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CONTRACT 5873 Professional Services Agreement CLOSEDAgreement No. 5873 PROFESSIONAL SERVICES AGREEMENT BETWEEN ,- THE CITY OF EL SEGUNDO AND w EEC Environmental This AGREEMENT is made and entered into this 23rd day of January, 2020, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and EEC ENVIRONMENTAL, a California Corporation ("CONSULTANT"). The parties agree as follows: 1. CONSIDERATION, A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Twenty-four thousand, nine -hundred fifty dollars ($24,950.00) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to City of EI Segundo Professional Services (REV 2018.05) Page 1 of 11 Agreement No. 5873 cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 7. TERM. The term of this Agreement will be from February 1, 2020, to January 31, 2022. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A"; City of EI Segundo Professional Services (REV 2018.05) Page 2 of 11 Agreement No. 5873 B. Termination as stated in Section 15, 8. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight (48) hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit: A: Scope of Work and Fee Schedule 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of City of EI Segundo Professional Services (REV 2018.05) Page 3 of 11 Agreement No. 5873 any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art City of EI Segundo Professional Services (REV 2018.05) Page 4 of 11 Agreement No. 5873 work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. A. CONSULTANT agrees to the following: Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any City of EI Segundo Professional Services (REV 2018.05) Page 5 of 11 Agreement No. 5873 approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. MASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of (Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation City of EI Segundo Professional Services (REV 2018.05) Page 6 of 11 Limits $2,000,000 $1,000,000 $1,000,000 Statutory requirement Agreement No. 5873 B, Commercial general liability insurance will meet or exceed the requirements of the most recent ISO -CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 155. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative City of EI Segundo Professional Services (REV 2018.05) Page 7 of 11 Agreement No. 5873 description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: EEC Environmental One City Boulevard West, Suite 1800 Orange, CA 92868 Attention: Joseph Jenkins Phone: 714-667-2300 Email: JJenkin s0eecenvironmental.com IFUSTyif'il City of EI Segundo 350 Main Street EI Segundo, CA Attention: Lifan Xu Phone: 310-524-2368 Email: Ixu elseaundo.ora, Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. City of EI Segundo Professional Services (REV 2018.05) Page 8 of 11 Agreement No. 5873 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. 35.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. City of EI Segundo Professional Services (REV 2018.05) Page 9 of 11 Agreement No. 5873 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] City of EI Segundo Professional Services (REV 2018.05) Page 10 of 11 Agreement No. 5873 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNDO Qt� cp�) Ken Berkman Public Works Director A TT T T�� Tracy Weaver, City Clerk EEC Environmental ., John Shaffer President 47ile— Taxpayer ID No. 33-0665828 APPROV D S TO FORM: Mark . Hensley, City Attorney Insurance Approved byV11, YA hko—' :� tI�+� City of EI Segundo Professional Services (REV 2018.05) Page 11 of 11 Agreement No. 5873 Corporate ..0 667-2310 One City Boulevard West, Suite 1800 Orange,8 • January 9, 2020 Mr. Lifan Xu Principal Civil Engineer City of EI Segundo — Public Works 350 Main St. EI Segundo, California 90245 Subject: Proposal for Continued Pretreatment Program Development and Program Management for the City of EI Segundo Dear Mr. Xu: Pursuant to your request, EEC Environmental (EEC) is pleased to present this proposal for the continued development and management of the Industrial Pretreatment Program for the City of EI Segundo (City). This scope of work in this proposal is based on information from the current progress of the City's program development, discussions with you regarding desired program development, as well as, EEC's expertise in the development and implementation of industrial pretreatment programs. This proposal covers the existing scope of work that EEC is currently assisting the City with, and the new scope identified during the Pretreatment Program development process. Additionally, the scope of work is intended to cover two years of work for the City. The EEC team is thoroughly familiar with the project scope of work. The proposal herein is designed to address all items in the scope of work including program development, inspections, monitoring, permitting, reporting, coordinating and administrative functions required to support the City. PROPOSED SCOPE OF WORK Task 1 Significant Industrial User and Non -FSE Industrial User Inspections For the one (1) Industrial User (IU), the methodology that will be followed in performing the inspection is similar to the methodology followed by the U.S. EPA as generally outlined in the U.S. EPA's Control Authority Pretreatment Audit Checklist and Instructions document dated February 2010. Inspections will include a visit of the facility, interviews with IU representatives and a review of records. The frequency of the inspections will be in accordance with the requirements of 40 CFR 403. As part of the inspections, EEC will review the established procedures and implemented Best Management Practices (BMP), including internal inspection logs and reports. Based on the results of the inspections or as requested by the City, EEC will investigate and respond to infractions and complaints. In the event that inappropriate actions are observed, or evidence of past or present unauthorized discharges is found, EEC will notify the City and will assist in determining whether or not an enforcement order is required. In some situations, all that might be required is for EEC to coordinate with the City and the facility to conduct a follow-up inspection to ensure that the facility is in compliance. After I N,,'y II III NII d"Ilgd,b....a14..V,,,Nw VtlIY I:,p.;rrlV V ;.;a1, I, V;' Y� V I u .N '111 I NP (;11rN``p upa uu;d : Agreement No. 5873 Mr. Lifan Xu January 9, 2020 conducting inspections, EEC will prepare a draft inspection report for the City's signature and issuance to the industrial user. EEC will also inspect all limited industrial users (LIU). EEC will follow similar inspections procedures as the ones followed for the permitted IU, but will focus more on BMP implementation and employee training aimed at preventing harmful discharges. If required, EEC will make recommendations to the City regarding facilities requiring permits or simply additional monitoring including sampling. Task 2 Permitted Industrial User Sampling For all permitted IUs, EEC will coordinate annual sampling events in order to monitor the discharge from each IU. Samples results will be compared with permit limits. Any exceedances will be promptly reported to the City with recommendations for appropriate follow-up actions. If required, periodic surveillance monitoring will be conducted as -needed in the sewer system to identify sources of suspected unauthorized dumping of high strength or pollutant loading that violates the City's existing wastewater discharge limitation. If a facility is suspected of illicitly discharging into the sewer system, the matter would be discussed with the City and EEC would recommend the best strategy for future surveillance monitoring. Task 3 Annual Permit Preparation For each IU requiring permitting, EEC will draft wastewater discharge permits for review by the City. EEC will address comments and edits and will prepare final permits for signature and issuance by the City. Activities associated with permitting include the collection of general information on the permittee and verification of the manufacturing and other activities conducted at the facility (typically conducted during facility inspections). EEC will develop a Permit Basis Document (PBD) for each new IU and existing PBDs will be reviewed and revised, if necessary. The PBD is considered the foundation for every wastewater discharge permit and EEC will provide the level of expertise needed for the adequate identification of all applicable Federal categorical industrial classifications and of their respective applicable requirements. Permitting activities for dry cleaners, automotive cleaning facilities, maintenance facilities, and other commercial and light industrial facility will follow the same level of scrutiny and verification. Task 4 Reporting EEC will assist the City in meeting its regulatory reporting including spill reporting, annual reporting, annual inventory updating, and the Pretreatment Compliance Schedule (PCS) Summary report. EEC will ensure that all reports are prepared promptly to allow sufficient time for review by the City, addressing comments by EEC and timely submittal by the City. EEC is aware of the reporting schedule including the February yearly due date to Los Angeles County, for the annual report, respectively. EEC will also assist in the publishing of the list of SIUs in significant non-compliance. All required reports will be provided to the City for review and final signatures and issuance once City's comments are received and addressed by EEC. Proposal for Continued Pretreatment Program Development 2 EEC Agreement No. 5873 Mr. Lifan Xu January 9, 2020 Task 5 Pretreatment Program Audit Preparation PG Environmental, on behalf of the EPA, conducts annual audit of the City of Los Angeles Pretreatment Program. These audits typically include an in-depth look at two to three member agencies that are contracted with City of Los Angeles. Based on the previous audit conducted by PG Environmental, it is EEC's understanding that in 2020 the City of EI Segundo could be subjected to the in-depth audit. To prepare for this audit, EEC staff reviews the previous in-depth audits conducted by PG Environmental, the current Pretreatment Program documents to ensure that all program requirements are met, and will coordinate a site inspection of an industrial user if requested by PG Environmental. Task 6 Industrial Waste Survey/Industrial Inventory The existing industrial user listing developed by the City will be maintained and updated by EEC as new IUs are identified and/or as new survey activities are conducted. EEC will utilize the tools available to conduct surveys in order to identify new facilities. Examples of tools include business license applications, changes in sewer service, new tenant improvements and field observations made during inspections. EEC will submit, on behalf of the City, an updated list of its permitted IUs, which is derived from the Master Industrial User Tracking List and shows deletions and additions keyed to a previously submitted list. In addition to the typical business evaluated, EEC will also evaluate the local dental facilities to determine if they should be permitted under the newly adopted EPA Dental Rules. Task 7 Enforcement and Public Participation EEC will review IU self-monitoring reports and will assist the City with all enforcement actions including verbal and/or written warnings and civil and/or criminal enforcement actions. In addition, EEC will assist the City in the tracking progress toward compliance once enforcement has been initiated. EEC will document, in the City database, all communication and will track all actions, including all verbal or written extensions granted to the IUs, in accordance with the Enforcement Response Plan (ERP). Task 8 Sewer Use Ordinance Updates Based on the recent update to the City of Los Angeles Sewer Use Ordinance, EEC will update the City of EI Segundo ordinance to align with the requirements of the City of Los Angeles. EEC will also incorporate the necessary changes to comply with the recommendations provided by PG Environmental during the recent Pretreatment Program Audit. Task 9 Enforcement Response Plan Development EEC will review and update the current Enforcement Response Plan (ERP) (if available). If an ERP is not available for review, EEC will develop a new ERP. The ERP will be based on the existing procedures for evaluating and acting upon IU non-compliance that are dictated by the EPA Model Ordinance. EEC will provide a complete re -write of the ERP including staff responsibilities and notification procedures. Proposal for Continued Pretreatment Program Development 3 EEC Agreement No. 5873 Mr. Lifan Xu January 9, 2020 Task 10 Dental Amalgam Compliance Support EEC will prepare and send an industrial waste survey report to all dental facilities in the City that are west of the Pacific Coast Highway. EEC will then conduct follow-up inspections for any facility that does not return a completed facility report. EEC will work wit the City to ensure all reports are submitted prior to the July 2020 deadline. ESTIMATED COST Assumptions 1. Projected cost estimates are for two years. 2. In addition to the SIU, up to 25 IUs will be inspected. 3. Follow-up inspections of IUs are not included in the scope of this proposal. 4. Cost for sample collection and analyses, by an outside laboratory, is not included in the cost estimate and would be billed separately. Cost Based on the project man-hours, EEC will provide the services described above on a time -and -materials basis with a not to exceed cost of $24,950. This work will be conducted pursuant to EEC's most current Fee Schedule and Standard Terms & Conditions (attached). Monthly progress invoices will be submitted for payment which will be due and payable in net 30 days. This proposed cost is valid for thirty (30) days after the proposal date. If additional work is requested or due to extenuating circumstance required outside of the aforementioned scope of work EEC will notify the City for approval prior to proceeding. Thank you for the opportunity to provide industrial pretreatment services to the City of EI Segundo. EEC can begin work upon receipt of authorization to proceed. Should there be any questions regarding the contents of this proposal, please contact me at (714) 667-2300 or jjenkins@eecenvironmental.com. Sincerely, EEC Environmental Joseph Jenkins Project Regulatory Specialist Attachments: 1. 2019 Fee Schedule Proposal for Continued Pretreatment Program Development 4 EEC Mr. Lifan Xu ACCEPTANCE Agreement No. 5873 January 9, 2020 If the proposed scope of work, cost of services, and payment terms stated herein meet with your approval, please acknowledge acceptance of same and initiate authorization to proceed and grant site access by signing and faxing a copy of this document to 714-667-2310 or scanning and e -mailing a signed copy to jjenkins@eecenvironmental.com. Print Name Signature Print Title Date Proposal for Continued Pretreatment Program Development 5 EEC ENVIRONMENTAL 2019 Fee Schedule PERSONNELCHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Jr. Staff Engineer/Geologist/Scientist $115 Staff Engineer/Geologist/Scientist $130 Sr Staff Engineer/Geologist/Scientist $145 Project Engineer/Geologist/Scientist - 1 $170 Project Engineer/Geologist/Scientist - 11 $180 Sr Project Engineer/Geologist/Scientist - 1 $195 Sr Project Engineer/Geologist/Scientist - 11 $215 Principal Geologist $240 Principal $240 Project Assistant $100 Technician $100 Drafter $125 Sr Technician $125 Compliance Inspector $120 Technician GIS/Technology $105 Analyst GIS/Technology $115 Sr Analyst GIS/Technology $125 Specialist GIS/Technology $135 Sr Specialist GIS/Technology $145 Supervisor GIS/Technology $160 Director/GIS Technology $175 Construction Technician $90 Construction Field Supervisor $110 Construction Manager $115 Sr Construction Manager $140 Technical Editor $110 Emergency response will be charged at a rate of 1.5 times the standard hourly rate. When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. 2019 Eng Fee Schedule Agreement No. 5873 Travel Vehicles used on project assignments will be charged at $75 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $60 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus 15%. Field Eauipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request. Subcontractors and Reimbursables The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. Other Proiect Charqs The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. Shtpoina and Postaae Shipping charges include couriers and the postage necessary will be charged at cost plus 15%. Interest Charaes Interest on late payments will be charged at the rate of 1.5% per month. Pavment Terms Net 30 days apply to all work performed and invoiced unless superseded by a specific executed contract. This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments. Agreement No. 5873 EEC ENVIRONMENTAL Standard Terms and Conditions 1. TERM OF AGREEMENT: The term of this Agreement shall commence on the above date and shall continue in effect until the project is completed or terminated by either party having given seven (7) days written notice to the other party. 2. SERVICES TO CLIENT: EEC shall render consulting or construction services, as agreed. If, in the course of the project, work beyond the scope of the proposal is requested, or if unforeseen conditions arise, EEC will notify CLIENT of the change in scope of the project and, if CLIENT agrees to such changes in writing, EEC shall undertake the additional work. Unless otherwise negotiated, additional work shall be billed according to EEC's Current Fee Schedule. 1 PAYMENT: EEC shall submit monthly progress invoices to CLIENT. CLIENT agrees to pay EEC within thirty (30) days of the date of the invoice. Overdue payments will be charged interest at the rate of 1.5% monthly (18% annually) until payment and interest is paid in full. 4. SUSPENSION OF WORK: In the event all or any portion of the work prepared or partially prepared by EEC be suspended, abandoned, or terminated, CLIENT shall pay EEC only for the work performed. 5. EEC's RESPONSIBILITIES: EEC shall be solely responsible for: a) completion of the project in accordance with the proposal; b) direct supervision of EEC's employees and subcontractor's on project site; c) prompt notification to CLIENT of any dangerous, adverse, or unusual conditions encountered at the site; d) obtaining and maintaining proper licenses for EEC's work; e) damage to the property due to EEC's or its subcontractor's negligence; f) compliance with laws and regulations pertaining to EEC's employees' wages, hours, fair employment practices, worker's compensation insurance, and similar employer responsibilities. EEC understands that access to the site shall only be during normal working hours. 6. CLIENT'S RESPONSIBILITIES: CLIENT shall be solely responsible for: a) maintaining overall supervision of the project beyond the immediate scope of EEC's work; b) all applicable permits beyond the scope of EEC's work; c) making available to EEC all of CLIENT'S information regarding existing and proposed conditions of the site including, but not be limited to: plot plans and as - built drawings. CLIENT will immediately transmit to EEC any new information which becomes available or any change in plans; d) providing reasonable access to the site for all necessary equipment and personnel during normal working hours; 7. INDEMNIFICATION: CLIENT agrees to indemnify, defend and hold EEC harmless from and against all claims or actions, based upon or arising out of injuries to persons or property, caused by the errors, omissions or negligence of CLIENT or its agents, subcontracts or employees in performance of services hereunder. EEC agrees to indemnify, defend and hold CLIENT and its members, shareholders, partners, directors, affiliates, agents, officers, employees, assignees, tenants, transferees and nominees harmless from and against any and all claims, damages, demands, liens, claims or liens, losses, actions, or liability of any kind or nature whatsoever, which they may sustain, incur, or be subjected to, or which may be imposed on them, including, without limit, reasonable attorney's fees and litigation costs to the extent arising directly or indirectly, in whole or in part out of, or Agreement No. 5873 EEC Terms and Conditions in connection with: (a) any acts, errors or omissions or willful misconduct of EEC or its personnel in performing the services and work hereunder, including, without limit, damage to any property or injury to or death of any person(s); (b) acts, non-performance or breach by EEC's personnel or material duties, obligations or representations under this Agreement; and (c) acts, non-performance or breach by EEC of material duties, obligations or requirements under the Access and Indemnity Agreement by and between EEC and CLIENT and incorporated herein by reference. INDEPENDENT AGENT: Each party shall be an independent agent with respect to all work under this Agreement, and shall not be deemed to be the servants, employees, or agents of the other. INSURANCE: EEC shall provide insurance at a minimum in accordance with the following for the duration of the project. EEC shall name CLIENT as additional insured. EEC shall provide CLIENT with a copy of EEC's certificate of insurance prior to commencement of the services and work herein, listing CLIENT as additional insured as follows: (a) worker's compensation per the statutory limits; (b) employer's liability of $1,000,000 per occurrence; (c) commercial liability, including contractual liability, property damage, bodily injury and death of $5,000,000 per occurrence, $5,000,000 annual aggregate; (d) automobile liability of $1,000,000 combined single limit; and (e) professional errors and omissions of $5,000,000 per claim. 10. AMENDMENT: This Agreement may be amended by mutual consent of the parties in writing to be attached hereto and incorporated herein, executed by EEC and CLIENT's representative. 11. CONFIDENTIALITY: All CLIENT information will be considered confidential and will only be released upon written approval from CLIENT. 12. ENTIRE AGREEMENT: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties relating to the subject matter of this Agreement and is the entire understanding and agreement related thereto. 13. GOVERNING LAW: The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. 14. LEGAL CONSTRUCTION: In the event provisions contained in this Agreement shall for any reason be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof. This Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. 15. ATTORNEY FEES: Should it be necessary for either party to initiate legal proceedings to enforce any term or condition of this Agreement, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys' and consultants' fees incurred in such proceedings. For purposes of this Agreement, the term "attorney's fees" shall include the fees and expenses of counsel to the parties hereto, which may include printing, photo -stating, duplication and other expenses, air freight charges and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney.