The URL can be used to link to this page

Home My WebLink About2014 CON D-Max Engineering - On-Call Project Support Services CIP ProgramAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 15th day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max Engineering, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is an engineering and environmental consulting 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 agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall 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", including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. 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 specified 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 1 City's Standard Agreement —2011 revision 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. Stephen Manganiello, Director of Public Works/City Engineer, 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, P.E., Principal, 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 $1,000,000 (the Base amount) without prior written authorization from the Project Coordinator. 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. EFFECTIVE DATE AND_L.ENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's Standard Agreement-2011 revision 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. 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. jNDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees 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(S) to adhere to the applicable terms of this Agreement. 3 City's Standard Agreement —2011 revision 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 or the CONSULTANT'S agents, servants, or employees are not 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 CONSULTANT, 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 SUBCONSULTANT(S), 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 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. 4 City's Standard Agreement —2011 revision 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 14, 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 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. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement 2011 revision 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 SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked 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"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 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. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 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. 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. 6 City's Standard Agreement —2011 revision G. Insurance shall be written with only California admitted companies that 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. H. 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. I. 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 7 City's Standard Agreement —201 I revision 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 7. 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: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement —2011 revision To CONSULTANT: Arsalan Dadkhah, P.E. Principal D-Max Engineering, Inc. 7220 Trade Street, Suite 119 Carlsbad, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 City s Standard Agreement —2011 revision 24. 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 teens of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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. 10 City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor D-MAX ENGINEERING, INC. By: ��i� -�-�- L%J Arsalan Dadkhah, President 11 City's Standard Agreement-2011 revision Exhibit A D-MAx Engineering, Inc. Consultants in Water & Environmental Sciences .1111.111. v AINNI NMI MI == - ~. - - A "' MIND L1A February 24, 2014 Mr. Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering and Public Works 1243 National City Boulevard National City, CA 91950 Re: Request for Qualifications for On -Call Project Support Services for National City's Capital Improvement Program Dear Mr. Manganiello: In response to your Request for Qualifications (RFQ) dated January 27, 2014, D-MAx Engineering, Inc. (D-MAx) is pleased to submit this Statement of Qualifications (SOQ) to provide on -call project support services for National City's Capital Improvement Program (CIP). We are proposing to assist the City in two of the disciplines listed in the RFQ: Environmental Engineering, Planning, and Design, and Environmental Compliance. D-MAx has worked with 18 agencies in San Diego, Riverside, and Orange counties on storm water and wastewater projects, including the City of National City, since D-MAx was founded in 1996. As a result of our extensive project experience, we are very familiar with storm water and wastewater requirements and procedures both in the City of National City and the San Diego region. We are also including Dudek, a local environmental planning and engineering firm, on our team. Dudek will provide additional expertise for CEQA/NEPA and Hazmat services. Proven Record of Successful Program Support. City staff have trusted us to keep them up to date on and in compliance with the ever -changing requirements of environmental regulations for over a decade. We have successfully helped the City revise its programs where regulators found previous efforts by others to be deficient. D-MAx staff have provided updates on requirements to the City Council and have represented the City in regulatory audits and permit negotiations. We have always been available to respond to unanticipated or emergency situations, and we have consistently completed required tasks on time even when a very short turnaround has been required. During this time the City has established an excellent reputation with the Regional Water Quality Control Board (Regional Board). Our staff have also built a strong rapport with City personnel and are very familiar with local policies and constraints. Local Knowledge and Experience. Over the last 18 years, D-MAx personnel have developed in- depth knowledge of the City's development and construction requirements, local businesses, drainage patterns and design, biological resources, and areas of particular concern to members of the community. We have helped bring $2.4 million in grant funding to the City for a project that will improve water quality through Low Impact Development (LID) and is consistent with the City's vision for more walkable, smart growth communities. We have also worked with the City and the National School District for each of the last several years to prepare an environmentally- themed calendar featuring artwork from local students. D-MAx has also sponsored and coordinated creek cleanup events in National City for many years. These events have both improved the condition of local creeks and involved many members of the community. Municipal Storm Water Program Expertise. D-MAx is well-equipped to help the City navigate the demands of new, more stringent storm water requirements. D-MAx has designed storm water 7220 Trade Street • Suite 119 • San Diego, CA 92121 • (858) 586-6600 • Fax (858) 586-6644 Mr. Stephen Manganiello City of National City February 24, 2014 Page 2 IMMIMMINII . - - A V ANIMI.,� program plans for seven municipalities in San Diego County, including the City of National City, and represented the City throughout the permit development process negotiations with the Regional Board. We are currently updating the City's Jurisdictional Runoff Management Plan and representing the City in its role as co -lead for developing the San Diego Bay Watershed Water Quality Improvement Plan. We have completed over 23,000 inspections of industrial, commercial, municipal, treatment control BMP, and construction sites; over 140 dry weather monitoring programs and additional special studies; and more than 30 program annual reports. Environmental Planning and Design Experience. We prepared the City's Standard Urban Storm Water Mitigation Plan (SUSMP) and associated Municipal Code sections to meet regulatory requirements, and we have completed over 100 water quality plan checks for development projects for the City and other local agencies. We have provided LID design expertise for City CIPs and grant -funded projects. LID design will be increasingly more important under new SUSMP requirements, which impose more challenging design standards. We have prepared construction Storm Water Pollution Prevention Plans (SWPPP) for CIPs and helped City staff set up accounts for and enter data into the State's online reporting system. Our team member, Dudek, is widely -known across the San Diego region and throughout the State for its expertise in CEQA compliance, biological monitoring, and obtaining regulatory permits from resource agencies such as the Army Corps of Engineers the California Department of Fish and Game. Wastewater Compliance Experience. We recently rewrote the City's Sanitary Sewer Management Plan, revising standard procedures for sanitary sewer overflow response and reporting and training Public Works staff on the new procedures and forms. D-MAx has also developed and implemented a Fats, Oils, and Grease (FOG) program for the City to comply with wastewater regulations. We have worked with the City to identify areas of chronic FOG build-up and have worked with businesses to ensure they follow FOG requirements. We have also performed FOG inspections for the cities of Vista and Carlsbad. Past Performance and Cost Effectiveness. As a team of professionals focused on providing environmental services, we adapt to our clients' needs and provide a level of flexibility that sets D-MAx apart. Our diverse group of professionals, close proximity to the City, and familiarity with the City allows us to respond to emergency requests quickly, reliably, and cost-effectively. As a small business, we maintain low overhead to provide our clients with highly qualified environmental professionals at affordable rates. For the last 18 years we have completed our projects for the City on time and within or under budget. D-MAx does not take any exceptions to the RFQ or the requirements stated within. It is our understanding that no addenda have been issued for the RFQ. We are confident that our familiarity with the City of National City enables us to provide you with superior service at the best value. We look forward to working with you on this project. If you have any questions or would like to discuss this proposal in more detail, please feel free to contact me at (858) 586-6600, extension 22. Sincerely, D-MAx Engineering, Inc. Arsalan Dadkhah, Ph.D., P.E. Principal IMAM — — — IMAMPM — IMAM AIM IM --- N A AMA 1111111111.0.410 -�nn Contact Information D-MAx is a local environmental consulting firm that provides storm water and wastewater services for municipalities. Our staff of 15 environmental professionals includes civil engineers, environmental scientists, environmental chemists, and biologists who are experienced with the NPDES permit requirements in Southern California. We are a State -certified small business enterprise (SBE). D-Max is organized as a California corporation. Arsalan Dadkhah, Principal, is the contact person for this project. He can be reached at the address and phone number or via email at arsalan@dmaxinc.com. Company Name D-MAx Engineering, Inc. Address 7220 Trade Street, Suite 119 San Dieso, CA 92121 PhonelFaxlEmail 858-586-6600 /858-586-6644 admin . dmaxinc.com Subcontractors To better serve the City, D-MAx has also included several subcontractors as part of our team. Dudek Dudek will provide services in the areas of CEQA/NEPA, Hazmat, and wastewater engineering, working out of their Encinitas headquarters. Dudek is a diversified, multi -discipline firm with professionals in biology, habitat restoration, environmental planning, regulatory compliance, urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and construction management. Founded in 1980 as a two -person wastewater engineering firm, Dudek has grown to be one of the largest California -headquartered environmental firms with more than 300 employees working in nine offices throughout the state. Monitoring Support Services EnviroMatrix Analytical, Inc. (EnviroMatrix) and Sierra Analytical Labs, Inc. (Sierra) will provide laboratory analyses where needed. We have successfully worked with both on past monitoring projects, and we have developed excellent relationships and negotiated discounted rates with both labs. We are including two labs on our team since we have found each lab to have some tests where it is cheaper than the other. Having both on the team allows us to provide the most cost-effective service to the City. Both EnviroMatrix and Sierra are State -certified analytical laboratories that have been involved in many storm water, wastewater, and Hazmat projects in San Diego County. ADS Environmental is also on our team to provide flow meter equipment and installation, as they are currently doing for the City's A Avenue grant project. Additional Notes Regarding Subcontractor .Selection As a certified SBE, D-MAx recognizes the importance of working with other small or disadvantaged businesses. For this project, we identified CEQA/NEPA and Hazmat services as the main opportunities for subcontractor participation. To create our project team, D-MAx first reviewed the CalTrans list of DBEs to identify a strong team member for the work in CEQA/NEPA regulations and hazardous materials management and compliance. However, we were unable to find a local DBE on the CalTrans list with the range of expertise required for CEQA/NEPA and hazmat services. We also contacted the County Department of Environmental Health and evaluated several additional businesses they identified, but we were not able to identify a suitable DBE through that route either. While Dudek is not a DBE, through our past experience with them, we know them to be flexible and responsive, and we are excited to have them as part of our team. SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 3 wa _a a MI ___ M -wMI MUM MI 11.1r - Team Organization and Key Personnel Our project team has extensive experience providing environment services to the City of National City. Key personnel proposed for this project are listed below, and an organization chart follows later in this section. Arsalan Dadkhah, Ph.D., P.E., QSD/QSP — Principal -in -Charge Dr. Dadkhah is a civil engineer with over 30 years of engineering experience with an emphasis on hydrology, hydraulics, and water quality. He has been working with the City of National City since 1996. Dr. Dadkhah has been the project manager of storm water programs and studies in San Diego County since the issuance of the 1990 Municipal Permit and has been actively involved with each Permit reissuance process since then. Dr. Dadkhah has managed numerous storm water permitting and monitoring projects and has extensive experience in preparing pollution prevention and monitoring plans for industrial facilities and construction sites to comply with NPDES Permit requirements. He has provided technical review services for Water Quality Technical Reports subject to SUSMP and hydromodification requirements for the cities of National City, Lemon Grove, and Santee. He also has experience in wastewater management, including the preparation of a Sewer System Master Plan for the Central Davis Sewer District. In addition to his work for southern California municipalities, he has managed storm water quality studies for the Southwest Naval Stations in southern California, the cities of Phoenix and Scottsdale, Arizona, and the City of El Paso, Texas. John Quenzer, CPSWQ, QSD/QSP — Project Manager Mr. Quenzer is an environmental chemist with 10 years of experience in storm water management. He has been working with the City of National City since 2004. Mr. Quenzer prepared the City's current Jurisdictional Runoff Management Program, the document storm water program planning and guidance document. He has represented the City in MS4 Permit negotiations, Total Maximum Daily Load scoping negotiations, and storm water program audits with the Regional Board. He has also provided updates the City Council on changes in storm water regulations and their implications for the City. He is responsible for effectiveness assessment, monitoring, and conceptual LID design for the City's grant -funded A Avenue green street project. He represents the City in its role as co -lead in the process to develop the San Diego Bay Watershed Water Quality Improvement Plan. He has reviewed SUSMPs for the City and several San Diego County Copermittees. He has prepared storm water program plans (JRMP) for seven cities in San Diego County, and he has prepared over 30 JRMP Annual Reports for the cities of National City, La Mesa, Santee, and Poway. He has managed water quality monitoring programs for 11 San Diego County jurisdictions. Jamie Richards, MS, CPSWQ — Storm Water Task Leader Ms. Richards has a Master's in Marine Science and seven years of technical experience, including four years working on storm water projects for D-MAx. She has worked on projects for the City of National City since 2011. Ms. Richards coordinates JRMP-related compliance activities for the City, including inspections, follow-up and enforcement assistance, training, public education, data management, and reporting. She has managed the preparation of an annual storm water educational calendar for the past few years, which includes working with the National School District to put on an art SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 4 wi i --M MIN NMI 'WWI - - -i w MN A V 111.11111111.,1111, ilia contest for elementary school students to create art with educational messages about protecting storm water quality. Ms. Richards recently developed a revised SSMP for the City of National City. This included the review and revision of the SSOERP as well as other standard operating procedures for SSO response and reporting according to regulations. She has trained City staff on the new SSOERP procedures and on FOG inspection and enforcement procedures. She has also completed industrial, commercial, municipal, and residential inspections for other San Diego Copermittees, and she has completed dry weather monitoring and upstream source investigations for several cities. She has written JRMP annual reports, Dry Weather Monitoring Reports, and SUSMP technical reviews and prepared a Water Quality Management Plan for the City of Temecula. Tad Nakatani, MS, CPSWQ, QSD/QSP Mr. Nakatani has a Master's in Biology and five years of storm water experience. He has reviewed multiple SUSMP documents for the City and other jurisdictions, and he recently wrote the SWPPP for the City's Public Works demolition and remediation project. Mr. Nakatani has managed databases for storm water compliance inspection programs and supervised field inspections for both industrial/commercial and treatment control BMP programs. He developed data requirements and tested system functionality for the industrial/commercial and treatment control BMP inspection programs as part of the City of San Diego's transition to an inter- departmental SAP database system. He also manages all dry weather monitoring data collected by D-MAx. He created SWAMP -compatible geodatabases of historical water and sediment quality data for the Buena Vista Watershed data compilation project and has performed GIS analyses in support of numerous inspection programs, including a geographic - based watershed activity inspection program for the City of San Diego. Manouchehr Dadkhah, Ph.D. Dr. Dadkhah has a doctorate in watershed science and has more than 25 years of experience in hydrology, erosion control and watershed management. He has completed Dry Weather Monitoring Programs and special studies in the City of National City for the past 13 years and is very familiar with the City's drainage system, flow patterns, and likely pollutant sources. He has led field teams for numerous water quality monitoring programs in 11 cities since 2000. He has conducted follow-up and source identification studies and additional special studies, including surface water, MS4, and groundwater monitoring, for a several cities in San Diego County. Brianna Martin Ms. Martin is an environmental scientist with four years of experience in storm water monitoring. She has led field work and reporting for water quality monitoring programs for County of San Diego and the cities of National City, El Cajon, Carlsbad, Chula Vista, La Mesa, Lemon Grove, Poway, San Marcos, and Santee. She has coordinated field crew activities, including sampling, field analytical testing, conducting visual observations, and trash assessments. Ms. Martin took field samples for the City of National City as part of the underground storage tank removal process for the former bus yard adjacent to the Public Works yard. She designed and is currently managing a special study to remove Paradise Creek from the State's list of impaired water bodies. She has also performed field work and reporting for wet weather monitoring at the City of Poway's detention basins and Public Works Material Handling Yard and at the Del Mar Fairgrounds. These projects included sampling, field parameter testing, conducting visual observations and site BMP inspections, and assistance with General Industrial Permit compliance. SOQ for 0n-Call Project Support Services for National City's Capital Improvement Program Page 5 _- - __ --ow _. WV UM * tV •MINNIA6 ONO t*A Kimberly Corbilla Ms. Corbilla is an environmental scientist with four years of experience in storm water projects. She has performed thousands of storm water inspections of industrial and commercial businesses, treatment control BMPs, construction sites, and municipal facilities for the City of National City and other San Diego County Copermittees. She has also conducted FOG inspections for the cities of National City, Vista, and Carlsbad. Ms. Corbilla has conducted field water quality sampling and upstream pollutant source investigations for many San Diego Copermittees. Nicole Peacock, PE, PG, REA (Dudek) — Hazmat Task Leader Ms. Peacock has over 13 years' environmental engineering and geology experience and has performed numerous tasks dealing with hazardous waste investigation and remediation projects. Responsibilities include soil, soil vapor, and groundwater investigation and remediation; Phase I and II Environmental Site Assessments (ESAs); litigation support and cost allocation among potentially responsible parties for hazardous waste sites; landfill monitoring; and school site assessments. Carey Fernandes, MA, AICP (Dudek) — CEQA/NEPA Task Leader Carey Fernandes has a Master's in Public Administration and is a senior project manager at Dudek with more than 15 years' professional planning -related experience. She has specialized in the planning, environmental, and development industries. Her diverse background of education and experience includes permit processing with local jurisdictions, coordination with public agency staff, preparation of CEQA/NEPA documents, project management, due diligence, and feasibility analysis. She has worked on a number of planning documents, such as specific plans, comprehensive plans, and general plan updates. In addition, she has served as on -call planning staff for several public agencies. She has also served as project manager and primary author of many environmental review documents throughout San Diego and Imperial counties. Michael Metts, PE (Dudek) Mr. Metts is a civil engineer with over thirty years of experience as a professional engineer, including twenty years working in southern California. He has managed a multitude of engineering projects consisting of systems analysis, computer modeling, planning, and design of water, wastewater, and reclaimed water facilities. Mr. Metts' project experience encompasses the evaluation and expansion of existing facilities as well as the design of new facilities. Mr. Metts served as principal -in -charge for the Salt Creek Gravity Sewer Interceptor project in Chula Vista where he worked with City of Chula Vista staff to develop an alternative to resolve a capacity issue. Dudek's innovation produced a new approach that saved the City of Chula Vista approximately 2 million dollars in construction costs and the project was awarded APWA Project of the Year. Mr. Metts also served as the project manager for the rehabilitation of approximately 38,000 linear feet of sewer pipeline for the City of San Diego which included evaluation, preparation of final plans and specifications, bid assistance, and environmental documentation. Vipul Joshi (Dudek) Mr. Joshi is a senior project manager and ecologist at Dudek with over 13 years' professional experience specializing in natural resources management planning. He has a background in botanical surveying, permit acquisition, and permit compliance. He is experienced with Southern California flora and environmental regulations. Mr. Joshi has specific experience with CEQA processing with a variety of local jurisdictions; state and federal Endangered Species Act permit processing; wetlands permitting, including nationwide and individual permits from the SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 6 wI I __- __s M AIM _A MA AI/ I OM A V 611111.11111.,11■ AAA U.S. Army Corps of Engineers; and management of permit compliance. He also has conducted biological surveys, vegetation mapping, wetlands delineation, vernal pool identification, vernal pool watershed mapping, and general biological assessment of functions and values. Bryn Evans, CPSWQ (Dudek) Mr. Evans has over 15 years of experience in project management and technical oversight of environmental monitoring programs, water resource management, storm water monitoring and management, best management practices design and effectiveness assessment, and ecosystem restoration. Mr. Evans has served as project manager and task leader on projects for clients such as CalTrans, the cities of San Diego and Newport Beach, and the Los Angeles Department of Public Works. Projects have included management, coordination and completion of sampling, analysis and reporting of multi -media sampling and monitoring programs, watershed assessments, source identification and evaluation of mitigation/reduction of impacts due to urban runoff, and environmental restoration projects. An organization chart is presented on the following page. It highlights the various components of as -needed assistance and indicates the D-Max task leads. In addition to the key staff, D-MAx has a large team of trained staff available to assist in sampling, inspections, and other tasks that may be needed. SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 7 PRINCIPAL IN CHAt ., , PRO)rCr QAIQC AnaIan Dadkhah, PhD, PE, QSD EXVH1ONME\TA1. ENGINTFRING, PLANNING, .AND Dr SIGN SUSMPIWQTR Arsalan Dadkhah, PhD, PE, QSD Tad N,katani, CPSWQ QSD SI\PI'I' Tad Nakatani, CPSWQ, QSD Jamie Richards, CPSWQ Project Organization Chart CITY OF NATIONAL CITY Stephen Manganiello D-hIA-x PRUir:cr \I:VN,lt;rR John Quenzer, CPSWQ, QSD CEQ:1) N EPA Carey Fernandes, AICP (Dudek) Vipnl Joshi(Dudek) STORMW 1Trrt LID John Quenzer, CPSWQ, QSD Tad Naka tarn, CPSWQ QSD EN%IROL AMA: S IORVIVATFR Janie Richards, CPSWQ Mannuchehr Dadkhah, t'h_D. (Monitoring) Tad Nakatani, CPSWQ QSD (Reporting. Permitting) Brianna Martin (Monitoring, Reporting) I1 nb'rly Corhilla 11 ns)mtlinns) W.4S T ATFRrTOG Atsalan Dadkhah, PhD, PE, QSD Jamie Richards, CPSWQ :li chacl Melts, PE (Dudek) Kimberly Corhilla JJAZARDOLS \IA't LittALS Nicole Peacock, PE, PG, REA (Dudek) Bryn Eiaits, CPSWQ (Dudek) Manourhehr Dadkhah, PhD MONITORING SUPFQRT SERvicF$ EnvimMatrix Analytical Inc. (Lab) Sierra Analytical Labs, Inc. (Lab) ADS Environmental (Flow Melers) SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 8 _ - --a, - NMI MN a-- OM .-aAA Experience and Technical Competence D-Max is proposing to assist the City of National City in two disciplines listed in the RFQ: ■ Environmental Engineering, Planning, and Design (including CEQA/NEPA, SUSMP and Water Quality Technical Reports (WQTRs), SWPPP, and Stormwater LID measures) • Environmental Compliance (Stormwater, Wastewater, FOG and Hazmat — regulatory permitting, compliance monitoring, inspections and reporting) Because many of our contracts include work that is related to both disciplines in the RFQ, the table below summarizes the scope of services for each project. Projects are then discussed in more detail in the following pages. SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 9 .111=11111.._ - --- - ION MI MEN -- - s■ - - .v flwi - -AA Summary of Example Projects Agency Cityof National City Projects Storm Water and Wastewater Management Services: Comprehensive storm water services including SUSMP document view, SWPPP preparation for CIPs, grant assistance for storm water LIDprojects, JRMP development, JRMP and WURMP annual report preparation, dry weather and MS4 outfall monitoring, special studies, data management, inspections, and representing the City in meetings with the RWQCB. RFQ Discipline: Environmental Engineering. Planning and Design ' SUSMP/WQTR • SWPPP 'Storm water LID RFQ Discipline: Environmental Compliance • Storm water • Wastewater • FOG • Compliance124 monitoring • Inspections • Reporting • Permitting Contact Info Mr. Stephen Manganiello National National City Blvd. City, CA 91950 (619) 336 4583 Project Dates 1996 — present Contract Value $300,000 (Annual) City of Santee Storm Water Services: Dry weather and MS4 outfall monitoring, JRMP development, JRMP annual report, and review of WQMP development submittals, including for hydromodification. • SUSMP/WQTR • SWPPP • Storm water • Compliance monitoring • Inspections • Reporting • Permitting Mr. John Keane 10601 Magnolia Ave. Santee, CA 92071 (619) 258-4100 ext. 169 1996 —present $36,000 (Annual) City of Poway Storm Water Services: 1997-2012 Dry Weather Monitoring Programs, JRMP Development, Sampling and Monitoring, SWPPP preparation, SUSMP reviews ' SUSMPlWQTR •SWPPP • Storm water • Compliance monitoring • Reporting • Permitting Mr. Steven Strapac 13325 Civic Center Dr. (858) 668-4653 1997 — present $60,000 City of La Mesa Storm Water Services: Dry weather and MS4 outfall monitoring, SUSMP reviews, JRMP development, JRMP annual report, watershed management -focused strategic plan • SUSMPIWQTR • Storm water • Compliance monitoring •Inspections • Reporting Mr. Joe Kuhn 8130 Allison Ave. La Mesa, CA 91942 (619) 667-1340 1996 present $30,000 (Annual) SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 10 IMk - -- - INN __� - MIN'- - -u -- �� aAA Agency City of San Diego Projects Storm Water Compliance Inspection Program: Industrial/commercial inspections, WURMP special study, and treatment control BMP inspections, including prioritized inventories, database development, site inspections, and reporting and responses to RWQCB. RFQ Discipline: Environmental Engineering, Planning and Design • SUSMP/WQTR RFQ Discipline: Environmental Compliance • Storm water • Inspections • Reporting Contact Info Mr. Andre Sonksen 9370 Chesapeake Dr. Ste 100 MS 1900 San Diego, CA 92123 (619) 541-4317 Project Dates 2004 — present Contract Value $1,168,880 (Annual) San Diego Unified Port District (Dudek) Chula Vista Bayfront Master Plan EIR: EIR preparation, comment response, mitigation monitoring and reporting program. • CEQA/NEPA N/A Ms. Leslie Nishihira Port of San Diego 3165 Pacific Highway San Diego, CA 92101 (619) 686-7269 2007-2011 $1,090,000 Helix Water District (Dudek) As -Needed Hazardous Materials Services: Ongoing hazardous materials management, emergency response and hotline maintenance, soil sampling, remediation. N/A • HAZMAT • Compliance monitoring • Reporting Ms. Susen Doubrava 7811 University Ave. La Mesa, CA 91942 (619) 466-0585 2013 - present $4,000 (To Date) City of Chula Vista (Dudek) City of Chula Vista Salt Creek Interceptor Project: Planing and designfor constructing a 15-mile, 42-inch diameter wastewater pipeline with a preferred alignment throu•h a nature .reserve • CEQA/NEPA • Wastewater 1800 Maxwell Rd. Chula Vista, CA 91911 (619) 397-6111 2000-2004 $1,100,000 SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 11 wGENI s v INII --s N a -MN MIN VMI Av WA 4mIfA SCHEDULE OF FEES January 1, 2014 LABOR Classification Hourly Rate Clerk* $ 50 Word Processor* 60 Drafter* 70 Technician* 70 Senior Technician* 80 Staff Scientist/Engineer I 88 Staff Scientist/Engineer II 95 Assistant Project Scientist/Engineer 110 Project Scientist/Engineer 120 Senior Scientist/Engineer 130 Principal Scientist/Engineer 155 * 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. SF-1 OTHER CHARGES Subconsultant services will be charged at cost. Other project -specific costs, such as rentals, outside testing, 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 the current IRS rate. Client will be responsible for any applicable taxes in addition to the fees due for Services. DUDEK 2014 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director Principal Engineer III Principal Engineer II Principal Engineer I Program Manager Senior Project Manager Project Manager Senior Engineer III Senior Engineer II Senior Engineer I Project Engineer IV/Technician IV Project Engineer III/Technician III Project Engineer II/Technician 11 Project Engineer I/Technician I Project Coordinator Engineering Assistant ENVIRONMENTAL SERVICES Principal Manager/Specialist II Manager/Specialist I Specialist/Planner VI Specialist/Planner V Specialist/Planner IV Specialist/Planner HI Specialist/Planner II Specialist/Planner I Senior Project Senior Project Environmental Environmental Environmental Environmental Environmental Environmental Analyst Planning Research Assistant COASTAL PLANNING/POLICY SERVICES Senior Project Manager/Coastal Planner II Senior Project Manager/Coastal Planner I Environmental Specialist/Coastal Planner VI Environmental Specialist/Coastal Planner V Environmental Specialist/Coastal Planner IV Environmental Specialist/Coastal Planner III Environmental Specialist/Coastal Planner II Environmental Specialist/Coastal Planner I ARCHAEOLOGICAL SERVICES Senior Project Manager/Archaeologist 11 Senior Project Manager/Archaeologist I Environmental Specialist/Archaeologist VI Environmental Specialist/Archaeologist V Environmental Specialist/Archaeologist IV Environmental Specialist/Archaeologist III Environmental Specialist/Archaeologist 11 Environmental Specialist/Archaeologist I Archaeologist Technician II Archaeologist Technician 1 CONSTRUCTION MANAGEMENT SERVICES Principal/Manager Senior Construction Manager Senior Project Manager Construction Manager Project Manager Resident Engineer Construction Engineer On -site Owner's Representative Construction Inspector III Construction Inspector II Construction Inspector 1 Prevailing Wage Inspector $250.00/hr $220.00/hr $210.00/hr $200.00/hr $200.00/hr $190.00/hr $185.00/hr $180.00/hr $170.00/hr $160.00/hr $150.00/hr $135.00/hr $120.00/hr $105.00/hr $85.00/hr $75.00/hr $225.00/hr $210.00/hr $200.00/hr $180.00/hr $160.00/hr $150.00/hr $140.00/hr $130.00/hr $120.00/hr $100.00/hr $80.00/hr $210.00/hr $200.00/hr $190.00/hr $170.00/hr $160.00/hr $150.00/hr $140.00/hr $130.00/hr $210.00/hr $200.00/hr $180.00/hr $160.00/hr $150.00/hr $140.00/hr $130.00/hr $120.00/hr $70.00/hr $50.00/hr $195.00/hr $180.00/hr $160.00/hr $150.00/hr $140.00/hr $140.00/hr $135.00/hr $130.00/hr $125.00/hr $115.00/hr $105.00/hr $135.00/hr COMPLIANCE SERVICES Compliance Director $200.00/hr Compliance Manager.... $140.00/hr Compliance Project Coordinator $100.00/hr Compliance Monitor $90.00/hr HYDROGEOLOGICAL SERVICES Principal $235.00/hr Sr. Hydrogeologist III/Engineer III $200.00/hr Sr. Hydrogeologist II/Engineer II $180.00/hr Sr. Hydrogeologist I/Engineer I $165.00/hr Hydrogeologist V/Engineer V $150.00/hr Hydrogeologist IV/Engineer IV $130.00/hr Hydrogeologist III/Engineer III $120.00/hr Hydrogeologist II/Engineer II $110.00/hr Hydrogeologist I/Engineer I $100.00/hr Technician $100.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager $175.00/hr District Engineer $160.00/hr Operations Manager $150.00/hr District Secretary/Accountant $85.00/hr Collections System Manager $95.00/hr Grade V Operator $100.00/hr Grade IV Operator $85.00/hr Grade III Operator $80.00/hr Grade II Operator $63.00/hr Grade I Operator $55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker II $55.00/hr Collection Maintenance Worker I $40.00/hr OFFICE SERVICES Technical/Drafting/CADD Services 3D Graphic Artist $150.00/hr Senior Designer $135.00/hr Designer $125.00/hr Assistant Designer $120.00/hr GIS Specialist IV $150.00/hr GIS Specialist III $140.00/hr GIS Specialist II $130.00/hr GIS Specialist I $120.00/hr CADD Operator III $115.00/hr CADD Operator II $110.00/hr CADD Operator I $95.00/hr CADD Drafter $85.00/hr CADD Technician $75.00/hr SUPPORT SERVICES Technical Editor III $140.00/hr Technical Editor II $125.00/hr Technical Editor I $110.00/hr Publications Assistant III $100.00/hr Publications Assistant II $90.00/hr Publications Assistant I $80.00/hr Clerical Administration II $80.00/hr Clerical Administration I $75.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per them where overnight stay is involved is charged at cost Invoices,Late Charges. - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1%) per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will Increase 3% annually. DUDEK Effective January 1, 2014 FIRM OVERVIEW/CONTACT INFORMATION Dudek is an employee -owned, privately held firm, established in San Diego County in 1980. Our services are tailored to local public agencies that plan, design, construct, and manage public infrastructure, such as the City of National City (City). Dudek is a diversified, multi -discipline firm with professionals in biology, habitat restoration, environmental planning, regulatory compliance, urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and construction management. DUDEK AT A GLANCE • Engineering News Record Top 200 U.S. Environmental Firms (2008-2013) • San Diego Business Journal #1 San Diego Environmental Consulting Firm (2007-2012) • Currently provide as -needed services to over 60 California public agencies Founded as a two -person wastewater engineering firm, Dudek has grown to be one of the largest California -headquartered environmental firms with more than 300 employees working in nine offices throughout the state. Dudek is an employee -owned company with 33 consecutive years of profitability and no debt. The firm is headquartered in Encinitas, California with over 200 employees working in San Diego County. Frank Dudek, the firm's founder, serves as president. Firm's Complete Legal Name and Address Legal Form of Company Address of Office from Which Work Will be Performed TABLE 1: FIRM INFORMATION Dudek 605 Third Street Encinitas, California 92024 California Corporation 605 Third Street Encinitas, California 92024 DUDEK'S CONSTRUCTION MANAGEMENT DIVISION Dudek's construction management professionals specialize in public infrastructure and building projects, and private -owner development projects. We employ project managers, inspectors (including special inspectors), resident engineers, administrative personnel, and specialty staff who blend technical knowledge with a commitment to meeting client needs. Mr. George Litzinger, P.E., started the construction management division in 1985. Since then, our team has managed complex projects involving multiple stakeholders such as regulatory agencies, contractors, consulting firms, and municipal agencies. AREA FAMILIARITY AND EXPERIENCE Dudek has extensive experience providing construction management and inspection services in San Diego County, most recently providing as -needed services to the cities of San Diego, Poway, and San Marcos. Consequently, Dudek has an excellent rapport with County and neighboring City's departments and utility companies that service the area, which will be an asset on the City's upcoming projects. Through our work in the area, FIRM BACKGROUND AND EXPERIENCE Dudek has worked with many of the local contractors that will be bidding on the construction of the City's various projects. The expertise of our construction management team and knowledge of the construction process and procedures gives our team a thorough knowledge of the construction climate in the area and the ability to successfully serve the City. Serving as our client's advocate during construction projects, we combine detailed construction and engineering technical knowledge with a commitment to achieve a finished project that meets client's expectations. CONSTRUCTION MANAGEMENT AND • Project management • Construction coordination • Constructability reviews • Specification preparation and bidding services • Inspection/special inspections • Construction quality assurance/quality control • Document control INSPECTION SERVICES • Scheduling • Contract administration • Claims avoidance and negotiation • Cost estimating • Forensic evaluation • Expert witness services • Public outreach • Federal funding reimbursement DUDEK'S ENVIRONMENTAL DIVISION We provide environmental planning, permitting, associated technical studies and long-term environmental mitigation —often in partnership with large transportation engineering and construction firms —on a variety of projects, including highways, rail lines, ports and airports. Our environmental documents address specialized approaches to avoid or minimize impacts to sensitive habitat and special -status wildlife resources that are often impacted by linear transportation projects. Through our established relationships with municipal, state and federal clients and resource agencies, we understand California's complex permitting expectations and hurdles, and are skilled at developing tailored approaches to difficult projects. Our engineering and construction management staff support our environmental team during the permitting process and provide site engineering and construction services on an as -needed, extension -of -staff basis to municipalities. ENVIORMENTAL SERVICES • Environmental Engineering Planning and Design • CEQA/NEPA • SUSMP • Water Quality Reports • Stormwater LID • SWPPP assurance/quality control • Biological Studies • Pemitting- Coastal, Endangered Species, Wetlands • Regulatory Compliance • Wastewater ACORD°° CERTIFICATE OF LIABILITY INSURANCE DATE i2°o ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. 0A99520 NAMACT Certificate Department NNo.ErtF 619-234-6848 FAX IA/PHONE C,No):619-234-8601 ADDARESS:certificat es®cavignac. corn INSURER(S) AFFORDING COVERAGE NAIC N INSURER A:TRAVF.T.ERS PROP CAS CO OF ANIPR 25674 INSURED D-MAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 United States INSURERB:CATLIN INS CO 19518 INSURER C: INSURERD: INSURER E : INSURER F: E CERTIFICATE NUMBER: 105506 REVISION NUMBER:252633 THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE AbDL INSR SUER WVD I POLICY EFF POLICY NUMBER IMM/DDTYYYYUMM/DD/YYYY) POLICY EXP LIMITS p GENERALLIABIUTY X I COMMERCIAL GENERAL LIABILITY 6 807350L6 22 1/1/2019 1/1/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) S 1, 000, 000 MED EXP (Any one person) $ 10, 000 CLAIMS -MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 X 1 Separation of Insureds PRODUCTS- COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES JEa PER: LOC $ A AUTOMOBILELIABIUTY X ANY AUTO ALL OWNED SCHEDULED BAB9241,251 1/1/2019 1/1/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA !JAB EXCESS LIAR I I OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENT ON $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A U35527Y626 1/1/2019 1/1/2015 X T RY LIMITSOFR TH- E.L. EACH ACCIDENT $ 1, 000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000,000 B Professional Liability AED985360115 1/1/2014 1/1/2015 Ea Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) RE: Storm Water Services. The City of National City, its elected officials, officers, agents, and employees are additional insured with respect to general liability per attached & auto liability per policy form. Waiver of Subrogation applies to workers compensation per attached. CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950-4397 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r REPRE AU Amundson Dorothy Amundson © 1988-2010 ACORD CORPORATION. Ail rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 252633 Page 2 of 5 POLICY NUMBER: 6807350L622 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 1/1/2014 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): PROJECT/LOCATION OF COVERED OPERATIONS: 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". CGD3820907 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 Page 3 of 5 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 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. CG D3 82 09 07 2007 The Travelers Companies, Inc. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UBSS27Y628 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 ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page 5 of 5 RESOLUTION NO. 2014 — 46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC. FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, ENVIRONMENTAL PLANNING, COMPLIANCE AND ASSESSMENTS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, AND COMMUNITY OUTREACH WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends D-Max Engineering, Inc., to provide on -call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that D-Max Engineering, Inc., 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 for the not to exceed amount of $1,000,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of D-Max Engineering, Inc., and authorizes the Mayor to execute an agreement with D-Max Engineering, Inc., in the not to exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program, including but not limited to project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, ATTEST: Michael R. Dalla, ty Clerk on Morrisoni,•-Mayor u. is G City Attorn S TO FORM: a Silva Passed and adopted by the Council of the City of National City, California, on April 15, 2014 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios. Nays: Councilmembers Cano, Sotelo-Solis. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ,b 6 City C rk 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. 2014-46 of the City of National City, California, passed and adopted by the Council of said City on April 15, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 15, 2014 AGENDA ITEM NO. 17 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with D-Max Engineering, Inc. for a not -to -exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. • FINANCIAL STATEMENT: ACCOUNT NO. Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering & Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of LID measures for treatment of urban runoff; ADA enhancements; park amenities; mechanical, electrical and HVAC upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving stormwater, wastewater, FOG and HAZMAT. The RFQ was advertised on the City's Website, published in the Daily Transcript, and e- mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected five firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with D-MAX Engineering, for a not -to -exceed amount of $1,000,000, to provide on -call support services for National City's CIP projects, including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. D-Max Engineering has listed Dudek as a subconsultant to provide additional specialized services related to environmental compliance and construction management. See Exhibit "A" for bios and fee schedules. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 15th day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max Engineering, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is an engineering and environmental consulting 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 agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall 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", including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. 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 specified 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 1 City's Standard Agreement —2011 revision -1- 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. Stephen Manganiello, Director of Public Works/City Engineer, 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, P.E., Principal, 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 $1,000,000 (the Base amount) without prior written authorization from the Project Coordinator. 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 WORD. 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's Standard Agreement —2011 revision -2- 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. 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 CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees 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(S) to adhere to the applicable terms of this Agreement. 3 City's Standard Agreement —2011 revision -3- 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 or the CONSULTANT'S agents, servants, or employees are not 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 CONSULTANT, 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 SUBCONSULTANT(S), 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 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. 4 City's Standard Agreement —201 1 revision -4- 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 14, 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 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. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City's Standard Agreement —2011 revision -5- 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 SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. FZ1 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"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 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. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 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. 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. 6 City's Standard Agreement —2011 revision -6- G. Insurance shall be written with only California admitted companies that 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. H. 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. I. 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 7 City's Standard Agreement —2011 revision -7- 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 7. 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: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 City's Standard Agreement --2011 revision -8- To CONSULTANT: Arsalan Dadkhah, P.E. Principal D-Max Engineering, Inc. 7220 Trade Street, Suite 119 Carlsbad, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 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 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. City's Standard Agreement —2011 revision 24. 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. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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. 10 -10- City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney D-MAX ENGINEERING, INC. By: a/feel /✓6P��` Arsalan Dadkhah, President 11 -11- City's Standard Agreement —2011 revision ACC D® THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/30/2013 IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject tc the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. CA99520 INSURED D-MAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 United States Certificate Department NAMEACT PHONE IAIC. No.Extt 619-234-6848 E-MAIL ADDRESS; certificates@cavignac. coin FAX (A/C, No):619 -234-8601 INSURERS) AFFORDING COVERAGE INSURER A:TRAVpT,PT? S PRCIP AS CO OF AMRP INSURERS: CATLIN INS CO INSURER C : NAIC N 256'/4 19518 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:105506 REVISION NUMBER:252633 THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL TYPE OF INSURANCE ADDL SUBRV POLICY NUMBER 4MM/DCY EFF)—(MMI DAY) LIMITS A GENERAL X LWBILITY COMMERCIAL GENERAL LIABILITY 6807350L622 1/1/2014 1/1/2015 EACH OCCURRENCE $ 1,000,000 PREMISES NTSI RENTED urrence) $ 1,000,000 CLAIMS -MADE X I OCCUR MED EXP (Any ane person) $ 10 , 000 X Contractual Liab. PERSONAL & ADV INJURY $ 1,000,000 X Separation of Insureds GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 7 POLICY X UMITAPPLIES jrT PER: LOC PRODUCTS- COMP/OP AGG $ 2, 000,000 $ A AUTOMOBILEUABIUTY X ANY AUTO ALL OWNED _ SCHEDULED AUTOS NON-O NED AUTOS HA8924L251 1/1/2014 1/1/2015 (EO aBINE SINGLELIMIT $ 1, 000,E ^^ BODILY INJURY (Per person) $ BODILY INJURY (Per eccdent) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory let NH) X yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A U35527Y626 1/1/2014 1/1/2015 X TORY OMITS OFR E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POUCY LIMIT $ 1, 000 , 000 E Professional Liability AED985360115 1/1/2014 1/1/2015 Ea Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) RE: Storm Water Services. The City of National City, its elected officials, officers, agents, and employees are additional insured with respect to general liability per attached & auto liability per policy form. Waiver of Subrogation applies to workers compensation per attached. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950-4397 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dorothy Amundson ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 252633 -12- Page 2 of 5 POLICY NUMBER: 6807350L622 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 1/1/2014 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): PROJECT/LOCATION OF COVERED OPERATIONS: 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". CGD3820907 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 Tess. 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 -13- Page3of5 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 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. CG D3 82 09 07 2007 The Travelers Companies, Inc. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 5 -14- WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: Uss527Y62 a 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 ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURE➢ HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page 5 of 5 -15- EX1fIBIY "A" D-MAx Engineering, Inc. Consultants in Water & Environmental Sciences February 24, 2014 Mr. Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering and Public Works 1243 National City Boulevard National City, CA 91950 UMW.._ — IMO __ — __•_ al ISM 1111, MI A. --_ AAA Re: Request for Qualifications for On -Call Project Support Services for National City's Capital Improvement Program Dear Mr. Manganiello: In response to your Request for Qualifications (RFQ) dated January 27, 2014, D-MAx Engineering, Inc. (D-MAx) is pleased to submit this Statement of Qualifications (SOQ) to provide on -call project support services for National City's Capital Improvement Program (CIP). We are proposing to assist the City in two of the disciplines listed in the RFQ: Environmental Engineering, Planning, and Design, and Environmental Compliance. D-MAx has worked with 18 agencies in San Diego, Riverside, and Orange counties on storm water and wastewater projects, including the City of National City, since D-MAx was founded in 1996. As a result of our extensive project experience, we are very familiar with storm water and wastewater requirements and procedures both in the City of National City and the San Diego region. We are also including Dudek, a local environmental planning and engineering firm, on our team. Dudek will provide additional expertise for CEQA/NEPA and Hazmat services. Proven Record of Successful Program Support. City staff have trusted us to keep them up to date on and in compliance with the ever -changing requirements of environmental regulations for over a decade. We have successfully helped the City revise its programs where regulators found previous efforts by others to be deficient. D-MAx staff have provided updates on requirements to the City Council and have represented the City in regulatory audits and permit negotiations. We have always been available to respond to unanticipated or emergency situations, and we have consistently completed required tasks on time even when a very short turnaround has been required. During this time the City has established an excellent reputation with the Regional Water Quality Control Board (Regional Board). Our staff have also built a strong rapport with City personnel and are very familiar with local policies and constraints. Local Knowledge and Experience. Over the last 18 years, D-MAx personnel have developed in- depth knowledge of the City's development and construction requirements, local businesses, drainage patterns and design, biological resources, and areas of particular concern to members of the community. We have helped bring $2.4 million in grant funding to the City for a project that will improve water quality through Low Impact Development (LID) and is consistent with the City's vision for more walkable, smart growth communities. We have also worked with the City and the National School District for each of the last several years to prepare an environmentally- themed calendar featuring artwork from local students. D-MAx has also sponsored and coordinated creek cleanup events in National City for many years. These events have both improved the condition of local creeks and involved many members of the community. Municipal Storm Water Program Expertise. D-MAx is well-equipped to help the City navigate the demands of new, more stringent storm water requirements. D-MAx has designed storm water 7220 Trade Street • Suite 119 • San Diego, CA 92121 • (858) 586-6600 • Fax (858) 586-6644 -16- Mr. Stephen Manganiello City of National City February 24, 2014 Page 2 AME�-- — a_— �if AAA program plans for seven municipalities in San Diego County, including the City of National City, and represented the City throughout the permit development process negotiations with the Regional Board. We are currently updating the City's Jurisdictional Runoff Management Plan and representing the City in its role as co -lead for developing the San Diego Bay Watershed Water Quality Improvement Plan. We have completed over 23,000 inspections of industrial, commercial, municipal, treatment control BMP, and construction sites; over 140 dry weather monitoring programs and additional special studies; and more than 30 program annual reports. Environmental Planning and Design Experience. We prepared the City's Standard Urban Storm Water Mitigation Plan (SUSMP) and associated Municipal Code sections to meet regulatory requirements, and we have completed over 100 water quality plan checks for development projects for the City and other local agencies. We have provided LID design expertise for City CIPs and grant -funded projects. LID design will be increasingly more important under new SUSMP requirements, which impose more challenging design standards. We have prepared construction Storm Water Pollution Prevention Plans (SWPPP) for CIPs and helped City staff set up accounts for and enter data into the State's online reporting system. Our team member, Dudek, is widely -known across the San Diego region and throughout the State for its expertise in CEQA compliance, biological monitoring, and obtaining regulatory permits from resource agencies such as the Army Corps of Engineers the California Department of Fish and Game. Wastewater Compliance Experience. We recently rewrote the City's Sanitary Sewer Management Plan, revising standard procedures for sanitary sewer overflow response and reporting and training Public Works staff on the new procedures and forms. D-MAx has also developed and implemented a Fats, Oils, and Grease (FOG) program for the City to comply with wastewater regulations. We have worked with the City to identify areas of chronic FOG build-up and have worked with businesses to ensure they follow FOG requirements. We have also performed FOG inspections for the cities of Vista and Carlsbad. Past Performance and Cost Effectiveness. As a team of professionals focused on providing environmental services, we adapt to our clients' needs and provide a level of flexibility that sets D-MAx apart. Our diverse group of professionals, close proximity to the City, and familiarity with the City allows us to respond to emergency requests quickly, reliably, and cost-effectively. As a small business, we maintain low overhead to provide our clients with highly qualified environmental professionals at affordable rates. For the last 18 years we have completed our projects for the City on time and within or under budget. D-MAx does not take any exceptions to the RFQ or the requirements stated within. It is our understanding that no addenda have been issued for the RFQ. We are confident that our familiarity with the City of National City enables us to provide you with superior service at the best value. We look forward to working with you on this project. If you have any questions or would like to discuss this proposal in more detail, please feel free to contact me at (858) 586-6600, extension 22. Sincerely, D-MAx Engineering, Inc. Arsalan Dadkhah, Ph.D., P.E. Principal -17- -- - .. __MOM 111M- - �— MIN _-.., Contact Information D-MAx is a local environmental consulting firm that provides storm water and wastewater services for municipalities. Our staff of 15 environmental professionals includes civil engineers, environmental scientists, environmental chemists, and biologists who are experienced with the NPDES permit requirements in Southern California. We are a State -certified small business enterprise (SBE). D-MAx is organized as a California corporation. Arsalan Dadkhah, Principal, is the contact person for this project. He can be reached at the address and phone number or via email at arsalan(admaxinc.com. Company Name D-MAx Engineering, Inc. Address PhonelFaxlEmail 7220 Trade Street, Suite 119 San Diego, CA 92121 858-586-6600 / 858-586-6644 admin • dmaxinc,com Subcontractors To better serve the City, D-MAx has also included several subcontractors as part of our team. Dudek Dudek will provide services in the areas of CEQA/NEPA, Hazmat, and wastewater engineering, working out of their Encinitas headquarters. Dudek is a diversified, multi -discipline firm with professionals in biology, habitat restoration, environmental planning, regulatory compliance, urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and construction management. Founded in 1980 as a two -person wastewater engineering firm, Dudek has grown to be one of the largest California -headquartered environmental firms with more than 300 employees working in nine offices throughout the state. Monitoring Support Services EnviroMatrix Analytical, Inc. (EnviroMatrix) and Sierra Analytical Labs, Inc. (Sierra) will provide laboratory analyses where needed. We have successfully worked with both on past monitoring projects, and we have developed excellent relationships and negotiated discounted rates with both labs. We are including two labs on our team since we have found each lab to have some tests where it is cheaper than the other. Having both on the team allows us to provide the most cost-effective service to the City. Both EnviroMatrix and Sierra are State -certified analytical laboratories that have been involved in many storm water, wastewater, and Hazmat projects in San Diego County. ADS Environmental is also on our team to provide flow meter equipment and installation, as they are currently doing for the City's A Avenue grant project. Additional Notes Regarding Subcontractor Selection As a certified SBE, D-MAx recognizes the importance of working with other small or disadvantaged businesses. For this project, we identified CEQA/NEPA and Hazmat services as the main opportunities for subcontractor participation. To create our project team, D-MAx first reviewed the CalTrans list of DBEs to identify a strong team member for the work in CEQA/NEPA regulations and hazardous materials management and compliance. However, we were unable to find a local DBE on the CalTrans list with the range of expertise required for CEQA/NEPA and hazmat services. We also contacted the County Department of Environmental Health and evaluated several additional businesses they identified, but we were not able to identify a suitable DBE through that route either. While Dudek is not a DBE, through our past experience with them, we know them to be flexible and responsive, and we are excited to have them as part of our team. SOQ for 0n-Call Project Support Services for National City's Capital Improvement Program Page 3 -18- MOM Is 4MI MM.�- - — IMF — Zara INV -AA Team Organization and Key Personnel Our project team has extensive experience providing environment services to the City of National City. Key personnel proposed for this project are listed below, and an organization chart follows later in this section. Arsalan Dadkhah, Ph.D., P.E., QSD/QSP— Principal -in -Charge Dr. Dadkhah is a civil engineer with over 30 years of engineering experience with an emphasis on hydrology, hydraulics, and water quality. He has been working with the City of National City since 1996. Dr. Dadkhah has been the project manager of storm water programs and studies in San Diego County since the issuance of the 1990 Municipal Permit and has been actively involved with each Permit reissuance process since then. Dr. Dadkhah has managed numerous storm water permitting and monitoring projects and has extensive experience in preparing pollution prevention and monitoring plans for industrial facilities and construction sites to comply with NPDES Permit requirements. He has provided technical review services for Water Quality Technical Reports subject to SUSMP and hydromodification requirements for the cities of National City, Lemon Grove, and Santee. He also has experience in wastewater management, including the preparation of a Sewer System Master Plan for the Central Davis Sewer District. In addition to his work for southern California municipalities, he has managed storm water quality studies for the Southwest Naval Stations in southern California, the cities of Phoenix and Scottsdale, Arizona, and the City of El Paso, Texas. John Quenzer, CPSWQ, QSD/QSP — Project Manager Mr. Quenzer is an environmental chemist with 10 years of experience in storm water management. He has been working with the City of National City since 2004. Mr. Quenzer prepared the City's current Jurisdictional Runoff Management Program, the document storm water program planning and guidance document. He has represented the City in MS4 Permit negotiations, Total Maximum Daily Load scoping negotiations, and storm water program audits with the Regional Board. He has also provided updates the City Council on changes in storm water regulations and their implications for the City. He is responsible for effectiveness assessment, monitoring, and conceptual LID design for the City's grant -funded A Avenue green street project. He represents the City in its role as co -lead in the process to develop the San Diego Bay Watershed Water Quality Improvement Plan. He has reviewed SUSMPs for the City and several San Diego County Copermittees. He has prepared storm water program plans (JRMP) for seven cities in San Diego County, and he has prepared over 30 JRMP Annual Reports for the cities of National City, La Mesa, Santee, and Poway. He has managed water quality monitoring programs for 11 San Diego County jurisdictions. Jamie Richards, MS, CPSWQ — Storm Water Task Leader Ms. Richards has a Master's in Marine Science and seven years of technical experience, including four years working on storm water projects for D-MAx. She has worked on projects for the City of National City since 2011. Ms. Richards coordinates JRMP-related compliance activities for the City, including inspections, follow-up and enforcement assistance, training, public education, data management, and reporting. She has managed the preparation of an annual storm water educational calendar for the past few years, which includes working with the National School District to put on an art SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 4 -19- -- — _.--AV contest for elementary school students to create art with educational messages about protecting storm water quality. Ms. Richards recently developed a revised SSMP for the City of National City. This included the review and revision of the SSOERP as well as other standard operating procedures for SSO response and reporting according to regulations. She has trained City staff on the new SSOERP procedures and on FOG inspection and enforcement procedures. She has also completed industrial, commercial, municipal, and residential inspections for other San Diego Copermittees, and she has completed dry weather monitoring and upstream source investigations for several cities. She has written JRMP annual reports, Dry Weather Monitoring Reports, and SUSMP technical reviews and prepared a Water Quality Management Plan for the City of Temecula. Tad Nakatani, MS, CPSWQ, QSD/QSP Mr. Nakatani has a Master's in Biology and five years of storm water experience. He has reviewed multiple SUSMP documents for the City and other jurisdictions, and he recently wrote the SWPPP for the City's Public Works demolition and remediation project. Mr. Nakatani has managed databases for storm water compliance inspection programs and supervised field inspections for both industrial/commercial and treatment control BMP programs. He developed data requirements and tested system functionality for the industrial/commercial and treatment control BMP inspection programs as part of the City of San Diego's transition to an inter- departmental SAP database system. He also manages all dry weather monitoring data collected by D-MAx. He created SWAMP -compatible geodatabases of historical water and sediment quality data for the Buena Vista Watershed data compilation project and has performed GIS analyses in support of numerous inspection programs, including a geographic - based watershed activity inspection program for the City of San Diego. Manouchehr Dadkhah, Ph.D. Dr. Dadkhah has a doctorate in watershed science and has more than 25 years of experience in hydrology, erosion control and watershed management. He has completed Dry Weather Monitoring Programs and special studies in the City of National City for the past 13 years and is very familiar with the City's drainage system, flow patterns, and likely pollutant sources. He has led field teams for numerous water quality monitoring programs in 11 cities since 2000. He has conducted follow-up and source identification studies and additional special studies, including surface water, MS4, and groundwater monitoring, for a several cities in San Diego County. Brianna Martin Ms. Martin is an environmental scientist with four years of experience in storm water monitoring. She has led field work and reporting for water quality monitoring programs for County of San Diego and the cities of National City, El Cajon, Carlsbad, Chula Vista, La Mesa, Lemon Grove, Poway, San Marcos, and Santee. She has coordinated field crew activities, including sampling, field analytical testing, conducting visual observations, and trash assessments. Ms. Martin took field samples for the City of National City as part of the underground storage tank removal process for the former bus yard adjacent to the Public Works yard. She designed and is currently managing a special study to remove Paradise Creek from the State's list of impaired water bodies. She has also performed field work and reporting for wet weather monitoring at the City of Poway's detention basins and Public Works Material Handling Yard and at the Del Mar Fairgrounds. These projects included sampling, field parameter testing, conducting visual observations and site BMP inspections, and assistance with General Industrial Permit compliance. SOQ for 0n-Call Project Support Services for National City's Capital Improvement Program Page 5 -20- A __ - NM -- MN --- �� • AAA Kimberly Corbilla Ms. Corbilla is an environmental scientist with four years of experience in storm water projects. She has performed thousands of storm water inspections of industrial and commercial businesses, treatment control BMPs, construction sites, and municipal facilities for the City of National City and other San Diego County Copermittees. She has also conducted FOG inspections for the cities of National City, Vista, and Carlsbad. Ms. Corbilla has conducted field water quality sampling and upstream pollutant source investigations for many San Diego Copermittees. Nicole Peacock, PE, PG, REA (Dudek) — Hazmaf Task Leader Ms. Peacock has over 13 years' environmental engineering and geology experience and has performed numerous tasks dealing with hazardous waste investigation and remediation projects. Responsibilities include soil, soil vapor, and groundwater investigation and remediation; Phase I and II Environmental Site Assessments (ESAs); litigation support and cost allocation among potentially responsible parties for hazardous waste sites; landfill monitoring; and school site assessments. Carey Fernandes, MA, A/CP (Dudek) — CEQA/NEPA Task Leader Carey Fernandes has a Master's in Public Administration and is a senior project manager at Dudek with more than 15 years' professional planning -related experience. She has specialized in the planning, environmental, and development industries. Her diverse background of education and experience includes permit processing with local jurisdictions, coordination with public agency staff, preparation of CEQA/NEPA documents, project management, due diligence, and feasibility analysis. She has worked on a number of planning documents, such as specific plans, comprehensive plans, and general plan updates. In addition, she has served as on -call planning staff for several public agencies. She has also served as project manager and primary author of many environmental review documents throughout San Diego and Imperial counties. Michael Metts, PE (Dudek) Mr. Metts is a civil engineer with over thirty years of experience as a professional engineer, including twenty years working in southern California. He has managed a multitude of engineering projects consisting of systems analysis, computer modeling, planning, and design of water, wastewater, and reclaimed water facilities. Mr. Metts' project experience encompasses the evaluation and expansion of existing facilities as well as the design of new facilities. Mr. Metts served as principal -in -charge for the Salt Creek Gravity Sewer Interceptor project in Chula Vista where he worked with City of Chula Vista staff to develop an alternative to resolve a capacity issue. Dudek's innovation produced a new approach that saved the City of Chula Vista approximately 2 million dollars in construction costs and the project was awarded APWA Project of the Year. Mr. Metts also served as the project manager for the rehabilitation of approximately 38,000 linear feet of sewer pipeline for the City of San Diego which included evaluation, preparation of final plans and specifications, bid assistance, and environmental documentation. Vipul Joshi (Dudek) Mr. Joshi is a senior project manager and ecologist at Dudek with over 13 years' professional experience specializing in natural resources management planning. He has a background in botanical surveying, permit acquisition, and permit compliance. He is experienced with Southern California flora and environmental regulations. Mr. Joshi has specific experience with CEQA processing with a variety of local jurisdictions; state and federal Endangered Species Act permit processing; wetlands permitting, including nationwide and individual permits from the SOQ for on -Call Project Support Services for National City's Capital Improvement Program Page 6 -21- __ — ...Ma — — __,_ -- wv - —AA U.S. Army Corps of Engineers; and management of permit compliance. He also has conducted biological surveys, vegetation mapping, wetlands delineation, vernal pool identification, vernal pool watershed mapping, and general biological assessment of functions and values. Bryn Evans, CPSWQ (Dudek) Mr. Evans has over 15 years of experience in project management and technical oversight of environmental monitoring programs, water resource management, storm water monitoring and management, best management practices design and effectiveness assessment, and ecosystem restoration. Mr. Evans has served as project manager and task leader on projects for clients such as CalTrans, the cities of San Diego and Newport Beach, and the Los Angeles Department of Public Works. Projects have included management, coordination and completion of sampling, analysis and reporting of multi -media sampling and monitoring programs, watershed assessments, source identification and evaluation of mitigation/reduction of impacts due to urban runoff, and environmental restoration projects. An organization chart is presented on the following page. It highlights the various components of as -needed assistance and indicates the D-MAx task leads. In addition to the key staff, D-Max has a large team of trained staff available to assist in sampling, inspections, and other tasks that may be needed. SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 7 -22- PRINCIPAL hV CHARCE, PP,O(rCT QAIQC Arsalan Dadkhah, PhD, PE, QSD Project Organization Chart CITY OF NATIONAL CITY Stephen Manganiello D-iM a\ Pitnp, r John Quenzer, CPSWQ, QSD Cyv11 oyzlecTA1 CNf.".iyFPRISC, Pt a \\INC,. AND Dr SIGN SUS]1 Pr iV'OTR Arsalan Dadkhah, PhD, PE, QSD Tad Nakatani, CPSWQ, QSD Tad Nakatani, CPSWQ, QSD Jamie Richards, CPSWQ Carey Fernandes, MCP (Dudek) Vipul Joshi (Dudek) STOF'W.\TLA tin John Quenzer, CPSWQ, QSD Tad Nakatani, LI'SWQ, QSD ENt iiMov .-iryl.tt. CU&1PDANCE s rOrtnr, t E rR Jamie Richards, CPSWQ ,Manouchehr Dadkhah. Ph.D. (Monitoring) Tad Nakatani, CPSWQ QSD (Reporting, Permitting) Brianna Martin (Monitoring, Reporting) Kimberly Cnrbilla (Inspections) IV N S Fly .t?I n/F or; Arsalan Dadkhah, PhD, PP„ QSD Jamie Richards. CPSWQ Michael Mett<.I'E (Dudek) Kimberly Corbil)a s 11 Cr Htl Al c Nicole Peacock PE, PG, REA (Dudek) Brio Evan:, CPSWQ (Dudek) Manouchehr Dadkhah, PhD 1nynor uNc; Si'P='oar Srrnt'ICrs EnvirnMatrix Analytical Inc. (Lab) Sierra Analytical Labs, Inc. (Lab) ADS Environmental (Flory Meters) SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 8 - ▪ -- - - MINIM/ -. - - A V S -AA Experience and Technical Competence D-MAx is proposing to assist the City of National City in two disciplines listed in the RFQ: R Environmental Engineering, Planning, and Design (including CEQA/NEPA, SUSMP and Water Quality Technical Reports (WQTRs), SWPPP, and Stormwater LID measures) II Environmental Compliance (Stormwater, Wastewater, FOG and Hazmat — regulatory permitting, compliance monitoring, inspections and reporting) Because many of our contracts include work that is related to both disciplines in the RFQ, the table below summarizes the scope of services for each project. Projects are then discussed in more detail in the following pages. SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 9 -24- s M __ / s was -IN —_.ter MN Iv —••• — aeaa Summary of Example Projects Agency City of National City Projects Storm Water and Wastewater Management Services: Comprehensive storm water services including SUSMP document view, SWPPP preparation for CIPs, grant assistance for storm water LID projects, JRMP development, JRMP and WURMP annual report preparation, dry weather and MS4 outfall monitoring, special studies, data management, inspections, and representing the City in meetings with the RWQCB. RFQ Discipline: Environmental Engineering, Planning and Design • SUSMP/WQTR .SWPPP * Storm water LID RFQ Discipline: Environmental Compliance • Storm water • Wastewater • FOG • Compliance monitoring • Inspections • Reporting • Permitting Contact Info Mr. Stephen Manganiello 1243 National City Blvd. National City, CA 91950 (619) 336-4583 Project Dates 1996 —present Contract Value $300,000 (Annual) City of Santee Storm Water Services: Dry weather and MS4 outfall monitoring, JRMP development, JRMP annual report, and review of WQMP development submittals, including for hydromodification. • SUSMPIWQTR • SWPPP • Storm water • Compliance monitoring • Inspections • Reporting • Permitting Mr. John Keane 10601 Magnolia Ave. Santee, CA 92071 (619) 258-4100 ext. 169 1996 —present $36,000 (Annual) City of Poway Storm Water Services: 1997-2012 Dry Weather Monitoring Programs, JRMP Development, Sampling and Monitoring, SWPPP preparation, SUSMP reviews : SUSMPIWQTR SWPPP • Storm water • Compliance monitoring • Inspections • Reporting • Permitting Mr. Steven Strapac 13325 Civic Center Dr. Poway, CA 92064 (858) 668-4653 1997 — present $60,000 (Annual) City of La Mesa Storm Water Services: Dry weather and MS4 outfall monitoring, SUSMP reviews, JRMP development, JRMP annual report, watershed management -focused strategic plan • SUSMP/WQTR • Storm water • Compliance monitoring • Inspections • Reporting Mr. Joe Kuhn 8130 Allison Ave. La Mesa, CA 91942 (619) 667-1340 1996 — present $30 000 (Annual) SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 10 411111 — -_•4 AIM - =NO - RIM - NWI- - M.-- * , _& - MMnAM. Agency City of San Diego Projects Storm Water Compliance Inspection Program: Industrial/commercial inspections, WURMP special study, and treatment control BMP inspections, including prioritized inventories, database development, site inspections, and reporting and responses to RWQCB. RFQ Discipline: Environmental Engineering Planning and Design • SUSMPNVQTR RFQ Discipline: Environmental compliance • Storm water • Inspections • Reporting Contact Info Mr. Andre Sonksen 9370 Chesapeake Dr. Ste 100 MS 1900 San Diego, CA 92123 (619) 541-4317 Project Dates 2004 — present Contract Value $1,168,880 (Annual) San Diego Ms. Leslie Nishihira Unified Port Chula Vista Bayfront Master Plan EIR: EIR Port of San Diego District (Dudek) preparation, comment response, mitigation monitoring and reporting program. • CEQA/NEPA N/A 3165 Pacific Highway San Diego, CA 92101 (619) 686-7269 2007-2011 $1,090,000 Helix Water As -Needed Hazardous Materials Services: Ongoing hazardous materials management, emergency • HAZMAT • Compliance Ms. Susen Doubrava 7811 University Ave. $4,000 District (Dudek) response and hotline maintenance, soil sampling, remediation. N/A monitoring • Reporting La Mesa, CA 91942 (619) 466-0585 2013 present (To Date) City of Chula Vista Salt Creek Interceptor Project: 1800 Maxwell Rd. City of Chula Vista (Dudek) Planing and designforconstructing a 15-mile, 42-inch diameter wastewater pipeline with a preferred alignment throu.h a nature 'reserve • CEQA/NEPA • Wastewater Chula Vista, CA 91911 (619) 397-6111 2000-2004 $1,100,000 SOQ for On -Call Project Support Services for National City's Capital Improvement Program Page 11 SCHEDULE OF FEES January 1, 2014 LABOR Classification Hourly Rate Clerk* $ 50 Word Processor* 60 Drafter* 70 Technician* 70 Senior Technician* 80 Staff Scientist/Engineer I 88 Staff Scientist/Engineer II 95 Assistant Project Scientist/Engineer 110 Project Scientist/Engineer Senior Scientist/Engineer Principal Scientist/Engineer 120 130 155 * 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. SF-1 --- — m—s MI IMO -- A V ommor•a stsia OTHER CHARGES Subconsultant services will be charged at cost. Other project -specific costs, such as rentals, outside testing, 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 the current IRS rate. Client will be responsible for any applicable taxes in addition to the fees due for Services. -27- DUDEK 2014 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director $250.00/hr Principal Engineer III $220.00/hr Principal Engineer II $210.00/hr Principal Engineer I $200.00/hr Program Manager $200.00/hr Senior Project Manager $190.00/hr Project Manager $185.00/hr Senior Engineer III $180.00/hr Senior Engineer II $170.00/hr Senior Engineer I $160.00/hr Project Engineer IV/Technician IV $150.00/hr Project Engineer III/Technician III $135.00/hr Project Engineer II/Technician II $120.00/hr Project Engineer I/Technician I $105.00/hr Project Coordinator $85.00/hr Engineering Assistant $75.00/hr ENVIRONMENTAL SERVICES Principal Manager/Specialist II Manager/Specialist I Specialist/Planner VI Specialist/Planner V Specialist/Planner IV Specialist/Planner III Specialist/Planner 11 Specialist/Planner I Senior Project Senior Project Environmental Environmental Environmental Environmental Environmental Environmental Analyst Planning Research Assistant $225.00/hr $210.00/hr $200.00/hr $180.00/hr $160.OD/hr $150.00/hr $140.00/hr $130.001hr $120.00/hr $100.00/hr $80.00/hr COASTAL PLANNING/POLICY SERVICES Senior Project Manager/Coastal Planner II $210.00/hr Senior Project Manager/Coastal Planner I $200.00/hr Environmental Specialist/Coastal Planner VI $190.00/hr Environmental Specialist/Coastal Planner V $170.00/hr Environmental SpecialisUCoastal Planner IV $160.00/hr Environmental Specialist/Coastal Planner III $150.00/hr Environmental Specialist/Coastal Planner II $140.00/hr Environmental Specialist/Coastal Planner I $130.00/hr ARCHAEOLOGICAL SERVICES Senior Project Manager/Archaeologist II $210.00/hr Senior Project Manager/Archaeologist I $200.00/hr Environmental Specialist/Archaeologist VI $180.00/hr Environmental Specialist/Archaeologist V $160.00/hr Environmental Specialist/Archaeologist IV $150.00/hr Environmental Specialist/Archaeologist III $140.00/hr Environmental Specialist/Archaeologist II $130.00/hr Environmental Specialist/Archaeologist I $120.00/hr Archaeologist Technician II $70.00/hr Archaeologist Technician I $50.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager $195.00/hr Senior Construction Manager $180.00/hr Senior Project Manager $160.00/hr Construction Manager $150.00/hr Project Manager $140.00/hr Resident Engineer $140.00/hr Construction Engineer $135.00/hr On -site Owner's Representative $130.00/hr Construction Inspector III $125.00/hr Construction Inspector II $115.00/hr Construction Inspector I $105.00/hr Prevailing Wage Inspector $135.00/hr COMPLIANCE SERVICES Compliance Director $200.00/hr Compliance Manager $140.00/hr Compliance Project Coordinator $100.00/hr Compliance Monitor $90.00/hr HYDROGEOLOGICAL SERVICES Principal $235.00/hr Sr. Hydrogeologist III/Engineer III $200.00/hr Sr. Hydrogeologist II/Engineer II $180.00/hr Sr. Hydrogeologist i/Engineer I $165.00/hr Hydrogeologist V/Engineer V $150.00/hr Hydrogeologist IV/Engineer IV $130.00/hr Hydrogeologist III/Engineer III $120.00/hr Hydrogeologist II/Engineer II $110.00/hr Hydrogeologist I/Engineer I $100.00/hr Technician $100.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager $175.00/hr District Engineer $160.00/hr Operations Manager $150.00/hr District Secretary/Accountant $85.00/hr Collections System Manager $95.00/hr Grade V Operator $100.00/hr Grade IV Operator $85.00/hr Grade III Operator $80.00/hr Grade II Operator $63.00/hr Grade I Operator $55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker II $55.00/hr Collection Maintenance Worker I $40.00/hr OFFICE SERVICES Technical/DraRing/CADD Services 3D Graphic Artist $150.00/hr Senior Designer $135.00/hr Designer $125.00/hr Assistant Designer $120.00/hr GIS Specialist IV $150.00/hr GIS Specialist III $140.00/hr GIS Specialist II $130.00/hr GIS Specialist I $120.00/hr CADD Operator 111 $115.00/hr CADD Operator 11 $110.00/hr CADD Operator I $95.00/hr CADD Drafter $85.00/hr CADD Technician $75.00/hr SUPPORT SERVICES Technical Editor III $140.00/hr Technical Editor II $125.00/hr Technical Editor I $110.00/hr Publications Assistant III $100.00/hr Publications Assistant II $90.00/hr Publications Assistant I $80.00/hr Clerical Administration II $80.00/hr Clerical Administration I $75.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Involces,Late Charges. - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1 %) per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3% annually. DUDEK -28- Effective January 1, 2014 FIRM OVERVIEW/CONTACT INFORMATION Dudek is an employee -owned, privately held firm, established in San Diego County in 1980. Our services are tailored to local public agencies that plan, design, construct, and manage public infrastructure, such as the City of National City (City). Dudek is a diversified, multi -discipline firm with professionals in biology, habitat restoration, environmental planning, regulatory compliance, urban forestry, hazardous materials remediation, civil engineering, hydrogeology, and construction management. DUDEK AT A GLANCE • Engineering News Record Top 200 U.S. Environmental Firms (2008-2013) • San Diego Business Journal #1 San Diego Environmental Consulting Firm (2007-2012) • Currently provide as -needed services to over 60 California public agencies Founded as a two -person wastewater engineering firm, Dudek has grown to be one of the largest California -headquartered environmental firms with more than 300 employees working in nine offices throughout the state. Dudek is an employee -owned company with 33 consecutive years of profitability and no debt. The firm is headquartered in Encinitas, California with over 200 employees working in San Diego County. Frank Dudek, the firm's founder, serves as president. Firm's Complete Legal Name and Address Legal Form of Company Address of Office from Which Work Will be Performed TABLE 1: FIRM INFORMATION Dudek 605 Third Street Encinitas, California 92024 California Corporation 605 Third Street Encinitas, California 92024 DUDEK'S CONSTRUCTION MANAGEMENT DIVISION Dudek's construction management professionals specialize in public infrastructure and building projects, and private -owner development projects. We employ project managers, inspectors (including special inspectors), resident engineers, administrative personnel, and specialty staff who blend technical knowledge with a commitment to meeting client needs. Mr. George Litzinger, P.E., started the construction management division in 1985. Since then, our team has managed complex projects involving multiple stakeholders such as regulatory agencies, contractors, consulting firms, and municipal agencies. AREA FAMILIARITY AND EXPERIENCE Dudek has extensive experience providing construction management and inspection services in San Diego County, most recently providing as -needed services to the cities of San Diego, Poway, and San Marcos. Consequently, Dudek has an excellent rapport with County and neighboring City's departments and utility companies that service the area, which will be an asset on the City's upcoming projects. Through our work in the area, -29- FIRM BACKGROUND AND EXPERIENCE Dudek has worked with many of the local contractors that will be bidding on the construction of the City's various projects. The expertise of our construction management team and knowledge of the construction process and procedures gives our team a thorough knowledge of the construction climate in the area and the ability to successfully serve the City. Serving as our client's advocate during construction projects, we combine detailed construction and engineering technical knowledge with a commitment to achieve a finished project that meets client's expectations. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES • Project management • Scheduling • Construction coordination • Constructability reviews • Specification preparation and bidding services • Inspection/special inspections • Construction quality assurance/quality control • Document control • Contract administration • Claims avoidance and negotiation • Cost estimating • Forensic evaluation • Expert witness services • Public outreach • Federal funding reimbursement DUDEK'S ENVIRONMENTAL DIVISION We provide environmental planning, permitting, associated technical studies and long-term environmental mitigation —often in partnership with large transportation engineering and construction firms ---on a variety of projects, including highways, rail lines, ports and airports. Our environmental documents address specialized approaches to avoid or minimize impacts to sensitive habitat and special -status wildlife resources that are often impacted by linear transportation projects. Through our established relationships with municipal, state and federal clients and resource agencies, we understand California's complex permitting expectations and hurdles, and are skilled at developing tailored approaches to difficult projects. Our engineering and construction management staff support our environmental team during the permitting process and provide site engineering and construction services on an as -needed, extension -of -staff basis to municipalities. ENVIORMENTAL SERVICES • Environmental Engineering Planning and Design • CEQA/NEPA • SUSMP • Water Quality Reports • Stormwater LID • SWPPP assurance/quality control • Biological Studies • Pemitting- Coastal, Endangered Species, Wetlands • Regulatory Compliance • Wastewater -30- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC. FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, ENVIRONMENTAL PLANNING, COMPLIANCE AND ASSESSMENTS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, AND COMMUNITY OUTREACH WHEREAS, the Engineering Department issued Requests for Proposals to professional firms to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach; and WHEREAS, 64 responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends D-Max Engineering, Inc., to provide on -call project support services for National City's Capital Improvement Program; and WHEREAS, the City has determined that D-Max Engineering, Inc., 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 for the not to exceed amount of $1,000,000 from April 15, 2014 through April 14, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of D-Max Engineering, Inc., and authorizes the Mayor to execute an agreement with D-Max Engineering, Inc., in the not to exceed amount of $1,000,000 to provide on -call project support services for National City's Capital Improvement Program, including but not limited to project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk April 22, 2014 Mr. Arsalan Dadkhah D-Max Engineering, Inc. 7220 Trade Street, Suite 119 Carlsbad, CA 92121 Dear Mr. Dadkhah, On April 15th, 2014, Resolution No. 2014-46 was passed and adopted by the City Council of the City 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 Agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.