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Home My WebLink About2010 CON D-Max Engineering - NPDES PermitAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 22th day of June, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-MAX ENGINEERING, INC., a water and environmental science consulting firm (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Storm Water Consulting support. WHEREAS, the CITY has determined that the CONSULTANT is a consultant in water and environmental sciences 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 15% 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. Arasalan 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 amount of $250,000.00, the schedule given in Exhibit "A" without prior written authorization from the City Engineer. 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 "A", which is June 30, 2011 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. 2 City's Standard Agreement — June 2008 revision 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. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily 3 City's Standard Agreement — June 2008 revision 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 Agreement without the prior written consent of the CITY. In its performance hereunder, the 4 City's Standard Agreement — June 2008 revision 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, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the 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 a d maintain, and shall require its subCONSULTANTs, when applicable, to purchase and rrtain in 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 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. 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 5 City's Standard Agreement— June 2008 revision 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. 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. 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 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. 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 notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 City's Standard Agreement — June 2008 revision 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: Maryam Babaki, P.E., City Engineer 1243 National City Blvd National City, CA 91950-4301 Phone: 619-336-4380 Fax: 619-336-4397 To CONSULTANT: Arsalan Dadkhah, Ph.D., P.E. 7200 Trade Street, Suite 119 San Diego, CA 92121 Phone: 858-586-6600 Fax: 858-586-6644 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 7 City's Standard Agreement —June 2008 revision 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. ❑ 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. 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. 8 City's Standard Agreement — June 2008 revision H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY B Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney D-MAX ENGINEERING, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) BY: ChL- 9OkeldeLc/ (Name) 4P 2l2Y/ 08&/I y (Print) / (Title) 9 City's Standard Agreement— June 2008 revision 111111Mk— — vMIN MN WINO' on MN eO r 41M111 11WMI iv Minair'd—diNIriA EXHIBIT A D-MAx will provide storm water services to assist the City of National City in complying with NPDES permits and enhance the water quality of runoff generated within the City. The tasks anticipated to be necessary during the fiscal year are categorized into two groups. Group I tasks are similar to those completed during 2009-2010. Group II tasks are related to new regulatory requirements. Since Group I tasks are most critical for permit compliance, we propose giving these tasks first priority. The relative priorities to be assigned to different tasks will be discussed at the annual program kick-off meeting and revisited periodically at the monthly coordination meetings to ensure the City's needs are being met. Group 1 Tasks ■ 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 distribution. • 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, SUSMP post -construction best management practice (BMP) tracking and inspections, and a variety of municipal activities. D-MAx will also assist the City with GIS analysis where necessary for the NPDES program. D-Max will enter data provided by the City and regularly provide the City with copies of the databases it maintains. • 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 municipal facilities and activities inspections ■ Conducting follow-up, complaint, and/or other special inspections, as applicable • Data entry into databases for these inspections • SUSMP Implementation and Document Preparation. We will continue to assist the City with implementation of the SUSMP program as follows. This task also 1 11111111..—OM =MIMI OM - OM A A V =Minnldilib17A includes assisting the City in implementing tasks related to the new Hydromodification Management Plan (HMP) that is currently under review by the RWQCB. It is anticipated that the HMP will be approved by the RWQCB in June 2010. The City will then have 180 days to adopt the HMP requirements into the City's SUSMP Manual and/or related ordinances. Note that review of SUSMP report and Storm Water Pollution Prevention Plan (SWPPP) documents are included under a different contract. • Assist with required revisions to the City's SUSMP Manual and related ordinances in accordance with the new HMP. • 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 SWPPPs 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 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. In the event that a site is dry, visual observations will be recorded and an alternate site will be selected. 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. 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 2 - - - M s O M ▪ InIIM *v !i - AAA 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 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. Dry Weather Data Conversion: The County of San Diego maintains a regional database of dry weather monitoring data collected by the Copermittees. The County requires that each City convert its dry weather monitoring data into a standard format so that it can be easily uploaded into the regional database. The process involves converting the data from tables designed for ease of reading and reference to more duplicative tables that are designed to allow for more efficient data analysis using the regional database. D-MAx will assist the City by performing this conversion process. 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. Reporting also includes preparing a spreadsheet of the collected data in the regionally standardized format and submitting it to the County of San Diego. • Follow -Up Investigations. During the dry weather field screening program if field investigations do not reveal a specific source of contamination, or if the results of the laboratory analysis indicate presence of pollutants in excess of action levels, further investigation will be conducted which may include the following steps: • Tracing flows or discharges upstream • Conducting field screening sampling • Contacting dischargers • Sampling for laboratory analysis • Documenting source investigations At the conclusion of the follow-up investigations, a summary report will be prepared summarizing the findings, conclusions and recommendations. Per Municipal Permit requirements, all laboratory analytical exceedances will be followed up within two business days of receiving the results from the lab. Also, upstream investigations for bacteria will utilize Colilert and Enterolert methods for bacterial analyses. These w- s MI WE= MINI ME IIMINMAMI --r MilIMM Air -ra - 11.6!'SA newer methods have a faster turnaround time than standard analysis methods, which is an advantage during upstream source tracking investigations. • MS4 Monitoring. The new Municipal Permit requires that the City conduct MS4 outfall monitoring. The MS4 monitoring will be conducted prior to August 1 and will include additional laboratory analytical work. The goal of the MS4 outfall monitoring program is to provide additional assessment of the potential for outfalls that discharge directly to receiving water bodies to discharge pollutants of concern associated with the applicable receiving water body. D-MAx will conduct MS4 outfall monitoring as described in the Copermittees' MS4 outfall monitoring workplan. We will also provide a spreadsheet of the MS4 outfall monitoring data in the regionally standardized format in advance of the regionally established deadline for targeted dry weather MS4 outfall monitoring data submittal. • JURMP Annual Report. As a requirement of the Municipal Permit, the City must produce an annual report to the RWQCB detailing the activities that have been conducted during the previous reporting period to reduce pollutants in urban runoff. The JURMP Annual Report to be submitted by September 30, 2010, will document the activities that the City has conducted during the past reporting period of July 1, 2009 through June 30, 2010. Report preparation includes 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. Review and Respond to RWQCB Comments If any comments on the 2008-2009 JURMP Annual Report are received, we will prepare a response to those comments and include it as an attachment to the 2009-2010 JURMP Annual Report. Prepare JURMP Annual Report This task includes the preparation of the JURMP Annual Report in accordance with Section I of the Municipal Permit. A draft report will be prepared and submitted to the City for comments, after which a final report will be prepared. Two hard copies and four electronic copies of the final report will be prepared and delivered to the City. The following sections will be included in the report: ► Executive Summary: will include summary of overall changes in requirements and lists of key achievements for the various elements of the City's program. ► Introduction: will include a summary of the City's storm water program, the relevant regulatory requirements, and a summary list of key achievements. ► Development Planning: will include descriptions of the City's efforts to require BMP implementation for new development and redevelopment projects, including the City's SUSMP; treatment control BMP inventory update; treatment control BMP inspections; and treatment control BMP operation and maintenance verifications. 4 w� a I 'Ma M INN MN MEW= Air W.; dillbell1111. ► Construction: will include a description of the City's new BMP requirements and inventory management and inspection efforts, including enforcement. ► Municipal: will include descriptions of the City's updated programs for activities such as street sweeping, MS4 maintenance, and fertilizer management. A description of the City's inspections of municipal facilities and activities, including any relevant enforcement action, will also be included. ► Industrial/Commercial: will include a description of the City's new BMP requirements and inventory management and inspection efforts, including enforcement. It will also include a discussion of the City's efforts with respect to mobile businesses. ► Residential: will include a description of the City's education and enforcement efforts, including complaint investigations, related to residential areas. ► Illicit Discharge Detection and Elimination (IDDE): will include descriptions of complaint receipt and responses, mechanisms to prevent and respond to sanitary sewer spills, Dry Weather Monitoring Program results, responses to recommendations generated based on the previous year's Dry Weather Monitoring Program, and a summary of the illicit connections and illegal discharges detected in the City and how they were resolved. ► Education: will include descriptions of various educational efforts by the City. The new Municipal Permit emphasizes presenting educational efforts categorized by type of target audience. ► Public Participation: will include a description of the City's efforts to involve the public in the development and implementation of its storm water program. ► Fiscal Analysis: will include a summary of the funding sources for the City's storm water program and budget line items. A new fiscal analysis framework has been developed by the Copermittees, and it will need to be implemented for the 2009/2010 JURMP Annual Report. Adapting the City's financial information to the new format will require developing a different structure for the section and working with the City to match financial data to the standard categories provided in the new fiscal analysis framework adopted by the Copermittees. ► Effectiveness Assessment: will include analyses of the effectiveness of the City's storm water program. The matrix presented in the City's 2008-2009 JURMP Annual Report will be used as a guideline for this section, and graphs of Dry Weather Monitoring Program data similar to what has been presented in previous annual reports will also be prepared. ► Special Investigations: will include a summary of any additional progress on the clean community program and any other relevant special studies completed during 2009-2010. ► Conclusions: will include a brief conclusions section similar to what has been presented in previous annual reports. 5 -- i —iNinl MIN — M SEM 111111--wv MUSA ■ 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. We will coordinate with the City to determine if a similar approach should be used in 2010-2011 or whether a different approach will be more beneficial. 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. Most likely the City will focus its outreach efforts on one or two target audiences or topics; workshops and target audiences could include those listed below: 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 and hydromodification management measures for Priority Development Projects Subject to SUSMP. 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 session 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 Municipal Permit 6 w_ s I =MIAMI I MN -- NM - MN wv MINNIFFIE ZzA 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. Since 2004 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. The City is also required to implement activities that measurably change knowledge, awareness, or behavior or target audiences and activities that result in significant pollutant Toad reductions or source abatement each year. We will assist the City with implementing these activities to meet WURMP requirements. • 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 Regional WURMP 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. 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. Group II Tasks ■ Source Identification Special Studies. Additional monitoring studies may be necessary for source investigation purposes, including for efforts linked to WURMP activity implementation to address watershed pollutants of concern or to TMDLs. 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. w— - -- MIIIMMINUM I --I NM DWI *v wdlb — AAA • Web -Based Database Development. The City's current NPDES program databases are in MS Access format. D-MAx maintains the databases and periodically sends updated versions to the City. We propose to develop web - based data management systems that can be used to track the data that most regularly changes, such as industrial and commercial inspections. Using a web -based database will allow for both City and D-MAx users to access up to date data without the process of transferring MS Access files back and forth. This will help the City better comply with Municipal Permit requirements through more effective information transfer and a clearer understanding of where enforcement actions are needed. D-MAx will provide hosting for the data, but the City will retain ownership of all data. Access to the site will through a password -protected login. ■ TMDL Planning. The Paleta Creek/71h Street Channel TMDL is currently under development, and TMDLs related to 303(d) listed impairments in the City of National City are proposed in the future. We will use monitoring data, inspection data, land use information, and other relevant data to prepare a strategic framework for taking actions with respect to TMDL regulations. The framework will include an assessment of sources within the watershed for each impaired water body, an assessment of potential BMPs or related management measures to address the identified sources, and methods that can be used to assess the effectiveness of implementing the BMPs. A draft framework document will be prepared and provided to the City for review. Review comments will be incorporated, after which the document will be finalized and delivered to the City. 8 EXHIBIT B COST SUMMARY & FEE SCHEDULE We propose to complete the aforementioned services on a time and materials basis (not to exceed $250,000 total) in accordance with the attached schedule of fees. Our estimated costs are listed below. Principal Project Asst Proj Staff Word Engineer Scientist Scientist Scientist Drafter Processor Clerk ODC* Total Rate $140 $110 $95 $85 $65 $55 $50 Group I Tasks Project Coordination 40 40 20 $400 $12,300 Data Management and GIS 4 20 12 20 45 $8,075 Assist in Compliance Inspection Program SUSMP Implementation and Document Preparation 12 24 60 440 60 $1,800 40 50 48 8 $100 $52,520 $16,200 Dry Weather Analytical Monitoring and Field Screening 12 16 24 84 4 8 $3,275 $16,835 Follow-up Investigations 8 8 16 60 4 4 $2,900 $12,000 MS4 Monitoring 2 2 6 24 2 2 $1,500 $4,850 JURMP Annual Report 20 50 130 30 12 $200 $24,060 Training and Education Watershed Urban Runoff Management Program Representing the City in Various Meetings Other Storm Water Services 20 20 60 20 20 $5,000 16 50 54 30 12 $700 30 50 16 $800 8 8 16 20 8 $200 $18,500 $16,780 $12,020 $5,860 Total 212 338 462 728 10 179 0 $16,875 $200,000 Group II Tasks Source Identification and Special Studies 12 32 40 180 8 16 $3,120 $28,820 Web -Based Database Development TMDL Planning 6 32 16 100 12 12 40 $14,380 $6,800 Total 30 76 96 280 8 16 0 $3,120 $ 50,000 EXHIBIT B COST SUMMARY & FEE SCHEDULE SCHEDULE OF FEES January 1, 2010 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. 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 $0.57 per mile. Client will be responsible for any applicable taxes in addition to the fees due for Services. EXHIBIT C PROJECT SCHEDULE Tasks JULY 2010 AUG SEP 2010 2010 OCT 2010 NOV 2010 DEC 2010 JAN 2011 FEB 2011 MAR 2011 APR 2011 MAY 2011 JUN 2011 Project Coordination Data Management ' Assist in Compliance Inspection Program Dry Weather Analytical Monitoring and Field Screening Follow -Up Investigations MS4 Monitoring JURMP Annual Report Training and Education Watershed Urban Runoff Management Program Representing the City in Various Meetings Other Storm Water Services Source Identification and Special Studies Web -Based Database Development L TMDL Planning ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMWODAW ) 12/30/09 PRODUCER 0A99520 Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 certificates@c av ignac .c om,,,,,_,-._ INSURED D-MAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS PROPERTY CAS CO OP AMER 25674 INSURER 11 TRAVELERS CAS & SURETY CO 19038 INSURER C: CATLIN INS CO 19518 INSURER O: INSURER E. COVERAGES If ANY MAY POLICIES. ILIR LTR IE POLICIES REQUIREMENT. PERTAIN, NSR -._ NSRO OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED TERM OR CONDITION OF ANY CONTRACT OR 07HER THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID NAMED ABOVE DOCUMENT WITH IS SUBJECT CLAIMS. _. DATE POL 'MM)DDEFFECTIVEYTY rMMfODNYYYI FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH IltdrrS _._._._______ _"............... TYPE OF INSURANCE '--- .. ----. '- POLICY NUMBER � POLICY EXPIRATION PATEDAW00ATION GATE (MMIODM'YY) A X GENERALLIABILiTY 6807350L622 01/01/10 01/01/11 EACH OCCURRENCE 5 1,000,000 -_-) DAMAGE TO RENTED X I COMMERCIAL GENERAlumseuTY PREMISES{Ea cNcurrencc] 51,000, 000 1 CLAIMS MADE X I OCCUR NED EXP (Any one person) 5 10 , 000 X ! Contractual Liab. PERSONAL a AOVINJURY 5 1,000,000 X j Separation of Insureds GENERAL AGGREGATE $ 2,000 000 GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OPAGG 5 2,000,000 POLICY { Xl Fief 1 I LOC Deductible None A X AUTOMOBLELIABILITY BA8924L251 01/01/10 01/01/11 COMBINEDSINGLELIMII 000 X ANY AUTO (Ea accident) ' ' ALL OWNED AUTOS 000ILV INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) _._� ..._...__...__...._.__—____.__. ___ PROPERTY DAMAGE {Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG 5 EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE S __j OCCUR L . J CLAIMS MADE AGGREGATE S 1 _ __ DEDUCTIBLE 5 RETENTION 5 WORKERS COMPENSATION 01/01/11 � WC STATU• OTH- B ANO EMPLOYERS' LIABILITY UB5527Y628 01/01/10 TORY.II'diSS ..... _... _ _._ __.. YIN ANY CEEEXLUCU TVE I E.L.EACHAC_C_OE_NET' _ $ 1,_000,000 OFFICER/MEMBER EXCLUDED? I_ (Mandaoryin NH) El. DISEASE - EA EMPLOYEE S 1,000,000 If yes, drse,il o under SPECIAL PROVISIONS Lc w E.I. DISEASE -POLICY LIMIT 51,000,000 OTHER C Professional Liability AED985360111 01/01/10 01/01/11 Each Claim 1,000,000 Claims made, defense costs Aggregate 1,000,000 included within limit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS RE: Storm Water Services. The City of National City, its elected officials, officers, agents, and employees are additional insured with respect tt general liability per attached & auto liability per policy form. Waiver of Subrogation applies to workers compensation per attached. CERTIFICATE HOLDER City of National City City Attorney's Office 1243 National City Blvd. National City, CA 91950-4397 USA CANCELLATION *10 days NOC for non-payment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E 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 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTI{ORI2ED REPRESENTATIVE ACORD 25 (2009/01) Katherine © 1988-2009 ACORD CORPORATION. All rights reserved. 14043536 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6907350L622 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 12/30/09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): The City of National City, its elected officials, officers, agents, and employees PROJECT/LOCATION OF COVERED OPERATIONS: Storm Water Services PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard". CG 03 82 09 07 Such person or organization does not qualify as an additional insured for "bodily injury", "property damage", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, 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 2007 The Travelers Companies, Inc. Page 7 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission LIMITS OF INSURANCE (Section III) for this coverage part. B. 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, for the additional insured shown in the Schedule, the insurance provided to that 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 to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (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" for such additional insured. 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 additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in CG D 3 82 09 07 COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): 'Contract or agreement requiring insurance" means that any contract or agreement under which you are required to include the person or organization shown in the Schedule 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. 2007 The Travelers Companies, Inc. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy No. BA8924L251 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section 1I - Liability Coverage, Paragraph A.1. Who Is An Insured Pro- vision: Any person or organization that you are required to include as additional insured on the Coverage Form in CAT4370808 a written contract or agreement that is signed and executed by you before the "bodily injury' or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only For damages to which this Insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section Cc,2008 The Travelers Companies, Inc. Page 1 of 1 TRAVELERS WORICERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: Ua5527Y628 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. Person or Organization Schedule Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT TEAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. ACC? DR CERTIFICATE OF LIABILITY INSURANCE DATE (MMl00f 'YY) 12/30/09 r'ROD'JCER 0A95520 Cavignac & Asscciatee 450 8 Street, Suite 1800 San Diego, CA 92101-8005 certificates®cavignac.com-,-__, INSURED D-MAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 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 NAIC # INSURER A, TRAVELERS PROPERTY CAS CO OP AMER 25674 INSURER B: TRAVELERS CAS & SURETY CO 19038, INSURER C: CATLIN INS CO 19518 INSURER D: INSURER E. COVERAGES THE ANY MAY POLICIES. INSR LTR POLICIES REQUIREMENT, PERTAIN, DD'L NSRC� OF INSURANCE LISTED BELOW TERM OR CONDITION THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID —_ POLICY NUMBER NAMED ABOVE DOCUMENT WITH IS SUBJECT CLAIMS. —POLICY EFFECTIVE .DATE (MM/DDM'YY1 FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, POLICY EXPIRATION DATE fMMIODA'YYY PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS TYPE OF INSURANCE A X GENERAL LIABILITY 60073501622 01/01/10 01/01/11 EACH OCCURRENCE 5 1,000,000 DAMAGE TO RENY£D X COMMERCIAL GENERAL LIABILITY PREMISES_(Ea occurrence) S 1, 000, 000 I CLAIMS MADE [X_j OCCUR MED EXP(Any one person) S 10, 000 X . Contractual Liab. PERSONAL &ADV INJURY $ 1,000,000 X, Separation of Insureds GENERAL AGGREGATE $2,000,000 G_EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG 52,000 000 1 POLICY rX1 JFOT 1 I LOC Deductible None A X •AUTOMOBILE LIABILITY EA8924L251 01/01/10 01/01/11 COMBINED SINGLE LIMIT 51, 000, 000 X ANY AUTO (Ea aeddent)_-_`•__-__....._..... ALL OWNED AUTOS BODILY INJURY _ _ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) S NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT 5 ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG S EXCESS / UMBRELLA LIABILITY EACH -OCCURRENCE $___�_ J OCCUR [ 1 CLAIMS MADE AGGREGATE $ -------------- D DEDUCTIBLE RETENTION 5 $ WORKERS COMPENSATION 01/01/11 X lj WC STAID- I OTH- B AND EMPLOYERS' ANY LIABILITY YIN UH5527Y628 01 01 10 / / ._...I.TOR,Y_LIMIlS E73 E.L. EACH ACCIDENT 1,000,000 $ _ CER/MEMBEPROPRIETOR/PARTNER/EXECUTIVE (MandaWMEMBER (Mandatory,n If yes. describe EXCLUDED? E.L. DISEASE • EA EMPLOYEE($ -..._ _.___.. 1 1,000 OCo ....__ NH) under SPECIAL PROVISIONS below E L. DISEASE • POLICY LIMIT 5 1,000,000 OTHER C Professional Liability AED985360111 01/01/10 01/01/11 Each Claim 1,000,000 Claims made, defense costs Aggregate 1,000,000 included within limit DESCRIPTION OF OPERATIONS !LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Storm Water Services. The City of National City, its elected officials, officers, agents, and employees are additional insured with respect tr general liability per attached & auto liability per policy form. Waiver of Subrogation applies to workers compensation per attached. CERTIFICATE HOLDER City of National City City Attorneys Office 1243 National City Blvd. National City, CA 91950-4397 USA CANCELLATION *10 days NOC for non-payment of premium. SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED B EFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOL DER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. Ifs AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) Katherine 01988-2009 ACORD CORPORATION. All rights reserved. 14043536 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6807350L622 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 12/30/09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): The City of National City, its elected officials, officers, agents, and employees PROJECT/LOCATION OF COVERED OPERATIONS: Storm Water Services PROVISIONS A. The following is added to WHO IS AN INSURED (Section I1): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard". CG03820907 Such person or organization does not qualify as an additional insured for "bodily injury", "property damage", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, 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 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission LIMITS OF INSURANCE (Section ill) for this coverage part. B. 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, for the additional insured shown in the Schedule, the insurance provided to that 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 to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (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" for such additional insured. 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 additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in CGD3820907 COMMERCIAL GENERAL LIABILITY •CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that any contract or agreement under which you are required to include the person or organization shown in the Schedule 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. 2007 The Travelers Companies, Inc. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy No. BA8924L251 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II - Liability Coverage, Paragraph A.1. Who Is An Insured Pro- vision: Any person or organization that you are required to include as additional insured on the Coverage Form in CAT4370808 a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. (6200B The Travelers Companies, Inc. Page 1 of 1 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UB5527Y62e 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. 2010 — 129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $250,000 TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES, AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS WHEREAS, based upon requirements of the adopted National Pollutants Discharge Elimination System (NPDES) Permit No. CAS0108758, Order No. R9-2007-0001, and the National City Jurisdictional Urban Runoff Management Program (JURMP), the City is committed to implement its efforts in various aspects of this program and maintain its compliance with the permit requirements; and WHEREAS, the City desires to employ a contractor to provide the City with engineering and environmental services, and to assist implementing 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 in the not -to -exceed amount of $250,000. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with D-Max Engineering, Inc. in the not -to -exceed amount of $250,000 to provide 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 22nd day of June, ATTEST: 4 Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 22, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City lerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-129 of the City of National City, California, passed and adopted by the Council of said City on June 22, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT C 400H•1.4\ MEETING DATE: June 22, 2010 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of National City approving a contract agreement between the City and D-Max Engineering, Inc. for the Not -to -Exceed amount of $250,000 to provide 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: Barby Tipton DEPARTMENT: Dever , _ ? .ery es/ En PHONE: APPROVED BY• EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. 125-406-029-299 APPROVED: APPROVED: This agreement is for contract cost with a "Not to Exceed" amount of $250,00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 3. Agreement \O.. "), - °a9 IIVCORPQRATED June 29, 2010 Mr. Arsalan Dadkhah D-Max Engineering, Inc. 7200 Trade Street, Suite 119 San Diego, CA 92121 Dear Mr. Dadkhah, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On June 22nd, 2010, Resolution No. 2010-129 was passed and adopted by the City Council of the City of National City, authorizing execution of Agreement with D-Max Engineering, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.