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Special Council/Documents/Geotechnical Field Review / Site Instruction - Ryzuk Geotechnical
Appendix

Geotechnical Field Review / Site Instruction - Ryzuk Geotechnical

April 14, 2020Pages 37–413 sections

Geotechnical assessment of the newly constructed retaining walls and slope stability at 49 Tovey Crescent.

8.1.a Environmental Development Permit - Natural Watercourse and Shoreline Environmental Development Permit Area - 49 Tovey Crescent
December 16, 2019Wall height of approximately 1.4 mConstruction deemed generally conformant with DP guidelines

Geotechnical Field Review / Site Instruction

Project No: 4910-50 Project: Slope Assessment Address: 49 Tovey Cres - View Royal, BC Client: Flintstones Construction Contact: Mike de Palma Email / Fax No: mike@flintstonesconstruction.com Date: December 16, 2019

Distribution List:

As requested, we visited the referenced site recently to review the existing geotechnical conditions within the area of the property where retaining walls had been constructed approximately two years ago. We understand that the existing tiered rock and mortar retaining walls that were constructed within the area near the slope crest at the property were installed to replace previous walls that were failing. The rebuilt walls were constructed without professional review and are located within the View Royal Shoreline Development Permit Area and therefore our review has been requested at this time to confirm that the slope stability conditions have not been adversely affected. Our associated observations, comments, and recommendations in this regard are contained herein. Our work has been carried out in accordance with, and is subject to, the attached Terms of Engagement.

We observed these new walls were constructed with a maximum height of approximately 1.4 m for the lower tier with an offset of approximately 1.1 m horizontally, between the upper tier of 0.9 m height. We reviewed select photographs of the construction and such indicated that the walls were prepared by installation of a reinforced concrete footing which we understand was cast directly atop native very stiff brown silty clay. The photographs show that the walls were generally of adequate thickness for the retained height and configuration and that drainage (weep holes) was installed with backfill comprising free draining materials. The overall height of the slope was noted to be in the order of approximately 6 m. The area below the retaining walls consisting of a steep soil and rock garden slope which descends for approximately 1.8 m, transitioning to a gently sloped portion extending for a few more meters horizontally up to the edge of the Present Natural Boundary where a 1 m high steep erosional soil scarp exists. The two photographs below show the existing conditions.

Photo of tiered rock and mortar retaining wall and surrounding trees
Photo of tiered rock and mortar retaining wall and surrounding trees

Based on the understood past use and the overall slope geometry, we consider that the installation of these retaining walls has not significantly altered the pre-existing stability conditions within the location. We note, however, that the slope would potentially be subject to long-term surficial creep. Also, translational instability may be experienced within the upper approximately 1 m of the surface in long term due to the oversteepend soil scarp at the shoreline which is a natural slope regression process. Seismic induced ground motions may also result in slope instability. Furthermore, as the retaining wall is situated generally within close proximity to the surface of the slope there may be some settlement in the long term of the walls which may result in cracking and distress.

In summary, we consider that the wall construction is generally conformant with the guidelines of the View Royal Development Permit Area as the installation has not resulted in a significant alteration of the existing stability conditions, nor increased the risk to public safety in this regard. At this stage, we consider that the site will remain safe for the intended use as a yard area of the residential area.

We trust that the preceding is suitable for your current requirements. Please contact us if you have any questions or concerns.

Regards,

Andrew Jackson P.Geo., Eng.L. Project Geoscientist

Attachment: Terms of Engagement

Page 37–41

TERMS OF ENGAGEMENT

GENERAL

Ryzuk Geotechnical (the Consultant) shall render the Services, as specified in the agreed Scope of Services, to the Client for this Project in accordance with the following terms of engagement. The Services, and any other associated documents, records or data, shall be carried out and/or prepared in accordance with generally accepted engineering practices in the location where the Services were performed. No other warranty, expressed or implied is made. The Consultant may, at its discretion and at any stage, engage sub-consultants to perform all or any part of the Services.

Ryzuk Geotechnical is a wholly owned subsidiary of C. N. Ryzuk & Associates Ltd.

COMPENSATION

All charges will be payable in Canadian Dollars. Invoices will be due and payable by the Client on receipt of the invoice without hold back. Interest on overdue accounts is 24% per annum.

REPRESENTATIVES

Each party shall designate a representative who is authorized to act on behalf of that party and receive notices under this Agreement.

TERMINATION

Either party may terminate this engagement without cause upon thirty (30) days' notice in writing. On termination by either party under this paragraph, the Client shall forthwith pay to the Consultant its Charges for the Services performed, including all expenses and other charges incurred by the Consultant for this Project.

If either party breaches this engagement, the non-defaulting party may terminate this engagement after giving seven (7) days' notice to remedy the breach. On termination by the Consultant under this paragraph, the Client shall forthwith pay to the Consultant its Charges for the Services performed to the date of termination, including all fees and charges for this Project.

ENVIRONMENTAL

The Consultant's field investigation, laboratory testing and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater. The Consultant will cooperate with the Client's environmental consultant during the field work phase of the investigation.

PROFESSIONAL RESPONSIBILITY

In performing the Services, the Consultant will provide and exercise the standard of care, skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services contemplated in this engagement at the time when and the location in which the Services were performed.

INSURANCE

Ryzuk Geotechnical is covered by Professional Indemnity Insurance as follows:

  1. $3,000,000 each and every claim
  2. $5,000,000 aggregate
  3. $5,000,000 commercial/general liability coverage

LIMITATION OF LIABILITY

The Consultant shall not be responsible for:

  1. the failure of a contractor, retained by the Client, to perform the work required for the Project in accordance with the applicable contract documents;
  2. the design of or defects in equipment supplied or provided by the Client for incorporation into the Project;
  3. any cross-contamination resulting from subsurface investigations;
  4. any Project decisions made by the Client if the decisions were made without the advice of the Consultant or contrary to or inconsistent with the Consultant's advice;
  5. any consequential loss, injury or damages suffered by the Client, including but not limited to loss of use, earnings and business interruption;
  6. the unauthorized distribution of any confidential document or report prepared by or on behalf of the consultant for the exclusive use of the Client;
  7. Subsurface structures and utilities.

The Consultant will make all reasonable efforts prior to and during subsurface site investigations to minimize the risk of damaging any subsurface utilities/mains. If, in the unlikely event that damage is incurred where utilities were unmarked and/or undetected, the Consultant will not be held responsible for damages to the site or surrounding areas, utilities/mains or drilling equipment or the cost of any repairs.

The total amount of all claims the Client may have against the Consultant or any present or former partner, executive officer, director, stockholder or employee thereof under this engagement, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the amount of any professional liability insurance the Consultant may have available for such claims.

No claim may be brought against the Consultant in contract or tort more than two (2) years after the date of discovery of such defect.

DOCUMENTS AND REPORTING

All of the documents prepared by the Consultant or on behalf of the Consultant in connection with the Project are instruments of service for the execution of the Project. The Consultant retains the property and copyright in these documents, whether the Project is executed or not. These documents may not be used on any other project without the prior written agreement of the Consultant.

The documents have been prepared specifically for the Project, and are applicable only in the case where there has been no physical alteration to, or deviation from any of the information provided to the Consultant by the Client or agents of the Client. The Client may, in light of such alterations or deviations, request that the Consultant review and revise these documents.

The identification and classification as to the extent, properties or type of soils or other materials at the Project site has been based upon investigation and interpretation consistent with the accepted standard of care in the engineering consulting practice in the location where the Services were performed. Due to the nature of geotechnical engineering, there is an inherent risk that some conditions will not be detected at the Project site, and that actual subsurface conditions may vary considerably from investigation points. The Client must be aware of, and accept this risk, as must any other party making use of any documents prepared by the Consultant regarding the Project.

Any conclusions and recommendations provided within any document prepared by the Consultant for the Client has been based on the investigative information undertaken by the Consultant, and any additional information provided to the Consultant by the Client or agents of the Client. The Consultant accepts no responsibility for any associated deficiency or inaccuracy as the result of a miss-statement or receipt of fraudulent information.

JOBSITE SAFETY AND CONTROL

The Client acknowledges that control of the jobsite lies solely with the Client, his agents or contractors. The presence of the Consultant's personnel on the site does not relieve the Client, his agents or contractors from their responsibilities for site safety. Accordingly, the Client must endeavor to inform the Consultant of all hazardous or otherwise dangerous conditions at the Project site of which the Client is aware.

The client must acknowledge that during the course of a geotechnical investigation, it is possible that a previously unknown hazard may be discovered. In this event, the Client recognizes that such a hazard may result in the necessity to undertake procedures which ensure the safety and protection of personnel and/or the environment. The Client shall be responsible for payment of any additional expenses incurred as a result of such discoveries, and recognizes that under certain circumstances, discovery of hazardous conditions or elements requires that regulatory agencies must be informed. The Client shall not bring about any action or dispute against the Consultant as a result of such notification.

Page 37–41

FIELD SERVICES

Where applicable, field services recommended for the Project are the minimum necessary, in the sole discretion of the Consultant, to observe whether the work or a contractor retained by the Client is being carried out in general conformity with the intent of the Services. Any reduction from the level of services recommended will result in the Consultant providing qualified certifications for the work.

DISPUTE RESOLUTION

If requested in writing by either the Client or the Consultant, the Client and the Consultant shall attempt to resolve any dispute between them arising out of or in connection with this Agreement by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the mediator, the dispute shall be referred to and finally resolved by arbitration under the rules of the arbitrator appointed by agreement of the parties or by reference to a Judge of the British Columbia Court.

CONFIDENTIALITY

During the period of this Agreement, the Consultant shall not use or disclose any Confidential Information to any third parties. The Consultant will only use Confidential Information for the sole purpose of carrying out the service(s) agreed upon. Access to the Client's Confidential Information will be restricted to employees who need the information to perform work duties. The Consultant may share photos of the project without disclosing any information not already made public unless the Client refuses consent of photos shared on social media. Unless already made public, the Consultant will not share owner or site address information on social media or with outside parties.

Page 37–41

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Extracted from: 2020 04 14 Special Council Agenda - Agenda - Pdf