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November 4, 2025
ITEM TITLE
Agreement: Approve an Agreement with D-Max Engineering, I nc. for National Pollutant Discharge Elimination System MS4 Outfall, Trash, and As-Needed Monitoring Services Report Number: 25-0214
Location: No specific geographic location
Department: Engineering & Capital Projects
G.C. § 84308 Regulations Apply: No
Environmental Notice : The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities).
Recommended Action
Adopt a resolution approving an agreement between the City of Chula Vista and D-Max Engineering, Inc.
SUMMARY
The City of Chula Vista is required to perform dry weather Municipal Separate Storm Sewer System (MS4) outfall discharge monitoring to identify, prioritize, control, and monitor non -storm water and illicit discharges within its jurisdiction. Monitoring includes but is not limited to field screening, field monitoring, field sampling and laboratory analysis and trash assessment monitoring at identified locations throughout the City. Due to the expertise and specialized equipment necessary to perform these services, it is necessary to retain an outside consultant. Proposals were requested from qualified engineering and environmental consulting firms. One proposal was received from D -Max Engineering Inc. and staff determined that they were qualified.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resourc e. Thus, no further environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In May 2013, the San Diego Regional Water Quality Control Board (RWQCB) adopted Order No. R9 -2013- 0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100 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 (Municipal P ermit).
Municipal Permit Provisions E.2.c and E.2.d require the City to perform dry weather MS4 outfall monitoring to detect non-storm water and illicit discharges within its jurisdiction and to prioritize the dry weather MS4 discharges that will be investigated and eliminated.
Due to the expertise and specialized equipment necessary to perform MS4 outfall and trash monitoring services, staff determined it necessary to retain an outside consultant and requested proposals from qualified engineering and envi ronmental consulting firms. In accordance with City of Chula Vista Municipal Code Section 2.56.110, on August 22, 2025, the Engineering and Capital Projects Department advertised a Request for Proposals (RFP) for consultant services to conduct MS4 Outfall , Trash, and As -Needed Monitoring Services for Fiscal Years 202 5-26, 2026 -27, and 202 7-28. One proposal was received from D -Max Engineering, Inc.
After careful consideration of consultant qualifications and experience , staff determined that D-Max Engineering, Inc. is a qualified firm. D-Max Engineering, Inc. has extensive experience completing MS4 outfall monitoring programs for various jurisdictions in the San Diego Region, has adequate resources to complete the work, and is familiar with the City’s drainage system from through prior service as the City’s Dry Weather Monitoring Consultant . D -Max Engineering, Inc. has consistently provided storm water services in an efficient and timely manner and supported the City in maintaining compliance with Municipa l Permit requirements.
Staff recommends that Council approve the Agreement with D-Max Engineering, Inc. to perform MS4 outfall, trash, and as-needed monitoring services for the City of Chula Vista.
The Scope of Services as outlined in the Request for Proposals and detailed in the Agreement consists of four major components as follows:
1. Deliverable 1 –Dry Weather MS4 Outfall and Trash Monitoring Services
2. Deliverable 2 – Source Identification Upstream Investigations
3. Deliverable 3 – As-Needed Monitoring
4. Deliverable 4 – MS4 Outfall and Trash Monitoring Report While quantities for Deliverables 1 and 4 are fixed and known, those for Deliverables 2 and 3 are dependent upon unforeseeable factors, including the number of pollutant observations and difficulty of source identification. For this reason, a not-to-exceed amount has been set for Deliverables 1 and 4, and an estimated not-to-exceed budget has been anticipated to cover the costs for Deliverables 2 and 3.
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Deliverables 2 and 3 will be compensated based o n actual time and materials in accordance with the unit rates outlined in the Agreement. The amount of time and materials for upstream and as -needed investigations are not known at this time; however, any work in this category will require prior approval by the City. An estimated not-to-exceed budget of $ 50,000 per fiscal year is anticipated for fiscal years 2025- 26, 2026-27, and 2027-28 to cover the cost of Deliverables 2 and 3.
Approval of this resolution authorizes the Agreement between the City of Chula Vista and D-Max Engineering, Inc. to perform MS4 outfall , trash, and as-needed monitoring services at a cost not to exceed $117,232 per fiscal year for fiscal years 2025-26, 2026-27, and 2027-28.
The initial agreement will be in effect from November 4, 2025 through June 30, 2028. Provisions are included allowing the agreement to be extended, at the City’s sole discretion, for two additional one-year terms. Unit rates for all tasks will increase by 3.5% annually for each addition al year. The t wo- year extension option was included in the RFP and the proposed agreement to encourage better hourly rates and unit costs, to avoid the time -consuming selection process each year, and to maintain continuity in the overall program.
Approval of the proposed resolution authorize s the option to extend the Agreement for up to t wo years, contingent upon satisfactory performance by the consultant and available funding.
Failure to comply with any aspect of the City’s NPDES Municipal Permit may expose the City to enforcement action by the Regional Board or third-party lawsuits.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdi ngs of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Sufficient funding to cover the cost of MS4 outfall, trash, and as-needed monitoring services is available in the fiscal year 2025-26 Storm Drain Revenue NPDES Program operating budget (Fund 301) Supplies and Services budget category. Approval of this action will not result in an additional impact to the Storm Drain Fund or the General Fund.
ONGOING FISCAL IMPACT
The total annual not-to-exceed amount is $117,232 per fiscal year for fiscal year 2025-26 through FY 2027-
28. If the City elects to exercise either of the two optional one-year extensions, unit rates for all tasks will increase by 3.5% annually. The costs associated with this program will continue to be incorporated into the operating budgets of upcoming fiscal years within the Storm Drain Revenue (NPDES) Program (Fund 301).
ATTACHMENTS
1. Agreement with D-Max Engineering, Inc.
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Staff Contact: Marisa Soriano, Storm Water Program Manager Eddie Flores, Assistant Director of Engineering/City Traffic Engineer