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HomeMy WebLinkAboutC-10001-1 - PSA for New Water Wells & Pipeline Project Hydrogeology ServicesPROFESSIONAL SERVICES AGREEMENT WITH RICHARD C. SLADE & ASSOCIATES, LLC FOR NEW WATER WELLS & PIPELINE PROJECT HYDROGEOLOGY SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 17th day of September, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RICHARD C. SLADE & ASSOCIATES, LLC, a California limited liability company ("Consultant"), whose address is 14051 Burbank Blvd Ste 300, Sherman Oaks, CA 91401, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide hydrogeologic services to the City for the proposed Bushard Street well ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 111=1N►yi The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2027, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Thousand Five Hundred Dollars and 00/100 ($60,500.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Richard C. Slade & Associates, LLC Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Anthony S. Hicke to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. Richard C. Slade & Associates, LLC Page 3 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in Richard C. Slade & Associates, LLC Page 4 this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual Richard C. Slade & Associates, LLC Page 5 relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. Richard C. Slade & Associates, LLC Page 6 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return Richard C. Slade & Associates, LLC Page 7 that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Director of Public Works Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Richard C. Slade & Associates, LLC Page 8 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Anthony S. Hicke Richard C. Slade & Associates, LLC 14051 Burbank Blvd Ste 300 Sherman Oaks, CA 91401 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the Richard C. Slade & Associates, LLC Page 9 event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES 29.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach Richard C. Slade & Associates, LLC Page 10 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Richard C. Slade & Associates, LLC Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: q1/!&/7—S By. L Aa on C. Harp D%-"� City Attorney �� ATTEST: Date: 1 (/ V 0Zo As - By: :�4 Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Y U1- Zg By. / David Webb Director of Public Works CONSULTANT: Richard C. Slade & Associates, LLC, a California limited liability company Date: Signed in Counterpart By: Anthony S. Hicke Member/Manager/President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Richard C. Slade & Associates, LLC Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: 0j-r By: Aart C. p City A or ey Dadector ofPublicWorks ATTEST: CONSULTANT: Richard C. Slade & Date: Associates, LLC, a California limited liability company, Date: io113 2< By: By: Molly Perrylnterim City Clerk An ony AS.Hicke� Member/Manager/President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Richard C. Slade & Associates, LLC Page 12 EXHIBIT SCOPE OF SERVICES Richard C. Slade & Associates, LLC Page A-1 0 RICHARD C. SLADE & ASSOCIATES LLC CONSULTING GROUNDWATER GEOLOGISTS City has recently selected and purchased a the property located at 17902 Bushard Street, in the City of Fountain Valley California (subject property) for the purpose of the construction of as many as two new municipal -supply water wells. The subject property lies on the east side of Bushard Street, slightly north of its intersection with Talbert Avenue. RCS provided initial hydrogeologic services for the Bushard Street property which resulted in publication of a Technical Memorandum dated July 15, 2025. Richard C. Slade & Associates LLC, Consulting Groundwater Geologists (RCS), is pleased to submit this proposal for providing hydrogeologic services to the City of Newport Beach (the City) for the proposed Bushard Street wells. Our tasks will generally consist of the following: • Conducting additional site assessment and evaluation services to further update the RCS proposed well site data review Technical Memorandum, dated July 15, 2024. • Preparing a set of Technical Specifications and line item bid sheets for two proposed municipal -supply water wells to be constructed and perforated within separate aquifer systems that underlies the City of Fountain Valley, California. • Preparing of a preliminary Drinking Water Source Assessment and Protection (DWSAP) report for the two proposed wells. 14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: (818) 506-04I8 • NORTHERN CALIFORNIA: (707) 963-3914 W W W.RCSLADE.COM Proposal for Hydrogeologic Services Technical Specifications & Bid Package for Two Municipal -Supply Water Wells 2 1� Proposed Bushard Street Wells :`-�— City of Newport Beach, CA Our Recommended Scope of Hydrogeologic Services presented below describes our specific methods and approaches for providing the necessary office services for the preparation of Technical Specifications and line item bid sheets for these two new water wells. BACKGROUND An Updated Technical Memorandum, "Updated Results of our Hydrogeologic Review of Data Acquired from Orange County (OCWD) for Groundwater Monitoring Well M- 45 in Fountain Valley, CA", prepared by RCS and dated July 15, 2024. Overall, RCS determine part of the data review data review determined that there is adequate space on the property to site, drill, develop, construct, and test up to two municipal -supply water wells at the proposed site, and that, based on available water quality data, there do not appear to be any "fatal flaws" for the proposed new wells at the subject property. In addition, the Technical Memorandum described certain key construction considerations to be to be addressed during the drilling, construction, development, and testing of the proposed Bushard Street wells. Those key considerations will guide the development of the Technical Specifications produced as part of this proposal. RECOMMENDED SCOPE OF HYDROGEOLOGIC SERVICES Task 1 — Additional Site Assessment and Evaluation Task 1.1 — Update Hydrogeologic Data & Well Siting Elements of Bushard Well Site For this task, RCS will update the July 15, 2025 hydrogeologic analysis and well drilling feasibility assessment with new data, as available. Additional hydrogeologic data will be collected, reviewed and analyzed to help further determine local hydrogeologic conditions, the final depth of drilling of the pilot holes for the new wells, and the preliminary design of the proposed wells. RCS tasks will consist of the following: • Assess the preliminary well site layout ("Well Site Plan" figure) prepared by MKN for the City, dated March, 17, 2025. RCS will determine if the City's preliminary well locations meet County and State DDW requirements. It is possible a variance request to DDW may be necessary to accommodate the MKN-proposed well locations to accommodate DDW's 50-ft wellhead clearance and setback requirements. • Hydrogeologic analysis of the data, including, but not limited to, correlation of E-logs from other nearby City wells, wells owned by others in the area and nearby oil wells. • Acquire, tabulate and update available water quality data and water level data from the nearby OCWD M-45 nested monitoring well. o Assess PFAS and other surface -related contaminant data in the shallower zones o Assess colored water and other contaminated water quality constituents in the deeper zones that are reported to exist in the upper Main aquifers in the basin. Task 1.2 —Well Design "Workshop" Meeting with City (Virtual) RCS shall prepare for and attend a one workshop meeting (virtual) with the City's Public Works team, the City's Utilities Director, and others, to present the findings from the Task 1.1 work Proposal for Hydrogeologic Services Technical Specifications & Bid Package for Two Municipal -Supply Water Wells 3 Proposed Bushard Street Wells City of Newport Beach, CA described above. The goal of the meeting will be to receive "final approval" of the well locations and site configurations. One key issue will be to determine the feasibility of drilling and constructing one shallow well and one deep well, similar to the City's Tamura and Dolphin wells. Final approval of the well locations and depths will all RCS to begin the Task 2 work. Task 2 — Prepare Technical Specifications and Assist in Bidding Process Task 2.1 — Preparation of Technical Specifications Prepare the well drilling and construction portions of the Technical Specifications for the City. These documents are to be included with the "boiler plate" sections that are to be prepared by the City. It is assumed that the two wells will be bid out under a single City contract and, thus, only one complete set of Technical Specifications and bid sheets will need to be prepared for the construction of both wells. The Technical Specifications will address the following drilling, construction and testing methods for each of the proposed wells. o Site preparation activities (clearing, grubbing, grading). o Drilling/construction method for the well and drilling fluids control parameters and methods. o Types and materials for sound attenuation for noise mitigation. o City -required work hour restrictions to accommodate residential neighbors as well the nearby school hours and traffic. o Estimated pilot hole drilling depth. o Downhole geophysical surveying (types of electric logs). o Isolated aquifer zone testing methods and sampling requirements. o Depth(s) and diameter(s) of borehole ream(s). o Casing material types, casing diameters and casing depths. o The type and size of casing perforations and lengths of such casing. o The depth(s) of possible deep cement annular sanitary seal(s) or aquifer seals. o The anticipated gravel pack gradation and depth placement. o Mechanical, chemical, and pumping development criteria. o Water quality sampling and analysis for isolated aquifer zone testing and for the Final wellblend water quality samples. o NPDES permit requirements, sampling, analysis, treatment, and compliance measures. o Step drawdown test and constant rate pumping test criteria. o Information for the final spinner test and depth discrete groundwater sampling under pumping conditions. o Final video survey, alignment survey and completion of wellhead. It must be noted that permanent pumps, motors, well pedestal and permanent discharge pipelines will not be included in the well drilling Technical Specifications described above. RCS understands those components will be included in a subsequent bid package and will be addressed by others for a separate contract. Proposal for Hydrogeologic Services Technical Specifications & Bid Package for Two Municipal -Supply Water Wells 4 �1 Proposed Bushard Street Wells City of Newport Beach, CA Task 2.2 — Estimate of Probable Construction Costs Prepare a detailed estimate for the probable cost of the drilling, construction and testing of the new proposed wells, exclusive of the permanent pump and aboveground appurtenances. The construction cost estimate will be based on current contractor costs (as determined from several of our other recent/current projects for other clients) and RCS will be able to provide the City with a realistic expectation of drilling and construction costs for the two new wells. This RCS cost estimate will be especially useful to the City in its budgetary considerations for the two proposed water wells. Task 2.3 — Pre -Bid Meeting and Bid Assistance Prepare for and attend a pre -bid meeting and provide pre -bid clarifications and/or addenda, if necessary. This meeting is to allow potential bidders to understand site logistics such as access, available water supply, location of utilities, and fluids disposal options. In addition, this meeting will enable the prospective bidders to become familiar with the requirements of the City and to become aware of the City's needs and desires in completing the goals of this multiple well construction project. RCS will also assist in the review of contractor bids for well construction received by the City. Task 3 — Prepare Preliminary Drinking Water Source Assessment and Protection (DWSAP) Prepare two preliminary Source Water Assessment Program (SWAP) reports for the DWSAP administered by the California Department of Drinking Water (DDW) for the proposed two new Bushard Site wells. This effort is to be compliant with the 1996 Safe Drinking Water Act (SDWA) and Section 11672.60 of the California Health and Safety Code. It is understood that only a standard/generalized SWAP report is to be prepared by RCS for each of the two new Bushard Wells and submitted to the DDW with the goal of receiving a tentative "sign off' approval of the two new wells from the local DDW office; RCS will coordinate with the City to present the SWAP at a meeting with DDW, if needed. This SWAP task has historically been performed after the new wells have been constructed and after they have been equipped with permanent pumps, because the final pumping rate data for the new wells are required in order to complete the reports; these latter data will not be received until after the wells have been constructed and tested. However, RCS strongly recommends, as stated above, preparing the vast majority of each report far in advance of well construction, and preferably in advance of publication of the Technical Specifications for public bidding. These draft documents should then be submitted to DDW for initial review and concurrence. Following construction of the wells, RCS will assist the City with finalizing the documents once the wells are tested and equipped. Preparation of the SWAP reports will consist of preparing specific DDW forms with regard to the following elements: o Location of wells in accordance with the township, range, and section, and the latitude and longitude coordinates. o An inventory/listing of potential contaminating activities (PCAs) and a vulnerability assessment as inventoried by a third party Environmental Data Resources (EDR) report that will be retained by RCS for this project. A similar inventory/listing of PCAs was performed as part of the RCS July 15, 2024 Tech Memo work; this list will only Proposal for Hydrogeologic ServicesjZ� Technical Specifications & Bid Package for Two Municipal -Supply Water Wells 5 Proposed Bushard Street Wells 1 City of Newport Beach, CA need to be updated. o Delineation of groundwater protection zones and watershed boundaries, if applicable and the preparation of an assessment map illustrating these groundwater protection zones (or 2, 5 and 10 year capture zones, as applicable). This map will also illustrate the location of the PCAs, as determined in this subtask. o Preparation of a physical barrier effectiveness checklist based on encountered hydrogeologic conditions beneath the site. This is for the purpose of evaluating the vulnerability of the proposed well sites to possible PCAs in proximity to the sites. o Preparation of a well data sheet listing pertinent details of the construction of the wells, along with information on its installed permanent pumps and their pumping parameters. EXHIBIT B SCHEDULE OF BILLING RATES Richard C. Slade & Associates, LLC Page B-1 Proposal for Hydrogeologic Servicesj�� Technical Specifications & Bid Package for Two Municipal -Supply Water Wells Proposed Bushard Street Wells City of Newport Beach, CA SCHEDULE AND COST ESTIMATE It is anticipated that a first Draft of the Technical Specifications and bid sheets will be submitted to City staff for review within weeks following our receipt of a notice -to -proceed. Following receipt of possible comments to the Draft, a final Draft of the Technical Specifications can be provided within two additional weeks following receipt of any comments from the review of that document by City Staff. For this well design project, the cost for our professional services, as described above, to be as follows: Estimated RCS Task Description Costs Task 1 Additional Site Assessment and Evaluation $15,000 Task 2 Prepare Technical Specifications and Assist in Bidding $28,500 Process Task 3 Prepare Preliminary Drinking Water Source Assessment $17,000 and Protection (DWSAP) Reports (2) RCS Total Professional Services: $60,500 (Includes a 2.5% Administrative Fee and Direct Costs): Payment will be based on the hours worked and our current Schedule of Charges. Our services accrue on a time and expense basis in accordance with the attached Schedule of Charges. TOTAL NOT TO EXCEED: $60,500.00 Proposal for Hydrogeologic Services Technical Specifications & Bid Package for Two Municipal -Supply Water Wells Proposed Bushard Street Wells City of Newport Beach, CA CONFIDENTIAL & PROPRIETARY SCHEDULE OF CHARGES January 2025 Professional Services Principal Groundwater Geologist Senior Groundwater Geologist Staff Groundwater Geologist Field Groundwater Geologist Administrative/Clerical Field Equipment Charges Pressure Transducers (water level & barometric pressure monitoring during pumping tests) Electric Tape Water Level Probe Field Water Quality Probe (T, pH, EC) Litigation, Depositions and Testimony Hourly Rates $295.00 $249.00 $216.00 $144.00 $109.00 $150.00/wk $50.00/day $75.00/day Depositions and trial testimony are charged at twice the hourly rate (4-hour minimum/day). Travel Time and Mileage Travel time for meetings and/or to job sites will be charged at our standard hourly rates. Mileage is charged at the current IRS rate. Administrative Fee In-house costs for phone, e-mail, fax, regular postage, printing, copying, binding, and records retention, unless otherwise provided for in our project proposal Scope of Services, 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 Client will furnish rights -of -way to land as required for field visits and field operations, such as sampling or testing of water wells. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from bodily injury, property damage, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Consultant shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 Richard C. Slade & Associates, LLC Page C-1 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Consultant shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant's primary and excess/umbrella liability policies are exhausted. Consultant shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its Richard C. Slade & Associates, LLC Page C-2 subconsultants. B. Additional Insured Status. All liability policies including general liability, excess/umbrella liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. E. Subconsultants. Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subconsultants. For CGL coverage subconsultants shall provide coverage with a format at least as broad as CG 20 38 04 13. Limits of liability for General Liability and Professional Liability (Errors & Omissions) in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance Richard C. Slade & Associates, LLC Page C-3 policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subconsultants or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subconsultants. For CGL coverage, subconsultants shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City Richard C. Slade & Associates, LLC Page C-4 shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Richard C. Slade & Associates, LLC Page C-5 $ k � ) . & 3 ( § ; � $ ) & k $ 2 } & �/ = t a \�k t ƒ ) 3 c . 2 / f . 3 k 7 : W . I g .a . d { 2 \ . . � \ \ . , ! � \ � ; £ . ( o ) �^ a 7 § g ) . cn ).\ § � t %;§ z �/ ' § < B� �'g )* f»- § f \�- k t- § E t) `t § $; fi ) . § t ) 9, c.c �- / c / t §