1 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
]CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH D-MAX ENGINEERING, INC.
TO PROVIDE MS4 OUTFALL, TRASH, AND AS-NEEDED MONITORING SERVICES
This Agreement is entered into effective as of November 4, 2025 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and D-MAX ENGINEERING, INC. , A California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the San Diego Regional Water Quality Control Board (RWQCB) adopted in May 2013, National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirement for Discharges From The Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds Within the San Diego Region Order No. R9-2013-0001, NPDES No. CAS0109266, as amended; and
WHEREAS, this order was issued pursuant to section 402 of the federal Clean Water Act (CWA) and implementing regulations (Code of Federal Regulations [CFR] Title 40, Part 122 [40 CFR 122]) adopted by the United States Environmental Protection Agency (USEPA), and chapter 5.5, division 7 of the California Water Code (CWC) (commencing with section 13370); and
WHEREAS, CWA section 402(p)(3)(B), NPDES permi ts for storm water discharges from MS4s must include requirements to effectively prohibit non-storm water discharges into MS4s, and require controls to reduce the discharge of pollutants in storm water to the maximum extent practicable (MEP), and to requir e other provisions as the San Diego Water Board determines are appropriate to control such pollutants; and
WHEREAS, in order to comply with Federal and State law, the City of Chula Vista is required to perform dry weather MS4 outfall discharge monitoring (Provision D.2.b; RWQCB, 2013) to identify, prioritize, control and monitor the non-storm water and illicit discharges within its jurisdictions; and
WHEREAS, dry weather MS4 outfall discharge monitoring includes but is not limited to field screening, field monitoring, field sampling and laboratory analysis, and trash assessment monitoring at identified locations throughout City; and
WHEREAS, in order to procure these services the City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.080 for contracts exceeding $100,000; received one (1) proposal; and
WHEREAS, due to the expertise and specialized equipment necessary to perform these services, City has determined it is necessary to retain the services of Consultant in order to satisfy dry weather MS4 outfall discharge monitoring requirements; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.] 2 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Addit ional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expres sly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 3 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6 .1 and 6 .2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the a mount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant . Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed , City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below . At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”) . Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A . City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval . Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 4 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance . Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub -consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub -consultants must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage . Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 5 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all require d insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.
b. Insurance must be maint ained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement.
c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a “Retro Date” p rior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and aga inst any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such pe rformance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising f rom the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers , or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services . Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code sectio n 2782. 8, as may be amended from time to time, the defense and indemnity 6 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs . Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. CONFLICTS OF INTEREST
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor wo rking solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, wheth er contractual, non -contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.
5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $ 500 within the previo us twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a spec ific 7 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference.
6. REMEDIES
6.1 Termination for Cause . If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Defaul t”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consul tant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days pr ior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclu sive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims . In the event City terminates the Agreemen t in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.
6.4 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 be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising u nder or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394.
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6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents t o service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranti es and statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services , Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including s uch records in the possession of sub - contractors/sub-consultants.
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8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees 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. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.
8.9 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 in this Agreement a t the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
10 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
D-MAX ENGINEERING, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JOHN QUENZER JOHN MCCANN
VICE PRESIDENT MAYOR
ATTEST1
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo
City Attorney
1 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attest ation signature block.
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Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Marisa Soriano
1800 Maxwell Road, Chula Vista, CA 91911
(619)397-6134
[email protected]
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]
B. Consultant Contract Administration:
D-MAX ENGINEERING, INC.
5440 Morehouse Drive, Suite 4500, San Diego, CA 92121
(858)352-6816
[email protected]
For Legal Notice Copy to:
John Quenzer
5440 Morehouse Drive, Suite 4500, San Diego, CA 92121
(858)352-6816
[email protected]
2. Required Services
A. General Description:
Consultant shall perform dry weather MS4 outfall field screening and monitoring, trash monitoring, sampling, and laboratory analysis at various storm drain outfalls throughout the City. Consultant shall perform upstream source identification investigations, sampling, laboratory analysis, and as-needed monitoring as authorized by the City to identify pollutant sources or support watershed requirements. Consultant shall prepare and submit to City a comprehensive report including field observations, field and laboratory test results, upstream investigations and source identifications, trash data analysis, and recommendations.
B. Detailed Description:
(1) Provide all personnel, equipment, and materials necessary to perform the dry weather MS4 Outfall and Trash Monitoring Services outlined below in compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirement for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region (Regional Water Quality Control Board (RWQCB) Order No. R9 -2013-0001, as amended and 12 City of Chula Vista Agreement No.: 2025-313
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any reissuance thereafter) and regulations promulgated by the United States Environmental Protection Agency.
(2) Consultant shall, maintain, confirm, and update City’s inventory and map of known Major MS4 Outfalls that discharge directly to receiving waters within its jurisdiction as shown in Table 5. The identified Major MS4 Outfalls have been geo -located on respective Geographic Information System (GIS) jurisdictional map of the S an Diego Bay WMA as required by Provision D.2.a.(1) of the MS4 Permit.
The jurisdictional MS4 maps contain at a minimum the following items:
o Segments of the MS4 owned, operated, and maintained by the City o Known locations of inlets that discharge and/or collect runoff into the City’s MS4 o Known locations of connections with other MS4s not owned or operated by the City o Known locations of MS4 outfalls and private outfalls that discharge runoff collected from areas within the City’s jurisdiction
o Segments of r eceiving waters within the City’s jurisdiction that receive and convey runoff discharged from the City’s MS4 outfalls
o Locations of the MS4 outfalls within City’s jurisdiction:
Latitude and longitude of MS4 outfall point of discharge Watershed Management Area
Hydrologic subarea
Outlet size
Accessibility (i.e. safety and without disturbance of critical habitat) Approximate drainage area
Classification of whether the MS4 outfall is known to have persistent non -storm water flows, transient non-storm water flows, no non-storm water flows, or unknown non-storm water flows o Locations of the selected non -storm water persistent flow MS4 outfall discharge monitoring stations within City’s jurisdiction.
(3) Perform annual field screening monitoring at all identified Major MS4 Outfall locations in Table 5 that discharge to receiving waters within the City of Chula Vista as required by Provision D.2.a(2) of the MS4 Permit. Consultant must record all data per the attached MS4 Outfall Visual Observations Field Data Sheet (Form 1) at each MS4 outfall discharge monitoring station, consistent with Table D -5 in Provision D.2. Consultant shall follow the dry weather MS4 Outfall Monitoring Program procedures in the San Diego Bay WQIP, Appendix K, Attachment A2.
o Investigate and seek to identify the source(s) of discharges of non -stormwater where flows are observed in and from the MS4 during the field screening required pursuant to Provision D.2.b.(1).
(4) Conduct semi-annual field observations at each of the highest priority Major MS4 O utfalls with non- storm water persistent flows monitoring sites in Table 6 in accordance with MS4 Permit Provision D.2.b.(2)(b). Consultant shall record all data per the attached MS4 Outfall Visual Observations Field Data (Form 1) for Non-Storm Water Persistent Flow MS4 Outfall Discharges and perform flow monitoring as described in San Diego Bay WQIP, Appendix K, Attachment A of Attachment A2. o Outfall Prioritization: Consultant shall identify five highest priority Major MS4 Outfalls with non- storm water persistent flows that will be monitored within the City jurisdiction. o The consultant may substitute a next -highest priority major outfall for a selected major outfall if one of the following criteria becomes applicable, until no qualify ing Major MS4 Outfalls remain within the City’s jurisdiction:
The non-storm water discharges have been effectively eliminated (i.e., no flowing, pooled, or ponded water) for three consecutive non-storm water monitoring events. 13 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
The source of the persiste nt flows has been identified as a category of non -storm water discharges that does not require an NPDES permit and does not have to be addressed as an illicit discharge because it was not identified as a source of pollutants. The constituents in the persistent flow non-storm water discharge do not exceed Non-storm Water Action Levels (NALs) defined in Table C-4 of Provision C.1.a. The source of the persistent flows has been identified as a non -storm water discharge authorized by a separate NPDES permit.
(5) Perform semi-annual field monitoring and collect in-situ measurements during the monitoring events at each of the selected highest priority Major MS4 Outfalls with non -storm water persistent flows monitoring sites (Table 6) . Field monitoring will be d ocumented on a field observation form, as modified from the MS4 Outfall Visual Observations Field Data Sheet. Per Table D-2 of Provision D.1, field monitoring parameters include:
o pH
o Temperature
o Specific conductivity
o Dissolved oxygen
o Turbidity
(6) Conduct analytical monitoring semi -annually during the monitoring events at each of the selected highest priority Major MS4 Outfalls with non-storm water persistent flows monitoring sites (Table 6) in accordance with MS4 Permit Provision D.2.b.(2)(e), provided suf ficient measurable flow or ponded water is present. Grab samples will be collected according to the of the MS4 Outfall Monitoring Program sampling procedures in the San Diego Bay WQIP, Appendix K, Attachment A2. Monitoring will follow Surface Water Ambien t Monitoring Program (SWAMP) protocols, including quality assurance and quality control procedures.
o Perform laboratory analysis on the collected samples from each of the selected highest priority Major MS4 Outfalls monitoring sites for analytical monitori ng as detailed per San Diego Bay WQIP, Appendix K, Attachment A2. San Diego Bay WQIP Appendix K, Attachment A5 details the analytes required for MS4 outfall for persistent flow monitoring including analytical methods and detection limits. Analytes that a re field -measured are not required to be analyzed by a laboratory. Chemical and bacterial analysis of samples will be performed by a laboratory certified for the appropriate fields of testing by the California Environmental Laboratory Accreditation Program (ELAP). The laboratory should also be a participant of the Stormwater Monitoring Coalition’s Inter calibration Program. Quality assurance and quality control procedures for laboratory analysis are outlined per San Diego Bay WQIP, Appendix K, Attachment C of Attachment A2.
o At locations where pollutant concentrations exceed Non -storm Water Action Levels (NAL’s) established in Provision C.1 of the Regional MS4 Permit and after authorization by the City, upstream investigations shall be conducted to identify the source of the discharge.
(7) Perform Physical Aesthetics Monitoring (Trash Assessment) at six (6) paired receiving water sites and Major MS4 Outfall monitoring locations identified in Table 7 using attached Trash Assessment Form (Form 2) as outlined by the San Diego Bay Water Quality Improvement Plan Appendix K, Attachment A3. Monitoring approach, frequency and timing are summarized below:
o Wet Weather Monitoring, Wet Season
Annually inspect after wet weather event during wet season. Sample within 72 hours of a storm.
14 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
Inspect predetermined transect of 2-25 feet (standard area) from major outfall MS4 sites. Assess major outfall MS4 site when assessing receiving water. o Dry Weather Monitoring, Dry Season
Annual inspection during dry weather season (May 1 – September 30) Inspect predetermined transect of 2-25 feet (standard area) from major outfall MS4 sites. Assess major outfall MS4 site when assessing receiving water. o Dry Weather Monitoring, Wet Season
Annual inspection during dry periods of the wet season (October 1 – April 30), 72 hours or more after storm event
Perform MS4 inspections at all locations
Inspect predetermined transect of 2-25 feet (standard area) from major outfall MS4 sites. Assess major outfall MS4 site when assessing receiving water.
(8) Conduct Physical Aesthetics Monitoring (Trash Assessment) at MS4 Outfall monitoring sites within the focused priority areas identified in Table 8 using attached Trash Assessment Form (Form 2) as detailed in the San Diego Bay Water Quality Improvement Plan Appendix K, Attachment A3.
(9) Confined space entry is generally not required at the locations identified in Tables 5, 6, 7 and 8 .
However, two-person crews may be required to ensure the safety of the field personnel. If additional upstream testing is necessary, confined space entry may be required. The Consultant will be required to provide all safety equipment, materials, and to ols necessary to accomplish the field screening and sampling.
(10) Perform source identification per MS4 Permit section E.2.d.(2)(c). Notify the City of any discharge, which may endanger the public health or safety and/or the environment immediately and in wr iting within 24 hours of the time the Consultant becomes aware of said discharge.
(11) Perform additional sampling and chemical analysis, as authorized by the City, as may be necessary to identify pollutant and/or non-storm water discharge sources.
(12) Perform all sampling, handling, and testing of laboratory samples in accordance with 40 Code of Federal Regulations (CFR) Part 136. Consultant’s laboratory shall be certified to perform such analysis by the California Department of Health Services.
(13) Provide the City with MS4 Outfall and Trash Monitoring Assessment report in a format acceptable to the RWQCB, as required in the NPDES Municipal Permit, Order No. R9 -2013-0001 as amended and updated, and as required for inclusion in regional databases. Reports include but are not limited to:
o Known and suspected controllable sources (e.g., facilities, areas, land uses, pollutant generating activities) of transient and persistent flows;
o Sources of transient and persistent flows that have been reduced or eliminated; o Necessary modifications to monitoring locations and inspection frequencies necessary to identify and eliminate sources of persistent flows;
o Ranked persistently flowing outfalls according to potential threat to receiving water quality and provide updated prioritized list of outfalls;
o Known and suspected sources that may cause or contribute to NAL exceedances; o Analyze data collected as part of the MS4 Permit-required dry weather outfall monitoring; o Identify and evaluate progress in achieving non-storm water volume and load reductions; o Estimated annual non -storm water volumes and loads discharged from the City’s Major MS4 15 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
Outfalls to receiving waters, with an estimate of the percent contribution from each known source for each MS4 outfall.
o Analysis of trash data collected as part of Physical Aesthetics Monitoring, including types of trash and potential source(s);
o Datasharing spreadsheet in CEDEN format as established by the San Diego Bay Watershed Copermittee group.
(14) Provide the City of Chula Vista with all original data, reports, records, etc., of dry weather MS4 Outfall Discharge and Trash Monitoring Services, as well as certified copies of all calibration, quality assurance, and maintenance records. Further, the consultant shall maintain copies of all re cords related to dry weather MS4 Outfall Discharge and Trash Monitoring Services performed under the contract for a minimum of five years from the date of sampling, measurement, report, etc. This period may be extended due to possible unresolved litigatio n regarding a discharge or when requested by the City of Chula Vista or the Executive Officer of the Regional Water Quality Control Board. All reports shall be in a format acceptable to the Regional Water Quality Control Board and compatible with the San Diego Copermittees’ Regional Monitoring reporting standards and the San Diego Bay WQIP Monitoring and Assessment Plan.
Deliverable Description Task Completion Date
1 Dry weather MS4
outfall and trash
monitoring services
Complete field screening, visual
observations, field monitoring,
laboratory analysis, and trash
assessment at all outfall locations
identified in Tables 5,6,7, and 8.
Provide City with all original
data, photos, reports, records etc.;
certified copies of all laboratory
reports.
Monitoring should
occur between October
1 and June 30 of the
following year
Data shall be provided
by July 25 of each year
2 Source identification
upstream investigations
Provide City with written reports
of field screening, analytical
monitoring, and source
identification upstream
investigations performed in
conjunction with Deliverable 1
activities to identify the upstream
sources of pollutant detected or
observed during field screening.
In conjunction with
Deliverable 4
3 As-needed monitoring
If requested and authorized by
City, conduct additional field
screening, monitoring, and
analysis on an on-call, as-needed
retainer basis throughout the term
of the Agreement.
Provide City with data
within 10 working days
of the completion of
said work.
Provide reports in
conjunction with
Deliverable 4
4 MS4 Outfall and Trash
Monitoring Report
Provide City with electronic
draft(s), one hard copy of final
report with map, and
downloadable electronic copy
Within 30 working days
of completion of field
screening
16 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin November 4, 2025 and end on June 30, 2028 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below:
TABLE 1 – Compensation
TASK BUDGET FOR EACH TASK/
FISCAL YEAR
1. Dry weather MS4 Outfall Monitoring Services and Reports (Deliverables 1 and 4) NOT-TO-EXCEED $67,232
1.1 Monitoring, Routine Sampling, and Reporting Costs NOT-TO-EXCEED $62,672
1.2 PAHs, PCBs, and Mercury Sampling Costs1 NOT-TO-EXCEED $4,560
2. Source Identification Upstream Investigations (Deliverable 2)2 ESTIMATE $25,000
3. As-needed Monitoring Services Throughout the Term of the Agreement (Deliverable 3)2 ESTIMATE $25,000
Maximum Total Compensation for Fiscal Years 2026, 2027, and 2028 TOTAL $117,232
1 This task breaks down the cost for 12 analyses of PAHs, PCBs, and mercury (10 routine samples, 1 blank, and 1 duplicate).
Although these analytes are not yet formally included in the WQIP monitoring plan posted on Project Clean Water, the San Dieg o Bay WQIP group has discussed individual jurisdictions potentially running these tests as a conservative approach in response to recent Regional Board comments. This decision is up to each jurisdiction; some agencies are planning to run the extra tests, and others are not. If the City of Chula Vista ultimately decides not to include these analytes, this cost will not be charged to the City as part of routine monitoring. Subtasks 1.1 and 1.2 are included in Table 4 to show how much of the Task 1 cost is from these additional tests. Subtask1.1 is all scoped work for Task 1 except for the additional analytes, and Subtask 1.2 is the cost of the additional analytes only.
2 Estimated cost; may be adjusted at the City’s discretion.
Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of $ 67,232 for completion of Deliverables 1 and 4, the Consultant agrees that Consultant will perform the Defined Services herein required of the Consultant to complete those deliverables, listed in Exhibit A, Tables 5, 6, 7, and 8 including materials and other “reimbursables.” Consultant agrees to perform the Defined Services herein required for Deliverables 2 and 3, which are undefined as to the 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 2 and 3 are exhausted, Consultant and City shall renegotiate the funding for Deliverables 2 and 3 before Consultant proceeds with further work.
Subject to stipulations of Exhibit A, Paragraph 5, unit rates for Fiscal Years 2029 and 2030 will increase by 3.5% annually. Accordingly, the Not -to Exceed Limitation on Time and Materials for Deliverables 1 and 4 will be increased to $ 69,585 and $72,020 for the fourth and fifth years respectively, if the City exercises its option to extend the agreement in each of these years. Also, the budget for Deliverables 2 and 3 will be estimated annually.
17 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
TABLE 2 – Personnel Rate Fee Schedule
Category of Employee of Consultant* Hourly Rate ($)
Principal $198
Project Manager** $175
Senior Engineer/ Scientist $165
Project Engineer/ Scientist $155
Assistant Project Scientist/ Engineer $145
Staff Scientist/ Engineer II $121
Staff Scientist/ Engineer $109
2-Person Field Crew $230
3-Person Field Crew (For Confined Space Entry Only) $380*** Field Technician $110
Drafter/ CAD Operator $95
Word Processor $90
* Rates include all categories listed in the RFP plus other D-Max categories that may assist in as-needed tasks. The main categories expected to perform work on this project are 2 -Person Field Crew, Staff Scientist/Engineer, Staff Scientist/Engineer II, Assistant Project Scientist/Engineer, and Project Manager. We assum e the project will not involve prevailing wage work.
** Appearance as expert witness at court trials, mediation, arbitration hearings, and depositions will be charge at $ 300/hour. Time spent for such appearances will be charged at the above standard hourly rates.
*** Confined space entry vehicle/equipment charge listed in Table 2 also applies when confined space entry work is performed.
NOTE: Subject to stipulations of Paragraph 5 of Exhibit A to the Agreement (Attachment 3), the above rates will increase by 3.5% per year for the fourth and fifth years.
TABLE 2.A – NV5 Personnel Rate Fee Schedule
Category of Employee of Consultant Hourly Rate ($)
Senior Principal $245
Principal $235
Senior III $225
Senior II $215
Senior I $210
Staff III $180
Staff II $170
Staff I $160
Associate III $150
Associate II $140
Associate I $130
Specialist III $120
Specialist II $110
Specialist I $100
Financial Analyst II $105
Financial Analyst I $90
Administrative I $80
18 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
TABLE 2.B – Dudek Personnel Rate Fee Schedule
Category of Employee of Consultant Hourly Rate ($)
3D Production Manager $230
Analyst I $110
Analyst II $130
Analyst III $140
Analyst IV $150
Analyst V $160
CADD Drafter $180
CADD Operator I $160
CADD Operator II $205
Collection Maintenance Worker $90
Collection System Manager $155
Construction Inspector $155
Construction Manager $195
District General Manager $235
District Secretary/ Accountant $155
Engineering Assistant $130
GIS Analyst III $195
GIS Analyst IV $210
Grade I Operator $95
Grade II Operator $100
Grade III Operator $120
Grade V Operator $145
HazMat Field Technician $140
Hydrogeologist/ Engineering Assistant $155
Prevailing Wage Inspector $165
Principal Engineer I $300
Principal Engineer II $310
Principal Engineer III $330
Principal Hydrogeologist/ Engineer I $310
Principal Hydrogeologist/ Engineer II $320
Principal Hydrogeologist/ Engineer III $330
Principal Manager $225
Program Manager $285
Project Coordinator II $165
Project Director Engineering $355
Project Director/ Environmental $310
Project Director Hydrogeology $355
Project Engineer I/Technician I $200
Project Engineer II/ Technician II $220
Project Engineer III/ Technician III $230
Project Engineer IV/ Technician IV $240
Project Hydrogeologist/ Engineer I $195
Project Hydrogeologist/ Engineer II $205
Project Hydrogeologist/ Engineer III $215
Project Hydrogeologist/ Engineer IV $225
Project Hydrogeologist/ Engineer V $235
Project Manager/Construction Management $180
Project Manager/ Engineering $275
Senior Designer I $210
19 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
Senior Designer II $220
Senior Engineer I $250
Senior Engineer II $260
Senior Engineer III $270
Senior Project Director Environmental $365
Senior Project Manager/ Engineering $285
Senior Specialist I $230
Senior Specialist II $245
Senior Specialist III $260
Senior Specialist IV $275
Senior Specialist V $285
Specialist I $170
Specialist II $180
Specialist III $195
Specialist IV $205
Specialist V $220
Sr. Hydrogeologist I/ Engineer I $245
Sr. Hydrogeologist II/ Engineer II $255
Sr. Hydrogeologist III/ Engineer III $265
Sr. Hydrogeologist IV/ Engineer IV $275
Sr. Hydrogeologist V/ Engineer V $285
Survey Crew Chief $205
Survey Lead $310
Survey Manager $270
Technician I $75
Technician II $85
Technician III $95
Technician IV $105
UAS Pilot $170
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
Table 3 – Field Screening Rate Fee Schedule
Item Unit Cost ($)*
Vehicle, Per Day (includes mileage) $98
Safety Equipment, Per Day No Charge**
Confined Space Entry Safety Equipment, Per Day $570***
pH, Per Test No Charge
Temperature, Per Test No Charge
Specific Conductivity, Per Test No Charge
Dissolved Oxygen, per Test No Charge
Turbidity, Per Test No Charge
* Field screening test shall be performed according to Attachment B of Attachment A2 to Exhibit K to the San Diego Bay WQIP
**Standard safety equipment is included in the daily vehicle charge and the hourly rates listed in Table 1. ***Confined space entry includes associated vehicle use and safety equipment (tripod, harness, multirae gas meter).
NOTE: Subject to stipulations of Paragraph 5 of Exhibit A to the Agreement (Attachment 3), above rates will increase by 3.5% per year for the fourth and fifth years. 20 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
TABLE 4 – Laboratory Analysis Rate Fee Schedule
TEST Unit Cost Per Test ($)*
Total Dissolved Solids $30
TSS $30
Turbidity No Charge1
Total Hardness $40
MBAS $50
Color $20
Nutrients, Ammonia $35
Nutrients, Ortho-P $35
Nutrients, Nitrate2 No Charge3
Nutrients, Nitrite2 No Charge3
Nutrients, TKN No Charge3
Nutrients, Total N $110
Nutrients, Total P $10.50
Metals, Cadmium (Total & dissolved) $21
Metals, Chromium (Dissolved & Total) No Charge4
Metals, Chromium III (Total & dissolved) $80
Metals, Chromium VI (Total & dissolved) No Charge4
Metals, Copper (Total & dissolved) $21
Metals, Iron (Total & dissolved) $21
Metals, Lead (Total & dissolved) $21
Metals, Manganese (Total & dissolved) $21
Metals, Nickel (Total & dissolved) $21
Metals, Selenium (Total & dissolved) $21
Metals, Silver (Total & dissolved) $21
Metals, Zinc (Total & dissolved) $21
Metals Prep Fee5 $30
Total Coliform Bacteria No Charge8
Enterococcus Bacteria $54.827
Fecal Coliform Bacteria6 $61.877
Chlorpyrifos (OP Pesticide) $250
Synthetic Pyrethroids $250
Dissolved Organic Carbon $55
Total Organic Carbon $65
Polycyclic Aromatic Hydrocarbons (PAHs) $150
Polychlorinated Biphenyls (PCBs) $170
Metals, Mercury (Dissolved & total) $60
CEDEN format fee $409
* Laboratory tests shall be performed according to the procedures described in Attachment B of Attachment A2 to Exhibit K to the San Diego Bay WQIP, and will follow Surface Water Ambient Monitoring Program (SWAMP) protocols. If additional tests not included in the above table are requested or later required (e.g. after Permit reissuance) the cost of analyses will be passed along without markup.
NOTE: Subject to stipulations of Paragraph 5 of Exhibit A to the Agreement (Attachment 2), above rates will increase by 3.5% per year for the fourth and fifth years. 1Turbidity is completed as a field test, which will not incur a charge as described in Table 2. In the unlikely event that a laboratory test is required, we will charge the test at cost. 2Will be reported as a combined nitrate + nitrite test, as allowed by the Regional MS4 Permit. 3Results for these tests are provided when a total nitrogen test is run. Therefore, no separate costs for these tests will be assessed when a total nitrogen test is run. If the individual tests are needed, e.g., as part of a special study, they will be charged at cost.
21 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
4Chromium and chromium IV are included in the cost of the Chromium III test. If individual chromium or chromium IV are requested without running a chromium III test, which is not anticipated, the cost of the analyses will be charged at cost.
5When analyzing metals, the lab charges one metals filtration and digestion fee for each sample that includes at least one metals test. When more than one metals test is run on a sample, there is only one metals prep fee for that sample.
6Fecal coliforms will be substituted for E. coli, as allowed in Table D -7 of the MS4 permit, and which better aligns with current Basin Plan Water Quality Objectives for recreational use. If a standalone fecal coliform test is required to be run, e.g., as part of a special study, it will be charged at cost. 7This price includes the costs of two dilutions. Dilutions are used to achieve the desired quantification ranges.
8Total coliform and E. coli (as noted above, E. coli will be tested in place of fecal coliform) are run as a combined test, so the cost for total coliform is included as part of the E. coli test. The price of the test is the same whether results are provided for E. coli and total coliform, E. coli only, or total coliform only. 9This fee is assessed per lab report, not per test. For example, if samples from three sites are submitted to the lab on one day, one CEDEN fee is assessed for the report that presents the results from all tests for those three sites.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2028 shall not exceed $117,232 per Fiscal Year.
5. Special Provisions:
☒ Permitted Sub-Consultants:
1. Weck Laboratories, Inc.
2. San Diego County Water Quality Laboratory
3. Physis Environmental Laboratories, Inc.
4. Alpha Analytical Laboratories, Inc.
5. AP Genomic Labs
6. NV5
7. Dudek
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for two (2) additional one-year terms or Fiscal Years 2029 and 2030 . The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to 3.5 Percent for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document.
☒ Other: Delivery and Acceptance of Reports to the satisfaction of the Assistant Director of Engineering
22 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), 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 Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
23 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act 2 and the Chula Vista Conflict of Interest Code 3 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.4
☒ A. Consultant will not exert influence over the official or contracting decisions of City and is therefore EXCLUDED5 from disclosure.
☐ B. Consultant WILL exert influence over the official or contracting decisions of City and their disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding fili ng requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 3 Chula Vista Municipal Code §§2.02.010-2.02.040.
4 Cal. Gov. Code §§53234, et seq.
5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decis ion; “individual” does not include corporation or limited liability company).
24 City of Chula Vista Agreement No.: 2025-313
Consultant Name: D-MAX ENGINEERING, INC. Rev. 3/3/2025
Completed by: Marisa Soriano
EXHIBIT D
CONSULTANT LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer 6 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $ 500 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract .
The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract . The Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; or contracts between two or more agencies.
☒ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☐ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows:
Current Officers can be located on the City of Chula Vista’s websites below:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us Planning Commissioners – www.chulavistaca.gov/pc
Candidate for Elected Office – www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $500 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement?
YES: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☐
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $500 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement?
YES: ☐ If yes, which Officer(s): Click or tap here to enter text.
NO: ☐
Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement.
6 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308