CONTRACT 4700 CLOSEDAgreement No. 4700
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
ENVIRONMENTAL ENGINEERING & CONTRACTING, INC.
This AGREEMENT is entered into this 23rd day of October, 2014, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and
Environmental Engineering & Contracting Inc., a California Corporation ( "CONSULTANT ").
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 Ninety Thousand Nine Hundred Fifty dollars ($90,950.00) 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.
r, 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 cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
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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. ADDITIONAL WORK.
A. CITY's city manager ( "Manager ") may determine, at the Manager's sole
discretion, that CONSULTANT must perform additional work ( "Additional
Work ") to complete the Scope of Work. If Additional Work is needed, the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $1 for Additional Work must be approved by CITY's city council.
All Additional Work will be subject to all other terms and provisions of this
Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed;
ii, 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.
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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.
8. TERM. The term of this Agreement will be from October 31, 2014 to October 30, 2016.
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 ";
B. Termination as stated in Section 16, .
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 23
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.
10. 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 hours (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.
11. 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: Proposal for Services.
12. 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.
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13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. 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.
15. 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 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.
16. 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' 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.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
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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.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art 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.
19. INDEMNIFICATION.
A.
L''
C.
CONSULTANT agrees to the following:
i. Indemnification for Professional
harmless and indemnify and a
costs for CITY and all its
Services. CONSULTANT will save
CITY's request reimburse defense
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.
For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
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D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any 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.
20. ASSIGNABILITY. 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.
21. 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 is it 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.
22. 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.
23. 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
Limits
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
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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 16.
24. 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.
25. 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 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.
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26. 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
501 Parkcenter Drive
Santa Ana, CA 92705
Attention: John Shaffer
If to CITY:
Public Works
City of El Segundo
350 Main St.,
El Segundo, CA 90245
Attention: Lifan Xu
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.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. 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.
29. 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.
30. 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.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is one (1) Attachment to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
Agreement No. 4700
33. 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.
34. 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.
35. 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.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
36. ACCEPTANCE OF FACSIMILE 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
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. 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.
40. 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]
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Agreement No. 4700
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
ATTEST.
Tr y -C "er,
C)iy C e,r,-k
APPROVED AS TO R
, 'TRM:
MARK D. HEN *,Attorney
ez,
By:
Karl H. Berge
Assistant City' 6ornev
Taxpayer ID No. 33-0665828
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r
June 30, 2014
I
E0 131 l �
Agreement No. 4700
E PJ%f1 RCy 11V M E P![TAL
ENGINEERING & CONTRACTING, INC.
501 Parkcenter Drive, Santa Ana, CA 92705
Phone (714) 667 -2300 • Fax (714) 667 -2310
www.eecworld.com
Mr. Lifan Xu
Principal Civil Engineer
City of El Segundo — Public Works
350 Main St.
El Segundo, California 90245
Subject. Proposal to Develop an Industrial User Pretreatment and FOG Control Program for the
City of El Segundo
Dear Mr. Xu:
Pursuant to your request, Environmental Engineering & Contracting, Inc. (EEC) is pleased to present this
proposal to develop and implement a program for industrial pretreatment and for Fats, Oil and Grease
(FOG) control for the City of El Segundo (City). This proposal is based on information from your June 19,
2014 email and your prior meeting with Joseph Jenkins and Ashish Marwah, as well as on EEC's expertise
in the development and implementation of programs for pretreatment and FOG control.
EEC recognizes that industrial pretreatment program development is necessary for the West portion of
the City where the City is responsible for sewer discharges to the City of Los Angeles. Additionally, EEC
realizes that the City's FOG program requires updating and effective implementation in orderto mitigate
FOG discharge from Food Service Establishments (FSE) into the collection system.
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 four (4) Industrial Users (IUs), the methodology that will be followed in performing the
inspections 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 Best Management Practices
(BMP) implementation, 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 or complaints. In
the event that inappropriate actionss 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
Mid - Atlantic Office: 200 Harry S. Truman Parkway. Suite 330 • Annapolis, MD 21401 - Phone (410) 263 -2234 - Fax (410) 266 -8660
Northern Califomia Office: 2100 Embarcadero, Suite 104 •Oakland, CA 94606 • Phone (510) 225 -9262 • Fax (510) 867 -2053
Agreement No. 4700
Mr. Lifan Xu June 30, 2014
the facility to conduct a follow -up inspection to ensure that the facility is in compliance. For all
inspections conducted, EEC will prepare draft inspection reports for the City's signature and issuance.
EEC will also inspect all non -FSEs facilities. EEC will follow similar inspections procedures as the ones
followed for the four (4) permitted IUs, 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 permitted [Us, EEC will coordinate annual sampling events 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. For all results analyzed, EEC will also
provide a tracking Excel spreadsheet to the City summarizing the results with graphs to illustrate trends
in the measured parameters.
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 propose the best strategy for future
surveillance monitoring.
Task 3 Annual Permit Preparation
For each IU requiring permitting, EEC will draft annual permits for review by the City. EEC will address
comments and edits and will prepare final permits for signature and issuance by the City. In order to
ensure consistency and structure in permit renewal and issuance, EEC will prepare permit templates for
the development of new permits or for the renewal /amendment of existing ones. Activities associated
with permitting include the collection of general Information on the permittee, and verification of the
operations conducted at the facility (typically conducted during facility inspections).
Permit Basis Documents (PBDs) for new IUs will be developed and existing PBDs will be reviewed and
revised, if necessary. The PBD is considered the foundation for every 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 not be as extensive as for permitted industrial users but will follow the same level of scrutiny
and verification.
Task 4 Reporting
EEC will assist the City in the preparation of all required reports including spill reporting, annual and
semiannual 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 16th and August 20h yearly due dates to Los Angeles County, for the annual and
Proposal for Pretreatment Program Development 2 EEC
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Mr. Lifan Xu June 30, 2014
semi - annual reports, 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 comments are addressed.
Aside from the regulatory reporting, EEC believes that project status reporting is an essential practice for
the communication of project activities and an effective technique for controlling a project. Through a
monthly status report, EEC will communicate project status to the City. The status report will include a
consistent, concise, and informative summary of project status on a monthly basis.
Task 5 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 to identify new facilities. Examples of tools includes business licenses, 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 showing deletions and additions keyed to a previously submitted list.
Task 6 Enforcement and Public Participation
EEC will review IU self- monitoring reports and will assist the City with routine enforcement actions
including verbal and /or written warnings and civil and /or criminal enforcement actions.
EEC will assist the City in initiating various enforcement actions and will track 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 IU, in
accordance with the Enforcement Response Plan (ERP).
Task 7 FOG Related Ordinance Review
EEC will review the current Ordinance as it pertains to the FOG Control Program. Based on its review,
EEC will provide recommendations for possible language changes to provide the City with the necessary
legal authority to implement any elements of the FOG Control Program including requirements for
approved grease interceptors, and enforcement for instances of non - compliances identified during FOG
inspections.
Task 8 FOG Control Program Manual Development
EEC will develop a written FOG Control Program Policies and Procedures manual, with input from the
City collection system and FOG program staff. The manual will include the details of how the City will
implement each element of the program including:
FSE categorization
o Based on FOG discharge risk factors including enhanced maintenance locations, type of FSE,
and the presence of grease control devices, the FOG Control Program Manual will include
procedures for identifying new FSEs and determining the FSEs risk for discharging FOG to the
sewer system.
Proposal for Pretreatment Program Development 3 EEC
Mr. Lifan Xu
Agreement No. 4700
June 30, 2014
• FSE inspection prioritization
o Based on the categorization of the FSEs, the manual will identify the inspection frequency
and prioritization of each FSE, and will identify the procedures for adjusting the frequency of
inspection of an FSE based on compliance issues and sewer system findings.
• FSE inspection methods and forms
o Based on the information gathered on the FSEs, the manual will reference the available
forms and provide them as attachments.
• Grease control device approval processes
o The FOG Control Program Manual will include the installation requirements and approval
process for grease interceptors including hydro - mechanical grease interceptors and
automatic removal devices.
• Enforcement Response Plan for non - compliance
o Escalated enforcement procedures specific to FSEs will be included in the manual in addition
to the enforcement response actions in the Pretreatment program ERP that address
noncompliance with all IUs, in general.
• Program data /database management
o The FOG Control Program Manual will include procedures for managing data related to the
FOG Control Program and ongoing inspections and enforcement. If desired, EEC can assist
the City with the development of a database system; however, the scope of work for
database development is not included in this proposal.
Task 9 FOG Program Forms and Educational Material Development
Based on FOG Control Program materials, inspection forms, and educational materials previously
developed by EEC, EEC will work with the City to develop program materials and inspection forms
specific to the FOG Control Program. One example of educational materials that EEC proposes consists
of a binder that includes the required program information and all log sheets that the FSEs may be
required to maintain.
EEC will also assist the City in implementing FOG control initiatives, such as notifications for heavy FOG
discoveries, developing enforcement letter templates for repeated instances of noncompliance, and
developing the proper BMP educational materials for FOG compliance.
Task 10 Establishing On -going FSE Inspection Program
EEC will work with the City to establish, an on -going risk -based inspection frequency for the FSEs within
the City's service area. Inspection frequency and prioritization will be based on the FSEs' potential risk to
discharge FOG to the sanitary sewer system. For each FSE, factors that will be considered in determining
the risk include, at a minimum, proximity to an enhanced maintenance location, presence of a grease
control device, type and quantity of grease production cooking equipment, and any known historic
compliance issues.
Task 11 FSE List and FSE Equipment Inventory Development
EEC will prepare an inventory of all FSEs and of the equipment at each FSE location. The equipment
Proposal for Pretreatment Program Development 4 EEC
Mr. Lifan Xu
Agreement No. 4700
June 30, 2014
inventory will include information on cooking equipment, formation, measuring and documenting
existing grease control devices, and distributing educational materials. This scope of work will not
include physically opening or inspecting the grease control devices. Based on the Los Angeles County
Health Care Agency records, EEC anticipates approximately 200 inventory inspections will be required.
ESTIMATED COST
Assumptions
1. In addition to the SIUs, up to 25 IUs will be inspected.
2. Follow -up inspections of IUs are not included in the scope of this proposal.
3. Cost for sample collection and analyses, by an outside laboratory, is not included in the cost
estimate and would be billed separately.
4. An estimated 200 food service establishments (based on Health Care Agency records) are
subject to the FOG Control Program.
5. In -depth grease interceptor inspections that include verification of proper operation and
maintenance of the devices are not included in the scope of this proposal.
Cost
Task 1 Significant Industrial User and Non -FSE Industrial User Inspections $21,000
Task 2 Permitted Industrial User Sampling
$3,500
Task 3
Annual Permit Preparation
$11,500
Task 4
Reporting
$10,250
Task 5
Industrial Waste Survey /Industrial Inventory
$5,500
Task 6
Enforcement and Public Participation
$10,200
Task 7
FOG Related ERP Review
$2,500
Task 8
FOG Control Program Manual Development
$7,500
Task 9
FOG Program Forms and Education Material Development
$2,500
Task 10 Establishing On -going FSE Inspection Program $1,500
Task 11 FSE List and FSE Equipment Inventory Development $15,000
TOTAL
$90,950
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 $90,950. 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.
Proposal for Pretreatment Program Development 5 EEC
Mr. lifan Xu
Agreement No. 4700
June 30, 2014
Thank you for the opportunity to provide grease interceptor evaluation services to the City of El
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 garthur @eecworld.com.
Sincerely,
Environmental Engineering & Contracting, Inc.
Greg V. Arthur
Senior Project Engineer
Attachments: 1. 2014 Fee Schedule
2. Standard Terms & Conditions
ACCEPTANCE
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 garthur @eecworld.com.
Print Name
Signature
Print Title
Date
Proposal for Pretreatment Program Development 6 EEC
E 11UNZ1112Q1 N 141E E EM11'r^1L
ENGINEERING & CONTRACTING, INC.
501 Parkcenler Drive, Santa Ana, CA 92705
Phone (714) 667 -2300 Fax (714) 667 -2310
2014 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
Staff Engineer /Geologist/Scientist
Sr Staff Engineer /Geologist/Scientist
Project Engineer /Geologist/Scientist - I
Project Engineer /Geologist/Scientist - II
Sr Project Engineer /Geologist/Scientist - I
Sr Project Engineer /Geologist/Scientist - II
Principal Geologist
Principal
Project Assistant
Technician
Drafter
Sr Technician
Compliance Inspector
Analyst GIS/Technology
Sr Analyst GIS/Technology
Specialist GIS/Technology
Sr Specialist GIS/Technology
Supervisor GIS/Technology
Construction Technician
Construction Field Supervisor
Construction Manager
Sr Construction Manager
Technical Editor
Hourly Rate
$115
$125
$150
$160
$180
$200
$225
$225
$90
$90
$110
$105
$105
$95
$105
$115
$125
$145
$75
$95
$100
$125
$95
Emergency response and client requested work during
non - standard business hours will be charged at a rate
of 1.25 times the standard hourly rate.
Agreement No. 4700
Travel
Vehicles used on project assignments will be
charged at $50 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 $50 per day. Airfare, lodging, rental cars and
associated expenses are billed at cost plus mark up.
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 Project Charges
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.
Shipping and Postage
Shipping charges include couriers and the postage
necessary will be charged at cost plus markup.
Interest Charges
Interest on late payments will be charged at the rate
of 1.5% per month.
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. Payment Terms
All time spent preparing for such trials, hearings, and Net 30 days apply to all work performed and
depositions, will be charged at the standard hourly rate. invoiced unless superseded by a specific executed
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.
Soil + Gtoundmier 4 Air + westewalet + SWmwater + GIS + Engineering + Reme"rion + Consauction