ITEM 4. 11
CITY MANAGER' S REPORT
FEBRUARY 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AGREEMENT WITH EKI ENVIRONMENT &
WATER, INC. FOR SANITARY SEWER MANAGEMENT
PLAN UPDATE AND APPROVE BUDGET AMENDMENT
FOR WW 24-2 SSO REDUCTION
RECOMMENDATION: Adopt a Resolution to Approve an Agreement with EKI Environment & Water, Inc. to Update the City of
Lathrop' s Sanitary Sewer Management Plan and
Approve a Budget Amendment for WW 24-2
Sanitary Sewer Overflow Reduction
SUMMARY:
The City of Lathrop' sSanitary Sewer Management Plan needs to be updated to match current conditions and for compliance with the State regulations for sanitary sewer systems. Staff requests City Council to adopt a resolution to approve an agreement with EKI Environment & Water, Inc. ( EKI) to update the City' s Sanitary Sewer Management Plan ( SSMP). The cost of the agreement with EKI is $ 38, 500 and, if approved, will be paid through the WW 24-2 Sanitary Sewer Overflow ( SSO) Reduction Regulatory Compliance Program ( RCP). Sufficient funds were not included in the adopted FY 24/5 budget for CIP WW 24-2. Therefore, staff requests that Council approve a budget amendment of $ 38, 500 by allocating $ 25, 025 from the MBR Sewer Fund 6080 and $ 13, 475 from the MWQCF Collection System Fund 6010 to the RCP WW 24-2 SSO Reduction Fund.
BACKGROUND:
The City of Lathrop, along with all public entities that own or operate sanitary sewer systems in the State of California, is required by the State Water Resources Control Board ( SWRCB) Order No. 2022- 0103- DWQ, to develop and implement a Sanitary Sewer Management Plan ( SSMP). An update to the existing SSMP is needed to reflect current conditions and for compliance with the State regulations which is due on August 2, 2025. At the request of staff, EKI has provided a proposal for updating the City' s
SSMP for a cost of $ 38, 500.
RECOMMENDATION:
To comply with the State General Order for Sanitary Sewer Systems, staff requests City Council adopt a resolution to approve an agreement with EKI Environment & Water, Inc. to update the City of Lathrop' sSSMP and approve a budget amendment for the WW 24-2 Sanitary Sewer Overflow Reduction RCP.
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. FOR
SANITARY SEWER MANAGEMENT PLAN UPDATE AND APPROVE BUDGET AMENDMENT FOR WW 24-2 SSO REDUCTION
FISCAL IMPACT
The cost of the agreement with EKI is $ 38, 500 and will be paid through the WW 24- 22 SSO Reduction RCP. Sufficient funds were not included in the adopted FY 24/5 budget for CIP WW 24-2. Therefore, staff requests that Council approve a budget amendment of $ 38, 500 by allocating $ 25, 025 from the MBR Sewer Fund 6080 and 13, 475 from the MWQCF Collection System Fund 6010 to RCP WW 24-2 as follows:
Increase Appropriation
6010- 5030- 420- 01-
6080- 5034- 420- 01-
ATTACHMENTS:
RCP WW 24-2 $ 13, 475
RCP WW 24-2 $ 25, 025
A. Resolution to Approve an Agreement with EKI Environment & Water, Inc. to Update the City of Lathrop' sSanitary Sewer Management Plan and Approve a Budget Amendment for the WW 24-2 Sanitary Sewer Overflow Reduction B. Agreement with EKI Environment & Water, Inc., for Updating the City of Lathrop' sSanitary Sewer Management Plan WW 24-2
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. FOR
SANITARY SEWER MANAGEMENT PLAN UPDATE AND APPROVE BUDGET AMENDMENT FOR WW 24-2 SSO REDUCTION
APPROVALS:
Greg Gibson Date
Senior Civil Engineer
Brad aylor
City Engineer
Cari Jame
Finance Dir
OZ/ DS/ Zp2
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Date
Date
Michel King Date
Assistant City Manager
2/ 5/ soZS
Salvador Navarrete Date
City Attorney
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StiteThen J. Salvatore Date
City Manager
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE AN AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. TO
UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN AND APPROVE A BUDGET AMENDMENT FOR WW 24-2 SANITARY SEWER
OVERFLOW REDUCTION
WHEREAS, the City of Lathrop, along with all public entities that own or operate sanitary sewer systems in the State of California, is required by the State Water Resources Control Board ( SWRCB) Order No. 2022- 0103- DWQ, to develop and implement a Sanitary Sewer Management Plan ( SSMP); and WHEREAS, an update to the existing SSMP is needed to reflect current conditions and for compliance with the State regulations which is due on August 2, 2025; and
WHEREAS, at the request of staff, EKI Environment & Water, Inc. (EKI) has provided a proposal for updating the City' s
SSMP to match current conditions and
regulations; and
WHEREAS, the cost of the agreement with EKI is $ 38, 500 and will be paid through the WW 24-2 SSO Reduction Regulatory Compliance Program ( RCP); and WHEREAS, sufficient funds were not included in the adopted FY 24/5 budget for CIP WW 24-2; and
WHEREAS, staff requests that Council approve a budget amendment of 38, 500 by allocating $ 25, 025 from the MBR Sewer Fund 6080 and $ 13, 475 from the MWQCF Collection System Fund 6010 to RCP WW 24-2.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve an agreement with EKI to update the City' s SSMP for
a cost not to exceed $ 38, 800 to be paid using funds budgeted under the regulatory compliance program for the Sanitary Sewer Management Plan WW 24-2; and BE IT FURTHER RESOLVED, the City Council of the City of Lathrop does hereby approve the following budget amendment:
Increase Appropriation
6010- 5030- 420- 01-
6080- 5034- 420- 01-
RCP WW 24-2
RCP WW 24-2
13, 475
25, 025
The foregoing resolution was passed and adopted this 10th day of February 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN WW 24-2 SANITARY SEWER OVERFLOW REDUCTION
THIS AGREEMENT, dated for convenience this 10th day of February 2025, is by and between EKI Environment & Water, Inc. ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to Update the City of Lathrop' s Sanitary Sewer Management Plan WW 24-2 Sanitary Sewer Overflow Reduction, 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 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 Update the City of Lathrop' sSanitary Sewer Management Plan WW 24-2 Sanitary Sewer Overflow Reduction 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 $ 38, 500 for the Professional 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 - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
3) Effective Date and Term
The effective date of this Agreement is February 10, 2025, and it shall terminate no later than June 30, 2026.
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) Assignment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities
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: Jonathan Sutter, P. E. 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' ssole discretion,
project staff
and
prior
shall
to any
be
change.
notified by CONSULTANT of any changes of CONSULTANT' s
CITY OF LATHROP - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
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. 8) 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' Sauthorized representative. 9) 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' 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, 000,0). 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 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.
CITY OF LATHROP - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
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' srating 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.
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.
CITY OF LATHROP - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' S SANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
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' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' sauthorized 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.
CITY OF LATHROP - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
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.
10) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' Swork 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 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.
CITY OF LATHROP - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' S SANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
11) 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.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) 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.
14) 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.
15) 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 - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
To City:
Copy to:
To Consultant:
16) 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
EKI Environment & Water, Inc..
Jonathan Sutter, P. E.
2001 Junipero Serra Blvd, Suite 300
Daly City, CA 94014
Federal ID # 94- 3087395
Lathrop Business License # _
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.
CITY OF LATHROP - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' S SANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
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)
j)
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.
I)
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) 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 - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
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' sfees, incurred or expended in connection with such action against the non -prevailing party.
17) 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. 18) 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 - EKI ENVIRONMENT & WATER, INC.
TO UPDATE THE CITY OF LATHROP' SSANITARY SEWER MANAGEMENT PLAN WW 24-2
SANITARY SEWER OVERFLOW REDUCTION
Approved as to Form:
Recommended for Approval:
Approved by:
Consultant:
City of Lathrop
City Attorney
Salvador Navarrete
City of Lathrop
Assistant City Manager
Date
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
EKI Environment & Water, Inc.
Jonathan Sutter, P. E.
2001 Junipero Serra Blvd, Suite 300
Daly City, CA 94014
Phone: ( 650) 292- 9100
Federal ID # 94- 3087395
Lathrop Business License # 20137
Signature Date
Print Name and Title
Signature Date
Print Name and Title
EXHIBIT " N "
e
environment
water
27 January 2025
Greg Gibson, P. E.
Senior Civil Engineer
City of Lathrop — Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
650) 292- 9100
ekiconsult. com
Subject: Proposal for Updates to the Sanitary Sewer Management Plan Lathrop, CA
EKI C50013. 00)
Dear Mr. Gibson:
EKI Environment & Water, Inc. ( EKI) is pleased to provide this proposed scope of water to the City of Lathrop ( City) for updating the City' s Sanitary Sewer Management Plan ( SSMP).
BACKGROUND
The California State Water Resources Control Board ( SWRCB) Order 2O22- O1O3- DWQ: Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems ( General Order), was adopted on 6 December 2022 and became effective on 5 June 2023. The General Order supersedes the previous SWRCB Order 2006- 003- DWQthat regulates sanitary sewer systems in the State of California.
Unlike the previous order, the General Order:
Clarifies that the statewide waste discharge requirements are applicable to waters of the State, including surface waters and groundwater;
Regulates private systems of any size and public systems less than one mile in length, per the discretion of a Regional Water Board;
Includes a new prohibition of any discharge of sewage from a sanitary sewer system that has the potential to discharge to waters of the State unless promptly cleaned up; Expands on prioritization of system -specific management, operations, and maintenance activities to address system resilience;
Addresses underground sewage exfiltration from a sanitary sewer system; Requires sewer system owners to coordinate with stormwater, drinking water, and other utility agencies for planning and emergency spill response;
Reduces frequency of Sewer System Management Plan and subsequent updates, from five years to six years;
Reduces frequency for local internal audits from once every two years to once every three years; Davis, CA • Irvine, CA • Marin, CA • Oakland, CA
Denver, CO • Glastonbury, CT • Boston, MA • Holyoke, MA • New York, NY • Pittsboro, NC • Seattle, WA Greg Gibson, P. E.
City of Lathrop
27 January 2025
e
environment
1 & water
Reduces timeframe for water quality sampling of a surface water receiving a spill of 50, 000 gallons or greater from 48 hours to 12 hours;
Reduces reporting requirements of less -than - 50 -gallon sewage spills from monthly to quarterly; Requires annual submittal of system performance graphs; Adds new requirement for submittal of electronic sewer system service area boundary maps; and, Implements full electronic reporting through the California Integrated Water Quality System.
The General Order requires every local public sewer collection system agency to develop a SSMP and update it every six years. The City' s next required SSMP update is due on 2 August 2025 under the new SWRCB general order. The City has requested that EKI update the existing SSMP, dated March 2018, to match the current condition of the City' ssanitary sewer system and current existing regulations and guidance.
SCOPE OF WORK
The proposed scope of work for this project is summarized below.
Task 1: Collect Information, Conduct Kick- off Meeting and Project Management Under this task, EKI will review requirements of the new General Order and submit a Request for Information ( RFI) to the City. EKI will review information already available to EKI as well as requested documents and data including:
The City' s existing SSMP, dated March 2018;
The City' s 2024 Wastewater System Master Plan Amendment; The current collection system geodatabase that includes the City' ssewer system assets; The City' scurrent code and ordinances regarding sewer system management; The City' swaste discharge requirements and permits;
The City' scurrent sewer system management structure and staff; Systems data ( number of SSOs in recent years, condition assessment summaries, video assessment reports, etc.); and,
Other information as needed, potentially including description of the City' s preventative management program, condition assessment program, most recent capital improvement programs, procedures for coordination with other agencies, etc.
EKI will then conduct a kick- off meeting with the City to discuss project goals, roles, responsibilities, the schedule, and expectations. As part of the meeting, EKI and City staff will review the information gathered with respect to key requirements of the new General Order and discuss the approach of meeting the requirements.
Greg Gibson, P. E.
City of Lathrop
27 January 2025
e
environment
water
This task also includes EKI' s efforts for routine project management ( i.e., staffing coordination, invoicing, file management, etc.) and communication with City staff. In addition, it is anticipated that EKI will conduct up to two (2) interviews with City operations and maintenance staff (O&M) to collect information on the City' scurrent O&M program and data management systems.
Deliverables:
Information request log.
Meeting agendas, presentations, and minutes.
Monthly budget and progress summary reports.
Key assumptions:
Kickoff and progress meetings and interviews will be held remotely over video conference.
Task 2: Prepare SSMP Update
EKI will prepare a draft update to the City' s
SSMP to match current conditions and regulations in the updated General Order. As part of this effort, EKI will:
Compare the existing SSMP against the required elements outlined in Attachment D of the General Order, and restructure, revise and/ or supplement the SSMP as appropriate.
Update Element 1, Goal and Introduction, to add a SSMP update schedule and expand the system description per Attachment D of the General Order.
Update Element 2, Organization, to identify the City' scurrent sanitary sewer management structure and approach, as well as the chain of communication for reporting spills to the State and Regional Water Boards.
Review and update Element 3, Legal Authority, to identify current sanitary sewer management codes, ordinances, and agreements.
Update Element 4, Operations and Maintenance Program, to (1) identify the City' scurrent preventative maintenance measures, training, and sewer system equipment and (2) prepare an updated map of the sanitary sewer system assets and add procedure for maintaining and providing State and Regional Board staff access to the maps.
Update Element 5, Design and Performance Provisions to include current design and construction standards and procedures for inspecting new or repaired facilities.
Update Element 6, Overflow Emergency Response Plan, to include the City' scurrent spill response procedures and add procedures to: (1) reflect new notification, sampling, and reporting requirements in the General Order; (2) reflect revised spill categories per Section
5. 13. of the General Order; and ( 3) prepare an annual assessment of the Spill Emergency Response Plan, including plan updates as needed.
Expand Element 7, Fats, Oils, and Grease ( FOG) Control Program to reflect updated requirements for a " Sewer Pipe Blockage Control Program" to include procedures for all " pipe - blocking substances."
Greg Gibson, P. E.
City of Lathrop
27 January 2025
eki environmentwater
Revise Element 8, System Evaluation and Capacity Assurance Plan, to (1) include current procedures for conducting condition and capacity assessments, prioritization of corrective actions, and include a description of the capital improvement plan; and ( 2) be consistent with the 2024 update of the Integrated Water Resources Master Plan (" IWRMP").
Update Element 9, Monitoring, Measurement, and Program Modifications, to reflect current procedures for addressing implementation effectiveness and steps for SSMP improvement.
Revise Element Section 10, SSMP Audits, to state that the new General Order requires internal audits of SSMP at a minimum of once every three years for sewer systems of all sizes, and the Legally Responsible Official shall submit an audit report to the online CIWQS Sanitary Sewer System database.
Update Element 11, Communication Program, as applicable, to reflect current Public Outreach Events and public communications.
EKI will prepare one complete draft of the SSMP for the City' sreview and comment. Following receipt of comments, EKI will incorporate the City' scomments on the Draft SSMP into a Final SSMP.
Deliverables:
A Draft SSMP in electronic ( PDF and doc) format.
A Final SSMP in electronic ( PDF and doc) format.
Task 3: Prepare Electronic Submittal
EKI will prepare the electronic submittal package, including the Final SSMP and electronic service area map ( per Section 5. 14 of the General Order), that will be uploaded to the California Integrated Water Quality System ( CIWQS) Sanitary Sewer System Database. EKI will be available to assist with electronic submittal, as requested by the City.
Deliverables:
A submittal package including a Final SSMP in electronic ( PDF) format and a service area map in electronic ( shapefile or KML/MZ) format.
SCHEDULE
EKI will begin work upon receiving authorization from the City. EKI anticipates the above scope of work can be completed within approximately four months upon receiving authorization, assuming timely provisions of data and information from the City, and timely review of the SSMP drafts.
COMPENSATION
We propose that compensation for consulting services by EKI be on a time and expense reimbursement basis in accordance with our attached Schedule of Charges, dated 1 January 2025.( Attachment A) Based Greg Gibson, P. E.
City of Lathrop
27 January 2025
environment e & water
on the proposed Scope of Work described above, we propose a budget of $38, 500 as summarized in Table 1 below. A detailed budget breakdown is provided in Attachment B.
Table 1. Proposed Cost by Tasks
Task Description Task Total
1 Collect Information, Conduct Kick- off Meeting, and Project Management
9, 200
2 Prepare SSMP Update 27, 500
3 Prepare Electronic Submittal 1, 800
Total Estimated Budget 38, 500
TERMS AND CONDITIONS
Other than the scope of work, budget, and schedule herein, the work will be performed per the terms and conditions established in our current agreement with the City of Lathrop dated 11 April 2022.
We are pleased to have the opportunity to work with the City of Lathrop. Please call us at (650) 292- 9100 if you have any questions or wish to discuss this proposal in greater detail.
Very truly yours,
EKI ENVIRONMENT & WATER, INC.
414- L_
Tina Wang, P. E. . orjathan Sutter, P. E.
Associate Engineer r ncipal Engineer
Attachments
Attachment A — EKI Schedule of Charges , dated 1 January 2025 Attachment B — Budget Estimate for Proposed Scope of Work Client/ Address: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330 eki environment
water
Proposal/ Agreement Date: 27 January 2025 EKI Proposal/ Project # C50013. 00 SCHEDULE OF CHARGES FOR EKI ENVIRONMENT & WATER, INC. 1 January 2025 Personnel Classification Hourly Rate
Officer and Chief Engineer -Scientist 355
Principal Engineer - Scientist 343
Supervising I, Engineer - Scientist 333
Supervising II, Engineer -Scientist 319
Senior I, Engineer -Scientist 306
Senior II, Engineer - Scientist 295
Associate I, Engineer -Scientist 283
Associate II, Engineer -Scientist 267
Engineer -Scientist, Grade 1 248
Engineer -Scientist, Grade 2 234
Engineer -Scientist, Grade 3 215
Engineer - Scientist, Grade 4 193
Engineer -Scientist, Grade 5 170
Engineer -Scientist, Grade 6 148
Project Assistant 139
Technician 133
Senior GIS / Database Analyst 175
CADD Operator / GIS Analyst 152
Senior Administrative Assistant 167
Administrative Assistant 132
Secretary 111
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus fifteen percent 15%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.
A Communication charge for e- mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U. S. postage, and incidental in- house copying will be charged at a rate of 4% of labor charges. Large volume copying of project documents, e. g., bound reports for distribution or project -specific reference files, will be charged as a project expense as described above.
Reimbursement for company - owned automobiles, except trucks and four- wheel drive vehicles, used in connection with the work will be at the rate of sixty cents ($ 0. 60) per mile. The rate for company - owned trucks and four- wheel drive vehicles will be seventy- five cents ($ 0. 75) per mile. There will be an additional charge of thirty dollars ($ 30. 00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent ( 15%).
CADD and other specialized software computer time will be charged at twenty dollars ($ 20. 00) per hour. In- house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.
Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one- half times the Hourly Rates specified above.
The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment & Water, Inc. and may be updated annually.
Attachment B - Budget Estimate for Proposed Scope of Work Proposal for Updates to the Sanitary Sewer Management Plan City of Lathrop, California
EKI Labor Expenses TOTAL ( 3)
TASKS
CAD/
GIS
G3
Staff
Engineer -
Yuqing
Gao,
E. IT
ASC
I -
Tina
Wang,
PE,
PM Principal -
Jonathan
Sutter,
PE,
PIC/ QAQC
TOTAL
EKI
Labor,
including
4%
Comm.
Charge (
1)
OTHER
DIRECT
COSTS (
2)
152 215 283 343
Task 1- Collect Information, Conduct Kick- off Meeting and Proiect Management 2 1 Compile information and prepare RFI 742 742
Conduct kick- off meeting 4 2 1 1, 840 1, 840
Project management and communications 2 6 2 2, 927 2, 927 Conduct up to two interviews with City staff
Subtotal 0
8 16
4 13
2 5
3, 680
9, 187 0
3, 680
9, 200
Task 2 - Prepare SSMP Update
Revise description of Goals and Introduction 4 1 1 1, 545 1, 545 Update description of Organization and Flow Charts 4 1 1,89 1,89 Update description of Legal Authority 2 447 447
Update description of Operations and Maintenance Program 4 8 2 1 3,66 3,66 Update description of Design and Performance Provisions 2 1 742 742 Update description of Overflow Emergency Response Plan 16 4 2 5, 468 5, 468 Update description of the FOG Program 4 1 1,89 1,89
Update description of System Evaluation and Capacity Assurance Plan 4 2 1 1, 840 1, 840 Update Monitoring, Measurement, and Program Modification procedures 4 2 1 1, 840 1, 840 Revise SSMP Audit procedures 2 1 742 742
Update description of the Communication Program 2 1 742 742 Compile Draft SSMP 2 12 4 4 5, 604 5, 604
Prepare Final SSMP 4 4 2 2, 785 2, 785
Subtotal 6 68 24 12 27, 498 0 27, 500
Task 3 - Prepare Electronic Submittal 4 2 1 1, 840 1, 840 Subtotal 0 4 2 1 1, 840 0 1, 800
TOTAL 6 88 39 18 38, 525 0 38, 500
Notes:
1) A communications charge of 4% of labor costs covers e-mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U. S. postage, and incidental in- house copying. for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work. 3) Task subtotals rounded to the nearest hundred dollars.
January 2025
C50013) Page 1 of 1 EKI Environment & Water, Inc.
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