17-0905_ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES_Professional Services Agreement CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT FOR FATS, OILS, AND GREASE (FOG)AND
FOOD SERVICE ESTABLISHMENT(FSE) NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES) INSPECTION SERVICES
This Agreement is made and entered into as ofc--:vryt-PfrbA/f , 20 19" ("Effective
Date") by and between the City of San Juan Capistrano, a unicipal corporation organized and
operating under the laws of the State of California with its principal place of business at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and Jon Kinley DBA Environmental
Compliance Inspection Services, a SOLE PROPRIETORSHIP with its principal place of
business at 26 Dauphine, Dana Point California 92629 (hereinafter referred to as "Consultant").
City and Consultant are sometimes individually referred to as "Party" and collectively as
"Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Fats, Oils, and Grease (FOG) and Food Service Establishment (FSE) National Pollution
Discharge Elimination System (NPDES) Inspection Services
(hereinafter referred to as"the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit"A."
2. Compensation.
a Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B." The compensation applicable
to the Initial Term and that of any Renewal Term is set forth in Exhibit "B".
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $56,644. This amount is to cover all
printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a
detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder as set forth in the
Request for Proposals for the Project. A Notice to Proceed shall set forth the date of
commencement of work. The initial term of this Agreement is two years from the Effective Date
("Initial Term"). At the sole discretion of the City, the City may extend the contract for up to two
years following the expiration of the Initial Term ("Renewal Term").
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control
of the non-performing party. For purposes of this Agreement, such circumstances include but
are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots
and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every
employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and
he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any
time during the term of this Agreement, at all times during the performance of
the work under this Agreement, the Consultant shall maintain full compensation
insurance for all persons employed directly by him/her to carry out the work
contemplated under this Agreement, all in accordance with the "Workers'
Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage
in amounts indicated herein. Consultant shall require all subconsultants to
obtain and maintain, for the period required by this Agreement, workers'
compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. "Covered Professional Services" as designated in the policy must
specifically include work performed under this Agreement. The policy must "pay on behalf of"
the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $5,000,000 aggregate
' for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Jon Kinley as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:, CONSULTANT:
City of San Juan Capistrano Jon Kinley DBA Environmental Compliance
32400 Paseo Adelanto Inspection Services
San Juan Capistrano, CA 92675 26 Dauphin
Attn: Steve May, Public Works Dana Point, CA 92629
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, 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 a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND JON KINLEY DBA ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
IN WITNESS WHEREOF, The Parties have executed this Agreement as of the date first written
above.
CITY OF SAN JUAN CAPISTRANO JON KILEY DBA ENVIRONMENTAL
COMPLIANCE INSPECTION SERVICES
By: By:
Sie: Its: P dent
frr _City M- ager
ATTEST:
By: OIL I.
qty Clerk
APPROVED AS TO FORM:
BEST BEST&KRIEGER LLP
By: Jam' FSA. If;tom �i''
Signature: ,r/,/
EXHIBIT A
Scope of Services
Ai
ECIS ENVIRONMENTAL COMPLIANCE INSPEG'TIQNSERVICES
Source Control SoW tions
Date: July 18,2017
To: Mr.Joe Mankawich
Associate Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,California 92675
Re:Proposal to Provide Fats,Oils,and Grease Program(F.O.G.)&Food Service Establishment
NPDES Inspections Program services to the City of San Juan Capistrano.
Dear Mr.Mankawich:
Environmental Compliance Inspection Services(ECIS)is pleased to present this proposal to provide
Fats-Oils-Grease(FOG)Program&Food Service Establishment NPDES Inspections Program
Services to the City of San Juan Capistrano(City).
ECIS believes it is very qualified to provide these services given its nearly 17 years of past
performance providing these services for many clients throughout the Orange County area,and
many years of service with the City.ECIS was the original provider of these services many years
ago when City was facing ever changing sewer regulations,and has continued to provide these and
other related services up until the present.
ECIS has reviewed the proposal and scope of work.ECIS is confident we are uniquely suited to
continue to offer the services requested in the proposal.
Thank you for the opportunity,please contact me anytime with any questions or comments.
Respectfully,
Jon C Finley
President
ECIS
1
•
ECIS ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
Source Control Solutions
Table of Contents
A. COVER LETTER .................................................................................3
1.0 Company4
1.1 Services Provided 4
B. STATEMENT OF QUALIFICATIONS/REFERENCES....................................4
1.0 Project Administration I Management............ 4
2.0 Firm&Personnel Experience............................................, 5
3.0 References. ........................................ 6
r
C. SCOPE_•.•..••••••4••.••••"ik,"too•a.••*•••••••Se.•••av••••••ibv•••••10..•0.•.•/11.0•••••••.*1••••fo 11.4••••48
1.0 Grease Control Device Inspections(GCDI) 8
2.0 FSE-NPDES Inspections__.................._._ 9 .
D. SCHEDULE.......................................................................................12
Appendix A Insurance Certificate
Appendix B Gravity Grease Interceptor Standard Drawing
Appendix C Current City of San Juan Capistrano Business License
2
OA
11111,
ECIS .ENVIRONMENTAL COMPL ANc„EINSPECTIONSERVICES
Soares Control Solutions
A. COVER LETtR
To: Mr.Joe Mankawich,Associate Engineer.
Environmental Compliance Inspection Services(ECIS)is located at 26 Dauphin,Dana Point,CA
92629. (949)481-8826.ECIS is a Sole Proprietorship and Jon Kinley is the sole principal.
Jon Kinley,President of ECIS will be your contact person and can be best reached at(949)279-
6578.
I certify that this Proposal shall remain valid for a period of 90 calendar days from the date of
submittal. i
ECIS had not identified any exceptions or modifications to the Professional Services Agreement.
I also declare that I personally will be committed to performing any and all tasks as stated
throughout the duration of the contract,and that this proposal was submitted in good faith without
collusion,and that I have the authority as President of ECIS to bind myself to the proposal and all
requirements.
_, ,,. G- '?11-17
Jon Kinley-Presi t Date
3
ECIS EIWIRONMEIVTAL COMPLIANCE INSPECTION SERVICES
Source Control\Sotutions
1.0 COMPANY:
Environmental Compliance Inspection Services(ECIS)is pleased to present this proposal to the City
of San Juan Capistrano with the goal of continuing to provide a comprehensive Fats-Oils-Grease
(FOG)Program and FSE-NPDES Inspections Program.ECIS was the initial design and
implementation contractor as City developed its FOG Ordinance beginning in 2002.It has been a
pleasure to work with City for many years since that time.We believe our past working relationship
with City,along with our excellent working knowledge of the sewer system and relationship with
City staff,coupled with our long standing relationship with the restauraqt community it serves will
continue to be an asset to the City.ECIS has continued to remain flexible to City needs over the
years as we implemented changes in response to the ever changing State Wastewater Discharge
Requirements and the Sewer System Management Plan.
A 1.1 SERVICES PROVIDED:
ECIS services include,but are not limited to,providing a comprehensive FOG Program with
services including FOG Plan Review,Grease Control Device Inspections,Grease Best Management
Practices Inspections,Food Service Establishment(FSE)NPDES Inspections,New Grease Control
Device Installation Inspections,FSE-FOG Classification inspections,onsite pre-construction
meetings,public outreach and education and enforcement,and support for the overall FOG/NPDES
Program.
B - STATEMENT OF OUALIFICATIONSIREFERENCES:
1.0 Project Administration/Management
ECIS currently manages FOG&NPDES Inspections Programs for many Orange County cities and
water/sewer districts.Having also been the initial FOG Program designer and implementer of their
FOG Ordinances,ECIS is able to draw from other agencies/cities experience and bring innovative
ideas and concepts to the on-going implementation of the City FOG Program as well.
ECIS will provide the following services as required:
4
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LCIS ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
Sours Control Solutions
1. FOG/NPDES Program Management including collection,organization and management of
Data.
2. Report and inspection results summarization.
3. Database management and project coordination with City staff.
4. Manage inspection schedules for GCDI and NPDES inspections.
5. Monitoring and enforcement of GCDI/NPDES inspections.
6. Issuance and follow up of Notices of Non Compliance.
7. Conduct meetings with City staff as needed in field/provide field support.
8. Provide monthly reports and updates to City FOG/NPDES Program Manager.
9. Provide consultation and expertise to City FOG/NPDES Program Manager.
10. Provide as needed consultation to City Board at meetings.
11. Maintain GCDI/NPDES database inventories and information.
12. Meet with Contractor(s)if needed to assist with ordinance requirements.
14. Provide materials to FSE's as needed in coordination with GCDUNPDES inspections.
2.0. Firm&Personnel Experience
Jon Kinley
Project Manager
Jon Kinley is the Founder and President of ECIS. Mr.Kinley has more than 20 years'experience
managing FOG/NPDES Programs.
Mr. Kinley oversees all ECIS programs for its clients and is involved in all aspects of their
management and operation.He provided recognized leadership and technical as well as field
inspection experience during a national FOG research study for the Orange County Sanitation
District and County of Orange and has previously administered the OCSD FOG Program.He is a
member of the California Wastewater Environment Association(CWEA)and has held a Grade 1
Environmental Compliance Inspector certification with CWEA since 1998.
Current and past ECIS clients include,The City of Solana Beach,The City of Carlsbad,The City of
Oceanside,The City of San Clemente,The City of San Juan Capistrano,South Coast Water District,
The City of Dana Point,The City of Laguna Niguel,Moulton Niguel Water District,the City of
Laguna Beach,The City of Newport Beach,The City of Buena Park,The City of La Palma,The
City of Seal Beach,Midway City Sanitary District,The City of Cypress,Rossmoor-Los Alamitos
Area Sewer District,The City of Hermosa Beach,The City of Manhattan Beach.
Experience:
Project Manager,FOG/NPDES Program Consulting,Inspections,and Program Management,
Southern CA
5
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ECIS ENVIRONMENTAL COAIPLIANCEINSPECTION SERVICES
Source Control Solutions
1. Has provided FOG/NPDES Program consultation and management for several
municipalities and sewer districts throughout Orange County.Program design and implementation, ,
FOG Ordinance development,permit and fee development,establishing grease control device sizing
and installation criteria,inspection and enforcement procedures,database management,design and
development of program manuals and FOG specific information for restaurants.
2. Managed and oversaw thousands of FSE inspections in support of FOG/NPDES
Ordinances and programs.
3. Managed issuance and follow-up of thousands of non-compliance and enforcement
measures including tracking of all compliance verification activities.
4. Conducted hundreds of new grease control device Plan Reviews and onsite installation
inspections.
5. Coordination of private/special sewer district FOG Program implementation with
cities/agencies including detailed negotiations with city staff regarding FOG Plan Review and device
installation and inspection.
6. Provided FOG/NPDES Program support and technical program expertise for city
council or sewer/water district staff/board meetings.
7. Routinely meets with sewer agency staff in field to provide technical expertise in the
event of an SSO(Sanitary Sewer Overflow)or other need.
Mr.Kinley will continue to serve as the FOG/NPDES Program Project Manager for both
the GCDI&FSE NPDES tasks.
3.0 FOG/NPDES Program Inspections References
FOG
Customer Name: South Coast Water District Contact: Mr Joe McDivitt./Dir.Operations
Phone: 949-499-4555
ECIS designed,developed and implemented the current FOG Program with SCWD beginning in
2002.ECIS established the FSE inventory database and conducted all FSE-FOG Classification
inspections in support of the database and subsequent additions to the FOG Program.
Beginning in 2008 ECIS implemented the current FSE-Grease Best Management Practices
inspections program.ECIS provided overall program implementation and management with SCWD
staff and also helped develop the FOG Binder/PostertFraiuing system and provided consultation at
several stakeholder meetings during program launch.ECIS also instituted the current FOG Plan
Review program component as part of the overall FOG Program
FOG
Customer Name: City of San Clements Contact Mr.Larry Brous/Mil.Supervisor
Phone: 949-360253
6
•
API
11119
ECIS ENVIRONMENTAL COMPLIANCE 1NSPECITONSERVICES
Source ConingSobttfona
ECIS designed,developed and implemented the beginnings of the current FOG Program with CSC
beginning in 2002,ECIS established the FSE inventory database and conducted all FSE FOG
Classification inspections in support of the database and subsequent additions to the FOG Program.
Beginning in 2004 ECIS implemented the current FSE-Grease Best Management Practices
inspections program.ECIS provided overall program implementation and-management with CSC
staff and also helped develop the FOG Binder/Poster/Training system and instituted the current FOG
Plan Review program component as part of the overall FOG Program.
FOG
Customer Name: MouttonfNiguei Water District Contact: Mr.Mark Mountford/Principal
gngineer
Phone: 949-425-3555
ECIS designed,developed and implemented the current FOG Program with MNWD beginning in
2001.ECIS established the FSE inventory database and conducted all FSE-FOG Classification
inspections in support of the database and subsequent additions to the FOG Program.
Beginning in 2006 ECIS implemented the current FSE-Grease Best Management Practices
inspections program.ECIS provided overall program implementation and management with MNWD
staff and also helped develop the FOG Binder/Poster/Training system and instituted the current FOG
Plan Review program component as part of the overall FOG Program.
NPDES
Customer Name: City of Dana.Point Contact: Mrs. Lisa Zawaski/Water Ouality Stec.
Phone: 949-248-3584
ECIS designed,developed and implemented the beginnings of the current FSE-NPDES Inspections
Program beginning in 2007.ECIS established the FSE inventory database and conducted all FSE-
NPDES inspections in support of the city NPDES/Water Quality Program.ECIS also conducts any
required/requested Commercial/Industrial Inspections.
NPDES
Customer Name: City of Laguna Niguel Contact Mr.Erich List/Senior Planner
Phone: 949-362-4322
ECIS designed,developed and implemented the beginnings of the current FSE-NPDES Inspections
Program beginning in 2008,ECIS established the FSE inventory database and conducted all FSE-
NPDES inspections in support of the city NPDES/Water Quality Program.ECIS also conducts all
7
APIA
INV
ECIS ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
Source Control Solutions
Commercial/Industrial TC-BMP(Treatment Control Best Management Practices)device inspections
to ensure all treatment devices are working correctly and in compliance with any WQMP(Water
Quality Management Plan requirements.
NPDES
Customer Name: City of San Juan Capistrano Contact: Mr.Joe Man wieh/Asssoe. ' .4 neer
Phone: 949-487-4313
ECIS designed,developed and implemented the beginnings of the current FSE-NPDES Inspections
Program beginning in 2006.ECIS established the FSE inventory database and conducted all FSE-
NPDES inspections in support of the city NPDES/Water Quality Program.ECIS in the past has also
conducted many Commercial/Industrial NPDES inspections and last year assisted the city with
follow up OCHCA(Orange County Health Care Agency)FSE violation inspections as well as
helped the city further classify their restaurant Trash Enclosure status.
C. SCOPE OF WORK:
1.0 Grease Control Device Inspections-GCDI
ECIS has been inspecting both GGI's(Gravity Grease Interceptors)and HGI's(Hydro-Mechanical
Grease Interceptors)for City on and off for well over a decade,and as mentioned earlier was heavily
involved crafting the existing FOG Ordinance.At the inception of the FOG Program ECIS also
provided the currently used Gravity Grease Interceptor Standard Drawing(see Appendix B)now
used by building department plan review staff. At one point ECIS also conducted all FSE-FOG Plan
Review for City. Currently there are more lids(Inspection Points)on the FOG/FSE database than are
actually inspected,and this number rises and falls over time as FSE's close or new FSE's come on-
line.
ECIS pioneered the practice of color coding the FSE's on its FOG database with the goal in mind to
make it easier to classify the FSE and determine whether or not it needed to be inspected during the
annual FSE-Grease Best Management Practices Inspections if applicable.The colors break the
FSE's down into four basic categories.Green colored FSE's are those with a properly sized and type
underground outdoor Gravity Grease Interceptor.Blue colored FSE's are those with a smaller either
underground or above ground Hydro-Mechanical Grease Interceptor.Red colored FSE's are those
that discharge negligible to no FOG and do not require a grease control device.Yellow colored
F SE's are those that need a grease control device and currently do not have one.Historically the
yellow colored FSE's on the FOG Database have been the biggest dischargers of FOG into City lines
and,at the recommendation of ECIS,have also been charged the highest FOG Permit Fee by other
agencies implementing an FSE FOG Permit system. In the past ECIS also performed FOG Plan
Review to assist the city in ensuring the proper grease control device was installed.ECIS does not
currently provide this service.As part of the one-time fee SCIS also conducted up to two Grease
8
•
ECIS ENVIRONMENTAL COMPLUNCEINSPECTION SERVICES
Source Control Solutions
Control Device Installation Inspections to ensure the device was installed per UPC/City code
requirements.
All ECIS Grease Control Device Inspections are thorough to support any potential enforcement
event(s).
ECIS will provide the following services as required for this task:
I. Conduct bi-annual on-site physical inspections of each Grease Control Device.
2. Determine amount of accumulated FOG in the device and inspect for overall device
operation and performance including the inspection of all internal plastic piping,removable
baffle(s)(HGI only)within the device.
3. Review maintenance logs and record the last known date of pumping and the pumping
service provider.
. 4. Review any pumping contractor receipts.
5. Document violations and issue Notice of Non Compliance if needed.
6. Discuss violations/compliance requirements/return inspection scheduling issues etc.
With FSE contact
7. If needed photographic/video evidence is obtained.
8. If needed to assist City track down any issues ECIS can also check device Ph to ensure
effluent discharge limit prohibitions are in order.
9. On occasion a metal manhole lid(GGI only)is cracked or damaged by pumping
contractor or other reason and ECIS always notifies FSE contact so they can have issue repaired.
ECIS is prepared to give the FSE information on where/how to obtain a new manhole cover.This
makes for good relations with City and the restaurant community.
2.0 FSE-NPDES Inspections
ECIS proposes to perform annual on-site,FSE-NPDES inspections at all establishments listed
currently,or in the future,within the FOG Program database.
ECIS proposes to perform these inspections in accordance with all criteria as cur ently outlined in
the existing City of San Juan Capistrano-URBAN RUNOFF RESTAURANT INSPECTION FORM
This form shall be supplied to ECIS by City.
ECIS proposes to inform and give written notification of all instances of Non-Compliance to the
affected establishment,and how to obtain compliance,as described within the URBAN RUNOFF
RESTAURANT INSPECTION FORM.
ECIS proposes to inform the City of all establishments found to be in Non-Compliance,with all
enforcement procedures beyond the established notification of non-compliance procedure(s)by
ECIS,to be City responsibility.
9
Alb
liar
ECIS ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
Sauce Confret Solutions
ECIS proposes to inspect all FSE's that are non-compliant at the first inspection,one additional time
to verify compliance or non-compliance.Maximum number of inspections ECIS will perform per
FSE is two(2).ECIS proposes to inform City of all FSE's still in non-compliance after the second
ECIS inspection. City may elect to have ECIS perform additional inspections of non-compliant
FSE's past the normal maximum two inspections.ECIS proposes to re-inspect only those FSE's with
a major violation,such as rooftop grease exhaust fan violations,leaking grease barrel etc. All FSE's
receiving a notice of non-compliance for minor violation(s)will not be re-inspected by ECIS.ECIS
proposes to notify City of these FSE's with copies of the original NON's and on the Excel database.
• ECIS will notify City of all FSE's given an NON for a major violation(s),and collaborate with
NPDES coordinator on which FSE's will receive an additional ECIS re-inspection.
ECIS proposes all FSE-NPDES inspections program information shall be contained within the
existing Excel FOG/NPDES Program Database.
ECIS proposes to contact City Water Quality/Code Enforcement personnel for all instances where
an immediate or imminent threat from a prohibited discharge to any part of the storm-drain,storm-
drain conveyance structure(s)-creek-watershed or other sensitive or potentially sensitive area is
occurring or is about to occur.For example,if ECIS finds an outdoor grease barrel that has tipped
over or is leaking and the discharge is entering a storm-drain,conveyance structure,creek or other
water-body,ECIS would instruct the FSE to immediately remedy the situation and ECIS would also
immediately contact City personnel.If ECIS were to find an area where there is heavy grease
staining from past spills,but there is no active or imminent discharge threat ECIS would not contact
City personnel and would write up the FSE with a notice of non-compliance.
ECIS proposes to distribute all applicable and relevant material related to the program to all known
and/or affected establishments.
All return inspections due to non-compliance will carry a return inspection fee per the Fee Schedule.
SCOPE OF WORK:
ECIS proposes to inspect for the following at all FSE-NPDES Inspections:
40 TRAINING&CONNECTIONS:
1. Documented proof of any required employee training.
2. Storm-drain inlet labeling for all on-site storm-water inlets/structures.(notional)Many
cities/agencies require all on-site storm-water conveyance structures to be labeled with a blue
stencil to the effect of"NO DUMPING-DRAINS TO OCEAN".These are similar to the
labels the city/agency use for city/agency structures.
3. Review facilities/property for illicit connections and/or illegal discharges.
10
•
ECIS ENVIRONMENTAL COMPLUNCE INSPECTION SERVICES
Source Control Solutions
4. Inspect all on-site storm-drain conveyance structures to verify maintenance/repair/upkeep.
Many of these structures such as parking lot catch basins are filled with dirt/debris or the
internal plumbing structure is damaged.
5. Inspect for materials at hand for spill containment and cleanup and that employees are trained
in spill cleanup SOP's.
TRASB STORAGE/DISPOSAL AREAS:
1. Trash storage/disposal areas kept clean and regularly inspected.
2. Trash receptacles are in good condition and lids are closed. These trash bins often have holes
in them from age and use and leak trash and fluid all over ground.This runoff usually finds
its way to a nearby storm-drain.
3. Materials are at hand for trash cleanup such as absorbents or rags.
4. Trash enclosure area labeled. (optional)Many cities require trash enclosure area to be
labeled with a red or blue stencil in English&Spanish to the effect of"KEEP DUMPSTER
AREA CLEAN-LIDS CLOSED"
5. Grease collection receptacle(s)clean,lids closed and surrounding area in good condition.
Check for secondary containment if required.
i LOADING/UNLOADING AREAS:
1. Washing of kitchen mats in proper areas.Many times kitchen mats are washed outside in the
loading area that then drain to nearby storm-drains.These mats should be washed in a mop-
sink or other indoor area that drains to sanitary sewer.
2. Protection of storm-drain inlets downstream of loading/unloading areas.
3. Inspect for periodic cleaning and/or inspection of loading/unloading areas.Many times these
loading docks are full of trash,boxes and other debris that may impact nearby storm-drains
or sump pits that discharge to storm-drains.Industrial box crushers or trash compactors are
often present in these areas as well and due to lack of maintenance may leak fluid or spill
trash into surrounding area.
OUTDOOR AREAS:
1. Drain wash areas to Sanitary Sewer.
2. Contaimnent and proper disposal of wash water. ECIS will check to ensure that all wash
activities such as high-pressure or steam cleaning of outdoor areas wash-water is contained
and not allowed to flow off-site into a storm-drain.
3. Berm and cover equipment storage. Some material stored on-site may flow into nearby
storm-drains during rain,ECIS will inspect to ensure that the material is covered and a berm
is placed around material to ensure containment.
4. Inspect and maintain equipment on rooftops.Under maintained rooftop grease exhaust fans
often spill food grease/oil onto the roof where it flows into roof drains and out into storm-
401111
111119
ECIS .E1VYIRONMB1vTAL COMPZUNCE INSPEC'TIONSERPICES
Source Control Solutions
drains during rain,Historically,this has consistently been the number one reason for Non-
compliance.ECIS will inspect entire Grease Exhaust fan unit,including deflector shield and
overflow tray.
S. Inspect and clean rooftop of material and substances when allowable. ECIS will also inspect
the roof for over-all cleanliness.ECIS often finds open containers of roofing tar,
refrigeration chemicals,or roof drains clogged with leaf litter or other debris.
6. Route roof drain downspouts to pervious areas.ECIS will inspect all downspouts to see if
they can be positioned to empty into a pervious area such as grass instead of flowing over
paved areas and out into storm-drains.
+) PARKING LOTS:
1. Locate trash containers in convenient locations.
2. No storage of other materials/equipment in parking areas.
3. Routine cleaning of parking and outside areas. ECIS will inspect the entire parking area of
an establishment to check for materials stored that may pose a potential storm-water hazard
and inspect to ensure that the parking lot is clean and free of excessive dirt/debris or other
pollutants.
.i� LANDSCAPING:
1. Prevent spills,leaks,over application of chemical landscaping products.
2. Prevent over irrigation. This is quite common-ECIS will speak with owner/manager of
facility if there appears to be a problem with irrigation equipment or over irrigation is
occurring.
3. Proper use,storage,and disposal of chemical landscaping products.
4. Periodic inspection/cleaning of grounds and landscaped areas.
«�► OTHER BEST MANAGEMENT PRACTICES(LIMP'S):
1. Report significant spills to City and/or other agencies. ECIS will educate the facility about
who to call in the event of a significant spill or leak and give out relevant information.
1). Schedule
ECIS proposes to complete all required Bi-Annual Grease Control Device Inspections spaced out to
occur every 6 months and to begin at a city approved month once the contract is awarded.ECIS will
provide the updated Excel format inspections database to the City FOG Program Manager within
two weeks of the inspections program completion.
12
ECIS ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
Source ClSoeions
ECIS proposes to complete the required Bi-Annual FSE-NPDES inspections spaced out to occur
every 6 months and to begin ata city approved month once the contract is awarded ECIS will
provide the updated Excel format inspections database to the City FOG/NPDES Program Manager
within two weeks of the inspections program completion.
J
13
ECIS EIWIRONMENTAL COMPLL4N EINSPECTION SERVIOIS
Some Cm.bvl&Adlors
APPENDIX A
INSURANCE CERTIFICATE
•
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EG.S ENVIRONMENTAL COMPLIANCB INSPECTION SERVICES
Rearm Control Solute
Appendix B
Gravity Grease Interceptor Standard Drawing
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16
111119
EQS ENVIRONMENTAL COMPL NM I! PH COMPLLME INSPEaTONSExncE'S
Sovwce control Solutions
Appendix C
Current City of San Juan Capistrano Business License#74345
ga
CITY OF IAN JUAN CAPIITRA.HO n � w�MrwMiarYwgMNwllM�tiwdwi
ap�ygy. 'ws+- '2,:"' 7.. +.- +.t. '.- +r- «+ _ ` ,;.,.. F-Jr ss,: .-: 74343
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17
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each Invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will Inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
Request for Proposals(RFP)for
FOG and FSE NPDES Inspection Program
City of San Juan Capistrano
EXHIBIT "B"
FEE PROPOSAL.
Base Proposal
Item Description Quantity Unit Cost Total Total Cost
No. Annual for Two
Item Years
Cost
1.1 Grease Control 193 $17 /Lid $6,562 $13,124
Device Lids/Devices or Device
inspection(2
times annually)
1.2 Annual Food 136 FSE's $80/FSE $21,760 $43,520
Service
Establishment
(FSE) NPDES
Inspection Fee(2
times annually)
Project Total _ $28,322 $56,644
Total In Writing
The total Two(2)
year cost for the
program will be
Fifty six
thousand six
hundred forty
four dollars.
Option
Item Description
2.1 Annual cost for additional years 3&4 $28,322
Total in Writing-The total annual cost for
additional years 3&4 will be Twenty eight
thousand three hundred twenty two dollars.