ITEM 4. 12
CITY MANAGER' S REPORT
JUNE 9, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE A PROFESSIONAL SERVICES
AGREEMENT WITH CAROLLO ENGINEERS, INC.
TO PREPARE A WATER SUPPLY FEASIBILITY
STUDY FOR CIP PW 20- 16
Adopt Resolution to Approve a Professional
Services Agreement with Carollo Engineers,
Inc. to Prepare a Water Supply Feasibility
Study for CIP PW 20- 16
SUMMARY:
The City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID). The City' s water supply has historically been reliable, but due to pending regulatory impacts that could significantly increase the cost for treating groundwater and limit the availability of surface water during dry years, City staff need to explore obtaining alternative water supply sources. Carollo Engineers, Inc. (Carollo) has provided a proposal for a Water Supply Feasibility Study to assess numerous supply options and provide a detailed ranking of each option to help guide the City towards the most feasible solution to plan for future growth and corresponding water supply needs.
Staff request that City Council approve a Professional Services Agreement ( PSA) with Carollo in the amount of $ 187, 700 to provide a Water Supply Feasibility Study.
Sufficient funds have been allocated in the approved fiscal year budget 24-5 for CIP PW 20- 16, Groundwater Treatment Improvements to pay for the costs of this study.
BACKGROUND:
The City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID). The City' s water supply historically has been reliable but due to pending regulatory impacts which are anticipated to significantly increase costs for groundwater treatment and limitations on the availability of surface water during drought years, the staff needs to explore obtaining alternative water supply sources.
The new regulations include National Primary Drinking Water Rule standards promulgated by the US - EPA in April 2024 that establish maximum contaminant levels MCLs) for per- and polyfluoroalkyl substances ( PFAS) that are present in the City' s groundwater supply. Compliance with this regulation will require water treatment plant improvements and changes in utility operations that will significantly increase the cost of treating groundwater. Also, implementation of the 2018 Bay -Delta Plan Amendment establishes minimum flow requirements in the Stanislaus River that may reduce the availability of SSJID surface water for the City during dry years.
CITY MANAGER' S REPORT PAGE 2
JUNE 9, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR WATER SUPPLY FEASIBILITY STUDY, CIP PW 20- 16
On October 14, 2019, Council approved CIP PW 20- 16 Groundwater Treatment Improvements to address the regulatory requirements for PFAS in groundwater. Due to the projected high costs of groundwater treatment for PFAS, staff request Council approval of a PSA with Carollo to evaluate alternative water supply sources.
REASON FOR RECOMMENDATION:
Due to pending regulatory impacts that could significantly increase costs for treating groundwater and limit the availability of surface water during drought years, the City needs to explore obtaining alternative water supply sources. Staff request approval of a PSA with Carollo to provide a Water Supply Feasibility Study that will assess numerous supply options and provide a detailed ranking of each option to guide staff on the most feasible solution to plan for future growth and corresponding water supply needs.
FISCAL IMPACT:
The cost for Carollo to prepare a Water Supply Feasibility Study is $ 187, 700.
Sufficient funds have been allocated in the approved fiscal year budget 2024-025 for CIP PW 20- 16 to pay for the cost of this study.
ATTACHMENTS:
A. Resolution to Approve a Professional Services Agreement with Carollo Engineers, Inc., to prepare a Water Supply Feasibility Study, CIP PW 20- 16 B. Professional Services Agreement with Carollo Engineers, Inc., to provide a Water Supply Feasibility Study, CIP PW 20- 16
CITY MANAGER' S REPORT PAGE 3
JUNE 9, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR WATER SUPPLY FEASIBILITY STUDY, CIP PW 20- 16
APPROVALS:
l5l'/ FJso->--
Greg C3i: bson
Senior Civil Engineer
Brac// iaylor City Engineer
Cari Jam
Finance D1iector
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Date
Date
6%2/5
4/ 2l, aciass
Date
Ce• Z.z,S
Michael King Date
Assistant City Manager
Salvador Navarrete
City Attorney
Z— Zoe
Date
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO
ENGINEERS, INC. TO PREPARE A WATER SUPPLY FEASIBILITY STUDY, CIP PW 20- 16
WHEREAS, the City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID); and
WHEREAS, the City' s
water supply has historically been reliable, but due to uncertainty of pending regulatory impacts that could significantly increase the cost for treating groundwater and limit the availability of surface water during dry years, staff needs to explore obtaining alternative water supply sources; and WHEREAS, on October 14, 2019, Council approved CIP PW 20- 16 Groundwater Treatment Improvements to address the regulatory requirements for PFAS in groundwater; and
WHEREAS, due to the projected high costs of groundwater treatment for PFAS, Staff requests Council approval of a Professional Services Agreement with Carollo to prepare a Water Supply Feasibility Study to evaluate alternative water supply sources; and
WHEREAS, Carollo has provided a proposal to prepare a Water Supply Feasibility Study to assess numerous supply options and provide a detailed ranking of each option to help guide staff towards the most feasible solution to plan for future growth and corresponding water supply needs; and WHEREAS, the cost for Carollo to provide the Water Supply Feasibility Study is $ 187, 700. Sufficient funds have been allocated in the approved fiscal year budget 2024-025 for CIP PW 20- 16 to pay for the cost of this study.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve to approve a Professional Services Agreement ( PSA) with Carollo in the amount of $ 187, 700 to provide a Water Supply Feasibility Study for CIP PW 20- 16, Groundwater Treatment Improvements.
The foregoing resolution was passed and adopted this 9th day of June 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Docusign Envelope ID: 36CE88F6- 6912- 4589- 9103- 2D6C0F70FDED ATTACHMENT B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
THIS AGREEMENT, dated for convenience this 9th day of June, is by and between Carollo Engineers, Inc. ("CONSULTANT') and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Services, as hereinafter defined, on the following terms and conditions;
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional 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 standards of its profession by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California, and to CITY' Ssatisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 187, 700 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.
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
3) Effective Date and Term
The effective date of this Agreement is June 9, 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' s satisfaction. 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' scapabilities and on the qualifications of CONSULTANT' sprincipals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' sJustin Peterson, P. E., Principal -in -Charge. 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,
project staff
and
prior
shall
to any
be
change.
notified by CONSULTANT of any changes of CONSULTANT' s
Docusign Envelope ID: 36CE88F6- 6912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
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' 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' 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, 000,00) 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
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California -admitted insurers with a Best' 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, 000,00) 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.
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
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' s authorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after
Docusign Envelope ID: 36CE88F6- 6912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
CONSULTANT is notified of the change in coverage.
f)In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent mariner 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
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
for damages. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT' sproportionate percentage of fault.
CONSUL TANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits for economic, incidental, liquidated, or consequential damages to CITY or any third party arising out of breach of contract, delay, termination, or for professional negligence. Additionally, CONSUL TANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than CONSUL TANT' ssub -consultants, that impact project completion and/ or success.
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.
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
To City:
Copy to:
To Consultant:
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
Carollo Engineers, Inc.
2880 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
Phone: ( 916) 565- 4888
Fax: (916) 565- 4880
16) CITY -Provided Information and Services
CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT' sservices; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT' sservices hereunder, and CONSULTANT shall be entitled to use and reasonably rely upon such information and services provided by CITY and others in performing CONSULTANT' sservices under this Agreement. 17) Estimates and Proiections
CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, the schedule of others, over the incoming water quality and/ or quantity, or over the way CITY' splant( s) and/ or associated processes are operated and/ or maintained. Data projections and estimates are based on CONSUL TANT' sopinion based on experience and judgement. CONSUL TANT cannot and does not guarantee that actual schedules, costs and/ or quantities realized will not vary from the data projections and estimates prepared by CONSUL TANT and CONSULTANT will not be liable to and/ or indemnify CITY and/ or any third party in the future, except to the extent such inconsistencies are caused by CONSUL TANT' s negligent performance hereunder.
Docusign Envelope ID: 36CE88F6- 6912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
18) Access
CITY shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services hereunder. 19) 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)
g)
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.
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 by the 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' sregular business hours. Documents, including drawings and
Docusign Envelope ID: 36CE88F6- 6912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
specifications, prepared by CONSULTANT pursuant to this Agreement are not intended or represented to be suitable for reuse by CITY or others for this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by CONSULTANT for the specific purpose intended will be at CITY' ssole risk and without liability or legal exposure to CONSULTANT.
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)
q)
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
r) The services to be performed by CONSUL TANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT' sperformance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT' sservices hereunder.
20) 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. 21) 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.
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED CITY OF LATHROP - CAROLLO ENGINEERS, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE GROUND WATER TREATMENT IMPROVEMENTS CIP PW 20- 16
Approved as to Form:
Recommended for Approval:
Approved by:
Resolution #:
Consultant:
City of Lathrop
City Attorney
City of Lathrop
City Engineer
Salvador Navarrete
S
Date
r/itt/ns
Brad aylor Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Carollo Engineers, Inc.
2880 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
Fed ID # 86- 0899222
Business License # NLB- 000545- 225
DocuSigned by:
s) mstiv, P uiotA,
ADr9A3JYC304C1...
Signature Date
Justin Peterson
5/ 29/025
Associate vice President
Print Name and Title
Signed by:
011AJAL, t. r
VU. ikti
signature114h0
Anne E. Prudhel
5/ 29/025
Date
Executive vice President
Print Name and Title
DocusignEnvelope
ID: 36CE88F6- 6912 4589- 91032D6C0F70FDED
Fee
EstimateWater Supply
Feasibility
Study
City
of
Lathrop
44 Task
Description
Task
1 -
Analysis
of
Water
Supply
Options
o_
96 H -
Oil
Hours
by
Classrficatlon
J)
92 246
4 24
a`
Labor
S
132 .
100
S
1. Task
1 Initial
Characterization
of
W
ater
Supply
Options
Task
1. 2
Water
Quality
Sampling
and Analysis
Task
31. Further
Develop
Potential
Supply
Options
Task
1. 4
Recommended
Ten
Near -
n
Supply
Option
16 10
8 14
2 6
0 60 $
16, 600 $
0 0
76 $
400 $ 18,
18 0
326 $
80, 400 $
0 0
56 $
16, 700 $
2 2
0 58
2 20
8 40
24 0
16 40
192
2 14
4 16
0 Task
2. Regional
Planning —
Baseline
Analysis
24 128
S
30. 100
S
Task
2. 1
Compile
Available
Data
and
Information
0 Task
2. Develop
County -
Wide
Map
and
Tabular
Summary
Demands of
and
Reported
S
6 12
0 0
32 8
24 0
82 $
19, 300 $
6 0
0 40
0 0
0 46 $
11, 000 $
Task
3 ManagemProject
ent
16 0
0 15 .
000
S
3. Task
Coordination 1
Meetings
24 16
0 0
0 0
40 $
13, 600 $
3. Task
2 Invoicing
and
Progress
Reports
4 0
0 0
0 0
4 $
1, 400 $
Total
Hours
and
Fee
14 142
64 92
318
48 690
S
400 177.
S
Notes: 1)
Other
direct
expenses
include
mileage
travelling
to/ frm
meetings
at
IRS
Federal
Rate,
reproduction
at
cost
plus
5%,
and
Project
Equipment
andCommunication
Expense
ailed
at $
15 .
00 per
hour.
Docusign
Envelope
ID:
36CE88F6- 6912 4589- 91032D6C0F70FDED
City
of
Lathrop
Water
Supply
Feasibility
Study
Schedule
TaskName
Task
1 —
An
alysis
ofSupply Water
Options Task
1. Initial
Characterization
of
Water
Supply
Options
Kickoff Workshop Meeting/
Task
1. 2
Water
Quality
Sampling
and
Analysis Task
1. 3
Further
Po
Develop
tential
Supply
Options
Task
1. 4
Recommended
Near -
Term
Supply
Options
Water
Supply
Evaluation
Workshop
Task
2 Task
2. 1
Compile
Available
Data
and
Info rmation
Task
2. Develop
County -
Wide
Map
and
Tabular
Summary
of
anDemands
d
Reported CouSupplies
ntry -
Su
Wide
mmary
Workshop
Task
3 Task
3. 1
Coordination
Meetings
Task
3. 2
Invo
icing
and
Progress
Reports
V _
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED City of Lathrop
Water Supply Feasibility Study
Scope Outline
05/ 28/025
Task 1 - Analysis of Water Supply Options
This task includes identification, evaluation and prioritization of water supply options.
Task 1. Initial Characterization of Water Supply Options Consultant will review the list of potential water supply options along with any relevant background documents ( in coordination with Task 2). The Consultant will convene a kickoff workshop with the City to develop rough concepts and critical information needs for each of the options. The water supply options are presented below, and are categorized as Priority 1 through 3. The draft fact sheets ( developed in Task 1.3) will be delivered to the City in these groupings to facilitate efficient review.
The list of potential supply options includes:
Priority 1
o SSJID Phase 2A ( roughly 5 mgd near term upgrade)
o SSJID Phase 2
o PFAS Treatment of groundwater
o Blending SSJID water with well water to reduce PFAS concentration below MCL
o Local Tap Water Filters for PFAS ( purchased by City and use required by municipal code)
o
Priority 2
o New Surface Water Treatment Plant
San Joaquin River
Brown Sand and Gravel lake
Perfecting and use of riparian rights
Wastewater Change Petition water ( recover wastewater discharged to river as potable)
o Cal Water
o Stockton East
Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED Farmington Dam
Existing water supply and service boundary modification Priority 3
o Expanded ASR
o Deep Ground Water ASR ( below Corcoran Clay)
o Non - Potable Reuse
Urban landscape irrigation
Ag Irrigation
o Indirect/ Direct Potable Reuse
o Sites Reservoir
Deliverables:
Workshop presentation materials
Meeting notes
Assumptions:
Kickoff workshop will be virtual
City staff will provide information on water rights, as necessary.
City staff will coordinate with other agencies, as necessary, for data and information.
Task 1. 2 Water Quality Sampling and Analysis
Based on the water supply options concepts ( developed in Task 1.), the Consultant will identify necessary field sampling and laboratory analysis. The consultant will develop a tabular summary of sampling locations, sampling procedures and laboratory analyses.
Sampling and analysis of the following sources will likely be conducted:
Groundwater from existing City wells
San Joaquin River?
Brown Sand and Gravel lake
Deep groundwater?
Wastewater effluent
The consultant will oversee the sampling activities, coordinate the laboratory analyses, and summarize the results. The results will be compared to existing primary and secondary MCLs, and other parameters that impact treatability, and will be used to inform development of conceptual treatment trains as part of Task 1. 3.
Deliverables:
Docusign Envelope ID: 36CE88F6- 6912- 4589- 9103- 2D6C0F70FDED Draft - Tabular summary of field sampling and laboratory analyses Final- Tabular summary of field sampling and laboratory analyses based on City review
Assumptions:
Field sampling will be conducted by the by the Consultant or Sub - consultant.
Analytes will be determined based on water source
Field sampling and lab analyses cost are not included in the budget.
Task 1. 3 Further Develop Potential Supply Options
Consultant will further develop the water supply options to a conceptual level to support an evaluation/ prioritization process. For each option, the Consultant will develop a water supply option fact sheet. Each fact sheet will include:
Estimated potential yield.
Major infrastructure components and alignments.
Treatment needs.
Planning level cost estimates.
Integration into the existing system.
Major regulatory permits and approvals.
Approximate implementation timeline.
Additional studies needed to refine options and or fill data/ information gaps Considerations associated with longer -term future water supply options.
Deliverables:
Draft Fact Sheets for each option
Final Fact Sheets for each option
Assumptions:
City staff will coordinate with other agencies, as necessary.
The level of detail and certainty in the fact sheets will vary depending on available information. Key information gaps will be identified for each option.
Task 1. 4 Recommended Near -Term Supply Option
Consultant will facilitate a multi -criteria evaluation of the options. In coordination with the City with the City, Consultant will develop ranking criteria and associated metrics. The evaluation will be conducted in a workshop with the City. This will involve quantitative Docusign Envelope ID: 36CE88F6- B912- 4589- 9103- 2D6C0F70FDED and/ or qualitative scoring each option based on the identified metrics. The outcome will be a relative prioritization of water supply options.
Deliverables:
Workshop presentation materials
Ranking results
Meeting notes
Assumptions:
In - person workshop
Task 2 - Regional Planning - Baseline Analysis
This task involves development of baseline information that would be used to support further investigation of regional water supply solutions in San Joaquin County.
Task 2. 1 Compile Available Data and Information
Consultant will review and synthesize data and information that is presented in existing reports, including:
UWMPs
Data reported to DDW ( eAR)
Ag Management Plans
GSPs documents
IRWMPs
Master Plans or Feasibility Studies
Consultant will prepare a reference list and high- level summary of reviewed reports and identify data and/ orinformation gaps.
Deliverables:
Draft and Final Tabular Summary of reviewed reports and information sources used.
Assumptions:
City staff will coordinate with other agencies, as necessary.
Task 2. Develop County -Wide Map and Tabular Summary of Demands and Reported Supply Use
Docusign Envelope ID: 36CE88F6- 6912- 4589- 9103- 2D6C0F7OFDED Consultant will develop detailed tabular and mapped summaries of water demands and supplies, based on information compiled in Task 2. 1.
Consultant will develop higher -level visual summaries in the form of maps, graphics or tables for the purpose of internal communication with City managers and elected officials, and external outreach with cities and agencies. Consultant will convene a workshop to present and refine the visual summaries.
Deliverables:
Draft and Final Detailed Tabular and Mapped Summaries
Draft and Final High -Level Visual Summaries ( maps, graphics, tables) Assumptions:
Virtual workshop
The analysis of water demands and supplies will rely on available documents and online resources.
The availability of supply and demand information for small water systems ( i.e. systems that do not develop UWMPs), domestic wells, and agricultural areas may be limited. Gaps in supply/ demand information will be identified. City staff will coordinate with other agencies, as necessary, obtain additional information.