HomeMy WebLinkAbout2008 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 2" day of September, 2008, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max
Engineering, Inc, a CONSULTANT.
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide engineering
and environmental services and assist with implementation of the National Pollution Discharge
Elimination system (NPDES) Permit requirements.
WHEREAS. the CITY has determined that the CONSULTANT is an
environmental engineering firm and is qualified by experience and ability to perform the
services desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS
1 ENGAGEMENT OF CONSULTANT . The CITY hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT .
2. SCOPE OF SERVICES. The CONSULTANT will perform services as
set forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings 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 CONSULTANT , from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith 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.
Barbara A. Tipton hereby is designated as the Project Coordinator for the CITY
and will monitor the progress and execution of this Agreement. The CONSULTANT shall
assign a single Project Director to provide supervision and have overall responsibility for the
progress and execution of this Agreement for the CONSULTANT Arsalan Dadkhah thereby
is designated as the Project Director for the CONSULTANT .
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit
"B" (the Base amount) without prior written authorization from the City. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice. provided that
work is accomplished consistent with Exhibit "A"as determined by the CITY
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "C".
7 DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda.
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the
CONSULTANT hereby assigns to the CITY and
CONSULTANT thereby expressly waives and disclaims, any 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
CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to
further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT 's
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONSULTANT . Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are 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
CONSULTANT and the CONSULTANT 'S employees, and it is recognized by the parties that a
substantial inducement to the CITY for entering into this Agreement was, and is, the
professional reputation and competence of the CONSULTANT and its employees. Neither this
Agreement nor any interest herein may be assigned by the CONSULTANT without the prior
written consent of the CITY. Nothing herein contained is intended to prevent the
CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS. as the
CONSULTANT may deem necessary for the proper and efficient performance of this
Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the
SUBCONSULTANT to adhere to the applicable terms of this Agreement
9 CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S
employees except as herein set forth, and the CONSULTANT expressly agrees not to
represent that the CONSULTANT or the CONSULTANT'S agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT , its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTS and that the CONSULTANT 's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The
CONSULTANT, in the performance of the services to be provided herein, shall comply with all
applicable State and Federal statutes and regulations, and all applicable ordinances. rules and
regulations of the City of National City, whether now in force or subsequently enacted. The
CONSULTANT , and each of its SUBCONSULTANTS, shall obtain and maintain a current City
of National City business license prior to and during performance of any work pursuant to this
Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
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C y s Standard Agreement - June 2008 revision
A. The CONSULTANT , in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement. the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding. been debarred by a governmental agency or involved in debarment. arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products. treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified. then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The
CONSULTANT 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 CONSULTANT will take positive action to
insure that applicants are employed without regard to their age. race, color, ancestry. religion,
sex, sexual orientation, marital status. national origin, physical handicap, or medical condition.
Such action shall include but not be limited to the following: employment, upgrading, demotion.
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places available to employees and applicants for employment
any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information. even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 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 CONSULTANT , hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
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C,ty s Standard Agreement - June 20G8 revrsron
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person. firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of
this condition. pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The
CONSULTANT agrees to defend. indemnify, and hold harmless the City of National City, its
officers and employees, against and from any and all liability, 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
CONSULTANT 's negligent performance of this Agreement.
16 WORKERS' COMPENSATION. The CONSULTANT shall comply with
all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto: and all similar state or Federal acts or laws applicable: and shall
indemnify, and hold harmless the CITY and its officers. and employees from and against all
claims, demands. payments, suits, actions. proceedings and judgments of every nature and
description. including reasonable attorney's fees and defense costs presented. brought or
recovered against the CITY or its officers. employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT , at its sole cost and expense, shall
purchase and maintain. and shall require its SUBCONSULTANTS, 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 owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONTRACTOR'S/CONSULTANT'S employees and
employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the
policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement
shall be provided prior to commencement of work under this Agreement.
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 workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
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City s Standard Agreernent - June 2C08 revision
G. If required insurance coverage is provided on a 'claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition. the "retro" date
must be on or before the date of this Agreement.
H Any aggregate insurance limits must apply solely to this Agreement.
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 10 the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
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 CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement. shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorneys fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego. California. in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out
of. or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
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C,tys Standard Agreement - June 2008 rev.s,oi
notice to the CONSULTANT . During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans. Specifications and other documents prepared by the CONSULTANT ,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT 's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the
CONSULTANT ; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a
business reorganization, change in business name or change in business status of the
CONSULTANT .
21. 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 CITY:
To CONSULTANT
Din Daneshfar
Principal Civil Engineer
Engineering Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
D-Max Engineering, Inc
Arsalan Dadkhah
7220 Trade Street, Suite 119
San Diego, Ca 92121
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Cty s Standard Agreement — June 2008 rev,sron
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice. demand. request or communication sent. Any notice, request, demand, direction or
other communication sent by cable. telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONSULTANT also agrees not to specify any product.
treatment, process or material for the project in which the CONSULTANT has a material
financial interest. either direct or indirect, without first notifying the CITY of that fact. The
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The
CONSULTANT shall immediately disqualify itself and shall not use its official position to
influence in any way any matter coming before the CITY in which the CONSULTANT has a
financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
Ll If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT
23. MISCELLANEOUS PROVISIONS.
A Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday. then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts.
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement. and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
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Cdy s Standard Agreement - June 2008 rev's,on
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 agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own. independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement. (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement.
or any portions hereof. or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
on Morrison, . nor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
D-MAX Engineering, Inc.
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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 manner. 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. The City's SUSMP database should be updated to
include the capacity to enter results from inspections and from maintenance verification
letters sent out, and the linkage between inspection databases and the complaint
database should be improved.
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. Now that newly modified programs based on the City's
recently updated JURMP have been implemented, updates to the City's databases will
likely be necessary. 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 the City in
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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. This task also includes assisting the City in implementing tasks
related to the new Hydromodification Management Plan (HMP) that is currently under
development by the Copermittees and assisting the City with the new advanced
treatment standards for construction projects. 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, and animals in the vicinity of the outfall. .
2
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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)
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
• Oil and grease
• Diazinon and Chlorpyrifos
• Cadmium (Dissolved)
• Copper (Dissolved)
• Lead (Dissolved)
• Zinc (Dissolved)
• Enterococcus bacteria
• Total Coliform bacteria
• Fecal Coliform bacteria
Trash Monitoring: The new Municipal Permit requires that the City implement a
trash monitoring program during dry weather monitoring. The Copermittee Dry
Weather Monitoring Sub-Workgroup developed a trash assessment form and
procedures for trash monitoring. We will complete a trash assessment form at
each routine site visit.
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, including trash monitoring. The report will include our interpretation
of the field data and test results as to the possible presence of IC/IDs.
Follow -Up Investigations. During the dry weather field screening program if field
investigations do not reveal a specific source of contamination, or if the results of the
laboratory analysis indicate presence of pollutants in excess of action levels, further
investigation will be conducted which may include the following steps:
• Tracing flows or discharges upstream
• Conducting field screening sampling
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. Per new Municipal
Permit requirements, all laboratory analytical exceedances will be followed up within two
business days of receiving the results from the lab. This is a more aggressive
timeframe than previously required. Also, upstream investigations for bacteria will utilize
Colilert and Enterolert methods for bacterial analyses. These newer methods are more
accurate than the methods used in the past.
Additional Monitoring and Special Studies. The new Municipal Permit requires that
the City conduct MS4 monitoring and source identification monitoring programs. The
MS4 monitoring will likely be conducted concurrently with the dry weather monitoring
program and will include additional laboratory analytical work. Additional monitoring
studies may also be necessary for source investigation purposes. In some portions of
the City exceedances have been noted for several consecutive years in the dry weather
monitoring program, and it may be necessary to perform additional monitoring beyond
the typical dry weather follow-up investigations to evaluate the effectiveness of
measures taken to address the sources of the exceedances. The new Municipal Permit
also includes stricter requirements for effectiveness assessment, including outcome
levels 4, 5, and 6 (load reduction, change in quality of discharge, and change in
receiving water quality). Additional monitoring may be required to evaluate the
effectiveness of City activities in accordance with these requirements.
Document Revisions for New Permit Requirements. The new Municipal Permit
required revisions to the City's JURMP, which were completed in 2007-2008. During
2008-2009, no major revisions to the JURMP are anticipated, but several changes in
response to new Municipal Permit requirements are anticipated. A new Model SUSMP
was recently prepared, and we will assist the City with making required revisions to the
SUSMP Ordinance and related City codes. 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. Permits to allow the City
to resume channel maintenance activities will also likely need to be acquired. That
process is anticipated to involve coordinating with the RWQCB, the Army Corps of
Engineers, and the California Department of Fish and Game.
Training and Education. D-MAx will conduct educational workshops and/or prepare
education materials at the City's request to target audiences identified in the JURMP
document. An educational calendar has been prepared in each of the last several
years, and another calendar incorporating artwork from school children in the City is
planned for 2009. Educational content for other programs may 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 topics listed on the following page:
4
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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. The 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
5
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Reports, and the City has been listed as among the primary authors of those annual
reports. The RWQCB has recently completed an evaluation of various WURMP
programs in the San Diego region, including the San Diego Bay WURMP. A report with
findings and more specific direction for future watershed activities is anticipated in the
fall of 2008. It is expected that some additional activities and modification of existing
activities will be required by the RWQCB's report.
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. The City has taken on the responsibility of serving as the
secretary for the Municipal Workgroup, and we will assist the City in fulfilling that
responsibility.
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/7t 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.
Principal
Engineer
Project
Scientist
Asst Proj
Scientist
Staff
Scientist
Drafter
Word
Processor
Clerk
ODC*
Calculated
Total
Rounded
Total
Rate
$140
$110
$95
$85
$65
$55
$50
Task Description
Project Coordination
60
50
20
$400
$16,200
$16,000
Data Management and GIS
12
60
68
20
45
$18,915
$19,000
Assist in Compliance Inspection Program
8
16
40
206
18
$1,800
$26,980
$27,000
SUSMP Implementation and Document
Preparation
40
78
40
$100
$18,080
$18,000
Dry Weather Analytical Monitoring and
Field Screening
12
16
104
4
8
$3,000
$15,980
$16,000
Follow-up Investigations
8
8
76
4
4
$3,000
$11,940
$12,000
Additional Monitoring and Special Studies
12
14
60
2
2
$1,500
$10,060
$10,000
Document Revisions for New Permit
Requirements
20
45
40
30
12
$200
$14,960
$15,000
Training and Education
40
54
60
20
20
$5,000
$25,040
$25,000
Watershed Urban Runoff Management
Programs
16
70
54
30
12
$800
$19,080
$19,000
Representing the City in Various
Meetings
30
50
16
$800
$12,020
$12,000
Other Storm Water Services
12
16
16
64
8
$200
$11,040
$11,000
Total
270
477
354
610
10
129
0
$16,800
$200,295
$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).
EXHIBIT B
COST SUMMARY & FEE SCHEDULE
SCHEDULE OF FEES
July 1, 2008
w►_ a
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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
Assistant Project Scientist/Engineer
Project Scientist/Engineer
Senior Scientist/Engineer
Principal Scientist/Engineer
$ 50
55
65
65
75
85
95
110
120
140
* 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.
C:\FORMS\FEE SCHEDULE 2008 SF-8
OTHER CHARGES
Subcontracted services, such as sub
consultants, 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%. Mileage will be
charged at a rate of $0.67 per mile.
Client will be responsible for any applicable
taxes in addition to the fees due for
Services.
EXHIBIT C
PROJECT SCHEDULE
Tasks
S
SEP 2008
OCT 2008
NOV 2008
DEC 2008
JAN 2009
FEB 2009
MAR 2009
APR 2009
MAY 2009
JUN 2009
Project Coordination
Data Management
Assist in Compliance
Inspection Program
Dry
Weather Analytical
Monitoring and Field
Screening_
Follow
-Up
Investigations
Additional Monitoring
and Special Studies
Document Revisions
for New Permit
Requirements
Training and
Education
Watershed Urban
Runoff Management
Program
Representing the City
in Various Meetings
Other Storm Water
Services
ACORD�, CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYY)
08/21/08
PRODUCER 0A99520
Cavignac & Associates
450 B Street, Suite 1800
San Diego, CA 92101-8005
Dorothy Amundson
INSURED
D-MAX Engineering, Inc.
7220 Trade Street, Suite
San Diego, CA 92121
119
1-619-234-6848
THIS CERTIFICATE IS 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
INSURER A.The Travelers Indemnity Company of Connecticut
INSURER B.Beazley Ineurance Company, Inc.
INSURER C
INSURER D.
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I POLICY EFFECTIVE 1 POLICY EXPIRATION
1-711 TYPE OF INSURANCE POLICY NUMBER DATE IMMOONYl DATE Il lima TI
LIMITS
A GENERALLIABILITY 6807350L622 01/01/08 01/01/09
EACH OCCURRENCE �1,000,000
X
COMMERCIAL GENERALLIABILITY
FIRE DAMAGE (Any one fire) S 300,000
CLAIMS MADE X 1 OCCUR
,
MED EJ(P (Any one person) 5 5,000
X
Contractual Liab.
I
PERSONAL 6ADVINJURY 5 1,000,000
1 X
Separation of Insureds
GENERAL AGGREGATE 52,000,000
rGEN'L
AGGREGATE LIMIT APPLIES PER
I
-
PRODUCTS . COMPIOP AGG $ 2,000,000
'PRO-
- - --
POLICY ; X : JFCT - I
I LOC
A
AUTOMOBILE LIABILITY
BA8924L251
01/01/08
01/01/09
COMBINED SINGLE LIMIT 1 5 1,000,000
ANY AUTO
I (Ea accdent)
ALL OWNED AUTOS
BODILY INJURY
5
' SCHEDULED AUTOS
person)
X
HIRED AUTOS
_(Per
BODILY INJURY
_ _ __ _
X
NON -OWNED AUTOS
(Per acadenl) S
X
No Company Owned Autosl
PROPERTY DAMAGE
-
(Per accident; 5
1 GARAGE LIABILITY
AUTO ONLY . EA ACCIDENT - 5
ANY AUTO -
OTHER THAN EA ACC S
AUTO ONLY AGG 5
EXCESS LIABILITY
EACH OCCURRENCE S
I OCCUR L I CLAIMS MADE
AGGREGATE
IS
_
1 I
DEDUCTIBLE i
5
1
RETENTION 5 -
1 5
A WORKERS COMPENSATION AND 'UB5527Y628 01/01/08 01/01/09
X WCSTATU- IOTH-I
at-i--
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT 5 1,000,000
El DISEASE - EAEMPLOYEEJ $ 1,000,000
1
E L DISEASE - POLICY LIMIT S 1, 000, 000
OTHER
B Professional Liability V15JP008PNPM 01/01/08 1 01/01/09
Each Claim $1,000,000
Aggregate $1,000,000
s
DESCRIPTION OF OPERATIONSILOCATIONSNEHI :LESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
*Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense costs
Included within Limit of Liability.
RE: Storm Water Services. The City of National City is named as Additional Insured
as respects to General Liability
per attached. Waiver of Subrogation applies to Workere Compensation per attached.
*10 days NOC for non-payment of premium.
CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION 10 days NOC for non-payment of premium
City of National City
Engineering Dept.
Attn: Barby Tipton
1243 National City Blvd.
National City, CA 91950-4397
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7197) JWise
9586981
Certificate Delivery by CertificatesNow - www ConfirmNet com - 877 669 8600
ACORD CORPORATION 1988
POLICY NUMBER: 6807350L622
NAMED INSURED:
D-MAX Engineering, Inc.
COMMERCIAL GENERAL LIABILITY
DATE ISSUED: 08/21/08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
1. WHO IS AN INSURED (Section II) is
amended to include any person or
organization that you agree in a "contract
or agreement requiring insurance" to
include as an additional insured on this
Coverage Part , but:
a. Only with respect to liability for "bodily
injury", "property damage" or "personal
injury"; and
b. if the injury or damage arises out of
the performance, by you or your
subcontractor, of "your work" to which
the "contract or agreement requiring
insurance" applies. Such person or
organization does not qualify as an
additional insured with respect to their
independent acts or for "bodily injury",
"property damage" or "personal injury"
for which that person or organization
has assumed liability in a contract or
agreement.
2. The insurance provided to the additional
insured by this endorsement is limited as
follows:
a. This insurance does not apply on any
basis to any person or organization for
which coverage as an additional
insured specifically is added by another
endorsement to this Coverage Part.
CG D3 81 09 06
b. This insurance does not apply to the
rendering of or failure to render any
"professional services".
c. The limits of insurance afforded to the
additional insured shall be the limits
which you agreed to provide in that
"contract or agreement requiring
insurance", or the limits shown in the
Declarations for this Coverage Part,
whichever are less. This endorsement
does not increase the limits of
insurance stated in the LIMITS OF
INSURANCE (Section III) for this
Coverage Part.
3. The following is added to Paragraph a. of
4. Other Insurance in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
However, if you specifically agree in a
"contract or agreement requiring
insurance" that the insurance provided
to an additional insured under this
Coverage Part must apply on a
primary basis, or a primary and non-
contributory basis, this insurance is
primary to other insurance that is
available to such additional insured
which covers such additional insured
as a named insured, and we will not
share with the other insurance,
provided that:
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2
Copyright, Insurance Services Office, Inc., 2001
(1) The "bodily injury" or "property
damage" for which coverage is
sought occurs; and
(2) The "personal injury" for which
coverage is sought arises out of
an offense committed;
after you have entered into that
"contract or agreement requiring
insurance". But this insurance still is
excess over valid and collectible other
insurance, whether primary, excess,
contingent or on any other basis, that
is available to the insured when the
insured is an additional insured under
any other insurance.
4. The following is added to Paragraph 8.
Transfer Of Rights Of Recovery Against
Others To Us in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
We waive any rights of recovery we may
have against any person or organization
because of payments we make for "bodily
injury", "property damage" or "personal
injury" arising out of "your work"
performed by you, or on your behalf,
under a "contract or agreement requiring
insurance" with that person or
organization. We waive these rights only
where you have agreed to do so as part
of the "contract or agreement requiring
insurance" with such person or
organization entered into by you before,
and in effect when, the "bodily injury" or
"property damage" occurs, or the
"personal injury" offense is committed.
5. As respects the insurance provided to the
additional insured by this endorsement,
the following definition is added to
DEFINITIONS (Section V):
"contract or agreement requiring
insurance" means that part of any
contract or agreement under which you
are required to include a person or
organization as an additional insured on
this Coverage Part, provided that the
"bodily injury" and "property damage"
occurs, and the "personal injury" is
caused by an offense committed:
a. After you have entered into that
contract or agreement;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy
period.
All other terms of your policy remain the
same.
CG D3 81 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2
Copyright, Insurance Services Office, Inc., 1988
V TRAVELERS
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00) — 001
POLICY NUMBER: UB5527Y628
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule.
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
ALL PERSONS OR ORGANIZATIONS
THAT ARE PARTIES TO A CONTRACT
THAT REQUIRES YOU TO OBTAIN
THIS AGREEMENT, PROVIDED YOU
EXECUTED THE CONTRACT BEFORE
THE LOSS
RESOLUTION NO. 2008 — 175
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 NOT -TO -EXCEED 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 2nd day of September, 2008.
Ron Mdrrison, Mayor
ATTEST:
H 4/ A
Mi ael R. Dalla C. Clerk
APPROVED AS TO FORM:
/JCD
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
September 2, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/,!!
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-175 of the City of National City, California, passed and
adopted by the Council of said City on September 2, 2008.
City Clerk of the City of National City, Califomia
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 2, 2008
AGENDA ITEM NO.
6
ITEM TITLE
Resolution authorising the Mayor to execute an agreement with D-Max Engineering, Inc in the amount not to exceed
$200,000 in order to continue providing the Gty with engineering and environmental services and assist implementing National Pollutants
Discharge Elimination System (NPDES) Permit requirements (Funded through the Sewer Fund)
PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583
EXPLANATION
Please see attached.
Environmental Review X N/A
Financial Statement
Funds are available in account 125-422-222-299-0000.
MIS Approval
Approved By:
Finance Director
Account No
STAFF RECOMMEND ION
Adopt e , eso on.
BOARD / COM 1 I0J C • MMEND
N/A
ATTACHMENTS (Listed Below) Resolution No.
I. Resolution
2. Agreement
3. Exhibits A, B, and C
•
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
September 4, 2008
Mr. Arsalan Dadkhah
President
D-Max Engineering, Inc.
7220 Trade Street, Suite 119
San Diego, CA 92121
Dear Mr. Dadkhah,
On September 2nd, 2008, Resolution No. 2008-175 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.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Engineering Department
® Recycled Paper