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HomeMy WebLinkAbout2009/05/26 Item 5 CITY COUNCIL AGENDA STATEMENT ~\~ CITY OF ~CHULA VISTA 5/26/09, Item t;;; SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING Ai"! AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER FIELD SCREENING Ai"lD ANALYTICAL MONITORING SERVICES GRANTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE- YEAR EXTENSIONS TO SAID AG~NT DIRECTOR OF PUBLIC WORKS ~ I NAGER CITY MANAGE ASSIST ANT ITEM TITLE: 4/5THS VOTE: YES 0 NO ~ SUMMARY The City's NPDES permit from the Califomia 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. Five proposals were received, and staff has determined that D-Max Engineenng, Inc. was the most qualified and also submitted the lowest bid of the three top ranked consultants. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project 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. Thus, no further environmental review is necessary. RECOMMENDATION Council approve the resolution. 5-1 5/26/09, Item~ Page 2 of 5 BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION. Background One requirement of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Storm Water Permit (Order No. R9-2007-0001) from the San Diego Regional Water Quality Control Board is to annually conduct dry weather field screening and analytical monitoring. Such monitoring includes effluent sampling, chemical analysis, observation of physical conditions, laboratory testing, trash monitoring, and Municipal Separate Storm Sewer System (MS4) Outfall Monitoring at major outfalls during the dry weather season (May 1 sl through September 30th of each year). The results are then used 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 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 five (5) proposals and has determined that the firm of D-~'{ Engineering, Inc. (D-MAx) is the most qualified of the five firms responding to our Request for Proposal (RFP). In addition, D-MAx submitted the lowest price of the three top-ranked consultants. 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. Woodward Clyde Consultants, Kinnetic Laboratories, and D-MAX have performed these services for the City during the dry seasons of 1994-96, 1997-99, and 2000-2008 respectively. The 2006-2009 three-year agreement with D- MAX will expire on June 30,2009. In accordance with City Purchasing Guidelines, an RFP was published and the following five firms formally responded: I. Brash Industries 2. D-MAX Engineering, Inc. 3. MACTEC Engineering and Consulting, Inc. 4. PBS&J 5. TRC Following City procurement procedures, a 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. MACTEC Engineering and Consulting, Inc. 3. PBS&J 5-2 5/26/09, Item2 Page 3 of 5 On April 22, 2009, 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 (Not-to-Exceed Amount) for Field Screening, Analytical Monitoring, Trash Assessment, MS4 Outfall Monitoring, and repon preparation (Basic Monitoring) only. In addition to the above works the Scope of Work includes upstream and as- needed investigations 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. After careful consideration of consultant qualifications and experience, the Selection Committee determined that D-MAX and PBS&J were qualified to perform the work, although D-MAX had significantly more experience in municipal dry weather monitoring. In addition, D-MAX is very familiar with the City's MS4 as well as the various land uses, making them the strongest and most eligible candidate to implement the City's dry weather monitoring program. PBS&J proposed a slightly higher cost than D-MAX for the Not-to-Exceed amount. MACTEC Engineering had considerable experience in the development of storm water management programs and monitoring of construction sites and industrial facilities, but less direct experience with the type of municipal monitoring work required in the RFP. At the conclusion of the interview, the committee ranked the consultant firms as follows: Not-to-Exceed Amount* Basic Monitoring and Report Ranking Firm (Deliverables 1 & 2) 1 D-MAX En.gineering, Inc. $28,066.65 2 I PBS&J $29,720.00 3 I MACTEC Engineering and Consulting, Inc. $62,889.00 - *Not-to-Exceed Amount Costs mc1ude one round of held screening, trash monitoring, laboratory testing, MS4 outfall monitoring, data analysis, and reporting, and excludes upstream and as-needed 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 field screening and analytical monitoring in Chula Vista and other local jurisdictions; and 5) lower cost. 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 four major components as follows: 1. Deliverable 1 - Basic Monitoring 2. Deliverable 2 - Report 3. Deliverable 3 - Source Identiiication Upstream Investigations 4. Deliverable 4 - As-needed Monitoring 5-3 5/26/09, Item S Page 4 of5 During the RFP and interview processes, the consultants were informed of the components ofthe Scope of Work, and consultants selected for the interviews were requested to submit their proposal for the Not-to-Exceed Limitation amount (Paragraph 11.C.(l)) of the Standard Form Two Party Agreement) for Items I and 2 above (Basic Monitoring and Report). For the three top ranking consultants, these amounts are shown in the above table. Time required for Source Identification Upstream Investigations and As-Needed Monitoring services (Item 3 and 4) is dependent upon unforeseeable factors, including the number of pollutant observations and difficulty of source identification. For this reason, an additional $40,000, which is based on previous years' experience, 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 staffs direction on a time and material basis and at rates included in the Agreement. By approving this resolution, the City will enter into an agreement 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 $68,066.65 in Fiscal Year 2009-2010. 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 will 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 overall 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 2010-2011 and 2011-2012 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 l8704.2(a)(1) is not applicable to this decision. CURRENT FISCAL IMP ACT There are no fiscal impacts during the current year, since the agreement effective date is July I, 2009. ONGOING FISCAL IMPACT Fiscal impact for Fiscal Year 2009/2010 will not exceed $68,066.65. This number will increase by 4% per year for the following two years. It is expected that the Regional Water Quality Control Board will re-issue the NPDES Municipal Permit in January of2012. Fiscal impacts for subsequent years will depend on dry weather monitoring requirements of the re-issued permit, which are not known at this time. 5-4 5/26/09, Item ":::> Page 5 of 5 Funds to cover dry weather monitoring services costs are programmed as part of the City's Fiscal Year NPDES program budget. A TT ACHlYIENTS Agreement with D-Max Engineering, Inc. Prepared by: Khosro Aminpour. Senior Civil Engineer, Department of Public Works K:\PUBLIC WORKS\AGE:-JDA\CAS2009\05-26-09\Dry weather monitoring.doc 5-5 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MA.,'( ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER FIELD SCREENING AND ANALYTICAL MONITORING SEVICES GRAj\fTING 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 requested proposals from qualified engmeenng and environmental consul ting firms; and WHEREAS, the selection committee appointed by the City Manager reviewed submitted proposals and determined that the following three firms had previous field screening and analytical monitoring experience: . D-MAX Engineering, Inc. . MACTEC Engineering and Consulting, Inc. . PBS&J WHEREAS, on April 22, 2009, 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 For Basic Monitoring and Report I D-MAX Engineering, Inc. 2 PBS&J 3 J\lLACTEC Engineering and Consulting, Inc. $28,066.65 $29,720.00 $62,889.00 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 field screening and analytical monitoring in Chu/a Vista and other jurisdictions; and 5) lowest costs. 5-6 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 and Illegal Discharge Detection Services, a copy of which shall be kept on file in the office of the City Clerk; and BE IT FURTHER RESOL VED 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 Richard A. Hopkins Director of Public Works ~ G F/ 7:>fP"'7''t Bart Miesfeld . City Attomey 5-7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORtVI BY THE CITY ATTORi'JEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ./' >.------/~ /~ L--[:r- [)i~ Bart C. Miesfeld City Attorney 'j-14-01 Dated: Agreement between the City of Chula Vista and and D-Max Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Field Screening and Analytical Monitoring Services and Illegal Discharge Detection Services 5-8 Parties and Recital Page(s) Agreement between City ofChula Vista and D-MAX Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Field Screening and Analytical Monitoring Services and Illegal Discharge Detection Services This agreement ("Agreement"), dated June I, 2009 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("Ciry"), whose place of business 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 on Exhibit A, Paragraph 5, and whose place of business, telephone, and fa^( numbers are set forth on Exhibit A, Paragraph 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 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 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 had 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 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; Dry Weather Monitoring Agreement: D-?v!AX Engineering, Inc. June 1,2009 Page 5-9 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 ofthe 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 of Work and Schedule shall be herein referred to as the "Defined Services." Failure to complete the Defmed Services by the times indicated does not, except at the option of 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 Defined Services to be performed by 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 \'lith 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 Defmed 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 11, Section 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 marmer consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. June 1,2009 Page 2 5-10 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: Stamtory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial 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 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, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (l) 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, ilIld 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. (l) 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 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-NL-'.X Engineering, Inc. June 1,2009 Page 3 5-11 sureties which are authorized to transact such business in the S tate of Califomia, listed as approved by the United States Department of Treasury Circular 570, http://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 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 Exhibit A, Paragraph 19. . (2) Letter of Credit. In the event that Exhibit A, 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 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 Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, Paragraph 19, indicates the need for Consultant to provide security other than a Performance 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 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 City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of City A. Consultation and Cooperation City shall regularly 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 of this 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-iV[A.,'( Engineering, Inc. June 1,2009 Page 4 5-12 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 ofa 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, 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 Exhibit A, Paragraph 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, Paragraph 18, Section 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 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. June 1,2009 Page 5 5-13 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 oftime, 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 Exhibit A, Paragraph 15 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 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. June 1,2009 Page 6 5-14 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 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 ",ith 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 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 ",illful 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 ",ithout limitations, attorneys 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. June 1,2009 Page 7 5-15 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 Paragraph 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 may be 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, Paragraphs 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 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 unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared 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-I\IlA.'X Engineering, Inc. June 1,2009 Page 8 5-16 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 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 are 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), v.ithout prior written consent of City. . City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 17 to the sub-consultants identified thereat as "Permitted Sub-consultants." 12. Ov.nership, 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 subject to private use, copyrights or patent rights by Consultant in the United States or in any other country mthout 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. Dry Weather Monitoring Agreement: D-NlA.X Engineering, Inc. June 1,2009 Page 9 5-17 13. Independent Contractor City is interested only in the results obtained and Consultimt 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 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 City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration 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 are 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 ','Iith 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 Unless specifical1y authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. Dry Weather Monitoring Agreement: D-NlA.x Engineering, Inc. June 1, 2009 Page 10 5-18 B. Consultant is Real Estate Broker andJor Salesman If the box on Exhibit A, Paragraph 16 is marked, Consultant andJor 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 LawNenue 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 Cali fomi a, 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-M"u,( Engineering, Inc. June 1, 2009 Page 11 5-19 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 D-MAx Engineering, Inc. By: By: ., . {l/)J/fil_. I/~~ ArsaIan Dadkhah, Principal Cheryl Cox, Mayor Dated: ATTEST: Donna Norris, City Clerk Approved as to form by: Bart Miesfeld, City Attorney Dated: Exhibit List to Agreement (X) Exhibit A. Dry Weather Monitoring Agreement: D-tvi"J< Engineering, Inc. June 1,2009 Page 12 5-20 Exhibit A to Agreement behveen City of Chula Vista and D-MAx Engineering, Inc. 1. Effective Date of Agreement: July 1, 2009 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City ofChula 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 6. Place of Business, Telephone and Fax Number of Consultant: D-MAx Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 Phone: (858)586-6600 Fax: (858)586-6644 Dry Weather Monitoring Agreement: D-NfAX Engineering, Inc. June 1,2009 Page 13 5-21 , I I I I I ! 7. General Duties: Consultant shall perform dry weather field screening, trash monitoring, MS4 (Municipal Separate 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, as well 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 Board NPDES Permit, Order No. R9-2007-000 I, 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 parameters listed below and on Form I "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 colorimetric 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 alternative outfall. At sampling locations where flow is observed, at least one grab sample must be collected. Field screening constituents are as follows: Dry Weather Monitoring Agreement: D-1vfAX Engineering, Inc. June l, 2009 Page 14 5-22 . Ammonia Nitrogen (NH]-N) . Glycol . pH . Nitrate Nitrogen (NO]-N) . Reactive Phosphorous (Orthophosphate-P) . Specific conductance (calculate estimated Total Dissolved Solids) . S urfactants (i'vIBAS) . Temperature . Turbidity (3) Analytical Monitoring - Obtain samples and perform laboratory analysis and. testing at IS flowing or ponded outfalls as shown on the Dry Weather Monitoring Map (attached). 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 screenin.g results, after obtaining approval of City, Consultant shall obtain sample and perform laboratory testing as necessary. Sampling and laboratory analysis at the IS 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' , CoWert and Enteroleit may be used as alternative methods with Fecal Coliform determined by calculations. (4) Trash Moni toring - Perform trash monitoring at each outfall location selected from the primary and alternate dry weather field screening and analytical monitoring stations listed in Tables 5 and 6. Trash monitoring assessment and reporting shall be conducted in accordance with "Final Monitoring Workplan for the Assessment of Trash in San Diego County Watersheds" prepared by Brown and Caldwell and Weston Solutions for the County of San Diego, August 30,2007. The consultant shall assess the presence of trash at the MS4, receiving water, or both at each station. during field screening monitoring. Assessment of trash shall include information on the spatial extent and amount of trash, as well as the nature of the types of trash present. For each station, the consultant shall complete a "Trash Assessment Form" Dry Weather Monitoring Agreement: D-i'viAX Engineering, Inc. June 1,2009 Page 15 5-23 as shown in Form 2, which may be updated by the San Diego Region Copermittees each year. The Trash Assessment Category Examples Presentation dated April 2008 by D-M.-\.x 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 Submarginal or Poor rating shall be reported immediately to City 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. Targeted dry weather sampling will occur once each year 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 targeted 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 40C for transfer to a Califomia 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, target reporting limits, units, and the holding time. Consultant will present the results in a form acceptable to the City no later than August 1 of the same year that the samples were taken. Copies of the laboratory results and chains of custody shall be provided to City. Results shall be compared to water quality benchmarks to interpret the results, but no action shall be taken in terms of follow-up investigations, unless asked to do so by City. (6) Provide a description of the field chemical analysis methods used, including Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. June 1, 2009 Page 16 5-24 the name(s) of the manufacturer(s) of the test methods along ",ith the range 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 \vithin 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 offield samples shall be performed by test methods and with detection limits shown in Table 8. (10) Perform quality assurance analysis 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 analysis shall be conducted at the beginning of each week in which Field Screening is scheduled. (II) 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 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 Dry Weather Monitoring Agreement: D-MA.X Engineering, Inc. Page 17 June 1,2009 5-25 records . 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 discharge detection services performed under the contract for a minimum offi ve 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, as required in the NPDES Municipal Permit, 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 andJor the environment within 24 hours of the time Consultant becomes aware of said discharge. 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 oflaboratory 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 August I. 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 [mal report within seven working days of approval of the draft by City. Dry Weather Monitoring Agreement: D-1vlAx Engineering, Inc. June 1, 2009 Page 18 5-26 Deliverable No.3: Source Identification Upstream Investigations - Provide City \vith written reports ofField 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 be provided by Consultant on a time-and-materials basis from July 1, 2009 through June 30,2010. Upon a determination by City staff that Consultant has satisfactorily performed the required services during Fiscal Year 2009-20 1 0 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 2011-2012, 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 CGOOO 1) (2) Insurance Services Office Form Number CAOOO 1 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 Agreement: D-J'vlAX Engineering, Inc. June 1,2009 Page 19 5-27 B. Minimum Limits of Insurance Consultant must maintain limits no less than: 1. 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: 51,000,000 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. 51,000,000 per accident for bodily injury and property damage. Statutory 51,000,000 each accident 51,000,000 disease-policy limit SI,OOO,OOO disease-each employee 51,000,000 each occurrence 51,000,000 policy aggregate C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared 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 fmancial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration, and defense expenses. D. Other L'1surance 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 \Vith 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 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 Dry Weather Monitoring Agreement: D-tvlAX Engineering, Inc. Page 20 June 1,2009 5-28 equivalent. Specifically, the endorsement must not exclude Products/Completed 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 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 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 ",ill provide a Waiver of Subrogation in favor of City for each required policy providing coverage during the life of this Agreement. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "RetroDate" must be shown, and must be before the date of the Agreement or the beginning of the Agreement work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement 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 Agreement effective date, the Consultant must purchase "extended reporting" coverage for a minimum oftlve (5) years after completion of Agreement work. (4) A copy of the claims reporting requirements must be submitted to City for review. E. 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. rfinsurance 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. Dry Weather Monitoring Agreement: D-1vL.\x Engineering, Inc. June 1,2009 Page 21 5-29 F. Verification of Coverage 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 Agreement 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. () 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 Dry Weather Monitoring Agreement: D-IvLA,.'( Engineering, Inc. June 1,2009 Page 22 5-30 () 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 ifthe 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 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 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 Deftned Services by Consultant as are separately identified below, City shall pay the ftxed 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. 2. 3. Fee for Said Phase $ $ $ ( ) 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 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 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-J'vi...x Engineering, Inc. June 1, 2009 Page 23 5-31 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 F or 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: (I)(X) Not-to-ExceedLimitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of$28,066.65 for completion of Deliverables I 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 II (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 Defmed Services herein required for Deliverables 3 and 4, which are 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 are exhausted, Consultant and City shall renegotiate the funding for Deliverables 3 and 4 before Consultant proceeds with further work. Subject to stipulations of Exhibit A, Paragraph 8, Part D, unit rates for Fiscal Years 2010-11 and 2011-12 will increase by 4o/~ armually. Accordingly, the Not-to- Exceed Limitation on Time and Materials for Task I (Basic Monitoring and Report- Deliverables I and 2) will be increased to $29,189.32 and $30,356.89 for the second and third years, respectively, if the City exercises its option to extend the agreement in each of these years. Also, the budget for Tasks 2 and 3 (Deliverables 3 and 4) will be estimated annually. TABLE 1- Compensation Task Budaet for Each Task 1. Basic Monitoring and Report (Deliverables I and 2) Not-to-Exceed $28,066.65 2. Upstream Investigation and Testing During Dry Estimated $30,000.00 Weather Monitoring (Deliverable 3) 3. Upstream Investigation and Testing on an On- Estimated $10,000.00 Calli As-Needed Basis throughout the Term of the Agreement (Deliverable 4) Maximum Total Compensation - Tasks 1,2, and 3 $68,066.65 Note: Funds remaining from a completed task may be utilized for another task if necessary Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. June 1,2009 Page 24 5-32 (2)( ) Limitation without Further Authorization on Time and Nfaterials Arrangement At such time as Consultant shall have incurred time and materials equal to (" Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employees of Consultant. Hourly Rate ($) 2-Person Field Crew 158 3-Person Field Crew (For Confmed Space Entry Only) 200 Clerk 50 Word Processor 56 Field Technician 65 Drafter/CAD Operator 75 Staff ScientistlEngineer 85 Assistant Project Scientist! En~ineer 95 Proiect En~ineer/Scientist 120 Proiect Manager/ Principal.' 140 Rate Schedule TABLE 2 - Personnel * Categories of employees anticipated to perform work on this project *. Appearance as expert witness at court trials, mediation, arbitration hearings, and depositions will be charged at S2001hour. Time spent for such appearances will be charged at the above standard hourly rates. NOTE: Subject to stipulations of Paragraph 8 Part D of Exhibit A to the Agreement, above rates will increase by 4% per year for the second and third years. () Hourly rates may increase by X% for services rendered after [month], [year], 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: () 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 $ () Delivery, not to exceed $ Dry Weather Monitoring Agreement: D-IvL,,-,< Engineering, Inc. June 1,2009 Page 25 5-33 () Long Distance Telephone $ Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: TABLE 3 -Field ScreeninG Item Unit Cost 5 * Vehicle, Per Da includes mileaae) 80 Safe E ui ment, Per Da 80 S ecific Conductance, Per Test No Charae Tern erature, Per Test No Char e H, Per Test No Charae Turbidi , Per Test No Charae Surfactants MBAS), Per Test 5.60 Nitrate-N, Per Test 5.60 Ammonia-N, Per Test 4.50 Reactive Phos horus Ortho-P), Per Test 4.50 Glycol, Per Test 4.50 * 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 4% per year for the second and third years. LE L 1 TAB 4- aboratorv AnalysIS Test Unit Cost (5)* Total Dissolved Solids, Per Test ** 17 I Total Hardness, Per Test I 17 Oil and Grease, Per Test 57 Diazinon and Chlornyrifos, Per Test I 175 Cadmium (dissolved), Per Test 12.50 CODDer (dissolved), Per Test 12.50 Lead (dissolved), Per Test 12.50 Zinc (dissolved), Per Test. 12.50 Enterococcus Bacteria, Per Test 81 Total Coliform Bacteria, Per Test*** 44 Fecal Coliform Bacteria, Per Test*** 44 IDEXX Enterolert Per Test 50 IDEXX Colilert Per Test 69 :to Laboratory tests shall be performed accord~g to analytical methods, detection limits, and holding times set out in Table 8. *:to MS4 Outfall Monitoring Only *** These prices apply when a sample is tested for both total and fecal coliform bacteria. However, because if only one of the two tests is requested for a sample, laboratory labor savings from combining preparation taSks cannot be achieved, u1e cost of a test for either total coliform alone or fecal coliform alone is S55. NOTE: Subject to stipulations of Paragraph 8 Part D of Exhibit A to the Agreement above rates will increase by 4% per year for the second and third years. Dry Weather Monitoring Agreement: D-1'vlAX Engineering, Inc. June 1,2009 5-34 Page 26 13. Contract Administrators: City: Khosro Aminpour, Senior Civil Engineer Department of Public Works 1800 Maxwell Road Chula Vista, CA 91911 Telephone: (619) 397-6111 Fax: (619) 397-6259 Email: kaminpour([V.ci.chula-vista.ca.us Consultant: Arsalan Dadkhah, Principal 7220 Trade Street, Suite 119 San Diego, CA 92121 Telephone: (858) 586-6600 Fa.x: (858) 586-6644 Email: arsalan@.dmaxinc.com 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 ( ) Category No. I. 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. Dry Weather Monitoring Agreement: D-lvlAX Engineering, inc. June 1,2009 Page 27 5-35 ( )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 ( ) Quarter! y ( ) 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 ( ) 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 Dry Weather Monitoring Agreement: D-lvlAX Engineering, Inc. Page 28 June 1,2009 5-36 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: :5 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-,'v[AX Engineering, Inc. June 1,2009 Page 29 5-37 Site ill. Location Conveyance Primary Land Secondary Hydrologic Unit Latitnde Longitude Use Land Use BAY-OI West side ofOay Blvd. across from 1075 Complex Outlet Commercial Conunercial 910 N32.60~20 0 WI 17.09325 0 BA Y-02 W. of intersection of Palomar St. and Bay Blvd. Eartllcn Channel Commercial Industrial 910 N32.60479 0 W 117.09248 0 DAY-03 W. of intersection of Ada St. and Bay Blvd. Eal1hen Channel Industrial Residential 910 N32.60267 0 Wl17.09251O OLC-OI Chula Vista Municipal Golf Course west ofDonitul Concrete Channel Residential Residential 909 N32.66562 0 WI 17.02414 0 Acacia intersection DLC-02 Long Canyon Channel S. of Uonita Rd. and W. of Earthen Channel Residential Open 909 N32.65556O W 117.008590 ollthcrn end of Acacia A venue CEN-OI S. of H Street and E. ofl-5 and Trolley trucks Concrete Channel Commercial Residential 909 N32.62922 0 W 117.095070 CEN-03 '. o["J" St., behind 126 and n~ Colorado Ave. Concrete Channel Residential Residential 909 N32.62153 0 W1l7.092 12 0 CEN-04 Memorial Park wesl 0[3n1 Ave. and north afPark Outlet Conunercial Residential 909 N32.63869 0 WI 17.07956 0 ~ Wav ~ CEN-07 West of Sill Avenue, between Center Street and Park Concrete Channel Residential Commercial 909 N32.63713 0 W 117.08782 0 Wav CEN-08 100 n. W. of Marina Pkwy, N. o["G" Sl. Catch Basin Industrial Residential 909 N32.63144 0 WI 17.10330 " CEN-IO ~W oftbe intersection of Hilltop Dr. and Whitney Sl. Catch Basin Residential Commercial 909 N32.63643 0 W 117.06439 " IUD-OI S. of Intersection of Fresno A venue and Main Street Concrete Channel Conunercial Residential 910 N32.59465 0 WI 17.06675 " JUD-02 SW. of intersection of Reed Ct. and Main St. Outlet Industrial Commercial 910 N32.59450 0 W 117.055990 JUD-03 SW o[ Main! Mace intersection Manbole Industrial Commercial 910 N32.59466 0 WI 17.05380 0 LAK-OI 1N0rth East of the intersection of Proctor Valley Road Outlet Residential Open 910 N32.66023 0 WI 16.94138 0 and Agua Vista Drive in the canyon OLR-Ol South ofChula Vista Municipal Golf Course, north of Outlet COlllmcrcial Residential 909 N32.66144 0 W1l7.03146O btav Lakcs Road/Bonita intcrsection OLR-02 S. ofChula Vista Municipal Golf Course N. ofOtay Natural Creck Commercial Residential 909 N32.66145 0 W117.03152O Lakes Rd.! Bonita intersection OVR-04 S. of Main Street, 50 t\ E. o[Nirvana Avenue Outlet Industrial Conunercial 910 N32.59273 0 WI 17.01730 0 OVR-07 E. of Property at 1879 Nirvana Ave Outlet Industrial COlTunercial 910 N32.59479O W117.01437O TABLE 5 -l'rimary Dry Weather Monitoring Outfalls Dry Weather Monitoring Agreement D-MAX Engineering, Inc. June 1,2009 Page 30 Site 10. Location Conveyance J)rimary Laud Secondary Hydrologic Unit Latitude Longitude Use Land Use OYR-09 S. of properly at 850 Energy Way in city easement at Outlet Industrial Conunercial 910 N32.59452 0 W117.01199O base of30' sloDe OYR-IO S. end of Brandywine Avenue, S. of Auto Park Dr., at Outlct Commercial COllllnercial 910 N32.59285 0 WI 17.02994 0 base of slone. OYR-14 NW of Main Sl. and Maxwell Rd. Manhole Industrial COlnmercial 910 N32.59406 0 W1l7.01933O POG-OI S. of Main St., 100 Ii. W. of Melrose Ave Eat1hen Channel Residential COllunercial 910 N32.59455 0 WI17.04153O POG-02 Intersection of Eastlake Pkwy and Trinidad Cove, Manhole Residential Open 910 N32.63610 0 WI 16.967480 near entrance to housing tract" Antigua" POG-OJ ::llympic Pkwy, acroos from Heritage Rd. Natural Creek Open Residential 910 N32.61643 0 WI 17.00220 0 P R D-02 W. of Aries Ct. and 200ft. S. of Rienstra St. in Outlet Residential Commercial 910 N32.60622 0 WI 17.04353 0 SDG&E casement RCC-Ol SE of Bonita Rd. and 1-805. 500 ft. S. of Bonita Rd. Outlet Open Residential 909 N32.64677 0 WI 17.05845 0 ~ RCC-02 NW corner of E. H Street and Del Rey Blvd. Outlet Commercial Open 909 N32.63881 0 W117.03551O <.< RCC-03 Downstream of Discovery Park W. Rancho Del Rey Outlet Residential Open 909 N32.64418 0 W117.01191o Parkway in Rice Canyon ope II sRace hiking trail RCC-04 East H St. alld Otay Lakes Rd. interscclion W. side of Outlet Commercial Residential 909 N32.64436O WI 17.002530 'hoppinQ. center, in canyon SCR-OI North ofOtay Lakes Road and 300' west of private Outlet Residential Open 910 N32.64567 0 W116.94713O )tay Ranch Road, east of Hunte Parkwav SCR-02 Salt Creek, as it passes under Otay Lakes Rd., E. of Natural Creek Open Residential 910 N32.64548 0 WI 16.94671 0 Hunte Pkwy (N. side of street) SCR-03 Olympic Pkwy, about 200 ll. E. of Hunte Pkwy, on the Natural Creek Open Residential 910 N32.63333 0 WI 16.94444 0 Salt Creek. SCR-04 Bottom nf Slope Eastlake Pkwy/Huntc Pkwy Outlet Residential Open 910 N32.61261o WI 16.95940 0 SCl<-05 Bottom of Slope Exploration Falls Dr.lHunte Plwy Outlet Open Residential 910 N32.61857O W 116.950930 SUN-02 N. of East H Street and 50' West ofSR-125, at base of Oullet Rcsidcmial Open 909 N32.65924 0 WI 16.97750 0 slope, East of SUN-05 - SUN-03 t.::hula Vista Municipal Golf Course, SW of Bonita and Natural Creek Residential Residential 909 N32.66685 0 WI 17.02338 a Central Ave. TABLE 5 -l'rimary Dry Weather Monitoring Outfalls DIY Weather Monitoring Agreement: D-MAx Engineering, Inc. June I, 2009 Page 3 I Site ill. Location Conveyance Primary Land Secondary Hydrologic Unit Latitnde Longitude Use Land Vse SVN-05 N. of East H Street and 50' West ofSR-125, at base of Onllet Open Residential 909 N32.65917 o. WI 16.97767 0 slone SVN-06 S.W. ofinlersection of Proctor Valley Road and San Oullet Residential Open 909 N32.67141" WI 16.99702 0 Miguel Ranch Road SVN-07 E. of Jonel Way, inld to detention basin at base of Outlet Residential Open 909 N32.67688 0 WI 16.98830 " 'Iope, W. ofSRI25 SVS-Ol Rear of Ramada Inn at interseclion of !Jonita Rd and Outlet Cornmcn:ial Residential 909 N32.64912 0 W 117.064740 Bonita Glen N. of Bonita Rd. S V S-02 E. of # 65 Flower Street, behind unils 297& 320. Catch Basin Residential Residential 909 N32.650 10 0 WI 17.06696 0 West of 1-805 SWB-03 W. of2446 Main Street (Tik Force) Manhole Industrial Conunercial 910 N32.59512O W117.08089O SWR-04 NW of 5th Ave. and "C" Street, south ofWal-Mart Outlet Commercial Parks 909 N32.650 I 00 WI 17.09266 0 ",rkino lot ( TCC-O 1-0 1 S. W. of Bay Blvd./L St. intersection ius ide Duke Outlet Commercial Residential 909 N32.61457O W 117.09232 0 J Energy Plant, easternmost outlet C TCC-O 1-02 S. W. of Bay D1vd./L St. intersection inside Duke Outlet Commercial Residential 909 N32.61457O Wl17.09232 0 Energy Plant, to the ril,ht ofTCC-OI-OI TCC-O 1-03 S.W. of Bay Blvd./L St. intersection inside Duke Outlet Conunercial Residential 909 N32.61457O WI 17.09232 0 Energy Plant, to the rioht ofTCC-01-02 TCC-OI-04 S. W. of nay D1vd./L Sl. intersection inside Duke Oullet Commercial Residential 909 N32.61457 0 WI 17.09232 0 Energy Plant, westemmost outlet TCC-02 W. of Hilltop Dr. iu Hilltop Park Concrete ClllllUlCl Residential Commercial 909 N32.62821 0 W117.06138O TCC-03 500' W. of Eastlake Pkwy., 100' N. of Otay Lakes Outlet Commercial Residential 909 N32.64726O WI16.96885 0 Road, across from e.:iS station TCC-04 W. oDrd Ave. and S. of I. Street, under gas station Natural Creek Commercial Residential 909 N32.62016O WI17.07230 0 TCC-05 relegraph Canyon Road and Heritage/ Paseo R,ichero Natural Creek Open Residcntial 909 N32.62605 0 WI 17.00806 0 intcrsection TCC-06 relegraph Canyon Rd. and Pasco Del Rey, NW of Concrete Channel Open Residential 909 N32.62774 0 WI 17.03429 0 intersection TCS Moss St.rrrolley RR intersection, inside propcl1y Catch I3usin Commercial Residential 909 N32.61283 0 WI 17.08840 0 located at 694 Moss Street WIL-OI ~hula Vista Municipal Golf Course S. of Sweetwater Natural Creek Residential Open 909 N32.66082O WI 17.04306 0 Rd. 100ft. E of Willow St. TAULE 5 - Primary Dry Weather Monitoring OutfaUs Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. June 1,2009 Page 32 Site ID. Location Conveyance Primary Land Secondary Hydrologic Unit Latitude Longitude Use Land Use WOL-02 W. of La Media Road, across from detention basin in Outlet Residential Open 910 N32.61194O W 116.984430 K:anyon WOL-03 Bouam of slope south of Santa Luna Street Outlel Residential Residential 910 N32.60779 0 W 116.978000 TABLE 5 - Primary Dry Weather Monitoring Outfalls U1 I .f'> ~ Dry Weal her Monitoring Agreement D-MAX Engineering, Inc. Jnne 1,2009 Page3 3 - ternate Jry eat er omtormg ut a Is Site LD. Location Conveyance Land Use Configuration CEN-05 West of Second Avenue between "G" Street and I Open Channel Residential "H" Street MGC-02 West ofChula Vista Municipal Golf Course, at S.E. Earthen Commercial corner of Willow Street Bridge Channel Industrial Residential SWB-OI West of Frontage Road, 100' south of Ada Street, Open Channel Commercial west ofI-5 Freeway Industrial Residential SWR-03 S. W. of Fourth A venue and "c" Street at southern Concrete Commercial boundary of Eucalyptus Park Channel WOL-OI East end of Main Street, inside Hanson Aggregate Open Channel Open Space Plant, on Wolf Canyon Creek OVR-13 N. end of property at 855 Energy Way (access via Outlet Industrial Otay Landfill on Maxwell, take southern-most dirt Open road heading E. to end PRD-OI 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-Ol is Outlet Commercial also at this location Residential TABLE 6 AI D W h M o fI Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. June 1,2009 Page 34 5-42 ~ - ilC CreenInl! et 10 S l'anllneter Method Detection Limit Ranl!:e SDecilic Conductance Conductivity Meter 10 wnhos 1-20,000 umhos Temperature Standard Laboratory Thermometer O.loC O.1"C - 100.ooC DB nl-! Meter 0.1 0.1-14.0 Turbidity Turbidity Metcr 0.01 NTU 0.0 I - 50.00 NTLJ and 50 - 1000 NTLJ S urJilctants Methylene Bluc Active Substances 0.13 mg/L 0.13 mg/L - 3.0 mg/L * Nitrale-N Cadmium Reduction' 10.0 nU!/L as NO} 10.0 ml!/L - 50.0 mg/L as N01* Ammonia-N Salicvclate 0.10 ml!/L 0.10 mg/L - 3.00 1l1l!/L * Orthophosphate-I' Stmmous Chloride Chemistri 0.30 mg/L as 1'04 0.30 mv/L - 8.00 1l1l!/L as 1'04 * Glvcol Periodic acid/pumald 0.60 mg/L 0.60 mg/L - 10.0 Il1g/L * TABLF 7 F' Id S Mid U1 I This method ddennines the conccn~ration arnitrate in mglL NO). To determine the amount arnitrate nitrogen, the concentration ofnitrogcll must be adjusted for the presence I .,f::lo of oxygen in the NO) molecule. Therefore, the result is multiplied by a conversion factor of 0.226, the ratio of the molecular weight ofN (14 g/llIol) to NO) (62 gllllal). Tlie (.a,) detection limit for nitrate is 10.0 mg/L, however, the detection limit for nitrate nitrogen is lowered due to the conversion. 2 This method determines the concentration of orthophosphate in mg/L 1>04. To detennine the alllount of reactive phosphorus (P04-P), the result is multiplied by a convt,;rsion factor of 0.326, the ratio of the molecular weight of P (31 gllllal) to P04 (95 g/mol), "The detection limit for orthophosphate is 0.30 mg/L, however, the detection limit for reactive phosphorus is lowered due to the conversion. * Extended ranges in chemical analyscs are achieved through dilutions. Dry Weather Monitoring Agreement: D-MiLX Engineering, Inc. June 1,2009 Page J 5 TABLE 8 - Laboratory Analytical Methods Analyte I Analytical Method I Method Detection Limit I Maximum Holdinl! Time! Oil and Grease EPA 1664 5 mg!L 28 days Total Hardness EPA 200.7 10 mg/L 14 days Cadmium EPA 6010, 6020, 200.8 511g/L 24 hours Copper EPA 6010,6020,200.8 511g/L 24 hours Lead EPA 6010, 6020, 200.8 5 Ilg/L 24 hours Zinc EPA 6010, 6020, 200.8 20 I.lg/L 24 hours Diazinon EPA 8141A 0.05 ug/L 7 days Chlorpyrifos EPA 8141A 0.05 llg/L 7 days Total Coliform 8M 9221 20 - 1,600,000 J.\IfPN/1 00 mL 6 ho urs Fecal Coliform 8M 9221 20 -160,000 MPNIlOO mL 6 hours Enterococcus 8M 9230 20 -160,000 MPNIlOO mL 6 hours , In accordance wIth QAlQC procedures. Dry Weather Monitoring Agreement: D-1vlAx Engineering, Inc. June 1,2009 Page 36 5-44 CJ1 I .j>. CJ1 TABLE 9 - Action Levels for J<'ield Sueeninl! Field Screeninl.' Analytes Action Levels! Source/Notes pH <6.5 or >9.0 Basin Plan, w/allowance for elevated pH due to excessive photosynthesis. Elevated pH is especially problematic in combination with high ammonia. Orthophosphate-I' (mg/L) 2.0 USEPA Multi-sector General Permit Nitrate-N (mg/L) 10.0 Basin Plan aIllI drinking water standards Ammonia-N (mg/L) 1.0 Based on Workgroup experience. May also consider unionized ammonia Iraction. Surlactants (MBAS) (mg/L) 1.0 Basin Plan with allowance based on Workgroup field experience and I possible field reagent interferences Glycol (mg/L) 1.0 Not naturallv Dresent; main source is coolant svstem. WQOs relevant to inland surElce waters are not available. Base judgment Turbidity (NTU) !:.lest Professional on channel type and bottom, time since last rain, backgnlund Icvels, and Judgment most importantly visual observation (e.g. unusual colors and lack of clarity), and unusual odors. Temperature (OF or oc) Best Professional Base judgment on scason, air tcmperature, charmeltype, shading, etc. Judgment Values> 5,000 f!mhos/cm may indicate 1C/1D however; EC may be highly eievated in some regions due to high TDS groundwater extiltration to Specific Conductance Best Professional surface water, mineral dissolution, drought, and seawater intrusion. Normal source ID and discharge elimination work is not effective in these (flmhos/cm) Judgment situations. Knowledge of area background conditions is important. Values < 750 fllllhos/em may indicate excessive potable water discharge or llushing. 1 The r~ference action levels should not be the sole criteria for initiating a source identification investigation. Dry weather monitoring data should be interpreted using a variety ofavailablt: information including best pro fess iOllal judgment and within-site and between-site sample variability. Dry Weather Moniloring Agreement: D-MAX Engineering, Inc. JlIne 1,2009 Page J 7 U1 I .j>. m TABLE 10 - Action Levels for a oratory omtorml' Laboratorv Aualytes Action Lcvelsl Source/Notes USEPA Multi-sector GeneralPermil. If petroleum sheen is Oil and Grease (mg/L) 15 observed, the sample should be collected Irom the water surface. Visual observations may justify immediate investigation. Diazinon ().IglL) 0.5 Response to diazinon and chlorpyrifos levels above 0.5 ~lglL should focus on education and outreach to potential Chlorpyrifos (flg/L) 0.5 dischargers in the target drainage basin. Source identilication investigations should also be undertaken. Dissolved Cadmium ().IglL) California Toxics Rule Use California Toxics Rule Table, I-hour criteria to Dissolved Copper ().lg/L) California Toxics determine appropriate action level for individual samples. Rule Table provides benchmarks based on hardness and Dissolved Lead ().lg/L) California Toxics dissolved metals concentrations. For example, at 300 mg/L Rule hardness the following action levels would apply: Cd-14 Dissolved Zinc ().lg/L) California Toxics ppb; Cu-38 ppb; Pb-209 ppb; and Zn-297 ppb. Rule Total Colifoml(MPNIlOO mL) 50,000 Bacteria levels in many storm drains are likely to exceed Fecal Coliform (MPN/IOO mL) 20,000 public health guidance criteria. Use conlidence interval test Enterococcus (MPNIl 00 mL) 10,000 and best professional judgment to identify conveyances for source ID. Lb M IThe reference action levels should not be the sole criteria for initiating a source identification investigation. Dry weather monituring data should be interpreted using a variety of available information including best professional judgment and within-site and between-site sample variubility. Please note that these Action Levels are currently under review and are subject to change during the life of this Agreement. Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. June 1,2009 Page 38 ,\BLE 11 MS4 0 tf II M . S' f D T dP T. -I U a 1 omtonna ltes or Iry argete ortion Site Name Latitude Lon!!i.tude HU Analytes TCC-OJ 32.64726 11 6.96885 909 Bacteria, Metals, TDS TCC-04 32.62016 I 117.07230 909 Bacteria, Metals, TDS CEN-Ol 37.62922 11 7.09507 909 Bacteria, Metals, TDS RCC-02 I 37.63830 117.06551 909 Bacteria, Metals, TDS SUN-06 32.67141 116.99702 909 Bacteria, Metals, TDS I SVS-Ol I 32.64912 11 7.06474 909 I Bacteria, Metals, TDS BAY-Ol 32.60820 117.09235 910 Bacteria and Metals IUD-Ol I 32.59465 117.06675 910 I Bacteria and Metals PRD-02 32.60622 11 7.04353 I 910 Bacteria and Metals SCR-Ol 32.64567 " 116.94713 1910 Bacteria and Metals TABLE 12 - Analvtes for MS4 Outfall Monitoring Volume Target Holding Analytes Method Reporting Units Required Limit Time Bacteria' I Total Coliform 200 mL SM 922lB - MPN/I00mL 6 hours . Fecal Coliform 200 mL SM 9221E - MPN/IOOmL 6 hours Enterococcus 200 mL SM 9230 - MPN/I00mL 6 hours TDS 100 mL SM 2540D 20 mWl 7 days Metals (dissolved) Cadmium 0.001 mgIL 6 months Copper 75 mL EPA 200.8 0.001 mgIL 6 months Lead 0.001 mgIL' 6 months linc 0.02 mgIL 6 months '"Membrane filtration techniques SM 9222B, SM 9222D, SM 9230C and other approved wastewater methods for bacteria are acceptable. Dry Weather Monitoring Agreement: D-Max Engineering, Inc. June 1,2009 5-47 Page39 FORM 1 San Diego Stormwater Copermittees Dry Weather Monitoring Field Data Sheet o Field Screening o Confirmation For o ICIIO Follow-Up For ~El'fERAL SITE DESCRIPTION J 1 1 (NAn 83 decimal degrees to 5th nlace) OMS4 o Receiving Water Site ill Latitude (e.g., 33.41174) ::E Hydrologic Unit (e.g., 7.00) " Location Longitude (e.g., -1l7.35213) ;; Hydrologic Area (e.g., 7.10) ., ~ :r " Hydrologic Subarea Date TB Page Q. (C)Ptional) (e.g., 7.11) Time Observer Discbarge Area I (Ootional) Land Use (primary) o Residential o Commercial o Industrial o Agricultural o Parks o Open (Check one only) Land Use (Secondary) o Residential o Coounercial o Industrial o Agricultural o Parks o Open o None (Optional, greater than 10%) Conveyance o Manhole o Catch Basin o Outlet o Concrete o Natural o Earthen o Curb!Gutter (Check one only) Channel Creek Channel ATMOSPHERIC CONDITIONS Weather 0 Sunny [] Partly Cloudy Tide [] N!A 0 Low Last RaIn [] > 72 hours [] < 72 hours Rainfall [] None [] < 0.1" RUNOFF CHARACTERISTICS Odor [] None 0 Musty Color 0 None 0 Yellow Clarity 0 Clear Floatables 0 None Deposits 0 None Vegetation 0 None Biology 0 None o Overcast o lncoming o Fog o High o Outgoing Tide Height: ft. 0>0.1" o Rotten Eggs [] Chemical o Sewage o Other o Brown o White o Gray o Other o Slightly Cloud~ o Opaque o Other o BubbleslFoam o Sheen o Fecal Matter o Other o Fine Particulates o Stains o Oily Deposits o Other o Normal I] Excessive [] Other [] Fish o Snails o Mussels! o lnsect/ o lnsect/ o Other Barnacles Algae Snail o Trash o Sediment/Gravel o Limited o lnsects 0 Algae Water Flow 0 Flowing 0 Ponded 0 Dry 0 Tidal Does the storm drain flow reach the Receiving Water? I] Yes Evidence of Overland Flow? 'Nes DNo [] Irrigation Runoff Photo Taken DYes 0 No Photo # ONo o Other: ON!A Field Screen in Water Tern (QC) ONo N03-N (mg/1.) COND (mSl=) Ortho-P04 (mg/1.) tvlBAS (mg/1.) ONo FLOW ESTIMATION WORKSHEETS Flowin Creek or Box Culvert Width ft De th ft Veloci ft/sec Flow pm Filling a Bottle or Known Volume Volume T mL Time to Fill I '00 Flow T gpm I Flowin Pi e IJianneter ft De th ft Veloci ftIsec Flow gpm COMMENTS: Dry Weather Monitoring Agreement: D-Max Engineering, Inc. June 1,2009 5-48 Page 40 San Diego Stormwater Coperrnittees Land Use Types for Dry Weather Monitoring (Adopted by the Dry Weather Monitoring Workgroup, April 20, 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 areas with lot sizes of approximately I 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, government/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 Orchards, vineyards, nurseries, greenhouses, flower fields, dairies, livestock, poultry, equine ranches, row crops and grains, pasture, fallow, etc. 4. Industrial Shipbuilding, airframe, aircraft manufacturing, industrial parks, 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; junkyard, dumps/landfills; auto wrecking/dismantling and recycling centers, etc. 5. Parks Recreation areas and centers, neighborhood parks, wildlife and nature preserves, golf courses, accessible sandy areas along the coast or major water bodies allowing swimming and picnicking, etc. 6. Open Vacant and undeveloped lands, etc. Dry Weather Monitoring Agreement: D-1vlA,'( Engineering, Inc. June 1,2009 5-49 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 (FT): Amount and Extent of Trash EVALUATION OF TRASH INCLUDES': 0 MS4 0 RECEIVING WATER 0 BOTH D Optimal On first glance, no trash visible. Little or no trash (<10 pieces) evident when evaluated area is closely examined for litter and debris. D Suboptimal On first glance, little or no trash visible. After close inspection small levels of trash (-10- 50 pieces) evident In evaluated area. Trash Is evident in low to medium levels (-51-100 pieces) on first glance. Evaluated area D Marginal 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 D 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 D 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 accessible and adjacent to dry weather Site, trash evaluation must Include receiving water. 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. D Threat Trash and debris has the potential to contain chemicals that may biaaccumulate, Human Health transmit dangerous bacteria (e.g. medical waste, diapers, human waste), or has the potential for physical harm (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 trash and debris present. Trash and debris such as small D Threat to tloatable material that is persistent and can be transported long distances may resemble Aquatic Health food and may be Ingested. Wire, plastic, fishing line, and other material that has the potential for entanglement. Oil and other visible chemicals or chemical containers falls in this category. Comments should be added for clarification. Dry Weather Monitoring Agreement: D-i'vlAx Engineering, Inc. June 1,2009 5-50 Page 42 Complete the following section for Submarginal, and Poor Evaluations ONLY POTENTIAL ROUTE POTENTIAL SOURCE - (CHECK UP TO 2) (CHECK UP TO 2) " " 0 () " ~ "Cl 0 ;;; o . E o " 0 ::: 'u - o " en" en en - " " ~ ;;; " - " ,,0- " " .. ~ 'E .<: " " ';:: " ~ 'E 'Q. " " ~ E - 0 ,- ,., ';:: ~ - en ';jj w "'... - .Q ~ en en 0 .Q ~ c.. ",., E " en .. " " e E " " .. " - .<: >- " - 0- cO; 0 0 0 "Cl .. cO; ~.Q " ~ ... c :J ;:) ;:)"Cl :J: () () .5 rJl ... ;:)"Cl Automotive Biohazard Waste Business Related Cigarette Butts Construction Fabric/Clothing Food Packaging Food Waste Household Shopping Carts Toxic Yard Waste . Only rank the types of trash PRESENT m evaluated area from 1 through 12 (1 is most prevalent - 12 is least prevalent). DO NOT rank types of trash that are not present in evaluated area. Comments: Dry Weather Monitoring Agreement: D-iYL"c.x Engineering, Inc, June 1,2009 5-51 Page 43 MAPl 5-52 Complete the following section for Submarginal, and Poor Evaluations ONLY POTENTIAL ROUTE POTENTIAL SOURCE - (CHECK UP TO 2) (CHECK UP TO 2) c ::l 0 U C ~ "tl 0 iii o . E o Gl '0 :;:; 'u iii - o Gl ClGl Cl Cl _ C " ~ c _ c c ... ~'E .c ::l Gl 'l: ,~ ~'E co. 'a. c Gl Gl ~ E - '0 ,- >- 'l: ~ - .. .. w ""l- E Gl - .c ~ .. .. E ::l 0 C .Q ~ c.. C >- - .. ... Gl ::l C .c ... ... Gl >- &1.c ::l - "- cO; 0 0 0 "tl " ~ cO; l- e :J ::l ::l"tl J: U u .5 rn I- ::l"tl Automotive Biohazard Waste Business Related Cigarette Butts Construction Fabric/Clothing Food Packaging Food Waste Household Shopping Carts Toxic Yard Waste '" Only rank the types of trash PRESENT In evaluated area from 1 through 12 (1 IS most prevalent - 12 IS least prevalent). DO NOT rank types of trash that are not present in evaluated area. 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