HomeMy WebLinkAboutEEC ENVIRONMENTAL (2)INSURANCE NO ON FILE A-2020-139
WORK MAY N_QT PPROCEED
CLERK OF COUNCIL
PW(DATE: J; 3 1 2020
IX kcilh �e l AGREEMENT WITH EEC ENVIRONMENTAL TO PROVIDE
�S WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
THIS AGREEMENT is made and entered into on this 71 day of July, 2020 by and between E°Ee
+Cinvivronmental, a California corporation ("Consultant"), and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing consulting services that assist City staff with implementing key W DR -mandated
programs, including Sewer System Management Plain auditing, maintenance optimization
and the City's Fats, Oils, and Grease (FOG) control program as specified in Section 39-56
of the City's Municipal Code.
B. Consultant provides resources and technical expertise to provide WDR compliance
services and represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount to be expended
under this Agreement shall not exceed $300,000 This sum is comprised of (1) the
base amount of $285,500 and (2) a contingency in the amount of $14,500 for additional
services -at the City's sole discretion.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
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3. TERM
This Agreement shall commence on July 7, 2020 and continue through June 30. 2021'"
unless terminated earlier in accordance with Section 16, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. -GoMpiercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
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damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Bus iness:asit&nTotiike liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. .Worker's Compensation, -Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
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7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
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10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information' shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
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14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NIISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-5635
To Consultant:
EEC Environmental
One City Blvd West, Suite 1800
Orange, CA 92868
Fax: 714-667-23 10
www.eecenvironmental.com
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A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: c cwu A. ke'�
Laura A. Rossini
Acting Chief Assistant City Attorney
FOR APPROVAL:
l,Aatti '
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
EEC ENVIRONMENTAL
By:, Ole
Title: j'3Rr Ver?Ai t.,71,rNeC/C
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EXHIBIT A U-jEC
ENVIRONMENTAL
Scope of Services & Schedule
Core Requirements
1. Waste Discharge Requirements (WDR) and Sewer System Management Plans
(SSMP)
The EEC team has conducted a wide range of program audits, including SSMP audits, that has
provided EEC with a unique insight to both a regulator's view on conducting audits and a
regulated entity's view on being audited. EEC will provide the City with the following WDR and
SSMP support services under this task:
The cornerstones of EEC's expertise in SSMP program audits are extensive knowledge of key
SSMP program elements in line with regulatory requirements and a breadth of experience that
informs a complete, candid assessment of an agency's conformance or deficiency. Pursuant to
the WDR requirements for SSMPs, EEC's focuses on evaluating the key elements of the SSMP:
1. Legal authority
2. Operation and maintenance program
3. Design and performance provisions
4. Overflow emergency response plan
5. FOG control program
6. System evaluation and capacity assurance plan
7. Monitoring, measurement, and program modifications
Often, the SSMP internal audit is conducted merely as a formality to satisfy the minimum
requirements of the WDR. EEC takes a somewhat different approach and views the audit from
the perspective of a regulator. A regulator is looking for an honest assessment and program
modification that brings about true improvement in program performance (where needed).
Therefore, the key objectives of EEC's SSMP audit is to candidly evaluate how implemented
programs are impacting the reduction of SSOs and evaluate the proper ongoing management,
operation, and maintenance of sewer system assets.
EEC's general approach to SSMP internal audits is threefold:
1. Evaluate the level of conformance of the City's SSMP to the WDR. This is accomplished
primarily through a desktop review of the SSMP and supporting documentation. EEC is
thoroughly familiar with recent changes to the Monitoring and Reporting element of the
WDR and will ensure the City's SSMP appropriately addresses these changes.
2. Assess the level of conformance of the City's field practices with SSMP policies and
procedures. This includes a detailed review of program -related documents (e.g., work
"EEC's expertise and responsiveness was instrumental in helping
our city meet new stringent sewer regulations."
Ray Burk, Former Principal Civil Engineer
City of Santa Ana
Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15-072 20 August 13, 2015
EEC
ENVIRONMENTAL
orders, standard procedures, etc.) and data (e.g., line cleaning history, staff training
records, etc.), as well as comprehensive interviews with City staff and field observation
of key staff activities.
3. Use the audit findings to develop practical and defensible recommendations for program
improvement. EEC will prepare a report summarizing the audit findings that will include
classification of any identified nonconformances (i.e., major or minor nonconformance).
The report will also contain recommendations for program improvements based on
EEC's experience with successful aspects of similar programs and input received during
the staff interview process.
Analyzing the SSMP and identifying deficiencies in this
manner will allow the City to maintain control of the
definition and implementation of its programs rather than
putting that control in the hands of a regulator. For
example, in evaluating the City's SSO emergency response
plan, EEC will not only confirm that current practices are in
place and followed, but will also assess the defensibility of
key response procedures, such as SSO volume estimating
techniques. This approach parallels a regulator's approach
and allows the City to stay ahead in the process.
SSMP Audit Staff Interview
EEC is located close to Santa Ana and will work around the City staff members' schedules to
ensure the audit process is not intrusive but is thorough enough to satisfy the WDR
requirements and improve the City's SSMP programs.
On -going: SSMP update using information obtained from the previous SSMP audits.
Pursuant to the SSS WDR, enrollees must update their SSMP once every 5 years to reflect the
enrollee's current SSMP-related practices and the changes recommended during internal SSMP
audits. Having audited the City's SSMP in 2013 and 2015 and having updated the City's SSMP
in 2014, EEC knows the City's SSMP thoroughly and will ensure it stays current and accurate.
Provide quarterly WDR training and advising City staff on emerging issues, revisions, and
additions to the SSS WDR.
EEC has provided previous similar training to City staff regarding SSO emergency response
procedures and general WDR requirements. Training topics will include, but not be limited to,
SSO emergency response, EML evaluation procedures, and FOG program management.
Develop SSO contingency plans for the two City sewage lift stations.
The risk of large SSOs is greater in the event of sewage lift station failures. Understanding this,
EEC will work with the sewage lift station staff to develop SSO contingency plans that will
include, but not be limited to, procedures for electrical operations, bypass, and cleaning of the
lift stations.
Develop a sewer system maintenance (cleaning) program and schedule.
As part of the SSMP and the City's asset management endeavor, EEC will develop a sewer
system maintenance and cleaning program and schedule. The program and schedule will
Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15-072 21 August 13, 2015
prioritize sewer main cleaning based on parameters such as topography, pipe condition, flow
characteristics, and historical inspection analyses. The proposed sewer maintenance program
will optimize cleaning frequencies and resource deployment. EEC has already piloted this type
of asset management system with the City and is prepared to extend the system to the City's
complete sewer system. Deliverables will include cleaning program maps in PDF and in GIS
format compatible for use with the City's infraMAP software.
F. Provide SSO response support, including data analysis, volume estimating, reporting, etc.
A timely response to any SSO is critical not only to minimize the environmental impact of the
spill, but also to collect/analyze the information needed to determine the cause(s) of the spill.
EEC currently supports the IRWD and CMSD with follow-up investigations of private SSOs.
Investigations consist of identification of the cause(s) of the SSO and discussions with agency
staff to determine the required corrective actions. Preliminary discussions are conducted with
property owners to implement corrective actions. EEC also understands the importance of
accurate volume estimations and timely reporting to CIWQS. EEC will provide SSO response
support, and will assist the City with the approved volume estimation methods and reporting
forms in the event of an SSO.
EEC continues to serve local governments in developing, implementing, and monitoring
sensible sewer system management programs tailored to address specific local conditions and
ensure compliance with applicable WDR requirements. EEC has unmatched expertise in key
SSO mitigation strategies, including FOG control programs, preparation of overflow ERPs, and
SSMP performance assessments and audits. EEC continues to assist cities and independent
special districts, including the Cities of Santa Ana, Stanton, La Habra, Buena Park, El Segundo,
and Anaheim, as well as CMSD, with development, implementation, and/or audit of their SSMP
strategies.
The EEC team has comprehensive knowledge of the evaluation and development of SSO
ERPs. In fact, EEC assisted the City of Santa Ana in 2013 and City of El Segundo in 2014 to
update their respective SSO ERPs. SSO ERP updates are based on recent program
enhancements, personnel and equipment changes, and recent changes to the State's WDR
requirements for monitoring and reporting SSOs.
EEC also provides WDR/SSMP training support, including
SSO emergency response training to sewer system
maintenance staff. In 2013, EEC conducted SSO emergency
response training for the City of San Gabriel, which consisted
of an evaluation of current practices and procedures, a
presentation on the recent updates to the State's monitoring
and reporting requirements, and field simulations of SSOs to
provide hands-on assessment of SSO volumes and an
opportunity for trainees to practice SSO containment actions.
2. FOG Program Management
SSO Spill Simulation
EEC currently manages FOG programs for four Southern California agencies and uses
sophisticated database and GIS tools to collect, organize, analyze, and manage FOG data.
Having been closely involved in the development and implementation of key FOG control
Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15-072 22 August 13, 2015
program tools and processes, EEC's technical and field staff is thoroughly knowledgeable of
field data acquisition systems and workflows currently employed by the City. EEC will provide
the following services under this task:
Collect, organize, and manage the City's FOG Control Program data.
Provide monthly reports summarizing activities conducted and recommendations to the
City's FOG Control Program Manager.
Conduct regular meetings with City staff to evaluate the FOG Control Program, provide
recommendations, and prioritize project efforts.
Monitor the Orange County Health Care Agency's (OCHCA's) inventory of restaurants
and append any updates, changes, or additions to the City's FSE inventory.
Using the City's current FOG geodatabase, maintain the FSE inventory, inspection
schedule, and FSE inspection frequencies and prioritization. Inspection frequencies and
prioritization will be based on FOG production, compliance history, elevated
maintenance location relationships, and SSO history.
Establish inspection schedules and coordinate and assign inspection tasks to the City's
code enforcement inspectors and EEC's compliance inspectors using infraMAP.
Develop reports to summarize inspection results and compliance efforts.
Secure and append OCHCA's NPDES inspection data to the City's geodatabase for
analysis and to identify necessary NPDES follow-up inspections. EEC will ensure that
data are properly assigned to FSEs and violations are correctly identified. FSEs with
current violations will be properly identified on the map interface used by inspectors.
Use infra MAP software and ArcGIS to record inspection results and manage
inspections.
Provide support for the City's wireless inspection process, with which EEC is familiar.
Having played a pivotal role in the system's implementation, EEC is familiar with the
City's mobile data acquisition systems, including hardware, operating systems, software,
network structures, and evolving technologies.
Develop residential FOG educational/guidance materials and a plan to address
residential grease discharge and disposal practices.
As needed, develop and coordinate evaluation of new and emerging grease -control
technologies, including GRE and chemical/biological additives.
Provide the City with background and update information regarding current and
emerging MS-4 requirements.
Obtain data and information to keep the FSE inventory up to date.
Manage and process inspection pictures, GRE requirement documents, permits, and
other documents for all FSEs. EEC will update and maintain the geodatabase with
document information that will enable inspectors and managers to access documents
through the infra MAP interface.
• Review the City Municipal Code and recommend modifications or enhancements to the
FOG control program.
As needed, conduct site assessments of FSEs to determine or evaluate GCD retrofit
options.
Manage the FOG geodatabase and GIS files, such as map documents.
Provide follow-up documentation assistance and expertise to City's FOG Control
Program Manager.
Conduct QA/QC reviews of FSE inspection results.
Coordinate, establish work schedules, and provide educational and training information
to City personnel as needed or as requested by the City.
Provide the City with experienced and knowledgeable professional staff.
Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15-072 23 August 13, 2015
CEEC
ENVIRONMENTAL
Value -Added Program Management Services
Based on its recognized FOG expertise, EEC has been able to work with agencies across the
country, exposing the team to a variety of innovative ideas and concepts that can be shared
with the City. EEC also works with some of the City's neighboring agencies and can share Feld
intelligence regarding sewer investigations and FSE issues that might impact the City's
programs.
3. FSE Inspections and Enforcement
EEC will provide well qualified and experienced inspectors, some with bilingual skills, to conduct
FOG inspections. EEC will monitor inspection progress using the City's infraMAP and GIS tools
to ensure the FOG control program tasks are on track to meet inspection and follow-up targets.
EEC routinely performs QA/QC, from work order initiation to project completion, of FOG
inspectors as well as the data entered into databases and submitted to the City. EEC will work
with the City's FOG Control Program Manager to evaluate the continued implementation of
FOG -risk —based inspection prioritization processes to further optimize the City's inspection
resources. EEC will provide the following services under this task:
Conduct on -site, physical inspections of FSEs as determined by City's FOG Control
Program Manager
Provide bilingual outreach and educational materials to FSEs
Provide the City, as needed, with educational and BMP information
Promote the importance of kitchen BMPs
Require inspectors to clearly identify themselves both
verbally and with proper identification badges as
contract inspectors of the City
Require inspectors to identify their vehicles with
magnetic decals as contract vehicles of the City
• Coordinate and establish work schedules
Specific FSE inspection categories include the following:
1. Permitting Inspections. EEC will conduct initial ILe- � `"�'' `�`%'
permitting inspections for new, change -of -ownership, and Permitting Inspection Inventory
remodeled FSEs. Through initial inspections, also
referred to as FSE characterization, EEC will identify the type of food, cooking equipment, and
kitchen practices that risk contributing FOG to the sewer system. Each FSE will be provided
with bilingual educational materials that will help the FSE reduce the amount of FOG released
into the City's sewer system.
2. Grease -Removal Equipment Inspections. EEC will conduct GRE inspections for FSEs with
a grease interceptor or grease trap to ensure each device is in
good operating condition and confirm that appropriate
maintenance practices are implemented. The inspections are
comprehensive and thorough to support potential enforcementLz� . , -•efforts in the future. EEC inspectors will conduct the following. 1
Measure the layer of floating FOG and settable solids
Determine conformance with compliance criteria
Interceptor Sample Box Inspection
Proposal to Provide W DR Compliance Services, City of Santa Ana, RFP 15-072 24 August 13, 2015
Inspect the mechanical condition of the GRE
• Review the maintenance logs and record the last pump -out date
Review GRE pumping record keeping
Document and capture photographic evidence of all violations
3. Best Management Practice Inspections. Having
conducted more than 20,000 kitchen BMP inspections,
EEC understands the importance of educating FSEs on
proper BMPs. EEC will conduct BMP inspections to
evaluate compliance with all required kitchen BMPs,
including employee education and training practices.
These inspections also provide an opportunity to provide
new program educational materials.
Specifically, EEC inspectors will assess the following:
Removal of food grinder
Drain screens installed/maintained
• Kitchen signage (BMP poster) posted
Scraping practices
Food waste disposal practices
Emergency spill response materials
Utilization of drainage additives
CEEC
ENVIRONMENTAL
Identification of BMP Violation
Segregation and proper storage of
waste cooking oil
Grease collection log maintained
Employee training log maintained
Lateral cleaning and spill log
maintained
4. FSE Compliance Inspections. ECC will conduct follow-up inspections for non-compliance
issues as required by the City's FOG Control Program Manager. This may include issuance of
notices of violation to FSEs that are found to be in non-compliance with the FOG control
regulations.
EEC will help the City manage enforcement actions for violations of the City's FOG ordinance,
NS 26-70. For any FSE or critical source facility identified with deficiencies, EEC will meet with
FSE manager(s)/owner(s) or property owner(s) to discuss violations and enforcement and to
help them develop an appropriate corrective action plan to achieve and maintain compliance.
Based on the results of follow-up inspections and issued notices of non-compliance, EEC will
review, provide recommendations, and assist the City with any enforcement actions required as
a result of violations of ordinance NS 26-70.
5. National Pollutant Discharge Elimination System Inspections. EEC will conduct
inspections to follow up on NPDES violations identified by the OCHCA. OCHCA inspectors
evaluate the following during inspections:
FC60-NPDES - Improper Oil/ Grease Disposal
FC61-NPDES - Refuse Containers/Trash Bin Enclosure
FC62-NPDES - Washing Mat/Filter/Trash Bin Parking/Street
FC63-NPDES - Improper Methods Spill Cleanup/Hosing Area
FC64-NPDES - Maintenance Records: Lack of / Not Current
FC65-NPDES - No Observations Recorded
EEC knows the follow-up actions necessary for each observation and will confirm if an FSE has
conducted/implemented the corrective actions requested by the OCHCA.
Proposal to Provide W DR Compliance Services, City of Santa Ana, RFP 15-072 25 August 13, 2015
CEEC
ENVIRONMENTAL
6. Limited Food Preparation Inspections. EEC will conduct inspections of known or probable
LFP facilities to confirm their FOG discharge status. Inspections of known LFPs will be
conducted every 3 to 5 years to asses if the LFP's practices have changes that would warrant
inclusion of the LFP in the FOG Control Program as an FSE. These inspections include a quick
observation of any food preparation areas to assess if equipment has changed.
EEC understands the City's FSE inventory database and key FSE details necessary to
determine each FSE's potential to discharge FOG into the sewer system (e.g., cooking
equipment). EEC inspectors are proficient users of the City's inspection software and will not
require any additional training. Inspection results collected in the field are recorded in the
geodatabase and used to determine the FSE's compliance status and history. The geodatabase
is managed and maintained by two applications, Esri's ArcGIS and iWater's infraMAP.
Finally, EEC inspectors are extensively trained in inspection safety and have an impeccable
safety record. EEC inspectors also receive training in SSO response procedures and know the
SSO emergency response procedures implemented by the City.
As -Assigned Tasks
1. Maintaining Maps and Database Records
EEC fully understands the City's use of GIS and other systems to manage the FOG program
data and inspection tasks. EEC understands that the City needs mapping and GIS support
services to continue extensive use of these systems.
Since 2004, EEC has provided GIS support services to the City,
including determining the most effective way to manage the City's
FOG Control Program using GIS. EEC has supported the City's
implementation of ArcGIS and infraMAP software to manage
inspections of the 1,000+ FSEs and 200+ GREs in the City.
EEC will provide the following services, as necessary, under this task:
Review inspection records and results for quality assurance and control purposes.
Add, edit, or delete records and map points as FSEs and GREs are added or deleted
from the inventory.
Edit existing records and feature classes to reflect true field conditions. This includes
maintaining a graphical representation of FSE and GRE relationships.
Maintain layer definition queries that access FOG program data to represent FSEs and
GREs that need routine inspections, FSEs and GREs that have existing violations, FSEs
and GREs that have never been inspected, FSEs that have NPDES violations, and LFPs
that need to be confirmed.
Coordinate with staff and technology consultants to identify and implement infraMAP
software inspection form improvements and troubleshoot errors and issues. When
necessary, EEC will provide a GIS analyst for on -site support.
Coordinate with staff and technology consultants to define required WDR program
workflows and support integration with emerging technology.
Use GIS tools to assist staff with SSO response.
• Use GIS tools to generate monthly activity reports.
Use data validation tools to review feature class data including FOG inspection activity data.
Assist the City with maintenance data analysis and O&M task optimization.
Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15-072 26 August 13, 2015
The FOG program geodatabase is also used to manage issuance of notices of violation and
subsequent compliance inspections. Using these GIS and database resources developed in
house, EEC will continue to provide effective and efficient inspection management services for
the City. EEC will also provide on -site GIS support, including geodatabase editing, feature class
development, and map document development.
EEC has developed customized tools to query and review
copious amounts of FSE data for analysis and reporting. For
example, an inspector or manager can find an SSO or EML in
the GIS and readily identify the associated FSEs. Hyperlink
tools in the GIS are provided to quickly query the FSE
database to return pertinent information related to FSE
inspection histories, site pictures, and inspection reports.
While the focus of this scope of work will be on FOG
program management, EEC understands that FOG is not the Manhole Elevation Analysis
only cause of SSOs and that a thorough understanding of
the sewer system is critical to preventing SSOs. EEC's experience in sewer line characterization
activities has provided a keen understanding of how hydraulic defects in the sewer, such as
offset joints, roots, and sags, can impact the ability of a sewer to transport grease within the
sewer system. Through utilization of GIS and FSE databases, EEC will provide simple, efficient
solutions for organizing, managing, and coordinating all sewer line EMLs related to FSE
enforcement activities.
Value -Added Mapping Services
EEC worked closely with iWater to develop the FOG inspection module in a manner that upheld
the City's high standards for FOG inspections. EEC understands the software and can recode,
modify, troubleshoot, and correct functionality issues as needed. EEC also designed and
implemented the geodatabase in which all inspection data are stored and can modify the
geodatabase as the City's FOG program evolves. EEC has and can continue to provide
specialized GIS and CMMS training specific to the City's GIS configuration and process
workflows. Additionally, EEC can augment City staff with on -site GIS support staff as necessary.
2. Training and Support
EEC will continue to provide the City with FSE inspection process training as requested. EEC
developed and currently conducts California's only Grease Interceptor Inspector Training
Workshop for the California Water Environment Association (formerly conducted for CalFOG).
To date, EEC has conducted seven workshops and trained more than 400 inspectors. EEC
most recently provided specialized training for City Redondo Beach and South San Luis Obispo
Sanitation District inspectors and has previously provided training for several of the City of
Santa Ana Code Enforcement staff. EEC can also provide mobile data acquisition training for
the City's FOG inspectors to demonstrate how FOG and NPDES inspection data is recorded
and how to determine inspection priorities in the infra MAP software.
EEC will also continue to provide the City with GIS and CMMS training, which can occur as
needed or regularly. The training will be specific to systems and data used by the City.
Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15-072 27 August 13, 2015
3. Computerized Management Maintenance System (CMMS) Support
EEC is a business partner with Cityworks, Esri, and iWater and is thoroughly familiar with each
product suite's capabilities, limitations, and applications. Following industry standards and
keeping customization to a minimum when implementing software, EEC's approach reduces the
likelihood of failure due to software updates, capability, or maintenance.
EEC will provide the following as -needed CMMS services under this task:
Provide extensive Cityworks knowledge and familiarity with infraMAP and ArcGIS to
support City needs
Optimize data entry forms and recommend best practices
Leverage the CMMS to report key performance indicators
Value -Added CMMS Services
EEC implemented the Cityworks CMMS system currently in use at the City and is uniquely
familiar with the workflows, hardware, software, and data that the system supports. Further,
EEC has experience implementing, integrating, and supporting CMMS systems in general and
Cityworks systems in particular for other governmental agencies, which currently include the
City of Sacramento, CMSD, and Yorba Linda Water District, among others. EEC is a Cityworks
Implementation Business Partner and has performed multiple implementations and integrations
of Cityworks Server, the same software that the City currently uses to manage its workflows.
EEC can leverage the experience from these other projects to help the City optimize available
resources and avoid costly implementation and integration mistakes.
4. General Sewer System O&M Support
Hotspot Identification, Prioritization, and Remediation
Having studied more than 300 hotspots and identified numerous individual sources of FOG
blockages in California, EEC has developed and provides unique expertise in assessing sewer
system issues and developing corrective actions, including source identification and mitigation.
Public agencies frequently hire EEC to conduct such characterization studies and use the
resulting data to prioritize FSE inspections, improve cleaning and tracking of EMLs, and inform
SSO contingency plan development for high -risk pipelines.
Response to and Enforcement of Private Sewer Spills
A timely response to any SSO is critical not only in minimizing
the environmental impact of the spill, but also in
collecting/analyzing important information needed for reporting
the spill and determining the cause(s) of the spill. EEC's SSO
response experts are certified by the California Water
Environment Association in SSO Electronic Reporting and are
prepared to conduct follow-up investigations of private SSOs.
Investigations consist of identification of the cause(s) of the
SSO and discussions with agency staff to determine
corrective actions. Preliminary discussions are conducted with
property owners to implement corrective actions. EEC's
SSO Response Support
Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15-072 28 August 13, 2015
4EEEC
ENVIRONMENTAL
extensive CCTV assessment of sewer lines provides clients with the necessary expertise to
properly assess and offer recommendations concerning private sewer laterals.
Where "voluntary" implementation of corrective action by a property owner proves unsuccessful,
administrative orders may be required to ensure implementation of required measures. Follow-
up discussions with private property owners conducted by EEC are typically initiated well before
the administrative order deadlines to ensure adequate progress and to avoid last-minute
extensions.
Sewer System Condition Assessment
EEC has analyzed countless hours of CCTV data and has used these data to drive capital
improvement and sewer master plan development. EEC draws on this experience and expertise
to ensure that an agency's planning and funding aligns with current asset conditions.
Summary of Deliverables
Based on the scope of services, the following deliverables are anticipated for this project
FOG program protocol assessment reports and recommendations (as needed)
Monthly inspection status reports summarizing inspections conducted, compliance
status, and recommendations for follow-up and enforcement actions
Quarterly program review/status meetings with City staff
FOG outreach and educational materials procurement and distribution (as needed)
Updates to FSE inspection database with OCHCA NPDES inspection data (as needed)
Memoranda/reports on emerging MS4 requirements (as needed)
Updates to FSE inspection database with new FSE data from various sources (as needed)
• FOG program initiative recommendations/reports (as needed)
Evaluation/assessment reports for emerging GRE devices and additives (as needed)
Mapping document updates and recommendation reports (as needed)
• Workflow and CMMS development recommendation reports (as needed)
Memoranda/reports on emerging WDR/SSMP requirements (as needed)
• SSMP internal audit and recommendation reports
Classroom and field training on FOG/WDR/SSMP/GIS/CMMS topics (as needed)
Monthly Invoices including number of hours by labor category and hourly rates (as
included in the fee proposal)
Updated milestone schedule will be provide to City Project Manager and will be based on assigned
as -needed tasks
Proposal to Provide WDR Compliance Services, City of Santa Ana, RFP 15-072 29 August 13, 2015
Exhibit B
Fee Proposal — Waste Discharge Requirements Compliance
Services (RFP #15-072)
EEC Environmental (EEC) is pleased to submit this fee proposal to provide continued Waste Discharge
Requirement (WDR) Compliance services, including Fats, Oils, and Grease (FOG) Program Management
services, to the City of Santa Ana (City). Based on EEC's experience with similar scopes of work and
familiarity with the systems and operations at the City, the annual cost for the requested Core
Requirement services is $216,000. Based on the anticipated level of effort, As -Assigned Tasks are
anticipated to incur an additional $69,500, which will be performed on a time and materials basis
pursuant to EEC's 2015 Fee Schedule (hourly rate schedule) provided following this page.
Project Fee Proposal
Item
Unit
Estimated
Quantity
Unit
Price
Total
1
Perform SSMP Audit
Each
1
$10,750
$10,750
2
Perform SSMP Update
Each
1
$6,500
$6,500
3
WDR Training and Support
Lump Sum
1
$4,000
$4,000
4
Lift Station Contingency Plan
Lump Sum
1
$10,000
$10,000
5
Sewer System Maintenance
Lump Sum
1
$15,000
$15,000
6
SSO Response Support
Each
4
$1,500
$6,000
7
FOG Program Management
Lump Sum
1
$46,000
$46,000
8
Permitting Inspections
Each
100
$120
$12,000
9
GRE Inspections
Each
350
$95
$33,250
10
BMP Inspections
Each
500
$85
$42,500
11
Compliance Inspections
Each
200
$120
$24,000
12
LFP Confirmation
Each
100
$15
$1,500
13
FSE NPDES Inspections
Each
300
$15
$4,500
Core Requirements Total: $216,000
14
Maintaining Maps and Database Records
T&M
100-140 Hrs
$15,000
15
Training & Support
T&M
50-80 Hrs
$9,000
16
CMMS Support
T&M
120-180 Hrs
$20,000
17
Sewer System O&M
T&M
150-220 Hrs
$25,500
As -Assigned Tasks Total: $69,500
Project Total: $295,500
EEC Fee Proposal — WDR Compliance Services FP-1 August 13, 2015
I
AIM
ENVIRONMENTAL
2015 Fee Schedule
PERSONNELCHARGES
The charge for all time required for the performance of
the Scope of Work, including office, field and travel
time, will be billed at the hourly rate according to the
labor classifications set forth below:
Labor Classification Hourly Rate
Staff Engineer/GeologistIScientist
$115
Sr Staff Engineer/Geologist/Scientist
$125
Project Engineer/GeologisVScientist - 1
$150
Project Engineer/Geologist/Scientist - If
$160
Sr Project Engineer/Geologist/Scientist - 1
$180
Sr Project Engineer/Geologist/Scientist - 11
$200
Principal Geologist
$225
Principal
$225
Project Assistant
$90
Technician
$90
Drafter
$110
Sr Technician
$105
Compliance Inspector
$105
Analyst GIST rechnology
$95
Sr Analyst GISlrechnology
$105
Specialist GIS/rechnology
$115
Sr Specialist GISrrechnology
$125
Supervisor GIS/Technology
$145
Director/GIS Technology
$160
Construction Technician
$75
Construction Field Supervisor
$95
Construction Manager
$100
Sr Construction Manager
$125
Technical Editor
$95
Emergency response and client requested work during
non-standard business hours will be charged at a rate
of 1.25 times the standard hourly rate.
Travel
Vehicles used on project assignments will be
charged at $50 per day. Mileage is billed at the
current rate established by the Internal Revenue
Service plus mark up. Per Diem is billed at a unit
cost of $50 per day. Airfare, lodging, rental cars and
associated expenses are billed at cost plus mark up.
Field Equipment
Field Equipment is billed at standard unit costs.
Rate schedules are available upon request.
Subcontractors and Reimbursables
The costs of subcontractors, materials, equipment
rental and costs incurred will be charged at cost
plus 15%.
Other Project Charges
The cost of additional report reproduction and
special project accounting will be billed as
appropriate. Plotting plans are charged by size,
black and white or color, and by the number of
copies supplied.
Shipping and Postage
Shipping charges include couriers and the postage
necessary will be charged at cost plus markup.
Interest Charges
Interest on late payments will be charged at the rate
of 1.5% per month.
When EEC Staff appear as expert witnesses at court
trials, mediation, arbitration hearings and depositions,
Payment Terms
their time will be charged at 2.0 times the standard
Net 30 days apply to all work performed and
rate. All time spent preparing for such trials, hearings,
invoiced unless superseded by a specific executed
and depositions, will be charged at the standard hourly
contract.
rate.
This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing
and new assignments.
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