Loading...
HomeMy WebLinkAbout2012/06/05 Item 06CITY COUNCIL AGENDA STATEMENT ,,,„~ ~ cln of CHULA VISTA 06/05/12, Item ~.P ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DRY WEATHER FIELD SCREENING AND ANALYTICAL MONITORING SERVICES AND GRANT-THE CITY MANAGER THE AUTHORITY TO APPROVE UP O TWO ONE-YEAR EXTENSIONS TO SAID AGREEMEN SUBMITTED BY: DIRECTOR OF PUBL C WORKS REVIEWED BY: CITY MANAGE ASSISTANT CIT MANAGER -~ 4/STHS VOTE: YES ^ NO SUMMARY The City's NPDES pemut from the California Regional Water Quality Control Board, San Diego Region, requires the City to annually conduct dry weather field screening, analytical monitoring (effluent sampling, chemical analysis, observation of physical conditions, and laboratory testing), trash monitoring, and Municipal Separate Storm Sewer System (MS4) Outfall monitoring at major outfalls during the dry weather season. The purpose of such monitoring is to detect illegal discharges to the storm water conveyance system and to identify, if possible, the sources of the illegal discharges. Due to the expertise and specialized equipment necessary to perform these services, it is necessary to retain an outside consultant. Proposals were requested from qualified engineering and environmental consulting firms. Four proposals were received, and staff has determined that D-MAX Engineering, Inc. was the most qualified. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State CEQA Guidelines, because the proposed action would approve dry weather screening and analytical monitoring of storm water systems in order to detect and eliminate illicit discharges. Thus, no further environmental review is necessary. RECOMMENDATION Council approve the resolution. 6-1 06/05/12, Item l.Q Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION One requirement of the City's National Pollutant Dischazge Elimination System (NPDES) Municipal Storm Water Permit (Order No. R9-2007-0001) is to annually conduct dry weather field screening and analytical monitoring. Such monitoring includes effluent sampling, chemical analysis, observation of physical conditions, trash monitoring, and Municipal Sepazate Storm Sewer System (MS4) Outfall Monitoring at major outfalls during the dry weather season (May 15Sthrough September 30~' of each yeaz). The results are then used to detect illegal dischazges to the storm water conveyance system; to conduct focused upstream investigations; and to identify and eliminate, if possible, the sources of illegal dischazges. Due to the expertise and specialized equipment necessary to perform dry weather field screening and analytical monitoring services, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering and environmental consulting firms. Staff received four (4) proposals and has determined that the firm of D-Max Engineering, Inc. (D-Max) is the most qualified of the four firms responding to our Request for Proposal (RFP). Therefore, staff recommends that D-Max be retained to perform Dry Weather Field Screening and Analytical Monitoring Services for the City of Chula Vista. The City has been performing dry weather field screening and analytical monitoring to comply with its NPDES Municipal Permit since 1994. Woodwazd Clyde Consultants, Kinnetic Laboratories, and D-Max have performed these services for the City during the dry seasons of 1994-96, 1997-99, and 2000-2011 respectively. The 2009-2012 three-year agreement with D- Max will expire on June 30, 2012. The Scope of Services as outlined in the Request for Proposals and detailed in the Agreement consists of four major components as follows: 1. Deliverable 1 -Basic Monitoring 2. Deliverable 2 -Report 3. Deliverable 3 -Source Identification Upstream Investigations 4. Deliverable 4 - As-needed Monitoring While quantities for Deliverables 1 and 2 are fixed and known, those for Deliverables 3 and 4 aze dependent upon unforeseeable factors, including the number of pollutant observations and difficulty of source identification. For this reason, aNot-to-Exceed amount has been set for Deliverables 1 and 2, and an estimated budget (based on previous yeazs' experience) has been anticipated to cover the costs for Deliverables 3 and 4. In accordance with City Purchasing Guidelines, an RFP was published and the following four firms formally responded: 1. DMEC 2. D-Max Engineering, Inc. 6-2 06/05/12, Item~Q Page 3 of 4 3. LaRoc Environmental 4. Stantec Following City procurement procedures, a Selection Committee, appointed by the City Manager, reviewed proposals and determined that out of the four consultants submitting proposals, only the following two firms had previous monitoring experience related to the type of services required by the City: 1. D-MAX Engineering, Inc. 2. LaRoc Environmental On April 16, 2012, the two selected consultants were invited to participate in the second stage of the selection process, which included interviews and presentation of time and material maximum compensation amount (Not-to-Exceed Amount) for Field Screening, Analytical Monitoring, Trash Assessment, MS4 Outfall Monitoring, and report preparation (Basic Monitoring). In addition to the above work, the Scope of Work includes upstream investigations and as-needed monitoring that will be compensated based on actual time and materials and according to unit rates included in the Agreement. The amount of time and materials for upstream and as-needed investigations are not known at this time but any work in this category requires prior approval by the City. A budget of $40,000 is anticipated for upstream investigations and as needed monitoring (Deliverables 3 and 4) After careful consideration of consultant qualifications and experience, and based on a scoring system developed for this purpose, the Selection Committee unanimously ranked D-MAX as the top consultant and LaRoc as the second ranking consultant. D-MAx has significantly more experience in municipal dry weather monitoring; they are located closer to Chula Vista, which translates into longer effective working hours; and has put together a stronger team. Although D-MAx proposed a slightly higher not-to-exceed amount for the basic monitoring portion ($31,585.40 compared to LaRoc's $30,875.00), it is expected that their familiarity with the City's drainage system would result in more savings to the City in the upstream investigation portion of the scope of work. Staff recommends contracting with D-MAx Engineering, Inc. based on the criteria discussed above. By approving this resolution, the City Council authorizes the Mayor to sign an agreement on behalf of the City with D-Max Engineering, Inc. to perform Dry Weather Field Screening and Analytical Monitoring Services on an hourly rate/unit cost basis for a total fee, which will not exceed $71,585.40 in Fiscal Year 2012-2013. The initial agreement will be for one yeaz from July 1, 2012 to June 30, 2013. Provisions aze included allowing the agreement to be extended, at the City's sole discretion, for two additional one-year terms. Agreement extensions will be approved by the City Manager. The possible extension of the agreement for up to two years was included in the RFP and the proposed agreement to encourage better hourly rates and unit costs, to avoid the time-consuming selection process each year, and to maintain continuity in the overall program. Approval of the proposed resolution will authorize the City Manager to extend the agreement for up to two years, 6-3 06/05/12, Item Page 4 of 4 depending upon satisfaction with the consultant's work and available funding in (inure budgets. We anticipate the fee for future said Programs will be programmed as part of the City's Fiscal Year FY 2013-2014 and 2014-2015 NPDES Program budgets. Failure to comply with any aspect of the City's NPDES Municipal Permit may expose the City to enforcement action by the Regional Board, or third party lawsuits. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the 500 foot rule found in California Code of Regulations Section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT There axe no fiscal impacts during the current year, since the agreement effective date is July 1, 2012. ONGOING FISCAL IMPACT Fiscal impact for Fiscal Year 2012-2013 and 2013-2014 will not exceed $71,858.40. The San Diego Regional Water Quality Control Board has released an administrative draft of the 2012 NPDES Municipal Permit, with expected adoption by December 2012. Fiscal impacts for Fiscal Year 2014-2015 will depend on dry weather monitoring requirements of the re-issued permit, which are not known at this time. Ftmds to cover dry weather monitoring costs are programmed as part of the City's Fiscal Year NPDES program budget. ATTACHMENTS Agreement with D-Max Engineering. Inc. Prepared by: Khosro Aminpour, Senior Civil Engineer, Department of Public Works H.ANPDESVAeenda & Info Item\2012 Dry Weather MonitorineAAgenda Stntement.doc 6-4 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER FIELD SCREENING AND ANALYTICAL MONITORING SERVICES GRANTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE- YEAR EXTENSIONS TO SAID AGREEMENT WHEREAS, due to the expertise and specialized equipment necessary to perform dry weather field screening and analytical monitoring services, staff considered it necessary to retain outside consultants; and WHEREAS, staff conducted a formal request for proposals from qualified engineering and environmental consulting firms and received four proposals by the deadline of 3:30 p.m. on Tuesday, March 20, 2012; and WHEREAS, the selection committee appointed by the City Manager reviewed submitted proposals and determined that only the following two firms had previous field screening and analytical monitoring experience: • D-Max Engineering, Inc. • LaRoc Environmental WHEREAS, on April 16, 2012, the selection committee interviewed the above two consultants; and WHEREAS, the selection committee ranked the consultant firms as follows: Rankine Firm 1 D-Max Engineering, Inc. 2 LaRoc Environmental WHEREAS, the selection of D-Max Engineering as the most qualified firm was based upon a scoring system developed for this purpose and D-Max ranked higher overall and in specific areas of: 1) experience in municipal dry weather monitoring; 2) closer proximity to Chula Vista; 3) stronger team; and 4) familiarity with the City's storm drainage systems and dry weather monitoring sites. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between the City of Chula Vista and D-Max Engineering, Inc. for NPDES Dry Weather Field Screening and Analytical Monitoring Services 6-5 Resolution No. Page 2 and Illegal Discharge Detection Services, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Manager is granted the authority to approve up to two one-year extensions to said agreement. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement for and on behalf of the City of Chula Vista. Presented by Richard A. Hopkins Director of Public Works Approved as to form by ~- ~ ~_. Glen R. Googins -p f~'~T`+ ~~ (~ ~ City Attorney 6-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE ~ FORMALLY SIGNED.UPON APPROVAL~Y len R. Googins ~ `~,1/UdU~tP~- '~~::u U-l ~ ~ City Attorney v Dated: ~ 3G l AGREEMENT BETWEEN THE CITY OF CHULA VISTA, AND D-MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION (NPDES) DRY WEATHER SCREENING AND ANALYTICAL MONITORING SERVICES AND ILLEGAL DISCHARGE DETECTION SERVICES 6-7 Parties and Recital Page(s) Agreement between City of Chula Vista and D-Mwx Engineering, Inc. for National Pollutant Dischazge Elimination System (NPDES) Dry Weather Field Screening and Analytical Monitoring Services and Illegal Dischazge Detection Services This agreement ("Agreement"), dated May 1, 2012 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose place of business is set forth on Exhibit A, Pazagraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Pazagraph 5, and whose place of business, telephone, and fax numbers aze set forth on Exhibit A, Pazagraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, City seeks to comply with all aspects of the 1987 Amendments to the Federal Water Pollution Control Act (Clean Water Act. and its implementing regulations, 33 USCA Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code 13020 et seq.) and its implementing regulations, and the San Diego Regional Water Quality Control Boazd NPDES Permit Number CAS 0108758 and any subsequent amendments thereto; and, WHEREAS, in order to comply with Federal and State law, it is necessary for City to annually conduct Dry Weather Field Screening and Analytical Monitoring (Dry Weather Monitoring) at major outfalls in order to detect illegal discharges to the storm water conveyance system and to identify, if possible, the sources of said illegal discharges; and, WHEREAS, City has determined that it is necessary to retain the services of Consultant in order to satisfy Dry Weather Monitoring requirements; and, WHEREAS, in addition to retaining the services of Consultant in order to satisfy Dry Weather Monitoring requirements, it is necessary and desirable to retain Consultant on an on-call, as- needed retainer basis during the life of the agreement; and, WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they aze and can prepaze and deliver the services required of Consultant to City within the time frame herein provided all in accordance with the terms and conditions of this Agreement; Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 1 May 1, 2012 6-8 NOW, THEREFORE, BE IT RESOLVED that City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Pazagaph 7, entitled "General Duties;" and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties," Consultant shall also perform all of the services described in Exhibit A, Pazagaph 8, entitled "Scope of-Work and Schedule," not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragaph 8, and deliver to City such Deliverables as are identified in Exhibit A, Pazagraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of City, operate to terminate this Ageement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by Consultant under this Ageement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they aze within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Pazagaph 11, Section C, unless a sepazate fixed fee is otherwise ageed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standazd of Caze Consultant, in performing any Services under this ageement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similaz locations. Dry Weather Monitoring Agreement: D-MAX Engineering, lnc. Page 2 May 1, 2012 6-9 F. Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which aze issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Pazagraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Pazagraph 9, combined single limit applied sepazately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which City may otherwise carry ("Primary Coverage"), and which treats the employees of City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Pazagraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Pazagraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the pazenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to City a performance bond in the form prescribed by City and by such Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. May 1, 2012 Page 3 6-10 sureties which aze authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circulaz 570, htto://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise bylaws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond," in said Exhibit A, Paragraph 19. (2) Letter of Credit. hi the event that Exhibit A, Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mazk in the parenthetical space immediately preceding the subpazagraph entitled "Letter of Credit"), then Consultant shall provide to City an irrevocable letter of credit callable by City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit;" in said Pazagraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, Pazagraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mazk in the paeenthetical space immediately preceding the subpazagraph entitled "Other Security"), then Consultant shall provide to City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of City A. Consultation and Cooperation City shall regulazly consult Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives ofthis agreement. City shall permit access to its office facilities, files and records by Consultant throughout the term of the Agreement. In addition thereto, City agrees to provide the Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 4 May 1, 2012 6-11 information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after notice to proceed, shall constitute a basis for the justifiable delay in Consultant's performance of this Agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Pazagraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Pazagraph 11, adjacent to the governing compensation relationship indicated by a "checkmazk" next to the appropriate arrangement, subject to the requirements for retention set forth in Exhibit A, Pazagraph 19 and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain City's account number indicated on Exhibit A, Pazagraph 18; Section C to be chazged upon making such payment 3. Administration of Contract Each parry designates the individuals ("Contract Administrators") indicated on Exhibit A, Pazagraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall temvnate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendaz day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. May 1, 2012 Page 5 6-12 Time extensions for delays beyond Consultant's control, other than delays caused by City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Pazagraph 15, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as aze specified in Exhibit A, Paragraph 15 or if none are specified, then as determined by the City Attorney.. B. Decline to Participate. Regazdless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regazdless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a seazch and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E: Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant Teams of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. May 1, 2012 Page 6 6-13 F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates")presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter ofthe Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Pazagraph 15. Consultant further warrants and represents that no promise. of future employment, remuneration, consideration, gratuity or other rewazd or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term ofthis Agreement, or for 12 months thereafter. ' Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written pernission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which maybe in conflict with Consultant's responsibilitiesunderthis Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attomeys fees) arising from the sole negligence or sole willful misconduct of City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. Page 7 May 1, 2012 6-14 Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: A. Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of Consultant, or Consultant's employees, agents; and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Pazagraph 7.B, Consultant agrees to defend, indemnify, protect, and hold harmless City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of City, its agents, officers, or employees which maybe in combination with the active or passive negligent acts or omissions of Consultant, its employees, agents or officers, or any third party. Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of City, its agents, officers or employees. This section in no way alters, affects or modifies Consultant's obligation and duties under Exhibit A to this Agreement, Pazagraphs 7 and 8. B. Indemnification for Professional Services As to Consultant's professional obligation, work or services involving this Project, Consultant agrees to indemnify, defend and hold harmless City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of Consultant or Consultant's employees, agents or officers; provided, however, that Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to temunate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. 1n that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepazed by Consultant shall, at the option of City, become the property of City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 8 May 1, 2012 6-15 documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator deterrnines that Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant aze personal to City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub-consultants identified thereat as "Permitted Sub-consultants." 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subj ect to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as maybe limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. Page 9 May 1, 2012 6-16 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent Contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of Consultant's agents, employees or representatives aze, for all purposes under this Agreement, an independent Contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold City harmless with regazd thereto. 14. Administrative Claims Requirements and Procedures No suit or azbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which aze incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15 16. Statement of Costs This Section Intentionally Left Blank In the event that Consultant prepares a report or document, or participates in the prepazation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the prepazation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Pazagraph 16 is mazked, Consultant and/or their principals is/aze licensed with the State of California or some other state as a licensed real estate broker or Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 10 May 1, 2012 6-17 salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. -All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the par`ues relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instnunent in writing executed by the party against which enforcement of such amendment, waiver or dischazge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page I 1 May 1, 2012 6-18 Signature Page to Agreement between City of Chula Vista and D-MAX Engineering, Inc. To conduct National Pollutant Discharge Elimination System (NPDES) Dry Weather Field Screening and Analytical Monitoring Services and Illegal Discharge Detection Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA By: Cheryl Cox, Mayor Dated: Attest: Donna Norris, City Clerk Approved as to form by: Glen Googins, City Attorney Dated: Exhibit List to Agreement (~ Exhibit A. Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. May 1, 2012 D-MAx Engineering, Inc. By: ilea ~- ~,~1~~`r~~ Arsalan Dadkhah, Principal Page 12 6-19 Exhibit A to Agreement between City of Chula Vista and D-MAx Engineering, Inc. 1. Effective Date of Agreement: July 1, 2012 2. City-Related Entity: (~ City of Chula Vista, a municipal chartered corporation of the State of California O Redevelopment Agency of the City of Chula Vista, a politi6al subdivision ofthe State of California O Industrial Development Authority of the City of Chula Vista, a () Other: , a [insert business form] 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: D-M.ax Engineering, Inc. 5. Business Form of Consultant: ( )Sole Proprietorship ( )Partnership (~ Corporation 6. Place of Business, Telephone and Fax Number of Consultant: D-MP,X Engineering, Inc. 7220 Trade Street, Suite 19 San Diego, CA 92121 (858)586-6600 Fax: (858)586-6644 Dry Weather Monitoring Agreement: D-MnX Engineering, Inc. Page 13 May 1, 2012 6-20 7. General Duties: Consultant shall perform dry weather field screening, trash monitoring, MS4 (Municipal Sepazate Storm Sewer System) Outfall Monitoring, sampling, and laboratory analysis at various storm water conveyance system outfalls throughout City. Consultant shall perform upstream investigations, additional sampling, and laboratory analysis, as authorized by City, as may be necessary to identify pollutant sources. Consultant shall prepare and submit to City a comprehensive report including field observations; field and laboratory test results, upstream investigations and source identification, aswell as recommendations. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Dry weather field screening and analytical monitoring consists of the following components: • Field screening monitoring • Analytical monitoring • Trash monitoring • MS4 outfall monitoring Consultant shall: (1) .Provide all personnel, equipment, and materials necessary to perform field screening, trash monitoring, MS4 Outfall Monitoring, and analytical monitoring in compliance with the requirements of Federal NPDES Municipal Storm Water Discharge Regulations (promulgated by the United States Environmental Protection Agency) and California Regional Water Quality Control Boazd NPDES Pemut, Order No. R9-2007-0001, and any subsequent amendments thereto or re-issues thereof. (2) Field Screening Monitoring -Field Screen at primary outfall locations shown in Table 5 for those pazameters listed below and on Form 1 "Dry Weather Monitoring Field Data Sheet." At locations where flow is observed, Consultant shall perform instrumental determination of physical conditions and field chemical analysis by colotimetnic or other approved method for the constituents identified in the "Dry Weather Monitoring Field Data Sheet." If a primary outfall location is found to be dry at the time of investigation, it shall be substituted by an alternative, flowing or ponded, outfall from Table 6 or any other outfall as approved by City, using best professional judgment for selection of the altemative outfall. At sampling locations where flow is observed, at least one grab sample must be collected. Field screening constituents aze as follows: Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 14 May 1, 2012 6-21 • Ammonia Nitrogen (NH3-N) • Glycol • pH • Nitrate Nitrogen (NO3-N) • Reactive Phosphorous (Orthophosphate-P) • Specific conductance (calculate estimated Total Dissolved Solids) • Surfactants (MBAs) • Temperature • Turbidity (3) Analytical Monitoring -Obtain samples and perform laboratory analysis and testing at 15 flowing or ponded outfalls as shown on the Dry Weather Monitoring Map (attached). hi addition, if information obtained through field screening procedures indicates elevated levels of pollutants and/or a possible illegal dischazge, and laboratory testing is deemed to be necessary in order to verify field screening results, after obtaining approval of City, Consultant shall obtain sample and perform laboratory testing as necessary. Sampling and laboratory analysis at the 15 outfall locations shall include testing for: • Total Hardness • Oil and Grease • Diazinon and Chlorpyrifos • Cadmium (Dissolved) • Copper (Dissolved) • Lead (Dissolved) • Zinc (Dissolved) • Enterococcus Bacteria* • Total Coliform Bacteria* • Fecal Coliform Bacteria* * Colilert and Enterolert may be used as alternative methods with Fecal Coliform detemuned by calculations. (4) Trash Monitorine -Concurrent with Field Screening Monitoring described in Section (2) above, perform trash monitoring at each of the 57 outfall locations selected for Field Screening monitoring. Trash monitoring assessment and reporting shall be conducted in accordance with "Final Monitoring Workplan for the Assessment of Trash in San Diego County Watersheds" prepazed by Brown and Caldwell and Weston Solutions for the County of San Diego, August 3Q 2007. The consultant shall assess the presence of trash at the selected outfalls during field screening monitoring. Assessment of trash shall include informafion on the spatial extent and amount of trash, as well as the nature of the types of trash present. For each Dry Weather Monitoring Agreement: D-MnX Engineering, Inc. Page 15 May 1, 2012 6-22 station, the consultant shall complete a "Trash Assessment Form" as shown in Form 2 which maybe updated by the San Diego Region Copernuttees each year. The Trash Assessment Category Examples Presentation dated April 2008 by D-MAX Engineering, Inc. shall be used as a guide for determining the amount of trash present. Any dry weather monitoring outfall with. a Threat to Human Health or Aquatic Health shall be reported immediately to City staff. In addition, any dry weather monitoring station with a Submazginal or Poor rating shall be reported immediately to Ciry staff. Copies of completed Trash Assessment Forms shall be provided to the City with the Dry Weather Field Screening and Analytical Monitoring Program report. A trash assessment summary shall be included in the Report. All data from the trash forms shall be entered into a Regional Data Sharing Format and provided to the City in time for submittal to the Regional Consultant. (5) MS4 Outfall Monitoring -Dry Targeted Portion -Perform MS4 Outfall Monitoring at outfall locations shown in Table 11 and in accordance with procedures and methods described in Table 12. Tazgeted dry weather sampling will occur once each yeaz at the preselected outfalls designated in Table 11. Sampling will occur in the dry weather season and will take place at least four weeks following the last significant rainfall (0.2 inches or greater). Samples shall be taken after April 30, but before July 15 of each year to allow for data submittal into the Annual Regional Monitoring Report. No samples shall be taken within 72 hours of a measurable rainfall event (greater than 0.1 inch). The consultant shall take grab samples from the designated tazgeted MS4 Outfall sites and perform laboratory analysis of the constituents listed in Table 12. Collected samples will be stored in the appropriate laboratory-provided container type for the analytical method to be performed. Water samples shall be labeled with the following information: project name, sample identification number, site location, date and time collected, analyses to be performed, sample preservation, and samplers' initials. Samples shall be stored on ice at 4°C for transfer to a California ELAP certified laboratory. Consultant will be responsible for completing and submitting a chain of custody form for each sample. Table 12 denotes the constituents that will be analyzed, the volumes required for analysis, the method that shall be used to analyze the constituent, tazget reporting limits, units, and the holding time. No action shall be taken in terms of upstream or follow-up investigations, unless asked to do so by City. Consultant will present the results in a form acceptable to the City no later than July 25 of the same year that the samples were taken. Copies of the laboratory results and chains of custody shall also be included in the Dry Weather Field Screening and Analytical Monitoring Program report. (6) Provide a description of the field chemical analysis methods used, including the name(s) of the manufacturer(s) of the test methods along with the range Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. Page 16 May 1, 2012 6-23 and accuracy of each test, using test methods and detection limits shown in Table 7. (7) Within two business days of receiving field .screening and analytical laboratory monitoring results that exceed action levels established in Tables 9 and 10 respectively, conduct upstream investigations to identify the source of pollution. Upstream investigations may include additional storm water conveyance system effluent sampling and analysis, as authorized by City (Deliverable No. 3). (8) Perform additional storm water conveyance system effluent sampling and analysis, as authorized by City, as may be necessary to identify pollutant sources, on an on-call, as-needed basis during the life of the agreement. Consultant shall commence sampling and analysis within one working day of request by City (Deliverable No. 4). (9) Perform all sampling, handling, and testing of field samples obtained for laboratory analysis in accordance with 40 Code of Federal Regulations Part 136. Consultant's laboratory shall be certified to perform such analysis by the California Department of Health Services or shall be approved by the Executive Officer of the Regional Water Quality Control Board. Laboratory testing of field samples shall be performed by test methods and with detection limits shown in Table 8. (10) Perform quality assurance analysis on City-approved chemical standazds (quality control specimens of known chemical concentrations) to check the accuracy and reliability of the field test equipment used. Field Screening quality assurance analysis shall be conducted at the beginning of each week in which Field Screening is scheduled. (11) Provide City with a Dry Weather Monitoring Report within thirty working days of the completion of the Field Screening activities. The Dry Weather Monitoring Report shall include: • A description and analysis of Field Screening activities, laboratory analyses, and upstream investigations conducted under this Agreement • Description and analysis of Trash Assessment data • Description and results of MS4 Outfall Monitoring • Conclusions and recommendations for minimizing or eliminating identified sources of pollution • Completed original Dry Weather Monitoring Field Data Sheets and Trash Assessment Forms • All laboratory test results • Certified copies of all calibration, quality assurance, and maintenance records Dry Weather Monitoring Agreement: D-MAY Engineering, Inc. Page 17 May 1, 2012 6-24 Any other data, reports, records, etc. prepared or collected during the course of execution of this Agreement (12) Further, the consultant shall maintain copies of all records related to Dry Weather Field Screening and Analytical Monitoring, and illegal dischazge detection services performed under the contract for a minimum of five yeazs from the date of sampling, measurement, report, etc. This period may be extended due to possible unresolved litigation regazding a discharge or when requested by City or the Executive Officer of the Regional Water Quality Control Boazd (RWQCB). All reports shall be in a format acceptable to the RWQCB, as required in the NPDES Municipal Perrnit, Order No. R9-2007-0001, and as required for inclusion in regional databases. = (13) Use billing forms and procedures acceptable to City. (14) Notify City in writing of any discharge which may endanger the public health or safety and/or the environment within 24 hours of the time Consultant becomes awaze of said dischazge. B. Date for Commencement of Consultant Services: (..) Same as Effective Date of Agreement (X) Other: Seven working days after the date of Notice to Proceed. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Basic Monitoring -Provide City with original Dry Weather Monitoring Field Data Sheets, Trash Assessment Forms, and written reports of laboratory testing performed in conjunction with Dry Weather Monitoring activities at 57 Field Screening and 15 Analytical Monitoring outfalls within thirty working days of the completion of Field Screening activities. Data from the 10 MS4 Outfall Monitoring outfalls shall be provided to the City no later than July 25. Deliverable No. 2: Report -Provide City with two draft copies of Dry Weather Monitoring Report within thirty working days of the completion of Field Screening activities. Provide three hard copies and one CD of the final report within seven working days of approval of the draft by City. Deliverable No. 3: Source Identification Upstream Investigations -Provide City Dry Weather Monitoring Agreement: D-Mnx Engineering, Inc. Page 18 May 1, 2012 6-25 with written reports of Field Screening, Analytical Monitoring, and source identification upstream investigations performed in conjunction with Dry Weather Monitoring activities to identify the upstream source(s) of pollutants detected or observed during Field Screening. Such written reports shall be provided in the Dry Weather Monitoring Report to be submitted to City within thirty working days of the completion of Field Screening activities. Deliverable No. 4: As-needed Monitoring -Provide City with written reports of sampling and analysis performed on an on-call, as-needed retainer basis to identify pollutant sources within ten working days of the completion of said analyses. D. Date for completion of all Consultant services: Services are to beprovided byConsultant on atime-and-materials basis from July 1, 2012 through June 30, 2013. Upon a determination by City staffthat Consultant has satisfactorily performed the required services during Fiscal Yeaz 2012-2013 and upon subsequent approval by the City Manager, this agreement may be extended if City so elects in its sole discretion up through Fiscal Yeaz 2014-2015, in one-year increments, upon terms and conditions contained herein. 9. Insurance Requirements: Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by Consultant, it's agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. A. Minimum Scope of Insurance Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) (2) Insurance Services Office Form Number CA0001 covering Automobile Liability, Code 1 (any auto) (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Dry Weather Monitoring Ageement: D-MAX Engineering, Inc. Page 19 May 1, 2012 6-26 B. Minimum Limits of Insurance Consultant must maintain limits no less than: General Liability $1,000,000 per occurrence for bodily injury, personal (Including operations, injury and property damage. If Commercial General products and completed Liability insurance with a general aggregate limit is used, operations, as either the general aggregate limit must apply separately to applicable.) this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Statutory Employer's Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee 4. Professional Liability or $1,000,000 each occurrence Errors & Omissions $1,000,000 policy aggregate Liability: C. Deductibles and Self-Insured Retentions Any deductibles orself-insured retentions must be declazed to and approved by City. At the option of City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to City, its officers, officials, employees and volunteers; or Consultant will provide a financial guazantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration, and defense expenses. D. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies aze to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers aze to be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of Consultant's including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 20 May 1, 2012 6-27 Operations coverage. (2) Consultant's General Liability insurance coverage must be primary insurance as it pertains to City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers is wholly sepazate from the insurance of the Contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 ofthe Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage aze written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) yeazs after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) yeazs after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to City for review. E. AcceUtability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. F. Verification of Coverage Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 21 May 1, 2012 6-28 Consultant shall furnish City with original certificates and amendatory endorsements effecting coverage required by this clause. -The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. G. Subcontractors Consultants must include all sub-consultants as insureds under its policies or furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants is subject to all of the requirements included in these specifications. 10. Materials Required to be Supplied by City to Consultant: A. A reproducible copy of a map of City showing all monitoring sites. B. Copies of or access to previous years' dry weather field screening reports. 11. Compensation: A. O Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: ,payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 22 May 1, 2012 6-29 O Interim Monthly Advances. City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by City, or such other personas the City Manager shall designate, but only upon such proof demanded by City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as aze sepazately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ ( )1. Interim Monthly Advances. City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to City if the Phase is riot satisfactorily completed. If the Phase is satisfactorily completed, City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Pazagraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensafion due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by City, or such other person as the City Manager shall designate, but only upon such proof demanded by City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. Page 23 May 1, 2012 6-30 by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1)(X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of $31,585.40 for completion of Deliverables 1 and 2, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant to complete those deliverables for Field Screening at 57 outfalls, Analytical Monitoring at 15 outfalls, Trash Monitoring at 57 Outfalls, and MS4 Monitoring Outfalls at 10 outfalls, listed in Exhibit A; Tables 5 and 11 (any dry outfalls from Table 5 shall be substituted by an outfall from Table 6) including all materials and other "reimbursables." Consultant agrees to perform the Defined Services herein required for Deliverables 3 and 4, which aze undefined as to quantity or number and within the sole discretion of City to initiate, up to the limits of compensation shown in the following schedule. When funds authorized for Deliverables 3 and 4 aze exhausted, Consultant and City shall renegotiate the funding for Deliverables 3 and 4 before Consultant proceeds with further work. Subject to stipulations of ExhibitA, Pazagraph 8, Part D, laboratory analysis unit rates for Fiscal Yeazs 2013-14 and 2014-15 will be calculated based on laboratory invoice plus 15% markup, which shall not exceed 4% over the previous yeaz's unit rates. All other unit rates for Fiscal Yeazs 2013-14 and 2014-15 will remain as indicated in the first year of the agreement. The Not-to-Exceed Limitation on Time and Materials for Task 1 (Basic Monitoring and Report-Deliverables 1 and 2) will be adjusted accordingly for the second and third years, if the City exercises its option to extend the agreement in each of these yeazs. Also, the budget for Tasks 2 and 3 (Deliverables 3 and 4) will be estimated annually. Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 24 May 1, 2012 6-31 TABLE 1-Compensation Task Bud et for Each Task 1. Basic Monitoring and Report (Deliverables 1 and 2) Not-to-Exceed $31,585.40 This cost assumes that MS4 Outfall Monitoring is performed sepazately from Dry Weather Field Screening 2. Upstream Investigation and Testing During Dry Weather Estimated $30,000.00 Monitoring (Deliverable 3) 3. Upstream Investigation and Testing on an On-Ca1UA- Estimated $10,000.00 Needed Basis throughout the Term of the Agreement Deliverable 4) Maximum Total Com ensation -Tasks 1, 2, and 3 $71,585.40 Note:. Funds remaining from a completed task may be utilized for another task if necessary (2)( )Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule TABLE 2 -Personnel Cate o of Em to ees of Consultant* Hourl Rate $ 2-Person Field Crew 170 3-Person Field Crew (For Confined S ace En Onl) 200 Clerk 50 Word Processor 55 Field Technician 65 Drafter/CAD O erator 75 Staff Scientist/En-ineer 85 Staff Scientist/Bn ineer II 92 Assistant Pro'ect En ineer/Scientist 100 Senior En ineer/Scientist 120 Pro'ectMana er** 140 * Categories of employees anticipated to perform work on this project ** Appearance as expert witness at court trials, mediation, azbitmtion hearings, and depositions will be chazged at $200/hour. Time spent for such appearances will be chazged at the above standazd hourly rates. NOTE: Subject to stipulations of Paragraph 8 Part D of Exhibit A to the Agreement, above rates will increase by zero % per yeaz for the second and third yeazs. Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 25 May 1, 2012 6-32 O Hourly rates may increase by X% for services rendered after [month], [yeaz], if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: O None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ O Travel, not to exceed $ () Printing, not to exceed $ O Postage, not to exceed $ _ () Delivery, not to exceed $ () Long Distance Telephon e $ Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: TABLE 3 -Field Screenin¢ Item Unit Cost $)* Vehicle, Per Day includes milea e) 90 Safe E ui ment, Per Da 100 S ecific Conductance, Per Test No Chaz e Tem erature, Per Test No Chaz e H, Per Test No Chaz e Turbidi ,Per Test No Chaz e Surfactants AS), Per Test 7.50 Nitrate-N, Per Test 5.00 Ammonia-N, Per Test 4.00 Reactive Phos horus Ortho-P ,Per Test 4.00 Gl col, Per Test 4.00 * Field Screening tests shall be performed according to test methods, detection limits, ranges, and accuracies set out in Table 7. NOTE: Subject to stipulations of Paragraph 8 Part D of Exhibit A to the Agreement, above rates will increase by zero %per yeaz for the second and third yeazs. Dry Weather Monitoring Agreement: D-MAX Engineering, Ina Page 26 May 1, 2012 6-33 TABLE 4 -Laboratory Analysis Test Unit Cost $)* Total Dissolved Solids, Per Test ** 18.40 Total Hardness, Per Test 20.13 Oil and Grease, Per Test 56.35 Diazinon and Chlo yrifos, Per Test 172.50 Cadmium (dissolved), Per Test 15.53 Co er (dissolved ,Per Test 15.53 Lead dissolved), Per Test 15.53 Zinc (dissolved ,Per Test 15.53 Enterococcus Bacteria, Per Test 80.50 Total Coliform Bacteria, Per Test*** 43.13 Fecal Coliform Bacteria, Per Test*** 43.13 Enterococcus b IDEXX Enterolert, Per Test 49.45 Total Coliform and E. coli b IDEXX Colilert, Per Test = 69.00 Meth lene Blue Active Substances MBAS ,Per Test 24.15 * Laboratory tests shall be performed according to analytical methods, detection limits, and holding times set out in Table 8. ** MS4 Outfall Monitoring Only *** These prices apply when a sample is tested for both fecal and total coliform bacteria using the multiple tube fermentation (MTF) method. However, if only one of the two tests is requested for a sample and laboratory labor savings from combining prepaza[ion tasks cannot be achieved, the cost of a test for either total colifottn alone is $63.25 and fecal coliform along is $51.75 using the MTF method. NOTE: Subject to stipulations of Exhibit A, Pazagraph 8, Part D, laboratory analysis unit rates for Fiscal Yeazs 2013-14 and 2014-15 will be calculated based on laboratory invoice plus IS% mazkup, which shall not exceed 4% over the previous yeaz's unit rates. 13. Contract Administrators: City: Khosro Aminpout, Senior Civil Engineer Department of Public Works 1800 Maxwell Road Chula Vista, CA 91911 Telephone: (619) 397-6111 Fax: (619) 397-6259 Email: kaminpourna chulavistaca.¢ov Consultant: Arsalan Dadkhah, Principal D-Max Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 14. Liquidated Damages Rate: () $ per day. ( )Other: Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 27 May 1, 2012 6-34 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( )FPPC-Filer ( )Category No. 1. Investments and sources of income. ( )Category No. 2. Interests in real property. ( )Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( )Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( )Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment, ( )Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ()Category No. 7. Business positions. ( )List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. OConsultant is Real Estate Broker and/or Salesman 17. Permitted Sub-consultants: Enviromatrix Analytical, Inc. 18. Bill Processing: A. Consultant's billing to be submitted for the following period of time: Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 28 May 1, 2012 6-35 (X) Monthly ( )Quarterly () Other:_ B. Day of the Period for submission of Consultant's Billing: ( )First of the Month O 15th Day of each Month (X) End of the Month ( )Other: C. City's Account Number: 30120-6301 19. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to Consultant sooner, City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( )Retention Amount: $ Retention Release Event: ( )Completion of All Consultant Services (X) Other: Delivery and Acceptance of Reports to the satisfaction of the Director of Public Works Dry Weather Monitoring Agreement: D-MAx Engineering, lnc. Page 29 May 1, 2012 6-36 TABLE 5 -Primary Dry Weather Monitoring Outfalls Site ID Location Conveyance Primary Land Secondary Hydrologic Unit Latitude Longitude . Use Land Use BAY-Ol West side of Bay Blvd. across from 1075 Complex Outlet Commercial Commercial 910 N32.60820 ° W117.09325 ° BAY-02 . of intersection of Palomar St. and Bay Blvd. Earthen Channel Commercial Industrial 910 N32.60479 ° W 117.09248 ° BAY-03 W. of intersection of Ada St. and Bay Blvd. Earthen Channel Industrial Residential 910 N32.60267 ° W 117.09251 ° BLC-Ol hula Vista Municipal Golf Course west of Bonita/ Concrete Channel Residential Residential 909 N32.66562 ° W 117.02414 ° cacia intersection BLC-02 ong Canyon Channel S. of Bonita Rd. and W. of Earthen Channel Residential Open 909 N32.65556 ° W 117.00859 ° outhem end of Acacia Avenue CEN-Ol . of H Street and E. of I-5 and Trolley hacks Concrete Channel Commercial Residential 909 N32.62922 ° W 117.09507 ° CEN-03 S. of "J" St., behind 726 and 728 Colorado Ave. Concrete Channel Residential Residential 909 N32.62153 ° W 117.09212 ° CEN-04 emorial Park west of 3rd Ave. and north of Park Outlet Commercial Residential 909 N32.63869 ° W 117.07956 ° a CEN-07 est of 5 Avenue, between Center Street and Park Concrete Channel Residential Commercial 909 N32.63713 ° W 117.08782 ° a CEN-10 W of the intersection of Hilltop Dr. and Whitney St. Catch Basin. Residential Commercial 909 N32.63643 ° W 117.06439 ° JUD-O1 S. of Intersection of Fresno Avenue and Main Sheet Concrete Channel Commercial Residential 910 N32.59465 ° W 117.06675 ° JUD-02 SW. of intersection of Reed Ct. and Main St. Outlet Industrial Commercial 910 N32.59450 ° W 117.05599 ° JUD-03 SW of Main/ Mace intersection Manhole Industrial Commercial 910 N32.59466 ° W 117.05380 ° LAK-O1 orth East of the intersection of Proctor Valley Road Outlet Residential Open 910 N32.66023 ° W 116.94138 ° d A ua Vista Drive in the can on OLR-Ol oath of Chula Vista Municipal Golf Course, north of Outlet Commercial Residential 909 N32.66144 ° W 117.03146 ° to Lakes Road/Bonita intersection OLR-02 S. of Chula Vista Municipal Golf Course N, of Otay Natural Creek Commercial Residential 909 N32.66145 ° W 117.03152 ° akes Rd./ Bonita intersection OVR-04 S. of Main Street, 50 ft E. of Nirvana Avenue Outlet Industrial Commercial 910 N32.59273 ° W 117.01730 ° OVR-07 . of Property at 1879 Nirvana Ave Outlet Industrial Commercial 910 N32.59479 ° W 117.01437 ° OVR-09 S. of property at 850 Energy Way in city easement at Outlet Industrial Commercial 910 N32.59452 ° W 117.01199 ° ase of 30' slo e rn I w J Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 30 May 1, 2012 TABLE 5 -Primary Dry Weather Monitoring Outfalls Site ID Location Conveyance Primary Land Secondary Hydrologic Unit Latitude Longitude . Use Land Use OVR-10 • end of Brandywine Avenue, S. of Auto Park Dr., at Outlet Commercial Commercial 910 N32.59285 ° W 117.02994 ° ase of slo e. POG-Ol . of Main St., 100 ft. W. of Melrose Ave Earthen Channel Residential Commercial 910 N32.59455 ° W 117.04153 ° POG-02 Intersection of Eastlake Pkwy and Trinidad Cove, Manhole Residential Open 910 N32.63610 ° W 116.96748 ° ear entrance to housin tract "Anti ua" POG-03 lympic Pkwy, acroos from Heritage Rd. Natural Creek Open Residential 910 N32.61643 ° W 117.00220 ° PRD-02 W. of Aries Ct. and 200ft. S. of Rienstra St. in Outlet Residential Commercial 910 N32.60622 ° W 117.04353 ° DG&E easement RCC-01 SE of Bonita Rd. and I-805. 500 ft. S. of Bonita Rd. Outlet Open Residential 909 N32.64677 ° W 117.05845 ° RCC-02 W corner of E. H Street and Del Rey Blvd. Outlet Commercial Open 909 N32.63881 ° W 117.03551 ° RCC-03 Downstream of Discovery Pazk W. Rancho Del Rey Outlet Residential Open 909 N32.64418 ° W 117.01191 ° Pazkwa in Rice Can ono ens ace hikin trail ast FI St. and Otay Lakes Rd. intersection W. side of Outlet Commercial Residential 909 N32.64436 ° W 117.00253 ° RCC-04 ho in center, in can on SCR-01 orth of Otay Lakes Road and 300' west of private Outlet Residential Open 910 N32.64567 ° W 116.94713 ° to Ranch Road, east of Hunte Parkwa SCR-02 Salt Creek, as it passes under Otay Lakes Rd., E. of Natural Creek Open Residential 910 N32.64548 ° W 116.94671 ° Hunte Pkw .side of street SCR-03 lympic Pkwy, about 200 ft. E. of Hunte Pkwy, on the Natural Creek Open Residential 910 N32.63333 ° W 116.94444 ° Salt Creek. SCR-04 o[tom of Slope Eastlake Pkwy/Hunte Pkwy Outlet Residential Open 910 N32.61261 ° W 116.95940 ° SCR-OS Bottom of Slope Exploration Falls Dr./I-lunte Plwy Outlet Open Residential 910 N32.61857 ° W116.95093 ° SCR-06 ortheast of cul-de-sac at north end of Hunte Pkwy Earthen Channel Parks Open 910 N32.66780° W 116.95562° est of Ota Water District ro e SCR-07 outheast of SCR-OS at detention basin outlet Outlet Open Residential 910 N32.61662° W 116.94391° N. of East H Street and 50' West of SR-125, at base of Outlet Residential Open 909 N32.65924 ° W 116.97750 ° SUN-02 to e, East of SUN-OS hula Vista Municipal Golf Course, SW of Bonita and Natural Creek Residential Residential 909 N32.66685 ° WI17.02338 ° SUN-03 entral Ave. rn I w w Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 31 May 1, 2012 TABLE 5 -Primary Dry Weather Monitoring Outfalls Site ID Location Conveyance Primary Land Secondary Hydrologic Unit Latitude Longitude . Use Land Use SiJN-OS • of East H Street and 50' West of SR-125, at base of Outlet Open Residential 909 N32.65917 ° W 116.97767 ° slo e SiJN-06 S. W. of intersection of Proctor Valley Road and San Outlet Residential Open 909 N32.67141 ° W 116.99702 ° Mi el Ranch Road SUN-07 E. of Jonel Way, inlet to detention basin at base of Outlet Residential Open 909 N32.67688 ° W 116.98830 ° to e, W. of SR125 SITN-OS ast of Jonel Way, outlet to detention basin Outlet Residential Open 909 N32.67693° W 116.98860° SVS-O1 ear of Ramada Inn at intersection of Bonita Rd and Outlet Commercial Residential 909 N32.64912 ° W 117.06474 ° onita Glen N. of Bonita Rd. SVS-02 • of # 65 Flower Street, behind units 297& 320. Catch Basin Residential Residential 909 N32.65010 ° W117.06696 ° West of I-805 SWR-04 W of 5th Ave. and "C" Street, south of Wal-Mart Outlet Commercial Parks 909 N32.65010 ° W117.09266 ° arkin lot TCC-01-01 S. W. of Bay Blvd./L St. intersection inside Duke Outlet Commercial Residential 909 N32.61457 ° W 117.09232 ° Ener Plant, easternmost outlet TCC-Ol-02 S.W. of Bay Blvd./L S[. intersection inside Duke Outlet Commercial Residential 909 N32.61457 ° ° W117.09232 ner Plant, to the ri ht of TCC-OI-O1 TCC-O 1-03 • W. of Bay Blvd./L St. intersection inside Duke Outlet Commercial Residential 909 N32.61457 ° W 117.09232 ° Ener Plant, fo the ri t of TCC-Ol-02 TCC-O1-04 S.W. of Bay Blvd./L St. intersection inside Duke Outlet Commercial Residential 909 N32.61457 ° W 117.09232 ° ner Plant, westernmost outlet TCC-02 W. of Hilltop Dr. in Hilltop Park Concrete Channel Residential Commercial 909 N32.62821 ° W 117.06138 ° TCC-03 00' W. of Eastlake Pkwy., 100' N. of Otay Lakes Outlet Commercial Residential 909 N32.64726 ° W 116.96885 ° oad, across from as station TCC-04 W. of 3rd Ave. and S. of L Sheet, under gas station Natural Creek Commercial Residential 909 N32.62016 ° W 117.07230 ° TCC-OS elegraph Canyon Road and Heritage/ Paseo Rachero Natwal Creek Open Residential 909 N32.62605 ° W117.00806 ° intersection TCC-06 elegraph Canyon Rd. and Paseo Del Rey, NW of Concrete Channel Open Residential 909 N32.62774 ° W 117.03429 ° intersection TCS oss St./Trolley RR intersection, inside property Catch Basin Commercial Residential 909 N32.61283 ° W117.08840 ° located at 694 Moss Street W1L-O1 hula Vista Municipal Golf Cowse S. of Sweetwater Natural Creek Residential Open 909 N32.66082 ° W 117.04306 ° d. 100ft. E of Willow St. rn w cD Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. Page 32 May 1, 2012 TABLE 5 -Primary Dry Weather Monitoring Outfalls ID Sit Location Conveyance Primary Land Secondary H drolo is Unit y S Latitude Longitude . e Use Land Use W. of La Media Road, across from detention basin in Outlet Residential Open 910 N32.61194° W 116.98443° WOL-02 an on WOL-03 ottom of slope south of Santa Luna Street Outlet Residential Residential 910 N32.60779 ° W 116.97800 ° rn 0 Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. Page 33 May 1, 2012 TART.F. 6 -Alternate Drv Weather Monitorin¢ Outfalls Site I.D. Location Conveyance Conti uration Land Use CEN-OS West of Second Avenue between "G" Street and Open Channel Residential "H" Street MGC-02 West of Chula Vista Municipal Golf Course, at S.E. Earthen Commercial corner of Willow Street Bridge Channel Industrial Residential OVR-13 N. end of property at 855 Energy Way (access via Outlet Industrial Otay Landfill on Maxwell, take southern-most dirt Open road headin E. to end PRD-O1 S. of Main Street, W. of Palm Road, site PRD-03 is Concrete Commercial also at this location Channel Residential PRD-03 S. of Main Street, W. of Palm Road, site PRD-O1 is Outlet Commercial also at this location Residential SWB-O1 West of Frontage Road, 100' south of Ada Street, Open Channel Commercial west of I-5 Freeway Industrial Residential Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. Page 34 May 1, 2012 6-41 TARi.P.7-Firld Crreeninv Methods rn i a N Parameter avuy Method Method Detection Limit Ran e g Conductivit Conductivi Meter 0.01 mS/Cm 0-20 mS/Cm Temperature Standazd Laboratory Thermometer 0.1°C 0.0°C - 60.0°C H H Meter 0.01 0.0 -14.0 Turbidity Turbidity Meter 0.00 NTU 0.00 - 50.00 NTU and 50 -1000 NTU Surfactants Meth lene Blue Active Substances 0.2 m /L 0.00 m /L - 3.0 m L* Nitrate-N Cadmium Reduction 0.5 m /L as NOs 0.5 m /L - 50.0 m L as N03* Attunonia-N Salic date 0.1 m /L 0.1 m - 3.00 m /L* Ortho hos hate-P Stannous Chloride Chemist 0.30 m Las P04 0.30 m /L - 8.00 m Las PO4 Gl col Periodate/ u ald 0.60 m /L 0.60 m 2 -10.0 m /L* ~ This method determines the concenhation of nitrate in mg/L N03. To determine the amount ofnitrate-N, the concentration of nitrogen must be adjusted for the presence of oxygen in the N03 molecule. Therefore, the result is multiplied by a conversion factor of 0.226, the ratio of the molecular weight ofN (14 g/mol) to N03 (62 g/mol). The detection limit for nitrate is 0.5 mg/L, however, the detection limit for nitrate nitrogen is lower due to the conversion. z This method determines the concentration of orthophosphate in mg/L PO4. To determine the amount oforthophosphate-P, the concentration of phosphate must be adjusted for the presence of oxygen in the POy molecule. Oxygen is 67.4% of phosphate by mass but is not a plant nutrient in this form. Therefore, the result is multiplied by a conversion factor of 0.326, the ratio of the molecular weight of P (31 g/mol) to POQ (95 g/mol). The detection limit for orthophosphate is 0.30 mg/L, however, the detection limit for orthophosphate-P is lower due to the conversion. * Extended ranges in chemical analyses can be achieved through dilutions. Accuracies decrease proportionally with further dilutions Dry Weather Monitoring Agreement: D-MAx Engineering Inc. May 1, 2012 Page 35 TABLE 8 -Laboratory Analytical Methods Analyte Analytical Method Method Detection Limit Maximum Holdin Timel Oil and Grease EPA 1664 1 m /L 28 days Total Hardness EPA 200.7 10 m 14 days Dissolved Cadmium EPA 200.8 1 24 hours Dissolved Copper EPA 200.8 1 24 hours Dissolved Lead EPA 200.8 1 24 hours Dissolved Zinc EPA 200.8 0.3 24 hours Diazinon EPA 8141A 0.04 7 days Chlorpyrifos EPA 8141A 0.04 7 days Total Coliform2 SM 9221 20 -1,600,000 MPN/100 mL 6 hours Fecal Coliform SM 9221 20 -160,000 MPN/100 mL 6 hours Enterococcus SM 9230 20 - 160,000 MPN/100 mL 6 hours mg/L = milligamper liter µg2 = microgam per liter MPN/100 mL =Most probable number (ofcolony-forming units) per 100 milliliters 1 Maximum holding time values listed apply to samples collected and preserved in accordance with the QA/QC procedures. z Other acceptable methods such as IDEXX Enterolert or IDEXX Colilert may be proposed by the Consultant and approved by the City. Dry Weather Monitoring Ageement: D-Max Engineering, Inc. Page 36 May 1, 2012 6-43 TABLE 9 -Action Levels for Field Screenint= rn a a Field Screenin Anal tes Action Levelst Source/Notes pH Basin Plan, w/allowance for elevated pH due to excessive photosynthesis. <6.5 or >9.0 Elevated His es eciall roblematic in combination with hi h ammonia. Ortho hos hate-P m /L 2.0 USEPA Multi-sector General Permit Nitrate-N m L 10.0 Basin Plan and drinkin water standards Ammonia-N (mg/L) Based on Workgroup experience. May also consider unionized ammonia 1 0 fraction. Surfactants (MBAs) (mg/L) Basin Plan with allowance based on Workgroup field experience and 1 0 ossible field rea ent interferences Glycol (mg/L) No regional action level has been established; action level is based on City 1 0 ex erience. Turbidity (NTU) Water Quality Objectives relevant to inland surface waters are not Best Professional available. Base judgment on channel type and bottom, time since last rain, Judgment background levels, and most importantly visual observation (e.g. unusual colors and lack of clarit ,and unusual odors. Temperature (°F or °C) Best Professional Base judgment on season, air temperature, channel type, shading, etc. Jud ment Conductivity (mS/Cm) Conductivity may be highly elevated in some regions due to high Total Dissolved Solids, groundwater exfiltration to surface water, mineral Best Professional dissolution, drought, and seawater intrusion. Normal source ID and Judgment discharge elimination wok is not effective in these situations. Knowledge of area background conditions is impprtant. Values <0.75 may indicate excessive otable water dischar e or''flushin . t The referenced action levels should not be the sole criteria for initiating a source identification investigation. Dry weather monitoring data should be interpreted using a variety of available information including best professional judgment and within-site and between-site sample variability. Dry Weather Monitoring Agreement: D-Max Engineering, Inc. May 1, 2012 Page 37 TABLE 10 -Action Levels for Laborato Monitorin rn I a Laborato Anal tes Action Levelst Source/Notes Oil and Grease (mg/L) USEPA Multi-sector General Permit. If petroleum sheen is observed, the sample should be collected from the water 15 surface. Visual observations may justify immediate investi ation. Diazinon (µg2) 0 5 Response to diazinon and chlorpyrifos levels above 0.5 µg/L should focus on education and outreach to potential Chlorpyrifos (µg/L) dischargers in the target drainage basin. Highly elevated 0.5 levels should be investigated aggressively as with other otentia] IC/IDs. Dissolved Cadmium (µg2) California Toxics Use California Toxics Rule Table 1, 1-hour criteria to Rule determine appropriate action level for individual samples. Dissolved Copper (µg/L) California Toxics Table provides benchmarks based on hardness and Rule dissolved metals concentrations. For example, at 300 mg/L Dissolved Lead (µg/L) California Toxics hazdness the following action levels would apply: Cd-14 Rule ppb; Cu-38 ppb; Pb-209 ppb; and Zn-297 ppb. Dissolved Zinc (µg/L) California Toxics Rule Total Colifotm MPN/100 mL 130,000 Bacteria levels in many storm drains are likely to exceed Fecal Coliform MPN/100 mL 13,000 public health guidance criteria.. Use confidence interval test Enterococcus (MPN/100 mL) and best professional judgment to identify conveyances for 7,000 source ID. ~ The reference action levels should not be the sole criteria Tor initiating a source ~uennncauon myesngauon. ury wcau,c~ ~~~o.~~~~,,.~~ data should be interpreted using a variety of available information including best professional judgment and within-site and between- site sample variability. Dry Weather Monitoring Agreement: D-Max Engineering, Inc. May 1, 2012 Page 38 TABLE 11-MS4 Outfall Monitoring Sites for Dry Targeted Portion Site Name Latitude Lon itude HU Anal tes TCC-03 32.64726 116.96885 909 Bacteria, Metals, TDS TCC-04 32.62016 117.07230 909 Bacteria, Metals, TDS CEN-O1 32.62922 117.09507 909 Bacteria, Metals, TDS RCC-02 32.63830 117.06551 909 Bacteria, Metals, TDS SLJN-06 32.67141 116.99702 909 Bacteria, Metals, TDS SVS-O1 32.64912 117.06474 909 Bacteria, Metals, TDS BAY-O1 32.60820 117.09235 910 Bacteria and Metals ND-Ol 32.59465 117.06675 910 Bacteria and Metals PRD-02 32.60622 117.04353 910 Bacteria and Metals SCR-O1 32.64567 116.94713 910 Bacteria and Metals TARf.F. 12 - Analvtes for MS4 Outfall Monitoring Analytes Volume Method Target Reporting Units Holding Required Limit Time Bacteria* Total Coliform 200 mL SM 9221B - MPN/100mL 6 hours Fecal Coliform 200 mL SM 9221E - MPN/100mL 6 hours Enterococcus 200 mL SM 9230 - MPN/100mL 6 hours TDS 100 mL SM 2540D 20 m 7 da s Metals (dissolved) Cadmium 0.001 mg/L 6 months Copper 75 mL EPA 200.8 0.001 mg/L 6 months Lead 0.001 mg/L 6 months Zinc 0.02 m 6 months * Membrane filtration techniques SM 9222B, SM 9222D, SM 9230C and other ap roved wastewater methods for bacteria aze acce table. Dry Weather Monitoring Agreement: D-MP Y Engineering, lnc. Page 39 May 1, 2012 6-41i FORM 1 San Diego Stormwater Copermittees Dry Weather Monitoring Field Data Sheet ^ Field Screening ^ Confirmation For Ai CiTF TFCf RTPTif1N ^ IC/ID Follow-Up For MAP Ri decimal deerees to 5th olacel ^ MS4 ^ Receiving Water Site ID Latitude (e.g., 33.41174) ~ m Hydrologic Unit (e.g., 7.00) Location Longitude (e.g, -117.35213) ,~~, Hydrologic Area (e.g, 7.10) Date TB Page c Hydrologic Subarea (O tional (e.g., 7.11) Time Observer Discharge Area (O tional) Land Use (Primary) ^ Residential ^ Commercial ^ Industrial ^ Agricultural ^ Pazks ^ Open (Check one only) Land Use (Secondary) ^ Residential ^ Commercial ^ Industrial ^ Agricultural ^ Pazks ^ Open ^ None (Optional, greater than 10%) - _ Conveyance ~ Manhole ^ Catch Basin ^ Concrete ^ Natural ^ Earthen ~ Curb/Gutter ^ Outlet (Check one only) Channel Creek Channel ATMOSPHERIC CONDITIONS Weather ^ Sunny ^ Partly Cloudy ^ Overcast ^ Fog Tide ^ N/A ^ Low ^ Incoming ^ High ^ Outgoing Tide Height: ft. Last Rain ^ > 72 hours ^ < 72 hours Rainfall ^ None ^ < 0.1" ^ > 0.1" F""'VOFF CHARACTERISTICS C r ^ None ^ Musty ^ Rotten Eggs ^ Chemical ^ Sewage ^ Other Color ^ None ^ Yellow ^ Brown ^ White ^ Gray ^ Other Clarity ^ Cleaz ^ Slightly Cloudy ^ Opaque ^ Other Floatables ^ None ^ Trash ^ Bubbles/Foam ^ Sheen ^ Fecal Matter ^ Other Deposits ^ None ^ SedimenUGravel ^ Fine Particulates ^ Stains ^ Oily Deposits ^ Other Vegetation ^ None ^ Limited ^ Normal ^ Excessive ^ Other Biology ^ None ^ Insects ^ Algae ^ Fish ^ Snails ^ Mussels/ Barnacles ^ InsecU ^ hvsecU Algae Snail. ^ Other Water Flow ^ Flowing ^ Ponded 0 Dry ^ Tidal Does the storm drain flow reach the Receiving Water? ^ Yes ^ No ^ N/A Evidence of Overland Flow? Yes ONo ~ Irrigation Runoff ^ Other: Photo Taken ^yeS ^ No Photo # .- c.....-.1.,.. !`..Ile..tnd9 n Vnc fl Nn p~cw JCS CCU~u Water Tem (°cl .. -~-• .. -~~ NH3-N (melr) N03-N (mrn-) Ortho-P04 im~.> g ~n,~rs> TURB (~ COND lmsr°m> MBAS (mom Analytical Lab Samples Collected? ^ Yes ^ No FLOW ESTIMATION WORKSHEETS Flowin Creek or Box Culvert Fillin a Bottle or Known Volume Flowin Pi e Width e De th a VelOCl ft/sec F1nW Pm COMMENTS: Volume ~ Time to Fill see Flow ~m Diameter ft _ De th e Veloci +vseC Flow anm Dry Weather Monitoring Agreealent: D-MAX Engineering, Inc. Page 40 May 1, 2012 6-47 San Diego Stormwater Copermittees Land Use Types for Dry Weather Monitoring (Adopted by the Dry Weather Monitoring Workgroup, Apri120, 2004) 1. Residential Residential (general) Single- and multi-family homes, mobile home parks, etc. Rural residential (For the County of San Diego and other appropriate Copermittees) Single family homes located in rural azeas with lot sizes of approximately 1 to 10 acres. Rural residential estates may have small orchards, fields or small storage buildings associated with the residential dwelling unit, etc. 2. Commercial Offices, schools, shopping centers, auto dealerships, govemment/civic centers, cemeteries, churches, libraries, post offices, fire/police stations, military use, jails, prisons, border patrol holding stations, dormitories, hotels, motels, resorts, and casinos, etc. 3. Agricultural Orchazds, vineyazds, nurseries, greenhouses, flower fields, dairies, livestock, poultry, equine ranches, row crops and grains, pasture, fallow, etc. 4. Industrial Shipbuilding, airframe, aircraft manufacturing, industrial pazks, manufacturing uses such as lumber, furniture, paper, rubber, stone, clay, and glass; auto repair services/recycling centers; warehousing, wholesale trade; mining, sand and gravel extraction, salt evaporation; junkyazd, dumps/landfills; auto wrecking/dismantling and recycling centers, etc. 5. Parks Recreation azeas and centers, neighborhood pazks, wildlife and nature preserves, golf courses, accessible sandy azeas along the coast or major water bodies allowing swimming and picnicking, etc. 6. Open Vacant and undeveloped lands, etc. Dry Weather Monitoring Agreement: D-Max Engineering, Inc. May 1, 2012 6-48 Page 41 FORM 2 Trash Assessment Form SITE ID: DATE: LOCATION: TIME: OBSERVER: PREVIOUS TRASH ASSESSMENT RATING (IF APPLICABLE): ESTIMATED AREA OF ASSESSMENT L X W Amount and Extent of Trash EVALUATION OF TRASH INCLUDES: ^ MS4 ^ RECEIVING WATER ^ BOTH On first glance, no trash visible. Little or no trash (<10 pieces) evident when evaluated ^ Optimal area is closely examined for litter and debris. On first glance, little or no trash visible. After close inspection small levels of trash (-10- ^ Suboptimal 50 pieces) evident in evaluated area. Trash is evident in low to medium levels (-51-100 pieces) on first glance. Evaluated ^ Marginal area contains litter and debris. Evidence of site being used by people: scattered cans, bottles, food wrappers, blankets, or clothing present. Trash distracts the eye on first glance. Evaluated area contains substantial levels of litter ^ Submarginal and debris (>100- 400). Evidence of site being used frequently by people: many cans, bottles, food wrappers, blankets, or clothing present. Site is significantly impacted by trash. Evidence of trash accumulation behind a ^ Poor constriction point or evidence of excessive dumping. Evaluated area contains substantial levels of litter and debris (>400 pieces). In areas where receiving water Is accessroie anU aalacem co ory weaniei sue, uaou ~.a,~a.,~„ ~ ~,~~. ,~,,.,...~ ~~..~~.~~~y .....-.. Site Evaluation for Threat to Human Health and/or Aquatic Health Site poses a threat to human health via swimming, wading, or walking through the area. Trash and debris has the potential to contain chemicals that may bioaccumulate, ^ Threat transmit dangerous bacteria (e.g. medical waste, diapers, human waste), or has the Human Health potential for physical harts (sharps, entanglement, nails, etc...). Comments should be added for clarification. Site poses a threat to aquatic health or other wildlife (via contact, ingestion, entanglement, etc...) from the Vash and debris present. Trash and debris such as small ^ Threat to floatable material that is persistent and can be transported long distances may resemble Aquatic Health food and may be ingested. Wire, plastiq, fishing line, and other material that has the potential for entanglement. Oil and other visible chemicals or chemical wntainers falls in this category. Comments should be added for clarification. Dry Weather Monitoring Agreement: D-Max Engineering, Inc. Page 42 May 1, 2012 6-49 Complete the following section for Submarginal, and Poor Evaluations ONLY POTENTIAL ROUTE POTENTIAL SOURCE ~ (CHECK UP TO 2) (CHECK UP TO 2) o U = O b C• rnd °' ~ E a~+ C a O - ~ V •i _ t0 C o" Y C a c a ~ c E d ~ N ?~ E d m 7 C ~ E w ~ O t N C °' E {0 d C A F Q' ~ D J 7 7 •O 2 U U C fA F- ~ '6 Automotive Biohazard Waste Business Related Cigarette Butts - Construction Fabric/Clothing Food Packaging Food Waste Household Shopping Carts Toxic Yard Waste ' Onry rank the types or crasn rrcwuv ~ m evamaieo eroe u~~u ~ wy~~ ~~ i ~ ~~ •••...,. r•=•=~~••• - •- ~~ •~~~• r•-•-•-•••. DO NOT rank types of trash that are not present in evaluated area. Dry Weather Monitoring Agreement: D-Max Engineering, Inc. Page 43 May 1, 2012 6-50 MAP 1 6-51 s" ~.i ~- ~ SUN-08 ~~~: ;r ~~s~- 1 SUN-07_~I ~-' '~-• ~ SUN-06 c"', rti~^'.'~ti SUN-03 ~°I ~ SCR-06 -~f f ,{ x; _ ~ "i ~`~ ~•)~~ ~ ~~ BLC-01 r ~ \~~ ~ "~ ~' ~,E.~.: ~ t OLR-02~~ "'r LAK-01 r~~.r`a ~~ ~ .4 SUN-02 ~' ~~,, ar;1 .~~~ ~WIL-01.~~- ~ 'C~L~ of ,Z 7 X51 ~ ~ -~ ~ --' ~t MGC-02'~ SUN-05~ i .~ (~F a ,; ~ BLC-o2, ~~ t'~ ` ~ ~ ~~ WR-04 \SVS-02-~~ TCC-03 t.,.}~ ' \~ _RCC-01 r- -~ ~~ ~ t~ ~ SVS-01 ~~ _ ` RCC-03~ ~ SCR-01~~ SCR-1 ~ ~ '4~ ~{ ~-~ ti ; t' CEN-04~ ~ RCC-02 '~ f RCC-04 'v,/J'~ i ~ ~~ ~ _ POG-02 ~~~~t ~i`~~ CEN-07;~, ~; ~~ .CEN-10'• ~~ -~} n-r ~ '` ~ t ~~ i, 'SCR-03- ,t! xw, TCC-02 TCC-06,~ ~ ~ ~ t ~`'ii`ck "~` ~~ ~': ~ CEN-01 _ tee ~` ~ ~ ~ ~ TCCs05 7 ~ .1~ ? 4 t ~~ t y ,I F '~ ~'~~~ ~ ~ CEN-03t ~,.~ -, s ~ TCC-04 Lk 'ti S w"ti~ ~l .R°"ES =~ i~ -o~ ~~G_03 SCR-05;~ SCR-07 ~;~k ~ '~ ~~ M ,„. rcc-0a;o2 ; -.: ~ CS -~ ~ SCR-04 '`AS F t - n ~~ `~ =~~ cc-09 oa.~ ~1~1 t WOL-02 t '~ `~ 't' `~, @~ ;.% ~ BAY-01 PRD-02 t ~ ~pf `" Ar -' .~ ~, :..~ BAY-02 ~ t - Y-{t, '~ f J ~ \'~BAY-03 ~~ SWB-01 ~,~ "~~~ Oj ~ "' I ~OVR-13 v,~ xa i ° (I~--° ~k t JUD-ot ~~C~ i~ POG-01 ~ ~ _ __ _._..- ~~ OVR-10 ~ OVR-07 ~ id~ _ 9 ~ _, -~ 3~ `;~ [ i'l. .~.. ., ~ , ~ ~ a, .Rau - `.-,.. PRD-01 :.: .. .:..: 'r. OVR-04, _.^._. '. .J i~ --yg` Irrex n*nr SR~PESERVOIR 2 ~° a .,,»..e Qj~l ~;,,, ' ~I MAP NOTE: ~` /- miz map c'nemea ra sway anya~o zman na b=uzearpr my amerpaR~. ~ NfvmaOOn an Ibis map'a aka zub)c[ m t ~~- mange (v rerizon)penmiwN_me ~~ nF Coy R CM1UIa Vlzp Eres nrE 9ierzn[x CHUTA4'15TA "=a~arano,~rmaboneaambmab mk map am oanmz a~nzl me aze m r.nr.w~•w~ac in~narisnon ±-n•d mk exam maaagrem use xaaurs pan o'+Rm=azwuamvoRks~Rpoes+w~ywe xreAUVaasu mm care: LEGEN D 4~ Field, Lab Major Channel _ ---- River Field Q City of Chula Vista Water Body Alternate Sites 6-52 0 5000 10000 Feet NPDES Dry Weather Monitoring Outfalls