HomeMy WebLinkAbout2003 CON D-Max Engineering - Services for Urban Runoff ProgramORIGINAL
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
D-MAX ENGINEERING, INC.
THIS AGREEMENT is entered into this 1 lth day of November, 2003, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max
Engineering, Inc. (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City
with engineering and environmenatal services and to assist complying with the National
Pollutants Discharge Elimination System (NPDES) permit requirements.
WHEREAS, the CITY has determined that the CONTRACTOR is eligible, and is
qualified by experience and ability to perform the services desired by the CITY, and the
CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit "A".
The CONTRACTOR 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 CONTRACTOR shall appear at meetings cited 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 CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compi-nsation associated with said change in services, not to exceed a factor of 25% from the
base amount.
Revised 5/2001
3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar
hereby is designated as the Project Coordinator for the CITY and will monitor the progress and
execution of this Agreement. The CONTRACTOR shall assign a single Project Director to
provide supervision and have overall responsibility for the progress and execution of this
Agreement for the CONTRACTOR. Arsalan Dadkhah thereby is designated as the Project
Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR 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 the schedule given in Exhibit
"B" (the Base amount) without prior written authorization from the City. 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 CONTRACTOR 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. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "C".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR 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 upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright
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 CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S
written work product for the CITY' s purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
2 Revised 5/2001
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR 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.
7. INDEPENDENT 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 CONTRACTOR nor the
CONTRACTOR'S employees are employee 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 CONTRACTOR and
the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent
that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any
manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR,
its agents, servants, and employees are as to the CITY wholly independent contractors and that
the CONTRACTOR' s obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, 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 CONTRACTOR, and each
of its subcontractors, shall obtain and maintain a current City of National City business license
prior to and during performance of any work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the
3 Revised 5/2001
term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under
similar conditions and in similar locations. The CONTRACTOR shall take all special
precautions necessary to protect the CONTRACTOR's employees and members of the public
from risk of harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmaental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONTRACTOR's professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR 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 CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR 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.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against 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 CONTRACTOR 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 CONTRACTOR 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.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such `inthrmation, even within its own organization, to the extent necessary to perform the
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Revised 5/2001
services to be provided herein. The foregoing obligation of this Section 13, 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 CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR 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.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to 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 CONTRACTOR'S negligent
performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR 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 CONTRACTOR under this Agreement.
16. INSURANCE, The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following 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 ,non -owned
vehicles.
5
Revised 5/2001
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property damage
arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT'S
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. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
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.
J. 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 CONTRACTOR 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.
employees.
17. 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 judgement 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.
18. 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,
6
Revised 5/2001
or relating to, this Agreement, or breach thereof, which is not regolved 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.
19. 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 CONTRACTOR. During said 60-day period the CONTRACTOR 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
CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR 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 CONTRACTOR's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. 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,
7
Revised 5/2001
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To the CITY:
Stephen M. Kirkpatrick
Acting Director of Public Works/Engineering
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: Arsalan Dadkhah
Project Manager/Principal
D-Max Engineering, Inc.
8380 Miramesa mall, Suite 222
San Diego, 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.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR 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 CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR 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
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR 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.
The CONTRACTOR shall comply with all of the reporting requirements of the
Political Reform Act and the National City Conflict of Interest Code. Specifically, the
CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of
National City in a timely manner on forms which the CONTRACTOR shall obtain from the City
Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all dam;:tges, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
8 Revised 5/2001
22. 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
accordance with the laws of the State of California.
I. 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.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. 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.
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Revised 5/2001
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
Nicho as t .% ayor
APPROVED AS TO FORM:
/" fir'
George H. Eiser, III
(Contractor)
(Two signatures required)
By: & 4 old-0 ' v
* By:
(Name) /
frecide0
(Title) 7
(Name)
City Attorney (Title)
* See attached letter dated November 3, 2003.
10
Revised 5/2001
D-MAx Engineering, Inc.
Consultants in water & environmental sciences
November 3, 2003
Mr. Din Daneshfar
City of National City
Engineering Department
1243 National City Boulevard
National City, CA 91950
Subject: Corporate Resolution
Dear Mr. Daneshfar:
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Please be advised that I serve as the President and the Secretary of D-MAx Engineering,
Inc., a Califomia corporation. I am legally authorized to sign documents on behalf of the
company as the President and the Secretary.
Sincerely,
D-MAx Engineering, Inc.
azea ladaZ
Arsalan Dadkhah, Ph.D., P.E.
President
D-MAx Engineering, Inc.
Consultants in water & environmental sciences
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EXHIBIT "A"
Scope of Services
The scope of the services for this project will include but not limited the following tasks:
Project Coordination. Provide all project coordination necessary to perform the work for
the City's National Pollutants Discharge Elimination System (NPDES) program
implementation. Project coordination will include biweekly/monthly project status meetings
with the City of National City and other related agencies for the duration of this contract.
Also included in the program coordination is:
• Management of the program kick-off meeting and all necessary meetings with
other concerned and involved agencies and community groups.
• Management of all project -related meeting, including agenda and meeting
minute preparation and distributions.
Review the City Storm Water Documents. The purpose of this task is to update us with all
of the City's storm water implementation activities. This task will include reviewing the
following documents:
• The City Of National City JURMP
• The City's first year JURMP annual report
• The RWQCB comments on the City's annual report
• The City's responses to the RWCQB comments
• Results of the City's audit by EPA and RWQCB
• The City's Standard Storm Water Mitigation Plan Checklist Review
• All correspondences with RWQCB
Update the City's JURMP. Upon our in-depth review of the City's JURMP we will
propose the required updates to the City. Once approved by the City, we will update the
appropriate sections. Sections that may be updated include a list of the construction sites,
changes in industrial/commercial facilities information based on the latest inspections, and
land use planning requirements.
8380 Miramar Mall ■ Suite 227 • San Diego, CA 92121 • (858) 455-9988 • Fax (858) 455-9978
City of National City
October 9, 2003
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This task will also include re-evaluating of the industrial facility priority list. The criteria for
classification will include the type of industrial activity (SIC codes), material used in
industrial processes, waste generated, pollutant discharge potential, size of the facility,
sensitivity of the receiving water, proximity to the receiving water, non -storm water
discharges, whether the industrial site is subject to the Statewide General Permit and any
other relevant factors.
We will re-evaluate the existing industrial facility list based on the above criteria to identify
the priority of the existing industrial facilities.
Data Management. In order to facilitate annual reporting, and to manage the JURMP
inspection program on a day-to-day basis, data must be tracked and stored in a reliable, easy -
to -use manner. There are two basic types of information that must be gathered and collected
regarding storm water compliance inspections: inventories of facilities and inspection
information.
D-MAx has created a database using Access that is capable of storing, managing, and
manipulating this data. A custom database will be designed for the City of National City to
meet the City's individual needs. We have previously used this data management system
with seven other municipalities and received positive comments from the cities. The
database will incorporate the City's business license data and contact information for all of
the businesses that are subject to inspection. In this program, blank electronic inspection
forms are developed for each business and completed once the actual inspection is finished
We will tailor the database to accommodate the City's existing collected data and future
data.
Assist In City's Compliance Inspection Program. We will assist the City compliance
inspection team with the following services:
• Preparation of the appropriate municipal, construction, industrial and commercial
forms
• Assist in field inspections
• Provide assistance in data entry into databases
SUSMP Implementation. We will assist the City in reviewing and evaluating the
construction application projects including the following services
• Assistance in complying with requirements of the Standard Urban Storm Water
Mitigation Plan (SUSMP)
• Review the erosion and sediment control plans
• Review the submitted storm water pollution prevention plans (SWPPP)
City of National City
October 9, 2003
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• Assistance in selecting and implementing BMPs
• Conduct educational presentations as required in Section 9 of the City's JURMP
• Prepare construction SWPPPs for the City Capital Improvement Projects
Land Use Planning For New Development And Redevelopment
The municipal Permit requires the Copermittees to:
• Assess their General Plan
• Modify the development project approval process, including developing a Model
SUSMP
• Revise environmental review process
• Conduct an educational effort focused on new development and redevelopment
We will work with the City Planning Department to ensure the above requirements have
been met.
Review the City Storm Water Ordinance. We will review the City Storm Water
Ordinance to ensure compliance with the Municipal Permit. Additionally, the Permit
requires each Copermittee to review and update its grading ordinances to require
implementation of BMPs and other measures during construction activities.
We will prepare a list of requirements for the City staff in order to modify the City storm
water ordinance and grading ordinances.
Dry Weather Analytical Monitoring and Field Screening. This task will include
conducting one round of field screening in accordance with the requirements of the
RWQCB Municipal Permit. The objective of this program is to detect and eliminate illicit
connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of
human activities on receiving water bodies. The City of National City has identified 15
primary monitoring stations where data will be collected during the dry weather analytical
and field screening monitoring program. This task will include the followings:
Visual Observations: Visual observations include looking for evidence of dry
weather flows such as staining, corrosion, sediment, surrounding vegetation, algae,
mosquito larvae, insects, rodents and other animals in the vicinity of the outfall. .
Field Analysis: At each site the flow and its temperature will be measured and a
sample will be taken for field analyses of the following parameters:
■ Specific conductance
• Temperature
• Turbidity
■ pH
■ Reactive Phosphorus
■ Nitrate Nitrogen
■ Ammonia Nitrogen
City of National City
October 9, 2003
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• Surfactants (MBAS)
Analytical Monitoring: Water samples from 25 percent of the sites where ponded or
flowing water is observed, will be collected and submitted to a California
Department of Health Services certified laboratory for analysis of the following
constituents:
• Total hardness
• Surfactants (MBAS)
• Oil and grease
• Diazinon and Chlorpyrifos
• Cadmium (Dissolved)
• Copper (Dissolved)
• Lead (Dissolved)
• Zinc (Dissolved)
• Enterococcus bacteria
• Total Coliform bacteria
• Fecal Coliform bacteria
Preparation of a Summary Report: At the conclusion of the field screening
program, a report will be prepared to summarize the observations and the results of
the study. The report will include our interpretation of the field data and test results
as to the possible presence of IC/Ids.
Follow -Up Investigations. During the dry weather field screening program if field
investigations do not reveal a specific source of contamination, or if the results of the
laboratory analysis indicate presence of pollutants in excess of action levels, further
investigation will be conducted which may include the following steps:
• Tracing flows or discharges upstream
• Conducting field screening sampling
• Contacting dischargers
• Sampling for laboratory analysis
• Documenting source investigations
At the conclusion of the follow-up investigations a summary report will be prepared
summarizing the findings, conclusions and recommendations.
Preparation of JURMP Annual Report. As a requirement of the Municipal Permit, the
City must produce an annual report to the RWQCB detailing the activities that have been
conducted during the previous reporting period to reduce pollutants in urban runoff. The
JURMP Annual Report serves to document the activities that the City has conducted during
the past reporting period of July 1, 2002 through June 30, 2003. In order to prepare the
required report we will conduct the following:
Coordinate Information Transfer with City personnel
City of National City
October 9, 2003
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Contacting several City departments to acquire information on the program
implementation and special activities carried out through the year. We will have initial
meetings with responsible personnel at each department to prepare a plan for receiving
information regarding the implementation of the City's JURMP. We will stay in contact
with the City's departments thereafter. Pertinent information will be acquired under this
task to be used in the report.
Prepare Annual JURMP Report
This task includes the preparation of the Annual JURMP Report in accordance with the
Municipal Permit Section I. This includes addressing the following:
• Comprehensive Description of Activities
Land -Use Planning
Construction
Existing Development
Education
Illicit Discharge Detection and Elimination
Public Participation
Assessment of JURMP Effectiveness
Fiscal Analysis
• Documentation/Accounting of Activities
Illicit Discharges Report
Inspections Conducted
Enforcement Actions
Education Efforts
• Public Participation Mechanism
• JURMP Revisions
• Special Investigations
• Budget
• Ineffective Management Measures
• Identification of Water Quality Improvements
• Copermittee Collective Activities
Training and Education. D-MAx will conduct educational workshops at the City's request
to target audiences identified in Section 9 of the JURMP document. Educational content will
cover a variety of topics related to storm water quality and watershed concepts listed in
Section 9.2 of the JURMP and be tailored to each specific audience. Suggested workshops
and target audiences include the following:
Planning and Public Works/Engineering Departments
City of National City
October 9, 2003
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The goal of this workshop will be to inform the Planning and Engineering
Departments of general concepts listed in Section 9.2 and to address new
Permit requirements relevant to each department. The Permit requires changes
in land -use planning and engineering aspects of new development and
redevelopment projects within the City, including the implementation of the
City's Standard Urban Storm Water Mitigation Plan.
The workshop will be targeted towards public works employees and will also
cover the general concepts of Section 9.2, and further address changes in
public works operations required by the Municipal Permit. Such changes include
construction site management requirements and implementation and
maintenance of best management practices.
Construction Inspectors
The educational workshop for construction inspectors will include general
concepts listed in Section 9.2 and additionally cover such topics as BMP
implementation and maintenance, good housekeeping measures, site
inspections and inspection frequency.
School Students
We will assist the City in providing training workshops for school students. The
topics for these workshops include the source of pollutants, the impact of
pollutants on the receiving water bodies and BMPs to prevent the pollutions.
Additionally we assist the City staff to develop educational pamphlets to be sent to
residential, industrial and commercial facilities, preparing articles to be published in the
local newsletters.
Assessment of Program Effectiveness. The County of San Diego in association with
assessment work group has developed some methodologies for assessing the effectiveness of
the storm water program. These methodologies require gathering and presenting all the
information of the copermittee's activities including BMPs and identifying expected effects
on the storm water pollution prevention. We will assist the City to evaluate the effectiveness
of the City's program in accordance with the County and work group proposed
methodologies.
Watershed Urban Runoff Management Programs. City of National City is located within
the San Diego Bay watershed. The Municipal Permit requires each Copermittee to
collaborate with other Copermittees within its watershed to identify and mitigate the highest
priority water quality issues/pollutants in the watershed.
D-MAx will attend the watershed Copermittees on behalf of the City of National City and
conduct the group requirements per the City instructions.
Representing The City in Various Meeting. D-M x will represent the City of National City
in various meeting including those with other Copermittees, Regional Board or, work
groups.
Other Storm Water Services. It has been our experience with other local municipalities
that storm water related situations arise from time to time that require immediate or expert
City of National City
October 9, 2003
Page 7
® GIS services
® Any other unexpected services
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Cost Summary
We have summarized our estimated not -to -exceed costs for the scope of services
presented herein as follows:
Attached are Exhibits "B', "B-1", and "C".
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EXHIBIT "B"
Task Description
Cost
(Not -To -Max)
Project Coordination
$3,500
Review the City Storm Water Related Documents
$12,000
Update the City's JURMP
$15,000
Data Management
$15,000
Assist In City's Compliance Inspection Program
$25,000
SUSMP Implementation
$25,000
Land Use Planning For New Development And
Redevelopment
$7 500
Review the City Storm Water Ordinance
$5,000
Dry Weather Analytical Monitoring and Field
Screening
$14,000
Follow -Up Investigations
$8,000
Preparation of JURMP Annual Report
$20,000
Training and Education
$15,000
Assessment of Program Effectiveness
$8,000
Watershed Urban Runoff Management Programs
$10,000
Representing The City in Various Meeting
$5,000
Other Storm Water Services
To Be Determined
TOTAL
$188,000
8380 Miramar Mall • Suite 227 • San Diego, CA 92121 ■ (858) 455-9988 • Fax (858) 455-9978
-4111.1.— s
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EXHIBIT "B-1"
SCHEDULE OF FEES
The following presents our current schedule of fees.
LABOR
Classification
Clerk*
Word Processor*
Drafter*
Technician*
Senior Technician*
Staff
Project
Senior
Principal
Hourly Rate
$ 45
50
60
55
65
75
85
95
110
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 (identified with an asterisk "*").
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 $200/hour.
Time spent preparing for such
appearances will be charged at the above
standard hourly rates.
Charges for subcontract personnel will be
made according to the corresponding
standard hourly rates listed above.
OTHER CHARGES
Subcontracted services, such as
subconsultants, outside testing, drilling,
and surveyors, will be charged at cost plus
15%. Other project -specific costs, such as
rentals, 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%.
Client will be responsible for any
applicable taxes in addition to the fees due
for Services.
The mileage charge for personal vehicles
used on projects will be the current rate as
established by the Internal Revenue
Service. Company -owned vehicles will be
charged at a rate of $6 per hour (subject to
a 4-hour minimum), plus $0.50 per mile.
8380 Miramar Mall • Suite 227 • San Diego, CA 92121 • (858) 455-9988 • Fax (858) 455-9978
Exhibit C
Project Schedule
Tasks
NOV 2003
DEC 2003
JAN 2004
FEB 2004
MAR 2004
APR 2004
MAY 2004
JUNE 2004
JUL 2004
AUG 2004
SEP 2004
OCT 2004
Review the City
Storm Water
Related Documents
Update the City's
JURMP
Data Management
_
.. ..
._..
Assist In City's
Compliance
Inspection Program
SUSMP
Implementation
�..
......
....
..
_.
Land Use Planning
For New
Development And
Redevelopment
_..
Review the City
Storm Water
Ordinance
Dry Weather
Analytical
Monitoring and
Field Screening
IM11.11111•1111111
Follow -Up
Investigations
�®
Preparation of
JURMP Annual
Report
-
-
Training and
Education
Assessment of
Program
Effectiveness
Watershed Urban
Runoff Management
Programs
Representing The
City in Various
Meeting
-
_..
..
Other Storm Water
Services
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
November 14, 2003
Arsalan Dadkah
Project Manager / Principal
D-Max Engineering Inc
8380 Mira Mesa Mall Suite 222
San Diego CA 92121
Dear Arsalan Dadkah,
On November 11, 2003, Resolution No. 2003-154 was passed and adopted
by the City Council of the City of National City, authorizing the Mayor to
execute an agreement with D-Max Engineering Inc to provide engineering
and environmental services, and to assist implementing the Jurisdictional
Urban Runoff Management Program in compliance with the Regional
Water Quality Control Board.
We are forwarding a certified copy of the above Resolution and a fully
executed agreement.
Sincerely,
hAAA/
Martha L. Alvarez
Deputy City Clerk
/mla
Enclosure
cc: PW / Eng
File No. C2003-44
Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
.JIEETING DATE November 11, 2003
AGENDA ITEM NO. 6
"ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX
ENGINEERING FIRM TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES AND TO
ASSIST IMPLEMENTING JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM (JURMP) IN
COMPLIANCE WITH THE RWQCB ORDER 2001-01.
PREPARED BY Din Daneshfar
336 4387
EXPLANATION
DEPARTMENT Public Works/Engineering
See attached explanation.
Environmental Review N/A
Financial Statement
Approved By: / �1
This agreement is for Contract cost with a "Not to Exceed" amount of $188,000. Finance irector
Funds are available in Account NOs.125-422-222-299 ($175,000) and 001-422-000-299 ($13,000).
Account No.
STAFF RECOMMENDATION r�
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below ) Resolution No. 2003-154
1. Resolution 2. Proposed Agreement Form (3 original copies)
A-200 (9;99)
EXPLANATION:
On August 18, 2003, a Request for Qualifications was issued for providing
environmental/engineering services to assist National City in complying with the
National Pollutants Discharge Elimination System (NPDES) permit requirements for the
2003-04 fiscal year. The requested environmental/engineering services under this
agreement include a wide range of environmental/engineering services needed to
ensure that the National City's program is in compliance with various requirements of
the NPDES permit.
On September 8, 2003, proposals were received from the following six (6) consulting
firms:
1. D-Max Engineering, Inc.
2. BDS Engineering, Inc.
3. PBS&J
4. SCS Engineers
5. RBF Consultants
6. FLC Consultants
San Diego, CA 92121
Lemon Grove, CA 91945
Encinitas, CA 92108
San Diego, CA 92123
San Diego, Ca 92124
San Diego, CA 92121
A consultant selection committee was established consisting of Public
Works/Engineering staff.
All of the proposals were evaluated and the top three (3) proposers were invited for an
interview. Based on the results of the proposal evaluations and the interviews, D-max
Engineering firm was found to be qualified to perform the work.
Upon selecting D-Max Engineering, the City entered into negotiations with this firm to
determine the scope of work, schedule and associated fees. The scope of work is
based upon the requirements of the NPDES permit (Order No. 2001-01). All of the
Copermittees in the region shall comply with the provisions conditioned in this permit.
Based upon this process, it was determined that the following
environmental/engineering tasks to be accomplished. The contract before Council for
approval is for the general environmental and engineering services for this program. It
includes the following tasks:
• Coordinate the program
• Review the City's current Storm Water Pollution Prevention Documents.
• Update the City's Jurisdictional Urban Runoff Management Program (JURMP).
Develop Data Management..
• Assist the City to Comply with its Inspection Program.
1
• Implement Standard Urban Runoff Mitigation Plan (SUSMP).
• Implement Land Use Planning For New Development And Redevelopment
Component
• Review the City 's Storm Water Ordinances and Propose Applicable
Amendments.
• Implement Dry Weather Analytical Monitoring and Field Screening.
• Prepare JURMP Annual Report.
• Develop Assessment of Program Effectiveness.
• Implement Watershed Urban Runoff Management Programs.
• Perform Training and Education.
For more detailed review of the scope of work, please see Exhibit "A" of the attached
contract.
The total cost of this project is $188,000 (Not -To- Exceed Amount).
2
RESOLUTION NO. 2003 —154
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH D-MAX ENGINEERING, INC. TO
PROVIDE ENGINEERING AND ENVIRONMENTAL SERVICES,
AND TO ASSIST IMPLEMENTING THE JURISDICTIONAL URBAN
RUNOFF MANAGEMENT PROGRAM IN COMPLIANCE WITH
THE REGIONAL WATER QUALITY CONTROL BOARD
WHEREAS, the City desires to employ a consultant to provide engineering and
environmental services, and to assist implementing the Jurisdictional Urban Runoff
Management Program ("JURMP") in compliance with the Regional Water Quality Control Board;
and
WHEREAS, the City has determined that D-MAX Engineering, Inc. is a
engineering firm specializing in water and environmental sciences and is qualified by experience
and ability to perform the services desired by the City, and D-MAX Engineering, Inc. is willing to
perform such services
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with
D-MAX Engineering, Inc., to provide engineering and environmental services, and to assist
implementing the Jurisdictional Urban Runoff Management Program ("JURMP") in compliance
with the Regional Water Quality Control Board. Said Agreement is on file in the office of the City
Clerk.
Passed and adopted this 11th day of November, 2003.
Nick Inzuunza,
ATTEST:
\J,a
MichaeDalla, City Clerk
APPROVED AS TO FORM:
7 3
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on November 11,
2003, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Mayor of the City of National City, California
MICHAEL R DALLA
City Clerk of the City of National City, California
By:
A
Ma ha L. Alvarez, Deputy City Clerk
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-154 of the City of National City, California, passed and adopted by
the Council of said City on November 11, 2003.
City Clerk of the City of National City, California
By:
Deputy