HomeMy WebLinkAboutAgenda Report - September 19, 2012 C-05AGENDA ITEM Cgo So
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Professional Services
Agreement and Extensions with WGR Southwest, Inc., of Lodi, for Storm Drainage
Permit Compliance Services ($39,855)
MEETING DATE: September 19, 2012
PREPARED BY: PublicWorks Director
RECOMMENDEDACTION: Adopt resolution authorizing City Manager to execute professional
services agreement and extensions with WGR Southwest, Inc., of Lodi,
for storm drainage permit compliance, in the amount of $39,855.
BACKGROUND INFORMATION: The State Water Resource Control Board issued to the City of Lodi
PermitWDID No. 5B39NP00028 that governs the discharge of storm
water runoff. A condition of that permit requires regular wet season
inspections of construction site best management practices be performed for all regulated construction sites
as well as annual reporting of the storm drain activities. The wet season is defined as October 1 through
April 15. On May 16, 2007, City Council approved a professional services agreement with WGR Southwest,
Inc., of Lodi to perform these services. This contract has been extended over the past several years;
however, the required scope has grown significantly due to expanded regulatory requirements.
The State adopted the Construction General Permit on September 2, 2009, which requires construction
sites be inspected, monitored, and annual reports for each site completed throughout the Storm Water
Pollution Prevention Plan (SWPPP) permit duration. Construction site SWPPP plan review services have
been included in the scope of services. Development Standards Plan site compliance review services
have also been included as an option if needed by the City.
The two-year professional services agreement, which includes an option for two two-year extensions, has
a projected cost of $39,855 per year if all the services are utilized.
FISCAL IMPACT: A portion of the inspection costs will be offset by revenues from the Storm
Drainage Permit Compliance Inspection Fees. Non-compliance with the
reporting requirements could subject the City to fines.
FUNDING AVAILABLE: Storm Drain Maintenance (170405) $39,855 per year
Jordan Ayers
Deputy City Manager/Internal Services Director
J�Uat4j
F. Wally Wndelin
Public Works Director
Prepared by Kathryn E. Garcia, Compliance Engineer
FWS/KMG/pmf
cc: Deputy Public Works Director— Utilities
Compliance Engineer s
APPROVED:
K:\WP\Stormwater\CStorm Inspection— WG RAgmt.doc
, City Manager
9/4/2012
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE I
Section 1.1 Parties
THIS AGREEMENT is entered into on October , 2012, by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
WGR SOUTHWEST, INC. (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for Annual
Stormwater Services (hereinafter "Project") as set forth in the Scope of Services
attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide
such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
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counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on October 6, 2012 and terminates
upon the completion of the Scope of Services or on October 5, 2014, whichever occurs
first.
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Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two
(2) two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed six (6) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
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CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of ils employees or in the engagement � gent of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
4
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Kathryn E. Garcia, Compliance Engineer
5
To CONTRACTOR: WGR Southwest, Inc.
11780 N. Highway 99
Lodi, CA 95240
Attn: John Terayskis
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
6
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Intearation and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
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Section 4.10 Severabilitv
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit apply to this contract. In the event of a conflict between the terms of this
contract or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
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ATTEST:
RANDIJOHL
City Clerk
CITY OF LODI, a municipal corporation
KONRADT BARTLAM, City Manager
APPROVED AS TO FORM: WGR SOUTHWEST, INC
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By:
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Funding Source:170405
(Business Unit& Account No.)
Doc ID:WP\Projects\PSAs\WGR_Stormwater Services
CA:rev.01.2012
By:
Name: JOHN TERAVSKIS
Title: COMPLIANCE SPECIALIST
9
. %'oi Yc>tn����icr�l L�;crosu/ic�t�t
August 24,2012
Ms. Kathryn Garcia
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
RE: Proposed Scope of Work — MS4 Program Support for the
2012-2013 Storm Water Season
Dear Ms. Garcia,
WGR Southwest, Inc. (WGR) is pleased to provide the City of Lodi with this proposal and scope
of work to assist the City of Lodi with its MS4 Permit compliance program for the 2012-2013
storm water season. The following is the scope of work that we are proposing.
A. The Storm Water Construction Element:
Construction Inspections (Monthly Inspections) — These inspections will be
performed at all active construction sites having submitted a NOI for General Permit
coverage within the City of Lodi on a monthly basis. The initial inspection will
consist of a precursory review of the SWPPP. All site visits will include an
inspection of the construction site and its BMPs, completion of a compliance
checklist, review of the inspection findings with the site construction supervisor, if
available, and preparation of an internal report and other supporting documentation
for your Department. The construction inspections will be conducted from October
through April as required by the City's SWMP.
Construction Inspections (Follow-up Visits) — Follow-up inspections will be
performed where significant compliance deficiencies were identified during the
monthly visit that require follow up sooner than the next monthly inspection. We
will complete another compliance checklist, review the inspection findings with the
site supervisor, if available, and prepare an internal report and other supporting
documentation for your Department.
Construction Annual Reports (Annual) — WGR will complete the Annual Report
for City -owned projects that had more than three continuous months of construction
during the storm water year where the City of Lodi was designated as the LRP.
WGR will complete the Annual Report on the SMARTS System and compile and
review all Inspection Reports, Monitoring Data, Training Records, and Weather
supporting documentation associated with the annual report.
11780N. Hwy. 99 • Lodi, CA 95240 • (209) 334-5363 • Fax (209) 334-5374
Los Alamitos, CA • Lodi, CA
MS4 Support Proposal for the
City of Lodi
Storm Water Year 2012-2013
Page 2
® QSP Services for CIP Projects — WGR will provide a State Certified QSP to assist
the City of Lodi for compliance inspections at their active CIP projects. These
inspections will include Rain Event Action Plans (REAPs), weekly, pre -storm,
during storm, post -qualifying storm event, contained storm water release, and
quarterly non -storm water inspections.
Review of submitted SWPPPs — WGR will review SWPPP plans submitted
through the plan check process. The SWPPPs will be reviewed for compliance to
City ordinances and with the State's Construction General -Permit.
B. The Storm Water Design Standards Element:
Development Standards Plan (DSP), Site Compliance Reviews & Annual
Compliance Reviews — As an option and additional service to the City's storm
water program, WGR proposes to perform DSP site compliance checks, of each
active construction site for which the DSP was applicable. The compliance check
will include an initial review of the DSP conditions identified in the plan check
process. Each active site will be checked monthly for DSP compliance to make sure
the storm water treatment control measures are being installed to the plan check
specifications. The monthly visit will be incorporated into the monthly construction
site inspection.
DSP Annual Inspections — WGR can also perform the annual DSP inspections
required in the MS4 permit. The purpose of the inspections is to confirm that the
post -construction BMPs are being maintained as specified in the maintenance
agreement submitted to the City by the developer.
® Review of Submitted DSP Plans — WGR can assist the plan checkers by reviewing
plans submitted by developers for compliance with the City's Storm Water
Development Standards Plan.
C. Other MS4 Permit Support:
MS4 Annual Report Preparation — WGR will prepare the City's annual storm
water report as required by the Phase II MS4 NPDES Permit. The annual report is
due on September 15 of each year. WGR will compile the information needed for
preparing this report, obtain input from the various departments that are responsible
for the compliance activities; perform an effectiveness evaluation of the BMPs and
control measures identified in the SWMP; and prepare a draft of the annual report.
The draft will be presented to you and others who you designate at the City for their
review and comment by August 31. Once comments are received, we will finalize
the report and submit it to you for signature and distribution.
MS4 Support Proposal for the
City of Lodi
Storm Water Year 2012-2013
Page 3
Proposed Costs:
WGR proposes to perform the above scope of work items on a unit cost basis:
Monthly Construction Inspections (First Time Inspection)
$175/location
Monthly Construction Inspections (Subsequent Months)
$135/inspection
Follow-up Construction Inspections (As required)
$135/inspection
Construction Annual Report Compilation/ Submission
$1,100/per site
Notice of Termination (NOT)
$350/per site
Monthly DSP site compliance visit (incorporated into monthly construction inspection)
$45/inspection
Annual DSP maintenance inspection
$225/inspection
MS4 Annual Report
$2,950/annually
QSP Services — All Inspections
$145 per inspection
Rain Event Action Plan (REAPs) Inspections — Risk Level 2 Sites Only
$325 per REAP
Sampling and Monitoring — Risk Level 2 Sites Only
$225 per sampling event
SWPPP Review for Compliance with City & State Requirements
$4501review
Froject-specific DSP Review for Compliance with City & State Requirements
$450/review
We thank you for this opportunity to serve you and we look forward to working with the City of
Lodi, on this project. If I can answer any questions concerning our proposal, please do not
hesitate to call me or to schedule another meeting to discuss the proposed scope of work.
Respectfully,
WGR Southwest, Inc.
001 i % , , ;
John M. Terayskis
Compliance Specialist
WGR Southwest, Inc.
Estimated Annual Costs for City of Lodi MS4 Permit Support
Construction Program Element:
MS4 Inspection and SWPPP Review Program:
Monthly MS4 Construction Inspections (First Time Inspections)
Monthly MS4 Construction Inspections (Subsequent Months)
Follow-up MS4 Construction inspections (as required)
SWPPP Review as a part of the Plan Check Process
City -Owned Projects CGP Compliance:
QSP Inspections
QSP Sampling and Monitoring
Rain EventAction Plan Inspections (Risk Level 2 Sites only)
Construction Annual Report Compilation/Submission
Notice of Termination (NOT)
DSP Program Element:
DSP Site ComplianceVisit (incorporated into monthly construction inspections
DSP (Post construction, annual inspection for BMP maintenanceand upkeep)
Reviewcf Project -Specific DSP Plans
Other MS4 Permit Support:
MS4Annual Report Preparation
ExhibitB
10 Sites
@
$175 Perinspection
$1,750
7 Monthly Inspections
for
10 Sites
@
$135 Perinspection
$9,450
8 Follow-up Inspections
@
$135 Per re -inspection
$1,080
10 projects
@
$450 Perinspection
$4,500
30 Field inspections
@
$145 Per inspection
for
1 project
$4,350
12 Sample events
@
$225 Perinspection
for
1 project
$2,700
15 REAP Preparations
@
$325 Perinspection
for
1 project
$4,875
1 Annual Report
@
$1,100 Per Report
for
1 project
$1,100
1 NOT Pireparation
@
$350 Per NOT
for
1 project
$350
10 Inspections
@
$45 Perinspection
$450
8Inspections
@
$225 Per inspection
$1,800
10 projects
@
$450 Perinspection
$4,500
1 Report
@
$2,950 Lum Sum
$2,950
Total Estimated Cost:
$39,855
x Exhibit C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations under this contract, whether
such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of
them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$3,000,000 Ea. Occurrence
$3,000,000 Aggregate
3. PROFESSIONAL LIABILITY 4.
$3,000,000 Ea. Occurrence
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage- Ea. Occurrence
POLLUTION LIABILITY
$3,000,000 Ea. Occurrence
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a
claims period following termination of coverage which is at least consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
NOTE: 4C IT to street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of the ro'ect that it is insuring.
A copy of the certificate of insurancewith the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed
Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds.
(This endorsement shall be on a form furnished to the City and shall be inciuded with Contractor's policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance.
Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
(c) Completed Operations Endorsement
For three years after completion of project, a certificate of insurance with a Completed Operations
Endorsement, CG 20 37 07 04 will be provided to the City of Lodi.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall
not operate to increase the limit of the company's liability.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled northe coverage reduced by the company without 30 days' prior written notice
of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's
Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is
sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any
class of employees engaged in hazardous work under this contract at the site of the project is not protected under the
Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide
insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the
company without 30 days' priorwritten notice of such cancellation or reduction in coverage to the Risk Manager, City
of Lodi, 221 W. Pine St., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi is required.
NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate
is received by the City.
RESOLUTION NO. 2012-144
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT AND TO NEGOTIATEAND EXECUTE
AGREEMENT EXTENSIONS FOR STORM DRAINAGE
PERMIT COMPLIANCE SERVICES
WHEREAS, the State Water Resource Control Board issued to the City of Lodi Permit
WDID No. 5839NP00028 that governs the discharge of storm water runoff, and a condition of
that permit requires regular wet season inspections of construction site best management
practices be performed for all regulated construction sites, as well as annual reporting of the
storm drain activities; and
WHEREAS, on May 16, 2007, City Council approved a Professional Services
Agreement with WGR Southwest, Inc., of Lodi, to perform these storm drainage permit
compliance services; and
WHEREAS, the agreement with WGR Southwest, Inc., has been extended over the past
several years; however, the required scope has grown significantly due to the expanded
regulatory requirements; and
WHEREAS, staff recommends executing a two-year Professional Services Agreement,
including an option for two 2 -year extensions, with WGR Southwest, Inc., of Lodi, California.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a two-year Professional Services Agreement in the
amount of $39,855 per year with WGR Southwest, Inc., of Lodi, California, for storm drainage
permit compliance services; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to negotiate and execute up to two 2 -year extensions to the agreement.
Dated: September 19, 2012
------------------------------------------------------------------------
........................................................................
hereby certify that Resolution No. 2012-144 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held September 19, 2012, by the following vote:
AYES: COUNCIL MEMBERS —Johnson, Katzakian, Nakanishi, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— Hansen
ABSTAIN: COUNCIL MEMBERS— None
t:1HL
City Clerk
2012-144