CONTRACT 5131 Professional Services Agreement CLOSEDAgreement No. 5131
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
EEC ENVIRONMENTAL
This AGREEMENT is entered into this 16th day of March, 2016, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and EEC
EnvironnjgntaI 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 Twent - Four Thousand Nine IjUndred 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.
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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 cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
Agreement No. 5131
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
finds 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 $50 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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Agreement No. 5131
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 Dula 1. ZO 16 to " dl 310, D1L 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:
i.. 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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Agreement No. 5131
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. CONSULTANT agrees to the following:
i. 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.
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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
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Limits
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
Agreement No. 5131
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 Environmental
One City Boulevard West, Suite 1800
Orange, CA 92868
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.
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Agreement No. 5131
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. 5131
WHEREOF IN WITNESS the parties hereto have executed this contract the day and year
first hereinabove written.
EEC nwironmental
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Taxpayer ID No. 33- 0665828
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Cit clel
APPIIOVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By: w f Py :........... ..............................
Karl H. Berger,
Assistant City At 111ey
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Agreement No. 5131
• 4
Mr. Lifan Xu
EXHIBIT A
Principal Civil Engineer
City of El Segundo — Public Works
350 Main St.
El Segundo, California 90245
Subject: Proposal for Continued Pretreatment Program Development and Program Management
for the City of El 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 El Segundo (City).
This scope of work in this proposal is based on information from the current progress of the City's
program development, the recent Pretreatment Program Audit conducted by Tetra Tech, 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 2015/2016 scope of work that EEC is currently assisting the City with,
and the new scope identified during the Pretreatment Program development process. 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 conducting
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• 4
Mr. Lifan Xu
EXHIBIT A
Principal Civil Engineer
City of El Segundo — Public Works
350 Main St.
El Segundo, California 90245
Subject: Proposal for Continued Pretreatment Program Development and Program Management
for the City of El 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 El Segundo (City).
This scope of work in this proposal is based on information from the current progress of the City's
program development, the recent Pretreatment Program Audit conducted by Tetra Tech, 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 2015/2016 scope of work that EEC is currently assisting the City with,
and the new scope identified during the Pretreatment Program development process. 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 conducting
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Agreement No. 5131
Mr. Lifan Xu February 22, 2016
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 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 and August yearly due dates to Los Angeles County, for the annual and 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 City's comments are received and addressed by EEC.
Proposal for Continued Pretreatment Program Development 2 EEC
Agreement No. 5131
Mr. Lifan Xu February 22, 2016
Task 5 Pretreatment Program Audit Preparation
Tetra Tech, 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 Tetra Tech, it is EEC's understanding that
in 2016 the City of El Segundo will be subjected to the in -depth audit. To prepare for this audit, EEC staff
reviews the previous in -depth audits conducted by Tetra Tech, 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 Tetra Tech.
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.
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
El 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 Tetra Tech during the recent
Pretreatment Program Audit. EEC will provide a draft of the ordinance for City review and comment with
sufficient time for adoption by July 1st of 2016.
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.
Estimated completion date for the ERP will be July 1 :t of 2016.
Proposal for Continued Pretreatment Program Development 3 EEC
Agreement No. 5131
Mr. Lifan Xu February 22, 2016
Task 10 Standard Operating Procedures (SOP) Development
EEC will develop Standard Operating Procedures (SOPS) documenting activities pertaining the
development and implementation of the City's Pretreatment Program. Examples of SOPS include
performing Industrial Waste Surveys, conducting inspections, or implementing /changing program
requirements. EEC estimates that 2 tot al SOPS will be required to be developed during this contract
period.
ESTIMATED COST
Assumptions
1. In addition to the SIU, up to 25 Us will be inspected.
2. Follow -up inspections of IUs are not included in the scope of this proposal.
3. EEC will develop a total of 2 SOPS.
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 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 jjenkins @eecenvironmental.com.
Sincerely,
EEC Environmental
AA,
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Joseph Jenkins
Senior Staff, Regulatory Specialist
Attachments: 1. 2016 Fee Schedule
2. Standard Terms & Conditions
Proposal for Continued Pretreatment Program Development 4 EEC
Agreement No. 5131
Mr. Lifan Xu February 22, 2016
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 jjenkins @eecenvironmental.com.
Print Name
Signature
Print Title
Date
Proposal for Continued Pretreatment Program Development 5 EEC
ENVIRO NM ENTAL
2016 Fee Schedule
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
Staff Engineer /Geologist/Scientist
$115
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Project Engineer /GeologisVScientist -1
$150
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$160
Sr Project Engineer /Geologist/Scientist -1
$180
Sr Project Engineer /Geologist/Scientist - II
$200
Principal Geologist
$225
Principal
$225
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$90
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Drafter
$110
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ENVIRO NM ENTAL
2016 Fee Schedule
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
Staff Engineer /Geologist/Scientist
$115
Sr Staff Engineer /Geologist/Scientist
$125
Project Engineer /GeologisVScientist -1
$150
Project Engineer /GeologisYScientist - II
$160
Sr Project Engineer /Geologist/Scientist -1
$180
Sr Project Engineer /Geologist/Scientist - II
$200
Principal Geologist
$225
Principal
$225
Project Assistant
$90
Technician
$90
Drafter
$110
Sr Technician
$105
Compliance Inspector
$105
Analyst GISITechnology
$95
Sr Analyst GISlTechnology
$105
Specialist GIS/Technology
$115
Sr Specialist GISITechnology
$125
Supervisor GISITechnology
$145
Director /GIS Technology
$160
Construction Technician
$75
Construction Field Supervisor
$95
Construction Manager
$100
Sr Construction Manager
$125
Technical Editor
$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. 5131
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.
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Field Equipment is billed at standard unit costs.
Rate schedules are available upon request.
The costs of subcontractors, materials, equipment
rental and costs incurred will be charged at cost
plus 15 %.
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.
S Sin o and Pos a
Shipping charges include couriers and the postage
necessary will be charged at cost plus markup,
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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,
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their time will be charged at 2.0 times the standard
Net 30 days apply to all work performed and
rate. All time spent preparing for such trials, hearings,
invoiced unless superseded by a specific executed
and depositions, will be charged at the standard hourly
contract.
rate.
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. 5131
ENVIRONMENTAL ENGINEERING & CONTRACTING, INC.
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.
3, 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 whatsover, which they may sustain, incur, or be
Agreement No. 5131
EEC Terms and Conditions
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
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.
9. 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 $2,000,000 per
occurrence, $2,000,000 annual aggregate; (d) automobile liability of $1,000,000 combined single
limit; and (e) professional errors and omissions of at least $1,000,000 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 "attorneys fees" shall include the fees and expenses
of counsel to the parties hereto, which may include printing, photostating, duplication and other
expenses, air freight charges and fees billed for law clerks, paralegals and other persons no
admitted to the bar but performing services under the supervision of an attorney.
2