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HomeMy WebLinkAboutAGMT - Richard C Slade & Associates (Lampson Avenue Well Evaluation and Dynamic Flow Testing)PROFESSIONAL SERVICES AGREEMENT for Lampson Avenue Well Evaluation and Dynamic Flow Testing Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 0 Richard C. Slade & Associates, LLC. 14051 Burbank Boulevard, Suite 300 Sherman Oaks, CA 91401 (818) 506-0418 This Professional Service Agreement ("the Agreement') is made as of July 29 2019 (the "Effective Date"), by and between Richard C. Slade & Associates, Llc. ("Consultant'), a Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 1 of 8 RECITALS A. City desires certain professional hydrogeological services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of one (1) year unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than Thirty Three Thousand Two Hundred Dollars ($33,200.00). Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 1 of 8 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The Director of Public Works is the City's representative for purposes of this Agreement. 6.2. Anthony Hicke is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 2of8 To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: Public Works Director To Consultant: Richard C. Slade & Associates, LLC. 14051 Burbank Boulevard, Suite 300 Sherman Oaks, CA 91401 Attn: Anthony Hicke 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 3of8 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, 4of8 employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity 5 of 8 herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 6of8 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 7 of 8 the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH _ CONSUO-ANT Richard C. SIa -o & By: 37 Stew& Myrter, [Director of Public Works By: Na e. t V Its: 8 of 8 Exhibit A Scope of Services RICHARD C. SLADE & ASSOCIATES LLC CONSULTING GROUNDWATER GEOLOGISTS February 26, 2019 Mr. David Fait Deputy Director, PW/ Maintenance and Utilities City of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 Job No. 705-OGE01 Re: Proposal for Hydrogeological Services Lampson Avenue Well Evaluation and Dynamic Flow Testing City of Seal Beach, Orange County, California Dear Mr. Fait: In response to your recent discussions with our geologists, Richard C. Slade & Associates LLC, Consulting Groundwater Geologists (RCS), is pleased to submit a Proposal for Hydrogeological Services related to the evaluation and dynamic flow testing (spinner testing) of the Lampson Avenue Well, owned and operated by the City of Seal Beach. The basic work described herein is oriented to help determine if the reported hydrogen sulfide odor produced by the well (when pumping at rates greater than 1500 gpm) can be reduced when pumping at higher rates (with a City goal of 2500 gpm). For this project, RCS will provide hydrogeologic office and field services associated with the dynamic flow testing of the City's Lampson Avenue Well. RCS has reviewed data for this well provided by the City, and also a memorandum and depth -discrete sampling results prepared by a prior consultant for the original construction and testing of the well in 2009. In addition, RCS reviewed the recent downhole video log (dated February 6, 2019) of the well that was performed during repair of mechanical issues with the pump. Thus, RCS has already performed some initial work with regard to downwell conditions and has based this proposal for our hydrogeologic services on those data. We believe our proposed work will assist the City by trying to identify the downwell issues associated with the quality of groundwater pumped by the well. Using the data from the proposed work will help RCS to provide possible downwell measures to help mitigate those quality problems, if feasible. RECOMMENDED SCOPE OF SERVICES Task 1 — Data Collection and Review We shall collect and review available hydrogeologic information for the area and data on well construction parameters, water levels, water quality and pumping data for existing wells in the area of the subject City well. This includes any documentation you or the City can provide for the existing Lampson Avenue Well (in addition to those data that have already been provided to RCS), as well as our review of our in-house files for nearby projects for other purveyors. RCS has provided hydrogeologic services for several well owners and water districts in the region. Our data review work will include the interpretation and correlation of available electric logs (E - logs) to help identify the aquifers into which the Lampson Avenue Well is constructed, and to possibly identify aquifers with known regional water quality issues. 14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: (818) 506-0418 • NORTHERN CALIFORNIA: (707) 963-3914 • RCSLADE.COM Proposal for Hydrogeological Services Lampson Avenue Well Evaluation and Dynamic Flow Testing 2 -`�- City of Seal Beach, Orange County, California Task 2 — Kick -Off Meeting/Field Reconnaissance During this task, RCS will meet with the City team to discuss the project in detail, identify goals for the work, and discuss logistical considerations for the proposed testing. In addition, RCS will visit the existing Lampson Avenue Wellsite with the City team to observe current physical and logistical conditions at the property. Goals of the field reconnaissance will be to observe site-specific logistics such as: access for down -well testing equipment and sampling locations; the location of a discharge point for groundwater to be pumped from the well; and to collect initial measurements of hydrogen sulfide (H2S) gas concentrations. Task 3 — Preparation of the Technical Guidelines for Testing For this task, RCS will prepare the Technical Guidelines and Line Item Bid Sheets for the dynamic flow surveys and depth discrete sampling of the subject well. These Technical Guidelines will be provided to the City for review and comment. Once prepared, those guidelines and bid sheets can then be sent out by the City for bidding purposes. Our Technical Guidelines will encompass and describe the following items: • The protocol for the testing, including the rates at which the dynamic flow surveys (spinner surveys) will be conducted, and the duration of each pumping rate. • The equipment used and the locations at which measurements of H2S gas concentrations will be collected. • Data to be collected during pumping, including water levels, sand content (with the use of a Rossum Sand Tester), and flow rates/volumes. • The depths at which depth discrete sampling will be performed (up to four depth zones) and a list of the constituents for which analysis will be conducted at a laboratory of the City's choosing. Task 4 — RCS Field Services during Dynamic Flow Testing Field visits will be conducted by an RCS geologist to observe both of the spinner tests, and to help facilitate/conduct depth -specific groundwater sampling that is anticipated to be performed near the end of the initial pumping test. RCS will be present to collect the depth -specific samples, which will be delivered to the City or the City's contract laboratory. RCS will also collect measurements using a gas detector device to measure H2S concentrations of the well discharge. Task 5 — Preparation of a Technical Memorandum The results of the testing and sampling will be summarized and analyzed, and RCS's findings, conclusions, and preliminary recommendations (and the field- and laboratory -generated data) will be provided in a Technical Memorandum (TM). This TM might also include possible recommendations for further packer testing of the Lamp§on Avenue Well, if such testing is determined to be warranted by RCS. A draft of this TNA will be provided to the City, and following receipt of any City comments, a final TM will be provided. Proposal for Hydrogeological Services Lampson Avenue Well Evaluation and Dynamic Flow Testing 3 �— City of Seal Beach, Orange County, California SCHEDULE AND COST ESTIMATE Based on our existing workload, we estimate that we can initiate our work within 5 days of receiving written notice -to -proceed. Further we estimate that we will be able to provide you with a Draft of the Task 3 Technical Guidelines for Testing within two to three weeks following the Task 2 Kick -Off Meeting/Field Reconnaissance. For this well testing project, we estimate the cost for our professional services will not exceed $33,200. Our costs accrue on a time and expense basis, and include an Administrative Fee, in accordance with the attached Schedule of Charges. Not included in this proposal is any time or costs associated with laboratory analyses of water, or for Contractor costs associated with altering the wellhead for downwell access. Also not included in this proposal are dynamic spinner survey work and depth discrete sample collection that will need to be performed by a third -party contractor. RCS routinely works with Pacific Surveys of Claremont, CA, for those services. For this project, RCS estimates that the costs for services by Pacific Surveys (performing spinner test and depth discrete sampling) will be on the order of $9,500 (not included in the RCS Fee for services above). The City, at their option, can contract directly with Pacific Surveys, or RCS can subcontract Pacific Surveys with our standard markup cost for Outside Services of 15%. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES Level of Service. RCS offers different levels of groundwater consulting Services to suit the specific desires and needs of a variety of clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased time and cost. Client must determine the level of groundwater consulting Services adequate for its current purposes. Client has reviewed our current Scope of Services described above and has determined that it does not need or want a greater level of Services than that being provided at this time. Standard of Care. Subject to the limitations inherent in the agreed upon Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, RCS will perform its Services consistent with that level of care and skill ordinarily exercised by other professional groundwater geologists practicing in the same locale and under similar circumstances at the time the Services are performed. No Warranty. No warranty, express or implied, is included or intended by this Agreement. ALLOCATION OF RISK Limitation of Remedies. The total cumulative liability of RCS, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively "Entities"), to Client arising from Services under this Agreement, including attorney's fees due under this Agreement, will not exceed the gross compensation received by RCS under this Agreement or $33,200.00, whichever is greater; provided, however, that such liability is further limited as described below. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in RCS's Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon Client's written request, RCS and Client may Proposal for Hydrogeological Services Lampson Avenue Well Evaluation and Dynamic Flow Testing City of Seal Beach, Orange County, California agree to increase the limitation to a greater amount in exchange for a negotiated increase in RCS's fee, provided that they amend this Agreement in writing. DISPUTES Mediation. All disputes between Entities and Client are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. Precondition to Other Action. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the State of California in which the current Project is located. Unless the parties agree otherwise, any mediation or other legal proceeding will occur in this state in which the Project is located. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Entities' Services under this Agreement, or the date on which claimant knew, or should have known, of facts giving rise to its claims. CLOSURE We appreciate this opportunity to submit our hydrogeologic proposal for the Lampson Avenue Well Evaluation and Dynamic Flow Testing for the City of Seal Beach and look forward to working with you and your team on this groundwater development project. If you have any questions regarding this proposal, please call. Respectfully submitted, RICHARD C. SLAD & ASSOCIATES, LLC Richard C. Slade, President and Principal Groundwater Geologist Proposal for Hydrogeological Services Lampson Avenue Well Evaluation and Dynamic Flow Testing City of Seal Beach, Orange County, California SCHEDULE OF CHARGES November 2018 Professional Services Principal Groundwater Geologist Senior Groundwater Geologist Staff Groundwater Geologist Clerical Field Equipment Pressure Transducers (water level & barometric pressure monitoring during pumping tests) Electric Tape Water Level Probe Field Water Quality Probe (T, pH, EC) Litigation, Depositions and Testimony Hourly Rates $290.00 $240.00 $178.00 $ 94.00 Charges $ 50.00/wk $ 25.00/day $ 50.00/day Depositions and trial testimony are charged at twice the hourly rate (4 -hour minimum/day). Travel Time and Mileage Travel time for meetings and/or to job sites will be charged at our standard hourly rates. Mileage is charged at the current IRS rate. Administrative Fee In-house costs for phone, e-mail, fax, regular postage, printing, copying, binding, and records retention, unless otherwise provided for in our project proposal Scope of Services. Administrative Fee = total project labor charges multiplied by 2.5%. Outside Services All services not ordinarily furnished by RCS, including subcontracted services (i.e., water quality laboratory testing), delivery services, reproduction and printing, etc, are billed at cost + 15%. Reproduction costs for large format printing, and/or high volume reproduction and binding of hard copy reports performed in-house by RCS staff, will be billed at rates similar to comparable outside services. Conditions RCS reserves the right to update this Schedule of Charges on January 1 of each year (the beginning of our Fiscal Year). Invoices are issued at our option on a monthly basis or when the work is completed. A service charge of 1'/z% will be payable on any amount not paid within 30 days. Any attorney fees or other costs incurred in collecting delinquent charges shall be paid by the client. Client will furnish rights-of-way to land as required for field visits and field operations, such as sampling or testing of water wells. Client#: 12856 SLADE ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 7/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arroyo Insurance Services Carr Beedle Hastings 8t DennisE-MAIL g 225 E. Santa Clara St., #120 Arcadia, CA 91006 EACTKathleen Grisanti PHONE FAX Ext): AIC, No ADDRESS: kathleen@arroyoins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental caewlry Company INSURED Richard C. Slade 8t Associates LLC INSURER B : The Hertford Insurance �O,CCURRENCE PREMISES EaEoNcur encs $300,000 14051 Burbank Blvd Suite 300 INSURER C: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F JE C LOC OTHER: Sherman Oaks, CA 91401 INSURER D: INSURER E: INSURER F: AUTOMOBILE X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X 2076842186 4/27/2019 04/2712020 EACH s2,000,000 �O,CCURRENCE PREMISES EaEoNcur encs $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F JE C LOC OTHER: I GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X AUTO -OWNED X 2076842186 4/27/2019 04/27/202 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Parr. dentDAMAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 5096094007 4/27/2019 04/27/2020 EACH OCCURRENCE $1,000,000 AGGREGATE $110001000 DERETENTION $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 72WECEP3697 9/01/2018 09/01/201 I X RPER TAT T OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured in favor of the City of Seal Beach, the City's directors, officers, employees, agents and volunteers. .La,URD City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 8th St. ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S107907/M106838 KMG CNA SB 146968B (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage"; or b. Offense that caused the "personal and advertising injury'; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the "products -completed operations hazard", and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright, CNA AN Rights Reserved CNA SB146968B (Ed. 6-16) 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. E. g When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright, CNA All Rights Reserved Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 DATE 07/24/19 CERTIFICATE HOLDER City of Seal Beach Attn: Public Works Director 211 8th Street Seal Beach, CA 90740 CERTIFICATE OF INSURANCE • TERRA k, INSURANCE COMPANY This certifies that the "claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 219148 01/01/19 12/31/19 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION No Project Specified. CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. ISSUING COMPANY: NAME AND ADDRESS OF INSURED TERRA INSURANCE COMPANY (A Risk Retention Group) Richard C. Slade Associates, LLC 14051 Burbank Blvd., Suite 300 Sherman Oaks, CA 91401 ozza� President THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC EP3697 Endorsement Number: Effective Date: 09/01 /18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RICHARD C SLADE & ASSOCIATES LLC 14051 BURBANK BLVD STE 300 SHERMAN OAKS CA 91401 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 07/24/18 Authorized Representative Policy Expiration Date: 09/01/19