suppression, release into ocean, and possible release into sewer);  Develop a list of materials acceptable to the public (e.g., can high-density polyethylene geocells be used for erosion control, can geogrids be used to increase bearing capacity underneath temporary groundwater storage tanks, use of riprap, stained and/or stamped concrete, etc.);  Establish “success metrics” for hydraugers (volume and pressure for hydraugers installed to relieve artesian pressure and volume for hydraugers installed to minimize buildup of artesian pressure at the toe);  Establish “set success metrics” for swales and temporary detention basin (i.e., flow reduction area; an attempt will be made to design without this improvement component);  Establish “success metrics” for landsliding-induced fissures (how much infilling should be required upon completion of the landslide mitigation project); and  Estimate the relative contribution of each mitigation component on landslide movement (to be confirmed by numerical modeling; see Tasks 6-8). Some of the above-listed design and performance criteria are regulation driven, some will be established by consensus (e.g., establish the design storm and target post-mitigation rate of landslide movement) and some will be further confirmed during the design stage of the project using numerical modeling (e.g., estimates for the relative contribution of project elements such as septic tanks, cracks, seepage within landslide mass and artesian pressure). The criteria and the assessment effort (procedures) will be documented in a Design Basis Memorandum (DBM) for the project. The DBM will be circulated among parties involved and will be revised to accommodate additional comments. The DBM may also be used in support of A-53 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 9 September 5, 2023 permitting. Following broader concurrence and acceptance, the (revised) DBM will serve as a basis for the final design. Deliverable: Draft and final Design Basis Memoranda. Task 2 - Develop Instrumentation and Monitoring Plans As part of this project GLA proposes to develop: (i) mitigation-specific instrumentation plan; (ii) construction monitoring plan; and (iii) post-construction monitoring plan. These three plans will serve as an integral part of the design package. Upon completion, the plans will be submitted to the City in draft and final forms. Effort will be coordinated with the current landslide monitoring program currently being conducted by the City. The purpose of the mitigation-specific instrumentation and subsequent construction and post- construction monitoring is to: (i) confirm modeling/design assumptions and, if required, revise these assumptions per field conditions encountered during the initial stages of construction (e.g., for confirming groundwater table and the basal failure surface elevations and/or to measure artesian pressure encountered in vertical boreholes advanced prior to the installation of hydraugers, etc.); (ii) establish a set of “baseline” conditions to evaluate the success of the mitigation measures (e.g., artesian pressure and relative displacement prior and after the implementation of remedial measures); (iii) estimate volume and quality of groundwater that will be released from the bottom hydraugers (estimate from measured artesian pressure; size the groundwater temporary storage, transfer, and discharge facilities based upon that information; estimate number and frequency of groundwater quality tests) and (iv) monitor the success of the implementation of mitigation measures during and upon completion of the implementation of the mitigation measures. Note: Monitoring locations (i.e., locations of temporary vertical boreholes) will be identified based upon the results of engineering evaluations (Tasks 6 and 7), and will be confirmed in the field (access, biological clearance, etc.; see balance of this proposal). Borehole locations require GPS survey immediately prior to and after construction. The boreholes within the zone of rapid movement require survey with portable in-hole inclinometers immediately after construction (drilling). These in-hole inclinometer surveys are required to confirm the location of the basal failure surface. Boreholes within the area affected by artesian pressure require installation of temporary standpipe piezometers and/or vibrating wire piezometers. A-54 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 10 September 5, 2023 The Monitoring program will be first reviewed by a specialty third-party reviewer (see Task 3) for technical soundness and internal consistency. The City should then review the Monitoring program for compatibility with the monitoring program conducted by the City. Deliverable: Draft and Final Instrumentation and Monitoring Plan – to be integrated with the City’s current Landslide Monitoring Program. Task 3 – Independent Quality Control (Subcontractor) Given the size of the landsliding, the severity of movement and potential impact on the community and surrounding areas, and the complexity of simulating all of that by numerical modeling in order to develop and implement mitigation measures, GLA proposes a third-party technical reviewer who specializes in computational geotechnics and has significant experience with development and implementation of landslide mitigation measures. In addition to high- level technical review, he will provide counsel to the team on an as-needed basis. For this Task, GLA proposes Professor Timothy (Tim) Stark (link to his university web page is: https://cee.illinois.edu/directory/profile/tstark). Professor Stark is a nationally recognized expert in computational geotechnics and landslide mitigation, is licensed as a Professional Engineer (PE) in the state of California, and is well acquainted with the PBL and the findings of the FS and other related studies. This specialty technical review (i.e., quality control) and associated counsel to GLA will be in addition to review that will be provided by the City (i.e., the quality assurance review) of design elements for conformance with project requirements and constructability. Deliverable: Draft and final project/ mitigation approach support letter. Task 4 - Survey (Subcontractor) The preliminary design package was developed using topography, trail maps, storm drain pipe locations, and other information provided by the City (digital information dated 2019 or earlier). Due to ongoing land movement, the site topography, locations of existing improvements, fissures, and functional status of storm drainpipes may have changed significantly since the preliminary design stage. An updated survey is required to complete the design and the above outlined instrumentation and monitoring plans. A-55 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 11 September 5, 2023 GLA proposes to retain a subcontractor (surveyor) to perform a survey within the PBL footprint. This survey is planned in two phases as follows: Phase I Survey (Survey in Support of Design): Perform site topographic survey under the supervision of a California-registered Land Surveyor, which encompasses the entire PBL and adjacent areas that will be used for access and staging (i.e., do not survey just area owned by the City and/or operated by the Preserve). This effort will result in a current topographic map. This map will be based upon project-specific aerial survey enhanced by onsite measurements to produce detailed information about alignments of existing trails, roads traversing the site, and site drainage and other infrastructure. Phase I surveying effort will be commissioned (subcontractor) shortly after issuance of a formal notice to proceed. Phase II Survey (Survey in Support of Construction): 1. Immediately before the construction bidding process, survey: (i) landsliding-induced cracks (length, width, and depth); and (ii) damage to visible site improvements (e.g., dislocated pipes); 2. Develop Contractor’s assignments for providing surveying support during construction. Contractor will survey vertical boreholes immediately upon installation, and after logging with portable inclinometers becomes infeasible; survey hydrauger locations as established and confirmed, develop as-built information (e.g., for hydrauger wing walls, drainage pipes and swales, etc.); and 3. Select points on the initiation points of newly Installed hydraugers will be established as benchmarks by GLA. These benchmarks will require the initial GPS survey and, depending on the frequency of the survey conducted by the City, supplemental survey(s). Surveys will be coordinated with the City and relevant information will be included in the Instrumentation and Monitoring Plans (see Task 2). The survey assignment will be developed by a California-registered Geotechnical engineer and the survey will be performed under the supervision of a California-registered Land Surveyor. Deliverables: Phase I: (i) draft and final topographic survey (maps) required to design the proposed improvements, including drainage swales and pipes, trails, retention areas (if any), A-56 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 12 September 5, 2023 hydrauger wing walls, staging areas, etc.; Phase IIa a survey of field conditions to allow for development of bid package for fissures in-filling; and Phase IIb provide surveying support during and immediately after the construction (this will be a separate, future proposal to the City). Task 5 – Revise Hydrology and Hydraulics Calculations Using the updated topographic information for the site (see Task 4), GLA will update the watershed information and perform relevant hydrology and hydraulics calculations. Hydrology and hydraulics calculations will include: (i) development of a watershed maps; and (ii) evaluation of surface water flow in a 100-year storm event (or other storm event, as established in the final DBM; see Task 1); and (iii) simulation of a hypothetical event that exceeds a 100-yr storm (see last Task 1). The hydrology/hydraulics team will interact with the native habitat restoration and planting and irrigation teams (see Tasks 9 and 10) prior to performing hydraulics calculations (i.e., to assess Manning coefficients/model input parameters representative of various existing and proposed/ considered conditions at the site). Assignments will include sizing of the proposed drainage swales, “flow reduction area,” (if required; may be eliminated during the final design stage), and pipe(s) under the Palos Verdes Drive South (PVDS) in a design storm event. In response to the public comment, special attention will be devoted to the presentation of the results. In particular, for the affected area, GLA will develop a map of the surface water sheet flow with indicated drainage system inlets. If results of hydrology and hydraulic calculations show that a temporary detention basin (i.e., “flow reduction area”) is required, flow into the basin will be explained and presented. Estimated temporary detention basin drainage times (for up to three berm height/ detention area size scenarios considered) will be evaluated and tabulated. This will allow the team to develop a Design Package (see Task 10) that will explicitly address EIR comments regarding surface drainage improvements, pipe under PVDS, swales, and other hydrology/hydraulics information needed to facilitate the approval of the EIR and the preparation of the final engineering and construction conditions of the project. Deliverables: 1. Hydrology/Hydraulics Report – including information for a design storm, flow maps, swales design vs piping design scenarios, pipe sizing/ protection or replacement at A-57 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 13 September 5, 2023 PVDS, flow reduction area elimination or sizing, and watershed areas. 2. Maps required for facilitation of environmental clearance and/or for resource agencies permitting (up to 3 maps). 3. Miscellaneous design-related data pertinent to the project (e.g., for erosion control, irrigation, etc.). Task 6 - Revise, Validate, and Calibrate 3D Seepage/Artesian Pressure Model During predesign studies, GLA developed a preliminary three-dimensional (3D) seepage/artesian pressure model of the site. The model was developed based upon the 2019 topographic information, has included only necessary inputs and details, as required for a proof-of-concept evaluations. The preliminary 3D model was validated and calibrated based upon information about historic groundwater elevations available at the time (mostly information from past reports related to observed occurrence of artesian pressure during drilling). The results of calculations with this preliminary 3D model served as an input into the preliminary 3D slope stability/ hydrauger design/layout model. Given the change in topographic information relative to the 2019 topographic survey (i.e., topographic changes relative to the 2019 base mapping) and movement of improvements, change in the project area (reduced by over 30% following the preliminary environmental clearance), elimination of one hydrauger battery and relocation of three others, occurrence and widening of cracks from 2019 to 2023, including those related to 2023 wet season and, and public requests to include additional elements in the model (e.g., infiltration from “leaky” septic systems and from irrigation), a significant revision of this 3D seepage model is required. The updated and expanded 3D model will allow our Team to properly address and quantify requests from the public. These include requests to: (i) assess the impact of individual project elements on the mitigation design (e.g., of septic tanks, infiltration through cracks, steady state seepage within landslide mass, artesian pressure at the toe of the landslide, and of individual hydrauger batteries); and (ii) to estimate the amount of water coming from each hydrauger (Note: this final design 3D model, in addition to revision of the preliminary model, also requires inclusion of additional modeling elements listed above). Deliverable: A 3D seepage/artesian pressure model for sizing of hydraugers; serves as input into stability evaluations; renderings will facilitate visual presentation to City and Stakeholders. A-58 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 14 September 5, 2023 Task 7 - Revise, Validate, and Calibrate 3D Slope Stability Model To provide an engineering basis for final design of the hydrauger system, GLA will revise its 3D slope stability model of the PBL. Updated elements will include: (i) updated site topographic information; (ii) updated seepage information (see discussion above; Task 6); and (iii) hydrauger information (with respect to preliminary design, as part of environmental clearance, one hydrauger battery was eliminated, three were relocated, and lengths of virtually all remaining hydraugers shown in preliminary plans were reduced to extend only within City property or rights-of-way). The 3D slope stability model will be used to: (i) design the upper hydrauger batteries (upper hydraugers will be designed to eliminate the source of groundwater that induces artesian pressure at the toe of PBL); (ii) design lower hydrauger batteries (lower hydraugers will be designed to relieve residual artesian pressure at the toe of PBL); (iii) design groundwater collection, conveyance and release systems (groundwater volume will be estimated from results of 3D seepage analysis; see Task 6); (iv) fine-tune/optimize both upper and lower hydrauger system(s) (actual groundwater flow data will become available soon after the first hydrauger of the battery is installed; this information will be used for validation of model assumptions, model calibration, and ultimately to choose locations of subsequent hydraugers within a given battery); (v) for periodic assessment of the success of the landslide mitigation measures; and (vi) future improvements/fine-tuning of the hydrauger system (if required). The design elements that will be reported will include: (i) number of hydrauger batteries; (ii) length, diameter, and orientation of hydraugers within batteries; and (iii) likely water discharge volume per hydrauger (i.e., per hydrauger battery). GLA will also provide an assessment of the impact (i.e., success) of mitigation measures upon implementation (estimate landslide movement upon implementation of mitigation measures). Deliverables: (i) A 3D static slope stability analysis model; renderings will facilitate visual presentation to City and Stakeholders (ii) input for Design Report (Task 12) that will be reviewed by an external reviewer as a part of quality control check (see Task 2). Task 8 – Engineering Evaluations in Support of Response to Received and Anticipated Public Comments Supplemental evaluations, some of which are outlined above (Tasks 6 and 7), will be performed A-59 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 15 September 5, 2023 to address both: (i) already received public comments; and (i) anticipated public comments, i.e., public comments that will be raised during the 90% design period and beyond. Questions and comments received so far that cannot be evaluated by re-running the preliminary 3D models include: (i) evaluate the efficiency of the final hydrauger with respect to the originally (i.e., 2019) proof-of-concept system (i.e., what are the effects of relocation, elimination, and/or length adjustment with respect to originally designed hydrauger system) on expected landslide movement; (ii) assess the relative contribution of other project elements on landslide movement (i.e., of infiltration through leaking septic tanks, infiltration through cracks, steady state seepage within landslide mass, artesian pressure at the toe of the landslide, and coastal erosion at the toe of the landslide); (iii) evaluate the impact of individual hydrauger batteries on landslide movement; (iv) evaluate the effect of surface water loading (i.e., weight) in the “flow reduction area” on landslide stability; (v) evaluate the need for a flow reduction area; (vi) outline the maintenance and operations requirements within the flow reduction area; (vii) investigate the replacement of the flow reduction area with larger pipe(s) under PVDS or at other locations, and (viii) evaluate the effects of heavy equipment (i.e., construction) loading on landslide stability. Most of the analyses that will be performed as a part of this Task are not relevant for actual design, are typically not documented in design reports, and if included in the design report would make its review more cumbersome and difficult. Therefore, assumptions, analyses, results, and findings of these analyses will be documented separately and used on an as-needed basis (see Task 18). Deliverable: Technical Memorandum. Task 9 - Context Sensitive Design Support and Development of Planting and Irrigation Plans (Subcontractor) GLA will retain the services of landscape architect to support the pre-design and design stages of the project. Services will be subcontracted to Lynn Capouya, Inc. (LCI); please see LCI web page at https://lcapouya.com/. The scope of services for LCI will be developed in detail and then refined throughout the completion of Tasks 1-9 because the application of landscaping and the design of the irrigation systems will not be fully known until completion of those tasks. The scope of services will consider public comments received so far, and public comments received by the time the A-60 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 16 September 5, 2023 assignment is completed. GLA anticipates that the assignment will include the following tasks: (i) evaluate a possibility to meander drainage swales (this is required to reduce surface water flow velocity and thus allow for vegetation of swales with native vegetation / avoidance of other erosion control measures that public opposes); and (ii) assist with developing visually-pleasing auxiliary structures, such as hydrauger battery wing walls and facilities for conveyance and temporary storage of groundwater recovered from piezometers and hydraugers excess groundwater. Should construction of temporary detention basin(s) be required, this subcontractor will review preliminary design and modify it to blend into nature. This subcontractor will also provide input (i.e., graphics, renderings, and other visuals) required by the City representatives who will negotiate design elements with resource agencies. This input will be on as-needed basis, with up to seven iterations expected. The subcontractor will also be asked to identify beneficial uses of collected surface water and/or of discharged groundwater (e.g., use of water for fire suppression, dust control during construction, and/or for irrigation). Our team’s landscaping subcontractor, LCI, will work with the Land Conservancy and the City ‘s Program Manager to provide evidence that the proposed plantings would be viable, and in compliance with the City/Conservancy mutual agreeable planting palettes, including plant establishment period. The landscaping plan will address the possibility of using native vegetation to serve the same purpose as geosynthetic stabilization alternatives. The landscaping plan will also address the possible use of the drainage swales as recreational trails, including the impact of recreational use on the degradation of geosynthetic elements of the swale and the long-term performance of the swales. Deliverables: (i) Input (visuals) required by the City representatives who will negotiate design elements with resource agencies; and (ii) Detailed planting plans for disturbed areas, including plant palettes, pictures and other data that might be required to facilitate approvals. Task 10 - Develop Construction Plans, Specifications, and CQA Plans (60%, 90%, & 100%) After updating design calculations, completing calculations required for detailed design (e.g., designing hydrauger wing walls that are required to resist soil, water, and artesian pressure during construction and for extended period following the construction; checking bearing A-61 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 17 September 5, 2023 capacity of soils beneath temporary groundwater storage tanks, checking stability of local slopes [if tanks are placed next to slopes steeper than 3H:1V], and checking for settlement of soils beneath excess groundwater storage tanks, PVDS drainage pipe(s) crushing calculations, etc.), addressing comments from external specialty technical peer reviewer on the calculation assumptions and calculation results and their interpretation (see Task 3), GLA will work with hydrauger installation contractors, drilling contractors (for installation of temporary piezometers and/or temporary inclinometers that precede installation of hydraugers), landscape architects, planting/irrigation specialists, and environmental engineers to advance the design drawings to a 60% level. Special attention will be devoted to the development of design details. Development of design details will include multiple site visits (e.g., to assess access and/or to evaluate transitions of the ends of the canyons into the surface drainage system). If meandering of drainage swales could not be implemented, swales will be lined with planting-friendly product, as identified by subcontractor, and accepted by the team). Following the implementation of comments on the 60% drawings/details (up to two rounds of comments), GLA will advance the drawing set to 90% level and develop Technical Specifications and CQA Plans. The final set of drawings, Technical Specifications, and CQA Plans will be developed following the 90% design comment period. The final plan set, including construction drawings, construction details, Technical Specifications, and CQA Plans will be attached to a Design Report. Following up to two rounds of comments on 90% design drawings, GLA will prepare a complete set of Construction Documents (100%) and provide pre-bid and bid support. This will be completed in two phases. Phase I – Complete Plans, Specifications, and Estimates (PS&E). This will be a set of documents that describe the design, construction, and cost of a project. The PS&E will be prepared by a team of engineers, geologists, landscape architects (subcontracted), and other professionals. The plans in the PS&E document will be drawings that show the layout of the project. The specifications will provide descriptions of the materials, methods, and quality standards that will be used in the construction. The estimates are the costs of the materials, labor, and other expenses associated with the project that will be developed and prepared as a part of Task 11. The PS&E is an important document for both the City and the contractor. The City will use the A-62 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 18 September 5, 2023 PS&E to approve the project and to monitor the contractor's progress. The contractor will use the PS&E to bid on the project and to plan the construction. Phase II – Provide Pre-Bid and Bid support. This task has been developed, explained and estimated separately, i.e., as Task 13. GLA notes that environmental and other permitting may last for an extended period, may require development of Addenda in response to agency comments, and hence development and monitoring of this pre-bid and bid support relative to 60, 90 and 100% design is warranted. Deliverables: Construction drawings (cover sheet, plans and details; up to a total of 50 D-Size sheets), construction specifications that accompany construction drawings, and CQA plans for surface water improvements, crack infill, hydrauger batteries, hydrauger discharge points, discharged water temporary storage facilities, and testing of discharged water. Additional information (e.g., information for EIR support, maintenance, operations, construction logistics, etc.) will be included in the design report (see Task 12). Task 11 – Develop Cost Estimates GLA will prepare tentative cost estimates for project elements outlined/explained above, including but not limited to surface water improvements, crack infills, installation of temporary piezometers and subsequent hydrauger batteries, management of discharge water, and other elements encompassed by the final set of drawings and Technical Specifications. Deliverables: (i) Technical Memoranda, as needed; (ii) Detailed cost estimates; and (iii) construction cost estimate for bidding purposes. Task 12 - Design Report The Design Package will, in addition to construction drawings (including construction details), technical specifications, contract special provisions, cost estimates, contain a Technical Report (i.e., Design Report). The Design Report will include information required for permitting (e.g., calculations to evaluate the stability of hydrauger wing walls to resist earth and hydraulic pressures and concentrated load induced by artesian pressure; documentation of 3D steady state seepage and slope stability evaluations), recommendations for construction sequencing and construction monitoring, and for post-construction monitoring. A-63 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 19 September 5, 2023 Deliverable: Final Design Report (with multiple attachments). Task 13 - Pre-Bid and Bid Support GLA will provide pre-bid (develop bid packages; attend meetings and answer bidders’ questions) and bid (help with evaluation of bids/ selection of most qualified and cost-effective subcontractors) support. Depending upon the hydrauger installation technology the successful bidder uses (e.g., if he can first advance a small-diameter pilot hole, then ream it to the design specifications), revisions to the design package might be required. Deliverables: (i) Answers to Contractors’ Questions and RFI’s. (ii) issue addenda as needed. Task 14 – Planning of Construction Logistics and Trail Management GLA’s construction plans and specifications will be developed in conjunction with the construction sequencing and procurement plans (construction logistics planning). The construction logistics planning will include staging locations (i.e., laydown areas), additional material storage locations (if separate from work and staging areas), and location of temporary access routes (including minimum required road widths). Per instructions recently provided to GLA by the City, GLA understands that: (i) no temporary construction easements for access or otherwise will be granted; and (ii) all access to the staging and construction sites must be on public property or right-of-way. This task will also include planning for temporary trail use and management during construction. The purpose of this plan is to mitigate potential conflict between trail use and construction activities. The preliminary planning will include items such as trail closure sequencing, required signage, traffic control, temporary fencing, etc. Task 15 - Construction Quality Assurance This task includes: (i) design (i.e., engineering) support during construction (address contractor’s RFIs; provide support as needed; review contractor’s submittals; review results of water quality testing, etc.); (ii) specialty observation during construction (for conformance with design drawings and specifications); (iii) in-grading geologic/hydrogeologic monitoring (observe geologic conditions for conformance with assumptions made during the design stage of the project; inform designer if significant deviation is observed); and (iv) development of As-Built set of documents. The as-built drawings will be attached to the CQA report. A-64 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 20 September 5, 2023 The presence of GLA’s CQA monitor will be required during the duration of field activities to ensure adherence to the project plans, specifications, special provisions, and CQA plan. Specific on-site activities to be performed by a CQA monitor include monitoring of water pressure at hydrauger termination (i.e., exit) points, communicating with design engineer, collecting discharge water samples for water quality testing, sampling, and testing of concrete (concrete slump testing for the hydrauger wing walls and tank foundations), preparation of daily field reports, and preparation of draft and final CQA reports. The final CQA report will be reviewed, signed, and sealed by a Geotechnical Engineer registered in the state of California. In-grading monitoring will be performed by a Certified Engineering Geologist (CEG) registered in the state of California. GLA’s CEG will also supervise drilling and installation of temporary piezometers and will closely coordinate field activities with the Project Manager. Multiple visits by the Project Manager will be required during the construction. Task 16 – Cost Reduction Evaluation Program Even though the mitigation design will be based upon detailed engineering calculations (i.e., 3D seepage and slope stability models), and will be validated through pilot drilling prior to the installation of hydraugers, actual site conditions may differ from those anticipated. For example, recovery of groundwater may be significantly higher at one location and significantly lower at another, relative to the amount anticipated based on piezometric measurements. If different than anticipated conditions are encountered during construction, GLA will assess the data, re-run its 3D models, and re-assess its estimates. For example, newly observed conditions may allow for reduction of number of required hydraugers, their length, required diameter, or any combination of the above, and significant cost savings may be possible. Information gathered, processed, and implemented during the Cost Reduction Evaluation Program (i.e., value engineering, as referred to by Geotechnical engineers) will be documented in addenda to the Design Report. Deliverable: Addendum to Design Report. A-65 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 21 September 5, 2023 Task 17 - Post-Construction Maintenance Planning Post-Construction maintenance is necessary for long-term success of this project. Therefore, routine inspection and long-term maintenance of landslide mitigation measures should be considered and planned. In addition to routine measures, such as clearing of drainage swales and pipes, crack infill, etc., additional cost-savings measures might be considered. For example, should PBL movement be reduced to target values, clogged and/or broken hydraugers might be replaced with vertical dewatering wells which are cheaper to install and maintain. Post-earthquake repair planning (minor damage) is also necessary for the long-term success of this project. Note: There is a risk that a seismic event may occur and, depending on its size, proximity to the site, and hydrogeologic conditions at the site at the time of event, either accelerate the PBL movement or causes rapid failure of a significant portion of the PBL. The mitigation measures, if implemented, would not eliminate this risk of seismically-induced instability, but will conceivably reduce the risk relative to the existing condition. GLA will develop maintenance plans for key project components. Key components include staging areas, storage areas, and access; all of which are required to ensure that landslide mitigation components can be serviced throughout the life of the project. GLA will also recommend the minimum width of access routes. Post construction maintenance will be closely coordinated with post-construction monitoring (see above) and will consider increased monitoring and maintenance following significant, local seismic events, and storm events that exceed 90 percent of the design capacity of drainage structures. Assumptions: (i) no temporary construction easements for access or otherwise will be granted; and (ii) all access must be on public property or right-of-way. Include the width of access routes. Deliverable: Post Construction Maintenance Report. Task 18 - Assistance for City’s Public Interface Residents and various groups have asked many questions and offered critique of design elements throughout conceptual design, proof-of-concept, DEIR, and grant application stages of the project. Similar involvement of the public is anticipated to continue during final design development and beyond. A-66 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 22 September 5, 2023 GLA developed scope and cost estimates for this Task based upon past comments, requests, and questions, including: (i) provide description of similarities and differences between the hydrauger batteries at the White Point Landslide in San Pedro and the proposed hydrauger batteries for this project; (ii) comment on effectiveness of hydrauger batteries in San Pedro; (iii) justify the location of each hydrauger battery in terms of why it is the optimal location to achieve the project goals; (iv) describe other locations that were considered and why they were not selected; (v) explain why the hydraugers batteries will not cause landscape deformation including in areas outside of the landslide area; (vi) if the extracted water quality does not allow for it to be discharged to ocean, explain how it will be disposed of; (vii) could additional pipes drilled from the hydrauger battery at location A6 be used to replace the hydrauger battery at location A5; (viii) could another hydrauger battery location within City property or right-of-way be installed in place of hydrauger battery A5; (ix) describe how bentonite chips would act in comparison to fly ash; (x) provide example projects where fissure infilling with bentonite chips was effective; (xi) explain the contribution of septic tanks and irrigation systems uphill to the land movement; (xii) discuss the effects of extreme weather events on the surface drainage system; and/or (xiii) explain why fissures that are not in the swales or flow reduction area need to be filled. A few of the above-listed questions may be answered outright. Others require performance and interpretation of specialty engineering evaluations to credibly support answers. Questions posed so far will be answered by performing evaluations that are explained and costed under Task 8. While doing so, we will attempt to anticipate forthcoming questions and set the 3D models in such a manner that minimum effort is required to answer anticipated questions. Deliverable: Written response to upcoming questions including the development of engineering material as needed to support the finalization of the EIR for City approval. Visuals to facilitate City’s interaction with the public. Task 19 - Project Management This project has multiple components, many of which would require simultaneous execution. Multiple parties will be involved, including in-house resources, subcontractors, City staff, construction manager retained by the City, public, and regulatory agencies. Cost estimates for this task have been developed accordingly and are typical for a project of this size and complexity. GLA understands that the City will require a weekly project status report summarizing the prior A-67 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 23 September 5, 2023 week's activities and the upcoming week's activities. Deliverables: Weekly and Periodic Progress Reports, meeting notes, coordination of and with sub-consultants. Task 20 - Meetings Given the nature, size, and complexity of the project, multiple meetings and public presentations will be required. Both in-person and virtual meetings may be required. Due to the complexity of issues to be discussed, well-elaborated and supported PowerPointTM presentations will be required. A cost estimate for this task has been developed accordingly. Deliverables: Meeting agendas, notes, and presentation materials. Task 21 - Support to Implement Interim Mitigation Measures Phase II of this project (i.e., Construction/implementation) will likely start in or around 2025 and will last for approximately 1 year. The effects of the PBL mitigation measures will likely be observable approximately one year after the implementation and validation of mitigation measures. It may be possible to implement several mitigation measures shortly after the completion of engineering evaluations. Examples of such mitigation measures include implementation of preliminary drainage improvements, preliminary crack infill, identification of leaky septic and irrigation systems that contribute to the PBL movement and repair of thereof, mitigation of coastal erosion, etc. Engineering evaluations to be performed in support of the design (see Tasks 6 to 8) include evaluation of relative contributions of various project elements to PBL movement, including contribution of the artesian pressure, coastal erosion, infiltration of surface water through cracks, infiltration due to irrigation and leaky septic tanks, assessment of artesian pressure/volume of drained groundwater, etc. Upon completion of engineering evaluations, GLA will evaluate the results and advise the City if development and implementation of interim mitigation measures is warranted and cost effective. The cost estimate for this Task included herein is tentative. This cost estimate was A-68 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 24 September 5, 2023 tentatively established as a percentage of corresponding tasks developed for the main project (see “Deliverables” below; approximately 20% of task aggregate cost was assumed). Upon completion of the design, this cost will be further explained, justified, and adjusted with a separate proposal. Deliverables: (i) Development of recommendations for implementation of interim mitigation measures such as crack infill design, mitigation of septic tanks, mitigation of inadequate irrigation, partial improvement of surface drainage, etc. (streamlined Construction Plans, Specifications, and CQA Plans); (ii) cost estimates; (iii) construction pre-bid and bid support; (iv) CQA oversight of construction and documentation of observations; (v) assistance for City’s public interface; and (vi) Project management and coordination. Optional Task – Supplemental Investigations, Measurements, and Assessments In developing this cost estimate we assumed that the design would proceed based upon already acquired information and hence that design part (scope) of this project does not require: 1. Supplemental geologic mapping; 2. Supplemental hydrogeologic investigation; 3. Suplemental geotechnical investigation (including drilling, sampling, and laboratory testing); 4. Supplemental hydrologic investigation; and 5. Suplemental environmental assessment (including groundwater and surface water sampling and testing). Based on current information, information on PBL movement, understanding of project constraints, regulatory requirements, and citizen’s concerns, GLA does not think that items 1) – 5) will be required. However, as design progresses, it is possible that one or more of these items will be required. If any of these items becomes required, GLA will develop a proposal and submit it to the City for review and approval. GLA PROJECT TEAM GLA, including its wholly owned subsidiary DBS&A, has been an approved contractor with the City since 2016. The formal qualifications of the company and of key personnel have been reviewed by the City on multiple occasions. We do not anticipate changes within our project A-69 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 25 September 5, 2023 team within the anticipated period of services and commit the team and the team organizational structure for this project as outlined in Appendix A (Organizational Chart and Resumes of Key Personnel). The project organizational chart, with identified key personnel, is enclosed as Appendix A. As shown on the chart, this project will be managed by Dr. Neven Matasovic, PE, GE. Dr. Matasovic will also serve as the Lead Geotechnical Engineer for the project. Mr. Alan Witthoeft, PE, GE will serve as Assistant Project Manager (APM) and as the Lead Design Engineer. Mr. Mark Vincent, PG, CEG, CHG will serve as Lead Geologist and Lead Hydrogeologist. Mr. John Hower, PG, CEG will serve as Principal-in-Charge and will provide senior internal peer review of geologic aspects of the project. Resumes of key GLA personnel are provided in Appendix B. Key GLA personnel will be supported internally by a pool of over 50 professionals working in four GLA and DBS&A southern California offices, each of which is less than two hours from the City and PBL. Resources from other, more distant GLA offices will be used on as-needed basis. Mr. Caleb Miller, PE will temporary relocate from our Grass Valley office to our Costa Mesa office to support the project design effort. Resumes of supporting staff are available upon request. Subcontracted personnel, indicated by color-coding in organizational chart, includes Professor Tim Stark of the University of Illinois, Urbana Champaign (link to his university web page: https://cee.illinois.edu/directory/profile/tstark). Professor Stark will provide quality control related to technical aspects of this project (review advanced 3D modelling efforts, including steady-state seepage; transient seepage, and slope stability evaluations; See Task 3). Ms. Lynn Capouya of Lynn Capouya, Inc., LCI (link to the LCI web page: https://lcapouya.com/) will provide context sensitive design support work and development of planting and irrigation plans (see Task 9). Surveying subcontractor has not been formally identified (three bids will be required prior to the award of all subcontractors contracts), but we anticipate that surveying and drilling subcontractors will have sufficient resources, capacity, and experience to deliver required information in a timely manner (e.g., Psomas; https://psomas.com/). Note: General contractor will retain services of drilling contractor. A-70 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 26 September 5, 2023 ESTIMATED SCHEDULE Estimated project schedule is enclosed in Appendix C. GLA anticipates that the City will acknowledge the project award no later than September 19, 2023. We further anticipate that the basis for contract negotiation will be the already-negotiated 2018 contract between the City and GLA, that contract negotiations will be short, and that a formal notice to proceed will be issued to GLA on October 1, 2023. The estimated duration of Phase I is 1 year. Phase II of this project (i.e., Construction/implementation) will likely start in or around 2025 and will last for approximately 1 year. The estimated duration of Task 21 (Supplemental Investigations, Measurements, and Assessments) is 1 year. Key milestone of estimated project schedule, and hence of the Phase I effort, is update of site topographic information (see Task 4; “Surveying”). Only Tasks 1 – 3 and Tasks 19-20 can proceed before receipt of the updated topographic information. To facilitate rapid completion of topographic survey, GLA will commence development of surveying bidding package shortly after the formal acknowledgement the project award to GLA. Task 15 (Construction Quality Assurance, CQA) is dependent of the final design and Contractor’s schedule and is therefore is not fully developed at this point. The final design is required to develop this task. The contractor’s schedule is required to establish the duration of this task and revise the schedule accordingly. ESTIMATED COST GLA assumed that drilling and location surveying for and installation of temporary standpipe piezometers, temporary (portable) inclinometers, and vibrating wire piezometers that precede installation of hydrauger batteries will be included in Contractor’s scope. Please note that this drilling and monitoring is required only at the toe of the landslide where artesian pressure is present. The results will be used to confirm the location of the basal failure surface below which hydraugers will be advanced. GLA also assumed that the PBL mitigation will be bid as a single project, i.e., that the services of a single prime contractor will be retained by the City. In other words, GLA assumed a single set of D-size drawings and technical specifications will be required for the project (i.e., that development of separate sets of drawings/specifications will not be required to bid various A-71 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 27 September 5, 2023 project elements such as the surface water improvements, installation of pipes under the PVDS, installation of hydraugers, crack infill, etc.). GLA also assumed that scope does not include development of mechanical and electrical drawings, if any required. GLA will perform the scope of services (Tasks 1 – 21) on a time-and materials basis with not-to- exceed limits. A task-by-task cost estimate with indicated not-to-exceed limits is presented in Appendix D. An estimated not-to-exceed fee is $1,785,000. Should a situation different than anticipated be encountered, or if additional requests are made by the City, GLA will notify the City, on a per-task basis when 75% - 80% of the budget has been expended. This will be followed with an additional budget estimate. No cost will be incurred/billed prior to the formal approval by the City. At this point, the City may also decide to re-allocate funds from other tasks that are running/ are anticipated to be completed under the budget. The cost estimate, like GLA proposal, as provided herein, is copyrighted (©) and is valid for a period of two (2) years. Depending on the situation (inflation, significant changes in labor cost, pandemic-related issues, requests for adjustments from the subcontractors, etc.), GLA may request adjustments in fee structure after September 5, 2025. Provided that the project is not delayed, the above fee estimate covers services provided through the completion of our final Design Package. Supplemental post-package services, including services related to the Optional Task, will be provided, as needed, on a time and materials basis in accordance with our standard Schedule of Fees in effect at the time the work is performed. A copy of GLA 2023 Schedule of Fees used to develop this proposal is attached as Appendix E. DATA/INFORMATION REQUEST At this point, most of the information required to start, develop, and complete this project is on- file with GLA. Please keep us informed should new information related to the PBL and its movement become available. For example, keep us posted about any new developments related to the Abalone Cove, Portuguese Bend, or Klondike Canyon Landslides and input and information received from the public. A-72 GLA Proposal No. SO23.1126.PR| Final Design Scope of Work - PB Landslide Remediation 28 September 5, 2023 CLOSURE GLA is looking forward to continuing working with the City on this important project. Should you require additional information and/or an explanation of the material presented herein, please do not hesitate to contact Dr. Matasovic at nmatasovic@geo-logic.com. A-73 Proposal SO23.1126.PR| Portuguese Bend Landslide Mitigation Final Design August, 2023 APPENDIX A Organizational Chart and Summary of Personnel Qualifications A-74 PRINCIPAL IN CHARGEJohn Hower, PG, CEGPROJECT MANAGERLEAD GEOTECHNICAL ENGINEERNeven Matasovic, PhD, PE, GEGEOTECHNICAL AND SPECIALTY LABORATORIES, AND SPECIALTY INSTRUMENTATION / SURVEYSGLA LaboratoriesGeotechnical:Anaheim, California ●Geosynthetics and Interface Testing: Grass Valley, California ●Moisture Retention Testing:Albuquerque, New MexicoSurveyorTo be Determined (3 Bids) (Subcontracted)LEAD CIVIL DESIGN ENGINEERALAN Witthoeft, PE, GECIVIL ENGINEERING SUPPORT Caleb Miller, PEStephanie Hamilton, PEJake Russell, PEJorge AmayaFouad Mina, PE, QSDNoah Campbell, PE, QSDDavid Harich, PELuis Mariscal, PELynn Capouya, Inc. (Subcontracted)LEAD GEOLOGISTMark Vincent, PG, CEG, CHGGEOLOGY SUPPORT William Lopez, PG, CEG, CHGGreg Shagam, PG, CEG, QSD John Hower, PG, CEG Mike Reason, PG, CHG Adrienne Thibeault, PGJamie Behselich, GITHEALTH & SAFETYRuss GranforsPublic Works DirectorRamzi AwwadTASK LEADERRon Dragoo, PECQA MANAGERStacy BairdCQA SUPPORT (MONITORS)Ben Dell-EraRogelio ArmentaTom RunyanAdam ShawMichael CampbellJarot TambaKusal WeerasinghLEAD GEOTECHNICAL ENGINEERNeven Matasovic, PhD, PE, GEGEOTECHNICAL ENGINEERING SUPPORT Alan Witthoeft, PE, GERobbie Warner, PE, GEChalerm (Beeson) Liang, PE, GE Robert Valceschini, PE Brian Constant, PE, GEJason Hefner, PEAaron Ogorzalek, PEFarnaz SerajTim Stark, PhD, PE (Subcontracted)A-75 Project Professional Labor Category Office Location Years of Prof. Experience Years with Geo-Logic Associates Licenses / Certifications Education Project Role John Hower Principal Geologist II Granite Bay 32 27 PG No. 6524 (CA) CEG No. 2142 (CA)BS, Geology Principal-In-Charge Neven Matasovic Principal Engineer II Costa Mesa 34 9 PE No. C55861 (CA) GE No. GE2557 (CA) D.GE 1380 (National) Ph.D, Geotechnical Engineering MS, Geotechnical Engineering BS, Civil (Structural) Eng. Project Manager & Lead Geotechnical Engineer Russ Granfors Senior Professional I Scottsdale, Arizona 28 7 None BS, Environmental Science Health & Safety Alan Witthoeft Senior Engineer I Costa Mesa 14 5 PE No. C80244 (CA) GE No. GE3110 (CA) MS, Geotechnical Engineering BS, Civil Engineering Geotechnical Support & Lead Civil Design Engineer Robbier Warner Senior Engineer III Ontario 35 20 PE No. C47957 (CA) GE No. GE2690 (CA) MS Geotech. Engineering BS, Civil Engineering Geotechnical Support Chalerm Liang Senior Engineer III San Jose 43 13 PE No. C35399 (CA) GE No. GE2031 (CA) MS, Geotechnical Engineering BS, Civil/Env Engineering Geotechnical Support Robert Valceschini Principal Engineer II Reno, Nevada 39 9 PE No. C50522 (CA)MS, Geotechnical Engineering BS, Geological Engineering Geotechnical Support Brian Constant Principal Engineer II Anaheim 43 23 PE No. C44506 (CA) GE No. GE2278 (CA) MS, Geotechnical Engineering BS, Civil Engineering Geotechnical Support Jason Hefner Senior Engineer II Reno, Nevada 21 9 PE No. C71122 (CA)BS, Geological Engineering Geotechnical Support Aaron Ogorzalek Senior Engineer I Bend, Oregon 21 12 PE No. C71852 (CA)MS, Geotechnical Engineering BS, Civil Engineering Geotechnical Support Farnaz Seraj Staff Engineer II Scottsdale, Arizona 2 1 None MS, Geotechnical Engineering BS, Civil Engineering Geotechnical Support Caleb Miller Senior Engineer II Reno, Nevada 17 12 PE No. C77424 (CA)BS, Civil Engineering Civil Design Support Stephanie Hamilton Senior Engineer I Granite Bay 15 6 PE No. 83301 (CA)BS, Civil Engineering Civil Design Support Jake Russell Principal Engineer I Grass Valley 25 12 PE No. C64512 (CA)BS, Environmental Engineering Civil Design Support Jorge Amaya CADD Specialist Ontario 30 7 None N/A Civil Design Support Fouad Mina Principal Engineer I Ontario 34 3 PE No. C52592 (CA)MS, Civil Engineering BS, Civil Engineering Civil Design Support Noah Campbell Senior Engineer I Grass Valley 24 12 PE No. C64963 (CA)BS, Environmental Resource Engineering Civil Design Support David Harich Principal Engineer I Ontario 33 3 PE No. C53287 (CA)BS, Civil Engineering Civil Design Support Luis Mariscal Senior Engineer II Ontario 27 26 PE No. C68667 (CA)BS, Environmental Engineering Civil Design Support Mark Vincent Senior Geologist II Ontario 35 31 PG No. 5767 (CA) CEG No. 1873 (CA) CHG No. 865 (CA) MS, Geology BS, Geology Lead Geologist William Lopez Senior Geologist I San Diego 34 32 PG No. 6857 (CA) CEG No. 2143 (CA) CHG No. 706 (CA) BS, Geology Geology Support Mike Reason Principal Geologist II Ontario 33 26 PG No. 6301 (CA) CHG No. 484 (CA) M.S., Geology B.S., Geology Geology Support Adrienne Thibeault Senior Geologist I Ontario 16 16 PG No. 9856 (CA)BS, Geology Geology Support Jamie Behselich Staff Geologist I Ontario 3 1 GIT (CA)BS, Geology Geology Support Stacy Baird Principal Technician Ontario 32 32 None BS, Geology CQA Manager Ben Dell-Era Technician IV Grass Valley 31 12 GCI Certified CQA Geosynthetics and Clay Liner Inspector N/A CQA Support Rogelio Armenta Technician IV Remote 24 12 GCI Certified CQA Geosynthetics and Clay Liner Inspector N/A CQA Support Tom Runyan Technician IV Riverside 28 22 GCI Certified CQA Geosynthetics and Clay Liner Inspector AS CQA Support Adam Shaw Technician IV Riverside 22 22 GCI Certified CQA Geosynthetics and Clay Liner Inspector BA, Environmental Science CQA Support Michael Campbell Technician IV Riverside 38 32 GCI Certified CQA Geosynthetics and Clay Liner Inspector BS, Environmental Studies CQA Support Jarot Tamba Staff Engineer I Ontario 1 1 EIT BS, Civil Engineering CQA Support Kusal Weerasinghe Staff Engineer I Ontario 3 1 EIT BS, Civil Engineering CQA Support EIT = Engineer in Training; GIT = Geologist in Training; D.GE = Diplomate of Geotechnical Engineering; GCI = Geosynthetic Certification Institute; * = Senior engineer working part time Committed Employee Matrix PROJECT MANAGEMENT GEOTECHNICAL STAFF GEOLOGY STAFF CONSTRUCTION SERVICES STAFF CIVIL DESIGN STAFF HEALTH AND SAFETY A-76 Proposal SO23.1126.PR| Portuguese Bend Landslide Mitigation Final Design August, 2023 APPENDIX B Resumes of Key Personnel A-77 Neven Matasovic, PhD, PE, GE Principal |714.465.8240 | nmatasovic@geo-logic.com Dr. Matasovic is a Registered Geotechnical Engineer (California) with over 30 years of experience in geotechnical and earthquake engineering. Dr. Matasovic has been extensively involved in geotechnical analysis and design, multiple project management, and sponsored research. Dr. Matasovic’s relevant experience includes evaluation of existing landslides, evaluation and implementation of various slope stabilization techniques including stabilization with horizontal drains (hydra-augers), cast in place and auger-cast piles, rock anchors, soil nailing, and pressure (slurry) grouting. He is also experienced with implementation of slope repair methods such as the installation of retaining and Mechanically Stabilized Earth (MSE) walls, debris removal, and slope reinforcing with riprap. Dr. Matasovic is a co-author of the Federal Highway Administration (FHWA) guidance document on geotechnical earthquake engineering for highway facilities and is a recipient of the 2001 Prakash Foundation award for excellence in geotechnical engineering. Key Project Experience La Pata Avenue Gap Closure, San Juan Capistrano, California.Dr. Matasovic served as Engineer of Record for the Geotechnical investigation and evaluation is support of the proposed extension of the La Pata Avenue (Central Segment; Geotechnical scope of work budget: $1,000,000+). The proposed extension will traverse a Holocene landslide deposit that is approximately 0.6 miles long and up to 300 feet thick. The landslide deposit is within the Capistrano formation, a formation widely regarded as southern California’s most unstable geologic formation. Scope of services called for an execution of a focused site investigation program that included geologic mapping, geophysical measurements (surface refraction and in-hole geophysics), drilling, trenching, sampling, and geotechnical laboratory testing of representative landslide deposit material. The work further included interpretation of site groundwater conditions, development of basal shear plane geometry, and 2D and 3D static and seismic slope stability evaluations. Project challenges included demonstration that an ancient landslide deposit (FS = 1.0) will be suitable subgrade for the proposed road extension. Portuguese Bend Landslide Complex, Rancho Palos Verdes, California – Engineering Feasibility Study.Dr. Matasovic served as a Lead Geotechnical Engineer for development of an engineering feasibility study for remediation of the subject, fast-moving landslide, including restoration of the affected community infrastructure. Over one mile of critical coastal roadway and sewer, power, and potable water lines have been significantly compromised for decades along Palos Verdes Drive South in western Los Angeles County since significant landslide activity was reactivated in 1956. Dr. Matasovic’s hands-on involvement included preliminary three-dimensional (3D) seepage (artesian pressure) force assessment and 3D slope stability evaluation of the main landslide complex. This information was used to develop the preferred landslide remedial solution with directionally drilled and installed drains (hydraugers). The minimally invasive to the habitat and residences nearby solution is a basis for the current FEMA grant application. EDUCATION PhD, Geotechnical Engineering, 1993 University of California, Los Angeles MS, Geotechnical Engineering, 1986 University of Zagreb, Croatia BS, Civil Engineering, 1983 University of Zagreb, Croatia, PROFESSIONAL REGISTRATIONS Geotechnical Engineer, California, No. GE2557 Professional Engineer, California, No. C55861 Professional Engineer, Alaska, No. CE9659 Professional Engineer, Hawaii, No. PE18301 OTHER Diplomate, Geotechnical Engineering, No. D.GE 1380 A-78 Neven Matasovic, PhD, PE, GE Page 2 geo-logic.com Portuguese Bend Landslide Complex, Rancho Palos Verdes, California - Landslide Mitigation Design.Project Manager. The Portuguese Bend Landslide Complex (PBLC), located along the Pacific Coast in the scenic City of Rancho Palos Verdes (City), is among the most recognizable landslide features in California. The massive landslide encompasses approximately 239 acres and 38 million cubic yards of sliding mass, with lateral dimensions approximately 0.9 miles x 0.8 miles. Ground movement rates vary widely across the site but have been measured recently to be as much as 11 feet per year near the landslide’s toe at the coast. Key design components included innovative engineering approaches for surface water using environmentally-friendly-lined swales and for relief or artesian pressure by directional drains. To provide a basis for evaluation of the PBLC, Dr. Matasovic’s team developed a conceptual model of the site based on previous investigative efforts by numerous past consultants. Using the conceptual model, the team developed preliminary three-dimensional (3D) seepage and slope stability computer models. The models were used to evaluate the effectiveness of horizontal and directional drains at various locations. During the course of this project, Dr. Matasovic also provided support to the City in addressing the concerns of the residents, City Council, and the Palos Verdes Peninsula Land Conservancy. The preliminary project design report was accepted by a unanimous vote of the City Council. Tarapaca Landslide, City of Rancho Palos Verdes, California – Investigation and Remediation.Dr. Matasovic served a lead Geotechnical Engineer for the evaluation of the causes, risks (to residences and adjacent road), and for development of potential remedial solutions for stabilization of an active landslide. The landslide has been moving into the San Ramon Canyon that is adjacent to Palos Verdes Drive East. At the closure of the project, Dr. Matasovic assisted City of Rancho Palos Verdes in development of cost-effective solution for the landslide mitigation, including solutions for management of sheet flow generated sediment that flows within the San Ramon Canyon in heavy rains. Ocean Trails Country Club Landslide, City of Rancho Palos Verdes, California - Forensic Investigation and Landslide Remediation.Prior to a new golf course opening on the Palos Verdes Peninsula, a landslide that was incorporated into the 18th fairway and green moved approximately 50 ft ocean-ward destroying the 18th hole. This caused water lines, drain lines and a sewer line to be severed. County Sanitation Districts of Los Angeles County (LACSD) retained Geosyntec (Dr. Matasovic’s former employer) to evaluate causes of landsliding and options for relocating their sewer line so that it would not be damaged by future landsliding within this property. Dr. Matasovic was responsible for stability evaluations, including the development of representative landslide geometry and material parameters. Work included review and interpretation of logs of hundreds of past exploratory boreholes to construct structure contour maps of the subsurface geology and to construct geologic cross sections through the site. The cross sections were used to prepare geotechnical stability sections for use in stability analyses at various stations along the sewer alignment. Results of the stability analyses provided information about the risk of potential future damage to the existing sewer due to instability and for options relocating the sewer to avoid future instability issues. FRB Landfill Phase V-B/C Landfill Expansion, Orange County, California.During construction of the Frank R. Bowerman (FRB) Landfill Phase V-B/C landfill expansion project, a landslide occurred within the upper 100 feet of the slope. Although Dr. Matasovic’s employer was the CQA consultant (not the designer) on the project, OC Waste & Recycling requested that it provides geological and geotechnical services for remediation of the landslide on an emergency basis so that construction could continue, and repairs could be incorporated into the contractor’s construction schedule. Dr. Matasovic was involved in planning and execution of the geotechnical investigation and testing programs, including recovery of representative basal shear plane samples for testing in a torsional ring shear device. Dr. Matasovic further directed detailed stability evaluations of the failed slope to support preparation of three alternative design options for remediation of the landslide and for stabilizing an A-79 Neven Matasovic, PhD, PE, GE Page 3 geo-logic.com adjacent 700 linear feet of the slope where similar geologic conditions were present. The stabilization was performed with up to 600-ft long horizontal drains spaced 50 to 100 ft apart. SDG&E Transmission Towers Access Road Stability Demonstration, San Diego, California.San Diego Gas and Electric (SDG&E) owns and maintains transmission towers within the Sycamore Landfill and Hanson’s Gravel Pit mining operation in San Diego, California. In order to allow for a lateral expansion of the landfill, several transmission towers had to be relocated. Relocation of these towers called for design and construction of an access road and permitting with multiple agencies. Given the site constraints, the section of the access road was graded at 1H: 1V (Horizontal: Vertical) and the slope was approximately 190 feet high. Dr. Matasovic served as Project Manager and was responsible for permitting. Project challenges included development of a three- dimensional (3D) slope model for stability evaluations and back-analysis of nearly vertical slope to evaluate model input (shear strength) parameters. La Pata Avenue Distress, San Juan Capistrano, California.Geotechnical Engineer of Record for the project. The initial scope was limited to the investigation of the cause of the La Pata Avenue distress. The geologic prospecting and mapping revealed that the distress was caused by re-activation of an ancient landslide which was, in turn, initiated by grading for a residential development at the toe of the slope. Further work included continuous monitoring of distress (observation and surveying), installation of a slope inclinometer, processing and interpretation of inclinometer data, back-analysis of observed conditions, and forward analysis in support of development of landslide mitigation measures. FRB Landfill Phase VIII-BLP (Phase VIII Buttress and Liner Project), Orange County, California.The project consisted of designing a new landfill within an area affected by landsliding. Design challenges included temporary stabilization of 60-acre active landslide including slot cut design for construction of remedial measures. Dr. Matasovic served as Project Director. He also acted as a Lead Geotechnical Engineer responsible for directing the static and seismic stability evaluations in support of the buttress design, for numerical slope stability analyses with FLAC V7.0. These analyses included evaluation of allowable displacements during construction (i.e., (slot cut), and for a back-analysis of the basal shear plane material parameters. The back- analyses were calibrated based upon actual slope movements recorded in 20 inclinometers. Dr. Matasovic was also responsible for performing seismic hazard evaluation, development of design ground motions, and for seismic deformation analyses. Sunshine Canyon Road, MSE Wall Retaining System for Slope Stabilization, Sylmar, California.Dr. Matasovic was the design engineer for a Mechanically Stabilized Earth (MSE) retaining wall system. This MSE retaining wall system was designed and constructed adjacent to Sunshine Canyon Landfill within the City of Los Angeles (City) right of way and was subject to approval and inspection by the City of Los Angeles Department of Public Works. This was one of the first such walls approved by the City of Los Angeles. The design was based upon stability evaluations with MSEW. The CQA services included in-situ nuclear density testing of reinforced backfill soil, monitoring of installation of precast concrete elements and reinforcing materials, and monitoring of construction of back of wall gutter and drain system. Dr. Matasovic reviewed and sealed the CQA report for this project. Sunshine Canyon Development, Sylmar, California - Static and Seismic Slope Stability Evaluations.Dr. Matasovic served as Engineer of record responsible for static and seismic slope stability evaluations carried out in support of various stages of the site development for the Sunshine Canyon development project in Los Angeles County. Stability evaluations included interpretation of inclinometer data and associated back- calculation of shear strength parameters, limit-equilibrium analyses in support of landslide mitigation, forward A-80 Neven Matasovic, PhD, PE, GE Page 4 geo-logic.com analyses of cut and fill slopes, and design of Mechanically Stabilized Earth (MSE) wall along the San Fernando Road. Seismic evaluations included pseudostatic slope stability analyses, one- and two-dimensional seismic site response analyses, and Newmark-type seismic deformation analyses. Malibu Wastewater Treatment Plant, Geotechnical Investigation, Geotechnical Design and Analysis, City of Malibu, California.Dr. Matasovic was Project Manager and Geotechnical Engineer of Record for this project. The project included detailed geological mapping (including assessment of fault rupture hazard), geotechnical subsurface investigations (50-ft deep mud rotary boreholes, CPT sounding, and ReMi geophysical sounding), installation of a temporary piezometer (vibrating wire piezometers) geotechnical evaluations (stability of native slopes adjacent to the facility, evaluation of bearing capacity and settlement (in support of foundation design), soil liquefaction evaluation, evaluation of liquefaction-induced lateral spreading, seismic hazard evaluation per 2013 Edition of the California Building Code and ASCE 7-10), development of foundations recommendations, and development of geotechnical recommendations for slope stabilization, structural design, and construction of the facility. Fairview Park Geotechnical Investigation and Slope Stability Analysis, Costa Mesa, California.The 211-acre Fairview Park extends along the southwest edge of the City of Costa Mesa, California, just east of the Santa Ana River and County of Orange Talbert Nature Preserve (Talbert Nature Preserve). The project was multidisciplinary. Relevant project requirements called for extension of the existing wetland (extends along the sections of the Santa Ana River) into the Talbert Nature Preserve to establish significant native habitats, including California native grasslands, coastal bluff scrub, open sandy coastal scrub, and riparian wetlands. However, as this extension would, in turn, submerge the toe of the west-facing slope of an existing bluff, known as the “Overlook Slope,” concerns about slope stability were voiced out. The Overlook Slope is approximately 2,000 ft (0.38 miles) long and up to 70 ft high while slope face inclination ranges from 1.0H: 1.0V (Horizontal: Vertical) to 2.0H: 1.0V. Dr. Matasovic was Geotechnical Engineer of Record and Geotechnical task manager for this project. He was responsible for seismic hazard assessment, planning and execution of geotechnical investigation, planning and execution of geotechnical laboratory testing program, and for static and seismic slope stability evaluation. Project challenges included sampling of bluff material (cemented gravels) and subsequent interpretation of geotechnical testing results. Lopez Canyon Road, Lake View Terrace, California.Dr. Matasovic was responsible for geotechnical services at Lopez Canyon Road over a three-year period. The work included supervision of in-grading geologic mapping, post-earthquake investigation of a landslide behind an on-site office complex, design of a drilled pier/soldier pile retaining wall for stabilization of an active landslide area, and foundation design for a liquid storage facility. Dr. Matasovic also helped install and monitor two groundwater observation wells, worked with the lead geologist to identify active fault traces within an Alquist-Priolo special studies zone, and assessed the suitability of local and imported borrow soils for soil buttress construction at the project site. Calabasas Landfill, Agoura, California – North Ridge Cut Expansion.Project Manager and Lead Engineer responsible for execution of this $1,600,000+ geotechnical investigation and analysis project. The work included coordination of several drilling, CPT sounding, and geophysical logging contractors, installation of an inclinometer in landslide deposit, aquifer testing, groundwater sampling, soil and rock sampling, interpretation of field and laboratory testing results, engineering analyses and evaluations, and management and coordination of 24 professionals involved in the project. Dr. Matasovic is also responsible for a engineering report that will document results of engineering analyses, including static and seismic slope stability evaluation (of cut, man- made and waste slopes and inclinometer readings), seismic site response analyses (landslide deposits and waste A-81 Neven Matasovic, PhD, PE, GE Page 5 geo-logic.com fill), steady-state seepage analyses (to design and optimize landfill underdrain system), static and seismic settlement analyses, and soil liquefaction analyses. Puente Hills Site, Whittier, California – Phase 1B and Eastern Canyons Expansions.Task Manager responsible for static and pseudostatic slope stability and deformation analyses conducted in support of design and construction of Phase 1B Expansion. The analyses were conducted to evaluate several subgrade configurations considered and included evaluation of landslide remedial measures. The work also included cost-benefit analysis for remedial measures considered and was concluded with detailed design of selected stabilization alternative (rock anchors). For the Eastern Canyons Dr. Matasovic provided geotechnical support during development of the conceptual grading design. He was also involved in planning of geotechnical investigations and geotechnical laboratory testing and was responsible for execution of a supplemental field investigation program which included drilling of a borehole with a large-diameter bucket auger, downhole logging of the borehole, and excavation of several trenches in local Puente formation. Badlands Disposal Site, Riverside County, California – Canyon 4 Phase 2.Project Manager responsible for overall coordination of landslide mitigation project. Dr. Matasovic also served as a Lead Engineer responsible for geotechnical aspects of the project, including drilling, sampling, geotechnical laboratory testing, back analysis of an existing landslide, static and seismic analysis of very steep native cut slopes in the immediate vicinity of the slide, development of landslide remediation design, and static,pseudostatic, seismic site response and seismic deformation analyses for interim and final configurations of remediated landslide. Along the course of this project, Dr. Matasovic demonstrated that landsliding was in an isolated area of unfavorable bedding and hydrogeological conditions, and that native slopes outside of that area can be safely cut at 1H: 1V (Horizontal: Vertical). Later resulted in 188,000 cubic yards of additional air space (i.e., waste disposal volume). Chiquita Canyon Landfill, Valencia, California.Task Manager for stability evaluations conducted in support of developing construction drawings and specifications for the Area C, Cell II, Phase 2B expansion. For Canyons A, C, and D, Dr. Matasovic was responsible for stability analyses conducted to support the revised landfill cover design and final cover grading plans. Along the course of Geosyntec/University of California, Berkeley NSF- sponsored research projects on the performance of solid waste landfills in the 17 January 1994 Northridge earthquake Dr. Matasovic was involved in back analyses of Canyon A and Canyon D response to the earthquake. The back analyses involved pseudostatic slope stability, two-dimensional seismic site response and Newmark- type seismic deformation analysis. Heaps Peak Sanitary Landfill, San Bernardino County, California.Project Manager and Lead Engineer responsible for directing static and seismic slope stability evaluation of this “mountain” side hill-fill landfill in the San Bernardino County. Project challenges included landfill base as steep as 2.4H: 1V (Horizontal: Vertical), perennial steady state seepage parallel to the landfill base, and relatively high seismicity of the site (design bedrock PHGA = 0.4 g). Dr. Matasovic evaluated shear strength parameters at the landfill base by back- analyzing observed landfill behavior in the 1992 Big Bear earthquake and subsequently demonstrated that the landfill can sustain design seismic loads provided that the liquid levels are maintained below certain elevation. The stability evaluation was based upon the results of three-dimensional (3-D) pseudostatic slope stability evaluation, 2-D seismic site response and steady-state seepage analyses, and 1-D Newmark-type seismic deformation analysis. In 1999, Dr. Matasovic led the post Mw 7.1 Hector Mine earthquake reconnaissance team at the site. Lamb Canyon Sanitary Landfill, Riverside County, California (2 Consecutive Projects).Project Manager responsible for seismic site response and deformation analyses for the Phase 2 Stage 2 (P2S2) expansion of the A-82 Neven Matasovic, PhD, PE, GE Page 6 geo-logic.com Lamb Canyon Sanitary Landfill. Project challenges included demonstration of static stability of proposed cut slopes with out-of-slope bedding and demonstration of seismic stability of a composite landfill liner system subjected to bedrock Peak Horizontal Ground Acceleration (PHGA) of 0.6 g. The seismic stability demonstration was based upon the results of site-specific interface testing of encapsulated GCL and a non-linear seismic site response analysis. Average acceleration time histories from the non-linear seismic site response analysis were processed in a Newmark-type seismic deformation analysis to demonstrate that calculated permanent seismic displacements are lower than 6-in. stability criterion established by California DWR and adopted by the Santa Ana RWQCB. Subsequent project included evaluation of seeps and wet spots in the P2S2 expansion area, development of the underdrain system design, and evaluation of the underdrain system effect on the interim waste fill stability. Publications and Keynote Presentations (samples below) The following list illustrates Dr. Matasovic’s recent publications in the areas of geotechnical and earthquake engineering. A complete list of over 100-refereed publications is available upon request. PDF-s of most of Dr. Matasovic’s publications can be downloaded from www.researchgate.net/profile/Neven_Matasovic/publications and https://independent.academia.edu/NevenMatasovic. Matasovic, N.and Thiel, R. (2021), “Discussion of ‘Procedure for Estimating Shear-Induced Seismic Slope Displacement for Shallow Crustal Earthquakes,’ by J. Bray and J. Macedo,” ASCE Journal of Geotechnical and Geoenvironmental Engineering, Vol. 147, No. 5. Witthoeft, A.F., Warner, R.M., and Matasovic, N.(2019), “Dynamic Numerical Evaluation of Landfill Perimeter Levee on Liquefiable Subgrade Mitigated with Cement Deep Soil Mixing,” In: Case Histories – Capturing the Accomplishments of our Profession, ASCE Geotechnical Special Publication No. 308, pp. 151-159. Kavazanjian, E., Jr., Wu, X, Arab, M. and Matasovic, N.(2018). “Development of a Numerical Model for Performance-based Design of Geosynthetic Liner Systems,Geotextiles and Geomembranes,Vol. 46, Issue 2, pp. 166-182,https://doi.org/10.1016/j.geotexmem.2017.11.005 Matasovic, N.and Zekkos, D. (2017), “Modulus Reduction and Damping Curves for Landfill Covers,” In: Geotechnical Frontiers 2017: Seismic Performance and Liquefaction, ASCE Geotechnical Special Publication No. 281, pp. 101-108. Matasovic, N.(2014). “Earthquakes and Geosynthetics in Mining”.Keynote Presentation Abstract, Proc. Geosynthetics Mining Solutions 2014. Vancouver, British Columbia, Canada, 1 p. Groholski, D.R., Hashash, Y.M.A., and Matasovic, N.(2014). “Learning of Pore Pressure Response and Dynamic Soil Behavior and from Downhole Array Measurements”.Soil Dynamics and Earthquake Engineering, Elsevier. Vol. 26, Issues 61 – 62, pp. 40-56. Matasovic, N., Conkle, C., Witthoeft, A. Stern, A., Hadj-Hamou, T. (2013). “Back Analysis of Landslide Deposit Basal Failure Plane Residual Shear Strength”. In:Challenges and Recent Advances in Geotechnical and Seismic Research and Practice. ASCE Geotechnical Special Publication No. 232, pp. 471-480. Matasovic, N.(2013). “Site Response: 1D Time Domain Analyses”. In:Encyclopedia of Earthquake Engineering, edited by Michael Beer, Edoardo Patelli, Ioannis Kougioumtzoglou and Ivan Siu-Kui Au., Springer. Matasovic, N.and Hashash Y.M.A. (2012). “Site Response Analysis in Transportation Engineering Practice – a TRB Survey”. Proc. GeoCongress 2012. Oakland, California. March 25-29. A-83 Neven Matasovic, PhD, PE, GE Page 7 geo-logic.com Kavazanjian, E. Jr., Arab, G. M., and Matasovic, N.(2011). “Seismic Analysis of Heap Leach Pad Liner Systems”. Proc. 5th International Conference on Earthquake Geotechnical Engineering, Santiago, Chile. CD ROM Paper No.: SEIKA. Arab, G M., Kavazanjian, E. Jr., and Matasovic, N.(2010). “Nonlinear Time-Domain Analysis of a Sliding Block on a Plane,” Proc. 5th International Conference on Recent Advances in Geotechnical Earthquake Engineering and Soil Dynamics. San Diego, California. CD ROM Paper 4.08. Susilo, K.,Matasovic, N.and Johnson, R.S. (2009b). “Important Considerations, Opportunities, and Strategies for Implementing Infiltration Practices as Stormwater BMPs”. Proc. 8th StormCon. Anaheim, California. Susilo, K.,Matasovic, N.and Johnson, R.S. (2009a). “Considerations, Opportunities, and Strategies for Infiltration Stormwater BMPs”. Proc. World Environmental and Water Resources Congress 2009, Great Rivers. Kansas City, Missouri. pp. 971-980. Kwok, O-L.A., Stewart, J.P., Hashash, Y.M.A.,Matasovic, N., Pyke, R., Wang, Z., and Yang, Z. (2007). “Use of Exact Solutions of Wave Propagation Problems to Guide Implementation of Nonlinear Ground Response Analysis Procedures”. ASCE Journal of Geotechnical and Geoenvironmental Engineering. Vol. 133, No. 11, pp. 1385- 1398. Kwok, O-L.A., Stewart, J.P., Hashash, Y.M.A.,Matasovic, N., Pyke, R., Wang, Z., and Yang, Z. (2006). “Utilizing Nonlinear Seismic Ground Response Analysis Procedures for Turkey Flat Blind Predictions”. Proc. 3rd International Symposium on The Effects of Surface Geology on Seismic Motions. Grenoble, France. Paper No. 50, pp. 255-264. Stewart, J.P., Kwok, O-L.A., Hashash, Y.M.A.,Matasovic, N., Pyke, R., Wang, Z., and Yang, Z. (2006). “Overcoming Hurdles that Limit the Application of Nonlinear Seismic Ground Response Analysis in Engineering Practice”. Proc. 5th National Seismic Conference on Bridges and Highways. San Francisco, California. CD-ROM Paper B04, 11 p. Kwok, O-L.A., Stewart, J.P., Hashash, Y.M.A.,Matasovic, N.Pyke, R., Wang, Z. and Yang, Z. (2006). “Practical Implementation of Analysis Routines for Nonlinear Seismic Ground Response Analysis”. Proc. Eighth U.S. National Conf. on Earthquake Engineering (8NCEE). San Francisco, California. CD-ROM Paper No. 546. Matasovic, N., Caldwell, J. and Guptill, P. (2004). “The Role of Geotechnical Factors in Northridge Earthquake Residential Damage”. Proc. 5th International Conference on Case Histories in Geotechnical Engineering. New York, New York. CD ROM Paper 3.14. Mansour, C., Steinberg, A., and Matasovic, N.(2004). “Analysis, Design and Construction of the Supporting Structure and Wharf Retrofit for a new Shiploader at the Port of Long Beach, California”. Proc. Ports 2004. Houston, Texas. CD ROM Paper No. 106. Luke, B.A.,Matasovic, N.and Kemnitz, M. (2002). “Evaluating the Seismic Response of Deep Sandy Soil Deposits”. Bulletin of the Seismological Society of America. Vol. 91, No. 6, pp. 1516-1525. Kavazanjian, E., Jr. and Matasovic, N.(2001). “Seismic Design of Mixed and Hazardous Waste Landfills”. Proc. 4th International Conference on Recent Advances in Geotechnical Earthquake Engineering and Soil Dynamics. State-of-the-Art Paper No. SOAP-11. San Diego, California. Munfakh, G., Kavazanjian, E., Jr.,Matasovic, N.Hadj-Hamou, T., and Wang, J. (1999). “Ground Motion Characterization”. In: Geotechnical Earthquake Engineering Reference Manual, FHWA-HI-99-012, U.S. Department of Transportation. Federal Highway Administration. Washington, D.C. Chapter 4. A-84 Neven Matasovic, PhD, PE, GE Page 8 geo-logic.com Field, E.H., Kramer, S., Elgamal, A.-W., Bray, J.D.,Matasovic, N., Johnson, P.A., Cramer, C., Roblee, C., Wald, D.J., Bonilla, L.F., Dimitriu, P.P., and Anderson, J.G. (1998). “Nonlinear Site Response: Where We’re At”. Seismological Research Letters, SSA. Vol. 69, No. 3, pp. 230-234. Matasovic, N.and Kavazanjian, E. Jr. (1998), “Cyclic Characterization of OII Landfill Solid Waste”. ASCE Journal of Geotechnical and Geoenvironmental Engineering. Vol. 124, No. 3, pp. 197 210. Matasovic, N.Kavazanjian, E., Jr., and Giroud, J.P. (1998). “Newmark Seismic Deformation Analysis for Geosynthetic Covers”. Geosynthetics International, IGS Journal. Vol. 5, Nos. 1 - 2, pp. 237-264. Matasovic, N.and Kavazanjian, E., Jr. (1998). “Performance of Solid Waste Landfills in Earthquakes”. Earthquake Spectra. Journal of the EERI. Vol. 14, No. 2, pp. 319-334. Kavazanjian, E., Jr.,Matasovic, N.Hadj-Hamou, T., and Sabatini, P.J. (1997). “Design Guidance: Geotechnical Earthquake Engineering for Highways”. Geotechnical Engineering Circular No. 3, DTFH61 94 C 00099. U.S. Department of Transportation, Federal Highway Administration. Washington, D.C. Vol. I 186 p., Vol. II, 163 p. Matasovic, N., Kavazanjian, E., Jr. and Yan, L. (1997). “Newmark Deformation Analysis with Degrading Yield Acceleration”. Proc. Geosynthetic ’97. Long Beach, California. Vol. 2, pp. 989-1000. Yan, L.,Matasovic, N.and Kavazanjian, E., Jr. (1996). “Seismic Response of Rigid Block on Inclined Plane to Vertical and Horizontal Ground Motions Acting Simultaneously”. Proc. 11th ASCE Engineering Mechanics Conference. Fort Lauderdale, Florida, Vol. 2, pp. 1110 1113. Matasovic, N.and Kavazanjian, E., Jr. (1996). “Observations of the Performance of Solid Waste Landfills During Earthquakes”. Proc. 11th World Conference on Earthquake Engineering. Acapulco, Mexico, CD-ROM Paper No. 341. Matasovic, N.and Vucetic, M. (1995). “Seismic Response of Soil Deposits Composed of Fully-Saturated Clay and Sand”. Proc. 1st International Conference on Earthquake Geotechnical Engineering. Tokyo, Japan, Vol. 1, pp. 611 616. Matasovic, N.and Vucetic, M. (1995). “Generalized Cyclic Degradation-Pore Pressure Generation Model for Clays”. ASCE Journal of Geotechnical Engineering. Vol. 121, No. 1, pp. 33 42. Richardson, G.N., Kavazanjian, E., Jr. and Matasovic, N.(1995). “RCRA Subtitle D (258) Seismic Design Guidance for Municipal Solid Waste Landfill Facilities”. EPA Guidance Document 600/R 95/051. United States Environmental Protection Agency. Cincinnati, Ohio. 143 p. Matasovic, N.and Vucetic, M. (1993). “Cyclic Characterization of Liquefiable Sands”. ASCE Journal of Geotechnical Engineering. Vol. 119, No. 11, pp. 1805 1822. Matasovic, N.(1991). “Selection of Method for Seismic Slope Stability Analysis”. Proc. 2nd International Conference on Recent Advances in Geotechnical Earthquake Engineering and Soil Dynamics. St. Louis, Missouri. Vol. 2, pp. 1057-1062. A-85 John Hower, PG, CEG Principal Geologist geo-logic.com Mr. Hower is a Certified Engineering Geologist with 29 years of experience in geology, engineering geology, landfill design, water quality data analysis, and construction quality assurance. His range of experience has provided strong leadership to oversee complex geologic and hydrogeologic investigations, corrective action design and construction, and regular evaluation of water quality data associated with solid waste facility monitoring and reporting programs. He has managed liner and cover projects, groundwater corrective action programs and the full range of solid waste programs from siting to closure. Mr. Hower also has been integrally involved in the California Department of Resources Recycling and Recovery’s Solid Waste Cleanup Program, completing hazardous waste characterization and remediation work at dozens of illegal or abandoned disposal sites throughout California. His strong knowledge of state and federal solid waste regulations serves to assist his clients to comply with current regulations. Geotechnical/Hydrogeologic Siting Studies, Proposed Santa Maria Landfill Master Plan, City of Santa Maria, California Project Manager responsible for developing a comprehensive scope to assess the geology, hydrogeology and geotechnical characteristics to support siting and design of a proposed 300-acre disposal site in the Solomon Hills near Santa Maria. Work included exploratory drilling and trenching, geophysical surveys, and field mapping to characterize old fills, alluvium, landslide deposits, and the Paso Robles Formation bedrock. Monitoring wells were constructed to depths of up to 760 feet and sampled to establish baseline water quality. Coordinated stability and seismic hazard analyses and liner design. Prepared a report summarizing the field activities, soil and groundwater test results, and geotechnical analyses. Prepared geologic, hydrogeologic, and geotechnical engineering aspects of the EIR for landfill permitting. Geotechnical Investigation and M&RP Development, Prima Deshecha, Orange County, California Lead Geologist responsible for overseeing geotechnical investigations in support of an extensive site expansion for this landfill. Performed geologic mapping of cut slopes and downhole logging of over 20 large diameter boreholes to assess landslide activity in the two development areas. Drilled, logged, installed, developed and sampled 12 bedrock groundwater monitoring wells across the site. Assisted with slope stability analyses and landslide evaluations. Provided geotechnical support for the revised Master Plan design negotiations with various Resource Agencies. Prepared a site-wide M&RP to monitor the deeper bedrock aquifer. EDUCATION Bachelor of Science, Geology, 1990 California State University, Long Beach Graduate courses in engineering geology and hydrogeology California State University, Los Angeles PROFESSIONAL REGISTRATIONS Professional Geologist, California, No. 6524 Certified Engineering Geologist, California, No. 2142 A-86 John Hower, PG, CEG Principal Geologist geo-logic.com Environmental and Geotechnical Services, City of Santa Cruz Landfill, Santa Cruz County, California Project Manager responsible for implementing groundwater monitoring and reporting services and providing a variety of environmental consultation services for the City of Santa Cruz Class III landfill. Liaison services to the City and the Water Board to ensure compliance with Title 27 regulations. Negotiated with the State for a waiver of installation of an additional off-site soil-pore gas monitoring probe to comply with recent greenhouse gas regulations. Worked with the City to provide geotechnical support and liner design for expansion of the landfill. Site Characterization and Design, Frank R. Bowerman Landfill, Orange County, California Project Geologist for geotechnical investigation and site characterization. Work included field geologic mapping, downhole logging of borings, construction of monitoring wells, and slope stability analysis for various phases of landfill expansion. Slope Stability and Fault Investigations, Puente Hills Landfill, Whittier, California. Project Manager responsible for developing and managing geotechnical investigations for landfill expansion into the eastern canyon areas. Work included supervising extensive drilling and sampling to assess slope stability of the proposed expansion subgrade, a fault investigation, groundwater and surface water seepage flow assessments, review of two- and three-dimensional slope stability analyses, seismic hazard assessment, and in- grade geologic mapping. Geologic Mapping for Desilting Basin Design, Puente Hills Landfill, Whittier, California Project Manager for development, commissioning, and managing geotechnical investigations to obtain specific geologic and engineering criteria for the design of two 5,000 cubic yard desilting basins. Investigation field work included geologic mapping, core drilling and sampling. Geologic Mapping, Newby Island Landfill, Santa Clara County, California Provided in-grade geologic mapping services during excavation of a new expansion cell at this landfill on the San Francisco Bay. Mapping included differentiation between Younger and Older Bay Muds, channel fill deposits, and various depositional lithofacies within these two formational materials. Slope Stability Analysis, South Miramar Landfill, San Diego, California Lead Geologist responsible for field mapping and slope stability analyses for a drainage channel that cuts into this closed landfill exposing landfill material. Slope stability analysis was performed for various proposed drainage improvements to eliminate/minimize further drainage scour while maintaining the integrity of the landfill slope cover. Geotechnical Investigation and M&RP Development, Savage Canyon Landfill, Los Angeles, California Project Manager responsible for geotechnical/hydrogeologic investigation for proposed landfill expansion. Work included field mapping, down whole logging of borings, an investigation of the Whittier fault, and preparation of geotechnical investigation report. Subsequently developed a Title 27 compliant Detection Monitoring Plan (DMP) and a Monitoring and Reporting Plan (M&RP) for the expansion area. Provided agency liaisons for approval of the DMP and M&RP on behalf of client. Gregory Canyon Landfill Site Development, San Diego County, California Field geologist assisting with preparation of EIR documents for review by the San Diego RWQCB. Conducted 24 and 72-hour constant rate pumping tests to evaluate aquifer properties, and modeled groundwater flow A-87 John Hower, PG, CEG Principal Geologist geo-logic.com conditions of various landfill configuration scenarios using USGS’ Visual MODFLOW to evaluate potential release scenarios. Slope Stability Analysis, Brawley Landfill, Imperial County, California Lead Geologist responsible for conducting slope stability analysis and geotechnical evaluation to assess the integrity of the landfill slopes being undercut by the adjacent New River. Work included logging of geotechnical borings, collection of soil samples for laboratory testing in support of slope stability analysis, and preparation of the geotechnical report. Slope Stabilization and Construction, Sybil Brand Institute for Women, Los Angeles County, California Project Geologist for geotechnical investigation of a distressed slope. Work included a drilling and downhole logging of borings to evaluate the depth and limits of the distressed slope resulting in recommendations to repair the slope and construct a crib wall for slope stabilization. Fault Investigation, Barstow Sanitary Landfill, San Bernardino County, California As a Field Geologist logged soil profiles and bedrock exposed in trenches excavated across surface traces of the Lenwood fault. Hydrogeologic Assessment, Engineering Feasibility Study, and CAP Pilot Study, Crazy Horse Class III Landfill, Monterey County, California Project Manager responsible for preparation of a detailed hydrogeologic assessment of a release along the eastern area of the Crazy Horse Landfill and incorporating the findings into a site-wide Engineering Feasibility Study to remediate groundwater in three release areas at this Class III site. Based on the EFS results, implemented a pilot scale bioaugmentation CAP. Work included preparation of a work plan to drill multiple injection points for an emulsion capable of providing a food source to in-situ micro-organisms to stimulate biodegradation activity and remediate contaminants in the surrounding groundwater. The results of the pilot study suggest its broader applications at the site. South Hilo Landfill Master Planning and Water Quality Monitoring and Reporting Program, County of Hawaii, Hawaii Project Manager responsible for review of landfill groundwater and perimeter gas monitoring systems, and preparing quarterly water quality monitoring reports in accordance with federal and state regulations. Worked with County of Hawai`i Solid Waste Management Department to assess adequacy of the monitoring system and developed recommendations for additional wells and soil-pore gas probes for site expansion. Responsible for evaluation of numerous design alternatives to extend the active life of the landfill and develop cost effective and viable alternatives to the prescriptive final cover system. Most recently provided oversight during construction of additional monitoring wells and probes. Groundwater Monitoring and CAP System Enhancement, Palos Verdes Landfill, Rolling Hills Estates, California Project Manager responsible for installation of groundwater extraction and monitoring wells to refine the existing groundwater treatment system for this Class I landfill. Supervised well development and collected aquifer recovery data to estimate hydraulic properties of the water-bearing zone. A-88 John Hower, PG, CEG Page 4 geo-logic.com Palos Verdes Landfill RI/FS, Los Angeles County, California Project geologist for the RI/FS program. Used the Mapping Contouring System (MCS) software to create a three- dimensional geologic model of the 15.3 square mile area surrounding the Palos Verdes. The geologic model served as a digital framework for subsequent groundwater flow and contaminant transport model. Brockman Lane Dump Site Investigation and Remediation Design, CalRecycle, Inyo County, California Coordinated geophysical (EM and GPR) investigations and site aerial survey to estimate waste limits. Using the results of the survey, conducted an investigation of the dump site to establish waste limits, cover thickness, and to characterize wastes. Excavated and logged exploratory trenches, collected background and waste samples, and coordinated laboratory analyses. Utilizing the results of the investigation, developed a report identifying the waste limits, existing cover soil thickness, and summarizing potential remediation alternatives. The report was provided to Inyo County, Los Angeles Department of Water and Power (DWP), and other stakeholders to select a preferred alternative. Following selection, supervised preparation of 30% and 60% designs for site remediation. Shinohara II Burnsite Remediation, CalRecycle, San Diego County, California Program Manager responsible for management of site remediation work to bring this abandoned dump site into compliance with State minimum standards. Supervised daily observation, testing, and documentation of CalRecycle’s remediation contractor. Reviewed weekly field reports, laboratory test data, daily construction test data, and vetted changes to engineering plans and specifications. Certified the final construction completion report. Worked with CalRecycle staff, City of Chula Vista, and the County local enforcement agency (LEA). Alternative Final Cover (AFC) Construction Quality Assurance (CQA) Program, Mead Valley Sanitary Landfill, Riverside County, California. Project Manager and CQA Officer responsible for overseeing daily QA/QC services during construction of a monolithic final cover. Reviewed field soils classification tests, nuclear density tests, and BAT permeability tests. Worked extensively with County and RWQCB personnel, attended regular site construction meetings and prepared as-built construction report. Geologic 3-D Modeling, Milliken and Mid-Valley Sanitary Landfills, San Bernardino County, California. Used the Mapping Contouring System (MCS) software to create a three-dimensional geologic model of the Milliken and Mid-Valley sanitary landfills. The geologic model served as a digital framework for subsequent groundwater flow and contaminant transport model in support of the Engineering Feasibility Study and Corrective Action Program. Geologic Modeling, Palos Verdes Landfill, Rolling Hills Estates, California. Project geologist for an RI/FS program. Used the Mapping Contouring System (MCS) software to create a three- dimensional geologic model of the 15.3 square mile area surrounding the Palos Verdes Landfill. The geologic model served as a digital framework for subsequent groundwater flow and contaminant transport model. Additional Professional Training OSHA Hazardous Waste Operations and Emergency Response Training (40-Hour) Nuclear Gauge Safety Training A-89 John Hower, PG, CEG Page 5 geo-logic.com Publications and Presentations Hower, John M. 2011. Bioremediation Pilot Study at the Crazy Horse Sanitary Landfill, presented at the SWANA Western Regional Symposium, May 2011. Hower, John M. and H. Ferriz. 1994. “MCS Geologic Models Help Solve Three Environmental Problems,” Proceedings of the 1994 Annual Meeting of the Geological Society of America, October 24-27, 1994. A-90 Alan Witthoeft, PE, GE Lead Geotechnical Engineer for Type I (WWTP) Mr. Witthoeft is a registered Geotechnical Engineer (California) with over 14 years of diverse geotechnical and geoenvironmental consulting experience. His capabilities include site investigation and characterization as well as advanced computer modeling in support of geotechnical and geoenvironmental design. His project experience includes slope stability evaluation, finite element method (FEM)- and finite difference method (FDM)- based deformation analysis, and geosynthetics design and construction observation. His numerical analysis software proficiencies include ABAQUS, FLAC, GeoStudio, Plaxis, DeepXcav, LPile, Settle3D, Shaft, and MSEW. He has evaluated static and seismic stability for landfill design and earthworks projects; has designed numerous earth-retaining structures (including Mechanically Stabilized Earth, MSE walls), deep and shallow foundations, and embankment fills; and has been involved with the application of geosynthetic materials for a variety of geotechnical and geoenvironmental projects. Notable Wastewater and Water Infrastructure Projects Main Street Pumping Plant Facility Upgrades (TAF-27), Carson, California – Geotechnical Exploration for Deep Excavation and Dewatering.Senior Engineer. The Main Street Pumping Plant Facility Upgrades project will include construction of a new sewer pumping plant adjacent to LACSD’s existing Main Street Pumping Plant. The proposed pumping plant will include a single story building above grade and a lower level approximately 30 to 40 feet below grade. Significant geotechnical aspects of the proposed project will include shored excavation, dewatering during construction, and permanent retaining walls, and waterproofing. Mr. Witthoeft oversaw geotechnical subsurface exploration (i.e., hollow-stem auger borings, cone penetration testing, and monitoring well installation), geotechnical lab testing, and analytical lab testing for the project. In addition, Mr. Witthoeft oversaw installation (using geoprobe), sampling, and abandonment of soil methane probe arrays. Mr. Witthoeft prepared reports covering key geotechnical aspects of the project as well as findings of the soil methane evaluation. Process Air Compressor (PAC) Replacement and Biotrickling Filter (BTF) Construction (TAF-24), San Jose Creek Water Reclamation Plant, Whittier, California – Construction Quality Assurance.Senior Engineer. Mr. Witthoeft oversaw geotechnical construction quality assurance (CQA) activities during PAC replacement and BTF construction at the San Jose Creek WRP. New at-grade construction included a control building, a EDUCATION Master of Science, Geotechnical Engineering, 2009 Purdue University Bachelor of Science, Civil Engineering, University of Oklahoma, 2007 PROFESSIONAL REGISTRATIONS Professional Geotechnical Engineer, California, No. GE3110 Professional Engineer, California, No. C80244 Professional Engineer, Texas, No. 115424 A-91 Alan Witthoeft, PE, GE Page 2 geo-logic.com BTF tank, centrifugal fans, and recirculation pumps. Below-grade construction included electrical duct bank installation, storm drain interconnection, and PAC piping replacement. Geotechnical activities included overexcavation and replacement of unsuitable subgrade soil to depths ranging from approximately 2 to 8 feet. CQA services included observation of soil excavation and placement; qualitative compaction testing using a soil probe; quantitative compaction testing using a nuclear moisture density gauge and a sand cone; soil sample recovery; geotechnical laboratory testing; and interface with on-site personnel. Joint Outfall C Unit 1 Force Main Rehabilitation (TAF-20), Los Angeles, California – Geotechnical Exploration for New Force Main and Surge Tower.Senior Engineer. The proposed Joint Outfall C Unit 1 Force Main Rehabilitation project is located along the east side of the Dominguez Channel, near an existing surge tower approximately 48 feet high. Two sanitary sewer force mains pass through a junction at the existing surge tower. The proposed construction will re-route a 60-inch force main to bypass the existing surge tower. The bypass will include an upstream tie-in structure, approximately 135 feet of new 60-inch line, and a downstream surge tower approximately 32 feet high. Mr. Witthoeft performed subsurface exploration, geotechnical lab testing, and analytical lab testing for the project and prepared a geotechnical report with key findings and recommendations for shoring, excavation-related ground deformations, and dewatering. Influent Sewer Gate Structure (TAF-22), Pomona Water Reclamation Plant, Pomona, California - Construction Quality Assurance.Senior Engineer. Mr. Witthoeft oversaw geotechnical construction quality assurance (CQA) activities during construction of a new influent sewer gate structure at the Pomona WRP. The gate structure consists of a below-grade reinforced concrete box structure with openings for existing 42-inch RCP sanitary sewer pipe. Shored excavation to a depth of approximately 12 feet was performed to access the gate structure subgrade. Unsuitable subgrade soil was excavated and replaced with crushed aggregate. After installation of the gate structure, the excavation was backfilled with CLSM and soil. CQA services included observation of soil excavation and placement; qualitative compaction testing using a soil probe; quantitative compaction testing using a nuclear moisture density gauge and a sand cone; soil sample recovery; geotechnical laboratory testing; and interface with on-site personnel. Gardena Pumping Plant Expansion (TAF-15), Gardena, California – Geotechnical Exploration for Deep Excavation.Senior Engineer. The Gardena Pumping Plant is the largest sanitary sewer pumping facility in LA County Sanitation District No. 5. Average flow through the two existing pumping facilities and into associated force mains is on the order of approximately 7.9 million gallons per day. LACSD plans a major expansion of the existing pumping station, including excavation below the groundwater table approximately 40 feet deep, as well as new 54-inch-diameter piping connection. These deep, shored A-92 Alan Witthoeft, PE, GE Page 3 geo-logic.com excavations will be performed adjacent to critical facilities, including Artesia Boulevard and the existing Gardena Pumping Plant, as well as existing commercial buildings. Mr. Witthoeft oversaw subsurface exploration, geotechnical lab testing, and analytical lab testing for the project. Based on the results of evaluations, he advised LACSD on key aspects of the project, including options for deep excavation shoring and ground deformations due to excavation and dewatering. Amar Road Relief Trunk Sewer (TAF-16), La Puente, California – Forensic Evaluation using Geophysical Methods.Senior Engineer. LACSD’s Amar Road Relief Trunk Sewer is an 18-inch-diameter vitrified clay pipe (VCP) sanitary sewer line installed in the early 1980s along City of La Puente street rights-of-way. Recently, the City of La Puente noticed several sinkholes along the alignment, which continued to develop at various locations. LACSD requested assistance to narrow down the possible causes of the sinkholes. Mr. Witthoeft oversaw field reconnaissance along approximately 1,500 feet of alignment and follow-up ground-penetrating radar (GPR) scanning. Based on results of visual observations, GPR scanning, and background research, Mr. Witthoeft provided LACSD with insights into the mechanisms likely causing the pavement distress features, as well as recommended remedial measures to address those mechanisms. Proposed Electrical Building (TAF-7), Long Beach Water Reclamation Plant, Long Beach, California – Geotechnical Subsurface Exploration.Project Engineer. Mr. Witthoeft acted as project engineer for investigation, evaluation, and foundation recommendations for a proposed electrical building and electrical substation at the Long Beach Water Reclamation Plant. The proposed improvements included construction of an at-grade, one-story electrical building with plan dimensions approximately 34 feet long by 14 feet wide, an at-grade electrical substation with plan dimensions approximately 25 feet long by 15 feet wide, and ancillary electrical conduit. The scope of work included permitting, utility clearance with a third-party geophysical subcontractor, subsurface exploration by means of exploratory borings, in-situ testing and recovery of representative soil samples, geotechnical laboratory testing of representative soil samples, evaluation of pertinent engineering and physical properties of tested samples, engineering evaluations, preparation of a geotechnical report, and review of construction drawings. Crafton Reservoir, East of Redlands, California – Evaluation of Reservoir Condition.Project Engineer. The surface area of the reservoir is 4.7 acres, and the embankment dam is 30 ft high. Work focused on site exploration and engineering evaluations in support of assessment of owner’s liability exposure by a third party. Exploration included visual observation of existing surface conditions; unmanned aerial vehicle (drone) overflight to collect aerial photographs and topographic information; GPS measurements for representative locations; geophysical testing, including ground penetrating radar (GPR), refraction microtremor (ReMi), seismic cone penetration test (SCPT); and hollow-stem auger borings. The results of engineering evaluations revealed that likely mode of failure is surficial sloughing; deep- seated failure that would impact the integrity of the reservoir was deemed unlikely under the loading assumed. A-93 Alan Witthoeft, PE, GE Page 4 geo-logic.com Based on the results of engineering evaluations, GLA developed a series of recommendations for remediation of site conditions. An improvement in site maintenance procedures was also proposed. Mentone Reservoir, Mentone, California – Evaluation of Reservoir Condition. Project Engineer. The surface area of the reservoir is 4.7 acres, and the embankment dam is 25 ft high. Work included assessment of the overall condition of the reservoir and development of retrofit recommendations. Exploration included visual observation of existing surface conditions; unmanned aerial vehicle (drone) overflight to collect aerial photographs and topographic information; GPS measurements for representative locations; geophysical testing, including ground penetrating radar (GPR) and refraction microtremor (ReMi); and hollow-stem auger borings. Project constraints included presence of large cobbles and boulders within the profile. Engineering evaluations revealed that likely mode of failure is surficial sloughing; deep-seated failure that would impact the integrity of the reservoir was deemed unlikely under the loading assumed. Based on the results of engineering evaluations, GLA developed a series of recommendations for remediation of site conditions. An improvement in site maintenance procedures was also proposed. Oroville Dam Emergency Spillway Recovery, Oroville, California – Construction Quality Assurance.Project Engineer. At 770 feet above the Feather River, the Oroville Dam is the tallest dam in the USA. In February 2017, portions of the dam’s concrete-lined main spillway failed, resulted in significant erosion and undermining of the main spillway. This issue was compounded by diversion of water flows to the dam’s unlined emergency spillway, which threatened to undermine the emergency spillway and release a massive quantity of water suddenly into the river below. Emergency remedial action was undertaken to reconstruct the dam’s spillway structures. This reconstruction effort was a major engineering undertaking, and construction was performed in a time span of about six months. The project was recognized in the February 2020 issue of ASCE’s Civil Engineering magazine as one of the top 10 Outstanding Civil Engineering Achievement award winners. Mr. Witthoeft mobilized to the site on short notice during startup of the concrete construction quality assurance (CQA) program to develop project-specific data management, analysis, and reporting tools for extensive, around-the- clock sampling and testing of concrete and aggregates. West Basin Municipal Water District, Edward C. Little Water Recycling Facility, El Segundo, California - Geotechnical Subsurface Exploration.Project Engineer. Mr. Witthoeft planned and executed a geotechnical evaluation for the Reverse Osmosis (RO) Cleaning-in-Place (CIP) Waste Discharge Project at the Edward C. Little Water Recycling Facility (ECLWRF) in El Segundo, California. The ECLWRF is a regional treatment plant that includes tanks, processing equipment, buildings, piping systems, utilities, pavements and limited landscaping areas. The planned site work included demolition of an existing clarifier and construction of an above- ground 80,000-gallon storage tank, a containment structure for the storage tank, and related piping. Exploration activities included preparation of a site-specific Health and Safety Plan, drilling and logging of five small-diameter borings, and laboratory testing. Deliverables included evaluation of seismic design parameters A-94 Alan Witthoeft, PE, GE Page 5 geo-logic.com and liquefaction potential, as well as geotechnical recommendations for proposed earthwork and foundation pad preparation. Proposed Pipeline and PRV Vaults, Thousand Oaks, California – Geotechnical Subsurface Exploration.Project Engineer. Mr. Witthoeft planned and executed a geotechnical evaluation for a water pipeline and pressure reducing valve (PRV) vaults along Warwick Avenue and within the Oakview Estates residential complex in Thousand Oaks, California. The project involved installation of approximately 1,700 linear feet of new water pipeline and two new pressure reducing valve (PRV) vaults. The project team provided worked with City of Thousand Oaks staff to obtain City permits for the field work. Exploration activities included site reconnaissance, traffic control, drilling and logging of four small-diameter borings, and laboratory testing. Surface restoration after the subsurface exploration included hot-mix asphalt pavement patching and removal of utility location paint marks. Mr. Witthoeft evaluated pavement sections along the project alignment and provided geotechnical recommendations regarding earthwork and foundation pad preparation for the pipeline and PRV vaults. Emergency Interconnection, Thousand Oaks, California – Geotechnical Subsurface Exploration.Project Engineer. Mr. Witthoeft planned and executed a geotechnical evaluation for an emergency interconnection between existing California American Water and City of Thousand Oaks water lines at the intersection of Moorpark Road and Gainsborough Road in Thousand Oaks, California. The project involved installation of a below-grade meter vault at the southwest corner of the intersection and new piping to connect the two water lines to the vault. The project team worked with City of Thousand Oaks staff to obtain City permits for the field work. Exploration activities included site reconnaissance, traffic control, drilling and logging of two small-diameter borings, and laboratory testing. Surface restoration after the subsurface exploration included hot-mix asphalt pavement patching and removal of utility location paint marks. Mr. Witthoeft evaluated pavement sections near the location of the new piping and provided geotechnical recommendations regarding earthwork and foundation pad preparation for the piping and interconnection vault. Notable Landfill and Brownfields Projects Proposed Electrical Facility Upgrades (TAF 18, Addendum 3), Scholl Canyon Landfill, Glendale, California - Geotechnical Investigation.Senior Engineer. The Scholl Canyon Landfill (SCLF) is a Class III municipal solid waste (MSW) located in the San Rafael Hills north of the Ventura Freeway. Electric power supply for the site includes overhead transmission lines entering the SCLF property near the site southwest corner. Electrical facility upgrades were planned to be constructed in this portion of the site. Construction was planned to include a reinforced masonry wall transformer enclosure and an at-grade switchboard pad. Mr. Witthoeft oversaw a geotechnical investigation including geophysical utility clearance, hollow-stem auger borings (into in-place MSW fill) to a depth of up to 31-½ feet, and geotechnical and analytical laboratory testing. Based on the results of the field investigation, Mr. Witthoeft evaluated the presence of in-place MSW fill, , as A-95 Alan Witthoeft, PE, GE Page 6 geo-logic.com well as the thickness of the overlying cover soil, and provided foundation recommendations for the proposed electrical facility upgrades. Proposed Flare Station Expansion (TAF-19), Scholl Canyon Landfill, Glendale, California - Geotechnical Investigation.Senior Engineer. The Scholl Canyon Landfill (SCLF) is a Class III municipal solid waste (MSW) located in the San Rafael Hills north of the Ventura Freeway. The existing flare station consists of 12 conventional flares and various appurtenances. Proposed expansion of the flare station included two additional flares, a control panel, and new gas piping. Mr. Witthoeft oversaw a geotechnical investigation including geophysical utility clearance, shear wave velocity measurement using ReMi, hollow-stem auger borings to a depth of 36-½ feet, and geotechnical and analytical laboratory testing. Based on the results of the field investigation, Mr. Witthoeft evaluated slope stability and seismic hazards, and provided recommendations for foundation design and earthworks for the proposed flare station expansion. Storm Water Capture (TAF-10), Puente Hill Material Recovery Facility (PHMRF), Whittier, California - Construction Quality Assurance.Project Engineer. Mr. Witthoeft managed construction quality assurance (CQA) activities during construction of a new stormwater capture and infiltration basin at the PHMRF. The focus of the CQA services was on conformance of the basin construction with geotechnical aspects of the project plans and specifications. Mr. Witthoeft also managed construction observation for items incidental to the basin (excavation and backfilling for grease interceptor, lift stations, and piping) on an on-call basis and provided timely feedback on construction practices to the client’s project manager. Based on field observations and laboratory testing, construction practices were generally found to conform to the project geotechnical requirements, and were able to be corrected (in cooperation with the client) in case of non-conformance. Proposed LFG to CNG Plant, Chiquita Canyon Landfill, Castaic, California - Geotechnical Exploration and Foundation Recommendations.Senior Engineer. A new landfill gas (LFG) to compressed natural gas (CNG) processing plant is proposed to be constructed at the Chiquita Canyon Landfill (CCL). The proposed plant location is the top deck of the Primary Canyon, an unlined portion of the CCL site which is closed with a soil cover. Thickness of in-place MSW in the proposed plant area ranges up to 170 feet. Potential geotechnical concerns included: (1) long-term settlement due to MSW in the subsurface; and (2) relatively high design seismic loading. Mr. Witthoeft oversaw preparation of a site-specific Health and Safety Plan (HASP) and field exploration, including one hollow-stem auger borehole and 12 CPT soundings with shear wave velocity measurement through in-place waste Mr. Witthoeft evaluated thickness of in-place waste and potential settlement, evaluated seismic hazard parameters for structural design, and provided recommendations for foundation construction and settlement monitoring. A-96 Alan Witthoeft, PE, GE Page 7 geo-logic.com Proposed Flare Station, Santa Maria Regional Landfill, Santa Maria, California - Geotechnical Exploration and Pile Foundation Recommendations.Senior Engineer. A new flare station is planned to be constructed at the Santa Maria Regional Landfill (SMRL), a Class III waste disposal site located in Santa Maria, California. The proposed flare station and associated equipment and piping will be constructed over in-place waste fill at least 20 feet in thickness. Significant design considerations for the flare station included thickness of waste, potential settlement magnitude, foundation type selection, and foundation capacity under vertical and lateral loading. Mr. Witthoeft oversaw preparation of a site- specific Health and Safety Plan (HASP) and field exploration, including two hollow-stem auger boreholes through in-place waste fill. Mr. Witthoeft performed engineering evaluations including the following settlement magnitude of in-place waste, recommended foundation type, and axial and lateral capacities for prestressed precast concrete foundation piles. Topgolf USA Burlingame Golf Center Redevelopment Project, Burlingame, California – Geotechnical Subsurface Exploration and Seismic Evaluation. Project Engineer. The proposed Topgolf USA Burlingame Golf Center Redevelopment Project will be constructed on the closed Burlingame Landfill. The proposed redevelopment will cover an area of approximately 15 acres and will incorporate a two-story building with restaurant facilities, and hitting bays, as well as targets, net poles, and netting downrange of the building. Potential hazards for the site include slope instability, strong earthquake shaking, liquefaction and lateral spreading, and differential settlement. The geotechnical scope of services included site characterization, evaluation of waste fill settlement, and evaluation of axial and lateral pile capacity. Supplemental evaluation focused upon establishing a site class and other parameters for seismic evaluations. Mr. Witthoeft performed preliminary pile design calculations, planned and executed the supplemental field investigation, and peer reviewed the geotechnical characterization report and seismic site response analysis report. Co-Disposed MSW and WWTP Sludge, Salton City Solid Waste Site, Salton City, California – Slope Stability Evaluation.Project Engineer. Mr. Witthoeft served as project engineer for stability evaluation of the Salton City Solid Waste Site (SCSWS) located near Salton City, California. The SCSWS is authorized to co-dispose wastewater treatment plant (WWTP) sludge at a ratio of 5 parts MSW to 1 part WWTP sludge. The client planned to increase the WWTP sludge intake, decreasing the MSW to sludge ratio from the approved 5:1 to, possibly, as low as 1:1. Mr. Witthoeft evaluated shear strength of WWTP sludge and MSW- sludge mixtures and performed landfill slope stability evaluation for various ratios of MSW to WWTP sludge import. Based on the results of evaluations, Mr. Witthoeft estimated that the client could double its import of WWTP sludge. A-97 Alan Witthoeft, PE, GE Page 8 geo-logic.com Waste Fill with Elevated Liquid Level, Confidential Landfill Site, San Mateo County, California - Stability Evaluation.Project Engineer. Mr. Witthoeft served as project engineer for the stability evaluation of a confidential landfill site located in San Mateo County, California. Based on measurements from piezometers installed in the waste fill, leachate levels appeared to be significantly elevated above the liner grade. The seepage forces, buoyancy forces, and saturation effects within the waste prism presented potentially significant concerns for static and seismic stability. Mr. Witthoeft performed evaluations to address the following potential issues: (i) Given the postulated elevated leachate levels, is the landfill in a state of incipient failure? (ii) Are remedial measures against elevated leachate head required? (iii) If so, what type of investigation is required to develop appropriate remedial measures? The results of stability evaluations suggested that the waste fill with elevated leachate levels might be inadequately to marginally stable but that dewatering could be used to allow waste filling to continue to final design grades. Cell CC-4 Back-Cut and Buttress Slope Stability Evaluation, Sunshine Canyon Landfill, Los Angeles County, California - Cut Slope Stability Evaluation.Project Engineer. Mr. Witthoeft served as project engineer for the stability evaluation of proposed back-cut and buttress fill grading plans for the Cell CC-4 expansion at Sunshine Canyon Landfill (SCL) in Los Angeles County, California. The portion of the SCL considered in this evaluation is generally underlain by sedimentary rocks of the Towsley Formation. The Towsley Formation in this area generally consists of an upper claystone stratum overlying a sandstone stratum. Slope stability of the Towsley Formation materials is significantly influenced by the strength and orientation of the bedding planes. Moist conditions observed in the bedrock, as well as piezometer measurements, suggested the presence of relatively shallow groundwater. Mr. Witthoeft performed back-analysis of observed landslides at the site to estimate shear strength of the Towsley Formation claystone and performed forward stability analyses to develop recommended geometry for back-cutting and buttress fill placement to provide a stable interim condition for composite liner construction and placement of new waste fill. Riverbend Landfill , Yamhill County, Oregon - MSE Perimeter Berm Design. Staff Engineer. Performed external and internal stability calculations for permit-level design of a 40 ft-high wrapped-face MSE berm using a combination of analytical methods, slope stability software, and specialized MSE berm design software. The permit was approved in May 2013, making this MSE berm the first permitted for a landfill site in the subduction zone earthquake area along the West Coast. Tajiguas Landfill, Santa Barbara, California - Geosynthetics Construction Quality Assurance.Staff Engineer. Mr. Witthoeft performed on-site construction quality assurance (CQA) during placement of engineered fill and subdrainage within an existing channel and during placement of composite liner system geosynthetics (GCL and HDPE geomembrane). Reviewed various contractor submittals for conformance with specifications. Marine Corps Air Ground Combat Center Landfill No. 2 Southern Expansion, Twentynine Palms, California - Geosynthetics Design and Construction Quality Control.Staff Engineer. Mr. Witthoeft performed various design calculations for veneer stability of the operations / LCRS soil layer as well as for wind uplift and thermal expansion/contraction loading of the composite liner system. Performed construction quality control (CQC) for placement of concrete in drainage channels and for placement of geosynthetic composite liner system (GCL and HDPE geomembrane). A-98 Alan Witthoeft, PE, GE Page 9 geo-logic.com Notable Finite Difference and Finite Element Modeling Projects Newby Island Sanitary Landfill, San Jose, California – Seismic Deformation Analysis.Senior Engineer. The Newby Island Sanitary Landfill (NISL) is a municipal solid waste (MSW) landfill in an environmentally-sensitive estuarine setting along the southern margins of the San Francisco Bay. It is separated from the adjacent tidal marshlands by a perimeter levee. During design for a vertical expansion, liquefaction was identified as a hazard which could compromise the perimeter levee. Cement deep soil mixing (CDSM) was performed to mitigate the liquefaction hazard. Mr. Witthoeft evaluated adequacy of the ground improvement from a performance (i.e., seismic displacement) standpoint. The innovative approach to this evaluation used advanced numerical modeling with FLAC software, including its dynamic and user-defined constitutive model (UDM) capabilities. Based on the model results, Mr. Witthoeft demonstrated that the CDSM ground improvement can successfully limits seismic displacements to less than the allowable values. This innovative numerical modelling approach provided a major savings to the client and offers significant potential to optimize CDSM design and construction for future phases. California HSR Project, Fresno, Tulare and Kings Counties – Seismic Deformation Analysis using program FLAC.Senior Engineer. The California High-Speed Rail Project will connect Los Angeles and San Francisco in under three hours at speeds over 200 miles per hour. Construction Package 2-3, which extends approximately 60 miles from Fresno to the Tulare-Kern County line, will include approximately 36 grade separations, including viaducts, underpasses and overpasses. Mr. Witthoeft provided The Reinforced Earth Company (RECo) with specialty numerical modelling services to evaluate static and seismic deformation of a series of mechanically stabilized earth (MSE) walls at these proposed grade separations. Mr. Witthoeft developed a set of numerical models for the MSE walls using FLAC v 8.0, and evaluated deformation along the wall faces under static and seismic loading conditions. Idaho National Laboratory Pad A Closure - Void Collapse Evaluation and Modeling. Project Geotechnical Engineer.Pad A of the Idaho National Laboratory (INL) Superfund Site is a disposal area where containerized (i.e., in drums and wooden boxes) low-radioactive waste was disposed of. The closure design calls for capping of this area with an Evapotranspirative (ET) cover. Because, on a sufficiently long time scale, the drums are corrodible and containers are putrescible, a concern was raised about the surficial manifestation of their collapse (e.g., potential adverse impacts on the ET cover performance). The team investigated and evaluated site conditions, and developed a two-dimensional (FLAC v8.0) model of the relevant portion of the site. Void collapse was simulated in the FLAC model by applying reduced stiffness properties and resetting vertical and horizontal stresses to zero at various locations within the containerized waste mass. The results indicated that void collapse would not adversely affect the performance of the ET cover. A-99 Alan Witthoeft, PE, GE Page 10 geo-logic.com Nu-Way Arrow Pit, Irwindale, California – Void Collapse Evaluation and Modeling.Project Geotechnical Engineer. The Nu-Way Arrow Pit is a former sand and gravel quarry which has been converted to a Construction and Demolition (C&D) landfill. For much of the C&D landfilling history, the fill material was placed in an uncontrolled manner, periodically with limited or no processing. As such, concern was raised about the potential for “void collapse” and its impacts on future developments at the site. Dr. Matasovic and his team investigated and evaluated site conditions, including hydrogeological and depositional (i.e., density and void size) conditions within the profile and developed a two-dimensional (FLAC v7.0) model of the site. Void collapse (due to oversize fill materials, collapse on wetting, and/or seismic loading) was simulated by applying nodal displacements in a randomized manner. The results indicated that void collapse at depth could be mitigated by proper engineering measures. Offshore Indonesia - Gas Hydrate Study.Project Geotechnical Engineer. Developed a modeling approach using FLAC to evaluate effects of gas hydrate dissociation-induced soil movements along the top 2,000 ft of conductor and casing for five proposed subsea petroleum production well sites. Developed and implemented constitutive models in FLAC to represent API-recommended unit skin friction-displacement behavior (t-z curves) for monotonic and cyclic loading conditions as well as to represent cement grout shear behavior. Performed extensive FLAC model verification trials and compared output against output generated using BMCOL. Co-authored two publications documenting the analytical and numerical methods developed for this project. Reviewed and critiqued the work of a subcontractor hired to perform an independent analysis using FLAC3D software. Poseidon Desalination Plant, Huntington Beach, California – Geotechnical Subsurface Exploration and Fault Rupture Propagation Evaluation.Project Engineer. Planned and coordinated a field investigation using seismic CPT to establish relevant parameters for subsequent analyses. Performed a finite element analysis using the SIGMA/W software package to evaluate effects on proposed desalination plant structures due to rupture of a subsurface fault traversing the site. Prepared figures and report sections conveying relevant results of the finite element analysis. Researched southern California tsunami hazards, developed a tsunami hazard analysis methodology, and prepared figures and report sections documenting tsunami hazard assessment. Developed and delivered a presentation to the California Coastal Commission explaining tsunami hazard analysis methodology and outlining relevant findings. Prepared relevant sections of the final geotechnical report for the site. Publications The following list illustrates Mr. Witthoeft’s publications. PDF-s of most of these publications can be downloaded from https://www.researchgate.net/profile/Alan_Witthoeft A-100 Alan Witthoeft, PE, GE Page 11 geo-logic.com Journal Papers Kim, H.,Witthoeft, A.F., and Kim, D., (2018), “Numerical Study of Earth Pressure Reduction on Rigid Walls using EPS Geofoam Compressible Inclusions,”Geosynthetics International, Vol. 25, No. 2. Witthoeft, A.F.and Kim, H., (2016), “Numerical Investigation of Earth Pressure Reduction on Buried Pipes using EPS Geofoam Compressible Inclusions,”Geosynthetics International, Vol. 23, No. 4. Hatami, K., and Witthoeft, A.F.(2008), “A Numerical Study on the Use of Geofoam to Increase the External Stability of Reinforced Soil Walls,”Geosynthetics International, Vol. 15, No. 6. Hatami, K.,Witthoeft, A.F., and Jenkins, L.M. (2008), “Influence of Inadequate Compaction near the Facing on the Construction Response of Wrapped-Face MSE Walls,”TRR, No. 2045. Conference Papers Witthoeft, A.F.,Warner, R.M., and Matasovic, N., (2019), “Dynamic Numerical Evaluation of Landfill Perimeter Levee on Liquefiable Subgrade Mitigated with Cement Deep Soil Mixing,”GeoCongress 2019, Philadelphia, PA (accepted). Witthoeft, A.F.,Kim, H., and Kim, D., (2018), “Impacts of EPS Inclusion Density and Backfill Soil Type on Earth Pressure Reduction around a Buried Pipe,”11ICG (accepted). Witthoeft, A.F., Westgate, Z.J., and Long, X., (2017), “Extraction Resistance of Suction Anchors in Fine- Grained Soil,” Presented at Conference on Maritime Energy, Hamburg, Germany. Witthoeft, A.F., Long, X., and Tjok, K.M., (2015), “Numerical Implementation of Soil-Pile Interaction Models for Monotonic and Reversed Axial Loading,” Presented at 3rd International Symposium on Frontiers in Offshore Geotechnics, Oslo, Norway. Long, X., Tjok, K.M., Wright, C.S., and Witthoeft, A.F.(2014), “Assessing Well Integrity using Numerical Simulation of Wellbore Stability during Production in Gas Hydrate Bearing Sediments,”2014 Offshore Technology Conference, Houston, Texas. Witthoeft, A.F., Conkle, C.S., and Stern, A. (2014), “Techniques for In-Situ Evaluation of Stormwater Infiltration Rate,”GeoCongress 2014,Atlanta, GA. Matasovic, N., Conkle, C.,Witthoeft, A.F., Stern, A., and Hadj-Hamou, T. (2013), “Back Analysis of Landslide Deposit Basal Failure Plane Residual Shear Strength,”2nd IACGE, Chengdu, China. Witthoeft, A.F., Santagata, M.C., and Bobet, A. (2012), “Numerical Study of the Effectiveness of Bentonite Treatment for Liquefaction Mitigation,”GeoCongress 2012,Oakland, CA. Hatami, K., and Witthoeft, A.F.(2007), “Reduction of Backfill Earth Pressure in Reinforced Soil Walls using Geofoam,” Presented at TRB 86th Annual Meeting,Washington, DC. Thesis Witthoeft, A.F.(2009), “Modeling of Liquefaction Mitigation using Bentonite,”M.S. Thesis,Purdue University, West Lafayette, IN. A-101 Mark W. Vincent, PG, CEG, CHG Lead Geologist for Type I (WWTP) / Type II (LF) geo-logic.com Mr. Vincent is a Senior Geologist with more than 30 years of experience in engineering geology and hydrogeology. He has extensive experience logging and sampling borings and trenches, designing and installing wells (including extraction, re-injection, water supply, multi-port and nested wells), mapping geologic structures, conducting geophysical surveys, and computer modeling of diverse geologic and hydrogeologic regimes. Mr. Vincent also performs a variety of tasks including pumping tests and well design, field construction coordination, review, and oversite, hydrogeologic and geotechnical analyses, geologic hazard evaluations, and slope stability analyses. He also has extensive direct experience applying a range of computer-based models including hydrogeologic modeling of complex hydrogeologic conditions using MODFLOW as well as other modeling programs. Geotechnical Investigation, Sunshine Canyon Landfill, Los Angeles County, California Lead Geologist for a geotechnical investigation of plunging syncline and anticline structures for stability analyses and construction of a stabilization buttress. Project included an investigation of a recently mobilized landslide area, geologic mapping, borehole instrumentation, and core logging of borings to identify the depth and geometry of the landslide. Vibrating wire piezometers were instrumented in borings to monitor pore pressures. Project also included installation of over 24,000 feet of horizontal drains with some extending over 1,400 feet laterally to dewater and stabilize slopes. Kinematic Rock Slope Analysis, Scholl Canyon Landfill, Los Angeles, California Senior Geologist responsible for conducting in-grade mapping of an excavation of fractured rock slopes and performed a kinematic slope stability analysis of proposed cut slopes. Geotechnical and Hydrogeologic Investigation, United Rock Products Pits 2 and 3, City of Irwindale, California Lead Geologist responsible for geotechnical and hydrogeologic investigation for characterization of site materials that included Becker Density Testing, collection of undisturbed, in- situ aggregate samples, petrographic analysis, and analyses of groundwater and precipitation trends for the San Gabriel Valley. Geotechnical Investigation and Slope Remediation, Olive Pit Quarry, City of Irwindale, California Lead Geologist responsible for characterizing site materials, mapping site geology and erosion patterns, directed repair of severe slope erosion that impacted adjacent city streets and utilities and provided recommendations for erosion protection and slope stabilization. EDUCATION Master of Science, Geology, 1988, California State University, Los Angeles Bachelor of Science, Geology, 1985 California State University, Los Angeles PROFESSIONAL REGISTRATIONS Registered Geologist, California, No. 5767 Certified Engineering Geologist, California, No. 1873 Certified Hydrogeologist, California, No. 865 PROFESSIONAL TRAINING OSHA 40-Hour HAZWOPER Training Desert Tortoise Awareness Training A-102 Mark W. Vincent, PG, CEG, CHG Page 2 geo-logic.com Geotechnical Investigation, Prima Deshecha Landfill Expansion, Orange County, California As Senior Geologist, performed in-grade geologic mapping and trench logging during the excavation of the Phase A1 fill area. Identified shear planes that resulted in modification of the composite liner system design. Also performed in grading inspection of landslide removals for expansion of the landfill. Geotechnical Investigation, Savage Canyon Landfill, Whittier, California Project Geologist responsible for conducting in-grade mapping of an excavation of an old, non-engineered fill to identify removal limits and geologic strata and structural conditions beneath the fill. Geologic/Hydrogeologic Investigation, Central Landfill, Sonoma County, California Lead Geologist responsible for a geotechnical and hydrogeologic investigation, landfill engineering and a fault study in support of landfill expansion. The project included drilling of 8 borings to 100 to 300 feet, which were initially cored with HQ-wireline coring equipment and the reamed for borehole geophysical logging (caliper, electrical resistivity, acoustic televiewer and heat-pulse flow) and subsequently completed as groundwater monitoring wells. Step-drawdown and 24-hour aquifer pumping tests were performed within the fractured crystalline bedrock. The pumping test data, geophysical logs and water quality data were used to develop the characteristics of the bedrock aquifer and develop a groundwater monitoring network. A fault study was also performed and included extensive trenching to evaluate the age of faulting. Geotechnical/Hydrogeologic Investigation, Santa Cruz Class III Landfill, Santa Cruz, California Lead Geologist for geotechnical/ hydrogeologic studies for landfill expansion and characterization of landfill impacts to groundwater. Project work included geologic and hydrogeologic characterization, monitoring system design and construction, liner design and construction, and City and RWQCB liaison assistance. Work also included development and implementation of an EMP that defined the nature and extent of VOC contamination at the site. Based on the site conditions, a “continued monitoring” approach was recommended and approved by the RWQCB. Work also included using three-dimensional finite difference computer software (MODFLOW) to model subdrain spacing requirements for phases of the landfill development that were proposed to be constructed below the groundwater potentiometric surface. Geologic Mapping, San Timoteo Landfill, San Bernardino, California Lead Geologist responsible for conducting detailed geologic mapping of complex “badlands” area characterized by poorly indurated, young sedimentary rock in proximity to the San Jacinto fault. Geotechnical Investigation, Barstow Landfill Expansion, San Bernardino County, California Lead Geologist responsible for conducting extensive field mapping, trenching, soil stratigraphic analysis, and seismic refraction surveying to identify faulting through a proposed landfill expansion area. Geotechnical Investigation, Frank R. Bowerman Landfill, Orange County, California Lead Geologist for a geotechnical investigation of complex geological environment for landfill expansion area. Project included an investigation of a recently mobilized landslide area, geologic mapping, downhole logging of borings, and continuous coring of rock to identify the depth and geometry of the landslide. Installed thousands of feet of horizontal drains to stabilize slopes. A-103 Mark W. Vincent, PG, CEG, CHG Page 3 geo-logic.com Geotechnical and Hydrogeologic Investigation, Elsmere Canyon Landfill, Santa Clarita, California Project Geologist for investigation of the proposed landfill included fault investigations, on-site materials investigations, packer testing, and well design and installation in sedimentary and fractured igneous rock. Geotechnical and Hydrogeologic Investigation, Bakersfield Metropolitan Landfill, Bena, California Staff Geologist for site characterization; groundwater monitoring well design, construction, testing, materials assessment for geotechnical performance and use as low-permeability liner and cover; and paleoseismological investigations of on-site faults. Geotechnical and Hydrogeologic Investigation, EPC Disposal Facility, Bakersfield, California Lead Geologist for geotechnical and hydrogeologic study in support of an RI/FS. Work included packer testing for evaluation of fluid flow in fractured sedimentary rocks and soil pore gas sampling of the vadose zone to evaluate VOC migration. Monitoring wells were installed in continuously cored borings and slug and bail tests were conducted. Also conducted extensive drilling and soil sampling to characterize the contaminant levels in soil surrounding this hazardous waste disposal site. Currently responsible for overseeing water quality monitoring and preparation of semiannual water quality monitoring reports. Hydrogeologic Investigation, Gregory Canyon Landfill, San Diego County, California Project Geologist responsible for drilling oversight and preparation of boring logs through crystalline bedrock. Conducted long-duration aquifer pumping tests in crystalline bedrock to assist with the aquifer characterization and performed pumping test data analysis using computer based aquifer test software in support of the hydrogeologic investigation. Performed groundwater modeling of the proposed site using three-dimensional finite difference computer modeling software (MODFLOW) to demonstrate efficacy of the groundwater monitoring program and to show likely routes of simulated groundwater impacts from the site. Hydrogeologic Study, Colton Landfill, Colton, California Staff Geologist for well construction and aquifer assessment using a variety of well testing techniques. The hydrogeologic conditions of the site were defined, a groundwater and contaminant transport model was developed, and remedial alternatives were evaluated to mitigate leachate migration to the adjacent river and regional aquifer. Hydrogeologic Characterization and Groundwater M&RP, Stringfellow Hazardous Waste Site, Riverside County, California Lead Geologist for this high-visibility Superfund project and former Class I industrial waste disposal facility, for the California Department of Toxic Substances Control (DTSC). Work has included geologic and hydrogeologic investigations, development of a 3-dimensional groundwater flow model, semi-annual groundwater monitoring and reporting, and additional services as required in support of the site characterization, contaminant plume definition, and ultimately, site remediation. Field activities included drilling 33 borings, downhole video surveys, and recovery of about 2800 feet of continuous core in both alluvium and bedrock, and 1345 feet of oriented core in bedrock. At total of 22 aquifer pumping tests have been performed and evaluated along with data from over 400 on-site and off-site wells to support the 3-D groundwater flow model. Following collection of semiannual samples, statistical and trend analyses are presented with contaminant concentration maps as part of the semiannual reporting program for the DTSC. A-104 Mark W. Vincent, PG, CEG, CHG Page 4 geo-logic.com Hydrogeologic Investigation and Groundwater Modeling, Milliken Sanitary Landfill, San Bernardino County, California Lead Geologist for a hydrogeologic investigation including extensive aquifer pumping tests to evaluate the hydrogeologic characteristics of a two-tiered aquifer system in support of a Corrective Action Plan for remediation of a groundwater contamination plume, and drilling and installation of groundwater extraction wells. Utilized computer groundwater modeling (MODFLOW) to estimate effective pumping and reinjection conditions on the aquifer. Shoreline Landfill, Hydrogeologic Modeling Study, Santa Clara County, California Project Geologist for hydrogeologic study including modeling of existing and predicted future groundwater flow at an existing Class I landfill site using finite element computer modeling software and three-dimensional finite difference computer modeling software (MODFLOW). Slope stability analyses were also performed to evaluate how remediation efforts might affect stability of the refuse prism and cover constructed on sensitive bay mud. Evaluation Monitoring Program, Yucaipa Landfill, San Bernardino County, California Interpreted geology on cross sections and developed a three-dimensional groundwater flow model using the computer program MODFLOW. Geotechnical Assessment, Southeast Reservoir Site, City of Huntington Beach, California Detailed logging of continuously sampled borings was performed to correlate with cone penetration testing for development of a three-dimensional fluvial and estuary stratigraphy. The report provided an assessment of geotechnical, geologic, and seismic constraints pertaining to the property. Geotechnical Characterization, Victorville Sanitary Landfill, San Bernardino County, California Drilled, sampled, and analyzed alluvial and granitic deposits for expansion of the existing landfill. Analyses were performed for geotechnical and foundation conditions for future development and for utilization of excavated deposits for use as construction aggregate. Fault Investigation, Landers Landfill Expansion, San Bernardino County, California Lead Geologist responsible for mapping exploratory trenches excavated to expose faulting at the site. Faults were located and soil stratigraphic analyses were performed to determine a minimum age of last displacement. Geologic Mapping, San Timoteo Landfill, San Bernardino, California Lead Geologist responsible for conducting detailed geologic mapping of complex “badlands” area characterized by poorly indurated, young sedimentary rock in proximity to the San Jacinto Fault. Alquist Priolo Special Studies Zone Investigation, Milpitas, Santa Clara County, California Logged exploratory trenches in an AP Zone along the Crosley Fault. Used soil stratigraphic development to clear the area of active faults. Fault Investigation, Hollister, San Benito County, California Logged exploratory trenches excavated to expose the Calaveras Fault and established exclusion zones at the site. A-105 Stacy Baird CQA Lead for Type I (WWTP) / Type II (LF) www.geo-logic.com Mr. Baird is a Vice President with GLA who serves as the firm’s Construction and Environmental Field Services Manager. Mr. Baird has managed and supervised Construction Quality Assurance (CQA) staff on more than 50 landfill composite liner system projects and more than 40 landfill final cover projects. He has provided Plan and Specification review, constructability evaluation, and regulatory liaison services for these projects, representing his clients to various local and State regulatory agencies. He is the coordinator responsible for staffing, staff training, equipment requisition and maintenance, laboratory coordination, and scheduling sampling activities for groundwater monitoring programs as well. In addition Mr. Baird has participated in a wide variety of geotechnical projects throughout California, including field investigations, geologic hazard evaluations, geotechnical analyses, and landfill cover and liner system design. Construction Quality Assurance Experience Composite Liner System CQA for Phase IIIA and CC4, Part 1 at the Sunshine Canyon Landfill, Los Angeles County, California CQA Manager for CQA services during construction of over 51,000 cubic yards of low-permeability soil liner, 1.7 million square feet of FML, and 844,250 square feet of GCL for two phases of composite liner system. Composite Liner System CQA, Chiquita Canyon Landfill Cells 4 and 5, Los Angeles County, California CQA Manager during construction of composite liner systems for Cells 4 and 5. The liner systems included placement of approximately 1.2 million square feet geomembrane liner components and 390,000 cubic yards of low- permeability soil. Carson Marketplace Landfill Geosynthetic Final Cover CQA, Los Angeles County, California CQA Manager responsible for daily field services and project coordination during construction of final soil/geosynthetic final cover system that included 52,000 cubic yards of engineered fill, and 1.8 million square feet of LLDPE. Site was closed to facilitate redevelopment as a commercial sales property. Composite Liner System CQA, Phases II-C and III-A, Toland Road Landfill, Ventura County, California CQA Manager of construction of a composite liner system for Phases II-C and III-A expansions. The Phase II-C liner system included CQA supervision for 383,000 square feet of GCL and 386,000 square feet of each geosynthetic component. The Phase III-A liner system included 900,000 square feet of 60- mil HDPE geomembrane over 67,000 cubic yards of low permeability soil. Prepared construction certification report and provided support to Ventura Regional Sanitation Districts with the regulatory agencies. Composite Liner System CQA for Phases 1, 1A, and 1B - Tajiguas Landfill, Santa Barbara County, California CQA Manager during construction of the 8-acre Phase 1, 5-acre Phase 1A, and the 5-acre Phase 1B composite liner systems. The Phase 1 side-slope EDUCATION Bachelor of Science, Geology, California State University (Fullerton), 1990 TRAINING OSHA 40-Hour HAZWOPER training OSHA 8-Hour Annual HAZWOPER refresher training Nuclear Gauge Training and Certification Certified Geosynthetic Material/Compacted Clay Liner Inspector-GCI A-106 Stacy Baird Page 2 www.geo-logic.com composite liner system included placement of 340,000 square feet of GCL and geomembrane components over 3,500 cubic yards of low permeability soil. The Phase 1A composite liner system included placement of 220,000 square feet of GCL and geomembrane layers over 33,000 cubic yards of low permeability soil. The Phase 1B composite liner system included construction of 218,000 square feet of 60-mil HDPE over GCL and 3,400 cubic yards of low-permeability soil. Supervised all aspects of CQA, coordinated laboratory testing, report preparation, and provided regulatory support during construction certification. Phase 2, Phase 3, Part 1, Southeast Stockpile, and H2S Treatment System Pad Partial Final Closure CQA at the Tajiguas Landfill, Santa Barbara County, California CQA Manager during construction of a monolithic alternative final cover system over three portions of the landfill. The final cover soils totaled approximately 260,000 cubic yards of select fill. Responsible for review of daily field documents, test results, attending construction meetings, preparing the construction completion reports, and providing liaison between the County of Santa Barbara and the regulatory agencies. Unit 1 Partial Final Closure Construction and Composite Liner Systems for Phases 1, 2, 3+4, 5A, 5B, 6 and 7 at the Mid-Valley Landfill, San Bernardino County, California CQA Manager during construction of the first lined cell and six subsequent phases of liner construction at this landfill. Developed CQA Plan, and supervised all CQA activities related to construction of these double composite liner systems. Liner system elements included approximately 328,000 cubic yards of low permeability soils on floor and side slope areas, over 4.5 million square feet of GCL, and over 9.7 million square feet each of 60-mil HDPE and geotextiles. Composite Liner System CQA, Phase 1B-Stages 1 and 2 at the Victorville Sanitary Landfill, San Bernardino County, California CQA Manager during construction of composite liner systems for Stages 1 and 2 of the Phase 1B expansion. Combined, the two phases comprise 38 acres, and the work included field observation, testing, and documentation during installation of more than 1.6 million square feet of 60-mil HDPE geomembrane, 1.1 million square feet of GCL, and 19,300 cubic yards of low permeability soil. Mr. Baird managed field staff, coordinated laboratory testing, prepared construction certification report, and provided liaison services between San Bernardino County and the regulatory agencies. Composite Liner System CQA, Phase 1 Expansion at the Barstow Sanitary Landfill, San Bernardino County, California CQA Manager during construction of the first lined cell at this regional landfill. Work included field observation, testing, and documentation during installation of more than 884,000 square feet of 60-mil HDPE geomembrane, 552,000 square feet of GCL, and 11,000 cubic yards of low permeability soil. Mr. Baird managed field staff, coordinated laboratory testing, prepared construction certification report, and provided liaison services between San Bernardino County and the regulatory agencies. Composite Liner System CQA, Phases A, A1, B, C1 and C2, Prima Deshecha Landfill, Orange County, California CQA Manager of multiple phases of composite liner systems. Developed and implemented the CQA Plans for each expansion phase and supervised CQA for over 183,000 cubic yards of low-permeability soil liner and LCRS sand and gravel and over 4.4 million square feet of each geosynthetic liner component. Composite Liner System CQA at the Frank R. Bowerman Landfill, Orange County, California As the Project Geologist, performed geotechnical investigations for Master Plan development for liner and cover construction specifications. Prepared the QA Plans for construction of the FML and clay composite liner system. As CQA Manager, provided oversight during construction of the 6-acre Phase 5D liner system that includes 10,000 cubic yards of low-permeability soil liner and 260,000 square feet of FML and GCL liner components. A-107 Stacy Baird Page 3 www.geo-logic.com Composite Liner System CQA, Modules 2/3, A, B, C, D and E at the West Miramar Landfill, City of San Diego, California CQA Manager during construction of six (6) composite liner systems, including the last expansion area – Module E, completed in 2009. Each module ranged from 22 to 45 acres in size, with a total expansion area size of 203 acres. In total, over 655,000 cubic yards of low-permeability soil and over 8.8 million square feet each of 80-mil HDPE and geotextiles have been placed on both floor and slopes at this facility. Composite Liner System CQA, 3 Phases, American Avenue Landfill, Fresno County, California CQA Manager during construction of three expansion phases at the American Avenue Landfill. The Phase 2, Module 8 liner system covered 10 acres and included placement of 435,600 square feet of GCL and 450,000 square feet of 60-mil HDPE geomembrane. The Phase 3, Module 1 expansion covered about 18 acres and included CQA for about 775,000 square feet each of GCL and 60-mil HDPE geomembrane and geotextiles. The Phase 3, Module 2 expansion covered more than 30 acres, and included CQA services for more than 1.3 million square feet each of 60-mil HDPE geomembrane, various geotextiles, and GCL. As Principal-in-Charge, provided oversight of all CQA Monitors, billing, report preparation, and regulatory liaison between the County and the regulatory agencies. Composite Liner System CQA for Phase 1A Expansion at the Salton City Solid Waste Site, Imperial County, California CQA Manager during construction of the first major expansion of this regional disposal facility. The 14.5-acre expansion included 632,600 square feet of 60-mil HDPE; 690,300 square feet of 40-mil HDPE; 1,322,600 square feet of geocomposite drainage fabric; and 50,000 cubic yards of low-permeability soil. Served as a liaison between the client and regulatory agencies. Composite Liner System CQA at the Los Reales Landfill, Tucson, Arizona CQA Manager during construction of a 23-acre alternative composite liner system utilizing GCL and FML in lieu of low-permeability soil on the floor and side slope areas. Supervised the CQA of over 1 million square feet of geosynthetics installation. Composite Liner CQA at the Hay Road Landfill, Solano County, California CQA Manager during construction of the composite liner system for Disposal Module DM-4.2 and DM-2.2 expansion. The expansion included placement of 525,000 square feet of 60-mil HDPE and geotextiles, 262,000 square feet of GCL, and 24,500 cubic yards of low permeability soil. Prepared construction completion report for certification by the regulatory agency. Composite Liner System CQA, Caja Del Rio Sanitary Landfill, Santa Fe, New Mexico CQA Manager during construction of the Cell 4B composite liner system in support of landfill expansion. Project included QA/QC testing and documentation for 610,000 square feet of 60- and 80-mil HDPE geomembrane, 300,000 square feet of GCL, and 13,000 cubic yards of low permeability soil. Composite Liner System CQA, Lamb Canyon Landfill, Riverside County, California CQA Manager during construction of the composite liner system for Phase 2, Stage 2. The liner system included placement of approximately 1.3 million square feet geomembrane liner components, nearly one million square feet of GCL and 11,000 cubic yards of low-permeability soil. Composite Liner System CQA, Phases I and IV, Badlands Landfill, Riverside County, California CQA Manager of construction of a composite liner system for Phases I and IV expansion. Project included CQA supervision for a total of 13,000 cubic yards of low-permeability soil, 300,000 square feet of GCL, a total of 610,000 square feet of 60- and 80-mil HDPE geomembrane, and 610,000 square feet of various geotextiles. A-108 Stacy Baird Page 4 www.geo-logic.com Composite Liner System CQA, Cells I, II, and III Santa Cruz Resource Recovery Facility, Santa Cruz County, California CQA Manager during Cells I, II, and III composite liner system construction. Included management and regulatory liaison during construction of 25,140 cubic yards of low-permeability soil liner, and 422,500 square feet of geomembrane, in addition to placement of the LCRS, operations layer and various geotextiles. Composite Liner System CQA, Flathead County Landfill, Montana CQA Manager during construction of the Phase IIA composite liner system. Responsible for oversight during construction of the composite liner system that included 402,000 square feet of 60-mil HDPE geomembrane and 385,000 square feet of GCL. Composite Liner System CQA, Crazy Horse Landfill, Salinas, California CQA Manager during construction of the composite liner system for the Phase I expansion. Supervised CQA monitoring and testing during installation of low-permeability soil and geosynthetics liner components. Provided regulatory liaison support and prepared the construction completion report for liner certification. Composite Liner System CQA, Fairmead Landfill, Madera County, California CQA Manager during construction of the 4-acre Unit 3, Cell 4B composite liner system that included 170,000 square feet of 40- and 60-mil HDPE geomembranes, and similar quantities of GCL and geotextiles. Vandenberg Air Force Base Landfill Phases 1 and 2 Closure CQA, Santa Barbara County, California CQA Manager during construction of two phases of partial final closure employing a monolithic alternative final cover design. The two phases of closure comprise 76,570 cubic yards of select fill. Responsible for review of daily field documents, test results, attending construction meetings, and preparing the construction completion reports. Big Bear Landfill Closure Construction, San Bernardino County, California CQA Manager responsible for coordinating and supervising daily field services during construction of this hybrid geosynthetic/soil alternative final cover system. The top deck and benches were covered with 277,000 square feet each of LLDPE geomembrane and geocomposite drainage fabric, while the side slope areas were covered with 195,000 cubic yards of select borrow soils dredged, screened, and processed from Big Bear Lake. 29 Palms Landfill Alternative Final Cover CQA, San Bernardino County, California CQA Manager during construction of a 270,000 cubic yard monolithic alternative final cover system. In addition to CQA services, GLA provided construction management during this project. Milliken Sanitary Landfill Alternative Final Cover Demonstration and Construction Projects, San Bernardino County, California CQA Manager during Alternative Final Cover construction of the Phase I 213,000 cubic yard East Mound demonstration project site (including placement of soil-moisture monitoring equipment), Phase II - 227,000 cubic yards North and East slopes, and the Phase III cover construction project that includes observation and testing during placement of 350,000 yards of imported soils. Mid-Valley Sanitary Landfill Unit 1 Partial Final Closure CQA, San Bernardino County, California CQA Manager during construction of 181,000 cubic yard alternative final cover over Unit 1. Responsible for ensuring proper soil blend, construction methods, compaction, permeability and soil classification testing, and thickness verification. Prepared the construction completion report, and provided technical support to the client and regulatory agencies during construction and through final approval. Colton Sanitary Landfill Closure Construction, San Bernardino County, California CQA Manager for alternative final cover construction to complete closure of this Class III landfill. A-109 Stacy Baird Page 5 www.geo-logic.com Needles Sanitary Landfill Alternative Final Cover CQA, San Bernardino County, California CQA Manager for construction of a 600,000 monolithic alternative final cover at this remote landfill. Trona-Argus Sanitary Landfill Alternative Final Cover CQA, San Bernardino County, California CQA Manager for construction of a 180,000 monolithic alternative final cover at this remote landfill. Baker Sanitary Landfill Alternative Final Cover CQA, San Bernardino County, California Project Manager/CQA Officer for construction of a 100,000 cubic yard monolithic final cover system for closure of a Class III waste disposal site. Special field testing included compaction, moisture, gradation, and permeability tests which were required during the construction, as well as extensive record keeping for various regulatory agencies. Phelan Sanitary Landfill Alternative Final Cover CQA, San Bernardino County, California CQA Manager for monofill alternative final cover at the Phelan Sanitary Landfill demonstration project. Moisture monitoring equipment was also installed to evaluate whether the alternative final cover system could achieve equivalent infiltration performance to a prescriptive landfill cover. The alternative final cover demonstration relies on monitoring the cover system through accurate measurements of moisture movement in the cover system using soil moisture probes installed during final cover construction at depth intervals ranging between 72 to 109 inches at 6 to 12 inch intervals. Newberry and Yermo Landfills Alternative Final Cover CQA, San Bernardino County, California CQA Manager during concurrent closure of two remote landfills located approximately 40 miles apart. Managed CQA staff and laboratory services, ensuring adequate resources for each closure. The Yermo closure included construction of a 71,000 cubic yard monolithic cover, while the Newberry Landfill was closed using a 20,000 cubic yard monolithic final cover. Ensured that each site was adequately staffed, with proper testing and documentation to ensure closure certification. Coordinated project with client, Construction Manager, contractor, and the regulatory agencies. Groveland Landfill Closure Construction, Tuolumne County, California Project Manager responsible for managing daily CQA observation and testing during construction of a soil/geomembrane composite final cover system that included 300,000 square feet of linear low density polyethylene (LLDPE) geomembrane overlain by 22,000 cubic yards of soil cover. Kern Valley Landfill Closure Construction, Kern County, California Project Manager responsible for daily field services during construction of final soil cover system that included about 200,000 cubic yards of engineered fill, and 1.3 million square feet of LLDPE. Ballard Canyon Landfill Closure Geosynthetic Final Cover CQA, Santa Barbara County, California CQA Manager during construction of a composite final cover system that included 320,000 square feet of linear low density polyethylene (LLDPE) geomembrane overlain by 24,000 cubic yards of soil cover. Santiago Landfill Alternative Final Cover CQA, Orange County, California CQA Manager during construction of a 1,000,000 cubic yard alternative final cover system. AFC soil included 50% on-site borrow materials blended with 50% imported soils. Supervised field CQA monitors, tracked project costs, prepared monthly reports to the client, and participated with routine progress meetings with the client and regulatory agencies. Highgrove Landfill Alternative Final Cover CQA, Riverside County, California CQA Manager during construction of a 557,000 cubic yard monolithic cover system. Prepared the CQA plan, reviewed contractor change orders, and supervised daily CQA services. Prepared routine progress reports and A-110 Stacy Baird Page 6 www.geo-logic.com participated in meetings with the regulatory agencies and the client. Prepared the construction certification report. Coachella Valley Sanitary Landfill Alternative Final Cover CQA, Riverside County, California CQA Manager for alternative final cover construction and moisture monitoring equipment as part of State and Federal regulatory record keeping. Spadra Landfill Alternative Final Cover CQA, Los Angeles County, California CQA Manager during construction of a 600,000 cubic yard AFC CQA project. Responsible for client coordination, project implementation, and reporting to client and regulatory agencies. Anza Landfill Alternative Final Cover CQA, Riverside County, California CQA Manager during construction of a 108,000 cubic yard AFC CQA project. Supervised field CQA services, coordinated laboratory testing, prepared construction certification report, and facilitated communications between Riverside County Waste Management Department and the regulatory agencies. Edom Hill Landfill Alternative Final Cover CQA, Riverside County, California CQA Manager during construction of a 750,000 cubic yard monolithic final cover CQA project. Responsible for client coordination, project implementation, and reporting to client and the regulatory agencies. Holtville Solid Waste Site Alternative Final Cover CQA, Imperial County, California CQA Manager during construction of a 240,000 cubic yard AFC CQA project. In addition to providing CQA observation, testing, and documentation on the monolithic final cover, also provided CQA during well destruction. Due to relatively coarse-grained soils, permeability testing was conducted using Boutwell methods. Extensive regulatory negotiation was needed to explain permeability result differences between field and laboratory test methods. Huntington Beach Landfill/Central Park Sports Complex Alternative Final Cover CQA, Huntington Beach, California CQA Manager responsible for supervising daily field work during construction of alternative final cover system. Prepared monthly progress reports to the client and participated in meetings with regulatory agencies. Tequesquite Sanitary Landfill Geotechnical Investigation for AFC Construction, Riverside County, California Project Manager for geologic/geotechnical investigation of proposed borrow site for Alternative Final Cover (AFC) construction. Work included seismic refraction surveys, subsurface investigations and laboratory analyses of various borrow and soil mix designs. Project Manager during construction of 750,000 cubic yard monolithic cover. A-111 Russell Granfors, ASP Senior Project Hydrologist/Corporate Health and Safety Administrator Mr. Granfors has worked in the environmental services field since 1994. He became the Health and Safety officer of Clear Creek Associates in 2014, and became Corporate Health and Safety Administrator of Geo-Logic Associates in 2019. Mr. Granfors oversees the Injury and Illness Prevention Program and any updates or revisions that are needed for that program. He is the head of the Health and Safety Committee that is comprised of the Regional Health and Safety Office Managers. His experience includes field hydrologic work including the oversight of well drilling, construction, and testing. He also has many years of environmental sampling of groundwater, soil, and vapor. Groundwater sampling includes conventional pumps, low flow, extraction pumps, air pumps, passive diffusion bags, HydraSleeves, Westbay systems, Hydropunch, and bailers. His vapor experience includes commercial and residential indoor, outdoor, sub-slab, and soil vapor well and probe sampling. He is knowledgeable about the installation and operation of air sparge, soil vapor extraction, and groundwater extraction remediation systems, including troubleshooting of plumbing, pump operation, and electrical equipment of all systems. Mr. Granfors has many years of experience in underground storage tank (UST) and drywell decommissioning activities. Key Project Experience Motorola 52nd Street, NXP, Phoenix, Arizona Responsibilities include managing the field personnel with sampling activities that include groundwater sampling of multiple types of wells, vapor sampling of indoor and outdoor residential and commercial properties, and soil vapor sampling. Other activities include the drilling of new groundwater and soil vapor wells. This is an ongoing project. Motorola 56th Street, NXP, Phoenix, Arizona Responsibilities include managing field personnel for sampling activities that include groundwater sampling of multiple types of wells. Activities also include the drilling of new groundwater monitoring wells. This is an ongoing project. Motorola Mesa, NXP, Mesa, Arizona Responsibilities include managing field personnel for sampling activities that include groundwater sampling of multiple types of wells. Activities also include the abandonment of groundwater wells. This project was recently granted clean closure by the Arizona Department of Environmental Quality. Cyprus Tohono Mine Site, Freeport McMoran, Casa Grande, Arizona Field Staff and Health and Safety Manager for groundwater sampling oversight and drilling activities. This is an ongoing project. Southwest COOP, City of Phoenix, Phoenix, Arizona Field Supervisor for soil sampling activities and construction including soil excavation and removal of a 16-acre project. Environmental duties include EDUCATION BS, Environmental Science, 1993, Susquehanna University CERTIFICATIONS Grade 1 Water Treatment Plant Operator, Arizona, No. 77670 Associate Safety Professional A-112 Russell Granfors, ASP Page 2 geo-logic.com known and unknown substances, asbestos piping removal, stained concrete removal, and archaeological preservation. Exxon Mobil Projects, Connecticut and Arizona Responsibilities include groundwater sampling, drilling, and sampling and maintenance of soil vapor and groundwater extraction remediation systems. Worked on the construction and installation of the remediation systems. Field supervisor for the decommissioning of the UST and piping systems and the aboveground site buildings. Exxon Mobil work included many sites in Connecticut from 1994 to 1996 and in Arizona from 2004 to 2007. Clean Water Supply Well Projects, Arizona Responsibilities include drilling, construction, water sampling, and testing. Cottonwood Well, Arizona Public Service, Phoenix, Arizona For the duration of the project, Mr. Granfors’ role was to perform daily safety audits on the crew, drill rig, and other equipment. Additional Professional Training OSHA Hazardous Waste Operations and Emergency Response Training (40-Hour), OSHA General Industry Training (10 Hour), Mine Safety and Health Administration (MSHA) Part 48 Training A-113 Proposal SO23.1126.PR| Portuguese Bend Landslide Mitigation Final Design August, 2023 APPENDIX C Estimated Project Schedule A-114 RPV Project No.GLA Project No. SO23.1126.PRGLA Project Manager: Neven Matasovic Note: This schedule is based on the schedule which was attached to GLA's proposal dated September 5, 2023.9101112123456789101112123456789101112123456789101112123456789101. Establish Design and Performance Criteria ( )2. Develop Instrumentation and Monitoring Plans ( )3. Independent Quality Control (Subcontractor) ( )4. Surveying (Subcontractor) ( )5. Revise Hydrology and Hydraulics Calculations ( )6. Revise, Validate, and Calibrate 3D Seepage/Artesian Pressure Model ( )7. Revise, Validate, and Calibrate 3D Slope Stability Model ( )8. Evaluations in Support of Response to Received and Anticipated Public Comments ( )9. Context Sensitive Design Support and Development of Planting and Irrigation Plans (Subcontractor) ( )10. Develop Construction Plans, Specifications, and CQA Plans (60%, 90%, & 100%) ( )11. Develop Cost Estimates ( )12. Design Report ( )13. Pre-Bid and Bid Support ( )14. Planning of Construction Logistics and Trail Management ( )15. Construction Quality Assurance ( )16. Cost Reduction Evaluation Program ( )17. Post-Construction Maintenance Planning ( )18. Assistance for City’s Public Interface ( )19. Project Management ( )2020. Meetings ( )21. Support to Implement Interim Mitigation Measures1816171921Consulting Company/ Design By: Geo-Logic Associates, Inc. (GLA)TASK 1234141578910121311562023Technical ProposalFinal Design Scope of Services and Engineering Support for the DEIR Elements8304 Portuguese Bend Landslide Remediation Project PHASE I PROJECT SCHEDULE 8034City Project No. / Project Name: 8304 Portuguese Bend Landslide Remediation Project2024202520262027A-115 Proposal SO23.1126.PR| Portuguese Bend Landslide Mitigation Final Design August, 2023 APPENDIX D Cost Estimate Tables A-116 Technical Proposal - Cost Estimate Summary (Phases I and II) Final Design Scope of Work - DEIR Elements 8304 Portuguese Bend Landslide Remediation, Rancho Palos Verdes, California Task Name / Description Phase I Phases II 1 Establish Design and Performance Criteria 25,000$ 2 Develop Instrumentation and Monitoring Plans 25,000$ 3 Independent Quality Control (Subcontractor)20,000$ 4 Surveying (Subcontractor)200,000$50,000$ 5 Revise Hydrology and Hydraulics Calculations 80,000$ 6 Revise, Validate, and Calibrate 3D Seepage/Artesian Pressure Model 80,000$ 7 Revise, Validate, and Calibrate 3D Slope Stability Model 90,000$ 8 Evaluations in Support of Response to Received and Anticipated Public Comments 50,000$ 9 Context Sensitive Design Support and Development of Planting and Irrigation Plans (Subcontractor)110,000$ 10 Develop Construction Plans, Specifications, and CQA Plans (60%, 90%, & 100%)375,000$ 11 Develop Cost Estimates 50,000$ 12 Design Report 65,000$ 13 Pre-Bid and Bid Support 30,000$ 14 Planning of Construction Logistics and Trail Management 25,000$ 15 Construction Quality Assurance 200,000$ 16 Cost Reduction Evaluation Program 45,000$ 17 Post-Construction Maintenance Planning 30,000$ 18 Assistance for City’s Public Interface 35,000$ 19 Project Management 65,000$ 20 Meetings 25,000$ 21 Support to Implement Interim Mitigation Measures 110,000$ TOTAL ESTIMATE PER PHASE (GLA +SUBCONTRACTORS)1,460,000$325,000$ GRAND TOTAL ESTIMATE (ALL PHASES; GLA +SUBCONTRACTORS)$1,785,000.00 A-117 Proposal SO23.1126.PR| Portuguese Bend Landslide Mitigation Final Design August, 2023 APPENDIX E GLA 2023 Schedule of Fees A-118 Schedule 2023 SoCal Effective Through 12/31/2023 2023 FEE SCHEDULE PROFESSIONAL STAFF Staff Professional I ....................................................................................................... $1 36.00/Hour Staff Professional II ........................................................................................................ 152.00/Hour Staff Professional III ....................................................................................................... 168.00/Hour Project Professional I ..................................................................................................... 18 0.00/Hour Project Professional II .................................................................................................... 20 0.00/Hour Project Professional III ................................................................................................... 21 0.00/Hour Senior Professional I ...................................................................................................... 22 7.00/Hour Senior Professional II ..................................................................................................... 25 4.00/Hour Senior Professional III .................................................................................................... 26 5.00/Hour Principal Professional I .................................................................................................. 276 .00/Hour Principal Professional II ................................................................................................. 317 .00/Hour Principal Professional III ................................................................................................ 330 .00/Hour Court Appearance (Expert Witness, Deposition, etc.; four-hour minimum) ............. 2 x HourlyRate FIELD/LABORATORY STAFF Technician I .................................................................................................................... 105.00/Hour Technician II ................................................................................................................... 114.00/Hour Technician III (or Minimum Prevailing Wage) ............................................................... 130.00/Hour Technician IV ................................................................................................................. 152.00/Hour Laboratory Manager ...................................................................................................... 173.0 0/Hour Principal Technician ....................................................................................................... 20 0.00/Hour CADD/GIS CADD/GIS/Database Manager I ..................................................................................... 110.00/Hour CADD/GIS/Database Manager II .................................................................................... 132.00/Hour CADD Designer .............................................................................................................. 15 0.00/Hour GIS Specialist .................................................................................................................. 175.00/Hour SUPPORT STAFF Administrative Assistant I ................................................................................................ 95.00/Hour Administrative Assistant II ............................................................................................. 125.0 0/Hour Technical Editor ............................................................................................................. 125.00/Hour Senior Technical Editor .................................................................................................. 155.00/Hour *Overtime Premium is 35% of PERSONNEL CHARGE EQUIPMENT CHARGES BAT Permeameter ........................................................................................................... 200 .00/Day Compaction Testing Equipment & Supplies ...................................................................... 50.00/Day Peel & Shear Strength Apparatus (FML Seams) ......................................................... 900.00/Month Portable Laboratory (8’ x 32’ trailer) with equipment ................................................. 1,200/Month Portable Laboratory (mobilization / demobilization) ...........................................................1,500.00 ReMi/Refraction Seismograph ........................................................................................ 600.00/Day Sealed Single Ring Infiltrometer (SSRI) ............................................... 200.00/Day or 750.00/Month Sealed Double Ring Infiltrometer (SDRI) ..................................................................... Call for Quote Slope Inclinometer .......................................................................................................... 2 50.00/Day Unmanned Aerial Vehicle (Drone) Reconnaissance ........................................................ 130.00/Day A-119 Schedule 2023 SoCal Effective Through 12/31/2023 EXPENSES Vehicle Use for Field Services ............................................................... 15.00/Hour or 350.00/week Soil Sampling Equipment & Drilling Supplies ..................................................................... 5.00/Hour Groundwater Sampling Equipment and Supplies ............................................................ 15.00/Hour Per Diem ............................................................. Lesser of (Cost +15%) or (Local Government Rate) Outside Services (Consultants, Surveys, Chemical lab Tests, etc.) ................................... Cost + 15% Reimbursables (Maps, Photos, Permits, Expendable Supplies, etc.)................................ Cost + 15% Outside Equipment (Drill Rig, Backhoe, Monitoring Equipment, etc.) ............................................ Cost + 15% PERMITS, FEES AND BONDS The costs of all permits, fees, and performance bonds required by government agencies are to be paid by the Client, unless stated otherwise in an accompanying proposal. INSURANCE Geo-Logic Associates, Inc. carries workers' compensation, comprehensive general liability and automobile with policy limits normally acceptable to most clients. The cost for this insurance is covered by the fees listed in this schedule. Cost of any special insurance required by the Client, including increases in policy limits, adding additional insured parties and waivers of subrogation, are charged at cost plus 15%. Unless otherwise stated, such charges are in addition to the estimated or maximum charges stated in any accompanying proposal. TERMS Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Past due accounts are subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum rate allowed by law. PROPOSAL PERIOD Unless otherwise stated, a proposal accompanying this schedule is effective for sixty (60) days. If authorization to proceed is not received within this period, Geo-Logic Associates, Inc. reserves the right to renegotiate the fee. A-120 Schedule 2023 SoCal Effective Through 12/31/2023 2023 FEE SCHEDULE TEST NAME TEST METHOD UNIT RATE Geotechnical / Physical Properties Moisture Content, gravimetric .................................................................D2216/D4643 ................... $25/Test Moisture Content (volumetric and gravimetric) and Bulk Density ..........D7263 ............................... $40/Test Porosity ............................................................................................................................................. $250/Test Particle Size Analyses Standard Sieves and Hydrometer ........................................................D422 ............................... $230/Test Particle Size Analysis – Dry Sieve .........................................................D421 ............................... $105/Test Particle Size Analysis – Aggregate, no hydrometer .............................D422/C136/CT202 .......... $180/Test Particle Size Analyasis with Gravel with hydrometer ..........................D422 ............................... $250/Test Percent Passing #200 Sieve ..................................................................D1140/C117 ..................... $90/Test Atterberg Limits Liquid Limit, Plastic Limit, Plasticity Index (LL, PL, and PI) ...................D4318 ............................. $190/Test Liquid Limit ...........................................................................................D4318 ............................. $105/Test Plastic Limit ..........................................................................................D4318/CTM 204 ............. $105/Test Specific Gravity,Fine (<4.75mm diameter materials) ...............................D854 ............................... $110/Test Specific Gravity,Coarse (>4.75mm diameter materials) ...........................C127 ............................... $130/Test Proctor Compaction Test Method A or B (<25% retained on a 3/8” sieve) ..................................D698/D1557 ................... $225/Test Method C (>25% retained on a 3/8” sieve) .........................................D698/D1557 ................... $265/Test Moisture Density Single Point, std/mod (Proctor check point) ...........D698/D1557 .................... $90/Point Moisture Density Curve ............................................................................CTM 216 ......................... $225/Test Percent Organic Matter by Muffle Furnace .............................................D2974 ............................. $105/Test Permeability / Conductivity Testing Hydraulic Conductivity, Fixed Wall, up to 6” Diameter Cell .....................Modified ......................... $315/Test Flexible Wall Method, 1” to 4” Diameter Sample ....................................D5084 ............................. $370/Test Strength and Consolidation Testing Consolidation Testing Consolidation Test (single point) .........................................................D2435 ............................. $105/Test Consolidation Test (without rate data) ................................................D2435 ............................. $190/Test Test rate data per load increment .......................................................D2435 ...................... $70/Test-Load Expansion/Collapse Testing Expansion Index of Soils .......................................................................D4829 ............................. $180/Test Expansion Indext Test w/Cement or Lime treated soils ......................D4829 ............................. $220/Test Strength Testing Unconfined Compressive Strength (UC), 2-3” .....................................D2166 ............................. $110/Test Triaxial Compression Unconsol.-Undrained Triax. Compression (UU), 2-3”, 1-pt test ..........D2850 ............................. $215/Test Consolidated Undrained Triax. Compression (CU), 2-3” (per point) ...D4767 ............................ $500/Point Consolidated Drained Triax. Compressions (CD), 2-3” (per point) ......D7181 ............................ $745/Point Direct Shear Direct Shear Test (saturated) ...............................................................D3080 .............................. $90/Point Direct Shear Test (saturated, recycled – strain rate 0.0042”/min) ......D3080 ............................ $155/Point Direct Shear Test (consolidated drained) ............................................D3080 ............................ $2 05/Point Direct Shear Test (consolidated drained, residual) ..............................D3080 ............................ $315/Point Direct Shear Test (at natural moisture) ...............................................D3080 .............................. $80/Point R-Value .....................................................................................................D 2844/CTM301 .............. $265/Test A-121 Schedule 2023 SoCal Effective Through 12/31/2023 2023 FEE SCHEDULE TEST NAME TEST METHOD UNIT RATE Aggregate Testing Sand Content ............................................................................................D2419/CM T 217 ............. $100/Test Durability Index (coarse) ..........................................................................D3744/CMT 229 ............. $200/Test Durability Index (fine) ...............................................................................D3744/CMT 229 ............. $160/Test Soil with Amendments and Slurry Testing R-Value (lime- or cement-treated soils) ...................................................D2844/CTM301 .............. $315/Test Compressive Strength, Soil-Cement .........................................................D1633/D1632 ................ $205/Point Pocket Penetrometer ......................................................................................................................... $20/Test Soil Chemistry pH of Soil ............................................................................................................................................ $25/Test Chloride Content (subcontracted) ............................................................CTM 422 ........................... $65/Test Sulfate Content (subcontracted) ..............................................................CTM 417 ........................... $65/Test Soil Resistivity (subcontracted) ................................................................G57/CTM 643 ................. $125/Test Corrosion Series (Min. resistivity, pH, SO4, Cl; subcontracted) ........................................................ $205/Test All test methods are ASTM unless otherwise noted. Special sample preparation and laboratory testing not listed above will be charged at applicable personnel rates. All laboratory test rates are for standard turn-around time and normal reporting procedures. Rush orders will be subject to a 25 percent premium. Manpower requirements or test protocol may preclude the granting of a rush request. A-122 01203.0006/922438.1 1 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and HOUT CONSTRUCTION SERVICES, INC. FOR FINAL DESIGN AND REGULATORY PERMIT SUPPORT FOR THE PORTUGUESE BEND LANDSLIDE REMEDIATION PROJECT B-1 01203.0006/922438.1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND HOUT CONSTRUCTION SERVICES, INC. FOR FINAL DESIGN AND REGULATORY PERMIT SUPPORT FOR THE PORTUGUESE BEND LANDSLIDE REMEDIATION PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into on September 19, 2023 by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation (“City”) and HOUT CONSTRUCTION SERVICES, INC. dba HOUT ENGINEERING, a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services”, as stated in the Proposal, attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it B-2 01203.0006/922438.1 2 shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s Proposal which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such Proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements: (a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement. B-3 01203.0006/922438.1 3 (c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 (eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and 1½ (one and one half) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to B-4 01203.0006/922438.1 4 undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ________ (i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer in the form of a Change Order. 1.7 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be AH/SH B-5 01203.0006/922438.1 5 responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.9 Additional Services City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written Change Order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to 15% (fifteen percent) of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a written Change Order. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. If in the performance of the Services, the Contractor becomes aware of material defects in the Scope of Work, duration, or span of the Services, or the Contractor becomes aware of extenuating circumstance that will or could prevent the completion of the Services, on time or on budget, the Contractor shall inform the City’s Contract Officer of an anticipated Change Order. This proposed change order will stipulate the facts surrounding the issue, proposed solutions, proposed costs, and proposed schedule impacts. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. B-6 01203.0006/922438.1 6 ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $393,784 (Three Hundred Ninety Three Thousand Seven Hundred Eighty Four Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. 2.2 Method of Compensation. (a) The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. (b) A retention of 10% shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory and timely completion of services. This retention shall not apply for on-call agreements for continuous services or for agreements for scheduled routine maintenance of City property or City facilities. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice, using the City template, or in a format acceptable to the City, for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. B-7 01203.0006/922438.1 7 City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer through a Change Order, but not exceeding 60 (sixty) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of B-8 01203.0006/922438.1 8 this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date of the Agreement, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Adam Hout___________ Vice President________ (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only the personnel included in the Proposal to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. City shall have the right to approve or reject any proposed replacement personnel, which approval shall not be unreasonably withheld. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or B-9 01203.0006/922438.1 9 agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Ramzi Awwad, Director of Public Works, or such person as may be designated by the Director of Public Works. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City; all subcontractors included in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more 25% (twenty five percent) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. B-10 01203.0006/922438.1 10 ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be B-11 01203.0006/922438.1 11 approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein 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 non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain and continuously maintain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other B-12 01203.0006/922438.1 12 requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant 90 (ninety) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. B-13 01203.0006/922438.1 13 (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional B-14 01203.0006/922438.1 14 services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this B-15 01203.0006/922438.1 15 Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. B-16 01203.0006/922438.1 16 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other B-17 01203.0006/922438.1 17 provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Party. If termination is due to the failure of the other Party to fulfill its obligations under this Agreement: (a) City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the B-18 01203.0006/922438.1 18 compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. (b) Consultant may, after compliance with the provisions of Section 7.2, terminate the Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to payment for all work performed up to the date of termination. 7.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. B-19 01203.0006/922438.1 19 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in 72 (seventy two) hours from the time of mailing if mailed as provided in this section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. B-20 01203.0006/922438.1 20 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ AH/SH B-21 01203.0006/922438.1 21 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] B-22 01203.0006/922438.1 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Barbara Ferraro, Mayor ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 CONSULTANT: HOUT CONSTRUCTION SERVICES, INC., a California corporation By: Name: Adam Hout Title: Vice President By: Name: Sam Hout Title: CEO 20250 SW Acacia St, Suite 150 Newport Beach, CA, 92660 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. B-23 01203.0006/922438.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. B-24 01203.0006/922438.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. B-25 01203.0006/922438.1 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following final design program management services to oversee the design consultant for final plans, technical specifications, reports ,and estimates, as well as support the bid award process to obtain a construction contractor for mitigation of the Portuguese Bend Landslide (PBL) Remediation Project: A. Design and Performance Criteria. Consultant shall (i) provide a thorough peer review of the design, performance criteria, and success metrics; (ii) coordinate with the City, stakeholders, and Engineer-of-Record (EOR) for all aspects of the design and performance criteria; and (iii) document and recommend acceptance of the design basis memorandum. B. Instrumentation and Monitoring Plan. Consultant shall review and advise the City regarding the mitigation-specific instrumentation plan, construction monitoring plan and post-construction monitoring plan prepared by the EOR. C. Independent Quality Control. Consultant shall provide peer review for the independent quality control letter. D. Survey of Site Topography and Existing – Phase I. Consultant shall (i) review topographic survey and provide comments to the EOR; (ii) review final base maps; and (iii) coordinate with the EOR on the number of drawings required for Plans Specifications & Estimates (PS&E) development. E. Hydrology and Hydraulics. Consultant shall review all hydrology and hydraulics reports and calculations. F. 3D Seepage/Artesian Pressure Model. Consultant shall (i) closely coordinate with the EOR for the revision, validation, and calibration of the 3-dimensional seepage/artesian pressure model; (ii) provide peer review comments of the model to the EOR; and (iii) assist the City with public outreach to explain the model. G. 3D Slope Stability Model. Consultant shall (i) closely coordinate with the EOR for the revision, validation, and calibration of the 3-dimensional slope stability model; (ii) provide peer review comments of the model to the EOR; and (iii) assist the City with public outreach to explain the model. H. Environmental Impact Report (EIR) Public Comments. Consultant shall support (i) the EIR consultant, EOR, and the City with EIR public comments responses; (ii) the City to advance the EIR from draft to final, including EIR certification by City Council; and (iii) the City in addressing the environmental questions/answers to the public and resource and funding agencies. B-26 01203.0006/922438.1 A-2 I. Planting and Irrigation. Consultant shall (i) review and comment on planning and irrigation plans; and (ii) assist the City and EOR with the development of plant palette, natural swales, and temporary/permanent irrigation, if necessary. J. Plans, Specifications, and CQA Plans (60%, 90%, 100%). Consultant shall review and comment on PS&E package at the (i) 60% level; (ii) 90% level; and (iii) 100% level. Consultant shall conduct page-turn reviews with the City and EOR. K. Cost Estimates. Consultant shall (i) perform independent cost estimates (ICE) to validate the EOR estimate; (ii) reconcile differences in cost estimates; and (iii) assist the City and EOR to finalize the construction cost estimates. L. Design Report. Consultant shall (i) review and comment on the design report; (ii) coordinate with the EOR to finalize the deign report; and (iii) conduct a page-turn review with the City and EOR to accept the final comments. M. Construction Logistics and Trail Management. Consultant shall (i) review and comment on construction logistics and trail management plans and supporting documents; (ii) closely coordinate with the EOR to incorporate comments; and (iii) conduct a page-turn review with the City and EOR to accept the final comments N. Post Construction Maintenance. Consultant shall review the long-term maintenance and operation plans; (ii) review submittals for post-construction and maintenance; and (iii) closely coordinate with the City maintenance department and staff to ensure maintenance feasibility. O. City and Agencies Coordination. Consultant shall (i) coordinate and attend all meetings required by the City, stakeholders, and agencies; (ii) prepare and distribute meeting agendas and notes/minutes; and (iii) support the City and EOR throughout the design and permitting process for proof of concept, EIR, and funding/grant application processes. P. Project Management, Documentation, and Coordination. Consultant shall: (i) (i) provide a mechanism to ensure there is an adequate exchange of information during scope implementation; (ii) manage scope and budgets for the EOR and the environmental consultant. (iii) manage all tasks from inception to completion. (iv) maintain the project schedule. (v) control Consultant’s budget, the EOR’s budget, and other consultants’ budgets. (vi) review consultants’ invoices and recommend approval to the City. B-27 01203.0006/922438.1 A-3 (vii) coordinate and ensure timely deliverables. (viii) prepare periodic progress reports for the City. (ix) provide comprehensive electronic documentation filing system, as well as archiving thereafter. Q. Meetings. Consultant shall (i) host and/or attend Project Development Team (PDT) meetings, Project Management Team (PMT) meetings, page-turn reviews, workshops, open houses, and design charette meetings; (ii) Prepare and distribute meeting agendas and notes/minutes; (iii) attend stakeholder and agency meetings, as requested by the City; and (iv) attend Infrastructure Management Advisory Committee (IMAC) and City Council meetings, as requested by the City. R. Interim Measures. Consultant shall (i) coordinate interim measures and solutions with the EOR and the environmental consultant; (ii) peer review interim measures provided by the EOR; and (iii) assist the City with the development of interim solutions. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Memoranda detailing peer review comments for all submittals. Peer review of the design, performance criteria, and success metrics and document and recommend acceptance of the design basis memorandum. B. Schedule updates. C. Budget updates. D. Preparation of meeting agendas and notes/minutes for meetings. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Project Schedule B. Weekly project status report summarizing prior weeks’ activities and upcoming week’s activities. C. Periodic Budget Reports and Updates D. Periodic Progress Reports E. Meeting Notes/Minutes B-28 01203.0006/922438.1 A-4 IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Sam Hout, PE B. Emily Yu, PE C. Dena Hout D. Jayme Fairfield E. Adam Hout F. Roger Chung, PE (subconsultant) G. Phil Jones (subconsultant) H. Dan Villines (subconsultant) I. Kenny Hyman (subconsultant) J. Nate Parker (subconsultant) K. Kurt Yoshii, PE, GE, FSMPS, CPSM, ENV SP (subconsultant) L. Ronald Hallum, CEG (subconsultant) M. Madan Chirumalla N. Jennifer Schmidt O. Emily Homan P. Others as approved by the City B-29 01203.0006/922438.1 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in strikethrough. [INTENTIONALLY LEFT BLANK] B-30 01203.0006/922438.1 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: TASKS SUB-BUDGET A. Task A: Design and Performance Criteria. $6,654,80 B. Task B: Instrumentation and Monitoring Plan. $4,331.40 C. Task C: Independent Quality Control. $4,691.40 D. Task D: Survey of Site Topography and Existing – Phase I. $19,382.80 E. Task E: Hydrology and Hydraulics. $24,247.60 F. Task F: 3D Seepage/Artesian Pressure Model. $10,694.80 G. Task G: 3D Slope Stability Model. $14,610.80 H. Task H: EIR Public Comments. $35,286.80 I. Task I: Planting and Irrigation. $20,206.80 J. Task J: Plans, Specifications, and CQA Plans (60%, 90%, 100%). $64,336.00 K. Task K: Cost Estimates. $10,936.20 L. Task L: Design Report. $21,340.00 M. Task N: Construction Logistics and Trail Management. $12,521.60 N. Task Q: Post Construction Maintenance. $6,186.80 O. Task R: City and Agencies Coordination. $34,879.60 P. Task S: Project Management, Documentation and Coordination. $21,329.60 Q. Task T: Meetings. $41,727.00 R. Task U: Interim Measures. $40,420.00 II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the B-31 01203.0006/922438.1 C-2 Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. NOT APPLICABLE. B-32 01203.0006/922438.1 D-1 EXHIBIT “D SCHEDULE OF PERFORMANCE I. Consultant shall perform all services timely in accordance with the following schedule: Deadline Date A. Task A: Design and Performance Criteria. Ongoing until January 1, 2024 B. Task B: Instrumentation and Monitoring Plan. Ongoing until January 1, 2024 C. Task C: Independent Quality Control. Ongoing until October 1, 2024 D. Task D: Survey of Site Topography and Existing – Phase I. Ongoing until March 1, 2024 E. Task E: Hydrology and Hydraulics. Ongoing until March 1, 2024 F. Task F: 3D Seepage/Artesian Pressure Model. Ongoing until March 1, 2024 G. Task G: 3D Slope Stability Model. Ongoing until April 1, 2024 H. Task H: EIR Public Comments. Ongoing until October 1, 2024 I. Task I: Planting and Irrigation. Ongoing until August 1, 2024 J. Task J: Plans, Specifications, and CQA Plans (60%, 90%, 100%). Ongoing until October 1, 2024 K. Task K: Cost Estimates. Ongoing until October 1, 2024 L. Task L: Design Report. Ongoing until October 1, 2024 M. Task N: Construction Logistics and Trail Management. Ongoing until October 1, 2024 B-33 01203.0006/922438.1 D-2 N. Task Q: Post Construction Maintenance. Ongoing until October 1, 2024 O. Task R: City and Agencies Coordination. Ongoing until October 1, 2024 P. Task S: Project Management, Documentation and Coordination. Ongoing until October 1, 2024 Q. Task T: Meetings. Ongoing until October 1, 2024 R. Task U: Interim Measures. Ongoing until October 1, 2025 II. Consultant shall deliver the following tangible work products to the City by the following dates. A. Refer to Exhibit A for tangible work products and Exhibit D for dates. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval. B-34 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND LSA ASSOCIATES, INC. THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and LSA ASSOCIATES, INC., a California corporation (“Consultant”) is effective as of September 19, 2023. RECITALS A. City and Consultant entered into that certain Agreement for Professional Services dated October 4, 2022 (“Agreement”) whereby Consultant agreed to provide services related to the preparation of the Environmental Report for the Portuguese Ben Landslide (PBL) Mitigation Project (the “Services”) for a term not exceeding June 6, 2023, for a Contract Sum of $266,000. The Agreement provided for two additional one-year extensions at the City’s discretion. B. City and Consultant now desire to amend the Agreement to extend the term of the Agreement, expand the scope of services related to the Consultant’s Services, and increase the Contract Sum from $266,000 to $407,917.60. C. This Amendment No. 1 is exclusive of Change Order No. 1, dated April 2, 2023, related to the PBL Mitigation Project. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1, Contract Sum, of the Agreement is hereby amended as follows: “For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $407,917.60 226,000 (Two Hundred Two Four Hundred Four Thousand Six Hundred Twenty Six Dollars and Eighty Cents) (“Contract Sum”).” b. Section 3.4, Term, of the Agreement is hereby amended as follows: “Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding October 1, 2024 June 6, 2023, except as otherwise provided in the Schedule of Performance (Exhibit “D”).” C-1 01203.0023/922730.1 -2- c. Section I of Exhibit “A” to the Agreement is hereby amended as follows: “I. Consultant will shall complete the Environmental Impact Report (EIR) and provide associated support services for the Portuguese Bend PBL Mitigation Remediation Project, and perform the following final design and regulatory permitting support services relating to the PBL Remediation Project, as follows: Task 1.0: ENVIRONMENTAL IMPACT REPORT PREPARATION Task 1.1 Administrative Draft EIR Consultant will use the Technical Studies provided by the City through their existing consultant to prepare an Administrative Draft EIR that meets the California Environmental Quality Act (CEQA) requirements and will circulate it to City Staff and consultants. The Administrative Draft EIR will contain a section for each environmental issue area with impact evaluations, including an assessment of cumulative impacts and alternatives analysis. In addition to these sections, Consultant will prepare all other required CEQA document sections such as impacts found not to be significant, growth-inducing impacts, and a list of organizations and persons consulted. Task 1.2 Draft EIR Comments on the Administrative Draft EIR from the City will be collected and responses will be developed by Consultant and incorporated into the proposed Draft EIR. An electronic print check version of the Draft EIR will be provided to City staff for approval to circulate. The scope includes addressing one round of revisions to the Administrative Draft EIR. The Draft EIR will be circulated for a minimum 45-day public review period. As soon as the Draft EIR is completed and approved for circulation, a Notice of Completion (NOC) will be prepared. The NOC will identify the locations that the Draft EIR will be available, and the NOC will be filed with the Office of Planning and Research (OPR). A Notice of Availability will be prepared and filed with the Los Angeles County Clerk. Consultant will distribute electronic copies of the NOC to the appropriate responsible and trustee agencies, interested parties, and to the mailing list provided by the City and will file the notices. It is assumed that up to 25 notices will be sent via certified mail. A digital copy of the Draft EIR and associated appendices will be provided to the City for uploading to the City’s website. Task 1.3 Final EIR Following the close of the public review period for the Draft EIR, Consultant will begin preparing responses to comments received during the public review period. Responses to comments received by the City and made at Public Hearings will be prepared by Consultant and provided to City staff for review and incorporated into the Final EIR. Consultant will work with City staff and City consultants to prepare C-2 01203.0023/922730.1 -3- a draft Mitigation Monitoring Reporting Plan at the time of submittal of the Administrative Final EIR. The MMRP will be incorporated in the Final EIR. After one round of review and comment on the Response to Comments and Administrative Final EIR, the responses will be finalized for inclusion in the Final EIR. Based on the comments received, some changes to the wording of the Draft EIR may be needed. Any required changes will be handled by including amended text and/or graphics within the Final EIR or through the use of an Errata, if deemed appropriate. No field work or substantially new analyses or technical studies are included in this scope. Upon receipt of the City’s review comments, the Administrative Final EIR will be modified and the Final EIR prepared. Additionally, Consultant will prepare a Notice of Determination and file it with the OPR and the Los Angeles County Clerk. County and California Department of Fish and Wildlife filing fees have not been included in the budget and will be paid by the City. TASK 2.0: MEETINGS AND PUBLIC HEARINGS The Consultant shall perform the following project management and meeting subtasks in connection with the EIR are included in this proposal. Attendance at one community meeting during the public review period is provided for in Task 2.0. It is anticipated that the meeting will be held at the City unless otherwise directed. Consultant will provide sign in sheets and up to three display boards (based on graphics in the Draft EIR) for presentation at the community meeting. This scope does not include provision of a court report during the community meeting or the cost of any newspaper publication of the Notice of Availability. Task 2.1 Project Management/Meetings  Ongoing coordination meetings with City staff and project team, as many as needed to complete the Final EIR  Monthly invoices and progress reports Task 2.2 Community/Public Hearings  Attendance of one 3-hour community meeting by up to three staff persons during the public review period, plus travel time  Attendance at one 3-hour IMAC meeting by up to three staff persons during consideration of the Final EIR, plus travel time.  Attendance at two 3-hour City Council Meeting by up to three staff persons to certify the environmental document, plus travel time TASK 3.0: FINAL DESIGN AND REGULATORY PERMITTING SUPPORT C-3 01203.0023/922730.1 -4- Task 3.1 Project Management Consultant shall provide a project management role as a mechanism to ensure there is an adequate exchange of information during scope implementation, managing tasks completion, maintaining project schedule, overseeing the budget, and coordinating deliverables. Task 3.2 Final Design Support (a) Final Design Support. Consultant shall provide coordination with the final design team regarding environmental constraints to be considered in revisions to design. This consultation shall focus on significant environmental issues identified in the draft environmental impact report (DEIR) or from comments received during the public comment period. The scope includes attendance at up to six meetings with the final design team to review refinements to the project design. (b) Biological Resources Assistance. Consultant shall advise the team regarding biological resources and level of significance identified in the DEIR and implications related to changing the project footprint. Specific tasks to be completed include recommendations regarding swale design and other features and recalculation of impacts to resources within revised project footprint. The scope includes up to four field meetings to review biological resources site constraints. Task 3.3 Assessment of Final Engineering Plans and DEIR Project Description. Consultant shall prepare an environmental review assessment comparing final engineering plans with the project description and impact analysis in the DEIR to determine if the changes result in new or substantial increase in severity of prior changes to the prior analysis, pursuant to Section 15088.5 of the CEQA Guidelines. The assessment shall recommend the appropriate CEQA path. As part of this assessment, a determination shall be made as to whether the changes associated with the revised design require revisions to the technical reports prepared for the DEIR or the DEIR. Task 3.4 Stakeholder Environmental Outreach Support. Consultant shall assist the City and the design team in coordination with public agency and stakeholder outreach during final design, which may include attendance at meetings, preparation of materials for meetings, field tours and provision of post-meeting follow up. Attendance at up to eight public agency/stakeholder meetings is anticipated. Tasks 3.5 Regulatory Agency Permit Support. C-4 01203.0023/922730.1 -5- Consultant shall assist the City and the design team in the preparation of resource/regulatory agency permit applications for the Project. Assistance will utilize the technical information prepared for the DEIR and would not include new technical analysis or field work. Attendance at one pre-application meeting with the resource/regulatory agencies is included. Additional meetings with resource/regulatory agencies beyond the pre-application meeting would be require amendment to this scope. d. Section V of Exhibit “A” to the Agreement is hereby amended as follows: “Consultant will utilize the following personnel to accomplish the Services: Deborah Pracillo Dakota Gross Steve Letterly Tamar Gharibian Bo Gould Kerrie Collison Jason Luie Ron Brugger Shanna Guiler Pam Reading John Ko Matt Phillips Meredith Canterbury e. Exhibit “C” to the Agreement is hereby amended as follows: Task Fees Task 1.0 Environmental Impact Report Task 1.1 Administrative Draft EIR $91,035 Task 1.2 Draft EIR $69,220 Task 1.3 Final EIR $44,550 Task 2.0 Project Management/Meetings Task 2.1 Project Management/Meetings $24,575 Task 2.2 Community/Public Hearings $18,620 Task 3.0: Final Design and Regulatory Permitting Support Task 3.1 Project Management $14,214 C-5 01203.0023/922730.1 -6- Task 3.2(a) Final Design Support $35,174.50 Task 3.2(b) Biological Resources Assistance $18,704.80 Task 3.3: Assessment of Final Engineering Plan and DEIR Project Description $15,269.75 Task 3.4: Stakeholder Environment Outreach Support $35,550.45 Task 3.5: Regulatory Agency Permit Support $20,713.30 Other Direct Costs VisionScape Imagery Visual Simulations $15,000 Reproduction $1,000 Mileage $1,200 Task 3 Mileage $1,718.75 Task 3 Postage/Delivery $572 Postage/Delivery $800 Total $266,000 407,917.60 f. Exhibit “D” to the Agreement is hereby amended as follows: Receive Approved Technical Studies Air Quality, Energy, GHG Emissions Report =10/20/22 Noise Analysis = 10/20/22 Biological Assessments = 09/30/22 Cultural Resources = 09/30/22 Updated Archeological Survey = 09/30/22 Updated Archeological Report = 09/30/22 Water Quality & Hydrology = 11/03/22 Traffic Impact Analysis = 10/25/22 Geology & Soils = 10/30/22 Hazards Phase I ESA = 10/30/22 Submit Administrative Draft EIR to City November 11, 2022 C-6 01203.0023/922730.1 -7- City Completes Review of Administrative Draft EIR November 18, 2022 Submit Draft EIR to City December 2, 2022 City Completes Review of Draft EIR December 9, 2022 Circulate for Public Review December 16, 2022 End of Public Review period February 17, 2023 Final Design Support Ongoing through October 1, 2024 Task 3.2(b) Biological Resources Assistance Ongoing through October 1, 2024 Task 3.3: Assessment of Final Engineering Plan and DEIR Project Description Ongoing through October 1, 2024 Task 3.4: Stakeholder Environment Outreach Support Ongoing through October 1, 2024 Submit Responses to Comments/Administrative Final EIR April 28, 2023* August 1, 2024 City Completes Review of Administrative Final EIR May 12, 2023 September 1, 2024 Proposed Final EIR Approval June 6, 2023 October 1, 2024 Regulatory Agency Permit Support October 1, 2025 *If the amount and type of comment requires additional analysis or technical study, additional time will be needed. 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and C-7 01203.0023/922730.1 -8- after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] C-8 01203.0023/922730.1 -9- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ Barbara Ferraro, Mayor ATTEST: _________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney CONSULTANT: LSA ASSOCIATES, INC., a California Corporation By: ________________________________ Name: Anthony Petros Title: President By: ________________________________ Name: Justin Cary Title: CFO Address: 20 Executive Park, Suite 200 Irvine, CA 92614 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. C-9 01203.0023/922730.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C-10 01203.0023/922730.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C-11 From: Sent: To: Cc: Subject: Hi Teri, Karina Banales Monday, September 18, 2023 8:15 AM Teresa Takaoka CityClerk; Eileen Jacinto RE: 2023-44.docx Ugh, I missed the typo in the month! Late corr with a note is just fine with me. -Karina From: Teresa Takaoka <TeriT@rpvca.gov> Sent: Friday, September 15, 2023 1:38 PM To: Karina Banales <kbanales@rpvca.gov> Cc: CityClerk <CityClerk@rpvca.gov> Subject: 2023-44.docx Hello Karina and Eileen, If ok -did you want the corrected resolution attached as late correspondence for item J? Since it was a minor typo of the month typically we can simply add as late correspondence with a note calling attention to the typo in red font. Unless you prefer to write a memo to the Council .. If no, please respond to this email and staff will include in packet. Thank you. 1 T. RESOLUTION NO. 2023-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ACCEPTING, APPROVING, AND ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 36 FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025. WHEREAS, the City of Rancho Palos Verdes (City) recognizes the American Federation of State, County and Municipal Employees District Council 36 (AFSCME DC36) as the exclusive employee organization for those City employees in the bargaining unit defined as part-time (excluding temporary and internship positions) in the classifications listed in Exhibit A to the Memorandum of Understanding between the City and AFSCME DC36 covering the period of JHAe-~ 1, 2023 through June 30, 2025 (AFSCME DC36 MOU 2023-25); and WHEREAS, The City and AFSCME DC36 have successfully met and conferred to negotiate an initial memorandum of understanding between the parties pursuant to the Meyers -Millias -B rown Act (MMBA) (Government Code sections 3500-3511) and the City's Employer-Employee Relations Resolution No. 2018-23; and WHEREAS, the City's labor representatives and AFSCME DC36 representatives prepared the attached AFSCME DC 36 MOU 2023-25, which was ratified on August 16, 2023 by the AFSCME DC36 membership, and then executed by the respective labor representatives; and WHEREAS, the attached AFSCME DC 36 MOU 2023-25 is not effective or valid until approved by the City Council, whereupon the AFSCME DC36 MOU 2023-25 shall become a binding agreement between the parties, each in their own right; and WHEREAS, the City Council desires to approve the AFSCME DC36 MOU 2023-25; and NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The recitals set forth above are true and correct and incorporated herein by this reference. Section 2: The City Council accepts, approves, and adopts the executed AFSCME DC36 MOU 2023-25 for the period of Jt¾He-.J!d!y_ 1, 2023 through June 30, 2025, a copy of which is fully executed by the parties and attached hereto as Exhibit A. Section 3: The City Clerk shall certify the adoption of this resolution and deem it effective as of September 19, 2023; the same shall be in force and effect. PASSED, APPROVED and ADOPTED this 19 th day of September 2023. Barbara Ferraro, Mayor ATTEST: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2023-44 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 19, 2023. Teresa Takaoka, City Clerk Resolution No. 2023-44 Page 2 of 2 Subject: RE: Council Meeting Sept 19, 2023 -Regular Business Item #2 From: Ysidro Salinas <ysidros@adventresources.com> Sent: Monday, September 18, 2023 10:33 AM To: Ara Mihranian <AraM@rpvca.gov> Cc: CC <CC@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov> Subject: Re: Council Meeting Sept 19, 2023 -Regular Business Item #2 Thank you sir for the prompt response, your exemplary service to our city is greatly appreciated. On Mon, Sep 18, 2023 at 7:16 AM Ara Mihranian <AraM@rpvca.gov> wrote: Good morning Ysidro, The City is in receipt of your email, and will provide a copy to the City Council as late correspondence for the September 19 meeting, Please be assured that your City is diligently working to complete the project EIR for the Portuguese Bend Remediation Project. The City was recently awarded a $23.3 million dollar grant from FEMA for this project. The City Council will be asked at its meeting on September 19 to consider contracts with consultants to complete the final engineering for the project. Thank you, Ara ' ,": I Z}.:20 Ara Michael Mihranian City Manager aram@rpvca.gov Phone • (310) 544-5202 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gg_'!( ~<,(Tl!ON ~ Google Play Info; rnation lY:!onq1no the C.Hy of Rancho Pl1los Vcnk:~i: •:J1ich b(1 µrivili:;y:d,, frrJ,m rhc intr1nneition is lntenck1d on~ for \!Sf• or thz1 !nd:vidtw! or entity dl{:~1emindil'111; di<;tributk>il,, oi ls; ~JHr:tly U yo-u !'(!<.rivr•d U1J<; t1 rnnil ln t,r-ror 1 not ·(1n inkn(~·,d n:(/pknt, p!c,:ise notify the yoqr {\Ssi:itan(x: and From: Ysidro Salinas <ysidros@adventresources.com> Sent: Friday, September 15, 2023 1:14 PM To: Ara Mihranian <AraM@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov> Subject: Council Meeting Sept 19, 2023 -Regular Business Item #2 1 Gentlemen, I would like to add my support for the need to take more preventative action regarding the various landslide zones within and surrounding Portuguese Bend. I'm a PBC resident of 13 years, and even though I'm a junior compared to most of the long-standing residents here, I have witnessed increased land movement, as well as nonsensical action or non-actions that will be looked back at as "tells" leading to a future disaster. The many water leaks that have recently been reported from the PBCA Association is a warning signal that should not be ignored --these leaks are evidence the land is moving more/faster than in the recent past. Common sense indicates the water from these leaks goes into the ground and will at some point exacerbate the slide. Add to this the unprecedented recent rainfall amounts and the expectation of an upcoming El Nino year with higher than normal rainfall, and we have the perfect storm headed our way. I recently had the main water pipe shear off from the water meter at my home, caused I believe by land movement of the huge, above-ground Cal Water pipe. This break is particularly concerning because my home, built in the late 40's, has never shown any effect from land movement. In fact there is a cold pour concrete basement in my home well over 70 years old that has not a single crack. I recently contacted the office of Assemblymember Al Muratsuchi to lobby for increased funding regarding the slide issues, and here is the response from July 17, 2023 ... "The Assemblymember really sympathizes with what you and your community is going through. As the Assemblymember's has mentioned numerous times to your city leaders such as your Mayor and Council, he would like to see the environmental impact report (EIR). To this day we are told it is still being worked on. In the meantime,_there is not much the state can do. Please urge your city leaders to complete the EIR. Melissa Ramoso District Director Assemblymember Al Muratsuchi, 66th District 3424 W. Carson St., Suite 450 Torrance, CA 90503 Thank you." Following the District Director's input, I urge you to complete the EIR and move rapidly to procure funding. I urge you to engage Cal Water to improve response time to water leaks and to proactively inspect and prepare for leak repair. I urge you to consider moving all underground water pipes above the slide area to the surface, with expansion joints to mitigate damage from land movement. Thank you. Ysidro Salinas #3 W Pomegranate Rd RPV 2 From: Sent: To: Subject: Teresa Takaoka Monday, September 18, 2023 1 :21 PM CityClerk FW: Seaview & Klondike Canyon Landslide From: Michael Daly <michael.daly@cox.net> Sent: Monday, September 18, 2023 1:21 PM To: CC <CC@rpvca.gov> Subject: Seaview & Klondike Canyon Landslide Please add this email to correspondence for the 9/19/2023 Rancho Palos Verdes City Council meeting. ------------------------------------------------------------------------------ My name is Mike Daly. I live at 4266 Exultant Drive in the Seaview neighborhood. My wife and I bought our house in 1985 and have come to love living in Seaview. It is with great disappointment that I have recently seen the neglect of our infrastructure result in the red tagging of two homes due to bursting of water lines. Both California Water Company and the city of Rancho Palos Verdes seem more interested in blaming someone else for lack of infrastructure maintenance and avoiding liability for issues than solving the problems we are currently having. Cal water is not proactive in monitoring their lines, in repairing broken and gushing lines and is not at all transparent. There have been numerous breaks in the water mains in Seaview since April 2023. The city seems helpless, bureaucratic and focused on spending as little money as possible. All this is to the detriment of RPV residents in Seaview. Some city council members seem more interested in saving money by minimizing the number of dewatering wells than in wholeheartedly tackling the issues of land movement in Klondike Canyon and its result on Seaview. These council members should remember that many homes in Seaview are worth $2,000,000+ and that, should the city be found even partially responsible for the loss of many more homes, the cost to the city has the potential to possibly bankrupt the city. The city should increase monitoring of land movement in Klondike Canyon and Seaview, add additional dewatering wells, especially in view of the upcoming El Nino rains coming this winter and possible order Cal Water to reroute lines or put some some mains above ground so that water line breaks can be i 1 mmediately identified. There needs to be a_ , some long term planning, not just "flying by the seat of the pants." Actions to save Seaview will be expensive, but not as expensive as the loss of many homes in Seaview. Now is the time for Rancho Palos Verdes to confront the ongoing problem of Klondike Canyon and its impact on Seaview. Cal Water needs to be forced to fix their infrastructure. Let's not be frugal and foolish. If the city needs to spend large sums of money to save Seaview's homes, then do so, even if it means postponing the lovely new City Hall as a monument to our council or halting the work at Ladera Linda. Save our homes in Seaview from years of city neglect of infrastructure, whatever the cost! Mike Daly 4266 Exultant Drive Rancho Palos Verdes, California D Virus-free.www.avast.com 2 To: Teresa Takaoka; CityClerk Subject: RE: 19 Sep 23 CC Meeting-SoCal Water and SoCal Gas presentation/discussion From: Robert Lauck <rlauck@cox.net> Sent: Friday, September 15, 2023 8:19 PM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov> Subject: 19 Sep 23 CC Meeting-SoCal Water and SoCal Gas presentation/discussion Regarding the above subject, I urge the Council and City Management not to conflate or lump together with the Port. Bend Landslide Abatement issue the general problem that the vast majority of the Seaview enclave has been having with utilities failures and the utilities' responses to failure of their infrastructure. These are separate issues, the latter having nothing to do with the PB Landslide issue. Klondike Canyon is also a unique issue and should be kept separate from Seaview in general. I would also recommend that the City structure ordinance{s) to at least require any utility operating in RPV to report regularly on their efforts in maintenance and upgrades to insure the safety of the lives and property of RPV residents and government infrastructure. As an example, I would think that SoCal Water could measure leakage of their supply infrastructure on a periodic basis. They should be able to monitor the flow thru the main arteries supplying, say, Seaview, for a month, add up the usage from all the Seaview residents' monthly bills, subtract the latter from the former and that residual might be the overall leakage in the Seaview community. I believe PB Landslide abatement and the safety and reliability of our utilities are separate issues, albeit, both are very important. Thanks for your efforts re these critical subjects and your work for the City overall. Robert and Donna Lauck 1