Fountain Valley City Council
September 19, 2023

Richard C. Slade & Associates LLC (RCS), the City Council approved on-call consultant for Hydrogeologist/Well Rehab services, has submitted a proposal in the amount of $73,999. This proposal includes field inspection services, preparation of a final well rehabilitation report as well as the Drinking Water Source Assessment and Protection (DWSAP) document, in accordance with the Division of Drinking Water requirements for well permitting. The State Water Resources Control Board (SWRCB) requires the DWSAP document after well rehabilitation is completed.

Staff is recommending that City Council:

1. Accept the bid and award a construction contract in the amount of $592,730 to General Pump Company, Inc. for Project No. 24029, Well No. 11 Rehabilitation Project;

2. Accept the Richard C. Slade & Associates LLC Proposal in the amount of $73,999; and;

3. Approve Amendment No. 1 to the Richard C. Slade & Associates LLC CON 21-14 in the amount of $43,583.13.

DISCUSSION:

The City of Fountain Valley owns and operates six (6) groundwater wells located throughout the City. Water production from groundwater wells is the least expensive resource for water that the City delivers to the residents of Fountain Valley. Water wells, like other distribution system assets, require periodic maintenance and rehabilitation. Continually maintaining equipment and facilities helps to ensure and maximize the production from these wells.

Groundwater production from the wells has been declining. Although the overall groundwater level has declined due to drought conditions, rehabilitation of these wells will help to recover a portion, if not all, of the groundwater production loss.

Well No. 11 was drilled in 1987 to a depth of 1,027 feet and was last fully rehabilitated in 1994.

In 2019, the pump was pulled to perform a video inspection, to determine the specific rehabilitation needs of this well. When the pump was pulled, it was found that the pump strainer separated and sections were missing. The well video inspection found an unknown blockage at 280 feet down. Utilizing specialized tools, the blockage was removed and was determined to be pieces of the strainer along with well-level-sounding transducer leads. The well was again videoed and another blockage was found at 669 feet down. Similar attempts to remove this blockage by two separate contractors proved unsuccessful. The well is currently shut down and inoperable.

On February 4, 2022, the City issued a Request for Qualifications (RFQ) for qualified and experienced contractors, per the City’s Municipal Code and Purchasing Policy (FVMC chapter

2.30.020) to provide as-needed and emergency on-call maintenance, repair and rehabilitation services for the City’s water wells, pumps and electric motors. This request for qualifications requires contractors possess a valid Class A – General Engineering license and a Class C-57 – Well Drilling license, as well as a minimum of 5 years in business performing maintenance, repair, and rehabilitation services similar to the scope of work. Projects may include, and are not limited to the following:

Well No. 11 – General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14
September 19, 2023

 the repair, removal, installation, rehabilitation, and replacement of pumps, pump bowls, impellers, pump shafts, and bearings, stuffing box and packing, motors, well columns, well casings, discharge heads, suction pipes, base plates, lube assembly, level transmitters, etc.;
 electric motor maintenance and repair;
 well rehabilitation, cleaning, and disinfection; and
 the furnishing of parts and labor in conjunction with such work.

The selected contractor(s) shall provide water well, pump and motor maintenance, repair and rehabilitation services on an as-needed and on-call basis in accordance with the terms of the Contract and the General and Special Provisions. The Contract will have an initial term of three (3) years, with the option for one (1) two-year extension.

On March 8, 2022, the City received three (3) qualifications proposals from qualified contractors for as-needed water well, pump and motor maintenance, repair and rehabilitation services. The three (3) companies that submitted qualifications to the City are:

1. General Pump Company, Inc.

2. Layne Christensen Company

3. Weber Water Resources CA, LLC.

On May 3, 2022, City Council awarded contracts to all three (3) qualified contractors for the on-call list for as-needed water well, pump and motor maintenance, repair, and rehabilitation services based on the total combined score and their areas of expertise. The three (3) contractors selected have completed similar work at other Orange County municipalities and have proven to be reliable and reputable contractors.

The City reserves the right to cancel any of these contracts for any reason, put them on hold, or move on to a different contractor. Executing an on-call contract with the City does not guarantee that a contractor will receive work during the on-call period. It is the intent of the Public Works Department to distribute the work amongst the firms and award specific projects to firms that are most suited and available to complete the specific type of work.

On August 10, 2023, through a competitive bidding process, the City solicited to all three (3) contractors, from the City Council approved on-call contractor list, and received proposals from one (1) of the three (3) qualified contractors. On August 24, 2023, the City received one (1) bid for Project No. 24029, Well No. 11 Rehabilitation Project. The responsive bidder, General Pump Company, Inc. submitted a bid in the amount of $592,730 in accordance with City requirements and purchasing policies. City staff has confirmed the bid to be fair value as the bid was less than 10% more than the engineer’s estimate. The Fiscal Year 2023-24 project budget for the Well No. 11 Rehabilitation Project (Project) is $1,000,000. Project No. 24029, Well No. 11 Rehabilitation will be funded entirely through the FY 2023-24 Water Enterprise Fund (Fund 500).

A review of the bid documents from the sole bidder, General Pump Company, Inc., indicated that their bid was responsive, within the City requirements and specifications, and indicated

Well No. 11 – General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14
September 19, 2023

that they have successfully completed similar projects in Orange, Riverside, Los Angeles and San Bernardino Counties. They have also successfully completed similar projects for the City of Fountain Valley in the past, where they have proven to be a reliable contractor.

The bid from General Pump Company, Inc. is within budget and appears to be indicative of the current market for this type of work.

On February 25, 2021, the City received six (6) proposals in response to the Hydrogeological/Well Rehabilitation Consultant Services Request for Proposal (RFP) 21-001.

After carefully evaluating the written proposals and factoring in the cost proposals, on April 20, 2021, staff recommended the award of the Hydrogeological/Well Rehabilitation Consultant Services contract to Richard C Slade & Associates LLC (RCS), and City Council awarded this contract to RCS. The Fiscal Year 2023-2024 project budget for hydrogeology/well rehabilitation consultant services is $150,000.

Since City Council award of the Hydrogeological/Well Rehabilitation Consultant Services contract to Richard C. Slade & Associates LLC, RCS prepared a separate Summary of Well Rehabilitation Operations report for each of the six wells to help document the rehabilitation operations. Each report describes rehabilitation operations and summarizes RCS’s observations regarding rehabilitation work. In addition, RCS has provided the City with hydrogeological services upon request of City Staff, on an as-needed basis. Moreover, Richard C. Slade & Associates LLC has been preparing a set of Technical Specifications for the rehabilitation of Well No. 11 and provided bidding support services.

Richard C. Slade & Associates LLC has submitted a proposal for $73,999, which includes the following tasks: field inspection services and geologists will be available to provide field observation of contractor activities at Well No. 11 in order to assist with the documentation that the contractor performed the work in general compliance with the Workplan/Technical Specifications. In addition, RCS will prepare a summary of well rehabilitation report as well as the Drinking Water Source Assessment and Protection (DWSAP) document for Well No. 11 in accordance with the Division of Drinking Water requirements for well permitting. The State Water Resources Control Board (SWRCB) requires the DWSAP as it is possible that the pumping characteristic may change at Well No. 11 after rehabilitation is completed.

FISCAL REVIEW:

The budget for Project No. 24029, Well No. 11 Rehabilitation Project is $1,000,000, which is to-be funded entirely through the FY 2023-2024 Water Enterprise Fund (Fund 500).

PROJECT COSTS WELL No. 11 (Project No. 24029)
Specification Preparation $15,510
General Pump Company, Inc. Construction Contract $592,730 Construction Contingency (20%) $118,546
Construction Inspection, Well Rehab. Report, DWSAP Report (Richard C. Slade & Associates, LLC) $73,999
Staff Costs for Construction Management and Admin. $30,000 Total Anticipated Rehabilitation Costs $830,785

Well No. 11 – General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14
September 19, 2023

Total Project Budget $1,000,000
Note that, as in all of the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount.

When the Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay damages that could be incurred when a contractor must stop work and wait for authorization to proceed. Due to the unforeseeable nature of well rehabilitation work and a time-sensitive schedule, staff recommends that Council authorize the Public Works Director to have change order authority up to 20% ($118,546) during the construction of this project only.

General Pump Company, Inc. On-Call CON 22-24
Description Original Amount
Original On-Call Contract Amount * $2,000,000.00
Well No. 10 Rehabilitation** $384,290.00
Well No. 10 Contingency** $100,000.00
Well No. 9 Headshaft Replacement +
$26,069.33
Well No. 12 Desander Repair ++ $20,697.84
Well No. 11 Rehabilitation $592,730.00
Well No. 11 Contingency $118,546.00
Remaining On-Call Contract Amount $757,666.83
*Approved by City Council on May 3, 2022
** Approved by City Council on August 23, 2022
+ Finance generated Purchase Order on October 11, 2022
++ Finance generated Purchase Order on March 23, 2023
Richard C. Slade & Associates CON 21-14 *
Description
Original
Amount
Purchase Order No. 21-0223 ** $150,000.00
Liquidated Amount on Purchase Order No. 21-0223 ($21,532.85) Purchase Order No. 22-0081 *** $128,467.15
Liquidated Amount on Purchase Order No. 22-0081 ($12,159.58) Purchase Order No. 00230236 **** $106,520.89
Liquidated Amount on Purchase Order No. 00230236 ($64,391.70) Purchase Order No. 00240034 ***** $21,500.00
Encumbered Amount on Purchase Order No. 00240034 ($21,500.00) Remaining Contract Amount $30,415.87
*Approved by City Council on April 20, 2021 and expires June 30, 2024 **Issued by Finance on May 6, 2021
***Issued by Finance on August 19, 2021
****Issued by Finance on March 14, 2023 for Well 10 Bid Support *****Issued by Finance on August 2, 2023 for Fire Station Well Feasibility Study not initially anticipated/budgeted during initial RFP

Well No. 11 – General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14
September 19, 2023

Richard C. Slade & Associates CON 21-14
Description
Original
Amount
Remaining Contract Amount $30,415.87
Amendment No. 1 to CON 21-14 $43,583.13
Total Proposal Amount $73,999.00
PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the contract with General Pump Company, Inc. for Project No. 24029, Well No. 11 Rehabilitation Project.

The Attorney for the City has also reviewed and approved Amendment No. 1 to Richard C.

Slade & Associates, LLC CON 21-14.

ALTERNATIVES:

Alternative No. 1:

1. Accept the bid and award a construction contract in the amount of $592,730 to General Pump Company, Inc. for Project No. 24029, Well No. 11 Rehabilitation Project;

2. Accept the Richard C. Slade & Associates LLC Proposal in the amount of $73,999; and;

3. Approve Amendment No. 1 to the Richard C. Slade & Associates LLC CON 21-14 in the amount of $43,583.13.

This is the recommended action in order to bring Well No. 11 back into service and to sustain well production from this well.

Alternative No. 2:

1. Do not accept the bid and do not award a construction contract in the amount of $592,730 to General Pump Company, Inc. for Project No. 24029, Well No. 11 Rehabilitation project;

2. Do not accept the Richard C. Slade & Associates LLC proposal in the amount of $73,999; and;

3. Do not approve Amendment No.1 to the Richard C. Slade & Associates LLC CON 21-14 in the amount of $43,583.13.

This action is not a viable alternative as General Pump Company, Inc. is a reputable contractor that has completed similar jobs, not only throughout southern California, but also in Fountain Valley. Moving forward with this project will bring Well No. 11 back into service and additionally help to prevent further degradation of the pumping capacity in the well. If not performed now,

Well No. 11 – General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14
September 19, 2023

it will potentially cost considerably more in the future and may compromise the ability to provide the necessary fire flow and domestic consumer demands to the community.

RECOMMENDATIONS:

City staff recommends City Council to approve Alternative No. 1, which is to accept the bid and award a construction contract in the amount of $592,730 to General Pump Company, Inc. for Project No. 24029, Well No. 11 Rehabilitation Project; accept the Richard C. Slade & Associates LLC proposal in the amount of $73,999; and approve Amendment No. 1 to the Richard C. Slade & Associates LLC CON 21-14 in the amount of $43,583.13.

Prepared by: Terri Phan, Management Aide
Reviewed by: Kyle Hilton, Associate Engineer
Approved by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Director of Public Works
Fiscal review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: General Pump Company, Inc. Contract
Attachment 2: Richard C. Slade & Associates LLC CON 21-14 Attachment 3: Amendment No. 1 to Richard C. Slade & Associates LLC CON 21-14

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CONTRACT
CON-___-___
This AGREEMENT is made and entered into this 19th day of September, 2023, by and between the CITY OF FOUNTAIN VALLEY, hereinafter referred to as “CITY,” and General Pump Company, Inc., hereinafter referred to as “CONTRACTOR.”

WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged, CITY and CONTRACTOR mutually agree as follows:

SCOPE OF THE WORK AND CONTRACT SUM

1. Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, utility and transportation services required to construct Project No. 24029, Well No. 11 Rehabilitation Project (hereafter referred to as “PROJECT”).

2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled Project No. 24029, Well No. 11 Rehabilitation Project and CONTRACTOR agrees to do everything required by this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS.

All labor, materials, tools, equipment, and services shall be performed under the direction, administration, and subject to the approval of CITY or its authorized representatives.

3. Contract Sum. CITY agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, the sum of five hundred ninety-two thousand seven hundred thirty & 00/100 dollars ($592,730.00).

NOTICE TO PROCEED AND TIMING

4. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a “Notice to Proceed” has been given to CONTRACTOR by CITY and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by CITY.

5. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this AGREEMENT on the start of construction date specified in the “Notice To Proceed” and to diligently prosecute the work to completion by the completion date specified in the Notice to Proceed, which the parties agree is NINETY (90) WORKING DAYS.

6. Time of the Essence. Time is of the essence of this AGREEMENT.

7. Liquidated Damages/Additional Actual Damages. It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth herein, damage will be sustained by the CITY, and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay. It is therefore agreed the CONTRACTOR will pay to the CITY the sum of ONE THOUSAND

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and 00/100 Dollars ($1,000) per calendar day for each and every day of delay in finishing the work in excess of the number of days prescribed in Section 5, and the CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees that the CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder.

Liquidated damages shall be a measurement of the sum to compensate the public for inconvenience from not having the work completed on time and the cost of CITY staff to monitor the job beyond the completion date. CITY shall further be entitled to recover its additional actual damages incurred which shall be supplemental to the liquidated damages.

Provided strict compliance with Section 22 below is effected, the CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes.

JOB PROGRESS AND COOPERATION

8. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis throughout the project. CONTRACTOR agrees to meet with CITY’s PROJECT MANAGER or designee on a weekly or other periodic basis, or as requested by CITY to review job progress.

PROJECT MANAGER for purposes of this AGREEMENT shall be the Director of Public Works or such designee as has been given the authority for this project in a written designation.

CONTRACTOR agrees to provide CITY with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR’s claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR’s planned early completion are prohibited.

9. Cooperation. CONTRACTOR agrees to cooperate with CITY’s PROJECT MANAGER or designee and to provide submittals and participate in meetings in a good faith effort to complete the project. If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide CITY with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR’s strict compliance with Section 22 if additional time or money is sought.

10. CONTRACTOR’S Independent Investigation.
(a) No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this AGREEMENT out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Section 22 of this AGREEMENT.
(b) Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent “conditions indicated” as being in existence and are provided for the convenience of the parties in making their own investigation.

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PREVAILING WAGES & LABOR, WAGE, AND HOURS LAWS

11. Compliance with the Davis-Bacon Act. This provision does not apply to this AGREEMENT.

12. Public Work/DIR Registration. Notice is provided pursuant to Labor Code Section 1781 that this is a “public work” as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTACTOR shall pay prevailing wages, unless exempt. All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations using online form 100.

13. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request.

CONTRACTOR shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.

14. Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Electronic certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776 subdivision (a) of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT.

15. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any subcontractor under CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.

16. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR.

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17. Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any sums owed pursuant to this AGREEMENT.

PROGRESS PAYMENTS AND RETENTION

18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the fifteenth (15th) day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY and thereafter prior to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY, less all previous payments and authorized deductions, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. Pursuant to Public Contract Code 7107, CITY shall make the final payment, if unencumbered, or any part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding the foregoing, CONTRACTOR shall provide CITY with all documentation required by this AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any other documents required by the CONTRACT DOCUMENTS, such as as-builts, red-line plans, manufacturers and specific guarantees, and owner’s manuals prior to receiving final payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the Director of Public Works, stating that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT, and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing herein shall limit CITY’s right to withhold one hundred fifty percent (150%) of disputed amounts in the event of a good faith dispute.

19. Prompt Payments. CITY agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50.

20. Retention Securities. Pursuant to California Public Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the AGREEMENT.

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21. Federal Participation. This provision does not apply to this AGREEMENT. If this project had involved federal funds, other provisions would be incorporated into this AGREEMENT.

If those provisions had applied, the Davis-Bacon Act would govern the payment of prevailing wages.

CHANGE ORDERS / EXTRA TIME / EXTRA WORK

22. Request for Extra Time or Additional Compensation. The following provisions must be strictly complied with to obtain additional time to complete the job or to obtain additional compensation:
(a) Request for Change Order – Additional Time. The CONTRACTOR shall promptly notify the CITY of any delay and shall within ten (10) days from the beginning of any such delay notify the CITY in writing of the cause of the delay, and the CITY shall extend the time for completing the work if in its judgment the cause so merits. The CITY’s determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the CITY’s PROJECT MANAGER within ten (10) days of the beginning of such delay. No adjustment shall be allowed for such delay unless there is strict compliance with this contractual provision. CONTRACTOR’s remedy shall be limited to the extra days granted and to any damages that it may be entitled to using the formula agreed to by the parties for all damages as provided in Section 22. (b) Request for Change Order – Additional Compensation Sought. (i) Should CONTRACTOR claim that the CITY is demanding extra work from it or consider any work demanded of it to be outside the requirements of this AGREEMENT or if it considers any instruction, ruling, or decision of the PROJECT MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the PROJECT MANAGER, stating clearly and in detail his objections and the reasons therefor. Except for such protests and objections as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived and does hereby waive all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decision of the PROJECT MANAGER.
(ii) Should CONTRACTOR claim that additional compensation is due it because of an unforeseen condition, CONTRACTOR shall bring that to CITY’s attention promptly and, within ten (10) days, shall submit a written request for change order to CITY. Except for such claims as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived and does hereby waive all claims for additional compensation on account of unforeseen conditions. (c) Request for Change Order – City Form to Be Used. CITY’s Request for Change Order form, which is attached hereto as part of this AGREEMENT, shall be the form that must be submitted in a timely fashion for a request for either additional time or additional compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those purposes and understands that, if he does not submit that form in a timely manner, he waives the right to request additional time or compensation. No oral modifications or other forms of communication shall be accepted as compliance with this provision.

Contractor’s Initials ________

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(d) Change Order. Should CITY agree that a change order is warranted for either additional time or compensation, a written change order shall be executed. If CITY does not agree to the change order, and CONTRACTOR has provided timely notices and submitted its written request for change order in a timely manner, CONTRACTOR will have preserved the issue for later resolution in compliance with other procedures set forth in this AGREEMENT or as the law (including, but not limited to, Public Contract Code 9204) may otherwise require or allow. (e) Change Order Authority. The following authority is hereby given to make change orders:
(i) Change Orders for Extra Time. The City Manager, Director of Public Works, or PROJECT MANAGER shall have the authority to grant extra days without limit. (ii) Change Orders for Extra Compensation. The Director of Public Works shall have the authority to make change orders up to an aggregate amount of Ten Percent (10%) of the original contract amount.

23. Damages / Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the following damage formula shall be used to measure all of CONTRACTOR’s damages or extra work required by this job. CONTRACTOR shall be limited to the following:

Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Subcontracted work 10% (first $5,000)
Subcontracted work 5% (work in excess of first $5,000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three (3) competitive bids are obtained
and CONTRACTOR selected
the lowest bidder)
Excluded from recovery shall be “Eichleay damages,” home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest.

CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this Section.

Contractor’s Initials ________

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SUBCONTRACTING

24. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the provisions of the “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.) and agrees to comply with all applicable provisions thereof. If any part of the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this AGREEMENT. Upon request, certified copies of any or all subcontracts shall be furnished to CITY.

The subcontracting of any or all of the work to be done will in no way relieve CONTRACTOR of any part of his responsibility under the AGREEMENT. Pursuant to Public Contract Code Section 4110, CONTRACTOR’s violation of any of the provisions of the Subletting and Subcontracting Fair Practices Act violates this AGREEMENT and CITY may cancel this AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved. CITY may deduct this penalty from any monies due or that may become due to CONTRACTOR for work performed under this AGREEMENT.

All persons engaged in the work, including subcontractors, will be considered as employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. CITY will deal directly with and make all payments to CONTRACTOR.

When a subcontractor fails to prosecute a portion of the work required under this AGREEMENT in a manner satisfactory to the CITY, CONTRACTOR shall remove such subcontractor immediate upon written request of the CITY, and shall request approval of a replacement subcontractor to perform the work in accordance with the Subletting and Subcontracting Fair Practices Act at no added cost to the City.

STOP NOTICES

25. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop notice, CITY shall withhold from payment to CONTRACTOR sufficient funds due or to become due to pay the claim stated in the stop notice and provide for reasonable costs of litigation. One hundred twenty five percent (125%) of the amount of the claim stated in the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized by law, CONTRACTOR shall reimburse CITY for administrative expenses incurred in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in CONTRACTOR’s payment bond. CITY shall have the right to deduct any such expenses from amounts due or to become to CONTRACTOR under this AGREEMENT.

COMPLETION

26. CONTRACTOR’S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims on CITY’s form. The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT unless otherwise stated in said document.

27. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the CITY and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from the date of acceptance, without expense whatsoever to the CITY, ordinary wear and tear and usual abuse or

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neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the CITY is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefor immediately on demand. This guarantee shall be in addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall provide those manufacturer and specific guarantees before CONTRACTOR may claim entitlement to final payment.

INDEMNIFICATION

28. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the sole or active negligence or willful misconduct of CITY, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

In instances where CITY is shown to have been solely or actively negligent or committed willful misconduct, and where CITY’s sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of CITY.

Notwithstanding any limits provided for indemnification, CONTRACTOR’s duty to defend is broader. To the fullest extent permitted by law, CONTRACTOR agrees to provide CITY with a defense, with counsel reasonably acceptable to CITY, or pay CITY’s costs of defense, upon service of any complaint, petition, or other pleading that requires CITY to defend itself in any proceeding arising out of the work described in this AGREEMENT. Said obligation shall not extend to disputes between CONTRACTOR and CITY.

INSURANCE

29. Insurance. Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR 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.

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General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate.

Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR 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 $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies; and  Policies shall “follow form” to the underlying primary policies.  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the PROJECT site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three years after PROJECT completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or

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suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance as specified below.

The named insureds shall be CONTRACTOR, all Subcontractors (excluding those solely responsible for design Work) of any tier, suppliers, and CITY and its officers, officials, employees, and agents. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY.

Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the PROJECT; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits.

Proof of insurance. CONTRACTOR 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. 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. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this AGREEMENT.

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.

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Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

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.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

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 specifications unless approved by CITY.

Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR 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.

30. Workers’ Compensation.
i. CONTRACTOR shall carry Workers’ Compensation Insurance and require all subcontractors to carry Workers’ Compensation Insurance as required by the Labor Code of the

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State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT.” ii. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser premium costs or for other improper purposes. CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers’ compensation premiums or for other unlawful purposes, it shall be considered a material breach of this AGREEMENT.

31. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and prior to commencing the Work on the Project, the CONTRACTOR shall file with the CITY good and sufficient labor and material payment bond (Payment Bond) and performance bond (Performance Bond) in the amount of one hundred percent (100%) of the Contract Sum covering performance of the Work other than the professional design services portion of the Work. The Performance Bond and Payment Bond shall be in the form required by the CONTRACT DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased as, when and in the amount of any Change Orders that are executed increasing the Contract Sum, the CONTRACTOR shall, upon request by the CITY, provide evidence of such increases. Should the Payment Bond or Performance Bond or any Surety on such bond become or be determined by the CITY to be insufficient, it shall be replaced within ten days by a bond that fully complies with the requirements of this Section. No further payments to the AGREEMENT for the Work performed shall be made or due until the CONTRACTOR has fully complied with the requirements of this Section.

Duration. The Payment Bond shall remain in effect until acceptance of the Work and payment of all stop notices and claims by the CONTRACTOR or the Subcontractors, of any Tier, have been satisfied. The Performance Bond shall remain in effect and assure faithful performance of all the CONTRACTOR’s obligations under the CONTRACT DOCUMENTS, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, CONTRACTOR’s warranty, commissioning and indemnity obligations.

Surety. At the time the AGREEMENT is signed and at all times thereafter until Final Payment has been made by the CITY, the Surety on the Payment Bond shall be an Admitted Surety and the Surety on the Performance Bond shall be a licensed Surety in good standing with the California Department of Insurance, and having an A.M. Best's Insurance Rating of not less than A-: VI.

Premiums. The premiums for all bonds are included in the Contract Sum and shall be paid by the CONTRACTOR.

Obligee. The Payment Bond and Performance Bond shall each name the CITY as obligee.

All bonds purchased by the Subcontractors shall name the CONTRACTOR and the CITY as dual obligees.

No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders, Modifications and adjustments to the Contract Sum or Contract Time shall in no way release or

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exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be waived by the Surety. The foregoing provision shall be included in the terms of the Payment Bond, Performance Bond and any bonds obtained by the Subcontractors.

Communications. The CITY shall have the right to communicate with the CONTRACTOR’s sureties with respect to matters that are related to the CONTRACTOR’s performance of its obligations under the CONTRACT DOCUMENTS. Such communications shall not create, or be interpreted as creating, any contractual relationship between the CITY and the Surety.

No limitation. The requirements of this Section pertaining to the Performance Bond and the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may have under Applicable Law to provide bonding for the benefit of and to assure payment to the Subcontractors or Subconsultants performing the Work for the Project.

TERMINATION

32. Termination.

A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, CITY shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or in part.

B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this AGREEMENT, CITY shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as CITY may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with CITY, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by CITY from any money due or that may become due CONTRACTOR.

C. Without limiting any rights which CITY may have by reason of any default by CONTRACTOR hereunder, CITY reserves the right to terminate this AGREEMENT in whole or in part at its convenience. In such event CITY shall compensate CONTRACTOR, subject to deduction for previous payments and authorized deductions: (i) by reimbursing CONTRACTOR for reasonable and necessary expenditures and costs that are actually incurred in performing under this AGREEMENT, (ii) by reimbursing CONTRACTOR for reasonable and necessary expenditures made and costs actually incurred with CITY’s prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this AGREEMENT, and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of the reasonable and necessary work on the PROJECT. In no event, however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less payments previously made and less the AGREEMENT price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to CITY all materials, supplies, work-in-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this AGREEMENT.

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CLAIM RESOLUTION

33. Resolution of Claims. For all claims that are Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less, the provisions of Public Contract Code Section 20104 et seq. (Article 1.5 - Resolution of Construction Claims) shall be followed.

34. Notice to Contractor of Claims. CITY shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the AGREEMENT.

CONTRACT DOCUMENTS AND INTERPRETATION

35. Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated herein by reference and are to be read and construed together as the full, complete, and integrated terms of this AGREEMENT and, collectively with this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS:

A. Notice Inviting Bids
B. Instructions to Bidders
C. General Provisions (incorporating portions of the Caltrans Standard Specifications)
D. Special Provisions (Construction Details)
E. Construction Provisions (Individual Bid Items)
F. Proposal
G. Construction Plans
H. City Public Works Standard Plans
I. City Request for Change Order/Change Order
J. Notice to Proceed
K. Labor and Materials Bond
L. Performance Bond
M. Final Closeout Agreement

36. Interpretation of Incorporated Documents. In the event of any conflict, inconsistency, or incongruity between the provisions of this AGREEMENT and the provisions of any document listed in Section 35 hereof, the provisions of this AGREEMENT shall prevail unless a contrary intent is shown. The parties acknowledge that the Caltrans Standard Specifications is a document that is prepared for use in state street projects and is to be used to supplement this AGREEMENT. As used in the those Standard Specifications, “Engineer” shall refer to CITY’s Director of Public Works-City Engineer, the Attorney General shall mean the Attorney for the City, and laws that pertain exclusively to state projects or contracts shall not apply but instead those provisions pertaining to CITY projects and CITY contracts shall be applied. To the extent the Standard Specifications provide for additional procedures that are not inconsistent with the provisions of this AGREEMENT, those additional procedures shall be interpreted to supplement this AGREEMENT.

This AGREEMENT shall be interpreted as though it had been drafted by the CITY and the CONTRACTOR equally. This AGREEMENT shall be interpreted according to the laws of the State of California.

37. Integration/No Oral Modifications. This AGREEMENT integrates all understandings of the parties. Any amendment to this AGREEMENT must be made in writing and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that CITY is a general law city and that, pursuant to Government Code Section 40602, contract amendments

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may only be entered into by compliance with those formalities. Notwithstanding the above, requests for additional time or compensation may be made by following the procedures and using the form incorporated into this AGREEMENT. The limits of authority to enter into such amendments (change orders) shall be those provided in Section 22 of this AGREEMENT.

38. Effect of Invalidity. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.

MISCELLANEOUS

39. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin, or sex.

CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209].

40. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled “Equal Employment Opportunity” and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60).

41. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24, sub-part F, the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by:
(a) Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:

1. Degrees of drug abuse in the workplace;

2. The policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs; and

4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace.
(c) Making it a requirement that every employee to be engaged in the performance of the AGREEMENT be given a copy of the statement required by Subsection (a); (d) Notifying employees in the statement required by Subsection (a) that as a condition of employment under the AGREEMENT the employee will:

1. Abide by the term of the statement; and

2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.

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(e) Notifying CITY in writing within ten (10) calendar days after receiving notice under Subsection (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the CITY;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under Subsection (d)(2), with respect to any employee who is so convicted:

1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of Sections (a), (b), (c), (d), (e), and (f).

42. Permits. The CONTRACTOR shall obtain from the CITY, County, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job.

43. Assignment. No assignment by the CONTRACTOR of this AGREEMENT or any part hereof, or of funds to be received hereunder, will be recognized by the CITY unless such assignment has had prior written approval and consent of the CITY and the Surety.

44. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR’s responsibility to keep the site in a clean, neat, and orderly condition. It shall also be CONTRACTOR’s duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created.

45. Utility Location. CITY acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215.

46. Trenching. If this AGREEMENT involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing, of any:
(a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the AGREEMENT.

The CITY shall promptly investigate the conditions, and if it finds that the conditions do

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materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of, or the time required for, performance of any part of the work shall issue a change order in accordance with the procedures described in this AGREEMENT.

In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT. The CONTRACTOR shall retain any and all rights provided either by this AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties provided that CONTRACTOR complies with Section 22 when asserting such claim.

47. Notices. The parties hereto agree that all formal notices required by this AGREEMENT may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows:

CITY:

CONTRACTOR:

City Clerk
Fountain Valley City Hall
10200 Slater Avenue
Fountain Valley, California 92708
General Pump Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773

48. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to CITY’s employees, agents, or representatives with a view toward securing this AGREEMENT or securing favorable treatment with respect thereto.

49. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship with, and that he is not in any way associated with, any architect, engineer, or other preparer of the plans and specifications for this project.

50. Copeland "Anti-Kickback" Act. If applicable to this AGREEMENT, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland “AntiKickback” Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of any public work, to give up any part of the compensation to which he is otherwise entitled.

51. Attorney’s Fees. In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONTRACTOR’s duty to provide CITY with a defense at CONTRACTOR’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

19 52. Assignment of Rights. Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

53. SCAQMD and CARB Compliance. CONTRACTOR agrees to comply with all South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB) requirements, including, but not limited to, compliance with CARB Regulations limiting idling of self-propelled diesel-fueled on-road and off-road vehicles and equipment (25 HP and up) to no more than five (5) consecutive minutes as specified in Title 13 of the California Code of Regulations, section 2449 (d)(2), Idling.

54. Mined Construction Materials. CONTRACTOR shall not purchase mined construction material except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list.

IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY
City Clerk Mayor
APPROVED AS TO FORM:

HARPER & BURNS LLP

CONTRACTOR
Name: General Pump Company, Inc.

Address: 159 N. Acacia Street
San Dimas, CA 91773
By: Michael Bodart, President
Attorneys for the City
APPROVED AS TO CONTENT:
______________________________
Director of Public Works
PWK20201211 Page 316
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State of California )
County of _____________________________ )
On __________________________ before me, __________________________________________, Date Here insert Name and Title of the Officer
Personally appeared ________________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature____________________________________
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not truthfulness, accuracy, or validity of that document.

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PAYMENT BOND
PAGE 1
Bond No.

CITY OF FOUNTAIN VALLEY

PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on September 19, 2023, has awarded to General Pump Company, Inc.
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows:

Project No. 24029, Well No. 11 Rehabilitation Project. Said AGREEMENT is fully incorporated herein by reference.

WHEREAS, said PRINCIPAL is required by the provisions of said AGREEMENT and of the Civil Code to furnish a bond in connection with said AGREEMENT, as hereinafter set forth.

NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)
hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of: _____________________ ($_______), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if said PRINCIPAL or his subcontractors, or the heirs, executors, administrators, successors, or assigns thereof, shall fail to pay any person or party listed in California Civil Code Section 9554(b), including any of the persons named in Section 9100 of the Civil Code of the State of California for any materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts require deducted, withheld, and paid over to the Employment Development Division from the wages of employees of

22 PWK20201211
the CONTRACTOR and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then said SURETY will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney’s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 9100 so as to give a right of action to them or their assigns in any suit brought upon the bond.

PAYMENT BOND
PAGE 2
Bond No.

Further, the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the AGREEMENT documents or of the work to be performed thereunder shall in any way affect its obligation on this bond, and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the AGREEMENT documents and/or of the work to be performed thereunder.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2023.

CONTRACTOR
(ADDRESS)

PRINCIPAL
By:

Company Representative
In accordance with the AGREEMENT for Project No. 24029, Well No. 11 Rehabilitation Project, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.

By signing below, SURETY certifies that the bonds are issued by admitted surety.

SURETY
By:

Company Representative
APPROVED AS TO FORM:

HARPER & BURNS LLP
Attorneys for the City
City of Fountain Valley

23 PWK20201211
By /s/

FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No.

CITY OF FOUNTAIN VALLEY

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on ___________________, has awarded to General Pump Company, Inc.
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows:

Project No. 24029, Well No. 11 Rehabilitation Project. Said AGREEMENT is fully incorporated herein by reference.

WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT.

NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)
hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of: _____________________ ($_______), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burden PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the

24 PWK20201211
City of Fountain Valley, its officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.

FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No.

In case suit is brought upon this bond, each party shall bear its own costs and attorney fees.

And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2023.

CONTRACTOR
(ADDRESS)

PRINCIPAL
By:

Company Representative
Project No. 24029, Well No. 11 Rehabilitation Project, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.

By signing below, SURETY certifies that the bonds are issued by admitted surety.

SURETY
By:

Company Representative
APPROVED AS TO FORM:

HARPER & BURNS LLP

25 PWK20201211
Attorneys for the City
City of Fountain Valley
By /s/

159 N. ACACIA STREET · SAN DIMAS, CA 91773
PHONE: (909) 599-9606 · FAX: (909) 599-6238
WELL & PUMP SERVICE SINCE 1952 Lic. #496765
Now Serving Ventura and Santa Barbara Counties
August 24, 2023 Via Email
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
Attn: Public Works
Subject: Well No. 11 Rehabilitation Project RFB #23-006 – Proposal Cover Letter General Pump Company (GPC) is pleased to provide our proposal to perform the scope of work listed in the technical specifications (Appendix A) for the above referenced project. This proposal is based on our best interpretation of the technical specifications and supplemental pump and well information provided by the City of Fountain Valley. Below is a list of GPC’s comments and assumptions made while generating our proposal:

Comments & Assumptions
• This proposal was generated without the aid of a mandatory site visit. Site pictures and historical GPC project information were used to estimate site constraints and requirements. This proposal assumes industry standard rigs and cranes can be used to perform the work and no special permitting is required to work onsite. • The technical specification for the Removal of Obstruction (Bid Item No. 3) does not have a specific process or estimated hour allotment for onsite work. There is not enough information provided to accurately estimate how much labor and materials will be needed to remove the obstruction. Our proposal includes (1) fishing attempt with a custom fishing tool, upset pipe, rig, and crew. GPC will make every effort possible to remove the obstruction, but there is no guarantee GPC can remove the obstruction. If our initial fishing attempt is unsuccessful, any additional attempts will be performed on a time and materials basis, if requested.
• At the time of bidding, it is unknown if the well has enough annular space to accommodate PVC access for the test pump and production pump. This will be determined during the test pump procurement period. GPC will make all attempts possible to provide PVC access.
• Any water generated during the rehab efforts can be discharged to the onsite flush to waste line after being treated to meet City of Fountain Valley NPDES permit requirements in above ground settling tanks. This proposal does not include any costs for a vacuum truck or water disposal.

City of Fountain Valley
August 24, 2023
Page -2-
Comments & Assumptions – (Cont.)
• This proposal assumes a sufficient water source will be available onsite for rehab activities. The City of Fountain Valley will assist with procuring a hydrant meter for construction water, if needed.
• 4” eductor pipe will be used for airlifting.
• Assumes onsite electrical power can be used for test pumping activities. • The condition and location of the existing production pump equipment is unknown. If the required repairs exceed the $25,000.00 preset value for repairs, GPC will provide a change order for the additional repair costs.
• This proposal does not include any bacteriological or water quality testing. These tests will be performed by others, if desired.
• Vibration testing will be performed by Condition Monitoring Services, Inc. • All labor rates are prevailing wage
• Because of the scope of work and challenges working within the pump building and unknown nature of the well obstruction, GPC will require, at minimum, 90 calendar days to complete the scope of work. GPC will attempt to expedite wherever possible to complete the project, but GPC has no control over subcontractor availability. • Onsite work will commence within 15 working days or less after receiving the formal NTP.

Please be sure to consider the comments and assumptions section below during your review of our proposal. Should you have any questions or need additional information regarding the above summary and associated proposal, please do not hesitate to contact us. Thank you for the opportunity to provide a quote for our services, and we look forward to working with the City of Fountain Valley on this important project.

GENERAL PUMP COMPANY, Inc.

Michael Garcia
Michael Garcia
VP, Project Management

APPENDIX C
Proposal – Bid Docs

1 | Page

P R O P O S A L
TO THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, CALIFORNIA:

The undersigned proposes and agrees, if this Proposal is accepted, to enter into an Agreement with the City of Fountain Valley in the form included in the Contract Documents (as defined in the Sample Contract) to perform all work as specified or indicated in the Contract Documents.

The undersigned accepts all terms and conditions of the Contract Documents, including, but not limited to, the "Notice Inviting Bids" and the General and Special Provisions of the Contract Specifications.

This Proposal will remain open for the period stated in the "Notice Inviting Bids" unless otherwise required by law. The undersigned will enter into an Agreement within the time and in the manner specified in the "Notice Inviting Bids" and the General Provisions and furnish insurance certificates, Payment Bonds, and Performance Bonds required by the Contract Documents.

In case of default in executing the Agreement within the time and in the manner specified in the "Notice Inviting Bids" and the General Provisions, the undersigned agrees that the proceeds of the check(s) or bond(s) accompanying this Proposal shall become the property of the City of Fountain Valley.

It is understood and agreed that:
(a) the undersigned has carefully examined, so as to become familiar with, the nature and extent of the Contract Documents, the location and description of the proposed work, all legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress and performance of the work and has made such independent investigations as deemed necessary.
(b) no verbal agreement or conversation with any officer, agent, or employee of the City of Fountain Valley, either before or after execution of the agreement, shall affect or modify any terms or obligations of this Proposal or the Agreement. (c) the City will not be responsible for any errors or omissions, by the undersigned, in this Proposal, nor will bidders be released on account of errors or omissions. (d) this Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation other than the City of Fountain Valley; the undersigned has not directly or indirectly induced or solicited any other Bidder to submit a false or collusive proposal; the undersigned has not induced or solicited any person, firm or corporation to refrain from submitting a proposal; the undersigned has not sought by collusion to obtain any advantage over any other Bidder or the City of Fountain Valley.

To all the foregoing, including but not limited to all Proposal Schedule(s) and Information

Required of Bidder contained in these Proposal Forms, the undersigned agrees to complete the work required under the Contract Documents within the time specified in the Contract Documents, and to accept in full payment the Contract Price based on the Total of All Bid ltems as shown in the Bid Proposal Forms.

SIGNATURE OF BIDDER
(lf an individual, so state. lf a
firm or co-partnership, state the
firm name and list the names of all
individuals, co-partners composing
the firm. lf a corporation, state
legal name of corporation, and names
of president, secretary, treasurer,
and manager thereof.)
General Pump Company, lnc.

Date 08124t23
Telephone No. (909 )599-9606
I declare under penalty of perjury that the foregoing is true and correct.

Executed this 24 - Auoust day ot - at San Dimas
Signature
Printed Name Michael Garcia
Signing on behalf of
(if applicable)
General Pump Company, lnc., a
Californ ia Corporation
159 N. Acacia St.,
San Dimas, C491773
Business Address
California.

President:

Secretary:

Treasurer:

Michael Bodart
Ginger Campbell
Michael Bodart
t I Dr.r: Ll

Bid Bond in Accordance with Contract Specffications
scA082241 02 General Pump Company, lnc.

Bond Number Principal Name
159 N. Acacia St., San Dimas, CA,91773, US L,1 7a--
Princ,l6at Signature
10200 Slater Ave, Fountain Valley, CA, 92708, US
a
Principal Address
City of Fountain Valley
Owner/Obligee Name Owner/Obligee Address
Bond lnformation
08-24-2023 Nationwide Mutual lnsurance Company 496765
Bid Date
23-006
Surety Contractor Vendor lD Number
Contract lD Number
Well No. 11 Rehabilitation Project, RFB #23-006
Description of Job
Ten Percent of the Bid Amount 1Oo/"
Amount of Bid Security
Aiza Anderson
Bid Security Maximum Bid Security Percentage
Attorney-in-Fact Smith Brothers lnsurance LLC
Bond Entered and b(ecuted By PrimaryAgency
abwAtdtn^n4,
Corpontion duly organized underthe laws of the State of onio . are held and firmly bound unto the above owner/obligee by the fiiansmrcsion. The surety agrees to waive the statute of Fraud defense and further a$reesthatthe owner/obligee is a third party funeficiary of the waiver for the purposes of enforcing thts bd bond, Know all men bythee presents that Nationwide Mutual lnsurance Company a Attorney-l n-Fact Signatu re

CALIFORN IA ACKNOWLEDGMENT crvrl coDE g 1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
before me, ?rUrr
Dote Here lnsert Nqme ond of the
On ti 0
personally appeared r4i c/rn<,,t Gwruq
Nome(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal
Signature
Ploce Notory Seol ond/or Stomp Above Sign of Notory Public

OPTIONAL
Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signe(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
n Corporate Officer - Title(s): El Corporate Officer - Title(s):

El Partner- tr Limited o General
tr lndividual El Attorney in Fact
El Trustee n Guardian or Conservator
c Other:

Signer is Representing:

El Partner- n Limited tr General
tr lndividual EI Attorney in Fact
tr Trustee n Guardian or Conservator
tr Other:

Comn. ro ta,1027
AllY cl{ARtlt E SOTILO
tlotary PuUIG ' C.lltottl|
LdAtrhrCctt$Y
ccrYnhs-lon l2a3t!91
02019 National Notary Association
Signer is Representing:

NOTICE OF AFFIRMATIVE ACTION
"NOTICE"
By submitting a proposal on any job or entering into any contractual agreement with the City of Fountain Valley, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age or handicap in performing the work required under this proposal
ACKNOWLEDGED this 24 day of August 2023 San Dimas, CA at -t
Authorized Sig
VP of Project Management
Position
General Pump Company, lnc.

Company
4 I Paqe

NON.GOLLUSION DECLARATION
The undersigned declares:

I am the VP of Project Mgmt. Of General Pump Company, lnc. the party making the foregoing bid The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the is true and correct, and that this declaration is executed on 08124123 San Dimas (city), California.
foregoing
(date) at
L,,O e?---

SIGNATURE U
Vice President of Project Management
TITLE
5lFa,le

DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRAGT
No engineering or architectural firm, which has provided design services for a project, shall be eligible to bid on the contract to construct the project. The firms ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm that is subject to the control of the same person(s), through joint ownership or otherwise.

ACKNOWLEDGED this 24 day of Auqust , 2023 at San Dimas, CA Authorized Sig
Vice President of Project Management
Position
General Pump Company, lnc
Company
6 I Page

7 | Page

STATEMENT OF INSURANCE
Insurance. Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR 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.

General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate.

Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR 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 $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability Such policy or policies shall include the following terms and conditions:
 A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies; and  Policies shall “follow form” to the underlying primary policies.  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

8 | Page
Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Proof of insurance. CONTRACTOR 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. 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 contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

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.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

9 | Page
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.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

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 specifications unless approved by CITY.

Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR 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.

Workers’ Compensation.
i. CONTRACTOR shall carry Workers’ Compensation Insurance and require all subcontractors to carry Workers’ Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT.”

CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser premium costs or for other improper purposes. CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers' compensation premiums or for other unlaMul purposes, it shall be considered a material breach of this AGREEMENT.

ACKNOWLEDGED th IQ 24 day of Auoust 2023 1Z T2-
Cori'tractor's Sign+ye
General Pump Company, lnc.

Contractor's Name
159 N. Acacia St.

Address
San Dimas, CA91773
City
10 | Page

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Gpnerel Prrmn Cnmnanrr lnc proposed subcontractor , hereby certifies that he has_, has notX , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1 .5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not field the required reports should note that 41 CFR 60-1.7(bX1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

ACKNOWLEDGED this 24 day of AuOUst 2023
Co ctor's Sign
General Pump Company, lnc
Contractor's Name
159 N. Acacia St.,
Address
San Dimas, C491773
City
11 | !'a:1 e

12 | Page
RFB# 23-006 Company Name: General Pump Company
BIDDER – PAST PROJECT/PERFORMANCE

1. Attach to this the experience resume of the person who will be designated chief construction superintendent or on-site construction manager.

2. List below at least 5 projects completed within the last 3 years, involving work of similar type and complexity
DATE CONTRACT COMPLETED:
2023
NAME OF THE EMPLOYER:

City of Santa Monica
ADDRESS OF THE EMPLOYER:
1228 S. Bundy Dr., Los Angeles, CA 90025
TITLE OF PROJECT:

Olympic Well 4 Redevelopment
CONTACT PERSON NAME:

Geohvanny Herrera
CONTACT PHONE NUMBER:
310-434-2659
CONTRACT AMOUNT:
$ 200,000
DATE CONTRACT COMPLETED:
2023
NAME OF THE EMPLOYER:

City of Ontario
ADDRESS OF THE EMPLOYER:
1425 South Bon View, Ontario, CA 91762
TITLE OF PROJECT:

Well 46 Rehabilitation
CONTACT PERSON NAME:

Chris Bondaurer
CONTACT PHONE NUMBER:
909-395-2696
CONTRACT AMOUNT:
$ 110,000
DATE CONTRACT COMPLETED:
2023
NAME OF THE EMPLOYER:

City of South Gate
ADDRESS OF THE EMPLOYER:
8650 California Ave., South Gate, CA 90280
TITLE OF PROJECT:

Well 18 Rehabilitation
CONTACT PERSON NAME:

Ana Ananda
CONTACT PHONE NUMBER:
323-563-9500
CONTRACT AMOUNT:
$ 220,000
DATE CONTRACT COMPLETED:
2023
NAME OF THE EMPLOYER:

City of Orange
ADDRESS OF THE EMPLOYER:
189 S. Water St., Orange, CA 92866
TITLE OF PROJECT:

Well 9
CONTACT PERSON NAME:

Sonny Tran
CONTACT PHONE NUMBER:
714-288-2497
CONTRACT AMOUNT:
$ 310,000
DATE CONTRACT COMPLETED:
2023
NAME OF THE EMPLOYER:

Western Municipal Water District
ADDRESS OF THE EMPLOYER:
14205 Meridian Pkwy, Riverside, CA 92518
TITLE OF PROJECT:

Arlington Desalter Well 4
CONTACT PERSON NAME:

Fakhri Manghi
CONTACT PHONE NUMBER:
951-571-7290
CONTRACT AMOUNT:
$ 350,000

KEY PERSONNEL
MICHAEL G. BODART, PRESIDENT / DIRECTOR OF ENGINEERING
Academic University of Missouri - Bachelor of Science in Civil Engineering Background Post Graduate C.E. Courses in Geohydrology, University of Southern California Certifications 1999-Byron Jackson Training Certificate
1998-Grade 1 & 2 Distribution and Treatment Certificates 1998-Engineering “A” License
1995-Dale Carnegie Course
1995-Mackay Pump Rehabilitation Certificate
1992-Golden State Pump Technical Training Certificate
1990-Completed Graduate C.E. Courses in Geohydrology at U.S.C. 1986-Layne & Bowler Pump School Certification
1986-Baroid 1-week Drilling Fluid Technology Course Certification 1985-National Water Works Correspondence Course Certification Professional General Pump Company, Inc. - President / Director of Engineering - 1993-Present Experience Layne Western - Regional Engineering and Sales Manager (4 offices) Federal Highway Administration - Civil Engineer
Professional Michael G. Bodart (Mike Bodart) is recognized as an expert in the field of pump Presentations engineering and well rehabilitation in southern California. He has been invited to speak for numerous professional water-related associations and conventions. Has been speaking professionally for more than 34 years and has presented in nationally known associations such as AWWA, Tri-State, Southern California Water Utility Association, Inland Water Works Association, Groundwater Resources Association and Central Coast Water Association. In 1992, Mike was part of a selected six-person panel of engineers who met in Kansas City to assist in training nationwide engineers in the water well pump business.

PETER H. BROOKS, CHIEF EXECUTIVE OFFICER
Academic Harvard University: Bachelor of Arts; Dual Master of Business Administration Background and Master Public Policy.

Professional Peter Brooks is a water industry executive with 16+ years of management experience Experience across the industry, where he has worked on disaster response and treatment plant operations as the leader of waterTalent; advanced water treatment and wastewater reuse at Xylem, Inc.; and in-conduit hydropower at NLine Energy. He is a former US Marine infantry officer, two-time Iraq War veteran, Fulbright Scholar, and an award-winning water policy instructor at Harvard where he also received an AB (High Honors) and MBA-MPP. Peter is a frequent speaker at water industry events and his writing and work have appeared in the Los Angeles Times, National Public Radio, and several water and wastewater industry publications including AWWA OpFlow, WEF Water & Environment Technology, and Water Online. He has given water industry presentations at Imagine H2O, Water Environment Federation WEFTEC, Association of Boards of Certification, American Water Works ACE, California Municipal Utilities Association, AWWA CA-NV, the Water Technology Summit, among others.

WALTER "RAY" REECE JR. BSBM-BSBA, GENERAL MANAGER
Professional Combined over 40 years of experience managing businesses providing well Experience rehabilitation, maintenance, well drilling, coring, pump manufacturing, and investigative drilling in the environmental, mining, energy and water resource industries. Earned two Bachelor of Science degrees in Business Administration and Management including a Finance focus. Identified, developed and negotiated contracts with private, public and governmental agencies to safely and successfully provide well rehabilitation technologies, pump and motor maintenance, drilling and construction services for a variety of applications. Ray has devoted time to technological transfers of information by conducting industry related seminars and guest lecturing at High Schools, Colleges, Universities, SME, AWWA, and the California Nevada American Water Works Association (Cal-NV AWWA).

FERNANDO MUNOZ. OPERATIONS MANAGER
Certifications Grade 2 - Distribution Certificate
Grade 2 - Water Treatment Operator
Professional Over 40 years experience of quality control to ensure pumps are ready for installation, Experience scheduling and management of shop and field production crews, and day-to-day management of those Company areas.

THOMAS A. NANCHY, SENIOR PROJECT MANAGER
Certifications 2004-Byron Jackson Training Certificate
1989-Dale Carnegie Course
1992-Golden State Pump Technical Training Certificate
1986-Layne & Bowler Pump School Certification
1994-Baroid 1-week Drilling Fluid Technology Course Certification 1998-National Water Works Correspondence Course Certification 1994-Goulds Pump Course
2020-BNSF Safety Course
Professional Tom Nanchy, Sr. Project Manager, has been in the well and pump industry for over forty Experience (40) years. Throughout his professional career, he has been involved with hundreds of well rehabilitations and is highly regarded in the industry. His wide range of experience allows him to solve many difficult well and pump issues and provide options. He has also spoken at many professional organizations throughout California with regards to well maintenance and well rehabilitations. Tom is AWWA certified pump installer and a certified pump installer for Large Water Systems (NGWA). He is factory trained and certified by Byron Jackson and Cla-Valve. Tom also holds a certificate with the Mine Safety and Health Administration (MSHA).

LUIS A. BUSSO, P.G., SR. PROJECT GEOLOGIST
Academic University of California Santa Barbara – Bachelor of Science in Geologic Studies Background
Professional A State of California licensed professional geologist and principal hydrogeologist for Experience General Pump Company. For the past 17 years his professional groundwater work has encompassed combining geological and industry knowledge toward municipal-supply and irrigation-supply water well project developments on behalf of water districts, cities, farmers, and other private owners within Central and Southern California. He currently works alongside Ray Reece, at General Pump Company’s Camarillo facility to design and implement pump and well solutions for the clients in the greater Santa Barbara and Ventura Counties.

MICHAEL R. GARCIA, PROJECT MANAGER
Academic California State University, Fullerton - Master of Science in Mechanical Engr.

Background University of Redlands, Redlands - Bachelor of Science in Physics Professional Michael has been working for General Pump Company since 2014, starting as an Background assistant engineer and working his way into his current project management role. Prior to entering the water industry, Michael was enrolled in a post graduate program where he studied courses in materials of construction, mechanical design, and computer aided design. Currently, Michael is responsible for managing multiple deep well and booster pump projects to ensure efficient completion and client satisfaction.

DANIEL J. PICHARDO, PROJECT MANAGER
Academic Seattle University - Bachelor of Science, Civil Engineering, Mathematics Minor Background
Professional Coordinate with project managers, operations manager, and senior applications engineer Background for materials procurement for all existing projects. Communicate with vendors and customers for timely delivery. Maintain safety manuals for continued safety compliance.

MARK HAAS, PROJECT MANAGER
Professional Professional background includes 18 years experience within the well and pump Background industry. His experience includes Field Service Technician, AirBurst® Operations to include R & D for Frazier Industries and Bolt, Technologies for air gun operations and functionality and Certified Crane Operator.

J. ALFREDO (“FREDDY”) RAMIREZ, PROJECT MANAGER
Professional Professional background includes 23 years of experience within the well and pump Background industry. Experience includes designing complete pump assemblies, performing well rehabs, well destructions as well as welding. His wide range of experience allows him to have knowledge in multiple fields in the industry.

PAUL RINEHART, PROJECT MANAGER
Professional Over 30 years of experience in the well and pump industry. Experience includes working Background in the shop, field, and office, performing pump removals, installations, inspections, conducting pump repairs, material acquisition as well as designing well and booster pumps. Coordinating with customers, vendors, operations manager, and field crews to ensure project completion in a timely manner.

LIST OF SUBCONTRACTORS
Project No. 23-006
ALL subcontractors with complete information, is to be listed in PlanetBids as specified.

The bidder shall list below the name and location of the place of business of each Subcontractor who will perform work or render services to the prime contractor in or about the construction of the work or improvement in excess of one-half of one percent (112%) of the prime contractor's total bid or ten thousand dollars ($10,000) whichever is greater in accordance with the requirements of Section 4100 to 4133 inclusive of the public contracts code.

Substituting a subcontractor in place of a subcontractor listed in the original bid without the City's approval or subcontracting work to which no subcontractor was designated in the original bid (and was required to be designated) or other subcontracting violations, may at the City's discretion, result in cancellation of the contract or a financial penalty. *Note: Do not list alternative subcontractors for the same work. 13 I Page

AGREEMENT FOR CONSULTANT SERVICES
CON_ ? ( - f
Hydrogeological/ Well Rehabilitation Consultant Services This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City_ of Fountain Valley, a municipal corporation (" CITY") and Richard C:,.Slade;& Associates LLC ( RCS), ;(" CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on Aro 2 , g02,'t ("`EFFECTIVE DATE") and remain and continue in effect until all tasks described herein are completed but in no event later than. June2024; unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

2. • SERVICES
CONSULTANT shall perform the tasks described. and set forth in Exhibit A, attached hereto andincorporatedherein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY:

4. PERFORMANCE
CONSULTANT shall always faithfully, competently, and to the best of his/ her/ its ability, experience, and talent perform all tasksdescribed herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
The Public Works Director or their designee shall represent CITY in all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks 1

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to be performed or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on CITY'S behalf and to execute all necessary documents that enlarge the tasks to be performed or change CONSULTANT' S compensation, subject to Section 6 hereof.

6. PAYMENT
a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed 66e Huilideed: Dolt"afrs'($:'LSQ 6OQ. 00:1 (` TOTAL CONTRACT SUM") for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be - compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY' s written authorization is given- to CONSULTANT for the performance of said additional services. The City Manager's authority to approve additional compensation is subject to fountain Valley Municipal Code section

2.36. 110. Approval of additional compensation that exceeds the City Manager's authority as specified in Fountain Valley MunicipalC.ode section 2.36: 110 must be obtainedfrom the City Council.

7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute, a" public work" as defined in Chapter 1, Part 7, and Division 2 ofthe Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT_ constitutes " public work," then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws ( Labor Code, §§ 1720 et seq.), and shall comply with the following:
a) Prevailing Wage Rates. Pursuant to Labor Code. Section 1773. 2, copies of the prevailing rate of per diem wages can be found at
http:// www. dir. ca. gov/OPRL/ PWD/ index. htm and are on file at City Hall, which shall be made available, to any interested party upon request. CONSULTANT shall post a copy of the determination of thedirector of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773. 1 of the Labor Code.
b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and 2

overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/ her/it about thepublic work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT' S AND ANY

SUBCONSULTANT' S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT' S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten-(10) days in which to comply afterreceipt of a written notice requesting the records enumerated in Section 1776, . subdivision ( a), of the Labor Code. If CONSULTANT or subconsultant fails to comply within the ten ( 10) day period, he/ she/ it shall, as a penalty to CITY, forfeit One Hundred Dollars($ 100. 00) for each calendar day, or portion thereof; for each worker, until strict compliance is effectuated. CITY.may deduct this penalty from any monies dUeor that may become due CONSULTANT under this AGREEMENT. c) Penalty: CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two. Hundred Dollars ($ 200. 00) for each calendar day, or portion thereof, for each worker paid ( either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also bepaid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
d) Apprentices. If applicable, the . provisions of Labor Code Section 1777. 5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
e) Legal Day's Work. In the performance of this AGREEMENT, not more than eight( 8) hours shall constitute a day's work, and CONSULTANT shallnot require more than eight ( 8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to;Article 3, Chapter 1, Part 7 ( Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($ 25.00)' for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight ( 8) hours in any one ( 1) calendar day and forty( 40),hours in anyone( 1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon. CONSULTANT, atleast thirty ( 30) days prior, written notice. Upon receipt said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise.

If CITY suspends or terminates a portion of this AGREEMENT such suspension or 3

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termination shall not make void or invalidate the remainder of this AGREEMENT. b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, if the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT
a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. If CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shallhave no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond, CONSULTANT' s control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
b) As an ' alternative to the procedure for immediate termination for default set forth in subparagraph ( a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to beserved upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten ( 10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. If CONSULTANT fails to cure its default within such period, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as- built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefromas necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three ( 3) years after receipt of final payment. b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer' s estimates, and other documents prepared in the course of 4

providing the services to be performed pursuant to this AGREEMENT shallbecome the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT' s office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
a) Indemnification for Professional Liability.
i) Indemnification for Professional Liability Generally. When the law establishes a professional standard of care for CONSULTANT' s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, ernployees„ and agents (" INDEMNIFIED PARTIES") from and against anyand all losses, liabilities, damages, costs, and expenses, including attorney' s fees and costs to the extent the same are caused in, whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT; its officers, agents; employees, or subconsultants ( or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT.
ii) Indemnification for ' Services of a, Design Professional. If this AGREEMENT is for design professional services, CONSULTANT' s duty to defend, indemnity, and hold CITY harmless for CONSULTANT' s design professional liability shall be as provided in this paragraph, To the fullest extent permitted by law,. CONSULTANT shall indemnify, protect, defend, and hold harmless INDEMNIFIED PARTIES from and. against any and all losses, liabilities, damages, costs, expenses; and claims, including attorney' s fees and costs, to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct' of the CONSULTANT'..In no event shall the cost to defend charged to the _CONSULTANT exceed. the CONSULTANT'S . proportionate percentage of fault. CONSULTANT shall not be liable for any injuries'-or property_ damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY,-and-any and all of itsemployees, officials, and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, area consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which. CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
c) General Indemnification Provisions. CONSULTANT agrees to obtain executed 5

indemnity agreements with provisions identical to those set forth here in this. section from each subconsultant. or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from.others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney' s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights Of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability- attributable to the active negligence of,CITY, provided such active negligence is determinedby agreement between the parties or'bythe findings ofa court of competent jurisdiction. In instances- where CITY is shown to-have been actively negligent and where CITY' s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit, B,. attached hereto and incorporated herein as though set forth in full.
13: WARRANTY FOR GOODS
a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel hereafter" GOODS"), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/ or retailer With provisions equal to or exceeding those specified in this Section. In the event the manufacturer' s warranty or retailer' s : warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections. The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
1) The GOODS will function properly p p Y under normal use, will be of good 9 workmanship, free from defect, of merchantable quality, and fit for CITY' s intended use; 2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; 6

3) The GOODS will be free of any security interests; liens', - or` encumbrances and CONSULTANT has title to the GOODS;
4) The GOODS will not violate any intellectual property rights of any third party;
5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
6) The GOODS are Merchantable in accordance With Commercial Code Section 2314.
b) The warranty listed above is in addition_to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY' s successors and- assigns. If any GOODS do not meet the warranty, CITY may, of CITY's option, and without additional cost to CITY:
1) Require. CONSULTANT to repair or replace. the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
2) Return any of the GOODS to CONSULTANT at CONSULTANT' s expense for a full refund; I
3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or

4.) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third, party.

14. INDEPENDENT CONTRACTOR
a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY,, or bind CITY in any manner. b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation

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to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT' s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT-shall always observe and. comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

16.. POLITICAL REFORM ACT
If the Political Reform Act requires.' CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE.

CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY about the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member; officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest,' direct or indirect, in any agreement or sub- agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY' s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the. City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the 8

work performed under this AGREEMENT or relating to any project or property- located within the CITY. Response to a subpoena or court order shall not be considered " voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena. b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY. CITY retains the right, but hasno obligation, to. represent CONSULTANT and/ or. be present at any deposition, hearing, or similar proceeding.

CONSULTANT agrees to cooperate fully with CITY and toprovidethe opportunjty o review . any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internaland external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information. CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards considering the assessment.

21. NOTICES
Any notices which either party may desire to give to- the' other party under this AGREEMENT must be in writing and may be given either by ( i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date- and time -of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT
City of Fountain Valley Richard C:-_S.I' ade,.& Assocrafes, LiLC 10200 Slater Avenue 1 05? B'u_r ank 0.0F,0_~30;0
Fountain Valley, California 92708 Sherman;.Oak „ CA; 140:11 Attention: City Clerk Attention:

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without the prior written consent of CITY. 9

ll] CONSULTANT shall provide CITY fourteen ( 14) days' notice prior"td the departure " of any key personnel from CONSULTANT' s employ. Should key personnel leave CONSULTANT' s employ, CITY , shall have the option to immediately terminate this AGREEMENT, within three ( 3) days of the close, of said notice period. Upon termination of this AGREEMENT, CONSULTANT' s sole compensation shall be paymentfor actual services performed up to, and including, the date of termination or as-may be otherwise agreed-to. inwriting between the City Council and CONSULTANT. 0] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only Click or"tap 4444e' nt4r text; • (" PRINCIPAL'') shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/ her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen ( 14) days' notice prior to the departure- of PRINCIPLE from CONSULTANT' s employ. Should he or she leave CONSULTANT' s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three ( 3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT' s sole compensation shall be payment for actual services performed up to, and including, the dateof termination oras maybe otherwise agreed to in Writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this,AGREEMENT, CONSULTANT shall have in full force and effect, all licenses requiredof it by law forthe performance of the services described in this AGREEMENT including, but not limited to, a-Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall- govern therights, obligations,. duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.
k

25. . ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations ofthe parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering this AGREEMENT based solely upon the representations set forth herein and upon each party' s own independent investigation of any and all facts such party deems material.

26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY's. Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY' S Request for Proposals and CONSULTANT' s Proposal; and CITY' s Request for Proposals shall take precedence over 10

CONSULTANT' s Proposal. No limitation of CONSULTANTs liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT' s Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION
No modification to this AGREEMENT shall-be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly assertedas a defense, the parties•shall bear their own attorney' s fees, costs, and expenses.

Nothing in this provision shall excuse CONSULTANT' s duty to provide CITY with a defense at CONSULTANT's cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on - behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance_ of his/ her/its obligations hereunder
Ill
E
I
11

IN WITNESS, WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CO TANT /
IP
OP",
or
r(
i1
Michael Vo, Mayor Signature-. ..

C" fil/b C SLAcP5- •
ATTEST: Typed.Name
Pees.coW— Quid& Title
Rick Miller, City Clerk
Approved as to Form:

HARPER BURNS LLP Corporate seal ( or attach Notary
acknowledgment)
Attorneys for the City
Approved as to Content:
4tHy in L e, Director of
Public Works
12

CALIFORDSIA, -! CCCNOI LfEDO6i MIT CIVIL CODE § 1189
n.:: T 9, ,:•>(• JT. .. a..., c C':)% Cs` G t.,. .,. .}: i-eC^.' `° Y:6): Ji:,. i(siF. i.,-ric.-t•iCdir); C :' r)i...,iiW,?<aca)ia in: in;..,.....,.. ae(. ...., a•>S<. i.^•, ieaia i.`.t. . ..,.,_ .,,... . _ .,_ . . I _ A notary public or other officer completing this certificate verifies onlythe Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
Lz)1 ies
On pq$ r;; 6 81
g 7/117Abefore me, • 1'4'. flAcirtirli M ,9ti“ 1
Date Here Insert Name and Title.of the Officer
personally appeared dijtar4 Co. cat
Names) of Signer( s)
who proved to me-on the basis of satisfactory evidence to be the persons) whose harne(s) is/ are subscribed to the within instrument and acknowledged to me that lie/ she/ they executed the same in his/ her/ their authorized capacity(les), and that by his/ her/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. .

I certify under PENALTY OF PERJURY under the
11 laws of the State of California that the, foregoing r,,,YVETTELEE is true and correct. 5s; Notary Public— California
z
paragraph
z +• Los Angeles County E
gi Commission it 2216697 WITNESS my hand and officials-:.. i
MyCo m_m ExLpresOct2, 2021
i / 1 '..

Signature
Place Notary Seal and/ or Stamp Above . gnature of Notary OPTIONAL f
Completing this information can deter alteration of the document or fraudulent reattachment ofthis form to an unintended document Description o_f Attached DocumentTitle or Type of Document: IMMO V cell IC Document Date: e4 t
ql7,a1A Number of Pages: '---
Signer( s) Other Than Named Above:

Capacity( ies). Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer- Title( s): 0 Corporate: Officer— Tltle( s):

Partner.— 0 Limited 0 General 0 Partner— 0 imited 0 General Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact Trustee 0 Guardian or Consr ator 0 Trustee 0 Guardian or Conservator Other: 0 Other: ,
Signer is Representing: Signer • epresenting:
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a....•} iib .(• i67, C,, C-0it9i) i(ii:. : ii•.::_ c._ ..,. Jit•:i....._. : iaiei9i _ .•}. . _ _ _ _ _ _ __ _ _ 2019 National Notary Association

i
EXHIBIT " A"

SCOPE OF SERVICES
AND

PAYMENT TERMS
13

R :S
RICHARD C. SLADE &. ASSOCIATES LLC

CONSULTING GROUNDWATER GEOLOGISTS

TRANSMITTAL LETTER
February 24, 2021
Ms. Amanda McCall
Mgmt. Analyst/Purchasing Officer
City of Fountain Valley
Orange County, California
Job No. 626- OGE02
Re: Proposal for liydrogeologicalfWell Rehabilitation Consultant Services City of Fountain Valley, Orange County, California
Dear Ms. McCall:

Richard C. Slade & Associates LLC, Consulting Groundwater Geologists ( R.CS), is pleased to submit this proposal for providing hydrogeologic services for Well Rehabilitation Consultant Services for the City of Fountain Valley ( City). In addition, this proposal also provides our qualifications for hydrogeologic services for other general on- call hydrogeologic services involving future well siting and well rehabilitation projects for the City. In conjunction with the. hydrogeologic aspects of the project, RCS will be teaming with Civiltec Engineering Inc.,. of Monrovia, California to perform the requisite engineering tasks regarding the above ground equipment and appurtenances associated with City wells. This firm has considerable experience in issues associated with pumps and above- ground inflastructure for water delivery; RCS and Civiltec have worked together over the years on other water well projects. Appendix A of this proposal provides the resumes ofthe key members for the team.

RCS has considerable experience in performing evaluations of existing wells and in providing field monitoring services during well rehabilitation operations. Indeed, our firm has evaluated, assisted in the preparation of Technical Specifications, and bid documents, and provided field oversight services in 2020 for a well in the City of Anaheim and is currently engaged iii such services with the Irvine Ranch Water District involving well rehabilitations on numerous wells since 2013. In that latter project, we assisted in the preparationof a well rehabilitation matrix as a tool to help in the scheduling of on- going well rehabilitation program, helped in the preparation of standard specifications, and provided field oversight activities for the rehabilitation for 19 IRWD water-supply wells.

Based on our review of the Request for Proposal ( RFP), we understand that the City has six existing wells that are used for municipal water- supply sources. A couple of these wells ( Nos. 10 & 11) are currently not in operation due to sanding or downwell obstructions. Another well No. 6) has a stuck pump and the other three remaining wells will need to be evaluated for possible well rehabilitation measures.

For this project, the RCS team will consist of Mr. Richard C. Slade, President and Principal Groundwater Geologist, and Mr. Earl LaPensee, Senior Groundwater Geologist who will serve as the project manager. Other staff/field Groundwater Geologists will assist Mr. Slade and Mr.

LaPensee regarding office and field duties associated with the project, as shown in the following RCS organization diagram.
14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS; CALIFORNIA 91401 SOUTHERN CALIFORNIA:( 818) 506- 0418r NORTHERN CALIFORNIA:( 707) 963-3914 WWW. RCSLADE.COM

Proposal. for Hydrogeological/ Well Rehabilitation Consultant Services RCS City of Fountain Valley; Orange County, California
CONFIDENTIAL&. PROPRIETARY
CITY OF FO'UNT/41NVAIILEY
Richard C Slade
fPrinelpal Groundwater' Geo log hst•,
BA& MS degrees, In. Geologiy-and:

Englneerl' rig, Geolei gy,'respectively; a s
PG and' CEG Ilcdn"ses' Iri callrorn` la
Senior Grouti4afier Geologists,
EarllaR, ensee AnthonyHlcke
Sr. Grounduvathr Gedoglat, Sr. Grourdwater Geohaglat'
B& B; MS Degraes„ in Geology; BS Degree 9 In needn8 Gaolo9yi PA and CHG! Wawa In PG' and: CHG licenses In -
Callforrlia CaaiNwrila
StafflFleld Groubdlnnter Geologists
Jars Amar •
1aaan Ftichar,
j
O' e¢ a IMlnefsr rEdward Under'
US Degree' St OS it1Aa Degrees. r•.. EIS LMS Degrees i. % R EIMS' Degr .

Oool' Ical S. d
ros.
5•
8 Oodogy,. Geology. Oeotogy/ oeoadeKa! r
PQ: Itneroe:• CetlforNe' PO Moons.- C'sluornta• PO Iloenno rCelltarnl OIT-- Caltfoin f As mentioned above, Mr. LaPensee will serve as the project manager and the various_staff/field groundwatergeologists will assist him in the necessary office and field tasks associated with the project: Civiltec will be a subconsultant to RCS, and Mr. C. Shem Hawes and Mr. Steven Walker of that firm will be the two key members regarding assessing and evaluating the engineering issues associated with the City wells.

RCS understands and acknowledges the terms. and conditions- of the RFP and we trust that our considerable and recent experience in well rehabilitation activities, as documented herein,.:meets with your approval. We appreciate this opportunity to present our proposal to you for both current and future on- call services regarding well rehabilitation and other hydrogeologic tasks and look forward to working with you and your staff in the future. Mr. Slade, the undersigned, is the sole signatorythat, legally binds this proposal to the City..

Respectfully submitted,
RIC' P.\ a
i C. SL ' : , S OCIATES LLC
jof
11/
cl% • C.. Sias ' esident. and
Principal Groundwater Geologist
iiPage 360
Proposal for. Hydrogeological/ Well Rehabilitation Consultant Services RCS City ofFountain Valley, Orange County, California

CONFIDENTIAL& PROPRIETARY

COMPANY EXPERIENCE, KEY PERSONEL& REFERENCES
Figure 1 illustrates the locations of the City wells and nearby local wells for which RCS has provided well rehabilitation services for other nearby water purveyors, such as the City of Newport Beach and IRWD. Table 1 lists the construction parameters for each City Well. As briefly noted above, RCS has and continues to assist IRWD in on-going well rehabilitation of as many as 19 wells. The well rehabilitation methods employed to date have resulted in the successful rehabilitation of the wells in recovering former production capacities, largely through increasing the specific capacity of the wells. Problems associated with the wells have run the gamut from extreme biofouling, sand production, removal of downwell obstructions, and holes in the casing, to significant and abrupt loss of production capacity. RCS has completed successful well rehabilitation projects for the IRWD wells which range in depth between 830 to 1, 050 ft below ground surface ( bgs) with diameters ranging from 16 to 22 inches and having production,capacities ranging from approximately 2,000 gallons per minute (gpm) to.3,40.0 gpm.

These wells exhibited issues regarding complete loss of production in one of the wells, due to complete,plugging of the perforations, to thick accumulationof biological growths on the well casings and production of sand. Several well rehabilitation methods/ procedures were implemented for each well to help increase its pumping rate and specific capacity.

RCS also has extensive experience with the construction,of water- supply wells. One tool that RCS uses in the design of wells is the use of oil field and, water well electric logs in the correlation of aquifer systems in the area. Indeed, RCS has developed an E-log correlation network to target and predict depths to useable aquifer systems throughout the Orange County Groundwater Basin. Thus, is the siting of new wells; RCS will bring this tool to help the City select potential well site locations and prospective drilling depths for new wells.

The attached Table 2 provides a listing of our recent well rehabilitation and well construction services and their respective references over the past five years and other information requested by the RFP. The table is not comprehensive, as they list only local projects; we have performed these same types of services for other wells for other agencies and we are currently in the design stages for;new wells for the City of Orange.
1JNDERSTANDING PROJECT COMPONENTS
It is understood that the City has performed rehabilitation on some wells and attempted rehabilitation of others. RCS understands the specific rehabilitation issues with each well and herein provides some preliminary measures to help the City restore the wells to an operable condition or help increase the production capacity of the wells. The following provides our preliminary approach to rehabilitate the wells on a case-by- case basis.

Well No. 6
Current Issue: As noted in the RFP, the pump in this well is currently lodged downhole and attempts have been made to remove the pump by the City to perform a video camera survey.

Nonetheless, the pump can still extract groundwater from the well.

Potential Evaluation Procedure( s): Ifthere are any access ports" available, then lowering a small diameter camera downwell may be useful to conduct a video survey to determine what may be locking" the pump in place. A subsequent operation to remove the pump may consist of trying to simultaneously" jack" and" screw" the pump out of the well.

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LRCS!73No. 626- 0? E02
oartraks. 7
February 2021 Page 362
TABLE 1

SUMMARY OF WELL CONSTRUCTION DATA

CITY OF FOUNTAIN VALLEY
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450- 490
18" to 296' 0. 093
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Active
1974
52 97 4, 000 „
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1, 145
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to 1120 Louvers
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1, 060,- 1, 110 •
312-420 0. 093
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Circulation 11/ 14/ 77
sand,
924
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Notes: SS= Stainless Steel
ND= No iiata-.

R,,- — CS
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Job No 626- 03E02
7‘...: • ---•
February:2021

Proposal for Hydogeological/ Well Rehabilitation Consultant Services. RCS City of Fountain Valley,; Orange County,°California

CONFIDENTIAL& PROPRIETARY
WellNo. 8
Current Issue_: The"RFP' does not note any major issues associated with this well, other than water quality issues: due to ion-related.bacteria( IRB).

Potential Evaluation Procedures) Perform pump removal and conduct a video camera survey to evaluate the extent of IRB growth. This does not need to be performed immediately but can be included.as part ofa complete well rehabilitation program. Thus, an initial evaluation ofthe well will needto consist of reviewing available data, determining the degree of decline in the production capacity of the well ( i.e., pumping rates and specific capacities) over tune, and preparing a program of rehabilitation. This program should a CITM survey to determine the current thickness of the well casing, chemical treatment of the well casing, mechanical and pumping redevelopment, and final testing procedures.

Well/ Vb. 9
Current Issues: The desander for this well has developed a hole and pumping of the well produces,sand.

Potential Evaluation Procedures) It is possible that the well desander can be-repaired and this, should be explored in an initial assessment. However, replacement of the desander could, nevertheless, be warranted. It is understood that the. City would like to modify punpifig operations on the.wellto minimize sand production. Thus, RCS willreview the history of sand production in the well along with available data on the amount of sand production, and help the City determine if reduction of pumping would, accomplish this objective: Initially, it might be useful to perform a video camera survey under dynamic ( pumping) conditions to determine at what depth( s) sand: is entering the well casing, through possible holes or through certain perforation zones. Thus, ifit is entering at discrete depths, then patching of the well casing may be in order. However, if it appears to be emanating from various depths throughout the well, then a casing liner might be a better option. Thus, it may behoove the City to consider this latter option, with a gravel pack using graded sands to significantly mitigate (or eliminate, ofpossible) the production of sand. This option canbeevaluated in an initial well. assessment.

WellNo. 10
Current Issues Casing liner installed in 2018 with glass beads ( i.e., SiLibeads®) but this was followed by production of such beads shortly: after liner installation. Also, the City wants to evaluate the effectiveness of the desander on the well. It is understood that the City has scheduled a dynamic video camera survey of the well, tohelp determine the cause of bead production, because a previous static video camera survey of the well revealed no visible defects.

Potential Evaluation. Procedure( s): It is possible that `the installed beads may be entering the screened area of the liner due to their extremely spherical shape allowing the beads to " slip" through the slots, at high pumping rates, even if the beads are slightly larger. It could be a simple Matter ofreducing the production rate from:the-well. RCS will review the data on the slot opening of the installed wire- wrapped well screens, especially the slot size openings, and the size ofthe SiLibeads® used,
Well No. .11
Current Issues:: Pump removed with difficulty, pump strainer sections missing, obstructions at 280 ft( dile to lost strainer sections and transducer leads), second obstruction at 669 ft bgs, due to obstruction/ debris. Motor damaged due to water intrusion( motor has since been. rebuilt). 2=

Proposal for Hydrogeological/ Well Rehabilitation Consultant Services RCS City of Fountain Valley, Orange County, California

CONFIDENTIAL& PROPRIZTARY
Potential Evaluation. Procedure( s): It appears that sediment fill is in the bottom of the casing.

Thus, the bottom of-the well is filled with sedimentorthere is a casing collapse at depth. Ifit is sediment fill, then airlifting could be employed to remove it. Because the well is 960 ft deep ( see Table 1), then there is approximately 291 ft (408 fl) of sediment fill in the bottom ofthe casing..

Following airlifting, a video camera survey appears to be in order. However, if no sediment fill can be removed, then, the presence of a casing collapse at this-depth is likely. In this latter case the well may need to be-replaced.

Well No..12
Current Issues: The RFO does not cite any current issues with the well. It was last rehabiliitate' d in 2017 ( rehabilitation methods not described). Motor replaced in 2019. No operational issues cited:

Potential Evaluation Procedure( s): Even though the well was last rehabilitated in 2017 and it is likely not needed at this-time, an assessment ofthe pumping rates and specific capacities should be conducted and compared to previous historic values, to check for any declining trends, ovei time. If declines in the values are significant ( 15% to 25% or greater), then ; additional rehabilitation, especially including chemical treatment, could be in order.

APPROACH I

RCS SCOPE OF HYDROGEOLOGIC' SERVICES
RFP specific tasks, such as the removal of the stuck pump in Well No. 6 and the remediation of the production of glass beads at Well No. 10, can be evaluated by RCS. However, in addition to the RFP evaluation tasks, for each well, RCS provides an encompassing project approach for each of the City wells, dependent upon the current condition of each well. This approach, as described below, has been used with success by RCS on many occasions over the years on numerous well rehabilitation projects for various other cities and water agencies.

Task, 1— Meetitt.gs:

RCS and Civiltec will preparefor and attend an initial, project" kick- off' meeting with,City Staff regarding discussing the goals and parameters, of'the project.. During this kick-off meeting, the team can conduct a visit to each City well site to gain familiarity with the. sites and to further help evaluate site-specific conditions for logistical considerations ( such as access, discharge points, presence of utilities, onsite, storage capacity for materials, and the. presence of nearby residences).

In addition to the project kick-off meeting, the team proposes to schedule meetings dining various phases of the project, which may include Technical Memorandum review, design coordination/ review, necessary workshops during preliminary designand alternative development.

Task 2— Review and Evaluate Well Data & Prepare Memoranda • This task will consist of reviewing available data for each well as selected by the City for evaluation, and of assessing previouswork that may have been conducted by others on the wells.

Further, RCS will review om• company files for any data and/ or information on hydrogeologic. conditions inthe vicinity of the-wells.

The team will review the available data and prepare a Technical Memorandum for each well selected for evaluation by the City. Separate Memoranda will be prepared for each well and 3-
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Proposal for Hydrogeologicallwell Rehabilitation Consultant Services RCS City ofFountain Valley, Orange County, California

CONFIDENTIAL& PROPRIETARY
submitted to the City. These Memoranda will include our prelinunasy recommendations as to what future rehabilitation options could be implemented in the well under consideration and will be used as guidance for our subsequent preparation of the Technical Specifications for well rehabilitation&
Task 3- Prepare Technical Specifications for_Rehabilitation Based on the available well data, and on the results of the site visits for the wells, RCS shall prepare Technical Specifications and line item bid sheets for well rehabilitationoperations for the selected wells. Because RCS has prepared Specifications for multiple wells for prior projects,. RCS recommends this approach for the current proJect for the first threewells, to be selected by the•City for evaluation and.rehabilitation.

Thus, only one setof Technical Specifications will need to be prepared, which can then be bid out and performed under one contract: Our Technical Specifications can be. melded with current City project documents. The specifications could include any of the following -elements, if deemed necessary::

1. Equipment to be:utilized and size of workarea needed.

2. The possible need for additional' site•security fencing. 3: The type ofsitepreparation work needed at each site before the contractor mobilizes his equipment.

4. Sound/ noise mitigation/ secuiity measures, ifneeded.

5. Video surveys to be performed during and following rehabilitatiot : of the wells, if and as necessary.

6. The depth and intervals Of well casing tohe rehabilitated.

7. The possible installation of a liner( to mitigate any downwell sandinigproblemc):
8: Downhole testing, such as performing a CITM survey of :each well casing, as necessary. This will provide data on the amount: of steel loss from the casing: of each well. The oldest wells are anticipated to, have the greatest steel loss.

9. Type of mechanical well rehabilitation methods Will be evaluated and includedin the Technical Specifications, as needed. These methods could include any of the following types ofrehabilitation methods:
o Wire brushing& bailing.
o Dual swab airlifting• and surging.
o " Air-Jetting", consisting of either the AiBurst®, Bore Blast®, or ArcWave PlasmaPulse Wave) technologies.
o Sonar-Jet® methods ( using small scale, downwell explosives). o Use of the WellJet® method of rehabilitation ( herein referred to as. " WaterJetting").

10. The type of various chemicals and emplacementmethodsthat might be needed during chemical rehabilitation( if deemed necessary).

11. Discharge locations and treatment Options/ consideration for the discharge of all fluids generated from, each well during all rehabilitation tasks ( especially if chemicals are used)..
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Proposal for HYdro eolo ical/ Well Rehabilitation Consultant Services RCS City of Fountain Valley, Orange County, California

CONFIDENTIAL& PROPRIETARY

12. Parameters for pumping redevelopment arid well testing.

13. Discharge requirements and NPDES permit compliance.

14. Bid items for repair/replacement of the permanent pumps and pump columns, desanders, and other appurtenances by the Contractor,

15. Other work, if deemed necessary in subsequent review of well conditions ( e. g;, the needfor swaged well patches or casing liners, although these are licit anticipated to be needed at,this time).

A line item estimate for the probable cost,Of the rehabilitation work can also be prepared for each well. This will be provided to City to permit comparison of bids received. The Technical Specifications will be prepared to account for the-rehabilitation of the wells under a single well rehabilitation contract. We assume that City will be sending outthe entire well rehabilitation packages) for competitive bidding.

Task 4= Pre-Rid Meeting and Bid Assistance
The purpose of the pre-bid meeting is to help potential bidders better understand site logistics such as access, available water supply, location''of utilities, and fluids disposal options at each well site. Prime consideration will be focused ondischarge offluids from the rehabilitation and subsequent testing of each well.

The team will prepare for and attend a single pre-bid meeting for the wells, as. necessary, and provide pre-bid clarifications and/ or addenda, ifnecessary, for well rehabilitation. We will also assist City in the review, and analysis ofbids received.

Task 5-: wield Observation/ Monitoring of Well Rehabilitation Operations It is anticipated that the first three wells to be selected for rehabilitation by the City will be inclusive under one single project. However, it is currently unknown whether the well rehabilitation will be conducted in parallel or consecutively and the degree of involvement that RCS will need to have, as desired by the City. Once a contract or contractshave been awarded to the successful bidder by City, RCS field groundwater geologists can be availableto provide • . field observation of Contractor activities ateach of the initial three well sites. This observation/ Monitoring activities is' to provide the City with a record of Contractor activities at each site, and,to help. document that the Contractor performed the work in-compliance with the Technical: Specifcations. Tasks that RCS could perform during the rehabilitation project-for the wells could likely consist of the following but may not necessarily include all the listed tasks, because the wellat each site may require and need.differing methods ofrehabilitation:

Subtask 5.1: Pre- construction Meeting. Attendance at an initial pre- construction meeting with the Contractor ( a single meeting for the wells). This will be to acquaint the Contractor selected by City with the project goals and discuss final scheduling issues and.lines of communication.

Subtask 5.2: Pump Removals ( as applicable). RCS can provide field services during removal of the pump from each well, should the City so elect. During such removals, the condition of the pump components will be recorded and photographed and ' described in field memoranda.

Following this, each well can be sounded for its total current depth by the Contractor.

Subtask 5: 3:: Wire Brushing & Bailing. Wire brushing of each well casing and removal of sediment fill, via bailing. Hydrogen peroxide can be applied during this brushing to;remove any 5•-

Proposal for Hydrogeological/ Well Rehabilitation Consultant Services RCS City ofFountain Valley, Orange County, California

CONFIDENTIAL& PROPRIETARY
organic/ biologic growth in the well. This will especially remove any surficial material that could obscure any surface' imperfections.

Subtask 5.4.: Downwell. Surveys. Following wire-brushing and bailing of the casing, a video survey can be performed to determine the condition of the visible portions ofthe casing in each well. This task can be:performed either before or after Subtask 5,3above and the timing of the video survey can be evaluated on a case- by=case ' basis. Following a video survey, a Casing Inspection Thickness Measurement ( CITM) tool survey of each well can be performed. This survey willhelp determine the current thickness of the casing in each well and provide information on weaknesses in the well. It should be noted here that the` CITM is a.heavy tool weighing+ 250 lbs) and will need a crane to lift it. Thus,. the use of this tool and the-necessary crane can be provided for in,the. Technical Specifications for this well.

Subtask 5.5: Mechanical Redevelopment. Performing " Airjetting" ( e. g., AirBurst and Bore Blast methods), ArcWave ( also known as Plasma Pulse Wave) " Sonar- Jetting; or " WaterJetting" Methods, as needed. An RCS field groundwater geologist can be present onsiteW when
the selected Method is being performed.

Subtask 5 6.' Chemical Treatment( Optional) Performing chemical treatment of each well, if and as needed. The volumes and types of chemicals used in the process and during use of a dualswab tool for chemical emplacement can be recorded.

Subtask 5..7: Swabbing& Airlifting. Conduct dual swab airlifting and swabbing to removal the chemicals and help redevelop the wells, ifnecessary.

Subtask 5.8: Interim Video Surveys. An interim video survey will be performed to. determine if mechanical redevelopment of each well has been successful in cleaning the well casing._ Following an interimvideo survey in each well, it is anticipated- that,the Contractor will be performing installation ofthe test pump ineach well.

Subtask 5.9: Pumping Redevelopment. The daily-generated pumping redevelopment sheets can be obtained from the pumper, via email, during-this redevelopinentprocess.

Subtask 5.10.° Pumping Tests. Pumping tests will follow pumping redevelopment. Title 22 water samples will be collected by the onsitefieldgroundwater geologist who will then deliver the samples to the City laboratory. Each well can be equipped, by RCS, with a downwell pressure transducer to record changes in water levels during testing. Further, specific field water quality parameters, including temperature, electrical conductivity, pH, turbidity can be collected by RCS. It is assumed that the Contractor will utilize the.City' s NPDES permit and the City will obtain the necessary Orange County Flood Control District( OCFCD) encroachment permits for discharges performed to local storm drains and channels at/near each site. Near the end of pumping, a final spinner survey will be performed in each well to help determine if changes in flow regime have occurred downwell. ( See Subtask. 5. 11, below.) Subtask 5. 11: Spinner Surveys & Depth-. Specific Sampling. A dynamic spinner survey and depth- discrete sampling can be performed in each well, should the City wish to conduct such surveys. It is anticipated that the pumper will remove the: test: pump shortly after completion of this testing and then. chlorinate each well.

Subtask 5: 12: Final Spinner & Video. Surveys. Following test pump removal, a final video and static spinner survey of each rehabilitated well will be performed to help document the final post- rehabilitation condition of each well.
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Proposal for liydrogeological/ Well Rehabilitation. Consultant Services R,C City ofFountain. Valley, Orange County, California
CONFIDENTIAL.& PROPRIETARY
Task 6 Prepare.Sucmmary of Well Rehabilitation Operation Reports Prepare a separate Summary of Well Rehabilitation Operations report for each well to help document the rehabilitation operations. Each report will discuss rehabilitation operations and summarize our observations regarding rehabilitation. work. Final recommendations - regarding new production rates will also be provided in the report.. This report will consist of the following:
0 A chronologic history of wellrehabilitation operations:
o A description, of each method used, and the results of those methods. o . Daily fieldreports by the onsite field groundwater geologist. o An evaluation/ analysis of the final pumping tests in each well and an assessment of new pumping, capacities and specific capacities.
o. Recommendations for the pump depth setting and, pumping rate for the permanent pump in each Well.
o Discussion of the water quality conditions, based on the final Title 22 sampling results:
o Photographs: to help document rehabilitation methods. o Supporting documentation on well rehabilitation operations, including but not limited to types and volumes of chemicals, if used, the Contractor' s daily records, pumping redevelopment and testing sheets, . and laboratory results of` collected water, bacteriological and scale samples.
o The reports will also have attendant tables,, figures, :and drawings to help document work conducted on the wells.

A Draft report can be submitted to the City Staff for their review and comment. Following that review,:City comments will be incorporated, and the Final report will be submitted to the City as anAdobe PDF file:

Task 7- Miscellaneous On- Call Hydrooeologic Services
RCS will provide City with hydrogeologic services at the request Of City Staff, on an as- needed basis. These services Will be used if additional and/or anticipated services are needed on the project. For example, currently it is notanticipated that any of the wells will need either a liner or swaged Well patches: - However, should it be revealed in a: subsequentvideocamera survey that such work may need to be required, then our field monitoring services can be included under this task. l
Also, RCS: can assist. the City in the creation of a Well Rehabilitation Priority Matrix. This matrix_can be used as a tool by the City, if desired, to determine scheduling for future well rehabilitations, based on, for example, declines in pro duction rates, specific : capacities, water quality changes, and age of the well.

In addition, RCS uses_ analytical element modeling ( AEM) programs to evaluate the impact: of pumping of a well( or wells) on other proximal active wells. Additional modeling scenarios may consist of conducting capture zone analyses for a pumping well: or wells. t Further, also under- this task will he, hydrogeologic services associated with the siting, preliminary design, preparation ofTechnical Specifications and field monitoring/observation Of proposed new wells, should the City desire such services. This will also include services for other hydrogeologic projects that the City may wish RCS to undertake overtime.

Currently, it is difficult to proposed costs for' the on- call services, due to many Unknowns.

However, RCS has assigned a negotiable cost to this task and can provide the City with a 7

Proposal for Hydrogeological/ Well Rehabilitation Consultant Services RCS City. ofFburrfain Valley; Orange County, California

CONFIDENTIAL& PROPRIETARY
proposal Aireachspecific project, upon request by City Staff. Our work during this task will be on a time& expense( T&E) basis.

CIVILTEC SCOPE OF ENGINEERING SERVICES
Civiltec can provide the. requisite engineering services outside RCS capabilities and experience.

As such, Civiltec will provide specific engineering support to RCS specifically for Well Nos. 8 and those tasks to be performed by RCS: However, Civiltec can also provide a range of other services that may be. useful to the City and: selected by the City as needed. These tasks are detailed below.

Task I—.Planning and Testing- Services

1. 1 - Subtask l Utility andAs=Built Drawings Review. Civiltec will request,. obtain, and review record drawings of all affected areas within the project limits; We will perform arecord and data search consisting of;survey information obtained as part of the research efforts. A composite utility basemap will be.prepared utilizing information received from the agencies and records research, as' well as incorporating a_topographic survey maps Task 2- Reconnaissance and Site:Specific Services
Subtask 2. 1 - Base Map Preparation. Civiltec can provide topographic surveys ( or drone a. aerial survey) of the sites: including the potential construction area to locate all existing improvements and establish horizontal- and vertical control for construction. Topographic mapping will be at a scale of 1- inch equals 20 or 4o. feet with 1- foot contours. A hard copy of the site survey map will be submitted in electronic AutoCAD and PDF files for your use. We are currently bringing.drone aerial surveying, in house in California to better serveour clients.: We have been providing this service in Arizona for a couple of years. Our drone pilotsare registered, land. survey'ors and have their LAS' commercial level Pilot Certification: Civiltec will coordinate With the City to perform a.boundary survey for as- needed. legal description easement and/ or encroachinent permits. Up-to- date Preliminary Title Report and supporting documentation will be aoquired. before the commencement oftheboundary survey.

Subtask 2,2 - Preluninary Design Report (PDR): Civiltec can prepare a Water Quality Analysis and Review of Basin Study Report: For this report, Civiltec will review the available water. quality data relative to drinking water standards formulated by the U.S, Environmental Protection Agency ( EPA) and the Division of Drinking Water ( DDW): Civiltec will acquire available groundwater quality data from the City and other adjacent water purveyors that extract water from the basin. All water quality data acquired will be compared with California' s maximum contaminant levels ( MCLS) under Title 22 of the California Code of Regulations. A complete general/ physical analysis of the regulated and unregulated contaminants generally present in, groundwater- will be performed. Civiltec will also--evaluate the upcoming regulation and incorporate the impact on the analysis.
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Reservoir Retrofit 0ations Drainage Facili for the Site Electrical and SCADA R • uirements Radio Surve
Permit Re a uirements Engineer' s O a inion ofProbable Const. Cost Schedule
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Proposal for Hydrogeological/ Well Rehabilitation Consultant Services RCS City of Fountain Valley, Orange County, California

CONFIDENTIAL& PROPRIETARY
In addition, Civiltec can prepare an overall site plan and layout of the piping systems, well site, treatmentplant, booster stations, storage facilities, electrical systems, control systems, and overall space requirements identified in the PDR. All the layouts will be prepared in AutoCAD and included with the PDR. This task is essential to confirming the space required for the proposed facility.

Further, Civiltec can evaluate the electrical and SCADA requirements for City-selected wells.

The following services will be provided by Civiltec' s in-house e_lectricallcontrols staff The following are typically included in the electrical and control section of the PDR. 14% ''. "-,. wr: ,, fly^: a t . :

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Provide and document coordination with Prepare an assessment of security needs electrical utility company. from discussion of historic security issues at the site and any vulnerability
assessment requirements.

Upgrade existing electrical service entrance, Provide requirements for the motor distribution switchgear and utility transformer starters' to include interfacing with on- site based on well pump motor horsepower and other remote terminal unit( RTU):
electrical loads.

Provide new instrumentation and controls based Determine electrical, instrumentation and on the City' s requirements, including interfacing control requirements for the disinfection with the on- site RTU. system as well as interfacing with on- site RTU.

Determine electrical, instrumentation and control Determine electrical, instrumentation and, requirements for the disinfection system as well control requirements for the treatment as interfacing with on- site RTU. system, if needed, as well as interfacing with on-site RTU.

Ensure:that the facility complies with local. noise Design a transfer switch for connection to ordinance and the City requirements. a roll-up generator.

Provide a baseline approach and requirements for Provide an engineer' s opinion ofprobable the SCADA design and systems integrator to construction cost . finalize the design.

Subtask 2. 3 - CityPermitting..The Building and Safety Department and Fire Department will be involved in the design of a new chloramination building( s) and pump building. Civiltec can coordinate required documents, as needed.

Task 3- Final Construction Drawings andBidding Documents Subtask 31 - Preparation ofBid Documents. Following PDR approval from the City, Civiltec will prepare necessary contract documents ( construction plans, typical details, specifications, and cost estimates) for the project, based onthe design criteria, recommendation and preliminary plans included in the PDR, input fiom the City and confonxiance with the City' s standards and specifications for equipment preferences. The City' s boiler plate documents will be used for contract documents ( contract, general conditions, special project conditions, bid forms, etc.). All drawings will be produced in AutoCAD. The preparation of the contract documents` will be completed in 60%, 90% and 100% submittal documents. The standard plans and prior to each submittal to the City, the submittal package will be reviewed through our QAJQC process. 9-

Proposal: for HydrogeolegicaUwell Rehabilitation Consultant Services RCS City of Fountain Valley, Orange County, California
11 CONFIDENTIAL & t PROPRIETARY
Mechanical. Design drawings include process Civil and Pipeline. Design drawings piping plans, sections and details of equipment, including a demolition plan, grading, and pump to waste, vaults, valves, and: details of the paving plan, yard piping plan, and standard treatment system. A schedule of valve, civil details.
instruments and process equipment will be
included.

Electrical. Design drawings and details include Instrumentation. Symbols, nomenclature, electrical system, and abbreviations, fixture and process instrumentation loop diagrams schedule, single line diagram, equipment and the process control nanative and elevations; schematicdiagram, detail of motor location and design of radio equipment operated valves, lighting plan, conduit and wiring support system. The process control schedule, and grounding plan. Design drawings narratives will be submitted to the City and and detail for the new service center and the SCADA consultant for review and programable; logic control( PLC). Details of the comments. integration include, but are not limited to, the
connection of all new equipment and atthe
disinfection facility including HVAC to the new
service center and weather protected enclosure
and incorporation of flowmeter, pressure
transducers, turbidity meter, and flow totalizer.

Subtask 3.3 — Bidding Assistance. In conjunction with. RCS efforts, Civiltec can prepare a detailed engineer' s opinion of probableconstruction cost for the project, can provide costs for items identified in thebid schedule of the contract specifications, prepare for, and attend a prebid meeting, and aid the City in the bidding and award of the contract These tasks will include answering contractor' s questions; issuing addenda, attendance at a mandatory pre-bid meeting; reviewing the bids and assisting the City in recommending award of contract.

Task 4— Construction Services
Civiltec can provide the following engineering services during construction. The tasks encompassed by these engineering services may consist of the.following tasks Pre- Construction Meeting. Civiltec can attend the pre- construction meeting with the selected contractor, the City construction manager, and field observer.

Submittal Review. Civiltec will review submittals and shop drawings for the project and organize them in a tracking log. Our review turnarounds are typically less than a week:

Request for. Information. ( RFI). Civiltec will prepare detailed plans and specifications to cover all construction obstacles and anticipate very minimal number of RFIs issued by the contractor. We will provide detailed responses' to, all RFIs.

Engineering Support. Civiltec can evaluate the contractor' s change Order and progress payment requests, make recommendations to the City for approval, and assist the City in the negotiations with the contractor for change order requests. m. Observation and Survey Support. Civiltecwill provide observers and, surveyors as, needed for project field oversight.
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Proposal for Hydrogeological/ Well Rehabilitation Consultant Services RCS 1 City ofFountain Valley, Orange County, California
1 CONFIDENTIAL 0 PROPRIETARY
o Built Drawings. Civiltec will prepare record drawings along with the digital electronic file in the latest AutoCAD version once the redlined drawings from the contractor and the City' s field observer are received.

PROEJCT SCHEDULE I
RCS has much experience in the schedule of well rehabilitations. However, it has also been our experience that with well rehabilitations, issues surface that may change the course of*work and possibly result in change orders that will be, generated by the well rehabilitation contractor.

Nevertheless, scheduling and completion of the work can be made more efficient, if well rehabilitation is performed for multiple wells, under one contract, instead of creating separate contracts for each well. With this concept there are two options: shutting down three wells,at a time and conducting rehabilitations in parallel; or performing rehabilitation consecutively, moving from one well to the next as rehabilitation progresses under a single contract: Thus, ultimately the schedule depends on the City' s logistics in keeping the wells operational,. as needed, and. shutting down those that need rehabilitation. In addition, this schedule considers only the actual rehabilitation work on the wells and does not include the installation of new pumps or .reinstallation of re-built pumps because of the current long, unknown, lead times associated with obtaining and/ or rebuilding the pumps. .Further, these schedules are highly dependent upon the actual work that will be performed on each well; as well as• the Contractor' s availability and scheduling, and will likely change accordingly.

Duration
Task weeks from Kick-off
meeting)
Well Evaluations ( for the six City-wells) 8 to 12
Preparation of Technical Specifications ( if performed) 10 to 18 . .

Well Rehabilitation( under, one contract for multiple wells) 30 to 52 Summary of Well Rehabilitation. Operations Reports 52 to 60

QUALITY CONTROL/ QUALITY ASSURANCE
RCS is generally known for the quality ' of its work and deliverables. This is accomplished through an internal company process whereby any field work performed and reports generated by Senior and/or Staff professionals are submitted to review by several members of the team.

Further, the firm also employs regular meetings to discuss work performed, consideration of new approaches for the project, if applicable, and reports generated.

Draft documents are initiated during the work and updated as work progresses on the project to help keep the deliverable on time and on budget, When completed, the draft documents are sent through the interval review process. Following if, the draft documents are then provided to the client for their review to provide any additional data and/ or information regarding City • operations that RCS may not have knowledge of or be aware of. Once comments are received by RCS from the City, the Draft documents are again submitted to City Staff for a final review and completeness check. When a final set of comments are received from the City, the documents are finalized.

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RCS

APPENDIX
RESUMES OF y Y PERSONNEL

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Education
Major fields of hydrogeologic emphasis for Mr. Slade include groundwater University of California, Los resource development ( basin- wide studies, and water well design and Angeles, B. A., Geology, January construction), and aquifer analysis. Principal projects have involved, 1966 evaluations of entire groundwater basins, aquifer test analyses, assessment university of southern California, of water quality problems and groundwater degradation, design of water M. S., Engineering Geology, 1974 wells for municipal supply, well rehabilitation assessments, monitoring of all phases of water' well construction, locating and designing groundwater - RegistrationslCertifications monitoring networks, and providing expert witness testimony for groundwater Professional Geologist, State of
California
litigation. Considerable work has also been performed for numerous r Certified Engineering Geologist; vineyards and wineries in both. the Central COast and Northern California.

State' df California regions; types of work have included feasibility studies for determining final locations' for new wells, designing new wells, monitoring ofthe construction of new wells, working with drilling contractors, evaluating down- hole problems ( such as sanding) in existing wells, anddeveloping protocol for water well rehabilitation.

Hydrogeologic studies have also involved evaluation of hazardous wastes such as acid mine- drainage; leachate from sanitary landfills, and groundwater degradation resulting from leaking underground storage tanks, containing, various chemicals and organic compounds. Numerous groundwater studies and monitoring projects have involved volatile organics ( TCE, PCE, etc).' and subsurface, gasoline spills. . Hydrogeologic assessments and definition of appropriate mitigation measures for environmental impact analyses have been provided also:

Important. to Mr. Slade' s broad background is the experience gained while. being a participant with other I geologists on international geologic study tours to Europe, Iceland and Scandinavia, the former Soviet Union,.

South America, the People' s Republic of China, Africa, New Zealand and Australia. Local groundwater and surface water features, large faults and landslides, mines, and oilfields were visited in these countries.

In December 2008, based on the recommendation of the Administrative Committee ( the water managers for the I cities- of Burbank, Glendale, Los Angeles and San Fernando,` and the Crescenta Valley Water District), the Superior Court of Los Angeles County selected Mr. Slade as.:the new Watermaster for the. entire Upper Los • Angeles River Area( ULARA). Mr. Slade; represents only the third Watermaster of ULARA since. the date of the original adjudication of the region in January 1979:

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RICHARD C. SLADE & ASSOCIATES LLC, CONSULTING GROUNDWATER GEOLOGISTS. Independent consulting practice established. in 1983 to provide technical, professional, and direct personal services to the groundwater- industry. Hydrogeologic projects have included groundwater resource development; locating and. designing, water wells; assessing potential degradation resulting from hazardous .waste sites and sanitary landfills;. conducting water level and water quality monitoring ' from monitoring networks; defining aquifer characteristics from long- term aquifer tests in active wells; . observation and monitoring of water well construction; providing expert witness testimony for a variety of groundwater cases; and providing hydrogeobogia elements and mitigation measures-for environmental assessments:

GEOTECHNICAL CONSULTANTS, INC., 1970- 1983. Joined the firm in 1970 as an engineering, geologist' and. hydrogeologist. Advanced to Associate in 1975. Participated in and supervised geotechnical and hydrogeologic projects of various complexities, from the feasibility level through final design. His investigation and reports have analyzed faults and seismicity, earth materials, and groundwater problems for such facilities as dams, reservoirs, treatment plants, tunnels, industrial and residential buildings, sanitary landfills and groundwater basins. Major experience has involved field mapping, logging of bore holes, monitoring of groundwater observation holes, data analyses, and report writing.

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Professional Experience
Education Mr. LaPensee: has been a Groundwater Geologist/ Hydrogeologist with the n
University of California,
firm since 1989 Major projects while with the firm have included the Los:Ange{ es, B. S., hydrogeologic assessment and analysis of, groundwater basins in southern Geology, 1983. and northern California and the exploration for and development of groundwater in those basins: Mr. LaPensee' s current focus _has been on.

University of California, projects involving the development of groundwater in southern. California Riverside,. M. S, groundwater basins encompassing the siting, design and technical oversight Geological Sciences, of construction and, rehabilitation for municipal and irrigation- supply water 1986, Trace- element wells: In; addition, Mr: LaPensee has also provided technical oversight in the 9eochemistiY specialty siting, design and testing of aquifer storage and recovery ( ASR) wells and groundwater: monitoring, wells for hazardous waste- sites.

Registrations/ Certifications
In order to perform an analysis of groundwater basins and hazardous waste Certified' Hydrogeologist sites, Mr:. LaPensee uses several data elements in the evaluation process HG: 134) and such as:

Professional Geologist
o Geologyand h dro GEO 4773), State of y g eolo gy
California o Water=level and.water-quality data.
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o Driller' s logs Of wells., California Community
College Instructor; June o Surface: geophysicalsurveys.( when deemed appropriate). 1986 o:: Downhole geophysicalsurveys ( electric logs) and electric log correlation ofaquifer systems.
o Downhole flowmeter( spinner) surveys.

These elements are synthesized in groundwater projects to aid in the selection Of suitable well sites-and test drilling methods; determine depths of well drilling; outline'types- of testing to be performed in test hole drilling; select suitable types::of well casing and' other well construction materials; outline appropriate mechanical, chemical, and pumping: development methods; define; aquifer testing protocol; formulate groundwater sampling methods using accepted protocol for such contaminants as hydrocarbons, metals, : and: volatile organic compounds.( VOCs), ;and; estimate key aquifer parameters and production capabilities based on: the resulting drilling and testing data.

Experience. History a°°
o.

RICHARD C. SLADE& ASSOCIATES LLC, CONSULTING GROUNDWATER GEOLOGISTS; August:1989 to present." Employment ` position is of Senior Groundwater Geologist w• ith majo•r responsibilities as a project manager directed towards groundwater evaluation, exploration, and development projects. The areas of responsibilities in these projects encompass: preparation of proposals and cost_estimates for various types of hydrogeologic projects; preparation of technical specifications for new well projects and Well rehabilitation; providing technical andadministrative oversight of well drilling and rehabilitation, construction, development, and testing activities on well projects, and the preparation and coiripletionof final project reports.

APPLIED . GEOSYSTEN{ S; 1988 to 1989, Project Geologist: Responsibilities encompassed the overview and. management of`conimercial hazardous waste site investigations, including the installation. of vadose- zone and groundwater monitoring wells, aquifer testing, and.computer modeling of aquifer test data.

ECOLOGY. AND- ENVIRONMENT, 1987 to 1986. Associate Geologist. Responsibilities encompassed the assessment and` investigation of Federal and California Superfund sites ( soil and groundwater), including the installation of groundwater monitoring wells, aquifer testing,: geophysical surveying ( utilizing ground penetrating radar, electro=magnetic, and resistivity methods), and computer processing and' Modeling of geophysical data.

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PROFESSIONAL REGISTRATION SUMMARY
Professional Civil Engineer
California No. 69578 Mr. Hawes, has 18+ years ( 13+ with Civiltec) of water and wastewater experience. During his tenure at civiltec, he has been integral in developing EDUCATION relationships with clientele and interacting at multiple levels with business B. S: Civil. and' Environmental partners and owners to develop solutions for water, wastewater and public Engineering;, University ofUtah, works projects. He has been the responsibleengineer for hundreds of unique 1. 2002 planning, design and analytical projects while acting in the role of project

PROFESSIONAL AFFILIATIONS
manager and/ or senior engineer:

Orange CCali y.WatWAssociation
Water engineering experience includes the planning, design and construction Southern California Water Utilities Association . management of water facilities including pipelines, booster pump stations, reservoirs and watertreatment facilities. He has prepared design reports; urban water management plans, master plans, drought contingency plans,; directed modeling efforts for distribution facilities, developedoperations and; maintenance manuals, prepared' permits' through tI Department of Public Health and createdprocess and instrumentation diagrams.

SELECT PROJECT EXPER6E6t9' CE
Valley Center and Santa Clara Wells;
Santa Clarita Water Division of Cattalo Lake Water Agency Project Manager. Completed designed and construction managed two new 1, 500 gallons per minute wells.

Thisproject included well design, evaluation of pumping equipment, water system computer modeling, 12;- inch discharge. piping and appurtenances; 480-volt motor controls and telemetry; site security features, and Site improvements. Coordination was requirement for new services with the Southern California Edison, Well No.. 20,' Yorba Linda Water District
Project- Manager/ Designer. This project involved ' design and equipping of a 3, 000 gallons per minute production well. Design work included a 400- horsepower pump and ancillary equipment including automatic pump to waste features, a pump control valve, and-.a new on- site sodium hypochlorite disinfection, chemical storageand metering disinfection facility. Improvements were also provided for the existing Well NO. 11' s electrical system and programmable logia control upgrades.

Production Well No. 2; Three Valleys Municipal Water District Project Manager. Responsible for mechanically and electrically equipping the 1, 000 gallons per minute capacitywell, including a 250-horsepower motor. The improvements allow Well,No. 1 to direct flow with Well No. 2. to three different points of discharge automatically. Well design also included wellhead equipping, site improvements; a pump,to waste system; discharge piping, automatic valve control features to direct flow to clear wells or to the Miramar Surface Water Treatment Plant, and disinfection facilities inclusive of ammonia and sodium hypochlorite injection.

Crownhaven Well Replacement and PFAS Treatment, California American Water' Project Manager. Building on existing analysis( prepared by another consultant) this project is designingthe PFAS ion exchange removal system and a well pump to provide 1, 800 gpm flow capacity. Additional tasks include obtaining permits, design of a discharge to waste pipeline, upgrade to the mechanical, electrical and chemical feed system, and abandonment of the - existing well. Project will also include construction l administration services.

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PROFESSIONAL REGISTRATION SUMMARY
Professional Civil Engineer
California.* 86693 Mr. Walker has 20+ years( recently joined civiltec) of experience in all aspects Professional CMI Engineer of planning, design and construction oversight of municipal water and Florida NO. 64693 wastewater systems. His experience includes treatment, conveyance, pumping and storage systems. Hisplanning experience includes computerized EDUCATION hydraulic modeling and construction cost estimates of present and future p. s„ Environmental Engineering, sYStem needs. He also brings a" broad understanding of pump selection University requirements
of Florida, 1996
i . n both constant speed and variable frequency drive
PROFESSIONAL AFFILIATIONS applications: His background in construction oversight and.startup andtesting American Water Works Association of pumping systems brings the added value of being. able to, aid in trouble SoutheaStOeSalting Association shooting anomalous operational difficulties.

SELECT PROJECT EXPERIENCE
Miragrand Well Equipping, Three Valleys Municipal Water Project Engineer. Project includes planning, design and construction management for a new 700 gallon Per minute well, This includes above- grade discharge piping, 200 horsepower electric motor, capability to disinfect the well production at-the well head, a new switchbOard and motor-Control center system, a new fieldstone rock facade well enclosure building, telemetry and programmable logic control( PLC) equipment, a new flush to waste system, access to the wellhead, site drainage and grading, new SCE service, and aesthetically pleasing• site iMprovements such as rural fencing, decomposed granite pathways and rock drainage swales.

Crownhaven. Well Replacement. and PFAS Treatment, California AmeriCanWater Project Engineer. Building on existing analysis ( prepared by another consultant) this project is designing the PFAS ion exchange removal system and a well pump to provide 1, 800 gpm flow capacity. Additional tasks include obtaining permits; design of a discharge to:waste pipeline, upgrade to the mechanical, electrical and chemical feed system, and abandonment of the existing well. Project will also include construction administration services.

Well No. 8 PFAS Ion Exchange Treatment Plant, California Domestic Water CoMpany Project Engineer. Under a design- build contract, this project performed a complete utility and data research of the site and hydraulic assessment Design plans are being developed for three ion exchange( IX) vessel pairs in lead- lag configuration to allow for of PFAS. It utilizes beaded resin 'Media with high selectivity for PFAS and it requires no' regenerate chemicals or brine solutions, Design also included the IX vessels anchor bolt plan and Structural,pad-plan.

Well No. 7, City of Inglewood
Project Engineer Project included design and construction services for the drilling of a new well to provide high quality groundwater to the Inglewood potable water system. Coordinated with a local drilling subcontractor for drilling operations and testing to confirm the desired 800 gpm production capacity was feasible. Performed the pump sizing and selection using the testing data for depth and flow capacity. Onsite treatment for the raw well water included disinfection with sodium hypochlorite and flubride injection, and residual monitoring systems. Project also included coordination of design integration via telemetry to the existing SCADA system, new building structure to house the well equipment and treatment systems, new start up waste to drain structure, new 36- inch RCP drainage piping to tie into an existing storm drain trunk line, standby emergency power system and construction inspection and startup services.( Individual Experience)

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Res RICHARD C. SLADE & ASSOCIATES LLC

CONSULTING GROUNDWATER GEOLOGISTS

FEE PROPOSAL
FOR IYDROGEOLOGICAL/ WELL REF! a: ILITATION CONSULTANT SERVICES

CITY OF FOUNTAIN VALLEY, ORANGE COUNTY, CALIFORNIA
This Fee Proposal provides an estimateof consulting costs prepared by Richard C. Slade & Associates LLC, Consulting Groundwater Geologists( RCS), for on-call field and office services regarding the evaluation and rehabilitation project for City of Fountain Valley ( City) wells, in 3 Orange County, California, and other on- call hydrogeologic services. For these other on-call hydrogeologic services, an initial, preliminary budget is proposed herein. However, due to the unknown nature and duration of such future services, RCS will provide the. City with cost proposals at the specific request of the City for each future project to be performed under other on- call hydrogeologic services. Theestimated budget provided.herein is submittedin response to aRequest for Proposal.(RFP) distributed through Planet Bids by the City in January 2021.

RCS will Team with one subconsultant, Civiltec Engineering Inc. ( Civiltec) of Monrovia, California, ( herein RCS and Civiltec is referred to as the " Team") to provide the necessary engineering support on the project. However, because they are a subconsultant to RCS, a markup rate of only 5%d on their future costs on this project will be assessed.

COST ESTIMATE FOR TEAM SERVICES
For theproposed project, RCS can only provide preliminary cost estimates for the first task.and not for the remaining tasks, due to the large number of unknowns associated with any unforeseen situations or circumstances. Consequently, the cost estimate bre akdown of eachtask is as follows:

Task 1 Dick- Off Meeting( City Staffwith the Team) 5, 900 Task 2 Review. and Evaluate Well Data& Prepare Memoranda TBD Task 3 Prepare Technical Specifications TBD
Task 4 Pre-Bid Meeting and Bid.Assistance TBD.

Task 5 Field Monitoring ofWell Rehabilitation Operations TBD Task 6 Prepare Summary Reports TBD
Task 7 Miscellaneous On- Call Hydrogeologic Services TBD As noted above, there are various unknowns and there could be unanticipated tasks thatcannot be ascertained at this time. Thus, costs for Tasks 3 through 7 cannot be reliably evaluated and proposed to the City at this time, and will need to be determined (' 1BD) and, negotiated with the City at a later date. RCS has considerable experience in providing the various groundwater services requested for the City' s on- call services.

The Team' s services will be billed monthly on a time-and materials basis, in accordance with the attached Schedule of Charges for each Team. Anticipated work to be performed by RCS for field monitoring of well rehabilitation is virtually entirely dependent on third-party contractor 14051 BURBANK SUITE300, SHERMAN OAKS, CALIFORNIA 91401
SOUTHERN CALIFORNIA:( 818) 506- 0418• NORTHERN CALIFORNIA:( 707) 963- 3914 WW W.RCSI;ADE. COM

Proposal;for l3ydrogeologic Services
Hydrogeological/ Well Rehabilitation Consultant Services RCS City of Fountain. Valley,_Orange, County,; California Confidential& Proprietary
operations for rehabilitation of each well. Also; the Team' s on-call hydrogeologiciengineering services shall also be billed at the samerates as shown in each of the firm' s attached Schedule of Charges and will be billed on a time& expense basis.
2-

Proposal for Hydrogeologic Services
Hydrogeological/ Well Rehabilitation Consultant ServicesR'C`S' Sc
City ofFountain Valley, Orange County, California
Confidential& Proprietary

RCS SCHEDULE OF CHARGES
EFFECTIVE UNTIL DECEMBER 31, 2021
Professional Services Hourly Rates
Principal Groundwater Geologist 296.00
Senior Groundwater Geologist 248. 00
Staff Groundwater Geologist 186.00
Field Groundwater Geologist 127.00
Clerical 98. 00
Field Equipment Charges
Pressure Transducers ( water level& barometric 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, IDepositions and Testimony
Depositions•and trial testimony are charged at twjce the hourly rate.( 4-hour minimurn/ 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
All services and materials not ordinarily furnished by RCS, including subcontracted services i.e., water quality laboratory testing), delivery services, reproduction and printing, etc., are billed at cost + 15%. Reproduction costs for large format printing, and/ or high volume reproduction and binding of hard copy reports performed in-house by RCS staff, will be billed at rates similar to comparable outside services.

Conditions
RCS reserves the right to update this Schedule of Charges on January 1 of each , year ( the beginning. of our Fiscal Year). Invoices are issued at our option on a monthly basis or when the work is completed. A service charge of 1' A% 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.
3-

Proposal for Hydrogeologic Services
Hydrogeological/ Well Rehabilitation Consultant Services City of Fountain Valley, Orange County, California RCS
Confidential& Proprietary

CIVILTEC RATE SCHEDTJLE
EFFECTIVE IJNTII, ) EC BER 31, 2021
Senior Principal Engineer 250.00
Principal Engineer 240. 00
Principal Engineer- Expert Witness Testimony 375. 00
Senior Engineer 230.00
Senior Project Manager 220. 00
Principal Electrical Engineer................... ......... ....... 205. 00 Project Manager 200. 00
Senior Project Engineer 195. 00
Project Engineer..... 190.00
Senior Designer 185. 00
Staff Engineer 150. 00
Designer 140. 00
Designer/ Drafter 125.00
Planning Technician 110. 00
Resident Engineer/ Observer 110. 00
CAD Technician 105. 00
Junior Engineer 80. 00
Administrative Assistant/ Clerical 80: 00
Two Man Survey Party 240. 00
Survey Manager 180. 00
Staff Land Surveyor 125.00
Subcontracted Services........... Cost plus 15%
Mileage 0. 545/mile
NOTE: All rates are effective until December 31, 2021. Any increases in rates after that date will be limited to 5% maximum.
4-

EXHI; I. A " B"

INSURANCE SPECIFICATIONS
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INSURANCE SPECIFICATIONS
Without limiting CONSULTANT' s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expenseduring the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a- form, that is Satisfactory to qty.

General liability inturance. CONSULTANT shall maintain commercial general liability insurance with coverage at least s biöad as Insurance Services Office form CG 00 01, in an amount, not less than 11, 000, 000. 00 dollars per occurrence, 2, 000, 000. 00 dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. ci Automobile liability insurance. . CONSUJANT. -.Shall maintain automobile insurance at leastas broad as Insurance Services Office form CA00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or' about the work to; be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $ 1, 000,000,00 dollars combined Single limit for each adcident. f,
rl,"4 Workers' compensation insurance. CONSULTANT shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance ( with limits of at least $ 1, 000, 006. 0(0 dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor otOITY, its officers, agents, employees; and volunteers.

E3 Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000.00 dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms- and conditions:

A drop- down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason";
o Pay on behalf of wording as opposed to reimbursement; o Concurrency of effective dates with primary policies, Policies shall" follow form" to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies. •
El Professional liability( errors & omissions) insurance 15

CONSULTANT shall maintain professional liability insurance that covers the services .to be performed about this AGREEMENT, in the minimum amount of$ 1, 000,000.00 dollars per claim 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.

Pollution liability insurance._Environmental Impairment Liability-Insurance shall be written on CONSULTANT' s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution:
and remediation. The policy limit shall be no less than $ 1, 000, 000. 00 dollars per the claim; and in the, aggregate. All activities. contemplated in this AGREEMENT shall be specifically scheduled on the policy as " covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites. Products/ completed._ operations coverage shall extend a minimum of three years afterproject completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors: If the insured is using subcontractors, the, policy must include work performed " by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded'from.coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers; agents, and employees,: shall c be, includedas insureds under' the policy.

Explosion, collapse, underground insurance. CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with " XCU" or equivalent coverage in an amount not less than $. 1, 000, 000. 00 dollars per person and . 2, 000, 000. 00 dollars per occurrence for personal injury. The limit of property damage liabilityshall be not less than.$ 1, 000, 000. 00 dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworksand arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall ' be additional insureds under the policy. CONSULTANT shall not cancel' the insurance coverage without fifteen ( 15) days prior written notice to the State Fire Marshal.

Proof 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. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.

CITY reserves the right to require complete, certified copies of all required insurance policies, at anytime.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to 16

property, which may arise from or in connection with the performance of this AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultaants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as-there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and a9ents shall continue as additional insureds under such policies.

CITY' s rights ofenforcement In the event any policy of insurance required under this AGREEMENT does not . comply with these specifications or is canceled and not replaced, CITY has the right but not the dutyto obtain the insurance it deems necessary and any premium paid. by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT' s payments: In the alternative; CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurancecompany currently authorized bythe 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 Bests Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI:

Waiver' of subrogation. All insurance coverage maintained.:or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers; agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications. 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 and insurance clauses from each of its subconsultants.

Enforcement of contract provisions ( non estoppel). CONSULTANT - acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Specifications 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 anytype.

Notice of cancellation. CONSULTANT agrees to oblige its, insurance agent or broker and insurers to provide to CITY with a thirty ( 30) day notice of cancellation ( except for nonpayment for which a ten ( 10) day notice is- required) or nonrenewal of coverage for each required coverage.
17 i.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. Coverage available to, the additional insured shall be primary and noncontributory.

Agency's right to revise specifications: 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 ninety ( 90) 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.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserve s the right to require thatself- insured retentions be eliminated, j. lowered, or replaced by a deductible. Self-insurance willnot be considered to comply with these specifications unless approved byCITY.

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 ormay involve coverage under any of the required liability policies.

Additional 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. 18•

AMENDMENT NO. 1 TO CON 1096 FOR HYDROGEOLOGICAL/WELL REHABILITATION

CONSULTANT SERVICES
THIS FIRST AMENDMENT to CON 1096 is made and entered into this 19th day of September, 2023, by and between the City of Fountain Valley (hereinafter “CITY”) a municipal corporation (hereinafter “CITY”), and Richard C. Slade & Associates LLC (hereinafter “CONSULTANT”).

Recitals
WHEREAS, CITY and CONSULTANT previously entered into an Agreement for Hydrogeological/Well Rehabilitation Consultant Services CON 1096 dated April 20, 2021, (“AGREEMENT”); and
WHEREAS, the AGREEMENT was for an amount not-to-exceed $150,000.00 and expires June 30, 2024; and
WHEREAS, the parties desire to expand the scope of services called for under the AGREEMENT to provide for additional Hydrogeological/Well Rehabilitation Services, and to provide CONSULTANT with additional compensation of an amount not to exceed $43,583.13; and
WHEREAS, CITY has not expended the TOTAL CONTRACT SUM provided for in the AGREEMENT but, the funds remaining under the AGREEMENT are insufficient for the proposed additional Hydrogeological/Well Rehabilitation Services; and WHEREAS, the parties desire to amend the AGREEMENT to increase the TOTAL CONTRACT SUM by $43,583.13 through June 30, 2024 for an amount not exceed $193,583.13.

Now therefore, the parties do hereby agree that:

1. The compensation provided to CONSULTANT shall be increased by an amount not to exceed $43,583.13.

2. The scope of services and compensation provided to CONSULTANT shall not exceed a TOTAL CONTRACT SUM of $193,583.13.

3. That the AGREEMENT, as amended, shall remain in effect until June 30, 2024.

4. Except as specifically stated herein, all other terms and conditions of the AGREEMENT, as amended, shall remain in full force and effect.

ATTEST: CITY OF FOUNTAIN VALLEY
______________________ ___________________________
Rick Miller, City Clerk Kim Constantine, Mayor
APPROVED AS TO FORM: CONSULTANT
__________________________ __________________________
Attorneys for the City Richard C. Slade, President

APPROVED AS TO CONTENT:
______________________________
Scott Smith, Director of Public Works

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 19, 2023 Members of the City Council
SUBJECT: Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County (ILJAOC)
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

The Integrated Law & Justice Agency for Orange County (ILJAOC) JPA agreement was originally created September 2008 and was last updated in June 2015. Staff is requesting City Council adopt Resolution No. 9898 to restate the commitment to continue with the JPA and update the agreement. This agreement shall continue to remain in effect until the City of Fountain Valley withdraws or the agency dissolves.

DISCUSSION:

The purpose of ILJAOC is to cooperate with each Member Agency in the exercise of some or all of their powers to establish a separate agency to facilitate the integration and sharing of criminal justice information/data. ILJAOC provides the greatest opportunity to utilize economies of scale to facilitate a single source for the development, evaluation, and implementation of law enforcement integrated processes and ever-changing electronic equipment utilized in the Orange County criminal justice system.

Since 2015, through connection with ILJAOC the City of Fountain Valley has been able to streamline services and put tested, proven, and high quality equipment/software into the hands of our sworn and non-sworn personnel. ILJAOC has also been responsible for the development and implementation and continued evolution of the Orange County In-Time scheduling system that is responsible for coordination of Officer subpoenas through the Superior Courts. Without

ILJAOC JPA
September 19, 2023

ILJAOC, the City of Fountain Valley’s fiscal responsibility would far exceed the annual expense.

The current members of ILJAOC include: Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, La Habra La Palma, Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana, Seal Beach, Tustin, Westminster, OC District Attorney’s Office, OC Public Defender, OC Probation, Orange County Sheriff’s Department, Superior Court of CA, University of CA Irvine, and California State University Fullerton.

The proposed amendments to the ILJAOC JPA are procedural in nature. They clarify the voting membership of the member agencies, the process for selecting board members and alternates, and the role of member agencies without voting board members. In addition, the amended agreement would confirm the agency’s ability to retain legal counsel and authorize non-Mayors to sign the Joint Powers Agreement by digital signature. This agreement will continue in full force and be in effect until the City of Fountain Valley withdraws or the agency dissolves.

Currently, the Fountain Valley Chief of Police is a designated Orange County Chiefs’ and Sheriff’s Association board-appointed member to ILJAOC and has full voting privileges.

FISCAL REVIEW:

Upon review of the historical fiscal data, the City of Fountain Valley has expensed $178,348 to ILJAOC. The expense covers member fees for operating, capital replacement, and citation system maintenance. Following is the fiscal breakdown since Fountain Valley joined ILJAOC:
2015-2015 $ 16,507
2015-2016 23,372
2016-2017 21,683
2017-2018 20,017
2018-2019 16,107
2019-2020 18,244
2020-2021 20,125
2021-2022 20,649
2022-2023 21,644
$178,348
The adopted FY 2023/2024 budget includes sufficient funding for the $23,330 annual expense and will be a recurring item for future budgets. It will be expensed to the Information Services Internal Fund, 110.10.10050.53010.

As the ILJAOC has been established as a Joint Powers Authority and functions as a government agency under a Joint Powers Agreement, the requirements for competitive bidding are waived for this expenditure.

ILJAOC JPA
September 19, 2023

PUBLIC NOTIFICATION:

Public notification was not required for this agenda item.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney(s) for the City reviewed and approved as to form.

ALTERNATIVES:

Alternative No. 1:

City Council adopt Resolution No. 9898 for the restated and amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County.

Alternative No. 2:

Do not approve City Council Resolution No. 9898 for the restated and amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County.

RECOMMENDATION:

Staff is requesting City Council approve Resolution 9898 for the restated and amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County.

Prepared by: Matthew L. Sheppard, Chief of Police
Reviewed by: Scott Kim, Information Services Director
Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. Amended ILJAOC Agreement

2. ILJAOC Letter

3. Resolution No. 9898

4. ILJAOC Invoice FY 2023-2024

RESOLUTION No. 9898

A RESOLUTION OF THE FOUNTAIN VALLEY CITY COUNCIL APPROVING

THE RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR

INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) WHEREAS, the City of Fountain Valley is a Member Agency of the ILJAOC, a joint powers authority, and is a party to the Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (“Agreement”); and,
WHEREAS, the City of Fountain Valley previously entered into the Agreement in 2015 and remains an active participant in ILJAOC; and,
WHEREAS, the member agencies of ILJAOC joined together to establish, operate and maintain a separate agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitants within their respective boundaries; and,
WHEREAS, the member agencies of ILJAOC propose to amend the Agreement in order to clarify the agency’s voting membership and selection of board members and alternatives, among other clarifying amendments.

NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby resolve as follows:

Section 1. That the City Council adopt Resolution No. 9898 approving the restated and amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This Agreement shall continue in full force and effect until the City of Fountain Valley withdraws or the agency dissolves.

Section 2. That the City Council hereby authorizes the Mayor to execute the Agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED this 19th day September, 2023.

ATTEST:
___________________________ ________________________________ Rick Miller, City Clerk Kim Constantine, Mayor
APPROVED AS TO FORM:

HARPER & BURNS LLP
_____________________________
Colin Burns, Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 19, 2023 Members of the City Council
SUBJECT: Approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) to extend the street light maintenance and repair services contract term for an additional two (2) year term.
_________________________________________________________________________________________ Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

The City currently maintains approximately 3,178 high-voltage streetlights on public streets.

The streetlights provide lighting with various brightness from 5,800 Lumens on residential streets to 22,000 Lumens on major arterial streets. These facilities must be efficiently maintained to ensure the proper operation of the City’s streetlights system.

On September 1, 2021, a Request for Proposals (RFP) 21-009 for Street Light Maintenance and Repairs Services was posted on PlanetBids to invite qualified contractors per the City’s Municipal Code and Purchasing Policy (FVMC chapter 2.30.020).

Among the three (3) proposals received, Bear Electrical Solutions, Inc. (Bear) demonstrated a superior understanding and approach to the City’s street lighting infrastructure and required preventative/maintenance and extraordinary repair needs. Bear has a history of and is currently providing similar services for cities throughout California including several cities in Orange County.

On October 19, 2021, the City Council approved the award of the Street Light Maintenance and Repair Services contract for Bear Electrical Solutions, Inc. Per the terms of the contract, the contract is for two (2) years, with the option for two (2), two (2)-year extensions, for a maximum possible term of six (6) years.

Bear Electrical Solutions, Inc. Amendment No. 1
September 19, 2023

On October 19, 2023, the Bear Electrical Solutions, Inc. contract will expire. Based on the service and competitive pricing provided, staff is recommending that City Council approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) to extend the streetlights maintenance and repair services contract term for an additional two (2) year term.

DISCUSSION:

The City of Fountain Valley purchased the streetlights from Southern California Edison (SCE) in 2017. Since then, repairs and maintenance were performed only on an as-needed basis via the City’s traffic signal maintenance contractor at the time.

On September 1, 2021, a Request for Proposals (RFP) 21-009 for Street Light Maintenance and Repair Services was posted on PlanetBids to invite qualified contractors per the City’s Municipal Code and Purchasing Policy (FVMC chapter 2.30.020), and the City received three (3) proposals when PlanetBids closed. On October 19, 2021, City Council awarded the Street Light Maintenance and Repair Services Contract CON 21-63 (Munis CON 1040) to Bear Electrical Solutions, Inc. for $110,000 per year. The contract was for two (2) years with an option to extend it for two (2) additional two (2) year terms for a maximum possible term of six (6) years.

A detailed summary of tasks and unit prices list was included as part of the original contract and proposal. Not all tasks would be performed during any given year. While the cost for services was not a primary factor in the selection of qualified service providers, the hourly rates for equipment and labor offered by Bear Electrical Solutions, Inc. were competitive with those offered by other vendors and were consistent with the current rates in the industry.

On October 19, 2023, the Bear Electrical Solutions, Inc. contract will expire. In order to be able to provide reliable street lighting to our Fountain Valley residents, customers, and visitors, staff is recommending that City Council approve Amendment No. 1 to Bear Electrical Solutions, Inc.

CON 21-63 (Munis CON 1040) for the street lights maintenance and repair services contract for a term of two (2) years.

FISCAL REVIEW:

BUDGET FOR FY 2023/2024
General Fund (Fund 100) – Acct No. 100.50.50503.55530

$180,000.00
Total Project Budget

$180,000.00
As the City embarked on all things inherent in maintaining its own streetlights, the City budgeted $110,000 for Fiscal Year 2021-22, for street light maintenance and repair services.

Since Fiscal Year 2021-22; however, the number of streetlight pole knockdowns, due to motor vehicle accidents, have begun to increase. These events were most evident throughout last

Bear Electrical Solutions, Inc. Amendment No. 1
September 19, 2023

fiscal year, when there were eight (8) streetlight poles knocked down. Each streetlight pole knockdown is extremely costly, where costs can range from $10,000 to $20,000 each depending on the damage severity, age of pole and pole type and the equipment and labor required for each repair historically tends to encumber a large amount of the maintenance contract. Additionally, streetlight pole knockdowns are very unpredictable, and thus, it is very difficult to estimate the amounts needed for future streetlight pole-knockdowns, should they occur. In order to plan for the replacement of streetlight poles, during mid-year appropriations, City staff requested an increase in the FY 2022-23 budget by $80,000 with a revised budget total of $160,000. The City has a process in place for pursuit of reimbursement from the respective insurance companies of those who cause the damage to the streetlights.

At the beginning of Fiscal Year 2023-24, City staff requested a budget of $180,000. This budget amount was determined to account for potential and future installation of “knocked-down” poles and to budget for maintenance and repair service requests this year.

The current contract is written to be for a contract amount of $110,000 per year; however, in the event there is a future need for an increase in the street lights maintenance and repair services budget or contract, or both, staff will present a formal request to the City Council, during a future regular City Council meeting.

Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) Year 1 (October 19, 2023-October 19, 2024) of Amendment No. 1 * $110,000.00 Year 2 (October 19, 2024-October 19, 2025) of Amendment No. 1 ** $110,000.00 *Amendment No. 1 to CON 21-63 (Munis CON 1040) presented to City Council on September 19, 2023. **Year 2 of Amendment 1 will be funded as part of the FY24-25 City Budget.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City reviewed and approved the Bear Electrical Solutions, Inc. CON 21- 63 (Munis CON 1040) on October 19, 2021 and also reviewed and approved the Bear Electrical Solutions, Inc. Amendment No. 1 to CON 1040.

ALTERNATIVES:

Alternative No. 1: Approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) to extend the streetlight maintenance and repair services contract for a term of two (2) years.

Bear Electrical Solutions, Inc. Amendment No. 1
September 19, 2023

Alternative No. 2: Do not approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) to extend the streetlight maintenance and repair services contract a two (2) year term. This is not the recommended action because the City would not be able to provide a reliable means to repair streetlights that are inoperable or destroyed due to motor vehicle accident impacts.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) to extend the streetlight maintenance and repair services contract for a term two-year term.

Prepared by: Terri Phan, Management Aide
Co-Prepared &
Recommended by: Kyle Knoke, Associate Engineer
Reviewed by: Temo Galvez, P.E., Deputy Public Works Director / City Engineer Approved by: Scott Smith, P.E., Director of Public Works Fiscal review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) Attachment 2: Bear Electrical Solutions, Inc. Amendment No. 1 to CON 21-63 (Munis CON 1040)

AMENDMENT NO. 1 TO CON 21-63 (Munis CON 1040) FOR STREET LIGHTS REPAIR

SERVICES
THIS FIRST AMENDMENT to CON 21-63 (Munis CON 1040) is made and entered into this 19th day of September, 2023, by and between the City of Fountain Valley (hereinafter “CITY”) a municipal corporation (hereinafter “CITY”), and Bear Electrical Solutions, Inc. (hereinafter “CONTRACTOR”).

Recitals
WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Street Lights Maintenance and Repair Services CON 21-63 (Munis CON 1040) dated October 19, 2021, (“AGREEMENT”);
WHEREAS, the AGREEMENT was for an amount not-to-exceed $110,000.00 per year and expires October 19, 2023;
WHEREAS, the CITY, at its option and with CONTRACTOR concurrence, may renew the AGREEMENT for two (2) additional two (2) year periods under the same terms and conditions as the AGREEMENT, including a provision for a Consumer Price Index (CPI) adjustment in the cost of the AGREEMENT;
WHEREAS, the parties do now desire to exercise the first option and extend the term of the AGREEMENT for another two (2) years for an amount not to exceed $110,000.00 per year, and to expand the scope of services called for under the AGREEMENT to provide for additional Street Lights Maintenance and Repair Services;
WHEREAS, CITY has not expended the TOTAL CONTRACT SUM provided for in the AGREEMENT and the funds remaining are insufficient for the proposed scope of work; and WHEREAS, the parties desire to amend the AGREEMENT to increase the TOTAL CONTRACT SUM by $220,000.00 through October 19, 2025, for a total amount not to exceed $400,000.00.

Now therefore, the parties do hereby agree that:

1. The compensation provided to CONSULTANT shall be increased by an amount not to exceed $110,000.00 per each year for the additional two-year term through October 19, 2025.

2. The scope of services and compensation provided to CONSULTANT shall not exceed a TOTAL CONTRACT SUM of $400,000.00.

3. That the AGREEMENT, as amended, shall remain in effect until October 19, 2025.

4. Except as specifically stated herein, all other terms and conditions of the AGREEMENT, as amended, shall remain in full force and effect. ///
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ATTEST: CITY OF FOUNTAIN VALLEY
______________________ ___________________________
Rick Miller, City Clerk Kim Constantine, Mayor
APPROVED AS TO FORM: CONSULTANT
__________________________ __________________________
Attorneys for the City Robert Asuncion, Vice President
APPROVED AS TO CONTENT:
__________________________
Scott Smith, Public Works Director