HomeMy WebLinkAbout2006/08/08 Item 6
COUNCIL AGENDA STATEMENT
Item: {;
Meeting Date: 08/08/06
SUBMITTED BY:
Resolution Approving an Agreement Between the City of
Chula Vista and D-Max Engineering, Inc. for National Pollutant
Discharge Elimination System (NPDES) Dry Weather Analytical and
Field Screening Monitoring Services and grant the City Manager the
authority to approve up to two one-ye~nsions to said agreement.
Director of Public Works Operations(J/
City Manager { (4/5ths Vote: Yes_No X)
ITEM TITLE:
REVIEWED BY:
One requirement of the City's NPDES Municipal Permit (Order No. 2001-01) from the
California Regional Water Quality Control Board, San Diego Region, (RWQCB) is that all
agencies annually conduct dry weather analytical and field screening monitoring (effluent
sampling, chemical analysis, observation of physical conditions, and laboratory testing) at major
outfalls during the dry weather season (May 1st through SepteIllber 30th of each year) in order 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 dry weather analytical and
field screening 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. is the
most qualified of the four firms responding to our Request For Proposals (RFP). In addition, D-
Max Engineering, Inc. (D-Max) submitted the lowest price of the three top-ranked consultants.
Therefore, staff recommends that D-Max be retained to perform Dry Weather Analytical and
Field Screening Monitoring Services.
RECOMMENDATION: That Council approve an agreement between the City of Chula
Vista and D-Max Engineering, Inc. for National Pollutant Discharge Elimination System
(NPDES) Dry Weather Analytical and Field Screening Monitoring Services and grant the City
Manager the authority to approve up to two one-year extensions to said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The City has been performing dry weather analytical and field screening monitoring to comply
with its NPDES Municipal Permit since 1994. Woodward Clyde Consultants, Kinnetic
Laboratories, and D-Max have performed these services for the City during the dry seasons of
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Page 2, Item tV
Meeting Date 08/08/06
1994-96, 1997-99, and 2000-2006 respectively. The 2003-2006 three-year agreement with D-
Max expired on June 30, 2006.
In accordance with City Purchasing Guidelines, an RFP was published and the following four
firms formally responded:
1. Eilar Associates
2. D-Max Engineering, Inc.
3 PBS&J, Inc.
4 SCS Engineers
Following City procurement procedures, the selection committee, appointed by the City
Manager, reviewed proposals and determined that the following three firms had previous
monitoring experience related to the type of services required by the City.
1 D-Max Engineering, Inc.
2. PBS&J, Inc.
3 SCS Engineers
On May 15,2006, the three 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 budgets for Outfall Field Screening only. At the conclusion of the
interview, the committee ranked the consultant firms as follows:
Not-to-Exceed Amount
Ranking Firm Outfall Field Screening
asic Task, Items 1 & 2
1 $23,724.00
2 $37,773 10
3 SCS En . eering $46,206.00
* Not-to-Exceed Amount Costs include one round offield screening. laboratory testing, analysis and
reporting. and excludes upstream and on-call investigations.
The selection ofD-Max as the most qualified firm was based upon: 1) overall better knowledge
of the scope of work and NPDES regulations and requirements; 2) excellent references; 3) best
presentation in the interview; 4) extensive experience in performing dry weather analytical and
field screening monitoring in Chula Vista and other local jurisdictions; and,S) lower cost.
After careful consideration of consultant qualifications and experience, the Selection Committee
determined that D-Max Engineering and PBS&J are equally qualified to perform the work. SCS
Engineers has considerable experience in the development of storm water programs and
monitoring of construction sites and industrial facilities, but less direct experience with the type
of municipal monitoring work required in the RFP. D-Max's cost proposal is significantly lower
than the other two consultants due to their ability to keep laboratory costs down by negotiating
favorable rates with their sub-consultant laboratory. Costs associated with office staff time for
data review, analysis, and report preparation are also lower for D-Max, resulting in a
substantially lower overall cost than PBS&J and SCS Engineers.
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Page 3, Item '--
Meeting Date 08/08/06
Staff recommends contracting with D-Max Engineering, Inc. based on the criteria discussed
above.
The Scope of Services as outlined in the Request for Proposals and detailed in the Agreement
consists of three major components as follows:
1. Basic Task, Item 1 - Field Screening at 57 outfalls.
2. Basic Task, Item 2 - Sampling and laboratory testing on samples collected at 15
outfalls.
3. Additional Tasks, Item 3 - Upstream investigations for pollutant source identification
and On-CalllAs-Needed services.
During the RFP and interview processes, the consultants were informed of the components of the
Scope of Services, and consultants selected for the interviews were requested to submit their
proposal for the Not-to-Exceed Limitation amount (paragraph I1.C.(1) of the Standard Form
Two Party Agreement) for Items 1 and 2 above (basic task). For the three top ranking
consultants, these amounts are shown in the above table. Time required for upstream
investigations and On-CalllAs-Needed services (Item 3) is dependent upon unforeseeable
factors, including the number of pollutant observations and difficulty of source identification.
For this reason, an additional $28,276 is included in the Agreement to cover such costs.
However, according to the Agreement, expenditure of the latter amount will only be made at
City staff's direction on a time and material basis.
By approving this resolution, the City will enter into an agreement with D-Max Engineering, Inc.
to perform Dry Weather Analytical and Field Screening Monitoring Services on an hourly
rate/unit cost basis for a total fee which will not exceed $52,000 in Fiscal Year 2006-2007.
The initial agreement will be for one year. Provisions are included allowing the agreement to be
extended, at the City's sole discretion, for two additional one-year terms. Unit rates for all tasks
shall increase 4% annually for each of the additional two one-year terms. Agreement extensions
will have to be approved by the City Manager. The possible extension of the agreement for up to
two years was included in the Request for Proposal and in the proposed agreement to encourage
better hourly rates and unit costs by providing the possibility of a longer term agreement, to
avoid the time-consuming selection process each year, and to maintain continuity in the lllegal
Discharge Detection Program. Approval of the proposed resolution will authorize the City
Manager to extend the agreement for up to two years, depending upon satisfaction with the
consultant's work and available funding in future budgets. We anticipate the fee for future said
Programs will be programmed as part of the City's Fiscal Year FY 07-08 and 08-09 NPDES
Program budgets. Since the Regional Water Quality Control Board is currently in the process of
the NPDES Municipal Permit Reissuance, it is anticipated that there may be some changes to the
scope of work for FY 2007-2008, and 2008-2009. However, the extent of such changes and their
fiscal impacts cannot be accurately estimated at this time.
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Page 4, Item ........
Meeting Date 08/08/06
Failure to comply with any aspect of the City's NPDES Municipal Permit could result in the
imposition of up to $27,500 per day filles by the RWQCB, and up to $50,000 per day by the
United States Environmental Protection Agency
FISCAL IMPACT: The fee for these services for FY 2006-2007 will not exceed $52,000.
Funds to cover dry weather analytical and field screening monitoring service costs have been
programmed as part of the City's Fiscal Year 2006-2007 NPDES Program budget.
Attachments: Proposed Agreement Between the City and D-Max Engineering, Inc.
File No. 0780-82-KYI8l
K;\Public Works Operations\NPDES\Agenda\Dry Weather Screening 2006.doc
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RESOLUTION NO. 2006-
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 ANALYTICAL AND FIELD
SCREENING SERVICES AND 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 analytical and field screening monitoring services, staff considered it necessary to retain
outside consultants; and
WHEREAS, staff requested proposals from qualified engineering and environmental
consulting fIrrns, and
WHEREAS, the selection committee appointed by the City Manager reviewed submitted
proposals and determined that the following three firms had previous analytical and field
monitoring experience related to the type of services required by the City'
. D-Max Engineering, Inc.
. PBS&J, Inc.
. SCS Engineers
WHEREAS, on May 15,2006, the three selected consultants were invited to participate
in the second stage of the selection process; and
WHEREAS, the committee ranked the consultant fIrms as follows:
Ranking
Firm
Not-To-Exceed Amount
Outfall Field Screening
$23,724.00
$37,773 10
$46,206.00
1
2
3
D-Max Engineering, Inc.
PBS&J, Inc.
SCS Engineers
WHEREAS, the selection of D-Max Engineering as the most qualified firm was based
upon: 1) overall better knowledge of the scope of work and NPDES regulations and
requirements; 2) excellent references, 3) presentation in the interview; 4) extensive experience in
performing dry weather analytical and fIeld screening monitoring in Chula Vista and other
jurisdictions, and 5) lowest costs.
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Resolution 2006-
Page 2 of3
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 National Pollutant Discharge Elimination System (NPDES) Dry Weather
Analytical and Field Screening Monitoring Services, a copy of which shall be kept on file in the
office of the City Clerk; and
BE IT FURTHER RESOLVED that the City Manager is granted the authority to approve
up to two one-year extensions to said agreement; and
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
Approved as to form by
~f~~~)J.,.
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~cx-.\\ \{\~~\\
Ann Moore
City Attorney
Dated: ~l~ l ~ \ ) ? N:'\~
Agreement betwee the City of Chula Vista
And D-Max Engineering, Inc. for
National Pollutant Discharge Elimination System (NPDES)
Dry Weather Analytical and Field Screening Monitoring Services
And Illegal Discharge Detection Services
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Agreement between
City of Chula Vista
and
D-Max Engineering, Inc.
for National Pollutant Discharge Elimination System (NPDES)
Dry Weather Analytical and Field Screening Monitoring Services
and illegal Discharge Detection Services
1bis agreement ("Agreement"), dated July 1~, 2006 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 business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth oil Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the 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 Board
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 the City to
annually conduct Dry Weather Analytical and Field Screening Monitoring (Field Screening) 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, the City had determined that it is necessary to retain the services of Consultant
in order to satisfy Field Screening requirements; and,
WHEREAS, in addition to retaining the services of Consultant in order to satisfy Field
Screening requirements, it is necessary and desirable to retain ConslilItant 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 are and can prepare 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;
Field Screening Agreement: D-Max Engineering 6-8
Page 1
NOW, THEREFORE, BE IT RESOLVED that the 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, Paragraph 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, Paragraph 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, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 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 ofW ork and Schedule shall
be herein referred to as the "Defmed Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defmed Services to be performed by the COnSultant under this Agreement. 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 are 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, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, 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 similar
locations.
Field Screening Agreement: D-Max Engineering 6 - 9
Page 2
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 are 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, Paragraph 9.
Co=ercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately 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 the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the 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, Paragraph 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
co=encement 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 Co=ercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the 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 Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
i=ediately preceding the subparagraph entitled "Performance Bond"), then Consultant
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shall provide to the City a performance bond in the form prescribed by the City and by
such sureties which are authorized to transact such business in the State of California,
listed as approved by the United States Department of Treasury Circular 570,
http://www.fi:ns.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
by laws 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
Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit callable by the City at their
unfettered discretion by subrnitting to the bank a letter, signed by the City Manager,
stating that the 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 Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a PerfOrniance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein
listed in a form and amount satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the 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 of this agreement. The City shall permit access to its office facilities, files and records
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Page 4
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
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 authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the 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, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, 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 the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 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 terminate 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 calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the Consultant
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Field Screening Agreement: D-Max Engineering
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shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other than delays caused by the
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, Paragraph 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 are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless 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.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search 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 learns
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Page 6
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.
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 subj ect matter of the Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward 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 of this 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 permission of City.
,
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party, which may be in conflict with Consultant's responsibilities under this Agreement, except
with the written permission of City
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the 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 the 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, attorneys
fees) arising from the sole negligence or sole willful misconduct of the 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 the City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or omissions of the 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 the 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
E. . 6-14
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of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attomeys fees and liability
incurred by the City, its officers, agents or employees in defending against such claims, whether the
same proceed to judgment or ndt. Consultant's obligations under this Section shall not be limited by
any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section
shall survive the termination of this Agreement.
F or those professionals who are required to be licensed by the state (e.g. architects and engineers),
the following indemnification provisions should be utilized:
I 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 the Consultant, or Consultant's employees, agents, and officers, arising out of
any services performed involving this project, except liability for Professional Services covered
under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the 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 the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party. The 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 the City, its agents,
officers or employees. This section in no way alters, affects or modifies the Consultant's obligation
and duties under Sections 7 and 8 of Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnifY, defend and hold harmless the 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 the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's duty to indemnifY shall not include any
claims or liability arising from the negligence or willful misconduct of the 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 terminate 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. In that event, all finished or
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unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of 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 determines that the Consuitants' 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 the 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 the 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 are personal to the 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 subconsultants identified thereat as "Permitted Subconsultants"
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 subjectto 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 may be 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.
Field Screening Agreement: D-Max Engineering 6 -1 6
Page 9
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 the Consultant's agents, employees or representatives are, 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
the City harmless with regard thereto.
14 Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and rued with the City and acted upon by the 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 are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the 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 Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who
is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
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 preparation of the report or document.
17 Miscellaneous
A. Consultant not authorized to Represent City
Field Screening Agreement: D.Max Engineering 6-1 7
Page 10
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, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
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 parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge 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 LawN enue
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.
6-18
Field Screening Agreement: D-Max Engineering
Page 11
Signature Page
to
Agreement between City of Chula Vista and D-Max Engineering, Inc.
To conduct National Pollutant Discharge Elimination System (NPDES)
Dry Weather Analytical and Field Screening 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
itsternJs:
CITY OF CHULA VISTA
D-MAX ENGINEERING, INC.
By
By
~1&d
Arsalan Dadkhah, Principal
Stephen C. Padilla, Mayor
Dated.
Dated. 7//3/06
Attest:
Susan Bigelow, City Clerk
Dated:
Approved as to form by:
Ann Moore, City Attorney
Dated:
Exhibit List to Agreement
(X) Exhibit A.
Field Screening Agreement: D-Max Engineering 6 -1 9
Page 12
Exhibit A
to
Agreement between
City of Chula Vista
and
D-Max Engineering, Inc.
1. Effective Date of Agreement: July 1, 2006
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
(), Industrial Development Authority of the City of Chula Vista, a
()
Other:
form]
, a [insert business
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
D-Max Engineering, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
. ld' D ME' . 6-20
Fie Screenmg Agreement: - ax ngmeermg
Page 13
6. Place of Business, Telephone and Fax Number of Consultant:
7220 Trade Street, Suite 119
San Diego, CA 92121
Phone: (858) 586-6600
Fax: (858) 586-6644
7. General Duties:
Consultant shall perform dry weather field screening, sampling, and laboratory analysis at
various storm water conveyance system outfalls throughout the 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 the City a
comprehensive report including field observations; field and laboratory test results, upstream
investigations and source identification, as well as recommendations.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall.
(1) Provide all personnel, equipment, and materials necessary to perform field
screening 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 Board NPDES Permit Number CAS 0108758, and any subsequent
amendments or re-issues of those permits.
(2) Field Screen at primary outfall locations shown in Table 5 for those
parameters listed below and on Form 1 "Dry Weather Monitoring Field Data
Sheet" At locations where flow is observed, the Consultant shall perform
instrumental determination of physical conditions and field chemical analysis
by colorimetric or other approved methods 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 the City, using best professional judgment for selection of the
alternative outfall. At sampling locations where flow is observed, at least two
grab samples must be collected within twenty-four hours of each other and at
least four hours apart. Field screening constituents are as follows:
· Specific conductance (calculate estimated Total Dissolved Solids).
. Turbidity
Field Screening Agreement: D-Max Engineering 6 - 21
Page 14
. pH
. Reactive Phosphorous
. Nitrate Nitrogen
. Ammonia Nitrogen
. Glycol
. Surfactants (MBAS)
. Temperature
(3) At a minimum, obtain samples and perform laboratory analysis and testing at
15 flowing or ponded outfalls. In addition, if information obtained through
Field Screening procedures indicates elevated levels of pollutants and/or a
possible illegal discharge, and laboratory testing is deemed to be necessary in
order to verify field screening results, after obtaining approval of the City, the
Consultant shall obtain samples and perform laboratory testing as necessary
Laboratory sample analysis at the 15 minimum outfalls shall include testing
for:
. Total Hardness
. Surfactants (MBAS)
. Oil and Grease
. Diazinon and Chlorpyrifos
. Cadmium (Dissolved)
. Copper (Dissolved)
. Lead (Dissolved)
. Zinc (Dissolved)
. Enterococcus Bacteria
. Total Coliform Bacteria
. Fecal Coliform Bacteria
(4) 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
and accuracy of each test, using test methods and detection limits shown in
Table 7.
(5) Perform upstream storm water conveyance system effluent sampling and
analysis, as authorized by City, as may be necessary to identify the upstream
source(s) of pollutants detected or observed during Field Screening
(Deliverable No.3).
(6) 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 co=ence sampling and analysis within one working day of
request by City (Deliverable No.4).
. Id . A DM E' . 6-22
Fie Screemng greement: - ax ngmeenng
Page 15
(7) Perform all sampling, handling, and testing of field samples obtained for
laboratory analysis in accordance with 40 Code of Federal Regulations Part
136. The 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.
(8) Perform quality assurance analyses on City-approved chemical standards
(quality control specimens of known chemical concentrations) to check the
accuracy and reliability of the field test equipment used. Field Screening
quality assurance analyses shall be conducted at the beginning of each week
in which Field Screening is scheduled.
(9) Provide City with original Field Screening Data Sheets within 3 working days
of when Field Screening is performed. Provide City with summary report of
Field Screening activities, laboratory analyses, and upstream investigations
within thirty working days of the completion of the final round of Field
Screening.
(10) Provide City with all original data, reports, records, etc. of field screening,
illegal discharge detection services, and laboratory analyses, as well as
certified copies of all calibration, quality assurance, and maintenance records.
Further, the Consultant shall maintain copies of all records related to dry
weather analytical and field screening and illegal discharge detection services
performed under the contract for a minimum of five years from the date of
sampling, measurement, report, etc. This period may be extended due to
possible unresolved litigation regarding a discharge or when requested by
City or the Executive Officer of the Regional Water Quality Control Board
(RWQCB).
All reports shall be in a format acceptable to the R WQCB and/or as required
in the NPDES Municipal Storm Water Discharge Permit.
(11 ) Use billing forms and procedures acceptable to City
(12) 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 the consultant
becomes aware of said discharge.
B. Date for Co=encement of Consultant Services;
(oo) Same as Effective Date of Agreement
Field Screening Agreement: D-Max Engineering 6 - 2 3
Page 16
(X) Other: Seven working days after the date of Notice to Proceed.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1. Provide City with original Field Screening Data Sheets within
three working days of when said Field Screening is
performed. Provide City with written reports of laboratory
testing performed in conjunction with Field Screening
activities within ten working days of the completion of said
laboratory testing.
Deliverable No.2: Provide City with two copies of draft written summary report
ofField Screening and related activities within thirty working
days of the completion of said Field Screening, and three hard
copies and one CD of the final report within seven working
days of approval of the draft by the City
Deliverable No.3: Provide City with written reports of laboratory testing
performed in conjunction with Field Screening activities
upstream of outfalls to identify the upstream source(s) of
pollutants detected or observed during Field Screening within
ten working days of the completion of said laboratory testing.
Deliverable No.4: Provide City with written reports of sampling and analyses
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 be provided by Consultant on a time-and-materials basis through June
30, 2007. Upon a determination by City staff that Consultant has satisfactorily
performed the required services during Fiscal Year 2006-2007 and upon subsequent
approval by the City Manager, this agreement may be extended if City so elects in its
sole discretion up through Fiscal Year 2008-2009, in one-year increments, upon the
same terms and conditions contained in this Agreement.
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 the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to com'mencement of work. The insurance
must be maintained for the duration of the contract.
. . 6-24
Field Screening Agreement: D-Max Engmeet11lg
Page 17
Minimum Scope of Insurance
Coverage must be at least as broad as:
I Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOI)
2. Insurance Services Office Form Number CAOOOI covering Automobile Liability,
Code I (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
Minimum Limits of Insurance
Consultant must maintain limits no less than:
I General Liability.
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability.
3 Workers' Compensation
Employer's Liability:
4 Professional Liability or
Errors & Omissions
Liability.
$1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability
insurance with a general aggregate limit is used, either the
general aggregate limit must apply separately to this
project/location or the general aggregate limit must be twice
the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$500,000 each occurrence
$1,000,000 policy aggregate
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and volunteers;
or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing
payment oflosses and related investigations, claims administration, and defense expenses.
Field Screening Agreement: D-Max Engineering 6 - 2 5
Page 18
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1 The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insured with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Consultant, where
applicable, and, with respect to liability arising out of work or operations performed
by or on behalf of the Consultant 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
consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the
endorsement must not exclude Products/Completed Operations coverage.
2. The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the Consultant and in no way
relieves the Consultant 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 the 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 of the Civil Code.
5. Consultant's insurer will provide a Waiver of Subrogation in favor of the 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 are 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) years 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) years after
completion of contract work.
. . ADM E' . 6-26
Field Screerung greement: - ax ngmeermg
Page 19
4 A copy of the claims reporting requirements must be submitted to the City for
review
Acceptability 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.
Verification of Coverage
Consultant shall furnish the 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 the City
before work co=ences. The 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.
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 are
subject to all of the requirements included in these specifications.
10 Materials Required to be Supplied by City to Consultant:
(1) A reproducible copy of a map of the City showing all field screening sites.
(2) Copies of, or access to, previous years' dry weather field screening reports.
11 Compensation.
A. () Single Fixed Fee Arrangement.
For performance of all of the Defmed 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
Field Screening Agreement: D-Max Engineering 6 - 2 7
Page 20
( ) Interim Monthly Advances. The 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 the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the 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 the
City, or such other person as the City Manager shall designate, but only upon such proof
demanded by the 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.
F or the performance of each phase or portion of the Defined Services by Consultant as are
separately 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
1
Fee for Said Phase
$
2.
$
3.
$
. D ME' . 6-28
Field ScreenIng Agreement: - ax ngmeenng
Page 21
( ) 1 Interim Monthly Advances. The 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 the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the 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 the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the 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.
C. (X) Hourly Rate Arrangement
For performance of the Defmed 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$23,724.00 for completion of De live rabIes 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 and Analytical
Monitoring at 15 outfalls listed in Attachment 1 Table 5 (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 are undefined as to quantity or number and within the
sole discretion of the City to initiate, up to the limits of compensation shown in the
following schedule. When funds authorized for Deliverables 3 and 4 are exhausted,
the Consultant and City shall renegotiate the funding for deliverables 3 and 4 before
the Consultant proceeds with further work.
Subject to stipulations of Section 8 Paragraph D of Exhibit A to the
Agreement, unit rates for Fiscal Years 2007-08 and 2008-09 will increase by 4%
annually Accordingly, the Not-to-Exceed Limitation on Time and Materials for
Task 1 (Outfall Field Screening (Deliverables 1 & 2) will be increased to $24,673.00
and $25,660.00 for the second and third years, respectively, if the City exercises its
Field Screening Agreement: D-Max Engineering 6 - 29
Page 22
option to extend the agreement in each of these years. Also, the budget for Tasks 2 &
3 (Deliverables 3 & 4) will be estimated annually
Table 1- Com ensation
Task
I Outfall Field Screening (Deliverables I & 2)
Bud et for Each Task
Not-to-Exceed $23,724.00
2. Upstream Investigation and Testing During
Field Screening Operations (Deliverable 3)
Estimated
$12,000.00
3 Upstream Investigation and Testing on an On- Estimated $16,276.00
Call/As-Needed Basis throughout the Term of
the A eement eliverable 4
Maximum Total Com ensation- Tasks 1,2, & 3 $52,000.00
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 the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Table 2 - Personnel
10 ees of Consultant
() Hourly rates may increase by 6% for services rendered after [month], 200X, if delay in
providing services is caused by City
6-30
Field Screening Agreement: D-Max Engineering
Page 23
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'
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed
() Copies, not to exceed
() Travel, not to exceed
() Printing, not to exceed
() Postage, not to exceed
(X) Other Actual Identifiable Direct Costs:
Table 3 - Field Screenin
Item Unit Cost $
Vehicle, Per Da includes milea e 70
Safe E ui ment, Per Da 80
S ecific Conductance, Per Test No Char e
Tem erature, Per Test No Char e
H, Per Test No Char e
Turbidi , Per Test No Char e
Surfactants, Per Test 5
Nitrate-N, Per Test 5
Ammonia-N, Per Test 4
Reactive Phos horns Ortho-P, Per Test 4
GI col, Per Test 4
Field Screening tests shall be performed according to test methods, detection
limits, ranges, and accuracies set out in Attachment I, Table 7
.. Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement,
above rates will increase by 4 % per year for the second and third years
Field Screening Agreement: D-Max Engineering 6 -31
Page 24
Table 4 - Laborato
Test
sis
Unit Cost
$ .
17
23
57
175
15
15
15
15
80
44
44.
Total Hardness, Per Test
Surfactants AS ,Per Test
Oil and Grease, Per Test
Diazinon and Chlo . os, Per Test
Cadmium dissolved, Per Test
Co er dissolved, Per Test
Lead dissolved, Per Test
Zinc dissolved, Per Test
Enterococcus Bacteria, Per Test
Total Coliform Bacteria, Per Test
Fecal Coliform Bacteria, Per Test
.
Laboratory tests shall be performed according to analytical methods, detection
limits, and holding times set out in Attachment I, Table 8.
.. Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement,
above rates will increase by 4% per year for the second and third years.
13 Contract Administrators:
City: Khosro Aminpour, Senior Civil Engineer
Department of Public Works Operations
1800 Maxwell Road
Chula Vista, CA 91911
Telephone: (619) 397-6111
Fax: (619) 397-6254
Consultant: Arsalan Dadkhah
D-Max Engineering, Inc.
7220 Trade Street, Suite 119
San Diego, CA 92121
Telephone: (858) 586-6600
Fax: (858) 586-6644
14. Liquidated Damages Rate:
( )$_perday
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
6-32
Field Screening Agreement: D-Max Engineering
Page 25
( ) 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. ( ) Consultant 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:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
Field Screening Agreement: D-Max Engineering 6 - 3 3
Page 26
( ) 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 the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the 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 Operations
Field Screening Agreement: D-Max Engineering 6-34
Page 27
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FORM 1
DRY WEATHER MONITORING FIELD DATA SHEET
o Routine Investigation
o ICIID FoIlow-Up For
GENERAL SITE DESCRIPTION
Site ro'
Location:
Date/I'ime:
Observer:
Latitude:
Longitude:
Watersbed:
TB Page:
Observed Land Use:
Conveyance Type:
Construction:
o Commercial
o Catch Basin
o Steel
o Agricultural
o Open Channel
o Natural
o Residential
o Manhole
o Concrete
o Indus1rial
o Outlet
o Plastic
(GPS coordinates recorded in NAD 83 decimal deg)
(Watershed Management Area as defined in Permit)
o Parks 0 Open
o Other
Other Description
ATMOSPHERIC CONDmONS
Weather o Sunny o Partly Cloudy o Overcast oFog
Tide oN/A o Low o Incoming o High o Outgoing Tide Height_ft.
Last Rain o > 72 hours o < 72 hours
RainfaIl o None 0<0.1" 0>0.1"
RUNOFF CHARACTERISTICS
Odor o None o Musty o Rotten Eggs o Chemical o Sewage o Other
Color o None o Yellow o Brown o White o Gray o Other
Clarity o Clear o Slightly Cloudy o Opaque o Other
Floatables o None o Trash o BubblesIFoam o Sheen o Fecal Matter o Other
Deposits o None o Sediment/Gravel o Fine Particulates o Stains o Oily Deposits o Other
Vegetation o None o Limited o Normal o Excessive o Other
Biology o None o Insects o Algae o SnaiIslFish o MusselsIBamacles o Other
Flow Observed DYes 0 No 0 Ponded 0 Tidal
Flow Rate: gpm
Does the storm drain flow reach the Receiving Water? 0 Yes
Evidence of Overland Flow? 0 Yes 0 No 0 Irrigation Runoff
Photo Taken 0 Yes 0 No Picture #
DNa
o Other:
oN/A
les Collected? 0 Yes 0 No
NlI3-N m
Turbidi
Analytical Lab Samples Collected?
DYes DNa
FLOW ESTIMATION WORKSHEETS
Flowin Creek or Box Culvert"
Width ft
D th ft
Veloci ftlsec
Flow m
Fillin B ttI
VI
ll!a 0 e or Known o ume*
Volume mL
Time to Fill see
Flow onm
Flowin Pi e"
Diameter
D th
Veloci
Flow
ft
ft
ftlsec
m
COMMENTS:
Field Screening Agreement: D-Max Engineering
July 12, 2006
6-44
Page 37
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