ITEM 4. 19
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH WGR SOUTHWEST, INC. TO
PROVIDE SMALL CONSTRUCTION PROJECT
INSPECTION SUPPORT FOR THE CITY' SSTORM
WATER DISCHARGE PERMIT SD 24-1
Adopt a Resolution Approving a Professional
Services Agreement with WGR Southwest, Inc.,
to Provide Small Construction Project
Inspection Support for the Phase II Small MS4
Storm Water Discharge Permit Regulatory
Compliance Program SD 24-1
SUMMARY:
Approval of a professional services agreement with WGR Southwest, Inc. (WGR) is requested to provide small construction project inspection support services for the City of Lathrop ( City) Small Phase II Municipal Separate Storm Sewer System ( MS4) regulatory compliance program SD 24-1. The cost of the agreement is $ 96, 276 and is to be paid from the storm water inspection fees collected during the building permit process.
BACKGROUND:
The current 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 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 today are now mostly administered by Public Works staff with the exception of the small construction project inspections. At the request of staff, WGR has provided a proposal to provide small construction project inspection support services from July 1 2024 through June 30, 2027. The cost for these services is estimated to be $ 96, 276 based on the current volume of small construction projects.
REASON FOR RECOMMENDATION:
Approval of the agreement with WGR will allow the City to remain in compliance with the Phase II Small MS4 General Permit for small construction project inspections.
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC. TO PROVIDE SMALL CONSTRUCTION PROJECT INSPECTION SUPPORT FOR THE CITY' SSTORM WATER DISCHARGE PERMIT SD 24-1 FISCAL IMPACT:
Sufficient funds were allocated to SD 24-1 in the adopted Fiscal Year 2024/5budget for the Storm Water Discharge Permit; therefore, no budget amendment is necessary.
ATTACHMENTS:
A. Resolution Approving a Professional Services Agreement with WGR Southwest, Inc., to Provide Small Construction Project Inspection Support for the Phase II MS4 Storm Water Discharge Permit SD 24-1
B. Professional Services Agreement with WGR Southwest, Inc. to Provide Small Construction Project Inspection Support for the Phase II MS4 Storm Water Discharge Permit Regulatory Compliance Program SD 24-1
CITY MANAGER' SREPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC. TO PROVIDE SMALL CONSTRUCTION PROJECT INSPECTION SUPPORT FOR THE CITY' SSTORM WATER DISCHARGE PERMIT SD 24-1 APPROVALS:
Bellal N zadah Date
Assistant Engineer
Brad ylor
City ngineer
Ca iFT" e
Finance D ector
Date
6/ Li/ zoo
W6/ 3ingf
Date
Michael King Date
Assistant City Manger
Salvador Navarrete
City Attorney
6y -2o -
Date
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WGR
SOUTHWEST, INC. TO PROVIDE SMALL CONSTRUCTION PROJECT
INSPECTION SUPPORT SERVICES FOR THE PHASE II SMALL MS4 STORM WATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM SD 24- 21 WHEREAS, the current Phase II Small MS4 General Permit for storm water discharge was adopted by the State Water Resources Control Board ( SWRCB) 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 required under the permit to submit Erosion and Sediment Control Plans ( ESCPs) for review; and
WHEREAS, until recently, WGR has provided the City with comprehensive storm water permit compliance support services, which are now mostly administered by Public Works staff with the exception of the small construction project inspections; and
WHEREAS, at the request of staff, WGR has provided a proposal to provide small construction project inspection support services from July 1, 2024 through June 30, 2027 for an estimated cost of $ 96, 276 based on the current volume of small construction projects; and
WHEREAS, sufficient funds were allocated to SD 24-1 in the adopted Fiscal Year 2024/5 budget for the Storm Water Discharge Permit; therefore, no budget amendment is necessary.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a professional services agreement with WGR to provide small construction inspection support services for the Phase II Small MS4 General Permit for a cost not to exceed $ 96, 276 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 Permit Regulatory Compliance Program SD 24-1.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 10th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH WGR SOUTHWEST, INC.
TO PROVIDE SMALL CONSTRUCTION PROJECT INSPECTION SUPPORT FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
THIS AGREEMENT, dated for convenience this 10TH day of June, 2024 is by and between WGR Southwest, Inc. ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. 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 of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 96, 276, for the Professional Consulting Services set forth as described in Exhibit "A". CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' sauthorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
3) Effective Date and Term
The effective date of this Agreement is July 1, 2024, and it shall terminate no later than June 30, 2027.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit "A" to City' ssatisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billings
CONSULTANT 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. CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT 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
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE 11 SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three (3) years after final payment under this agreement.
8) Assignment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' scapabilities and on the qualifications of CONSULTANT' sprincipals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Danny Aspiras, Municipal Programs Manager & Compliance Specialist. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, 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 CONSULTANT of any changes of CONSULTANT' sproject staff prior to any change.
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 9) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT.
Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' Sauthorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,0) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California -admitted insurers with a Best' s rating of no less than A: VII.
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE 11 SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($2, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
ii) Notice of cancellation, material change, or non - renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' Scost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew the coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' sauthorized representative, CONSULTANT may increase such
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE 11 SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f)In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
11) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and (c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed.
It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
To City:
Copy to:
To Consultant:
17) Miscellaneous
City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
WGR Southwest, Inc.
11780 N. Hwy 99
Lodi, CA 95240
Phone: (209) 334- 5363 ext. 115
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) 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 attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
i)
i)
Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
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 the CITY. Upon CITY' srequest, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' sregular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
1)
m)
Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits. n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
P)
q)
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 19) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement 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 — PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC. FOR THE PHASE II SMALL MS4 STORMWATER DISCHARGE PERMIT REGULATORY COMPLIANCE PROGRAM CIP SD 24-1
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved by:
Resolution No.:
Consultant:
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
WGR Southwest, Inc.
11780 N. Hwy 99
Lodi, CA 95240
Fed ID # 33- 0717621
Business License # 20074
Signature Date
Print Name and Title
EXHIBIT A
Not }
WGR bur T) ptcai Consultant
May 28th, 2024
Mr. Gregory W. Gibson
City of Lathrop
390 Towne Center Dr.
Lathrop, CA 95330
RE: E. 10. cSmall Construction Project Inspection
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 requested 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.
E. 10. c Small Construction Project Inspection Support:
WGR proposes a unit -cost of $155/ inspection to perform pre -construction, post -construction, and follow- upinspections 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.
Under the " Additional Support" category, we estimate a maximum of two hours a week at an hourly staff rate of $131/ hour to provide support for updating the construction inventory and coordinating inspections with applicants and staff as needed.
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.
Danny Aspiras,
Municipal Programs Manager &
Compliance Specialist
WGR Southwest, Inc.
11780 N. Hwy 99 Lodi, CA 95240• (209) 334- 5363 ext. 115 • daspiras@wgr- sw. com Estima Inc
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r
Meetings,
In
Scheduling
spectio
or
ns,
CoUpdating nstructio Invn
entory
8 Hours moper
nth for
12 Months
@
131
Hour
12, 576
A
nnualTotal
Estimated
Cost:
C
osts
reimbu
rsed
to
the
City
by
dev elo pe
r
fee
s.
Numbe
r
of
pro je
cts
e
stimated.
96, 276