HomeMy WebLinkAbout2005 CON DMAX Engineering - Services NPDES PermitAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
D-MAX ENGINEERING, INC.
THIS AGREEMENT is entered into this 16th day of August, 2005, 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 the engineering and environmental services for implementing the National
City's National pollutants Discharge Elimination System (NPDES) program, and
Jurisdictional Urban Runoff Management Program (JURMP).
WHEREAS, the CITY has determined that the CONTRACTOR is a Professional
Engineering and Environmental consulting firm, 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
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corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10 % from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Mr. 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 CONTRA-
CTOR. Mr. 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 ;nonthiy 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 Project Manager. 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
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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.
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
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City of National City business license prior to and during performance of any work
pursuant to this Agreement.
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 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 governmental 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
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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 information, even within its own organization,
to the extent necessary to perform the 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 CON TRACTOR, 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 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 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.
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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.
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
employees.
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 Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree -
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.
ment.
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.
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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.
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, 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.
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.
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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, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
Stephen M. Kirkpatrick
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To the CONTRACTOR: Arsalan Dadkhah
Project Manager/Principal
D-Max Engineering, Inc.
8380 Miiramar 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
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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.
❑ If checked, 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. damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
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.
Exhibit A — Scope of Services
Exhibit B — Cost Summary
Exhibit C — Progrm Schedule
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 agree-
ments, 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
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EXHIBIT A
SCOPE OF SERVICES
The scope of services for this project will include but are not limited to the following
tasks.
Project Coordination. Provide all project coordination necessary to perform the work
for the City's National Pollutants Discharge Elimination System 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 meetings, including agenda and
meeting minute preparation and distributions.
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. This includes data from the City's construction, industrial,
commercial, and municipal programs. D-MAx has created three separate Microsoft
Access databases for the City: one each for construction inspections,
industrial/commercial inspections, and a variety of municipal activities.
To more effectively manage this data, D-MAx will merge the three databases into one
unified database. Further, additional tracking capabilities for the City's education and
SUSMP programs may be added as well. As the City Engineering Department has
recently created a tracking database including information about a variety of permits, D-
MAx will also work with the City to determine how that tracking database can best be
integrated with the databases that D-MAX has created for the City. D-Max will also
regularly provide the City with copies of the databases it maintains.
In addition to database management, D-MAX will also assist the City in analyzing
business license listings to determine JURMP prioritizations for new industrial and
commercial businesses in the City. Those businesses will then be flagged for inspection
in accordance with the procedure listed in the JURMP.
Assist In City's Compliance Inspection Program. We will assist the City's compliance
inspection team with the following services:
• Conducting construction field inspections
• Conducting industrial and commercial field inspections
• Conducting follow-up inspections
• Provide assistance in data entry into databases
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SUSMP Implementation and Document Preparation. We will assist the City in with
implementation of the Standard Urban Storm Water Mitigation Plan (SUSMP) program
as follows. Note that review of SUSMP and (Storm Water Pollution Prevention Plan)
SWPPP documents are included under a different contract.
• Assist in complying with requirements of the Standard Urban Storm Water
Mitigation Plan (SUSMP)
• Conduct coordination meetings with various City departments and assist in
refinement of the SUSMP process
• Review erosion and sediment control plans
• Assist in selecting and implementing BMPs
• Conduct educational presentations as required in Section 9 of the City's JURMP
Prepare SUSMPs and construction SWPPPs for the City Capital Improvement
•
Projects
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_AnaIvsis. 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
• 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
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• 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, 2003 through June 30, 2004. In order to
prepare the required report we will conduct the following:
Coordinate Information Transfer with City personnel
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.
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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
• DocumentationlAccounting 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
• Assessment of Program Effectiveness.
o 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.
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:
4
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Planning and Public Works/Enqineerinq Departments
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 SUSMP.
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.
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 coordinate with the watershed Copermittees on behalf of the City of National
City and fulfill the group requirements per the City instructions. In each of the last two
years, we have assisted the City by helping write the San Diego Bay WURMP Annual
Reports, for which the City has been listed as among the primary authors of the 2002-03
and 2003-04 Annual Reports.
Representing The City in Various Meeting. D-MAx will represent the City of National
City in various meetings including those with other Copermittees, the Regional Board,
and/or Regional Workgroups.
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 action. D-MAX will be pleased to provide any other as -needed on -call services to
the City of National City, which has not been identified above.
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EXHIBIT B
COST SUMMARY & FEE SCHEDULE
We propose to complete the aforementioned services on a time and materials basis (not
to exceed $200,000 total) in accordance with the attached schedule of fees. Our
estimated costs are listed below
Task Description
Estimated
Cost
Project Coordination
$18,000
Data Management
$30,000
Assist In City's Compliance Inspection Program
$20,000
SUSMP Implementation and Document Preparation
$25,000
Dry Weather Analytical Monitoring and Field Screening
$15,000
Follow -Up Investigations
$8,000
Preparation of JURMP Annual Report
$20,000
Training and Education
$25,000
Watershed Urban Runoff Management Programs
$15,000
Representing The City in Various Meeting
$6,000
Other Storm Water Services
$18,000
TOTAL
$200,000
—IMMIA0111M1
MMAII, DIN
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SCHEDULE OF FEES
January 1, 2005
This Schedule of Fees will be adjusted periodically. The new fee schedule will apply to all existing
and new work.
LABOR
Classification Hourly Rate
Clerk*
Word Processor*
Drafter*
Technician*
Senior Technician*
Staff Scientist/Engineer
Assitant Project Scientist/Engineer
Project Scientist/Engineer
Senior Scientist/Engineer
Principal Scientist/Engineer
$ 45
55
60
55
70
85
92
100
115
130
* 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 $200/hour.
Time spent preparing for such appearances
will be charged at the above standard hourly
rates.
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 $0.50 per mile.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 16, 2005
AGENDA ITEM NO.
10
/ITEM TITLE Resolution authorizing the Mayor to execute an agreement with D-Max Engineering Inc.,
in the amount of $200,000 in order to continue providing the City with engineering and environmental
services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit
requirements
PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT.4387
EXPLANATION
See attached explanation.
Environmental Review
X N/A
MIS Approval
Financial Statement
Approved By: !�
This agreement is for contract cost with a "Not to Exceed" amount of $200,000. Financeor
Funds are available in Account No.125-421-222-299. (/
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
tAt
BOARD / COMMISSION RECOMMENDATION
N/A
C Zoo 3-SI
ATTACHMENTS ( Listed Below) Resolution No.1.00? — ( 77
1. Resolution 2. Proposed Agreement Form (3 original copies)
A-200 (Rev. 7/03)
RE: Resolution authorizing the Mayor to execute an agreement with D-Max
Engineering, Inc. in the amount of S200,000 in order to continue providing
the City with engineering and environmental services and assist
implementing National Pollutants Discharge Elimination System (NPDES)
Permit requirements
Based upon requirements of the adopted National Pollutants Discharge Elimination
System (NPDES) permit No. CAS107758, Order 2001-01, and the City's Jurisdictional
Urban Runoff Management Program (JURMP), the City is committed continually to
implement its efforts in various aspects of this program and maintain its compliance with
the permit requirements. The program consists of the implementation of the Municipal,
Industrial, Commercial, Residential, Land Use Planning for New
Development/Redevelopment, Construction, Illicit Connection/Illegal Discharge,
Education, Public Participation, and Program Assessment components as outlined in the
City's JURMP.
On November 16, 2004, by the City Council Resolution No. 2004-208 a contract
agreement was executed between the City and D-Max Engineering to continue assisting
the City in implementation of the annual NPDES program (04-05). D-Max Engineering
has been providing quality services and implementing the City's NPDES program on
schedule in a professional manner This firm is very familiar with the City's current
NPDES program, storm drain system, and the State Permit requirements. Staff is
recommending D-Max Engineering to continue providing the as- needed services for this
year's NPDES program (05-06). The proposed scope of work is consistent with the
requirements of the NPDES permit and commitments made by the City in its JURMP.
The contract before Council for approval is for the general environmental and
engineering services for this program, and includes the following tasks:
• Coordinate the program
• Update the City's Jurisdictional Urban Runoff Management Program (JURMP).
• Continue developing Data Management.
• Assist the City to Comply with its Inspections Program.
• Assist the City to Implement Standard Urban Storm -water Mitigation Plan
(SUSMP).
• Implement Dry Weather Analytical Monitoring and Field Screening.
• Prepare JURMP Annual Report.
• Assist the City to Develop Assessment of Program Effectiveness.
• Assist the City in Implementing its Watershed Urban Runoff Management
Programs (WURMP).
• Assist the City in Performing its Training and Education Programs.
• Provide other related Storm Water Quality Services
D-Max Engineering has proposed a plan, outlined in Exhibit "A", to implement this
year's program.
The work can be accomplished through a new contract agreement. The final scope of
work is attached as part of agreement that is being presented to the Council for approval.
The fee for performing the work is a "Not to Exceed" amount of $200,000.
RESOLUTION 2005 —177
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH D-MAX ENGINEERING, INC.,
IN THE AMOUNT OF $200,000 IN ORDER TO CONTINUE PROVIDING
THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES, AND
ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS
WHEREAS, the City desires to employ a contractor to continue providing
the City with engineering and environmental services, and to assist implementing
National Pollutant Discharge Elimination System ("NPDES") permit requirements; and
WHEREAS, the City has determined that D-Max Engineering, Inc. is a
professional engineering and environmental consulting firm, 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 hereby
authorizes the Mayor to execute an agreement with D-Max Engineering, Inc. in the
amount of $200,000 in order to continue providing the City with engineering and
environmental services, and assist implementing National Pollutants Discharge
Elimination System Permit requirements. Said Agreement is on file in the office of the
City Clerk.
PASSED and ADOPTED this 16th day of August, 2005.
AA
Nic Inzunza, Mayor
ATTEST:
r(lQ G
Mi ael Dail , Ci y Clerk
APPROVED AS TO FORM:
George H. tiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on August
16, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
rj416/
City rk of the(A)
National City, California
By:
Deputy
1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-177 of the City of National City, California, passed and
adopted by the Council of said City on August 16, 2005.
City Clerk of the City of National City, California
By:
Deputy
DATE 8/1/05
TRABUDGET ADJUSTMENT REQUEST
ACTIVITY OR DIVISION
ENGINEERING
SET UP CONTRACT SERVICES BUDGET - SEWER SERVICE
FOND
STATEMENT OF PROBLEM AND TIME URGENCY
Please set up the contract services line item budget in the amount of $350,000
(125-421-222-299-0000). This funding will be used for services related to the City's
National Pollutant Discharge Elimination System (NPDES) Program. This request was
made during the initial budget development process, however, this line item was not
included in the final budget.
AMOUNT NEEDED
$ 350,000
SET DP BUDGET
ACCT. # TITLE
FROM: 125-421-222-299-0000 CONTRACT SERVICES
TO:
ADMINISTRATIVE REVIEW/COMMENTS
DEPARTMENT H<61 THIS PORTION TO BE COMPLETED
BY FINANCE DEPARTMENT
UNENCUMBERED AS FINANCE
BALANCE OF INITIAL
ORIGINAL PREVIOUS
APPROPRIATION TRANSFERS IN[OUTJ
C, M
Date
Approval
Disapproval
cc: Budget File - White
Requesting Dept. Head - Yellow
City Manager - Pink
Originating Dept. - Goldenrod
Approval
Disapproval
FIN. DIR
Date
Date Posted
FIN-003 4/90