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HomeMy WebLinkAbout2006 CON D-Max - Engineering Services NPDESAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 19th day of September, 2006, 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 Revised April 2005 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 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 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 2 Revised April 2005 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 3 Revised April 2005 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 4 Revised April 2005 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 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 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. 5 Revised April 2005 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 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 Tess 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. 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. employees. ment. 6 Revised April 2005 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. 7 Revised April 2005 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, teiecopy, 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. 7220 Trade Street, Suite 119 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, teiecopy, 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 8 Revised April 2005 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 9 Revised April 2005 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: APPROVED AS TO FORM: George H. Eiser, III City Attorney D-MAX ENGINEERING, INC. (Corporation — signatures of two corporate officers)) (Partnership — one signature) (Sole proprietorship — one signature) By:d.A14.1_ (Name) greddee/ By: (Title) (Name) (Title) iaaw 10 Revised April 2005 D-MAx Engineering, Inc. Consultants in Water & Environmental Sciences August 31, 2006 Din Daneshfar City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Dear Mr. Daneshfar: w — — IRE MI A v w• 4=11rse1\ GJ Cr) ra Cr Please be advised that I serve as the President and the Secretary of D-Max Engineering, Inc., a California corporation. I am legally authorized to sign documents on behalf of the company as the President and the Secretary. Sincerely, D-Max Engineering, Inc. 0. Arsalan Dadkhah, Ph.D., P.E. President 7220 Trade Street ■ Suite 119 ■ San Diego, CA 92121 ■ (858) 586-6600 ■ Fax (858) 586-6644 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 Pollutant Discharge Elimination System (NPDES) program implementation. Project coordination will include 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 are • 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. • Assisting the City with coordination and correspondence with the RWQCB regarding National City's storm water program. Data Management and GIS. 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. 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 assist the City in designing solutions for relating the data from various databases, including the use of geographic information systems (GIS). Additional tracking capabilities for the City's education and SUSMP programs may be added as well. The new Municipal Permit will likely require the development of a database to track location and maintenance of SUSMP treatment control BMPs. 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. We will further assist the City in designing and implementing revised procedures for prioritizing facilities in the City, in accordance with new Municipal Permit guidelines for facility prioritization. Assist in Compliance Inspection Program. We will assist the City's compliance inspection team with the following services: • Conducting construction field inspections 1 JIMAX • Conducting industrial and commercial field inspections • Conducting follow-up, complaint, or other special inspections • Data entry into databases for these inspections 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 with required revisions to the City's SUSMP Ordinance and related ordinances, including developing a SUSMP manual • Assist in complying with requirements of the 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 and/or the Municipal Permit • Prepare SUSMPs and construction SWPPPs for 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 following: 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 • Surfactants (MBAS) NI Mt". AMA 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. Notes: If the dry weather monitoring program is conducted after the adoption of the new Municipal Permit, monitoring for trash will also be required. Additionally, it is possible that dissolved copper will be monitored during field screening, not analytical monitoring. 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. Note that if this program is conducted after the adoption of the new Municipal Permit, follow-up investigations based on laboratory analytical results will likely be required within two business days of receiving the lab results. That change is likely to result in additional costs due to increased difficulty with coordinating field crew logistics on short notice. 3 gAx Preparation of JURMP Annual Report / NPDES Program Effectiveness Assessment. 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. 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 • Fiscal Analysis • Ineffective Management Measures • Identification of Water Quality Improvements • 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 methodologiesrequire gathering 4 grom IM iAIN 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. Document Revisions for New Permit Requirements. The new Municipal Permit will require revisions to the City's JURMP. D-Max will assist the City with identifying which areas of the JURMP need revision and developing new programs or revising existing programs to meet the new requirements. This process will require considerable coordination and discussion with City staff to ensure that program modifications are as practical, efficient, and effective as possible. We will also assist the City with making required revisions to the SUSMP Ordinance and related City codes necessitated by the reissuance of the Municipal Permit. The new Municipal Permit will likely also require significant revisions to the WURMP document, including development of new watershed strategies. We will assist the City by working with the other watershed Copermittees to select and develop watershed activities that will meet the new Municipal Permit requirements. We will also help the City integrate overall, watershed wide approaches into the City's existing programs. 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 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 5 L3MAX of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Educational Materials We will assist the City in developing educational materials such as pamphlets, calendars, articles for newsletter or websites, or fact sheets. These materials may to be targeted at the development community, City residents, industrial and commercial businesses, City staff, or other audiences. The new Municipal Permit is anticipated to require additional education related to watershed concepts and watershed pollutants of concern. Watershed Urban Runoff Management Program. 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 three years, we have assisted the City by helping write the San Diego Bay WURMP Annual Reports, and the City has been listed as among the primary authors of those annual reports. Representing the City in Various Meetings. 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 and with the City of National City that storm water related situations arise from time to time that require immediate or expert action. For example, additional services related to the Paleta Creek/7th Street Channel TMDL, which is currently under development, may be required. D-Max will be pleased to provide any other as -needed, on -call services to the City of National City that have not been identified above. 6 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 $15,000 Data Management and GIS $18,000 Assist in Compliance Inspection Program $20,000 SUSMP Implementation and Document Preparation $15,000 Dry Weather Analytical Monitoring and Field Screening $15,000 Follow -Up Investigations $8,000 Preparation of JURMP Annual Report / NPDES Program Effectiveness Assessment $20,000 Document Revisions for New Permit Requirements $25,000 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 SCHEDULE OF FEES January 1, 2006 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 95 105 115 130 * 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 $0.52 per mile. EXHIBIT C PROJECT SCHEDULE Tasks SEP 2006 OCT 2006 NOV 2006 DEC 2006 JAN 2007 FEB 2007 MAR 2007 APR 2007 MAY 2007 JUN 2007 JUL 2007 AUG 2007 Project Coordination Data Management Assist in Compliance Inspection Program Dry Weather Analytical Monitoring and Field Screening Follow -Up Investigations Preparation of JURMP Annual Report 1 NPDES Program Effectiveness Assessment Document Revisions for New Permit Requirements Training and Education Watershed Urban Runoff Management Programs Representing the City in Various Meetings Other Storm Water Services RESOLUTION NO. 2006 — 196 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 19th day of September, 2006 ck Inzunza, Mayor ATTEST: Michael Dalla, Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on September 19, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad , Parra, Zarate. Nays: None. Absent: Inzunza. Abstain: None. AUTHENTICATED BY: By: NICK INZUNZA Mayor of the City of National City, California City Clark of the Cityo)/fl;Jt ational City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-196 of the City of National City, California, passed and adopted by the Council of said City on September 19, 2006. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT September 19, 2006 MEETING DATE 5 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the Mayor to execute an agreement with ll-Max hngmeenng 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 EXPLANATION DEPARTMENT See attached explanation. Engineering EXT. 4387 J CEnvironmental Review Financial Statement N/A MIS Approval Approved By: This agreement is for contract cost with a "Not to Exceed" amount of $200,000. Funds are available in Account No.125-421-222-299. >STAFF RECOMMENDATION Adopt the Resolution. Finance Dir or Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. co(o` 19 6, 2. Proposed Agreement Form (3 original copies) A-200 (Rev. 7/03) RE: Resolution of the City of National City Council 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. 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 to continued 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 August 16, 2005, by the City Council Resolution No.2005-177, a contract agreement was executed between the City and D-Max Engineering to continue assisting the City in implementation of the annual NPDES program (05-06). D-Max Engineering has been providing quality services and implementing the City's NPDES program on schedule in a professional manner. This firm is 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 (06-07). 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. • Revise Documents for New Permit Requirements. • Update the City's Jurisdictional Urban Runoff Management Program (JURMP). • Continue Developing Data Management and GIS. • 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 and Follow up Investigations. • Prepare JURMP Annual Report/Develop Assessment of Program Effectiveness. 1 • Assist the City in Implementing its Watershed Urban Runoff Management Program (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. 2 RESOLUTION NO. 2006 — 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 19th day of September, 2006 Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 19th day of September, 2006, 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 Revised April 2005 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 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 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 2 Revised April 2005 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 3 Revised April 2005 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 4 Rom;- d Acril 2005 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 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 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. 5 Revised April 2005 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 - 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 -ecover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 Revised April 2005 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. 7 Revised April 2005 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: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Arsalan Dadkhah Project Manager/Principal D-Max Engineering, Inc. 7220 Trade Street, Suite 119 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 riot 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 8 Revised April 2005 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. 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 9 Revised April 2005 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. (Corporation — signatures of two corporate officers)) (Partnership — one signature) (Sole proprietorship — one signature) By: By: ro41/4Z_ f&d,f Nick Inzunza, Mayor (Name) AafiClase/ (Title) APPROVED AS TO FORM: By laaw./ George H. Eiser, III City Attorney (Name) Sa7-,KAJ-7/ (Title) 10 Revised April 2005 D-MAx Engineering, Inc. Consultants in Water & Environmental Sciences August 31, 2006 Din Daneshfar City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Dear Mr. Daneshfar: qM`- s v N wINIM —WNW — — 'or im At Mr Please be advised that I serve as the President and the Secretary of D-Max Engineering, Inc., a California corporation. I am legally authorized to sign documents on behalf of the company as the President and the Secretary. Sincerely, D-Max Engineering, Inc. (24d 2c74Z Arsalan Dadkhah, Ph.D., P.E. President 7220 Trade Street ■ Suite 119 ■ San Diego, CA 92121 ■ (858) 586-6600 ■ Fax (858) 586-6644 : A s 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 Pollutant Discharge Elimination System (NPDES) program implementation. Project coordination will include 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 are • 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. • Assisting the City with coordination and correspondence with the RWQCB regarding National City's storm water program. Data Management and GIS. 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. 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 assist the City in designing solutions for relating the data from various databases, including the use of geographic information systems (GIS). Additional tracking capabilities for the City's education and SUSMP programs may be added as well. The new Municipal Permit will likely require the development of a database to track location and maintenance of SUSMP treatment control BMPs. 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. We will further assist the City in designing and implementing revised procedures for prioritizing facilities in the City, in accordance with new Municipal Permit guidelines for facility prioritization. Assist in Compliance Inspection Program. We will assist the City's compliance inspection team with the following services: • Conducting construction field inspections w v li AMl'iA • Conducting industrial and commercial field inspections • Conducting follow-up, complaint, or other special inspections • Data entry into databases for these inspections 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 with required revisions to the City's SUSMP Ordinance and related ordinances, including developing a SUSMP manual • Assist in complying with requirements of the 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 and/or the Municipal Permit • Prepare SUSMPs and construction SWPPPs for 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 following: 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 • Surfactants (MBAS) 2 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. Notes: If the dry weather monitoring program is conducted after the adoption of the new Municipal Permit, monitoring for trash will also be required. Additionally, it is possible that dissolved copper will be monitored during field screening, not analytical monitoring. 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. Note that if this program is conducted after the adoption of the new Municipal Permit, follow-up investigations based on laboratory analytical results will likely be required within two business days of receiving the lab results. That change is likely to result in additional costs due to increased difficulty with coordinating field crew logistics on short notice. 3 NE A II1 •wieA� Preparation of JURMP Annual Report / NPDES Program Effectiveness Assessment. 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. 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 • Fiscal Analysis • Ineffective Management Measures • Identification of Water Quality Improvements • 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 4 A v :AA 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. Document Revisions for New Permit Requirements. The new Municipal Permit will require revisions to the City's JURMP. D-Max will assist the City with identifying which areas of the JURMP need revision and developing new programs or revising existing programs to meet the new requirements. This process will require considerable coordination and discussion with City staff to ensure that program modifications are as practical, efficient, and effective as possible. We will also assist the City with making required revisions to the SUSMP Ordinance and related City codes necessitated by the reissuance of the Municipal Permit. The new Municipal Permit will likely also require significant revisions to the WURMP document, including development of new watershed strategies. We will assist the City by working with the other watershed Copermittees to select and develop watershed activities that will meet the new Municipal Permit requirements. We will also help the City integrate overall, watershed wide approaches into the City's existing programs. 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 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 5 Dv.. - lA1A of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Educational Materials We will assist the City in developing educational materials such as pamphlets, calendars, articles for newsletter or websites, or fact sheets. These materials may to be targeted at the development community, City residents, industrial and commercial businesses, City staff, or other audiences. The new Municipal Permit is anticipated to require additional education related to watershed concepts and watershed pollutants of concern. Watershed Urban Runoff Management Program. 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 three years, we have assisted the City by helping write the San Diego Bay WURMP Annual Reports, and the City has been listed as among the primary authors of those annual reports. Representing the City in Various Meetings. 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 and with the City of National City that storm water related situations arise from time to time that require immediate or expert action. For example, additional services related to the Paleta Creek/7th Street Channel TMDL, which is currently under development, may be required. D-MAx will be pleased to provide any other as -needed, on -call services to the City of National City that have not been identified above. 6 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 $15,000 Data Management and GIS $18,000 Assist in Compliance Inspection Program $20,000 SUSMP Implementation and Document Preparation $15,000 Dry Weather Analytical Monitoring and Field Screening $15,000 Follow -Up Investigations $8,000 Preparation of JURMP Annual Report / NPDES Program Effectiveness Assessment $20,000 Document Revisions for New Permit Requirements $25.,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 WA AX SCHEDULE OF FEES January 1, 2006 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 95 105 115 130 * 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 $0.52 per mile. EXHIBIT C PROJECT SCHEDULE Tasks SEP 2006 OCT 2006 NOV 2006 DEC 2006 JAN 2007 FEB 2007 MAR 2007 APR 2007 MAY2007 JUN 2007 JUL 2007 AUG 2007 Project Coordination Data Management Assist in Compliance Inspection Program Dry Weather Analytical Monitoring and Field Screening �r Follow -Up Investigations Preparation of JURMP Annual Report! NPDES Program Effectiveness Assessment Document Revisions for New Permit Requirements Training and Education Watershed Urban Runoff Management Programs Representing the City in Various Meetings Other Storm Water Services r DRAFT City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 25, 2006 Mr. Arsalan Dadkhah Project Manager/Principal D-Max Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, Ca 92121 Project: City of National City — Engineering and Environmental Services, NPDES Dear Mr. Dadkhah: On September 19, 2006 the City Council of the City of National City passed and adopted Resolution No. 2006 - 196, awarding a contract to D-Max, Inc. We are pleased to enclose a fully executed original contract and a certified copy of the Resolution for your records. Should you have any questions, please contact Mr. Stephen Kirkpatrick, City Engineer, at (619) 336-4380. Sincerely, Michael R. Dalla City Clerk MRD Enclosure cc: Engineering File C2000-33 ® Recycled Paper