Contract - Environmental Engineering & Contracting - 2007-07-09 AGREEMENT FOR CONSULTANT SERVICES
CALIFORNIA STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS
(GWDR) FATS, OILS AND GREASE (FOG) CONTROL PROGRAM PHASE IV—
COSTA MESA SANITARY DISTRICT PROJECT No. 180
THIS AGREEMENT is made and effective as of , 2007
between the Costa Mesa Sanitary District, a sanitary str t ("District") and
Environmental Engineering and Contracting, Inc., (a California corporation)
("Consultant"). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
RECITALS
Whereas, the California State Water Resources Control Board has adopted
a Statewide General Waste Discharge Requirements in Order No 2006-0003,
hereinafter referred to as 'GWDR' which requires A proactive approach that
requires Enrollees to ensure a system-wide operation, maintenance, and
management plan is in place will reduce the number and frequency of SSOs
(Sanitary Sewer Overflows) within the state. This approach will in turn decrease
the risk to human health and the environment caused by SSOs. and
Whereas, the proactive approach includes enrollees adopt a fats, oil and
grease (hereinafter referred to as 'FOG") control program, and
Whereas, Consultant has been involved in developing Grease Control
Programs to combat the effects of FOG in sewer systems and has worked closely
with the OCSD and the WDR committee in developing a FOG Control Program;
and
Whereas, Consultant represents that it is fully qualified to provide the
services required by this contract and possesses the following licenses.
Contractors AHAZ 743267 Consultant also has registered civil engineers as
employees,
NOW THEREFORE, the Parties hereto agree as follows:
1 TERM
This Agreement shall commence on q 2007 and shall remain and
continue in effect until tasks described herei ar ompleted, but in no event later than
June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A
attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in
Exhibit A through June 30, 2008. Contractor agrees to coordinate any
inspections with Orange County Health Care Agency inspections so District
receives the maximum benefit of both contracts and so duplication of effort is
avoided.
3. PERFORMANCE
Consultant shall at all times faithfully competently and to the best of its ability
experience, and talent perform all tasks described herein. Consultant shall employ at a
minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. DISTRICT MANAGEMENT
The District's Manager/District Engineer shall represent District in all matters
pertaining to the administration of this Agreement, review and approval of all products
submitted by Consultant, but not including the authority to enlarge the Tasks to be
Performed or change the compensation due to Consultant. The District Manager shall
be authorized to act on District's behalf and to execute all necessary documents which
enlarge the Tasks to be Performed or change Consultant's compensation, subject to
Section 5 hereof.
5. PAYMENT
(a) The District agrees to pay Consultant monthly in accordance with the
payment rates, terms and schedule of payment as set forth in Exhibit A ,
extended to June 30 2008 and attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the above tasks.
This amount shall not exceed ninety-nine thousand eight hundred nine dollars
($99,809.00) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the District
Manager Consultant shall be compensated for any additional services in the amounts
and in the manner as agreed to by District Manager and Consultant at the time District's
written authorization is given to Consultant for the performance of said services. The
District Manager may approve additional work not to exceed the greater of fifteen-
thousand dollars ($15,000 00) or two percent (2%) of the total contract sum. Any
additional work in excess of this amount shall be approved by the Board of Directors.
(c) Consultant will submit invoices for actual services performed. Invoices shall
be submitted on or about the first business day of each month or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. If the District
disputes any of Consultant's fees it shall give written notice to Consultant within thirty
(30) days of receipt of an invoice of any disputed fees set forth on the invoice.
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6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The District may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at
least thirty (30) days prior written notice. Upon receipt of said notice, the consultant
shall immediately cease all work under this Agreement, unless the notice provides
otherwise. If the District suspends or terminates a portion of this Agreement such
suspension or termination shall not make void or invalidate the remainder of this
Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the District
shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the District. Upon
termination of the Agreement pursuant to this Section, the Consultant will submit an
invoice to the District pursuant to Section 5.
7 DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, District shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant's control, and without fault or negligence of the Consultant, it
shall not be considered a default.
(b) If the District Manager or his/her delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the District shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to the
FOG Program Management and Inspection Services including database and
,geographic information system (GIS) management, FOG control program
assessments and recommendations, permitting inspections, grease removal
equipment (GRE) inspections, best management practices (BMP) inspections,
compliance inspections, closed circuit televising (CCTV), enforcement
management, enforcement inspections, copies of all permits and notices, and
other such information required by District that relate to the performance of services
under this Agreement. Consultant shall maintain adequate records of services provided
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in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. Consultant shall provide free access to the
representatives of District or its designees at reasonable times to such books and
records; shall give District the right to examine and audit said books and records; shall
permit District to make transcripts therefrom as necessary. and shall allow inspection of
all work, data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be maintained for a period of three
(3) years after receipt of final payment.
(b) Upon completion, termination or suspension of this Agreement all FOG
Program Management and Inspection Services records, final reports and other
documents prepared in the course of providing the services to be performed pursuant to
this Agreement shall become the sole property of the District and may be used, reused
or otherwise disposed of by the District without the permission of the Consultant. With
respect to computer files, Consultant shall make available to the District, at the
Consultant's office and upon reasonable written request by the District, the necessary
computer software and hardware for purposes of accessing, compiling, transferring and
printing computer files.
9. INDEMNIFICATION
(a) Indemnification for Professional Liability When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted
bylaw Consultant shall indemnify protect, defend and hold harmless District and any
and all of its officials, employees and agents ("Indemnified Parties") from and against
any and all losses, liabilities, damages, costs and expenses, including attorney's fees
and costs to the extent same are caused in whole or in part by any negligent or wrongful
act, error or omission of Consultant, its officers, agents, employees or subconsultants
(or any entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
(b) Indemnification for Other Than Professional Liability Other than in the
performance of professional services and to the full extent permitted by law Consultant
shall indemnify defend and hold harmless District, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
loses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense costs and expert witness fees),
where the same arise out of, are a consequence of or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or entity for which Consultant is legally liable, including but not limited to officers,
agents, employees or subconsultants of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subconsultant or any other person or entity involved by for with or
on behalf of Consultant in the performance of this Agreement. In the event Consultant
fails to obtain such indemnity obligations from others as required here, Consultant
agrees to be fully responsible according to the terms of this section. Failure of District to
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monitor compliance with these requirements imposes no additional obligations on
District and will in no way act as a waiver of any rights hereunder This obligation to
indemnify and defend District as set forth here is binding on the successors, assigns or
heirs of Consultant and shall survive the termination of this Agreement or this section.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B (Certificate of
Insurance) attached to and part of this Agreement and shall name District as an
additional insured on the general commercial liability policy and District shall be
provided with an endorsement evidencing such coverage.
11 INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the District a wholly
independent Consultant. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither District nor any of its officers, employees, or agents shall have control
over the conduct of Consultant or any of Consultant's officers, employees, or agents,
except as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the District. Consultant shall not incur or have the power to
incur any debt, obligation, or liability whatever against District, or bind District in any
manner
(b) No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, District shall not pay salaries, wages, or other compensation to
Consultant for performing services hereunder for District. District shall not be liable for
compensation or indemnification to Consultant for injury or sickness arising out of
performing services hereunder
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. The District, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the Costa Mesa Sanitary District in
connection with the award, terms or implementation of this Agreement, including any
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method of coercion, confidential financial arrangement or financial inducement. No
officer or employee of the Costa Mesa Sanitary District will receive compensation,
directly or indirectly from Consultant, or from any officer employee or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted
as a result of this Agreement. Violation of this Section shall be a material breach of this
Agreement entitling the District to any and all remedies at law or in equity
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member officer or employee of District, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Project
during his/her tenure or for one year thereafter shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceed thereof, for work to be performed in
connection with the Project performed under this Agreement.
15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without District's
prior written authorization. Consultant, its officers, employees, agents or subconsultants,
shall not without written authorization from the District Manager or unless requested by
the District Counsel, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
District. Response to a subpoena or court order shall not be considered 'voluntary'
provided Consultant gives District notice of such court order or subpoena.
(b) Consultant shall promptly notify District should Consultant, its officers,
employees, agents or subconsultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, requests for
admissions, or other discovery request, court order or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the District. District retains the right, but has no
obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with District and to provide the
opportunity to review any response to discovery requests provided by Consultant.
However District's right to review any such response does not imply or mean the right
by District to control, direct, or rewrite said response.
16. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
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To District: Costa Mesa Sanitary District
628 West 19th St
Costa Mesa, CA 92627
Attn: District Clerk
To Consultant: Environmental Engineering and Contracting, Inc.
501 Parkcenter Drive
Santa Ana, CA 92705
Attn: John Shaffer
17 ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder without prior written consent of the District.
Because of the personal nature of the services to be rendered pursuant to this
Agreement, only Consultant shall perform the services described in this Agreement.
John Shaffer may use assistants, under his direct supervision, to perform some
of the services under this Agreement. Consultant shall provide District fourteen (14)
day's notice prior to the departure of John Shaffer from Consultant's employ Should he
leave Consultant's employ the District shall have the option to immediately terminate
this Agreement, within three (3) days of the close of said notice period. Upon
termination of this agreement, Consultant's sole compensation shall be payment for
actual services performed up to and including, the date of termination or as may be
otherwise agreed to in writing between the Board of Directors and the Consultant.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
19. GOVERNING LAW
The District and Consultant understand and agree that the laws of the State of
California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior or federal district
court with jurisdiction over the Costa Mesa Sanitary District.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
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entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
21 WORK SCHEDULED/TIME OF COMPLETION
Consultant agrees to begin work immediately upon signature of this Agreement
by both District and Consultant and to diligently pursue completion of the scope of work
as described in Exhibit A in order to complete the entire scope of work within 12
months.
22. CONTENTS OF PROPOSAL
Consultant is bound by the contents of Consultant's Proposal, Exhibit A
hereto and incorporated herein by this reference. In the event of conflict, this Agreement
shall take precedence over those contained in the Consultant's Proposal.
23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder
24. INTERPRETATION
In the event of conflict or inconsistency between this Agreement and any other
document, including any proposal or Exhibit hereto, this Agreement shall control unless
a contrary intent is clearly stated.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed the day and year first above written.
COSTA MESA SANITARY DISTRICT CONSULTANT
Art Perry President ' Jo Shaffer President
Robert Ooten, Secretary Mar -eko, Vice President
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ATTEST
►�' rict Clerk
APPROVED AS TO FORM:
District Counsel
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EXHIBIT A
ENVIRONMENTAL
A-. ENVIRONMENTAL
& CONTRACTING, INC.
501 Parkcenter Drive, Santa Ana, CA 92705
Phone (714) 667-2300 Fax (714) 667-2310
June 12, 2007
Mr. Rob Hamers
Costa Mesa Sanitary District
234 East 17th Street
Suite 205
Costa Mesa, California 92627
Subject: Proposal and Cost Estimate for Waste Discharge Requirements Fats, Oils, and
Grease (FOG) Control Program Phase IV CMSD Project 180
Dear Mr Hamers,
Environmental Engineering & Contracting, Inc. (EEC) is pleased to present this proposal to
provide Waste Discharge Requirements Fats, Oils, and Grease (FOG) Control Program Phase IV
services for the Costa Mesa Sanitary District (District). These services will be performed in
accordance with the District's FOG Control Program Manual and Grease Control Regulations
Ordinance to comply with the State Water Resources Control Board Statewide General Waste
Discharge Requirements for Sanitary Sewer Systems, Order No. 2006-0003 The services
described in this proposal intend to provide key services for an effective FOG control program.
Pursuant to our previous discussions, the FOG Control Program services currently provided to
the District equates to approximately 1.5 Full Time Equivalents (FTE). While the District's
FOG Control Program continues to mature, fewer resources are needed to maintain an effective
program. In order to maintain an effective FOG Control Program for the District and provide the
necessary District presence and outreach to the FOG community a minimum of 1 FTE is
required. The following scope of work includes FOG Program services, equating to
approximately 1 FTE, to be provided from July 1 2007 through June 30, 2008.
SCOPE OF WORK
The scope of work for the proposed FOG control program management and inspection services
will include the following tasks:
1 Program Management
Providing FOG control program management, including database and GIS
management
Providing a FOG control program assessment and recommendations
Providing FOG Source Investigation oversight and support
Providing other support activities
FFC',FOG Proga 2007, Proposal, roc a Mesa Sanitary District h ne 17 2007
2. Inspections
Conducting permitting inspections
Conducting grease removal equipment (GRE) inspections
Conducting kitchen best management practices (BMP) inspections
Conducting combined kitchen BMP and GRE inspections
Conducting compliance inspections
Conducting CCTV source inspections
3 Enforcement
Providing enforcement management
Conducting enforcement inspections
The specific details to these tasks are as follows:
1.0 PROGRAM MANAGEMENT
1 1 FOG CONTROL PROGRAM MANAGEMENT INCLUDING DATABASE AND GIS
MANAGEMENT
EEC will. identify and prioritize food service establishment (FSE) inspections, including
coordination with OCHCA, review and update the results of the FSE inspections into the
associated database and GIS, and will develop database forms and reports, as appropriate,
to summarize the findings of these inspections.
On a monthly basis, EEC will report the activities conducted during the month, identify
findings, and provide recommendations to the FOG Control Program Manager
These services are proposed to be performed monthly for the 12 month service period.
1.2 FOG CONTROL PROGRAM ASSESSMENT AND RECOMMENDATIONS
At the end of the year period, EEC will conduct a FOG control program assessment and
provide recommendations for program enhancement and resource management. This
will include hot spot mitigation, FSE compliance status, and grease-related SSO status.
1.3 CCTV SOURCE INSPECTIONS
EEC will assess hot spots to identify FSEs that are discharging FOG to the sewer
collection system utilizing the District's CCTV staff or subcontractor It is projected that
4 days of CCTV Source Inspections will be conducted during the next 12 months of the
program.
1 4 ADDITIONAL AGENCY SUPPORT ACTIVITIIES
Assist District personnel, as requested, to provide other support activities, such as:
2
• ' .u .,. 11 II . • . LA • • . I• .r •. u • I- 11
Assist in developing FOG Policies (e.g. Grease Trap Usage, Additive Usage);
Assist in preparation for and/or attending Hot Spot and other Sewer System
issue resolution meetings;
SSO investigation support;
Assist in training agency or other agency staff on the District's FOG Program;
• Assist in obtaining FOG Program or sewer related data from other agencies;
and
Assist in preparation and/or attending meetings on FOG or sewer related
issues.
2.0 INSPECTIONS
The details are described below and also in the FSE Inspection Detail attached table.
2.1 PERMITTING INSPECTIONS
EEC will physically inspect and educate FSEs within the District that are new to the FOG
Program. These FSEs include new FSEs and existing FSEs that have a change in
ownership or name change requiring re-permitting. For the sake of this proposal from
July 2007 to June 2008. EEC will plan to perform 25 permitting inspections (quantity
based on an estimation of approximately 7.5% of the total FSEs [-370] in the program).
For those FSE that have been identified in the vicinity of hot spots or identified as FOG
sources, EEC will discuss, with the FSE management, the enforcement options that are
available to the District and the steps that the FSE can take to avoid additional
enforcement.
2.2 GREASE REMOVAL EQUIPMENT (GRE) INSPECTIONS
EEC will physically conduct GRE inspections for FSEs with a grease interceptor or
grease trap and is projecting to perform approximately 74 inspections.
2.3 KITCHEN BEST MANAGEMENT PRACTICE (BMP) INSPECTIONS
EEC will physically conduct kitchen BMP inspections for FSEs without GREs and is
projecting to perform approximately 160 inspections.
2.4 COMBINED KITCHEN BMP AND GRE INSPECTIONS
EEC will physically conduct combined kitchen BMP and GRE inspections for FSEs and
is projecting to perform approximately 150 inspections.
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FTC FOG Program 2007,Propo at Costa Mesa S nitary District June 12 2007
2.5 COMPLIANCE INSPECTIONS
Although it is difficult to estimate the amount of non-compliance at this time, EEC will
plan to perform compliance inspections at 75 FSEs due to non-compliance issues or on-
going hot spot source identification.
This may include the issuance of written warnings or notice of violations (NOVs) to
FSEs that are found to be in non-compliance of the FOG control ordinance or permit.
3.0 ENFORCEMENT
3 1 ENFORCEMENT MANAGEMENT
Based on the results of the CCTV Source Inspections and continued NOVs, EEC will
review provide recommendations, and assist the District staff and FOG Control Program
Manager in the enforcement process. For the sake of this proposal, EEC is assuming that
enforcement management will be required for 4 FSEs.
3.2 ENFORCEMENT INSPECTIONS
Although it is difficult to estimate the amount of enforcement required at this time, EEC
will plan to perform enforcement inspections at 4 FSEs (2 visits per FSE for a total of 8)
during the next 12 months of the program. Due to the serious nature of these inspections,
EEC will attempt to meet with the FSE manager or property owner to discuss the
enforcement and the FSE's plans to achieve compliance.
COST ESTIMATE
Based on the aforementioned scope of work, EEC has identified the projected costs (identified as
either a time-and-material estimate or unit based cost) for each of the tasks as follows:
July 1,2007 through June 30,2008
Description Units Rate Subtotal Total
1 1 Program Management Fixed 12 months $ 3,300 $39,600
1.2 Annual Assessment Fixed 1 $ 3,000 $3,000
1.3 Additional Agency Support T&M 1 $ 3,000 $3,000
1 4 CCTV Source Inspection
Oversight T&M 1 $ 4,000 $4,000
$49,600
4
FFC FOG Program 7007,Propn at Costa Mesa . anitary District June 17, 2007
FSEs
2.1 Permitting Inspections Unit 25 1 $ 121 $3,025
2.2 GRE Inspections Unit 74 1 $ 74 $5,476
2.3 BMP Inspections Unit 160 1 $ 74 $11,840
2.4 BMP/GRE Inspections Unit 150 1 $ 84 $12,600
2.5 Compliance Inspections Unit 75 1 $ 124 $9,300
$42,241
FSEs
3.1 Enforcement Project
Management T&M 4 $ 1 490 $5,960
3.2 Enforcement Inspections T&M 4 2 visits $ 251 $2,008
$7,968
Total $99,809
The total projected cost is $99,809 (not-to-exceed) to complete the aforementioned scope of
work. The payment terms are net 30-days and progress invoices will be submitted on a monthly
basis. These costs do not include CCTV printing or mailing associated costs and the time-and-
materials portion of the work will be based on EEC's 2007 Fee Schedule (attached).
EEC looks forward to this opportunity to assist the Costa Mesa Sanitary District in the
management and operation FOG Control Program and will be available to start immediately
upon issuance of a purchase order
If you have any questions regarding this proposal, please call Jim Kolk or Stan Steinbach at
(714) 667 2300.
Sincerely
vironmental Engineering and Contracting, Inc.
i/
Jim Kolk
Project Engineer I
Attachments: FSE Inspection Detail, July/2007 to June/2008
Environmental Engineering and Contracting, Inc. 2007 Fee Schedule
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FSE Inspection Detail
July/2007 June/2008
Costa Mesa Sanitary District
Current Projected FSE Relationship to
Inspection
Inspection Type FSE QTY QTY Hot Spots GRE Type Frequency Sub-Total
BMP/GRE Inspections _ 21 20 HS Related Interceptor Quarterly 80
BMP/GRE Inspections 11 10 HS Related Trap _ Quarterly 40
BMP/GRE Inspections 14 15 Non-HS Related Trap Semi-Annually 30
Total GRE/BMP Inspections 150
GRE Inspections 4 4 HS Related Shared GRE Quarterly 16
GRE Inspections 4 4 Non-HS Related Shared GRE Semi-Annually 8
GRE Inspections 52 50 Non-HS Related Interceptor Annually 50
Total GRE Inspections 74
BMP Inspections 72 75 HS Related None Annually 75
BMP Inspections 164 170 Non-HS Related None Bi-AnnuaIY 85
BMP Inspections 9 10 HS Related Shared GRE Annually (OCHCA) 0
BMP Inspections 15 15 Non-HS Related Shared GRE Annually (OCHCA) 0
366 Total BMP Inspections 160
One Time for New
FSEs
(Based on an
estimation of
approximately 7.5%
of the total FSEs in
Permitting Inspections 25 NA NA the Program) 25
Total Permitting Inspections 25
Based on an
estimation of
approximately 20%
non-compliance rate
of total inspections
Compliance Inspections 75 NA NA performed 75
Total Compliance Inspections 75
Notes:
I Quantity includes an estimation of additional FSEs to be included to current FSEs in the program
414 ENV.RONIMENTAL
ENGINEERING & CONTRACTING, INC.
501 Parkcenter Drive,Santa Ana. CA 92705
Phone(714)687-2300 Fax(714)667-2310
2007 Fee Schedule
Prior to the commencement of services provided by EEC a Professional Service Agreement, Contract, Purchase
Order,or Commitment Letter must be executed by both parties engaged.
PERSONNEL CHARGES Travel
The charge for all time required for the performance of Field vehicles used on project assignments will be
the Scope of Work, including office, field and travel charged at $50 per day. The mileage charge will be
time, will be billed at the hourly rate according to the billed by the current rate established by the Internal
labor classifications set forth below: Revenue Service plus mark up. Per Diem is billed at
a unit cost of$40 per day. Lodging and Per Diem is
billed at$175 per day
Labor Classification Hourly Rate
Staff Engineer/Geologist/Scientist $85 Field Equipment
Sr Staff Engineer/Geologist/Scientist $95 Field Equipment is billed at standard unit costs. Rate
Project Engineer/Geologist/Scientist I $110 schedules are available upon request.
Project Engineer/Geologist/Scientist II $120
Sr Project Engineer/Geologist/Scientist I $140
Sr Project Engineer/GeologisUScientist II $165 Subcontractors and Reimbursables
Principal Engineer/Geologist $175 The costs of subcontractors, materials, equipment
Sr Process Specialist $175 rental and costs incurred will be charged at cost plus
Principal $195 15%
EH&S Audit Director $150
Project Assistant $65
Technician $75
Drafter $80 Other Project Charges
Sr Technician $85 The cost of additional report reproduction and
Compliance Inspector $85 special project accounting will be billed as
GIS Analyst $85 appropriate. Plotting plans are charged by size,
GIS,Database Specialist $110 black and white or color,and by the number of
Construction Technician $60 copies supplied.
Construction Field Supervisor $70
Construction Manager $80
Sr Construction Manager $110
Shipping and Postage
Emergency response and client requested work during Shipping charges include couriers and the postage
non-standard business hours will be charged at a rate necessary will be charged at cost plus markup.
of 1.25 times the standard hourly rate.
When EEC Staff appear as expert witnesses at court Interest Charges
trials, mediation, arbitration hearings and depositions. Interest on late payments will be charged at the rate
their time will be charged at 2.0 times the standard rate. of 1.5% per month.
All time spent preparing for such trials, hearings, and
depositions,will be charged at the standard hourly rate.
This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year The new schedule will apply to xising
and new assignments
EXHIBIT `B'
ACOR CERTIFICATE OF LIABILITY INSURANCE 04/12/2007
IZ
PR000lmR (949)261-5335 FAX (949)261-1911 ONLY ER FICA EIS NO RIGHTS UPON EOF IN OR
Tutton Insurance Services Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
2913 5. Pullman St ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92705
82827 INSURERS AFFORDING COVERAGE NAIL 0 -
wsmwD Environmental Engineering & Contracting Inc. INSURER& Zurich American Ins Co
501 Parkcenter Drive INSURERBl Peerless Insurance Company DS
Santa Ana, CA 92705 INSURERG Granite State Ins Co
NSIIR13t D: American International Special FG
INSURER E .
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE POLICY NUMBER CE POL 1'/ffgAD/ 1 N LIMITS
GEJERALLIABIUIY GL0598178903 10/31/2006 10/31/2007 EAC+DCCURRENCE $ 2,000,000
AMAGE TO RENTED S 00,000
X COMAERCNL GElJERAL IlABLL1TY n 1
PREMISES IFS eaaeo ea)
CLAMS MADE n OCCUR MEDEXPWH URe PsNRn) S 25,000
A PERSONAL B ADV INJURY 5 2,000x000
GENERAL AGGREGATE $ 2,000,000
GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
i1Poucyn n LOC
AUTOMOBILE LIABRf1Y CBP9589097 04/30/2007 04/30/2008 cOMBREO SINGLE UNIT s
X ANYAUro (Ea=Went) 1,000,000
ALL OWNED AUTOS BODILY AWRY I
(Per pan)
B
SCHEDULE)AUTOS ea
HIRED AUTOS BODILY ) S
— NON-OWIIL21 AUTOS – —
PROPENTY DAMAGE S
(Per oaten)
GARAGE UABLITY AUTO ONLY-EA ACCIDENT S
1 ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGG S
IEXCESSMNBRELLA LIABILITY EACH OCCURRENCE S
-i OCCUR fl AGGREGATE S
RDEDUCTIBLE S_
RETENTION S S
WORKERS COMPENSATION AND WC843919 05/24/2007 05/24/2008 X1170111%1 I v
DIMMERS LIABILITY _EL EACH ACaDENT $ 1,000,000
oOFFR iNEMBER000IA � EL DISEASE-EA EMPLOYEES 1,000,000
MAL PROVISIONS EL DISEAS-POLICY LIMIT S 1,000,000
PT ssional PEC90092B703 10/31/2006 10/31/2007 Each Loss $2,000,000
0 (Liability Claims made Total All Losses 62,000,000
Ir tro date 5/4/98 Deductible. $5,000
JIESCRIPTION OF OPERA I LOCATIONS I VEHICLES/ DNS ADDED B] NT/SPECIAL PROVISIONS
Arita Mesa Sanitary District its ocers officials M agents employee, & volunteers are named as
additional insured per the attached UGL1175ACW
It 10 day notice of cancellation will be sent for non-payment of premium.
*Re-printed a/new WC policy 5/31/07*
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POIICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL
*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOWER NAMED TO THE LEFT.
Costa Mesa Sanitary District BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILRY
234 East 17th St , Suite 205 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Costa Mesa, CA 92627 AUTHORISED REPRESENTATIVE }r� ��
Stanley_TUtton/ADRIAN 7��7
ACORD 25(2001108) ®ACORD CORPORATION 1088
0
Additional Insured —Automatic - Owners, Lessees Or ZURICH
Contractors - Broad Form
Policy No. Eff Date of PoL Exp. Date of PoL Eft Date of End. Producer Add'l.Prem Return Pram
GL0598178903 10/31/2006 10/31/2007 10/31/2006 To tttnn Inc $ hi A $ N/A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the
Commercial General Liability Coverage Part
A. WHO IS AN INSURED(Section U)is amended to include as an insured any person or organization whom you are required
to add as an additional insured on this policy under a written contract or written agreement
B. The insurance provided to additional irrsureds applies only to"bodily injury "property damage or"personal and advertis-
ing injury covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY.but only if:
I. The"bodily injury or "property damage results from your negligence:and
2. The -bodily injury property damage' or"personal and advertising injury" results directly from:
a. Your ongoing operations:or
b. 'Your work`completed as included in the"products-completed operations hazard"
performed for the additional insured,which is the subject of the written contract or written agreement.
C. However,regardless of the provisions of paragraphs A.and B.above:
1. We will not evtend any insurance coverage to any additional insured person or orgy ivation:
a. That is not provided to you in this policy or
b. That is any broader coverage than you are requited to provide to the additional insured person or organization in the
written contract or written agreement:and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of
a. The Limits of Insurance provided to you in this policy or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
1. 'Bodily injury "property damage or"personal and advertising injury" that results solely from negligence of the addi-
tional insured:ur
2. 'Bodily injury 'property damage"or "personal and advertising injury' arising out of the rendering or failure to
render any professional architectural,engineering or surveying services including:
a. The preparing,approving,or failing to prepare or approve maps.shop drawings.opinions.reports.surveys.field
orders,change orders or drawings and specifications:and
O-OL-1173-A C W(9'o3)
Page 1 ot'2
Includes copyrighted material of Insurance Services Office,Inc with its permission.
b. Supervisory inspection.architectural or engineering activities.
E. The additional insured must see to it that:
1. We are notified as soon as practicable of an-occurrence"or offense that may result in a claim:
2. We receive written notice of a claim or"suit' as soon as practicable;and
3. A request for defense and indemnity of the claim or `suit"will promptly be brought against any policy issued by an-
other insurer under which the additional insured also has rights as an insured or additional insured.
F The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than you for the same operations and job location Then we will share with that other insurance by the method de-
scribed in paragraph-Lc.of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
tea
U-GU1175-ACW(9•03)
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