20260707 Late CorrespondenceTO:
FROM:
DATE:
SUBJECT:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
JULY 7, 2026
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions /additions and /or amendments to the agenda material presented
for tonight's meeting.
Item No.
2
3
Description of Material
Email from Kathy Snell
Emails from: Kathy Snell; Sha Tahmasebi
** PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, July 6, 2026 **
Respectfully submitted,
~~
TereaTakaoka
L:\LATE CORRESPONDENCE\2026\2026 Coversheets\20260707 additions revisions to agenda.docx
From: Teresa Takaoka
Sent:
To:
Monday, July 6, 2026 4:39 PM
CityClerk
Subject: FW: Peafowl Census Report July 7, 2026 Agenda
-----Original Message-----
From: Kathy Snell <ksne110001@aol.com>
Sent: Monday, July 6, 2026 4:38 PM
To: CC <CC@rpvca.gov>
Cc: Brittany Pena <bpena@rpvca.gov>; Brandy Forbes <bforbes@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>;
ksnell0001@aol.com
Subject: Peafowl Census Report July 7, 2026 Agenda
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is
safe!!!.
Honorable Mayor and City Council Members,
Please consider changing the annual Peafowl count and trapping to the removal of Coyotes in residential areas. The
Coyote population is growing out of control.
In 1973, I counted about 48 Peafowl on my four acre parcel in Portuguese Bend. Today there were only 8.
Peafowl are very beneficial for my orchard as they eat ticks, baby rattle snakes, rodents and insects.
Trapping and relocating is cruel to the Peafowl. Peafowl travel in family units and don't accept outsiders. If trapping, the
entire family unit should be trapped and kept together. A young peacock got his leg caught in a fence and hung upside
down. His family unit formed a circle around him to protect him. After his leg was released, he stayed in the weeds for a
while and his family stayed with him.
There is a loner peahen that is not accepted by any of the family units. It is cruel to separate family units.
Thank you for not trapping Peafowl but please consider counting Coyotes.
Respectfully,
Kathy Snell
1
From: Teresa Takaoka
Sent:
To:
Tuesday, July 7, 2026 9:16 AM
CityClerk
Subject: FW: Agenda Item 3. Establishing a new third GHAD
From: Kathy Snell <ksnel10001@aol.com>
Sent: Tuesday, July 7, 2026 9:13 AM
To: CC <CC@rpvca.gov>
Cc: Ara Mihranian <AraM@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov>; Darius Vitkus <dvitkus@rpvca.gov>;
ksnel IOOOl@aoI.com
Subject: Agenda Item 3. Establishing a new third GHAD
Honorable Mayor and City Council Members,
Can one imagine if the sewer lines on PVDS servicing 8,500 addresses, including a hotel, small shopping
centers, churches, Salvation Army, City Hall, parks and part of Lunada Bay, failed due to land movement?
The sewer lines have received great benefit from the abatement work that the GHAD's and City have
performed. The Sanitation District needs to be included in paying a benefit assessment annually. The benefit
assessment for PVDS needs to be increased.
The three ancient slides need to have their own individual GHAD's and be managed by those directly affected
by the slide. All the volunteers know their neighborhood slide areas and are very valuable. The GHAD's have
worked well together. More public discussion on projects is needed and not conducted in closed session.
Closed sessions are not clearly reported.
There is a great disadvantage of forming a single GHAD that would" ... potentially expose the City assets
to liability claims." The City needs to be protected.
Combining and having a single GHAD would not allow for equity in the assessments. KC LAD has
stopped their slide so their assessments should not include paying for AC LAD and PL.
Respectfully,
Kathy Snell
1
From: Kathy Snell <ksnel10001@aol.com >
Sent: Tuesday, July 7, 2026 10:06 AM
To: CC <CC@rpvca .gov >
Cc: Ara Mihranian <AraM@rpvca .gov >; Ramzi Awwad <rawwad@rpvca .gov >; ksnellOOOl@aol.com
Subject: ACLAD boundary correction for GHAD Agenda 7 /7 /26
EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and
know the content is safe! ! ! .
Honorable Mayor & City Council Members,
The color coded map on the staff report needs to be corrected.
Sweetba y is in ACLAD.
Portuguese Point and inspiration Point are not in the Abalone Cove slide and the map needs to be
corrected.
That boundary is where the PB Landslide drops creating the "ski -jump" on PVDS. Many years ago, the
"ski jump" is where a speeding resident became airborne, hit the sewer expansion joint on the side of
the road and was killed . Very important to have this division properly mapped.
3 •
From: Kathy Snell <ksnel10001@aol.com >
Date: July 6, 2026 at 11:44:38 AM PDT
Subject: ACLAD boundary correction for GHAD Agenda 7 /7 /26
Gentle persons,
Please immediately correct the ACLAD boundary map color coding on staff report for GHAD Agenda
Report for 7 /7 /26 .
Portuguese Point and Inspiration Point have never been within the ACLAD boundaries.
Thank you for your prompt response .
Kathy Snell
..,·
... ,
, .... ...
'°o~f~ .. ,
//' ~ ,"':, ....
(:l_,
1~.,..
ABALONE COVE
SLIDE ABATEMENT
fOM : ClTY VP' R&.NCJ,IO :>A\.05 veQ..>C.s, (2.t'-i :P7·0~GC
e,y• .5,0JT~ bt\.Y !i.1'.IU.lt.ti;;,;:.rl•N~ e,oa:) {'1131 l"1'S-2,S:5,..,
J.o,l,l(,••'•US•2. SCA.-S-,.-..,_ G.-0<.> J~ C:..t~t'Jo• BY.lt14Q
ft.11:'I .J"N• 15 1 l~fll
DISTRICT
C-2
From:
Sent:
To:
Subject:
Attachments:
Dear City Clerk,
Sha <hisha2023@gmail.com>
Tuesday, July 7, 2026 3:31 PM
CityClerk
Fwd: KCGHAD: Sept 2025 M & O's
KCGHAD -City Service Paving.pdf; KCGHAD 2026-2027 Budget Draft (1 ).PDF
Please include the following email in tonight's public correspondence.
Thanks,
----------Forwarded message--------
From: Sha <hisha2023@gmaU.com>
Date: Thu, Apr 16, 2026 at 8:44 PM
Subject: Re: KCGHAD: Sept 2025 M & O's
To: Steve Cummins <scummins@dcacivileng.com>, <nic.grillo@_kcghad.org>, Judith Hotchkiss
<chjhpbc@cox.oet>, Drew Freeman <drew@drewspromotions.com>
Cc: Paul Seo <paul.seo@rpvca.gov>, Stephen Perestam <stephen.perestam@Ipvca.gov>, David Bradley
<david.bradley@rpvca.gml>, Barbara Ferraro <barbara.ferraro_@Ipvca.gov>, <~e.lewis@rpvca.gov>,
Ara Mihranian <AraM@rpvca.gov>, Ramzi Awwad <r_awwad@_rpvca.g_ov>, David Copp
<DCopp_@mvca.gov>, Colleen Miller <kc.gbad@yahoo.com>
Subject: Facts Related to Certain KCLAD Expenditures and Use of Assessments for Private Beach
Club Road Repavement and Enhancement
Chair Cummins and Board Members Drew, Hotchkiss, and Grillo:
This letter is to confirm certain facts and expenditures pertaining to KCLAD and the use of
property assessments to fund them. Per clerk/treasurer Colleen Miller's email below dated March
25, 2026, the July 2025 expenses listed under the Warrant Register are estimates only and not
actual spendings. (See Warrant Register). However, the Board approved the July 2025 Warrant
Register, and the proposed works were eventually completed in July, September and October 2025,
as indicated in the September and December 2025 Warrant Registers and the attached invoices and
receipts.
Specifically, the Board approved the work proposals for repavement and substantial enhancement
of some roads in the private community of Beach
1
Club totaling $63,130. The work was complctc3
•
and paid for using property assessments, in the amount of $69,600. This expense is referred to in
your Budget as "extraordinary repairs" which is work done not for ordinary repairs, but to rebuild
and significantly upgrade and improve a structure. Note that the accounting described in this letter
is not a comprehensive list of road construction or repaving expenses by KCLAD and only refers to
the scope of the work within the attached document titled "KCGHAD -City Service Paving."
The following are factual statements for the record. If any of this is incorrect, please inform
property owners of the correct facts:
"City Service", also at times listed as "City Service Paving" in KCLAD's Warrant
Registers, is not a category of services provided by the City of RPV, but it refers to a private
construction company that builds, paves, and repairs roads.
The asterisk(*) next to an item or expense in the Warrant Register denotes that these
amounts were funded through City loans.
City Service Paving expenses listed in the Warrant Register have an asterisk(*) next to
them, therefore, indicating the work was paid for using City loans.
Property owners within the District (including Seaview) are required to repay the City
loans, with interest, through annual KCLAD assessments.
Beach Club is a private gated community whose property owners, not the City or the
public, are responsible for the construction, repair, and maintenance of private roads within
its boundaries. Seaview residents do not have free access to these roads.
Assessments collected from Seaview property owners have been used to pay to
repave and improve private roads in Beach Club.
KCLAD Board consists of four (4) members, three (3) of whom are Beach Club
property owners. Chair Cummins, a Beach Club property owner, was appointed to the Board
14 years ago by the City ofRPV. Members Hotchkiss and Drew, also Beach Club property
owners, were brought into the Board approximately 10 years ago without a public election.
The term limit for each Board member is four (4) years. KCLAD has far exceeded the
4-year term limit. In fact, during the 2024 election, despite three willing and qualified
candidates running for Board, the District opened only two seats and none of the out-termed
members relinquished their expired seats for the third qualified candidate.
Furthermore, financial decision-making authority rests with Beach Club President,
property owner and District's 'volunteer attorney' Mr. Michael Barth, who determines
KCLAD's Budgets, and the manner assessments are allocated and spent. In plain terms, Mr.
Barth has acted as both the legal authority and the money decision-making authority over the
District, possibly for decades.
2
To date, none or nearly none of the loans and assessments KCLAD has collected since
2024 amounting to $ 3.4 million have been spent in abatement or mitigation measures in
Seaview or the Klondike properties.
The Board's majority composition, procured in violation of Geologic Hazard
Abatement District (GHAD) codes and maintained for at least a decade, has created
consolidated control in the hands of a few Beach Club property owners with near full control
and unchecked power over the District's affairs.
KCLAD Board, by advice of Mr. Barth, levied and collected assessments from property
owners,· assessments obtained through an unlawful election in violation of Prop 218 and the
California Constitution, and kept by the District through use of intimidation and threats of
criminal prosecution. The Board then approved the construction spendings to repave and
substantially enhance private Beach Club roads while at the same time, Seaview property
owners lost essential utilities water, electricity, gas, lost homes, were constructively evicted
from their properties, displaced, and have had no recourse but to reside in a disaster and in
front of destroyed, dangerous, and sewage contaminated roads collapsed into a Graben.
Sincerely,
Sha Tahmasebi
CC: Mayor Paul Seo, Mayor Pro Tern Stephen Perestam, Councilmember David L. Bradley,
Councilmember Barbara Ferraro, Councilmember George Lewis, City Manager Ara Mihranian,
Director of Public Works Ramzi Awwad, Deputy Director of Public Works David Copp
Attachments:
KCGHAD -City Service Paving
KCGHAD 2026-2027 Budget Draft
The Warrant Register, source: KCLAD
July 2025
9. *City Service -Asphalt curb in KCGHAD $9,230.00
10. *City Service -Demo, road base and grade, 6" of CAB paving $31,150.00
11. *City Service -Asphalt Paving 5,000 sq feet asphalt 4" thick $22,750.00
September 2025
6 *City Service Paving-inv CM-57927-I $31,150.00 pd ck 1053
3
December 2025
8. *City Service Paving #CM-42579-I $38,450.00 pd ck 1078
On Wed, Mar 25, 2026 at 8:59 AM colleen miller <kcghad@yahoo.com> wrote:
Sha,
The July 2025 documents you are requesting 9, 10 and 11 are estimates and a proposal for future
work . Not an invoice. Those items were to get board approval for future work. No checks were
written to City Service Paving in July 2025. I will send you these documents. The July request was a
proposal and contract for future work in September of 2025 and December 2025.
Honorable mayor and city council representatives, I will be sending Sha these documents shortly.
Colleen Miller -KCGHAD Clerk
On Tuesday, March 24, 2026 at 06:23:30 PM PDT, Sha <hisha2023@gmail.com> wrote:
Dear Colleen,
Thank you for advising during the March 23, 2026, public meeting that you are in possession
of the receipts for the following expenditures and would be sharing them with the property
owners. The accounting document you provided titled "KCGHAD -Statement of Activity March
24, 2026" (attached) does not address the original request.
At this time, please provide complete and unredacted copies of the receipts from the
vendors or companies that provided/performed the following services and products listed
below. In addition, as requested in the previous email, please include the (1) specific
location(s) where the services listed below were provided/the work was performed, and (2)
the purpose and scope of each project:
July 2025
9. *City Service -Asphalt curb in KCGHAD $9,230.00
10. *City Service -Demo, road base and grade, 6" of CAB paving $31,150.00
11. *City Service -Asphalt Paving 5,000 sq feet asphalt 4" thick $22,750.00
4
September 2025
6 *City Service Paving -inv CM-57927-I $31,150.00 pd ck 1053
December 2025
8. *City Service Paving #CM-42579-I $38,450.00 pd ck 1078
We rely on your diligence as the treasurer of a public entity to provide timely financial
transparency and accountability to property owners who have no choice but to pay
compulsory assessments to KCLAD (in exchange for NO benefits and
damaged properties). Seaview homeowners made this accounting request multiple times
during 2025 and received no response to date. Please provide the receipt documentation
portion of this request no later than three days from the date of the original request, or
before 5 pm, March 25, 2026. I look forward to your prompt response.
Sincerely,
Sha Tahmasebi
CC Mayor Paul Seo, Mayor Pro Tern Stephen Perestam, Council members
----------Forwarded message ---------
From: Sha <hisha2023@gmail.com>
Date: Mon, Mar 23, 2026 at 7: 18 PM
Subject: Re: KCGHAD: Sept 2025 M & O's
To: colleen miller <kcqhad@yahoo.com>
Hi Colleen,
Please let me know the specific location where each of these services were performed. I appreciate it!
Thanks,
Sha
• July 2025
o 9. Asphalt curb in KCGHAD $9,230.00
o 10. Demo, road base and grade, 6" of CAB paving $31,150.00
o 11. Asphalt Paving 5,000 sq feet asphalt 4" thick $22,750.00
• September 2025
o 6. Paving -inv CM-57927-I $31,150.00 pd ck 1053
On Mon, Mar 23, 2026 at 7:07 PM colleen miller <kcghad@yahoo.com> wrote:
I think you are asking for item #6 City Service Paving? Correct? I have forwarded Steve the
proposal and invoice to go over for explanation.
5
6
'::;:1;~~, u
LIC. #502305 920 LAWERENCE STREET PLACENTIA, CA 92870 SINCE 1975
Phone: 714-642-1602 Fax: 714-984-8140 Email: Chris@citypaving.com
Proposal & Contract #6931CM2**
PROPOSAL SUBMITTED TO: Colleen Miller PHONE: 310/377-3667 DATE
KCGHAD FAX: 3 I 0/541-2426 7/16/2025
ADDRESS: .JOB NAME:
P.O. Box 3675 Pavement Repair (KCLAD area)
CITY, STATE & ZIP: JOB LOCATION:
Rancho Palos Verdes, CA 90275 -SAME-
We hereby agree to furnish all labor, materials and cquip111cnt for the completion, in a good and Workmanlike manner, of the work dcscnbc<l bdow,
REVISED-Asplrnlt Paving -(KCLAD Arca) (1 Mobilizations)**
**Please Note:
Below pricing based 011 work being done ill conju11ction with
Proposal #6993CM dated 616/2025
# I Pave back approx. 5,000 sq. ft. of area with up to 4" of HOT ASPHLAT. (250'x 30')
(UJ(D at'eas on map) (Demolitio11 am/ base install to be do11e by others)
#2 Compact ALL new paving work usi11g machine roller and/or vibratory equipment.
#3 Clean up and remove ALL job related items from site.
Total Price: $22,750.00 (Updated 7/16/2025)**
DlJE TO THE EVERCHANGING clfocts of supply constraints, increased costs offuel, oil, aggregates,
concrete and labor our prices for material will be honored only on a month-to month basis.
TW~IS A\/ll CO:\'IHTIOI\S OF CONTIUCT: PAYMENT DUE UPON COMPLETION
ln this agreement Ctrntractor means City Service Paving, and owner 1neans owner am.J/or any general contractor and/or agent of owner.
I Any changes required by owner shall be authori1,ed in "Tiling and paid by owner nt cmltrnctor's prevailing rates unless quoted nml agreed upon in writing,
2. Owner ugrces to furnish to job sire necessary ru1d adcquntc \\1ttcr supply al owner's <..>Xpenst!.
J. Conlrm,;tor usswnc:, no liability for damages to underground pipt!s, septic 11.Ulks, cesspools m other underground structures; and any extra l!Xpensc c:.m')cd the
conlraetor by the existence or location thereof shull be churg,xt lo buyer
.I. Owner, agrees to puy attorney's and cou11 costs in event suit is instituted to collect any amounts due contraclor.
l. If work is to be pcrfonned according to owner's spcdrications or labors and materials, contractor docs not assume responsibility for any detects.
6. We arc not responsihlc for rcllectivc cracking on l\:surfocc areas, rc-gro"th of vegetation, un,lerground utilities, (unkss notiricd in writing), pre-existing engineering with
respects t<J drninnge, back-lill and compaction installed by others Engineering, .,taking, testing. inspection, permits, bonds and Ices are nut included.
7. Slurry Seal has a tendency not to adhere to oil-suluruted usphalt.
,'!(HICE IS llEREllY GIVEN THAT WORK ANI> MATERIAL FlillNISIH:U BY CONTHACrOll MAY SUBJECT Tllf. PllOP•:RTY ON WIIICJI SAID WORK IS
PlmFOMrn TO TIIE LIEN LAWS OF TIIE STATE 01' ('AI.JFOltNIA PURSIJANT TO SECTION I 193 OF TIIE CODE OF CIVIL PIWCEDliRE OF SAID STATE.
Company
Owner/ Agent and Title Date CHRIS MAURER-Project Munager-Cell: 714/642-/602
#=-~1/'IIVEi
LIC. #502305 920 LAWERENCE STREET PLACENTIA, CA 92870 SINCE 1975
Phone: 714-642-1602 Fax: 714-984-8140 Email: Chris@citypaving.com
Proposal & Contract #7007CM2
PROPOSAL SUBMITTED TO: C1)1leen Miller PHONE: 310/377-3667 DATE
KCGHAD FAX: 310/541-2426 7/15/2025
ADDRESS: JOIJ NAME:
P.O. Box 3675 Pavement Repair
CITY, STATE & ZIP: JOB LOCATION:
Rancho Palos Verdes, CA 90275 -SAME-
We hereby agree lo furmsh all labor, ma!enals and equipment for the completion, in u good and Workmanlike manner, of the work described below,
Street Work (Demo, Base & Grade) KCLAD area
# 1 Remove approx. 5,000 sq. ft of area to a depth up to IO" below current grade level. (KCLAD)
Install & grade up to 6" of CAB in same area. Roll and Compact.
#2 Clean up and remove ALL job related items from site.
Total Price: $31,150.00
DUE TO THE EVERCHANGING effects of supply constraints, increased costs of fuel, oil, aggregates,
concrete and labor our prices for material will be honored only on a month-to month basis.
**Above price on(v valid if done with Proposal #7006CM dated 7/15/2025**
Tf:Jn!SA:\llCONDITIONSOFCONTRACT: PAYMl~NT DUE UPON CO!YlPLETION
In this agrt...:¢nh:nt Contractor nwun.s City St:rv1ce Pavrng, and owner means owner and/or any gent:ral contral1or aml/or agent of own~L
1 Any changl.!s required by cnvner shall he nu1horized in writing and paid by owner at contrnctor's prevailing rates unk~s quoted w1d U&fL'\:d upon in \\Tiling
O\\,!lt.:r agrees to liunish hl jrih site nc1:('sso1y nn<l u<lcquatc water supply at 0\\11er' s expense
J, Cunl11.1t:w1 u.·•~t1HJl:'~ nu lmllilny tbr damages rn underground pipes, sep11c tan!-.:~. cesspools or other um.lcrgnHmd sm1cturcs: and any extra exrx~nsc tl.-lUScd the
contrnctor by the cx1s1encc or location thereof shall he charged 10 buyer.
4. Owner, agrees to pny attorney's and <Co,1r1 costs in event suit is instituted to collect any amounts due contractor.
5. lf work is to be performed acrnrding 10 owner's spcciflcntions oflabors and materials, contractor docs not nssumc responsibility for any detects
6. We nre not responsible for reflective cracking on resurface rorens, re-growth of vegetation, underground utilities, (unkss notilied in writing), prc-exisling enginc-ering with
respects to drainage, back-Iii! and compaction installed by others. Engineering, srnking, testing, inspection, permits, bonds nnd fee,, are not included.
Slurry Seal has a lcndenc)' 1101 to adhere lo oil-satumted asphalt.
NOTICE. IS 1m1u:BY GIVEN TIIAT WORK AND MATERIAL FIJl{NJS!lt:D RY CONTRACl'OR MAY SUBJECT TIiis PROPERTY 0:--1 WIIICII SAID WORK IS
Pl-:HFOMlm TO TIiis Lll'.N LAWS OF TUE: STATE OF CALIFORNIA l'IIHSllANT TO SECTION 1193 OF TIIE CODE OF CIVIL PROCEDURE OF SAlll STATE.
Company
Owner/ Agent and Title Date CHRIS MAURER-Project Mclfw,:er-Ce/1: 7/4/642-1602
LIC. #502305 920 LAWERENCE STREET PLACENTIA, CA 92870 SINCE 1975
Phone: 714-642-1602 Fax: 714-984-8140 Email: Chris@citypaving.com
Proposal & Contract #7008CM
PROPOSAL SUBMITTED TO: Colleen Miller PHONE: 310/377-3667 DATE
KCGHAD FAX: 310/541-2426 7/15/2025
ADDRESS: JOB NAME:
P.O. Box 3675 Pavement Repair
CITY, STATE & ZIP: JOB LOCATION:
Rancho Palos Verdes, CA 90275 -SAME-
We hereby agree to Jurn1sh all labor, materials and equipment for the complct1011, 111 u good and Workmanlike manner, of the W<>rk ,kscnbcd below.
Asphalt Cur·b Install@ KCLAD area
# I Install approx. 220 LF of new 6" asphalt curb at (2) locations.
(Side 1=140 LF, Side 2=80LF)
#2 Clean up and remove ALL job related items from site.
Total Price: $9,230.00
DUE TO THE EVERCHANGING effects of supply constraints, increased costs of fuel, oil, aggregates,
concrete and labor our prices for material will be honored only on a month-to month basis.
Tl(R\IS ,\/1;1) CONDITI0/1;8 OF CONTIUCI': p A YMENT DUE UPON COMPLETION
In this agri.:cmcnt Contractor means City Service Paving, and owner means owner ond/or any general contractor nncVor agent of owner.
l. Any changes rcquir(;d by 0\\11er shull be authorinxl in ,vriting ond paid by owner al contractor's prevailing rates unless quoted and agreed upon in writing.
O\vner ugri;:-es to ti1mish to job site necessary and adequ~1tc ,vater supply ut owner's expense.
Contractor ;1.,<,:rnmcs no lrnbtl ny tor Liamagcs to underground pipes, septic tanks, cesspools or other underground structures; and any extra expense caused 1hc
contr,1ctor by the cxish:ncc or lm.:ation thereof shall be charged to huycr
➔. Own~r. agrees to p:1y atlorncy's nnd court costs in event suit is instituted lo collect uny amounts due contractor.
5 If work is to be pcrfonncd according to owner's spccil1calions of1;1bors mid materials, conlractor doc. not assume responsihiltly for any defects.
(i, \Ve are not rl!sponsiblc for reflective crncking on rcsurfocc areas, n.~growlh ofvt!gctalion, underground utilities, (unless 1101ilied in wr'iting), prc~existing enginr.!cring with
respects to drainage, buck-fill and compaction installed by others. Enginccnng, staking, testing, inspection, pcnnits, bonds and fees arc not included.
7. Slurry Seal has a tendency not to udhorc to oil-salurnicd usphuli.
NOTICE IS IIEREIW GIVEN THAT WORK AND MATERIAL HJRNtsm:n HY CONTRACTOR MAY Sl!HJECT THE PROPEltTY ON WHICH SAIi) WORI( IS
PEIU'Ol\11,:0 TO Tim LIEN LAWS OF nm STATE OF CALIFORNIA l'l!RSl!ANT TO SECTIO:'I I 193 OF TIIE CODE OF CIVIi, PROCEDURE OF SAID STATE.
Company
Owner/ Agent and Title Date CHRIS MAURER-Project Manager-Cell: 714/642-1602
To
KCGHAD
PO Box 3675
920 Lawrence St., Placentia CA 92870
(714) 642-1602
Rolling Hills Estates, CA 90274
Attn.: Colleen Miller
Custom
#7 Proposal #7007CM2 dated 7/15/2025 (Demo, base & grade)
Notes
INVOICE
Invoice No: CM-57927-I
Contract #: CM-64400-C
Date: 08/26/2025
Salesman/Project Manger: Chris Maurer
Phone#: +17146421602
Contractor Job#/PO#.:
Job Name:
Job Address:
Total Due Ibis Invoice
Payment Applied
Balance
Rancho Palos Verdes, 4100
Palos Verdes Drive SOUTH,
KCLAD areas
4100 Palos Verdes Drive
SOUTH, Rancho Palos
Verdes, CA 90275
$31,150.00
$31,150.00
$ 0.00
$31,150.00
Terms: Net 30
Thank You For Your Business
920 Lawrence St., Placentia CA 92870, • + 1714632661 o • Lie# 502305
To
KCGHAD
P.O. Box 3675
920 Lawrence St., Placentia CA 92870
(714} 642-1602
Rancho Palos Verdes, CA 90275
Attn.: Colleen Miller
Custom
#1 Additional removal (600 sq. ft.) (Done on 9/5/2025)
#2 Additional labor & material for paving days (10/15 & 10/26)
Custom
#1 Install 220 LF of asphalt curb.
Custom
111 Proposal #6931 CM2 dated 7/16/2025 (Asphalt paving)
Notes
\INVOICE
Invoice No: CM-42579-I
Contract #: CM-64400-C
Date: 12/01/2025
Salesman/Project Manger: Chris Maurer
Phone#: +17146421602
Contractor Job#/PO#.:
Job Name:
Job Address:
Total Due This Invoice
Payment Applied
Balance
Rancho Palos Verdes, 41 oo
Palos Verdes Drive SOUTH,
KCL.AD areas
4100 Palos Verdes Drive
SOUTH, Rancho Palos
Verdes, CA 90275
$6,470.00
$9,230.00
$22,750.00
$38,450.00
$ 0.00
$38,450.00
Terms: Net 30
Maintenance & Operations Budget, 2026~2027 Fiscal Year
Klondike Canyon Geologic Hazard Abatement District
Account
No. Description Adopted Budget
Administration
010 Exec. Director $16,800.00
011 Consultinq Geoloqist/Leqal Service $20,000.00
013 Board Expense $2,000.00
014 Election Services $1,200.00
016 Admin. Consultinq $15,000.00
Total Administration $55,000.00
·-
Maint. & Operations
202 Insurance $16,000.00
203 Office Expense $3,000.00
207 Replacement Reserves $16,000.00
208 Well Drilling Costs $0 City Loan
209 Well-Pipeline Maintenance $133,168.00
210 Extraordinarv Repairs $100,000.00
211 Electricity $50,000.00
212 Channel Maintenance Project $ 0 City Project
Sub-slide Consulting/Beach Club
213 Slide $2,500.00
214 Litiqation Defense $200,000.00
215 City Loan Repayment $186,932.00
Total Maintenance & Operations $707,600.00
Reserves & Contingency
410 Continqencv Fund (6%) $45,756.00
Total Warrants $808,356.00
From:
Sent:
To:
Sha <hisha2023@gmail.com>
Tuesday, July 7, 2026 3:38 PM
CityClerk
Subject: Fwd: KCGHAD: Notice of Public Hearing April 27, 2026 5:00 pm
Attachments: 1. Public Hearing KCGHAD April 27, 2026.docx; KCGHAD 2026-2027 Budget Draft
(1 ).PDF
Dear City Clerk,
Please include the following in tonight's City's public correspondence.
Thanks,
Sha
Dear Chair Cummins and Board Members,
This letter is regarding the notice for the May 27, 2026 [ corrected: April 27, 2026],
Public Hearing concerning the proposed FY 2026-2027 Budget and the levying of
assessments against each parcel of property. Recently, the District notified property
owners that as a measure to save money, it will no longer mail paper notices and
documents to our physical addresses and will instead rely solely on email. (Yet, the
Board raised the part-time clerk/treasurer's salary by 40%). The only Notice I
received for the May 27, 2026 [correted: April 27, 2026], Public Hearing was the
email below, with the statement that the hearing would be conducted remote-only.
I request that the Board identify the specific legal authority it is using to:
1. Bypass the requirement that notices be sent by first-class mail to each property
owner's physical address, specially when notifying them of assessments that will be
imposed on their property, and instead rely solely on email notification.
2. Hold the Public Hearing intended for the board to hear public comments and protests
in opposition of the imposition of new assessments as a remote-only meeting, with no
physical location open and accessible to the public.
Sincerely,
1 3
Sha Tahmasebi
----------Forwarded message---------
From: colleen miller <kcghad@yahoo.com>
Date: Wed, Apr 8, 2026 at 5:10 PM
Subject: KCGHAD: Notice of Public Hearing April 27, 2026 5:00 pm
To: colleen miller <kcghad@yahoo.com>
Greetings Klondike Canyon Geological Hazard Abatement District Property Owners,
The next regularly scheduled KCGHAD meeting will include a public hearing, and the
proposed budget for the district for 2026-2027. Documents attached. The board agreed
at the March 23, 2026, meeting not to increase the budget. The board proposed to
adopt the same budget amount as 2025-2026 to run the district.
Respectfully,
Colleen Miller -KCGHAD Clerk
<1. Public Hearing KCGHAD April 27, 2026.docx>
<KCGHAD 2026-2027 Budget Draft (1 ).PDF>
2
PO box 3675
Rolling Hills Estates, CA 90274
Klondike Canyon
Geologic Hazard Abatement District
KCGHAD@yahoo.com
KCghad.org
Klondike Canyon Geological Hazard Abatement District
P.O. Box 3675-Palos Verdes Peninsula, CA 90274
/Official Public Notice/
Public Hearing, Monday, April 27, 2026
5:00 p.m. via Zoom
*** THIS IS NOT A BILL ***
Notice of Adoption of Resolution oflntention regarding the Levy of an Assessment for the Operation and Maintenance of
Improvements for the 2026-2027 Fiscal Year.
On March 23, 2026, The Board of Directors of the Klondike Canyon Geological Hazard Abatement District adopted RESOLUTION
NO. 26-3 entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE KLONDIKE CANYON GEOLOGICAL HAZARD
ABATEMENT DISTRICT DECLARING ITS INTENTION TO ORDER THAT THE COST AND EXPENSES OF MAINTAINING
AND OPERA TING IMPROVEMENTS SHALL BE ASSESSED AGAINST THE PROPERTY WITHIN THE DISTRICT
BENEFITED THEREBY PURSUANT TO DIVISION 17 OF THE CALIFORNIA PUBLIC RESOURCES CODE.
The Date, Time and Place set for the Hearing of Public Testimony and Protest Are:
PUBLIC HEARING -Monday, April 27, 2026
5:00 p.m. VIA ZOOM
At the PUBLIC HEARING the Board of Directors will consider all testimony and protests.
WRITTEN PROTESTS may be mailed to the District Clerk, P.O. Box 3675, Palos Verdes Peninsula, CA. 90274, to be received prior to 4:00
p.m. on April 22, 2026. Written Protests may also be delivered to the District Clerk at KCGHAD@yahoo.com. At the hearing, any
interested person may make oral protest to the proposed assessment.
RESOLUTION NO. 26-3 includes a report which contains the following:
A. THE ESTIMATED BUDGET FOR THE 2026-2027 FISCAL YEAR.
B. THE PROPERTY ESTIMATED ASSESSMENTS TO BE LEVIED AGAINST EACH PARCEL OF PROPERTY
WITHIN THE DISTRICT.
C. A DESCRIPTION OF THE BENEFIT ASSESSMENT FORMULA USED IN FORMULATING THE ESTIMATED
ASSESSMENTS.
The above-described report is on file and available for inspection.
The total ESTIMATED BUDGET for the 2026-2027 FISCAL YEAR for the maintenance and operation of the improvements in the
District is: $808,356.00
Following the hearing, the Board of Directors may make changes to the assessments.
INQUIRIES REGARDING THE PROPOSED ASSESSMENT MAY BE REFERRED TO:
Colleen Miller, Executive Director at abalonecoveLAD.com
Maintenance & Operations Budget, 2026-2027 Fiscal Year
Klondike Canyon Geologic Hazard Abatement District
Account
No. Description Adopted Budget
Administration
010 Exec. Director $16,800.00
011 Consulting Geoloqist/Leqal Service $20,000.00
013 Board Expense $2,000.00
014 Election Services $1,200.00
016 Admin. Consulting $15,000.00
Total Administration $55,000.00
Maint. & Operations
202 Insurance $16,000.00
203 Office Expense $3,000.00
207 Replacement Reserves $16,000.00
208 Well Drilling Costs $0 City Loan
209 Well-Pipeline Maintenance $133,168.00
210 Extraordinary Repairs $100,000.00
211 Electricity $50,000.00
212 Channel Maintenance Project $ O City Project
Sub-slide Consulting/Beach Club
213 Slide $2,500.00
214 Litigation Defense $200,000.00
215 City Loan Repayment $186,932.00
Total Maintenance & Operations $707,600.00
Reserves & Contingency
410 Contingency Fund (6%) $45,756.00
Total Warrants $808,356.00
From:
Sent:
To:
Subject:
Attachments:
Dear City Clerk,
Sha <hisha2023@gmail.com>
Tuesday, July 7, 2026 3:41 PM
CityClerk
Fwd: KCGHAD: resolutions
1_ KCGHAD June 2025-26 Assessment Attachement.docx
Please include the following in tonight's public correspondence.
Thanks,
Sha
----------Forwarded message--------
From: Sha <hisha2023@gmail.com>
Date: Fri, Jun 26, 2026 at 10:01 AM
Subject: Re: KCGHAD: resolutions
To: colleen miller <kcghad@yahoo.c_o_m>
Hi Colleen,
Thanks for your email. Please see my original PRA request, I'm only looking for Resolutions after the year
2023 and their exhibits, including Resolution 25-5 referred to in the attached file you sent us along with
the bill payment request. It states "the Board of Directors adopted Resolution 25-5 confirming the
Assessment for the cost and expenses of maintaining and operating improvements for the 2025-2026
Fiscal Year and ordering the levy and collection thereof"
However, no Resolutions 25-5 was included with the email we received and I do not see it posted on the
website.
Also, please send me the Engineer's Report for 2026-2027, (not prior years) and the updated
"Assessment Per Parcel" schedule, (referred to as KCGHAD ASSESSMENTS BY APN) the document that
shows the new assessment amount for each individual parcel, reflecting any changes or adjustments,
only for fiscal year 2026-2027.
Thanks,
Sha
1 3
On Wed, Jun 24, 2026 at 7:17 PM colleen miller <kcg_h_ad@.}'ahoo.com> wrote:
Hi Sha,
I have scanned all the KCHGAD resolutions I could find. Nie has put them on the website.
Colleen
2
PO box 3675
Rolling Hills Estates. CA 90274
Dear KCGHAD Property Owner,
Klondike Canyon
Geologic Hazard Abatement District
KCGHAD@yahoo.com
KCghad.org
NOTICE IS HEREBY GIVEN that on April 28, 2025, the Board of Directors of the Klondike Canyon Geological Hazard
Abatement District held a Special Meeting to consider the 2025-2026 FISCAL YEAR MAINTENANCE & OPERATIONS
BUDGET. Following the special meeting, the Board of Directors adopted Resolution 25-5 confirming the Assessment for
the cost and expenses of maintaining and operating improvements for the 2025-2026 Fiscal Year and ordering the levy
and collection thereof. This invoice identifies your property and the amount of assessment due.
In Resolution 25-5 The Board of Directors approved the following:
DIRECT PAYMENT
A direct Payment of your property assessment is now due. Please pay the assessment directly to KCGHAD. If you do
not pay KCGHAD directly by July 31, 2025, the entire assessment amount will be placed as a lien on your property, and
appear on your property tax bill. If the KCGHAD assessment is paid before July 31, 2025, there will NOT be a lien placed
on your property.
Please pay directly to KCGHAD via online payment/check through QuickBooks.
Paying the KCGHAD assessment now, rather than having a lien placed on your property, allows KCGHAD to use the
entire amount of your assessment payment to pay for maintenance and operations of the district. If you allow the
KCGHAD assessment to be placed on your property as a lien, the County of Los Angeles charges Klondike Canyon
Landslide Abatement District a fee, and holds the funds to be released three times a year. This means less than 100% of
your assessment will go to KCGHAD for water removal efforts. Also, the tax collector DOES NOT remove the lien
after the property taxes are paid. It remains as a recorded lien against your property. Because the County of Los
Angeles does not give KCGHAD an accounting of which properties have paid their assessment via property tax
lien, KCGHAD is unable to remove the lien until contacted by the property owner and proof of payment is
submitted.
Inquiries regarding the assessment payments may be directed to the clerk.
Respectfully,
Colleen Miller
Executive Director, District Clerk, Treasurer
TO:
FROM:
DATE:
SUBJECT:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
JULY 6, 2026
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, July 7, 2026, City Council meeting:
Item No.
L
2
Description of Material
Updated Attachment A (Signed Geologic Associates Agreement)
Emails from: Chris and Kim Engen; Anke Raue
Respectfully submitted,
Takaoka
L:\LATE CORRESPONDENCE\202612026 Coversheets\20260707 additions revisions to agenda through Monday.docx
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Good afternoon,
David Copp
Wednesday, July 1, 2026 4:11 PM
CityClerk
Darius Vitkus; Russ Bryden
Late Correspondence -7 /7 City Council Meeting
Attachment A-PSA with Geologic Associates (Late Correspondence).pdf
High
For consent calendar item: "Consider awarding a Professional Services Agreement to Geo-Logic Associates,
Inc. for professional engineering and design services for the Deep Dewatering Well Permanent Power Project."
Please upload the attached as Attachment "A" to the associated staff report.
Please let me/Darius/Russ know if you need anything else.
Thank you,
Dave Copp, PE
Public Works Deputy
Director
dcopp@rpvca.gov
Phone -(310) 544-5335
Address:
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Website: www.rpvca.gov
► Ci!;TIT(lti
Google Play
c ·in+l n)CS1:;;:19c co~1tai1r:; :nfonr:::·1Ucn bc!on9in(J to the of r-<.ancho Fdir/; Verdes 1 which rnay privileged, conhclcntiai/ ;y:(1/or
fron <foxJusurc. !"he inforrncJtion i~; Intended only use of the ind:vidu<Ji or cnhlV iir.HrH.:d, Unddthori1cd ck-ist:rn1n0Uon.,
c:b,ri!J11tion, 01· copy,r,q pruhiliil:c:cl. U you received dY:dt! in c1Tor, rn· arc nol an inkmkd recipient, i:icasc t:rw
ii;·1n1(:diatcly. ··1l1dnk you your <1s~_;istaricc ar~d cocp£:raLon.
1 L.
01203 0001/835260. l
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
GEOLOGIC ASSOCIATES, INC.
for
Deep Dewatering Wells 1 through 6 Permanent Power Project
Portuguese Bend Landslide Remediation
AGREl1:MENT FOR PROFESSIONAL SERVlCl!i:S
BETWEEN THE CITY OF RANCH{) PALOS VERDES AND
GEOLOGIC ASSOCIATES, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and
entered into on July 7, 2026 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, following submission of a proposal for the performance of
geotechnical, professional engineering and design services for the Deep Dewatering Well
Permanent Power Project as defined and described particularly in Article I 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 l 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 lhe
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 CONSUL TANT
1.1 Scope of Services.
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
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 expertenced 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.
ror puq,,nc:, of thi:; t\grcc111cnt, the phn1:;c "highc:_it prnfo:_i~;ionul :_itnndurcb" :,hnll menn tho:,c
standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
01203.000 I i8.l5260. I
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 fi)lth 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.
[f the Scope of Services includes any ··public work" or ··rnaintenance work,'' as those terms
are defined in California Labor Code section l 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 !810 el seq., and all other applicable laws, including the fi)llowing
requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
perfonned 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 l
(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 enft>rcement 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 l 773.2, 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 DlR 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) Penaltv for Failure to Pav Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and l 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.
0 I 2(H 000 I /83 5260. I 2
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City ofthe 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 fix all apprentieeable
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 subeonsultants
shall submit to the City a verified statement or the journeyman and apprentice hours performed
under this Agreement.
(l) 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 (fo1iy) hours in any one calendar week in violation
of 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 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 l 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
186 L Consultant certifies as follows:
"I am aware uf 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 [nitials ----
(1) Consultant's Respons1bil1ty for Subcontractors. for every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
01203 000!/835260 I 3
subcontractor's compliance with Division 2, Part 7, Chapter l (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 spec ified 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.
Consu ltant 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 applicab le penalties
and interest, which may be imposed by law and arise from or are necessary for the Consu ltant '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, Cons ultant shal l 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 out the purposes
of this Agreement. Un less hereafter specified , neither party sha ll be responsible for the service of
th e o th e r.
01 203.000 l /83 5260.1 4
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. Tt 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 lwreby
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
t<)llowed.
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 actual
expenses, shall not exceed $208,000 (Two Hundred Eight Thousand Dollars) (the "Contract
Sum"), unless additional compensation is approved pursuant to Section L9.
0 I 20 :l 000 1/83 5260 1 5
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 I 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 prope11y or City facilities.
2.3 Reimbursable Expenses.
Compensation may include reimbmsement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City's Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor
contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not
invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant's correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
01203.0001/835260.1 6
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 performanct: 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 pcriod(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 pcriod(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 Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within l 0 (ten) days of the commencement of such delay noti ty the Contract Officer in writing of
the causes of the de lay. 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.
Unless earlier terminated in accordance with Articl.e 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 hereot~ except as otherwise provided in the Schedule of Performance (Exhibit "D").
ARTICLE 4. COORl)INATION OF WORK
4.1 Representatives and Personnel of Consultant.
01203000 I /835260 I 7
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:
Garv L. Lass
(Name)
William McCormick
(Name)
Chief Executive Officer
(Title)
Principal Engineering Geologist
(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
Consultanfs 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 arc 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 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
npprovnl of the Cnntrncl Offa·cr. The Conlrnct Officci-:.lrnll hnvc m1thnrity, if :.pcci ficd in writing
0 I 203 00/l i !R,5260.1 8
by the City Manager, to sign all documents on behalf of the City required hereunder to carry out
the terms of this Agreement.
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 sbal I perform all services required herein as an
independent contractor of City and shall remain at alt times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shail not contract with any other entity to perform in whole or in patt the services
required hereunder without the express written approval of the City; all subcontractors included in
the Proposal arc 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 INDEMNIFICATlON
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 liabilitv insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 0 I, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, tor bodily
in.1ury, pcr5onal 111.Jury, and propo1iy damage. The policy must iMiudc <.>ont1·actual liability that has
not been amended. Any endorsement restricting standard l"O "insured contract" language wi I l not
be accepted.
0 I 2fU 000 I /8.l 5260 I 9
(b) Automobile liabilitv insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 0001 covering bodily injury and
property damage for ail 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 liabilitv (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 Jbr 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) Proofofinsurance. 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 propetty,
which may arise from or in connection with the performance of the Services hereunder by
Consultant, its agents, representatives, employees or subconsultants.
(c) Primarv/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or se!t:.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.
0 i 203.0001/835260. I 10
( 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 f nsurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State or 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 subrogfilLQ.!!. 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 other::, 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 subconsu!tants.
(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 ol' 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) Noti0c of 0ancellation. Con:sultant agree::; 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 O (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.
012010001/815260 I 11
(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.
(I) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants.
subcontractors, and any other party involved with the pn~ject 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) Sell:.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 ot' claims made or suits instituted that arise out of or result frnm Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
( q) Additional insurance. Consultant shall also procure and maintain, at its own
cost and expense. any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims. damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein ''claims or
liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consult,mt, it-., officc1·s, crnpioyccs, agent:-., .suhcontrnctors, or invitees, or ,my individual or entity
for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indcmnitors'
0 I 2(13 000 l/~:\5260 I 12
reckkss 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 m
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 fr)r 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 pcrforrn 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'
foes.
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 INFORlVIA TION
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 serv.ices 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
dcrni!cd. The Cuntrai.;;t Oflic.;;r .:,hall have full und free ac0cs.:, to su1:,;h book..:, a11d records at all times
during normal business hours of City, including the right tQ inspect, copy, audit and make records
01203.0001 /83:5260. l 13
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. ln 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 fr,r other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City's sole risk and without
liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
"works made for hire" as defined in 17 U.S.C. § 101, such documents and materials arc hereby
deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) A!l 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
0 I 203 000 l/835260 I 14
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.
(cl) 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 disrnvery 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.
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 ott1mc that Consultant is in default, the City shall hold all mvoices 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
012113 on0\/835260, l 15
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.
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 ct seq., in order to pursue a legal action under this Agreement.
Ol2(L1 OIHll/815260 I 16
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. r n 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 compktion 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 compiiance 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 proceedrng, 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 foes on any
appeal, and in addition a party entitled to attorney's foes 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 o.f Citv Officers and Employees.
01203 0001/83 5260 I 17
No omcer 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 itsel[ its heirs, executors, assigns, and a!! persons
claiming under or through them, that there shall be no discrimination against or segregation oC
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, reltgion,
sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 U nauthorizcd Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § l 101 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.
01203 000\/835260. l
ARTICLE 9. MISCELLANEOUS PROVISIONS
9 .1 Notices.
Any notice, demand, request, document, consent, approval, or communication either patty
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.
9A 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 patties hereto affocting 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 rnodification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
0!2Ul0001/835260 I 19
9.6 Warranty & Representation of Non-Collusion.
No official , officer, or employee of City has any financial inter est, direct or indirect, in thi s
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation , partnership, or association in which (s)he is directly or indirectly interested , or in
violation of any corporation , partnership , or association in which (s)he is directly or indirectly
interested , or in violation of any State or municipal statute or regulation . The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests " pursuant to Government Code Sections 1091 or 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 paity including , but not limited to, any City official , officet', 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 Authori z ed Initials ~--"
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]
0 120 3.000 \/835260. I 20
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
William Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES , a
municipal corporation
Paul Seo, Mayor
CONSULTANT:
GEOLOGIC ASSOCIATES, INC ., a California
Corporation
By:~
Nam~~
Title: Chief Executive Officer / Chairman of the
:~d UoL
Name : Michael Reason
Title : Secretary
Address: 2777 E. Guasti Road, Suite l,
Ontario, CA 91761
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
01203 0001/835260_( 21
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall perform the following engineering and design support services (the Services)
for the Deep Dewatering Wells I through 6 Permanent Power Project (the Project):
I. Provide technical and engineering support to the Project, including the preparation of
plans, specifications and other engineering and construction details, as needed, for the
City.
2. Attend Project-related meetings as requested by the City.
3. Review and prepare responses to contractor-generated requests for information (RFls).
4. Review and prepare responses to contractor-generated submittals to ensure
conformance with their associated City-issued tasks.
5. Conduct routine Project site visits, observe construction progress and prepart)
associated reports and recommendations to the city.
6. Review and comment on any '·as-built" records of completed (constructed)
improvements.
7. See Consultant's proposal in Exhibit E for additional details.
Deliverables:
1. Preparation of a Technical Memorandum providing a description of the site conditions, site
exploration and testing procedures, geotechnical engineering analysis and results and
geotechnical recommendations for site preparations, foundation design criteria and surface
drainage
2. Topographic survey.
3. Construction drawings and specifications at the 60% and 90% design development
milestones.
4. Complete ( l 00% -level of development) set of construction documents, including stamped
plans and technical specifications. All documents shall be in a format acceptable to the City.
5. City permit applications.
6. Completed electrical utility company (SCE) service application(s).
7. Construction RF! responses.
01203 000 l/835260 I B-l
8. Submittal Reviews.
9. Preparation of change order documents: plans, specifications, and other related information
to complete the change order work.
l 0. Review and approve ContractoMubmitted red line as--built drawings.
0 I 203 0001/8:i 5260 1 B-2
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethr0t1gh.
I. Section 1.1, Scope of Services, is amended to read:
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services", as stated in the Proposal, attached
hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein
as the "services" or "work" hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services des(;ribed 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 expert-level firms performing
similar work under similar circumstances.
II. Section 1.2, Consultant's Proposal, is amended to read:
The Scope of Service shall include the Consultant's Proposal, attached hereto as Exhibit
"E'' and ·.vhich 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.
HI. Section 1.3, Compliance With Law, is hereby amended as follows:
1.3 Compliance with Law and Federal Funding Requirements.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all applicable 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. Specific requirements include, but are not limited to:
(a) Build America, Buy America Act (BABAA) Compliance Clause
(i) Applicabi/itv. This pro}ect is funded in whole or in part with federalfunds,
including funds awarded by the Federal Emergency Management Agency (FEMA). As such,
the Consultant shall comply with the Build America, Buy America provisions of the
Infrastructure Investment and Jobs Act (Pub. L. No. 117-58, § 70901-70927), and any
01203 0001/835260 I B-3
implementing guidance issued by the U.S. Office o,/Management and Budget (OJJ,fB), the U.S.
Department of Homeland Security (DHS), and FEMA.
(ii)Domestic Preference for Infrastructure Proiects. In accordance with
BABAA, the Consultant agrees that all iron, steel, manufactured products, and construction
materials used in the pro]ect shall be produced in the United Statei; unless a valid waiver has
been issued by FEMA.
(l)lron and Steel. All iron and steel products used in the project must be
produced in the United States. This means all manufacturing processes,from the initial
melting stage through the application of coatings, must occur domestical(v.
(2). ll1anufactured Products. The cost of the components of
manufactured products that are mined, produced, or manufactured in the United States must
exc1!ed 55% of the total cost of all components of the product. Final assemb{y must also occur
in the United States.
(3). Construction Materials. Construction materials (e.g., lumber,
drywall, glass, plastic, composite building materials) must be manufactured in the United
States. All manufacturing processes, including the final manufacturing process, must take
place in the U.S.
(ihJ Waivers. {f the Consultant believes that a specific item or material is not
available domestically in suf]icient quantity or r~l satisfactory quali(v, the Consultant shall
promptly notif.v the City in writing. No foreign-made iron, steel, manufactured product, or
construction material may be used unless FEMA has issued a specific waiver for that item. It
is the Consultant's responsibili(v to support any waiver request with sufficient justification
and documentation.
(iv)fi1ow-Down Requirements. The Consultant shall include this BABM
Compliance Clause in all subcontracts and purchase orders/or work or products under this
contract, ensuring compliance throughout all tiers of subrecipients, suppliers, and
.subcontmctors.
(v)Records and Audits. The Consultant shall maintain records sufficient to
demonstrate compliance with BABAA, including but not limited to: origin of materials,
percentage of U.!'JJ'.-manufactured components, and relevant certifications. These records shall
be available to the City, FEMA, and any other authorized agency upon request.
(vi) Noncompliance. Failure to comp(v with the Build America, Buy America
Act requirements may result in the withholding ofpayment, termination of contract,
debarment Ji·om future federal work, or other legal remedies as provided by law.
01203.0l)O I /835260 I B-4
(b)Financial Reporting and Pe1formance Requirements Clause
(Incorporating 2 C.F.R. § 200.327)
(i) Financial Reporting Obligations. The Consultant shall provide financial
information related to this federally funded proiect as required bv the Recipient and in
compliance with the reporting requirements of 2 C.F.R. § 200.327. Specifically, the
Consultant shall:
(1). Submit financial data using standard OMB-approved information
collections, including the Federal Financial Report (SF-425) or any successor form required
by the federal awarding agency;
(2) Provide information that is accurate, complete, and supported by
adequate documentation;
(3) Submit reports at the frequency and due dates prescribed by the
Recipient (e.g., monthly, quarterly, or as otherwise directed);
( 4) Provide project status updates, including progress toward
pe,formance goals and milestone completion, as requested.
(ii)Performance Reporting.
If required, the Consultant shall also submit performance reports that include:
• A comparison of actual accomplishments to the objectives established for the period;
• The reasons why established goals were not met, if applicable;
• Additional pertinent information including analysis and explanation of cost overruns
or high unit costs;
• Any other performance indicators or metrics defined in the project scope of work or
required by the federal awarding agency.
(iii)Record Retention and Access.
The Consultant shall maintain complete and accurate financial and programmatic records
for a minimum of three years from the date of submission oftltefinal expenditure report (or
longer if required by 2 C.F.R. § 200.334). These records shall be available for review by the
City, FEMA, DHS, the Comptroller General of the United States, or any of their duly
authorized representatives.
(iv)Remedies for Noncompliance
Failure to comply with the financial or performance reporting requirements may result in
actions including hut not limited to:
• Withholding of payments;
• Disallowance of costs;
• Termination of this Agreement;
• Suspension or deharmentfromfuturefederal awards;
• Other remedies as provided under 2 C.F.R. § 200.339 and applicable federal law.
0 1203 .0001 /835260 . l B-5
(c) Federal Contract Provisiom,· (4ppendix fl to 2 C.F.R. Part 200).
The following provisions apply to this contract in accordance with Appendix II to 2 C.F.R.
Part 200 and are required when federal funds are used:
(i)Equal Employment Opportunity (Applicable to contracts> $10,00()).
The Consultant shall comp(y with Executive Order 11246, "Equal Employment Opportunity,''
as amended by Executive Order 1 I37S, and m, s·upplemented by regulations at 41 C.F.R. part
60. The Consultant agrees not to discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin.
(ii)Davis-Bacon Act (Applicable to prime construction contracts >
$2,000 funded by HUD only).
If applicable, the Consultant shall comply with the Davis-Bacon Act (40 U.S.C. 314 l-3148),
including the payment ofprevailing wages and submission of certified payroll record;;.
(iii)Copeland "Anti-Kickback" Act (Applicable to construction or repair
contracts > $2,000).
Consultant shall comp(v with 18 U.S.C. .§ 874 and 40 U.S.C. § 3145 and the Copeland "Anti
Kickback"Act (29 C.F.R. Part 3). No part of the compensation of laborers may be returned to
the employer in the form of kickbacks.
(iv)Contract Work Hours and Safetv Standards Act (,4pplicable to
contracts> $100,000).
Consultant shall comp(v with 40 U.S.C. 3702 and 3704, as supplemented by 29 C.F.R. Part 5.
No laborer or mechanic shall work more than 40 hours in a workweek unless compensated.for
overtime at not less than one and one-halftimes the basic rate of pay.
(v)Rights to Inventions Made Under a Contract or Agreement
(Applicable to contracts with research institutions).
lf this Agreement involves the performance of experimental, developmental, or research work,
the Consultant agrees to comply with the requirements of 37 C.F.R. part 401 and any
implementing regulations issued by the federal awarding agency.
(vi)Clean Air Act and Federal Water Pollution Control Act (Applicable
to contracts> $150,000).
Consultant ,,;hall comply with:
• The Clean Air Act (42 U.S.C. §§ 7401-7671q);
" The Jrederal Water Pollution Control Act (J3 U.S.C. §§ 1251-1387); and
" All applicable standards, orders, or regulations issued under those Acts.
Consultant shall report violations to FEMA and the Regional Office of the Environmental
Protection Agency (EPA).
0[203.000[/835260.1
(vii)Debarment and Suspension (Applicable to all contracts).
Consultant certifies that neither it nor its principals are debarred, suspended, or proposed/or
debarment by any federal agency. This contract is a covered transaction for purposes of 2
C.F.R. Part 180 and 2 C.F.R. Part 3000 (FEMA suspension and debarment rules).
(viii)Byrd Anti-Lobbving Amendment (Applicable to contracts >
$100,000).
Consultant certifies that it will not and has not used federally appropriated funds to pay any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, or any employee of a Member of Congress in connection with this
federal contract.
Consultant shall complete and submit 0MB Standard Form-LLL ("Disclosure of Lobbying
Activities'~, if applicable.
(ix)Procurement of Recovered Materials (Applicable to all contracts for
items designated under EPA guidelines).
Consultant must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, and procure only EPA-designated items containing
the highest percentage of recovered materials practicable.
(x)Access to Records
Consultant agrees to provide access to the City, FEMA, the Comptroller General of the United
States, or any of their authorized representatives to any books, documents, papers, and records
of the Consultant that are directly pertinent to this contract/or auditing, examination, or
inspection purposes.
(xi)DHSIFEMA-Specific Requirements
(l)DHS Seal, Logo, and Flags: The Consultant shall not use the
Department of Homeland Security or FEMA seal, logo, or flags without prior written consent.
(2)Compliance with Federal Law, Regulations, and Executive Orders:
Consultant acknowledges that federal funding requires full compliance with all applicable
laws, regulations, executive orders, FEMA policies, and award terms and conditions.
(J)No Obligation bv Federal Government: The federal government is
not a party to this contract and is not subject to any obligations or liabilities to the non-federal
entity, contractor, or any party to the contract.
(4)Program Fraud and False or Fraudulent Statements or Related Acts:
Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies/or False
Claims and Statements) applies
0 1203.0001 /835260. I B-7
4. Section l.4, Compliance with Californfa Labor Law, is amended to add a new
Subsection (i), as follows:
0) Registration with DIR. Pursuant to Labor Code section 1771. 1, Contractor and
all subcontractors must be registered with, and pay an annualfee to, the DIR prior to and
during the pe1jormance of any work under this Agreement,
IV. Section l.4, Compliance with California Labor Law, is amended to add a new
Subsection (j), as follows:
0) 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 pe1formance of any work under this A.greement.
V. 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.
fl)) A retention of I 0% shall be held from ea~nt as a contract retention to 4IB
paid a:, part of the final payment upon imti sfoctory and-+tmely completion of services. ':r:hi&
retention shall not apply for on call agreements fur continuous service:. or fur agreements for
scheduled routine maintenance of City property or City facilities.
'\11. Section 2.3, Reimbursable Expenses, is amended to read:
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 beyond the total contract value for attending
said meetings, unless approved through a change order.
VII. Section 2.4, lnvoiccs, is amended to read:
Each month Consultant shall turnish to City an original invoice, using the City template,
or in a format ucci;;;ptublc to the City, for ull wurk pcrforn1cd and C/\..pc11.:;c:; incurrcJ durin5 thv
01203.UO()J 1855260.1 B-8
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 alt provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
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 ( frirty-five) days of receipt of Consultant's coITect 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, hut in no
case longer than 90 days from invoice submittal. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Consultant for correction and
resubmission. Review and payment by City for any invoice provided by the Consultant shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
VIII. Section 6.3, Ownership of Documents, is amended to read:
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the prope1ty of City (upon payment of any outstanding balances to the
Consultant) and shall be delivered to City upon request of the Contract Officer or upon the
termination of this Agreement, and Consultant shall have no clatm 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 f<Jr
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. § lOL such documents and materials are
hereby deemed "works made fix hire" for the City.
0 1203 000 I /835260.1 B-9
EXHIBIT "C"
SCHEDULE OF COMPENSATION
L Consultant shall perform the following tasks as follows :
A-Geotechnical services as described in Exhibit E for a lump sum price of
$15,000.
8-Detailed design services as described in Exhibit E for a lump sum price of
$193,000.
C-Additional work requested by the City shall be performed at the following
rates:
Role
Technician I
Technician II
Project Assistant II
Professional I
Staff Professional I and II
Staff Professional Ill
Project Professional !
Project Professional II
Project Professional Ill
Senior Professional I
Senior Professional II
Senior Professional Ill
Principal Professional I
Principal Professional II
Principal Professional Ill
• Denotes prevailing wage
Hourly Rate
$178.00*
$'178. 00*
$265.00
$281.00
$297.00
$350.00
$350.00
n. 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
0 1203 000 I /83 5260 I C-1
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9. NOT APPLICABLE
Ht 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. t of this Agreement.
V. The Consultant's billing rates for all personnel are attached as Exhibit C-L
0!203.0001/835260. I C-2
II:XHlBIT "D
SCHEDULE OF PERFORMANCE
L The Services shall commence following Notice-to-Proceed, and wm include the scope
ofserviccs specified in Exhibit "A" and will be completed per the durations in the
attached proposals.
H. The Contract Officer may approve extensions vb Change Order for performance of
the services for up to one (l) additional year, and in accordance with Section 3.2.
Any further extensions require City Council approval.
0 I 203.000 I /835260 l D-1
EXHIBIT "E"
CONSULTANT'S PROPOSAL
[CONTINUED ON NEXT PAGEi
Ol 203.000l/835260.1 D-l
May 7, 2026
Darius Vitkus
Associate Engineer
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
dvitkus@rpvca .gov
Proposal for Limited Geotechnical Study Portuguese Bend Landslide
Deep Dewatering Wells 1-6 -Permanent Power Project
Rancho Palos Verdes, California
Dear Mr. Vitkus,
Geo -Logic Associates (GLA) is pleased to present this proposal to perform a limited geotechnical
study to support the proposed improvements associated with providing permanent power to
service the Portuguese Bend Landslide Deep Dewatering Wells 1-6, located near the toe of the
landslide, south of Palos Verdes Drive South (PVDS).
GEOTECHNICAL APPROACH TO SCOPE OF SERVICES
The goal of the geotechnical portion of the proposed permanent power design project is to work
closely with the Power Design engineer to provide geotechnical design parameters that are
required for facility construction. Although possible overall land movement is not considered as
a requirement or the responsibility of the power design consultant team, it is essential that the
on-site experience and expertise of GLA geologists and engineers be at least acknowledged and
utilized as part of the project. This will serve to provide the most practical locations and other
geotechnical design aspects given the dynamic character of the active landslide . It is our
understanding that power pole installation will be done in accordance with existing SEC
installation guidelines and do not require specific embedment criteria.
Our geotechnical evaluation and exploration will focus on the proposed load center, which will
house an electrical switchboard, SCADA and other centrally located equipment on a new structural
concrete slab within a secure fenced area . Geotechnical explorations, testing and analysis will be
required to provide ground preparation and foundations design components for the concrete
slab foundation. Since we have intimate knowledge and experience with the site proper, we will
supplement our existing site knowledge by doing hand sampling at the load center site, collection
of near surface soils samples, and limited index testing of soils samples to develop geotechriical
design parameters for the load center site and slab . No outside excavating or drilling
subconsultants will be necessary for our study. Our engineers will review the lab testing results
and provide the appropriate geotechnical design parameters to the power design
consultant/structural engineer to be used in the slab design . The results of our study will be
775 Baywood Drive , Sui te 305, Pet aluma, CA 94954 • Ph one: (707) 953 -1837 • www.geo-logic.com
summarized in a brief Technical Memorandum including a summary of our work, result and
recommendations and signed by a licensed Geotechnical Engineer and Certified Engineering
Geologist. The following work items will be included in our study:
• Review of our previous geologic mapping and geotechnical explorations in the immediate
vicinity .
• Perform a geologic site reconnaissance to verify existing conditions at the proposed load
center site and immediate vicinity.
• Hand samp ling to collect bulk samp les of the site near-surface soils in order assess existing
conditions and obtain representative samples for laboratory testing.
• Limited laboratory testing to determine pertinent engineering properties for geotechnical
design including:
(i) Plasticity Index (ASTM D4318)
(ii) Expansion Index (ASTM D4829)
(iii) Sie ve Passing #200 (ASTM D11140)
(iv) Compaction Test (Curve, ASTM D1557)
• Geotechnical engineering analysis for foundation design parameters.
• Preparation of a Technical Memorandum providing a description of the site conditions, site
exploration and testing procedures, geotechnical engineering analysis and results and
geotechnical recommendations for site preparations, foundation design criteria and surface
drainage.
• Provide Principal Geologist/Engineer consultation .
• Project Management.
FEE
Our fees for services described above will be performed on a lump-sum basis for $15,000. Any
additiona l requested work will be calcu lated on a time and materials basis per our Standard 2026
Fee Schedule. Monthly invoices will be submitted for work completed on a percent complete
basis. If additional services beyond those listed above are required during this investigation, such
as meetings, or due to unforeseen conditions, additional authorization will be requested.
AUTHORIZATION
To authorize us to perform the services described in this proposal, please provide a Standard City
Contract, with mutually agreed upon wording simi lar to our previous geotechnical contracts with
the City.
SCHEDULE
We are prepared to commence work on this project immediately following your authorization
procedures described above. We will coordinate our field visit within 1 week of receiving
authorization. Laboratory testing will take 2-3 weeks following our site visit and our Technical
Memorandum will be available approximately 2 weeks after receipt of our laboratory testing
results.
Proposal for Limited Geotechnical Study, Portuguese Bend Landslide, Permanent Power Project
May 07, 2026
Page 2
CLOSURE
We thank you for considering GLA for this project. If you have any questions, please contact us
at (707) 953 -1837.
Sincerely,
Geo-Logic Associates
William V. McCormick, CEG
Principal Engineering Geologist
Mohsen Mahdavi, PhD, GE
Principal Geotechnical Engineer
Propo sal for Limited Geotechnical Study, Portuguese Bend Landslide, Permanent Power Project
May 07, 2026
Page 3
June 4, 2026
Darius Vitkus
Associate Engineer -
City of Rancho Palos Verdes
30940 Hawthorne Blvd .
Rancho Palos Verdes, CA 90275
dvitku s@ rpv ca.g ov
Proposal for Power Supply Design -Portuguese Bend Landslide
Deep Dewatering Well s 1-6 -Permanent Power Project
Rancho Palos Verdes, California
Dear Mr. Vitkus :
Geo-Logic Associates (GLA) and our teaming partners are pleased to present this proposal to
provide permanent power design to service the Portuguese Bend Landslide Deep Dewatering
Wells 1-6, located near the toe of the landslide, south of Palos Verdes Drive South (PVDS). As you
are aware, our team consists of the following subconsultants with their associated areas of
expertise:
• Vela Engineers Team -Electrical, mechanical and controls system, structural
• McGee Surveying Consulting -Surveying
• Geo -Logic Associates -Project Management and Civil design support
We request that the City carefully review the proposed services, as well as the exclusions, so that
we are providing all of the services the City anticipates that it will need for this project. If there are
any additional services needed that are not included in this proposal, the GLA team will revise our
scope and fee as neces sary.
POWER DESIGN SCOPE OF SERVICES -Ve la Team
The Vela team will design and coordinate new main electrical service energized by local utility
company for (6) deep water pumps . Provide mechanical control design for the pump system,
including coordination and integration of pumps, variable frequency drives, flow meters, and
water depth. Work shall include development of control sequences, control diagrams, points lists,
and coordination requirements for equipment startup, shutdown, alarms, safeties, and operating
modes.
Services Included: The following is the list of services the Vela Team shall provide on the project:
1) (1) Site visit to confirm existing conditions
2) (6) Virtual conference calls
775 Baywood Dr ive, Su ite 305, Petal u ma , CA 94954 • Phone : (7 07 ) 953-1837 • www.geo -log ic.com
3) Professional Engineers stamp and signature
4) Division 26, 27, and 28 specifications
5) Response to Plan Check Comments
6) Review and advise on Cost Estimates
7) Submittals: 60%, 90% and 100% CD's
8) Plan submittal to City agency for permitting
9) Memorandum of data collection from pre/post construction
10) Presentation to City :
a. Summary of presentations and summary
b. Prepare staff report
c. Deliver Presentation
11) Electrical:
a. Single line diagram
b. Panel Schedules
C. Load calculations
d. Voltage drop calcs
e. Site pump power layout
f . Utility power routing
g . Electrical details
h. Coordination and ARC Flash Study along with Labels for Equipment
12) Plumbing :
a. Design VFD for pumps
13) Contro ls System:
a. Design of controls for monitoring of pumps
b. Sequence of operations
c. User interface with system status
d . Details as needed
14) Structura l:
a. Design of concrete pad for main electrical service
b. Required calculations
15) Dry Utility Coordination:
a. Ele ctrica l utility coordination
b . Completion of app li cations
c. Plan submitta ls to utility companies
d. Site meeting with involved utilities
16) Construction Administration
a. Response to Bid RFl's
b. Revisions to bidding documents based on RFl's
c. Review of Bids
Proposal for Deep Dewatering Wells 1-6 -Permanent Power Project, Portuguese Bend Landslide
Jun e 04, 2026
Page 2
d . Response to RFl's
e. Review and respond to Submittals
f . (1) Pre-Bid Meeting
g. (1) Construction Meeting
h. (1) Punch walk with Final Punch List
i. Preparation of -per contractor redlines
Services Excluded: The following is a list of services and/or information not included on the
subject project, but could be provided on an additional service basis :
1) Any item not listed under the "Services Included" items shall be considered as "Excluded"
and not part of the overall Scope of Work
2) Design of Solar PV /BESS Systems (Construction Drawings)
3) Load recordings of existing panels or switchgear
4) EV charger layout and circuiting
5) Structura l Pole Base Calculations
6) Design or construction commissioning services
7) LEED documentation
8) Low Voltage/Security/Access Control/Fire Alarm/PA System Design
9) Verifying locations of existing underground utilities
10) Detail Cost Estimate
11) Attendance at bid job walks
12) Dry Utility Coordination such as Fiber, Telephone, CATV and Gas
13) All work to be performed between 7:00 am and 5:00 pm, Monday through Friday. Work
onsite outside of this period is excluded .
SCOPE OF SERVICES -McGee Surveying Consulting
Provide a Topographic Site Survey, over the area located at or near Yacht Harbor Drive,
Portuguese Bend, Rancho Palos Verdes, based upon a field survey utilizing GPS, UAV and
Conventional Survey Methods. The purpose is to conduct a comprehensive field survey to depict
the existing topography within the designated project area to collect accurate data over the area
around the proposed load center pad, six existing wells and -the access road connecting the load
center pad to the existing six wells; in support of the overall power supply design project. New
topographic data will be utilized as part of the base map for this project.
It appears as though this project is located within the City property AP#7572-019 -901, in which
case no boundary survey should be neces sary. If access to the City's GIS files is permitted, an
overlay of this parcel can be added to the topographic map . McGee will also provide one site visit
for construction staking of the load center slab and will also return to establish a surface survey
monument on the slab and up to three of the new power poles to be included in the standard
periodic surveys they perform for the city.
Proposal for Deep Dewatering Wells 1-6 -Permanent Power Project, Portuguese Bend Landslide
June 04, 2026
Page 3
Services Excluded: The following is a list of services and/or information not included on the
subject project, but could be provided on an additional service basis:
• Services required for the acquisition of any off -site easements or right-of-way, if needed.
• Potholing of any utilities .
• Placing any physical survey markers on boundary lines.
• Preparation of any plans, documents, exhibits other than those specified in the scope of
work.
• Determining encroachments or ownership of existing site improvements.
• Construction consulting services .
SCOPE OF SERVICES -Geo-Logic Team
As the Prime, the Geo-Logic team will provide project administration and management services
and coordination with the teaming partners to ensure timely progress and on-time scheduling of
deliverables. Our services will include various aspects of civil engineering support to the design
team for construction procurement, civil design support for plan sheets, preparation of a
presentation to the City, budget controls and accounting, as well as schedule management as
outlined in the RFQ.
FEE
Our fees for services described above will be performed on a Lump Sum/Percent Complete
Basis with a budget of $193,000.00 . A general breakdown of the associated fees is included in
Exhibit A (attached). Any additional requested work will be calculated on a time and materials
basis per our Standard 2026 Fee Schedule submitted with our SOQ submittal. Monthly
invoices will be submitted for work completed in that time period . If additional services
beyond those listed above are required, authorization for additional fees will be requested .
AUTHORIZATION
To authorize us to perform the services described in this proposal, please provide a Standard City
Contract, with mutually agreed upon wording similar to our previous geotechnical contracts with
the City.
SCHEDULE
We are prepared to commence work on this project immediately following your authorization
procedures described above . We will coordinate our work with City staff as appropriate. We
anticipate that the 60% submitta l can be provided approximately 6-8 weeks after authorization
and the 100% submittal for final review approximately 6 weeks after receipt of 60% comments
back from the City.
Proposal for Deep Dewatering Wells 1-6 -Permanent Power Project, Portuguese Bend Landslide
June 04, 2026
Page 4
CLOSURE
We thank you for choosing the GLA Team for this project. If you have any questions, please
contact us at (707) 953-1837 .
Sincerely,
GEOLOGIC ASSOCIATES, INC.
William V. McCormick, CEG
Project Manager/Principal Engineering Geologist
Attachment: Exhibit A -Cost Breakdown
Proposal for Deep Dewatering Wells 1-6 -Permanent Power Project, Portuguese Bend Landslide
June 04, 2026
Page 5
ESTIMATED COST BREAKDOWN-EXHIBIT A
Project: Deep Dewatering Wells 1-6 -Permanent Power Project
Location: Rancho Palos Verdes
Subconsultants Contract Type Contract Amount
Vela Engineers Team Time and Material $98,675 .00
McGee Surveying
Lump Sum $14,000.00
Consulting
Geo-Logic Associates Time and Material $63,424.00
Markups By GLA Totals
15% $113,476.00
15% $16,100.00
-$63,424.00
Total Estimate $193,000.00
Subject: FW: 7 /7 /26 Meeting -Peafowl Comments
From: ce35@mac.com <ce35@mac.com>
Sent: Monday, July 6, 2026 8:35 AM
To: CC <CC@rpvca.go\!>
Subject: 7 /7 /26 Meeting -Peafowl Comments
Could you please confirm this was received and will be shared at the Peafowl hearing on July 7th?
Thank you.
To Whom It May Concern:
We live at 73 Headland Drive in Rancho Palos Verdes and, along with our neighbors ask the City to do more peafowl
trapping in our area.
We are inundated with peafowl to the point where the sound of their screeching from dusk to dawn, and the significant
defecation all over our yards and roofs, makes it difficult to sleep or relax without thinking about them!
I guess Headland Drive is a part of the Sunnyside Ridge Peafowl Area but as the 2026 census sighting system shows, our
small area on the North and South West side of Headland had the highest recorded amount of peafowls in the
Sunnyside Ridge Area.
29 of 43 (70%) were cited on or near our area of Headland on April 8th, 2025 and 5 of 6 (83%) were cited on or near our
area of Headland on April 22nd, 2025.
It would be interesting to know how many peafowl were not seen because they are in our trees and yards instead of
being visible on the street. I bet it is way more than 43. And, as an aside, there have been many times that my wife and I
have seen more than 25 peafowl in the front yard of 98 Headland Drive alone!
Additionally our area had the second lowest decrease of all the areas between 2014 and 2026 and the lowest decrease
of all the areas between 2025 and 2026.
Add to this that the sightings on or near Headland are very close geographically (and NOT spread out through the
Sunnyside Ridge area) and you can see how the high density we are dealing with, in our part of Headland, produces the
annoying super screeching and defecation on our properties we are experiencing.
The 23 males/20 females ratio is only going to increase the peafowl population in our small area for years to come.
Please, please continue trapping and removing peafowl near the North Headland Drive area.
Thank you.
Chris and Kim Engen
73 Headland Drive
From:
Sent:
To:
Subject:
Anke Raue <ankeraue@verizon.net>
Friday, July 3, 2026 11:18 AM
CityClerk
peafowl
[Some people who received this message don't often get email from ankeraue@verizon.net. 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!!!.
50 year residents. Please continue peafowl monitoring ! !
1