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Project 180 - Contract - Environmental Engineering - 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 nn This Agreement shall commence on -I 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. 2 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 •eo•ra•hic information s stem GIS mana•ement FOG control •ro•ram assessments and recommendations, permitting inspections, grease removal equipment (GRE) inspections, best management practices (BMP) inspections. compliance inspections, closed circuit televising (CCTV), enforcement mana•ement enforcement ins•ections co•ies of all •ermits 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 3 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 Consultants 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 4 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 5 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: 6 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 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 reP sident ' Jo ,'Shaffer President Robert Ooten, Secretary Mar -eko, Vice President 8 ATTEST 4,� rict Clerk APPROVED AS TO FORM: District Counsel 9 EXHIBIT A ENVIRONA/1ENTAL ENGINEERING & 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 FEC FOG Progam 2007,Proposal Costa Mesa Sanitary Distrirt Time 1 ,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 FFC, FOC',Program 7007 Propnca Costa Me a Sanitary District June 12,2007 • 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. 3 FFC, FOG Program 7007,Prnpn al Costa Mesa , anitary District ins- 2,2007 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 PFr ,, FOG i Program 7007 Proposal, Costa Meg. Sanitary District June 12 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. Jim Kolk Project Engineer I Attachments: FSE Inspection Detail, July/2007 to June/2008 Environmental Engineering and Contracting, Inc. 2007 Fee Schedule 5 FSE Inspection Detail July/2007 June/2008 Costa Mesa Sanitary District Current 'Projected FSE Relationship to Inspection I 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-t-IS 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-Annually 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: 1 Quantity includes an estimation of additional FSEs to be included to current FSEs in the program Lr ENVROKVMEM r L ENGINEERING 6 CONTRACTING, INC. 501 Parkcenler Drive, Santa Ana.CA 92705 Phone(714)667-2300 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/GeologisUScientist $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/Geologist/Scientist 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 subsequ nt year to reiect the economic changes for the new year.The new schedule will apply to existing and new assignments. EXHIBIT 'B' ACORIZ CERTIFICATE OF LIABILITY INSURANCE DATE . mow= (949)261-5335 FAX (949)261-1911 ONLY AND FICA E IS NO RIGHTS UPON THE F INFOC � Tutton Insurance Services Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2913 S. Pullman St ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _ Santa Ana. CA 92705 #2827 INSURERS AFFORDING COVERAGE NAIC# mums) Environmental Engineering & Contracting Inc. POURER Zurich American Ins Co 501 Parkcenter Drive INSURERS: Peerless Insurance Company DS Santa Ana, CA 92705 mimic: Granite State Ins Co . INSURERD: 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LICy . Oit M TYPE OF INSURANCE PODCY NUMBER p t c p POL SRS GENERALLIABIUTY GL0598178903 10/31/2006 10/31/2007 EACH OCCURRENCE $ 2,000,000, DAMAGE TO RENTED $ 100,000 X COMMERCIAL GENERAL LIFBRRY PRFM 4 Fs ctu,en® IMAIMS MADE © OCCUR MED ea,(MY OnsWow°) $ 25,000 A FEMORAL II ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE UMIT APPLIES PER: PRODUCTS-COMPOP AGG $ 2,000,000 i POICYn2� nLOC AUTONOMY_LIABILITY CBP9589097 04/30/2007 04/30/2008 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea=Went) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ p B SCHEMED AUTOS (Per person) HIRED AUTOS I BODILY INJURY ) $ NON-OWNED AUTOS _ PROPERTY PERRY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA`ACC $ AUTO ONLY: AGG S ExcESBAa aRELLA UASILfTY EACH OCCURRENCE $ OCCUR n CLAIMS MADE AGGREGATE $ . $ DEDUCTIBLE _ _ RETENTION $ S WCIiIIEAS COMPENSATOR AND WC843919 05/24/2007 05/24/2008 X iTO u ITLIM sl E°R EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1,000,000 OFyFs EL DISEASE-EA EMPLOYEE $ 1,000,000 sPECIAL PROVISIONS btlav EL DISEASE-POLICY LIMIT $ 1,000,000 Professional PEC900928703 10/31/2006 10/31/2007 Each Loss 52,000,000 retro Total All Losses 52,000,000 ret date Liability dt ate 5/4/98 Claims sack Deductible. 55,000 JESCREPTION..os OF Sanitary District officers BY �enp o, yee, & volunteers are named as �C UGONSA officials agents insured per the attached UGL1175ACW C 10 day notice of cancellation will be sent for non-payment of premium. *Re-printed w/new IC policy 5/31/07* CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EVIRATON DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Costa Mesa Sanitary District BUT FAN IW'TO MAIL SUCH NOTICE SHALL DODGE NO OBLIGATION OR LIABILITY 234 East 17th St , Suite 205 OF ANY IONDUPONTHEI,1 1ER,RS AGENTS OR REPRESENTATIVES. Costa Mesa CA 92627 AUTHORIZED REPRESENTATIVE 4 Stanley Tutton ADRIAN ACORD 25(2001/08) OACORD CORPORATION 1988 Additional Insured — Automatic - Owners, Lessees Or ZURICH Contractors - Broad Form Policy No Eft Date of PoL Exp. Date of PoL Sit Date of End. Producer Addl.Prem Return Prein GL0598178903 10/31/7006 10/31/2007 10/31/2006 Tttttnn Inc $ N 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 insureds applies only to"bodily injury "property damage or"personal and advertis- ing injury coveted under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABIIdTY.but only if: 1. The"bodily injury or 'property damage"results from your negligence:and 2. The"bodily injury- "property damage or'personal and advertising injury" results directly front 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: I. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy:or b. That is any broader coverage than you are required 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 add.i- Uutial insured:or 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-OLt 175-A Cw(9'03) Page I oft 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 A.c.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- ten. U-CL-I175-A CW(903) Page 2 of 2