ITEM 4.8
CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES AGREEMENT
WITH FRUIT GROWERS LABORATORY, INC., FOR THE
LATHROP CONSOLIDATED TREATMENT FACILITY
PERMIT COMPLIANCE, CIP WW 20- 17
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with Fruit Growers Laboratory, Inc., for
Water Quality Testing Laboratory, CIP WW 20- 17
Lathrop Consolidated Treatment Facility Surface
Water Discharge
CEQA STATUS: Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was
completed in the Certified Final Environmental
Impact Report ( EIR) ( State Clearinghouse No.
2019110339)
SUMMARY:
The Lathrop Consolidated Treatment Facility ( LCTF) Surface Water Discharge Project Capital Improvement Project ( CIP) WW 20- 17 was created to discharge effluent generated by the LCTF to the San Joaquin River under a National Pollutant Discharge Elimination System ( NPDES) permit issued by the State Water Board.
Water Quality Testing Laboratory services from Fruit Growers Testing Laboratory, Inc., ( FGL) are needed for the Lathrop Consolidated Treatment Facility ( LCTF) wastewater permit compliance through the end of the current fiscal year ending on June 30, 2023 ( FY 2023). FGL' s services are needed to conduct operational testing of the LCTF prior to initiation of river discharge. FGL provided a proposal for the remainder of FY 2023 for a cost of $44, 535.
Staff request Council approve a professional services agreement ( PSA) with FGL for LCTF wastewater permit compliance services through the remainder of the FY 2023 for a cost of $ 44, 535.
BACKG ROU N D:
The Surface Water Discharge Project CIP, WW 20- 17 was created in order to discharge effluent generated by the LCTF to the San ] oaquin River under a NPDES permit issued by the State Water Board. The LCTF is also regulated by a Waste Discharge Requirements ( WDRs) permit for discharge to land. The City has submitted a request to the Regional Water Quality Control Board ( RWQCB) for the WDRs be rescinded in June 2023, but the exact timing for this action remains uncertain.
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC., FOR THE LATHROP CONSOLIDATED TREATMENT FACILITY PERMIT COMPLIANCE CIP WW 20- 17
Water Quality Testing Laboratory services from FGL are needed for the wastewater permit compliance through FY 2023. FGL' s proposal for the remainder of the FY 2023 is for $ 29, 842 for the NPDES permit compliance testing and $ 14, 693 for the WDR permit compliance testing, for a total cost PSA of $ 44, 535.
REASON FOR RECOMMENDATION:
Water Quality Testing Laboratory services from FGL are needed for the LCTF wastewater permit compliance through the end of the FY 2023. These costs are associated with the start- up and operational testing of the facility prior to initiating river discharge for the CIP WW 20- 17.
CEQA STATUS:
Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339). The EIR considered the full range of potential environmental effects of the Project. The services provided by the FGL agreement fall within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA).
FISCAL IMPACT:
The PSA with FGL for LCTF wastewater permit compliance services through the remainder of FY 2023 is for $ 44, 535. Sufficient funds were approved in the adopted FY 22/ 23 budget.
ATACHMENTS:
A. Resolution Approving Agreement with FGL for Water Quality Testing Laboratory Services for NPDES and WDR Permit Compliance for the Lathrop Consolidated Treatment Facility
B. Agreement with FGL for Water Quality Testing Laboratory Services for NPDES and WDR Permit Compliance for the Lathrop Consolidated Treatment Facility CITY MANAGER' S REPORT PAGE 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC., FOR THE LATHROP CONSOLIDATED TREATMENT FACILITY PERMIT COMPLIANCE CIP WW 20- 17
APPROVALS:
s o b 23
Greg Gib n Date
Senior Civil Engineer
2/ 2oZ3
Brad Tay r Date
City + ngineer
1/-
Cari Ja Date
Finance Dir' ctor
2- 2- z o z 3
Michael King Date
Assistant City Mana er
2 ` - oZ3
Salvador Navarrete Date
City Attorney
z •dt• 23
Stepn
J. Salvatore Date
City Manager
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FRUIT
GROWERS LABORATORY, INC., FOR WATER QUALITY TESTING
LABORATORY, CIP WW 20- 17 LATHROP CONSOLIDATED TREATMENT
FACILITY SURFACE WATER DISCHARGE
WHEREAS, the Lathrop Consolidated Treatment Facility ( LCTF) Surface Water Discharge Project Capital Improvement Project ( CIP) WW 20- 17 was created to discharge efFluent generated by the LCTF to the San Joaquin River under a National Pollutant Discharge Elimination System ( NPDES) permit issued by the State Water Board; and
WHEREAS, the LCTF is also regulated by Waste Discharge Requirements WDRs) permit for discharge to land. The City has submitted a request to the RWQCB for the WDRs be rescinded in June 2023, but the exact timing for this action remains uncertain; and
WHEREAS, Water Quality Testing Laboratory services from Fruit Growers Testing Laboratory, Inc., ( FGL) are needed for the LCTF wastewater permit compliance associated with CIP WW 20- 17 start- up and permitting through the end of the current fiscal year ending on ) une 30, 2023 ( FY 2023); and WHEREAS, FGL has provided a proposal to provide water quality testing services needed for the remainder of the FY 2023 for a cost of approximately $ 29, 842 for the NPDES permit compliance testing and $ 14, 693 for the WDR permit compliance testing, for a total cost of $44, 535; and
WHEREAS, sufficient funds were approved in the adopted FY 22/ 23 budget for CIP WW 20- 17; and
WHEREAS, environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339), and the EIR considered the full range of potential environmental effects of the Project; and WHEREAS, the services provided by the FGL Agreement fall within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA).
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a professional services agreement with Fruit Growers Laboratory, Inc., water quality testing laboratory testing services needed for the remainder of FY 2023, for a total cost of $ 44, 535 to be paid from the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17; and NOW THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby determine that environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339).
The EIR considered the full range of potential environmental effects of the Project and that furthermore, the services provided by the FGL agreement fall within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA).
The foregoing resolution was passed and adopted this 13th day of February 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMEN
CITY OF LATHROP
AGREEMENT FOR WATER QUALITY TESTING LABORATORY SERVICES WITH FRUIT GROWERS LABORATORY, INC.
LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER
DISCHARGE, CIP WW 20- 17
THIS AGREEMENT, dated for convenience this 13th day of February, 2023, is by and between Fruit Growers Laboratory, Inc., (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Water Quality Testing Laboratory 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 Water Quality Testing Laboratory 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 Water Quality Testing Laboratory 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' S satisfaction. 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 $ 44, 535, for the Water Quality Testing Laboratory Services set forth 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' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
CITY OF LATHROP- FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
3) Effective Date and Term
The effective date of this Agreement is February 13, 2023, and it shall terminate no later than June 30, 2023.
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' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billinqs
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' S bills 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 Reportinq
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) Auditinq
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 for the purpose of determining compliance with the requirement. CONSULTANT further agrees
CITY OF LATHROP— FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
to maintain such records for a period of three ( 3) years after final payment under this agreement.
8) Assiqnment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Jim Kavanaugh. 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' s project 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) Assiqnment and Subcontractinq
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' S authorized 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' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). 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 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
CITY OF LATHROP- FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' S own 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, 000) 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 aq 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.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
CITY OF LATHROP— FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own 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, 000) 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, 000 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' S cost, 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' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers.
CITY OF LATHROP- FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
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 Coveraqe. 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' S earliest 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' S breach.
11) Indemnification - CONSULTANT' S Responsibilitv
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' S profession.
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 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 OF LATHROP- FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
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) Fundinq
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- FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: Fruit Growers Laboratory, Inc.
Corporate Office
835 Corporation Street
Santa Paula, CA 93012
Phone: ( 805) 392- 2000
17) Miscellaneous
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.
CITY OF LATHROP— FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
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.
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 bythe parties. j) 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' s, request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular 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.
I) 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.
m) 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) 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.
CITY OF LATHROP— FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
q) 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' s fees, incurred or expended in connection with such action against the non- prevailing party.
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) Siqnatures
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- FRUIT GROWERS LABORATORY, INC.
WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
Approved as to Form: City of Lathrop
City Attorney
Z - ' ZOZ3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Fruit Growers Laboratory, Inc.
853 Corporation Street
Santa Paula, CA 93012
Fed ID # 95- 0755000
Business License # 20225
Signature Date
Print Name and Title
sa
Date: January 25, 2023
To:
City of Lathrop Waste Water- 3014982
R
Attn: Greg Gibson ( 209) 992- 0047 E_Mail ggibson@ci. lathrop. ca. us Subject: Price Quote No: ST 20230125- 01 .. NPDES Analyses ( April ' 23 - June ' 23) Good day Greg,
This quote is for Partial Year 2023; one quarter, April through June. Please review footnotes for additional information. We look forward to being of service.
Quote For Time Period: April 1, 2023 through June 30, 2023 Sampled By: FGL Pick Up
Constituent
Analytical
price per Sample No of Samples Extended Price
Method
Analytical Methods Report( EFF- 001 & RSW- 001)
Metals- Sample Prep EPA 200. 2 20. 00 2 40. 00
Individual Metals
EPA 200. 7/ 200. 8 270. 00 2 540. 00
Sb, A1, As, Ba, Be, Cd, Cr,Cu, Fe, Pb, Hg,Mn, Mo, Ni,Se, Ag, T1, Zn) Cyanide, Total( CN) SM4500- CN C, E 75. 00 2 150. 00
Subcontracted: Asbestos, Wastewater EPA 100. 2 345. 00 2 690. 00 Subcontracted: Dioxins, TCDD Only( Aqueous- WW) 285. 00 2 570. 00 VOCs Full List EPA 624. 1 183. 00 2 366. 00
Semi-Volatile Organics( Full List)
EPA 625. 1 ( SemiZgg, 00 2 578. 00 Volatiles)
Chlorinated Pesticides& PCBs EPA 608. 3 197. 00 2 394. 00 Subcontracted: Mercury- Methyl Mercury EPA 1630 255. 00 2 510. 00 Total Hardness( as CaCO3) SM2340B 34. 00 2 68. 00
MBAS SM5540C 60. 00 2 120. 00
Electrical Conductivity( EC) SM2510B 24. 00 2 48. 00
Total Dissolved Solids( TDS) SM2540C 24. 00 2 48. 00
Chloride( Cl) EPA 300. 0 24. 00 2 48. 00
Total Phosphorus( P) EPA 200. 7/ 200. 8 32. 00 2 64. 00 Sulfate( SO4) EPA 300. 0 24. 00 2 48. 00
Total Sulfide( H2S) SM4500- S D 29. 00 2 58. 00
Ammonia( NH3- N) SM4500- NH3 H 33. 00 2 66. 00
Nitrate( NO3- N)
300. 0/ SM4500
24. 00 2 48. 00
Nitrite( NO2- N)
300. 0/ SM4500
Z4. 00 2 48. 00
1, 2, 3- Trichloropropane SRL 524M- TCP 100. 00 2 200. 00 EDB& DBCP( temporary subcontract) EPA 504. 1 100. 00 2 200. 00 Herbicides EPA 515. 3 165. 00 2 330. 00
Subcontracted: EPA 525. 2 w/ 507 Pesticides, Full List EPA 525. 2 265. 00 2 530. 00 Carbamates EPA 531. 1 165. 00 2 330. 00
Subcontracted: Endothall EPA 548. 1 165. 00 2 330. 00
Diquat( temporary subcontract) EPA 549. 2 165. 00 2 330. 00 Subcontracted: Tributyltin( Liquid and Solid) 250. 00 2 500. 00
Corporate Officas 8 Laboratory Ottico& Laboratory OTTice 8 Laboratory Office& Laboratory Office 8 Laboratory 853 Corporation Street 2500 Stagecoach Road 563 E. Lindo Avenue 3442 Empresa Drive, Suite D 9415 W. Goshen Avenue Santa Paula, CA 93060 Stockton, CA 95215 Chico, CA 95926 San Luis Obispo, CA 93401 Visalia, CA 93291 TEL:( 805) 392- 2000 TEL:( 209) 942- 0182 TEL:( 530) 343- 5818 TEL:( 805) 783- 2940 TEL:( 559) 734- 9473 Env FAX:( 805) 525-4172/ Ag FAX:( 805) 392- 2063 FAX:( 209) 942- 0423 FAX:( 530) 343- 3807 FAX:( 805) 783- 2912 FAX:( 559) 734- 8435 CA ELAP Certification No. 1573 CA ELAP Certification No. 1563 CA ELAP Certification No. 2670 CA ELAP Certification No. 2775 CA ELAP Certification No. 2810 Constituent Analytical
p ce per Sample No of Samples Eactended Price Method
Analytical Methods Report( EFF-001 & RSW- 002)
Subcontracted: EPA 8270 Total Pyrethroid Pesticides EPA 8270 385. 00 2 770. 00 Constituent Analytical
price per Sample No of Samples Extended Price Method
Analytical Methods Report ( EFF- 001 & RSW- 001, RSW- 002 Dissolved Organic Carbon( DOC) SM 5310C 70. 00 3 210. 00 Total Organic Carbon( TOC) SM 5310C 70. 00 3 210. 00
Constituent Analytical
price per Sample No of Samples Extended Price Method
Routine Chemical Methods ( INF- 001)
Biochemical Oxygen Demand( BOD5) SM5210B 33. 00 26 858. 00 Total Suspended Solids( TSS) SM2540D 20. 00 26 520. 00
Constituent Analytical
p ce per Sample No of Samples Extended Price Method
Routine Chemical Methods ( EFF- 001)
Total& Fecal Coliform- LTB Series- 15 tube SM9221B, E 33. 00 91 3003. 00 Biochemical Oxygen Demand( BOD5) SM5210B 33. 00 52 1716. 00 Total Suspended Solids( TSS) SM2540D 20. 00 52 1040. 00 Ammonia( NH3- N) SM4500- NH3 H 43. 00 13 559. 00
VOCs( DBCM, DCBM, Bromoform, Chloroform) EPA 624. 1 115. 00 3 345. 00 Prep for Total Metals Analysis EPA 200 20. 00 3 60. 00
Individual Metals- Ba EPA 200. 7/ EPA
15. 00 3 45. 00 200. 8
Nitrate( NO3- N)
300. 0/ SM4500
24. 00 3 72. 00
Nitrite( NO2-N)
300. 0/ SM4500
Z4. 00 3 72. 00
Nitrate + Nitrite as N( NO3- N+ NO2- N)
SM4500- NO3
0. 00 3 0. 00 F/ EPA 300. 0
Dissolved Organic Carbon( DOC) SM 5310C 75. 00 1 75. 00 Total Hardness( as CaCO3) SM2340B 34. 00 1 34. 00
Subcontracted: Mercury- Methyl Mercury EPA 1630 255. 00 1 255. 00 Subcontracted: Mercury- Ultra Low Level( Sampling EPA 1631/ EPA Clean Hands/ 185. 00 1 185. 00 Dirty Hands EPA 1669) 1669 Individual Metals- Pb EPA 200. 7/ EPA
15. 00 1 15. 00 200. 8
Chlorinated Pesticides( Chlorpyrifos, Diazinon)
EPA 625. 1
365. 00 1 365. 00 Pesticides)
Constituent alytical
p ce per Sample No of Samples Eutended Price Method
Routine Chemical Methods ( RSW- 002, 003
Ammonia( NH3- N) SM4500-NH3 H 33. 00 26 858. 00
Dissolved Organic Carbon( DOC) SM 5310C 70. 00 2 140. 00 Total Hardness( as CaCO3) SM2340B 34. 00 2 68. 00
Constituent
Analytical
p ce per Sample No of Samples Extended Price Method
Toxicity Testing( EFF- 001)
Subcontracted: Bioassay- Acute Toxicity, Rainbow Trout 1750. 00 1 1750. 00 Subcontracted: Bioassay- Chronic Toxicity, 3- Species, 5- 7475. 00 1 7475. 00 Dilutions
Constituent
Analytical
price per Sample No of Samples Extended Price
Method
Toxicity Testing ( Dowstream RSW- 002, or RSW-003)
Subcontracted: Bioassay- Acute Toxicity, Hyalella
1750. 00 1 1750. 00 Azteca
Constituent
Analytical
p ce per Sample No of Samples Extended Price Method
Field Services
Samples Pick up Fee 35. 00 4 140. 00
Total Price Quote: 29842. 00
If a detection level exceedance occurs on the primary sample, the Travel Blank will be analyzed and charged as an additional sample. This pertains to EPA Methods: 504, 524. 2, 551 or SRL524M.
A QualityAssurance/ Quality Control report is supplied with all of our analyses. This assures our valued clients of accurate and defensible data.
All work undertaken is subject to our terms and conditions, which are available upon request.
Note: Beginning September 2022, invoices will show a $ 3. 00 Materials/ Disposal Fee for each COC submitted.
Note: FGL provides our customers with sampling supplies at no charge, when picked up at the lab. A fee applies to have them delivered.
Note: FGL may subcontract certain analyses whenever industry conditions restrict the ability to provide results within a timely manner. This may include certain organic methods such as: EPA 500' s, 600' s and 8000' s.
If you have any questions regarding this quote or require any modifications, please call ( 805) 392- 2000 and ask to speak with a marketing associate. Thank you.
Reviewed and Glenn Olsen Yy Prepared By: Glenn A. Olsen Approved By Marketing Director Date: 2023- 01- 25 14: 40
a
Date: January 23, 2023
To: Veolia Water North America MBR- 3015762
Attn: Greg Gibson ggibson@ci. lathrop. ca. us
Subject: Price Quote No: ST 20230120- 01 . . LCTF - WDR ( Partial Year Estimate) Good day Greg, FGL appreciates the opportunity to provide this quote based upon the current schedule of analysis for the Lathrop CTF. This quote is valid March 1, 2023 through June 31, 2023 at which time a subsequent quote will take over, running from July 1, through June 30, 2024. We look forward to being of continued service.
Quote For Time Period: March 01, 2023 through June 30, 2023 Sampled By: FGL Pick Up
Constituent
alytical
price per Sample No of Samples Extended Price Method
Daily( 7- Days per Week)
Total& Fecal Coliform- LTB Series- 15 tube SM9221B, E 33. 00 122 4026. 00 Group Price: 4026. 00
Constituent
alytical
price per Sample No of Samples Extended Price Method
Weekly( EFF& INF)
Biochemical Oxygen Demand( BOD5) SM5210B 33. 00 36 1188. 00 Total Suspended Solids ( TSS) SM2540D 20. 00 36 720. 00 Total& Fecal Coliform- LTB Series- 15 tube SM9221B, E 33. 00 36 1188. 00 Group Price: 3096. 00
Constituent
Analytical
p ce per Sample No of Samples Extended Price Method
Monthly( EFF& INF)
Total Dissolved Solids ( TDS) SM2540C 20. 00 8 160. 00
Group Price: 160. 00
Constituent
Analytical
p ce per Sample No of Samples Extended Price Method
Monthly( Effluent Only, Rush)
Nitrate ( NO3 or NO3- N)
300. 0/ SM4500
Z0. 00 4 80. 00
Nitrite( NO2 or NO2- N)
300. 0/ SM4500
20. 00 4 80. 00
Total Kjeldahl Nitrogen( TKN) EPA 351. 1 53. 00 4 212. 00 Total Nitrogen( TKN + NO3- N + NO2- N) Calculation 0. 00 4 0. 00 Group Price: 372. 00
Page i of 3
Corporate O ces& Laboratory Office 8. Laboratory Offiee 8 Laboratory Oftice& Laboratory Office 8 Laboratory 853 Corporation Street 2500 Stagecoach Road 563 E. Lindo Avenue 3442 Empresa Drive, Suite D 9415 W. Goshen Avenue Santa Paula, CA 93060 Stockton, CA 95215 Chico, CA 95926 San Luis Obispo, CA 93401 Visalia, CA 93291 TEL:( 805) 392- 2000 TEL:( 209) 942- 0182 TEL:( 530) 343- 5818 TEL:( 805) 783- 2940 TEL:( 559)734- 9473 Env FAX:( 805) 525- 4172/ Ag FAX:( 805) 392- 2063 FAX:( 209) 942- 0423 FAX:( 530) 343- 3807 FAX:( 805) 783-2912 FAX:( 559) 734-8435 CA ELAP Certification No. 1573 CA EIAP Certification No. 1563 CA ELAP Certification No. 2670 CA ELAP Certification No. 2775 CA ELAP CeRification No. 2810 Constituent
Analytical
price per Sample No of Samples Extended Price Method
Annually( EFF Priority Pollutants)
Priority Pollutant Metals
EPA 200. 7/ 200. 8 169. 00 1 169. 00 Sb, As, Be, Cd, Cr,Cu, Pb, Hg, Ni,Se, Ag,T1, Zn) Chromium VI( Cr+ 6) EPA 218. 6 59. 00 1 59. 00
Chlorinated Pesticides & PCBs EPA 608. 3 130. 00 1 130. 00 VOCs Full List EPA 624. 1 183. 00 1 183. 00
Semi- Volatile Organics ( Full List)
EPA 625. 1 ( Semi2gg. 00 1 289. 00
Volatiles)
Chlorinated Pesticides
EPA 625. 1
197. 00 1 197. 00
Pesticides)
Subcontracted: Dioxins, Full Congeners List
687. 00 1 687. 00 Soil/ Sludge)
Subcontracted: Asbestos Wastewater EPA 100. 2 370. 00 1 370. 00 Group Price: 2084. 00
Constituent
Analytical
p ce per Sample No of Samples Extended Price
Method
Annually( Water Supply)
Prep for Total Metals Analysis EPA 200 18. 00 1 18. 00
Individual Metals- B; Ca; Fe; K;Mg; Mn; Na;
EPA 200. 7/ EPA
gg, 00 1 98. 00 200. 8
Total Hardness ( as CaCO3) SM2340B 34. 00 1 34. 00
Group Price: 150. 00
Constituent
Analytical
price per Sample No of Samples Extended Price Method
Field Services
Sample Pick Up, Standard Weekday 35. 00 88 3080. 00
Sample Collection Fee- Saturday/ Sunday 50. 00 33 1650. 00 Sample Collection Fee- Holiday 75. 00 1 75. 00
Group Price: 4805. 00
Total Price Quote: 14693. 00
A Quality Assurance/ Quality Control report is supplied with all of our analyses. This assures our valued clients of accurate and defensible data.
All work undertaken is subject to our terms and conditions, which are available upon request.
Note: Beginning September 2022, invoices will show a $ 3. 00 Materials/ Disposal Fee for each COC submitted.
Note: FGL provides our customers with sampling supplies at no charge, when picked up at the lab. A fee applies to have them delivered.
Note: FGL may subcontract certain analyses whenever industry conditions restrict the ability to provide results
within a timely manner. This may include certain organic methods such as: EPA 500' s, 600' s and 8000' s.
If you have any questions regarding this quote or require any modifications, please call ( 805) 392- 2000 and ask to speak with a marketing associate. Thank you.
Reviewed and Glenn Olsen Prepared By: Glenn A. Olsen
Approved By Marketing Director Date: 2ozs- oi- zs iz: is