HomeMy WebLinkAbout2007 CON D-Max Engineering - Consulting Services NPDES PermitAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
D-MAX ENGINEERING, INC.
THIS AGREEMENT is entered into this 18th day of September, 2007, 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
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CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 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
CONTRACTOR. 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.
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The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
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
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regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work 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,
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layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such 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, Toss, 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
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acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
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-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
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
6 Revised April 2005
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action
or suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the
prevailing party.
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.
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E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery
to the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex. telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified
above shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Din Daneshfar
Program Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Arsalan Dadkhah
Project Manager/Principal
D-Max Engineering, Inc.
8380 Miiramar Mall, suite 222
San Diego, CA 92121
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
8 Revised April 2005
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect,.without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
E 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.
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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
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: � zat GQ.e✓w
on Morrison, ' ayor
APPROVED AS TO FORM:
i� ' or -
George H.'Eiser, III
City Attorney
By:
(Name)
(Title)
(Name) /
07 (Title)
10
Revised April 2005
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EXHIBIT A
SCOPE OF SERVICES
D-MAx will provide storm water services to assist the City of National City in complying
with the National Pollutant Discharge Elimination System (NPDES) permits and
enhance the water quality of runoff generated within the City. The following is a list of
tasks anticipated to be necessary during the fiscal year. However, there may be
unanticipated tasks that are necessary to complete but are not addressed herein. The
tasks will be conducted in an order of priority as set by the City.
Project Coordination. Provide all project coordination necessary to perform the work
for the City's 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. To facilitate annual reporting and to manage various
JURMP programs on a day-to-day basis, data must be tracked and stored in a reliable,
easy -to -use mariner. This includes data from the City's construction, industrial,
commercial, development, and municipal programs. D-MAx has created four separate
Microsoft Access databases for the City: one each for construction inspections,
industrial/commercial inspections, standard urban storm water mitigation plan (SUSMP)
post -construction best management practice (BMP) tracking and 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 may 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 program may be added
as well, and a database to record and manage information from the City's water quality
monitoring programs may be developed. D-MAx will 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
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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
• Conducting industrial and commercial field inspections
• Conducting SUSMP post -construction BMP inspections
• Conducting follow-up, complaint, or other special inspections
• Data entry into databases for these inspections
SUSMP Implementation and Document Preparation. We will continue to assist the
City 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 per the new Municipal
Permit requirements
• 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 the City's JURMP and Section
D.5.b.(b) of the new Municipal Permit
• Prepare SUSMPs and construction storm water pollution prevention plans
(SWPPP) for City Capital Improvement Projects
Dry Weather Field Screening and Analytical Monitoring. 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:
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• Specific conductance
• Temperature
• Turbidity
• pH
• Reactive Phosphorus
• Nitrate Nitrogen
• Ammonia Nitrogen
• Surfactants (MBAS)
Analytical Monitoring: Water samples from 25 percent of the sites where
ponded or flowing water is observed, will be collected and submitted to a
California Department of Health Services certified laboratory for analysis of the
following constituents:
• Total hardness
• Surfactants (MBAS)
• Oil and grease
• 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: This task will be completed during the dry season in 2007. Per the
requirements of the new Municipal Permit, dry weather monitoring during the dry
season in 2007 will be conducted according to the same procedure established
under the previous Municipal Permit (Order 2001-01). The new dry weather
requirements of the new Municipal Permit will go into effect in the summer of
2008.
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
3
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• 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 this program
will be conducted according to the same procedure used in 2006; the new follow-up
requirements of the new Municipal Permit will need to be implemented in the 2008 dry
weather season.
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, 2006 through June 30, 2007. 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
Section I of the previous Municipal Permit. Because the new Municipal Permit was
not in effect in 2006-2007, the Annual Report prepared this year will report on
compliance with the previous Municipal Permit in the format required by the
previous Municipal Permit. 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
4
11.11.11.AMIlli AND
- MEM IBM
t1111111111111s
_ VIEW MN
Mr M A V
dElltRAIS
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.
The County of San Diego in association with assessment work group
has developed some methodologies for assessing the effectiveness
of the storm water program. These methodologies require gathering
and presenting all the information of the Copermittee's activities
including BMPs and identifying expected effects on the storm water
pollution prevention. We will assist the City to evaluate the
effectiveness of the City's program in accordance with the County
and work group proposed methodologies.
Document Revisions for New Permit Requirements. The new Municipal Permit
requires revisions to the City's JURMP. D-MAx will continue to assist the City with
revising its JURMP to meet the new requirements. This process requires 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. Further,
we anticipate that documents related to the new MS4 monitoring and source
identification monitoring programs required by the new Municipal Permit will need to be
prepared. This work will likely include research to select sites in the City and
preparation of monitoring plans. Permits to allow the City to resume channel
maintenance activities will also likely need to be acquired in 2007-2008. That process
is anticipated to involve coordinating with the RWQCB, the Army Corps of Engineers,
and the California Department of Fish and Game.
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 the JURMP document. Educational content
will cover a variety of topics related to storm water quality and watershed concepts
listed in the JURMP and be tailored to each specific audience. Suggested workshops
and target audiences include the following:
5
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---
NMI — —ate
M BIM --
AWE MI MNffA
Planning and Engineering Departments
The goal of this workshop will be to inform the Planning and Engineering
Departments of general concepts listed in the JURMP 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. Among the new requirements is the implementation of
Low Impact Development (LID) measures for all development projects.
Public Works Staff
The workshop will be targeted towards public works employees and will
focus mainly on the practical aspects of BMP implementation. It will also
address changes in public works operations required by the Municipal
Permit, such as effects on channel maintenance and storm drain cleanout
frequency. In the event that the City's NPDES Storm Water Compliance
Inspector conducts this training, D-MAx will not provide a training for this
audience.
Construction Inspectors
The educational workshop for construction inspectors will include general
concepts listed in the JURMP and additionally cover such topics as BMP
implementation and maintenance, good housekeeping measures, site
inspections and inspection frequency.
School Students
We will assist the City in providing training workshops for school students.
The topics for these workshops include the source of pollutants, the impact
of pollutants on the receiving water bodies and BMPs to prevent the
pollutions.
Workshops
At the request of the City, we will provide targeted educational workshops
for various industry or stakeholder groups. D-MAx has recently conducted
workshops for industrial businesses, automotive businesses, the
development and construction industry, and City residents.
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 requires 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.
6
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-
-
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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/7'h 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.
7
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.
Princpal
Engineer
Project
Scientist
Staff
Scientist
Word
Drafter Processor
Clerk
ODC'
Calculated
Total
Rounded
Total
Rate
$130
$105
$85
$60
$55
$45.
Task Description
Project Coordination
60
50
20
$250
$15,000
S15,000
Data Management and GIS
8
40
62
45
$12,985
$13,000
Assist in Compliance Inspection Program
8
40
220
$1,000
$24,940
S25,000
SUSMP Implementation and Document
Preparation
40
60
40
$100
$15,000
$15.000
Dry Weather Analytical Monitoring and Field
Screening
12
16
100
4
8
$2,600
$15,020
S15,000
Follow-up Investigations
8
8
70
$250
$8.080
$8,000
Preparation of JURMP Annual Report / NPDES
Program Effectiveness Assessment
16
60
128
16
S20.140
$20,000
Document Revisions for New Permit
Requirements
24
100
164
16
24
$200
$30,040
$30,000
Training and Education
40
60
90
20
$4,700
$24,950
$25,000
Watershed Urban Runoff Management
Programs
16
70
54
12
S300
$14,980
$15,000
Representing the City in Various Meetings
3D
54
$400
$9,970
$10.000
Other Storm Water Services
16
16
54
8
$200
$8,990
$9,000
Total
278
574
1002
20
133
0
$10,000
$ 200,095
S 200,000
*ODC for Dry Weather Monitoring includes laboratory analytical costs, and ODC for Training and Education includes outside printing of materials (e.g.. calendars).
w� —
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SCHEDULE OF FEES
January 1, 2007
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
S 45
55
60
55
70
85
95
105
115
130
* Overtitne (in excess of 8 hours per day)
and weekend hours will he 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 he 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 $0.60 per mile.
EXHIBIT C
PROJECT SCHEDULE
Tasks
Project Coordination
SEP
2007
OCT
2007
NOV
2007
DEC JAN FEB
2007 2008 2008
MAR
2008
APR
2008
MAY JUN JUL ' AUG
2008 12008 2008 2008
Data Management
Assist in Compliance
Inspection Program
Dry Weather Analytical
Monitoring and Field
Screening
Follow -Up
Investigations
Preparation of JURMP
Annual Report / NPDES
Program Effectiveness
Assessment
IMINNUMSIN
Document Revisions for
New Permit
Re • uirements
Training and Education
Watershed Urban
Runoff Management
Program
Representing the City in
Various Meetings
Other Storm Water
Services
ACORD,, CERTIFICATE
OF LIABILITY INSURANCE
DA'EI1418
JDD") 01/03/07
PMNsUCER 0A99520 1-619-234-6848
Cavignac s Associates
450 B Straet, Suite 1800
San Diego, CA 92101-8005
Dorothy Aaaundaob
THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
D-NAX 8ngineaving,
7220 Trade Street,
Can Diego, CA 92121
I
I.
Suite 119
INSURER A. underwriters, at Lloyds London
...__.. ._ .._
!NEMEt B. Travelers Casualty insurance Company of America
INSURER C United States Fidelity i. Guaranty Company
MIStAtEft U
IH&9UR F.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMEN I, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI1H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIIE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS.
INSR
TYPE OF NSLYRANCE
POLICY RUBBERPOUGY
EFF T YE
DATEIMMIDDIYYI
POLICY EXPIRATIONUNITSLIR,
DATE IMMIOO/YYJ
C
GENERALUABLITY
COMMERCW.GFIERALLLIAAILrrY
BK02210887
01/01/07
01/01/08
LACHOCIAMENC.
$1,000,000
X
FIRE D/4AAGE_LAny me Ere)
s 300,000
i{f{{{ 1 CJAMTS MADE [i 1 OCCUR
MED LAP (Anyone parson)
610 , 000
XBroad
X
GLNL
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PERS( NAt6AW WJURY
$ 1. 000, 000
Blanket Contractual
GFNEHAL AGGREGATE
2,000,000
AG GATE LIMIT APPLES
POLICY n .749, fl LOC
PRODUCTS-CO18'(PAOG
$2,000,000
C
AUTOMOBILE
Ly1&UTY
ANY AUTO
ALL OMVED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NCN-()NNED AUTOS
No Company Ownad Autos
DXozzice 87
01/01/07
01/01/08
COMBINED SINGLE LIMIT
!Fa)
1,000,000
—
J
X
BOOLY INJURY
(Per Mom)
80011 Y INJURY
(Per aczi4Vll)
X
X
PROPERTY DAMAGE
tP accident)
—
6
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LGARAGE LIABILITY
7 ANY AUTO
r-!!!�
AUTO ONLY - FA ACCIDENT
$
OTHER THAN EA ACC
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AUTO ONLY: AGG
6
EXCESS
LIABILITY
OCCUR U CUVMS MADE
DEDUCTIBLE
REfEM !ON $
EACH OCCUARENIT
6
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6
$
$
s
B
NIORRIDCOMPENSATION AND
EMPLOYERS' OABILITY
5527Y62507
01/01/07
01/01/08
VIiC •a TH-
LTIs I,IMITS1 OER
—X
El EACH ACCIDENT
6 1, D00,000
E.1 DISEASE - EA El/PI OYEE
6 1, 000, 000
E.L DISEASC - POLICY LIMIT
$ 1, 000,000
A
Protsseional Liability
W1SG9007PIWM
D1/01/07
01/01/08
Each Clain s1,000,000
Aggregate $ 1,000,000
$
DESCRIPTION OF 0PERAT10NSMICATIORNVEHICLEVEXCLUSMINS ADDED BY EMIORSESENT/SPECIAI.PROVISI0KS
*Professional Liability - Claim, IBada Fors, Aggregate Limit Policy. Dersnae costs Included within Limit or Liability.
EX Storm Water Services. The City or National City is named as Additional Insured as respects to Oanaral Liability
per attached.
CERTIFICATE HOLDER I T ADomONALINSURED; INSURER LEITER' C
City of National City
Engineering Dept.
Mr. Din 0I. eshear
1243 National City Blvd_
National City, CA 91950-4397
usA
CANCELLATION 10 days NOC for non-
paymen
t of prsninm
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION
DAIS THEREOF, THE I8BUI$G n8A111ER INa► ENDEAVOR TO MNL • 30 OAYS aaNITTEN
NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABNIrT OF ANY RIND UPON THE INSURER. 11S AGENTS OR
REPRESENTATAR S
/AUTHORIZED REPRESENTATIVE /
ACORD 254 (7197) ltatherine
5405863
2 ACORD CORPORAT)ON 1988
Policy
Insured: D-11AY magiaaaring, Inc.
Policy Number : BK02210007
Owners, Lessees Or Contractors (Form C)
ADDITIONAL INSURED Effective: 01/01/07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following;
LIABILITY COVERAGE PART.
Schedule
Name of Person or Organization:
Tho City of Motional City
1. SECTION II - Wt1O IS AN INSURED is wended to include as
an insured the parson or organization shown in the
Schedule, but only with respect to Ratably arising out of
'your work' for that insured by or for you.
2. V iith respect to 1. above the following additional provision
applies:
SECTION N. 5. Other Insurance is replaced by the
following
5. Other Insurance.
The insurance afforded by this Coverage Part is
primary insurance and we will not seek contribution
from any valid and collectible "other insurance"
available to the inared unless the
CLIBF 22 45 01 11
vagd and collectible "other insurance" is provided by
a person cr organization who is not shown in the
schedule. Then we will share with that valid and
collectible "other insurance' by the method described
below.
If all of the valid and colectible "other insurance"
permits contribution by equal shares, we wi l follow
this method also. Under this approach, each insurer
cantnbutes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first
if any of the valid and collectible "other insurance"
does not permit ccninbution by equal shares, we will
contribute by omits. Under this method, each
Insurer's share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
hciedes comeignien mskdslslNsuenee e Senkes 0rlce, Inc. , with k permission. Page 1 at 1
Copyrighted, 6nunnce Seniors Often lnt. 1954
STATEMENT OF QUALIFICATIONS
D-MAx ENGINEERING, INC.
D-MAx Engineering, Inc. is an environmental engineering firm with an emphasis on storm
water services. We are a small business located in San Diego since 1996. During the past
11 years, we have successfully completed a number of storm water and water quality
projects for several municipalities and private clients within San Diego County and Orange
County.
The municipalities to which we have provided services include the cities of Carlsbad, Chula
Vista, El Cajon, Encinitas, Escondido, La Mesa, Lemon Grove, National City, Poway, San
Diego, San Marcos, Santee, and Vista; the San Diego Unified Port Distract; and the cities of
Mission Viejo and La Habra in Orange County. We have also provided services to Sempra
Energy, the Imperial Irrigation District, Hazard Center, and a number of industrial clients.
Our storm water and water quality services include:
• Preparing construction Storm Water Pollution Prevention Plans (SWPPPs) for
municipalities and for private developers
• Providing environmental services for restoration projects, such as the Forester
Creek Improvement Project in Santee
• Assisting clients with responses to Regional Water Quality Control Board
(RWQCB) directives, comments, Notices of Violation (NOVs), and other
requests for information
• Developing BMPs for construction sites
• Processing groundwater dewatering discharge permitting and ensuring
compliance
• Preparing Jurisdictional Urban Runoff Management Programs (JURMP) for
municipalities
• Preparing BMP manuals for cities, such as Appendix C of the City of Poway
JURMP
• Technical review of SUSMP reports and conceptual design of treatment control
BMPs
• Evaluating storm water program effectiveness
• Conducting dry weather monitoring programs
• Conducting upstream investigations to identify and eliminate sources of Illicit
connections and illegal discharges
• Developing municipal Best Management Practices (BMP) programs
• Preparing industrial SWPPPs and monitoring programs
• Watershed focused storm water program services, including Watershed Urban
Runoff Management Program (WURMP) implementation
• Providing training workshops regarding storm water pollution prevention
• Preparing receiving water quality sampling programs
D-MAX Engineering, Inc., Statement of Qualifications Page 1
• Conducting wet weather sampling for industrial facilities
• Conducting source identification of industrial/commercial facilities and
prioritization based on the threat to water quality
We are thoroughly familiar with the existing San Diego municipal storm water (RWQCB
Order No. R9-2007-001), and we have been actively involved in its review and comment
process. We are also very familiar with State of California General Industrial and
Construction permit requirements. D-MAx has
• Completed JURMP or Local Implementation Plan (LIP, for Orange County)
documents for El Cajon, National City, Poway, Santee, and La Habra and
Mission Viejo in Orange County to prepare their JURMP document. We also
prepared several sections of the JURMPs for Carlsbad and San Marcos. Our
JURMP documents have been considered model JURMP documents by the
RWQCB.
• Prepared required documents for the City of Santee Forester Creek
Improvement Project, including a monitoring plan, a Quality Assurance Project
Plan (QAPP), and an annual monitoring report. We also conduct regular
monitoring efforts for the project.
• Assisted the City of National City with responding to the RWQCB channel
maintenance directive
• Prepared construction SWPPPs for a number of City of Poway CIP projects
• Conducted over 70 dry weather monitoring programs for 10 municipalities
throughout San Diego County
• Conducted over 11,000 storm water compliance inspections for municipal,
industrial, and commercial facilities for 14 jurisdictions
• Developed BMP manuals for the City of Poway municipal facilities
• Provided education and training sessions on water quality topics and BMPs for
several cities
• Developed database systems for storm water inspections, complaints, IC/ID
records, municipal activities, and SUSMP sites
• Prepared storm water program annual reports for La Mesa, National City,
Poway, Santee, and La Habra. Sections of our annual reports have been
considered exemplary by the RWQCB. Also helped prepare the San Diego Bay
WURMP Annual Reports.
• Prepared, implemented, and conducted monitoring for two industrial SWPPPs
and monitoring programs for the City of Poway Materials Handling Yard and
Public Works Municipal Yard
The D-MAx professional team is comprised of civil engineers, hydrologists, environmental
scientists, biologists, and chemists.
D-MAx Engineering, Inc., Statement of Qualifications Page 2
RESOLUTION NO. 2007 — 220
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 18th day
ATTEST:
n
Mic ael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
2007.
imp
Ron Morrison, ' ayo
Passed and adopted by the Council of the City of National City, Califomia, on
September 18, 2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
A
City erk of the ity of/National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-220 of the City of National City, Califomia, passed and
adopted by the Council of said City on September 18, 2007.
City Clerk of the City of National City, California
By:
Deputy
Ca00y-��
City of National City, California
COUNCIL AGENDA STATEMENT
4IEETING DATE September 18 , 2007
AGENDA ITEM NO.
3
ITEM TITLE Resolution authorizing the Mayor to execute an agreement with D-Max Engineering Inc., in
the amount of $200,000 in order to continue providing the City with engineering and environmental services
and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements
(Funding will be through Sewer Service Funds)
PREPARED BY DEPARTMENT EXT. 4387
EXPLANATION Din Daneshfar
See attached explanation.
Engineering
J
Environmental Review X N/A
Financial Statement
MIS Approval
Approved By:
Finance Director
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.
Account No.
STAFF RECOMMENDATION
Resole
RD / COMMISJION RECOMMEDATION
N/A
ATTACHMENTS (Listed Below)
1. Resolution
2. Contract Agreement
ec
Resolution No.
A-200 (Rev. 7/03)
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
October 1, 2007
Mr. Arsalan Dadkhah
Project Manager / Principal
D-Max Engineering, Inc.
7220 Trade Street, Suite 119
San Diego, CA 92121
Dear Mr. Dadkhah,
On September 18, 2007, Resolution No. 2007-220 was passed and adopted by
the City Council of National City, authorizing execution of an agreement with D-
Max Engineering, Inc.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original contract.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Engineering Department
® Recycled Paper