HomeMy WebLinkAboutAgenda Report - November 15, 2016 B-09 SMCITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
B9
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 4 to
Professional Services Agreement with WGR Southwest, Inc., of Lodi, for Storm
Drainage Permit Compliance Services ($199,430)
MEETING DATE: November 15, 2016
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
Adopt Resolution authorizing City Manager to execute Amendment
No. 4 to Professional Services Agreement with WGR Southwest,
Inc., of Lodi, for Storm Drainage Permit Compliance Services, in the
amount of $199,430.
BACKGROUND INFORMATION: On September 19, 2012, City Council approved a Professional
Services Agreement with WGR Southwest, Inc., to perform wet
season stormwater inspection services. Stormwater inspections are
required by the City's stormwater discharge permit, issued by the State of California, and are intended to
assure best management practices are being used to control sediment run off during rainfall events on
active construction sites.
Amendment No. 1 was executed on October 9, 2014 and expanded the scope of services to include
additional inspections and compliance review activities, Amendment No. 2 was executed on July 29, 2015
which included stormwater compliance services for the construction of the Lodi Lake Boat Ramp
Improvements, and Amendment No. 3 was executed on October 11, 2016 and extended the term of the
contract through December 31, 2016 without increasing the contract amount. Amendment No. 4 will
extend the term of the agreement through December 31, 2018 and increase the fees by $199,430, if all
services are utilized.
The City's current Stormwater Discharge Permit became effective on July 1, 2013. The permit includes
a variety of requirements of which the City has responded to, and is complying with, through year three
of the five year permit cycle. The additional scope of work associated with Amendment No. 4 includes
ongoing requirements such as construction inspections and compliance monitoring, it also includes
additional tasks required through years four and five that include public outreach efforts and new and
more frequent monitoring and reporting for all regulated construction sites. Amendment No. 4 also
extends the term of the agreement two additional years to include years four and five.
FISCAL IMPACT:
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.
APPROVED:
chwabauer(City Manager
R:\GROUP\STREETS\STORM\ProfSrvcsAgrmt\PSA 2016-2018\CC# Storm Inspection_ WGRAgmt2016-18.doc 11/9/16
Adopt Resolution Authorizing City Manager to Execute Amendment No. 4 to Professional Services Agreement with WGR Southwest, Inc., of Lodi, for Storm
Drainage Permit Compliance Services ($199,430)
November 15, 2016
Page 2
FUNDING AVAILABLE: Storm Drain Maintenance (53053005).
Jordan Ayers
Deputy City Manager/Internal ervices Director
ciLs2
Charles E. Swimley, Jr.
Public Works Director
Prepared by Kathryn E. Garcia, Compliance Engineer
CES/KMG/jr
Attachment
R:\GROUP\STREETS\STORM\ProfSrvcsAgrmt\PSA 2016-2018\CC# Storm Inspection_ WGRAgmt2016-18.doc 11/9/16
AMENDMENT NO. 4
WGR SOUTHWEST, INC.
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this _ day of December, 2016, by and between the CITY OF LODI, a municipal corporation
(hereinafter "CITY"), and WGR SOUTHWEST, INC. (hereinafter "CONSULTANT").
WITNESSETH:
1. WHEREAS, CONSULTANT and CITY entered into a Professional Services Agreement on
October 31, 2012, Amendment No. 1 on October 9, 2014, Amendment No. 2 on July 29, 2015,
and Amendment No. 3 on October 11, 2016, collectively the "Agreement" attached hereto as
Exhibits 1, 1A, 1B, and 1C, respectively; and
2. WHEREAS, CITY at its option, CITY has advised CONSULTANT of its intent to extend the
terms of the Agreement an additional two (2) years, through December 31, 2018; and
3. WHEREAS, CITY requested to amend the Scope of Services and increase fees by $199,430,
for a total of $288,090; as set forth in Exhibit 2 attached hereto; and
4. WHEREAS, CONSULTANT agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Scope of Services as set forth in the
Agreement. All other terms and conditions shall be as set forth in the Agreement.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment No. 4 on
2016.
CITY OF LODI, a municipal corporation WGR SOUTHWEST, INC.
Herein above called "CITY" Hereinabove called "CONSULTANT"
STEPHEN SCHWABAUER
City Manager
Attest:
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
By:
JOHN M. TERAVSKIS
Qualified SWPPP Developer and Operations
Manager for Lodi Office
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1,1 Parties
THIS AGREEMENT is entered Into on October 3111:k, 2012, by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
WOR 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 Scgp.g of Services
CONTRACTOR, for the benefit and et the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A,
Section 2.2 Tinto For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to thls 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
1
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 end 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 protect 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 thls
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 thls 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 2,8 Term
The term of this Agreement commences on October" 2012 and terminates
upon the completion of the Scope of Services or on October 5, 2014, whichever occurs
first,
2
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, end 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
3
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 thls 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 thls Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under thls Agreement, CONTRACTOR shall not
discriminate in the employment of Its employees or In the engagement 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 ell amendments thereto, as well
as ell applicable regulations and guidelines Issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damarta
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 end 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 thls
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 far CONTRACTOR
CONTRACTOR shall take out and maintain during the Ilfe of this Agreement,
insurance coverage es 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 es follows:
To CITY: City of Lodi
221 West Plne Street
P.O. Box 3008
Lodi, CA 05241.1910
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 EmplOvea of CITY
CONTRACTOR agrees that In undertaking the duties to be performed under thls
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 Chet 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 an 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 es "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 evil) Law, Jurisdiction Sovarnbility, end Attorney's Foos
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 Taws, such part shall be Inoperative, null, and vold 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 thls 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 Ilcense and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4,16 Captions
The captions of the sections and subsections of this Agreement ere for
convenience only and shall not be deemed to be relevant In resolving any question or
Interpretation or Intent hereunder.
Section 4,16 Integration 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 thls Agreement are Intended to be construed as a single
document. Should any inconsistency occur between the specific terms of thle
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
7
Section 4,18 Severabtllty
The invalidity In whole or In part of any provlslon of this Agreement shall not void
or affect the validity of any other provlslon 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, shell 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, ell 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 thls Agreement,
Section 4.21 Fedorsl Transit FundInv 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.
8
ATTEST:
RANDI JOHL �—
City Clerk
CITY OF LODI, a municipal corporation
f( ]NI Aug DARTLAM, City Manager
APPROVED AS TO FORM: WGR SOUTHWEST, INC
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
Attachments:
Exhibit A – Scope of Services
Exhibit B – Fee Proposal
Exhibit G – Insurance Requirements
Funding Source:17005
(Business Unit & Account No.)
Doc ID; WP1ProJecls\PSAs1WGR Stormweter Servlce9
cnmevni,zoi2
9
BY:
Nance. 101 -IN TERAV
Title: COMPLIANCE SPECIALIST
0y Q.t`4-� br• 5 �oo\e,NL.
1`o r Ickist lid CS-, L ; �: ¢
WGR
Mur Your 7)pku7 Cull wlriuu
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
Exhibit A 1
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 Pormit compliance program for the 2012-2013
storm water season. The following is the scope of work that we are proposing.
A, The Storni Water Construction Element;
• (*oustructiun Jiimirecthins (Monthly Inspections) — These inspections will be
performed nt all tietive construction sites having submitted a N01 for General Permit
t:ovurlll;e within the City of Lodi on n monthly basis. The initial inspection will
consist or a precursory review of the SWI'PP. All site visits wi!1 incltrtic 1113
inspection of the construction site and its 13MPs, completion of u compliance
checklist, review of the inspection rinilintt8 with the site construction Supervisor, if
available, and preparation of an internal report and other sulrpo=tint, documentation
for your Department. The construction inspeotiuli5 will he eouducted front October
through April as required by the City's SWMP,
• Construction Inspections (Follow -tip Visits) — Follow-up inspections will be
prerfonned where significant contollanee deficiencies were identified during the
monthly visit that requi10 follow up ,noncr than the next monthly inspection. We
will complete another compliance cheeklist, review the inspection findings with the
site supervisor, if available, and prepare an internal report sod otlwr supporting
documentation for your Department,
• Construction Annual Reports (Annual) — WGR will complete the Annual Report
for City -owned projects that had more titan three continuous months of construction
during the storm water year whore the City of Lodi was designated as the LRP,
WGR will complete the Annual Report on the SMARTS System and compile and
review all inspx:et'snn Reports, Monitoring Data, Training Records, and Weather
suppertiR aluetiailoIItrdiou associated with the annual report,
117x0 N.1-1wy, 99 • Lodi, CA 95240 • (209) 334.5363 • Fax (209) 334-5374
Los Alamitos, CA • Lodi, CA
MS4 Support Proposal for the
City of Lodi
Storni Water Year 2012-2013
Page 2
• QSP Services for CIA 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 SWPPP — WOR will review SWPPP plans submitted
through the plan check process, The SWPPPs will be reviewed for compliance to
City ordinances and with thc 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 — WOR can a sf o pvrrorm the annual DSP inspections
required in the MS4 permit, The purpose of the inspections is to confirm that the
post-constniction 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 — WOR will prepare the City's annual storm
water report as required by thc Phase 11 MS4 NPDI3S Permit. The annual report is
due on September 15 of each year. WGR will compile the information needed for
preparing tins 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 SW1v1P; 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 arc received, we will finalize
the report and submit it to you tor 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
Monthly Construction inspections (First Time Inspection)
Monthly Construction Inspections (Subsequent Months)
Follow-up Construotion Inspections (As required)
Construction Annual Report Compilation / Submission
Notice of Termination (NOT)
Monthly DSP site compliance visit (inoorporaled into monthly construction inspection)
Annual DSP maintonance inspection
MS4 Annual Report
QSP Services — All inspections
Rain Event Action Plan (ItBAPs) Inspections —Risk Level 2 Sites Only
Sampling and lvlonitoring — Risk Level 2 Sites Only
SWPPP Review for Compliance with City & Stale Requirements
Project -specific DSP Review fur Compliance with City & State Requirements
basis:
$175/location
$135/inspection
$135/inspection
:1,100/per site
$3 50/per elle
$45/lnspeetiun
$225/inspection
$2,450/annually
$ 145 per inspection
$325 par REAP
$225 per sampling event
$450/review
$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 conoerning our proposal, please do not
hesitate to cull me or to schedule another meeting to discuss the proposed scope of work.
Respectfully,
WGR. Southwest, Inc.
John M. Terayskis
Compliance Specialist
fi w yr W 3 N N w df Ni i4
Hill
yy�7 ilIb I I'Mq in E
0400 OCUCC CCM
f.
Agn
Q N Op O
h
hlPt
M r' r
omQ
N kk
I ft oq
4p AO' n
g
h
Exhibit C
Insurtuico Requlromont2 for Contractor The Contractor shall take out and maintain during the life of this contract,
insurance coverage as listed below. Thews Insurance policiev $haft protect the Contractor and any sL1b-o 1lrselor
performing work covuiod by this contract from claims for danmgou foe hpraanal Injury, Including accidental death, as
well es from cinims for proprrty damages, which may arise from Contractor's operations under Ihle contract, whether
ouch operations be by Contractor or by any subcontractor or by anyone tilmelly 01 indirectly employed by either Of
them, and the amount of such Insurance shell bo as follows:
1, COMPREHENSIVE GENERAL LIABILITY
$3,000,000 Ea. Occurrence
$3,000,000 Aggregate
3 PROl E IONAI LIABILITY
53,000,000 Ea Occurrence
2. CiCZ4PjiFHf NSiVF AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury • Ea, Person
$1,000,000 Bodily Injury - Ee, Occurrence
$1,000,000 Property Damage- Ea. Occurrence
4. POLLUTION LIABILITY
53,000,000 Ea. Occurrence
NOTE: Contractor agrees and slipulalns Thal oily insurance coverage provided to the City of Lodi shall provide for a
claims period following ier minelion of coverage which Is et least consistent with the claims period or statutes of
limitations found in the California Moil Claims Act (California Government Code Section 010 el seq.),
NOTE (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above; 221 West Pine
Street, Lodi. California, 05241-1910; (2) The insurance ttertlfcate must state, on Its face or es an endorsement, a
description of the )Jeot That 11 Is insuring,
A copy of the certificate of insurance with the following endorsements shall be furnished to the City;
(0)
(b)
(0)
It l<lilio.nnl NaLnld I,Ltatirud Endorsoment
Such insurance as 10 afforded by this policy shall also apply to the City of Lodl, its elected and appointed
Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named Ineurods,
(This endorsement shall be on a form furnished to the City end shall be Included with Contractor's policies,)
pirpnary Ir>.gtr popo,Fn.vilenetnf
Stroh nnunmce es is afforded by the endorsement for the Additional Insureds shall apply as primary lh$urance,
Any oth81 Inserence mutnlrlfnoti by the Clty of Lodi or Ila officers and employees shall be excess only and not
nonIebuPng with the tnsuranoe /Warded by this endorsement,
C;nmpteied t)lntr t€tn1L,01±,.f 79i1S
HI( tluca,car, oft r1 eurep!otion of project, a certificate of insurance with a Comploted Operations
L.irtlorsentenl, Cir ?i 37 07 04•vrtll be provided to the City of Lodi.
(0) Severability Or 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 limb of the company's iiabillty,
Norco of cdr telidtf;rrnor t;_temir>_In. ,ev_af_illy_f o ).Q seir}nral
Nils policy mit nut ba c<inr:cicutl nor tl10 coverage reduced by the company without 30 days' prior wrltten notice
of such cencellatlon or roduction In coverage le the Rlek Manager, City of Lodl, 221 W. Pine St., Lodl, CA
95240,
Compensation jnstrt_nnco The Contractor shnli lake out and maintain during Ilio life of this contract, Worker's
Compensation Insurance for all of Contractor's employees employed al the silo of the project and, If any work Is
subtel, Contractor One require tho subcontractor similarly to provldc Worker's Compensation Ineurencc for all of the
letter's employees carless Guch employees are covered by [Ito protection afforded by lis. Contrasiar, In case any
rless of urmtluyeos engaged in hazardous work under this contract al the silo Of lha project 1s not protected under the
Worker's t:ornpansa€ion Statute, the Conlraclor shall provide and shall Gawk each subcontractor to provide
insurance for Ilse protection of sold employees. This policy may not be canceled net the coverage reduced by lite
carr:pany without 30 days' prior written notice of such cancellation or reduction In coverage to the Risk Manager, Cily
of 1 ori, 221 W fine SI., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi Is required,
(o)
NOTE; No contract agreement will be signed nor will im work bogin on o project unlit the proper Insurance certificate
Is received by the Clty,
Exhibit 1A
AMENDMENT NO. 1
WGR SOUTHWEST, INC.
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT Is made
and entered this 9161^ day of October, 2014, by and between the CITY OF LODI, a
municipal corporation, hereinafter called "CITY" and WGR SOUTHWEST, INC., hereinafter
called "Consultant".
WITNESSETH;
1, CONTRACT: Consultant and City entered Into a Professional Services Agreement on
October 31, 2012, as set forth In Exhibit 1 (attached). Contractor end City now desire to
amend the Agreement to expand the Scope of Service, update the Fee Schedule and
extend the term of the Agreement,
2, TERM: The term of the Amended Agreement shall commence Immediately and terminate
on October 31, 2018.
3, TERMS: The revised Scope of Services and updated Fee Schedule will be es set forth in
Exhibit 2, All other terms and conditions, with the exception of the Insurance Requirements,
will remain as set forth in the Agreement,
4. INSURANCE: Consultant shall take out and maintain over the term of this Amended
Contract, insurance coverage as set forth In Exhibit 3, attached hereto and Incorporated
herein by this reference.
CITY OF LODI, a municipal corporation
Herelnabove called "CITY"
STEPHEN SCHWABALJITfg
City Manager
Attest:
J(,1
NIFER ry )ROBISON, City Clerk
Approved as to Form:
ty JANICI: i?. +MAC•;CICH
City Attorney
WOR SOUTHWEST, INC.
Herelnabove called "CONSULTANT"
01,
M. TERAVS,£I r
Ser ier Compliance',-:lir:c+:list end
Operations Manager for
Northern California
ExnibHH A 1
f•VIVGR
„1 Ynru hplerri (3, =d/Mu
August 24, 2012
Ms, Kathryn Garcia
City of Lodi
PG, Box 3006
Lodi, CA 9524]-1910
RE: Proposed Scope of Work — MS4 Program Support for the
2012-2013 Storm Water Season
Dear Ms, Garcia,
WOR Southwest, Inc. (WOR) is pleased to provide the City of Lodi with titin 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 Writer Construction Element:
■ Cmtstruction Inspections (Monthly Inspeetiuius) — These inspections will be
perroma:d in all active eollstruelrotl silos Ii vin1 3tlkuniircd n NO1 for General Per=nil
covcrago within the City of Lodi on n nlutttilly basis. The lltilial inspection will
consist of' a prectuiory review of 111u SWl'1'P. All site. visits will incltkde nn
inspection of the construction sito and its llivil's, cutnptetlon or ctlmpiinnco
olleokiist, tovietiv of the inspection findings with the :situ eonstrtteilon supervisor, If
available, and preparation of an internal report anti other suppnri}ni, documentation
for your I}opnrinsent. The construction inspections will be eoutlueted from October
through April as required by the City's SWMP.
• Construction Inspections (follow-up Visits) — Follow -tip inspections will be
perlislm ed whore Nit/mineral] compliance (ie-fSciOncies were ltkiitillet1 during the
mutably vitiil [li:st rcr}tultC fuliuw up sooner 111cit1 the tion int>nllti}' Intipoctiou, We
%v 1l cttnsplr-1e. another cottpllarr(x rt s•ic\V tl:s ilsspertioii ]inrliikgs 5vltlt tho
tiite titrltuivisor, If {skdkilialilu, nail prepare: tut irnurlutl 1•cpistt said utttor supporting
documentation for your Department,
o Construction Annual Reports (Annan!) -- WGR. will complete rhe Amami Report
lily C y owned proie:ots that had mere than three continuous Inonlhs of construction
(luring the storm water year whore the C:ity of l..odl was designated as the LRP.
WOR. will complete Mc Annual Repv:[ on the SMARTS System and compile and
review all inspection At:polls, it'ionitoring Data, Training Reoords, and Weather
supporting documentation nsau inicd witit the annual report,
11780 N, Hwy, 99 • Lodi, CA 95240 • (209) 334.5363 • Far (209) 334-5374
Los Alamitos, CA • Lodi, CA
NIS4 Support Proposal for the
City of Lodi
Sturm Water Year 2012.2013
Page 2
• QSP Services for CIP Projects — WOR will provide n Siatc Certified QSP to assist
the City of Lodi for compliance Inape9tions at their active CM 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 - WOR 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, WOR proposes to perform DSP site compliance checks, of each
active construction site for which the DSP was applicable. The oompllance cheek
will include an initial review of the DSP conditions identified in the plan check
process, Each active site will be checked monthly for DSP eompllanoe 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 construetlon
site inspection,
• DSP Annual Inspections — WOR sari al ia'jse'rforut—tite annual DSP inspections
requi;cd in the leiSsi permit. The purpose of the inspections is to oonfinn that the
pest-constructio: W'1Pa are being maintained as specified in the mnintonanee
agreement suhmittt:tl to thu City by the developer,
• Review of Submitted DSP Pians — WOR can assist the plan checkers by reviewing
plans submitted by developers for compliance with tho City's Storm Water
Development Standards Pian,
C. Other MS4 Permit Support;
• MS4 Annual Report Preparation — WOR 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. WOR 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 13MPa and
control measures Identified In the S WMP; end 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 cotntnont 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 LOBI
Storm Water Year 2012-2013
Page 3
Proposed Costs:
WOR proposes to perforin the above sonpe of work items on a unit cost
Monthly Construction Inspections (First Time Inspection)
Monthly Construction Inspections (Subsequent Months)
Follow-up Construction Inspections (As required)
Construction Annual Report Compilation / Submission
Notice of Termination (NOT)
Monthly DSP site oomplianoe visit (lneorporeted into monthly construction inspection)
Annual DSP maintenance Inspection
M54 Annual Report
QSP Services — All Inspections
Rain Event Action Plan (REAPo) Inspections — Risk Level 2 Sites Only
Sampling and Monitoring — Risk Level 2 Sites Only
SWPPP Review for Compliance with City & Stale Requirements
Protect-apacltic DSP Review for Compliance with City & State Requirements
basis:
$17S/location
$135/inspection
5135/inspection
$1,100/per site
$350/per site
$45Mepeetlon
$225/inspection
$2,930/annually
$145 per iaspeetlon
1325 per REAP
$225 per sampling event
$450/review
$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 1 can answer any questions concerning our proposal, please do not
hesitate to call me or to schedule another meetln4 to discuss the proposed scope of work,
Respectfully,
WGR Southwest, Inc,
John M. Terayskis
Compliance Specialist
ck epo cocoa ococ
a
o
Pfil !Iil!
Exhibit 1B 1
AMENDMENT NO. 2
WGR Southwest, Inc.
Professional Services Agreement
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is
made and entered this Act day of -S...lu , 2015, by and between the
CITY OF LODI, a municipal corporation (hereinafta "CITY"), and WGR SOUTHWEST,
INC. (hereinafter "CONSULTANT"),
WITNESSETH'
1 WHEREAS, CONSULTANT and CITY entered into a Professional Services
Agreement (Agreement) on October 31, 2012 and Amendment No. 1 on October
9, 2014 as set forth in Exhibits 1 and 1A respectively (attached).
2. WHEREAS, CITY requested to amend the Scope of Services as set forth in
Exhibit 2 (attached); and
3. WHEREAS, CONSULTANT agrees to said amendment;
NOW, THEREFORE, the parties agree to amend the Scope of Services as set
forth in the Agreement, Amendment No. 1 and Amendment No. 2, as Exhibits 1, 1A, and
2, respectively. All other terms shall be as set forth in the Agreement.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
CITY OF LODI, a municipal corporation
Hereinabove called "CITY"
Amendment No 2 on
:CT(1;
S EP t=1V SCHWABA
City Manager
Attest:
2015.
WGR SOUTHWEST, INC.
Hereinabove called "CONSULTANT"
ER J H M. TERAVSkI-S—T
J IVNIFER
FERRAIOLO, City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney
Q.a!fled SWPPP Developer and
Operations Manager for Lodi Office
i\VVC;r1fk
June 22, 2015
Sean Nathan
City of Lodi - Public Works Dept.
221 West Pine St.
I ,odi, CA 95240
'Exhibit 2
3s6 r'RO`5
Z, 7 So Swl'PP
' So Not,
11 7 So A to rt -t- 2 fPO R-1
'f 360 'to-1AI
RE; Sloan Water Cotnpliance Services for Lodi Lake Park Improvements, Lodi, CA
Dear Mr. Nathan,
WGR Southwest, [ne. (WOR) appreciates the opportunity to provide you with this propos& for storm
water related environmental services. The project is most likely a Risk Level 2 project.
.% Permit R ;ist ration Documents (19U)s): Since it has been determined that the construction project
will require coverage under the State of California General NPDLS Permit ,for Construction
Activities. (General Permit), WGR will complete and upload the PRDs onto the State's Storm water
Multi -Application and Report Tracking System (SMARTS). The PRDs consist of;
• Notice of Intent (on-line form in SMARTS)
• Risk Assessment (completed on SMARTS and uploading supporting documentation)
• Site Map (upload onto SMARTS)
• Storm Water Pollution Prevention Plan (upload onto SMARTS)
• Annual Fee (mailed lo the SWRCB)
• Signed Certification Statement (this must be performed on-line by the legal responsible
person (LRP), which is the property owner)
In order to enter data onto SMARTS, the LRP for each project will need to establish a SMARTS
account and designate WGR as a data submitter, To access the SMARTS system and sign up for an
LRP account go to: hUps://sitrarts.watcrboards.eii.k:suv/snn•is/faces/SWSmnrtsl.$) !j sp
Once you have established a SMARTS account and linked WGR to it (user ID: DSjterayskis), we
will enter and upload all of the above information and will notify you when it is ready for
certification, Once the pending PRDs are certified, the State will issue a WD[D number and extend
permit coverage to the project, No soil disturbance construction may start until proof of permit
coverage is obtained by the LRP, WGR proposes a fixed cost of 5350/project to enter the NOI
information and upload the PRDs onto SMARTS.
11780 N. Hwy 99 • Lodi, CA 95240 • (209) 334-5363 • Fax (209) 334-5374
Los Alamitos, CA • Lodi, CA
SWPPP Proposal for Lodi Lake Park Improvements Project
Page 2of5
'Storni Whiter Pollution I'rcvemllon Platt (S I'PI') Preparation; The SWPPP will be prepared by
a Qualified SWPPP Developer (QSD) and will meet the State of California's requirements as
outlined in the new Construction General Permit approved on September 2, 2009,
'The plan will include a SWPPP map for the current phase of the construction project. The map will
identify the hest management practices (13MPs) specific to the construction project and the risk
determination level. WGR will charge a flat rate of $2,750 to prepare a project specific SWPPP and
provide up to three copies of the plan. Additional binders are $75 each. WGR can complete the
SWPPP within 12 business days of receiving all of the necessary project information. The SWPPP
required by the Construction General Permit will meet the SWPPP requirements of the CalGreen
Code.
Revisions and Amendments: The SWPPP is meant to he an evergreen document which changes as
conditions on the site change. In addition, the Construction General Permit requires that all revisions
to the SWPPP be performed by a QSD. WGR proposes to charge an hourly fee of $125,00 to make
any necessary revisions or amendments, This will include the Change of Information (COI) onto the
State's Storm water Multi -Application and Report Tracking System (SMARTS), upload of revised
Erosion Control Plan and SWPPP, and update or Erosion Control Plan and SWPPP binder at the
construction site. SWPPP changes will only be made when requested by the client; at which point,
we will provide an estimate time required to make the revision.
/ Notice of'Termination (NOT) Preparation Once the construction project has been completed and
all elements of the Storni Water Pollution Prevention Plan have been implemented; WGR will enter
and upload the information onto SMARTS necessary to submit a Notice of Termination (NOT) to the
State. We will notify the LRP when the required information has been entered and uploaded so that
the 1,RP can certify the NOT, WGR will charge a flat rale of $450 to compile and upload the NOT
information. The submittal of a NOl' does not guarantee termination by SWRCB. If your NOT is
denied, you will be required to continue complying with the requirements of the General Permit. The
State will post a NOT acceptance letter on the SMARTS program when it has approved the NOT.
"Annual Report Preparation; The General Permit requires projects with a duration greater than 3
months to submit an annual report by September I of each year or at the time the Notice of
Termination is filed, whichever comes first. We propose a fixed fee of $750/annual report to
prepare the report on the SMAR'T'S annual reporting module. In order to prepare the report, WGR
will need to obtain all of the field inspection, monitoring, training, and BMP maintenance records
from the contractor's QSP, We will populate the report with the information provided by the QSP.
Inspections and Monitoring:
The Construction General Permit states the tollowing; "Dischargers shall ensure that all inspection,
maintenance repair and sampling activities at the project location shall be performed or supervised
by o Qualified SWPPP Practitioner (Q5T) representing the discharger. The QSP may delegate any
or all of these activities. to an employee appropriately trained to do the task(s). " in summary, a QSP
must perform all inspections, monitoring, and corrective action or the QSP may delegate it to "an
employee appropriately trained," If the LRP or the contractor do not have their own in-house
SWI'PI' Proposal for Lodi I,ake Park Improvements Project
Page 3of5
QSP, there are two ways to approach this task, One way is to have WOK perform all of the QSP
duties. A second option is to allow WGR to train 1 to 3 of their staff members to perform the work
under our supervision and direction. The following is a cost estimate for both options.
Option / 1, QSP Services: WGR will perform the inspections required of Risk Level 2
projects at the following rates:
N•cekly Inspections
S:orm Event Inspections (pre, post, and during)
Quarterly Nun -Storm Water Inspection
Stoma Event pH and Turbidity Testily,
Non-visible Storm Water 5tnnpliiia
Rain Event Action Plan (ItE,\I'_:) 1'repanitiou
0i; -call QS!' services
$1751Irwectian
52')_,5linstrectitan —
itxlutlrt! ��'illr the weekly ittsitcctirtrts
Usually Included in the inspection fee; however, if poor
water quality requires additional monitoring, WOR will
charge $961I1r. for Reid testins,
$225/sample event + laboratory cltartes at cost plus lfl%
S275/REAP 1'reprlrntigrt
$96lhutrr { 5t].Sf+Intik
tltfliort 112., QSP Trainin. mid Oversight Services; WGR's QSP will provide training,
supervision, and oversight to members of the I,RP's or contractor's staff who will, working
under our QSP, perform the inspections, monitoring, corrective action of BMPs, and
documentation. Those staff members will work under the direction of our QSP as allowed by
the perrnit. Tn order to have adequate oversight by our QSP, we require the following;
1. WOR will provide an initial training session to instruct there on the inspection and
documentation requirements; how to take rain gauge readings; how and when to take
non-visible pollutant samples; mandatory BMPS; proper installation of BMPs; and
when corrective action in necessary.
2. We will require your personnel to enter their inspections via a stnart phone, tablet or
other devise using the Canvas Inspection App which will immediately send us an
emailed inspection report and will store the field data on a cloud server.
3. If 10 calendar days goes by without a weekly inspection or 36 hours without a storm
event inspection, WGR will send one of our QSPs to the site to perform the inspection
and charge you for the fee indicated in Option #1. We will continue to perform and
bill you for the inspections (as identified in Option #1) until we are certain that the
WGR-trained inspector will resume their responsibilities.
4. Our QSP will inspect the site at least once a month to make sure that BMPs conform
to the S W PPP and CGP and that the required documentation is being performed.
WGR's QSP will be on call to answer questions that your staff may have or to come to the
site if needed, According to the permit, Rain Event Action Plans (REAPS) cannot be
delegated and must still he done by a QSP, In order to do your own storm water monitoring,
your staff will need to have monitoring equipment and a. rain gauge. Costs are provided
below for WGR to supply the equipment, or you can acquire the equipment on your own. The
following costs apply to this option.
SWPPP Proposal for Lodl Lake Park Improvements Project
Page 4of5
Initial Training Class _
C anvit.ti ap l oil' lrntii tinnyIm pur.,uv;td inttcpr:nJe:ofiyl
Rain Event Action Plan (REA Ps) Preparation
Monthly QSP Oversight and Site Inspection
On-call QSP services
Mon itnrlii equipment costs:
Field pi l meter and calibration standards
Turbidity meter and calibration standards __
Rain gauge and weatherstatian (required by the permit)
$2751cttsss -
$2501ycar
$2751 REAP
$500 / month until the NOT is
approved by the Water Board
or another QSP is utilized _
$96/hour +$0,56/mile
$165 + tax and shipping
$T,3S6 -! tax and shipping
$130 + tax and shipping
Once again we appreciate the opportunity to provide you with this information and we look forward
to partnering with you. Should you have any questions or comments, please do not hesitate to contact
me at (209) 334-5363, extension 110,
Sincerely,
WGR Southwest. Inc.
John M. Terayskis, CPESC
Qualified SWPPP Developer and
Operations Manager for WGR's Lodi Office
Exhibit 1C
AMENDMENT NO. 3
WGR SOUTHWEST, INC.
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this 11Th day of October, 2016, by and between the CITY OF LODI, a municipal corporation
(hereinafter "CITY"), and WGR SOUTHWEST, INC. (hereinafter "CONSULTANT").
WITNESSETH:
1. WHEREAS, CONSULTANT and CITY entered into a Professional Services Agreement
(Agreement) on October 31, 2012, Amendment No. 1 on October 9, 2014, and Amendment
No. 2 on July 29, 2015, as set forth in Exhibits 1, 1A, and 1B respectively (attached); and
2. WHEREAS, CITY requested to amend said Agreement to extend the term through December
31, 2016 within the existing contract amount of $88,660; and
3. WHEREAS, CONSULTANT agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Term of the Agreement. All other terms
and conditions of the Agreement remain unchanged,
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment No. 3 on
mer 1-( 2016.
CITY OF LODI, a municipal corporation
Herein above called "CITY"
,STEPP EN SCHWABAUER
}(j r City Manager
I'
Attest:
JEYN IFER M. ' :RRAIOL
C Clerk
Approved as to Form.
ec.
4,_ JANICE D. MAGDICH
City Attorney
WGR SOUTHWEST, INC.
I:iereinabove called "C[> NSULTANT"
JM. TERAVSKIS
Qci�t ified SWPPP Developer and Operations
Manager for Lodi Office
WGR
.V d Nair 151rn rfl { i�rl. u r1i,ir
Exhibit 2
Kathryn Garcia
City of Lodi
2001 W. Turner Road
Lodi, CA 95242
RE: Proposal for Compliance Support for Years 4 & 5 of the Phase II MS4 NPDES Permit
Dear Kathryn Garcia,
WGR Southwest, Inc, (WGR) is pleased to provide you with this proposal to provide support for the
City's Phase II MS4 NPDES Permit compliance program. The following is a summary of the new
activities required by the current Phase II MS4 permit for Years 4 and 5, for which WGR is able to
supply support for the City. Please remember there are quite a few on-going responsibilities that began
during Years 1 — 3, In addition to the Years 4 and 5 tasks, WGR is providing a cost proposal for general
compliance support and project management for the implementation of the Phase II MS4 Permit. This
proposal is organized into the following sections:
Section A:
Section B.
Section C;
A list of Years 4 & 5 Permit -Required Tasks
General Compliance Support, Project Management, and Unit Cost Tasks
Collaboration Tasks
Section A: Years 4 & 5 Permit -Required Tasks for Jul 1, 2016 -- June 30, 2018:
The following is a detailed summary of the new activities required by the permit during Years 4 and 5
in accordance with the Phase II MS4 permit as extracted from the Guidance Document that was
submitted al the, beginning of the permit term by your municipality to the State Water Board. Please
remember that many of the activities required in the previous permit and in the three previous years of
this permit terrn are required to continue.
Permit
Section
Years 4 & 5 Compliance Tasks
Recommended Approach
E.7.a
Public Outreach and Education
(b)Conduct surveys 2x during permit term (2)
WGR can assist with the preparation of the survey
and/or the Implementation
E.7.b.3
Pollution Prevention and Good Housekeeping
Staff Training
_
Biennial employee training
We suggest utilizing the MS4 Week collaboration
video that was created during Year 3. It is still
available for a purchase of $350. This video will
be able to be used for several years before it
becomes outdated.
11780 N. Hwy. 99 • Lodi, CA 95240 • (209) 334-5363 • Fax (209) 334-5374
Los Alamitos, CA • Lodi, CA
Year 4 Storm Water Program Support Proposal
City of Lodi
Page 2 of 7
E.9
ILLICIT DISCHARGE DETECTION AND ELIMINATION
E.9.b
Illicit Discharge Source/Facility Inventory
Assess priority areas once during permit term
WGR can assist City staff with this assessment
E.11
POLLUTION PREVENTION/GOOD HOUSEKEEPING
FOR PERMITTEE OPERATIONS PROGRAM
E.11.d
Storm Water Pollution Prevention Plans
Develop SWPPPS for hotspots
Please refer to collaboration task C.1.
E.11.e
Inspections, Visual Monitoring and Remedial
Action
Quarterly visual inspection of hotspots
Annual comprehensive hotspot inspection
Quarterly hotspot visual observation of storm
water and non -storm water discharges
These inspections and observations will most
likely be performed with City staff. However,
WGR is available to assist with them if and when
needed.
Non-Hotspots - Inspect each inventoried facility
that is not a hotspot once during permit
This should have been done during the initial Hot
Spot Investigation which was performed during
Year 3
E.12
POST CONSTRUCTION STORMWATER
MANAGEMENT PROGRAM
E.12.J
Planning and Development Review Process
Complete any changes to landscape code to
administer post -construction requirements
This can be performed with municipal staff. WGR
can provide assistance as needed. If you have not
yet reviewed the landscape ordinances following
the Municipal Regulatory Update Assistance
Program, WGR can help you complete this form.
E.13
WATER QUALITY MONITORING
E.13.b.
TMDL Monitoring - MS4s w TMDLs must comply
with Attachment G and consult with Regional
Board within 1 year of effective date to determine
monitoring requirements and schedule. And shall
Implement TMDL monitoring as specified by RB
Executive Officer
This was actually a Year 1 task that has been
delayed, We believe that the proposed revisions
to Attachment G will be approved in 2016 and
that the monitoring plan will need to be
submitted sometime during Year 4. Please refer
to collaborative task C.2.
E.14
PROGRAM EFFECTIVENESS ASSESSMENT
E.14.b
Storm Water Program Modifications
Identify and summarize BMP and/or program
modifications identified in priority program areas
that will be made in the next permit term
WGR will work with City staff in summarizing
BMPs and program modification based on the
PEAIP,
E.16
ANNUAL REPORTING PROGRAM
E.16.a
Use SMARTS to report and certify
E.16.b
Complete and retain annual reports and make
available to RWQCB during working hours
E.16.c
Submit detailed written or oral report to RWQCB
if directed.
E.16.d
May coordinate reporting if regional programs
WGR can provide assistance with the annual
Program Effectiveness Assessment and the
Annual Report preparation.
The following are the estimated WGR resources and hours to perform the above tasks, plus ongoing
responsibilities. We have attempted to provide a realistic cost estimate for WGR's ancillary support
of the City's in-house implementation of these tasks based on, among other things, the level of support
your municipality needed from us during the first two years of this permit term. The actual degree of
Year 4 Storm Water Program Support Proposal
City of Lodi
Page 3 of 7
involvement from City staff may increase or decrease the actual WGR expense. Year 4 collaboration
task costs are presented in Section C of this proposal and are not included in the figures in the table
below.
Task Number
Section and Estimate of Resources and Hours
Task Sub -total
E.7
EDUCATION AND OUTREACH
$630
E.7.a. and b.3
Assistance with revisions to the Education and Outreach Plan and survey; compliance specialist 6 hours
E.9
ILLICIT DISCHARGE DETECTION AND ELIMINATION j
$2,360
E,9.b, and c..
Compliance technician 16 hours and a compliance specialist 8 hours for IDDE outfall inspections, sampling, and follow up
support. Costs do not include analytical testing or the purchase of field test kits.
E.10
CONSTRUCTION SITE STORM WATER RUNOFF CONTROL PROGRAM
8580
E.10.c
Senior compliance specialist / QSD / QSP 4 hours for support and questions by the City staff
(Refer to Section B of this proposal for optional unit costs for WGR to perform inspections, ESCP / SWPPP reviews,
and Post -Construction submittal reviews.)
E,11
POLLUTION PREVENTION / GOOD HOUSEKEEPING PROGRAM
$3,360
E.11.c, e, g, h, and
I
Training staff on inspecting O&M operations quarterly for proper BMP implementation, questions about the drainage system
maintenance requirements, and coordination with other departments. Assist with inspections.
Compliance specialist 32 hours
E.12
POST CONSTRUCTION STORMWATER MANAGEMENT PROGRAM
$1,740
E,12
Senior compliance specialist 12 hours to train City staff and to answer questions.
E.14
Program Effectiveness Assessment and Improvement Plan
$3,360
E,14.a
Compliance specialist 32 hours to assist the City staff with the Year 4 annual effectiveness assessment and the Year 5 program
modification assessment and summary.
E,16
ANNUAL REPORTING PROGRAM (for Year 3 and 4 due October 15 of 2016 and 2017)
1 $11,660
E.16.a
Senior compliance specialist 8 hours
Compliance specialist 100 hours
(Assumes assistance from City staff and departments in the compilation and provision of supporting data and information.)
Total Estimated Years 4 & 5 Cost for Section A: $23,690
The following are the hourly rates for the above-described personnel. These rates are valid through
June 30, 2018,
Senior Compliance Specialist/ QSD $145/hour
Compliance Specialist / QSP $105/hour
Compliance Technician $95/hour
Project related mileage $0.56/mile
When requested, WGR can provide a similar task identification, recommendation, and labor estimation
for the remaining two years of the permit term.
Section B: General Permit Compliance Support, Project Management Tasks, and Optional Unit
Cost Fee-based Tasks for Years 4 & 5
Year 4 Storni Water Program Support Proposal
City of Lodi
Page 4 of 7
WGR can provide support for the following general support tasks on an as -needed basis. The number
of hours are estimated based on the level of supported needed by the City during the first two years of
the permit term. The actual degree of involvement from City staff may increase or decrease the
actual WGR expense in this area.
• Task B.1. Project meetings
• Task B.2. Miscellaneous permit compliance support
• Task B,3. Communication with the Water Board staff
• Task B.4 Monitor the development of the Regional MS4 Permit and the Trash Amendments
Resource
Rate
Estimated Quantity for all
of the above tasks
Subtotals
Senior Compliance Specialist / QSD
$145/hour
16 hours
$2,320
Compliance Specialist / OSP
$105/hour
16 hours
$1,680
Project related mileage
$0,56/mile
500 miles
$280
WGR proposes following fee-based unit cost tasks to assist the City on an as -needed basis:
r Monthly Construction Inspections (First time inspection of
a CGP -permitted projeet)
$19S/location (estimated 20 locations
during Years 4 & 5)
$155/inspection (estimated 20 monthly
inspections during Years 4 & 5)
$3,900
$74,400
Monthly Construction Inspections (Subsequent inspection
of a CGP -permitted project or any inspection of a non -CGP
permitted project that is required to be inspected per the
City's MS4 permit)
Follow up MS4 inspection (Assume 8 inspections)
$155/inspection
$1,240
SWPPP or ESCP Review for Compliance with City &
State Re juirements (Assume 20 sires)
$385/review
$7,500
Project -specific Post -Construction Submittal Review for
Compliance with City & Slate Requirements (Assume 20
sites)
$385/review
$7,500
PRDs (Assume 5 projects)
$350
$1,750
SWPPP Development (Assume 5 projects)
$2,450
$12,250
CGP Annual Reports (Assume 5 projects)
$750
$3,750
REAPS (Assume 3/month for 8 months per project)
$275
$33,000
CGP inspections (Monthly) (Assume 5 projects)
$175
$21,000
Total Estimated Annual Cost for Section B: $170,570
Year 4 Storm Water Program Support Proposal
City of Lodi
Page 5 of 7
Section C: Year 4 Collaboration Tasks
WGR is pleased to provide you with this proposal to participate in Phase II MS4 permit collaboration
efforts for selected Year 4 tasks, The collaboration task agreement is between the individual
municipalities and WGR Southwest, Inc, In effort to maintain the participation -based costs, by signing
and accepting Section C. of this proposal you are agreeing to be invoiced for the sum of each agreed
upon collaboration task, WGR will invoice the City at the completion of each agreed upon task for the
pre -arranged amount. Completion is defined for document preparation tasks as when the template is
first delivered to the municipality. For the training task, completion is defined as when the first training
event has been held or the first training tool has been delivered. The anticipated task completion
schedule is based on the permit and is subject to change. Although we have strived hard to confirm
and secure the nuncber of collaborating municipalities before issuing Section C of this proposal,
WGR reserves the right to withdraw and nullify this part of the proposal should the number of
municipalities signing and accepting this collaboration proposal be less than those indicated below.
Should that happen, WGR will reissue a proposal with costs divided by the adjusted number of
collaborating municipalities. Should we have more than the number of anticipated collaborating
municipalities, WGR will make an adjustment to the fee, The following is a summary of the Year 4
collaboration tasks,
i...
Biennial Pollution Prevention Training (Task C.1):
As required per Section E.7.b.3 of the permit, WGR will provide the Biennial Pollution
Prevention Training to collaborating municipalities. For this cost, municipalities have
the option of using a training video created by WGR or if they can coordinate with
four or more other municipalities, we will provide a regional live training event in a
location provided by the collaborating municipalities, For most municipalities, this will
most likely be the second biennial training event of the permit term. Many
municipalities participated with WGR's live collaboration training during Year 2.
Construction Site BMP Training for Inspectors (Task C.2):
As required per Section E.10.c of the permit, storm water compliance inspections
must be performed of construction sites. However, many times inspectors are not
familiar with how BMPs should properly be installed or maintained. Modeling it after
its popular BMP Round -up, WGR will provide a 6 -hour class designed especially for
the municipal inspector and those who review Erosion and Sediment Control Plans.
The class will utilize WGR's Construction Sandbox at our Lodi Training Center to
demonstrate real BMPs and how they should be installed and maintained, It will be a
hands-on class in which attendees will install, inspect, and/or work with sediment and
perimeter controls, erosion controls, drain inlet protection, track out control, and a
simulated spill. Lunch is included.
„lf�F tlsk�„i:4
Take your pick of live
training or video: Winter 2015-
$350/municipality 2016
(based on 10 participating
municipalities)
$6001municlpality
(Price includes up to 10 staff
members, additional staff can
come at $50/person)
Late Summer—
Early Fall 2016
Year 4 Storm Water Program Support Proposal
City of Lodi
Page 6 of 7
Corp Yard BMP Training for Municipal Staff (Task C,3):
Sometimes classroom training is not enough. For those municipalities that wish to
provide a more in-depth pollution prevention training, WGR invites them to attend a
6 -hour class at our Lodi Training Center, The class will be designed especially for
those who work within a municipal corp yard or maintenance facility. The class will
include demonstrations of proper washing operations, waste management, concrete
waste management, stockpile management, hazardous waste handling and storage
techniques, drain inlet protection, and a simulated spill drill including notification of
first responders. It will be a hands-on class in which attendees will have an active
role, Lunch is included.
SWPPP Template Development flask C,4):
As required per Section Eli .d of the permit, WGR will develop a Storm Water
Pollution Prevention Plan (SWPPP) template for facilities that were identified as Hot
Spots during the Year 3 assessment, The template will be applicable to any facility
that was identified as a hot spot, Please keep in mind that the permit does not
required a SWPPP if the facility has an existing Hazardous Materials Business Plan,
Spill Prevention Plan, or Industrial General Permit -required SWPPP.
Annual Self -Certification Program (Task C.5).
As required in Section E.12,i, the municipality must request an annual self -
certification by owners of post -construction BMPs. For those municipalities that
would like WGR to implement the program for them, we offer the IMPLEMENTATION
collaborative package which includes the following services:
• WGR will import the data provided by the municipality in the above -provided Structural
BMP inventory spreadsheet into a SQL database which will be used for the automated
mailing;
• We will mall out postcards and track responses;
• We will host the online forrn ori our server on which BMP owners can complete their
annual report;
• We will eater into the database postcards that were completed by hand and returned to
us in the mail;
• WGR will mail out a second postcard to non-responsive owners;
• We will update the database to remove bad addresses or to update with new information
that is supplied by the returned postcards or through the on-line form; and
• We will provide a list of non-responsive BMP owners to the municipality after the second
mailing so that the municipality can then proceed with the subsequent Enforcement
Response Plan steps.
' In{i,Sheriid _ A IaltgPifft"
Rt ,'ri11 dr to
$6001municipality
(Price Includes up to 10 staff
members, additional staff can
come at $50/person)
Late Summer—
Early Fall 2016
$2251municlpallty Fall 2016
(based on 10 participating
municipalities)
$710/municipality per Available
year plus $185/100 Spring 2016
mailings
Year 5 Collaborative Tasks — To Be Determined. (Assume $2,500)
Year 4 Storm Water Program Support Proposal
City of Lodi
Page 7 of 7
Total Estimated Years 4 and 5 Cost for Sections A, B, & C:
Please note that the below table provides a summary of the costs for al I of the potential tasks. The City of Turlock
can pick and choose which tasks for which they would like to have WGR's assistance and adjust the total
accordingly.
Year 4 and 5 Tasks
Costs do not include potential regional TMDL monitoring
activities and analyses; and amount for Year 5 collaboration
task is estimated.
Section A: $23,690
Section B: $170,570
Section C: $5,170 (assume 100 self -certifications)
Total: $199,430
We thank you for this opportunity to serve you and we look forward to working with the City of Lodi
to accomplish the Year 4 and 5 permit requirements. If I can answer any questions concerning our
proposal or the MS4 permit requirements, please do not hesitate to call me or to schedule a meeting to
discuss the proposed scope of work.
Respectfully submitted,
WGR Southwest, Inc.
John M. Terayskis, CPESC, QSD/QSP, QISP, ToR
Senior Compliance Specialist and
Operations Manager for Northern California
t
O
a
a
0
4J
E
m
a
a
2
0
—J
O
U
4-
, ,
• 6.
C co
ihr
L
o f;
m
• E
'• 17,
`o
O
7
0
W
M
6
0 O
co h
a 0) r.
N N
0
1-a4
N
0
T
4-
Section A
MS4 Permit Required Tasks Support:
Year 4 & 5 Permit Required Tasks 16 hours @ $145 /hr. Sr Compliance Specialist/QSD 52,320
78 hours @ $105 /hr. Compliance Specialist/QSP 58,190
16 hours @ $95 /hr. ComplianceTechnician $1,520
Year 4 and Year 5 Phase II MS4 Annual Report Preparation 8 hours @ $145 /hr_ Sr Compliance Specialist/QSD 51,160
100 hours @ $105 /hr. Compliance Specielist/QSP $10,500
Section B
General MS4 Compliance Support:
Miscellaneous assistance with Year 4 & 5 requirements 16 hours @ $145 /hr. Sr Compliance Specialist/QSD $2,320
16 hours @ $105 /hr. Compliance Specialist/QSP $1,680
500 Miles @ 50.56 /mile 5280
MS4 Inspection and SWPPP Review Program:
Monthly MS4 Construction Inspections (First Time Inspections for CGP- 1 Initial Inspections for 20 Sites
permitted projects) pe @ 5195 Per inspection $3,900
Monthly MS4 Construction Inspections (Subsequent inspection and all 24 MonthlyIns
inspections for non -CGP permitted projects) Inspections for 20 Sites @ $155 Per inspection $74,400
Follow-up MS4 Construction Inspections (as required) 8 Follow-up Inspections @ 5155 Per re-inspectioi $1,240
SWPPP/ESCP Review as a part of the Plan Check Process 1 Review for 20 Sites @ $375 Review $7,500
Post -Construction Submittal Review as part of the Plan Check Process 1 Review for 20 Sites @ $375 Review $7,500
City Owned Construction Projects:
PRD's 5 projects for $ 350 Per project $1,750
SWPPP Development 5 projects for $ 2,450 Per project $12,250
CGP Annual Reports 5 projects for $ 750 Per project $3,750
REAPS 24 REAPS (3/month wet season) for 5 projects @ $275 Per REAP 533,000
CGP Inspections 24 Monthly Inspections for 5 projects @ $175 Per inspeGion $21,000
Section C 1
Collaboration share with other Municipalities:
Year 4 Collaborative Tasks 1 share cost @ $2,670 Based on 15 participating MS4s $2,670
Year 5 Collaborative Tasks 1 share cost @ $2,500 Estimate 52,500
Total Estimated Cost: $199,430
ects estimated.
Number of projects estimated
a
o
O a
Z
• c
vi
0
16'C
0. Q
O CJ
. 3
A 0'
m
CL
E
• 8
P.
• o
:5 • a
E
E
0
RESOLUTION NO. 2016-203
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH WGR SOUTHWEST, INC., OF LODI, FOR
STORM DRAINAGE PERMIT COMPLIANCE SERVICES
WHEREAS, on September 19, 2012, the City Council approved a Professional Services
Agreement with WGR Southwest, Inc., of Lodi, to perform stormwater wet season inspection
services; and
WHEREAS, Amendment No. 1 to the Agreement was executed on October 9, 2014,
which expanded the scope of services to include additional inspections and compliance review
activities; and
WHEREAS, Amendment No. 2 was executed on July 29, 2015, which included
stormwater compliance services for the construction of the Lodi Lake Boat Ramp
Improvements; and
WHEREAS, Amendment No. 3 was executed October 11, 2016, extending the term of
the agreement through December 31, 2016, without increasing the contract amount; and
WHEREAS, Amendment No. 4 will extend the term of the agreement through
December 31, 2018, and will increase the fees by $199,430, if all services are utilized; and
WHEREAS, as shown above, 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 authorizing the City Manager to execute Amendment
No. 4 to the Professional Services Agreement with WGR Southwest, Inc., of Lodi, in the amount
of $199,430.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 4 to the Professional Services
Agreement with WGR Southwest, Inc., of Lodi, California, in the amount of $199,430.
Dated: November 15, 2016
I hereby certify that Resolution No. 2016-203 was passed and adopted by the City
Council of the City of Lodi in a special meeting held November 15, 2016 by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
2016-203
NIFER V. FERRAIOLO
ity Clerk