HomeMy WebLinkAboutAgreementAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
D-MAX ENGINEERING, INC.
THIS AGREEMENT is entered into this 15th day of April, 2014, by and between the
CITY OF NATIONAL CITY, a'municipal corporation (the "CITY"), and D-Max Engineering,
Inc., a corporation (the "CONSULTANT"),
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project
support services for National City's Capital Improvement Program (CIP).
WHEREAS, the CITY has determined that the CONSULTANT is an engineering and
environmental consulting firm and is qualified by experience and ability to perform the services
desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE FAR].1 S HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by
the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as set
forth in the attached Exhibit "A", including, but not limited to, project management, engineering
and contract management, construction management and inspections, environmental planning,
compliance and assessments, plan reviews, constructability reviews, and community out -each.
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to
keep staff and City Council advised of the progress on the Project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
City's Standard Agreement 2O11 revision
-1-
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 15% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the
Project Coordinator for the CITY and will monitor the progress and execution of this
Agreement. The CONSULTANT shall assign a single Project Director to provide supervision
and have overall responsibility for the progress and execution of this Agreement for the
CONSULTANT. Arsalan Dadkhah, P.E., Principal, thereby is designated as the Project
Director for the CONSULTANT.
4, COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed $1,000,000 (the Base amount)
without prior written authorization from the Project Coordinator. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice, provided
that work is accomplished consistent with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY.
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation
due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of
the work, the manner of performance and/or the compensation payable to the CONSULTANT
in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within
ten (10) business days, the CONSULTANT and the City shall each prepare a report which
supports their position and file the same with the other party. The City shall, with reasonable
diligence, determine the quality or acceptability of the work, the manner of performance and/or
the compensation payable to the CONSULTANT.
6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on April 15, 2014. The duration of this Agreement is for the period of
April 15, 2014 through April 14, 2016, With mutual agreement of the parties, this Agreement
may be extended for an additional period of up to one year, through April 14, 2017.
2 City's Standard Agreement-20I1 revision
-2-
7. DISPOSITION AND OWNERSHIP OF DOCUI[E ITS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY Tiller' completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyrihht
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY' S purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or
specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability
under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or
for any liability to the CITY should the documents be used by the CITY for some project other
than what was expressly agreed upon within the Scope of this project, unless otherwise mutually
agreed.
8. JNDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONSULTANT without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CQNSIJLTANT from
employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may
deem necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere to the applicable terms of this Agreement.
3 City, standard Agreement - 2011 revision
-3-
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT'S
employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY, it
being understood that the CONSULTANT its agents, servants, and employees are as to the
CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the
CITY are solely such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City
business license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES. PERMITS. ETr. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONSULTANT represents and covenants that the
CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT'S trade or profession currently practicing under similar
conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT'S employees and members of the public from risk of
harm arising out of the nature of the work andlor the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY' S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
4 City's Standard Agreement-2011 revision
-4-
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate ainst any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any notices
provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CQNFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the.
services to be provided herein. The foregoing obligation of this Section 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT
without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to
the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. IiDEMlS1F1CATION A D JIOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions; proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S
negligent performance of this Agreement.
The indemnity, defense and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
5 City's Standard Agreement-2011 revision
.5-
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to
purchase and maintain throughout the term of this Agreement, the following checked insurance
policies:
A. ® If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -
owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents
and employees as additional insured, and a separate additional insured endorsement shall be
provided.
C. Commercial General Liability Insurance, with minimum limits of
$2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement. The policy shall name the CITY and
its officers, agents and employees as additional insured, and a separate additional insured
endorsement shall be provided. The general aggregate limit must apply solely to this "project"
or "location".
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement. If CONSULTANT has no employees
subject to the California Workers' Compensation and Labor laws, CONSULTANT shall
execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by
CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years '
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
6 City's Standard Agreement —2011 revision
-6-
G. Insurance shall be written with only California admitted companies that
hold a current policy holder's alphabetic and financial size category rating of not less than .A
VIII according to the current Best's Key Rating Guide, or a company equal financial stability
that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -
admitted "surplus lines" carriers, they must be included on the most recent California List of
Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
H. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
L All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
7 city.a Standard Agreement-2011 revision
-7-
CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT, whether paper or electronic, shall immediately become the property of and be
delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and other materials up
to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder,
and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter,
ownership of said written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICE,S. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten
(10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with
charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above shall be
directed to the following persons:
To CITY: Stephen Manganiello
Director of Public Works/City Engineer
Engineering & Public Works Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
8 City's Standard Agreement —2011 revision
-8-
To CONSULTANT:
Arsalan Dacikhah, P.E.
Principal
D-Max Engineering, Inc.
7220 Trade Street, Suite 119
Carlsbad, CA 92121
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATION. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONSULTANT also agrees not to specify any product,
treatment, process or material for the project in which the CONSULTANT has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself
and shall not use its official position to influence in any way any matter coming before the
CITY in which the CONSULTANT has a financial interest as deemed in Government Code
Section 87103. The CONSULTANT represents that it has no knowledge of any financial
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
E If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City
Clerk of th.e City of National City in a timely manner on forms which the CONSULTANT shall
obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works
contracts as set forth in California Labor Code, including but not limited to, Sections
1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State
prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws,
ordinances, rules, and regulations.
City's Standard Agreement-2011 revision
-9-
24. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver, The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordRnce with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any
party hereto shall be of any effect unless it is in writing and executed by the party to be bound
thereby.
K. Successors and Assigns, This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors as
such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party' s counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
10
-10 -
City's Standard Agreement-2011 revision
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY D-MAX ENGINEERING, INC.
By: By: h4'Z
Arsalan Daedldiah, President
Ron Morrison, Mayor
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
11
-11-
City's Standard Agreement 2011 revision
4Rl` CERTIFICATE OF LIABILITY INSURANCE
DATEI
/30/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. MS
BY THE POLICIES
AUTHORIZED
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETIMEEN THE ISSUING INSURER($),
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the c.ertificate holder Is an ADDITIONAL INSURED, the policy(es) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsament(s).
PRODUCER
Cavigaac &Associates
450 B Street, Suite 1800
San Diego, CA 92101-8005
License No. 0A99520
•
Ulm Certificate Department
Aic.ND.ex*619-234-6848 FAX
maw:619-234-8601
E-MAIL
,ADDRESS: certifioatesecavignac.cam
INSuleERNO/IFFORDINGCOVERAGE
MICR
INSURERAI TRAVRT. PFtf3P CAS CO OP Amu
25674
19 518
INSURED
D-M?.X Engineering, Inc.
7220 Trade Street, Suite 119
San Diego, CA 92121 United States
B1MJBER B : CATLTN INS CO
INSURER C:
INSURER D:
INSURER E :
INSURER F:
: T.05506
REVISION NUMBER: 252633
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD i
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS,
MEE
TYPE OF INSURANCE
ADOL
MEE
1
POLICY ► UMBER
nitro nYYY}_{MIAtODl1CYYY7
LIMITS
A
GENERAL.
LIABILITY
COMMERCIAL GENERALLIABIUTY
6807350L622
L/1/2014
1/1/2015 EACH OCCURRENCE
$ 1,000,000
DAmAGX
PREMJES occurrence)
s 1,000,000
,PRENLISF.SrEsoccvrrercsy
MEDEXP one person)
$ 10,000
CLAIMS -MADE
X
OCCUR
PERSONAL SADVINJURY
S 1,00D, 000
X
Contractual I.iab_
GEN3RALAGGREGATE
$ 2,000,000
X
Separation of Insureds
PRODUCTS -COMPIOPAGG
$ 2,000,000
GEN'LAGGREGATE
POIJCY
X
LIMIT APPLIES PER:
r Flux
$
A
JUJTOMCIdItPUASRl7Y
X
ANY AUTO
ALL OWNED
SCHEDULED
AUTOS
NON-OWNED
EA$924L251
1/1/2014
1/1/2015
M61NED9-SINGLE UMIT
$ 1,000,000
BODILY INJURY (Par person)
S
BODILY INJURY (Per accident)
$
PROPERTY
accident
$
$
UMBRELLA LIAR
EXCESS LAB
BUR
CLAIMS -MACE
EACH OCCURRENCE
$
AGGREGATE
$
$
DED
RETENTIONS
A
WORKERSCOrHPENSA`714N
AND EMPLOYBiS' LIABILITY YIN
ANY PROPRETORrPARTNERADIECU11
IM OFFICEREMBER EXCLUDEIY?
pdtndeLolryr►n NHl
H yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
U65527Y628
1/1/2014
1/1/2015
X TO YTUMfTs ER
E.L.EACH ACCIDENT
S 1, 000, 000
E.L. DISEASE -EA EMPLOYEE
$ 1,000,000
EL. DISEASE-POLICYUMIT_$ 1i000,000
B
professional Liability
ABO985360115
1/1/2014
1/1/2015
Ea Claim $1,000,000
Aggregate $2,000,000
OESCRIPTION OF OPERATIONS/ LOCATIONS r VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more spew Is required] .
RR: Storm Water services. The City of National City, its elected officials, officers, agents, and employees are
additional insured with respect to general liability per attached & auto liability per policy form. Waiver of
Subrogation applies to workers compensation per attached.
CERTIFICATE HOLDER
CANCELLATION
City of National City
1243 National City Blvd.
National City, CA 91950-4397
United States
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Dorothy Amundson
ACORD 25 (2010106)
Co 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo me registered marks of ACORD
EXJGR-CAVIGNM1O 6ASSOCIATES 25252e
Page 2 of 5
-12-
POLICY NUMBER: 68073501622
COMMERCIAL GENERAL LIABILITY
DATE ISSUED: 1/1/2014
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):
PROJECT/LOCATION OF COVERED OPERATIONS:
PROVISIONS
A. The following is added to WHO IS AN
INSURED (Section II):
The person or organization shown in the
Schedule above is an additional insured
on this Coverage Part, but only with
respect to liability for "bodily injury",
"property damage' or "personal injury"
caused, in whole or in part, by your acts
or omissions or the acts or omissions of
those acting on your behalf.
a. In the performance of your ongoing
operations;
b. In connection with premises owned by
or rented to you; or
c. In connection with 'your work" and
included within the "products -
completed operations hazard".
cG D3 82 09 07
Such person or organization does not
qualify as an additional insured for "bodily
injury', 'property damage', or "personal
injury' for which that person or
organization has assumed liability in a
contract or agreement.
The insurance provided to such additional
insured is limited as follows:
d. This insurance 'does not apply to *the
rendering of or failure to render any
"professional services',
e. The limits of insurance afforded to the
additional insured shall be the limits
which you agreed in that "contract or
agreement requiring insurance" to
provide for that additional insured, or
the limits shown in the Declarations for
this coverage part, whichever are less.
This endorsement does not increase
the limits of insurance stated in the
2007 The Travelers Companies, Inc. Pepe 1 a# 2
lnciudes the copyrighted =told of Insurance Services Office, Inc., wlth its permission
_13_
Page3of5
LIMITS OF INSURANCE (Section III)
for this coverage part.
B. The following is added to paragraph
a. of 4. Other Insurance in
COMMERCIAL GENERAL LIABILITY
CONDITIONS (Section IV):
However, if you specifically agree in
a `contract or agreement requiring
insurance" that, for the additional
insured shown in the Schedule, the
insurance provided to that additional
insured under this Coverage Part
must apply on a primary basis, or a
primary and non-contributory basis,
this insurance is primary to other
insurance that is available to such
additional to such additional insured
which covers such additional insured
as a named insured, and we will not
share with the other insurance,
provided that:
(1) The "bodily injury" or 'property
damage" for which coverage is
sought occurs; and
(2) The "personal injury" for which
coverage is sought arises out of
an offense committed;
after you have entered into that
"contract or agreement requiring
insurance" for such additional
insured. But this insurance still is
excess over valid and collectible
other insurance, whether primary,
excess, contingent or on any other
basis, that is available to the
additional insured when the
additional insured is also an
additional insured under any other
insurance.
C. The following is added to Paragraph
8. Transfer Of Rights Of Recovery
Against Others To Us in
COMMERCIAL GENERAL LIABILITY
CONDITIONS (Section IV):
We waive any rights of recovery we
may have against the additional
insured shown in the Schedule
above because of payments we
make for "bodily injury", "property
damage" or "personal injury' arising
out of "your work" on or for the
project, or at the location, shown in
the Schedule above, performed by
you, or on your behalf, under a
"contract or agreement requiring
insurance" with that additional
insured. We waive these rights only
where you have agreed to do so as
part of the "contract or agreement
requiring insurance" with that
additional insured entered into by
you before, and in effect when, the
"bodily injury" or "property damage"
occurs, or the "personal injury"
offense is committed.
D. The following definition is added to
DEFINITIONS (Section V):
"Contract or agreement requiring
insurance" means that any contract
or agreement under which you are
required to include the person or
organization shown in the Schedule
as an additional insured on this
Coverage Part, provided that . the
"bodily injury" and "property
damage" occurs, and the "personal
injury" is caused by an offense
committed.
a. After you have entered into that
contract or agreement;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy
period.
CG D3 82 09 07 2007 The Travelers Companies, Inc. Page 2 of 2
Includes the copyrighted material of Insurance Services Office, Inc., with its permission
Page 4of5
-14-
WORKERS COMPENSATION
AND
EMPLOYERS IiABILITY POLICY
ENDORSEMENT WC 99 03 76 (00)
POLICY NUMBER: 17B5527Y62e
WAIVER OF OUR RIGHT TO RECOVER FROM 4'i'HERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce cr right against the persona organization named in the Schedule.
You must maintain payroll records accurately segregating the remzmaation ofyoxzr employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR WHICH THE
NAMED INSURED HAS AGREED RY WRITTEN CONTRACT
BXECLr1'rl PRIOR TO LOSS TO FURNISH IBIS
WAIVER.
Page 5ef5
-15-
D-MAx Engineering, Inc.
Consultants in Water & Environmental Sciences
iwr�ra. _
VEIL MI=
W_ .�
February 24, 2014
Mr. Stephen Manganiello
Director of Public Works/City Engineer
City of National City
Department of Engineering and Public Works
1243 National City Boulevard
National City, CA 91950
Re: Request for Qualifications for On -Call Project Support Services for National City's
Capital Improvement Program
Dear Mr. Manganiello:
In response to your Request for Qualifications (RFQ) dates January 27, 2014, D-MAx
Engineering, Inc. (D-MAx) is pleased to submit this Statement of Qualifications (SOQ) to provide
on -call project support services for National City's Capital Improvement Program (CIP). We are
proposing to assist the City in two of the disciplines listed in the RFQ: Environmental
Engineering, Planning, and Design, and Environmental Compliance.
D-MAx has worked with 18 agencies in San Diego, Riverside, and Orange counties on storm
water and wastewater projects, including the City of National City, since D-MAx was founded in
1996. As a result of our extensive project experience, we are very familiar with storm water and
wastewater requirements and procedures both in the City of National City and the San Diego
region. We are also including Dudek, a local environmental planning and engineering firm, on
our team. Dudek will provide additional expertise for CEQA/NEPA and Hazmat services.
Proven Record of Successful Program Support City staff have trusted us to keep them up to
date on and in compliance with the ever -changing requirements of environmental regulations for
over a decade. We have successfully helped the City revise its programs where regulators
found previous efforts by others to be deficient. D-MAx staff have provided updates on
requirements to the City Council and have represented the City in regulatory audits and permit
negotiations. We have always been available to respond to unanticipated or emergency
situations, and we have consistently completed required tasks on time even when a very short
turnaround has been required. During this time the City has established an excellent reputation
with the Regional Water Quality Control Board (Regional Board). Our staff have also built a
strong rapport with City personnel and are very familiar with local policies and constraints.
Local Knowledge and Experience. Over the last 18 years, D-MAx personnel have developed in-
depth knowledge of the City's development and construction requirements, local businesses,
drainage patterns and design, biological resources, and areas of particular concern to Members
of the community. We have helped bring $2.4 million in grant funding to the City for a project
that will improve water quality through Low Impact Development (LID) and is consistent with the
City's vision for more walkable, smart growth communities. We have also worked with the City
and the National School District for each of the last several years to prepare an environmentally-
themed calendar featuring artwork from local students. D-MAX has also sponsored and
coordinated creek cleanup events in National City for many years. These events have both
improved the condition of local creeks and involved many members 'of the community.
Municipal Storm Wafer Program Expertise. D-MAx is well-equipped to help the City navigate the
demands of new, more stringent storm water requirements. D-MAx has designed storm water
7220 Trade Street • Suite 119 • San Diego, CA. 92121 0 (858) 586-6600 • Fax (858) 586-6644
-16-
W. Stephen Manganiello
City of National City
February 24, 2014
Page 2
program plans for seven municipalities in San Diego County, including the City of National City,
and represented the City throughout thepermit developmentprocess negotiations with the
� g,..,.., r g
Regional Board. We are currently updating the City's Jurisdictional Runoff Management Plan
and representing the City in its role as co -lead for developing the San Diego Bay Watershed
Water Quality Improvement Plan. We have competed over 23,000 inspections of industrial,
commercial, municipal, treatment control BMP, and construction sites; over 140 dry weather
monitoring programs and additional special studies; and more than 30 program annual reports.
Environmental Planning and Design Experience. We prepared the City's Standard Urban Storm
Water Mitigation Plan (SUSMP) and associated Municipal Code sections to meet regulatory
requirements, and we have completed over 100 water quality plan checks for development
projects for the City and other local agencies. We have provided LID design expertise for City
CIPs and grant -funded projects. LID design will be increasingly more important under new
SUSMP requirements, which impose more challenging design standards. We have prepared
construction Storm Water Pollution Prevention Plans (SWPPP) for CIPs and helped City staff
set up accounts for and enter data into the State's online reporting system. Our team member,
Dudek, is widely -known across the San Diego region and throughout the State for its expertise
in CEQA compliance, biological monitoring, and obtaining regulatory permits from resource
agencies such as the Army Corps of Engineers the California Department of Fish and Game.
Wastewater Compliance Experience. We recently rewrote the City's Sanitary Sewer
Management Plan, revising standard procedures for sanitary sewer overflow response and
reporting and training Public Works staff on the new procedures and forms. D-MAx has also
developed and implemented a Fats, Oils, and Grease (FOG) program for the City to comply with
wastewater regulations. We have worked with the City to identify areas of chronic FOG build-up
and have worked with businesses to ensure they follow FOG requirements. We have also
performed FOG inspections for the cities of Vista and Carlsbad.
Past Performance and Cost Effectiveness. As a team of professionals focused on providing
environmental services, we adapt to our clients' needs and provide a level of flexibility that sets
D-MAx apart. Our diverse group of professionals, close proximity to the City, and familiarity with
the City allows us to respond to emergency requests quickly, reliably, and cost-effectively. As a
small business, we maintain low overhead to provide our clients with highly qualified
environmental professionals at affordable rates. For the last 18 years we have completed our
projects for the City on lime and within or under budget.
D-Max does not take any exceptions to the RFQ or the requirements stated within. It is our
understanding that no addenda have been issued for the RFQ.
We are confident that our familiarity with the City of National City enables us to provide you with
superior service at the best value. We look forward to working with you on this project. If you
have any questions or would like to discuss this proposal in more detail, please feel free to
contact me at (858) 586-6600, extension 22.
Sincerely,
D-MAx Engineering, Inc.
Adaa,
Arsalan Dadkhah, Ph.D., P.E.
Principal
-17-
iLlarAvallX
Contact Information
D-MAx is a local environmental consulting firm that provides storm water and wastewater
services for municipalities. Our staff of 15 environmental professionals includes civil engineers,
environmental scientists, environmental chemists, and biologists who are experienced with the
NPDES permit requirements in Southern California. We are a State -certified small business
enterprise (SBE). D-MAX is organized as a California corporation.
Arsalan Dadkhah, Principal, is the contact person for this project. He can be reached at the
address and phone number or via email at arsalanPdrnaxinc.com.
Cemjpity Naarie
D-MAX Engineering, Inc.
7220 Trade Street, Suite 119
San Diego, CA 92121
858-586-66001858-586-6644
admin dmaxinc.com
Subcontractors
To better serve the City, D-MAx has also included several subcontractors as part of our team.
Dudek
Dudek will provide services in the areas of CEQNNEPA, Hazmat, and wastewater engineering,
working out of their Encinitas headquarters. Dudek is a diversified, multi -discipline firm with
professionals in biology, habitat restoration, environmental planning, regulatory compliance,
urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and
construction management. Founded in 1980 as a two -person wastewater engineering firm,
Dudek has grown to be one of the largest California -headquartered environmental firms with
more than 300 employees working in nine offices throughout the state.
Monitoring Support Services
EnviroMatrix Analytical, Inc. (EnviroMatrix) and Sierra Analytical Labs, Inc. (Sierra) will provide
laboratory analyses where needed. We have successfully worked with both on past monitoring
projects, and we have developed excellent relationships and negotiated discounted rates with
both Tabs. We are including two labs on our team since we have found each lab to have some
tests where it is cheaper than the other. Having both on the team allows us to provide the most
cost-effective service to the City. Both EnviroMatrix and Sierra are State -certified analytical
laboratories that have been involved in many storm water, wastewater, and Hazmat projects in
San Diego County. ADS Environmental is also on our team to provide flow meter equipment
and installation, as they are currently doing for the City's A Avenue grant project.
Additional Notes Regarding Subcontractor Selection
As a certified SBE, D-MAx recognizes the importance of working with other small or
disadvantaged -businesses. For this project, we identified CEQAINEPA and Hazmat services as
the main opportunities for subcontractor participation. To create our project team, D-MAx first
reviewed the CalTrans list of DBEs to identify a strong team member for the work in
CEOA/NEPA regulations and hazardous materials management and compliance. However, we
were unable to find a local DBE on the CalTrans list with the range of expertise required for
CEDA/NEPA and hazmat services, We also contacted the County Department of
Environmental Health and evaluated several additional businesses they identified, but we were
not able to identify a suitable DBE through that route either. While Dudek is not a DBE, through
our past experience with them, we know them to be flexible and responsive, and we are excited
to have them as part of our team.
SOQ for On -Call Project Support Services for National City's Capital improvement Program Page 3
-18-
Team Organization and Key Personnel
Our project team has extensive experience providing environment services to the City of
National City. Key personnel proposed for this project are listed below, and an organization
chart follows later in this section.
A saian Dadkhah, Ph.D., P.E, QSDAWP- Principai- in-Charge
Dr. Dadkhah is a civil engineer with over 30 years of engineering experience with an emphasis
on hydrology, hydraulics, and water quality. He has been working with the City of National City
since 1996.
Dr. Dadkhah has been the project manager of storm water programs and studies in San Diego
County since the issuance of the 1990 Municipal Permit and has been actively involved with
each Permit reissuance process since then. Dr. Dadkhah has managed numerous storm water
permitting and ronitoring projects and has extensive experience in preparing pollution
prevention and monitoring plans for industrial facilities and construction sites to comply with
NPDES Permit requirements. He has provided technical review services for Water Quality
Technical Reports subject to SUSMP and hydromodification requirements for the cities of
National City, Lemon Grove, and Santee. He also has experience in wastewater management,
including the preparation of a Sewer System Master Plan for the Central Davis Sewer District.
In addition to his work for southern California municipalities, he has managed storm water
quality studies for the Southwest Naval Stations in southern California, the cities of Phoenix and
Scottsdale, Arizona, and the City of El Paso, Texas.
John Quenzer, CPSWQ, QSD/QSP - Project Manager
Mr. Quenzer is an environmental chemist with 10 years of experience in storm water
management. He has been working with the City of National City since 2004.
Mr. Quenzer prepared the City's current Jurisdictional Runoff Management Program, the
document storm water program planning and guidance document. He has represented the City
in MS4 Permit negotiations, Total Maximum Daily Load sopping negotiations, and storm water
program audits with the Regional Board. He has also provided updates the City Council on
changes in storm water regulations and their implications for the City. He is responsible for
effectiveness assessment, monitoring, and conceptual LID design for the City's grant -funded A
Avenue green street project. He represents the City in its role as co -lead in the process to
develop the San Diego Bay Watershed Water Quality improvement Plan. He has reviewed
SUSMPs for the City and several San Diego County Copermittees. He has prepared storm
water program plans (JRMP) for seven cities in San Diego County, and he has prepared over
30 JRMP Annual Reports for the cities of National City, La Mesa, Santee, and Poway. He has
managed water quality monitoring programs for 11 San Diego County jurisdictions.
Jamie Richards, MS, CPSWQ - Storm Wafer Task Leader
Ms. Richards has a Master's in Marine Science and seven years of technical experience,
including four years working on storm water projects for D-MAx. She has worked on projects for
the City of National City since 2011.
Ms. Richards coordinates JRMP-related compliance activities for the City, including inspections,
follow-up and enforcement assistance, training, public education, data management, and
reporting. She has managed the preparation of an annual storm water educational calendar for
the past few years, which includes working with the National School District to put on an art
SOQ for On -Cali Project Support Services for National C3ty's Capital Improvement Program Page 4
-19-
contest for elementary school students to create art with educational messages about protecting
storm water quality. Ms. Richards recently developed a revised SSMP for the City of National
City. This included the review and revision of the SSOERP as well as other standard operating
procedures for SSO response and reporting according to regulations. She has trained City staff
on the new SSOERP procedures and on FOG inspection and enforcement procedures. She
has also completed industrial, commercial, municipal, and residential inspections for other San
Diego Copermittees, and she has completed dry weather monitoring and upstream source
investigations for several cities. She has written JRMP annual reports, Dry Weather Monitoring
Reports, and SUSMP technical reviews and prepared a Water Quality Management Pian for the
City of Temecula.
Tad Nakatani, MS, CPSWQ, QSDIQSP
Mr. Nakatani has a Master's in Biology and five years of storm water experience. He has
reviewed multiple SUSMP documents for the City and other jurisdictions, and he recently wrote
the SWPPP for the City's Public Works demolition and remediation project. Mr. Nakatani has
managed databases for storm water compliance inspection programs and supervised field
inspections for both industrial/commercial and treatment control BMP programs. He developed
data requirements and tested system functionality for the industrial/commercial and treatment
control BMP inspection programs as part of the City of San Diego's transition to an inter-
departmental SAP database system. He also manages all dry weather monitoring data
collected by D-MAx. He created SWAMP -compatible geodatabases of historical water and
sediment quality data for the Buena Vista Watershed data compilation project and has
performed GIS analyses in support of numerous inspection programs, including a geographic -
based watershed activity inspection program for the City of San Diego.
Manouchehr Dadkhah, Ph.D.
Dr. Dadkhah has a doctorate in watershed science and has more than 25 years of experience in
hydrology, erosion control and watershed management. He has completed Dry Weather
Monitoring Programs and special studies in the City of National City for the past 13 years and is
very familiar with the City's drainage system, flow patterns, and likely pollutant sources. He has
led field teams for numerous water quality monitoring programs in 11 cities since 2000. He has
conducted follow-up and source identification studies and additional special studies, including
surface water, MS4, and groundwater monitoring, for a several cities in San Diego County.
Brianna Martin
Ms. Martin is an environmental scientist with lour years of experience in storm water monitoring.
She has led field work and reporting for water quality monitoring programs for County of San
Diego and the cities of National City, El Cajon, Carlsbad, Chula Vista, La Mesa, Lemon Grove,
Poway, San Marcos, and Santee. She has coordinated field crew activities, Including sampling,
field analytical testing, conducting visual observations, and trash assessments. Ms. Martin took
field samples for the City of National City as part of the underground storage tank removal
process for the former bus yard adjacent to the Public Works yard. She designed and is
currently managing a special study to remove Paradise Creek from the State's list of impaired
water bodies. She has also performed field work and reporting for wet weather monitoring at
the City of Poway's detention basins and Public Works Material Handling Yard and at the Del
Mar Fairgrounds. These projects included sampling, field parameter testing, conducting visual
observations and site BMP inspections, and assistance with General Industrial Permit
compliance.
SOO for On Call Project Support Services for National City's Capital Improvement Program Page 5
-20-
Kimberly Corbilla
Ms. Corbilla is an environmental scientist with four years of experience in storm water projects.
She has performed thousands of storm water inspections of industrial and commercial
businesses, treatment control BMPs, construction sites, and municipal facilities for the City of
National City and other San Diego County Copermittees. She has also conducted FOG
inspections for the cities of National City, Vista, and Carlsbad. Ms. Corbilla has conducted field
water quality sampling and upstream pollutant source investigations for many San Diego
Copermittees.
Nicole Peacock, PE, PG, REA (Dudek) — Hazmat Task Leader
Ms. Peacock has over 13 years' environmental engineering and geology experience and has
performed numerous tasks dealing with hazardous waste investigation and remediation
projects. Responsibilities includesoil, soil vapor, and groundwater investigation and
remediation; Phase J and II Environmental Site Assessments (ESAs); litigation support and cost
allocation among potentially responsible parties for hazardous waste sites; landfill monitoring;
and school site assessments.
Carey Fernandes, MA, AICP (Dudek) — CEQAINEPA Task Leader
Carey Fernandes has a Master's in Public Administration and is a senior project manager at
Dudek with more than 15 years' professional planning -related experience. She has specialized
in the planning, environmental, and development industries. Her diverse background of
education and experience includes permit processing with local jurisdictions, coordination with
public agency staff, preparation of CEQAINEPA documents, project management, due
diligence, and feasibility analysis. She has worked on a number of planning documents, such
as specific plans, comprehensive plans, and general plan updates. In addition, she has served
as on -cal] planning staff for several public agencies. She has also served as project manager
and primary author of many environmental review documents throughout San Diego and
Imperial counties.
Michael Metts, PE (Dudek)
NJr. Metts is a civil engineer with over thirty years of experience as a professional engineer,
including twenty years working in southern California. He has managed a multitude of
engineering projects consisting of systems analysis, computer modeling, planning, and design
of water, wastewater, and reclaimed water facilities. Mr. Metts' project experience
encompasses the evaluation and expansion of existing facilities as well as the design of new
facilities. Mr. Metts served as principal -in -charge for the Salt Creek Gravity Sewer Interceptor
project in Chula Vista where he worked with City of Chula Vista staff to develop an alternative to
resolve a capacity issue. Dudek's innovation produced a new approach that saved the City of
Chula Vista approximately 2 million dollars in construction costs and the project was awarded
APWA Project of the Year. Mr. Metts also served as the project manager for the rehabilitation
of approximately 38,000 linear feet of sewer pipeline for the City of San Diego which included
evaluation, preparation of final plans and specifications, bid assistance, and environmental
documentation.
Vipul Joshi (Dudek)
Mr. Joshi is a senior project manager any, ecologist at Dudek with over 13 years' professional
experience specializing in natural resources management planning. He has a background in
botanical surveying, permit acquisition, and permit compliance. He is experienced with
Southern California flora and environmental regulations. Mr. Joshi has specific experience with
CEQA processing with a variety of local jurisdictions; state and federal Endangered Species Act
permit processing; wetlands permitting, including nationwide and individual permits from the
SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 6
-21-
�r.Inrs7s
U.S. Army Corps of Engineers; and management of permit compliance. He also has conducted
biological surveys, vegetation mapping, wetlands delineation, vernal pool identification, vernal
pool watershed mapping, and general biological assessment of functions and values.
Bryn Evans, CPSWQ (Dudek)
Mr. Evans has over 15 years of experience in project management and technical oversight of
environmental monitoring programs, water resource management, storm water monitoring and
management, best management practices design and effectiveness assessment, and
ecosystem restoration. Mr. Evans has served as project manager and task leader on projects
for clients such as CalTrans, the cities of San Diego and Newport Beach, and the Los Angeles
Department of Public Works. Projects have included management, coordination and completion
of sampling, analysis and reporting of multi -media sampling and monitoring programs,
watershed assessments, source identification and evaluation of mitigation/reduction of impacts
due to urban runoff, and environmental restoration projects.
An organization chart is presented on the following page. It highlights the various components
of as -needed assistance and indicates the D-MAx task leads. in addition to the key staff, D-MAx
has a large tears of trained staff available to assist in sampling, inspections, and other tasks that
may be needed,
SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 7
-22-
Project Organization Chart
CITY OF NATIONAL CITY
sil,Mello
PEW ITALNI:Iii0C;
Ri li Li 11,10
t 1) 1,1 * n,.rn
17,0,11.t<?'.;',IT I r t' ,ar1;r[rp Iy
I L)T-,ri-
S 5 '1a11'0, IT
.Axeatan Dadldtah; PhD,1'E, QS
Ted Nakata ti, CPSWO, c b
err T+,t,tr:Mrrl
jamieRicbards, CPSWQ
Manouchihr U)dkhah, Ph,D. (Montt ring)
Tod Nakatoni, CPSWQ, [fie ling,
Fermi#tktg}
nrianra.hcartin ti44onitoring, Ber*rg)
KimbeTty CnrbiNa (Inspections}
Arn91artDacicItahPM FE,i 3D
Jamie Richards. CPSWQ
Michael Metis113 (Daddk)
Kintherly Corbilla
CIsvon ki. 1 c-1:1IAliJtI J
Niter Peacock, P$ PG, REA (Dudaki
Bryn Evans, C PSWQ (Dudek)
ManouchehrDDdkhah, F'hlj
i'i!1ti: 5rI'ITaTSrH.I'Ici': }
SOQ for On -Calf Project Support Services for National City Capital Improvement Program
Page 8
..E11.,..
111•1—_VP
—
Experience and Technical Competence
D-MAx is proposing to assist the City of National City in two disciplines listed in the RFQ:
II Environmental Engineering, Planning, and Design (including CEQA/NEPA, SUSMP and
Water Quality Technical Reports (WQTRs), SWPPP, and Stormwater LID measures)
lS Environmental Compliance (Stormwater, Wastewater, FOG and Hazmat — regulatory
permitting, compliance monitoring, inspections and reporting)
Because many of our contracts include work that is related to both disciplines in the RFQ, the
table below summarizes the scope of services for each project. Projects are then discussed in
more detail in the following pages.
SOQ for On -call Project Support Services for National Citys Capital Improvement Program Page 9
-24-
Summary of Example Projects
Agency
9 'n
City of
National City
Projectsr�
Storm Water and Wastewater Management
Services: Comprehensive storm water services
including SUSMP document view, SWPPP preparation
for CIPs, grant assistance for storm water LID projects,
JRMP development, JRMP and WURMP annual report
preparation, dry weather and MS4 outfall monitoring,
special studies, data management, inspections, and
representing the City in meetings with the RWQCB.
RFC Discipline:
r nrr�tNIT�
a -id Geri r
. SUSMPIWQTR
• SWPPP
. Storm water LID
RFQDis�cipline..
5.;
1
Con rrl,urie
• Storm water
• Wastewater
• FOG
• Compliance
monitoring
• Inspections
• Reporting
• Permitting
Contact info
Mr. Stephen
Marrganiello
1 National City Blrni.
National City, CA 91950
(619) mo-4583
Project Dates
Contract
valeo
1996 — present
$300,000
(Annual)
Santee
_
Storm Water Services: Dry weather and MS4 outfall
monitoring, JRMP development, JRMP annual report,
and review of WQMP development submittals, including
for hydromodifrcation.
• SUSMPIWQTR
• SWPPP
• Storm water
• Compliance
monitoring
• Inspections
• Reporting
• Permitting
• Storm water
• Compliance
+monitoring
Inspections
• Reporting
• Permitting
Mr. John Keane
10601 Magnolia Ave,
Santee, CA 92071
(619) 258-4100 ext. 1E9
1996 — pre: ent
'
$36,000
(Annup )
$60,t1�d
Annua
City of Poway
Storm Water Services; 1997-2012 Dry Weather
Mon'toring Programs, JliMP Development, Sampling
and Monitoring, SWPPP preparation, SUSMP reviews
•SUSMP
. IWQTR
SWFsPP
Mr. Steven Strapac
13325 Ci�1lc Center Dr.
Poway, CA 92064
(858) 668-4653
1997 -
City of La
Mesa
Storrn Water Services: Dry weather and MS4 outfall
monitoring, SUSMP reviews, JRMP development,
JRMP annual report, watershed man
p° agement fo"�ed
strategic plan
• SUSMPMIQTR
• Storm water
• Compliance
monitoring
• Inspections
• fteporling
Mr. Joe Kuhn
8130 Allison Ave.
La
(619) 667-1340
1996 -- present
$30 000
SOQ for On -Call Project Support Services for Nattnal City's Capital improvement Program
Page 10
C �6
.M11,11MrMI.Q
Agency
City of San
Diego
San Diego
Unified Port
District
(Dudek)
Helix Water
District
(Dudek)
Projects
Storm Water Compliance Inspection Program:
Industrial/commercial inspections, WURMP special
study, and treatment control BMP inspections, including • SUSMP!WQTR
prioritized inventories, database development, site
inspections, and reporting and responses to RWQCB.
RFQ Discipline:
Er:�;r;rcr�mMr;_I
Ei cir.ces nFl ruin
and .1•c;gr
Chula Vista Bayfront Master Plan EIR: ER
preparation, comment response, mitigation monitoring
and reporting program.
City of Chula
Vista (Dudek)
A -Needed Hazardous Materials Services; Ongoing
hazardous materials management, emergency
response and hotine maintenance, soli sampling,
remediation,
• CEQNNEPA
City of Chula Vista Salt Creek Interceptor Project:
Planing and designfor constructing a 15-mile, 42-inch
diameter wastewater pipeline udth a preferred alignment
through a nature reserve
N/A
RFC_17i5cipiine;
En i onn nil ii
Curl' p `HI,[;�.
• Storm water
• inspections
• Reporting
N/A
• GEQAINEPA
• HAZMAT
• Compliance
monitoring
• Reporting
Contact info
Mr. Andre Sonksen
9370 Chesapeake Dr.
Ste 100 MS 1900
San Diego, CA 92123
(619) 541-4317
Ms. Leslie Nishihira
Port of San Diego
3165 Pacific Highway
San Diego, CA 92101
(619) 686-7269
• Wastewater
Project Dales Contract
Value
2004 -- present $1,1681880
(Annual)
2007-2011
Ms. Susen Lionbrava
7811 University Ave.
La Mesa, CA 91942
(619) 466-0585
1800 Maxwell Rd.
Chula Vista, CA 91911
(619) 397-6111
2013 - present
2000-2004
$1,090,000
$4,000
(To Date)
$1,140,000
SOQ for On -Gail Project Support Services for National City's Capital Improvement Program
Page 11
LABOR
Classification
Clerk*
Word Processor*
Drafter*
Technician*
Senior Technician*
Staff Scientist/Engineer
Staff Scientist/Engineer Il
Assistant Project Scientist/Engineer
Project Scientist/Engineer
Senior Scientist/Engineer
Principal Scientist/Engineer
SCHEDULE OF FEES
January 1, 2014
Hourly Rate
$ 50
60
70
70
80
88
95
110
120
130
155
* Overtime (in excess of 8 hours per
day) and weekend hours will be charged
at 1.5 times the above rates for non-
exempt personnel.
Field and hourly services will be
charged portal to portal from our office,
with a two-hour minimum.
Appearance as expert witnesses at
court trials, mediation, arbitration
hearings and depositions will be
charged at $200lhour, Time spent
preparing for such appearances will be
charged at the above standard hourly
rates.
SF-1
MINIMaa-IMUMIL
—
MI WEI
on -a—
wIIIE *�
OTHER CHARGES
Subconsultant services will be charged
at cost. Other project -specific costs,
such as rentals, outside testing,
expendable or special supplies, special
project insurance, permits and licenses,
shipping, subsistence, tolls and parking,
outside copying/printing, etc., will be
charged at cost plus 15%. Mileage will
be charged at the current IRS rate.
Client will be responsible for any
applicable taxes in addition to the fees
due for Services.
27-
DUDEK
2014 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director $25OA01hr
Principal Engineer III $220,00Jhr
Principal Engineer II $210.00Jhr
Principal Engineer 1 $20D,00/hr
Program Manager $200.DOIhr
Senior Project Manager $190.D0/hr
Project Manager . . $185.00Jhr
Senior Engineer 111 $180.00/hr
Senior Engineer 11 $17D.00Ihr
Senior Engineer I $160,OOIhr
Project Engineer IV/Technician IV $150.0D/hr
Project Engineer 111JTechnician III $135.00/hr
Project Engineer II/Technician II $120.00/hr
Project Engineer I/Technician I $105.00/hr
Project Coordinator $85.00/hr
Engineering Assistant $75.00/hr
ENVIRONMENTAL SERVICES
Principal $225.00/hr
Senior Project Manager/Specialist II.. $210.00/hr
Senior Project Manager/Specialist I $200.00/hr
Environmental Specialist/Planner VI $180.00lhr
Environmental Specialist/PlannerV $160.00/hr
Environmental Specialist/Planner IV $150,00/hr
Environmental Specialist/Planne rill $14D.00Jhr
Environmental Specialist/Planner 11 $130.DO/hr
Environmental Specialist/Planner I $120.00Jhr
Analyst $100.00/hr
Planning Research Assistant $80,O01hr
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner]] $210.00/hr
Senior Project Manager/Coastal Planner 1 $200.00/hr
Environmental Specialist/Coastal Planner VI.... $190A0Jhr
Environmental Specialist/Coastal Planner V $170.00/r
Environmental Specialist/Coastal Planner IV $160.00/hr
Environmental Specialist/Coastal Planner III $150.00Jhr
Environmental Specialist/Coastal Planner II $140.00/hr
Environmental Specialist/Coastal Planner I $130.0DIhr
ARCHAEOLOGICAL SERVICES
Senior Project Manager/Archaeologist 11 $210.0D/hr
Senior Project Manager/Archaeologist I $200.00/hr
Environmental Specialist/Archaeologist VI $180.00/hr
Environmental Specialist/Archaeologist V $160.00/hr
Environmental Specialist/Archaeologist IV $150.00/hr
Environmental Specialist/Archaeologist III $140.D0Jhr
Environmental Specialist/Archaeologist II$130.001hr
Environmental Specialist/Archaeologist 1 $120,00Ihr
Archaeologist Technician It $70.D01hr
Archaeologist Technician I $50.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager $195.00/hr
Senior Construction Manager $180.00/hr
Senior Project Manager $160.00/hr
Construction Manager $150.00/hr
Project Manager $140.00Ihr
Resident Engineer $140.00/hr
Construction Engineer $135.00Ihr
On -site Owner's Representative $130.00/hr
Construction Inspector 111 $125.00/hr
Construction Inspector 11 $115.00/hr
Construction Inspector I $1 D5.0D/hr
Prevailing Wage Inspector $135.00/hr
COMPLIANCE SERVICES
Compliance Director $200.00/hr
Compliance Manager $140.0D/hr
Compliance Project Coordinator $100.001hr
Compliance Monitor $90.00/hr
HYDROGEOLOGICAL SERVICES
Principal .. $235.00/hr
Sr. Hydrogeologist Ill/Engineer Ill $200.00/hr
Sr. Hydrogeologist tl/Engineer II $1S0.00lhr
Sr. Hydrogeologist I/Engineer I $165.00lhr
Hydrogeologist %/Engineer V $150.00/hr
Hydrogeologist IV/Engineer iV $130.00/hr
Hydrogeologist Ill/Engineer I11 $120.00/hr
Hydrogeologist tlJEngineer II $110.0D1hr
Hydrogeologist 1/Engineer I $100.00/hr
Technician $100.001hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager $175.00/hr
District Engineer $160.00Jhr
Operations Manager $150.00/hr
District Secretary/Accountant $85.00lhr
Collections System Manager $95.00/hr
Grade V Operator $100.00/hr
Grade IV Operator $85.00/hr
Grade 111 Operator $80.001hr
Gracie11 Operator $63.001hr
Grade 1 Operator $55,001hr
Operator in Training $40.00lhr
Collection Maintenance .Worker 11 $55.00Ihr
Collection Maintenance Worker I $40.001hr
OFFICE SERVICES
Technical/Drafting/CADD Services
3D Graphic Artist $150,00Jhr
Senior Designer $135.00lhr
Designer . . . $125.ODJhr
Assistant Designer $120.00/hr
GIS Specialist IV $150.OD/hr
GIS Specialist I11 $140,00lhr
GIS Specialist II $130.00/hr
GIS Specialist I $120.00Jhr
CADD Operator III $115.00/hr
CADD Operator II $110.00lhr
CADD Operator! $95.00/hr
CADD Drafter $55.00/hr
CADD Technician $75.00Jhr
SUPPORT SERVICES
Technical Editor III $140.00/hr
Technical Editor II $125.00Jhr
Technical Editor! $110.00/hr
Publications Assistant III $100.00lhr
Publications Assistant II $90.00/hr
Publications Assistant I $80.00/hr
Clerical Administration II $50.00/hr
Clerical Administration I $75.00/hr
Forensic Engineering - Court appearances, depositions, end interrogatories as uteri
witness will be billed et 2.00 times normal rates.
Emergency and Holidays - Minimum charge of two hours will be billed al 1.75 limes the
normal rate.
Material and Outside Services - Subcontractors, rental of special equipment, special
reproductions and b]ueprinbng, outside date processing and computer services, etc., are
charged et 1.15 times The direct cast.
Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay
Is involved is charged at cost
Invelces,Lata Charges. - All fees will be billed to Client monthly and shall be due and
payable upon receipt. Invoices are delinquent If not paid ?Min thirty (30) days from the
date of the Invoice. Client agrees to pay e monthly late drerge equal to one percent (1 %)
per month of the outstanding balance until paid In full.
Annual Increases -Unless Identified otherwise, these standard rates wit increase 3% annually,
DUDEK
-28-
Effective January 1, 2014
,FIRM OVERVIEW EW; CONTACT JNFORIV!AT1ON
Dudek is an employee -owned, privately held firm,
established in n San Diego County in 1980. Our services are
tailored to local public agencies that plan, design, construct,
and manage public infrastructure, such as the City of
National City (City).
Dudek is a diversified, multi -discipline firm with
professionals in biology, habitat restoration, environmental
planning, regulatory compliance, urban forestry, hazardous
materials remediation, civil engineering, hydrogeology, and
construction management.
DUDEK AT A GLANCE
Engineering News Record Top
200 U.S. Environmental Firms
(2008-2013)
San Diego Business Journal #1
San Diego Environmental
Consulting Firm (2007-2012)
Currently provide as -needed
services to over 60 California
public agencies
Founded as a two -person wastewater engineering firm, Dudek has grown to be one of the
largest California -headquartered environmental firms with more than 300 employees
working in nine offices throughout the state. Dudek is an employee -owned company with
33 consecutive years of profitability and no debt. The firm is headquartered in Encinitas,
California with over 200 employees working in San Diego County. Frank Dudek, the firm's
founder, serves as president.
irra.�'s CompIQte Legal
Name awl Address
Legal Fta-ni of C mpany
Address of Office from
Inalhh icta Work Will be
Pr rf¢r¢Infu€1
TABLE 1: FIRM INFORMATION
Dudek
605 Third Street
Encinitas, California 92024
is Califidmia Corporation
645 Third Street
i Encinitas, California 92024
DUDEK'SNTi IUT! ONAAEj1f1EIVT DIVISION
Dudek's construction management professionals specialize in public infrastructure and
building projects, and private -owner development projects_ We employ project managers,
inspectors (including special inspectors), resident engineers, administrative personnel, and
specialty staff who blend technical knowledge with a commitment to meeting client needs.
Mr. George ILitzinger, P.E., started the construction management division in 1985. Since
then, our team has managed complex projects involving multiple stakeholders such as
regulatory agencies, contractors, consulting firms, and municipal agencies.
AREA FAMiL1AR1TY AND EXPERIENCE
Dudek has extensive experience providing construction management and inspection
services in San Diego County, most recently providing as -needed services to the cities
of San Diego, Poway, and San Marcos. Consequently, Dudek has an excellent rapport
with County and neighboring City's departments and utility companies that service the
area, which will be an asset on the City's upcoming projects. Through our work in the area,
-29-
FIRM BACKGROUND AND EXPERIENCE
Dudek has worked with many of the local contractors that will be bidding on the
construction of the City's various projects. The expertise of our construction management
team and knowledge of the construction process and procedures gives our team a
thorough knowledge of the construction climate in the area and the ability to successfully
serve the City.
Serving as our client's advocate during construction projects, we combine detailed
construction and engineering technical knowledge with a commitment to achieve a finished
project that meets client's expectations.
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
Project management
Construction coordination
Canstructability reviews
Specification preparation and
bidding services
Inspection/special inspections
Construction quality
assurance/quality control
Document control
• Scheduling
Contract administration
Claims avoidance and negotiation
Cost estimating
Forensic evaluation
Expert witness services
Public outreach
Federal funding reimbursement
DUDEE: 'f►IRONlwflENTA ,' !VISION
We provide environmental planning, permitting, associated technical studies and long-term
environmental mitigation —often in partnership with large transportation engineering and
construction firms —on a variety of projects, including highways, rail lines, ports and
airports.
Our environmental documents address specialized approaches to avoid or minimize
impacts to sensitive habitat and special -status wildlife resources that are often impacted by
linear transportation projects. Through our established relationships with municipal, state
and federal clients and resource agencies, we understand California's complex permitting
expectations and hurdles, and are skilled at developing tailored approaches to difficult
projects.
Our engineering and construction management staff support our environmental team
during the permitting process and provide site engineering and construction services on an
as -needed, extension -of -staff basis to municipalities.
ENVIORMENTAL SERVICES
K, Environmental Engineering
Planning and Design
CEQAINEPA
SUSMP
Water Quality Reports
Stormwater LID
SWPPP assurance/quality control
Biological Studies
Pemitting- Coastal, Endangered
Species, Wetlands
Regulatory Compliance
Wastewater
-30-