CONTRACT 5649 Professional Services Agreement CLOSED Agreement No. 5649
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
EEC ENVIRONMENTAL
This AGREEMENT is made and entered into this 17th day of January, 2019, 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 Forty thousand, three hundred dollars ($40,300.00) 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
cure any shortcomings to CITY's satisfaction. Costs associated with curing the
deficiencies will be borne by CONSULTANT.
Page 1 of 10
Agreement No. 5649
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:
i. 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. 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 January 17, 2019, to January 31,
2020. 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 15.
Page 2 of 10
Agreement No. 5649
8. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. 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 Budget
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
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
Page 3 of 10
Agreement No. 5649
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
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.
Page 4 of 10
Agreement No. 5649
18.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.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 22, 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.
Page 5 of 10
Agreement No. 5649
19.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.
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:
Tvoe of Insurance Limits
Commercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
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
Page 6 of 10
Agreement No. 5649
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
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.
Page 7 of 10
Agreement No. 5649
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: If to CITY:
EEC Environmental City of EI Segundo
One City Boulevard West, Suite 1800 350 Main Street
Orange, CA 92868 EI Segundo, CA
Attention: Joseph Jenkins Attention: Cheryl Ebert
Phone: 714-667-2300 Phone: 310-524-2321
Email: jjenkins@eecenvironmental.com Email: cebert@elsegundo.org
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.
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
Page 8 of 10
Agreement No. 5649
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.
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]
Page 9 of 10
Agreement No. 5649
IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CIT FIEOlJNDO EEC Environm ntal
Or arpepfter, Name:
Ci Manager Title: ,'
ATT ST:
Traci Weaver,
City Clerk
APPROVED AS TO FORM:
Mar D. Hensley,
City Attorney
Page 10 of 10
Agreement No. 5649
Corporate Offk
TSI !714) 667 2.3010
C-E E C Fax "14) 66723W
Ono C:I[y If$nnwVaw and"'k"W'II Shift! V 600 F 1 ►/ ' J�
01I Cnldorniva q'111R 8
E N V I R O N M E N TA L r,, J Jtk:.G;nvira nn,.o'rGauP con)
November 27, 2018
Mr. Lifan Xu
Principal Civil Engineer
City of EI Segundo
350 Main Street
EI Segundo, California 90245
Subject: Proposal for FOG Control Program Inspection Services
Dear Mr. Xu:
EEC Environmental (EEC) is pleased to submit this proposal to provide the City of EI Segundo (City) with
development and implementation services in support of the City's fats, oils, and grease (FOG) control
program. Based on our firm's extensive experience providing FOG control program support services
throughout the state, EEC is uniquely qualified to assist the City with the key tasks associated with
implementation of the FOG Control Program.
Based on our recent meetings, it is our understanding that the City wishes to implement a FOG
inspection effort in 2018 to provide FOG Program outreach and education with a focus on compliance
with the FOG Program requirements. EEC also understands that the City needs to have the inspections
of the FSEs completed by June 30th of 2019.
EEC is poised and prepared to provide the expert program development and implementation services to
ensure an effective and efficient FOG Control Program for the City of EI Segundo.
SCOPE OF WORK
Task 1 Project Oversight and Coordination
If needed, EEC will attend a kick-off meeting with City Staff to discuss the overall goals of the project and
plan key project activities, prioritize FSE inspections and delineate key project deliverables. If a kick-off
meeting is determined to not be necessary, EEC will coordinate a conference call to briefly discuss
deliverables and areas of focus for the project.
EEC will utilize internal database tracking software and geographic information systems (GIS) to
coordinate, manage and track FSE inspection tasks. EEC will provide monthly reports of the status of
inspections completed and elevated enforcement issues. All collected data from the FSE inspections will
be entered into a centralized database. Completed inspection forms and data collected from the FSEs
will be provided to the City at the end of the inspection project.
I1,11d flk''41111,' !„Ihi:11, I11 11' 1'4 X4 `J';..$ ^� ��:III:,, (,�IIo, "r'4 ^u�ii410 oO�11:11vy Y"'I "I"Yu 11I'111111 I'""Imk" aV,1;11111D, :10 Y,'�1 I'1111;i1 ulll',',NY 11
P!h'.vi,hm,111 I" wdur'111 XIII F u ur' 11":u 1,1 0)4:V° 1:I 010 11 1,11 a r:Iku I ' 111 pv,,tuq;,
Agreement No. 5649
Mr.uunxu ��
EC
��
ENVIRONMENTAL
Task 3 FOG Control Program FSE Inspections
A variety of facility inspection types will be conducted under this task to address routine inspection of
existing FSEs and follow-up inspections of FSEs with identified non-compliance issues. These inspection
types are further described )nthe sections below.
Task 2.2 Routine FSE Inspections
Routine FOG inspections will be conducted for each FSE that was identified in the City's service area.
During routine inspections, each grease control device will be evaluated to determine the maintenance
condition and assess compliance with the 25% rule. Common inspection tools, including the DipStick Pro
device, will be utilized to measure floating FOG and settled solids in each devices. Recent pumping
records will also be requested during these inspections. Kitchen best management practices (8K8Ps)wi||
also be conducted at each FSE to ensure the required employee training is being conducted and other
key kitchen practices have been implemented.
Additionally, the inspector will identify potential storm water program compliance issues such as
washing mats outside, improper trash or yellow grease disposal,and general parking lot cleanliness.
Task 2.2 Compliance Inspections
EG[ will coordinate with City Staff in managing enforcement follow-up actions required for FSEs with
identified violations of the City's Municipal Code, For the FSEs identified with compliance deficiencies,
EEC inspectors will document and convey the non-compliant issue(s), required corrective actions and
compliance timelines to each FSE. A copy of the inspection form indicating the deficiencies will be
provided to the FSEs at the time of the inspection. Identified deficiencies will be also photographed,
when applicable.
In the event that a deficiency is not corrected prior to the first compliance inspection, EEC will draft an
enforcement letter for the City's review and comments. The draft submittal will include copies of
inspection forms and relevant photos aonecessary.
Assuming approximately 25% ' 30Y6 of the FSEs inspected will require a compliance inspection, 45 of
these inspections are projected.
PROJECT ASSUMPTIONS
1. Routine FSE inspections will be limited to a total of 145 FSEs during the contract period (1 year);
2. Approximately 25% 30Y6 of routine inspections (approx. 45 FSEs) will require a compliance
follow-up inspection during the contract period (1year);
3. Approximately 1096 of compliance inspections (approx. S FSEs) will require elevated
enforcement actions (e.g.,formal enforcement letters) during the contract period (1 year);
4. Minimal modification to current inspection forms and/or outreach and education materials will
be required;
Proposal for FOG Control Program FSE Inspections a November z7'2nz8
City ofs|Segundo,California
Agreement No. 5649
Mr.Lifan Xu CEEC
ENVIRONMENTAL
ESTIMATED COST
Task Unit cost($)
Task-1'— Time Oversight and Coordination Time and Materials $12,300
Task 2—FOG Control Program FSE Inspection Services
2.1—Routine FSE Inspections (145 inspections at$145/Inspection)
Per Unit $28,000
2.2—Compliance Inspections (45 inspections at$155/Inspection)
Total ...- $
40 300
Based on the project man-hours and planned inspections, EEC will provide the services described above
with a not to exceed total of$40,300. 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 FOG Control Program Inspections for 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,iienkimis eecenv'iroiimiental.coni.
Sincerely,
EEC Environmental
Joseph Jenkins
Project Regulatory Specialist
Attachments: 1. EEC 2018 Fee Schedule
Proposal for FOG Control Program FSE Inspections 3 November 27,2018
City of EI Segundo,California
Agreement No. 5649
CEEC
E N ~ " ° ~ 0 N M E N o A u_
2018 Fee Schedule
PERSONNBLCHARGES
Travel
The charge for all time required for the performance of Vehicles used on project assignments will be
the Scope of VVork, including offiue, field and toma| charged at $75 per day, Mileage is billed at the
time, will be billed at the hourly nate according to the current rate established by the Internal Revenue
labor classifications set forth below: Service plus mark up, Per Diem iebilled agaunit
cost of$8O per day, Airfare, lodging, rental nam and
associated expenses are billed otcost plus 15%.
Labor Classification Hourly Rate
Jr. Staff Enginoor/Geo|ogioVScientiut $115
StuffEnginoer/Beo|ogiot/Goiondot $130 Field Eouiomant
SrStaff Engineer/3oolugint/Suientist $145 Field Equipment is billed at standard unit costs. Rate
Pnojou{Engineer/3oo|ugiobScientimt / $170 schedules are available upon request,
Project Engineer/Geologist/Scientist- || $180
SrProject Engineer/Gon|ogieVSoien1imt | $105
SrProject Enginoer/Geo|o0iot/Buiendet || $215 Subcontractors and Reimburaab|es
Principal Geologist $240 The costs of oubcontractus, materials, equipment
Principal $240 rental and costs incurred will becharged atcost plus
Project Assistant $100 15%.
Technician $100
Drafter $125
Sr Technician $125 OtharPmieot Chapoes
Compliance Inspector $120 The cost ofadditional report reproduction and
TeohnidanG|3/Teohnu|ogy $105 special project accounting will babilled on
Ane|yutG|S/Taohno|ogy $115 appropriate. Plotting plans are charged bysize,
3rAnalyst GIS/Technology $125 black and white orcolor, and bythe number of
Specio|iotG|S/Techno|ngy $135 copies supplied.
SrSpecialist G|S/Touhno|ogy $145
SupemiaorG/S/Tmohnn|oAy $160
Qimctor/3|STnohnu|ogy $175 Shimminoand Pomtaqe
Construction Technician $90 Shipping charges include couriers and the postage
Construction Field Supervisor $110 necessary will becharged atcost plus 1596,
Construction Manager $115
SrConstruction Manager $140
Technical Editor $110 |n0anaotChemou
Interest on late payments will be charged at the rate
Emergency response will bocharged a( arate of15 of 1.5%per month.
times the standard hourly rate.
Povmen1Tenno
When EEC Staff appear aoexpert witnesses a8court Net 3Udays apply hoall work performed and
trials, mediation,arbitration hearings and depositions, invoiced unless superseded byaspecific executed
their time will bocharged et2.Dtimes the standard rate, contract.
All time spent preparing for such trials, hearings, and
depositions,will boohorgodotthe standard houdvrate.
This Fee Schedule isadjusted each subsequent year to reflect the economic changefor the new year
The new schedule will apply mexisting and new assignments
Agreement No. 5649
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.
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;
T 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
i
Agreement No. 5649
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 $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.
ii