HomeMy WebLinkAboutAGR-7810 - RICHARD C. SLADE & ASSOCIATES, LLC. - WELL 28 HYDROGEOLOGIC SERVICESPROFESSIONAL SERVICES AGREEMENT
[Well 28 Hydrogeologic Services]
THIS PROFESSIONAL SERVICES AGREEMENT
Orange, California, on this _____ day of ________________, 2025 (
RICHARD C. SLADE &
ASSOCIATES, LLC, a California limited liability company (Contractor ), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Tuan Cao, Senior Civil Engineer
Contractor will report for the performance of services hereunder. It is understood that Contractor
performance hereunder shall be under the supervision of City
designee), that Contractor shall coordinate its services hereunder with City
the extent required by City
Contractor shall be performed to the satisfaction of City the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed NINETEEN THOUSAND SEVEN HUNDRED EIGHT DOLLARS
and 00/100 ($19,708.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
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b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after
the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement.
services to be performed and compensation therefor. All amendments shall set forth the changes
of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor
.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not, under any circumstances, be considered employees of City, and that they shall
not be entitled to any of the benefits or rights afforded employees of City, including, but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
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8. Designated Persons. Only those qualified persons authorized by City
Manager, shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion. Contractor
shall commence the work provided for in this Agreement within five (5) days of the Effective Date
of this Agreement and diligently prosecute completion of the work in accordance with the time
as otherwise agreed to by and between the representatives
of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay, Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
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Such actions shall include, but not be limited to the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City
out of:
(1)
employee benefit acts with respect to Contractor Contractor sub
employees arising out of Contractor including any and all claims
under any law pertaining to Contractor or its employees status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation
employed by Contractor, either directly or by independent contract, including all damages due to
loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are the subject of
this Agreement, including injury or damage either on o
injury, death or damage caused by the active negligence or willful misconduct of City. Contractor,
at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such claim or liability
covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against
the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage
under this subparagraph.
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b. Reserved.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of (1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth herein
shall be maintained for the duration of the Agreement.
f. Reserved.
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g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten (10) days prior written notice to City.
i. Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class V or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein, a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
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20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3) years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three (3) notice from City, and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b.
that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must
be paid, to the extent Contractor
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract,
Contractor must meet all State registration requirements and criteria, including project compliance
monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
(IRCA); and
(2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
(3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor
employees; and
(4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
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Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide, to the reasonable satisfaction of City, verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee, that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement, oral or written, pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
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CONTRACTOR
RICHARD C. SLADE & ASSOCIATES LLC City of Orange
14051 Burbank Blvd, Suite 300 300 E. Chapman Avenue
Sherman Oaks, CA 91401 Orange, CA 92866-1591
Attn.: Richard Slade Attn.: Tuan Cao
Telephone: (818) 506-0418 Telephone: (714) 288-2475
E-Mail: Richard.Slade@rcslade.com E-Mail: tcao@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
[Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR
RICHARD C. SLADE & ASSOCIATES, LLC, CITY OF ORANGE, a municipal corporation
a California limited liability company
*By: By:
Printed Name: Thomas C. Kisela, City Manager
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
City.
Vice President
Anthony Hicke
President
Richard C. Slade
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SCOPE OF SERVICES
[Beneath this sheet.]
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RICHARD C. SLADE & ASSOCIATES LLC
CONSULTING GROUNDWATER GEOLOGISTS
14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401
SOUTHERN CALIFORNIA: (818) 506-0418 • NORTHERN CALIFORNIA: (707) 963-3914
WWW.RCSLADE.COM
Confidential and Proprietary
February 3, 2025
To: Mr. Tuan Cao, PE
City of Orange
Public Works Department – Water Division
Via email: tcao@cityoforange.org
Job No. 840-OGE01
Re: Proposal for Hydrogeologic Services
Field Monitoring and Reporting Services for the
Rehabilitation of City of Orange Well No. 28
City of Orange Public Works Department – Water Division
Orange, Orange County, California
Dear Mr. Cao:
Richard C. Slade & Associates LLC, Consulting Groundwater Geologists (RCS), is pleased to
submit this proposal for providing continuing hydrogeologic office and field services for the
rehabilitation of the City of Orange (the City) Well No. 28 (subject well). This well is located within
the City of Orange, as seen on Figure 1, “Well Location Map”.
Summary of Project History
In 2021 and 2022, RCS provided hydrogeologic services (as part of a team with Tetra Tech, Inc.
[TTI], the prime consultant for that project) and provided services for the subject well including,
but not limited to: the preparation of a Preliminary Design Report (PDR); preparation of the
Technical Specifications and Bid Package for the drilling, construction, testing and development
of the subject well; field and design services for the drilling, construction, testing and development
of the subject well; preparation of a final summary report; and preparation of a Drinking Water
Source Assessment and Protection (DWSAP) Report for submission to the State Division of
Drinking Water. We understand the subject well has been idle since February 2022 while awaiting
equipping by Environmental Construction, Inc. (ECI), the City’s equipping Contractor. The
Technical Specifications contract prepared by TTI for the equipping of the subject well contained
two optional bid items in Section 02480 “Well Rehabilitation” that included:
1. Rehabilitation of the well by brushing the well and bailing sediment fill from the well
casing.
2. Installation of a temporary test pump and conduct pumping development (pumping
and surging) for a maximum time period of 48 hours.
A well video survey of the subject well was performed by Advance Downhole Superior Well
Surveys in August 2024. That video survey and summary log were provided to RCS and TTI, and
RCS was asked by the City to review and comment on the existing well condition based on the
video. RCS observed in the August 2024 video survey moderate to significant bacterial matter
(biogrowth) within and on the outside of the majority of the well casing louvers (perforations) from
334 ft to the total depth of the well. Chemical precipitates and/or scaling did not appear to be
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Proposal for Hydrogeologic Services
Field Monitoring and Reporting Services for the
Rehabilitation of City of Orange Well No. 28
City of Orange Public Works Department – Water Division
Orange, Orange County, California
-2-
present in or on the louvers in that video. Based on this RCS review, RCS recommended that the
City execute the two optional bid items for the TTI specified rehabilitation work of the subject well
prior to the equipping phase. The City then notified that General Pump Company (GPC) of San
Dimas, California, (the Pump Services Subcontractor to ECI) of their intent to move forward with
the optional Rehabilitation work.
In an email on January 14, 2025, the City requested a Proposal for Hydrogeologic Services from
RCS for field observations and reporting for the two optional rehabilitation work bid items
described above. As part of the data gathering process for proposal preparation, RCS was
informed that GPC had already performed a portion of the first optional rehabilitation bid item.
Neither the City nor RCS were notified by ECI or GPC in advance of the well brushing work
performed by GPC; that work was therefore not observed by RCS staff. At a virtual meeting held
on January 27, 2025, GPC reported that the subject well was brushed over a period of two days
during the week of January 13, 2025. It is unclear at this time how many hours of brushing were
performed by GPC, what depth intervals were brushed, the size/type/condition of the brush used
for the work, and the depth measurement (“tag”) of sediment fill following the reported brushing.
During the January 27, 2025 meeting, GPC and ECI also recommended work tasks in addition to
the optional rehabilitation bid items. GPC recommended performing Air Bursting, sediment bailing
and a follow-up well video survey instead of performing pumping redevelopment with a test pump;
and GPC recommended performing the pumping redevelopment activities with the City’s
permanent pump, once installed, and not a test pump (it is unclear at this time if the City-owned
pump has a foot valve; a foot valve may make redevelopment with the City’s permanent pump
less effective).
Current Project Status and Upcoming Activities
Discussions between the City, RCS, TTI, ECI and GPC related to the work to be performed at the
subject well are ongoing and have yet to be finalized. During the January 27, 2025 meeting,
GPC/ECI also committed to collecting a sample of the material that was removed from the bottom
of the well, and a sample of water from the well used (to be analyzed for general minerals and
microbiological character). Those samples are to be submitted by GPC/ECI to a City-approved
State-certified laboratory. RCS will not be involved in the sampling, transport or and processing
of those samples. Because the additional tasks proposed by GPC are not included in optional
rehabilitation items included in the Technical Specifications prepared by TTI, the City and RCS
have requested that GPC prepare an updated work plan to be reviewed. RCS will provide
comments on GPC’s work plan to the City, for City acceptance and approval.
The City has requested that RCS prepare a Proposal for Hydrogeologic Services for office
services and field observation of the updated rehabilitation tasks and reporting for work described
above. Below RCS presents our proposed Scope of Hydrogeologic Services and cost estimate
for our work.
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Proposal for Hydrogeologic Services
Field Monitoring and Reporting Services for the
Rehabilitation of City of Orange Well No. 28
City of Orange Public Works Department – Water Division
Orange, Orange County, California
-3-
SCOPE OF HYDROGEOLOGIC SERVICES
Task 1 – Review of Updated GPC Rehabilitation Workplan.
RCS will review and provide comments on GPC’s updated rehabilitation work plan for the subject
well. This review work may include contact or additional meetings with GPC, ECI, TTI and/or the
City. Two additional virtual meetings are estimated for this task. Further, the work is expected to
include the results of the additional field samples to be collected by GPC.
Task 2 – Field Monitoring of Well Rehabilitation Operations
Once the GPC updated rehabilitation work plan has been approved by the City, RCS groundwater
geologists will be available to provide field observation of Contractor activities at the well site.
Because the work plan document is not yet available, field work associated with Task 2 are subject
to change. The field observation services are to help 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 City-approved Updated Work Plan. Tasks for which RCS will provide field
services during well rehabilitation could likely consist of the following:
O Subtask 2.1: “Air-Jetting” and Bailing. Observe “Air-Jetting” methods conducted by the
Contractor at the well. It is anticipated that the AirBurst® method will be utilized by the
Contractor. This Airbursting® task is estimated to take one (1) day. RCS will also observe
the tagging and bailing of sediment fill in the bottom of the well, following Airbursting®
activities. It was reported by GPC that brushing activities were previously executed without
any subsequent bailing. The RCS groundwater geologist will be present to observe the
tagging and bailing activities on a part-time basis. This bailing task may take one (1)
additional day following Airbursting® activities.
O Subtask 2.2: Final Video Survey. Following bailing activities, a final video of the
newly-rehabilitated well will be performed to help document its final post-rehabilitation
condition. An RCS groundwater geologist will be present to observe the final video survey
activities.
O Subtask 2.3: Pumping Redevelopment. RCS will be present on a part-time basis, during
startup and near the end of pumping redevelopment of the well. We understand pumping
redevelopment is proposed to be completed using the City’s permanent pump. It is unclear
at this time whether a totalizer/flowmeter device, Rossum Sand Tester and or sample port
will be installed at the well head of the City’s permanent pump. If those devices are not
installed, the scope of RCS’s observations and recommendations may be limited, as those
data are critical to assess well performance. RCS will be onsite to observe pumping
redevelopment on a part-time basis and also be in close contact with the Contractor to
acquire pertinent data via phone or email communication.
Task 3 – Summary of Well Rehabilitation Operations Tech Memo
Prepare a Summary of Well Rehabilitation Operations Technical Memorandum for the newly
rehabilitated subject well to help document rehabilitation operations. The report will discuss
Docusign Envelope ID: 451F5341-8F94-4CC6-BD6E-47B2B77A022B
Proposal for Hydrogeologic Services
Field Monitoring and Reporting Services for the
Rehabilitation of City of Orange Well No. 28
City of Orange Public Works Department – Water Division
Orange, Orange County, California
-4-
rehabilitation operations and summarize RCS observations regarding the actual rehabilitation
work performed on the well. Depending on data collected, the report will consist of the following,
as available/feasible:
o A basic chronological history of well rehabilitation operations.
o A description of each rehabilitation method used and the results of those methods.
o Daily field reports by the onsite groundwater geologist.
o An evaluation/analysis of the pumping redevelopment in the well and an assessment
of its new pumping capacity and specific capacity of the well based on pumping
development (short-term pumping) data.
o Occasional photographs to help document rehabilitation methods.
o Supporting documentation on well rehabilitation operations, such as the Contractor’s
daily records, pumping redevelopment sheets, and laboratory results of the
groundwater and bacteriological samples, and/or of scale samples.
o The report will also have attendant tables, figures, and drawings to help document
work conducted on the well.
A Draft Tech Memo for the well will be submitted to the City for review and comment. Following
that review, City comments will be incorporated into the Final Tech Memo, and an electronic copy
of the document in an Adobe PDF format will be submitted to City.
COST ESTIMATE FOR HYDROGEOLOGIC SERVICES
The attached Table 1 provides details of our cost estimate for each of the tasks listed in our Scope
of Hydrogeologic Services. The cost for each task is as follows:
Task Description
Estimated
RCS
Costs
Task 1 Task 1 – Review of Updated GPC Rehabilitation Workplan. $2,068
Task 2 Field Monitoring/Observation of Well Rehabilitation Operations $12,316
Task 3 Summary of Well Rehabilitation Operations Tech Memo $5,324
RCS Total Professional Services:
(Includes a 2.5% Administrative Fee and Direct Costs): $19,708
Our services will be billed on a time-and materials basis, with the total estimated cost representing
a not-to-exceed limit within the limits of our assumptions presented below. RCS and its
groundwater geologists are committed to this project. RCS is a small company, and our
professional staff of nine groundwater geologists consists of experienced groundwater geologists.
Our estimated fees are based on information received to date, and an estimate of work to be
Docusign Envelope ID: 451F5341-8F94-4CC6-BD6E-47B2B77A022B
Proposal for Hydrogeologic Services
Field Monitoring and Reporting Services for the
Rehabilitation of City of Orange Well No. 28
City of Orange Public Works Department – Water Division
Orange, Orange County, California
-5-
performed at the subject well. Because GPC’s updated work plan document is not yet available,
field work associated with Task 2 are subject to change. Any changes and associated changes
in cost associated with the updated work plan will be approved by the City before completion of
the 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. Any
reuse or modification of the Work by Owner or anyone obtaining it through Owner will be at
Owner’s sole risk and without liability to Consultant. Owner will defend, indemnify and hold
Consultant harmless from all third party claims, demands, actions, and expenses (including
reasonable attorney’s fees, expert fees, and other costs of defense) arising out of or in any way
related to the reuse or modification of the Work by Owner or it anyone obtaining through Owner.
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 $19,708.00, 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
Docusign Envelope ID: 451F5341-8F94-4CC6-BD6E-47B2B77A022B
Proposal for Hydrogeologic Services
Field Monitoring and Reporting Services for the
Rehabilitation of City of Orange Well No. 28
City of Orange Public Works Department – Water Division
Orange, Orange County, California
-6-
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 providing the City of Orange with
hydrogeologic services related to field monitoring and reporting services for Well No. 28. If you
have any questions regarding this proposal, please contact Joseph Amar via email
(joe.amar@rcslade.com).
Very truly yours,
RICHARD C. SLADE & ASSOCIATES, LLC
Anthony Hicke
Vice President and Principal Groundwater Geologist
Docusign Envelope ID: 451F5341-8F94-4CC6-BD6E-47B2B77A022B
Proposal for Hydrogeologic Services
Field Monitoring and Reporting Services for the
Rehabilitation of City of Orange Well No. 28
City of Orange Public Works Department – Water Division
Orange, Orange County, California
-7-
SCHEDULE OF CHARGES
January 2025
Professional Services Hourly Rates
Principal Groundwater Geologist $295.00
Senior Groundwater Geologist $249.00
Staff Groundwater Geologist $216.00
Field Groundwater Geologist $144.00
Clerical $109.00
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 1½% 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.
Docusign Envelope ID: 451F5341-8F94-4CC6-BD6E-47B2B77A022B
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Orange Water
Well 28
840 0 840420
US Feet
Esri Community Maps Contributors, County of Los Angeles, Esri, HERE, Garmin, SafeGraph,
INCREMENT P, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau,
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FIGURE 1
WELL LOCATION MAP
RCS Job No. 106-OGE18 January 2025
LEGEND
Orange Water Well 28
Docusign Envelope ID: 451F5341-8F94-4CC6-BD6E-47B2B77A022B
HOURS COST HOURS COST HOURS COST HOURS COST
2 $590 4 $996 2 $432 0 $0 0 $0 $2,018 $50 $0 $50 8 $2,068
Subtask 2.1 2 $590 2 $498 1 $216 20 $2,880 0 $0 $4,198 $105 $210 $315 25 $4,499
Subtask 2.2 2 $590 2 $498 1 $216 8 $1,152 0 $0 $2,470 $62 $105 $167 13 $2,623
Subtask 2.3 2 $590 2 $498 1 $216 24 $3,456 0 $0 $4,774 $119 $315 $434 29 $5,194
$12,316
2 $590 2 $498 18 $3,888 0 $0 2 $218 $5,194 $130 $0 $130 24 $5,324
10 $2,950 12 $2,988 23 $4,968 52 $7,488 2 $218 $18,654 $466 $630 $1,096 99 $19,708
$19,708
Final Video Survey
Task 2 Estimated Cost:
FIELD
GROUNDWATER
GEOLOGIST
PRINCIPAL
GROUNDWATER
GEOLOGIST
$249 $144
CLERICAL
PERSONNEL
ESTIMATED COSTS FOR RCS SERVICES>
$109
TOTAL
Task &,
Subtask
COST
Project Totals:
$216
SUBTOTAL
STAFF
COST
Task 2 - Field Monitoring/Observation of Well Rehabilitation Operations
Pumping Redevelopment with Permanent Pump
Task 3- Summary of Well Rehabilitation Operations Tech Memo
TABLE 1
RCS MAN-HOUR AND COST ESTIMATE DETAIL
OFFICE AND FIELD SERVICES FOR ORANGE WELL NO. 28 REHABILITATION
JANUARY 2025
TASK & Task 2, Subtask LISTINGS TOTAL
DIRECT
COSTS
Task 1- Renewal of Updated GPC Rehabilitation Workplan
$295
"Air-Jetting" and Bailing
TOTAL
MAN-
HOURS
STAFF
GROUNDWATER
GEOLOGIST 2.5%
ADMIN
FEE
DIRECT
COSTS
SENIOR
GROUNDWATER
GEOLOGIST
City of Orange
RCS Job No. 840-OGE1 Orange Well No. 28
Docusign Envelope ID: 451F5341-8F94-4CC6-BD6E-47B2B77A022B