ITEM 4. 10
CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 WITH WGR
SOUTHWEST, INC. FOR PHASE II SMALL MUNICIPAL
SEPARATE STORM SEWER SYSTEM PROGRAM, RCP
SD 22- 32 AND RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Amendment No. i with WGR Southwest, Inc. to provide Support Services for
Phase II Small Municipal Separate Storm Sewer
System Program, Regulatory Compliance Program
RCP) SD 22- 32 and Related Budget Amendment
SUMMARY:
Approval of Amendment No. 1 with WGR Southwest, Inc. ( WGR) is requested to provide continued support services for the City' s National Pollutant Discharge Elimination System ( NPDES) Phase II Small Municipal Separate Storm Sewer Systems ( MS4) General Permit regulatory compliance program for Storm Drain ( SD) 22- 32.
Staff is requesting approval of Amendment No. 1 is for an amount not to exceed 105, 124 and is to be paid from the stormwater inspection fees collected during the building permit process.
Sufficient funds were not allocated in fiscal year 22/ 23 therefore, staff also requests approval of a budget amendment to transfer the funds to the Project.
BACKGROUND:
The current NPDES Phase II Small MS4 General Permit was adopted by the State Water Resources Control Board on February 5, 2013 and became effective on July 1, 2013. The permit requirements include inspection of small construction projects, defined as projects with less than one acre of soil disturbance) that are also required to submit project specific Erosion and Sediment Control Plans ( ESCPs) for the City to review. The City is also required to maintain an inventory of all the small construction projects.
Until recently, WGR has provided the City with comprehensive storm water permit compliance support services, which are now mostly administered by Public Works staff. In September 2021, the City entered into Professional Services Agreement PSA) with WGR for $61, 900 to provide Inspection Services related SD 22- 32 project.
Additional services are needed to continue updating and maintaining its Post Construction Storm Water Management Program and Inspection Services. The cost of Amendment No. 1 is for an amount not to exceed $ 105, 124.
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH WGR SOUTHWEST, INC. FOR PHASE II RCP SD 22- 32 AND RELATED BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
Approval of Amendment No. 1 with WGR will allow the City to comply with the NPDES Phase II Small MS4 General Permit for small construction project inspections and tasks related to administering the Post Construction Storm Water Management Program.
FISCAL IMPACT:
Funds approved in the City' s budget for the Storm Water Discharge Permit Compliance for Fiscal Year 2022- 2023 are insufficient to authorize the amendment with WGR and will need to be supplemented by allocating storm water inspection fees to the Storm Water Discharge Permit Regulatory Compliance Program SD 22- 32 through the following budget amendment:
Increase Appropriations
2020- 50- 03- 420- 01- 00 SD 22- 32 95, 316
Increase Revenue
2020- 50- 03- 341- 02- 03 SD 22- 32 95, 316
ATTACH M ENTS:
A. Resolution Approving Amendment No. 1 with WGR Southwest, Inc. to Provide Support Services for the National Pollutant Discharge Elimination System NPDES) Phase II Small Municipal Separate Storm Sewer Systems ( MS4) General Permit Regulatory Compliance Program ( RCP) SD 22- 32 and Related Budget Amendment
B. Amendment No. 1 with WGR Southwest, Inc. to provide Support Services for the National Pollutant Discharge Elimination System ( NPDES) Phase II Small Municipal Separate Storm Sewer Systems ( MS4) General Permit Regulatory Compliance Program ( RCP) SD 22- 32 and Related Budget Amendment CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH WGR SOUTHWEST, INC. FOR NPDES PHASE 2 SMALL MS4 PERMIT SUPPORT SERVICES, RCP SD 22- 32 APPROVALS:
i'' 22 ?-oZ
Greg on Date
Senior Civil Engineer
Z/ 20L2
Brad ylor Date
City Engineer
tu c G 2" ZeZZ
Cari James Date
Finance Director
29 • 2o2Z
Michael Ki Date
Assistant City Manager
Y- Z ZL
Salvador Navarrete Date
City Attorney
Z
Ste en J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 WITH WGR SOUTHWEST, INC. TO PROVIDE
SUPPORT SERVICES FOR THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM ( NPDES) PHASE II SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS ( MS4) GENERAL PERMIT REGULATORY
COMPLIANCE PROGRAM ( RCP) SD 22- 32 AND RELATED BUDGET
AMENDMENT
WHEREAS, the current NPDES Phase II Small MS4 General Permit was adopted by the State Water Resources Control Board on February 5, 2013 and became effective on July 1, 2013; and
WHEREAS, the permit requirements include inspection of small construction projects, ( defined as projects with less than one acre of soil disturbance) that are also required to submit project specific Erosion and Sediment Control Plans ( ESCPs) for the City to review; and
WHEREAS, the City is also required to maintain an inventory of all the small construction projects and to develop and maintain a Post Construction Storm Water Management Program under the permit requirements; and
WHEREAS, until recently, WGR has provided the City with comprehensive storm water permit compliance support services, which today are mostly administered by Public Works staff with the exception of small construction project inspections; and
WHEREAS, in September 2021, an agreement with WGR was approved to provide small construction project inspection support services from September 2021 through June 30, 2022; and
WHEREAS, a letter agreement was issued to extend the agreement for several months using the remaining budget, however, additional funding is needed to extend the services through ) une 2023; and
WHEREAS, the City has also requested WGR to help with additional tasks related to updating and maintaining its Post Construction Storm Water Management Program; and
WHEREAS, the cost for Contract Amendment No. 1 for WGR to provide these services is not to exceed $ 105, 124 based on the current volume of small construction projects and the current post- construction storm water management program; and WHEREAS, approval of the agreement with WGR will allow the City to remain in compliance with the NPDES Phase II Small MS4 General Permit for small construction project inspections and tasks related to administering the Post Construction Storm Water Management Program; and
WHEREAS, funds approved in the City' s budget for storm water discharge permit compliance for Fiscal Year 2022- 2023 are insufficient to authorize a contract amendment with WGR, and will need to be supplemented by allocating storm water inspection fees to the Storm Water Discharge Permit Regulatory Compliance Program SD 22- 32 through a budget amendment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Contract Amendment No. 1 to the professional services agreement with WGR to provide small construction inspection and Post- Construction Storm Water Program administration support services for the Phase II Small MS4 General Permit for a cost not to exceed $ 105, 124 to be paid on an hourly basis from funds collected by the City for storm water inspection fees and allocated to the City' s Storm Water Discharge Regulatory Compliance Program SD 22- 32 in accordance with the following budget amendment:
Increase Appropriations
2020- 50- 03- 420- 01- 00 SD 22- 32 $ 95, 316
Increase Revenue
2020- 50- 03- 341- 02- 03 SD 22- 32 $ 95, 316
The foregoing resolution was passed and adopted this 12t'' day of September 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
AMENDMENT NO. 1
TO THE AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING
SERVICES BETWEEN THE CITY OF LATHROP AND
WGR SOUTHWEST, INC.
PROVIDE SUPPORT SERVICES FOR THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM ( NPDES) PHASE II SMALL
MUNICIPAL SEPARATE STORM SEWER SYSTEMS ( MS4) GENERAL
PERMIT REGULATORY COMPLIANCE PROGRAM ( RCP) SD 22- 32
This Amendment ( hereinafter " AMENDMENT NO. 1") to the agreement between WGR Southwest, Inc. and the City of Lathrop dated September 30, 2021 ( hereinafter AGREEMENT") dated for convenience this September 12, 2022, is by and between WGR Southwest, Inc. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experience, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, on September 30, 2021 CONSULTANT and CITY entered into an AGREEMENT to provide NPDES Small Construction Project Inspection support; and WHEREAS, CONSULTANT has provided the CITY with a scope of work attached as Exhibit " A" for AMENDMENT NO. 1 to continue NPDES Small Construction Project Inspection support services, in amount not to exceed $ 105, 124 through June 30, 2023- a- z
NOW, THEREFORE, CONSULTANT and CITY agree as follows;
AMENDMENT NO. 1 to AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT for Consulting is hereby amended to add the following:
CONSULTANT agrees to perform additional services in conformance with the scope of work and fee, submitted by the CONSULTANT, attached hereto as Exhibit " A" and incorporated fully herein by this reference. The aforementioned work is in addition to the scope of work in the original AGREEMENT dated September 30, 2021 for Professional Consulting Services. The scope of work is hereby amended by adding Exhibit " A" attached hereto. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and the CITY' S satisfaction.
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC TO PROVIDE SUPPORT SERVICES FOR THE NPDES PHASE II SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS ( MS4) SD 22-32 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
CITY hereby agrees to pay CONSULTANT an additional sum not to exceed 105, 124 for the Professional Consulting Services set forth in Exhibit " A" of this AMENDMENT NO. 1. CONSULTANT shall be paid within thirty ( 30) days of receipt of progress billings containing all information contained in Paragraph 5 of the original AGREEMENT. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work, and this AMENDMENT NO. 1 unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work.
3) Effective Date and Term. Section ( 3) of the AGREEMENT for Consulting is hereby amended as follows:
The effective date of AMENDMENT NO. 1 is September 12, 2022 and it shall terminate no later than June 30, 2023. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv To Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated September 30, 2021 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
Siqnatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC TO PROVIDE SUPPORT SERVICES FOR THE NPDES PHASE II SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS ( MS4) SD 22- 32 Approved as to Form: City of Lathrop
City Attorney
y- LL
Sa vador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Pru. e
Bv
City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
CONSULTANT: WGR Southwest, Inc.
11780 N Hwy 99
Lodi, CA 95240
Signature Date
Print Name and Title)
Page3of3
EXHIBIT• •
rror tbu. ryprtot co, asalmr r
AUgUSt 9, 2022
Mr. Gregory W. Gibson
City of Lathrop
390 Towne Center Dr.
Lathrop, CA 95330
RE: E. lO. c Small Construction Project Inspection Support and E. 12. i & E. 12. h Operation & Maintenance Self Certification Letter and Post- Construction Inventory Support Dear Mr. Gibson,
WGR Southwest, Inc. ( WGR) is pleased to bring you this proposal to provide support for the City' s Phase II MS4 Storm Water Program tasks. Specifically, the City has reyuested support for inspecting small Erosion and Sediment Control Plan ( ESCP) projects for Building Permits, provide additional support as needed to coordinate inspections, update construction inventories, and assist in noncompliance matters, to assist in drafting annual O& M Self Certification letters, and update and maintain the Post- Construction BMP Inventory.
E. lO. c Small Construction Project Inspection Support:
WGR proposes a unit- cost of $ I55/ inspection to perform pre- construction, post- construction, and follow- up inspections required by the Phase II MS4 Permit at small (< 1 acre of soil disturbance) construction projects. The number of inspections ( presented in Attachment A) are estimated based on the level of supported indicated by the City and current volume of active small construction projects.
GR has revie ed ihe number f inspectiuns performed fi om 3anuac}' 2022 to June ? 022 as a basis for the estimate.
Under the " Additional Support" category, we estimate a maximum of two hours a week at an hourly staff rate of $12]/ hour to provide support for updating the construction inventory and coordinating inspections with applicants and staff as needed.
E. 12. i & E. 12. h Support( Annual Self Certification Letters and Post Construction Inventory):
The City has requested support in updating and maintaining the Post Construction Standards Plan( PSP) inventory with the current owner Operations and Maintenance ( O& M) agreements. WGR will need to meet with staff to review development projects within the past few years, ensure copies of all maintenance agreements are available, ensure information on agreements is relevant, assist in updating agreement information if necessary, and update City files and spreadsheets with the current, relevant information.
Additionally, the City has requested assistance in drafting the 2022- 2023 Annual Self-Certification Letters and maintaining the self-certification database spreadsheet once responses have been received.
A second and third lettei• may need to be issued for certain owners if no response is received.
WGR Southwest, Inc.
11780 N. Hwy 99 Lodi, CA 95240•( 209) 334- 5363 ext. 119 • jsonner@wgr- sw. com E. lO. c, E. 12. i& h Storm Water Compliance Support Proposal City of Lathrop
WGR proposes a T& M-based cost approach for the E. 12. i & h program support. WGR estimates approximately 48 hours at the Compliance Specialist rate of$121/ hour and 40 hours at the Compliance Technician Rate of$ 100/ hour( a not-to- exceed cost of$ 9, 808. 00).
Please see Attachment A for the cost estimate.
We thank you for this additional opportunity to serve you. If I can answer any questions concerning our proposal or the permit requirements, please do not hesitate to call me or to schedule a meeting to discuss the proposed scope of work.
Respectfully,
WGR Southwest, Inc.
Jonah Sonner, QSP, C1SEC
Municipal Programs Manager&
Compliance Specialist
209) 334- 5363, ext. 119
j
sonner@wgr- sw. com
O N
t0
a0
W O
a
N p
O O V tm0 O N N t0 aD Q O
M
M 4i
O O
U U
N N
a
aN C C
N ` N O
a a x
N N
UNOM
p, ,\ a\
N
V V V
NN
N
N
N
N
L L
W
t/ i
C C q
L L \ F
ON
N N
N N O
f9 EA fA
O O O
j
J 7 O
O O L
N
L L
C
O N
d
O UC
V L N W U
a , o` v fn
C E
U U U
J l0 t9 tU
V 3 N a a
n E E E
o o c o
LL = U Ci U
N O c0 o N o
N V V
Z
O
LG
F '' w o
a m °' c m c° i
@ N = c
o C
E o
L m o
m
0 N ` N
a O' {" y c
r] C
W
N
c . j o co
E m ° e
N
m a v
o
n
c .
v
a a a a N $ a
C
p. m J
C1 10
O U
E O C C
i y ~
O O
N y j C 0 V
C S G ' D
O L';
r
U •• $. c
d otl o w
o ry m ; o,
UU
o_
W d a. E rn ui a n
o- c m .° 5
o
w
L ' C a
t C p ' p C E
ia m o E
u+ m— 2'
J
Y CO
T". V 7 C j
o
o • s a v m c
2` a Ne, mEQ
U y m o
C
e C ` ' i
c a ._
o D
o
m ai c a w m
rn a c N W 2 '° 10
o
O C' U o N
pF` ed.
u°'i
Q c U
a 2 V c v O oi u
ti-- c m in " o
a r
N °
2 w
o
m ca U ` o °
o, °.. -
a
o
W Va d
gsa` 2- a f " ,' n 2a
a°i c o vVi Uo
o o '° c` m 3
o - W, m
c
o 2' E
R
E
V N - p '.-. V y. l
O l0 N'- r N F U' y
u .
D' O c V O in >
Q W LLl C
fA V ie LL m Q C Q C U