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Item 20 Staff Report Consider Adopting a Resolution Authorizing the Town Manager to Enter into an Agreement with Cotton, Shires & Associates to Serve as the Town Geotechnical Consultantn COUNCIL AGENDA REPORT DATE: May 30, 2001 TO: MAYOR AND TOWN.. OUNCIL FROM: TOWN MANAGER SUBJECT: MEETING DATE: 06/04/00 ITEM NO. ? o CONSIDER ADOPTING A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH COTTON, SHIRES & ASSOCIATES TO SERVE AS THE TOWN GEOTECHNICAL CONSULTANT RECOMMENDATION: Consider adopting a resolution authorizing the Town Manager to execute an agreement with Cotton, Shires & Associates for services as the Town geotechnical consultant. BACKGROUND: On December 4, 2000 the Council considered a report on this subject and directed staff to move forward with the hiring of a geotechnical firm to serve as a consultant to the Town. The Town received three responses to the Request for Proposal (RFP). The three geotechnical firms were interviewed by a staff panel representing the Community Development and Parks & Public Works Departments. The review panel concluded that Cotton, Shires & Associates (CSA) is the best qualified to meet the needs of the Town. DISCUSSION: The Town geotechnical consultant would serve in a similar capacity to the Town Traffic Engineer or environmental consultant. When the geotechnical consultant is needed to work on a project, the following steps will be taken: • • Consultant reviews project plans and determines the type of geotechnical report that is appropriate given the type of project, site constraints, etc. Applicant obtains report from consultant of their choice Geotechnical Review Deposit paid by applicant (amount to be determined) (Continued on Page 2) PREPARED BY: BUD N. LORTZ� — DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: Attorney Clerk Finance i/ Community Development Revised: 5/30/01 9:04 am Reformatted: 5/23/01 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER HIRING A TOWN GEOTECHNICAL CONSULTANT May 30, 2001 • Purchase Order obtained from Finance • Authorization to Proceed provided to consultant upon approval by the Director of Community Development • Consultant bills Town for the work • Applicant reimbursed for any amount remaining in deposit account Typical tasks that the geotechnical consultant may be called on to provide include peer review of a geotechnical report submitted by an applicant, site analysis and preparation of a geotechnical report for a Town proposed project when warranted, preliminary review of development sites after an application is submitted, and special projects as needed such as updating the Town's geologic hazards map. Staff will work with CSA to determine an appropriate deposit amount for peer review of geotechnical reports. Qualifications: Cotton, Shires & Associates has offices in Los Gatos and Carlsbad. The firm was established in 1974 by Bill Cotton and is a full service geotechnical consulting firm that specializes in the detection, description and evaluation of geologic and geotechnical hazards. CSA was determined to be the best candidate for the position of Town geotechnical consultant for the following reasons: • CSA has extensive experience with hillside development and working with small communities CSA has extensive experience and knowledge of the geology and earthquake faults in the Los Gatos area CSA has provided geotechnical services, including peer review, to hillside communities since 1974 CSA has an established peer review process that can be tailored to meet the needs of the Town The firms' location in Town will allow easy interaction between consultant and staff, and will facilitate site visits by the consultant CSA can provide a relatively short (typically two weeks) turnaround on peer review of geotechnical reports CSA has both engineering geologists and geotechnical engineers on staff and enough depth in these positions that work from the Town can be completed in a timely manner CSA has an excellent reputation among peers and local government agencies General Plan Compliance The following implementing strategies from the General Plan support hiring a Town Geotechnical Consultant: S.I.1.1 Geologic reports: Require geological investigations for any development for projects when warranted. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: CONSIDER HIRING A TOWN GEOTECHNICAL CONSULTANT May 30, 2001 S.I.1.2 Geologic map: The Town shall update periodically its geologic map delineating known geologic hazards and faults in the Town. S.I.1.6 Require preparation of a report from an engineering geologist that reviews geologic soils and engineering reports for developments in identified geologic hazard areas. CONCLUSION: Staff recommends that the Council adopt the resolution (Attachment 1) authorizing the Town Manager to enter into an agreement with Cotton, Shires & Associates to serve as the Town Geotechnical Consultant. FISCAL IMPACT: Geotechnical peer review of development proposals will be paid for by the project applicant. The estimated cost of a peer review is $1500, but the actual cost will be based on the scope of work and the consultant's fee schedule (see Attachment 2, pages C-1 and C-2). If the Council adopts the resolution (Attachment 1) staff will prepare a follow-up report to amend the fee schedule to establish the deposit and an administrative fee for geotechnical peer review. The purpose of an administrative fee is to reimburse the Town's cost of administering the peer review. Future special projects that are contemplated for this consultant such as an update of the Town's geologic hazards map will be forwarded to the Council with a detailed proposal and budget. Attachments: 1. Draft Resolution 2. Proposal from Cotton, Shires & Associates, Inc. 3. Draft Contract cc: Ted Sayre, Cotton, Shires & Associates, 330 Village Lane, Los Gatos, CA 95030 BNL:SD N: \DEV\SUZANNE\Council\Reports1F Y2000-01 \GEOTECH2.wpd RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH COTTON, SHIRES & ASSOCIATES, INC. FOR SERVICES AS THE TOWN GEOTECHNICAL CONSULTANT RESOLVED, that the Town of Los Gatos Town Council has determined that there is a need for a Town geotechnical consultant; and RESOLVED, that the General Plan 2000 includes policies and implementing strategies supporting this action; and RESOLVED, that the Town of Los Gatos sent Requests for Proposals to six Bay Area geotechnical consulting firms; and RESOLVED, that the Town received three proposals for geotechnical consulting services; and RESOLVED, that the most qualified consultant based on the proposals and interviews conducted by Town staff is Cotton, Shires & Associates, Inc.; and RESOLVED, that project manager Ted Sayre has extensive experience with peer review, working with small communities; and has competent associates and staff to assist with services to the Town; and RESOLVED, by the Town Council that the TOWN OF LOS GATOS enter into an agreement for services as the Town geotechnical consultant. FURTHER RESOLVED, by the Town Council that the Town Manager is authorized and directed to execute the attached agreement for services as the Town geotechnical consultant on behalf of the TOWN OF LOS GATOS. Attachment 1 PASSED AND ADOPTED at a regular meeting of the Town Council held on the day of , 2001, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: /s/ Joe Pirzynski MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DE V\RESOS\Geotech.wpd 2 TECHNICAL PROPOSAL GEOTECHNICAL CONSULTANT SERVICES Prepared for the Town of Los Gatos, California April 2001 APR 2 0 2001 TOWN OF LOS GATOS OO1'',I1,MUNiiY a `VELOPMENT Attachment 2 raCOTTON, SHIRES & ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS 330 Village Lane • Los Gatos, California 95030 • (408) 354-5542 Fax (408)354-1852 • s , COTTON, SHIRES & ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS April 26, 2001 P0061 Mr. Bud Lortz Director of Community Development TOWN OF LOS GATOS 110 E. Main Street/P.O. Box 949 Los Gatos, CA 95031 SUBJECT: Technical Proposal for Town Geotechnical Consultant RE: Town of Los Gatos, California Dear Mr. Lortz: Cotton, Shires and Associates, Inc. (CSA) is pleased to submit this Technical Proposal to provide geotechnical services for the Town of Los Gatos. The following proposal was prepared in accordance with the Town's Request for Proposals dated April 3, 2001. Upon reviewing this proposal, we trust that you will find our team uniquely qualified to provide the requested services because: • We have conducted geotechnical peer review for thousands of hillside residential developments in many municipalities, where we consider regional geology, site -specific conditions and standard -of -care issues in the evaluation of proposed development projects. For over twenty-five years, we have been working with Bay area communities to develop and promote usable geologic hazard maps and related land -use policies for hillside areas. • Through this process, we have attained a level of flexibility that allows us to work with each community to develop options and solutions to meet the particular needs and goals of the community. • We recognize that existing landslides, potentially active faults and potential unstable soils are present in some portions of the Town. We have extensive, internationally recognized experience in the mapping, characterization and analysis of geologic hazards, including research -level investigations of faulting and landsliding. • Many communities consider rigid insurance requirements an essential element in protecting their interests. As specified in the RFP, we carry levels of professional liability insurance, worker's compensation insurance, automobile insurance and professional errors and omissions insurance that will likely meet or exceed the Town's requirements. Northern California Office 330 Village Lane Los Gatos, CA 95030-7218 (408) 354-5542 • Fax (408) 354-1852 e-mail: losgatos@cottonshires.com www.cottonshires.com Southern California Office 5245 Avenida Encinas • Suite A Carlsbad, CA 92008-4374 (760) 931-2700 • Fax: (760) 931-1020 e-mail: carlsbad@cottonshires.com Mr. Bud N. Lortz April 26, 2001 Paget P0061 • We do not intend to perform any work for private development within the Town. In addition, private residential developers are not part of our regular client base and we anticipate a very low potential for conflict of interest issues. Three members of our staff do own existing residences within the Town, but we believe that consultation can be provided to the Town without conflict of interest issues. We have no holdings or interest in undeveloped property within the Town. Finally, we wish to emphasize the demonstrated experience and success we have had over the years in working with community planners, building departments and public works agencies to implement hillside development policies in geologically hazardous terrain. We recognize that each community and municipality has unique goals and evaluation processes. Thus, we understand that our role will be to provide assistance within your system, and to your staff, in order to create an effective working relationship with the Town. We are also aware that our objective is to benefit the community at large and be sensitive to the needs and goals of -its citizens. We thank you for the opportunity to offer our services to the Town. We would like to express our sincere interest in undertaking this work on the Town's behalf, and our commitment to developing a successful relationship with the Town. This proposal demonstrates our understanding of the objectives and scope of work requested in the RFP, and the experience and technical ability of our firm to complete the proposed work. If you have any questions, or need additional information, please call. WRC:POS:TS:rb Respectfully submitted, COTTON, SHIRES AND ASSOCIATES, INC. ,c_ Ted Sayre Supervising Engineering Geologist CEG 1795 Patrick O. Shires Principal Geotechnical Engineer GE 770 ir6G/v William R. Cotton Principal Engineering Geologist CEG 882 COTTON, SHIRES & ASSOCIATES, INC. Technical Proposal Town Geotechnical Consultant Services Table Of Contents Page No. 1.0 Introduction 1 2.0 Experience 2 3.0 Qualifications 3 4.0 Organization 8 5.0 Project Approach 10 APPENDICES A Resumes of Key Personnel A-1 B Geotechnical Review and Public Service Sector Clients B-1 C Estimated Hours and Fees C-1 i COTTON, SHIRES & ASSOCIATES, INC. TECHNICAL PROPOSAL COTTON, SHIRES & ASSOCIATES, INC. 1.0 INTRODUCTION The Town of Los Gatos has requested proposals to provide geotechnical review services and possible future work on special projects. We are very interested in the potential for providing these services to the Town, and believe we are uniquely qualified to perform the requested geotechnical evaluations. Cotton, Shires and Associates (CSA) is a full -service geotechnical consulting firm that has provided comprehensive engineering geologic and geotechnical engineering services throughout California since 1974. Our firm specializes in the detection, description, and evaluation of geologic and geotechnical hazards, and the application of this knowledge to sound land -use planning, development, and remediation. Our expertise in this area has led to an outstanding reputation within our profession and with academic research institutions. An important aspect of CSA's services involves providing geotechnical review and consulting services to a number of communities. In this capacity, we are responsible for community -wide assessment of existing and potential geotechnical hazards, preparation of geologic hazard maps, technical review of engineering geologic and geotechnical investigations, and assistance with the development of appropriate land -use policies. 1.1 Executive Summary The following sections of this proposal outline our appropriate experience, qualifications, staff organization to complete the work, as well as our project approach. Our experience includes more than twenty-five years of performing geotechnical reviews for various communities in the greater Bay area. We are recognized experts in the fields of fault and landslide investigation and design of engineering mitigation for slope stabilization. We have a staff including 21 professionals with advanced degrees in engineering geology and geotechnical engineering. Resumes of key technical personnel, who will assist with the completion reviews, are presented in Appendix A. We have a well established, efficient 1 COTTON, SHIRES & ASSOCIATES, INC. approach to completing geotechnical reviews which has been refined over several decades of professional practice. 2.0 EXPERIENCE We currently serve as the City/Town Geotechnical Consultant for thirteen Bay area communities, and frequently are requested to provide review for special projects in many other municipalities. A list of current review clients is provided in Appendix B. For many of these municipalities, CSA has been providing review services for more than two decades. Examples of three of our long-term municipal clients, and types of geotechnical hazards in these communities, are: City of Saratoga (City Geotechnical Consultant since 1974): Expansive soil and bedrock, abundant landslides, potentially active thrust fault system, and flooding Town of Portola Valley (Town Geologist/ Geotechnical Consultant since 1972): Expansive soil and bedrock, abundant landslides, active San Andreas fault zone, potentially active thrust faults, flooding and erosion along creeks Los Altos Hills (Town Geologist/Geotechnical Consultant since 1972): Expansive soil and bedrock, abundant landslides, potentially active thrust faults, flooding and erosion along creeks Representative projects reviewed over the years by our staff range in size and scope from individual single-family homes and commercial developments to very large residential subdivisions. In the San Francisco Bay area, we are well known for our large-scale geologic maps produced for the communities of Portola Valley, Saratoga, Belmont, Woodside and Los Altos Hills, as well as the Congress Springs Landslide Map produced for the County of Santa Clara. Maps depicting relative geologic hazards were prepared as companion map folios for the communities of Los Altos Hills, Portola Valley, Saratoga, Belmont, and Congress Springs areas. The maps are utilized on a regular basis to guide development in these areas, and have significantly reduced the risk associated with building in hazardous terrains. Based on our experience of performing detailed investigations and geotechnical review for hillside residential development, CSA has developed a broad knowledge 2 COTTON, SHIRES & A.SSOCIATES, INC. of prudent safeguards for communities faced with development of geologically hazardous terrain. Our experience is well suited to the Town's goals of reducing the potential for injuries and property damages from earthquakes or other forms of geologic failures. Many years of diligent review of proposed construction projects has resulted in increased public safety and reduced liability exposure in these communities. The review procedure we have developed are designed to identify and require full evaluation of potential geotechnical problems. Accurate identification, characterization and evaluation of geologic hazards promotes prudent land -use, reduces the risk to citizens, and limits the liability exposure of public agencies. The technical background of the key individuals who will assist with completion of reviews is provided in the following Qualifications and Organization sections. 3.0 QUALIFICATIONS The designated contact person for review services is Ted Sayre, Supervising Geotechnical Review Coordinator. Other key technical individuals who will assist with completion of reviews include William Cole, Managing Engineering Geologist, David Schrier, Senior Geotechnical Engineer and Patrick Shires, Principal Geotechnical Engineer. The responsible project manager for review services is William Cotton, Principal Engineering Geologist. Information regarding the roles that these staff members will perform in the review procedure is contained in the Project Approach proposal section. All employees can be reached through our Los Gatos office number (408) 354-5542, or by leaving voice mail messages (24 hours) at this number as necessary. Messages for any specific staff member can be transmitted directly to individual e-mail addresses at our office. We will also provide emergency home contact numbers. The following statements provide a summary of various senior -level personnel who would be involved with providing services to the Town: Mr. William R. Cotton, President and Principal Engineering Geologist of CSA, will be the overall responsible project manager for completion of reviews. Mr. Cotton is a Registered Geologist and Certified Engineering Geologist in California, with over three decades of professional experience in the field of engineering geology. He is one of the most noted landslide experts in the state of California. His specialties include slope stability studies and the paleoseismicity of active faults in California. He 3 COTTON, SHIRES & ASSOCIATES, INC. provides geologic consulting and expert witness services for a number of legal firms and municipalities involved in a variety of litigation cases. His experience enables him to identify and evaluate potential geologic and seismic hazards throughout the world. He has held an Industrial Research Associate position with the Regional Landslide Research group of the U.S. Geological Survey, is a member of the Association of Engineering Geologists National Committee on landslides, and is the editor of the International Landslide Research Group Newsletter. Mr. Cotton's duties include review and supervision of all CSA's engineering geologic studies and personnel. Mr. Ted Sayre, Supervising Engineering Geologist, is a Registered Geologist and Certified Engineering geologist in California with over 18 years of experience in California and Alaska. Mr. Sayre also has a graduate degree in Geological Engineering, and uses his combined knowledge of engineering and geology to evaluate geotechnical issues for new construction, as well as to provide mitigation for distress to existing structures. He routinely supplements data from research and field mapping with strategic subsurface exploration and monitoring programs designed to further characterize landslide, fault, ground water and soil and bedrock conditions. He has extensive experience with the use of trenches and large -diameter shafts for fault and landslide characterization. Mr. Sayre is CSA's primary liaison with most communities, and is the coordinator for review of proposed development projects. Mr. Patrick O. Shires is the Vice President and Principal Geotechnical Engineer and Geophysicist of CSA. Mr. Shires provides engineering consultation pertaining to characterization of geotechnical conditions and constraints, examines the feasibility of proposed development options, and formulates alternative mitigation measures. Mr. Shires completes quality control evaluations of all geotechnical engineering aspects of reviews. He is a Registered Professional Engineer in six western states, a Registered Geotechnical Engineer in California, and a Registered Geophysicist in California with over 29 years of professional experience in the fields of geotechnical engineering and engineering geophysics. His specialties include slope stability and remedial design studies (including computer applications to slope stability analysis), dam design and analyses, and foundation engineering. Mr. Shires has also served a project manager, project engineer, or project geophysicist on a wide variety of 4 COTTON, SHIRES & ASSOCIATES, INC. geotechnical projects involving residential developments, public works projects, sanitary and hazardous waste landfills, pipelines, water wastewater facilities, dams, power plants, bridges, roads, residential and commercial structures, mining facilities, and ground water investigations. Mr. William F. Cole, Managing Engineering Geologist, is a Registered Geologist, Certified Engineering Geologist and Certified Hydrogeologist in California, and Certified Professional Geologist in Wyoming, with 20 years of domestic and international experience. He has supervised geologic and geotechnical projects in a variety of different settings, most of which involve evaluations of the behavior of various earth materials, earth movement, seismic ground shaking, and associated seismic hazards. Mr. Cole typically directs the technical and administrative phases of investigations, including analysis of all available documents and data, execution off field exploration programs, and scheduling of interim deadlines. Mr. Cole is involved with research of the influence of earthquake shaking on ground deformation and slope stability. He has served as Principal Investigator of several seismic ground failure studies funded by the National Earthquake Hazards Reduction Program. 3.1 Previous Clients and Projects Over the past 28 years, CSA has provided geotechnical consultation on literally thousands of individual projects. In lieu of preparing an exhaustive list of all clients and associated technical investigations for this proposal, we have prepared the following descriptions of representative geotechnical projects. In addition, as noted in the previous Experience Section of the proposal, a listing of current review clients and representative public service clients is presented in Appendix B. • Roadway and Slope Repair Projects for Municipalities — Over the past 19 years, CSA has provided integrated engineering geologic/geotechnical/civil engineering services for mitigation and stabilization of hillside road problems in several municipalities. Clients have included the Towns of Los Altos Hills and Portola Valley, Cities of Belmont, Pacifica and Saratoga, and Counties of San Mateo and Santa Clara. These projects involved geotechnical investigation, formulation of design criteria, preparation of design drawings, 5 COTTON, SHIRES & ASSOCIATES, INC. evaluation of contractors, and construction inspection and testing services. The projects address landslide stabilization and erosion control and included retaining walls, shear pin walls, hillside grading, ocean side revetments and drainage improvements. Following the 1989 Loma Prieta earthquake and 1998 El Nino event, CSA also performed rapid evaluations of damaged roadways and slopes for the County of Santa Clara, Cities of Saratoga, Belmont, Pacifica, San Leandro, Millbrae, San Bruno, and Town of Portola Valley, which aided in the allocation of State and Federal assistance efforts to these communities. We also assisted the Town of Los Gatos with emergency services after the 1989 Loma Prieta earthquake. • Earthquake -Triggered Landslides, Santa Cruz County, California — Large landslides in the Santa Cruz Mountains re -activated by the 1989 Loma Prieta earthquake were evaluated under contract to the U.S. Army Corps of Engineers. Investigations included detailed engineering geologic mapping, drilling and sampling of several small diameter borings, installing and monitoring inclinometers and piezometers (electronic with data loggers), and characterizing subsurface conditions. Additional studies of these and other nearby landslides, under contract from U.S. Geological Survey (NEHRP), included downhole logging and sampling of large -diameter borings, performing laboratory tests, and performing sophisticated static and seismic slope stability analyses to evaluate the applicability of current slope stability analysis methods to actual earthquake -triggered instability. The results of this research is in review for future publication as part of the U.S. Geological Survey Professional Paper series describing the geologic effects of the Loma Prieta earthquake. • Geotechnical Mitigation of Slope Failures, Pacifica, California — Heavy rains in the winter of 1996-1997 and 1997-1998 required emergency geotechnical evaluations and mitigation to protect residential structures. CSA provided engineering geologic mapping, surveying and engineering design services for the community of Pacifica so that mitigation measures could be implemented quickly. El Nino conditions of early 1998 were especially severe and CSA prepared emergency rip -rap revetment construction plans to protect a portion 6 COTTON, SHIRES & ASSOCIATES, INC. of the City's damaged coastline. Tasks included geologic mapping and surveying of unstable areas, subsurface exploration and testing, and preparation of design drawings. Mitigation measures designed for individual landslides included a catchment fence and geogrid/reinforced earth stabilization. CSA also has provided similar landslide repair services to the City of Saratoga, City of Belmont and Town of Woodside in the past several years. • Rancho Solano Subdivision, Solano County, California — Adverse geologic issues, including landslide potential, fill settlement and fault activity, that are affecting a large (1,000 acres) residential subdivision, were investigated by CSA as an independent expert for the City of Fairfield. CSA has performed extensive field exploration as part of this project, including downhole logging of 20 large -diameter boreholes; drilling, sampling and instrumentation of 22 standard -diameter boreholes; excavation and logging of 40 test pits and trenches; and detailed engineering geologic mapping. The project also involved numerical slope stability analyses, assessment of fault activity, photogeologic mapping from aerial photographs, and coordination with an extensive number of interested parties and their consultants. Landslide Characterization and Evaluation, Anaheim Hills, California — CSA investigated a Landslide that activated in 1993 in response to heavy rainfall. The landslide impacted at least 30 homes, and has been attributed to a variety of causes, which CSA evaluated. Our investigation included detailed distress mapping and surveying of roughly 150 residences, geologic mapping of the 300-home subdivision, detailed engineering geologic mapping of the active landslide, subsurface exploration consisting of downhole logging of 10- learge diameter shafts, monitoring of geotechnical instrumentation and analysis of slope stability. • Evaluation of Landslides and Geotechnical Distress, Los Angeles County — CSA has provided geotechnical consultation to Los Angeles County from the early 1980's to the present time. These projects vary in scope from reconnaissance - level evaluations of distressed structures to multi -year investigations of 7 COTTON, SHIRES & ASSOCIATES, INC. geologic, geotechnical and hydrogeologic conditions, monitoring of geotechnical instrumentation, numerical analysis of slope stability, and detailed analysis of proposed mitigation alternatives. Examples of damaging landslides investigated in recent years on behalf of Los Angeles County include the Rambla Pacifico and Big Rock Mesa landslides in Malibu, the Montellano Avenue landslide in hacienda Heights, and the Calle Montecillo landslide in Agoura Hills. CSA is also providing consultation to the Los Angeles County Metropolitan Transportation Agency pertaining to ground settlement and resulting damage claims associated with construction of subway tunnels beneath Hollywood, California. Urban Landslides, Oahu, Hawaii — Several large, actively moving, landslides affecting various communities of Oahu were investigated over a 4-year period by CSA for the City and County of Honolulu. Work included detailed engineering geologic mapping of landslide elements, evaluation of previous consultants' work, logging and sampling of small -diameter boreholes, downhole logging and sampling of large -diameter boreholdes, installation and monitoring of inclinometers and piezometers (electronic with data loggers), laboratory testing and three-dimensional slope stability analyses. The long- term stability of the landslides was evaluated with respect to the potential impacts of geologic processes and residential tract development. 3.2 Litigation Status Beyond serving as expert witnesses for several on -going litigation cases, we are not involved in any current litigation. We have not been involved in litigation resulting from our professional services within the past ten years. 4.0 ORGANIZATION CSA's staff is comprised of 26 employees, including 21 engineers and geologists with a wide range of applied experience. The core of our technical group is comprised of key professionals with extensive project experience, academic training in relevant fields, and proficiency at completing various aspects of review. The principals of our 8 COTTON, SHIRES & ASSOCIATES, INC. firm, William Cotton and Patrick Shires, set aside time on a daily basis to discuss, render opinions, or finalize review reports to expedite completion of the review procedure. Senior -level staff members who would be involved with completing review projects for the Town of Los Gatos are listed below. In addition, CSA currently employs five staff geologists and engineers who will complete some of the time consuming data compilation and data collection phases of the geotechnical review procedure. We anticipate that 8 to 10 technical staff may assist in providing services to the Town in any given year. Resumes are provided in Appendix A for the 5 senior staff members listed below with professional registrations. Additional resumes for all staff level engineers and geologists will be submitted upon request. Senior Staff Ted Sayre William F. Cole David T. Schrier Patrick O. Shires William R. Cotton Years Professional Title Experience Supervising Engineering Geologist/Engineer Managing Engineering Geologist Senior Geotechnical Engineer Principal Geotechnical Engineer/Geophysicist Principal Engineering Geologist 4.1 Review Time Constraints 18 20 15 29 33 Our geotechnical review process has been developed and revised over many years to maximize the efficiency of the system while maintaining the dependability and consistency of our recommendations. The review procedures is organized to provide the Town with a ten working day turn -around period from the time we receive a transmittal of pertinent documents from the Town to the day our completed review letter -report is mailed, faxed or delivered to the Town. Our review period may exceed ten working days when: (1) pertinent supporting documents are incomplete or not submitted, (2) clarification of geotechnical evaluations and / or design recommendations is necessary from the applicant's consultant, (3) the size of the property or proposed development is unusually large, or (4) geotechnical conditions or potential constraints to development are particularly complex. In these cases, we 9 COTTON, SHIRES & ASSOCIATES, INC. will notify the Town of the anticipated schedule changes as soon as the condition becomes apparent. Conversely, we will respond in less than ten working days when a more rapid turnaround is needed by the Town. It is not unusual for us to expedite our review evaluations and provide faxed review recommendations for incorporation into Planning Commission packets. 5.0 PROJECT APPROACH The Town of Los Gatos has requested proposals to provide geotechnical review services consisting of geologic and geotechnical engineering evaluations and preparation of recommendations to the Town in the form of conditions of approval. In addition, we understand future work may include special projects such as preparation of a geologic hazard checklist or updating of the Town's geologic hazards map. CSA proposes to provide review services to the Town on an "on -call basis", in a manner similar to services currently provided to other municipalities, in which our firm acts as a consultant to the Town staff. An overview of our established review procedure is presented in Figure 1. This figure illustrates how an individual review is tracked and completed by appropriate members of our staff. The following statements summarize our approach to review projects. CSA recognizes that the process of geotechnical review serves to ensure that potential geologic and geotechnical hazards (e.g., landslides, earthquake faults, expansive soils, settlement, shallow groundwater, seepage, etc.) are recognized, characterized, and mitigated. The importance of competent and reliable geotechnical review has been magnified over the past decade because of the combined affects of high property values, declining number of relatively stable and geotechnically uncomplicated lots remaining within urban hillside areas, and the current legal climate. Significant financial loss and the need for extensive repair measures may result solely from poor soil conditions or the utilization of inappropriate foundation design. Even greater and more expensive problems occur in geologically sensitive hillside areas. Such potential losses can have devastating economic impacts at the community level, as well as to individual homeowners. It has been demonstrated 10 COTTON, SHIRES & ASSOCIATES, INC. t kf§R2 kt{ )ƒf®\_E0= k§ 582 )k §8#em c_ co_,=§f {f = a r 8 @ - e 22 $)»SE£�Eca 22 c�*°[2«/¢= c00 _ 3 � )!v o ƒ° [f a±§320E\z. kk {0 0 kk d§ + o ° k 7}} fTk g.o [I @ 2 > / E;a a o.§ CD 2.c E2§% ES' at E%a 32I�ƒeL§§ I \ \a) 2 4E \�/\ c/ - o `/ _ I2=23 CL 20 Ej 2.9 0 �-a $ as �ecoo 6 . , . + cu „$ E Ts §; 0 2 • , _. 22 & ) =CDc� o=)�� 0$�m #§t00 §�07 = 0. k.52 O U'''' 7bEba < « 3 2 2 i 0 a) CL $ cn O @ Cr) Mail to Town o. § x At + • Flow chart of Geotechnical Review Procedure established by CSA. that geotechnical review dramatically reduces potential losses to both private and public properties. 5.1 Geologic and Geotechnical Review Procedure Upon receiving authorization by the appropriate Town representative, we will initiate our review procedure, which typically involves two phases: (1) an initial Field Review, and (2) subsequent Review of Geotechnical Reports. We have found that the following two phase approach works best for geotechnically complicated projects such as proposed subdivisions in a hillside setting. Some communities select to combine both phases of review together for relatively uncomplicated, single residential lots. 5.1.1 Field Reviews — This first phase of review provides an opportunity for the Town to set the stage by defining current site conditions, project concerns and/or hazards which should be addressed by the applicant/developer's consultants. The Field Review phase of review includes the following tasks: • review of available geologic and geotechnical data, induding published maps and any available property -specific technical maps and reports; • field inspection of current site conditions for proposed construction (including upslope and downslope areas with potential impacts to the proposed development area); • geologic and geotechnical engineering evaluation of local conditions and available data with respect to proposed construction; and • preparation of a written review letter -report summarizing site conditions, potential constraints to proposed development, and recommended action to investigate and mitigate site constraints. Typically, CSA field inspections involve reconnaissance -level field mapping of topography (slope steepness, cut and fill slopes, etc.), cultural features (existing 11 COTTON, SHIRES & ASSOCIATES, INC. structures, utilities, foundation distress, etc.), drainage patterns and features (gullies, streams, ground water seeps, residential drainage, leachfields, etc.), and probable distribution of earth materials and geologic features (artificial fills, soil and colluvium, bedrock, landslide deposits, geologic contacts, faults, etc.). Photographs of field conditions acquired during site inspections will be maintained in our project archives and will be provided to the Town upon request. 5.1.2 Review of Geotechnical Reports — Our review letter -report submitted as part of the Field Review phase provides recommendations as to how to proceed with the completion of the site specific Geotechnical Investigation (report). The second phase of review involves Review of Geotechnical Report that has been prepared by the Project Geotechnical Consultant for the applicant/developer. Preferably, the consultants would use the first review letter -report (i.e., submitted as part of the Field Review) as a guide in providing appropriate geologic data and geotechnical design criteria. Investigative soils and/or geology reports that have been prepared for proposed developments are reviewed and evaluated in order to ensure that: (1) site conditions have been properly characterized, (2) supporting geotechnical data are adequate and consistent with conclusions concerning site conditions, (3) constraints to the proposed development have been identified and evaluated, (4) geotechnical design criteria and construction recommendations are appropriate for the proposed development and consistent with the standard of care, and (5) provisions of the Fremont Municipal Code and pertinent Town policies are satisfied. Particular attention is given to determining whether potential seismic hazards, slope instability, flooding, and expansive soils are addressed in geotechnical design recommendations for foundation design, earthwork activities and site drainage improvements. Surface and subsurface drainage issues are of particular importance in areas of marginal slope stability. Evaluation of potential offsite impacts of proposed construction is also an important consideration for new developments. Based on review and evaluation of the submitted geotechnical report, development plans and all other available data, a review letter -report will be prepared that recommends either approval or non -approval of a particular development application. 12 COTTON, SHIRES & ASSOCIATES, INC. If the application is approved, then the review letter -report will describe the conditions of approval that need to be satisfied prior to specific development steps (e.g., issuance of permits, certificates of occupancy). If the application is not approved, then our review letter -report will provide recommendations for supplemental investigation, technical analysis or design criteria to be provided in an addendum report. Our system of geotechnical review is structured so that experienced staff- and senior - level geologists and engineers generally perform the most time-consuming tasks (i.e., background search, compilation of data, preparation for field inspection and the actual mapping of site conditions) under the direction of Supervising/Managing or Principal Geologists and Engineers. Accumulated field data is evaluated in detail at our office by appropriate, more senior members of our staff. Pertinent geologic issues and engineering concerns are discussed with the Principals of the firm, and appropriate review comments or recommendations are formulated. Complicated geotechnical inspections or response to emergency situation would typically be handled by Managing- or Principal -level personnel. 5.2 Special Studies — In addition to providing review services, CSA is available to perform a range of engineering geologic and geotechnical engineering services for the community, including design -level investigations for municipal projects, construction inspection, field and laboratory testing services, and other geologic/geotechnical consultation. CSA also provides a wide variety of other services to communities, and some of these may be applicable to the Town. • preparation/update of Town geologic hazard maps; • preparation of geologic/geotechnical checklists for application packets; • emergency response and coordination; • assistance in preparation/revision of hillside development guidelines; 13 COTTON, SHIRES & ASSOCIATES, INC. • full design and preparation of drawings and specifications for roadway repairs, retaining walls, grading and landslide mitigation projects; • assistance with formulating measures to reduce maintenance cost of capital improvements within landslide areas; • monitoring of landslide hazards; and • litigation support and expert witness testimony. Field and laboratory construction testing services can also be performed to verify compliance with local codes and sound engineering practice. Our field and laboratory tests are performed in accordance with the most recent ASTM or UBC procedures. We would typically request 48-hour advance notification for scheduling of field construction inspection services; however, we can be available for immediate mobilization when advance scheduling is not possible (e.g., emergency response). We will provide after-hours telephone numbers for key staff for emergency situations. The philosophy and goal of CSA is to provide geotechnical services of the highest quality. Our organization enjoys a widely recognized ability to clearly convey complicated technical information in a manner suitable to audiences ranging from other earth science professionals to laypersons with limited technical knowledge. Additionally, we are experienced at working with interdisciplinary teams composed of individuals with broad areas of expertise including: architects, engineers, planners, design professionals, attorneys, city and county staff personnel, and elected officials. Our principals and senior staff remain actively involved in every CSA project. 5.3 Review Constraints/Problems and Conflict of Interest Generally, the cost of the geotechnical review is directly related to the relative complexity of the site and the adequacy of the submitted documents. In performing review services, we work closely with both the Town and the Project Geotechnical Consultant to streamline the review process. Often, telephone communication with 14 COTTON, SHIRES & ASSOCIATES, INC. the Project Geotechnical Consultant followed by appropriate written documentation can save significant time in addressing technical concerns. It has been our experience that such open, initial discussion ultimately helps to reduce the cost for review, as well as expedite the effort put forth by the Project Consultant in addressing review comments. CSA does not currently pursue or intend to pursue private land development work within the Town, and we do not anticipate any significant conflicts of interest. We have a long term professional relationship with California Water Service Company which may operate water storage and distribution facilities within the Town. We do not expect that this relationship would create a conflict of interest. However, if a geotechnical project for California Water Service Company occurred within the Town requiring third party geotechnical review, a separate third party reviewer could be contracted by the Town. In a similar manner, a third party reviewer could be retained to evaluate proposed development within a specified radius of any residence owned by CSA staff (three staff members own residences within the Town). We have effectively resolved potential conflicts of interest in other communities where we provide geotechnical consulting services in this manner. 5.4 Development in Areas of Natural Hazards With over 25 years of experience performing detailed investigations and geotechnical review for hillside residential development, CSA has developed a broad knowledge of prudent safeguards for communities faced with development of geologically hazardous terrain. Many years of diligent review of proposed construction projects has resulted in reduced liability exposure and increased public safety in these communities. The review procedures we have developed are designed to identify and require full valuation of potential geotechnical problems. Accurate identification, characterization and evaluation of geologic hazards promotes prudent land -use, reduces the risk to citizens, and limits the liability exposure of public agencies. 15 COTTON, SHIRES & ASSOCIATES, INC. 5.5 Policies for Updating Maps Completion of site specific geotechnical investigations, including subsurface exploration, may provide a basis for modifications to existing geologic hazard maps. We recommend that a procedure be adopted whereby an applicant, based on site specific geotechnical data, can propose and apply for a map modification. The geotechnical reviewer should evaluate the technical merits of proposed map modifications and recommend approval or denial of the change. In addition, the geotechnical reviewer should be allowed to submit written recommendations for modification of the maps if such modification is warranted by available geologic data. 16 COTTON, SHIRES & ASSOCIATES, INC. APPENDIX A RESUMES OF KEY PERSONNEL COTTON, SHIRES & ASSOCIATES, INC. CURRICULUM VITAE - WILLIAM R. COTTON President Principal Engineering Geologist Current Address COTTON, SHIRES AND ASSOCIATES, INC. 330 Village Lane Los Gatos, California 95030-7218 Phone: (408) 354-5542, FAX: (408) (408) 354-5542 email: losgatos@cottonshires.com Registration Registered Geologist in California Certified Engineering Geologist in California Certified Professional Geologist Education M.S. Geology: San Jose State University, California, 1967. B.A. Geology: San Jose State University, California, 1962. Representative Experience Mr. Cotton has over three decades of professional experience in the field of engineering geology. He has performed and coordinated numerous geologic and geotechnical investigations, associated with a broad spectrum of land -use applications, ranging from site specific studies to broad, regional investigations. He has conducted or supervised hundreds of significant landslide and slope stability investigations throughout California and Hawaii. He has studied landslides internationally, participating in field workshops on landslides in Japan, Australia, Tasmania, New Zealand, Switzerland, Austria, Italy, Canada, Mexico, Puerto Rico, Czech Republic, Slovak Republic, Spain and England, as well as being retained by the U.S. Bureau of Reclamation and the Government of China to study landslides affecting (or affected by) the Three Gorges Dam project in the People's Republic of China. His extensive experience throughout California, and continual participation in scientific research, as well as private consultation, make him uniquely qualified to provide general guidance, as well as specific information, on projects conducted throughout the state. He recently held the position of Consulting Professor of Engineering Geology in the Department of Applied Earth Sciences a t Stanford University. Mr. Cotton provides consultation to a diverse clientele, including governmental and other public agencies, utilities, municipalities, engineering and architectural firms, private property owners, and prospective developers. He is currently providing consultation to the County of Los Angeles Metropolitan Transportation Agency regarding the influence of geotechnical conditions on ground settlement associated with subway tunnel construction, and associated impacts on existing structures. In addition, he is providing consultation to Pacific Gas & Electric Company and the City and County of Honolulu regarding methods of assessing and stabilizing unstable hillslopes. He recently served as the Lead Geologist; responsible for evaluating fault activity and associated seismic parameters, in the preliminary design study for a roller compacted concrete dam on the Carmel River in Monterey County, California. Mr. Cotton has studied the impacts of landslides and seismic hazards for his entire career, including post -earthquake observations and investigations following the 1971 San Fernando, 1983 Coalinga, 1984 Morgan Hill, and 1989 Loma Prieta earthquake. He continues to be active in geologic research, and has performed numerous detailed surface and subsurface geologic COTTON, SHIRES & ASSOCIATES, INC. WILLIAM R. COTTON (cont.) investigations of active and potentially active faults, with the support of the U.S. Geological Survey, to determine the size and recurrence interval of late Quaternary earthquakes. Major fault systems in California studied by Mr. Cotton include the following: • San Andreas (Santa Cruz, Santa Clara, Marin, • Sargent-Berrocal (Santa Clara County) • Calaveras (San Benito County) • Pilarcitos (San Mateo County) • Seal Cove -San Gregorio (San Mateo County) • Hayward (Santa Clara, Alameda counties) • Tularcitos and Cachagua (Monterey County) Monterey counties) • Pleito (Kern County) • San Gabriel (Los Angeles County) • San Fernando (Los Angeles County) • San Jacinto (Riverside County) • Rose Canyon (San Diego County) • White Wolf (Kern County Professional History President, Principal Engineering Geologist, 1974 - Present; William Cotton and Associates, Inc., Los Gatos, California. Stanford University, Consulting Professor of Engineering Geology, Department of Applied Earth Sciences, 1990 - 1993. Geologist, 1970 —1972; U.S. Geological Survey Branch of Western Environmental Geology, Menlo Park, California. Senior Engineering Geologic Consultant, 1964 - 1970; Leighton and Associates, Inc., Irvine, California. Appointments Landslide Specialist, U. S. Board of Reclamation, Three Gorges Dam Project, Wuhan, China Industrial Research Associate, U. S. Geological Survey National Committee on Landslides, Association of Engineering Geologists Downhole Logging Subcommittee Association of Engineering Geologists Field Conference Committee for the 1989 International Geologic Congress, Washington, D.C. Editor International Landslide Research Group Newsletter Professional Affiliations Association of Engineering Geologists Earthquake Engineering Research Institute American Society of Civil Engineers Geological Society of America Seismological Society of America American Institute of Professional Geologists Publications and Research A bibliography of technical reports, abstracts and publications is available on request. COTTON, SHIRES & ASSOCIATES, INC. CURRICULUM VITAE - PATRICK O. SHIRES Vice President Principal Geotechnical Engineer Principal Geophysicist Current Address COTTON, SHIRES AND ASSOCIATES, INC. 330 Village Lane Los Gatos, California 95030 Phone: (408) 354-5542, FAX: (408) 354-1852 email: losgatos@cottonshires.com Registration Registered Geotechnical Engineer in California, Registered Geophysicist in California Registered Professional Civil Engineer in California, Colorado, Hawaii, Idaho, Oregon, and Washington Education M.S., Civil Engineering: Stanford University, Stanford, California, 1975 B.S., Stanford University, Stanford, California, 1972 Representative Experience As Principal in Charge of all CSA geotechnical and civil engineering projects, Mr. Shires' responsibilities range from investigation, analysis and product review to final design participation and project management for large projects. Mr. Shires remains actively involved in the engineering investigation, design, construction, and review for technical investigations. In addition, he is qualified as an expert witness in Civil/Geotechnical Engineering and has testified at over 55 trials and binding arbitrations as an expert witness, including trials resulting in landmark legal decisions involving natural watercourse and earth movement issues. Mr. Shires has over 29 years of professional experience in the fields of geotechnical and civil engineering throughout the western United States. In the early part of his career, h e supervised the technical investigation and engineering analyses for many water and wastewater treatment and distribution facilities, dams, nuclear- and fossil -fuel power plant and high-rise building sites throughout the western United States. He investigated over 50 dam sites and was the chief design engineer for a 160-foot high rockfill dam in Arizona. At his present position, Mr. Shires has specialized in slope stability investigations on over 350 landslide projects, 30 of which have been in southern, 11 in central, and over 300 in northern California, and eight in Hawaii. He has supervised many major landslide investigation projects, including the Big Rock Mesa, Rambla Pacifico, and Anaheim Hills landslides in southern California; the Love Creek, Permanente Quarry, Codorniu Napa and hundreds of other landslides in northern California; and the Manoa, Ailuna-Leighton and other landslides in Hawaii, as well as flooding issues associated with major storm events on the big island of Hawaii. In addition, he has specialized in the investigation of failures associated with river and creek flooding, including levee failure and design issues. Mr. Shires regularly participates in International Field Workshops on Landslides, including workshops in Japan, Australia, New Zealand, Switzerland, Austria, Italy, Czech Republic, Slovak Republic, Spain and England. He is experienced in the use of sophisticated slope stability analysis tools, including two- and three-dimensional limit equilibrium methods and finite element modeling. COTTON, SHIRES & ASSOCIATES, INC. PATRICK O. SHIRES (cont.) Mr. Shires has specialized in the design of remedial measures for dealing with slope stability problems, including the design of grading plans, retaining wall structures, shear pins, tiebacks and extensive drainage works.. He has been the chief design engineer on over 100 landslide repair projects, including designing a coastal revetment to protect the Esplanade Avenue bluff in Pacifica and extensive slope repairs to protect homes below the Knockash Hill rockslides in San Francisco. He investigated landsliding for the Yangtze Water Resource Commission's Three Gorges Dam project in China and is the MTA geotechnical engineering expert for their Redline Tunnel distress litigation in Los Angeles. His areas of expertise include: • Landslide mitigation and flooding and levee stability • Waterway and coastal engineering and design • Geotechnical design for water and wastewater facilities • Grading (filling & excavation) design and practice • Roadway, parking, pavement and drainage design • Earth movement expert • Foundation design • Retaining wall design • Expansive soil design • Construction inspect-ion/testing As Principal Geophysicist, Mr. Shires has provided Quality Assurance for investigations a t P.G.&E.'s nuclear power plants in California. Over the past 28 years, he has conducted and managed a wide variety of geophysical studies, including: • Seismic surveys for buried pipelines • Gravity and seismic surveys for tunnels • Surface surveys for regional seismic analyses • Magnetic and earth resistivity surveys for environmental hazards exploration • Surface and downhole seismic surveys for landslide investigations • Seismic studies of waste disposal landfills and tailings dumps • Downhole, crosshole and/or surface seismic surveys for over 30 dams Professional History Vice President, Principal Engineer, Principal Geophysicist, 1983 - Present; Cotton, Shires and Associates, Inc., Los Gatos, California Supervising Geotechnical Engineer and Geophysicist, 1972-1983; Earth Sciences Associates, Inc., Palo Alto, California Professional Affiliations American Society of Civil Engineers Computer Oriented Geologic Society Earthquake Engineering Research Institute Society of Exploration Geophysicists Appointments American Society for Testing and Materials California Geotechnical Engineers Association Bay Area Geophysical Society Consulting Engineers Association of California Industrial Research Associate: United States Geological Survey, Menlo Park, California Past Member /Chairman: Architectural Site Control Commission, Portola Valley, California Expert Consultants Panel Member: City of Rancho Palos Verdes, California Arbitrator: California Ridge Development, San Jose, California Independent Geotechnical Expert: Rancho Solano Development, Fairfield, California; Knockash Hill Rockslides, San Francisco, California; Buck Center/Partridge Knolls Landslide, Novato, California; Jackson Meadows Subdivision Slope Stability, Morgan Hill, California Selected Publications Available Upon Request COTTON, SHIRES & ASSOCIATES, INC. CURRICULUM VITAE - TED M. SAYRE Supervising Engineering Geologist/Geological Engineer Registration Registered Geologist in California, RG 5711; Certified Engineering Geologist in California, EG 1795; and Engineer in Training (EIT passed 1986). Education M.E., Geological Engineering: Colorado School of Mines, Golden, Colorado, 1985 B.A., Geology: University of California, Berkeley, California, 1981 Representative Experience Mr. Sayre has 18 years of experience in the fields of engineering geology, geological engineering, and hydrogeology. As a supervising engineering geologist with Cotton, Shires and Associates, Inc., Mr. Sayre helps to administer a variety of projects. In this capacity, he is responsible for overall project supervision and coordination, compilation, collection and analysis of geologic and geotechnical data, and preparation and presentation of technical maps and reports. In addition, his duties include analysis of aerial photographs, field mapping of bedrock and surficial deposits and subsurface geologic exploration. Mr. Sayre uses his combined background of engineering geology and geological engineering to investigate and resolve interrelated geologic and geotechnical issues. This background is especially useful when investigating landslide or seismic hazards that require close coordination between geologic characterization and engineering mitigation of the hazard. As a geologist, he has worked on a variety of projects in Alaska, California, Hawaii, Nevada, and Oregon. As a geological engineer and hydrogeologist with the U. S. Geological Survey Nuclear Hydrology Program, Mr. Sayre conducted research to investigate water flux through the unsaturated zone at Yucca Mt., Nevada. This work was part of a detailed characterization program to evaluate candidate sites for the nation's first high-level nuclear waste repository. Mr. Sayre currently is responsible for the coordination of geotechnical peer review, including evaluation of proposed land divisions and building permit applications, for several San Francisco Bay Area communities. Proper recognition, characterization and mitigation of unstable ground are topics Mr. Sayre critically examines in his review capacity on a regular basis. In addition, evaluation of other common Bay Area seismic hazards such as surface fault rupture, amplified ground shaking, liquefaction and seismically induced slope failure are also part of Mr. Sayre's responsibility as a quality control reviewer of development safety. After the 1989 Loma Prieta earthquake, Mr. Sayre worked with the Santa Cruz County Earthquake Recovery Unit as a Supervising Engineering Geologist where he assisted in technical review of hundreds of building permit applications for repair of seismically damaged structures. More recently, Mr. Sayre has completed many residential damage assessments for local communities impacted by El Nifio induced landslides. Affiliations Association of Engineering Geologists Geological Society of America COTTON, SHIRES & ASSOCIATES, INC. CURRICULUM VITAE - WILLIAM F. COLE Managing Engineering Geologist Current Address COTTON, SHIRES AND ASSOCIATES, INC. 330 Village Lane, Los Gatos, California 95030-7218 Phone: (408) 354-5542, FAX: (408) 354-1852 email: bcole@cottonshires.com Registration Registered Geologist in California and Wyoming Certified Engineering Geologist in California Certified Hydrogeologist in California Education M.S. Geology: Texas A & M University, College Station Texas, 1980 B.S. Geology: Texas A & M University, College Station Texas, 1977 Professional History Supervising - Managing Engineering Geologist, 1986-Present; Cotton, Shires and Associates, Inc., Los Gatos, California Senior Project Geophysicist/Engineering Geologist, 1980-1986; McClelland Engineers, Inc., Ventura, California Project Geologist, 1978-1980, Center for Engineering Geosciences, Texas A & M University, College Station, Texas Exploration Geologist, 1977, Paul J. Weir Company, Chicago, Illinois. Professional Experience Mr. Cole has more than 20 years of consulting experience in engineering geology, coastal processes, mineral and water resource evaluation, hazard assessments and related earth sciences. He has had a variety of experience with geotechnical projects in numerous domestic and international settings, with particular expertise in slope stability, seismic hazards and evaluation of construction -related geotechnical issues. He is currently responsible for supervising and conducting various types of engineering geologic investigations with the firm of Cotton, Shires and Associates, Inc. He is familiar with field investigative techniques for the assessment of earth movement, flooding and erosion, sedimentation, and fault rupture hazards, has performed coastal erosion and marine (offshore) geotechnical studies, and evaluates post -construction distress. His experience has led to requests to serve on National Earthquake Hazards Reduction Program review panels and participate in U. S. Geological Survey instructional workshops. Recent examples of Mr. Cole's experience with the evaluation of active geologic processes include: (1) investigation of a landslide that was discovered during construction of a buried water storage tank in Santa Barbara County, California; (2) evaluation of several landslides on the island of Oahu, Hawaii; (3) detailed investigations of deep-seated bedrock landslides in Marin, Contra Costa, Orange and Los Angeles Counties, California; (4) dam deformation study of Coyote Dam, Santa Clara County; (5) slope stability and fault rupture evaluation for reconstruction of an elementary school in Berkeley, California; (6) seacliff erosion study in Santa Cruz County, California; (7) geologic studies of harbor siltation and contamination problems for the City of San Buenaventura, California; and (8) risk assessment of pipeline damage associated with landslides impacting PG&E gas lines in San Benito and Monterey Counties, California. COTTON, SHIRES & ASSOCIATES, INC. WILLIAM F. COLE (cont.) His consulting experience includes the following types of projects: • Geologic studies of earth movement and earth processes, such as landslide, liquefaction, shallow groundwater, flood, and fault rupture potential, for the design and construct -ion of engineered works in northern and southern California, including buildings, roads, oilfield facilities, landfills, power plant, dams, tunnels and pipelines; Evaluation of coastal and fluvial processes pertaining to erosion and protection of facilities in California and Texas; • Seismic hazard analyses of large engineered structures located in Alaska, California, Utah, and Saudi Arabia; • Drilling hazard investigations for oil and gas wells located offshore Alaska, California, Texas, Louisiana, Alabama, and Florida, west Africa, Peoples' Republic of China, and Brazil; • Geotechnical studies of distressed structures involving expansive soil and bedrock materials, earthquake shaking, ground settlement, landslide and creep processes, and ground water; and • Peer review of land -development projects for local and regional agencies in the San Francisco and Los Angeles metropolitan areas. Professional Affiliations Geological Society of America American Geophysical Union Association of Engineering Geologists American Society of Civil Engineers International Association of Engineering Geologists American Association of Petroleum Geologists Earthquake Engineering Research Institute Publications and Research A bibliography of technical reports, abstracts and publications is available on request. COTTON, SHIRES & ASSOCIATES, INC. CURRICULUM VITAE - DAVID T. SCHRIER Senior Geotechnical Engineer Registration Registered Geotechnical Engineer in California, No. 2334 Registered Professional Civil Engineer in California, No. 47816 Education M.S., Civil Engineering: Stanford University, Stanford, California, 1986 B.S., Applied Earth Science: Stanford University, Stanford, California, 1985 Professional History Senior Geotechnical Engineer, 1996 - present; Cotton, Shires & Associates, Inc., Los Gatos, California. Project Geotechnical Engineer, 1990 - 1996; Harlan Tait Associates, Inc., San Francisco, California. Assistant Professor of Civil Engineering, 1988 - 1990; University of Los Andes, Bogota, Colombia. Staff Geotechnical Engineer, 1986-1988; Harlan Tait Associates, Inc., San Francisco, California. Representative Experience Mr. Schrier has over 15 years of professional experience in the field of geotechnical engineering. Recently he has acted as project engineer for several landslide investigation and repair projects including: the investigation and repair of a deep seated landslide which was affecting several houses, a roadway, and an 8-foot diameter municipal water pipeline in San Mateo County; the investigation and repair of a debris flow affecting residence in the City of San Bruno; the investigation and preparation of plans and specifications for the repair of slopes affecting roads for the cities of Woodside, Healdsburg, Los Altos Hills, and Belmont; and analysis of slope failure in residential areas for litigation. He also assists in geotechnical peer reviews by evaluating foundations design and hillside stabilization plans for San Francisco Bay area communities. As a project engineer, Mr. Schrier performed geotechnical engineering analysis, and prepared reports, designs, plans and specifications. His experience in engineering analysis for landslide related projects includes: analyzing laboratory data, determining static and seismic slope stability, and determining seismic displacement magnitudes. Mr. Schrier has designed retaining walls, buttress repairs, and drainage mitigation measures. He has an extensive background working with UTEXAS3 slope stability programs, FEADAM for the finite element analysis of dams, SHAKE for the determination of surface acceleration from earthquakes, and DISPLMT for determination of permanent seismically induced displacements. His areas of expertise include: • Slope stability analysis; • Design of repairs and mitigation measures for failed slopes; • Erosion control and drainage design; • Grading design and practice; and • Construction inspection and testing. COTTON, SHIRES & ASSOCIATES, INC. APPENDIX B GEOTECHNICAL REVIEW CLIENTS AND PUBLIC SERVICE SECTOR CLIENTS COTTON, SHIRES & ASSOCIATES, INC. GEOTECHNICAL REVIEW CLIENTS CITY OF BELMONT 1070 Sixth Avenue, Suite 306 Belmont, CA 94002 CITY OF BRISBANE 50 Park Lane Brisbane, CA 94005 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF FREMONT 39550 Liberty Street Fremont, CA 94530 CITY OF LARKSPUR 400 Magnolia Avenue Larkspur, CA 94939 TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, CA 94022 CITY OF MORGAN HILL 17555 Peak Avenue Morgan Hill, CA 95037 CITY OF PACIFICA 170 Santa Maria Avenue Pacifica, CA 94044 CITY OF PLEASANTON P.O. Box 520 Pleasanton, CA 94566 TOWN OF PORTOLA VALLEY 765 Portola Road Portola Valley, CA 94028 John Curtis, Director of Public Works/ City Engineer (650) 595-7427 Carlos DeMelo/John Livingston, Planners (650) 595-7440 Carole Nelson, Planning Director (415) 508-2120 Ciddy Wordell, Planner (408) 777-3236 Rob Wilson, City Engineer (510) 494-4680 Ronn Fong, Senior Civil Engineer (510) 494-4698 Jan Vazquez, Planning Director (415) 927-5025 John Hill, City Engineer (415) 897-6177 Carl Cahill, Planning Director (650) 941-7222 Joan Hall, Building Division (408) 779-7241 Scott Holmes, Director of Public Works/ City Engineer (650) 359-9777 Steven Brandvold, Building Official (650) 738-7342 Joseph Elliott, Director of Public Works & Utilities (925) 484-8015 Leslie Lambert, Planning Coordinator (650) 851-1700 ext. 12 George Mader, Town Planner (650) 854-6001 B-1 COTTON, SHIRES & ASSOCIATES, INC. CITY OF RANCHO PALOS VERDES 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 CITY AND COUNTY OF SAN FRANCISCO Department of Building Inspection San Francisco Permit Center San Francisco, CA 94103 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 CITY OF SOUTH SAN FRANCISCO 315 Maple Avenue South San Francisco, CA 94080 Les Evans, City Manager (310) 544-5205 Dean Allison, Director of Public Works (310) 544-5252 Hanson Tom, Manager, Department of Building Inspection (415) 558-6157 Bill Huber, City Manager (949) 443-6336 Dan McFarland, Building Official (949) 443-6340 John Cherbone, Public Works Director (408) 868-1224 Dennis Chuck, Acting City Engineer (650) 829-6652 Richard Harmon, Development Review Specialist (650) 829-6654 B-1 COTTON, SHIRES & ASSOCIATES, INC. PUBLIC SERVICE SECTOR CLIENTS In addition to our current municipal clients, we are providing a representative list of clients for other projects that included public service components: David Casselman Wasserman, Comden and Casselman (law firm representing Los Angeles County in geotechnical distress cases) (818) 705-6800 George Mader, President Spangle Associates (urban planners for several communities) (650) 854-6001 Mike Rossi, Chief Engineer California Water Service Company (408) 367-8245 Bruce Schwartz Schwartz, Wisot & Wilson (law firm representing client in Anaheim Hills landslide case) (310) 277-2323 Alan Jones, Manager, Roads Engineering Santa Clara County Roads & Airports Department (408) 299-2372 William D. Page Pacific Gas & Electric Company Geosciences Department (415) 973-6784 Michael Ray Granite Construction Company (831) 763-6100 B-2 COTTON, SHIRES & ASSOCIATES, INC. APPENDIX C ESTIMATED HOURS AND FEE COTTON, SHIRES & ASSOCIATES, INC. COTTON, SHIRES AND ASSOCIATES, INC. PROPOSED 2001 FY Fees for The Town of Los Gatos Personnel Charges Principal Geologist/Engineer $150.00/ hr. Supervising Geologist/Engineer $120.00/hr. Senior Geologist/Engineer $100.00 / hr. Staff Geologist/Engineer $ 85.00/hr. Word Processor/ Clerical No Charge Approximately 70% to 80% of the geologic and geotechnical review procedure will be completed by a Supervising, Senior, or Staff Geologist/Engineer ($85.00/hr. to $120.00/hr.), with the remainder of project evaluation completed by a Principal Geologist/Engineer ($150.00/hr.). The indicated fees reflect an approximate 30 percent reduction from our 2001 Schedule of Charges for private clients. We are able to offer the Town this discount because the ongoing work generated from a Town Geotechnical Consultant agreement typically proceeds without significant proposal costs. In addition, such consulting work does not involve us directly as a design professional for proposed structures, and consequently results in somewhat reduced liability exposure. C-1 COTTON, SHIRES & ASSOCIATES, INC. ESTIMATED HOURS AND FEE We have estimated the time required for completion of a typical single-family residence geotechnical peer review in terms of individual tasks to be completed: TASK HOURS RATE ($/hr.) Log in documents, assign project number and due 0.5 $120 date Preliminary review of documents, define scope of 0.5 150 work • Discussions with staff geologist 0.5 • Compile maps and assemble file 0.5 • Review project plans 1.0 • Review project reports 1.5 • Perform field inspection (includes travel) 2.0 • Discuss site conditions and constraints with 1.0 senior staff • Preparation of draft report 2.0 • Draft report evaluated by review coordinator 1.0 • Revised draft report evaluated by principals 2.0 Finalize report, mail, file documents 0.5 120 85 120 85 120 120 85 120 150 120 Total Estimated Cost, approximately $1,500 The above estimated cost covers review of all initially submitted documents and completion of our established review procedures including preparation of a single letter - report. If adequate documents have been submitted, then there should not be additional geotechnical review fees. Costs may exceed this estimate when supplemental technical evaluations must be completed by the Project Geotechnical Consultant, or when an unusually long and complex history is associated with a particular property. Generally, the cost for geotechnical peer review of a large subdivision is less than that obtained by simply multiplying the number of lots by the estimated single residential lot peer review fee. A reasonable estimate for the cost of subdivision peer review can often be obtained after preliminary examination of the proposed development plan and available technical supporting documentation. C-2 COTTON, SHIRES & ASSOCIATES, INC. AGREEMENT FOR GEOTECHNICAL CONSULTANT SERVICES THIS AGREEMENT is entered into this day of June, 2001, by and between Town of Los Gatos, State of California, herein called "Town", and COTTON, SHIRES & ASSOCIATES, INC., engaged in providing GEOTECHNICAL consulting services herein called "Consultant". RECITALS A. Town is considering undertaking activities to PROVIDE GEOTECHNICAL SERVICES FOR TOWN OF LOS GATOS. B. Town desires to engage a GEOTECHNICAL Consultant to provide consulting services to REVIEW, ANALYZE, AND COMMENT ON DEVELOPMENT PROJECTS; PREPARE GEOTECHNICAL ANALYSES AND REPORTS; CONDUCT PEER REVIEW OF OUTSIDE GEOTECHNICAL CONSULTANTS REPORTS AND STAFF PUBLIC MEETINGS because of Consultant's experience and qualifications to perform the desired work. C. Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1 Scope of Services. Consultant shall provide the services listed in the Consultant's Scope of Work, attached hereto as Exhibit "A" and by this reference incorporated herein, and the services listed below. Administrative Duties When needed by Town, assess the potential geotechnical impacts associated with proposed development and redevelopment projects. This shall include evaluating geotechnical reports and/or identifying mitigation measures and recommending requirements and conditions of approval. II. When needed by Town, work on special studies or projects including but not limited to: updating the Town's geologic hazards map, preparation of geologic/geotechnical checklists for application packets, emergency response and coordination, assistance with preparation/revision of hillside design guidelines, preparation of drawings and specifications, monitoring of landslide hazards and litigation support and expert witness testimony. Revised: May 30, 2001 N:1DE V\S UZANNE\Geoteclmical\CSA-CON.wpd Page 1 of 8 Attachment 3 III. When needed by Town, conduct field investigations, studies, and prepare reports related to geotechnical hazards and develop recommendations for mitigation measures. IV. When needed by Town, assist in the establishment and subsequent modification of Town's geotechnical-related ordinances, design guidelines, policies, and development fees. V. When needed by Town, attend meetings with Town staff, public officials, community leaders, developers, contractors and the general public. VI. When needed by Town, advise, support and assist Town departments, committees, commissions, and Town Council. In addition, act as a liaison between Town and Federal, State, and Regional agencies. VII. When needed by Town, attend Town Council, Planning Commission, and special study session meetings when geotechnical issues and project applications with geotechnical considerations are being considered. VI II. As requested by Town, provide copies of draft and final draft work products of reports and studies prepared for Town. Consultant shall provide electronic file copies of these documents as needed. Other miscellaneous services IX. Town may occasionally have the need for other services not specifically listed in this document that the consultant has the necessary experience and capabilities to provide. Town or Redevelopment Agency may authorize consultant to perform such selected services on an as -needed basis. 2. Time of Performance. The services of Consultant are for a fixed one year period that will commence upon the execution of the contract. Town retains the option with the mutual consent of Town Manager and Consultant to renew the contract for a maximum of three optional years. Should Town not renew a contract, the award and authorization of the contract shall automatically expire. Town shall give Consultant at least 15 days notice, prior to the cancellation or expiration of the contract. 3. Compliance with Laws. Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of Town of Los Gatos. Revised: May 30, 2001 N:\DE V\SUZAN NE\Geotechnical\CSA-CON.wpd Page 2 of 8 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by Town and all reports and supportive data prepared by Consultant under this Agreement are Town's property and shall be delivered to Town upon the completion of Consultant's services or at Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by Town to the public, and Consultant shall not make any of the these documents or information available to any individual or organization not employed by Consultant or Town without the written consent of Town before such release. Town acknowledges that the reports to be prepared by Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall be based upon Town approval of each task as noted in the Scope of Services. Compensation for each task shall not exceed the amount per task noted in Consultant's Schedule of Charges (attached hereto as Exhibit "B" and incorporated by reference herein). Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Billing invoices submitted for payment must reference Town Purchase Order Number, and if applicable, the appropriate project address and Town Application Number (e.g. 290 Wooded View Drive/S-00-84). Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form. Payment shall be net thirty (30) days. Only one (1) purchase order number per invoice will be accepted. All invoices and statements to Town shall reference Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 949 Los Gatos, CA 95030 Revised: May 30, 2001 N:1D E V\S UZA N N E\Geotechni cal\C S A-C ON. wpd Page 3 of 8 Statements: Town of Los Gatos Attn: Sandy Ortiz P.O. Box 949 Los Gatos, CA 95030 7 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of Town at Consultant's offices during business hours upon written request of Town. 8. Project Manager. The Project Manager for Consultant for the work under this Agreement shall be Ted Sayre. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to Consultant. No portion of these services shall be assigned or subcontracted without the written consent of Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: To Consultant: Bud N. Lortz Director of Community Development Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Fax: (408) 354-7593 Phone: (408) 354-6874 E-mail: blortz@town.los-gatos.ca.us Ted Sayre Cotton, Shires & Associates, Inc. 330 Village Lane Los Gatos, CA 95030 Fax: (408) 354-1852 Phone: (408) 354-5542 E-mail: tsayre@cottonshires.com or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. Revised: May 30, 2001 N:1DE V\S UZANNE\Geotechnical\CSA-CON.wpd Page 4 of 8 11. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to Town. Consultant has and shall not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of Staff or management of Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at Town's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. Revised: May 30, 2001 N:\DEV\SUZANNE\Geotechnical\CSA-CON.wpd Page 5 of 8 14. Insurance. A. Minimum Scope of Insurance: Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Consultant shall provide to Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by Town before work commences. iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. B. General Liability: Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary insurance as respects Town, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by Town, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it. Revised: May 30, 2001 N:\DE V\S UZANNE\Geotechnical\CSA-CON.wpd Page 6 of 8 iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Town, its officers, officials, employees or volunteers. iv. Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with Town Clerk. D. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 15. Indemnification. Consultant shall save, keep and hold harmless indemnify and defend Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of Consultant, or any of Consultant's officers, employees, or agents or any subconsultant. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior or Municipal Court of the County of Santa Clara. 18. Termination of Agreement. Town and Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, Consultant shall deliver to Town Revised: May 30, 2001 N:1DEV\SUZANNE\Geotechnical\CSA-CON.wpd Page 7 of 8 all plans, files, documents, reports, performed to date by Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to Town bears to completed services contemplated under this Agreement pursuant to the noted Scope of Services and Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in Tight of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by Town and Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. 21. Entire Agreement. This Agreement, including Exhibits A & B, constitutes the complete and exclusive statement of the Agreement between Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos Consultant: Debra Figone, Town Manager William R. Cotton, President Town of Los Gatos Cotton, Shires & Associates, Inc. ATTEST: Clerk of Town of Los Gatos, Los Gatos, California Marian V. Cosgrove, Town Clerk Approved as to Form: Orry P. Korb, Town Attorney Revised: May 30.2001 N:1DEV\SUZANNE\Geoteclmical\CSA-CON.wpd Page 8 of 8 Geologic and Geotechnical Review Procedure Upon receiving authorization by the appropriate Town representative, we will initiate our review procedure, which typically involves two phases: (1) an initial Field Review, and (2) subsequent Review of Geotechnical Reports. We have found that the following two phase approach works best for geotechnically complicated projects such as proposed subdivisions in a hillside setting. The Town may decide to combine both phases of review together for relatively uncomplicated, single residential lots. Field Reviews — This first phase of review provides an opportunity for the Town to set the stage by defining current site conditions, project concerns and/or hazards which should be addressed by the applicant/developer's consultants. The Field Review phase of review includes the following tasks: • review of available geologic and geotechnical data, induding published maps and any available property -specific technical maps and reports; • field inspection of current site conditions for proposed construction (including upslope and downslope areas with potential impacts to the proposed development area); • geologic and geotechnical engineering evaluation of local conditions and available data with respect to proposed construction; and • preparation of a written review letter -report summarizing site conditions, potential constraints to proposed development, and recommended action to investigate and mitigate site constraints. Typically, CSA field inspections involve reconnaissance -level field mapping of topography (slope steepness, cut and fill slopes, etc.), cultural features (existing structures, utilities, foundation distress, etc.), drainage patterns and features (gullies, streams, ground water seeps, residential drainage, leachfields, etc.), and probable Exhibit A COTTON, SHIRES & ASSOCIATES, INC. distribution of earth materials and geologic features (artificial fills, soil and colluvium, bedrock, landslide deposits, geologic contacts, faults, etc.). Photographs of field conditions acquired during site inspections will be maintained in our project archives and will be provided to the Town upon request. Review of Geotechnical Reports — Our review letter -report submitted as part of the Field Review phase provides recommendations as to how to proceed with the completion of the site specific Geotechnical Investigation (report). The second phase of review involves Review of Geotechnical Report that has been prepared by the Project Geotechnical Consultant for the applicant/developer. Preferably, the consultants would use the first review letter -report (i.e., submitted as part of the Field Review) as a guide in providing appropriate geologic data and geotechnical design criteria. Investigative soils and / or geology reports that have been prepared for proposed developments are reviewed and evaluated in order to ensure that: (1) site conditions have been properly characterized, (2) supporting geotechnical data are adequate and consistent with conclusions concerning site conditions, (3) constraints to the proposed development have been identified and evaluated, (4) geotechnical design criteria and construction recommendations are appropriate for the proposed development and consistent with the standard of care, and (5) provisions of the Fremont Municipal Code and pertinent Town policies are satisfied. Particular attention is given to determining whether potential seismic hazards, slope instability, flooding, and expansive soils are addressed in geotechnical design recommendations for foundation design, earthwork activities and site drainage improvements. Surface and subsurface drainage issues are of particular importance in areas of marginal slope stability. Evaluation of potential offsite impacts of proposed construction is also an important consideration for new developments. Based on review and evaluation of the submitted geotechnical report, development plans and all other available data, a review letter -report will be prepared that recommends either approval or non -approval of a particular development application. If the application is approved, then the review letter -report will describe the conditions of approval that need to be satisfied prior to specific development steps (e.g., issuance of permits, certificates of occupancy). If the application is not approved, then our review letter - COTTON, SHIRES & ASSOCIATES, INC. report will provide recommendations for supplemental investigation, technical analysis or design criteria to be provided in an addendum report. Our system of geotechnical review is structured so that experienced staff- and senior -level geologists and engineers generally perform the most time-consuming tasks (i.e., background search, compilation of data, preparation for field inspection and the actual mapping of site conditions) under the direction of Supervising/Managing or Principal Geologists and Engineers. Accumulated field data is evaluated in detail at our office by appropriate, more senior members of our staff. Pertinent geologic issues and engineering concerns are discussed with the Principals of the firm, and appropriate review comments or recommendations are formulated. Complicated geotechnical inspections or response to emergency situation would typically be handled by Managing- or Principal -level personnel. Special Studies — In addition to providing review services, CSA is available to perform a range of engineering geologic and geotechnical engineering services for the community, including design -level investigations for municipal projects, construction inspection, field and laboratory testing services, and other geologic/geotechnical consultation. CSA is also able to provide a wide variety of other services including, but not limited to: • preparation/update of Town geologic hazard maps; • preparation of geologic/geotechnical checklists for application packets; • emergency response and coordination; • assistance in preparation/revision of hillside development guidelines; • full design and preparation of drawings and specifications for roadway repairs, retaining walls, grading and landslide mitigation projects; • assistance with formulating measures to reduce maintenance cost of capital improvements within landslide areas; COTTON, SHIRES & ASSOCIATES, INC. • monitoring of landslide hazards; and • litigation support and expert witness testimony. Field and laboratory construction testing services can also be performed to verify compliance with local codes and sound engineering practice. Our field and laboratory tests are performed in accordance with the most recent ASTM or UBC procedures. We would typically request 48-hour advance notification for scheduling of field construction inspection services; however, we can be available for immediate mobilization when advance scheduling is not possible (e.g., emergency response). We will provide after-hours telephone numbers for key staff for emergency situations. The philosophy and goal of CSA is to provide geotechnical services of the highest quality. Our organization enjoys a widely recognized ability to clearly convey complicated technical information in a manner suitable to audiences ranging from other earth science professionals to laypersons with limited technical knowledge. Additionally, we are experienced at working with interdisciplinary teams composed of individuals with broad areas of expertise including. architects, engineers, planners, design professionals, attorneys, city and county staff personnel, and elected officials. Our principals and senior staff remain actively involved in every CSA project. COTTON, SHIRES & ASSOCIATES, INC. rA lq oii It. 0 A H x. n. 1 1141 I 4519,01 1 Q1 Id go 0 0 q jf 1/1 ga4.s 01 0 sg3 ��� �� • COTTON, SHIRES AND ASSOCIATES, INC. PROPOSED 2001 FY Fees for The Town of Los Gatos Personnel Charges Principal Geologist/ Engineer $150.00 / hr. Supervising Geologist/Engineer $120.00/ hr. Senior Geologist/Engineer $100.00/hr. Staff Geologist/Engineer $ 85.00/hr. Word Processor/Clerical No Charge Approximately 70% to 80% of the geologic and geotechnical review procedure will be completed by a Supervising, Senior, or Staff Geologist/Engineer ($85.00/hr. to $120.00/hr.), with the remainder of project evaluation completed by a Principal Geologist/ Engineer ($150.00 / hr.). The indicated fees reflect an approximate 30 percent reduction from our 2001 Schedule of Charges for private clients. We are able to offer the Town this discount because the ongoing work generated from a Town Geotechnical Consultant agreement typically proceeds without significant proposal costs. In addition, such consulting work does not involve us directly as a design professional for proposed structures, and consequently results in somewhat reduced liability exposure. Exhibit B COTTON, SHIRES & ASSOCIATES, INC. RESOLUTION 2001 - 59 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH COTTON, SHIRES & ASSOCIATES, INC. FOR SERVICES AS THE TOWN GEOTECHNICAL CONSULTANT RESOLVED, that the Town of Los Gatos Town Council has determined that there is a need for a Town geotechnical consultant; and RESOLVED, that the General Plan 2000 includes policies and implementing strategies supporting this action; and RESOLVED, that the Town of Los Gatos sent Requests for Proposals to six Bay Area geotechnical consulting firms; and RESOLVED, that the Town received three proposals for geotechnical consulting services; and RESOLVED, that the most qualified consultant based on the proposals and interviews conducted by Town staff is Cotton, Shires & Associates, Inc.; and RESOLVED, that project manager Ted Sayre has extensive experience with peer review, working with small communities; and has competent associates and staff to assist with services to the Town; and RESOLVED, by the Town Council that the TOWN OF LOS GATOS enter into an agreement for services as the Town geotechnical consultant. FURTHER RESOLVED, by the Town Council that the Town Manager is authorized and directed to execute the attached agreement for services as the Town geotechnical consultant on behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4th day of June, 2001, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Joe Pirzynski MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 Town Council Minutes June 4, 2001 Redevelopment Agency Los Gatos, California ANNEX/LINDA AVENUE #2/LINDA AVENUE 15951/RESOLUTION 2001-58 (19.14) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2001-58 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LINDA AVENUE #2 TO THE TOWN OF LOS GATOS. Carried unanimously. GEOTECHNICAL CONSULTANT/COTTON, SHIRES & ASSOC/RESOLUTION 2001-59 (20.38) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2001-59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH COTTON, SHIRES & ASSOCIATES, INC. FOR SERVICES AS THE TOWN GEOTECHNICAL CONSULTANT. Carried unanimously. RECRUITMENT/CONSULTING SERVICES/AVERY & ASSOC/RESOLUTION 2001-60 (22.29) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2001-60 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR RECRUITMENT CONSULTING SERVICES WITH AVERY & ASSOCIATES. Carried unanimously. UNIVERSITY AVENUE 75/VADAS/RESIDENTIAL ADDITION/RESOLUTION 2001-61 (23.15) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2001-61 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST TO CONSTRUCT A NEW COMMERCIAL BUILDING WITH ACCESSORY LIVING QUARTERS AND TO REDUCE THE REQUIRED SETBACKS ON PROPERTY ZONED C-1:LHP. Carried unanimously. 3% AT 50/RETIREMENT BENEFITS/POLICE OFFICERS/ORDINANCE 2085 (24.06 & 29) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Ordinance 2085 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Carried unanimously. VERBAL COMMUNICATIONS Winchester Avenue Elks Club: Dick Erbst, 143 Newell Ave, opposed the zone change for the Elks Club proposal. William Burns, 145 Newell Ave, spoke against the Elk's Club plans and asked that the Town speak to the neighborhood to see what they would like in this area. Max Perlman 183 Newell Ave, asked that the zoning for this proposal be considered residential. Gerald Ames, 108 Brocastle, asked that the character of the neighborhood be maintained and that residential zoning be approved. Wedgewood Development: Don Cordero, 123 Calle Marguerita, spoke concerning two lots to be developed on Wedgewood. He noted the problem with the drainage ditch on this road and requested that no more construction be allowed until the Water District addresses the care and maintenance of the drainage ditch. Government in General: Ray Davis, resident, spoke about handling growth appropriately and referred to bumping someone with his walking stick. These items have been referenced by Mr. Davis at prior meetings and can be heard on the tapes of record. TC:D13:MM060401 3