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HomeMy WebLinkAboutAGMT - Richard C Slade & Associates LLC and Amendment 1 and 2 (Hydrogeological Services - Beverly Manor Well Rehabilitation)\ AMENDMENT NO.2 PROFESSIONAL SERVICES AGREEMENT for Hydrogeological Services - Beverly Manor Well Rehabilitation (CIP WT0904) between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Richard C. Slade & Associates, LLC 14501 Burbank Boulevard, Suite 300 Sherman Oaks, CA 91401 (818) 506-0418 This Amendment No. 2, dated September 12, 2022, amends that certain agreement ("Agreement") dated September 27, 2021, as previously amended by Amendment No. 1 dated June 20, 2022, by and between the City of Seal Beach ("City"), a California charter city, and Richard C. Slade & Associates, LLC ("Consultant"), a California limited liability company. 1 RECITALS A. City and Consultant are parties to the Agreement pursuant to which Consultant provides professional hydrogeological services for the Beverly Manor Well Rehabilitation, CIP WT0904 ("Project"). B. Effective September 27, 2021, City and Consultant entered into an Agreement for Consultant to provide professional hydrogeological services for the Project. C. Effective June 20, 2022, City and Consultant entered into an amendment to the Agreement (Amendment No. 1) to provide additional professional hydrogeological services for the Project. D. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1, for Consultant to provide additional professional hydrogeological services for the Project, increase Consultant's compensation by $43,202, and extend the term of the Agreement to and including June 30, 2024, as provided herein. AMENDMENT NO.2 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 1.0 (Scope of Services) of this Agreement is hereby amended to add Subsection 1.1.2 to read as follows: " 1.1.2 Consultant shall provide those additional services set forth in the attached Exhibit A-2 (Proposal dated August 12, 2022), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A-1, Exhibit A-2, Exhibit B, and this Agreement as amended by Amendment No. 2, this Agreement shall control." Section 2. Section 2.0 (Term) of this Agreement is hereby amended in its entirety to read as follows: "2.0 Term 2.1 The term of this Agreement shall commence as of the Effective Date and shall expire midnight on June 30, 2024, unless previously terminated as provided by Section 5.0 of this Agreement or extended by the City Manager with 30 days' prior notice." Section 3. Section 3.0 (Consultant's Compensation) of this Agreement is hereby amended in its entirety to read as follows: 2 "3.0 Consultant's Compensation 3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services, Exhibit A-1 and Exhibit A- 2 for Additional Services, but in no event will the City pay more than the total not - to -exceed amount of $71,635 for the Services (Exhibit A) and Additional Services (Exhibit A-1 and Exhibit A-2) for the Term. 3.2. Consultant will not be compensated for any work performed not authorized by City and specified in Section 1.0, Scope of Services, unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A, Exhibit A-1, and Exhibit A-2." Section 4. All references to the term "Agreement" throughout Sections 1.0 through 35.0, inclusive, of the Agreement are hereby modified to include the Agreement dated September 27, 2021, Amendment No. 1 dated June 20, 2022, and this Amendment No. 2 dated September 12, 2022, as if all those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement, and as previously amended by Amendment No. 1, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, and as previously amended by Amendment No. 1, the provisions of this Amendment No. 2 shall control. Section 6. The persons executing this Amendment No. 2 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 2 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers ther to: CITY OF SEAL BEACH CON ULT Tel a d C S de & • Asso iate , C, C ifor i limite liabil m any By: Ingram, City M _ _ _ tFn 6ti B Attest: loria D. Harper; Approved as to Form: 0 i A. Steele, City Attorney rd rd C. Slade Linda N. Slade Secretary (Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) EXHIBIT A-2 FOR AMENDMENT NO.2 — CONSULTANT's Additional Services Ms. Iris Lee City of Seal Beach 211 Eight Street Seal Beach, CA 90740 via e-mail: ilee(a)-sealbeachca.gov RICHARD C. SLADE & ASSOCIATES LLC CONSULTING GROUNDWATER GEOLOGISTS August 12, 2022 RCS Job No. 705-OGE02 Re: Proposal for Phase 3 Hydrogeologic Services Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of Beverly Manor Well City of Seal Beach, California Dear Ms. Lee, In response to your recent telephone conversation with Mr. Joseph Amar, Richard C. Slade & Associates LLC, Consulting Groundwater Geologists (RCS), is pleased to submit this proposal for providing continued hydrogeologic services in regard to providing field services for Field Monitoring of Rehabilitation Operations and Reporting for the existing City of Seal Beach Beverly Manor Well. Previously, RCS had provided to the City its August 31, 2021 -dated proposal for Initial Preliminary Hydrogeologic Services for the evaluation of the existing Beverly Manor Well (Phase 1), and its June 3, 2022 -dated proposal for preparing Technical Specifications for the Beverly Manor Well rehabilitation operations (Phase 2). This current Phase 3 proposal assumes that all Phase 1 and 2 hydrogeologic services have been completed, and that the rehabilitation work has been awarded to a contractor using the Technical Specifications developed by RCS for the project as part of those prior Phase 1 and 2 services. Proposed Scope of Continued Hydro -geologic Services PHASE 3 — Well Rehabilitation Services — Field Monitoring of Rehabilitation Operations and Reporting The proposed Phase 3 Scope of Hydrogeologic Services described herein is a continuation of the Phases 1 and 2 services discussed in the prior August 31, 2021 and June 3, 2022 proposals and is based on our significant experience in the rehabilitation of wells throughout Southern California. Most recently, RCS has maintained multiple contracts with the Irvine Ranch Water District (IRWD), the City of Chino, and the City of Anaheim during which more than a dozen wells have been rehabilitated to date. This most recent experience has allowed RCS to develop an efficient and cost-effective approach to conducting effective well rehabilitation programs on long -idle wells. This experience is directly applicable to the rehabilitation of the City's Beverly Manor Well. 14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: (818) 506-0418 • NORTHERN CALIFORNIA: (707) 963-3914 • W W W.RCSLADE.COM Proposal for Continued Hydrogeologic Services Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well City of Seal Beach, California j Task 3.1— Field Monitoring of Well Rehabilitation Operations Once a contract has been awarded to the successful Contractor by the City, RCS geologists will be available to provide field observation of Contractor activities during the rehabilitation of the Beverly Manor Well. This observation is to provide the City with a basic record of Contractor activities at the site and to help document that the Contractor performed the work in compliance with the Technical Specifications. Tasks that RCS will perform during the rehabilitation project would likely consist of the following: o Subtask 3.1.1: Initial Brushing, Bailing, and WaterSolVm Treatment. Observe the Watersohir" (hydrogen peroxide) treatment, wire brushing of the well casing and its perforations, and removal of sediment fill via bailing. It is anticipated that chemical treatment will be initially performed using WaterSolv7rm to further clean the casing and, thereby, render the full interior walls of the entire casing more visible for observation by the subsequent video of possible holes and the degree of plugging of the casing. The RCS geologist will be present to observe the chemical and the brush, to check if it is of the correct diameter, and to observe this brushing. It is anticipated, at this time, that two days of brushing and bailing will be performed. o Subtask 3.1.2. `Air -Jetting" Observe Air -jetting" methods conducted by the Contractor. At the current time, it is anticipated that the AirBurst® or BoreBlast® methods will be utilized by the Contractor. An RCS geologist will be present on a part- time basis onsite when the selected method is being performed. o Subtask 3.1.3: Downwell Video Surveys. Following air jetting, a video survey of the well will be performed to help assess whether a swage patch(es) or casing liner is recommended in the well. A total of three (3) video surveys are to be performed throughout the rehabilitation of the well. An RCS field geologist will be present at the well to observe the three video surveys. o Subtask 3.1.4: Chemical Treatment. Performing chemical development of the well. This chemical development will involve the use of HerChemTec-formulated chemical mixtures (or similar) and injection into the well by the Contractor selected by the City to perform the work. The onsite RCS geologist will record the volumes and types of chemicals used in the process and during use of a dual -swab tool for chemical emplacement. o Subtask 3.1.5. Swabbinq & Airlifting. Monitor on a part-time basis the dual swab airlifting and swabbing which will be conducted to remove the chemicals and further help redevelop the well. Following this work, the Contractor will install a temporary test pump in the well. o Subtask 3.1.6. Pumping Redevelopment. RCS will be present on a part-time basis, during startup and near the end of pumping development at the well. RCS will obtain the pumping development sheets from the pumper on a daily basis during the redevelopment process. ti o Subtask 3.1.7. Pumping Tests and Dynamic Flowmeter Survey. Pumping tests will follow pumping redevelopment. This testing will consist of a 12 -hour step drawdown -2- Proposal for Continued Hydrogeologic Services Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well City of Seal Beach, California test and a 24-hour constant rate pumping test. RCS will also temporarily equip the well with a downwell pressure transducer to automatically record changes in water levels during testing. Manual water level data will also be acquired on a part-time basis by the pumper and/or the RCS geologist to help corroborate the transducer data. Near the end of testing, a dynamic spinner survey will be performed in the Beverly Manor Well. RCS field staff to be present for this end -of -test task. Select water samples will be collected by the onsite field geologist for the City who will then deliver the samples to the City's laboratory of choice for testing of selected constituents like PFAS. Further, the onsite field geologist will measure specific field water quality parameters while onsite, including temperature, electrical conductivity, pH, and turbidity as required by the NPDES permit. It is assumed that the Contractor will discharge all fluids using the City's General Statewide National Pollutant Discharge Elimination System (NPDES) permit and the Contractor's crew will record field measurements of water quality for analysis to verify that they are fulfilling the reporting requirements of the permit. o Subtask 3.1.8: Static Spinner Survey. Following test pump removal, a final video and static spinner survey of the rehabilitated well will be performed to help document the final post -rehabilitation condition of the casing. An RCS field geologist will be present at the well to observe these final surveys. o Subtask 3.1.9: Final Well Disinfection. Following final video and static spinner surveys, the Contractor will disinfect the well before capping it while the permanent pump is being procured. An RCS field geologist will be present at the well to observe the final well disinfection. o Subtask 3.1.10: Installation of Swage Patches) (If Necessary). It is anticipated that the installation of one to three swage patches could be needed for the Beverly Manor. Thus, RCS will be present to observe the installation of these swage patch(es) in the well, if necessary. This will include RCS time for reviewing the caliper survey, to check for diameters of the casing for possible obstructions. This will also include a video survey of the swage, following its installation in the well. o Subtask 3.1.11: Well Liner Installation (If Necessary). This subtask is the same as Subtask 3. 1.10 but it is for possible liner installation. If a full casing liner is needed, it is anticipated that an RCS geologist will be at the well for three (3) days to observe the installation of a new liner and gravel pack around that liner. Note, that at this time, it is unknown if the Beverly Manor Well might require swage patches or a full casing liner to address the structural integrity of the well. However, review of the preliminary data acquired to date shows the use of a full casing liner is unlikely. If the deeper portions of the well are to reveal new data and based on the casing thickness inspection survey performed in the last phase of work, it is not likely that a full casing liner will be needed. If any part of this Phase 3 Scope of Hydrogeologic Services suggests that swage patches or a full casing liner is necessary in the well, written authorization from the City will need to be obtained prior to conducting such liner work on the well. -3- Proposal for Continued Hydrogeologic Services 7� Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well f City of Seal Beach, California Task 3.2 — Preparation of Summary of Well Rehabilitation Report Prepare a Summary of Well Rehabilitation Operations Report to help document rehabilitation operations in the well (including preliminary work performed by General Pump Company [GPC] in June 2022). The report will discuss the new rehabilitation operations and summarize RCS observations regarding the actual rehabilitation work performed in the Beverly Manor Well. Importantly, final recommendations regarding a current operational pumping rate and a permanent pump depth setting will be provided in the report. It should be noted, RCS is fully aware that time is of the essence during the project and RCS plans to prepare a preliminary table presenting the RCS recommended final operational pumping rate and pump depth setting and providing that preliminary draft table to John Loague's team at AKC Engineering (AKC). The preliminary draft table of RCS pumping recommendations shall be prepared and submitted to AKC approximately two weeks following the constant rate pumping test in the Beverly Manor Well. This Summary of Well Rehabilitation Report will consist of the following: o A basic chronologic history of the recent well rehabilitation operations. o A description of each method used and the results of those methods. o Daily field reports by the onsite field geologist. o An evaluation/analysis of the final pumping test in the well and an assessment of new pumping capacities and specific capacities. o Recommendations for the pump depth setting and pumping rate for the permanent pump o Discussion of the water quality conditions based on the final water quality sampling results. o Occasional photographs to help document selected rehabilitation methods. o Supporting documentation on well rehabilitation operations, including but not limited to, the types and volumes of chemicals, the Contractor's daily records, pumping development and testing sheets, and laboratory results of collected samples. o The report will have attendant tables, figures and drawings to help document work conducted on the well. A Draft report will be submitted to the City for review and comment. Following that review, the comments received will be incorporated and a final electronic version of the document will be submitted. Cost Estimate & Schedule For the proposed project, the total estimated combined costs for professional hydrogeologic services by RCS for completing Tasks 3.1 and 3.2 as described above are as follows: PHASE 3 Well Rehabilitation Services Task 3.1 Field Monitoring of Rehabilitation Operations $30,016 Task 3.2 Preparation of Summary Well Rehabilitation Report $12,132 2.5% Communications Fee: $ 1,054 Phase 2 Total: $43,202 me Proposal for Continued Hydrogeologic Services Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well City of Seal Beach, California Payment will be based on the hours worked and on the current RCS Schedule of Charges. RCS services accrue on a time and expense basis in accordance with the attached Schedule of Charges. It is anticipated that RCS can accommodate the Contractor's schedule for the work, once the project is awarded. The estimated costs above do not include any contractor costs that are necessary for site preparation, contractor mobilization, the video log surveys, the actual rehabilitation work, proper testing and testing of fluids to meet discharge requirements, or other Contractor -provided services. Based on recent rehabilitation work in southern California, RCS estimates the costs for these Contractor services could be on the order of: Well Rehabilitation Contractor Costs ^ $325K The well rehabilitation contractor costs estimated above assumes that the Beverly Manor Well will not require swage patches or a casing liner to be installed as part of the rehabilitation work. If a casing liner is necessary, assuming stainless steel is used, the costs could increase by -$250K or more. The estimate above also does not include the cost of equipping the well with a permanent pump and other above -ground appurtenances following the rehabilitation work. 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 $43,202.00, 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 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. V11 Proposal for Continued Hydrogeologic Services Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well City of Seal Beach, California 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' s 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 this Phase 3 proposal for providing the City of Seal Beach with hydrogeologic services related to field monitoring of rehabilitation operations and reporting for the Beverly Manor Well. If you have any questions regarding this proposal, please contact Joseph Amar via email (►oe.amar a(),reslade.com). Very truly yours, RICHARD C. SLADE & ASSOCIATES, LLC Richard C. Slade President and Principal Groundwater Geologist 19 Proposal for Continued Hydrogeologic Services Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well City of Seal Beach, California SCHEDULE OF CHARGES January 2022 Professional Services Hourly Rates President $300.00 Principal $256.00 Senior Groundwater Geologist $220.00 Staff Groundwater Geologist $190.00 Field Groundwater Geologist $128.00 Clerical $ 98.00 Field Equipment Charges Pressure Transducers (water level & barometric $ 50.00/wk. pressure monitoring during pumping tests) Electric Tape Water Level Probe $ 25.00/day Field Water Quality Probe (T, pH, EC) $ 50.00/day Litigation, Depositions and Testimony 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, will be charged an Administrative Fee of total project labor charges multiplied by 2.5%. Outside Services Any services and materials 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'h% 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. -7- � 1- U w N w f0I- w m m INA N o w In w O 't w w w N INA m w O w M w N w m N 'A w W. N. 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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 have ADDITIONAL INSURED provisions or 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 CONTACT Melinda Barton NAME: The Liberty Company Insurance Brokers PHONE (888) 918-3960 FAX AIC No Ext : AIC No): Lic #OD79653 E-MAIL mbarton@libertycompany.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 5955 De Soto Ave, Suite 250 Woodland Hills CA 91367 INSURERA: Continental Casualty Company 20443 INSURED INSURER B : Transportation Insurance Co 20494 RICHARD C. SLADE &ASSOCIATES, LLC INSURER C : Property and Casualty Insurance Company of Hartford 34690 14051 BURBANK BLVD STE 300 INSURER D : INSURER E: SHERMAN OAKS CA 91401 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 GLAU UMB 21-22 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOWMAVE 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 AUUL INSD bUkill WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 _71,000,000 CLAIMS•MADE � OCCUR _5TMAUET0_RE= PREMISES Ea occurrence S MED EXP (Any one person) S 10,000 PERSONAL&ADV INJURY S 2,000,000 A Y 2076842186 04/27/2022 04/27/2023 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S 4,000,000 X POLICY ❑ PRO F—] LOC JECT PRODUCTS-COMP/OPAGG S 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident BODILY INJURY (Per person) S ANYAUTO AOWNED SCHEDULED AUTOS ONLY AUTOS. IX Y 2076842186 04/27/2022 04/27/2023 BODILY INJURY (Per accident) S PROPERTY DAMAGE S Per accident HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY S X UMBRELLALIAB X OCCUR EACH OCCURRENCE S 1,000,000 AGGREGATE S 1,000,000 B EXCESS UAB CLAIMS -MADE Y 5096094007 04/27/2022 04/27/2023 DED I X1 RETENTIONS 10,000 S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUE (Mandatory in NH) NIA 72WECEP3697 09/01/2021 09/01/2022 EROTX STATUTE ETH E.LEACHACCIDENT $ 1,000,000 E.L. DISEASE -FA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Seal Beach, the City's directors, officers, employees, agents and volunteers are Included as additional insureds on General Liability Per SB146932F (Ed. 6-16), (Blanket Additional Insured and Liability Extension Endorsement) and on Auto Liability per SB146902G (Ed. 6-16), (Hired Auto and Non -Owned Auto Liability), subject to policy terms and conditions. Umbrella Liability is follow form. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th St. AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 I *VP*46— V IBBB-ZU15 AGUKU GUKYUKAI IUN. All rignts reserves. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 DATE 01/01/22 CERTIFICATE HOLDER City of Seal Beach 211 8th St. Seal Beach, CA 90740 F7 TERRA INSURANCE COMPANY CERTIFICATE OF INSURANCE 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 222148 01/01/22 12/31/22 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION 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 bxjala� President A ^ �® IVCJIA CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ ) 03/24/20222022 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(les) must have ADDITIONAL INSURED provisions or 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 CONTACT Melinda Barton NAME: The Liberty Company Insurance Brokers PHONE (ggg) g18-3960 FAX A/C No Etl: AIC No): Lic #OD79653 E-MAIL mbarton@libertycompany.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC q 5955 De Soto Ave, Ste 250 INSURERA: Continental Casualty Company 20443 Woodland Hills CA 91367 INSURED INSURER B: Transportation Insurance Co 20494 RICHARD C. SLADE & ASSOCIATES, LLC INSURER C : Property and Casualty Insurance Company of Hartford 34690 14051 BURBANK BLVD STE 300 INSURER D : INSURER E: INSURER F: SHERMAN OAKS CA 91401 COVERAGES CERTIFICATE NUMBER: 22-23 GLAU UMB WC Rev REVISION NUMBER: THIS IS TO CERTIFY THATTHE 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 CONTRACT OR 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 INSD WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RFNTFD 1,000,000 PREMISES Ea occurrence S MED EXP (Any one person) s 10,000 PERSONAL&ADV INJURY S 2,000,000 A Y 2076842186 04/27/2022 04/27/2023 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 4,000,000 iC POLICY 0 PRO F—] JECT LOC PRODUCTS-COMP/OPAGG S 4,000,000 S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) s ANYAUTO AOWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY HAUTOS ONLY IX Y 2076842186 04/27/2022 04/27/2023 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per acciden t t $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE s 1,000,000 AGGREGATE S 1,000,000 B EXCESS LIAB CLAIMS -MADE Y 5096094007 04/27/2022 04/27/2023 DED X RETENTION S 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE oFFICER/MEMeERExcLUDED? � (Mandatory in NH) NIA 72WECEP3697 09/01/2022 09/01/2023 %C STATUTE ETH E.L.EACHACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) City of Seal Beach, the City's directors, officers, employees, agents and volunteers are Included as additional insureds on General Liability Per SB146932F (Ed. 6-16), (Blanket Additional Insured and Liability Extension Endorsement) and on Auto Liability per SB146902G (Ed. 6-16), (Hired Auto and Non -Owned Auto Liability), subject to policy terms and conditions. Umbrella. Liability is follow form. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th St. AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 I C7l+ew"10— V 15Utf-LU1b AGUKU GUKI`UKAIIUN. AU rigmS reservea. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT for Hydrogeological Services - Beverly Manor Well Rehabilitation (CIP WT0904) between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Richard C. Slade & Associates, LLC 14501 Burbank Boulevard, Suite 300 Sherman Oaks, CA 91401 (818) 506-0418 This Amendment No. 1, dated June 20, 2022, amends that certain agreement ("Agreement") dated September 27, 2021, by and between the City of Seal Beach ("City"), a California charter city, and Richard C. Slade & Associates, LLC ("Consultant"), a California limited liability company. 1 RECITALS A. City and Consultant are parties to the Agreement pursuant to which Consultant provides professional hydrogeological services for the Beverly Manor Well Rehabilitation, CIP WT0904 ("Project"). B. City and Consultant wish to amend the Agreement, by this Amendment No. 1, for Consultant to provide additional hydrogeological services, increase Consultant's compensation for such additional services by $8,687, for a total contract not -to -exceed amount of $28,433, and extend the term of the Agreement to and including December 31, 2023, as provided herein. AMENDMENT NO. 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 1.0 (Scope of Services) of this Agreement is hereby amended to add Subsection 1.1.1 to read as follows: " 1.1.1 Consultant shall provide those additional services set forth in the attached Exhibit A-1 (Proposal dated June 3, 2022), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A-1, Exhibit B, and this Agreement as amended by Amendment No. 1, this Agreement shall control." Section 2. Section 2.0 (Term) of this Agreement is hereby amended in its entirety to read as follows: "2.0 Term 2.1 The term of this Agreement shall commence as of the Effective Date and shall expire midnight on December 31, 2023, unless previously terminated as provided by Section 5.0 of this Agreement or extended by the City Manager with 30 days' prior notice." Section 3. Section 3.0 (Consultant's Compensation) of this Agreement is hereby amended in its entirety to read as follows: "3.0 Consultant's Compensation 3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services, and Exhibit A-1 for Additional Services, but in no event will the City pay more than the total not -to - exceed amount of $28,433 for the Services (Exhibit A) and Additional Services (Exhibit A-1) for the Term. 3.2. Consultant will not be compensated for any work performed not authorized by City and specified in Section 1.0, Scope of Services, unless City 2 authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award or amendment by the City Manager. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A, and Exhibit A-1." Section 4. All references to the term "Agreement" throughout Sections 1.0 through 35.0, inclusive, of the Agreement are hereby modified to include the Agreement dated September 27, 2021, and this Amendment No. 1 dated June 20, 2022, as if all those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 6. The persons executing this Amendment No. 1 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1. 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH By: Acting Director of Pubfi Attest: By: dforia D. Harper, gQ Approved as to Form: co'o�NV C� By: . /,,/,/ ""., Craig A. Steele, City Attorney El CONSf T: 41imi lade & Associa ed liability Richard C. Slade President �290 By' "I b Linda N. Slade Secretary (Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) EXHIBIT A-1 FOR AMENDMENT NO. 1 — CONSULTANT's Additional Services RICHARD C. SLADE & ASSOCIATES LLC CONSULTING GROUNDWATER GEOLOGISTS June 3, 2022 Ms. Iris Lee City of Seal Beach 211 Eight Street Seal Beach, CA 90740 via e-mail: ilee(cDsealbeachca.gov RCS Job No. 705-OGE02 Re: Updated Proposal for Phase 2 Hydrogeologic Services Preparation of Technical Specifications & Bid Support for Rehabilitation of Beverly Manor Well City of Seal Beach, California Dear Ms. Lee, In response to your recent email request to Mr. Joseph Amar and Mr. Anthony Hicke, Richard C. Slade & Associates LLC, Consulting Groundwater Geologists (RCS), is pleased to submit this proposal for providing additional hydrogeologic services in regard to the Phase 2 preparation of Technical Specifications/Bid Package and Bid Support for well rehabilitation operations. RCS assisted with Phase 1 of this project which consisted of the coordination and observation of the recent preliminary rehabilitation work in the Beverly Manor Well to assess the current downwell conditions performed by General Pump Company (GPC). That work was grouped under Task 1.1 of our Phase 1 Contract, summarized in the RCS proposal to you, dated August 31, 2021. Following that preliminary assessment work, several surveys were conducted in the well by GPC and its subcontractors and the resulting well data were gathered and reviewed by RCS. RCS then prepared a Rehabilitation Memorandum on May 16, 2022 summarizing those data and the recent preliminary work performed in the well, and also provided RCS recommendations on the next phases of well rehabilitation in an attempt to redevelop the well. RCS also understands that the existing permanent pump in the Beverly Manor Well was removed prior to the preliminary assessment work and was recently assessed by others. It was reported to RCS by the City that the assessment of the existing permanent pump by others has revealed that the pump, motor and pump column components are not salvageable, and a new permanent pump must be designed and procured following the rehabilitation of the Beverly Manor Well. As part of this Phase 2 proposal, RCS will provide the Technical Specifications and Bid Package for the rehabilitation and redevelopment work based on the RCS assessment and the RCS May 16, 2022 Rehabilitation Memorandum. Also part of this proposal, RCS will provide bid support assistance once the City places the Beverly Manor Well Rehabilitation package out to bid. RCS has been involved with numerous hydrogeologic studies and water well construction projects in North Orange County, including some specifically for the City of Seal Beach. Through that work, RCS has developed a detailed understanding of the local hydrogeology, local aquifer systems, and the various wellfields in this basin. RCS has also conducted previous work for the 14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: (818) 506-0418 • NORTHERN CALIFORNIA: (707) 963-3914 • W W W.RCSLADE.COM Updated Proposal for Phase 2 Hydrogeologic Services Prepare Technical Specifications & Bid Support for Rehabilitation of Existing Beverly Manor Well City of Seal Beach, California .f— City, including an evaluation and testing of hydrogen sulfide in the City's Lampson Avenue Well (2019). Our proposed work should assist the City by developing an appropriate rehabilitation program for the well (if warranted). Proposed Scope of Hydroaeoloaic Services: Phase 2 Task 1.2 — Prepare Technical Specification/Bid Package for Rehabilitation Based on review of recent preliminary rehabilitation work performed in the Beverly Manor Well, and on our review of new downwell surveys, RCS shall prepare a Technical Specifications/Bid Package document. This document will include the Technical Specifications and Line Item Bid Sheets for well rehabilitation operations by prospective contractors for the Beverly Manor Well. The proposed work can then be bid out by the City and performed under a single contract for one contractor. The Technical Specifications/Bid Package will generally include the following well rehabilitation elements: 1. Equipment to be utilized and size of work area needed. 2. The type of site preparation work needed before the contractor mobilizes equipment. 3. Video surveys to be performed during and following rehabilitation of the well. 4. The depth intervals of well casing to be rehabilitated. 5. The type of mechanical well rehabilitation methods to be used will be included in the Technical Specifications. These methods could include the following: o Wire brushing & bailing. o Dual -swab airlifting and surging. o "Air -Jetting", consisting of either the Airburst® or Bore Blast@ methods. 6. The type of various chemicals and emplacement methods that might be needed during chemical rehabilitation (if deemed necessary) for the well. RCS has developed an effective chemical rehabilitation method for numerous other wells in Southern California using HercChemTec-formulated chemical mixtures. 7. Discharge locations and treatment options/consideration for the discharge of all fluids generated during all rehabilitation tasks (especially if chemicals are used). 8. Parameters for pumping development and final well testing. 9. Discharge requirements and NPDES permit compliance. A line item estimate for the probable cost of the rehabilitation work will also be prepared for the well. This will be provided to the City to permit comparison of bids received. RCS assumes that the City will be sending out the entire well rehabilitation package for competitive bidding. This task also includes a meeting between RCS and City staff to review and discuss the Workplan/Technical Specifications package. ipa Updated Proposal for Phase 2 Hydrogeologic Services Prepare Technical Specifications & Bid Support for Rehabilitation of Existing Beverly Manor Well City of Seal Beach, California i Task 9.3 — Provide Bid Phase Support RCS will provide bid phase support to the City. This support will consist of attending one pre-bid meeting and the possible preparation of up to three bid addenda, as necessary. The basic purpose of the pre-bid meeting is to help potential bidders better understand site logistics such as access, available water supply, location of utilities, and fluids disposal options at the Beverly Manor Well site. RCS will also assist the City in the review of bids received. Also, prior to commencement of field activities, RCS will attend an initial pre -rehabilitation meeting with the selected Contractor. This will be to acquaint the Contractor selected by the City with the project goals and discuss final scheduling issues and establish lines of communication for the project. Cost Estimate & Schedule For the proposed project, the total estimated costs for the professional hydrogeologic services by RCS for completing Tasks 1.2 and 1.3 as described above, and as listed in our original proposal to you dated August 31, 2021, are as follows: PHASE 2 Well Rehabilitation Services Task 1.2 Prepare Technical Specification/Bid Package for Rehabilitation $ 7,275 Task 1.3 Provide Bid Phase Support $ 1,200 2.5% Communications Fee: $ 212 Phase 1 Total: $8,687 It should be noted that the scope of work proposed herein does not include RCS hydrogeologic services that include field work observations during the rehabilitation, redevelopment, and testing of the Beverly Manor Weil, nor does it include RCS services for the preparation of the final Summary of Well Rehabilitation and Operations Report for the project. Payment will be based on the hours worked and on the current RCS Schedule of Charges. RCS services accrue on a time and expense basis in accordance with the attached Schedule of Charges. It is anticipated that RCS can submit a Task 1.2 Draft of the Technical Specifications within approximately two to three weeks following notice -to -proceed by the City. Following receipt of possible comments provided by the City, RCS will then finalize the Technical Specifications for the City so the entire Bid Package can be placed out to bid. RCS will then provide the Task 1.3 Bid Phase Support once the Bid Phase has commenced. The estimated costs above do not include any Contractor costs that are necessary for the actual rehabilitation work, or any other Contractor -provided services (such as those for installing a possible liner or a swage patch). Based on recent rehabilitation work in southern California, RCS estimates the following costs for these services: • Preliminary Estimate of Typical Well Rehabilitation and Redevelopment Contractor Costs - $550,000 -3- Updated Proposal for Phase 2 Hydrogeologic Services Prepare Technical Specifications & Bid Support for Rehabilitation of Existing Beverly Manor Well City of Seal Beach, California The initial (preliminary) well rehabilitation contractor costs estimated above includes airbursting, mechanical development, chemical rehabilitation, pumping development and pumping tests. The cost of designing and equipping the well with a permanent pump and other above -ground appurtenances following that rehabilitation work will reportedly be provided to the City by AKM Consulting Engineering of Irvine, California. 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 $8,687.00, 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. 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 -4- Updated Proposal for Phase 2 Hydrogeologic Services Prepare Technical Specifications & Bid Support for Rehabilitation of Existing Beverly Manor Well City of Seal Beach, California 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' s 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 this proposal for hydrogeologic services for providing the City of Seal Beach with the initial preliminary hydrogeologic services related to assessing the rehabilitation potential and for preparing Technical Specifications related to the rehabilitation of City's Beverly Manor Well. If you have any questions regarding this proposal, please contact Joseph Amar via email (ioseph.amar(a-)-reslade.com). Very truly yours, RICHARD C. SLADE & ASSOCIATES, LLC Richard C. Slade President and Principal Groundwater Geologist -5- Updated Proposal for Phase 2 Hydrogeologic Services Prepare Technical Specifications & Bid Support for Rehabilitation of Existing Beverly Manor Well City of Seal Beach, California SCHEDULE OF CHARGES January 2022 Professional Services Hourly Rates President $300.00 Principal $256.00 Senior Groundwater Geologist $220.00 Staff Groundwater Geologist $190.00 Field Groundwater Geologist $128.00 Clerical $ 98.00 Field Equipment Charges Pressure Transducers (water level & barometric $ 50.00/wk. pressure monitoring during pumping tests) Electric Tape Water Level Probe $ 25.00/day Field Water Quality Probe (T, pH, EC) $ 50.00/day Litigation, Depositions and Testimony 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, will be charged an Administrative Fee of total project labor charges multiplied by 2.5%. Outside Services Any services and materials 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'h% 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. ,—, ® A41040Ro CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 03/24/2022 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(les) must have ADDITIONAL INSURED provisions or 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 The Liberty Company Insurance Brokers Lic#OD79653 5955 De Soto Ave, Suite 250 Woodland Hills CA 91367 CONTACT Melinda Barton NAME: NE (888) 918-3960 FAX PHONE (AI No. Ext No E-MAIL mbarton@libertycompany.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Continental Casualty Company 20443 INSURED RICHARD C. SLADE &ASSOCIATES, LLC 14051 BURBANK BLVD STE 300 SHERMAN OAKS CA 91401 INSURER B: Transportation Insurance Co 20494 INSURER C : Property and Casualty Insurance Company of Hartford 34690 INSURER D : INSURER E : INSURER F: rrn2owr_vc PCDTICIr'ATC MI IMRCR• GL -Z3 ULAU UIVIG / I -ZZ IttV151UN NUIy1tltK: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOWMAVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDY EFF MM/DPOLID YY LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Seal Beach CA 90740 2076842186 04/27/2022 04/27/2023 EACH OCCURRENCE S 2,000,000 PREMISES Ea occurrence s 1,000,000 MED EXP (Any one person) S 10,000 PERSONAL&ADV INJURY s 2,000,000 LAGGREGATE LIMITAPPLIES PER: POLICY �PRO F—]LOCPRODUCTS-COMP/OPAGG JECT M'OTHER: GENERALAGGREGATE 5 4,000,000 S 4,000,000 $ A AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY !� AUTOS ONLY Y 2076842186 04/27/2022 04/27/2023 COMBINED SINGLE LIMIT s 1,000,000 Ea accident BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S PeracrJdent S B X UMBRELLALIABX EXCESS LIAB OCCUR CLAIMS -MADE Y 5096094007 04/27/2022 04/27/2023 EACH OCCURRENCE S 1,000,000 AGGREGATE S 1,000,000 DED X RETENTION 5 10,000 S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 72WECEP3697 09/01/2021 09/01/2022 X STATUTE ERER H E.LEACH ACCIDENT S 1,000,000 E.LDISEASE- EAEMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Seal Beach, the City's directors, officers, employees, agents and volunteers are Included as additional insureds on General Liability Per SB146932F (Ed. 6-16), (Blanket Additional Insured and Liability Extension Endorsement) and on Auto Liability per SB146902G (Ed. 6-16), (Hired Auto and Non -Owned Auto Liability), subject to policy terms and conditions. Umbrella Liability is follow form. !`A W! CI I A r1nM liCR11I-I�rXI G IIVLUGR �• ••----- ••'--- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 8th St. AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 � %W 17oo-LU 10 M%IUF%V ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 DATE 01/01/22 CERTIFICATE HOLDER City of Seal Beach 211 8th St. Seal Beach, .CA 90740 F7TERRA INSURANCE COMPANY CERTIFICATE OF INSURANCE 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 222148 01/01/22 12/31/22 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION 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 OJAV President F PROFESSIONAL SERVICES AGREEMENT for Hydrogeological Services - Beverly Manor Well Rehabilitation between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Richard C. Slade & Associates, LLC 14501 Burbank Boulevard, Suite 300 Sherman Oaks, CA 91401 (818) 506-0418 This Professional Service Agreement ("the Agreement') is made as of September 27, 2021 (the "Effective Date"), by and between Richard C. Slade & Associates, LLC, ("Consultant"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional hydrogeological services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide well evaluation and preparation of technical specifications services. C. Consultant represents that the principal members of its firm are qualified professional groundwater geologists and are fully qualified to perform the design professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. 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 (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein 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. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any 2of19 and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.5. 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. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on September 27, 2021, and shall remain in full force and effect until December 31, 2022, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $19,746.00 (Nineteen Thousand Seven Hundred Forty Six and 00/100 dollars) for the Term. 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 three (3) years following the termination of this Agreement. 3of19 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 City Manager is the City's representative for purposes of this Agreement. 6.2. Joe Amar is the Consultant's primary representative for purposes of this Agreement. Joe Amar shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 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: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Richard C. Slade & Associates, LLC 14051 Burbank Boulevard, Suite 300 Sherman Oaks, CA 91401 Attn: Richard C. Slade 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 4of19 certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the 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 and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any 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, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 5of19 subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. 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, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, 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. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPM ),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its 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, caused by, or relating to 6of19 Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, 7of19 duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of'.this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 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. 8of19 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment' and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 9of19 17.0 Insurance 17.1. General Requirements. 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. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect 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, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability, within minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall 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. 10 of 19 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials 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. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, 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. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by 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 City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, 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 elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. 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 City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 19 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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 City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 18.0. 12 of 19 17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 18.2. Other Indemnities. 18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise 13 of 19 out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.2.3. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.4. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 14 of 19 determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 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. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 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. 23.0 Severability 15 of 19 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. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. 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. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 16 of 19 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. 27.3. 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 Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds 17 of 19 Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31..1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 31.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action administrative or otherwise, arising out c the prevailing party in such litigation shE the losing party all of its attorneys' fees therewith. 34.0 Exhibits against the other party, either legal, f or in connection with this Agreement, II be entitled to have and recover from and other costs incurred in connection 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. 35.0 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. 18 of 19 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 By: Stele- Myrt r, Director of Public W.or- s c EAI �r ;. Attest: A 1 I 4 0 loria D. Approved as t For By: - raig A. Steele, City Attorney CONS By: l Name: Its: By: Nary Its: Slade & Cali ornia r (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 19 of 19 F EXHIBIT A Consultant's Proposal Ms. Iris Lee City of Seal Beach 211 Eight Street Seal Beach, CA 90740 via e-mail: flee cr.sealbeachca.gov RICHARD C. SLADE & ASSOCIATES LLC CONSULTING GROUNDWATER GEOLOGISTS August 31, 2021 RCS Job No. 705-OGE02 Re: Updated Proposal for Hydrogeologic Services Initial Preliminary Well Evaluation and Preparation of Technical Specifications for Rehabilitation of Beverly Manor Well City of Seal Beach, California Dear Ms. Lee, In response to your recent telephone conversation with Mr. Joseph Amar, Richard C. Slade & Associates LLC, Consulting Groundwater Geologists (RCS), is pleased to submit this proposal for providing hydrogeologic services in regard to an evaluation of the existing City of Seal Beach Beverly Manor Well and the preparation of Technical Specifications for well rehabilitation operations. RCS understands the Beverly Manor Well has only been used intermittently and has been idle with inactive periods throughout its life. RCS also understands that the existing permanent pump in the Beverly Manor Well has recently been removed and was recently assessed by Tri -County Pump Company (Tri County) of San Bernardino, CA; the well itself may also be in need of rehabilitation work. As part of this proposal, RCS will assess the Beverly Manor Well for its rehabilitation need/potential, and then provide Technical Specifications for that work based on the RCS assessment. RCS has been involved with numerous hydrogeologic studies and water well construction projects in North Orange County, including some specifically for the City of Seal Beach. Through that work, RCS has developed a detailed understanding of the local hydrogeology, local aquifer systems, and the various wellfields in this basin. RCS has conducted previous work for the City, including an hydrogen sulfide evaluation and testing of the City's Lampson Avenue Well (2019). Our proposed work should assist the City by developing an appropriate rehabilitation program for the well (if warranted). Proposed Scope of Hydrogeologic Services PHASE 9 — Initial (Preliminary) Well Rehabilitation Services The proposed Scope of Hydrogeologic Services described herein is based on our significant experience in the rehabilitation of wells throughout Southern California. Most recently, RCS has maintained multiple contracts with the Irvine Ranch Water District (IRWD) and the City of Anaheim for which more than a dozen wells have been rehabilitated to date. This most recent experience has allowed RCS to develop an efficient approach to conducting effective well rehabilitation 14051 BURBANKBLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: (818) 506-0418 • NORTHERN CALIFORNIA: (707) 963-3914 • WWW.RCSLADE.COM Proposal for Hydrogeologic Services Well Evaluation and Preparation of Technical Specifications for Rehabilitation of Existing Beverly Manor Well f City of Seal Beach, California programs on long -idle wells. This experience is directly applicable to the rehabilitation of the City's Beverly Manor Well. Task 1.1— Review and Evaluate Well Data & Prepare Memoranda Under this task, RCS will review the well video survey performed by Advanced Downhole Superior Well Surveys, that was performed on June 16, 2021. RCS will then prepare for and attend an initial, "kick-off' meeting with City Staff with regard to discussing the goals and parameters of the rehabilitation project for the Beverly Manor Well. The City will be asked to provide pumping/production data, water level data, and specific capacity data that may be available for the well. This kick-off meeting will include a site visit to the well site to observe the current site conditions and logistical characteristics with respect to the proposed well rehabilitation work. Following review of the data, a Memorandum will be prepared with regard to current downwell conditions in the well. This Memorandum will include RCS's preliminary recommendations as to which future rehabilitation options might be implemented in the Beverly Manor Well, and these will be used by RCS as guidance for subsequent preparation of a Workplan/Technical Specifications for well rehabilitation. Task 1.2 — Prepare Workplan/Technical Specification for Rehabilitation Based on review of the available well data, the results of the site visit and on our review of new downwell surveys, RCS shall prepare a Workplan/Technical Specifications document. This document will include the Technical Specifications and Line Item Bid Sheets for well rehabilitation operations for the Beverly Manor Well. The proposed work can then be bid out by the City and performed under a single contract for one contractor. The Workplan/Technical Specifications will generally include the following well rehabilitation elements: 1. Equipment to be utilized and size of work area needed. 2. The possible need for additional site security fencing. 3. The type of site preparation work needed before the contractor mobilizes equipment. 4. Sound/noise mitigation/security measures, if needed. 5. Video surveys to be performed during and following rehabilitation of the well. 6. The depth intervals of well casing to be rehabilitated. 7. The type of mechanical well rehabilitation methods will be evaluated and included in the Technical Specifications, as needed. These methods could include the following: o Wire brushing & bailing. o Casing Inspection Thickness Measurement (CITM) survey. o Dual -swab airlifting and surging. o "Air -Jetting", consisting of either the Airburst® or Bore Blast® methods. 8. The type of various chemicals and emplacement methods that might be needed during chemical rehabilitation (if deemed necessary) for the well. RCS has developed an 512 Proposal for Hydrogeologic Services Well Evaluation and Preparation of Technical Specifications for Rehabilitation of Existing Beverly Manor Well City of Seal Beach, California effective chemical rehabilitation method for numerous other wells in Southern California using HercChemTec-formulated chemical mixtures. 9. Discharge locations and treatment options/consideration for the discharge of all fluids generated during all rehabilitation tasks (especially if chemicals are used). 10. Parameters for pumping development and well testing. 11. Discharge requirements and NPDES permit compliance. A line item estimate for the probable cost of the rehabilitation work will also be prepared for the well. This will be provided to the City to permit comparison of bids received. RCS assumes that the City will be sending out the entire well rehabilitation package for competitive bidding. This task also includes a meeting between RCS and City staff to review and discuss the Workplan/Technical Specifications package. Cost Estimate & Schedule For the proposed project, the total estimated costs for the initial (preliminary) professional hydrogeologic services by RCS for completing Tasks 1.1 through 1.3 as described above are as follows: PHASE 1 Well Rehabilitation Services Task 1.1 Review and Evaluate Well Data & Prepare Memoranda $ 7,256 Task 1.2 Prepare Workplan/Technical Specification for Rehabilitation $ 9,720 Task 1.3 Provide Bid Phase Support $ 2,288 2.5% Communications Fee: $ 482 Phase 1 Total: $19,746 It is our understanding that the City desires a separate breakdown of costs for RCS services for the second phase of this project which will include the Field Monitoring of Rehabilitation Operations (Task 1.4) and Preparation of Summary Well Rehabilitation Report (Task 1.5). That scope of work and cost breakdown will be described under a separate proposal document. Payment will be based on the hours worked and on the current RCS Schedule of Charges. RCS services accrue on a time and expense basis in accordance with the attached Schedule of Charges. It is anticipated that RCS can submit a Task 1.1 Memorandum two weeks after the "kick-off' meeting of the Beverly Manor Well has been completed and receipt of the City's well data. Following receipt of possible comments provided by the City, RCS can provide the Task 1.2 Work Plan/Technical Specifications within a maximum period of 4 weeks. The estimated costs above do not include any Contractor costs that are necessary for the secondary well video log(s) or CITM surveys, the actual rehabilitation work, or other Contractor -provided services (such as those for a new casing liner). Based on recent rehabilitation work in southern California, RCS estimates the following costs for these services: • Initial Well Rehabilitation and Surveying Contractor Costs - $25,000 Kc11 Proposal for Hydrogeologic Services "! Well Evaluation and Preparation of Technical Specifications for IDWi Rehabilitation of Existing Beverly Manor Well f City of Seal Beach, California The initial (preliminary) well rehabilitation contractor costs estimated above includes approximately two (2) days of brushing and bailing in conjunction with the injection of hydrogen peroxide. This initial minor work would then be followed by a video survey and an ETM -24 (Casing Inspection Thickness Survey [CITM]). The estimate above also does not include the actual rehabilitation (mechanical development, chemical rehabilitation, test pumping and/or the potential installation of a casing liner or swage patch(s). the cost of equipping the well with a permanent pump and other above -ground appurtenances following that rehabilitation work. Standard of Performance; Disclaimer of Warranties Leve! 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 $19,746.00, 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 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 -4- Proposal for Hydrogeologic Services Well Evaluation and Preparation of Technical Specifications for Rehabilitation of Existing Beverly Manor Well City of Seal Beach, California 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' s 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 this proposal for hydrogeologic services for providing the City of Seal Beach with the initial preliminary hydrogeologic services related to assessing the rehabilitation potential and for preparing Technical Specifications related to the rehabilitation of City's Beverly Manor Well. If you have any questions regarding this proposal, please contact Joseph Amar via email (ioseph.amar(-Dreslade.com). Very truly yours, RICHARD C. SLADE & ASSOCIATES, LLC Richard C. Slade President and Principal Groundwater Geologist -5- Proposal for Hydrogeologic Services Well Evaluation and Preparation of Technical Specifications for Rehabilitation of Existing Beverly Manor Well City of Seal Beach, California RCS SCHEDULE OF CHARGES (FEE SCHEDULE) JANUARY 2021 Professional Services Hourly Rates • Principal Groundwater Geologist.........................................................................................$296.00 • Senior Groundwater Geologist.............................................................................................$248.00 • Staff Groundwater Geologist................................................................................................$186.00 • Field Groundwater Geologist...............................................................................................$127.00 • Clerical.................................................................................................................................$ 98.00 Field Equipment Charges • Pressure Transducers (water level & barometric pressure monitoring during pumping tests) ..................................................... $ 50.00/wk • Electric Tape Water Level................................................................................................. $ 25.00/day • Field Water Quality Probe (T, pH, EC)............................................................................... $ 50.00/day Litigation, Depositions and Testimony 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 orwhen the work is completed. A service charge of 1%% 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. 19 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance withthese aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. II CERTIFICATE OF LIABILITY INSURANCE ACo DAT 2/22021021 Y) 088/0/0 / 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 have ADDITIONAL INSURED provisions or 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 The Liberty Company Insurance Brokers Lic#OD79653 5955 De Soto Ave, Suite 250 Woodland Hills CA 91367 CONTACT Melinda Barton NAME: PHCONE -3960 FAX ANo Ext): A/C No): E-MAIL mbarton@libertycompany.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: Continental Casualty Company 20443 INSURED RICHARD C. SLADE &ASSOCIATES, LLC 14051 BURBANK BLVD STE 300 SHERMAN OAKS CA 91401 INSURER B : Transportation Insurance Co 20494 INSURER C: Property and Casualty Insurance Company of Hartford 34690 INSURER D: INSURER E : INSURER F: r MJFCDAr-ce (_FRTIFIf_ATF NI IMRFR• 21-22 UL -AU -UM -Wt: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOVTM%yr=7BEEN 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�TR TYPE OF INSURANCE INSD WVD POLICYNUMBER MM/DDIYYY MMIDPOLID EXP YY LIMITS Seal Beach CA 90740 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 F;Z;l CLAIMS -MADE OCCUR DAMAGE VO RENTED 1,000,000 PREMISES Ea occurrence S MED EXP (Any one person) s 10,000 A Y 2076842186 04/27/2021 04/27/2022 PERSONAL&ADV INJURY s 2,000,000 LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE S 4,000,000 PRODUCTS-COMPIOPAGG s4,000,000 POLICY ❑ PET � LOC M'OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 Ea accident BODILY INJURY (Per person) S ANYAUTO BODILY INJURY (Per accident) $ A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED XAUTOS ONLY X AUTOS ONLY Y 2076842186 04/27/2021 04/27/2022 PROPERTY DAMAGE S Per accident S X UMBRELLALIAB X OCCUR EACH OCCURRENCE S 1,000,000 AGGREGATE s 1,000,000 B EXCESS UAB CLAIMS -MADE Y 5096094007 04/27/2021 04/27/2022 DED I X1 RETENTIONS 10,000 s C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE M OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA 72WECEP3697 09/01/2021 09/01/2022 X1 STATUTE I I ERH E.L EACH ACCIDENT s 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Seal Beach, the City's directors, officers, employees, agents and volunteers are Included as additional insureds on General Liability Per SB146932F (Ed. 6-16), (Blanket Additional Insured and Liability Extension Endorsement) and on Auto Liability per SB146902G (Ed. 6-16), (Hired Auto and Non -Owned Auto Liability), subject to policy terms and conditions. Umbrella Liability is follow form. PAW! CI ll 1.`f86�LU-IO NI�V RU VVRrVI\MIIV Imo. MII IIa�11W ICJclrcu. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 8th St. AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 ll 1.`f86�LU-IO NI�V RU VVRrVI\MIIV Imo. MII IIa�11W ICJclrcu. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite '100 Corte Madera, CA 94925 DATE 09/02/21 CERTIFICATE HOLDER City of Seal Beach 211 8th St. Seal Beach, CA 90740 TERRA INSURANCE COMPANY CERTIFICATE OF INSURANCE 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 221148 01/01/21 12/31/21 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION 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 bui President