HomeMy WebLinkAboutD-Max Engineering Inc; 2014-04-24; PEM1084PEM 1084
AGREEMENT FOR MUNICIPAL FACILITY STORM WATER
COMPLIANCE INSPECTION SERVICES
(D-MAX ENGINEERING, INC.)
made and entered into as of the ^"6^"^'^^^ day of
2014, by and between the CITY OF CARLSBAD, a municipal
fation, ("City"), and D-MAX ENGINEERING, INC., a California corporation ("Contractor").
RECITALS
A. City requires the professional services of a consulting firm that is experienced in
municipal storm water compliance inspections.
B. Contractor has the necessary experience in providing professional sen/ices and
advice related to municipal storm water compliance inspections.
C. Contractor has submitted a proposai to City and has affirmed its willingness and
ability to perform 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 perform, and Contractor agrees to render, those services (the
"Services") 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, Contractor 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 professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year 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 in an amount not to exceed twenty thousand dollars ($20,000) per
Agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance, 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 ofthe essence for each and every provision ofthis Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
fifteen thousand six hundred thirteen dollars ($15,613). No other compensation forthe Services
will be allowed except for items covered by subsequent amendments to this Agreement. The
City reserves the right to withhold a ten percent (10%) retention until City has accepted the work
and/or Sen/ices 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
Contractor 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 will 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 for 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 obtained 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-:VH". OR
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with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless 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.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 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 Liabilitv. (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 Emplover's Liabilitv. 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 Liabilitv. 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 of completion ofthe work.
I I If box is checked, Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived.
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 provide 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
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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.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, 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 activities 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 notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name James Wood Jr. Name Arsalan Dadkhah, Ph.D., P.E.
Title Senior Environmental Specialist Title Principal
Department Public Works / PEM Address 7220 Trade Street, Suite 119
City of Carlsbad San Diego, CA 92121
Address 1635 Faraday Ave. Phone No. 858-586-6600
Carlsbad, CA 92008 Email arsalan@dmaxinc.com
Phone No. 760-602-7584
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.
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 Sen/ices 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 ofthe requirements ofthe 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 othenwise 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 fon/varded 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 fonA/arded
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
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payable 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 a 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 othenA/ise 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 seg..
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 filing 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. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing 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 or 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)
Arsalan Dadkhah / President
(print name/title)
here)
John Quenzer / Secretary
CITY OF CARLSBAD, a municipal
corporation of the State of California
a/ithorized by the City Manager
Jim Howell
ATTEST:
BARBARA ENGVESON
City Clerk
(print name/title)
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
Assistant City Attorney ^
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Exhibit A
D-MAX Engmeermg, Inc.
Consultants in Water & Environmental Sciences
March 14, 2014
Revised March 18, 2014
James Wood
Senior Environmental Specialist
Property and Environmental Management
City of Carlsbad
1635 Faraday Ave
Carlsbad, CA 92008
Re: Municipal Facilities Storm Water Compliance inspection Program
City of Carlsbad, California
Dear Mr. Wood:
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 high priority municipal
facilities. The facilities to be inspected are grouped into three tiers: 22 Tier I, 13 Tier II,
and 9 Tier III 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) Municipal National Pollutant Discharge
Elimination System (NPDES) Permit, Order No. R9-2013-0001 (Municipal Permit) and the
City's current Jurisdictional Urban Runoff Management Program.
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. We will use
the inspection form that was used during last year's inspection program, which is attached
to this submittal. The site inspection includes the following steps.
Pre-/nspecfion
Prior to beginning the site inspection, our inspector will complete Section A. "Contact
Information" of 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 responsible party (if available). Initial observations will also be conducted at
this time and documented in Section C. "Initial Obsen/ations." The inspector will identify
the nearest water bodies, approximate distance to water bodies, and the sensitivity and
7220 Trade Street • Suite 119 • San Diego, CA 92121 • (858) 586-6600 • Fax (858) 586-6644
James Wood
City of Carlsbad
March 14, 2014 M » M * y
Revised March 18, 2014 •imA
Page 2
pollutants of concern. Observations of surface runoff drainage pattern and the
approximate area of pervious and impervious surface will also be recorded. The City will
be notified if the site visit results in recommended changes to the municipal inventory.
IVleet With Responsible Party
Our inspectors will visit sites during normal business hours. D-M/0( personnel will have
company-issued photo identification, which will be worn during inspections. Upon
meeting the responsible party, our inspector will re-introduce the storm water program
and the purpose of the inspection. We will use this opportunity to provide education to
the responsible party regarding storm water compliance. The re-introduction to the
program will recap a brief overview of the federal and state water quality laws, local
requirements, impacts of urban runoff, the concept of Best Management Practices
(BMPs), and a description ofthe local water bodies and pollutants of concern.
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, Site Description, and Objectives
• 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 included in Section B of the inspection form,
"Facility/Site Information."
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, processing 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, additional BMPs will
be recommended. The BMP evaluation and summary of observations will be recorded on
the inspection form in Section D, "BMP Assessment," and, if applicable. Section E,
"Additional Comments." Corrective actions, if needed, will be summarized in Section F,
"Corrective Action," and photographs will be taken to document BMP deficiencies that
require correction.
If conditions at the site warrant immediate action (e.g., an active illegal discharge or storm
water ordinance violation is observed), the City will be promptly notified via the Storm
Water Hotline (760-602-2799). Compliance status will be summarized in Section G of the
inspection form.
James Wood
City of Carlsbad
March 14, 2014
Revised March 18, 2014
Page 3
BMP and Knowledge Assessments
The criteria used to assess facility contacts storm water knowledge and BMP
implementation is described on the following page.
Knowledge Score
1. Individual has never heard of the storm water program, requirements, or BMPs.
This individual does not know what BMPs are or understand how to implement
them.
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 ('Tve 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.
BMP Score
1. An illegal 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. BMPs 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 areas or good housekeeping practices (i.e. dumpsters open, leaves in
the parking lot, etc.) were noted during the inspection.
5. All BMPs implemented effectively.
Storm 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 last page of the inspection form and
discuss the feasibility of any recommendations with the responsible party.
Tf er /// inspections
Tier III 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 each Tier III facility to inspect all areas exposed to
storm water and evaluate existing BMPs and their effectiveness. If specific BMPs are not
James Wood
City of Carlsbad
March 14, 2014 mLSmWm ^«
Revised March 18,2014 ^rm.£t
Page 4
implemented or are found to be ineffective, additional BMPs will be recommended. The
BMP evaluation will be documented on the inspection form. The Tier III inspection form is
different than the form used for Tier I and Tier II sites; the City will provide us with the Tier
III form before inspections begin. Photographs will be taken to document BMP
deficiencies.
If conditions at the site warrant immediate action (e.g., an active illegal discharge or storm
water ordinance violation is observed), the City will be promptly notified via the Storm
Water Hotline (760-602-2799). All other corrective actions will be summarized on the
inspection form.
Reporting for Ail Inspections
Inspection forms will be reviewed by office staff and a scanned copy will be e-mailed to
the City's storm water account (stormwatertS.carlsbadca.gov) within two business days of
the inspection. Relevant photographs of BMP deficiencies will be attached to the e-mail.
Within 10 business days of the program's completion, a final inspection report will be
prepared. The report will include an overall program summary and site-specific
inspection summaries.
Sctiedule
D-MAX. will conduct the inspection services described above according to the following
schedule:
• We will begin the inspection program on a timeline agreed upon by the City
following the Notice to Proceed.
• Within two business days of completing each inspection, scanned copies of
inspection forms will be e-mailed to the storm water account.
• The City's Storm Water Hotline will be contacted immediately if any active illegal
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 within one month from the date of the first
inspection completed in 2013-2014.
• A final inspection summary report will be submitted within 10 business days of
completing inspections.
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 $440.84 for
Tier I, $345.05 for Tier II, and $158.73 for Tier III facilities. This cost includes
coordination with the City, site inspections, mileage, review of the data by office staff, and
report preparation. A cost increase of three percent relative to last year is included in this
cost and in the Schedule of Fees. Based on the numbers of facilities in each tier
projected to be inspected this year, the estimated total cost is $15,613. The actual
James Wood
City of Carlsbad
March 14, 2014
Revised March 18, 2014
Page 5
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.
Please feel free to contact us with any questions regarding this submittal.
Sincerely,
D-MAX Engineering, Inc.
Arsalan Dadkhah, Ph.D., P.E.
Principal
SCHEDULE OF FEES
January 1, 2014
LABOR
Classification Hourly Rate
$50 Clerk*
Word Processor* 55
Drafter* 70
Technician* 70
Senior Technician* 80
Staff Scientist/Engineer I 85
Staff Scientist/Engineer II 95
Assistant Project Scientist/Engineer 110
Project Scientist/Engineer 120
Senior Scientist/Engineer 130
Principal Scientist/Engineer 155
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.
Client will be responsible for any
applicable taxes in addition to the fees
due for Services.
* Overtime (in excess of 8 hours per
day) and weekend hours will be charged
at 1.5 times the above rates for non-
exempt personnel.
Field and hourly services will be
charged portal to portal from our office,
with a two-hour minimum.
Appearance as expert witnesses at
court trials, mediation, arbitration
hearings and depositions will be
charged at $200/hour. Time spent
preparing for such appearances will be
charged at the above standard hourly
rates.
SF-1
City of Carlsbad
Storm Water Quality Inspection for Municipal Facilities
Inspected by D-Max Engineering, Inc.
Inspector Name.
Date / / ^Time AM / PM Type of Inspection: • Routine • Follow-up • Complaint Investigation
A. CONTACT INFORMATION
Facility Name
Street Address Mailing Address_
Manager/Operator(s)
Telephone # [ ) ext. Fax#
Manager/Operator(s) Email:_
Facility Personnel Present
B. FACILITY/SITE INFORMATION
Principal activity:
SIC Code(s)
Does SIC Code best represent principal activity: • Yes • No
What Is recommended SIC Code(s)? New JURMP Classification?.
Does facility maintain SWPPP/BMP Plan?
If yes, what is the date of last SWPPP/BMP Plan revision?
• Yes • No
If yes, does the SWPPP/BMP Plan include applicable minimum
BMPs from the JURMP? (If no, describe in Section E) • Yes • No
If yes, does the SWPPP/BMP Plan include a current list of individuals
Responsible for implementing BMPs at the site? • Yes • No
Does facility have a map/sketch of the site with flow lines and storm drains? • Yes • No
C. INITIAL OBSERVATIONS
Nearest conveyances or water bodies
Approximate distance to water bodies
Sensitivity of receiving waters:
Discharge points along perimeter:.
Hydrologic Area:
• <200ft. 0 200-1000 ft. •> 1000 ft.
• Sensitive (ESA, 303(d), or other) • Non-sensitive
Discharge observed:
If yes, describe: _
• Yes • No
Approximate area covered by Industrial or commercial activities:.
Approximate % impervious surface of this area
Exposed areas of intensive outdoor activity:
sauare feet
Municipal Storm Water Compliance Inspection Form Page 1 of 4
^^^^ City of Carlsbad
VL| 1 JifM storm Water Quality Inspection for Municipal Facilities
^MBB^y Inspected by D-Max Engineering, Inc.
D. BMP ASSESSMENT
-^^^Uffs \WA\Yes\Ho\ CQinments
D.1 Generai
Is the site free of excessive litter and debris?
Are discharge locations free of excessive sediment and
debris?
Are parking lots, sidewalks and streets free of excessive
sediment and debris?
Are roof downspouts directed away from areas of
potential pollutants?
•
Is wash water from pressure washing / hosing managed
appropriately?
Are employees trained in storm water management?
Does the facility have a current log of employees who
have participated in training?
D.2 Landscapinq
Are adequate erosion prevention measures employed?
(vegetation or physical stabilization)
Are irrigation systems programmed to minimize over-
watering and runoff?
If reclaimed water is used for irrigation. Is the site free of
evidence of irrigation water entering the storm drain?
Are stockpiles of soil or landscape waste covered when
feasible and equipped to prevent runoff transport?
Are pesticides, herbicides, and fertilizers managed in
accordance with the JURMP BMPs?
D.S Materiais and Wastes
Are adequate trash containers provided?
Are adequate recycling containers provided?
Is the trash/recycling area adequately covered (closed lids
or permanent overhead cover)?
Is the trash/recycling area free of litter and debris?
Is timely service and removal provided to prevent waste
containers and sanitary facilities from overflowing?
Are outdoor materials that pose a threat to water quality
stored appropriately (covered or in sealed containers)?
Are outdoor storage containers properly labeled?
Is there an accessible, appropriate spill response kit?
Is there a written spill response plan? If so, please
provide to inspector. (NA if no significant materials to spill)
Are liquid storage containers/tanks equipped with
secondary containment?
Is secondary containment free of spills and rainwater?
Are loading and unloading areas free of spills and debris?
Is water from pools and/or fountains disposed of properly?
D.4 Equipment and Veliicies
Are exposed parking areas free of significant spills and
leaks?
D^Az Municipal Storm Water Compliance Inspection Form Page 2 of 4
^^^k City of Carlsbad
•Lf 1 J^M Storm Water Quality Inspection for Municipal Facilities
^^M^r Inspected by D-Max Engineering, Inc.
BMPs N/A Yes Ho Comments
Are vehicle maintenance activities conducted within
contained areas when feasible (garage, canopy, work
shop)?
Are equipment and vehicles inspected daily for leaks and
repaired as necessary?
Are storm drain inlets near vehicle-fueling areas protected
from spills and leaks?
Is vehicle washing preformed in a designated area where
runoff does not enter the MS4?
Are biodegradable soaps used when appropriate?
D.S Buiiding Repair/Construction
Are adequate erosion prevention measures employed
throughout the site? (vegetation or physical stabilization)
Are adequate sediment control BMPs employed
throughout the site? (sandbags, gravel bags, Inlet filters)
Are impen/ious areas free of debris and spills from
painting, scraping, and/or sandblasting activities?
D.6 Structural BMPs
Are structural BMPs adequately maintained? (NA if no
structural BMPs at facilitv)
D.7 Non-Storm Water Management
Is the site free of evidence of illicit connections and illegal
discharges?
Is the site free of evidence of unauthorized releases to
storm drains?
If not, have the appropriate authorities been notified?
D.8 Otiier
Are appropriate siqns/stenciling present at the facility?
Are there any other potential storm water pollution issues
or concerns? If yes, explain below.
E. ADDITIONAL COMMENTS
(describe any additional deficiencies not represented above and/or notable BMP improvements)
DMAX Municipal Storm Water Compliance Inspection Form Page 3 of 4
City of Carlsbad
Storm Water Quality Inspection for Municipal Facilities
Inspected by D-Max Engineering, Inc.
F. CORRECTIVE ACTION
Is corrective action needed? • Yes • No (If BMP-related corrective action is required, describe below.)
Operator has been notified of recommended corrective actions both verbally and by: • Hand • Mail • Fax • E-Mail
G. VIOLATIONS
• No violations have been noted at this time
• No violations have been noted, but recommend taking corrective action described in Section F.
• Violation of City Ordinance(s):
• Illegal discharge(s) of pollutants to the storm drain system or to receiving waters
Description
• Illegal connection(s) to the storm drain system
Locatlon_
• Littering
• Failure to properly implement required BMPs
• Other Violation
SPECIFIC ACTION(S) REQUIRED TO CORRECT THE VIOLATION DESCRIBED ABOVE:
• Implement the recommended corrective actions listed in Section F.
Additional actions required:
H. RECOMMENDED CITY ACTIONS*
• None
• Follow-up to ensure the observed violation is corrected (see Section G)
Other:
•Recommended City Actions listed at the time of inspection are subject to change based on later review by office staff
Does this facility require a follow-up inspection? • Yes • No
ASSESSMENT
Level of knowledge regarding storm water Issues: nl 02 DS 04 05
Level of cleanliness, BMP implementation, orderliness of site: Dl 02 DS 04 DS
Municipal Storm Water Compliance Inspection Form Page 4 of 4
City of Carlsbad
storm Water Quality Inspection for Municipal Facilities
Inspected by D-Max Engineering, Inc.
I. FACIUTY DRAINAGE SCHEMATIC
13MA» Municipal Storm Water Compliance Inspection Form Drainage Schematic