HomeMy WebLinkAboutD-MAX Engineering Inc; 2018-03-12; ENV1669AGREEMENT FOR MUNICIPAL FACILITIES STORM WATER
-COMPLIANCE INSPECTION PROGRAM SERVICES
DMAX
ENV1669
~ TH~~~REEMENT Is made .and entered ;nto as of the /() th-day of
_=i..LJ_ ......... .........,~=-";.ai:;.;;""""" ____ -_,, 2018, by and between the CITY OF CARtsBAD, a municipal
corporation, ("City'1, and D-MAX ENGINEERING, INC., a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in
municipal facilities stonn water compliance inspection program.
B. Contractor has the necessary experience in providing professional services and
advice related to municipal facilities stonn water compliance inspection program.
C. Contractor has submitted a proposal to City and has affinned its willi.ngness and
ability to perfonn such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants·
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perfonn, and Contractor agrees to render, those services .(the
"Sarvices'1 that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, CoRtractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its.profu$sional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) years from the date first above
written. The City Manager may amend the Agreement to extend it·for four (4) additional one (1)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
perfonnance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
6. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement tenn will be
Twenty-two thousand two hundred ninety dollars ($22,290). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this Agreement.
If the City elects to extend the Agreement, the amount shall not exceed twenty-two thousand two
hundred ninety dollars ($22,290) per Agreement year. The City reserves the right to withhold a
ten percent (10%) retention until City h_as accepted the work and/or Services specified in Exhibit
"A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal . or state_ tax.
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not ·be ·
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or-subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
·payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing·to Contractor.
7. SUBCONTRACTING
Contra~or will not subcontract any portion of the Services without prior written approval of City ..
If .Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City .. Contractor wilf be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
· a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
. -
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included ·as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement. ·
10. INSURANCE
Contractor will obtain and maintain fo~ the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be· obtai_ned from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating :
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in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability. (if the use of an _automobile is involved for Contractor's work
for City). $1,000,000 combined single-limit per accident for bodily injury and property damage:
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1 .4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date bf completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provid'e primary coverage to the City. ·
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be· canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
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10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and actMties related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement. ·
For City
Name Tim Murphy
Program Manager -Watershed
Title Protection
Department Public Works
City of Carlsbad
Address 1635 Faraday Av
Carlsbad, CA 92008
Phone No. 760-602-7587
For Contractor
Name John Quenzer
Title Project Manager
Address 7220 Trade Street Suite 119
San Diego, CA 92121
Phone No. 858-586-6600
Email jquenzer@dmaxinc.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four· categories.
Yes~ No D
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, · subcontractors and consultants whose services are
required by this Agreement. ·
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be. used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
·to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for -nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in -having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement. _
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
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under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than ~ bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the fl.ling of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of e'nforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. . ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
D-MAX ENGINEERING, INC., a California
corporation
(sign here)
~ TJ,,di~,dfltlf
(print name/ · e)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
c Works Director as
y the City Manager
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed·by one corporate officer from each of the following
two groups. ·
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: _Qk::=..>. ...... ~~'L""--L"""l::,.£ .... ~,..a.,<.-1,m---
Deputy City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
•
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
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~~--=-~ before me, ~~~e u_l o----n_o >C_/V~o~ta~hl-+---+-}2_u}_/, ~c
0 Here Insert N,;,,e and T/tle of thTutticerD ./ ~Dhet±= U(U{hZlt: 7 ltrta/qh 0Jl<llt1A
Name(s) of Signer(s)
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacityOes), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
1«>••·········1 BREELLA FOX
: ~--. Notary Public -California ~ i · · San Diego County ! l Commission 12189069 i My Comm. Expires Mar 31, 2021
WQGUUUCE maa
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
----------------OPTIONAL----------------
Though this section is optional, completing this lnfonnation can deter alteration of the document or
fraudulent reattachment of this fonn to an unintended document.
Description of Attached Docu111ent
Trtle or Type of Document: -~/t_l~ ..... t~™~-~./--=================-------------
Document Date: -Number of Pages: _( ____ _
Signer(s) Other Than Named Above: _____________________ _
Capaclty(les) Claimed by Signe
Signer's Name: _____ ..,,....._ _____ _ Signer's Name: ____ ,,__ ______ _
D Corporate Officer -Title . ______ _ D Corporate Officer -Ti
D Partner -D Limited General D Partner -D Limits D General
D Individual D omey in Fact D Individual :A.ttomey in Fact
D Trustee Guardian or Conservator D Trustee Guardian or Conservator
D Other.---+-----------D Other: _____________ _
Signer Is Rep Signer Is Representing: ________ _
• 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Exhlblt "A"
D-MAX.Engineering, Inc.
Consultants in Water & Environmental Sciences
January 22, 2018
Tim Murphy
City of Carlsbad
1635 Faraqay Ave
Carlsbad, CA 92008
Re: Munlclpal Facilities Stonn Water Compliance Inspection Program
City of Carlsbad, Callfomla
Dear Mr. Murphy:
D-MAx Engineering, Inc. (D-MAx) is pleased to submit this proposal to assist the City of
Carlsbad (City) in conducting compliance inspections of the City's municipal facilities. The
facilities to be inspected are grouped into three tiers: 14 Tier I, 54 Tier II, and 19 Tier Ill
facilities. These numbers may change based on refinements to the inventory; the final
number of inspections will be based on the final inventory to be delivered to D-MAx by the
City. Work will be conducted in accordance with the San Diego Regional Water Quality
Control Board (RWQCB) National Pollutant Discharge Elimination System (NPDES)
Permit, Order No. R9-2013-0001 (Municipal Permit) and the City's current Jurisdictional
Runoff Management Plan (JRMP).
Project Approach
Tier I and Tier II Inspections
Inspection Coordination
We will schedule inspection appointments with all Tier I facility contacts, as well as Tier II
facilities requiring City assistance for access. Contact information will be provided to us
by the City. Other facilities will not be notified prior to inspection; inspectors will conduct ~
unannounced visits to evaluate the day-to-day conditions that are in place:
Site Inspection
The site inspection procedure involves a thorough examination of the facility and all
outdoor activities that have the potential to generate urban runoff pollution. Inspection
forms will be entered directly into the City's we_b-based online database (Microsoft
SharePoint Lists) using a mobile device (e.g., tablet) that is capable,of connecting to the
online database. Photos will be uploaded to the online database ~nd attached directly to
the inspection record. The site inspection includes the following steps below.
Pre-Inspection
Prior to beginning the site inspection, our inspector will complete the contact information
on the inspection form using information in the municipal facilities list provided by the City.
This information includes facility name, address, telephone number, and the ,name of the
facility personnel present (if applicable). Initial observations will also be conducted at this
time and documented in th.e form. ·
I
7220 Trade Street • Suite 119 • Sau Diego, CA 92121 • (858) 586-6600 • Fn (858) 586-6644
Mr. Tim Murphy
City of Carlsbad
January 22, 2018
Page2
Exhibit "A"
Meet With Responsible Party
Our in~pectors will visit sites during normal City business hours. D-MAx personnel will
have company-issued photo identifiCc!tion, which will be worn during inspections. Upon
meeting the responsible party, our inspector will -briefly explain the purpose of the
inspection. We will use this opportunity to provide education to the responsible party
regarding storm water requirements, including answering questions as applicable.
SWPPP Assessment
After the introductory meeting,, if the facility has a Storm Water Pollution Prevention Plan
(SWPPP.), our inspector will review the document. The following components of the
SWPPP will be assessed: -
• Overview of _Site Map, Sit~ Description, and Object_ives
• Storm Water Pollution Prevention Team
• Potential Sources of Pollutants
• Best Management Practices (Structural and Non-Structural)
• Record Keeping and Reporting
· Results of the SWPPP review will be entered into the online database.
' BMP Assessment
During the next portion of the inspection process, our inspector will conduct a thorough
walk-through of the facility, preferably accompanied by the manager/responsible party, to
inspect all areas exposed to storm water and evaluate existing BMPs and their
effectiveness. Typical areas of activity assessed during this phase of the inspection
include material storage areas, loading and unloading areas, waste storage or disposal
areas, vehicle maintenance and washing areas, and parking areas.
If specific BMPs are not implemented or are found to be ineffective, changes to the way
existing BMPs are implemented and/or additional BMPs will be recommended. We will
_ discuss_ potential solutions with site representatives where possible to help identify the
most efficient solution to the observed issue. The BMP evaluation and summary of
observations will be recorded. Corrective actions, if needed, will be_ summarized, and
photographs will be taken to document BMP deficiencies that require correction.
If conditions at the site warrant immediate action (e.g., an active illicit discharge is
observed), the City will be promptly notified via the Storm Water Hotline (760-602-2799).
BMP and Knowledge Assessments
We understa'nd that a knowledge score and BMP assessment was included in past
inspection forms. We assume these assessments will be !included on the most recent
forms. The scale for assessing facility contacts' storm water knowledge and BMP
implementation we last used for the City is included below. If updates have been made,
we will use the City's most recent version.
Knowledge Score
1. Individual has never heard of the storm water program, requirements, or BMPs.
This indMdual does · not know what BMPs are or u·nderstand how to implement
them.
r
Mr. Tim Murphy
City of Carlsbad
January 22, 2018
Page 3
_)
J
Exhlbi "A"
' I.
2. Individual has a general awareness of water quality issues, but does not
understand the requirements of the storm water program, BMPs, or pollution
prevention.
3. . Individual has a general understanding of storm water issues ("I've heard
something about that"), but not· specific storm water requirements or BMPs
required for the facility.
4. Individual has a clear understanding of BMPs but may not have a clear awareness
of the connection between pollution prevention and water quality.
5. Individual demonstrated an in depth knowledge of the storm water program and
BMPs consistent with the facility's activities and operations.
BMPScore ·
1. An illicit discharge was noted during the inspection. Follow-up actions required.
2. BMPs have not been implemented. Several violations were noted during the
inspection; however, an illegal discharge was not observed. A detailed inspection
report and/or written warning was issued.
3. BMl?s have been implemented throughout the site, but not properly or adequately
maintained. Violations were noted during the inspection and a verbal warning,
was issued. A detailed inspection report or written Warning Notice may follow.
4. BMPs implemented effectively; however, minor violations associated with
communal area's or go0d housekeeping practices (i.e. dumpsters open, leaves in
the parking lot, etc.) were noted during the inspection.
5. All BMPs implemented effectively.
Stonn Water Quality Inspection Summary and Conclusion
At the completion of the walk-through, the inspector will' summarize the recommended
corrective actions and/or violations listed on the inspection form and discuss the feasibility
of any recommendations with the responsible party.
Tier Ill Inspections
Tier Ill facilities will not be notified prior to inspection; inspectors will conduct
unannounced Visits to evaluate the day-to-day conditions that are in place. 'Our inspector
will conduct a thorough walk-through of ei;ich Tier Ill facility to'inspect all areas exposed to
storm water and evaluate existing BMPs and their effectiveness. If specific BMPs are not
implemented or are found to be ineffective, additional BMPs will be recommended. The
BMP evaluation. will be documented using the City's online inspection database. In the
previous fiscal years, the Tier Ill inspection form was shorter than the form used for Tier I .
and Tier II sites. While we understand all inspections are now entered online, we assume
that Tier Ill sit.es still have a simpler inspection/evaluation process than Tier I and Tier II
sites. Photographs will be taken to document BMP deficiencies and attached to the
relevant inspection records in the City's database.
-If conditions at the site warrant immediate action (e.g., an active illicit discharge or storm
water ordinances violation is observed), the City will be promptly notified via the Storm
Water Hotline (760:-602-2799). All other corrective actions will be entered into the online
-database. ·
Mr. Tim Murphy
City of Carlsbad
January 22, 2018
Page4
Reporting
Exhibit "A"
Inspection data will be entered into the online database (Microsoft SharePoint Lists).
Photos. taken during inspections will also be attached to the relevant inspection records.
All data entered into the database will be reviewed internally for quality control prior to
submittal to the City.
Schedule
D-MAX will conduct the inspection services described above according to the following .
schedule: ·
• We willibegin the inspection program on a timeline agreed upon by the City
following the NotiCE:l to Proceed.
• Wrthin one week of completing each inspection, the inspection forms will be
reviewed internally and the complete inspection form and photos will be available
in the online database. (
• The City's Storm Water Hotline will be contacted immediately if any active illicit
discharges are observed, or if any storm water conditions are considered to be a
threat to human or environmental health.
• All inspections will be completed by June 1, 2018.
Cost Estimate
We propose to conduct the above scope of services on a time and materials basis in
accordance with the attached Schedule of Fees. Costs per inspection are as follows:
• Tier I: $351.47.
• Tier II: $265.97
• Tier Ill: $158.27
These costs include a kick-off meeting and coordination with the City, site inspections and .
data entry, mileage, and QC of data entered into the online database. Based on the
numbers of facilities in each tier projected to be inspected this year, the estimated total
cost is $22,290. The actual numbers of inspections and corresponding cost will be based
on the final inventory to be delivered to D-MAx prior to inspections, so the final program
cost may vary from this estimate if the final inventory has some changes to the numbers
and types of facilities to inspect. ·
./
/
Mr. Tim Murphy
City of Carlsbad '
January 22, 2018
Page5
Exhibit "A"
Please feel free to call me at (619) 742-1055 if you have any questions regarding this
. proposal.
Sincerely,
[)JMAx Engineering, Inc.
John Quenzer, MS, QSD/QSP, CPSWQ
Vice President
\
-,
.I
J
Exhibit "A"
SCHEDULE OF FEES
January 1, 2018
LABOR
Classlflcatlon Hourly Rate
Word Processor/Admin 65
·-
Drafter 75
Technician 75
Senior Technician 85
Staff Scientist I 95
Staff Scientist 11 105
Assistant Project Scientist 120
' Project Scientist 135
Senior Scientist 155
Principal Scientist 180
Staff Engineer I 105
,Staff Engineer II 115
Assis~nt Project Engineer 130
Project Engineer 145
Senior Engineer 165
Principal Engineer 190
Field and · hourly services will be
charged portal to portal from our office;
with a two-hour minimum.
Appearance as expert witnesses at
court. trials, mediation, arbitration
hearings and depositions will be
charged at $200/hour. Time spent
preparing for such appearan'ces will be
charged at the above standard hourly
rates.
SF-1
OTHER CHARGES
Subcontracted services, such as sub
consultants, outside testing, drilling, and
surveyors, will be charged at cost plus
15%. Other project-specific costs, such
as rentals, expendable or special
supplies, special project insurance,
permits and licenses, shipping,
subsistence, tolls and parking, outside
copying/printing, etc., will be charged at
cost plus 15%. Mileage will be charged
at the current IRS rate. Meals, lodging,
and travel expenses, when pre-
approyed by the City, will be charged at
cost or at standard per diem rates, as
applicable.
Client will be responsible for any
applicable taxes ·in addition to the fees
due for Services.
)
I
~RY CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DDIYYYY)
2/19/2018
11-118 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITIITE A CONTRACT BETWEEN JHE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT:. If the certificate holder la an ADDmONAL INSURED, the pollcy(les) ml.181: be endorsed. If SUBROGATION IS WANED, subfect to
the terms and conditions of the pollcy, certain pollcles may require an endo1'88111ent A statement on this certificate does not confer rights to the
certificate holder In lleu of such endorsement(&). · · ·
PRODUCER ~~· Certificate l"lArulrtment Cavignac & Associates PHONI! . ·1 ff!_ Nol: 619-234-8601 450 B Street, Suite 1800 ··-u-~~~ 619-744--0574
San Diego CA 92101 ~~ ..... ~ca -~nae.com
INSURER/SI AFFORDING COVERAGE NAIC#
INSURER A: Travelers Property & Casualty Company of America 25674
INSURED DMAXENG-01 IHSURl!R B : XL Soeclaltv Company 37885 D-MAX Engineering, Inc. INSURERC: 7220 Trade Street, Suite 119
San Diego CA 92121 INSURERD:
INSURER!!:
INSURERF:
COVERAGES CERTIFICATE NUMBER: 257599491 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTiiER DOCUMENT 'MTH RESPECT TO WHICH TiilS
CERllFlCATE MAY BE ISSUED OR MAY PERTAJN, TiiE. INSURANCE AFFORDED BY THE POLICIES DESCRJBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
lHSR TYPE OF INSURANCE AUIJI. l:iUBR POUCYEFF POLICYEXP UIUTS LTR ~-u,vn POLICY NUMBER
A X COMMERCIAL GENERAL LIABILITY y 6806H().48517 1/1/2018 1/1J201g EACH OCCURRENCE $1 rM 000 -~ Cl.AIMS-MADE [8J OCCUR I ~~~YF~:,,· = $1000000 -X Contractual lJQb MED EXP (Arry O!lll peraan) $10,000 -~ 5epa'atlonr:lln PERSONAL & MN INJlRf S 1000000
GENi.. AGGREGATE LIMIT APPLIES PER: GENERAL AOOREGATE $2,000 000 q PQJCY [8J ffil [8J LOG PRODUCTS -COMP/OP AGG $2,000.000
OTHER: s
A AUTOMOBILE LIABILITY BA8924L261 1/1/2018 1/1/2018 ~~SINGLE LIMl1 $ < /YYHYVl ·-X ANY AUTO BODtL Y INJURY (Per peBOn) s -.ALLOW£!) -SCHEDULED
AUTOS AUTOS BODILY INJURY (Per ecddent) $ --NON-OV,NEl) ~~~E HIRED AUTOS AUTOS s ---,-
I s
A X UMBRELLA UAB M~-CUPJ.(261" 137 1/1/2018 1/1/2018 EACH OCCURRENCE $2 000 000 ~·
EXCESS LIAS CLAIMS-MADE AGGREGATE $2 000 000
/
DED I -l< I RETENTION$ n $
WORKERS COJ,FENSATJON I ~TLITE I 1~1-1-AND l!W'l.OYERS" LIASIUTY Y/N ANY PROPRIETOR/PARTNER/EXECUllVE D N/A EL EACH ACCIDENT s OFFICERIMB.4BER EXCLUDED? (Mandatory In NH) EL DISEASE -EA EMPLOYEE S
~~~ ~PERATIONS belr,,i EL DISEASE-POLICY LIMIT $
A Bua. Poraon8I ~ aaoeH048517 1/1/2018 1/1/2018 I.Jmlt $218,645
B Profesalam,j· . DPRW20756 1/1/2018 1/1/2018 EaC181m $1,000,000 ./
AQ7agale $2,000,000
Dl!SCRIPllON OF OPl!RATIONS /LOCATIONS/ VEl«ct.eS jACORD 101, Ad<ltlonal Ramllrb ~la, may be -chad If more •P"oe la required)
Re: Agreement Number. ENV1669, Storm Water Com~lance Inspection Program Services. Additional Insured coverage applies to General Liability for City of
Carlsbad~MWD per policy .fem,. Excess/Umbrella pol cy fo;ows fem, over undertylng ~Ides: General Liability and Auto LlablDty (additional Insured and
waiver of subrogation apply). Professional Liability -Claims made fonn, defense costs nduded within limit. Property -Special fonn, replacement cost If the
Insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium they will provide 30 days. notice of such
cancellat!on or nonrenewal.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS1
do EXIGIS Insurance Compliance Services
P.O. Box 4668 -ECM #35050 AlJTHORIZEO REPReSENTATIVE
New York NY 10163-4668
~~L. I
@1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD
COMMERCIAL AUTO POLICY
I ENDORSEMENT -CA TS 04 01 18
POLICY NUMBER BA-8924L251-18-GRP
** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. **
NOTICE OF CANCELLATION .
IT IS AGREED THAT:
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE RRAD IT CAREll'lJLLY.
DESIGNATED ENTITY -NOTICE OF
CANCELLATION PROVIDED BY US
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED
UNDER THE: FOLLOWING:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: NUMBER OF DAYS NOTICE OF CANCELLATION: 30
PERSON OR ORGANIZATION:
ANY PE:RSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A
WRITTEN CONTRACT THAT NOTICE Oli' CANCKLLATION OF THIS
POLICY WILL BE GIVEN, BUT ONLY IF:
1. YOU _SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE,
INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ')
ORGANIZATION, AFTER THE FIRST NAMED INSURED SHOWN IN THE
DECLARATIONS RECEIVES NOTICE FROM US OF THE CANCELLATION
OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE
THE BEGINNING OF THE: APPLICABLE NUMBER OF DAYS SHOWN IN
THIS SCHEDULE.
ADDRESS':
THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN
SUCH WRITTEN REQUEST FROM YOU TO US.
PROVISIONS:
A. IF WE CANCEL THIS POLICY FOR ANY STATUTORILY PERMITTED
REASON OTHER THAN NONPAYMENT OF PREMIUM WR
WIµ KAIL NOTICE OF CANCELLATION TO THE PERSON OR
ORGANIZATION SHOWN IN THE: SCHE:DULE: ABOVE. WE WILL
MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE
ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR
CANCELLATION IN THE SCHEDULE ABOVE BEFORE THE
EFFECTIVE DATE OF CANCELLATION.
B .. IF WE DECIDE TO NOT RENEW THIS POLICY FOR ANY
STATUTORILY PERMITTED REASON, AND A NUMBER OF DAYS
IS SHOWN FOR NONRENEWAL IN THE SCHKDUL.B, ABOVE, WE
WILL MAIL NOTICE OF THE NONRENEWAL TO THE PERSON OR
ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL
MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE
ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR
NONRENEWAL IN THE SCHEDULE ABOVE BEFORE
THE EXPIRATION DATE .
. EFFECTIVE DATE 01-01-18 EXPIRATION DATE 01-01-19
PAGE 0001 DATE OF ISSUE 11-08-17
POLICY NUMBER: 680-6H048517-_18-47 ISSUE DATE: 11/08/2017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY-NOTICE OF
CANCELLATION/NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION:
NON RENEWAL:
Number of Days Notice of Cancellation: 30
Number of Days Notice of Nonre·newal: 3 o ·
PERSON OR
ORGANIZATION: CONINTUE ON IL TB 00
ADDRESS: CONINTUE ON IL TB O 0
SAN DIEGO CA 92121
PROVISIONS:
A. If we cancel this policy for any staMorily pennit-
ted reason other than nonpaymet;it of premium,
and a number of days is-shown for cancellation in
the schedule above, we will mail notice of cancel-
lation to the person or organization shown in the
schedule above. We will mail such notice to the
address shown in the schedule above at least the
number of days shown for cancellation in the
schedule above before the effective date of can-
cellation. ·
B. If we decide to not renew this policy for any statu-
torily permitted reason, and a number of days is
shown for nonrenewal iri the schedule above, we
will mail notice of the nonrenewal to the person or
organization shown in the schedule above. We
will mail such notice to the address shown in the
schedule above at least the number of days
shown for nonrenewal in the schedule above be-
fore the expiration date.
IL T40012 09 0 2009 Toe Travelers lnden;mtty Company Page 1 of 1
GENERAL PURPOSE ENDORSEMENT
OFFICE PAC
POLICY NUMBER:· 6B0-6H04B517-1B-47
ISSUE DATE: 11/08/2017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE l!'OR FORM IL T400
This endorsement modifies insurance provided under the following:
Any person or organization to whom you have agreed in a written contract
that notice of cancellation of this policy will be given but only if1.
You send us a written request to provide such notice including the name
and address of such person or organization after the first Named Insured
receives notice from us of the cancellation of this policy and2. We
receive such written request at least 14 days before the beginning of the
applicable number of days shown in this endorsement.
The address for that person ororganization included in suchwritten
,request from you to us.
IL TB 02 01 18 Page 1 of 1
Policy Number: 6806H948517 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS· AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The foUowing is added to SECTION II -WHO IS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury',
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurancew applies, or in connection
with premises owned by or rented.to you.
The person or organization does not qualify as an
· additjonal insured: ·
c. Wrth respect to th.e independent acts or
omissions of such person or organization; or
d. For "bodily injury', wproperty damagew or
"personal injuryw for which such person or
organization has assumed liability in a
contract or ag'reement
The insurance provided to such additional insured
is limited as follows:
e. This insurance does ncit apply on any basis to
any person or organization for which
coverage as an additional insured specifically
is added by another endorsement to this
Coverage Part.
f.. This insurance does not apply to · the
rendering of ·or failure to render any
wprofesslonal servicesw.
g. In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the
insurance provided to the~ additional insured
shall be limited to the limits of liability required·
by that "written contract requiring insurance".
This endorsement .does not increase the
limits of insurance described in Section Ill -
Limits Of Insurance.
h. This insurance does not apply to wbodily
injuryw or "property damagew caused by "your
work"' and included in the "products-
completed operations hazardw unless the
"written contract requiring insurance"
specifically requires you to provide such
coverage for that additional insured, and then
the insurance provided to the additional
insured applies only to such "bodily injuryw, or
"property damage~ that occurs before the end
of the period of time for which the "written
contract requiring insurance" requires you to·
provide such coverage or the end of the
policy period, whichever is earlier.
2. The · following ,is added to Paragraph 4.a. of
SE~N IV -COMMERCIAL GENERAL
LIABILITY CONDITIONS:
The insurance provided to the additional insured
is excess over any valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the
additional insured for a loss we cover. However, if
you specifically agree in the "written contract
requiring insurance" that this insurance provided
to the additional insured under this Coverage Part
must apply on a primary basis or a primary and
non-contributory basis, this insuranc:;:e is primary
to other insurance available to the additional
insured which covers that person or organizations
as a named insured for such loss, and we will not
share with the other insurance; provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have signed that "written contract
requiring insurance". But this insurance provided
to the additional insured still is excess over valid
and collectible other insurance, whether primary,
excess, contingent or on any other basis, that is
available to the additional insured when that
person or organization is an additional insured
under any other insurance.
CG D3 81 0915 -0 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2
lndudes the copyrighted material of Insurance Services Office, Inc., with Its permission
COMMERCIAL GENERAL LIABILITY
3. The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV -COMMERCIAL GENERAL
LIABILITY CONDITIONS:
We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring insurance" with
such person or organization signed by you
before, and in effect when, the "bodily injury" or
"property damage" occurs, or the "personal injury"
offense\is committed. ,
4. The following definition is added to the
DEFINITIONS Section:
'Written contract requiring insurance" means that
part of any written contract under which you are
required to include a person or organization as an
additional insured on this Coverage Part,
provided that the "bodily injury" and "property
damage" occurs and the "personal injury" is
caused by an offense committed:
a. After you have signed that written contract;
b. While that part of the written contract is in
effect; and
c. Before the end of the policy period.
(
Page 2 of 2 C 2015 The Travelers Indemnity Company. All rights reserved. CG DJ 81 0915
Includes the-copyrighted material of Insurance Services Office, Inc., ~ Its pemilsslon