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20240507 Late CorrespondenceI am here, again, to speak against Small Cell Tower installations of 5G because they are hazardous, visual blights that could blemish our beautiful town for the rest of our lives. Notice the 5G installations up and down PV Drive East, Crenshaw, and Crest Road for a sampling of what is to come to your house ifwe don't do anything to stop it. The cities of Petaluma and Mill Valley, in response to resident requests have amended their zoning codes to protect all the interests of their residents. Other California cities protecting their residents include Belvedere, Calabasas, Fairfax, Palo Alto, San Anselmo, San Rafael and Sonoma City. One reason you would not want a Small Cell Towers for 5G in front of or near your home is that it will decrease your property value. Rancho Palos Verdes should limit and regulate the permitting of Small Cell Towers to the greatest extent possible. Remember: There is a legal obligation for a real estate agent or broker to disclose the existence of a Small Cell Tower when selling a home which will decrease the home value. The California Association of Realtors maintains that "sellers and licensees must disclose material facts that affect the value or desirability of the property" and this includes "known conditions outside of and surrounding the property." A material fact is one that a reasonable home buyer would wish to know. A number of organizations and studies have documented the detrimental effects of cell towers on property values. I will cite just two of many: 1. The Appraisal Institute, the largest global professional membership organization for appraisers with 91 chapters throughout the world, spotlighted the issue of cell towers and the fair market value of a home and educated its members that a cell tower should, in fact, cause a decrease in home value. 2. The definitive work on this subject was done by Dr. Sandy Bond, who concluded that "media attention to the potential health hazards of [cellular phone towers and antennas] has spread concerns among the public, resulting in increased resistance" to sites near those towers. Percentage decreases mentioned in the study range from 2 to 20% with the percentage moving toward the higher range the closer (the Tower is to) the property. What can the City Council do to stop cell tower installations? We need to set limits and setbacks, such as the ordinance written into Elk Grove's Development Standards: 6. In a residential zoning district, the following development standards shall apply, a. No small cell wireless communication facility shall be placed within five hundred (500' O") feet of another small cell wireless communications facility. b. No small cell wireless communication facility shall be located immediately adjacent to, nor immediately across the street from, a front yard of any residential dwelling. Palo Alto residents say "The solution is both simple and easy -instead of more Wireless, install Wireline fiber optic cables to each home and business in Palo Alto, which will provide much faster, more secure, more reliable and much more energy-efficient transmission oflnternet and video data. Doing so would preserve the unique character of Palo Alto and prevent the private Telecom companies from shoving these cheap, ugly, intrusive, microwave-radiation-emitting Small Cell Tower installations into our town." Again, I urge the City Council members to adopt wording such as Elk Grove's Development Standards to protect our properties from decreases in home values AND damage to the health ofus homeowners. Thank you! AGENDA ITEM: /voVt -A~~c!..~ RECEIVED FROM: \ °'j..,J tJ,.. ':t. fh:;\..,.. lLt- -A_N_D_M_A_D_E_P-AR--T<) ~ THE RECORD AT THE COUNCIL MEETING OF: . 'S/7 /Z,'f OFFIQ~ Or if!~ Cc,lfV Cb~RK ' John Cruikshank Mayor. City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, AGENDA ITEM : NOn -~~ RECE IV ED FROM: '{ obi l':-\9','t-11\°',nJ AND MADE PART OF THE RECORD mHE COUNC IL MEETING OF: '5/7 / OFF ICE OF THE CITY CLERK sh 2N ov-..irt~et ~ '<o<n, M~ P~c Cf)l'1r1e,..rrs ~o-rJ • ;&&JD.A 11l1-1 £" L[ ) 1-t \ ,r, G~v\. l ~ ~\ ~ ' j ~ ~ V I am a resident of Rancho Palos Verdes, living at ________ CA 7 ''\ 1 u ?-1 6 - I am alarmed at the proposal put in by Akhilesh Jha. which endeavors to build -500 units, in four 11 story towers. ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, i am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RP\/. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a deve!oper taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that \Ne were left vulnerable to this sort of developer weaponlzation. i realize that currently your tools are somewhat limited, but l hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not !et this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verde s 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank , -, t~ C { 1 I am a resident of Rancho Palos Verdes, living at ~_J ______ _sJ:\.~----· I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers. ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance , and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basi s of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 John,cruikshank@rpvca,gov i am alarmed at the proposal put in by Akhilesh jha, which endeavors to build --500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to Hve in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponizatiorL I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, _ . ...., ._ , / '\){ . . . . .?7'j .J f'<:i ~~ vJ <!)ck...,,'f /}; ! am a resident of Rancho Palos Verdes, living at ______ 1 _y----:::------.,.""'--:----_-_ --.... ,:::----------· (2 p v CJt "f <D ,f"J l am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and ifs disappointing that we were left vulnerable to this sort of developer weaponization. i realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, ~.u/if-. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. ! realize that currently your tools are somewhat limited, but i hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, I, 'c John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, 5-· '1 1 '""' ' V f? I am a resident of Rancho Palos Verdes, living at __________ .... ________ _: _ _!:._ ________ Ji,. ______ .:_. , l am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank. I am a resident of Rancho Palos Verdes, living at __ 5_Lj_J_j_}d__bj_t_~};!-5~_Dc_, ___ f?E~_(i_1 . Df[);J7b I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we 'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at _!)_t{3_'1._Wn1..-f.~Gx._l2c.:._J?_fij-_('_){}_ 1o;J76- 1 am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers. ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better p laces to put in low-income housing. This is merely a developer taking advantage of the Bui lder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantia l compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization . I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions , it would severe ly damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen . John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes , living at .!f.]{)j_ L;J 1 L}) /31tl ft;\ 7){< L _~_f'_Y, I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen . Sincerely, Www ;l C-v-feJ fJ~/(,.Gru--/- John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values. increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at _5.__'8 _i _3 ____ YJJJ:1.J_T_t,_/}}2~~jg __ {?J?. V C/027G' I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units. in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial comp liance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions. it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Johrtcruikshank@rpvca.gov Dear Mayor Cruikshank, ! am a resident of Rancho Palos Verdes, living at .~0 ___ I q_"{5LL~5 WJ'.}ct{__ (y:'€ .. --~----· ! am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. Al! of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. l realize that currently your tools are somewhat limited, but i hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, l am alarmed at the proposal put in by Akhi!esh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to Hve in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vuinerable to this sort of developer weaponization. l realize that currently your tools are somewhat limited, but ! hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city coundL Please do not let this happen. Sincerely, fV!} R. If/; Je/[lfl john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at ~.QL_?._ __ ~ __ /lz..,. __ /2..f t/ / 1/~:::i.... I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -~ units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and ifs disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I 'd t f R , h p I V , d I' . dt1,r?:l c; pj r1 l'i/11 V1/~1i,JoiJ f)f\ Pp I am a res, en O anc O a OS er es, 1ving at-----______ r:, __ \L1LtL-lf--1.,.,=.L _____________ ) {'-rv I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, -Auit7~ 6~/ john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 John,cruikshank@rpvca.gov i am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four l1 story tovvers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing, This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved, All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization, l realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening, This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution ln an already extremely high traffic area, and we'd be reminded on a daily basis of hovv greedy developers bested our city council, Please do not let this happen. --~· ------~r~ Sincerei~~Y()Q,I~ l)¾{tJ2f: }"\ (____ ··-'"~· c,✓ ,1· , -J\....i john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 john, cru ikshan k@rpvca.gov Dear Mayor Cruikshank, ··- . () lv,c../\:;ilC . " . ' Ot,},)tf.U• 1:.:::;>, { / l1\) t-( l C\.!.C:fc) /\ i 0(<. I am eH"~t:-of Rancho Palos ,/erdes, ,lfaAAg➔t _______ ::,1""j__ _____ , ____ :. ___________ ,::...:_ _____ ,, ___ , __ .,1. (? \) \/ I am alarmed at the proposal put in by Akhilesh jha, which endeavors to build •-500 units, in four 11 story tovvers, ruining our beautiful natural environment This is the opposite of what it means to Hve in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in !ow-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are ln substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. ! realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening, This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov l am alarmed at the proposal put in by Akhiiesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we al! know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfa!i in profits off of our failure to have our housing element approved. Ali of the other Palos Verdes cities are in substantial compliance, and it's disappointing that vve were left vulnerable to this sort of developer weaponization. l realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palo s Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at _.2._~_f!l_7_ __ QJ1$.J:..~JA!.Q_qsj_ ____ ~ I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units , in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weapon iza tion . I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions. it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, Q lJ <lf(\ A,f:_ -S John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John. cru ikshan k@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at _2 _fo_[~_1 __ p_A6:?_{-!>J_Q.a:J_ ___ ~ I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial comp lian ce, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen . Sincere ly, john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, _ I am a resident of Rancho Palos Verdes, living at __ sJ_~l~-~1:1'J1_n½,,2.<2f2 . .::i!2-=.t ___ . ·t?-pv \ CA c7·ol2r.> I am alarmed at the proposal put in by Akhilesh Jha, \Nhich endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a \AJindfall in profits off o-f our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we vvere left vulnerable to this sort of developer weaponization. ! realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, 2 1 4/\ \ c , \ " • S· • f ·{ I am a resident of Rancho Palos Verdes, living at ---:::::1J_:....:~:...-. ---~:::l __ :(~-~~-~-.--\2~\( ______ ~<'._:_c.~. •. ,. 1 , .. , \<c\r\.Ch<:> f cJ0 $' \i C. LLY t t\ 0 2..J ( I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build •-500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. ! realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, /4102- John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov l am alarmed at the proposal put in by Akhllesh jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vu!nerable to this sort of developer weaponization. l realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area. and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 john. cru ikshan k@rpvca.gov ! am alarmed at the proposal put in by Akhiiesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. Ali of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution ln an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council, Please do not let this happen. Sincerely, John Cruikshank Mayor. City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes. CA 90275 John .cru iksha n k@rpvca.gov Dear Mayor Cruikshank. 1 am a resident of Rancho Palos Verdes, living at _55-1 er Bay r~ c½e Q& .,._ RFU ,..cA c-roi?S' I am alarmed at the proposal put in by Akhilesh Jha. which endeavors to build -500 units. in four 11 story towers. ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited. but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions. it would severely damage property values. increase traffic and pollution in an already extremely high traffic area. and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, . . Y J,--;JJ f2 ,r -kv I;) I 'Rf \J. U\ Cl 02 [) I am a resident of Rancho Palos Verdes, living at ---c;/'7-'r-+--PL1J--l'--1r-.t:-t!J.c ______ J_. l I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, rJ-~( ' ,: _, /) ! i am a resident of Rancho Palos Verdes, living at __ !;1 ~_J_::J~:f~f2.c:1~:!-"'f:.1.""L_i~~<l _________ . / ,: ·] ' /; l I ii I I J !· )',· I I i;-• l "'--·l•-., --. .-' I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build ... 500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and ifs disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions. it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at _____ /J:, _ _JX.f?,4..':!:.V..r, .. .f.:.J __ S_b::.. _______________ . l am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and ifs disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, .• . /) ! am a resident of Rancho Palos Verdes, living at J.,1,5,-._?~ s:ilver'_ SA 1•A Kc( :.i--/< PV _J'o ;i._ 11~ I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and ifs disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but l hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at£f;[fj__Jt}j/j_[;k-£,;z.~[?f!:::.~----·------· I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and ifs disappointing that we were ieft vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at ~-:) / d ✓l'CJ1tt:uoc,cj .Sf RP//1 Ctt·t/&oZ.1.f I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization . I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions. it would severely damage property values. increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely. 'I(~~ John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, PA'I ') I am a resident of Rancho Palos Verdes, living at ----------------·~..:-LJS.1£ _____________ . fl 'T:>/~ L V I am alarmed at the proposal put in by Akhilesh jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, c; /1-);\.;.it~-$ /t, a.ft~\ f),:t/~C:, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at ________ ,£-.c?J,1>/;:re. /'oarr{ j?,J I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but ! hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values. increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in !ow-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor. City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca .gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes , living at ~2=JJ__f,j£ili\Lci~_6-teL _______ . I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers. ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of dur failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd . Rancho Palos Verdes , CA 90275 John .cruikshank@rpvca.gov Dear Mayor Cruikshank. I am a resident of Rancho Palos Verdes, living at 2r;,, Z i \ 3 \\?C:(-\-R,tLb A~: I am alarmed at the proposal put in by Akhilesh Jha , which endeavors to build -500 units. in four 11 story towers, ruin ing our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is mere ly a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. A ll of the other Palos Verdes cities are in substantial compliance , and it's disappointing that we were left vulnerable to this sort of developer weaponization . I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions . it would severely damage property values. increase traffic and pollution in an already extremely high traffic area, and we 'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen . Sincere ly . John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Ranehc,~P-ale~'"¾fe.r-des, living at ---------------~L..:.Si.'::'.::!2 __ .R:i::.:... ___________ . I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor. City of Rancho Palos Verdes 30940 Hawthorne Blvd . Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at __ ffj_L<2__~!'...~4:£~[J Av~ I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units. in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited. but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area , and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely. John Cruikshank Mayor, City of Rancho Palo s Verde s 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, ,2 _;'> I am a resident of Rancho Palos Verdes, living at '2_l'/_ JV /); / u bi-dd __ ::!z-c I am alarmed at the proposal put in by Akhilesh Jha. which endeavors to build -500 units, in four 11 story towers. ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization . I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we 'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, ~ 71h1~ ( John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at---------------------------------·-------· I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, .,., i--.'.34I n OiS5.'v\/t' , l _j\_ • '\ "?sfV cl'\ I am a resident of Rancho Palos Verdes, living at L~ '-----~ 1., ~ __ vCC _!_~':!---_ fL ___ I. __.,f1 Cf t>,~+ 7 'J l am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. ! realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not !et this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, · \ . . 20 ?>4 / B Ct£:> V'J cod /-\-v'f • f2pV I am a resident of Rancho Palos /erdes, l1v1ng at _____ :_ _____ :_ ___ .:_ __________ '...., ___________ atr ]5 -1 -,) I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units. in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we \Nere left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but ! hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, ·s v ;JC .s , ((>Jl) (·t;~ (}.)/I /ii W\ );( , C orJ1l/1.:-t\ /\ John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, ti VI ' lam a resident of Rancho Palos Verdes, living at ________________________ \_ _________________ . I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and ifs disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area 1 ,and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. '/11 (i-,,,, v, Lt· Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, l am a resident of Rancho Palos Verdes, living at ----~-2=-J_~~---_:ttLC,the..~a ___ H~.e.,. f. f. (/ I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank , '!2 6 JJ. l fqrcP'f/tJ-p 1 /l I'(_ I am a resident of Rancho Palos Verdes, living at ______ ~ e,1 I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization . I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. John Cruikshank Mayor. City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John. cru iksha nk@rpvca .gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at ;;_ b j__J.._ 3 _S :'r_t)Ar;JJ..J&~-.ff ✓. I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beau tiful natural environment. This is the opposite of what it means to live in RPV . RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we 'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, ~~,~- r/ol~& John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 902'15 john,cruikshank@rpvca,gov Dear Mayor Cruikshank, I am alarmed at the proposal put in by Akhilesh jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization, I realize that currently your tools are somewhat limited, but i hope you use absolutely every tool at your disposal to prevent this from happening, This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of hovv greedy developers bested our city council. Please do not let this happen. Sincerely, john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear lv1ayor Cruikshank, I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build --500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put ln low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved, All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, L John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John. cruiksha n k@rpvca.gov Dear Mayor Cruikshank, l am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV RPV is about nature as we all know, There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that vve were left vulnerable to this sort of developer weaponization. l realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This wou1d be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, john Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build four 11 story towers, ruining our beautiful natural environment units, in This is the opposite of what it means to live in RPV. RPV is about nature as vve al! know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. Ali of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we \Nere left vulnerable to this sort of developer weaponization, l realize that currently your too!s are somewhat limited, but l hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at _____ £_..i:_£,L__J}Ay_A..i,_f2_4,_~--~- I am alarmed at the proposal put in by Akhilesh Jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and ifs disappointing that we were left vulnerable to this sort of developer weaponization. i realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, i am alarmed at the proposal put in by Akhilesh jha, which endeavors to build --500 units, in four l1 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer vveaponization. ! realize that currently your tools are somewhat limited, but l hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and \Ne;d be reminded on a daily basis of how greedy developers bested our city coundL Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am alarmed at the proposal put in by Akhi!esh jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are ln substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. l realize that currently your tools are somewhat limited, but l hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not !et this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am aiarmed at the proposal put In by Akhiiesh jha, which endeavors to build '"500 units, in four 11 story towers, ruining our beautiful natural environment This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This ls merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponizat1on. l realize that currently your tools are somewhat limited, but l hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions, it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank. I am a resident of Rancho Palos Verdes, living at _ _:[)!}_~_ )Y -Q\"'-..\..J O 0 1 ~ I am alarmed at the proposal put in by Akhilesh Jha. which endeavors to build -500 units. in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other. far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited. but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions. it would severely damage property values. increase traffic and pollution in an already extremely high traffic area. and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely. -~ ywJ(~ .in f-· n1c, i •• iC)' 1c1·r,;·! r·t-~i-t: ;~•~ l'"f"1rltf'r:-;\l\1 ;:i (~f~\/'f'il")l'")~'r , • , I,. J, ·, \ ) , ,_ •,, .,'., f ff1 , J, _, , ' , ,, .. • ..... / l,,, , .. \ ,,• -,. , -.... t \,_ uLli" lailun .. '. tu have our _,,p HI ,.:·,1,,·,J-··,n·1·:1j ,·n1n•)'1-·1r·1rf> ; ,,. ,_. , , l' ... -t .. ,.,,.I ,.(I,, ( ,..,. ,., ,. · , 1 t· I I( "'··· .... , • .-_:,(J: .. t c!t~ve,I cJf.)e1· \1Vf:/tF):.)r11 zi:::1 ti()11. ,H(' 1 •,tdli\''iV/1,1,' /1riHU:_,l. b:d l h:lf',c' /DU w;e absolutely e·vtc:iy ,,·r-;•,r1 t," i I'"',' Vl""Pji("l [lf-' ;:,n ey''·''~(')r,• c·,f ('"')f( , I •,. , • < ~ r• , , \ . , •/ ... , : . ; , _ . ,, I ~ ,.__, .• \_, ,., . ,. , ~,/ • -• ~ ~ itic.rf~<;i'.:-.. ;e traffi(· anc1 fJOllutic)n in <··~n t'.it) ;J (_j,:,if Iv h;:-1s!s of h()\f./ gr·c~ecfy· John Cruikshank Mayor, City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 John.cruikshank@rpvca.gov Dear Mayor Cruikshank, I am a resident of Rancho Palos Verdes, living at _11.iJY./l I '/) 6 C /2-0 A D I am alarmed at the proposal put in by Akhilesh jha, which endeavors to build -500 units, in four 11 story towers, ruining our beautiful natural environment. This is the opposite of what it means to live in RPV. RPV is about nature as we all know. There are a ton of other, far better places to put in low-income housing. This is merely a developer taking advantage of the Builder's Remedy for a windfall in profits off of our failure to have our housing element approved. All of the other Palos Verdes cities are in substantial compliance, and it's disappointing that we were left vulnerable to this sort of developer weaponization. I realize that currently your tools are somewhat limited, but I hope you use absolutely every tool at your disposal to prevent this from happening. This would be an eyesore of epic proportions. it would severely damage property values, increase traffic and pollution in an already extremely high traffic area, and we'd be reminded on a daily basis of how greedy developers bested our city council. Please do not let this happen. Sincerely, From: Sent: To: Subject: Attachments: nnoushkam@yahoo.com Tuesday, May 7, 2024 5:16 PM CityClerk; Enyssa Sisson Material for May 7th 2024 Agenda ltem#2 RPV City Council Noushkam RPV City Council Landslide May 7 2024 Briefing.pdf Attached please find my charts for commenting on agenda item#2 for tonight's RPV City Council meeting. Thanks, Nikki Noushkam 1 Landslide Discussion Points May 7, 2024 Nikki Noushkam Item #1 : City of RPV focused on addressing PVDS, while RPV residents are left addressing the landslide issues by themselves • RPV City Council has made number of public statements about supporting the RPV residents • " ... It's been expensive, but we're not necessarily thinking about that ... really what we're thinking about is let's do the necessary things now. We'll worry about bills and invoices later ... " • The GHADs (ACLAD and KCLAD) are neighborhood organizations and were never set up to deal with major disaster issues • Request City of RPV to provide Geotechnical analysis support and include the full Portuguese Bend landslide complex (mother nature knows no boundaries) ~ ~ Reduced extents of fastest movement (red and pink) Reduced movement rate at road / forcemain location The City must make its residents a priority. The current City of RPV actions are more about saving PVDS and the businesses than helping the residents & contradicts previous public comments Portuguese Bend Landslide Complex Stagn;AleaNIOR.location ~IE-,)~ • Prooos,edHycnugetAITil)'S I CE -2}L_ -~SwtaceFl'Kll.n~ ~Acces.Roue -P~~ -P'rc9o9edSwale Veg.!tadon Communion Coesta.l S111ge Sc;:n.b-RlJUS OofTW'lated ecasm1 Sage saw -Undfferemilkd 4----Flow ol Grounawater Oirecuon e 1-in . dia. pilot sacnrtcial dual borehole Item #2: Request for City of RPV to Stop the Flow of Water into Klondike Canyon • Request the City of RPV address the water flow in their property into the into the Klondike Canyon IMMEDIATELY • The tarp solution is not working, and water is directed into the fissures and earthen ground • The water flow continues to cause damage to home in western Seaview neighborhood • Tarps flow the water into neighbors' backyards r-:1 ==·-· -::::: .. •--=-==-====-:--:---:--. ----===================:--i, rL'IA/l'.l.11 Water draining into Klondike Canyon just below Conqueror Trail 24/7 without mitigation Torn tarp in Klondike Canyon, routing water into Seaview neighbors Request the City of RPV to address the and water flow into the klondike Canyon and stopped it IMMEDIATELY! • • It em #3: Request for City of RPV to Peer Review of KC LAD 5-Point Executive Summary: KC G HAD Plan Forward: Klondike Canyon Geologic Hazard Abatement District (emergency meas ures ) Step 1 $1,275K -Temp 16" flex pipe i n Klond ike Canyon from PV South to head of Klondike Canyon Slide Step 2 $1 ,000K -Add 3 new water extraction wells at beach in Klondike & 1 observation well at Dauntless KCLAD has developed a 5-point emergency measure plan to address the landslide issue in Klondike Canyon Step 3 $1,000K -Fill fissures at head of Klondike Slide & Remove dirt at interface of Portuguese PB & KC Slide in PBC Step 4 $900K -Create Storm Drain at the head of the Beach Club Slide that channels the water to the Klondike Request that the City of RPV peer review results of the KCLAD 5-point plan & provide actionable recommendations Ste7 $1,185K -4 additional tactical drain items to help mitigate slide (added by Steve C Feb 2024) -$5,400K -Total! Step 1 & Step 4 Note Cak:WllKltll.•e&Sknales ····Step 1 •····Step4 Step 2 5 active Wells -400K GaVday 210 days to remove 2023 rains {we have 2.5 now) Step 3 Fill Fissures Head of Klondike Slide ·--, ... ~~~~~;•;~'t :J" ,-~--• . :,._ .. : ~ , .. _, .,, Remove earth to relieve pressure in PBC o , t Seavte<N Town Hau I Klonchke Canyon Geok>gic Hazard Abatement Orstna KCGHAO • Apnl 2024 The request KCLAD 5-point plan is peer reviewed by the City of RPV geotechnical engineer & geologist Step 5 Repair rain damage t, Klondike 48~ storm drain System damage and 3 other rainwater related items Item #4: Traffic Speed-Limit Signs and Weight Limitations are Needed on PVDS • Large tractor trailers (including 18-wheelers) are continuing to use PVDS • Some vehicles are also speeding through PVDS, resulting in near- misses and creating high risk of accidents • Recommend the City of RPV to install speed-limit and weight limitation signs on PVDS at entrance to the City of RPV (from San Pedro), Hawthorne Blvd & PVDS, and before reaching the slide area Item #5: Request for additional GPS monitoring points in the Seaview area Enlargement (Seaview) • There is clear evidence of continuing land movement at the border and outside of the current landslide complex boundary • The land continues to move rapidly along the eastern boundary of Klondike Canyon landslide at Admirable Dr. and Exultant Dr. The land has dropped~ 12 inches since March 21 st Council Meeting and additional new fissures have formed on Exultant Dr. Water Pipe break on April 6th 2024 at 4318 Exultant Drive Areas with visible signs of land movement but no GPS monitoring points TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MAY 7, 2024 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 M Email exchange between Staff and Jil Mastous 2 Update from Staff – Attachment D Construction Contract with Malcolm Drilling Emails from: William and Marianne Hunter; Claudia Gutierrez; Tony Buesing ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, May 7, 2024**. Respectfully submitted, _________________ Teresa Takaoka L:\LATE CORRESPONDENCE\2024\2024 Coversheets\20240507 additions revisions to agenda.docx From: Sent: To: Cc: Subject: Good morning Ms. Mastous, Vanessa Hevener Friday, May 3, 2024 9:05 AM jilmastous@gmail.com Ara Mihranian; Ramzi Awwad; Megan Barnes FW: Edco Rate Increase Thank you for your email. EDCO offers several discounts to assists residents lower their trash bill. EDCO offers the CARE program discount of 5%. In addition, senior citizens who are 65 years or older also qualify for a 10% discount. To further reduce your trash bill, EDO also offers an additional 5% discount for pre-payment. Your total trash bill could be reduced by a total of 20%. To take advantage of these offers, please visit https://www.rpvca.gov/DocumentCenter/View/18209/Available-Discounts-for-Customers-PDF?bidld=. Please let me know if you have any questions. Thank you. Vanessa Hevener Project Manager vhevener@rpvca.gov Phone: (310) 544-5333 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov -----0 rigina I Message----- From: Jil Mastous <jilmastous@gmail.com> Sent: Wednesday, May 1, 2024 7:47 PM To: CC <CC@rpvca.gov> Subject: Edco Rate Increase [Some people who received this message don't often get email from jilmastous@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification] EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear Mayor and City Council Members, 1 Edco is an outstanding company and I applaud all of the employees who work so hard. It would be wonderful if you would consider the seniors a discount from the 6% rate increase. It is so difficult as the Peninsula Senior population is trying to survive the economic climate we face. Many companies, such as our utility companies have "Care" discounts. Thank you for your consideration. Jil Mastous ( 310) 935-5115 jilmastous@gmail.com 2 Subject: Attachments: FW: Late Correspondence Landslide Emergency Staff Report (2 of 2) Attachment D-Emergency Hydraugers Contract w Malcolm.pdf From: Ramzi Awwad <rawwad@rpvca.gov> Sent: Tuesday, May 7, 2024 11:11 AM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Teresa Takaoka <TeriT@rpvca.gov> Subject: RE: Late Correspondence Landslide Emergency Staff Report (2 of 2) Honorable Mayor and Councilmembers, This email contains the final attachment as late correspondence, Attachment D-emergency hydraugers construction contract with Malcolm Drilling. Please let me know if you have any questions or concerns. Thank you. Sincerely, RamziAwwad Director of Public Works ra.wwad@~mt Phone -(31 O) 544-5275 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvc_a.gIDl DOWNLOAD -'ttt.r ~ GETITON ,,,-Google Play Thi<; e mail rnessacie contains infonnation belonging to the City of R2md10 ~\ilos Verdes, which rnay be p1·ivileged, confidentiill, and/or protr,cted from disclosure. The infonnation is intended oniy for use of the individuill or entity narnecl. Unauthorized dissemination, clistribution, or copying is strictly prohibitC'cl. If you received t1•1is ernail in error, or a1·e not an intended r·ec.ipient, plea!;e notify the sender immccl1atcly. Thank you for your assistance and coopl:rntion. From: Ramzi Awwad Sent: Monday, May 6, 2024 6:01 PM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Teresa Takaoka <TeriT@rpvca.gov> Subject: Late Correspondence Landslide Emergency Staff Report (2 of 2) Honorable Mayor and Councilmembers, In this email are the following attachments: • Attachment B-Updated Geologist Report and Maps • Attachment E-Emergency Hydraugers PSA w/Geologic • Attachment F-Emergency Hydraugers PSA w/Hout 1 • Attachment G-Emergency Hydraugers PSA w/Hansen • Attachment H-Letter to Rolling Hills Tomorrow morning you will receive the final attachment, the construction contract with Malcolm for the emergency hydrauger installation, as we are obtaining signatures this evening. Please let me know if you have any questions or concerns. Sincerely, Ramzi Awwad Director of Public Works IaWW~® Phone -(31 O) 544-5275 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpYCago_y DOWNLOAD -'flf.r , ~ GITITON ,: Google Play nus c mail rnessaqe contains information belonging to the City of R,mcl10 Palos Vercles, which may be p1·ivileged, confidential, and/or protected from disclosure. The inforTnation is intenclecJ only for use of the individual or entity narned. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this crnail in error, or are not an intendecl recipient, please notify the sender irnmcdiatcly. Thank you for your assistance and cooperation. 2 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 Project Name/No.: -------Contract No.: Project Manager: ______ _ Approved: PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND MALCOLM DRILLING COMPANY, INC. THIS PUBLIC WORKS AGREEMENT ("Agreement") is made and entered into on May 7, 2024 by and between the City of Rancho Palos Verdes, a California charter city ("City") and Malcolm Drilling Company, Inc. a California corporation ("Contractor"). City and Contractor may sometimes be referred to herein as a "Party" or collectively as the "Parties." RECITALS A. The City of Rancho Palos Verdes is home to three active Landslide Complexes commonly known as: the Portuguese Bend Landslide (the "PBL"), the Abalone Cove Landslide (the ACL), and the Klondike Canyon Landslide, also known as the Greater Portuguese Bend Landslide Complex, or Landslide Complex. The landslides have been active since the 1950s. B. The 2022-2023 rainy season brought exceptional amounts ofrain to the region. The 2022-2023 rainy season dumped about 190% of the average annual rainfall in the region, with the region experiencing 20.9" of rain. As a result of the increased amount of rain, all the Landslide Complex have been subject to an alarming increase in land movement. C. As of April 26, 2024, total rainfall for the 2023-24 season (beginning Oct 1, 2023) was 23 .01 ". This is 169% of the historical 67-year average of 13 .63" for this rain gauge. (All data based on LACDPW Rainfall Gauge No. 101 lB at Rolling Hills FS.) D. Beginning in 2018, but particularly since May of 2023, the land movement in the Landslide Complex has increased significantly due to increased rainfall in the last two rainy seasons, which caused the water table to rise dramatically and destabilize the landslides. The City has established, via repeated geologic studies, that a significant factor in the speed of land movement in the Districts is the amount of water in the soil. E. Chapter 2.44 of the Rancho Palos Verdes Municipal Code ("RPVMC") details the powers and responsibilities of the City during emergency circumstances, which is defined in Section 2.24 .020 as "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat." F. After consideration of all facts reasonably available, on October 3, 2023, the City Council proclaimed the existence of a state of local emergency within the Landslide Complex. The state of emergency was extended, as required by statute, on November 14, 2023, December 19, 2023, February 6, 2024, March 19, 2024, and May 7, 2024. The state of emergency is anticipated to continue throughout the execution of the work. 01203.0023/976055.4 1 D-1 [2 ~ DocuSign Envelope ID : D5DCBBEF-8E99-4694-87E4-D2EF1 AE92175 G. On February 4, 2024, Governor Newsom declared a state of emergency for Southern California (including Los Angeles County) on the basis of a powerful storm that would make landfall in the following days. 8.29" of rain were recorded from February 1 through February 9. on the Palos Verdes Peninsula region. On April 15, 2024, the President declared a federal disaster for the areas affected by the severe winter storms, tornadoes, flooding, landslides and mudslides from January 31 to February 9, 2024. H. Pursuant to the authority conferred to it by RPVMC Chapter 2.24 and Section 2.42 .060, as well as Public Contracts Code Section 22035, the City Council has the authority to bypass the City's bidding requirements for a public project to address an emergency, provided the City complies with the requirements of Public Contracts Code Section 22050. I. The City developed the Portuguese Bend Landslide Remediation Project ("Remediation Project") to remediate movement from the PBL. In spring 2017, the City Council appointed then-Mayor Pro Tern Jerry Duhovic and then-Council Member Ken Dyda to a subcommittee to identify possible solutions or strategies to remediate the PBL. This subcommittee was formed to begin a collaborative process with community stakeholders and professional experts from Daniel B. Stephens & Associates , Inc. and Geo-Logic Associates, Inc. ("GLA") to identify possible engineering solutions to remediate the PBL. Additionally, to provide a forum for stakeholder involvement, the City Council convened a committee of concerned residents to chart a path toward significantly reducing movement of the PBL. J. On January 16 , 2018, following a series of public workshops, Staff presented the City Council with a draft Feasibility Study, and on June 18, 2018 , a public workshop was conducted to provide residents with a summary of the Feasibility Study and answers to their questions. On August 7, 2018 , Staff presented the City Council with the Updated Feasibility Study. The City Council then authorized Staff to move forward with the preliminary design of the Remediation Project. K. In sum , the Remediation Project consists of filling fissures to prevent water infiltration , construction of a drainage swale to convey stormwater to the ocean, and installation of hydrauger drain arrays to intercept groundwater and extract artesian underground water; which are all measures to prevent water from entering the ground and contributing to movement. As development of the project was continuing through the California Environmental Quality Act ("CEQA") and final engineering process, conditions of the PBL dramatically changed. The rate of movement increased by orders of magnitude . The project as originally envisioned will not be viable unless the landslide is first stabilized to an acceptable rate of movement such that the various components of the project can be installed and withstand land movement, which would not be the case at current rates of movement. L. Therefore, in conjunction with GLA, the City has been developing an emergency stabilization project. The new project, the Emergency Hydraugers Project , consists of installing emergency hydrauger arrays with underground drains to extract water. These measures must be installed immediately to stabilize the area because the current rate of movement, if not significantly slowed, will result in severe impacts to public infrastructure , utilities, and residential structures. The land movement will cause the eventual closure of Palos Verdes Drive South, a vital arterial roadway that carries approximately 15,000 vehicles per day and is an essential evacuation route. -2 - 01 203 .0023 /976055.4 D-2 [2 G: DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 The land movement may also result in the rupturing of twin sewer trunk lines that serve thousands of homes. The movement has damaged utility poles with their electric and communications wires. Many homes are at risk ofred-tagging due to land movement. Finally, the PBL must be stabilized to facilitate the Remediation Project. M. Installation of the emergency hydraugers and the associated work requires a specialty contractor. The pool of such contractors is very limited and the same is true for their availability, especially when they are asked to respond in a very short time. On behalf of the City, the GLA team screened a dozen drilling contractors with directional drilling capability, which is necessary for the emergency hydraugers. Upon completion of the screening process, three contractors that could meet the project requirements (i.e., directionally drill wells of required • diameter and length, and reach the target depth of 150 feet below the landslide surface) were interviewed by GLA on behalf of the City to further vet their technical capabilities and experience. The interview process revealed that only two of these contractors can meet the project requirements in their entirety, Malcolm Drilling, Inc. (Malcolm) and Ellingson DTD (Ellingson). Both contractors visited the project site twice and worked with GLA to further understand the scope of work. Ultimately, the two contractors determined that they could only meet the project objectives and timeline by combining their resources, with Malcolm as the prime contractor and Ellingson as the sub-contractor. Staff directed GLA to use this expedited approach to procuring a construction contractor because it would otherwise take several months to go through the formal bidding process, which would significantly delay the start of construction with potentially catastrophic consequences for the PBL. N. Completing plans, specifications, construction documents, and cost estimates for two hydraugers and associated work is very specialized and complex, making it very time consuming, typically taking more than one year to complete. Given the nature of the emergency, an unconventional approach to the design was needed. Staff determined that the fastest approach to constructing the emergency hydraugers is a staged approach where design is progressed to a point where construction can commence while design continues in stages that remain ahead of the progress of construction. This means that the details of the staged scopes of work and their costs will need to be negotiated on an ongoing basis as construction advances, as further articulated in Exhibit A. When also considering that data collected during construction will be used to confirm design assumptions and inform any modifications, as well as the continued movement and changing groundwater conditions, the staged approach to design and construction becomes even more necessary. 0. Therefore, based on the foregoing, the Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein. AGREEMENT 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: -3- 01203.0023/976055.4 D-3 [2 G DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 ARTICLE 1. CONTRACTOR SERVICES 1.1 Scope of Work. The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Bid Documents for the project entitled Emergency Hydraugers Project ("Project"), in accordance with the terms and conditions of this Agreement (the "Scope of Work"), which may be referred to herein as the "services" or "work" hereunder. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in strict compliance with the Bid Documents and all local, state, and federal laws and regulations. As used herein, "Bid Documents" refers to all of the documents included in the solicitation of bids for the Project and Contractor's bid proposal(s), including but not limited to, the Request for Bids issued by Geo-Logic Associates, Inc., on behalf of the City, Summary of Work, Instructions to Bidders, Bid or Bid Proposal (attached hereto as Exhibit A-1 and incorporated by reference), General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein, and includes additional documents related to the Project which may be generated after the execution of this Agreement. The Bid Documents are incorporated into this Agreement. In the event of any conflict or inconsistency between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern. The work will proceed on a phased basis, as further articulated in Exhibit A. 1.2 Incorporation of Green book. The provisions 2021 Edition of the Standard Specifications for Public Works Construction, including any updates, amendments, or addenda thereto ("Greenbook") are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict or inconsistency between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern. 1.3 Incorporation of Contractor's Standard Agreement. The provisions of Contractor's Standard Agreement And General Conditions Between Owner And Constructor For A · Public Works Project ("Contractor's Agreement and Conditions") are attached hereto as Exhibit Band incorporated by reference. In the event of any conflict or inconsistency between this Agreement and Contractor's Standard Agreement, this Agreement shall govern and take precedence over Contractor's Agreement and Conditions. 1.4 Compliance with Labor and Wage Laws. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1 720 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. Contractor shall post job site notices, as prescribed by state law and DIR regulations . -4- 0 l203 .0023/976055.4 D-4 G2 ~ DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 (b) Registration with DIR. Pursuant to Labor Code Section 1771 .1, Contractor and all subcontractors must be registered with, and pay an annual fee to , the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately , and in no case more than 24 hours , after receiving any information that Contractor's or any of its Subcontractors' DIR registration status has been suspended , revoked , expired, or otherwise changed. (c) Prevailing Wages. Contractor shall pay prevailing wages as 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, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq .), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor 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 Contractor shall , as a penalty to the City , forfeit $200 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 Contractor or by any subcontractor. ( e) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776 , which requires Contractor and each subcontractor 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. (f) Apprentices. Contractor 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. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement , Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. It is anticipated that the Project will provide no apprenticeable occupations . (g) Eight-Hour Work Day. Contractor acknowledges that 8 hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Sections 1810 and 1811. As required under Labor Code Section 1812 , Contractor and each of its subcontractors shall keep . an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement. Failure to comply with these sections of the -5- 01203 .0023/976055.4 D-5 ~ G: DocuSign Envelope ID : D5DCBBEF-8E99-4694-87E4-D2EF1 AE92175 Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code Section 1813 . (h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall , as a penalty to the City , forfeit $25 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8 hours in any one calendar day and 40 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 Contractor in excess of 8 hours per day, and 40 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 1.5 times the basic rate of pay. (i) 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 Californi-a Labor Code Section 1861 , Contractor 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 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." G) Contractor 's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor 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. Contractor 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 . Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations , and approvals as may be required by law for the performance of the services required by this Agreement. Contractor 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 Contractor'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. -6- 01 203 .0023 /9760 55.4 D-6 (:2 ~ DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1 AE92175 1.6 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Work 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. Contractor warrants that Contractor has or will investigate the Project site and is or . will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. 1.7 Discovery of Unknown Conditions. (a) Pursuant to Public Contract Code Section 7104, Contractor shall promptly , and before the following conditions are disturbed, notify the City, in writing , of any: (i) material Contractor believes may be hazardous waste as defined in Section 2511 7 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown , or latent physical conditions at the Project site , materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature , different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of Contractor's services hereunder. (b) City shall promptly investigate the conditions , and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor 's cost of, or the time required for, the performance of any part of the work, the City shall issue a Change Order in accordance with Section 1.11 of this Agreement. (c) The drilling operations performed by Contractor and/or its subcontractors in strict conformance with the Project plans & specifications may impact the current slide conditions. City shall defend, indemnify , and hold Contractor and/or its subcontractors harmless from any and all liability suits, claims , costs , and expenses , including reasonable attorneys ' fees which may arise out of a change in the slide conditions due to the performance of Contractor's work. ( d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties . 1.8 Unidentified Utilities. To the extent required by Government Code Section 4215, City will compensate Contractor for the cost of locating , repairing damage not due to the failure of Contractor to exercise reasonable care , and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy , and for equipment on the Project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or -7- 01203 .0023/97605 5.4 D-7 [2 G: DocuSign Envelope ID : D5DCBBEF-8E99-4694-87E4-D2EF1 AE92175 appurtenances whenever the presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the Project site of the construction; provided , however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications . If Contractor, while performing the work , discovers utility facilities not identified by City in the plans or specifications , Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code Sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations. 1.9 Trench Excavation. Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation , a detailed plan showing the design of shoring, bracing , sloping , or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City , or a registered civil or structural engineer employed by the City to whom authority has been delegated , prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This Section 1.8 shall not be deemed to allow the use of a shoring , sloping, or protective system less effective than that required by the Construction Safety Orders (set forth in the California Code of Regulations , Title 8, Subchapter 4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its employees . Full compensation for sheeting , shoring , bracing , sloping , and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item in the Bid Documents, and no additional compensation will be allowed therefor. ' 1.10 Protection and Care of Work and Materials; Safety of Personnel. (a) The Contractor shall adopt reasonable methods in light of the land movement conditions where the work will occur, including providing and maintaining storage facilities, during the life of this 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 responsible for all such damages , to persons or property, until acceptance of the work by City , except such losses or damages as caused by City 's own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City's consent, assign, sell , mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. (b) Notwithstanding any provision of this Agreement or the Bid Documents , all work is to be accomplished at the direction of the Project Manager. Contractor will only perform work which is solely determined by Contractor to be safe for Contractor 's personnel and within the safe limits and capabilities of Contractor's equipment. In the event Contractor determines any work to be unsafe, Contractor shall so notify the Project Manager in writing and with specificity within 24 hours of discovering unsafe conditions. -8- 01203.0023 /9760 55 .4 D-8 [2 G: DocuSign Envelope ID : D5DCB8EF-8E99-4694 -87E4-D2EF1AE92175 (c) In the event that drilling operations undertaken by Contractor and/or its subcontractors in strict accordance with the Project plans & specifications, result in the loss or damage of any tooling, equipment, or materials owned by Contractor and/or its subcontractors , City agrees to compensate Contractor and/or its subcontractors for the value of such lost or damaged items. 1.11 Warranty. (a) The warranty prov1s1ons of this Agreement apply defective of faulty materials and equipment. Materials, equipment, or work product damaged by the movement of the land shall not be subject to the warranty provisions of this section. Additionally , the parties reserve the right to negotiate for specific warranty as part of each Task Proposal negotiation, and any such Task Proposal and related Change Order will control over this general warranty section. (b) Contractor warrants all work under this Agreement (which for purposes of this Section 1.11 shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. ( c) Contractor agrees that for a period of one year ( or the period of time specified elsewhere in this Agreement, or the Bid Documents , or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance by the City for the Project, Contractor shall within 10 days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement , commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense . (d) Notwithstanding the foregoing , Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall , at its sole cost and expense , repair, remove and replace any portions of the work (or work of its sub- contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions , including , without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. ( e) All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City , regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary , on behalf of the City . In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Bid Documents, to the reasonable satisfaction of the City, -9- 01203 .0023/976055.4 D-9 ~ (1 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 the City shall have the right to correct and replace any defective or non-conforming work at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.12 Inspection by City. In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor's agents or subcontractors against the City. 1.13 Additional Work and Change Orders. (a) 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 Work or make changes to the work 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 Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum (as defined below), and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (Change Order). All Change Orders must be signed by the Contractor and Project Manager ( or his or her designee) prior to commencing the extra work thereunder. (b) Contractor shall be entitled to compensation for any additional work required as a result of mitigation measures taken to address changes in slide conditions or any other unforeseen circumstances or Unknown Conditions. (c) Any increase in compensation of up to 10% of the Contract Sum or $250,000, whichever is less; or any increase in the time to perform of up to one hundred 180 days may be approved by the Project Manager, provided that such increase does not materially affect the work in a detrimental manner or materially and detrimentally affect the interest of the City. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. -10- 01203 .0023 /976055 .4 D-10 [2 G: DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 ( d) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor's Bid attached hereto as Exhibit A-1. If the rates in the Contractor's Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and the Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows: (i) Labor: The cost of labor shall be the actual cost for the wages of workers and subcontractors performing the work for the Change Order at the time such work is performed. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or the lowest current price for which such materials and equipment are reasonably available at the time the work is performed, whichever is lower. (iii) Daily Reporting: Contractor must provide a daily report that includes all invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include the following: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may , at the City's sole and absolute discretion, waive the Contractor's rights to payment for the work performed for that day. ( e) It is expressly understood by Contractor that the provisions of this section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation; provided that City and Contractor may negotiate additional compensation for unknown underground conditions that could not have been discovered through Contractor's due diligence (Unknown Conditions). City may in its sole and absolute discretion have similar work done by other contractors . (f) In the event Contractor encounters Unknown Conditions , it shall notify the Project Manager in writing within 48 hours of discovering the conditions. Within 10 days , Contractor shall provide a detailed description of the Unknown Conditions and , if feasible, a proposed Change Order to a specific Task to resolve the Unknown Conditions. If not feasible , Contractor, the Project Manager, and the City's geotechnical engineering consultant will confer with all due haste to draft a detailed Change Order , which shall include a revised timeline and budget for completion of the Task. (g) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this section are followed. -11- 01203.0023/976055.4 D-11 [2 ~ DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Compensation. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor's Bid , attached hereto as Exhibit A -1 and incorporated herein by this reference. Subject to any additions or deductions that may be made by Change Order (as defined below) or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor's o:: expenses , not to exceed $9,000,000 (Nine Million Dollars) (Contract Sum) for completion of the Jr\ work ; provided that, the full extent of the work to complete the Project may be amended as the work progresses and informs later Tasks. The Contract Sum shall be finalized to reflect the work, as directed by the Project Manager and completed by Contractor, in accordance with the rates provided in Exhibit A-1, or as may be negotiated by the parties for each Task. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated by this Agreement until its acceptance by the City, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications , and the requirements of the Bid Documents and this Agreement. (b) Compensation shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Bid Documents. ( c) Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs , telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in a City-approved Task Proposal , in accordance with Exhibit A. City shall reimburse Contractor or its subcontractors in the event that any of the work undertaken pursuant to this Agreement results in the loss of or damage to any tools, equipment, or materials owned by Contractor and its subcontractors, based on the value of the tools, equipment, or materials at the time they are lost or damaged. (d) The Contract Sum shall include the attendance of Contractor 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 Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Invoices . Each month Contractor shall furnish to City an original invoice 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, Contractor is certifying compliance with all provisions of this Agreement. • All invoices shall include a copy of Contractor's Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement , as applicable, with Contractor's first invoice. If these -12 - 01203 .0023 /9760 55.4 D-12 G? ~ DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 rates change at any time during the term of this Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change. 2.3 Payment. City shall independently review each invoice submitted by the Contractor 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 Contractor which are disputed by City , City will cause Contractor to be paid within 45 days of receipt of Contractor's correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City's warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event that City does not cause Contractor to be paid within 45 ( days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than 7 days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected . Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law (with respect to any defects in the work performed by Contractor, or otherwise). 2.4 Retention. City will deduct a 5% retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within 60 days after the date of completion of the work per task, as required by Government Code Section 7107. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed 150% of the disputed amount. ARTICLE3. PERFORMANCE SCHEDULE 3.1 Schedule of Performance. Contractor shall begin work within 5 (five) days after receiving a Notice to Proceed from the City and the work is anticipated to be completed within 120 consecutive working days from the date on which Contractor received the Notice to Proceed, provided that the Task Schedule for each Task shall govern . Time is of the essence. If the work is not completed within the time period provided for each Task, liquidated damages shall apply as set forth below. 3.2 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 Contractor, 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, -13 - 01203.0023 /976055 .4 D-13 (2 ~ DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within 10 days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager 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 Project Manager such delay is justified. The Project Manager's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.3 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $2,500 (Two Thousand Five Hundred Dollars) as liquidated damages for each working day of unreasonable delay in the performance of any service required hereunder. Unreasonable delay is defined to mean work stoppage longer than 5 days that is caused by the Contractor, and does not include work stoppage due to third parties, materials or equipment failure, delay in materials or equipment delivery, damage caused by land movement , or newly identified Unknown Conditions. Contractor shall under no circumstances be liable to City for any indirect, consequential or exemplary damages arising out of or relating to this Agreement. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215 , Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of a utility to provide for removal or relocation of utility facilities . Liquidated damages will be capped at 5% (five percent) of the Contract Sum, as that amount may be updated per Section 2.1. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor's work under this Agreement, either during performance or when completed. If City finds that Contractor's work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor's sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City 's acceptance shall be conclusive as to such work except with respect to latent defects , fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including , but not limited to , Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively . ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor ("Principals") are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith : -14 - 0120 3.0023 /9760 55.4 D-14 (2 ~ DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 Brock Nieuwkoop (Name) Joseph Hakim ____ _ (Name) Rosalie Galindo (Name) Jeremiah Martin (Name) VP, So Cal District Manager (Title) Construction/Project Manager (Title) General Superintendent (Title) On-Site Superintendent (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 Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally , Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any , assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor 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 . Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City . Neither Contractor, nor any of Contractor'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. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Project Manager. The Project Manager for the City shall be Ramzi Awwad, Public Works Director or any other person as he may designate. It shall be the Contractor 's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager or his/her designee, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. -15- 01203.0023/976055 .4 D-15 [2 Gf DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor 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. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Subcontracting. The experience , knowledge , capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor 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 . Subcontractors may be added to resolved Unknown Conditions . All subcontractors shall obtain, at its or Contractor's expense, such licenses, permits , registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. 4.6 Assignment. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation oflaw, whether for the benefit of creditors or otherwise , without the prior written approval of City , which shall not be unreasonably withheld. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than 25% of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. This limitation shall not apply to assignments to any company that is a subsidiary or parent company of Contractor. In the event of any such unapproved transfer, including any bankruptcy proceeding , this Agreement shall be void . No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City . ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages . Without limiting Contractor's indemnification obligation to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor 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. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 , in -16- 01203 .0023/9760 55 .4 D-16 [2 ~ DocuSign Envelope ID: D5DCBBEF-BE99-4694-87E4-D2EF1AE92175 an amount not less than $2,000,000 per occurrence, $4,000,000 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 "insure_d contract" language will not be accepted. The Product and Completed Operations coverage under the policy shall extend a minimum of three years after completion of the Project. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed "by or on behalf' of the insured. The policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. The policy shall specifically provide for a duty to defend on the part of the insurer. (b) Automobile liability insurance. Contractor 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 Contractor 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. Contractor 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 Contractor 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 . Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). (e) Builder's Risk Insurance. Contractor shall maintain Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor's Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the -17- 01203 .0023 /976055.4 D-17 [2 ~ DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1 AE92175 policy as "covered operations ." The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location , including non-owned disposal sites. 5.2 General Insurance Requirements. (a) Subcontractors. Contractor 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. (b) Proof oflnsurance. Contractor 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. ( c) Duration of Coverage. Contractor 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 Contractor, its agents, representatives, employees or subcontractors. ( d) Primary/noncontributing. Coverage provided by Contractor 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. (e) 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 the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay the premium from any payments due to the Contractor. In the alternative, City may cancel this Agreement. (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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss . Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform -18- 01203.0023/976055.4 D-18 [2 ~ DocuS ign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 Contractor 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 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. 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. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a 3 0 day notice of cancellation ( except for nonpayment for which a 10 day notice is required) or nonrenewal of coverage for each required coverage. G) 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. (1) Separation of Insureds . A severability of interests provision must apply for all additional insureds ensuring that Contractor'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. Contractor 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 Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subconsultants, 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 this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor'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 , -19- 01203 .0023 /97605 5.4 D-19 ~ ~ DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. ( q) Additional Insurance. Contractor 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. Except as provided below, Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, "lndemnitees") from and against all liability , loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's (or its employees', officers', agents', or subcontractors'; collectively, "Contractor") performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under this Agreement, or by or on account of any act or omission by the Contractor during the progress of the work or at any time before the completion and final acceptance of the Project by the City , except with respect to any loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnitees as determined by a court of competent jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys' fees, expert fees and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against the Indemnitees with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In instances where City or its Indemnitees is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. -20- 01203 .0023 /976055.4 D-20 [2 ~ DocuSign Envelope ID: D5DCB8EF-8E99-4694 -87E4-D2EF1AE92175 Contractor shall ensure that the performance of any work hereunder is done in compliance with all applicable state , local and federal rules , laws and regulations related to accessibility and reasonable accommodations and modifications for persons with disabilities, including but not limited to the Americans with Disabilities Act as amended, 42 U.S.C. § 12101 et seq., and its implementing regulations at 28 C.F.R. Parts 35 and 36 (ADA), and§ 504 of the Rehabilitation Act of 1973, as amended , and as applicable , 29 U .S.C. 701 and the implementing regulations at 24 C.F.R. Parts 8, the Fair Housing Act as amended, 42 U.S.C . 3601, et seq . and its implementing regulations at 24 CFR Parts 100 , the Fair Employment and Housing Act, California Government Code § 12926, Title 24 of the California Building Code, and any requirements of the City. Contractor hereby agrees to indemnify , defend , and hold City and all City Representatives free and harmless against any and all Losses and Liabilities arising from its failure to perform any work hereunder in accordance with all applicable disability access requirements and requirements under the Americans with Disability Act and its implementing regulations. Contractor's duty to indemnify and hold harmless shall not extend to any impact that drilling operations may have on the land movement, except to the extent such impacts are due to the negligence of Contractor. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance, Labor, and Warranty Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds in the form required under the Bid Documents or otherwise by the City Clerk: (a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the Contract Sum, as stated in Section 2.1 ("Performance Bond"). (b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the Contract Sum, as stated in Section 2.1 ("Payment Bond"). ( c) The parties reserve the right to negotiate for specific warranty bonds as part of each Task Proposal negotiation. Any warranty bonds negotiated as part of a task order shall guarantee the Contractor's warranty under section 1.10 of this Agreement. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney . The bonds shall be unconditional and remain in force during the entire term of this Agreement. City shall release the Performance Bond and Payment Bond when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement, (b) the work for the Project -21- 01203 .0023/976055.4 D-21 [2 ~ DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 has be finally accepted by the City, and ( c) after passage of the time within which lien claims are required to be made pursuant to applicable laws ; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved , Contractor has provided statutory bond, or otherwise as required by applicable law. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or higher in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or larger, unless otherwise approved by the City's Risk Manager due to unique circumstances. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City , the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City . ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep , such ledgers , books of accounts, invoices, vouchers, canceled checks, reports , studies , certified and accurate copies of payroll records in compliance with all applicable laws , 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 Project Manager 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 Project Manager 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 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 Contractor 's business , custody of the books and records may be given to City, and access shall be provided by Contractor's successor in interest. Notwithstanding the above , the Contractor 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. Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require . Contractor 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, Contractor agrees that if Contractor 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, -22 - 01203 .0023/9760 55 .4 D-22 [2 GE DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost(s) related thereto. 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 Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Project Manager or upon the termination of this Agreement, and Contractor 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. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor 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) Information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct. (d) Contractor shall promptly notify City should Contractor, 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 -23- 01203 .0023 /976055.4 D-23 G2 ~ DocuSign En velope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 with respect to the Project. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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 Contractor 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 Termination. This Agreement may be terminated in accordance with Sections 6-7 and 6-8 of the Greenbook . 7.3 Dispute Resolution Process. Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. For purposes of these procedures, "claim" means a separate demand by the Contractor, after the City has denied Contractor's timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City. The following requirements apply to all claims to which this Section applies: (a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided in this Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or -24- 01203 .0023 /976055.4 D-24 ~ G DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon . (b) following format: Supporting Documentation. The Contractor shall submit all claims in the (i) Summary of the claim, including references to the specific Bid Document provisions or provisions under this Agreement upon which the claim is based. (ii) List of documents relating to claim: (a) Specifications, (b) Drawings, ( c) Clarifications (Requests for Information), ( d) Schedules , and ( e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim. (v) Analysis of the claim's cost, if any . (vi) Analysis of the claim's time/schedule impact, if any . (c) City's Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and , within a period not to exceed 45 days , shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim , and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested , the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period , or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim , the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required , it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. (d) Meet and Confer. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing , either within 15 days of receipt of the City's response or within 15 days of the City's -25- 01203 .0023 /9760 55.4 0-25 [2 ~ DocuSign Enve lope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. ( e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time . (i) If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. (iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City's Responses. The City's failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City 's failure to respond shall not waive City's rights to any subsequent procedures for the resolution of disputed claims. (g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite -26- 01203 .0023/97605S.4 D-26 [2 ~ DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of$375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less: (i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 ( commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure , notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (iii) Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 ( commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys' fees of the other Party arising out of the trial de novo. 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 provision or a waiver of any subsequent breach or violation of any provision of this Agreement. -27- 01203 .0023 /976055.4 D-27 [2 ~ DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 Acceptance by City of any work or services by Contractor 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 Unfair Business Practices Claims. Pursuant to Public Contract Code Section 7103.5 , in entering into this Agreement, Contractor offers and agrees to assign to the City all rights , title , and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U .S.C. § 15) or under the Cartwright Act (Chapter 2, ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods , services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties . 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 Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Contractor 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 Contractor 's performance of services under this Agreement. Contractor 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 Project Manager. Contractor 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 this Agreement which effects . his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State -28- 01203 .00 23/9760 55.4 D-28 [2 G: DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 statute or regulation. The Contractor 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. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 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. Contractor 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. Contractor 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 Contractor 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, Contractor 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 Provisions Required By Law. Each and every provision oflaw and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction. 9.2 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 Project Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, and in the case of the Contractor, 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 hours from the time of mailing if mailed as provided in this Section. -29- 01203 .0023 /976055 .4 D-29 [2 G: DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 9.3 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. 9.4 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. 9.5 Integration; Amendment. This Agreement, together with the documents incorporated herein (including the Greenbook and the Bid Documents) and the exhibits attached hereto constitutes the entire, complete and exclusive expression of the understanding of the Parties with respect to the subject matter hereof. 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 Contractor 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 . 9.6 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. 9.7 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 they are directly or indirectly interested, or in violation of any corporation, partnership, or association in which they are 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. Contractor 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. Contractor further warrants and represents that they have not engaged in any act(s), omission(s), -30- 01203.0023 /976055.4 D-30 G? ~ DocuSign Envelope ID : D5DCB8EF-8E99.-4694-87E4-D2EF1AE92175 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. Contractor 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. 9.8 Corporate Authority; Successors & Assigns. 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) the 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] -31- 01203.0023/9760S5 .4 D-31 [2 [! DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. ATTEST: City Clerk APPROVED AS TO FORM: Aleshire & Wynder, LLP City Attorney CITY: CITY OF RANCHO PALOS VERDES , a municipal corporation Mayor CONTRACTOR: MALCOLM DRILLING COMP ANY INC., a California corporation By :~..,,c--" ,d .... J<""/J f DocuSign ed by: N ___ ~,GW.iK o~l!o LJwkoop Title: District Manager/ vice President By : ____________ _ Name: _____________ _ Title: --------------- Address: Malcolm Drilling co., Inc . 4926 N. Azusa Canyon Rd. Irwindale, CA 91706 Two corporate officer signatures required when Contractor 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. CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY. -32 - 01 203 .0023 /976055.4 D-32 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ____ , 2024 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 PENAL TY 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 CAP A CITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORA TE OFFICER □ □ □ □ □ TITLE(S) PARTNER(S) 0 □ LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0023/976055.4 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DA TE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE D-33 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ____ , 2024 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 CAP A CITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORA TE OFFICER □ □ □ □ □ TITLE(S) PARTNER(S) 0 □ LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0023/976055.4 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE D-34 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 EXHIBIT A SCOPE OF SERVICES I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the Bid Documents for the Project, including any documents or exhibits referenced therein. II. Brief description of the work to be performed: The Project will consist of an array of underground drains at the toe of the landslide to extract water trapped below ground. The specific location of this underground drain array was selected to target the area of largest movement in the PBL, the southeastern portion of the toe of the PBL. The specific location for this drain array is relatively accessible , has a power source nearby, and is close to groundwater discharge points. Another emergency hydrauger underground drain array is anticipated at the head of the PBL to reduce the intensity of artesian pressure at the toe of the PBL by intercepting groundwater flow causing the pressure. This underground drain array will be located at the only other practically accessible location at this time, based on rates ofland movement and ground conditions . Details of the Project may change as conditions are uncovered by the drilling and installation process. Changes to the scope of the Project shall be reflected in each Request, per Section III , below. The work shall be performed on a 10 hour/day, 6 days/week basis . III. The work shall proceed by Task or Phase (referred to as Task for convenience), the scope of each of which will be provided by the City as soon as the parameters and engineering design for each Task are completed by the City (including any of its consultants), with input from the Contractor, the City's geotechnical engineering consulting firm, and the City's geologist. The following process shall apply. A. Each Task to be performed shall be set forth in a written request ("Request") provided by the City with a description of the work to be performed, and the time desired for completion. All Tasks shall be carried out in conformity with all provisions of this Agreement. B. Following receipt of the Request , the Contractor shall prepare a "Task Proposal" that includes the following components: 01203 .0023/976055.4 1. a written description of how the requested Task will be performed ("Task Description"), including all components and subtasks required engineering, and including any clarifications of the descriptions provided in the Request ; 2. the costs to perform the task ("Task Budget"), including a detailed bid schedule, to be developed using the critical path schedule methodology; and D-35 ~ G: DocuSign E nvelope ID : D5DCBBEF-8E99-4694-87E4-D2EF1AE92175 based on agreed rates in Exhibit A-1, or as may otherwise be negotiated by the parties. 3. a schedule for completion of the task ("Task Completion Schedule"), including a final completion date ("Task Completion Date"). 4. Task Proposals, Task Budgets, and Task Completion Schedules shall be developed while prior Tasks are in process, with the goal of continuous construction on all phases of the Project. C. The Project Manager shall approve the Task Proposal or require modifications in writing, and issue a Notice to Proceed when a written agreement has been reached on the Task Proposal. D. The task shall be performed at a cost not exceeding the Task Budget, provided that unknown conditions discovered following commencement of work, which could have been discovered despite the Contractor's due diligence, may be approved pursuant to a change order. E. Contractor shall complete the Task and deliver all deliverables to Project Manager by the Task Completion Date and in accordance with the Task Completion Schedule, subject to any extension granted due to schedule impact generated by unknown conditions discovered following commencement of work and approved pursuant to a Change Order IV. In addition to the requirements of Section 6.2, during performance of the Services, Contractor will keep the City appraised of the status of performance by delivering the following status reports: A. Contractor shall provide to City a weekly written summary of progress on all approved Tasks with specific reference to the Project Manager-approved Task Completion Schedule(s). B. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. C. Certified payroll will be delivered to the City biweekly. Certified payroll must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. V. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. VI. Contractor will utilize the following management personnel to accomplish the Services: 01203 .0023/976055.4 D-36 G:' ~ DocuSign Envelope ID : D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 A. Brock Nieuwkoop, VP, SoCal District Manager B. Joseph Hakim, Construction/Project Manager C. Rosalia Galindo , General Superintendent D. Jeremiah Martin, On-Site Superintendent 01203.0023/976055 .4 D-37 (:2 ~ DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1 AE92175 01203.0023/976055.4 EXHIBIT A-1 CONTRACTOR'S BID PROPOSAL [Attached] D-38 MALCOLM Look to tile Blue April 02, 2024 Attention: Ramzi Awwad Public Works Director Department of Public Works 30940 Hawthorne Blvd . Rancho Palos Verdes , CA 90275 Subject: DRAFT Proposal for Installation of Hydrauger Arrays E-1 and E-2 Portuguese Bend Landslide Rancho Palos Verdes, California Dear Mr. Awwad: Malcolm Drilling, Inc . (MDCI) is pleased to present the attached "DRAFT" proposal to the City of Rancho Palos Verdes (City). The content of this proposal is based upon the remedial design for the Portuguese Bend Landslide (PBLS) developed by Geo-Logic Associates, Inc. (GLA). MDCI understands that the remedial measures will be implemented in two phases. Our draft proposal is for Phase I of the remedial project (project) which calls for the installation of hydrauger arrays E-1 and E-2 Lower ( directionally drilled and installed by our subcontractor). Each well profile geometry is established and developed based upon investigation bores installed by MDCI under direction of GLA and interpretation of the data collected by GLA. A series of exploratory wells (sonic drilled) with instrumentation will be employed to determine the actual phreatic and artesian surface within each array prior to finalizing the horizontal well profiles . Our proposal is based upon information conveyed to MDCI by GLA, i.e. several iteration of Interim Drawings Not issued for Construction , Site Visits, meetings and presentations. MDCI also reviewed preliminary remedial design drawings developed by GLA and provided cost analysis for its completion (Please refer to Attachment 5 Annotated Drawings. This proposal contains the following information: • Detailed breakdown of anticipated unit prices and daily costs, as anticipated and available information at this point of the project • A rough order of magnitude of the estimated total cost of phase I of the project, including cost of installation of E-1 and E-2 "lower" arrays by our subcontractor. • An approach to value engineering, i.e ., an approach that allows for design/implementation modifications as project progresses . • Tentative project schedule (i.e ., anticipated total duration of the project); • Brief information on made -made materials that will be used as a part of this project (e.g., for grouting and crack-infilling purposes). MDCI understand that the success of this project depends on value engineering, i.e ., on our close collaboration with the design engineer, GLA and Hout Construction Services (HCS) who to our understanding will be overseeing the project on behalf of the "City" in a role of an overall Construction Manager. MDCI is committed to close collaboration with GLA and their Engineers and Geologists . To facilitate your review of the proposal, an attempt has been made to delineate project roles (MDCI , GLA , HCS and CITY) and roles of other stakeholders involved in this project (e .g., our subcontractors Malcolm Drilling Company, Inc . Contractor's License No. 259543 DIR Public Works Contractor Registration No. 1000003389 D-39 att M~~';,C?,~M and the City). The proposed scope of work includes: • Mobilization of equipment and resources to the project site; i.e. Grading Equipment, Sonic Drilling equipment, Directional drilling equipment etc. • Perimeter fencing where required, access routes and set up SWPPP: o Install erosion control measure, only silt fence, fiber rolls and construction entrance, and remove items at the end of the job. o Access to the E-1 Array will be from the existing paved street, Palos Verdes Drive South . A narrow, elongated parking strip located to the northeast of the street has been designated as the work area for the E-1 well array installation. We anticipate that some earthwork will be required to provide a 150ftx150ft work pad. (enough pad to orient the drill rig with the desired alignments for wells oriented to the southwest through west. o Access to the E-2 Lower array will require modification of "ISHIBASHI Farm Trail and PEPPERTREE Trail" into a temporary access road, as well as drill pad construction . o Access to Dual-Purpose boreholes (sonic drilled) "lnstrumention/Dual Vertical Boreholes" • Backfilling of cracks/ Fissures in the vicinity of E-1 (this is required to access locations for advancement of dual-purpose boreholes/instrumentation holes (sonic bores)); • Installation of necessary dual-purpose boreholes ; required for defining geometry and well profiles for installation of E-1 array drains; consists of sacrificial stand pipe piezometers, vibrating wire piezometers, gyro points , and sacrificial inclinometers; exact instrumentation needed in borehole to be determined by EOR. • Installation of E-2 array drains based on currently observed field conditions (access established in 'March 2024) and guidance provided by EOR; • Other items required for successful completion of this project (access grading, removal of cuttings, provide pumps for E-1, facilitate water conveyance to the Klondike canyon for E-1 and to the existing corrugated metal pipe for E-2 , etc.). • Adherence to safety protocols and regulations to ensure the well -being of our personnel and the surrounding environment. MDCI understands the urgency associated with the execution of this project and is fully committed to its success . MDCI is available to mobilize on -site on April 9, pending the completion of contract agreement. MDCI estimates that the cost of the proposed installations will be in the range of $9,000,000 .00 and that the duration of Phase I of the project will consist of 100 working days based on 10 -hour workdays; and 6-day work week. Attached please find MDCl's DRAFT standard contract for your review and consideration . We are eager to discuss the details further and address any questions or concerns you may have . Malcolm Drilling Company, Inc. Contractor's License No . 259543 DIR Publ ic Works Contractor Re gistration No . 1000003389 D-40 DRAFT Proposal for Installation of Hydrauger Arrays E-1 and E-2 The Scope of grading and site preparation work in addition to the backfilling of cracks/fissures work activities will be dependent on site constraints and are to be performed on a Time and material basis plus reasonable overhead and profit. Labor and MDCI Owned equipment shall be compensated at the rate below, Materials, Subcontractors and any additional directed work shal be compensated at cost plus 15% . CRAFT CLASSIFICATION ST RATE OT RATE DT RATE MANAGEMENT LABOR Project Manager $157.96 $157.96 $157.96 Project Engineer $107 .76 $10 7.76 $107.76 Safety Representative $129.64 $129.64 $129.64 Superintendent $193.92 $244.81 $295.70 DIRECT CRAFT LABOR Foreman $181.19 $240.28 $299.34 Laborer $122.81 $159.64 $196.47 Operator Group $158 .62 $207.41 $256.20 Drill Rig Operator OP -$159.47 $208.65 $257.80 Concrete Pump Oper. $158.04 $206.56 $255.08 Subsistence / Per Diem * $160.00 Per Work day *Anticipating having 3each (at least) resources on subsistence. MDCI OWNED NUMBER KEY EQUIPMENT DESCRIPTION PLANNED Hr. RATE Klemm 807 (Fissures/crack Backfilling) I $411.00 Concrete Pump I $ 116 .00 Pickup truck 3 $ 30.00 Welding truck (including 500 Amps welding machine) I $ 45.00 Komatsu PCl28 Excavator I $ 94.00 Air Compressor 900cfm I $ 239 .00 Please refer to attachment 3 for the anticipated breakdown of crew sizes, equipment and Costs for the following anticipated scope: • Coordination of required Permitting and subm ittal s - • Mobilization of required equipment • Potholing for utility locates • Work Perimeter fencing, access routes, drilling pads and set up SWPPP • install erosion control measures • Clear and Grub work area and laydown area • Provide support for directional drilling operation ; • Ground water control : Flow rates measurements, Connect drainage system from E-1 and E-2 drains to Klondike Canyon and the existing water pipeline respectively. Malcolm Drilling Company, Inc. Contractor's License No. 259543 DIR Public Works Contractor Registration No. 1000003389 D-41 ao M~~C;.'?!-M Instrumentation Dual Purpose Sonic Borings "ANTICIPATED" (BASELINE) SCOPE OF WORK: Well location , depth, screen length , setting of VWP and inclinometers will be based on field conditions and at the direction of EOR. All work is to be accomplished per the direction of HCS, which will closely be collaborated with EOR. MDCI does not guarantee performance of the work in any way and/or completion schedules and MDCI will only perform work which is solely determined by MDCI to be safe for our personnel and within the safe limits and capabilities of our equipment. The drilling operations performed by MDCI and/or its subcontractor may impact the current slide conditions. Owner shall defend , indemnify , and hold MDCI and/or its subcontractors harmless from any and all liability suits , claims, costs, and expenses , including reasonable attorneys' fees which may arise out of a change in the slide conditions due to the performance of Constructor's Work hereunder • Mobilization of Sonic Rig , equipment , and tooling to s~e . • Install 7 each proposed instrumentation wells located at E-1. 11 thru 17 in locations shown on attached plan . Wells are to be drilled to a depth of 150'. Install 3" inclinometer casing , and grout in place 1 VWP at each well. Any other instrumentation is required to be supplied by others. Each borehole depth and installed features can be determined in the field based on the location characteristics . • Install 5 Each proposed in strumentation wells located at E-2. I 9 thru 113 in locations shown on attached plan. Wells are to be drilled to a depth of 150 '. Install 3" inclinometer casing, and grout in place 1 VWP at each well. Any other instrumentation is required to be supplied by others. Each borehole depth and installed features can be determined in the field based on the location characteristics . • During the Drilling , Continuous Sampling of the soils will be provided. This will be achieved with the "sonic" type of specialty rig. Logging will be done by the EOR. • Methods of drilling the borings : On the deeper soil boring MDCI will start with a 12" borehole to a depth of 1 O'. Once the bore hole is complete , 3/8 bentonite chips will be installed and will be hydrated as installed. MDCI will then move to the next holes and install the surface seal at each location. On the next day MDCI will return with a drill through pan (see Attached Photos) The pan will have a 5'x1 O" stub out the bottom that will be wet set into the bentonite seal to create a seal between the borehole and the pan . This will allow the water to come up the drill casing and discharge into the drill pan. (As an alternate we may choose to run 30 ' of 1 O" pipe as the seal and drill through the 1 O" with 9.25 this would force the water into the pan for collection). From the pan the water will be collected using the mud pump attached to the hydraulics of the drill. The water will be pumped from the pan to a settlement tank then will gravity feed from the tank to the HOPE pipe allowing the collected water to safely convey down the hill not causing additional washout. If during drilling water is allowed to be disposed on the ground surface the pan and seal will act as a water collection if the artisan flow is greater than expected. In addition to the water control measures MDCI will have onsite 2 inflatable packers to be used to mitigate the uphold water pressure if we are unable to seal the well or control the flow . This would allow for the decommissioning of the well if needed. Malcolm Drilling Company, Inc. Contractor's License No . 2 59543 DIR Publi c Works Contr ac to r Regi stra t ion No . 100000338 9 D-4 2 00 M~!-:,~?"!-M ESTIMATED PHASE I PROJECT COSTS -INSTRUMENTATION DUAL-PURPOSE SONIC DRILLING HOLES 11-I 7 Dr i !li ng -All to a d e pth of 150' Ite m No. De scription Qty Unit Unit Pri ce Tot al Fix e d Pri ce 1 Mobi Ii zation 1 EA $ 27,500.00 $ 27,500.00 2 Demobilization 1 EA $ 23,500.00 $ 23 ,,500.00 3 Sonic drilling day ra te 16 Day $ 16,535.00 $ 264,560.00 4 Consumables -Initial startup 1 LS $ 146,275.00 $ 146,275.00 5 Cement-Pallet 3 EA $ 770 .00 $ 2,310.00 6 Bentonite Ge l -Pallet 2 EA $ 856 .00 $ 1,712.00 7 Sa mp le Bags 7 Roll $ 350.00 $ 2,450 .00 8 Inclino meter· Casi ng-10' sti ck 105 EA $ 177.00 $ 18,585.00 9 Vibratingwir·e 1 50 ' 7 EA $ 856.00 $ 5,992.00 10 Inclinometer Anchor· 7 EA $ 256.00 $ 1,792.00 11 Water truck and associated wa ter 1 LS $ 8,000.00 $ 8,000.00 T OTAL $ 50 2,676 .00 I9thru 113 Drilling to a de pth of 150' Ite m No. De scri pti o n Qty Uni t Unit Pri ce Total Fixed Pric e 12 Mobilization 1 EA $ 27,500.00 $ 27,500.00 13 Dern o bi I izati 011 1 EA $ 23,500.00 $ 23,500.00 14 So n i cdr·illing day ra te 12 Day $ 16,535.00 $ 198,420.00 15 Consumab le s -Second drilling sect i on 1 LS $ 65,000.00 $ 65,000.00 16 Cement-Pa llet 2 EA $ 770.00 $ 1,540.00 17 Bentonite Gel -Pallet 1 EA $ 856.00 $ 856 .00 18 Samp le Bags 5 Ro l l $ 350.00 $ 1,750.00 19 Incl i nornete r Casi n i:i-10' stick 80 EA $ 177.00 $ 14,160.00 20 Vi br·ati ng w i r·e 150' 5 EA $ 856 .00 $ 4,280.00 21 In clinomete r Anchor 5 EA $ 256.00 $ 1,280.00 22 Water Trnck and associat d wa te r· 1 LS $ 8,000.00 $ 8,000.00 TO TA L $ 346,28 6.00 DRAFT GENERAL CONDITIONS: 1. A Project Daily Report (PDR) or Extra Work Report (EWO) will be completed by MDCI authorized representative. The PDR/EWO shall be submitted to the Prime Contractor's representative for approval daily. 2. All work is to be accomplished per the direction of the Prime Contractor's representative. MDCI does not guarantee performance of the work in any way and/or completion schedules and MDCI will only perform work which is solely determined by MDCI to be safe for our personnel and within the safe limits and capabilities of our equipment. 3 . Rates are subject to union wage increases and fluctuation of trucking costs. 4 . MDCI to provide fuel for equipment. 5. Equipment standby rates will be charged at 0 .5 of equipment rates.(Negotiable) 6. Costs for material , rental equipment, subcontractor invoices, shipping costs , small tools and other miscellaneous items not listed above will be charged at invoice plus 15%. 7. MDCI has excluded any off-site hauling of spoils. MDCI assumes that the spoils generated by the Malcolm Drilling Company, Inc. Contractor's Licens e No. 259543 DIR Public Works Contractor Reg istration No . 1000003389 D-43 MALCOLM Look to the Blue works can be disposed of on-site. Directional Drilling Array E-1 and E-2 Lower, please refer to attachment 2 for more details. We look forward to working with you on this project. Please contact me at 626-483 -9805, or by email jhakim@malcolmdrilling.com , if I can provide further assistance or clarification. Sincerely, Joseph Hakim Estimator/ Project Manager Brad Jones Estimator/ Project Manager Attachments: 1) Pricing Breakdown 2) Ellingson-OTO Technical Proposal for Array E-1 and E-2 3) MDCI Statement of Qualifications 4) Draft Contract Agreement 5) Schematic Annotated Drawings Malcolm Drilling Company, Inc. Contractor's License No. 259543 DIR Public Works Contractor Registration No. 1000003389 D-44 D-45 ESTIMATED TOTAL PROJECT COST CONTR ACTOR :jr--------M-,-,,-o-,m-o,-;11-,,-9-C-om_p_a_,y_l_ac_. ______ -,j PROJEC T DESCR IPTI ON :'-----'P..=8.::cLS"-=-'-'Phc:c•ccse"l~E"-1~&"E"--2::..l.::cowc.e:cc< ____ +----~ REVI SION #: SUBMITTED BY <Na me):~--· J_os~•p~h_Ha_k;_m __ --i LUMP SU M CHARGES MOBILIZATION FOR EQUI PMENT I DEMOBILIZATION FOR EQ UIPMENT I OTHE R Training I TOTAL LUMP SUM TI ME AND MATERIAL CO STS RE IMBURS ABLE INDIR ECT CRAF T LABOR , STAFF & SU PERV ISION • Hou rs and costs for all support staff (not directly invo lved with the actual work), clerical and supervi sion. Supervision & Indirect Staff • Hou rs and costs fo r alt support staff (not direc tly involve d with th e actua l work), clerica l an d sup ervisio n. NUMB ER SHIFT DURATION TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TRAVEL CRAFT CLASSIFICATION PLANNED PATTERN (DAYS) ST HOURS STRATE OT HOURS OT RATE OT HOURS OT RATE HOURS LABOR COSTS ALLOWANCE ProjectManil!ler 75 600 s 157.96 157.96 0 s 157.96 600 s 94,773.60 Projec t Engineer ,oo 800 s 107.76 200 s 107.76 0 s 107.76 1.000 $ 107,760.00 sarctyRep<esentaUve 75 600 s 129.64 0 s 129.64 0 s 129.64 600 77,781.60 Supefintendcnl 100 800 $ 193.92 200 $ 244.81 0 s 295.70 1.000 204,098.40 0 $ TOTAL 2,800 400 0 -:><C 3,200 s 484.413.60 s REIMBURSABLE DIRECT C RAFT LABOR -All c raft labo r, w orking foreman level and below . Includ e Direct La bor+ Fringes & Taxes {l.e., FICA, FUTA, SUTA, employment taxes, Wor km an's Comp, Hea lth Ins., Retirem ent, etc.) NUMBER SHIFT DURATION TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TRAVEL CRAFT CLASSIFICATION PLANNED PATTERN (DAYS) Fiuure/C rackfilling Foreman 100 Laboret group 100 Forklift -excava!orOperator Group 100 Drill Rig Operator 36 ConcretePumpOl)ef. 36 TOTAL CONTRACTOR'S RE IM BURSABLE OWNE D EQUI PMENT (SH Leg1nd !or descrlpllons) ESTIMATE BASIS EQU IPMEN T DESCR IPTION START OT ENO DATE Klemm 807 (Fissures/crack BackfiWno) Concret e Pump Pickuptruck Welding truck (including 500 Amps weld ing machine) Komatsu PC 128 Excavator Air Compressor 900cfm TOTAL REIMBURSIBLE 3RD PARTY EQUIPME NT (See L~end fo r ducdpllons) ESTIMATE BASIS EQUIPMEN T DESCRIPTION START OT ENO DATE MINI-EXCAVATOR 4000-4999 LBS DS L ROPS LIGHT TOWER VERT MAST MAN NARROW BODY BACKHOE 70.97HP 4WO CAB EXTENDAHOE OSL TRE NCHER RIDE-ON 35-49HP DSL COMPACT TRACK LO ADE R 200Q.2399LB CAB TELEHANOLER 12000LB 5S-56 FT LIFT ROPS 20KW GENERATOR OSL PUMP TRASH 2IN GAS PUMP TRASH 4IN GAS TRUCK WATER 4000GALLON DSL Temporary Spill Berm 1Z x 5a DOZER 04JD6K W /SLOPE BOA RD Steel Plates Rollof!Tanks TrailerVac Pumpvacauist TOTAL REIMBURSABLE MATE RIA LS j SH Leg1tn4 lo, d ... crlptlons) ITEM DESCRIPTI ON 1sksandcement slurrvrorbackfiHinc:i Various consumables VariousPiping(burritoOrains.malWJoldsetc .J Various materials estimated lor E· 1 and E-2 Alray directional dr~lifl!I (ELLINGSON OTO) TOTAL REIMBU RSABLE 3RD PARTY SU BCONT RACTOR !S..Legtnd 1o, ducflptlonsJ ITEM DESCRIPTION Estimated Oiroc\Jonal drilling E-1 and E-2 (ELLINGSON OTO) lntrumenlatlon Dual Purpose Sonic Holes (MDCI) TOTAL ST HOURS NUMBER PLANNED NUMBER PLANNED QUANTITY QUANTITY &Kl s &Kl s 800 s 288 s 288 s 2,976 ST RATE 181.19 122.81 158.62 159.47 158.04 RATE 411 .00 116.00 3000 45.00 94.00 239.00 OT HOURS OT RATE OT HOURS OT RATE 200 s 24028 299.34 200 s 159.64 196.47 200 s 207.41 s 256.20 72 s 208.65 s 257.80 72 s 206.56 s 255.08 744 10 # ESTIMATED BILLING UNITS (Per Piece of Equipment) ·• US E ONLY ONE COLUMN PER LI NE •• HOU RS DAYS WEEKS MONTH S 360 360 1000 720 1000 360 # ESTIMATED BILLING UNITS (Per Piece of Equipmen t) ,. USE ONLY ONE COLUMN PER LINE •• HOURS 1.000 1.000 1.000 360 360 3,720 OTH ER RATE HOURS DAYS WEEKS MO NTHS OTHER 7.425.00 6.205.00 7,990.00 8.175.00 7.905.00 9.895.00 2.810.00 800.00 1.020.00 8.120.00 729.30 6.015.93 15.00 1.259.09 420.00 180.00 TOTAL ES TI MATED CHARGES $172.50 $57 ,500.00 $115,000.00 S83 8,925 .00 SO.OD 11,011 ,597.50 TOTAL. ESTIMATED CHARGES SS,256 ,075.00 $848,962.00 SD.DO SO.OD $6,105,037.00 4.5 4.5 4.5 45 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 100 45 100 100 $ $ s s LABOR COSTS 193.(07.62 130.178.7 1 168.382.66 60,948.73 60,388.32 612,906 .03 TOTAL ESTIMATED CHARGES 147 ,960.00 41,760.00 90,000.00 32,400.00 94,000.00 86,040.00 180,040.00 TOTAL ESTI M ATED CHARGES 38,424.38 64 ,221 .75 40 ,908.38 102,413.25 14,54 1.75 4,140.00 5,278 .50 42,021.00 15,096.51 62 ,264.88 13,800.00 32,578.9S 48 ,300.00 20 ,700.00 504,689.34 ALLOWANCE s DATE: 4/312024 $40,000.00 S40,000.00 $80,000.00 DA ILY PER DIEM AVERAGE RATE S TOTAL PE R DIEM 151.38 TOTAL 94,773.60 107,760.00 77,781 .60 204,098.40 I "84,4 1360 DAILY PER DIEM AVERAGE RATE $ TOTAL PER DIEM 164.76 TOTAL 193,007.62 130,178.71 168,382.66 60 ,948.7 3 60 ,388.32 S 6 12,906.03 TOTAL ESTIMATED PROJECT COST $8 ,978,683 .47 D-46 D-47 RANCHO PALOS VERDES EMERGENCY REPAIR 2024 DRILLING PROGRAM LUMP SUM AND UNIT RATE WORK SHEET Item Qty Unit Unit Cost II Notes Mobillzatlon/Demoblllzation Mobilization to RPV 1 LS $ 27,500.00 RT to provide contract transportation from lnvindafe to site. Mobilization includes equipment. material, and crew personnel getting to the site. Demobilization from RPV 1 LS $ 23,500.00 RT to provide contract transportation to Irwindale from site. Demobilization includes equipment and crew personnel getting back to Irwindale from the site. LS Day Rates -Sonic Drilllng-1 Rig Sonic Drilling Day Rate 12 Hours (M-S) 1 Day $ 16,535.00 All equipment, resources, and crew on-site conducting drilling activities. Standby Day Rate Sonic Drill Only 1 Day $ 3,169.00 No active drilling activies, equipment onsite, and crew off-site. Cost is half of the day rate for the sonic drill, and full rates for all other equipment onsitc. Standby Day Rate -Equipment and Crew M-F 1 Day $ 7,550.00 Equipment and crew onsite, work stopped all day. Cost is half of the day rate for the sonic drill, full rates for all other equipment onsite, and crew is paid for 8 -.. « Day Rates -Installation of HDPE 2 man installation crew for discharge 12 Hours (M-S) 1 Day $ 5,993.00 !!Includes all equipment, recources and crew on-site conducting installation activities Standby Day Rate -Equipment and Crew 1 Day $ 3,250.00 Drilling Consumables and Materials Consumables (bits, core barrels, bag liner, spare parts, etc) 1 Rig 1 Is $ 146,275.00 4-inch PVC (Sch 40) well screen-10' length 1 LF $ 11.50 4-inch PVC (Sch 40) solid -10' length 1 LF $ 9.75 2-inch PVC (Sch 40) solid -20' sticks 1 LF $ 2.25 Annular Filter Pack (sand#8) 3000 pounds 1 EA $ 437.00 Annular Seal -Bentonite Chips -Pallet 1 EA $ 730.00 Portland Cement -Pallet 1 EA $ 770.00 Bentonite Gel -Pallet 1 EA $ 856.00 Sample bags 1 Roll $ 350.00 Inclinometer casing 10' stick 1 EA $ 177.00 Inclinometer Anchor 1 EA $ 256.00 Vibrating wire Piezometer 300' 1 EA $ 875.00 Vibrating wire Piezometer 150' 1 EA $ 856.00 Data Logger with Lithium D Cell 3.6V 19AH 1 EA $ 3,818.00 Dewatering pump 300' depth 55 GPM 2 Phase 1 EA $ 2,150.00 Dewatering pump 150' depth 55 GPM 3 Phase 1 EA $ 2,000.00 Bottom cap and well sea! -4-inch 1 EA $ 51.00 Pump Box 1 EA $ 2,187.00 Pan 1 EA $ 2,500.00 8" HOPE DR 17 1 LF $ 11.50 Health and Safety 0 LS $ 0 LS $ 0 LS $ Other 0 LS $ 0 EA $ 0 EA $ 0 LS $ Subtotal Local Sales Tax 10.1% on Materials and Consumables Grand Total Total 24-100 Dewatering Emergency drilling estimate.xlsx: Bid Schedule 2024 R1 178-1329.3000.620 II - Equipment and crew onsite, work stopped all day. Cost is half of the day rate for the sonic drill, full rates for all other equipment onsite, and crew is paid for 8 hours. Material includes the following: 30' 10" casing, 150' 9.25" casing, 300' 8" casing, 10' 12" casing, 300' inner rod, 3-ea core barrels 8" & 7", 3 ea 8" bits, aui flapper, and core. 3 ea bits 7" auger, flapper and core. 3 ea casing shoes 10", 9.25" 8", 1 ea core barrel driver 8" and 7", 3 ea casing shoes 10", 9.25", 8".j pads, 3 tubs grease. Once material is used additional materials to be bought at cost plus 15% Page 1 of 1 0-48 Rev. 0 May 1, 2021 // I;~: ,:,. -.. '.,.,~LJBSLIDE 'I: ' ' .... •• Ir_ .~~ .i.., •*.,, \ ·•1 \ /, -. ' .,, .,I I · '·, I ·,, ,-' /. ' / ~ i ,, '.' ,>11,,, 1 ··: ,I, I\ 1, ,.:1, "''. ",11 ,, ')1,,, \t / I I ~) Ill I ( ' • I I I ;,tfl\\;11, \ I• ,'Ji\.. .'' \j • , I I ' •, ' \ 'l1tf_. I ■■-'■■-....... , r:. ,' , ·/~! 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ANO BEOROCK CONOITIONS 2 CONTRACTOR IS RESPONSIBLE 10 INSTALL GROUTED CONOIJCTOR ANDK>R SURFACE CASING WITHAOEOIJATE CAPAOTY TO PREVENT BLOVvOUT ANCWOR OTHER POTENTIAL ADVERSE EVENTS RELATED TO HYORAUGER INSTALLAT!_..ON. OPERATION. ANDK)R MAINTENot.NCE 3 EXISTING TOP<X;RAPHY PROVIOEO BY OTY OF RANCHOS P-"l.OS VEROESOATE0:2017 ANOUPOATEOSY CALVAOASURVEYING. INC IN JANUARY2024 4 CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY ELEVATIONS '""'' ~ CONTRACTOR TO FURNISH ANO INSTALL PUMPS AND ELECTRICAL CONNECTIONS FOR PUMP •ASSISTED SW-"1.ES 6 CONTRACTOR TO INSTALL PLUMBING CONNECTIONS TO EXISTING DRAINAGE LINESANDIOR PROPOSED SWALES 7 CONTRACTOR IS RESPONSIBLE TO CAPTURE WATER PROOUCEO FROM ORAINS OURING CONSTRUCTION. PERFORM AIIIAL YTICAI. LABORATORY TESTING OF RE~ESENTATIVE WATER SAMPLES. FIJR:NISHANO !NSTAU STORAGE. TREATMENT. ANDIOR PUMP1NG EQUIPMENT AS NEEDED FOR COMPLIANCE WITH PERMIT REQUIREMENTS $ "BRIC PROJECT LIMITS" DENOTES PROJECT AREA IDENTIFIED IN "£1UllDING RESILIENT INFRASTRUCTURE AND COMMUNITIES" FUNDING APPLICATION PACKAGE ')' ' ' I I I ' l' , '''--' '\ ,, --; i'/i,1/liif '· ,/ Cl!eMl r\amed .~ l1tle block. sokl~~~·=-1~': 1:~ a:"::i;,_ INTERIM WORK PRODUCT -NOT FOR CONSTRUCTION Tor I~• u~;,O! tt,1>,dri,w,ng on an~ PENDING I PENDING I DATE OF ISSUE PENOING ,r DESIGNED BY AW ORAWNSY __ C_M __ CHECKED BY ~ an APPROVED BY ~ ~~O~~A~~9ic 3150 Bnstol Street Suite 210, Costa Mesa. California 92625 gco-log,c.coml71 4.465.8240 ~ THE CITY OF RANCHO PALOS VERDES J09.olOHAWTHORNEBLVO RANCHO PALOS VERDES.CA 90275 CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION DRAWING NO. 4 LOS ANGELES COUNTY, CA I I PROJECT NO. PROPOSED E-1 HYORAUGER LOCATION so23.1202 D-49 / ,----/ --_--, /, .... I ', ,·\j,, I ' ' -11'<1'1•' ' ) ~ ''' ,, 0 I :. 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Inc lihaU not b& uat>le ror 1111 u~• or mos an,w,ng on any otne, facltty er !er an1 Clher purpOSfl PENO.NG I PENDING I OATE OF ISSUE ~ T OESIGNEOBY AW DRAWN8Y CM CHEC KEDBV PENDI NG APPROVED BY PENDING 811 ' ~.,~ ~~=--·, ~~0C?~M?9ic 3150 Bristol Street Suite 210 , Costa Mesa , California 92626 geo•lo gic.coml7 14.465.824 0 ,l, ' \ I\ I</, (. ,)I'' '' '\~ I :t ,,Jill, Ir1' 'i':' -);, ~'-)\ I , l,,i"-' I ,, ) '\ ~· \ 1 CONTRACTOR!SRESPONS18t.ETOPERFORMPRE-CONSTRUCTION ' \ \,j \ H', •i;I-_ , ~:~~~~~~~~R=;~~RIF't r\ -! -~ ~ :-..:: ·? :1 I V )•_~·\' 2 ~~R~~~:i~s:\~TA~~g0:~~ ~6~~J~ ' \ ,I L ~,' 1, ~(/•_ BlOWOUTmOIOROTHERPOTENTIALAOVERSEEVENTSRELATEOTO ' -., ' ' 1 1 • i 1 1.,, I \ 1 ,....<, 11,:,1•;1 f HYORAIJGER INS TAL LATION, OPERATION. ANDtOR MA INT ENANCE ( ~, ~ -·.,, I' ''\'' 1 / lfll, ,' 1,//,t/,'[. ':/< 3 EJU ST INC TOPQGRAPHYPROVIOEO BY C!TYOFRANCl-iOSPALOS -.. 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"' INTE~IM' WORK' PRODUCT -NOT FOR CONSTRUCTION RANCHO PALOS VERDES; CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION DRAWING NO. 5 ~ THE CITY OF 30940 HAWfHORNE BLVD RANCHO PALOS VERDES.CA 9Cl27S LOS ANGELES COUNTY, CA I I PROJECT NO. PROPOSED E-2 LOWER HYDRAUGER LOCATION 5023.1202 D-50 D-51 ELLI N&SQN- Joseph Hakim, PE Malcolm Drilling 4926 N. Azusa Canyon Road Irwind ale, CA 91706 jhakim@malcolmdrilling.com RE: Proposal for Emergency HOD Slope Drain, Rancho Palos Verdes, CA Ellingson-OTO Bid#: 245001157-REV3 Dear Joseph: April 3, 2024 Thank you for requesting our proposal and cost estimate to install directionally-drilled slope drains as part of the emergency slope stabilization project for the Portuguese Bend Landslide near Rancho Palos Verdes, California. This extensive landslide area has been the subject of numerous investigations and remedial actions. The project is now regarded as urgent to prevent accelerating slope movement at the site. Our understanding is that a system of several arrays of directional borings and unguided "hydrauger" borings has been proposed to stabilize the landslide. Our previous proposal, dated March 22, 2024, was intended to provide a budgetary estimate and a general technical approach to use horizontal directional drilling (HOD) to install one array of five drains at the E-1 site. This proposal provides additional detail at the request of Malcolm Drilling (Malcolm) and expands the scope of the drilling effort to include an additional drain array at the E-2 Lower site. The current design for slope dewatering includes three arrays of five wells or drains each . Ellingson has been requested to provide our approach and cost estimate to drill and install drains for two of the three arrays. Table 1: Preliminary Well Specifications -Array E-1 Well ID Diameter and Material Riser Screen Total Length Length (ft) Length (ft) (ft) ' Drain-1 0 1,200 12-inch bore, 4-inch PVC casing f--------+------- Drain-2 Drain-3 I Drain -4 Drain-5 Total 12-inch bore, 4-inch PVC casing 0 1,200 12-inch bore, 4-inch PVC casing 0 1,200 0 1,200 r=-12-inch bore, 4-inch PVC casing ._ ___ t _ 12-inch bore, 4-inch PVC casin ~ 0 I 0 Ellingson-OTO 56113 State Hwy. 56 West Concord, MN 55985 Voice: 800 -239-5950 100 Rolling Ridge Dr . Bellefonte, PA 16823 Fax: 800-574-8046 Web : www .horizontaldrill.com 1,200 6,000 1,200 1,200 .,-- 1,200 1,200 -- 1,200 6,000 --- D-52 Malcolm Drilling, Rancho Palos Verdes, CA 2 April 3, 2024 Table 2: Preliminary Well Specifications -Array E-2L Well ID Diameter and Material Riser Screen Total Length Length (ft) Length (ft) (ft) D ram-1 12 h b -me ore , 4 h PVC -me casing 0 1200 , I 1200 , L Drain -2 I 12-inch bore, 4-inch PVC casing 0 I 1,200 I 1,200 Drain-3 I 12-inch bore, 4-inch PVC casing 0 1,200 1,200 t Drain 4 I -------~ ---+-1,200-1 1,200-12-inch bore, 4-inch PVC casing 0 I I Drain-5 12-inch bore, 4-inch PVC casing 0 I 1,200 1,200 I Total I 0 i 6,000 i 6,000 I Access to the E-1 Array will be from the existing paved street, Palos Verdes Drive South. A narrow, elongated parking strip located to the northeast of the street has been designated as the work area for the E-1 well array installation. We anticipate that some earthwork will be required to provide a large enough work pad to orient the drill rig with the desired alignments for wells oriented to the southwest through west. The topography upslope to the northwest from the drill site has significant elevation gain and slide activity as part of the designated East Central Subslide. To the west and southwest of the entry points, the topography is hummocky and jumbled, typical of an active landslide. Access to the E-2 Lower array will require modification of an existing trail into a temporary access road, as well as drill pad construction. The equipment to be mobilized to these sites is relatively large and heavy, requiring a road of sufficient width and load bearing support. The rig is track mounted, as is the trackhoe used for support, materials handling, and rod loading . Our rods are typically loaded from a flatbed trailer positioned adjacent to the drill rig . The drill rig is also supported by a drilling fluid recycler system, which is towed into place by a semi-tractor. Watertight, lined roll off boxes are parked adjacent to the recycler to contain drill cuttings discharged from the recycler. Approximate dimensions and weights for the major equipment have been provided separately. In particular, the weight of the recycler with fully loaded mud tanks should be noted. Ellingson assumes that Malcolm Drilling will be responsible for the engineering design of drill pads and access roads on the landslide to assure safe access and equipment operation. Directional Drain Installation Technical Discussion Installing directionally drilled slope drains at this location poses several technical challenges, addressed in this section. The E-1 drains will begin by trending downward into the ground (negative angle) and will flatten out to horizontal at some distance from the entry point . At the present well locations, it is anticipated that the water level in the wells will not reach the surface, hence the wells will not be free flowing and will require pumps for dewatering. The proposed E-2 Lower drain array is intended to intercept and drain water from a steeply inclined water table, which would have a significant difference in hydrostatic head between the wellhead and D-53 Malcolm Drilling, Rancho Palos Verdes, CA 3 April 3, 2024 well end point. Simply drilling an open bore from the ground surface to the target location in such a situation could result in high groundwater flow from the open bore. To minimize risk of uncontrolled groundwater flow from the borehole, Ellingson has included the installation of a 16-inch diameter steel casing (0 .375" wall thickness) in each dewatering well from the ground surface to a length of approximately 80 feet from the entry point . The actual length and positioning of each casing, or its deletion from the design of the drains, will be determined by Malcolm Drilling or others, to provide adequate safety factors to prevent uncontrolled groundwater flow at the casing head, as well as assuring sufficient soil depth and confining pressure over the entire casing to prevent flow at the ground surface above the distal end of the steel casing . To install the 16-inch surface casing, we will drill a nominal 20-inch bore . Typically, the bore will be started with a pilot bore of 12 inches and expanded in increments using a forward reaming tool. After the casing has been installed, we will grout it into place . We will fill the casing with cement and use a plunger to push the cement down and out of the bottom of the casing; the cement reverses direction at the bottom end of the casing and then flows upward through the annular space . After cementing is complete, the cement is allowed to set up for approximately 24 hours prior to continuing drilling operations to advance that bore. It is our understanding that Malcolm Drilling will drill a series of exploratory wells with instrumentation to determine the actual phreatic and artesian surface within each array prior to finalizing the horizontal well profiles. Data derived from this investigation will be used by Malcolm Drilling to refine the well and casing design . Malcolm Drilling or others will be responsible for the design of all groundwater control and slope stabilizing installations associated with the drilling tasks. Depending on design , additional costs may be incurred for groundwater control equipment or activities. These have not been included in our cost estimate at this time. Following any required casing installation, we will drill the bores for drain installation . The proposed bores are single -ended, meaning there is no exit hole that a drainage pipe can be pulled into. Ellingson proposes the use of our patented Knock -Off drilling system to ensure that the drain materials are placed within the drilled bore without potential damage or refusal from caved soil in the bores. The Knock-Off system uses a drillable, steerable, threaded casing in lieu of conventional drill rods. The drill head comprises several proprietary tools , including a detachable drill bit, bit retainer, and navigation sub which retains the GST instrument described previously. Using the Knock Off method, after the bore is completed , the well screen and casing are pushed inside the drillable casing until a proprietary locking end cap engages the drill bit from the back side and releases it from the casing while simultaneously clamping the well materials to the bit itself. The drillable casing is then retracted, leaving the well in place with the sacrificial drill bit as an anchor. We plan to use a retrievable gyroscopic steering tool (GST) to navigate the bit position and steer the bit along the bore path. The GST is an inertial guidance instrument that is installed in the drill string just behind the drill bit and feeds data to the driller's console via a cable. The GST is designed to be retrieved from the drill string upon completion of the bore . With the GST instrument out of the way, well installation then proceeds using normal Knock Off procedures . Using the GST, surface access above the drill bit will not be required, which also increases crew safety, since personnel will not need to traverse D-54 Malcolm Drilling, Rancho Palos Verdes, CA 4 April 3, 2024 the steep landslide terrain. Accuracy of the GST is to within a couple of feet at the depths and locations planned. Our estimate does not include any means or equipment to control groundwater discharge from the bore or well and we are assuming that any groundwater that does flow from the wells will be directed off the location in a manner determined and provided by others. The E-1 drains will function as pumping wells, so well development will be required to remove excess drill cuttings and fine soil and to assure that the screen slots are open. Unde r normal conditions, groundwater extraction wells are developed to remove drill cuttings and drilling fluid and to maximize the hydraulic connection between the well and the surrounding formation. Our normal development process includes flushing the completed well by connecting a source of clean water to the well pipe and pumping water down the well until clean water flows to the surface from the annular space surrounding the well pipe . Following this step, we jet the well screen with a rotating, high-pressure jetting nozzle to remove soil particles from the screen and begin the development of a native sand pack. The final development step is to pump the wells using a submersible development pump supplied by Ellingson. Based upon our experience, we have estimated 10 hours of development time per dewatering well, inclusive of equipment setup time . Additional development, if needed, will be at the rate shown on the cost estimate sheet. Permanent pump specification, design and acquisition will be accomplished by Malcolm Drilling or others, and is outside the scope of this horizontal drilling effort. The E-2 drains are anticipated to be free-flowing artesian wells. We have included 10 hours of development time per drain, if needed, to manage the flushing of drilling mud from these drains by natural flow and any required well jetting. General Scope of Work We envision the general scope of work for the wells as follows: 1. Mobilize to site with appropriate drill rig, tooling, support equipment, and materials. 2. Set rig and equipment up on prepared drill pad (drill pad prepared by others). 3. Install and cement surface casings (as needed). 4. Advance bores and install horizontal drains. 5. Develop drains (as needed). 6. Demobilize from drill sites. Mobilization and Demobilization Ellingson will mobilize the drilling and support equipment to the site using our own or contracted trucking. Equipment typically provided by Ellingson includes the following (approximate size): • 200,000 lb . class (or larger) drill rig (9x70 ft). • Drill cab (8x20 ft). • Mud system (9x50 ft). • Rod trailer (9x50 ft). • Equipment trailer(s) (9x50 ft). • Variable reach lift (telehandler). D-55 Malcolm Drilling, Rancho Palos Verdes, CA 5 April 3, 2024 • Standard (large) excavator. • Water truck (4,000 gal). • Various small equipment including generators, diesel fuel tank, and diaphragm pumps. • Well development equipment including hoses, jetting assembly and temporary submersible pump (permanent pumps to be supplied and installed by others) Equipment and services provided by others include: • Watertight roll off boxes (e .g., 20 cubic yard [CY]) and capabilities to move, transport boxes). • Development water tank (if specified depending on client waste management methods, size varies). • Vacuum truck for waste management as/if needed. • Water source. • Drilling waste disposal service (either disposal area or waste subcontractor). Mobilization includes setup of the storage areas and work areas, secondary containment, and other initial setup activities, including attendance at the site kick-off meeting . Demobilization will include the preparation of all equipment for exit from the site and restoration of the site to a condition reasonably similar to the original condition. We intend to drill the bore with a 200,000 lb. (or larger) class, track-mounted, drill rig. This class rig can generate over 200,000 lb . of thrust and pullback power and is well suited for completing wells at length s specified in this scope of work. The rig µses 31.5 -foot-long, Range 2, 6-5/8-inch diameter drillable oil field casing instead of conventional drill rods, stored on an adjacent semi -trailer and hoisted into position with an excavator. Our Knock-Off drilling system was designed for use with rigs of this size to utilize the larger inner diameter of this casing. The rig is supported by a self-contained drilling fluid (mud) recycler, which carries tanks, pumps, and mud -cleaning components to mix and condition drill mud and discharge drill cuttings into an adjacent rolloff box (provided by Malcolm Drilling or others). Ellingson assumes that Malcolm Drilling or others will also provide transportation for moving rolloffs. Several trailers are used to mobilize the rig, drill cab, drill rod, and mobile shop. The mud recycler is mounted on wheels for over-road travel. Although the rig is self-propelled on tracks , the remaining equipment will require access to the work pad by conventional over the road semi -tractor-t railers. We will rent a large excavator and an extended reach forklift locally to handle drill rods and materials, and to excavate the mud pits . A drill pad will need to be prepared or designated at the well entry locations with sufficient space for the drill rig, drill cab, mud reclaimer, support equipment, and rolloff boxes. This equipment will occupy a minimum area approximately 150 by 150 ft or similar (e.g., 200 by 100 feet). The drill rig requires approximately 70 feet from the entry point to the rear of the mast; some earthwork will likely be required to position the drill rig at the designated entry points for wells in the west to southwest quadrant of the E-1 array. We assume that Malcolm Drilling or others will prepare suitable drill pads and perform any needed earthwork prior to our arrival and will arrange access to a high -volume water supply (e.g ., fire hydrant, tanker truck, or water tanks) near the drill site . Ellingson will supply a water truck to transport water to the drill site . We assume that Malcolm Drilling will be responsible for traffic control and pedestrian D-56 Malcolm Drilling, Rancho Palos Verdes, CA 6 April 3, 2024 guidance and safety, including preparing any required traffic control plans and obtaining associated any required permits. Drilling Fluid Ellingson will use a biodegradable polymer (i.e., biopolymer) as the primary drilling fluid for this project. Biodegradable drilling fluids are mixtures of natural gums and starches that biodegrade over time. This is the main reason for using biopolymer drilling fluids; natural biodegradation reduces development requirements and more completely returns the surrounding formation to its pre -drilled condition. We also introduce a liquid enzyme breaker with the well development water to accelerate the breakdown of residual biodegradable drilling fluid in the formation. Because only limited well development will be performed on these drains, the use of biopolymer fluid will be advantageous compared to bentonite- based fluids. We intend to use this biodegradable drilling fluid during advancement and as needed during the pullback of the drill rods from the well after well material installation. Dry drilling fluid powder is mixed with fresh water in the mud recycler to develop a pumpable slurry with desirable fluid properties for HOD. The mud mixing system is equipped with a high -pressure mud pump and will deliver the drilling fluid to the drill rig via hoses. The drilling fluid travels down the drill rod, cooling the bit assembly and jetting the bore face. The drilling fluid then entrains drill cuttings in the bore and flushes the mixture back to the surface. This mixture of drilling derived waste is recycled through the mud system, which removes the drill cuttings and conditions the mud for reuse . The drill cuttings that are separated on the recycler, along with a small portion of mud wasted, will be directed to rolloffs positioned next to the mud recycler. We assume that Malcolm Drilling will handle disposal of drilling waste as part of their drilling operation elsewhere on the site . Pilot Bore Locating Bore navigation will be performed by a navigation/steering subcontractor using a GST wireline locating system to provide tracking and steering corrections during pilot bore advancement . This approach allows navigation without over-bit access for personnel and equipment. Although the navigation or locating equipment itself can accurately locate the position of the drilling tools, the geological conditions through which the drill bit passes are a key element in the precision with which the well may be placed. For example, drilling the transition from soft to harder strata often results in displacement of the bit if the new material is harder or easier to drill -the bit may skip along hard zones or fall into softer layers, preventing the bit from following the prescribed bore path. Wellhead Seals and Surface Completions As noted above, Ellingson has proposed to install 16-inch steel surface casing to stabilize the entry portion of the bore and to minimize the effects of groundwater discharge the borehole annular space before and after drilling installation. Upon installation of the drains, we will fill the annular space between the 4-inch drains and the 16-inch casing with cement grout . We have not included provision for any permanent surface completions, such as vaults or concrete pads to surround the drain wellheads. We assume that connections from the drains to the primary drainage system and/or surface drainage ditch system will be made by others after we have demobilized. D-57 Malcolm Drilling, Rancho Palos Verdes, CA 7 April 3, 2024 Management of Drilling-Derived Waste Drilling-derived waste will primarily be discharged from the side of the mud recycling unit as a slurry consisting of drill cuttings and waste mud into rolloff boxes for short term storage. Ellingson will manage drilling waste on site and will provide all necessary pumps, suction and discharge hoses, and fittings required for onsite waste fluid management . Since the cuttings are conveyed directly from the mud recycler shakers to the rolloff, this minimizes the potential for spillage, as well as waste handling and disposal costs. Ellingson will provide a backhoe and/or excavator to dig entry and exit pits, move waste between rolloffs (if needed), and perform routine site cleanup, and other tasks, including spill response for minor surface spills . Ellingson assumes that Malcolm Drilling or others will provide rolloff boxes, transportation for moving rolloffs, and/or a vacuum truck for waste management as/if needed. Due to the consistency of this waste , Ellingson recommends watertight 20 CY rolloffs. The number of containers required will depend on how the waste is managed and the total volume . Rolloff boxes ofthis size can only be filled approximately halfway for transportation. If on -site disposal of cuttings is permitted, only one or two boxes may be necessary for waste containment, if they are emptied on a regular schedule (typically by a vacuum truck.) Drilling waste volume can vary considerably due to final well lengths, drilling advancement rate in soft vs hard conditions, and other factors such as caving conditions in the borehole, loss of drilling fluid to the formation, gain of groundwater, soil permeability, and the presence of obstructions. Malcolm Drilling or other responsible party will be responsible for characterization , transportation , and final disposal of the d r illing waste. The waste volume can vary by the final well lengths, drilling advancement rate, and other factors. Cuttings in the drilling-derived waste slurry generally don't settle out of suspension within a short construction time frame . However, a fraction of liquid (or thin slurry) can be removed by a vacuum truck, or pumped to a separate tank, for disposal as a liquid . Although not currently part ofthe work scope , the remaining slurry and solids can be mixed with a solidification agent (e .g., a superabsorbent polymer) to pass a paint filter test for disposal as a solid waste or for land - spreading on a convenient local property . If this option is desired, Ellingson will provide an estimate of the additional cost as a separate item. ELLINGSON has made the following assumptions in preparing this proposal: • This proposal is to drill and install HOD dewatering drains designed and engineered by others . Any recommendations (including the setting of at least 80' of surface casing to minimize uncontrolled groundwater discharge) are simple, observationally-based recommendations and have not been engineered. Any changes to the specifications should be approved by the design engineer . • Drilling conditions are assumed to be native soil and marine sediments , as described in the Geo - logic geotechnical report as tuffaceous shale of the Altamira Shale member of the Monterey Formation . This formation comprises relatively soft, bentonitic shale. We anticipate that soil drilling tooling will be adequate for bore advancement. D-58 Malcolm Drilling, Rancho Palos Verdes, CA 8 April 3, 2024 • Bore navigation will be performed by a navigation/steering subcontractor using a gyroscopic wireline locating system to provide tracking and steering corrections during pilot bore advancement. • All foundations, footings, and buried utilities will be marked for X-Y loc ation and depth prior to our arrival on site. Utilities with five feet of proposed bore paths must be exposed (by others). • Ellingson assumes that Malcolm Drilling will provide a stable drilling pad surface for the drill rig and support equipment and suitable access to the pad for over-the -road tractor trailers. • Malcolm Drilling or others will handle necessary permit applications and notifications . If our assistance is required for this, we request prior notification in sufficient time to acquire permits prior to mobilization to the site . • We assume that Malcolm Drilling will be responsible for traffic control, including preparing any required traffic or pedestrian control plans and obtaining any associated required traffic control permits. • Ellingson cannot take responsibility for the storage, disposal, or characterization of the waste soils, water, drilling fluids, and cuttings generated during this project . Ellingson will manage the waste on site, pumping it to containers provided by Malcolm Drilling or others. We assume that Malcolm Drilling or others will supply 20 CY (or similar size) watertight rolloffs, transportation for moving rolloffs, and/or a vacuum truck for waste management as/if needed. The number of containers required will depend on how the waste is managed and the waste volume generated (note that 20 CY rolloffs can only be filled halfway for transportation). • Ellingson has not included waste solidification in the cost estimate. • We have assumed working hours are 0700 to 1700 Monday through Saturday. Working a 5-day work week may result in a cost increase to cover extended rentals, lodging, and per diem . • Ellingson will initiate a phone call to the local "One-Ca ll " utility locating service prior to drilling activities. However, we expect utility locating (i.e ., potholing) will be provided by Malcolm Drilling or others. • Ellingson will not be liable for damage to roadways, paved parking areas, or structures due to heaving or subsidence from drill operations . • An adequate water supply (e.g ., fire hydrant, tanker truck, or water tanks) is conveniently available near the drill site and access will be arranged by Malcolm Drilling or others. Ellingson will supply a water truck to transport the water to the drill site. • Tooling lo st down hole due to unexpected drilling conditions (e.g ., fill material, concrete, or debris) will be invoiced at its replacement value, including navigation tooling. Estimated replacement pricing is shown on the cost estimate sheet. • Malcolm Drilling or others will provide an on-site liaison to help with logi stics and issues that may be encountered while drilling. • Ellingson holds a C-57 California well driller's license. • Our cost estimate assumes that prevailing wage scales apply for this project. D-59 Malcolm Drilling, Rancho Palos Verdes , CA 9 April 3, 2024 Thank you for contacting Ellingson regarding this request. Please do not hesitate to contact us if you have any questions or would like to discuss the project further. We look forward to working with you on this project. Sincerely, Senior Geologist Vice President ot Engineering Non-disclosure The information (data) provided in this response to data request, proposal or quotation constitutes trade secrets and/or information that is commercial or financial and confidential or privileged. It is furnished in confidence with the understanding that it will not , without permission of the offeror, be used or disclosed for other than evaluation purposes, unless permitted by law, provided, however, that in the event a contract is awarded on the basis of this proposal or quotation the Customer shall have the right to use and disclose this information (data) to the extent provided by law . The restriction does not limit the Customer's right to use or disclose this information (data) if obtained from another source without restriction . D-60 D-61 Statement of Qualifications Malcolm Drilling Company, Inc. D-62 Table of Contents ----------- 1 Company 2 Project Experience 3 Labor/Staffing Capacity 4 Sonic Services 6 Sonic Dri ll Rigs and Platforms 7 Safety Commitment 8 Performance Record 8 Overhead 9 Corporate Information 10 Contact ~ CONTRACTOR QUALIFICATIONS Company Fo unded in 1962 as a fam il y bus iness, Malco lm Dr illing Company , Inc. (MDCI) started with a sing le truck-mounted dr ill rig, primari ly offering drill renta ls and hand li ng sma ll hard-dol lar proj ects. Led by John Malco lm , the fami ly business has thrived over the past s ixty years, evo lv ing into a nationwide enterpr ise. Today, MDC I stands as an industry leader, providing a wide range of core services that encompass design builds, deep foundat ions , retention systems, g round improvement, son ic dri ll ing and dewatering solutions. MDC I is known in the industry for their commitment to accuracy, safety, and qua lity on every job . MDC I strives to de li ver t he best value to its c lients, through trad itional bid-bui ld projects and through innovative and cost-effective design bui ld/design ass ist so lutions . MDC l's goal is to save time and money for owners whi le achieving innovat ion in proj ect de li very. With over 60 years of experience, they co ll aborate with owners and contractors in a time ly manner. MDCl's large equ ipment f leet and high ly ski lled personne l afford them the unique abi lity to comp ly w ith the most rigorous schedu le compression whi le de li vering high-qua lity services and a safe work env ironment. MDC l's experience of project contracting bui lt over many decades, comb ined with their proven safety record make them a trusted and re liab le partner. With a workforce rang ing up to 500 to 1000 ind ividua ls, MDC I has 10 offices throughout Northern America. • Corporate Office C Mountain West District 92 Natoma Street, Suite 400 791 S. Gladiola Street San Francisco, CA 94105 Sa lt Lake City , UT 84104 T: 415.901.4400 • T: 801.972.1126 ~ Northwest District ~ Midwest District 8701 South 192nd Street 102 Hill Court Kent , Washington 98301 Mukwonago, W I 53149 T:253.395.3300 T: 414.574 -4033 ~ Northern Ca liforn ia District ~ Southeast District 3503 Breakwater Co urt 1730 NW 33rd Street Hayward, Ca lifornia 94545 Pompano Beach, FL 33064 T: 510 .780.9181 T: 954.947.3644 Ci) San Diego Office @) Las Vegas Office 16855 W. Bernardo Dr, Su ite 125 6220 McLeod Drive San Diego, CA 92127 Las Vegas, NV 89120 T: 619.329.5188 T: 702.331.5666 ~ Southern Ca li fornia District (i) Texas Office 4926 N. Azusa Canyon Road 701 US 290 Unit #3 Irwinda le, Californ ia 91706 Dripping Springs, TX 78620 T: 626.338.0035 T: 512.434.0361 M:ilrnlrn Dri ll i11g Cornp;,ny Inc. Wapato Headworks Rehabilitation Project Name: Wapato Headworks Rehabilitation Project Location: On the Yakima River near Wapato, Washington Project Objective: Provide subsurface data to support geotechnical engineering Services Provided: Soil samples, SPT samples, Shelby tube samples, and rock core samples. Owner/Engineer: Yakima Tribe of Nations/ DOWL Contact Name: Robert Knapp Contact Details: 208.870.6503 Construction Details MDCI conducted a series of 10 sonic borings, each ranging from 25 to 50 feet in depth, utilizing a 4-inch core barrel and 6 -inch casing. These boreholes were instrumental in gathering essential soil core samples, SPT samples, Shelby tube samples, and rock core samples. The objective was to acquire comprehensive subsurface data to inform the rehabilitation design of a century-old spillway facility. This facility serves as the primary irrigation water source for the lower Yakima River Valley. Sonic drilling operations were executed from various locations, including the dewatered riverbed, the riverbank, an island within the river, and a barge stationed in the river. M:Jk:olrn Drillin 5 Cc,rnp.,ny, Inc. D-,. 4 . - Alaska Drilling Program Project Name: Alaska Drilling Program Project Location: Alaska Project Objective: Provide subsurface data to support geotechnical and environmental remediation design of an abandoned mine site. Services Performed: Soil sampling, Rock samp lin g, Monitoring well installation and development. Owner/Engineer: Rio Tinto/ WSP Contact Name: Lew Stringer Contact Details: 435.640.6 235 Construction Details MDCI provided sonic drilling services in Alaska. As part of the project, Malcolm conducted cont inuou s soil core drilling and sampling to characterize the ground conditions and install monitoring wells to provide information about the quality and elevation of the groundwater. Data from these samp les will in form measures taken to mitigate the environmental impacts caused by historical mining operations. Malcolm a lso provided rock coring to identify potential borrow sources for eco logical mitigation measures which wi ll be used to determine what materials on the island can be used to design and build berms, barriers, and other flow controls to support environmental mitigation. M,1lcilrn Dnllir,g Cornpan·; lnr. ffl PROJECT EXPER I ENCE American River Common Project Name: Natomas Basin Reach A Levee Project Location: Sacramento, CA Project Objective: Determination of Key -In Layer Depth Services Performed: Sonic Soil Borings To Determine The Depth Of The Impervious Stratum Owner/Engineer: U.S. Army Corps of Engineers Sacramento District Construction Details The project consisted of 4 -inch by 6 -inch sonic core drilling method to determine the depth of the impervious stratum. MDCI completed single borings every 100' along the levee, reaching a depth of 145 feet. This endeavor was part of the USA CE Reach A Levee Project, which entailed drilling a total of 120 sonic borings every 100' along the Reach A Levee. The sonic samples were then carefully boxed in wooden core boxes to verify the target depth required for the installation of a diaphragm wall. Once the boring was completed, each boring was grouted via tremie method with a cement bentonite mix to surface. ~,l;ilc,ilrn Drdli,;g C..irnpany Inc Kennecott Mine Project Name: Kennecott Mine Project Location :' Bingham Canyon Mine Project Objective: Bedrock Verification Borings Services Performed : Exploratory Drilling Owner/Engineer: Rio Tinto Services Inc, 4700 Daybreak View Parkway, South Jordan, UT 84009 Contact Name: Jordan Frew, Jacobs Project Manager Contact Details: 801.554.9094 Construction Details In the Kennecott Mine project at Bingham Canyon Mine, MDCI performed exploratory drilling to verify bedrock depth along the proposed toe drain alignment. This area had a crucial data gap in the current design, from southern Copper 4 to the Yosemite drainage cut-off wall. The goal was to fill this gap for accurate planning and implementing the toe drain system. D- Casper Soil Borings Project Name: Casper Soil Borings Project Location: Glen Rock, WY Project Objective: Sonic Sample Borings, Well Installs, CMT Installs, and Well Abandonments Services Performed: Exploratory drilling. Owner/Engineer: Boner Brothers Partnership Contact Name: William H George Contact Details: 512 .600.0718 Construction Details MDCI was contracted to collect sonic drilling samples at a potential mine site for Silica Deposits. Drilling with sonic technology is much faster and involves a much lower level of vibration and noise disturbance than any other type of drilling. Unlike conventional drilling techniques , this technique can easily adapt to a wide variety of soil and rock types with minimal tooling changes. The contract requested that full recovery samples be taken from twenty sites across a five square mile area . Samples extended to a maximum depth of 150 feet. The average recovery rate of each sample was greater than 95%. As a result of MDCl's crew's safe and injury-free work, the client's schedule was met ahead of time. Resolution Copper Project Name: Resolution Copper Project Location: Superior, AZ Project Objective: Sonic Sample Borings, Well Installs, CMT Installs, and Well Abandonments Services Performed: Exploratory drilling at copper mine. Owner/Engineer: Resolution Copper Mining, LLC Contact Name: Bryan Thieme, Drilling Superintendent Contact Details: 520.827.1617 Construction Details The program consisted of sonic drilling as the primary drilling method. The rig was required to convert to PQ diameter core drilling if required to achieve the designed borehole depths. The boreholes were drilled through the targeted sample areas approximately two feet (2) into native ground before total depth was achieved. In some cases the sonic samples were bagged and boxed for further study. Once the borehole was drilled to total depth each boring was backfilled with cement grout. MDCI was also asked to install 4" PVC wells and multi-chambered CMT monitoring wells. Bull Lake Dam Project Name: Bull Lake Dam Mod Project Location: Lander, Wyoming Project Objectiv e: Desi g n and Install Dewat e r System Services Performed: Sonic Sample Borin gs, In stall Piezometers, Install Dewatering W e ll s Owner/E ng inee r: Bureau of Recla mation Construction Details MDCI Designed and installed an eductor system based on the geotechnical recommendations . The system included a 1,300 foot-long ring with wells spaced 20 feet apart located at the top of the future slope of the stilling basin . The wells ranged in depths of 55 to 90 feet below theexisting ground surface. In the center of the stilling basin, a rectangular shaped small diameter deep well design was used to draw the water down in the center of the basin for construction of the concrete structure. The design also included 17 piezometers in locations across the site to monitor groundwater levels during drawdown. After construction of the wells, the wells are connected to the supply and return lines from the pump. This creates a venture effect in the bottom of the well to slowly pull the water out of the fine-grained soil. During initial pumping, the groundwater was not drawing down to the groundwater target. MDCI and the Bureau of Reclamation partnered to determine the best course of action to investigate the cause . The result was additional small diameter deep wells ranging in depths of 250 to 320 feet deep to relieve a deep aquifer that was recharging the stilling basin. D-71 co CONTRACTOR QUALIFICATIONS Labor/Staffing Capacity MDCI possesses a substantial equipment fleet and a highly skilled workforce, offering a distinctive capability to meet the most demanding schedule requirements. This unique ability enables MDCI to deliver high-quality services while maintaining a strong focus on safety. Their extensive experience in project contracting, spanning several decades, combined with a proven track record in safety, positions MDCI as a trusted and reliable partner. With a workforce ranging from 500 to 1000 individuals, MDCI maintains a stable and capable workforce. This workforce stability allows MDCI to efficiently and effectively fulfill their client's needs across a wide geographic range. Sonic Services • Dewatering Systems. • Continuous Soil Core Sampling. • Wire Line/Diamond Rock Coring. • Standard Penetration Test (SPT) Sampling. • Shelby Tube Sampling. • Monitoring Well Installation, Development, and Decommissioning. • Installation of Inclinometers, Extensometers, VWPs, etc. • Aquifer Pumping Tests and Groundwater Sampling. • Cathodic Protection Installation. • Televiewing in Cored Holes and Wells. Sonic Drill Rigs and Platforms MDCl's sonic drill rigs demonstrate the capability to install Dewatering Wells, Geothermal Systems, and conduct Geotechnical and Environmental sampling to depths of up to 800 feet. The equipment facilitates continuous sampling in all ground conditions using diamond coring of HQ and PQ sizes. It can accommodate drilling angles while maintaining a high vertical tolerance of less than 1 % at depths exceeding 100 feet. All the sonic rigs from MDCI are track-mounted, ensuring optimal performance in a variety of terrain conditions. M,ilcolrn Drilling Cump,Jfl\i Inc D- ~ CONTRACTOR QUALIFICATIONS Safety Commitment MDCI has over 30 cl ients with A or 8-grade rat i ngs in ISNetworld. MDCl's Mine Safety and Health Administration (MSHA) Contractor Identification Number is: C2798. MDCl's awards ... 2022: ADSC-Outstand ing Safety Program -Recognized Leader in Safety 2021: ADSC -Outstanding Safety Program -Recognized Leader in Safety 2020: AGC -Recognized Leader in Safety 2019: ADSC -Outstanding Safety Program -Recognized Leader in Safety 2018: ADSC-Outstanding Safety Program -Recognized Leader in Safety 2017: ADSC-Outstanding Safety Program -Recognized Leader in Safety 2016: ADSC-Outstanding Safety Program -Recognized Leader in Safety 2015: ADSC -Outstanding Safety Program -Recognized Leader in Safety 2014: ADSC -Outstanding Safety Program -Recognized Leader in Safety 2013: ADSC -Outstanding Safety Program -Recognized Leader in Safety 2013: Liberty Mutua l Insurance Company -Outstand ing Safety Performance -Si lver Safety Award 2012: ADSC-Outstanding Safety Program -Recognized Leader in Safety 2012: Liberty Mutual Insurance Company -Outstanding Safety Performance - Commendation Award 2011: ADSC -Outstand ing Safety Program -Recognized Leader in Safety 2010: ADSC-Outstanding Safety Program -Recognized Leader in Safety 2009: ADSC-Outstanding Safety Program -Recognized Leader in Safety 2008: ADSC -Outstanding Safety Program -Recognized Leader in Safety 2008: Turner Construction -Company Subcontractor of the Year I AD$C 11 ~.-sc 11 Rac.ogr,11• Aoe<9111M1 MALCOLM DRILLING MALCOLM DRILLING COMPANY, INC. COMPANY, INC. !,rt!l ·~-2022 2021 Outstanding Safe ty Outstanding Safety Program Program Ii CONlMCTOn MEMUEH ,, CONTW\C roR MEMUER "-'' C•~Y I Ii M,:ikolrn Dril li • ,6 Comp,,ny· 111(. 0-·.1 OD CONTRACTOR QUALIFICATIONS Performance Record Data as of 2023 .1.1 2022 2021 2020 2019 2018 2017 2016 Total hours worked by all employees 1,665,624 1 ,664,01 2 1,659,580 1,651,803 1,577,621 1,542,753 1,193,5 06 OSHA Recordable Injuries -13 9 16 20 19 16 10 Total Recordable Cases (TRC) OSHA Total Rec o rdab le Incidence Rate (TRIR) 1.56 1.08 1.93 2.42 2 .4 2.07 1.68 Total Number of OSHA Recordable Incidents with 9 7 15 18 19 13 8 NO lost time OSHA Recordable Illnesses -0 0 0 0 0 0 0 Number of OSHA Recordable Lost Time incidents 4 2 2 0 3 2 (DAFW cases) Column H Lost Time Workdays -Column K 248 28 20 98 0 40 50 Lost Ti m e Incidence Rate (L TIR) 0.48 0.24 0 .12 0 .24 0 0 .39 0.34 Other Recordable Cases colu mn J 2 3 3 4 4 4 4 Remained at Work Cases -column's I & J 9 7 15 18 19 13 8 Restricted Work Days Cases column I 7 4 12 14 15 9 4 Job Transfer or Restriction Days column L 711 431 808 1190 627 517 90 Restricted Work Days Case Rate 0 .84 0.48 1.45 1.7 1.9 1.2 0.67 Days Away Rest ricted Time (DART) Cases, sum of 11 6 13 16 15 12 6 column's H & I DART Case Rate 1.32 0 .72 1.57 1.94 1.9 1.55 1.00 First Aid Cases 26 18 18 26 15 4 4 Number of Fata lit ies 0 0 0 0 0 0 0 (EMR) Expe rie nce Modification Rate INT ERSTATE 0.74 0.7 0.94 1.05 1.1 0 .89 0 .8 9 MALCOLM work nationally co CONTRACTOR QUALIFICATIONS Overhead MDCl's overhead, expressed as a percentage, stands at a competitive 10%. Corporate Information Established 1962 Date of Incorporation: July 1968 IFEIN: 94-1671918 DUNS: 045031267 CAGE: 35CE5 SIC Primary Code: 1771 and 1799 NAICS Primary Code: 237900 and 213114 M;ilcolrn Dri lli ng Cornp;my Inc For inquiries, contact us. www.malcolmdrilling.com Matt Kennedy mkennedy@malcolmdrilling.com 253 -395-3300 . Garrett Bartley gbartley@malcolmdrilling.com 510-967-1343 D-77 ' 4r ' 04.,.101'< . Looking south-southwest at discharge point along Palos Verdes Drive South ~~~~.~~q•c 1 qeo -loq ic.co m f "/l:',_c::::;;;;;;;z_ 1~ r.n'7'0o..,.., to access Farm Trail . 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'I p~~~;~~ PE~l~I ---~~ p~~l~·-I OATEOFISSUE, __ -__ I DRA'I.N8Y J -·~ENDING _ __ c_•_ p~~..s... T 811 ~~R~.l;~9ic 3150 Bristol Streel Su~e 210 . Costa Mesa , California 92626 geo-logic.coml714.465.8240 'E: ', ' (Pfi'lv,q ~ "', .,.12) ', LEGEND (@ a ,.. ._. _____ , I EXISTINGTOPOGAAPHV,lOFTEl[VATIONCONTOUR APPROXIMATE LIMITS Of PORTUGUESE BENO 1.ANDSUOE !BASED ON LEIGHTON, 20001 APPROX IMATE LIMITS OF SUBSLIOES Of P'ORTUGUESE BEND LANDSL!OEIBASEDLEIGHTON,2000) APPROJ(!MA TE LOCATION Of SHORELINE PRESERVEPROPERTYBOUNOARV APPROXIMATE UXATION OF TRAIL BASED CITY Of RANCliO PALOS VERDES MAPS EXISTING IMPROVEMENTS 8ASED ON 2024 CAL VADA SURVEYING,INC.SURV£YUPDATE. BRICPROJECTUMITS'°' ~ PROPOSEDHVORAUGERAARAVLOCATlON.YHLOWSHAOED AREA REPRESENTS ,1i,CCESS, LAVDOWN AREA, ANO HVORAUGER INITIATIONAIIU.,BlACKUNEREPRESENTSOIRECTIONANO LENGTHOFHYDRAUGERSINPLANVl[W ~ 1-7 PROPOSED INSTRUMENTATION LOCATION (OUALVERTICALBOREHOUI 1. CONTRACTOR IS RESPONSIBLE TO PERFORM PRE-CONSTRUCTION CONFIRMATION SUBSURFACE EXPLORATION TO VERIFY GAOUNOWA TEA. SOIL. ANO BEDROCK CONDITIONS. 2. CONTRACTOR IS RESPOl'&IBLE TO INSTALL GROl/TEO CONDUCTOR ANO/OR SURFACE CASING WITH AOEOUATE CAPACITY TO PREVENT BLOWOUT ANo,<QR OTHER POTENTIAL AOVERSE EVENTS RElATEO TO HYDRAUGER INSTAUATION. OPERATION. ANO/OR MAINTENANCE. 3. EXIST!~ TOPOGRAPHY PROVIDED BY CITY OF RANCHOS PALOS ~i~YO:-d:z_~O 2017 ANO UPDATED BY CAI.VADA SURVEYING. INC. IN CONTRACTOR IS RESPONSIBLE TO FIELO VERIFY ELEVATIONS SHOWN. 5. CONTRACTOR TO FURNISH ANO INSTALL PUMP$ AND ELECTRICAL CO NNECTIONS FOR PUMP-ASSISTED SWALES. 6. CONTRACTOR TO INSTALL PLUMBING CO NN ECTIONS TO EXISTING DRAINAGE LINES ANO/OR PROPOSED SWALES. 7. CONTRACTOR IS RESPONSIBLE TO CAPTURE WATER PROOUCEO FROM DRAINS DURING CONSTRUCTION; PERFORM ANALYTICAi. LABORATORY TESTING OF REPRESENTATIVE WATER SAMPlES. FURNISH ANO INSTALL STORAGE. TREATMENT. AN.DIOR PUMPING EOUtPMEtfT AS NEEDED FOR COMP\.JAN:E WITH PERMIT REOU1REMENTS. 8. "BRIC PROJECT LIMITS" DENOTES PROJECT AREA ICENTIFIEO IN "BUILDING RESILIENT INFRASTRUCTURE ANO COMMUNITIES" FUNDING APPLICATION PACKAGE. " " INTERIM WORK PRODUCT -NOT FOR CONSTRUCTION ~ THECITYOF RANCHO PALOS VERDES 30940 HAWTHORNE BlVO. RANCHO PALOS VERDES.CA 90275 CITY OF RANCHO PALOS VERDES PORTUGUESE BENO LANDSLIDE MITIGATION DRAWING NO . 4 LOS ANGELES COUNTY, CA I I PROJECT NO. PROPOSED E-1 HYDRAUGER LOCATION sO23.1202 D-86 i I I. CONTRACTOR TO EXCAVATE SUMP TO CONTAIN ORI LUNG FlUIOSANO CUTTINGS. CONTRACTOR TO CONSTRUCT WORKING PLATFORM TO ACCOMMODATE DRllllNG OPERATION. DIMENSIONS TO EIE 0£TERMINE0 BY ORtLltNG CONTRACTOR. WATER USED FOR DRILUNG ANO OEVELOPEO FROM TH£ CRILL SHAU 8£ DISPOSED OF BY THE CONTRACTOR WIT HOUT DAMAGE TO THE PROJECT OR THE ENVIRONMENT. 2 ANGLEOFATTACKf"ORTHEHVDRAL/GERISPERPLANSHEH7PERTHE ENGINEER.THEDEPTHANDlENGTHOFTHECONOUCTORCASINGISTOBE 0£TERMINEO EIEFORE THE START OF ORJlUNG OPERATIONS TO WITHSTAND 2 TIMES TH( MAXIMUM ANTICIPATED HYDROSTATIC PRESSURE . 3. THE BOREHOLE FOR THE CONDUCTOR 0.SING SHALL BE A MINIMUM CF l2·1NCHESIND1AMITER.THEC0NDUCTORCASINGSHAlLCONSISTOF 8•1NCHOIAMETER,SCHEOULE4D,l0WCARBONSHEL. CONTRACTOR TO ENSURE THAT THE PROFILE ANO DIRECTIO N OF THE HVDRAUGERC0Nf0RMSTOTH(OESIGNONSHEET7. TYPICAL HYORAUGER DIRECTIONAL DETAIL EB Tl\lidrll'Wll'lg hasno1 beenpl!bk~OU1r11lhe< has been p1ep111o<lby Gec-Logo::Assoc111 tcs. lr.c:.1oruse by 111e client rwr,ed., the Lille b!QQ.. solefy ln !f~ olthe,;onsuu,;tion opcrabon.-n'lantananccollhe !aci,tynamed01ltle11Uel>lcid.. Geo-Logo::1'ssoe:lil1ea.Jnc.shalno1be-torlheuseolll11sdr-,gonanyclheftac;ll,1yc,!CfanyoU,.,,p~ VAA,SS ~ \ ~ 0 WOR KING PLATFORM -·---·~t ~ ' CEMENT GROUT '-t ¾IN .DIA. SCHEDULE 40 PVC WATER LINE SURFACE COMPLETION FOR DIRECTIONAL HYORAUGERS DETAIL FLEX18lE CONNECTOR TO DISCAARGE MANIFOLD ~ /· ~ , o,~ sc,eocce ~ SCOTTEO ,,c c,s,-o EB INTERIM WORK PRODUCT -NOT FOR CONSTRUCTION --"""°cJ. -~tt . -=-~-• ___ j =~"''.....DA,eo"ss"", --------·-··--··--··-----~ PENDING PENDING PENDING ~~~--~~ -=---OESIGNEOBY · PENOING ,tr ~~R~!-;~9ic ~ THE CITY OF CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION DRAWING NO. 10 .f~ _PENDING 811 3150 Bristol Street Suite 210. Costa Mesa. California 92626 geo..logic.coml714.465.8240 RANCHO PALOS VERDES 30940 HAWTHORNE BLVD. RANCHO PALOS VERCES.CA 9027S LOS ANGELES COUNTY, CA I I PROJECT NO. HYDRAUGER DETAILS -DIRECTIONAL so2J.1202 D-87 Cement-Benton ite surface seal grout to~ 80 feet Cement-Bentonite annular grout to fill conductor casing to~ 80 feet Cap Schematic Wellhead Completion 16" Conductor Casing w ith 4• PVC Well/Drain Screen Portuguese Bend landslide Stabilizati on Rancho Palo Verdes, CA Prepared by Ellingson-OTO D-88 -------,~,---.-~,0£¾ 0 /~-- 1 CONTRACTOR TO EXCAVATED SUMP 10 CONTAIN OR!LLING FLUIDS ANO CUTTING. DIME NSIONS TO 8€ DETERMINED BY OIUlLING CONTRACTOR. WAlER USED FOR DRILLING ANO 0EV(l0P(0 FROM THE ORJU $.HAtl. BE DISPOSED OF BY THE CONTRACTOR WITHOUT DAMAGE TO THE PROJECT OR THE ENVIRONMENT. -~.~"'T ""'-+ '-t l lN.DIA.SCHEDIJLE 4DPVCWATERLINE ~ ~ -., .... , >, -~~ ,-:---,-,-~. N. OIA. SCHEOULE 40 SLOTTED PVC CASING SURFACE COMPLETE FOR HORIZONTAL HYDRAUGERS DETAIL EB nus <jr""""Y has nol bo<ln publlsh<:d but ra111a, has be<,n p,epared by Gec-Loga; AnOOlltes. Inc. 101 u,e Dy the c;loent named., !he Ulle bloc;ll., solely in respecl of the consuu~hon 0peralion.anGmaantel'IIOCao!lhe!~na,nc,dr,1t,e1dleblock. Gco4.ou,c;Aal.ooa1<,s.lr>e:.sl>.Mnolbo~to,lheu..,0tl!l11d<3wr,gonanyoU-t3Cllily0flOfanyol/>osrpurpo:,,c. ~tt I PENDING I PEN01NG] n -• OA<eO"SS"' pe,oNG --- ----DESIGNEDBY AW ORAv.N BY CM --CHEC KED BY PENDING APPROV(O BY ~ T 811 TYPICAL HYDRAUGER HORIZONTAL DETA IL EB / EXISTING GROUND SURFACE ~~~~M?gic 3150 Bristol Street Suite 210, Costa Mesa. California 92626 geo-logic .com I 714.465.82 40 OS ,--FLEXIBLE CONNECTOR 10 DISCHARGE MANIFOLD 2. SUSCONTAACTCRTOEXCAVAT£ATSL0PEfACE,lfNECESSARY,ANO C0NS1RUCT WORKING PLATFORM TO ACCOM1'1K)0ATE ORllllNG OPERATION. 3 ANGLE0FATTACkFORTHEHYDRAUGERISPERPLAN5HEE158AN09PER THEENGINHR. THE OEPTrlANOLENGTHOFTHECONDUCTORCASINGISTO BEOETERMINEOBHORETHESTARTOfORllllNGOP[RATIONSTO WITHSTAND 2 TIMES THE MAXIM UM ANTICIPATED HYDROSTATIC PRESSURE . 4, THE BOREHOLE fOR THE CONDUCTOR CASING SHAU BE A MINIMUM Of l2•1NCHES IN DIAMETER. THC CONDUCTOR CASING SHALL CONSISl OF I -INCH QIAMElfR. SCH£0Ul140, LOW CARBON SlEEL 5. CONTRACTOR TO ENSURE THAT THE PROFILE ANO DIRECTION OF THE HYORAUGER CONfORMS TO THE DESIGN ON SHEETS 8 AND 9. INTERIM WORK PRODUCT -NOT FOR CONSTRUCTION ~ THE CITY OF RANCHO PALOS VERDES 30940HAWTHORNE BLVO RANCHO PALOS VEROES,°c:A 9(1275 CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION DRAWIN G NO. 11 LOS ANGELES COUNTY, CA I 1M=~-HYDRAUGER DETAILS -HORIZONTAL s023,1202 D-89 r1 ·-1 I EXAMPLE ELECTRIC PUMP DETAIL EB n111 drllWlng hlls oot been pul>h hed bul rall1<>r has been p,epar~ by Goo-•o01e Anoc1111 n . Inc. 101 """ by lhe client named"' tht1 1i1lo block, :solelv in resp<K:l O! lh<1 co,,strucbon operat>on, .\Ind mainte-0ru,e r:w;iloty n.wne<lin the lille blocll.. Goo-l<>oic:As,o,;,ales.lrw;. ""31 not be liable lo, Ille uae ol lhls dlaw,ng onanyolher laolity 01 !o, :,any01h,,r p"'pose, .... ~~ ~ff i -~-+ -----· ----· ----~-OATEOF ISSUE. !'ENDING -~NG ' PENDING . PENDING I 1---=--i-=----I -DESIGNED BY ~ --l -I -ORAVIN BY ~- ~L=l i-PENC?I_~ PE~~ T 811 ~~R~~~9ic 3150 Bristol Streel Suite 210 , Costa Mesa. Califomla 92626 geo-logie.coml714.465.8240 j ! '· --r'\, i/'~J-c:, -_! i I t -. : .. _ i L.. . , L.1 ---I i -. ,-.~~n--..----~ ...! I L ....... , _ __i-----~-, ........ , WATER STORAGE TANK ELECTRIC PUMP DETAIL EB INTERIM WORK PRODUCT -NOT FOR CONSTRUCTION ~ CITY OF RANCHO PALOS VERDES THE CITY OF PORTUGUESE BEND LANDSLIDE RANCHO PALOS VERDES MITIGATION LOS ANGELES COUNTY, CA 309.-o HAWTHORNE BLVD PROJECT NO. RANCHOPALOSVERDES.i:A90275 HYDRAUGER DETAILS -DRILLING & PUMPING EQUIPMENT SO23.1202 DRAWING NO. 12 D-90 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 EXHIBITB CONTRACTOR'S STANDARD TERMS AND CONDITIONS 0 [203 0023/9760554 D-91 MALCOLM Lou!, to tile Blue Bid No . _________ _ Job Name : --------- MALCOLM DRILLING CO., INC . (MDCI) STANDARD CONDITIONS This proposal is based upon the following conditions, exclusions and requirements . 1. PRIME CONTRACTOR COORDINATION AND SUPPORT. Throughout the project, the Prime Contractor shall be responsible for providing MDCI with each of the following, which are excluded from MDCl 's scope of work : a . coordinating all work of other contractors and suppliers so as not to hinder, interfere with or delay MDCI work ; b. all required soil, concrete and materials testing, and inspection ; c. suitable areas on or adjacent to the site for MDCl's office , storage of materials and equipment and fabrication of materials. d . protection (including capping side sewer laterals), location (including potholing), relocation , removal , and/or repair of all pavement , sidewalks , conduits , wires, pipelines and other utilities, whether underground or overhead , in the project area and on adjacent property , as required to prevent interference with MDCl's work ; e. furnishing water, sanitary facilities and electrical power, in such quantity and quality as required by MDCI and available within 200 feet of each work location. 2 . EXCLUSIONS. Unless otherwise stated in the accompanying proposal , the following items of work are excluded from MDCl 's scope and shall be paid for as additive change orders if required : a. removal of subsurface obstructions of any kind that were not disclosed in the project soils information provided to MDCI at bid time ; b. removal of materials after they have been installed, except when such removal is caused by MDCI defective work ; c. unscheduled overtime required by Owner and/or Prime Contractor ; 3. SCHEDULE. Time is of the essence in this agreement. Prime Contractor and MDCI shall adhere to a mutually agreed upon schedule . Prime Contractor shall provide workmen , materials , and supervision as needed to expedite the work to meet or exceed the project schedule . 4 . DELA VS. If MDCI is delayed by Owner and/ or Prime Contractor , or anyone else under their control , MDCI shall be entitled to equitable compensation and time extension . 5. HAZARDOUS MATERIALS . MDCI shall not be required to remove , transport or dispose of hazardous substances or contaminated materials (as designated by any government agency). Before MDCl 's work begins, Prime Contractor shall disclose in writing all information it has and can obtain from Owner regarding hazardous and contaminated materials at the project site. Prime Contractor shall arrange for all tests , inspections , and notices required by law. The encountering of any hazardous substance or contaminated material that affects MDCl's work shall constitute a differing site condition for which MDCI shall be entitled to equitable price and schedule adjustments . If such a condition is dfscovered , MDCI shall be entitled to stop all affected work and shall have no obligation to perform investigation or remedial work. Prime Contractor shall immediately arrange for investigation of the condition and give prompt notice as to how it will be handled . If the Prime Contractor certifies that the condition is alleviated and directs MDCI to proceed , MDCI may require the Prime Contractor to provide insurance with mutually agreed policy limits to cover any personnel health risks and remediation liabilities to which MDCI may thereby be exposed. Prime Contractor shall indemnify , hold harmless , and defend MDCI and its officers , employees, subcontractors of any tier, suppliers , and consultants from and against any liability , claim , loss, or expense (including legal and expert expenses) arising out of the existence, encountering, handling , disposal , release , or remediation of any hazardous substance or contaminated material other than materials brought to the site by MDCI. 6 . LIMITATIONS ON DAMAGES. MDCI will accept a reasonable amount for liquidated damages proportionate to MDCl 's contract value with a ma ximum liability cap . MDCI shall under no circumstances be liable to Owner and/or Prime Contractor or to any of Owner's and/or Prime Contractor's employees , contractors or consultants for any indirect , consequential , or exemplary damages . 7 . DIFFERING SITE CONDITIONS . Notwithstanding any other provision in any contract documents, MDCI shall be entitl ed to an equitable adjustment to its price and schedule whenever its work is adversely affected by encountering any latent condition at the project site that differs Revised March 2018 from conditions (a) indicated by the Contract documents or soils data furnished to MDCI at bid time , or (B) ordinarily encountered and generally recognized as inherent in work of the character provided in the Contract. 8. INDEMNITY. MDCI shall defend and indemnify Prime Contractor and Owner (each an "lndemnitee") with respect to any claim against it for loss or damage negligently or intentionally caused by MDCI , its subcontractors or agents in the performance of work under this contract , but only in the same proportion as that causation bears to the whole of the causation, including that attributable to the lndemnitee on the basis of either active or passive liability or fault , giving rise to such loss or damage . These proportions of causation shall be determined upon the resolution of such claim, and lndemnitee shall repay to MDCI that part , if any , of the costs of lndemnitee's defense or indemnity provided by MDCI that is in excess of MDCl's proportionate share of such causation. 9. INSURANCE. MDCI shall maintain in place , throughout the performance of its work hereunder, worker's compensation coverage as required by law , and commercial general liability insurance , for bodily injury and property damage coverage (without the exclusion for explosion , collapse and underground loss), with a single occurrence limit of $1 Million . MDCI shall only be required to provide such coverage to the extent of MDCl's share in the total fault causing loss or damage. 10. LIMITS ON CONDOMINIUM CONVERSION. If the owner elects to convert a project to condominiums , the owner will provide Condominium Conversion Insurance prior to any such conversion. This insurance will cover the contractor and its subcontractors retroactively to the commencement of construction with a tail through the Statute of • Limitations. Owner and contractor will defend , indemnify and hold MDCI harmless from any claims by a Condominium Association for damages arising from or connected with the sale or construction of any condominium property . 11 . ENTIRE AGREEMENT . These general conditions and attached bid proposal comprise the parties ' entire agreement for the work . They supersede all prior and contemporaneous written or verbal agreements and representations relating to the work , and these conditions may only be amended by a mutually signed written instrument. 12 . DISPUTES . In the event of a claim or dispute between MDCI and Prime Contractor arising out of or in any way relating to this contract or the work to be performed hereunder, the parties shall first attempt to resolve it through mediation conducted by a single mediator, to be selected by the parties and compensated equally by them. Only those claims or disputes , if any , which are not resolved by such mediation shall be submitted to binding arbitration before a single arbitrator selected by the parties or , if they are unable to agree , by a court of competent jurisdiction . That arbitration shall be conducted under the arbitration statutes of the state in which the work is to be performed , or under such other rules of arbitration as the parties may agree . The prevailing party in such arbitration shall be entitled to recover from the other party , in addition to any other damages awarded , all of its reasonable attorneys ' fees , expenses, experts ' and consultants ' charges, and the costs of the arbitration . 13 . PRECEDENCE . These conditions shall be attached to and become part of the contract and shall take precedence over any conflicting provisions. 14 . EXPIRATION . Unless specified otherwise , this bid quotation shall not remain in effect after 30 days of the bid date unless accepted in writing or by Contract. D-92 DocuSign Envelope ID D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 0 l 2030023/976055.4 EXHIBIT C BOND FORMS D-93 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 PERFORMANCE BOND WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to work follows: entitled as Contractor ("Principal"), a Contract for the and described as ----------------------- WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ($ _____ ~, this amount being not less than one hundred percent ( 100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney's fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. Executed on _______________ 20 PRINCIPAL (Seal if Corporation) By ________________ _ Title ---------------- (Attach Acknowledgment of Authorized Representative of Principal) 01203.0023/976055.4 0-94 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 Any claims under this bond may be addressed to: of California) (Attach Acknowledgment) APPROVED: (Attorney for CITY) NOTICE: (name and address of Surety) (name and address of Surety's agent for service process in California, if different from above) (telephone number of Surety's agent m SURETY By _______________ _ (Attorney-in-Fact) No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. 01203 0023/9760554 D-95 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 PAYMENT BOND (Labor and Material Bond) WHEREAS, the CITY OF RANCHO PALOS VERDES, ("City"), has awarded to work follows: entitled as Contractor ("Principal"), a Contract for the and described as ----------------------- WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ($ _____ _,,, this amount being not less than one hundred percent ( 100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney's fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: ( 1) for any work, materials, services, provisions, provender, or other supplies, or for the use ofimplements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or ( 4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. OJ 2030023/976055.-I D-96 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 Executed on -----------~20 PRINCIPAL (Seal if Corporation) By ________________ _ Title ______________ _ (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: California) (Attach Acknowledgment) APPROVED: (Attorney for CITY) NOTICE: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent m SURETY By ________________ _ (Attorney-in-Fact) No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. Ol 2030023/976055.-I D-97 DocuSign Envelope ID D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 WARRANTY BOND WHEREAS, the CITY OF RANCHO PALOS VERDES ("City") and ____________ , ("Contractor") have entered into an agreement for [describe project or work]; and WHEREAS, Contractor is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of 10% of the Contract Sum, to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done, or defective materials furnished. NOW, THEREFORE, we, the Contractor, and __________ , as Surety, are held and firmly bound unto the City for the sum of $ ___ being not less than 10% of the amount payable by the terms of the Agreement, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that if Contractor shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City Council, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered. Surety's obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them Of 203.!!023/976055.-I D-98 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 without impairing the City's rights against the others. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City or its successors or assigns. Surety shall provide City with thirty (30) days' written notice of Contractor's default prior to Surety terminating, suspending or revoking the bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Plans & Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the Plans & Specifications. [signatures on next page] 01203 ()()23/976055.-I D-99 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals on ______ , 20 , the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Note: To be signed by Contractor and Surety and acknowledgment and notarial seal attached. Of 2030023/976055.-I By (Contractor) Signature Print Name Title (Surety) (Address) D-100 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 By Signature Print Name Title OJ 203.00231976055.-I 0-101 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 01203 0023/9760554 EXHIBIT C INSURANCE FORMS D-102 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 WORKERS COMPENSATION INSURANCE CERTIFICATE Description of Contract: City of Rancho Palos Verdes Project: ____________________ _ Type of Insurance: Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner. The Company will give at least 30 days' written notice to the City and Engineer/ Architect prior to any cancellation of said policy. POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY Named Insured (Contractor) Street Number City and State 01203.0023/976055.4 Workers' Compensation: Statutory Limits Under the Laws of the State of California Employers' Liability: $ _______ Each Accident $ Disease -Policy Limit ------- $ _______ Disease -Each Employee Insurance Company Street Number City and State By ________________ _ (Company Representative) (SEE NOTICE ON NEXT PAGE) D-103 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 Insurance Company Agent for Service of Process in California: Name Agency Street Number City and State Telephone Number This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein. This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy. NOTICE: No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company. 0 I 203.0023/976055.4 D-104 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured') Name and address of Insurance Company ("Company') General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ______________________________ _ ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits ofliability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to c.ancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard 0l203.0023/976055.4 D-105 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager, City ofRancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT A TT ACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: o Contractual Liability o Owners/Landlords/Tenants o Manufacturers/Contractors □ Products/Completed Operations o Broad Form Property Damage o Extended Bodily Injury o Broad Form Comprehensive General Liability Endorsement o Explosion Hazard o Collapse Hazard o Underground Property Damage o Pollution Liability o Liquor Liability □-----------------­ □-----------------­ □------------------ 12. Ao deductible or o self-insured retention (check one) of$ ___________ _ applies to all coverage(s) except: __________________________ _ (if none, so state). The deductible is applicable □ per claim or o per occurrence (check one). 13. This is an o occurrence or o claims made policy (check one). 14. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ______ _ (signatures on following page) 0 I 203.0023/976055.4 D-106 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 I, __________________________ (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed--------------~ 20 ____ _ Telephone No.:( ___ ) ______ _ 01203 0023/976055.4 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) D-107 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured") Name and address of Insurance Company ("Company'') General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: I. The _____________________________ _ ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits ofliability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard 01203 0023/9760554 D-108 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ All Owned Automobiles □ Non-owned Automobiles □ Hired Automobiles □ Scheduled Automobiles □ Garage Coverage □ Truckers Coverage □ Motor Carrier Act □ Bus Regulatory Reform Act □ Public Livery Coverage □ □ 12. A □ deductible or □ self-insured retention (check one) of$ ________ _ applies to all coverage(s) except: ___ (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy Number (signatures on following page) 01203 0023/9760554 D-109 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 J, _________________________ (print name), hereby declare under penalty of pe1jury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed _________________ ~ 20 __ Telephone No.: ( ___ ) ______ _ 01203 0023/976055.4 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) D-110 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured") Name and address of Insurance Company ("Company") General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ___________________________ _ ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits ofliability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of Jim its ( except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 01203 0023/976055.4 D-111 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES □ Following Form □ Umbrella Liability POLICY PERIOD FROM/TO □------------------ 11. Applicable underlying coverages: fNSURANCE COMPANY POLICY NO. LIMITS OF LIABILITY AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: ___________________________________ _ 13. A □ deductible or □ self-insured retention (check one) of$ ________ _ applies to all coverage(s) except: __________________________ _ (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy Number ___ _ 012030023/9760554 0-112 DocuSign Envelope ID: D5DCB8EF-8E99-4694-87E4-D2EF1AE92175 (signatures on following page) I, _________________________ (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed-------------~ 20 Telephone No.: ( ___ ) __ 01203.0023/976055.4 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) D-113 Subject: FW: Item 13: RPV loan to PBCA From: Enyssa Sisson <esisson@rpvca.gov> Sent: Tuesday, May 7, 2024 11:56 AM To: CityClerk <CityClerk@rpvca.gov> Subject: FW: Item 13: RPV loan to PBCA Late corr From: 2hunter <2hunter@cox.net> Sent: Tuesday, May 7, 2024 11:52 AM To: Enyssa Sisson <esisson@rpvca.gov> Subject: Item 13: RPV loan to PBCA Dear City Council As residents of our beloved community of Portuguese Bend for 26 years, we ask the City Council to approve the proposed loan to PBCA so that we may continue our work to deal with the current/ongoing damages. Work we are doing here affects not only our community, but the economy of RPV. Our association President Kent Attridge and other PBCA community speakers have our full support on this matter. Thank you. William & Marianne Hunter 1 Cinnamon ln RPV. 310-377-1871 ( out of order 5days due to infrastructure malfunction) 2hunter@cox.net 1 J. From: Sent: To: Subject: To City Clerk, Claudia Gutierrez <claudia.pbca@gmail.com> Tuesday, May 7, 2024 8:05 AM CityClerk; Enyssa Sisson Re: Landslide Agenda Item #2 I respectfully request you read my letter in lieu of me speaking. Kent Attridge, President of PBCA, and I will be in attendance at the meeting tonight. Thank you. Claudia Gutierrez On Tue, May 7, 2024 at 6:38 AM Claudia Gutierrez <claudia.pbca@gmail.com> wrote: Good evening City Council members, For decades I have been writing regarding the watershed from the housing tracts at the top of the hill having their storm drains directed to Vanderlip Canyon and Altamira Canyon. All this water has been flowing into an active landslide area since the 1990's, never being addressed or redirected away from the Abalone Cove Landslide. All the housing tracts allowing this watershed is in the City of Rancho Palos Verdes, and was granted permits to build by the City of Rancho Palos Verdes. All the homes that were permitted to have their storm drains flow into the Abalone Cove Landslide are not within the AC LAD District. They are not assessed by AC LAD. Why? Because they were built after ACLAD was formed. Fast forward to now, our community is moving SEVEN INCHES PER WEEK! Unless the City of RPV redirects the watershed from coming into our community from the housing tracts above the PBCA, dozens of homes will be destroyed and the City faces a high likelihood of losing PVDS. Our entire area is pushing towards PVDS and unless it slows down what I am saying will occur. Dewatering Wells will assist somewhat to help abate the landslide, but until the City exhibits some common sense to stop the watershed from the housing tracts above the landslide, we are facing great losses. The City of RPV needs to acknowledge the mistake of your predecessors and take action ASAP. The PBCA appreciates your anticipated cooperation in this matter. 1 Claudia Gutierrez PBCA Director VP, Treasurer, Roadsides West & East 310 872-4874 c/audia.pbca@gmail.com Claudia Gutierrez PBCA Director VP, Treasurer, Roadsides West & East 310 872-4874 claudia.pbca@gmail.com 2 '" '/. ·•m ·r)dcJIJEiJE EE,/!) t-----------.j 0 300 60011 -------1-6-mm 1-.i 'if' 1 r . \j,,..~'--1, _;jq ~- ~.~~· _, L>-l~~_£u~:t!-£_0~1~ ;Jf l~~g':l~s, ~reau of Land Manag ement. Esri, HERE, Garm in, !NCREME N._! P, lntermap, USGS, MET!/. .. From: Sent: To: Subject: Hello Enyssa tony b <tonybuesing@gmail.com> Tuesday, May 7, 2024 4:00 PM Enyssa Sisson; CityClerk Please read during the meeting Please read this during the city meeting of 5/7/2024. Reading item 2 concerning the landslide. Thank you Good Evening City Council, Mayor, Ara, Ramzi, and Staff, I cannot believe how one sided the landslide project you have presented to our community. How can you just abandon Klondike and Seaview residents. Wow, can you show any project elements to be more self-serving towards your only interest is to save the PV Drive South and forget all the homes that are sinking by your selfish acts of never providing storm drain solutions for the community. RPV always enforces regulations that there must be a plan for water drainage for building but you the City of RPV are excused from following the regulations of controlling storm waters into the Landslide canyons? Why are you excused from flooding the landslide canyons? You can say all the nice words that you care for our residents but your actions are showing loud and clear that you are careless about our homes and the future of our retired residents and young families that are losing their homes from your actions of ignorance. Klondike canyon is your property and you have allowed the white pipe that you installed when you reconstructed the Conqueror trail to flood 40 gallons per minute into the fissures and broken tarps of Klondike valley. Why are you allowed to flood the Klondike Canyon and make Seaview residents pay to clean up your mess of 40 years? Why is KCLAD and our salaries have to contribute to cleaning up your mistakes of not constructing drainage from the homes surrounding Crest, Crenshaw and Rolling Hills? Why did you allow watersheds to flood the most delicate region of the landslide? Cal Water has easements to allow their pipes to be installed on RPV and you are the owners of that land. Why are you allowing Cal Water to destroy our homes and community by flooding nonstop for the last 2 years? Cal water pipes need to go above ground NOW. We will not have a community with the non stop flooding caused by Cal Water and you are the managers of that land and what are you doing? Your bandaids are useless and your actions to save PV Drive South are seen by all and we are disgusted that you are ignoring Seaview and the districts. Where are the loans for KCLAD? You hired and signed Steve Cummins into the board without the permission of the community and you allowed Steve Cummins to do nothing while managing the District for the last 15 years. This is your mess and we demand you to clean it up NOW. 1 TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MAY 6, 2024 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA _____________________________________________________________________ Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, May 7, 2024, City Council meeting: Item No. Description of Material M Emails from: Carol Mueller; Jil Mastous 2 Updates from Staff; Attachment C - Emergency Hydrauger Plans; Attachment B - Updated Geologist Report and Maps; Attachment E - Emergency Hydraugers PSA w/Geologic; Attachment F - Emergency Hydraugers PSA w/Hout; Attachment G - Emergency Hydraugers PSA w/Hansen; Attachment H - Letter to Rolling Hills Emails from: Mickey Rodich; Madeleine McJones Respectfully submitted, __________________ Teresa Takaoka L:\LATE CORRESPONDENCE\2024\2024 Coversheets\20240507 additions revisions to agenda thru Monday.docx Subject: FW: EDCO new increase From: Vanessa Hevener <vhevener@rpvca.gov> Sent: Friday, May 3, 2024 3:38 PM To: cmuell@verizon.net <cmuell@verizon.net> Cc: Ara Mihranian <AraM@rpvca.gov>; CC <CC@rpvca.gov>; Megan Barnes <mbarnes@rpvca.gov>; Ramzi Awwad < ra wwad@rpvca.gov> Subject: RE: EDCO new increase Hello Ms. Mueller, The City Council is in receipt of your email. Your email will be included as a late correspondence to the Agenda item. Thank you. Vanessa Hevener Project Manager ~illl Phone: (31 O) 544-5333 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential, and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or 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 assistance and cooperation. -----Original Message----- From: Carol Mueller <cmuell@verizon.net> Sent: Friday, May 3, 2024 3:14 PM To: CC <c.c@rpvca.gov> Subject: EDCO new increase EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. To whoever is reviewing this ... ! understand next meeting ... last year the hogs took a bunch now want another 6%. SS seniors only rec'd something like 3.2% this year. And they got more than we got last year! I ran a test after last years increase ... took 3 to 4 months to fill even the small trash can ... single senior residents are not the trashy ones!!!!!!! 1 Maybe it is time to go to bid!!!!!!!! This inflation needs to end. Anybody ever heard of stock market shorting? Would seem to me that 6 packs are a business ... make them pay like a business .. .for sure make sure they pay for enough cans to be able to close the lid vs. stinking up the neighborhood. Neighbors here have been complaining about Mrs. Chinder Chang's cans over flowing and stinking up Beechfield re she can't close the lids!!!!!!! To my knowledge a complaint was never filed .. years ago one of the neighbors chewed her out royally for going up and down the street trimming the street trees and demanding tree removals for a view that side of the street NEVER had!!!!!! Thank you, Carol Mueller 2 Subject: FW: Edco Rate Increase From: Jil Mastous <iilmastous@gmail.com> Sent: Wednesday, May 1, 2024 7:47 PM To: CC <CC@rpvca.gov> Subject: Edco Rate Increase [Some people who received this message don't often get email from jilmastous@gmail.com. Learn why this is important at bitps://aka.ms/LearnAboutSenderldentification] EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear Mayor and City Council Members, Edco is an outstanding company and I applaud all of the employees who work so hard. It would be wonderful if you would consider the seniors a discount from the 6% rate increase. It is so difficult as the Peninsula Senior population is trying to survive the economic climate we face. Many companies, such as our utility companies have "Care" discounts. Thank you for your consideration. Jil Mastous ( 310) 935-5115 illrnastous@gmail.com 1 Subject: Attachments: FW: Late Correspondence Landslide Emergency Staff Report (1 of 2) Attachment C-RPV Landslide Emergency Hydraugers Plans.pdf From: Ramzi Awwad <rawwad@rpvca.gov> Sent: Monday, May 6, 2024 6:01 PM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Teresa Takaoka <TeriT@rpvca.gov> Subject: Late Correspondence Landslide Emergency Staff Report (1 of 2) Honorable Mayor and Councilmembers, As noted in the May 7, 2024 landslide emergency staff report, several attachments were slated to be sent as late correspondence. These attachments are now ready (with the exception of one which will be forthcoming tomorrow morning). The file sizes are quite large, so I will be sending them in two emails. In this email is Attachment C, the emergency hydrauger plans. Thank you for your patience as we put together this information as quickly as we could. Please let me know if you have any questions or concerns. Sincerely, RamziAwwad Director of Public Works ra..wwacl@w_vca .goJL Phone -(31 O) 544-5275 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www,_r_i;nt_c._a_,grut r I ihis e·rnad messaqe contains infomkition belon9i11q to the Cily of Rancho Paios Verdes, which may be llt'ivilesied, confidential, and/or nrn,.,.,,-,.,,,n from disclosure. The inforrnation is intended only for use of the individual or entity narned. Unauthorized dissernination, or copyjng is strictly prohibitc,cl. If you received this email in Nrnr, or are not an intended IT:Cipicnt, please notify the sender !rrnnecliatc!y. Thank you for your assistance and cooperation. 1 PORTUGUESE BEND LANDSLIDE MITIGATION -EMERGENCY ACTION CITY OF RANCHO PALOS VERDES, CALIFORNIA NOTTO SCALE A~ ~ O' 300· 500' .... --------.i .... .._.. NOTICE: ACTUAL EX!STING SITE CONDITIONS MAY DIFFER FROM THOSE SHOWN. THE CONTRACTOR SHALL VERIFY SITE CONDITIONS PRIOR TO BIDDING LOCATION OF EXISTING AND ABANDONED UTILITIES IS UNKNOWN OR FROM RECORD DATA ONLY, THE CONTRACTOR SHALL VERIFY TO HIS SATISFACTION LOCATIONS OF ALL UTILITIES PRIOR TO BIDDING ANO CONSTRUCTION, CONTRACTOR SHALL MAINTAIN AS-BUil T RECORDS INCLUDING EXISTING UTILITIES AND INFORM THE ENGINEER IN CASE OF DISCREPANCIES. THE CONSTRUCTION CONTRACTOR ACREE$ THAT IN ACCORDANCE WITH CENERALL Y ACCEPTED CONSTRUCTION PRACTICES, THE CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE ANO COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT. INCLUD!N G THE SAFETY OF ALL PERSONS AND PROPERTY: THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKI NG HOURS. AND THE CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY, ANO HOLD THE DESIGN PROFESSIONAL ANO CONSTRUCTION MANAGER HARMLESS FROM ANY LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL THE ENGINC:CR PREPARING THCSE PLANS WILL NOT BC HCSPONSIBLE roR, OR LIABLE FOR. UNAUTHORIZED USE or THESC PLANS. ALL CHANGES TO THE PLANS MUST 8C IN WRITING ANO MUST BC APPROVC.O BY THC PRC PARER or THESC PLANS . THE CONTRACTOR SHAU VERIFY THE PRESENCE, LOCATION, AND MATERIAL OF ALL AFFECTED OR CONFLICTING UTILITIES AS NECESSARY FOR CONSTRUCTION. UTILITY VERIFICATION ANO NOTIFICATION SHALL BE MADE IN A TIMELY MANNER. SO AS TO ALLOW FOR AL TERNATlVE PLANNING WITHOUT AFFECTING THE CONSTRUCTION SCHEDULE . UTILITY COMPANY CONTACT INFORMATION CITY OF RANCHO PALOS VERDES SOUTHERN CALIFORNIA EDISON COMPANY SOUTI IERN CALIFORNIA GAS COMPANY VERIZON CALIFORNIA WATER SERVICE COMPANY COX COMMUNICATIONS COUNTY OF LOS ANGELES. DEPARTMENT OF PUBLIC WORKS {STORM DRAIN) COUNlY OF LOS ANGELES, DEPARTMENT OF PUBLIC WORKS (SEWER) SANITATION DISTRICT OF LOS ANGELES COUNTY USA PHONE (310)544·5252 (310)783-115{:i (310)687•2020 (310)793-4159 (310)541-2438 (310)551•5020X30 (626)458-3109 (626)458-4357 {562)699-7411 X1205 (800)227-2600 GENERAL INFORMATION Grading Pem1 11Applk:.:it1on No. GR:~~~----- Earthwork Volum1;1s Cu l (CY). Fill (cy) Ow~r Exr.<'MUl<'ln/ Alluv;i11Rflmov;:il & ~pac:1ion __ {cy) Export _(cy), Export Location. __ _ Total 01s1urbed Atea (Acr1;1sJ Total Proposed Landscape Alea _ Square Feet PROPERTY INFORMATION Property Address ___________ (Uex,st) RccordofSurvcyBook _ Pages _ Prop(:lrtyOwner __ _ Assessors 10 Nurn!>er(s) _________ _ This u,aw,ng llaS nol i><,f,n p,.,bhS!lf,d W1 r;1lhtH h.is t>t-en pr~p;,re<l by Gt.<>-LO\l'C ~=tc,;. Inc tor uo;e by ~>ti client nan11,d ,n !h@ r,tle bl<x:k. ,s.olej~ l,1 ,~spe,c:t of the ~or1,;1,uc1>0u QPOltal,on. ar,d nlllinmn.ir,ce O! 11>1! lacihty ri.an>W ,n lh<l htl~ t>lock. Geo-Log,c A=iua Inc !J,all 001 lit! li..tM !<>< HM! w.e Q1 Ulis ~rnwing 0<1 am, oUw rac,1,ty o, to, ""Y 011 ... , pu11)0$1! O£$C:RIPTIOH BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED UPON THE CALIFORNIA COORDINATE SYSTEM OF 1983, CCS83, ZONE 5, (2023.25) IN ACCORDANCE TO THE CALIFORNIA PU BLIC RESOURCES CODE SECTIONS 8801-8!!19: SAID BEAR!NGS ARE DETERMINED LOCALLY UPON FIELD-OBSERVED TIES TO THE FOLLOWING LE ICA SMARTNET NORTH AfllERICA (S.N.N.A.J CONTINUOUSLY OPERATING REFERENCE STATIONS (C.O.R.S.) S.N.NA. CAHN: NORTHING :171707042' EASTING =6562298.26' S.N,N.A CASM: NORTHING =1829162.68' EAS TING= 6418730.55' THE COMBINATION FACTOR FOR THIS PROJECT WAS APPLIED AT THE FOLLOWING POINT BENCHMARK NORTHING =1732038.99' MAPPING ANGLE= -0•12'24" EASTING: 6451344.80' SCALE FACTOR= 0 99995982 ELEVATIONS SHOWN HEREON ARE BASED UPON LOS ANGELES COUNTY BENCHMARK GY11265, ELEVATION 160.58 FEET (NAVO 88) DESCRIPTION OPW BM TAG INS CB, 150MM(0.5FTi WIO BCR@ SW CO R PALOS VERDES ORS&. NARCISSA DR APPt<=•v I OATl:0#'1SSUE Sl?rn)24 "''' I C".ATEWAY ~!.C?~.~~9ic OESICNEOl:IY AW&MV l)AAWll'IC NUMIJEM DRAWING IN DEX E-1 MO E·2 HYORAUCER LOCATION MAP C-1 HVDRAUCCR LOCATION OETAJl C-2 LOWER HYORAUGER LOCAfH)N OETAIL ANTICIPATE08ASAJ.. RUPTURE SURFlo.CE REAAESENTATIVEORAINSAl E-1 REPRES€NTATIVE DRAINSAT E-2 HYORAIJGER DETAILS DIRECTIONAL HVORAUCER DETAILS . HORIZONTAL Olis.I;(.; 1'10'-Al DAAIN "'"10 1 £(.; I ION OPTIONS HORIZONTAi,. DRAIN PROTCCTION O?TIONS HYDRAUGCR OCT AILS-INSmUMENTATION HYDRAUGER DETAILS-E• I SUBMERSIBU: PUMP Al. TEm.ATIVES HYOA.AUGER DETAILS . DRILLING & PU/.IPING EQUIPMENT PEERREVIH°VERS LATEST REVISION NUMSER "-1..AN 1V111 ..01:.~·r. Pie... Ge NEVEN MATA.'lOVIC ;>no, l>E, GE ~IARKVINCENTPG,CHJ,(:HG t,t\).L(X';l{,.-.S~IA!t S GtO•LOGIC ASSOC IA ri;,s GEO.LOGIC ASSOCIATES HOUT LATEST REVISION "'"' 5!2/21),N ·-· =· """" $(Q.l024 £1212{)24 S.?12024 DENA HOUT EMILYYI.J.PE /-IOVT HOUT )/14/2024 3114,7024 PATRICKO 51HRES .PCGC.GP t.11Cl'IA.El O f>tllf>t':;:,, PG. CCG NINYO ANO MQORC COTTON•SHIRES f::OllON•SHll-ttS CITY Of-ltANCHO 1-'ALOS VCI-Wf.S OAVIDCOPP.PE RAMZIAWWAO JOSEPH HAK IM CITYOF RANCHO PALOS VERDES I '111/2024 CITY OF RANCHO PALOS VERDES 4117/2024 ~C.:, ,, ~~~ ~~ ""~~ ··~ .. t,. ~~(j #...J..C.:, ~~~6 ~~~ ~~""•' ~#,§:>~ .. r:,~-<.~ ~--{Q RELEASED FOR C ONSTRUCTION CITY OF RANCHO PALOS VERDES I DRAW ING NO . PORTUGUESE BEND LANDSLIDE IT ~ THECITYOF ORIW'/"IBY CM6RO RANC HO PALOS VERDES MITIGATION -EMERGENCY ACTION 3150 Bns1ol Stroot Suice 210, Costa Mesa. Cahlomia 92626 LOS ANGELES COUNTY, CA CIICCKCOOY. SJ+rAHl F geQ-log1c.com I 714.465.8240 PROJECT NO. 811 30!:l-lli HAWTHORNC 6LVO RANCHO PALOS VERDES.CA !1Dl75 TITLE PAGE S023.1202 GENERAL NOTES 1. All WORKS SHALL CONFORM TO THE CITY OF RANCHO PALOS VERDES STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREENBOOKJ. THE STATE Of CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD PLANS & SPECIFICATIONS, & PROJECT SPECIAL PROVISIONS. EACH OF THE MOST RECENT DATE 2 THE CONTRACTOR SHALL NOTIFY THE CITY OF RANCHO PALOS VERDES AT LEAST TWO WORKING DAYS (-18 HOURS) PRIOR TO STARTING CONSTRUCTION, AT (310) 5'14-5252 3. ALL UNDERGROUND FACILITIES SHALL BE INSTALLED PRIOR TO SURFACING OF STREETS THE INSTALLATION OF All UNDERGROUND FACILITIES CROSSING EXISTING ARTERIAL HIGHWAYS REQUIRES BORING OR JACK!NG, UNLESS OTHERWISE APPROVED BY THE CITY OF RANCHO PALOS VERDES 4. TRAFFIC CONTROL ANO SAFETY DEVICES SHAU BE INSTALLED BY THE CONTRACTOR PER THE CURRENT EDITION OF THE CALIFORNIA MUTCD. AND TO SATISFACTION OF THE CITY OF RANCHO PALOS VERDES 5 EXISTING PAVEMENT DISTURBED BY THE CONSTRUCTION OF UNDERGROUND INSTALLATIONS SHALL BE REPLACED IN KIND & RESTRlPEO A PERMIT ISSUED BY THE CITY OF RANCHO PALOS VERDES IS REQUIRED 6 11 SHALL el: THI: CONfl-tAC10R"S RESf-'ONSl!:ilLIIY 10 AKRANGI: FOR ANIJ COORUINAI E:. (HI: RELOC ATION OF ANY 1:x Is·I ING UTILITIES DEEMED NECESSARY BY THE PROPOSED IMPROVEMENTS. 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROl'ECTION OF EXISTING UTILITIES. ANY DAMAGE TO SUCH FACILITIES CAUSED BY HIS WORK SHALL BE REPAIRED BY THE CONTRACTOR AT HIS EXPENSE . 8 . THE CONTRACTOR SHALL MAINTAIN ADJACENT STREETS !NA NEAT. CLEAN. OUST FREE AND SANITARY CONDITION TO THE SATISFACTION OF THE CITY-S INSPECTION. THE ADJACENT STREETS SHALL BE KEPT CLEAN OF DEBRIS. WITH OUST AND OTHER NUISANCES BEING CONTROLLED AT AL L TIMES THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY CLEAN UP ON ADJACENT STREETS AFFECTED BY HIS CONSTRUCTION STOCKPILE. OF MATERIALS WITHIN THE PUBLIC RIGHT-OF-WAY IS NOT ALLOWED WITHOUT PRIOR WRITTEN APPROVAL OF THE CITY INSPECTOR. 9. ALL CONCRETE WORK SHALL BE 560-C-3250 10 CONTRACTOR SHALL OBTAJN All REQUIRED O.S.H.A. PERMITS PRIOR TO CONSTRUCTION OF UNDERGROUND FACILITIES . 11 WHEELCHAIR RAMPS, DRIVEWAY APRONS, CURBS, OR GUTTERS DISTURBED BY CONSTRUCTION SHALL BE REPLACED AT THE CONTRACTOR·S EXPENSE. A PERMIT ISSUED BY THE CITY OF RANCHO PALOS VERDES IS REQUIRED. 12. ALL SAWCUTS SHALL BE DONE BY THE WET-CUT METHOD. UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER. OR CITY'S REPRESENTATIVE ASSIGNED TO THE PROJECT, ANO ALL SLURRY SHALL BE VACUUM REMOVED. 13. NEW CONCRETE SHALL r..'tATCH EXISTING CONCRETE IN COLOR. FINISH. ANO TEXTURE . TO THE APPROVAL OF THE ENGINEER. 14 CONS l HUC 110N SHALL ijl;: AIJJUS I1:U AS Nl:Ci::SSAHY IO MA I CH !::XIS I ING CONIJI I IONS. USl:S. ANU PHOVIIJt 1-'0SI I IVI: SURFACE DRAINAGE. EXACT LIMITS AND CONFIGURATION OF WORK TO BE ADJUSTED AS DIRECTED BY THE ENGINEER IN THE FIELD. 15 TOPOGRAPHIC INFORMATION SHOWN HEREIN HAS BEEN PROV!DED BY THE CITY OF RANCHO PALOS VERDES, DATED 2017, AND UPDATED BY CAL VADA SURVEYING, INC IN JANUARY 2024 THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE CORRECTNESS OF TOPOGRAPHIC INFORMATION FOR HIS OWN PURPOSES. 16 THE CONTRACTOR SHALL REMOVE .:.L L CONSTRUCTION MARKINGS FROM THE PROJECT BY POWER WASHING, INCLUDING THOSE PLACED FOR UTILITY LOCATING ANO CONSTRUCTION SURVEYING. WASTE FROM POWER WASHING MUST BE DISCHARGED !N COMPUANCE WITH NPDES 17 THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ACCESS ROADS, WORKING PtATFORMS, STAGING AREAS, AND OTHER TEMPORARY SITE FEATURES AS NEEDED TO PERFORM THE CONSTRUCTION 18. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PREVENTING DISCHARGE OF SEDIMENT , CONTAMINATED WATER. DRILLING MUD AND OTHER CONTAMIN ANTS TO DRAINAGE FEATURES AND /O R THE OCEAN 19 THE CONTRACTOR SHALL ACCOMMODATE ALL REQUIREMENTS SPECIFIED BY PERMITS. ENVIRONMENTAL MITIGATION PLANS AND OTHER SIMILAR DOCUMENrs. ALL REASONABLE El-'FORr s SHALL BE MADE TO MINIMILE IMPACTS TO SITE FLORA ANO FAUNA. 20. THE SITE IS AN ACTIVE LANDSLIDE ANO IS MOVING. ALL LOCATIONS SHOWN IN THE PLANS ARE APPROXIMATE THE CONTRACTOR IS RESPONSIBLE FOR IDENTIFYING AND CORRECTING DISCREPANCIES BETWEEN PLANS AND FIELD CONDITIONS 21 . THE CONTRACTOR IS RESPONSIBLE FOR IMPLEMENTING PREVAILING WAGE. APPRENTICESHIP, AND OTHER APPllC ABLE REQUIREMENTS, AS WELL AS FOR REPORTING TO THE STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATI ONS 22 -BuY AMERICA" AND "APPROVED EQUAL" SHALL BE THE REQUIREMENTS FOR ALL MATERIALS PROVIDED SY CONTRACTOR ON THIS PROJECT. CONTRACTOR SHALL PROVIDE ·cur SHEETS". SPECIFICATIONS AND COMPLETE SUBMITTAL PACKAGES FOR MATERIALS AND EQUIPMENT FOR THE OWNER'S REV IEW ANO APPROVAL Tflili <l,awir>g has OQI t>et,n ~•~he<! WI ,~Ulf)r hll~ t>,,en l'lfl?"'IKl I>)' ~-Logoc A,;!IOCl,'lm>1, Inc '"' UStl by~"' dk!nl ,~ml<.><l '" thOI !•lkl blcx:l<, soldy ifl rc~;,,ld cl lh<l ccn~t•UC\KJU 01>eratoon, aod ma•nt<>1l<lfl<.I! cf the 1ao.ny ,,,1med.., me trtle tllOCk G<:c-Logs: A~.oto~ Inc st,311 not~., bbl~ !or !he ulkl o1 m~ draw,ng or, 3",' othe< latil,ty or lo, any Ol/11,r 11u!pOIII< T 811 BEST MANAGEMENT PRACTICE NOTES· EVERY EFFORT SHOULD BE MADE TO ELIMINATE THE DISCHARGE OF NON-STORMWATER FROM THE PROJECT SITE AT ALL TIMES ERODED SEDIMENTS ANO OTHER POLLUTANTS MUST BE RETAINED ON-SITE ANO MAY NOT BE TRANSPORTED FROM THE SITE VIA SHEET FLOW. SWALES. AREA DRAINS, NATURAL DRAINAGE COURSES OR WINO STOCKPILES OF EARTH ANO OTHER CONSTRUCTION RELATED MATERIALS MUST BE PROTECTED FROM BEING TRANSPORTED FROM THE SITE BY THE FORCES OF WINO QI~ WATER FUELS, OILS. SOLVENTS, AND OTHER TOXIC MATERIALS MUST BE STORED IN ACCORDANCE WITH THEIR LISTING AND ARE NOT TO CONTAMINATE THE SOil AND SURFACE WATERS. ALL APPROVED STORAGE CONTAINERS ARE TO BE PROTECTED FROM THE WEATHE R. SPILLS MUST BE CLEANED UP LMMEOIATEl Y AND DISPOSED OF IN A PROPER MANNER. SPILLS MAY NOT BE WASHED INTO THE DRAINAGE SYSTEM. 5. EXCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC WAY OR ANY OTHER DRAINAGE SYSTEM. PROVISIONS SHALL BE MADE TO RE TAI N CONCRETE WASTES ON-SITE UNTIL THEY CAN BE DISPOSED OF AS SOLID WASTE. 6. TRASH ANO CONSTRUCTION RELATED SOLID WASTES MUST SE DEPOSITED INTO A COVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL SY WINO. SEDIMENTS AND OTHER MATERIALS MAY NOT BE TRACKED FROM THE SITE SY VEHICLE TRAFFIC. THE CONSTRUCTION ENTRANCE ROADWAYS MUST BE STABILIZEo·so AS TO IN HIBIT SEDIMENTS FROM BEING OE.POSITED INTO THE PUBLIC WAY. ACCIDENTAL DEPOSITIONS MUST BE SWEPT UP IMMEDIATELY AND MAY NOT BE WASHED DOWN BY RA!N OR OTHER MEANS ANY SLOPES WITH DISTURBED SOILS OR DENUDED OF VEGETATION MUST BE STAB ILIZED SO AS TO INHIB IT EROSION BY WINO AND WATER 9. "I CERTIFY THAT THIS DOCUMENT AND All ATTACHMENTS WERE PREPARED UNDER MY DIRECTION OR SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO ENSURE THAT QUALIFIED PERSONNEL PROPERLY CATHER ANO EVALUATE THE INFORMATION SUBMtTTEO, BASED ON MY INOU1RY OF THE PERSON OR PERSONS WHO MANAGE THE SYSTEM OR THOSE PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE INFORMATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMATION SUBMITTED !S TRUE. ACCURATE, AND COMPLETE. I AM AWARE THAT SUBMITTING FALSE ANO/OR INACCURATE INFORMATION. FAILING TO UPDATE THE ESCP TO REFLECT CURRENT CONDITIONS. OR FAILING TO PROPERLY ANDI OR ADEQUATELY IMPLEMENT THE ESCP MAY RE.SULT IN REVOCATION OF GRADING ANDI OR OTHER PERMITS OR OTHER SANCTIONS PROVIDED BY LAW." ~~~~~A~U~TH~O~.~,z,~D~A~c~,N~T~o~,,~H~,~=~N~,~.~,--- ~~NNAETi6~~AUT=Ho~.~,z~EO~A~C~E~NT~O~F~TH~E~O~W~NE~R~) ---DATE ____ _ THE FOLLOWING BMPS AS OUTLINED IN. BUT NOT LIMITED TO, THE LATEST EDITION OF THE CASOA CONSTRUCTION BMP ONLINE HANDBOOK OR CAL TRANS STOAMWATER QUALITY HANDBOOKS (CONSTRUCTION SITE BMP MANUAL). MAY APPLY DURING THE CONSTRUCTION OF THIS PROJECT (ADDITIONAL MEASURES MAY BE REQUIRED IF DEEMED APPROPRIATE BY THE PROJECT ENGINEER OR THE BUILDING OFFICIAL) MANDATORY CONTRACTOR SUSMITTALS (TO BE UPDATED THROUGH THE DURATION OF THE PROJECT) ACCESS ROADS HYORAUGERS• __ ~E~ _ UNIT QUANTITY"" HORIZONTAL DRAINS LF. b,000 DIRECTIONAL DRAINS 6,000 PRE-coNSTRuCTIONCoNF1RMATORY SUBSURFACE EXPLORATION 1:A PROGRAM POREWATERPRE.SSURE INSTRUMENTATION MONITORING I f.A l'RO(.iRAM PROOUCFDWATFR ANAJYTl(AI V,BORA.TORY TESTING ANO TRE ATMENT PRO<,RAM "Ol;NOTES MIARAAY Of FIVE: L\AAINS(r,Vl>RAU(,E,RARHAY 00 HYORAIJCER SYSTEM). REFERS TO BOTH ··QIRECTIONAUY MIO HOFUZ.ONTALLY DRIUED Of!AlriS CONTRACTOR'S SUBMITTAL WIU DETERMINE Fll<AI. QUANTITIES AND WILL BE FJELD VERIF!EO . OUANTITll:S TO 01: UPOATEO TllROUGll DURATION OF THE PROJECT SITE LOGISTICS {NOTE: TWO SETS OF SUBMITTAL$. ONE FOR E-1 AND ONE FOR E-2) LAYOUT OF HYORAUGER AND Al.LITS EQUIPMENT SHOW COM PL ETE DETAILS FOR ACCESS ROADS FOR E-1 ANO E-2 SITE Pl.AN SHOWING FJELD OFFICE I TEMPORARY FACILITIES POINTS OF CONNECTIONS FOR UTILITIES TEMPORARY GENERATOR($) PARKING FOR EMPLOYEES / CITY INGRESS I EGRESS FOR VEHICLES ANO CONSTRUCTION EQUIPMENT ALL OTHER PERTINENT CATA ALL GRADING AND PREP WORK NECESSARY FOR SITE !±_'(ORAUGER DETAILS (NOTE· TWO SETS OF SUBMITTAL$. ONE FOR E-1 AND ONE FOR E-2·1 LAUNCHING DETAIL PERMANENT PIPE (SLEEVE). SIZE. ANGLE. LENGTH BATTERIES. SIZE , LENGTH WATER EXTRACTION POINTS, CONTROL SYSTEMS PUMPS, TEMPORARY TANKS, !;TC. EQUIPMENT NEEDED TEMPORARY WATER STORAGE FOR WATER QUALITY TESTING DISCHARGE (SEPARATE SUBMITTAL) ENSURE THAT ACCESS ROADS ARE ADEQUATE FOR ALL SIZES OF CONSTRUCTION EQUIPMENT UTILIZED BY CONTRACTOR I SUBCONTRACTOR($) DESIGNATED HAUL ROUTES ALL OTHER PERTINENT I RELEVANT lt:'FORMATION NEEDED FOR THE PROJECT DISCHARGE SYSTEMS (NOTE : TWO SETS OF SUBMITTALS. ONE FOR E-1 ANO ONE FOR E-2) PIPE SIZE f DETAIL I LENGTH FROM HYDRAUGERS TO KLONDIKE CANYON POINTS OF WATER CONTROL AT HYDRAUGER TO ENSURE WATER DISCHARGE CONTROL POINT OF CON NECTION AT DISCHARGE LOCATION PUMPS AS NEEDED FISSURE INFILLING DETERMINE WIDTH. LENGTH , ANO DEPTH OF FJSSURES AS SHOWN ON DRAWINGS UTILIZE ON-SITE STOCKPILED SOILS ANO NATIVE SOILS FROM BOREHOLES INFILL FISSURES WITH SOil AND/OR IMPORTED FILL (SUBJECT TO EOR APPROVAL) TO 2 FEET BELOW ADJACENT GROUND SURFACE LEVEL APPLY SENTONiTE MATERIAL AND Fill FROM 2 FEET BELOW ADJACENT GROUND SURFACE LEVEL TO MATCH ADJACENT GROUND SURFACE LEVEL MISCELLANEOUS CONSTRUCTION PHASIN G PLAN CONSTRUCTION SCHEDULING AND WORKING HOURS TRAFFIC CONTROL PLAN TRAIL USE MANAGEMENT PLAN NOTES ,-MuL TIPI..E DESIGN DETAILS AAE TENTATIVE CONTRACTOR'S SUOMITTALS WILL 131: RC~UIRl:0 PRIOR TO CONSTRUCTION, RELEASED FOR CONSTRUCTION ~~0C?~.~~9ic 3150 Bns1ol Slreet Su,ttr 210. CosL:I Mesa. Calllomia 92626 geo.iog,c.comj714.465.8240 THE CITY OF PORTUGUESE BEND LANDSLIDE RANCHO PALOS VERDES MITIGATION· EMERGENCY ACTION LOS ANGELES COUNTY, CA DRAWING NO. 2 ~ CITY OF RANCHO PALOS VERDES 30\l,4lr HAWlHOl{NE 8LVO. PROJECT NO. RANCHOPALOSVEROES,CA!f0275 GENERAL NOTES S023.1202 -- ----' -1,9_.,( 0 ot--:4~ ' '\'~ f ·-, fl ' '1 I ., >l·•~~~- ✓--~'-'\. I "~· }'-, • .1s~~ ;,, ·••'r \ r . "' [ \ , , , , ,/ /, ' , I -~'-~--J -----,0 ----•✓? ... ... .-~(f,, I l!J -;,ro O' 150' 200' GOO " ' ' " _/-- •--.....:"'-\ \ './', , , v/r / , , '. .,.:.__·-.. ~/4 ' --.. " ,·-,v 8 ) d/.-"'-.!t ip, '.' ~, t ,r '/ '-cc --c""---, , l ,, ~-:.? •)!cl 'Ov1, I , , ~t -:..__ , .. { " - fl , '- I .,. ',¢ _. \~ ., '~-, ~. ~\ \~ -\_ . . ~ '-', AL FOR FLEXIBLE ,:, ;1, , I / ,\ ~--:::::::s LEGEND ~r~ f ,',;-1.. ................. h j l ., \~ •• \-.;\ ~ ,~ CONTRACTOR SUSMITTOUIREO FOR APPROVAL. tr,:,l / -~~°;'f~,')'!~:'i . \ ~ I , , ' ' ,, ''/'/' :! \ '-''-\ \ ,,,,, , / ' \ \. J I ' i / ,, '-, ,1: ----/ • /~,/ EXI STltJG TOPOGRAPHY, 10 FT ELEVATION CONTOUR t,WIIOXIMATE LIMITS Of PORlUC.UESE B(NO 1.AN05UOE l!IA:,l,UONlflGHJON,lOOO) APPROXIMAT E ll:.1ITS OF SU!l~IOES OF PORTUG UESE BENO lAtJD5UOE (BASED LE!Gtf'TON, 2000) U 'fl/JE SE ' ~ - ~~DSLIDE ;. ' ) \ -y t .A I }';V • /i i i I 1 , \ -~E ?( ·,./-' I i \ / , •) \t I • } i • i I i I I ~ I ? / ",' \EAlll'-CENT 1 ) ,~BSLIDE .1 .. , 1 JI ❖ 't-----i- t \: / / , , "·' -CENT~"\. BSU[l.e • ~ • ---.... ..... • SEAWA SUBSLI ,'( I , I ~ , ~--; Ir--..___ .J .-. • , / , ,' -----., ~,y 7 -1 ~,-,V"""' \ , , I ~ APPROXlMAT [ lOCA HON OF SHORELINE PRESERV(PROP(RTYBO\JNOAAY APPROXIMATE LOCATION o; TRAIL BASED CffY 01' RANCHO PMOSVEkOESMA?S fXISTItJG IMPROVF.MFNTS llt,SED ON nn4 ( AlVAOt, SURVEY ING.11~C.5U RV[YUPOATL PROPO~EO HfX!BLEOISCHARGE LINEALOtJGGROUNOSURfAC E lXISHNG COIIIIUGAflO Mt I Al PIPl [CM Pf PII.OPOSll.l HVO~UCiUI AAAAY LIXAI ION. BOX lltPll.i:SlN I~ Al'PIIOXIMAll WORK lOCA!ION, BLACK LINE RH'lllSENTS '~ , '-[-l OIR(Otor, AND-rtNTATIVl lENGnl OF HYDRAUG(IIS IN l'tAr< '~' VIEW. / @ STORMOR/\IN l!ISf.11 NOTES 1 Coo 1 iv:c iOk Is Rl:.Sl'ONSll'ILE r o PHtHlRM l'Hl:-CoNSi i<Uc Buri CONFIRMATION SUBSURFACE EXPLORATION 10 VERIFY Cl-!OUNllWAIEH. SOil. ANO IIEDtl.OCK CONDIIIUNS 2 CONTRACTOR SUBMITTAL IS RE.CiUIREO PRIOfl. TO PE.RFORt.llNG THE HYDAUGER INSTALLATION. CONTRACTOR IS RESPONSIBLE TO INST.All OROUTEO CONOUCTORA.NO/OR SURFACE CASING WITH AOl:OUATE CAPACITY TO PREVENT 81.0WOIJT ANOIOO OTHCR POTCNTIAt AOVCRSC E\/CNTS RCLATED TO HYORAUGER INSTALLATION. OPERATION, MIO/OR MAINTENANCE :i EXl:lTlt<G TOl'OGRAf'HV' PROVIOEO BY Ct'TV' or RAllChO:i PALOS ~;,~i;;,..o:o~~o 2017 JI.NO UPOATEO BY CALVAOA SURVEYING. INC lN CONl l<ACTOR ISHtSl-'ONS!llll:. lU~ll:.W'ill:.~ll'Y ELEVA I IONS SHOWN ------;o;; .._ • • ........_ uGu1:s1: e1,IV0 .4(. ...... , ~.,...,,~Ir, \ 5. com RAC TOR TO fURtlI$t1 ANO INSTALL f>Uf..1PS ANO ElECTRJCAL CONNECTIONS FOR PUMl'•ASSISTEO SWALES. CON TRAC TOO SU81.1ITTAL IS REOUIRCO, BUY AA\ERJCA A.NO APPROVEO COUA.L APPLY , (I CONTRAClOR TO INSTALLPLU"-18INGC0NNEC1I0NS TO EXISTING DRAINAGI: LINES ANO/OR PROPOSEO SWALES CONTRACTOR SUBMITTAL IS REQUIREO, BUY /\MERICA ANO AFPROVEO EOUAL ""'" PACIFIC OCEAN 7 CONTRACTOR IS RESPONSIBLE TO C/,PTURE WATER PROOUCEO FROM DRAINS OIJRING CONSTRUCTION. PERfOf'lM ANALYTICAL LABORATORY TESTING OF REPRESENTATIVE WATER $Af,U-'UC$, FURNISH ANO INST:.I.L STORAGE. TREATUENT AND,OR PUM?ING COUIPMCNT AS NC COCO fOR COMPLIANCE WITH PERMIT REQ UIREMENTS. CONTRACTOR SU8M/TTAL 1$ REOU1REO. Th,~ d,awing has OOI bm:n ?Ul,>ln>l16d tl<JI r,lU>t1r haS bl;,~n pr~p.:,re<l by Gt.<..logi,: Aii$>CloJ1C>I. Ir.; !01 u.., by lh.:, ~nl ,,;..,w.>d in I~ Mk! block. solely In !~SNCI ol too con$11U(:l>Qn ope,a110n. and malntonano=e ot me tao."Y namcd 111 !lie 111111 t>IOCK Geo-Log,c A~u• lr,c !il\,lll no1 ce bUa for 1114! usc, ol ltus dlaw,ng or, ;J.11)' other tacil,ty cr to, any O!IWlr purp0&e RELEASED FOR CONSTRUCTION .,,,,. GATEWAY "" I 01\TE OF ISSUE. """'" ,tr ~~.4?~.~~9ic CITY OF RANCHO PALOS VERDES ~ DRAWING NO. OESIGNl:.OBY A\/'l &MI/ ~ THE CITY OF PORTUGUESE BEND LANDSLIDE OR/\1'/N!IY CM 6 RO RANCHO PALOS VERDES MITIGATION -EMERGENCY ACTION 3 ICHCCKCOOY serT.,.eIr 3150 Bristol Street Suite 210. Costa Mesa. Cal ifornia 92626 LOS ANGELES COUNTY, CA -· I 811 geo-log,c.com!714 .465 .8240 30ll-l{i HAW I HORNE SLVO PROJECT NO . APPROVEOBY .. RANCHO PALOS VERDES.CA !I0275 E-1 ANO E-2 HYORAUGER LOC ION.MA sO2J.1202 ~-1~-~--·~~ ~ -- -6 I i ··--··,. Tlu5 d<:alW>ll lias oot b6<,r, p,.;bloshod :lU1 rall'ltlr nas De>en prtip;iro>d I>)' Goo-LO\l"C As=t..~. lr,c for use O)' U111 dK:"t 11anie4 ,n 111<1 Till,;! block. :l<>lely., ,.,~PK! al too con~uui;t1Q<1 OPO<al,on, ;tno:I R\iWllenatlC0 rJI tile l.idr,ty '"'"'ed"' me hlJe l>lof;I<. G.;,o-Log:c A~alc,,f Inc s~..il -Ct! Mllid lor""' Wk! or tlllS ()r~ .. "'11 0<1 My olher T3C1l1ly c,f '"' any 0~K»" purpo,;c T 811 ~~R~.~~9ic 3150 Bristol Street Suite 210. Costa Mesa. California 92626 geo-log1c.coml71.i..i65.tl240 \ C \ \ LEGEND rt 50' ,oo· ~· EXISTING TOPOGRAPHY, 10 rT ELEVAT10N (ON TOUR APPROXIMATE llMrTS o;: />ORTUGU(S( 8(N0 WlOSUO( (BASEO ON l£1GHTON. 2000) APPKOlllMArl UMIIS Of-5U!!SUOLS Of PORIUGUlSE BtNO l.AN0Sll0[ (8A5(0 l[!GHTON. 2000) APPIIOXI MIH( lOCAT!ON OF SHORELINE PRESERVE PROP~RTV BOUNDARY ,,PPAOXIIMH tOCATION OF TRAll BA~!'D C1TV Of /!At KHO PALOSVfROUMAP5 £XISTING IMPROVEMft;TS BASfD ON 2024 CAtvAOA SUil'lfYING,ltj(..SURVEYUPOAU PROPOSED FlEJllblE OIS.CHAA(,f llNE TO UONOIKE (.ANYON 'T -F -PROl>0~!-(')!-11-Cfl!ICAI H00t.:-UI' • I ~ PROPOSED HVORJ\UGfR /IIIRAY LOCATION. 1[ll OW Sf-lAO[D ARE/,R(PRF.Sf.NlS ACCfSS,LA'l'DOWNAREA.ANOHYOF!AUGER l •I :~~~O~ :~~~r~:~Ep~~R!~~S OIR(CTION AND &E-1·5 ~E-1-10 ~E-1-8 @ NOTE:. PROPOSEO V\'ilP, STANOPlPf PIEZO"IHER, ANO INCUNOMl !OK \ld:E 1)0 IAIL SJ ."l PR0P05(0 VWP ANO ltJCU NOM(T(R jS(( Q[TAIL Si."' PROf'O~lOV'N~ (SOE DET/\IL ~)}'' I CONTl<A(; 100 IS Rl'"SPONS 1R1 F T6 PF.fll'OflM F'F!F-C'.ONSTRUr.T1QN CONFIRr.lATION SUBSURFACE EXPLORATION TO VERJF'I' CAOONOWA TER. SOIL, ANO BEDROCK CONDITIONS. 2 CONTRACTOR SUBMITTAi. IS REOUIREO PRIOR TO PERFORMING Tt'.E Hl'DAUGER !NSTAlLATION CONTRACTOR IS RESl'ONSl&..E 10 INST AU GROVTEO CONDUCTOR "'1~D/OR SURFACE CASING WITH ADEOUATE CAPACITY TO PREVENT BLOWOUT AA"OOR OTHER POTENTIAL fo.OVERSE EVEN ts RELATED TO HYORAUGER INSTAl.LATION, OPERATION, ANO/OR MAJNTENANCE 3 EXIST ING TOPOGRAPHY PROVIDCO BY CITY OF RANCHOS PALOS VCRO€S DATED 2017 ANO UPDATED BY CAL VADA SURVEYING, INC IN JANUAAY~~ CONTRACT OF< IS RESPONSIBLE TO FIELO VERIFY ELEVATIONS ""'"' ~ CONTRACTOR TO F~ISH ANO INST AU PUMPS ANO ELECiRICAL CONNECTIONS FOR PUMP•/\SSISTEO SWALES. CONTRACTOR SUBMITTAi. REOUIRCO. BUY AMCRICA AND APPROVCO EOIJAL APPLY b CONTIU,C JOR TOINSTAU..?I.UMBINGCONNECTIONS TOEXISTING DRAINAGE UNES AND/OR PROPOSED SWALES. CONTRACTOR SUB MITTAL REQUIRE D. BUI' AMERICA ANO APPR.OVEO EQUAL APPLY ~ /-~f::~O:,' ~; PO',\'ERPOLE 7 CONTRAC TOR IS RE;SPONSH>LE TO CAPTURE WATER PROOUCEO FROM DRAINS DURING CO NSTRUCT KIN. PERFORM ANALYTICAL L.A80R,\TDRY TESTING Of REPRESENTATIVE WATER SAMPLES, FURNISH AND INSTALL STORAGE. TREAUIENT ANOIOR PU,'.l?JNG EOU IPMENT f..S NEEDEO FOR COt.tPUANCE 'MTH PERMrT REOUIREMEtlTS CONTRACTOR SU8MITTAL REOU IREO ~ THE CITY OF RANCHO PALOS VERDES 30940 HAW fH0RNl:.tlLVC RANCHO PALOS VERDF.S.CA !I0275 8 MONITOFtlNG,OATA COU(CTION. OCPTH ANO All II CL.EVANT INFORMATION I~ OlflECTED AfJ D LOGGED BY (NGINEEFt.Of.llEC0/10 (E0/11 RELEASED FOR CONSTRUCTION CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION· EMERGENCY ACTION LOS ANGELES COUNTY, CA DRAWING NO. 4 f-------------~A-1 PROJECT NO . SO23,1 202 ~~~ I :-~L 'li,'W'..-i uw b~ !)>fl ciw.~•t nam..'d in lh<t t,u.i bloci<. $.Ole!~ ir, rvs?&CI ot ttu: con~1ruct10n not De 11/stlW lot the use ol lh,~ <lrav.11>g oo any othc! !acrl~y"' tor aoyotrkll" pu ~~.'?~.~~gic 3150 Bns1ol Street Su i1e 210. Costa Mesa. Calilomm 92626 990-IOg1c.comj7 1--1 .465.8240 LEGEND U SO' 100-200" _..,__c-2-.. --I EXISTING TOPOG/lAPHY. 10 TT EltVAllON CONTOUR APPROXIMATE LIMITS OF PORTUGUESE BEND LA.t.OSUO( (IIAMOONlflGHTON.1000) APl'ROXIMATE UMIT!, OF SUBSl,100 OF PORTUGUES-E BEND lANDSUOf !SAS[D LE IGHTON. 2000) APPl!OXIMAIE LOCAl lON Of SHORELINE PR!:S£RV[PR01'(11TYBOUN0ARY APPIIOXIMATE lOCATIOO OF lRAll BASE D OTY OF llAHCHO PA.1.0!,V[RLl(SMAP!, FXISTIN<", IMPkO"-.'EMV.lS $AS.ED ON 7074 CAI VAflA SURV{YING.INC.SURVEY UPD Al[, PROPOSEOf'LfX IRlf.Dl~HARGfll NFTO STO RMDRA IN!l(lQWPVOS [)([STING COIIRUGAHO METAL PIP[ (CMPI ~ PR0P'OS(0HYOl!AUG[R/.,RRAY LOCAIION.Y[U0WSHAD(O AR[AR (PR[S(NTS ACC[SS,1.AYDOWNAR[A,AND IIYOAAUG(R INITIATIONAR(A,BI.ACKLIN[R(PR(SCNTSOlR(CI IONANO LENG Tl◄ OF inOAAUGCRS IN PlAN Vl(W E-2L0W(R PROP'OSEO\l\'JP.S"TANDPIPEPIEZOMETER.ANO INCLINOMET(R (SH OUAIL S),li"i •.; ~ E-2-6 •~E-2-9 ~E-2-8 l>R(.ll'O)lU VWP AN O INCLINOMllll! !~t Ul IAIL )) 1•> Pil.OPOSF.OVWP\SEEOEIAII ~)_1;, 0 1 [.ON !HA(;rcjit1s·Rf:.1'0NSll'.4 E 10 l'f'RFOHM l'Rf ~.()NS 1H111.il()t1 CONFIRMATION $.18SURFACE EXPLORATION TO VERIFY GROUNDWATER. SOIL. ANO BEDROCK CONDITIONS. 2. CONlRACTOR SUBMITTAL IS i'<EOUIREO PRIOR TO PERFORMING THE HYOAUGER INST.:.i.LATION CONTRACTOR \SRESPONStBLE TO INSTALL GROUTED CONDUCTOR ANO/OR SURFACE CASING '."{)TH AOEOUATE CAPACITY TO PREVENT SLOVl'OUT AN OiOR OTHER POTENTIAL ADVERSE EVENTS RELATED TO HYORAUOER lNSTA.1.lATION. OPERATION. AND/OR MAINTENANCE. 3. EXISTItlG TOPOGRAPHY PROVIDED OY CITY Of" RANCHOS PA.LOS VEROCS DATED 2017 A.ND UPDATED BY CJ,J.>JM)A SURVEYlll:0 INC JN J.ANUARY202..t CONTRACTOR IS RESPONSIBLE TO flElO VERIFY ELEVATIONS SHOW fJ 5 CONTRACTOR TO FURNISH ANO INSTALL PUMf'S AND ELECTRICAi. CONNECTIONS FOR PUMP·ASSISTED SWALES. CONTRACTOR SUElMlTTA!. RCQUIRCO. BUY AMCRICA AND APPROVCD EQUAi. APPLY 6 CQNTMACIOM TO INSTALL PLUMi:IING CONNECTIONS 10 EXISTING OR/\INAGE LINES l\l'IO/OR PROPOSED SWIii.ES comAACn:~1 SUBMITTAL REOU!RED. BUY AMERICA ANO APPROVED EOUAL. APPLY 7 CONTRACTOR IS RCSPONSIBLE TO CAPTURE WATER PRODUCCD FROM DRNNS OUR ING CO NSTRUCT ION: PERFORM ANAL YT I CAL LA80RATORY TE STING OF REPRESENTATIV E WATER SAMPL€.S; l'URNISI, ANO INSTALL STORAGC TREATMENT, ANDiOR PUMPING EOUIPMENT AS NEEOEO FOR COMPLIANCE WITH PERMIT REOUIREMErlT&. CONTRACTOR SUBMlTT/\L REOUiREO 8 MONITORJNG,OATA C.Oll(CTlON. O(PTII Al'lDAll R[L(VANf INFORMATION IS 0111£CT£0 ANO LOGG[D RY ENGINEfll.OF.11£CORD (£OR) -RELEASED FOR COl)ISTRUCTION ~ CITY OF RANCHO PALOS VERDES THE CITY OF PORTUGUESE BENO LANDSLIDE RANCHO PALOS VERDES MITIGATION -EMERGENCY ACTION 5 LOS ANGELES COUNTY, CA ~ HAWTHORNE Bl.VO PROJECT NO. RANCHO PAI.OS VERDES.CA !t0.275 S023.1202 DRAwtNG NO. ::::~~:::::...: '"" ~ --~~ ---~~ =--~ --'" -- /2 ' ,' / f ,' ,, / ________ '!,,r::r-.- ~ ~ ~~ ~-::=-:::: ),, / --l )\ [',~ ~- i. -~ \ :~N " ... ,, > ,' ,, / ,l>' ,. ,j -~,,,,. / LEGE ND PACIFIC OCEAN [Xl~TI,_G TOPOGAAPIIY, ~0 n [l(VATION CONTOUR [JUSTING TOPOGRAl'llY. 10 rr [L[VATION (ONlOUR ANTIOPATID GROUNDWATER, 10 FT ElfVATION com OUR ANTIC!PAl[Ol!ASAl.RUPTUR[SlJRFAct. l0fl'[l{VAllONCONlOUR APPROXIMA.Tf LIMITS Of PORTUGUESE BEND L.ANDSllOE 16MEO ON lHGHTOrl, 2000) APPROX I MA Tc llMfrS OF SU6SLIOES OF PORTUGUESE BEND lANDSUOE(B.ASfDL(!GliTON.lOOO! APPROJCIMATE l~TIO"I Of '>HORHlM l'R~'>LRVlPilOl't RIVIIOIJNL>I\IIY ;1,PPAOXIMA l( lOCA. TION OF T RAil llASl:D CITY OF llANC!tO PAlOSVERDESMAPS [Xl~TING IMPROV(M[NTS BAS[O ON 2024 Ct,l VADA SURV(VIN G,INC.SURV(YUPOAT[ ~ flROPOSEOHYOAAUG(IIAllAAT'LOCATION.BOXRfl'RESt"llS APPROXIMAT( WORK LOCATION. BlACX uric R(PR(S(NT'S DlR((TION AND l("ITATN( L(NGTH OF HVOAAUGtRS IN Pl.AN VIEW $-E-2 -6 -$-E-2-9 -$-E-2-8 -$-RP V-2 ~ROPOSEO VWP, Slf,NlWII'[ Pl[ZOMHE/1, J\ND INCUNOM!:1f.l\ l.!>t.t UUAIL !>).'•I l>ROPOS(OVWP AND INCllNOMCT(/1 JS[( O(TAllS).(•I PKOPOSU>VWl'{.!>H DHhll .!,).t<I PROPOSrnWCUJl"ICLINOMtTCR II~ .. NCUNOM♦1t :111~IH~RS .../,, I \._,,.~- flus u,~wu,g lias ,,oi beon p,.i)l,W,.,d 0111 ,a~>er has t>t,,,n ~•cp,;,rt<J by G«,.loo;i,c ~~1~-.;. 1,11: lot u~ b), !ht, d>e"t r.anied In u,,, t,IJ.;! bloci<. :10i<lly 11 "'sp,,ct ot 111<! co,-1~11,;c;t,cn oo,itlll1011. and l'NlfllC<WnC• ot 111<1 TilQl>fy r>am<Jd 111 tnc ~lie -... Geo-l.oQ>e AS>oO.l!N, Inc sh..U not Cc lia0W lormu UM: or tnis drawir,g on ally Olho< !~cil,ly Of to, -"'Y O\flef ,:,Ut;)Ol,<e w 811 B A MAPPED LIMITS OF PORTU~ESE BEND LANDSLIDE A' -- I l _L ___ , -----' -·-----· ,_,.. '_,__ ' ---· _, • ~ -·-·----•-•"'" I-"··-cl I -'--::::)(, .. -··-,.. ---~ -~L :':~: ::;:~:~~==c:==-=:i:;'.'.'.:'.=======---;/ <:::::~:;:--~~:~:>-- ~~S ~~9_HC,!:~~ TEOSLIPStJRFACE COTTON SHIRES &ASSOCIATES SPECUlA :..c -1-100 ,,, ,:...f I I I i I I • I 1o1i oc 1 111i c,6 1 1::fc ,; •3-Jco 1~!00 1'J !vc ,c,1w 11 !0,::i i'2Lx, •~.100 w loo .::1 lo~ 22 !Gv 2J !oo 2.1 !:)c :<-!i l v~ 2;;,lr.,r; 21 f oo~;,;,,; 1,·cG 2,\;c; 1 .co 4 1°00 :,,cc, MAl-'P!:IJllMll'SOF l'OHT~~l:Sf BEND LA/IIOSLIOE DISTANCE ALONG CROSS-S ECTION (FEET) B' 20.NGROUNDSURFACE ..... / ~~~~~NOt.tETER) I =~~1ci~~ -.. . . '-_ l'iNDSUOC ;>()l R tlll ., F . u! "· /'""c"ATEoc,oo,ow""'ABO.' , II _____ _ ___ j r '000 '""•" ~ ,,, :_ •• ----, ------,_ -✓-/✓:====-======= '. ~:~~======-=====~==;;;=;=~;;~~~~~~~~-=~~-=~~;;{ - , \ ? ~ -------~ \ \ '. ? \ \ ._ COTTON , ~IRE:; & \ ' ---____ ,,. ,,,,,,,-,, ANTICIPATfOBASAL ~ ASSOCIATES ' '-, ---------_.,,./" RUPTURE SURFACE SPECULATEOSW' MOOls!Ed.TAflER '-.._ '-'1 SURFACE INTERPRETED -., '-._ ' '-BENO IN SECT ION STRATIGRAPIW '-.._ ---------- 1~1&1~ ...... .,,'!.'C ~'(><; ::::m; ;,·,i;-;1~-.':,10,.; •·-;}0i; 61C;O 7,{,c t<,o,:; ·:jt 1oc', '(o!C:)' 1'i!Ga-, : 0 :.TXi '-1:~"!~ '1.:foc, 1sfoo 1,:-'()IJ 17 /.0,1 1ti -'-M 19,1r,o .;:,,l _o.; ;;•1 l '"'' :,:,!0,:; :>.1!c.-0 2~~0~, ~slcc, 2n:.r:, 21100 :?.:oo ::~~{t-1 ~~R~.~~9ic 3150 Snstoi Street Sui te 210, Costa Mesa. California 92626 gao•log ic.coml 714.465.8240 DISTANCE ALONG CROSS-SECTION (FEET) ~ TH E CITY OF RANCHO PALOS V ERDES 30!1,40 HAWTHORtlE BLVO RANCHO PALOS VERDES.CA !10275 NOIES 1 THE BASAL RUPTURE FA ILURE $1.JRFACE WAS OEVELOl>EO SA.'>ED VPON PRE-2016 IN FORMATION ~ THE L0CA110N OF '!HE BASAL RUPlURE SU~FACE TO 8.E UPLJATEO VPONCOMPlETIONOF INST/\U.J\TIONOF OVAi. VERTICAlBOREHOLES II.NO PROCESSING CF DATA l'HStEOF. 3. GROUNDWATER ELEVATIOtl IS SEASO~.IAL .r..NO HIGHLY VARIABLE. MONITORISG,0.:. f A COlLECTION. DEPTH AND All RELEVANT INFORMATION t.!, Ollll(l [O AND LOGGED 8Y tJ'iGINHlt.OF.RH:OIW ([OM) RELEASED FOR CONSTRUCTION CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION -EMERGENCY ACTION DRAWING NO. 6 LOSANGELESCOUNTY,C~ ,-... I PROJECTNO. S023.1 202 LEGEND I ~E-1-5 ~E-1-10 ~E-1-8 • 1\. n · J~J , ~ • ·f'' :f, ( i'. / , 'E-1-3 : i .. •. ·:•' '-I •~ • t:ro • • ~ -E-1-7 ~~';;~ ~i.l ~ E-1~\- -6 1( ,,0 {/ ~ ~----~-j~# ---_>--19......._ ·--· --- Al'l'IIOXIMAlt UMll~O• l'UM1Ul.>Ut)I blNOI.AN~IOl tB .... St:O ON UIGHTON, 2000) PRESEIIVfPROPEIITYBOUNOARY ~Kl~!NC. IMl'ROVE MHIIS k!full) ON 20}4 CAlVAOA SUHVt'YlNG,INC.SURVEYUl'OA TE. l'RU!'tlSHl Ht~I Blt OIS.OlA RGl L!Nl '10 510HM OHAJN 111)1:R l'Hc»'OSEO VWP ~TANOPIPE P1€Z0Ml:'.l€R. ANO INCLl~lOMCTER (SEE OCT A.Jl 5),. PRQPOSEO VWP ANO INCLINOMETER (~EE DE TAil ~)"' PROPOSEDWJP (SEE OHA.ll ~)-" NOTE'- f OR ORA.INS 2 AN D 4 COOROIN.-.rEs INTERP6t ATE BE TWEEr1 ADJACENT DRAINS l MIN1~1UMCUf<VEAAOIUS400FEt l'. 3 me CASAL RUPTVRC FAILURC SURfACC WAS DCVCLOPCO OASCO UPON PRE ,201 (; INFORMATION THI: I OC,t.TION OF lHE BASAL RUPTURE SURFACE 1(16E UPOATED Ul"ONCOMl>\.El!Of'<OF INST Al.I.Al ION OF DUAi. VEMIICAL80Rf.HOl.l:S ANO PHOCESSING Qi= DATA THEREOI' 5 GROUNOW A l ER ELEVATION IS SEASONAL ANO HIOHL Y VAR IABLE 6 M0NIT0MIN G,DAT ACOUFC110N, 0€Plfi ANO/ILL RHEVA NT INFOR M AT ION IS OIRECTEO ANO LOGGED BY t NGINHR OF.RfCO RO (EORJ -<Q_ ( ,, ___,__ ,, , I, { 1 -:,,,",_ \' I ~),._: ';, \,,-' \ ~oo ,®~ '1 , I ./ , I , .. ~%°~---~•:\"'"': ' , /.I ." ✓\ii '/ '):, .. 'I L -"'-..! -, ,_____ 'J u ~ I KEY MAP (NOT TO SCALE ) ::. ' "' ::, "' t;; [ z 0 ~ ~ . SI_ I PROPOSED 1-iYORAUGER INITIATION POINT 300 ,-Af(TICIPATEOBA.'»J. RUPTURE SURFACE / r -",N[,Clf'A!l::UUl«JVNtJWAll::H lAtJ.LI:: . I / PROPOSED HYORAUGER ALIGNMENT _," / f_ r ... E-1-3 ~ 1 TD ~1sorr T / r GROUND SURFACE: (202J SURVEY) / I I "50 1•00 2•00 J•OO 4 •00 5•00 G•OO 7•00 e,oo B•OO 10,00 11•00 1l•OO 13•00 DISTANCE ALONG CROSS-SECTION {FEET) r DAA.r tl I COOIIOINAHS TA8L1 (fHT) ARRAY "E-1" DRAIN 1 POINT I STA I ION I NORT"H I (MT I HEV. UPDAH I U~DAT E PROPOSED IIYORAVGi:R IMTLATK)N POINT ,/-GROUND SuRrAcC {2024 SUR'ICYJ ·,,,, :··,r·· '¥ -sol • .2!oo .Joo o1 1l 21 J•~ ... ~ sJoo · GJoo 7•~ a-~ 9-~ 10!00 -,~J;"H ' 12loo 13loo 50 DISTANCE ALONG CROSS-SECTION (FEET) r----· ORAJ N3COOIIDl"IAT£STABlf[Htl) ARRAY "E-1" DRAIN 3 \,~NT ]5tAJ10N r . fK.IHIH r u~~".!._t._ I UPDATE -~-------------------------------------------------"300 ~ "' ~ ~, !c., z 0 i w r PROPOSED i'IYDRAUGER INITIATION POINT I -ANllCIPA'll'nkA~AI >111.-nJHFSll>ll'A(";I' /,' f GROUND SURFACE (2024 SURVC"YJ / I / ♦F-1-1 ,-ANIICIPATEDGROUNOWA1 ER l"'8l.E 11 ~ / ~-· .. , r , r -----"!-sz -,-=::::::,,._, •• oo ~.,-~-=--~ i ··--··~ ···1 1 f PROPOSED HYOAAUGER ALIGNMJ;N T _.,,. 3~ ,.1,, ,ioo DISTANCE ALO NG CROSS-SECTION (FEET) ARRAY "E-1 " DRAIN 5 r· 01\AIN 5 C0011t.HNAH$ TABl{ (Ff(f) ~~ _js1AT10~-T~"' --,~,~m~,--co-M-Mc-,,,---< l ~:::: 8fG!N CURVf § -" ·=••""'"""°" ~.,,,,,.,~,•~=.,~~• CITY OF RANCHO PALOS VERDES DRAWING NO. i "'"'::.':.,"-:.:-::0':':."::::::",~.:::;•:_::::.,"::::,:,:•:::::;."~~":"0:::'':;:;';;,::;,:;;::;;:,.,.,~_.,,~,,, • .,,,~-,,,-,,...,,.~,,,-,,-. . ~ · PORTUGUESE BEND LANDSLIDE 7 ~ ":'. •• : ~" ·---~~,:;" QA,eo,,ssu, ""''" TIO RT Geo-Lo91c THE CITY OF MITIGATION. EMERGENCY ACTION ~ ,,,,., o,.,ew,> "''"'°" •w•= • •" • <,. T< 5 RANCHO PALOS VERDES LOS ANGELES COUNTY, CA -PROJECT NO. RELEASED FOR CONSTRUCTION { o,,wm s, W&SO 3'50 B,,s,o S"~•SoHe 2\0 CosbM~a.Cal,lomia92626 j 30940 i'I AWTH0RNEBLVO REPRESENTATIVE ORAINSf.T E-1 / SO23.1202 ! [ '"""°''· '""'" 811 goo-log,c.wml71 U65.'2<0 RANO<OeACOSVEROESCA,om ~ :.. --_......./.....,Y_ ~'-- LEGEND "",, E-2-6 ~E-2-9 ~E-2-8 0 EXISTINGTOPOGRAPUY, 10 FT ELEVATION CONTOUR A~Pl!UlllMP.ll llMH~ Of l'UklUUUt~ Blt.O LJ>.Nl))llDL la.\Sl:OONlllGHTON.2000) PR£S(RVEPR0P{RTT90UNOARY IJ(J)'TIN<, IMPIIOVlMl/',1) !lk.tDUN 2014 CAlVAOJI 5UAYlVING.lNC.SURVEYUPOAI(. P~Ol'O)fD HlXIIILl OISCI-IARGl LIN[ 10 )IORM DffAIN llllOW PV~ PROPOSED VWP , STANOPIPE PICZO,.'CTER. ANO INCUNOI.IF.TEA(SHOfT,\ll\)°' PAOPOSEOVl.'JPANO INCU/IK»,.tETl:R {SHOlTAII !>)'"' f'ROPOSEOI/WP!:'.EE OllAIL !>).'"' -o _ -J ~\Tj-1· /···1 1 ~1\W' f '""lt ... ~ ..... \ I /.:.: .. -' \ --, ~~. ~ " ..., /''1 .1~<,A~ ·>, ,,_;: ' I "''tJ,.._____ ""'> A /-, ' \_, NOTES !~RAJNS 2 AND 4 COORDINATES, INT"EAPOlATE CETY.'EtN·- AOJACENT DRAINS ntE 8ASAi IWPTURE FAILURE SURFACE WAS DEVELOPED SASCO UPON PRE·2016 INFORMATICN THE LOCATION Of THE 6AS,>.1_ RUl"TURf :..URFACE TO EiC Ur'CATEO UPON COMPt.ETION Of INSTAUAT!ON OF DUAL VERT ICAL BOREhOLES ANO PHOCC:OS ING or CATA 1111:Rcor ~ GROONOWAlE_R 1:.LEVA!IUN IS SEASON/\1. /\NO HIGMLY VARl/\BLlo Th.~ drnw111g rw. not b6en l)Ul"~1shed bul r.au..,r ~:i~ b;,en prt,p..,l!<l by G,,c,-log.: Alol!Oci:.t<!I, lroc fer u"" by lh<I d,.,,n u.'.lll><!d in t!l<I 1,u., block. sol&fy In r<!"l)OC! o! Uk! cons1ruc1Mln oe>cra\lQn, and m:,mle,,;ir,w Of 11111 la,;,hty narr)O(I"' n111 tide GIOC>.. Geo-Log,e Assoo:.31b6 Inc >,hall nol :>II Ii.able lo, Ilk! u...: o! u.,5 dra,""9 on ~"Y Otho!< 1aohl'J Gf to, any Olllllr pwrpo!ltl SfHlO'j4 w 811 ·00-,,----------------------------------------------------~1,oo ::; "' ~ s, >--w [ z 0 i= ~ 4, W 3~- CROUNOSURFACE (2024 SURVEY) - C-25 ♦ ._E-2-4 '"" \ PROPOSEO HVDl'fAIJG.ER INITIATION POINT PROPOSCO !IVORAUGER ALICNMCtlT \ 'v ~ I ;;;;:.,.:J ' !O.•:tOOfl TO •~JOH l,N"l,CIPATEOGROUNDWATER __/ JOG SURl'ACI: 3.00 S+'oo 6.:00 6•00 !MXl 11 •00 12!0to "50 DISTANCE ALONG CROSS-SECTION (FEET) ARRAY "E-2" DRAIN 1 ~-~"-=f -ORAl~TES TNILE (FEET) '"'"'"--J-~'" I ,.;,-- -O•OC1 1 7JO.U4-· _64::?°E.._ ~ 1.r•UO 1 7J1,Q!;~ 8 452,495 -'--·----- ""-J ~DS ~J ,so--,---------------------------------------------------<50 ~ Cl) !i' " <( >-- i;j \!,, z 0 ~ 4(,u-+- ~ r PROPOSED HYON.iJC.ER / ALIGNMENT GROUND SURfACC (2024 SUR'/('!') ~ ' •E-2·9 +E•2.0 .♦E-7·2 I .J-ro ~~FT ~ -•4 •00 -3 •00 ·2•00 ·1•00 0•00 ,,oo 2+00 3•00 4•00 5•00 6•00 1 •00 8•00 9•00 10•00 11 •00 12!00 DISTANCE ALONG CROSS-SECTION (FEET) ARRAY "E -2 " ORAi N 3 ,-----~-=.~,c=.oo=,=n,~ .. =,,~,=,,=·="="="~' ----~ POINT STATION -)_--±-1:·.: __ G:::_;_ 6 451.101 6,45 1707 ECEV "' ::; SO()r-------------------::===::=:;::---::;;;;;;;;;;;;;:;;;~;;;;;;;;;;;;:;;:;-::-------------"' 1 -' ~ .,._ GROUNOSORFAC'<"'"SUR,HI ~,, ~,~,,MEO""" ,u,,VRSSUR•.CE ; \ ♦<·H ',_ _,/ Q 3 so /-Pl<Ol'<)St:::O 1-iYORA!JGER INI IIAr+ON PO IN T \ I ~ " / t '·'• ~ ----+--=e,-,., •,_ PROPOSED HYORAUGER ALIGNMENT '-ANTICIPATEO GHOONOWAlEA ·300 w ~r.«?~.~~9 ic 3150 Brrstol Streel Suite 210, Costa Mesa. Ca lifornia 92626 geo.1og 1c.coml7 14.465.8240 - SURFACE 12!00. l50 DISTANCE ALONG CROSS-SECTION (FE ET) ARRAY "E-2" DRAIN 5 DAA1NscooP:01~TEST"-BLFITTrrl-·-~ --- -POl~r SlAr_,ON ~ORft-o -1· . EAST _ r-"'FLFV -- ; I 1:.:, ~:.:~ :;:.: : RELEASED FOR CONSTRUCTION THE CITY OF PORTUGUESE BEND LANDSLIDE RANCHO PALOS V ERDES MITIGATION -EMERGENCY ACTION LOS ANGELES COUNTY, CA DRAWING NO. 8 ~ CITY OF RANCHO PALOS VERDES ~(J HAWTHORNE 8LVO. PROJECT NO. RANCl"IOPALOSVEROES.CA90275 REPRESENTATIVE DRAINS~~ S023.1202 STEEL MONUMCNT '\.. iNCU!~OMETER Ci\SING -'\.. -----------~,+,-H-.h------...,.-J,,+-+.J,, / / f~TEStAN PRESSURE BLOW OUT \CONTRACTOR"S SUSMITl "1.) TEMPORARY SURFACE COMPLEllON (Cm HRACTOR'S SUBMI TTAL) f" {MIN ) SONIC BORING ANTIC iPAT'EOBASAf. RUPTUR E SURFACE '• .. / ~ / / /./' Cih ,,. ,,. /,?_-::::?'~-- / / INITIA noo POINT {CONTRAr:l OR"$SllHM!T IAI ) WORKI NG PLA"!~Ol<~I '-CONTAAClOR SUBMllTM. (VE RIFY OE PTtt ANO THICKNFSS RY MUI TI·PURPOSE BOR EliOI.ESJ , ,:k />~::_),,::cf'"' I , ... ANTIC IPATl;O r:>ERCHEO CROUNOWATE R lEVl:L {VARIES SEASONAi.LY) I -'v -i ·--· -:Z -· _J ..•• -------,,. .• / / • ~ i (· • R400MINIMUM "' t ·~ -i'--~::: .,::::- ' -~ \ / -... ~,; ....._._.;,,,,,. ',, '-\:9 GYRO POINl • / (CONTRACTOR'S SUBMITTAL ) 11 I / "'-T~~;~~:~:~l~~~~E AIHICll-'IHEO ENO i:IQr,IING 150FTBG S. 1~0ff llilJUU',i<,; i,>UHl-'OStJ ORILL 1.IIN 10 FT BEYOND THE 80lTOM OF BAf.AI. FNLURE SURFACE U!Nl)FM UIR~C:l l()N Of ~IHI) (;~OI ()(;lf;I [ I I I I I TM,s do awing has not 006!\ l,'.Jl>l,st,..d 00! ratlM has O.Wn prep,;,,ed b) Gec,.Log.: As..oc,a \L.,., Inc ro, use bv ~ltt CM:,11 11am,.'<I in th1' t1tk! block, :wklly In res.oo<:t of !ht: con~~UCIIOrl cz: ope,at,or,. and matn1eoance ol mu !acir.y named"" lflll We tllock. Geo>t.og,cA~atc1 inc. !iohall not t:<1 llabla ror ttlQ us.: or tll<S dtav,,ng 0,1 ~ny ott·,o, t.:1<;ilrtyor Tc, any-purpose ~ • 1 I OA,eomsu, "''"'" T-' D'T ~ 0 WrJ• r.ATl'WAY N"-1 [\ ~ l OESIGNEOBY AWII MV ~ 5 DR,wm av CM & r~o ! . C>CC,CO 0,. SW <,>"· 811 IIYFIFIIJGFOI0(>1f;l TYPICAL E-1 HYDRAUGER DIRECTION A L @ ~~o'?~M~9ic 3150 Bm;Iol Street Suit& 210 , Costa Mesa. Cali!om,a 92626 geo.1og1c.c:om l 714 .465.824 0 / _,,.::, ..... • "' ' SUBMERSIBLE PUMP g~~~~~~'g'J SUBMITTAL E-1 NOTES NOTTO SCALE 1.. CONTRACTOR TO EXCAVATE SUMP TO CONTAI N DRILL IN G FLU IDS ANO CUTTINGS. CONTRACTOR TO CONSTRUCT WORti::!NG PLATFORM TO ACCOM MODATE DRILUNG OPERATION. DIMENSIONS TO BE DETERMINED BY DRILLlNC. CO NTRACTOR, WATER USEO fOR DRlltlNG AND DEVELOPED FROM TH E DRILL SHALL BE DISPOS ED OF BY THE CONTRACTOR WITHOUT DAMAG E TO THE PROJECTOR THE ENVIRONMENT 2. ANGLE OF ATTACti:: FOR THE HYDRAUGER IS PER PLAN SHEET 7 PER THE ENGINEER. THE DEPTH AND LENGTH OF THE CONDUCTOR CASING IS TO SE DETERMINED BEFOR E THE START Of DRILLING OPERATIONS TO WITHSTAND 2 TIMES THE MAXIMUM ANTICIPATED HYDROSTATIC PRESSURE. THE BOREHOLE FOR THE CONDUCTOR C.MING SHAll SE A M INI MUM OF 12-I NCHES IN DIAMETER. THE CONDUCTOR CASING SHALL CONSIST OF 8-INCH DIAME TE R, SCHEDULE 40, LOW CARBON STEEL CONTRACTOR TO ENSURE THAT THE PflOFI LE AND DIRECTION OF THE HYDRAUG ER CO NFORMS TO THE DESIGN ON SHEET 1. 5. VWP: VIBRATING WIRE PIEZOMETER 6. DETAILED HYDRAUG ER CONTRACTOR SU BM ITT Al IS REQUIRED FOR EOR APPROVAL . RELEASED FOR CONSTRUCTION ~ CITY OF RANCHO PALOS VERDES THE CITY OF PORTUGUESE BEND LANDSLIDE RANCHO PALOS VERDES MITIGATION -EMERGENCY ACTION LOS ANGELES COUNTY, CA 3W-<l0 HAW fHORNI;;. BLVD. RANCHO PALOS VERDES.CA 90275 DRAWING NO. 9 PROJECT NO . S023.1202 1--lUAPORARV S.URFACE CQl.lPLETION ICONTRACTOR"S SUBMITTAL! --¥ --- TOTM. DEPTii TO 8€ ESTABLISHED BY FIELD PERSONNEL ASSUME 1~FTFORB!DOING O! k.ci-., UJ 1--¥---- r (MIN) SONJC SORING Tr11s <11aw"111 has no! bt,f,O w~1~ht1<1 l)ut rail~ /la~ Dtlt.·n ~/f:P.,,(!o(! by ~og,c Auoaat~>;;. Inc tor use by~ ... dH.sU nani;.'d ,n the r,u., bloc!<. ,i.glely •• <U~P<!Ct of lhu ton~truct,cu 0p<>1al!Ofl, and ma,ln!enanco Ill !IMI rao1,w ""'1\tld"' tno, l"te -.. G<.'0-1.o\11<: A~i.olu5 Inc sr,i,U oot c,.o J!,,bla !Of tt,e uu OI lluS <11aw,"ll °''""'Yother laoLty or lO< ~ny otrier 11-'l'l)OII<: T 811 --\-... - \_ 1'NTICIPATED PERCHED CROIJNOWATER LEVEL {VARIESSE.\SONALLV) ' ' "I-IORIZONAL • 1-1vDRAUGER (2% SLOPE) TYPIC A L HYDRAUGER ~ HORIZONTAL w NOTTO SCALE ~~oC?~.~~gic 3150 Bnslol Street Su ilfl 210. Costa Mesa. California 92626 geo-logic.coml714.465.8240 /-DRIL L RIG I •... / ~ / /-CONIHACIOHSUliMl!l"'-1. ~ / . / I I --~ ~ l·_ / < L. WORKING PLATFOfUA ______ / NOTES -CONTRACTOR TO EXCAVATED SUMP TO CO NTAIN DRILLING FLUIOS AND CU TTING. -- DIMENSIONS TO BE DETERM INED SY ORILllNG CONTRACTOR. WATER USED FOR OklLLING ANO DEVELOPED FROM THE DRILL SHAU BE DISPOSED OF BY THE CONTRACTOR WITHOUT DAMAGE TO THE PROJECT OR THE ENVIRONMENT, 2. SUBCONTRACTOR 10 EXCAVATE AT SlOPE FACE, IF NECESSARY, ANO CONSTRUCT WORKING PLATFORM TO ACCOMMODATE DRILLING OPERATION. 3. ANGLE OF ATTACK FOR THE HYDRAUGER IS PER PLAN SHEETS 8 ANO 9 PER THE ENGINEER. THE DEPTH AND LCNGTH OF THE CONDUCTOR CASING IS TO BE DETERMINED BEFORE THE START OF DRILLING OPERATIONS TO WITHSTAND 2 TIMES THE MAXIMUM ANTICIPATED HYDROSTATIC PRESSURE. 4 THE BOREHOLE FOR THE CONDUCTOR CASING SHALL BE A MINIMUM OF 12-INC HES IN DIAMETER . THE CONDUCTOR CASING SHAU CONS IST OF 8-INCH DIAMETER, SCHEDULE 40, LOW CARBON STEEL. 5. CONTRACTOR TO ENSURE THAT THE PRO FILE AND DIRECTION OF THE HYDRAUGER CONFORMS TO THE DESIGN ON SHEETS 8 AND 9. 6. DETAILED HYDRAUGER CONTRACTOR SUBMITTAl IS REQU IRED FOR EOR APPROVAL. RELEASED FOR CONSTRUCTION ~ TH E CITY OF RANCHO PALOS VERDES 30!,,ll! HAWTHOf-lNE 8LVO AANCHO PALOS VEROES.CA !t0l75 CITY OF RANCHO PALOS VERDES DRAWING NO. 10 PORTUGUESE BEND LANDSLIDE MITIGATION -EMERGENCY ACTION LOS ANGELES COUNTY CA ~k.-t"'\-7 PROJECT NO . HYDRAUGER DETAILS -\ORt~ltll JI S023.1202 EXISl ING GHOUND SUKFACI:: // _/ \ \ _.,,.,,,,-'\ ,,,..,,. 0.5Fr. TI'!AF FIC RATfO V"l.ll TOR SURFACE C~ ETK>t l ~ (C OtllRACT OR S USMt! l A1) E-1 .,,,,---✓-/· ✓-05FT / ___ .,, NOTTO SCALE ./'_,,,,-····"/ / / .,.,,...✓• / 4-IN OIA.. SCKEOULE •O BlA),IK PVC CASING -, ,__, . • ----✓ \ W"l.l THICKtlESS~TEEL :, --.. ------•• ----· --~-><· ..--------..,---',, ... ,, Tl1<~ <.lrawmo has '1Q1 t>,;,,n pvbl,stot,d "'-II ,.,uier nas t>t,en ~"•f"IIL"<;I Dy G.l<rl oOK: A)11oci,11L,,;, In<: fo, uoo b1 u.., c1 ... ~u n:ml&ll m the Ml<! bloci<. ~/yin rusP<ICI ol ttkl coost,uc:1>011 <.>p<lra\1011, OJ1d rt\,'lrnlenancr, Of !tie ladl,ty N1n1<ld In 1~ .. t!Ue Cl,IOci,;, Guo-Log,c A~:!,<.>C;a!OS Inc :,,h~D 001 t>,: ilabla fc,, lhtl Ul«I ol II•~ u,,,'"'11\g QI\ any Clhl'I !ao My 0, !or any Olh«• pU!l)OM! w 811 1 JIN DIA.SCHEDULE 40?\ICWATERLINE rlf.fp/J " CE MENTGROUT SURFACE COMPLETION ANO SHEARING OFF PREVENTION MEASURES FOR DIRECTIONAL HVDRAUGERS /3 \ ~~.'?~.~~9ic 3150 Bnslol Streel Su11,; 210. Cosla P..'lesa. Califon,1:i 92626 gco-1og1c.com]714465.8240 ~\ ,-,-t,.. NOTES FLEXlet.E CONNECTOR. TO 015Cl-iAROE MANIFOLO \\,_ \\~ I /"l \~ ~· ~fEL CASING i◊BE CONTINUOUSLY WELDED TO TOTAL LENGTH OF 80 FT. 2 ltNGIH Of SIEEL CASING MAY~I:: AUJUSlEU Ul"ONCOMPLErtON Ot-GEOLOGICAL INVESTIGATION {U P TO 100 FT ). 3. DIAMETER OF STEEL CASING MAY BE INCREASED TO 20 IN. UPON COMPLETION Of GEOLOGICAL INVESTIGATION . 4 4-IN. DIA. SCHEDULE 40 SLOTTED PVC CASING MAY BE REPLACED WITH HOPE CASI NG. RELEASED FOR CONSTRUCTION ~ THE CITY OF RANCHO PALOS VERD ES 30!l4Lo HAWTHORNE BLVO. RANCHO PAL.OS VERDES.CA &0.175 CITY OF RANCHO PALOS VERDES PORTUGUESE BENO LANDSLIDE MITIGATION -EMERGENCY ACTION LOS ANGELES COUNTY . CA DRAWING NO. 11 I ,.... A A--1 PROJECT NO. DIRECTIONAL DRAIN PROT SO23.1202 / / / / MCAOWAlL ---\----/ -r·- ~-_( _ _!._ __ _ ~- 1G-IN DIA 10.J75-IJ\I WAll I _ 4~~~-AD~: ~~l~~~l~G r· THICKNESS STEEL CASING I " -'""'·"" ""' tllllUIIIIIJIIIJIIHIHJIHU/IUIIIIIIIIIIUIIIJIIIIIIJIIIJll!IIJJIIJIIIIIIUIJHIJIIU IU IUHI ----- ~a-~~L . , ,· rr. , , / ry-,-,-,-',,-, . ~ ,-, , n ;r, -,--,---•. // 0~/4tZ2 ~/ - f, -------,' / / / /,, // / /,-~/L<-;L.Lc._.'--''---''-'-'-'-'--'--L-'--LLL,_,_L.-'--'t~~--'-''-'--'--'-'-<-L-4L.L.L.L.L,-<-.'--'-'--''-'-'----,--L.~, --~?,01[0 ;_J ~/ .,.,_~'""'~'-""""""'-'I " ~ --. , . --· \, \ Th,s 111:,wu,g has rlOT 06<,n µ,.,1,t,.t1t><1 tl<J! raUll!r has Mo pr~p.,,C!d ~~ Gito-logic A~:.oa..le;;, Inc lo, ui;oi by U1,; ci,,:"t !1301(.'d on thtt t,U;., bloc,;. >,OJ~y iii ,,;SPtlct at Ille c;on~Uuc\>Clu Q1>,11.1tion, i,nd maontel'l.lnce ()I tne taol1ty MnlQd., !he l<ll,; Qlock . Goo-Log,c A~~U>• Inc ,;,,.u oot be liabi6 fo, th<t "'"" ol Uu~ lllav.,r,g oo any othe< racM; O< tar any Olher ll~IPD"<' T- 811 \_ CEMl::NT GROUT E-2 1 NOTTO SCALE SURFACE COMPLETION AND MEASURES AGAINST SHEARING OFF FOR HORIZONTAL HYDRAUGERS ~~o'?~.~~gic 3150 Bnstol Streei Sun.-. 210. Costa Mesa. CalllomIa 92626 geo-log,ccom l71-l.465.S240 .-FLEXIBI.E CONNECTOR ----·-··J • •• •. \ TO DISCHARGE MANIF0\.0 NOTES INCLI NE DRAINS AT 2"/4 TO HORIZONTAL (MIN./. 2. STEEL CASING TO BE CONTINUOUSLY WEL DED TO 80 FT. 3 LE NG'IH Of SlEEL CASING MAY ae AOJUSTED UPON COMPLETION OF GEOLOGICAL INVESTIGATION (UP TO 100 FT). 4 DIAMETER OF STEEL CASING MAY BE INCREASED TO 20 IN . UPON COMPLETION OF GEOLOGICAL JNVESTIGATJON. 5. 4-IN. DIA. SCHEDULE 40 SLOTTED PVC CASING MAY BE REPLACED WITH HOPE CASING. RELEASED FOR CONSTRUCTION ~ THE CITY OF RANCHO PALOS VERDESI ~O HAWfHOl-lNE &.VO RANCHO ?Al.OS VERDES.CA 90l75 CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION -EMERGENCY ACTION LOS ANGELES COUNTY, CA HORIZONTAL DRAIN PROT DRAWING NO. 12 PROJECT NO. SO2J.1202 GROUND SURFACE FILULANDSLIDE PORTUGUESE TUFF MONTEREY FORMATION --i MIN. 8" / STEEL MONUMENT ,--PIEZOMETER WIR E TO DATALOGGER ' ' V • ,,,-VIBRATING WIRE PIEZOMETER WITH PVC MOUNTING PIPE GROUTED BOREHOLE ,,./-· REAMED TO MINIMUM 5" DIAMETER TOTAL DEPTH VARIABLE FEET SLOPE INCLINOMETER CASING GROUND SURFACE FILL/LANDSLIDE ' ' ' ', PORTUGUESE TUFF ' ,-VIBRATING WIRE PIEZOMETER WITH PVC MOUNTING PIPE MONTEREY FORMATION ~ TYPE 1 DUAL BOREHOLE ffi NOTTO SCALE Thos <Jiaw,ng ha~ llOI tM,,;n ?"Jbl•\J>(,(j U\.11 , .. u..., 11.!~ 0000 p,~<)(J by Goo-lc,g,c /u.soo.ak!S. 11\C fo, Uie b)' u ... c:llclll ,-..mlCd <ft tho! lolkl blocl<. »id~ 11 r(l~p,j!C1 ot tile COl'ISUUCIIC<> OiM,.'faUon.and mainlt'lwnceoltllol tac;,j~yna,,!Od intnetlllo~ G<Jo.Log,~A~H Inc SN>II nol IN! li.1bleto, 1hcu,wol tt~"";.,,;,ng on anyOV,er l~ololy orlo< ""lom.,,P"'l'06<l w:--""' I -I T 811 ~!.C?~.~~9ic 3150 Bns1CN Slr&et Sulle 210. Cosla ... 'lfo-sa. Calilorni:i 92626 goo-tog1c .eomj714465.8240 --1 MIN. 8" I ,,,,/ STEEL MONUMENT -;;:r-PIEZOMETER WIRE TO DATALOGGER VIBRATING WIRE PIEZOMETER WITH PVC MOUNTING PIPE , ,·-GROUTED BOREHOLE / REAMED TO MINIMUM 5" DIAMETER TOTAL DEPTH VARIABLE FEET ,,--VIBRATING WIRE PIEZOMETER WITH PVC MOUNTING PIPE SAMPLE VIBRATING WIRE PIEZOMETER OPTIONS (CONTRACTOR SUBMITTAL REQUIRED) (CONTRACTOR SUBMITTALS) "GYROPOINT~ SUBMITTAL ON GUIDANCE SYSTEM VAULT COVER TO HOLD VWP DATALQG_G_E;.F_S (ONE PER VWP ) [- NOTES NOTE ON GROUNDWATER SAMPLING ANO TESTING: TO BE PERFORME D BY THIRD PARTY (NINYO AND MOORE) 2. FOR LOCATION SEE DRAWINGS 4-8 RELEASED FOR CONSTRUCTION ~ THE CITY OF RANCHO PALOS V ERDES 30!,,ill,I HAWTHOHNE 8LVO RANCHO PALOS VERDES.CA !7,0275 CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION· EMERGENCY ACTION LOS ANGELES COUNTY. CA DRAWING NO. 13 ~ A ,.. I PROJECTNO. HYDRAUGER DETAILS -INSfRUMJitl S023.1202 4" FIPT W /CHECK VALVE I ·01 ~=. B~ I Motor Info : 5.Shp , 0 . KW 4 , HZ 60, 3ph . -· -460v. A 8.6 . SFA 9.9. RPM 3470 . Flg.A MAT ERIALS OF CONSTRUCTION DES IRED CORD LENGTH DESIR ED MALE PLUG ''° '° ~120 ~ 100 g itO " OU 40 lO .,.,.,,.,,_......,,___.1-,..1. .......... _ >iF,-:u.•i..s·,., :,0-,IU-'i>O':iA"l:ll••CIO U•J,h. Cl➔(PWG~,;-·.iu, 10.u,i,ccs ...i-c ~• ,~.•.>,.,1 L',\0,IO:,.;,eisn"EC'<l:0 ., :COJ ~• fl)lll ......... -:0(.JQ', :.r;;J,,,,,2. N/A N/A NOTTO SCALE PUMP CURVE GALLONS l'Ek MINUTE V-Power Equipment 4'201 Wes.I Copitol Ave. WE-s1 Socranl€:!nt o, CA 95691 u~ .-TIILE ... r., 150 GPM 5.SHP 3PH 460V A Sil[ PA R-t,.O l?FV A TP 5543-150-3 SCAIE 1·9 SHFFT I OF I TtltE <l<Dwi1ig haS r><,t OHn pobl,W_ t>J1 ra~, .. ,-r na~ bee n ~,ep;,rl>(l by Gi><rloOIC A,:,oc,;_u.,.._ Ir><: /01 usu by u,e cilent nan,cd In lh<t t,lle bloc.I<. $0iely In ,.,.~IQ! ti"-' CQ11~1,.ic1,cn opetalcoo , and ,,,.o,-ueoan<.e 01 me 1aot~y N1mcd ,n me trlle l>IOd,., Gt!o-Log,c A~=:iiu, Ir><: st,(>11 riot be! ltlhlll tor 11111 us.. cl ttus o,a,.,ng oo any cllw !aoMy c-r tor My otht!t purpot.t, T 811 ~~!tA~~9ic 3150 Bm:tol Stroot SL11te 210. Co$la Mes.a. California 92626 geo-log1cooml714 .465.8240 2 FIPT DISCHARGE W/ CHECK VALVE IT ~L Di S<hare,ee~ad Checi<.V.ilvt:Cone g)_3,90"j Motor Info : 5.5hp , KW 4, HZ 60 , 3ph. 460v. A 8.6, SFA 9.9 , RPM 3470. ~nle~~St'!!!_ St.iinle~~Steel ~ 301 ~::,~~~i::~t.ining R,ng I ~$ ~:~~:1::~~natc I -~- O.ffoscr Glas~ Filled Polv<:.1rbona1c Sowl Stainles~Steel 304 Im~_ NO!)'.I St raim:r S1~inlt~\ Steel 304 PumpSh11ft/Co11plini; S1a,11l e~sS1eel 304 iSh.lfl Sleev e St.1inle~~ Sie_el or No_,:y_l 304 Pum_£Ul!.in1t CableGu;ird ~ t.ean11~1tler .g!linllmSteel St.lln~el "" Poly3Cetal "" 301 DESIRED CORD LENGTH DESIRED MALE PLUG 300 2SO ~ 200 g lSO ~ 100 50 ;)M ......... ,._,..:,1·· ·'~<>. ,..,. ""~-, .. ~ .. ,, .Jf,,t..., Nl-~•· "-1' :,,,. Ulli!.l.·'.f.,;"11;,t,i,}?t<;t .i;, :,:,u ~,. ,,:a~i---.s .)l.::>,1~ ,,1,...,,s~·,,(...,~1 >·f•.C'(C ...... ~ ,.i.¢..l ,_.,, :U"° ...,.A S .:..::,_,~ l\role->•,:-· N/A N/A 3 42 " PUMP CURVE 74 79 ,o 100 121 V-P ower Eq uipment 4201 West Capilol Ave. Wes! Socromento. CA 95691 u.-.11 IIT LE '~" 80GPM 5.SHP 3PH 460V SIZ E PART NO REV A TP5534 -80-50-09 SCAL E 1:9 SHEET 1 OF 1 NOTTO SCALE NOTES 1. P UMPS WILL BE SIZED UPON cm.1PLETic:iNQFTESf86RING AN D MONITORING PROGRAMS. 2. CONTRACTOR'S SUBMI TTAL WILL BE REQUIRED . 3 PUMPIN G IS REQUIRED ONLY WITHIN THE E-1 HYDRAUGER SYSTE M C RELEASED FOR CONSTRUCTION RANCHO PA LO S VERDES CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION -EMERGENCY ACTION ---,.,. ________ ,. • • -n DRAWING NO. 14 ~ THE CITY OF ».i,JIJ HAWfHORNE e!LVll HYORAUGER DETAILS . E-1 SU PRO JEC T NO . I RANCHO PALOS VEA.OES.CA 00275 Al TERNATIVE S023.1202 ~·· ~ ,r~ :-·7 ~ ~e- ~ .. --.~ I ··-· -\ ~ ,' i"''"'' 119!2' .~• ~ -- SAMPL E ELECTRICAL PUMP CONNECTED TO GROUNDWATER STORA_G E JANK Thi,; d,aw!ng has ,101 been l'OJll!l!ihfid t1u1 ,au,.,, 1\/1>-butln pu,IJ,>ll!ll b~ Gel,.L09'C Asao<:lalo,;. lr>e fo, use b) U"' ciH:1 1t na,,1<,'<J in 11111 t.U,: bloci<_ :loiel~ 11 1,:sl)<lctQ! m,: CQn~l11.-:;t,c,1 op11rat,on. and n.,;,,ic,ianuol tne laciilty named on rno btk! ~-Geo-l."9,c A~:.«aatol Inc. :,/>all not b<! li.ltMI for lhu """ ct lhu, drawlfl\l oo ooy other !aGllll,; Of !or any Ollldf pu!J)O&t! w 811 SAMPLE BAKER TANK FOR SEDIMENT REMOVAL SAM PLE PQRTA.B LE MllD PIT ~~.'?~.~~9ic 3150 Bns1oJ Street Suite 210, Costa Mesa. Ca l1fomi.:1 92626 geo-l091c.coml 714.465.8240 1~1' 4' e.,.l.ktw~~ H tt,ng,~ 1-1 :; ~ W "f e; 1 ~ I I ~ ~ I J_~. 4 "~·,.c-~• 71 - GROUNDWATER STORAGE TANK co NOTTO SCALE NOTES i:-CONTRACTOR SUBMITTAlS REQUIRED FOR ALL ITEMS SHOWN ON THIS SHEEl. 2. BUY AMERICA RELEASED FOR CONSTRUCTION ~ THE CITY OF RANCHO PALOS VERDES ;J,()9,,:IJ l-tAWTHORNE.l:ILVO RANCHO PALOS VE ROES.CA 00275 CITY OF RANCHO PALOS VERDES PORTUGUESE BEND LANDSLIDE MITIGATION -EMERGENCY ACTION LOS ANGELES COUNTY, CA DRAWING NO. 15 >-----------~ A ,-I PROJEC T NO. HYORAUGER DETAILS -DRILLING & SO23.1202 Subject: FW: Late Correspondence Landslide Emergency Staff Report (2 of 2) Attachments: Attachment B-Updated Geologist Report and Maps.pdf; Attachment D-Emergency Hydraugers PSA w Geologic.pdf; Attachment E-Emergency Hydraugers PSA w Hout.pdf; Attachment F-Emergency Hydraugers PSA w Hansen.pdf; Attachment H Letter to Rolling Hills.pdf From: Ramzi Awwad <rawwad@rpvca.gov> Sent: Monday, May 6, 2024 6:01 PM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Teresa Takaoka <TeriT@rpvca.gill[> Subject: Late Correspondence Landslide Emergency Staff Report (2 of 2) Honorable Mayor and Councilmembers, In this email are the following attachments: • Attachment B-Updated Geologist Report and Maps • Attachment D-Emergency Hydraugers PSA w/Geologic • Attachment E-Emergency Hydraugers PSA w/Hout • Attachment F-Emergency Hydraugers PSA w/Hansen • Attachment H-Letter to Rolling Hills Tomorrow morning you will receive the final attachment, the construction contract with Malcolm for the emergency hydrauger installation, as we are obtaining signatures this evening. Please let me know if you have any questions or concerns. Sincerely, RamziAwwad Director of Public Works rnwwad@rp)lea.gmt Phone -(31 O) 544-5275 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpv.c.a.go_y r I illis E,-rnail niess,.KJe contains information belonqinq to \he City of Rancho l'atos Verdes, which may be privileqed, confidentia!, and/or prot2ctet1 from disclosure. The infonnation is intended only for use of the individual or entity narned. Unauthorized dissemination, distribution, or is strictly prohiliitecl. H you received this ernai! in c>rror, m are not an intended recipient, please notify the ,;ender ".,.""'"'1;;,rp111 you for your assistance and cooperation. 1 ~ COTTON, SHIRES AND ASSOCIATES, INC. ..-.; CONSUL T ING ENGINEERS AND GEOLOG ISTS CSA Project No. SC6163 TO: CC: FROM: RE: DATE: MEMORANDUM Ara Mihranian, City Manager Ramzi Awwad, Public Works Director Elena Gerli, City Attorney Cory Linder, Director of Recreation and Parks Katie Lozano, Open Space Manager Michael Phipps, CEG 1832, Contract City Geologist Update on Land Movement Conditions Within the Greater Portuguese Bend Landslide Complex, Rancho Palos Verdes April 26, 2024 The following information was prepared in response to the City's request for an update on current land movement conditions, observations, and our activities over the past six weeks within the Greater Portuguese Bend Landslide Complex (Landslide Complex). The Landslide Complex encompasses four historically active landslide areas : the Portuguese Bend Landslide (PBL), the Abalone Cove Landslide (ACL), the Klondike Canyon Landslide (KCL), and the Beach Club Landslide (BCL). However, it also includes areas outside of the historical boundaries of those known landslides, predominantly uphill from the Portuguese Bend and Abalone Cove landslides, within the Ancient Portuguese Bend Landslide Complex as mapped by various agencies (i.e., U.S. Geological Survey, California Geolo gica l Survey) and other researchers. Activities: Since our presentation to the City Council on March 19, 2024, CSA staff have conducted the following activities: • Performed field mapping throughout the Landslide Complex, including areas within the Portuguese Bend, Filiorum, Forrestal, and Abalone Cove Reserves, and the Glass Parcel; • Participated in the weekly meeting of the RPV Landslide Complex Working Group; • Provided additional input to OSM staff and the PVPLC re lated to annual fuel modification, non- native brush removal and habitat restoration projects; • Analyzed GPS monitoring data and recommended installation of new monitoring points; • Compiled and reviewed rainfall data; • Presented information regarding the landslide at the April 17, 2024 Town Hall Meeting; • Peer reviewed the proposed El/E2 hydrauger emergency measures, including online (Teams) meetings on April 11, 16 and 18 to convey preliminary comments; • Participated in twice-weekly status meeting regarding the proposed emergency measures; • Peer review of the proposed KCLAD 5-step plan (in progress) SC6163 1 B-1 Rainfall: Rainfall and the resulting runoff and infiltration into the Landslide Complex continues to adversely affect the landslide area, following a significantly wetter than average (193%) rainy season in 2022-23. The second wettest February (11.22 inches) in the 67-year history of the Rolling Hills Fire Station rain gauge was recorded, after which rainfall amounts moderated in the latter half of March and through April to date, with 3.28 inches of rain falling since March 15, 2024. The current season rainfall total is 23.01 inches, about 169% of the season average over the past 67 years (LACDPW Gauge 1011 B at Rolling Hills Fire Station 56). Land Movement Data: CSA's January 29, 2024 update memorandum noted that average land movement velocities within the Landslide Complex from October 10, 2023 to January 13, 2024 had acce/emted by a factor of 3x to 4x compared to the previous 12-m.onth (Oct 2022-Oct 2023) monitoring period. Our March 15, 2024 update memorandum noted that land movement velocities within the Landslide Complex had then accelerated an additional 1.3x to 2.2x through early March, compared to the movement velocities in the October 2023-January 2024 timeframe. This acceleration was noted to be greatest in the ACL (2.2x) and areas upslope of it in the Ancient Portuguese Bend Landslide (2.1x). The lowest acceleration (1.3x) was for points in the KCL. Preliminary CPS survey data prepared by McGee Surveying Consulting, covering the period March 8, 2024 to April 17, 2024, were recently reviewed and analyzed. Across the entire landslide complex, average land movement velocity has accelerated an additional 76(¾.i (1.76x) above the January-March 2024 velocity. Recent land movement rates are approximately 6 to 9 inches per week in the ACL, 5 to 9 inches per week in the PBL, and 1 to 4 inches per week in the KCL. The middle of the overall Landslide Complex is moving the fastest at >9 inches per week. This information is shown graphically on the attached Figure 1--GPS Monitoring Displacement Rate Contour Map. To provide a broader perspective timewise, average land movement velocities have increased 95x, 31x and 41x over November 2019 measurements, for the ACL, PBL and KCL, respectively. The entire active landslide complex (area of major land movement now evident at the ground surface) has expanded from 380 acres to 675 acres. This movement continues to manifest at the ground surface in the form of landslide scarps, fissures, grabens/sinkholes, tensional cracking, shear zones and thrust features. Due to the continued acceleration, the ground movement features have continued to enlarge, expand, widen, or grow depending on the type of feature and location. Incremental horizontal displacements with land movement vectors from October 2022 through April 17, 2024 are shown on the attached Figure 2-GPS Monitoring Displacement Map. Field Observations: Road conditions on Palos Verdes Drive South (PVDS) across the lower landslide complex continue to be adversely impacted due to differential rates of land movement currently ranging from about 5 to 8 inches per week. More surface expression of land movement is also evident but is still slowly developing along the eastern margin of the KCL on Exultant Drive, Admirable Drive, the PVDS frontage street, and the Dauntless Drive/ Admirable Drive intersection in the Seaview neighborhood. We have observed rapidly deteriorating conditions on private roads, most notably Narcissa Drive, Cinnamon Lane, and Vanderlip Road which have been impacted by major fissures and formation of grabens, and Seawall Drive in the Portuguese Bend Beach Club which is being deformed by bulging/uplifting ground at the toe of the KCL. The beach area of the Portuguese Bend Beach Club appears to be undergoing significant uplift across a broad area. Beach School Trail (Road) continues to undergo deformation in the lower ACL area but remains passable to the Portuguese Bend Nursery School and L.A. County lifeguard station due to ongoing maintenance efforts. Movement of the SC6163 2 B-2 Landslide Complex overriding Portuguese Point south of PVDS has toppled a portion of the rock retaining wall adjacent to Olmsted Trail and is affecting authorized users of Olmsted Trail access to Abalone Cove. In summary, our findings continue to be that the PBL, ACL, KCL, and a large portion of the Ancient Portuguese Bend Landslide Complex above the historically mapped PBL, ACL and KCL boundaries is involved in significant active landslide movement moving at unprecedented rates, predominantly in response to two consecutive seasons of significantly above average rainfall. The land movement continues to adversely impact trails and open space areas, public and private roads, private property including hundreds of residences, and utility infrastructure. -o- Attachments: Figure 1--GPS Monitoring Displacement Rate Contour Map Figure 2-GPS Monitoring Displacement Map SC6163 3 8-3 EXPLANATION ABALONE COVE Limits of the Ancient Portuguese Bend Landslide Complex --Limits of Historically Mapped Landslides 2023/2024 Landslide Mapping .....,,,,, Current Limits of Major Landsl ide Movement (March 2024) GPS Monument ~ Displacement Rate (March 8, 2024 to April 17, 2024) Displacement Vector Scale 1 "= 8"/week M.nn,um RIN r.i.w,.....,11Rios.. (ncM,,,.~•'-) 1~1 o.oo 100 NOTES ROXIMATE BOUNDARY OF .._________,o-i ~- INSP1RAOON PO<NT l \Octo1>t,r 10. 202:IGPS morlllof1,,._ ant.o ..,,.,,ur,av~!o, monwT1Cnts A821.CRS,i, CW05. CWOO. KC 19 KC20, KC21 . KCZ2. KC23. KC24. P872. P87J. PS74, P875 and RPO! 21.!anca,y 1:.. 202~ GPS rn<n~ a.,u, was uoavildaOIG to< monu,ne-n1:1 A820 ;n:1 nos 31 Marci> 8. 2024 cPS fT'>Ofll!O""CI ti.Ila w;is unavml.illkl for monume,,1.5, AB01 , A804 , AB05, A820, AD24 A85J AMJ, A.866, CR5I CW0S, CW06. FTOO, FT08, FT~. KC05, KC 1J, KC14. l<C 16. KC \8 KC HI, KC21, PBOO. PB07,PB09.P81 2.PEl20 ,PB21.PB27,PS2 0,P854,PB5!1,PB68,P87•1.m1<1UE:IC2 •I\ A.pt~ 1/, 2024 GPS m(>nllo11,1g u..t:, wM una.;1>labl,, 1111 mo,""11<.'<ll.s ABO\, A.BO:!, ABOS, AB..0. A.1:I24, ~. AflGJ , ASGG . CRS1, CW(l5 CV,,'O,;, FlOC. FfOB. flO!l, KC05. KC.13. KCl~. KC16 . KCI8. KC19, KC11 , PB0G PB07 PS09,P812,PH20,l-'811 P927.P819.P854.f'S!.9,PS68.F87.:."'>d lJ801 KC18eslom.:ll..-l ~ Co-nO!\", SIIIRES ANDAsSOCIATES, INC ,-..= CO:-'SUL Tl 1'G CNGINCCII.S A,-.:O GEOLOGISTS -GP_S_MONlTtfRTN<3-0TS"PI:::A:t EME-Nr-RATE CONTOUR MAP (4117124 DATA) Abalone Cove, Portuguese Bend, Klondike Canyon RANCHO PALOS VERDES, CAllFORNIA GEo t~~G av l ~-<:~. j PR~~~~!to. DATE April 26, 2024 FIGURE NO. 1 B-4 EXPLANATION Limits of the Ancient Portuguese Bend Landsl ide Complex ---Limits of Historically Mapped Landslides __,,, 365day/ 95 days ~ SSda ys~ 40 days~ 202312024 Landslide Mapping Current Limits of Major Landslide Movement (March 2024) GPS Monument Displacement (October 10, 2022 to October 10 , 2023) Displacement Vector Scale 1"=5' GPS Monument Displacement (October 10, 2023 to January 13, 2024) Displacement Vector Scale 1 "=5' GPS Monument Displacement (January 13, 2024 to March 8, 2024) Displacement Vector Scale 1"=5' GPS Monument Displacement (Ma rch 8, 2024 to April 17, 2024) Displacement Vector Scale 1 "=5' l \_ I ROXIMATE ~~-U!4!'fRY NOTES l )Otioo,,, 70.2023 G?Sn,on,Iom,ye1ata wasu,iava,J;Jt,1t,!01 n,oou,n.,ntsAB21,CR~. CW05, CWOO, l<C19, KC20.KC21.KC22.KC23.KC24.PEl72.Pll73,P074,P875,arldRPOI 21 JDnu;:uy 13, 2024 GPS moM<.Mir.g da!~ W,lS yn.,vaol~bkl lo, monum .. nlS A020..,..., rT()ij 3/ M..,a, 8. 2024 GPS moNWnnA dalil waa ....,.~,~-.:,i,, !or morunenu; A601 , AB04. ABOS. "820. "824, A8!>3, ASG3.AB66.CR51,CWOS,CWOCi FTOC,, FTQil, FT09, KC05.KCl3, KC l 4 KC16,KC\8, KCl9, KOi. PBO&, P801 , PB09. P912. P920, PB21. P827, P929, P954, PB~. P961!, PB74 , 11na U902, ~JA.r.nl 17, 2024 GPS fnOltltnlll'!J d,'113 was unavaolabk, 1or--r.t,; AB01, "802, ABOS, Afi20, "824 AA~3 A863, AB66. CR~1 CWCY.,,CW06. Fl'OO ►7'08 F'I09, KC05. KC13 KC14, KC16. KC1t KC19 KC?1 ,P606 P007, POO!,, PfJ12. P820, PB.21 PS27. PB29. P854, PS59, PR68. PSU, and UR02 ~CO'ITON. S111R.ES ANDAsSOCIAn:s. INC l_a.AJ:!~COSSULT!l-G 1:t,:GINEEkS,\1'D Gl:CJl.uG!STS GPS MONITORING DISPLACEMENT MAP Abalone Cove, Portuguese Bend, Klondike Canyon RANCHO PALOS VERDES. CALIFORNIA GEO~~G av ] ~!:~. PR~~~~!to. APPROVED BY DATE FIGURE NO. PCS Apri l 26, 2024 2 B-5 PROFESSIONAL SERVICES AGREEMENT By and Between ClTY OF RANCHO PALOS VERDES and GEOLOGIC ASSOCIATES, INC. E-1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND GEOLOGIC ASSOCIATES, INC. Tl!IS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on ________ , 2024 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. Consultant, fol lowing 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. B. Pursuant lo th-: City or Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article I ohhis 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 L Sl~RVICES OF CONSULT ANT 1.1 Scope of Services. In compliance with all terms and conditions ofthis 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 or its ability, experience and talent, perform all services described herein. Consultant covenants that it 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 !irst-class firms performing similar work under similar circumstances. E-2 l.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 fmth herein. In lhe event of any inconsistency between the terms of such Proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with L:nv. Consultant shall keep itself' in Cormed concerning, and shall render all services hereundt:r 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 I 720 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 l 8 l 0 el seq., and all other applicable laws, including the following requirements: (a) Publjc Work. The Pa1tics acknowledge that some or all or the work to be performed under this Agreement is a "public work" as defined in Labor Code Section l 720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter I (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Depaitment 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 Wµ__g_,~. 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 Agn::ement, Consultant acknowledges receipt of a copy ot'the DIR detenn ination 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. (c) Pcnaltv l'(.ir Failure to Pav Prevailing \:Vatres. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and I 775 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. E-3 (d) Payroll Rei.:ords. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor lo: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section l 776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (c) /\pprenlices. 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 apprenticeablc 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 subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) l:ight-1 four \Vork 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 18 l 0. (g) Penalties l<Jrl:xccss Jlours. Consultant shall comply with and be bound by the provisions or Labor Code Section l 813 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 or the provisions of Division 2, Part 7, Chapter I, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees or 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 l 1/2 ( one and one half) times the basic rate of pay. (h) \.Vorkers· CornpcnsatLQ!.!, 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. f n accordance with the prov is ions of California Labor Code Section 186 L Consultant certifies as follows: "[ am aware of the provisions of Section 3700 or the Labor Code which require eve1·y employer to he insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and f will comply with such provisions before commencing the performance or the work of th is contract." (i) Consultant's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such E-4 subcontractor's compliance with Division 2, Part 7, Chapter I (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 adions 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 rccti fy any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense suc.:h licenses, permits and approvals as may be required by law lor 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 intt:rest, which may be imposed by law and arise from or arc 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. Ry 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 arc received from the Contract Officer in the form ofa Change Order. l.7 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the 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 services by City, except such losses or damages as may be caused by City's own negligence. 1.8 Further Responsibilities of Parties. Roth 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 th is Agreement. lJn less hereafter speei ficd, neither party shat I be responsible for the service Df the other. E-5 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 deducttng 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 Agn:cment, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation or 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 tht: 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. ff in the performance or the Services, the Consultant becomes aware of material defects in the Scope or Work, duration, or span of the Services, or the Consultant becomes aware of extenuating circumstance that will or could prevent the completion of the Scrvtces, on time or on budget, the Consultant 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. l.10 Special Requirements. Additional tcrrns and conditions of' this Agreement, if' any, which arc made a part hereof are set forth in the ''Special Requirements" attached hereto as Exhibit "fr' and incorporated herein by this reference. [n the event of a conflict between the provisions of Exhibit "[f' and any other provisions 01· th is Agreement, the prov is ions of Exhibit "H" shall govern. 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 Comrcnsation" attached hereto as Exhibit "·C" and incorroratcd herein by this reference. The total compensation, tnc!uding reimbursement !'or actual expenses. shall not exceed $275,000 (Two Hundred Seventy-Five Thousand Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9. E-6 2.2 iVlcthod of Com pcnsation. (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 oCthe 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 arc 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 IO% shall be held from each payment as a contract retention to be paid as part ofthc 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 or Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component or 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-Consultant contracts. Sub-Consultant charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work perfclrmed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work perfon11ed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best ert<..Jrts 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 arc 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. E-7 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 or a written notice to proceed and shall perform all services within the time pcriod(s) established in the "Schedule of Performance" attached hereto as Fxhibit "D'..' and incorporated herein by this rcforcnce. When requested by the Consultant, extensions to the time pcriod(s) specified in the Schedule or Perrormance may be approved in writing by the Contract Officer through a Change Order, but not exceeding 60 (sixty) days cumulatively. 3.3 Force Majcurc. 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 \Vi thin l O (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 lime for perl'orming 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 O fficcr's determination shal I 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 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 effoct until completion o/'the services but not exceeding one year, except as otherwise provided in the Schedule of Perforn1ance (1-:xhibil ·t)"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. E-8 The following principals or Consultant ("Principals") arc hereby designated as being the rrincipals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith~ Gary L. Lass (Name) Neven Matasovic (Name) Chief Executive Officer ------------------------ (Title) Principal Geotechnical Engineer (Title) It is expressly understood that the experience, knowledge, capability and reputation or the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the tcnn 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 pcrfrmn 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 Lo bind City in any manner, or to incur any obligation, debt or liabi I ity 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 ConsultanL 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 David Copp, Deputy Public Works Director, 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 speci ficd in writing E-9 by the City Manager, to sign all documents on behalf of the City requin.:d hereunder to carry out the terms of th is 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 Consultant of City and shall remain al all times as to City a wholly independent Consultant 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 arc deemed approved. !n addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypotheeated or encumbered voluntarily or by operation of law, whether ror 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. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.l Insurance Coverages. Without limiting Consultant's indemnilicalion 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 fonn 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 [SO "insured contract" language will not be accepted. E-10 (b) 1\utomobik liabilitv_ insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 0 I covering bodily injury and property damage for all activities of the Consultant arising out ofor 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 profossional liability insurance that covers the Services to be performed in rnnnection 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 ol'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 ofat 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. Al I coverages for subcontractors sh al I 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 "8". General Insurance Requirements. (a) Er:m~fo!"insuran~(;'.. 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 performanct:. Current certification or insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complele, certified copies of all required insurance policies, at any time. (b) Duration or covcrm.!c. Consultant shall procure and maintain for the duration oflhis 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 subcontractors. (c) Primarv/noncontributirn!. 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 or City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. E-11 (d) UlY~EiglH~g[i,:1Jjl)1,r,:sn1fJ!l,. In the event any policy of insurance required under this Agreement docs 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) /\cccptabk 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 J\-(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. (() Waiver of subrog,alion. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed onicers, 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 subcontractors. (g) l.~n ti:Jrc.cmqH .. or ... contract. . provisions. Jnon-l:stoppcl }. Consultant acknowledges and agrees that any actual or alleged failure on the paii 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 limilirn.~. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other 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 ur cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 (thirty) Jay notice of cancellation (except for nonpayment Cor which a IO (ten) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional i11sun.:<,L;,li1m::;. 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 1.0 any excess/umbrella liability policies. E-12 (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will he in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved ofin writing. (!) ,S_c;mg:;.1tio11_of insuri,:tjs. A severability or 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 resped to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through claus1.:. Consultant agrees to ensure that its subcontractors, 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 responsibilily for ensuring that such coverage is provided in conformity with the requirements or this section. Consultant agrees that upon request. all agreements wilh Consultants. subcontractors, and others engaged in the project will be submitted to City for review. (n) /\gcncv·s right to revise specifications. The City reserves the right al 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) Sci r-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 lo comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out or or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any ofthe required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds or insurance, which in its own judgment may be necessary fi:Jr 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 hannless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or properly, 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 perrormance oi'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 indcrnnitors' E-13 reckless or willful misconduct, or arising from Consultant's or indcmnitors' negligent performance or or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will detend 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 perfixmance 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 Lherefrom; (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 lo 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 lo, legal costs and attorneys' lees. 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 or City to monitor compliance with these provisions shall not he 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 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 patt from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or will!ul 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. t 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 hy this /\grcement and enable the Contract Orticer 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 E-14 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 acknowkdges that the City is greatly con<:erned 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 or 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. /\II 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 properly 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 or 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 wilt be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shalt not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shat! 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. ~ IO 1, such dornments and materials arc hereby deemed "works made for hire" for the City. 6.4 Confidentialitv 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 infi.)tmation is in the public domain or already known to Consultant. Consultant shall not release or disclose any such E-15 information or work product to persons or entities other than Cily 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 Ofticer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to inte1Togatories or other information concerning the work perti..inned 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) Ir 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 foes, 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 or 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 al 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. 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 or the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising oul or or in relation to this Agreement shall be instituted in the Superior Coun 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 or 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. ln 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 afl:cr the date of default. Instead, the City may give notice lo Consultant or the default and lhc reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timefrarne 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 orthe out.standing invoices during the pt::riod of E-16 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 th is 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 pt:rConn 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 or 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 provision or a waiver or 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 arc Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies or· the parties arc 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 patiy. 7.6 Legal Action. !n addition to any other righls 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 perfonnance of this Agreement, to obt~lin 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 ct seq. and 910 et seq., in order to pursue a legal action under th is Agreement. E-17 7.7 Termination Prior to Expiration of Tenn. 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 or the Consultant, the period of notice may be such shorter time as may be determined by the Contract Ofticer. 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 Lo 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 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 or Section 7.2, tenninate 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 lees 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 discuvery and all other necessary costs the collrt allows which arc incurred in such litigation. All such fees shall be deemed to have accrued on commencement oCsuch action and shall be enforceable whether or not such action is prosecuted to judgment. E-18 ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liahility of Citv Oftkt•rs 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 oflnterest. Consultant covenants that neither it, nor any ofitcer or principal of its firm, has or shal I acquire any interest, directly or indirectly, which would conflict in any manner with the interests 01· City or which would in any way hinder Consultant's performance or services under this Agreement. Consultant futther 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 Onicer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts or 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)hc is, directly or indirectly, interested, in violation or 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 Agreemenl. 8.3 Covenant Against Discrimination. Consu llant covenants that, by and f'or its el C its heirs, executors, assigns, and al I persons claiming under or through them, that there shall he 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 arc 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 lo comply with all of'the provisions of the Federal Immigration and Nationality !\ct, 8 U.S.C. § 110 I 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' foes, incurred by City. E-19 ARTICLE 9. MISCELLANEOUS PROVISIONS 9.l 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 Onicer (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 pcrson(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the othcr 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 l II tcrprcta tion. The terms of this Agreement shall be construed in accordance with the meaning of the language usc:d 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. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. ft is understood that there arc 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 Scvcrability. 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 ofa 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 dept·ives either party of'the basic benefit ol'thcir bargain or renders this Agn:ernent meaningless. E-:-20 9.6 Warranty & Representation of Non~Collusion. No official, oflicer, 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 "non interests" pursuant to Government Code Sections I 091 or I 091.5. 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, oflicer, 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. 9.7 Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they arc 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] E-21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Teresa Takaoka, City C lerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Elena Q. Gerli, City Attorney CITY: CITY OF RANCHO PALOS :VERDES , a municipal corporation John Cruikshank , Mayor CONSULT ANT: GEOLOGIC ASSOCIATES, INC., a California corporation By : ~~ Na~~ :~le: ~ ucr/Chairman of the Board Name: Michael Reason Title: Secretary Address: 2777 E. Guasti Road, Suite 1, Ontario, CA 91761 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: J) 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 CONSULT ANT'S BUSINESS ENTITY. E-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA Son \)ernev--dino COllNTY OF f-:B~l ANC,~LES On MG\'j u..__., 2024 before me, Lto.d.&2.AddlL, personally appeared {~_or1,,,i.-.LA~, proved to me on the basis or satisfactory evidence to be the person(s) whose names(s) is/are subst:ribcd to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the pcrson(s), or the entity upon behalf of which the pcrson(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons rclymg on !he document and could prevent fraudulent reattachment of this form □ □ □ □ □ □ □ □ CAPACITY CLAIMED BY SIGNER INDIVIDUAL C()Rl'()RATE OFFICER TITLE(S) P/\RTNER(S) 0 LIMITED UFNERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTlTY(lES)) 0 i 20:l.002V9801X6 I A-I DESCRIPTION OF ATTACHED DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OT!IER THAN NAMED ABOVE E-23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer con,pleting this certificate verifies only the iJenlity of the individual who sign<:d the document to which this certificate is attached, and not the truthfulness, accuracy ur valiJity of that document, STATE OF CAUFORNlA SC\n ~rrv::H<l,hc, COUNTY OF ~.QS \NO[LGS On t:'9'.'/ \,,Ii ___ , :W24 bdtire rm:, ~•_l'l~f!ol,]t~-personally appean:d M t"c.ba~\Jt.:e~!1:61'.1Proved to me on the basis ofsatisl'actmy evidence lo be the pcrsrn1(s) whose names(s) is/arc subscribed to the within instrumcm 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 pcrson(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 "' • LINDA PADILLA • • i COMM. #2480104 z Notary Public • California ~ San Bernardino County ..,, M Comm. Expires Feb. 20, 2028 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 fND!VlDL!\L CORPORATE OFFICER PAR TN GENERAL TfTLE(S) l,lMlTED ATTORNEY-1"\f .• f-,\CT TRUSTEE(SJ GUARDIAN/CONSER V !\TOR OTHER SIGNER IS REPRESEl\TING: (i\AME CW PFRSON(S) OR El\TITY(iES)J !\-2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUv1ENT NlJMF3f':R OF PAGF,S DATE OF DOCU:v!ENT SIGNFR(S) OTHER THAN NAMED i\BOVE E-24 EXHIBIT ''A" SCOPE OF SERVICES Consultant shall perform the following engineering and design support services (the Services) for the Emergency l-Iydraugers Project: I. Provide technical support to the City during the Project's construction contractor solicitation, construction contractor evaluation, and construction contractor selection stages. 2. Provide technical support to the City during the Project's negotiation stages with the selected construction General Contractor ("'Contractor") for the following contract documents: a. Public Works Agreementbctwcen the City and the Contractor b. Task orders issued to the Contractor c. Change orders issued to the Contractor cl. Project schedules and associated updates e. Other construction contract-relaled items as directed by the City 3. Provide Construction Quality Assurance (CQA) support during construction of' the Project as follows: a. Review and prepare responses (to the Project Manager) to Contractor-generated requesls fix information (RFis). b. Review and prepare responses (to the Project Manager) to Contractor-generated submittals to ensure conformance with the construction contract requirements. c. Conduct routine Project site visits, observe construction progress and prepare associated reports to the City. d. Conduct geologic and hydrogeologic monitoring of the Project's site conditions to evaluate conformance with assumptions made during the Project's design stage, and appropriately address any deviations observed. This service wi II be performed hy a Certified Engineering Geologist (CEG) registered in the State of California. The CEG will also monitor the installation of all temporary and permanent works associated with the wells and appurtenant structures and will closely coordinate field activities with the Project Manager. e. Analyze data obtained from geologic and hydrogcologic monitoring of the Project and provide recommendations to the City for any design modifications to the Project's scope of work. Implement recommended design modifications and provide associated deliverables as directed by the City. L Prepare and submit to the City an ··as-built" set of drawings of the Project after construction is completed. A-3 E-25 g. Prepare and submit a draft and final CQA report to the City after construction is completed. The final CQ/\ report will be reviewed, signed, and sealed by a Gcotechnical Engineer registered in the State of California. A-4 E-26 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in st1,iketl+1'Bt1-g-l+. I. Section 1. 1, Scope of Services, is amended to read: ln 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 F,.,ilithi_L·:,6:: and incorporated herein by this reference, which may be refetTcd to herein as the "services" or "work'" hereunder. As a material inducement to the City entering into th is Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform tht: 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, compdently and to the best of its requisite 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 scrv ices required hereunder r:tFk:14tli-l-t:-c~I-Hna-l-etta-h-w-H+t1t"t1n~1-t}t:t;net~tJ-l:1ttH-l·Y-atrWt::-i-l-u:tr-l-il-foF lhe-f)Ul'f)itSetltte11detl-:--FHF·t)l:H'r)OSe-s-o-rtl+i-s-AgfeetHetth-the-1+lt1°ase--00l+i-g;ht;'5l-t)l'(➔tessiotta+-st-anth¼Ftb-'.'. shal-l-Ht-e-a+t-l:hose-staHEla-fe-s-H-i-:.-f:wa€-l:+€-1o'--ft.~tti-;,e-t-:l-'3y-01h.."-f}l'-··rH+wt'--~l+'!-ii:--€-ias-s-/:H'ffi-S-flel'+tt!'ffi#-l-g- si+H+titF··WHl'k-Httt.teF--s-i-H+i-kw·81tHH-1-stmH¼,,s-. IL Section L7, Care of Work, is amended to read.: The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the werk service.\·, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shal I be responsible for all such damages, to persons or property, until acceptance oCthe WBfk-services by City, except such losses or damages as may be caused by City's own negligence. HI. Section 2.2, Method of Compensation, is amended to read: (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 tor the performance or sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. (-l:1}-------A--f~~11t-tt-•1tti-i-:.-t--WVo-s-ha-H-he-held-+RttH---eael+-1'ril-)'ffi·e+l-l:---t1-S-i:l-ttHtl:me-l.--re~n-l-iH-t1-tt'l---l)e ~-a-s-rhlt't-e-Hlte-+i-tHtl--tm-ytne,H-ttt,&1·1-Sitli-sfae-1.twy-n+HJ-t-itne-!-y-eo1nt1te-l-+HrH.-)-l::.Se-wt€~Rw.·r-i'e-l:eHl-+Bfr shu-ll--1·H:}l--appl-y---fof-+Hl-t"itH--agreements--lftt'·e1:H't+i1HH:H:ts--seFvi13e-s-Hr---l-tff-ag--Feen-1enls-k-ll' s<:.,+1e1:lt11€tl· l'f}l:tt--i·tt&-H1ili·fH:e-fti:Hlt'e---+}f-:..{:~i-l-y--pi:Hpet'l-y-Hf-~~l-y-f'.aB-tttl-+es-:- C-1 E-27 IV. Subsection (a) Proof ofimmnmce of Section 5.2, General Insurance Requirements, is 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. fnsurance 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. E-28 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the Services on a time and materials basis at the following rates: ROLE Staff Professional fll Project Professional III Senior Professional III Principal Professional II HOURLY RATE $168.00 $210.00 $265.00 $317.00 H. Within the budgeted amounts for the Services, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so Jong as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. NOT APPLICABLE HJ. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Linc items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Linc 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 al I approved subcontractor labor, supp I ies, 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 arc attached as Exhibit C-L NOT APPLICABLE C-1 E-29 EXHIBIT "D SCHEDULE OF PEID'ORMANCE I. The Services shall commence following the City's issuance of the Notice-to-Proceed, will include some preconstruction support, then will follow the Project schedule as determined by Contractor and Project Manager, in accordance with the Bid Documents for the Project, and continue until Final Completion of the construction and close-out phases of the Project. The schedule of Services, including as it may be amended by change orders, shall be provided by the City's Contract Officer as each Task is agreed upon between the Project Contractor and the Project Manager. U. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval. D-1 E-30 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and HOUT CONSTRUCTION SERVICES, INC. F-1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND HOUT CONSTRUCTION SERVICES, INC. THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on May 7, 2024 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 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 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. F-2 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. (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. 01203.0023/975834.3 2 F-3 (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor 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 subcontractors 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 1 ½ ( 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 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 SH/AH (i) Consultant's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such 012030023/9758343 3 F-4 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 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 0 l2030023/9758343 4 F-5 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. lf in the performance of the Services, the Consultant becomes aware of material defects in the Scope of Work, duration, or span of the Services, or the Consultant becomes aware of extenuating circumstance that will or could prevent the completion of the Services, on time or on budget, the Consultant 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. 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 0 l203.0023/975834.3 5 F-6 actual expenses, shall not exceed $310,000 (Three Hundred Ten 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 prope1ty 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- Consultant contracts. Sub-Consultant charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. 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 01203.0023/9758343 6 F-7 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 90 (ninety) days cumulatively. 3.3 Force Maieure. 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 IO (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 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 one year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 0 l 203.0023/9758343 7 F-8 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: Sam Hout CEO (Name) (Title) 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 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. 0 l203.0023/975834.3 8 F-9 4.3 Contract Officer. The Contract Officer shall be David Copp, Deputy Public Works Director, 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 can-y 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 Consultant of City and shall remain at all times as to City a wholly independent Consultant 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. 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 012030023/9758343 9 F-10 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 0 l 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 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. 01203.0023/9758343 F-11 (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 subcontractors. ( 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. (t) 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 subcontractors. (g) Enforcement of contract prov1s10ns (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 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 01203 0023/9758343 I I F-12 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 l 0 (ten) day notice is required) or nonrenewal of coverage for each required coverage. U) 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 subcontractors, 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. (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. 012030023/9758343 12 F-13 (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 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 012030023/9758343 13 F-14 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 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 012030023/975834.3 14 F-15 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. 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 01203 0023/9758343 15 F-16 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 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. 0120 3 0023/97 5834 J 16 F-17 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 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. 0 ! 203.0023/975834.3 17 F-18 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. 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, 01203 0023/9758343 18 F-19 religion, sex, gender, sexual orientation, marital status, national ongm, 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. 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 012030023/9758343 19 F-20 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 "non interests" 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 SH/AH 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] 01203 0023/9758343 20 F-21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Elena Q. Gerli, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation John Cruikshank, Mayor CONSUL TANT: HOUT CONSTRUCTION SERVICES, INC., a California corporation S~A. ~ut:-By: ____________ _ Name: Sam Hout Title: CEO?= By: ___ fll!__,_,_+---------- Name: Adam Hout Title: Vice President Address: 20250 SW Acacia Street, 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: l) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULT ANT'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. 0 \ 2030023/9758343 21 F-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ____ , 2024 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 PENAL TY 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 CAP A CITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORA TE OFFICER □ □ □ □ □ □ TITLE(S) PARTNER(S) 0 LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0023/9758343 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DA TE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE F-23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ceriificate is attached, and not the truthfulness, accuracy or validity of that document. ST A TE OF CALIFORNIA COUNTY OF LOS ANGELES On ____ , 2024 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 PENAL TY 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 0 INDIVIDUAL 0 CORPORA TE OFFICER □ □ □ □ □ □ TITLE(S) PARTNER(S) 0 LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 0 l2030023/9758343 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DA TE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE F-24 EXHIBIT "A" SCOPE OF SERVICES Consultant shall perform the following construction management support services (the Services) for the Emergency Hydraugers Project (the Project): 1. Provide comprehensive project management, construction management and inspection services for the Project. Services include on-site and office support. 2. Enforcing the general contractor's, including its subcontractors' ( collectively, the Contractor), compliance with the Project's Bid Documents, including all executed task orders, change orders, and all applicable federal, state, and local laws and regulations. 3. Provide daily reports, weekly reports, and inspection reports to document all construction field activities performed by the Contractor. 4. Provide and maintain an electronic documentation control system for the City. 5. Serve as point of contact between the City and the Contractor, Project's design and engineering team, utility companies, and other stakeholder parties as mutually agreed. 6. Provide Bid Documents document control, including, but not limited to: correspondence, field memos, requests for information, change orders, submittals, plan clarifications, and cost control logs. 7. Perform necessary Specialty Inspections during the construction of the Project. Specialty Inspections consist of soils and materials inspection, and shall be conducted as required by the Engineer, and at the Contract Officer's direction. 8. Manage and conduct all soils, materials and water quality sampling and testing as determined necessary by the Project's Engineer and/or as directed by the City's Contract Officer. 9. Review and negotiate Task Orders, and cost and time extension proposals submitted by the Contractor. 10. Conduct weekly construction progress meetings with the Contractor, including the preparation and issuance of meeting agendas and minutes. 11. Conduct issue specific focus and resolution meetings with the Contractor and other project stakeholders as determined necessary. 12. Except where the context indicates otherwise, the terms "Project Manager" and any term or phrase related to Project Tasks are defined in the Bid Documents. 0 l203.0023/975834.3 A-1 F-25 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in strikethrough. I. Section 2.2, Method of Compensation, is amended to read: (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 l 0% 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. 0 l2030023/975834.3 B-1 F-26 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the Services on a time and material basis at the following rates: Name Role Rate Sam Hout, PE Principal Project Manager $ 230.00 Adam Hout Project Controls Manager $ 178.84 Yvette Holguin, PE Project and Construction Manager $ 121.82 Miguel Mendoza Inspector $ 107.39 Jayme Fairfield Documentation and Grant Manager $ 145.00 Ninyo and Moore Specialty Inspection and Peer Review $ 195.00 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 Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. NOT APPLICABLE. 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. 0] 203.0023/9758343 C-1 F-27 EXHIBIT "D SCHEDULE OF PERFORMANCE I. The Services shall commence following Notice-to-Proceed, will include some preconstruction support, then will follow the Project schedule as determined by Contractor and Project Manager, in accordance with the Bid Documents, and continue until Final Completion of the construction and close-out phases of the Project. The schedule of Services, including as it may be amended by change orders, shall be provided by the City's Contract Officer as each Task is agreed upon between the Contractor and the Project Manager. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval. 0 l 203.0023/9758343 D-1 F-28 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and PAUL HANSEN ENGINEERING, LLC 0 l 203.0023/977945 .3 1 G-1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND PAUL HANSEN ENGINEERING LLC THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on _______ , 2024 by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and PAUL HANSEN ENGINEERING, LLC, a Limited Liability Company ("Consultant"). City and Consultant may be referred to, individually or collectively, as "Party" or "Parties." RECITALS A. 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. B. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. C. 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 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 G-2 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 1 720 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. ( 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. 01203 .0023/977945 .3 2 G-3 (<l) Payroll Records . Cnmrnltant s hall co mply with and be bound by the provisions of Labor Co d Sec t ion 177(). whi ·h requires ( 'onsulta111 and eac h s ubcontractor to: keep accurate payroll rci..:ords a11d v 'rify Sl l ·Ii r • ·11rd s in writi11, und e r pe nalty of perjury, as specified in S 'Cti( n 177 (): l'~rtif. aud 11 \ilk • :-ml'11 pa yro ll rct:ordr-i available for in s pection as provi<.k<l b ec tion 177 (): and i11fum1 th · l 'ity ol tlir lo ·nt 11>n or tl11.: r •c ord s. (c) A )t '11(1 ·cs . ( ·011sulta111 s hall cor 11rl y wi t II a nd Ii ' bou nd hy Lhc provision s of Labt r (\ <k S 'dit)l1S l 777 ... 1777.(), and 1 T/7 .7 und ( 'alifomia C od <.: of Reg u lation s Title 8, S ti1)n ... 0 0 ·r seq . c1)11, 'min) th ·mplo ym nt of' apprc 11li ·cs on punlic works project s. Cunsullant shall l I s1 tmsibl' for complianc e with th ese aforementioned Sections for all app ntic •a blt X' ·upations . P1i )r to commencing work und er thi s Agreem e nt, Consultant shall prm id' "i t_· "ith a 'Op of the infommtion submitted to any applicable apprentic eship program . \\'ithin L) (sixty) days after concluding work pursuant to this Agreement , Consultant and eac h of it s su ' ntr-actors 'hall submit to the City a verified statement of the journeyman and apprentice hN1 :: rt'om1 d w1dcr thi • Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hou rs labo r 'onstitutc a I gal day's work. Consultant shall comply with and be bound by Labor Cod e S1..: tion I 10. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by Lhe proYisi ons of Labor Code Section 1813 conceming pena ltie s for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each wo rker employed in the perf onnance of this Agreement by the Consultant or by any sube-0nt ractor 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 vio lation of tbe 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 (t:ightJ hours per day, and 40 (forty) hours during any one week sha!J be permitted upon publi work upon compensation for all hours worked in excess of 8 hours per day at not less than on and I½ (one and one half) Limes the basic rate of pay . (h) Workers' ompensation . alifomia Labor od e Section 18 0 and 70 provLde that every employer will be required to se cure th payme nt of compensation to it ' employees if 11 h~ t:mployees. In accordance with th provision s of alifomi L r $<;<,'tivn I 6 l, onsultant certi 1e s a · follows: ' I ain a 1ar • f the. provisi o hkh ' }Ul eve emp >ycr o b 111 • a undert11k •lnb.U an·• 111 ,r with I w1JI comply w1tt1 ucl, piov, ion s h ·Ion, •cnnrri 11J 1.· , ,r ,f th is contra.ct." ·oui;ult 11t' Authow ·d J111I 1111. (i) ·om1ultant •. l ·~1 011 llJ11i1 y f < uh • )11tiu 1w1 who will perfonn wor und r hi,; A , •m nt, 't 1 ·ultrllll •hull :() •v su ,:ontrn ·tor r !-ip n ibl for s uch 0L203 .0023,9TI94S .3 G-4 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 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 0 l 203 .0023/97794 5 .3 4 G-5 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 Consultant becomes aware of material defects in the Scope of Work, duration, or span of the Services, or the Consultant becomes aware of extenuating circumstance that will or could prevent the completion of the Services, on time or on budget, the Consultant 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. 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 0 l 203.0023/977945.3 5 G-6 actual expenses, shall not exceed $50,000 (Fifty 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- Consultant contracts. Sub-Consultant charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. 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 0 l 203.0023/977945.3 6 G-7 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 Maieure. 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 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 one year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 01203 .0023/97794 5 .3 7 G-8 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: Paul Hansen (Name) Managing Member, LLC (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 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 David Copp, Deputy 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 0 l 203.0023/977945.3 8 G-9 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 Consultant of City and shall remain at all times as to City a wholly independent Consultant 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. 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 0 ! 203.0023/977945.3 9 G-10 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 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 subcontractors. ( 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 0 l 203.0023/977945 .3 10 G-11 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 subcontractors. (g) Enforcement of contract prov1s10ns (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 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. 0 l 203.0023/977945.3 11 G-12 (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. (1) 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 subcontractors, 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. (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, 01203.0023/977945.3 12 G-13 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 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 0 l 203.0023/977945.3 13 G-14 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 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 01203.0023/977945.3 14 G-15 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. 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. 0 l 203.0023/9779453 15 G-16 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 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. 0 l 203.0023/977945.3 16 G-17 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 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 01203 .0023/97794 5 .3 17 G-18 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. 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 0 l 203.0023/977945.3 18 G-19 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. 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 0 I 203.0023/977945.3 19 G-20 judgme nt or decree of a ·ourt or rnrnpclc111 jurisdicl io11 , s uch invalidity or un cnfon;ca bility shall not affec t any of thl' remaining phrn s1 •s. s •11f r 11 c ·s . ·Iuuscs . para gra ph s, or sect ion s of thi s Agreement which arc her ·I • kr lar •d as scvl'rah l • and shall b • in terprete d to carry out the int ent of the parties h 'l 'tmd 'r uni 'ss th e invn lid pnivi s ion i!-j s o nwt ·riul that it s inva lidi ty deprives e ith er pa1i I l1l'th' hasir l l'l1 'lit ofth ·ir har 1 ni11 ur r ·nd ·1s 1lii 1, A ,rc•rn c nt mea nin g less. 9.6 Wn rrant • & Ile >rc scntaUon of Non ~C ollu sion . l l ffi l•i:11. otl ic cr. or 'IHI lo. '' of City ha s any financial inter es t. dir ect or indirect, in this 12.T "111 ·n t. nnr shall an y om ·ia l, of'ficcr, or emp lo yee of 'ity parfo;ipatc in any deci sion r lating k this gr "mcnt , hich may affect his/her financial interest or the financial inte re~t of any c 1rrx rati o n. partn ·rship. or assoc iati o n in which (s)hc is directly or indirectly interested , or in \l1)l ari on of an · corp1 ration , partnership, or association in which (s )h e is directly or ind irectly inte ~t 'd l r in vil)lation of any S tate or municipal statute or regulation . The determinatio n of ··ti na n ~ia l interest " shall be consistent with State law and shall not include intere sts found to be "rem re .. or .. nonintcrcst~" pursuant to Government Code Sections 1091 or 1091.5. Con s ulta nt warranl.l' an d represents that it has not paid or given , and will not pay or give, to any third pa rty m luding, but not limited to, any City official. officer, or employee, any money. considerat ion, or other thi ng of value as a result or consequence of obtaining or being awarded any agreement. Consuhant fu rther warran ts a nd represents that (s)he /it has not engaged in any act(s ), omissio n(s). or other conduct or collusion that would result in the payment of any money, cons ideration, 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 a gre ment. Cons ultant is aware of and understands th at any such act(s), omission(s) or other cond u t resul ting in such payment of money, consideration, or other thing of value will render this A greement void and of no force or e ffect. Co nsultant's Authorized lnitig._ 9. 7 Corporate Authority. Th e person s e xecuting thi s Agreeme nt on behalf of the parties hereto warrant that (i) such party i~ du ly organiz ed and existing, (ii) they are duly authorized to execute and deli er this Agreement on ehalf of aid party, (iii) by o exec utin g this Agreement , such par i form all; bound to the pro visio ns of thi s Agreement, and (iv) that ntering int this gre m nt d .: n t vi c.,latc any prov is1Un of any o the r Agre emen t to w hi ch said pnrty i nnd . Thi gre ml.'nt ball b e bmdin g upon t h hei , exec utors, administrator , ucc ss r and dl. ign f th parti ~. JS I ATtJRJl;S ON FOLLOWIN PA JIEI 0 I 203 .0023/977945 .3 I!\' WITNESS WHEREOF. the pat1ics hereto have executed this Agreement on the date and year first-above writ ten . ATTE ST: Te sa T kaoka, APPROVED A S T O FORM: ALE HIRE & WY ND ER. LLP Elena Q. Gerli, City Attorney CIT Y: C ITY < 1: H/\N('l 10 PALOS VERDE S, a muni ·ipal ·rn rornlio11 John Crnik shank , Mayor CONSULTANT: PAUL HANSEN ENGINEERING, LLC , a Limited Liability Compan,.,.--__ By:_--H~°'rd;.;.::===---=---- Name : ul H sen Title: Managing Member, LLC Address: 2103 West Crestwood Street, Rancho Palos Verdes, CA 90275 Two corporate officer ignatllres required when Consultant is a corporation, with one si natur rt uirt'd from t: c o ro low groups : 1) Chairman of the Bonr«I, President or auy Vice President: nd 2) Stcreta r . , any A. ,ta &4t ·rt:blry . 'hfef financlul omcer or ny sl tant Tru ur r. ON, Ul T NT' SIG NATU RE S I ALIJ BE DULY OTARJZlm, AND APPROPRI TE 'ITE T l'ION I ALL BE J CLI.J OED AS MAY 8 £ kEC)IJHUm 0Y 'f'HI<; RVl,AW,, AN.Tl Lll:S C)t,' IN >RP )RATI( N, OR OTH E R UL ES on ~GULA'flONS Al)Jlf,l(,AllJ,tr, 1'0 CON 'IJL NT'.' RlJSI E ·s EN ~IT . 01203.0023,9779453 21 G-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this cetiificate 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. ST ATE OF CALIFORNIA COUNTY OF LOS ANGELES On ____ , 2024 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 behalfofwhich 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. 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 CAP A CITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER □ □ □ □ □ □ TITLE(S) P ARTNER(S) 0 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GUARDIAN/CONSERVATOR OTHER ___________ _ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 0 I 203.0023/977945.3 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE G-23 EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following estimating services (the Services) for the City's Federal Emergency Management Agency (FEMA) Building Resilient Infrastructure and Communities (BRIC) grant application: A. Provide detailed construction cost estimate based on the 2019 version of the Plans and associated Geotechnical Evaluation Report for the Portuguese Bend Landslide Complex Mitigation Measures Project, as well as other information provided by the City. B. The cost estimate will be prepared on the consultant's letterhead with a cover letter and associated narrative presenting the estimate, listing general approach to preparing the estimate and a high-level. II. Consultant will perform the following project control services (the Services) for the Emergency Hydraugers Project (the Project): A. Review Task Proposals submitted by the Project contractor (Contractor) and make recommendations to the City regarding the Proposals' completeness, and the appropriateness of the proposed Task Budget and Task Completion Schedule. B. Prepare independent cost estimates for comparison to cost proposals submitted by the contractor. C. Participate in negotiations with the Contractor and the City to finalize Task Budgets and. D. Review Contractor-submitted Task Completion Schedules for compliance with project requirements and provide review comments and recommendations. E. Prepare proposed Task Completion Schedules for planned work as directed by the Contract Officer. F. Provide miscellaneous Project controls services as directed by the Contract Officer. G. Conduct construction site visits as directed by the Contract Officer. H. Except where the context indicates otherwise, the terms "Project Manager" and any term or phrase related to Project Tasks are defined in the Bid Documents. III. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Independent cost estimates and cost analyses 0 l 203.0023/977945.3 B-1 G-24 B. Task proposal negotiations and associated record preparation C. Reviews of contractor-submitted task completion schedules and associated schedule analyses D. Project-related schedules for planned work as directed by the Contract Officer F. Invoices will provide monthly billing reports including the following information: a. Original Budget b. City-approved budget modifications c. Amount invoiced to date and percent of total authorized budget d. Remaining budget and percent budget remaining IV. Consultant will utilize the following personnel to accomplish the Services: A. Paul Hansen, P.E., Principal B. Kenneth Becker, Senior Estimator C. Rena Osorio, Project Engineer / Estimator D. Tannaz Zandi, Contract Administration/ Document Controls E. Patricia McCarthy, P.E., Director of Project and Construction Management Services F. Khalid Manzoor, Senior Scheduler G. Jaymin Shah, Master Scheduler H. Arman Davoodi, Project Scheduler I. Ali Davoodi, Senior Scheduler V. 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. 01203 .0023/97794 5 .3 B-2 G-25 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in strikethrough. I. Section 2.2, Method of Compensation, is amended to read: (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. 0 l 203.0023/977945.3 B-3 G-26 I. II. III. EXHIBIT "C" SCHEDULE OF COMPENSATION Consultant shall perform the Services on a time and materials basis at the following rates: Name Role Hourly Rate Paul Hansen, PE Principal $ 195.92 Ken Becker Senior Cost Estimator $ 172.86 Rena Osorio Cost Estimator/ Project Engineer $ 139.61 Patricia McCarthy, PE Director of PM/ CM Services $ 183.34 Jaymin Shah Master Scheduler/ P6 Integrator $172.86 Khalid Manzoor Construction Manager/ Senior Scheduler $172.86 Ali Davoodi Senior Scheduler $172.86 Arman Davoodi Project Scheduler $166.57 Tannaz Zandi Document Controls Specialist $127.97 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. NOT APPLICABLE. 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. 01203 .0023/97794 5 .3 C-1 G-27 V. The Consultant's billing rates for all personnel are attached as Exhibit C-1. NOT APPLICABLE. 0 I 203.0023/977945.3 C-2 G-28 EXHIBIT "D SCHEDULE OF PERFORMANCE I. The Services shall commence following Notice-to-Proceed, will include some preconstruction support, then will follow the Project schedule as determined by Contractor and Project Manager, in accordance with the Bid Documents, and continue until Final Completion of the construction and close-out phases of the Project. The schedule of Services, including as it may be amended by change orders, shall be provided by the City's Contract Officer as each Task is agreed upon between the Contractor and the Project Manager. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval. 0 l 203.0023/977945.3 D-1 G-29 CITY OF JOHN CRU ll<SHANI<, MAYOR ERIC ALEGR IA , MAYOR PR O TEM DAVID L. BRADLEY, COUNCILMEMBER BARBARA FERRARO , COUNCILMEMBER PAU L SEO , COUNCI LM EMBER May 8, 2024 Honorable Mayor Leah Mirsch City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 lmirsch@cityofrh.net Kristen Raig Manager Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, CA 90274 kraig@rhca .net vf" .p" "' ~ RANCHO PALOS VERDES Via U.S. Mail and Email SUBJECT: Flying Triangle and Klondike Canyon Landslides Dear Mayor Mirsch and Manager Raig , As you know, land movement within the Portuguese Bend Landslide Complex has accelerated since the 2023 winter storms and has not slowed down . In fact, it is picking up in its rate of movement. According to data collected from the City's monitoring points, Klondike Canyon Landslide, which is directly below the Flying Triangle Landslide in Rolling Hills, is moving at 1-4 inches per week. This rapid rate of movement is the reason why the Rancho Palos Verdes City Council is sending you this letter. Since Rancho Palos Verdes declared a Local State of Emergency on October 3, 2023, a working group comprised of various stake holders including the City of Rolling Hills and the Rolling Hills Community Association meets every Wednesday to discuss, among other things, matters related to land movement remediation efforts. While we appreciate your attendance at these working group meetings, it has come to a point with the rapid rate of movement that we should begin to develop a remediation plan collectively. Approaching land movement remediation measures of both the Flying Triangle and Klondike Canyon Landslides holistically will yield the results both our communities need immediately. 30940 HAWTH OR NE BLVD./ RANCHO PALO S VERDES, CA 90275-5391 / (310) 544-5207 / FAX (3 10) 544-5291 / WWW .RP VCA .GOV H-1 Mayor Leah Mirsch and Manager Kristen Raig May 8, 2024 Page 2 To that point, we request that a collaboration meeting be scheduled within the next few weeks between our cities, the Community Association, and the Klondike Canyon Abatement District to begin to exchange information. Moreover, it would be prudent for a cross-jurisdictional hydrology study to be prepared by a geotechnical engineer that studies the watershed to identify the various sources of water and recommend mitigation measures that can be implemented by each of our respective agencies/organizations. Rancho Palos Verdes currently utilizes the services of Geo-Logic Associates as our geotechnical engineer and Cotton Shires and Associates as the City's geologist to conduct a peer review. We can request proposals from both companies to evaluate a cost-sharing formula. I look forward to receiving a written response by May 17, 2024. Sincerely, John Cruikshank Mayor cc. Rancho Palos Verdes City Council Ara Mihranian, City Manager Elena Gerli, City Attorney Karina Banales, City Manager, Rolling Hills Steve Cummins, Chair, Klondike Canyon Landslide Abatement District Board of Directors H-2 Subject: FW: [EXT]Fwd: Reminder: Local Emergency Declaration Renewal Discussion May 7 From: Mickey Rodich <mickeyrodich@gmail.com> Sent: Monday, May 6, 2024 3:25 PM To: Ara Mihranian <AraM@rpvca.gov>; CC <CC@rpvca.gov> Subject: Fwd: [EXT]Fwd: Reminder: Local Emergency Declaration Renewal Discussion May 7 These are the comments I received from geotechnical engineer Bradley Ross who is with the University of Arizona, on the Agenda Report for tomorrow's City Council meeting. His comment about not having a Plan B, C and Dare prophetic. Hopefully hydraugers can and will slow down the slide, but what happens if they don't? After all this slide is moving fast. Will the base of operation of the hydraugers remain stable on a moving landscape? Will the holes drilled by the hydrauger remain open when we have so much land movement. How long will it be for the hydraugers to slow down the slide? I think that his most important suggestion is that the City Council should seriously consider hiring geohydraulogist Geoff Beale. Don't wait, plan wisely. COMMENTS BY BRADLEY ROSS Looks like the city is going into full-out crisis mode. The result is they are focused on the immediate things that they can see, but what they can miss in that mode is the big picture of things that are not so obvious but can be huge contributors to the problem. Here are some things to think about. • There are high expectations for the hydraugers. I think it is fine to try them, but they may not work. They cover a tiny percentage of a 3-dimensional moving mass, so it is challenging to recover enough water to make a large difference. • Since the mass is moving up to several inches per week, there is a good chance that the hydrauger openings will be short-lived. All you have to do is think about the pipelines on the surface and how often they break. When they are underground, they have even less flexibility. • Bottom line -what are plans B, C, and D. There is good chance you may need them and you don't want to wait to start. If the hydraugers work, great-otherwise be prepared to do something else. • I know the city feels they are putting a lot of money into this, but it might just be beginning. • When of the thing that we know is that this landslide is activated by rain (or surface) water that ultimately goes into cracks, fissures, or soaks into the ground. Is anyone looking at the full extent of the drainage area? It is likely much larger than the landslide area. You must remember that any water draining toward the landslide will impact the landslide. Work should be done to understand where all the water is coming from. It could be from miles away. 1 • Is anyone looking at groundwater level increase outside the immediate area of the slide? If the regional water level goes up after the rain, it can ultimately impact the landslide since it becomes a sink for the water to move towards. • I still believe they are not utilizing one of the most important landslide monitoring methods, lnSAR. To me, that is a tremendous failing. They can be looking at a much larger area. They could potentially already be seeing impacts that could provide a better understanding of the overall failure mechanism. That understanding can lead to other methods for mitigation. Frankly, the fact that it is not being used does not give me a lot of confidence that all the options are being considered. Large landslides are difficult -and expensive. Once they start moving, they do not like to stop. Getting rid of the water is one way to have an impact so the hydrauger have the potential to help. But you should not rely on just one option or plan. The City should hire Geoff Beale (gbeale@piteau.com) since he is the best geohyraulogist I know for large landslides. He will cost some money, but if anyone can give you the answers, he is the guy. 2 Subject: FW: Solve our Property Line in the Land Slide. Attachments: City of Rancho Palos Verdes City CouncilS-2024.pdf From: Madeleine McJones <homecoding@gmail.com> Sent: Friday, May 3, 2024 5:18 PM To: CC <CC@rpvca.gov> Subject: Solve our Property Line in the Land Slide. ow the content Is safe Ill. Please kindly subm it this attachment for City of RPV records and reading by the city council. Dear City of Rancho Palos Verdes City Council I am presenting to you all a li st of court cases that are due to the failure of the city to define and enforce clear property lines and ownership. This has been sixty years since the city knew that our homes and service and roads and our go ld mines have moved off the latitude and longitude. • We have asked to have a path to having ownership rights, and this has been denied. • We have lost our paid services like fire abatement and trespassing enforcement and been denied permits. • We have not had any reduction in our taxation for these services you withhold from us. • Our deeds and easements paperwork are invalid for utilities and access • Insurance companies are at a loss as to who is liable, the AIN owner or the in situ homeowner. • The city allows selling and the Department or Real estate allow se lling of real property AIN land with homes that shou ld not be there as that AIN are marked vacant lots at LACO Property. Code enforcement has sometimes served citations based on latitude and longitudinal maps and sometimes on metes and bounds maps. Stop work order and violations are somet im es served to the AIN owner and sometimes to the person in the home that is on the AIN. • The c ity will argue there is no law to manage this and that we all have to agree before you draw the new tract map every few years, well no one agrees with the current situation and over 95% agree that our tract need remapped. • • Yes, we are all aware that California does not have a law to remap moving landslide and its fine for you to keep brushing off these cases, but for us the common people these Lawyers drain us and take our land in this community and now with builder's remedy and a fresh land movement they keep making offers to buy us out. Your geo lo gist has now made very public announcements that the landslide cannot be stopped (basically because the toe wasting, and capi ll ary action and sea level rise will never be addressed). The city manager has also said on record twice that the property lines do not move . So it seems like dire and that the property line lawyers will win . • This extra punishment of property lines in a community that is already punished by the landslide is a cruel loophole that has left us open to litigation and hand to hand combat in land grabs. I have scars, lost a fence and mailbox, and lost a goodly sum of my retirement because you just keep brushing this off. 1 Please I beg you to be responsible and get something started in Sacramento so we can have a safe sane map that is not so far off the boundaries basically every few years! WHY? -> because a Six feet in a year in land errors is much better than 450+ feet accumulated land errors. Please do the right thing, Madeleine McJones #3 Tangerine Road RPV Madeleine McJones 3102134392 D Virus-free.www.avast.com 2 Dear City of Rancho Palos Verdes City Council I am presenting to you all a list of court cases that are due to the failure of the city to define and enforce clear property lines and ownership. This has been sixty years since the city knew that our homes and service and roads and our gold mines have moved off the latitude and longitude. • We have asked to have a path to having ownership rights, and this has been denied. • We have lost our paid services like fire abatement and trespassing enforcement and been denied permits. • We have not had any reduction in our taxation for these services you withhold from us. • Our deeds and easements paperwork are invalid for utilities and access • Insurance companies are at a loss as to who is liable, the AIN owner or the in situ homeowner. • The city allows selling and the Department or Real estate allow selling of real property AIN land with homes that should not be there as that AIN are marked vacant lots at LAGO Property. Code enforcement has sometimes served citations based on latitude and longitudinal maps and sometimes on metes and bounds maps. Stop work order and violations are sometimes served to the AIN owner and sometimes to the person in the home that is on the AIN. • The city will argue there is no law to manage this and that we all have to agree before you draw the new tract map every few years, well no one agrees with the current situation and over 95% agree that our tract need remapped. • Yes, we are all aware that California does not have a law to remap moving landslide and its fine for you to keep brushing off these cases, but for us the common people these Lawyers drain us and take our land in this community and now with builder's remedy and a fresh land movement they keep making offers to buy us out. Your geologist has now made very public announcements that the landslide cannot be stopped (basically because the toe wasting, and capillary action and sea level rise will never be addressed). The city manager has also said on record twice that the property lines do not move. So it seems like dire and that the property line lawyers will win. • This extra punishment of property lines in a community that is already punished by the landslide is a cruel loophole that has left us open to litigation and hand to hand combat in land grabs. I have scars, lost a fence and mailbox, and lost a goodly sum of my retirement because you just keep brushing this off. Please I beg you to be responsible and get something started in Sacramento so we can have a safe sane map that is not so far off the boundaries basically every few years! WHY? -> because a Six feet in a year in land errors is much better than 450+ feet accumulated land errors. Please do the right thing, Madeleine McJones #3 Tangerine Road RPV CASES THAT WOULD NOT BE HERE IF WE HAD a VALID PROPERTY TRACT MAP • DML ENTERPRISES, LLC VS AUGUSTINE MORENO, ET AL. o California -Los Angeles County Superior Courts I Other -Injunction I 19TRCV00989 I 11/05/2019 • PEACOCK HOMESTEAD LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. VS JEFFREY PRANG, IN HIS ROLE AS ASSESSOR FOR THE COUNTY OF LOS ANGELES, ET AL. o California -Los Angeles County Superior Courts I Other -Declaratory Judgment I 23STCV30289 I 12/12/2023 • PEACOCK HOMESTEAD LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. VS PORTUGUESE BEND COMMUNITY ASSOCIATION o California -Los Angeles County Superior Courts I Property -Other Real Property I 24STCV10371 I 04/25/202 • CONJUNCTION JUNCTION LLC VS GORDON LEON, ET AL. o California -Los Angeles County Superior Courts I Property -Other Property Fraud I23TRCV03160 I 09/25/2023 • Limetree Estates, LLC v. The City of Rancho Palos Verdes et al o Federal -California Central District I Civil Right -Other Civil Right I 2:23-cv- 01420 I 0212412023 • LIMETREE ESTATES LLC VS THE CITY OF RANCHO PALOS VERDES, ET AL. o California -Los Angeles County Superior Courts I Property -Eminent Domain I 23TRCV00231 I 01/26/2023 Case is Deemed Complete. Disposed - Other Disposed • Conjunction Junction LLC v. City of Rancho Palos Verdes et al o Federal -California Central District I Property -Other Real Property I 2:22-cv- 07688 110/21/2022 • CONJUNCTION JUNCTION LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS ASHLEY ELLISON, AS TRUSTEE OF THE PORTER TRUST o California -Los Angeles County Superior Courts I Personal Injury - Uninsured Motor Vehicle I 21 STCV34889 I 09/22/2021 • RANCHO PALOS VERDES ESTATES LLC., A CALIFORNIA LIMITED LIABILITY COMPANY VS ROBERT R. MAXWELL AND MCNAIR MAXWELL, TRUSTEES OF THE MAXWELL TRUST DA TED FEBRUARY 23, 1994 o California -Los Angeles County Superior Courts I Personal Injury -Other Personal Injury I 21STCV16157 I 04/29/2021 • TANGERINE HOLDINGS LLC VS THE CITY OF RANCHO PALOS VERDES, ET AL. o California -Los Angeles County Superior Courts I Other -Writ Of Mandamus I 24STCP01244 I 04/19/2024 • CHERRYHILL LANE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS THE CITY OF RANCHO PALOS VERDES o California -Los Angeles County Superior Courts I Other -Writ Of Mandamus I 24STCP00330 I 02/01/2024 • CONJUNCTION JUNCTION LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS AMY SEERATY, IN HER OFFICIAL CAPACITY, ET AL. (CITY OF RPV) o California -Los Angeles County Superior Courts I Other -Writ Of Mandamus I23STCP02886 I 08/10/2023 • JUSTIN FREDERICK MCJONES, TRUSTEE OF THE JUSTIN AND MADELEINE MCJONES TRUST DATED AUGUST 22, 2020, ET AL. VS LOUNA LAINI, AN INDIVIDUAL, ET AL. • b l/lY SUPERIOR COURT OF C ALI FORNlA 8 CO TY OF LOS ANGELES 9 ' 10 PEACOCK HOMESTEAD LLC. a Californ ia ) Lim ited Liabi lity Company; RANCHO ~ PALOS VERDES ESTATES LLC, a ) Californ ia L im ited Liabi lity Company; ) 11 12 u RA CHO POMEGRANATE LLC. a ) Californ ia L imited Liabi lity Comp~n y ; ) 14 CHE RRYHILL TERR RACE GROUP LLC, a l California L imi ted Liabi lity Company; ) 15 LIMETREE ESTATES L LC. a Ca l ifo rn ia )) 16 Limited L iabi lity Company; 34 CHERRYHILL LA E LLC, a California ) Limi ted Li abi lity Company; TA GER I E )l HOLDrNGS LLC, a California L imi ted Liab ility Company: RPV EQUlTIES LLC , a ) 17 . 18 19 Californ ia Limi ted Liab ility Company; ) PEP PERT REE GROUP UC. a Ca liforn ia ~ 20 Limited L iabi lity Company; ) 21 22 ' Pla in ti ff-., 23 V. PORT GUESE BEND COM 1UNIT Y 25 ASSOCIATION : and DOES 1-100, 26 27 28 Defend ants ) ) ) Case No .: 2 4S C:V 1 0 37 1 COl\'IPLAI T JURY TRIAL DEMANDED • • 2 3 Plaintiffs comp la ins agai nst Defend:mts as follows : I TRODUCT JO N 1. This ac tion addresses a q ues tion in Californ ia that has been partially a ddressed by ,J the Co1irt s and the Legis la tur e, bu t not full y: If a con tin uous ly moving lan d.slide moves 5 improvements on the surface of th e ground, do Lhe property lines move wi th th ose 6 improvements? 7 2. The Legislature pa rt ially ad dressed thi s issue w ith th e Cullen Earth quak e Act 8 w hich prov ides for sh iftin o property li nes fro m a s ing le even t such as an earthquake. 9 3. However, the Co urts of Appea l fo u nd in Joamwt 1 v. City of Rancho Pafos Ve,~de,~ .0 that where I.here is a s low moving lan ds lide that is con tin uous ly m ovin g th e Cullen Eart hquake .1 Ac t does no t apply. . 2 4 . o tab ly, the J oa 11r1011 mat te r addresse d the ve ry l ands lid e that th is li tiga tion is l3 centered upon: The Portuguese Bend Lan d slid e . L4 .5 .6 l 7 . 8 .9 10 n 12 u 14 )~ .:> 5. As the re is no other j udic ia l o r legis la ti ve means to sh ift property lines due to eart h movemen t in Californ ia, it a ppears the answer to th e question under ly ing th is li tigation is "1 o, a conti n uously moving landsl ide does not sh ift th e property lines." 6 . Desp ite th is. th e loca l Homeowners Associat ion has taken the posi ti on tha t the property l ines are moving, a lo ng w ith the easements fort.heir pr ivate mads. As such . they are cau sin g the fo ll owi ng iss ues: a. Caus ing th eir ro ads to trespass onto properties where there are no easements for t he privat e roadS,; b. Assess ing their members d ues to re-hu ilcl and ue pair roa d s where there are no -easemen t s for the private roads ; c . Refus ing to .restore the priva,te roads to the ir easement boundaries thereby blockin g access to the parceb that sh ou ld be servi ced by those road'.~;