ITEM 4. 7
CITY MANAGER' S REPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE A PROFESSIONAL SERVICES
AGREEMENT WITH ROBERTSON -BRYAN, INC.
FOR LATHROP CONSOLIDATED TREATMENT
FACILITY DISCHARGE PERMIT RENEWAL AND
COMPLIANCE SUPPORT SERVICES
Adopt Resolution to Approve a Professional
Services Agreement with Robertson - Bryan,
Inc. for Lathrop Consolidated Treatment
Facility Discharge Permit Renewal and
Compliance Support Services
SUMMARY:
Wastewater generated west of I-5 is collected and treated at the Lathrop Consolidated Treatment Facility ( CTF). The City has been issued a National Pollutant Discharge Elimination System ( NPDES) permit, Order R5- 2022- 0004-1 (Permit), to discharge tertiary treated effluent wastewater from the CTF to the San Joaquin River.
This Permit is set to expire March 31, 2027, and the City must submit a renewal application and Report of Waste Discharge ( ROWD) by March 31, 2026 to ensure river discharge can continue. Robertson - Bryan, Inc. (RBI) has provided a proposal to prepare the technical reports and ROWD for Permit renewal and to provide general compliance support for permit requirements.
Staff request that City Council approve a Professional Services Agreement ( PSA) with RBI in the amount of $ 333, 726 to provide NPDES Permit Renewal and Compliance Support. Sufficient funds have been allocated in the approved fiscal year 2025-027 budget for Regulatory Compliance Program ( RCP) WW 26- 19, NPDES LCTF Compliance to pay for the costs of this proposal.
BACKGROUND:
Wastewater generated west of I-5 is collected and treated at the CTF. The City has been issued a NPDES permit to discharge tertiary treated effluent wastewater from the CTF to the San Joaquin River. The permit includes extensive regulatory reporting requirements, such as specialized monitoring studies, multiple technical reports, implementation of an industrial pretreatment program ( IPP), and on -going water quality monitoring at the CTF and in the San Joaquin River.
The Permit is set to expire March 31, 2027, and the City must submit a renewal application and ROWD by March 31, 2026 to ensure river discharge can continue.
RBI has provided a proposal for NPDES Permit Renewal and Compliance Support services for the CTF.
CITY MANAGER' SREPORT PAGE 2
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSON - BRYAN, INC. FOR LATHROP CONSOLIDATED TREATMENT FACILITY
DISCHARGE PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES On June 23, 2025, Council adopted the proposed 2025-027 fiscal year budget, which included RCP WW 26- 19 LCTF NPDES Compliance to address the regulatory requirements and permit renewal tasks associated with the CTF. Due to the technical and specialized nature of the permit renewal tasks, staff request Council approval of a PSA with RBI to provide Permit Renewal and Compliance Support services.
REASON FOR RECOMMENDATION:
Compliance with Order R5- 2022- 0004-1 is essential to ensure that wastewater can be treated and discharged from the CTF to the San Joaquin River. The City is required to submit a renewal application and ROWD by March 31, 2026. Staff request approval of a PSA with RBI that will provide permit renewal and compliance support services, including assistance with negotiating new requirements and effluent limitations in the renewed NPDES permit.
FISCAL IMPACT:
The cost for RBI to provide NPDES Permit Renewal and Compliance Support services is $ 333, 726. Sufficient funds have been allocated in the approved fiscal year budget 2025-027 for RCP WW 26- 19 to pay for the cost of this study.
ATTACHMENTS:
A. Resolution to Approve a Professional Services Agreement with Robertson - Bryan, Inc. for Lathrop Consolidated Treatment Facility Discharge Permit Renewal and Compliance Support Services
B. Professional Services Agreement with Robertson - Bryan, Inc., to provide NPDES Permit Renewal And Compliance Support Services
CITY MANAGER' S REPORT PAGE 3
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSON - BRYAN, INC. FOR LATHROP CONSOLIDATED TREATMENT FACILITY
DISCHARGE PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES APPROVALS:
Jonah Winner
Compliance Engineer
Brad
City ETylor gineer
Cari Jaen e
Finance Di ' or
c7
Michael King
Assistant City Manager
60130/ ab
Date
6/ 36/ ii S
Date
7/ 0140g5
Date
7 •/• ZoZ5
Date
Salvador Navarrete Date
City Attorney
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 ROBERTSON - BRYAN, INC. FOR LATHROP CONSOLIDATED TREATMENT FACILITY
DISCHARGE PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES WHEREAS, the City owns and operates the Lathrop Consolidated Treatment Facility ( CTF); and
WHEREAS, the City has been issued a National Pollutant Discharge Elimination System ( NPDES) permit to discharge tertiary treated effluent wastewater from the CTF; and
WHEREAS, the permit is set to expire on March, 31, 2027 and City is required to submit an application to renew the NPDES permit by March 31, 2026; and WHEREAS, compliance with the NPDES Permit is essential to ensure that wastewater can be treated and discharged from the CTF to the San Joaquin River; and
WHEREAS, Robertson -Bryan, Inc. (RBI) has provided a proposal to provide NPDES Permit Renewal and Compliance Support Services; and WHEREAS, the cost for RBI to provide NPDES Permit Renewal and Compliance Support Services is $ 333, 726. Sufficient funds have been allocated in the approved fiscal year budget 2025-027 for RCP WW 26- 19 to pay for the cost of this proposal.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve a Professional Services Agreement ( PSA) with RBI in the amount of $ 333, 726 to provide NPDES permit renewal and compliance support services for RCP WW 26- 19, NPDES LCTF Compliance.
The foregoing resolution was passed and adopted this 14th day of July 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AST• FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES THIS AGREEMENT, dated for convenience this 14th day of July 2025, is by and between the City of Lathrop, a California municipal corporation (" CITY"), and Robertson - Bryan, Inc. ("CONSULTANT");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY. 2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 333, 726, for the Professional Consulting 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 - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES 3) Effective Date and Term
The effective date of this Agreement is July 14, 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) Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.
CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years after final payment under this agreement.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES 8) 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, CONSULTANT' sAuthorized Representative: Paul Bedore 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 notified
change.
by
CONSULTANT
CONSULTANT
shall
of any
assign
changes
only competent
of CONSULTANT' s
personnel
to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
9) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' Sauthorized representative.
CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative. 10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' 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, 000,00) each accident or disease. In the alternative, CONSULTANT may rely on a selfinsurance 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.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES b) Commercial General Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,0) per occurrence, two million dollars ($ 2, 000,0) general aggregate, and two million dollars ($ 2, 000,00) products and completed operations aggregate for risks associated with the work contemplated by this Agreement. The general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall bedouble. 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.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 00 01 .
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 additional insureds 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) Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents.
v) 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.
vi) Insurance is to be placed with California -admitted insurers with a Best' s rating of no less than A: VII.
vii) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES c) Automobile Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 00 01 in an amount not less than one million dollars ($ 1, 000,00) each accident covering claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the use of owned, hired, and non -owned automobiles ( Code 1 Any Auto).
i) CITY, its officers, employees, agents, and volunteers are to be covered as additional insureds.
ii) Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents.
d) 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 and in the aggregate covering the licensed professionals' errors and omissions, as follows:
i)
ii)
Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
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.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES
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.
e) 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.
f)
g)
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, earliest
CONSULTANT
possible
shall
opportunity
provide written
and in
notice
no case
to CITY
later than
at CONSULTANT' S
five days after
CONSULTANT is notified of the change in coverage.
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.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
11) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' 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. 12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES 15) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
To Consultant:
17) Miscellaneous
City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
Robertson -Bryan, Inc.
3100 Zinfandel Dr., Suite 300
Rancho Cordova, CA 95670
Phone: ( 916) 714- 1801
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.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
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) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES 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.
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 19) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP - ROBERTSON - BRYAN, INC.
TO PROVIDE NPDES PERMIT RENEWAL AND COMPLIANCE SUPPORT SERVICES Approved as to Form:
Recommended for Approval:
Approved by:
Resolution No.
Consultant:
City of Lathrop
City Attorney
Salvador Navarrete ` Date
City of Lathrop
City Engineer
Brad Taylor
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Date
Stephen J. Salvatore Date
City Manager
Robertson - Bryan, Inc.
3100 Zinfandel Dr., Suite 300
Rancho Cordova, CA 95670
Federal Tax ID # 68- 0460693
Business License # NLB- 001553- 2025
Signature Date
Print Name and Title
Signature Date
Print Name and Title
EXHIBIT A
J ROBERTSON - BRYAN, Inc.
Solutions for Progress
May 23, 2025
DELIVERED BY EMAIL
Mr. Michael King
Assistant City Manager & Director of Public Works
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Proposal to Provide Professional Services for NPDES Permit Renewal and Compliance for the Lathrop Consolidated Treatment Facility Dear Mr. King:
As requested, please accept this proposal for Robertson -Bryan, Inc. (RBI) to provide services to the City of Lathrop ( City) to renew the National Pollutant Discharge Elimination System NPDES) permit for the Consolidated Treatment Facility ( CTF) during Fiscal Year 2025-026 July 1 — June 30) and assist with tasks necessary to monitor, evaluate, and report on -going compliance. An application to renew the NPDES permit is due March 31, 2026, and the application package must request and justify the dilution credits needed to facilitate compliance with various limitations in the NPDES permit. Maintaining compliance with the NPDES permit requires close coordination among staff from the City, Veolia, Pacific Advanced Civil Engineering, and RBI to work as a team. It also involves water quality monitoring, preparing routine self -monitoring reports ( SMRs), preparing permit -required progress and special reports, and other related tasks.
The scope of work provided below identifies the tasks that RBI will lead to prepare an application to renew the NPDES permit and tasks to assist with NPDES permit compliance.
Task 1: Compliance and Coordination Meetings
Task 2: Effluent and Receiving Water Monitoring
Task 3: Self -monitoring Reports ( eSMRs)
Task 4: NPDES Permit -required Annual Reports
Task 5: NPDES Permit Renewal Support
Task 6: Toxicity Compliance Support
Task 7: Regulatory Developments Tracking and Reporting
Task 8: General Compliance and Operational Support
Task 9: Recycled Water Assistance
Task 10: Project Management
3100 Zinfandel Drive, Suite 300 Phone 916. 714. 1801
Rancho Cordova, CA 95670 Fax 916. 714. 1804
www. robertson- btyan. com
Mr. Michael King
City of Lathrop
May 23, 2025
ri7 ROBERTSON - Bunn, Inc
Solutions for Progress
Task 11: Reimbursable Expenses
I. SCOPE OF WORK
TASK 1: COMPLIANCE AND COORDINATION MEETINGS
RBI will attend up to two meetings per month during the five -month recycled water reclamation season ( June —October; 10 meetings) and weekly meetings during the wet season November —May; 28 meetings) when the CTF is likely to be discharging to the San Joaquin River. Weekly coordination is necessary while discharging to the river because of the additional attention needed to comply with the NPDES permit. These meetings will be used by RBI staff to meet with City staff and its contractors/ consultants to coordinate efforts and obtain information associated with implementing this scope of work. For the purposes of the scope and budget for this task, 2. 0 hours are assumed each for two RBI staff members attending each meeting, which provides time for meeting preparation, participation, documenting meeting discussions, and post -meeting briefings of other parties not attending the meetings. RBI' sPrincipal - in -Charge is assumed to attend up to eight ( 8) meetings. All meetings will be virtual meetings ( i.e., MS Teams or Zoom).
TASK 2: EFFLUENT AND RECEIVING WATER MONITORING
Ensuring compliance with the NPDES permit Monitoring and Reporting Program involves the subtasks below.
Subtask 2. 1: Scheduling and Coordination
RBI will update and maintain the monitoring schedule spreadsheet used by RBI, the City, Veolia, and FGL. RBI will coordinate with these parties to ensure they are aware of upcoming sampling, identify issues with sampling dates, ensure bottles are on -hand, review chain of custodies, and other related issues.
Subtask 2.: Review and Compile Data
RBI will review monitoring results for routine CTF monitoring data tested at FGL to identify any quality assurance ( QA)/ quality control (QC) issues and investigate anomalous results through discussions with the City' scontract laboratory. RBI will copy FGL electronic data deliverables into a master spreadsheet to facilitate our review of SMRs.
Subtask 2. 3: Additional Services & Tools
RBI will support the City as needed with the City' s and Veolia' smonitoring efforts.
Assistance may involve revising the QA/C manual for field meters and sampling activities, advising on questions about NPDES permit monitoring, maintaining and assisting with the setup of a Hach WIMS database for monitoring data, updating field sheets or monitoring checklists, maintaining a Google sample tracking form and database, sending daily emails on sample collection status, updating the SCADA reporting tool, reviewing request for proposals for testing solicitations, and other activities.
Mr. Michael King
City of Lathrop
May 23, 2025
ROBERTSON - BRYAN, Inc
Solutions for Progress
TASK 3: SELF -MONITORING REPORTS ( SMRs)
RBI will assist the City with preparing and reviewing data files and cover letters for routine SMRs, which includes monthly, quarterly, and annual reports. RBI also will assist with preparation and review of the Discharge Monitoring Report ( DMR) that is required with each SMR submittal. Both the DMR and SMRs are uploaded to the California Integrated Water Quality System ( CIWQS) database. RBI will assist the City with preparing draft SMRs and will review draft SMR and DMR data files to ensure they contain the NPDES permit -required information, the calculated and analytical parameters are accurate, and the contents of the cover letter and any attachments are consistent with the reported data. RBI will work with the City to finalize the SMRs for upload to CIWQS and will coordinate with the City to ensure the SMRs are submitted and certified in CIWQS by the report due date. The City is responsible for conducting the final submittal and certification of SMRs in CIWQS. Hours budgeted are for providing assistance with SMRs/ DMRs for the following submittals.
Report Type Reporting Period Report Due Date
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
June 2025
July 2025
August 2025
September 2025
October 2025
November 2025
December 2025
January 2026
February 2026
March 2026
April 2026
May 2026
August 1, 2025
September 1, 2025
October 1, 2025
November 1, 2025
December 1, 2025
January 1, 2026
February 1, 2026
March 1, 2026
April 1, 2026
May 1, 2026
June 1, 2026
July 1, 2026
Quarterly
Quarterly
Quarterly
Quarterly
2nd Quarter 2025
3rd Quarter 2025
4th Quarter 2025
1St Quarter 2026
August 1, 2025
November 1, 2025
February 1, 2026
May 1, 2026
Annual Calendar Year 2025 February 1, 2026
TASK 4: NPDES PERMIT - REQUIRED ANNUAL REPORTS
RBI will prepare the following annual reports required by the NPDES permit. Draft reports will be prepared for review and comment by the City. The City' scomments will be incorporated into a final report for the City to submit to CIWQS.
Best Management Practices Plan for Salinity Annual Report due February 1, 2026 Mr. Michael King
City of Lathrop
May 23, 2025
ROBERTSON - BRYAN, Inc
Solutions for Progress
Mercury Pollution Prevention Plan Annual Report due February 1, 2026 RBI will review and provide comments on the following draft reports prepared by the City.
Annual Operations Report due February 1, 2026
Industrial Pretreatment Program Annual Report due February 1, 2026 TASK 5: NPDES PERMIT RENEWAL SUPPORT
The following tasks are necessary to prepare a complete Report of Waste Discharge ( ROWD), which is the application package for renewing the NPDES permit. These tasks will also allow RBI to advise the City of advanced actions that could better position the City for negotiating new requirements and effluent limitations of the renewed NPDES permit. The ROWD will request an increase in the permitted average dry weather flow discharge rate from 2. 5 MGD to
4. 5 MGD.
Task 5. 1: Reasonable Potential Analysis
The Central Valley Water Board makes determinations regarding the need for effluent limitations in an NPDES permit through a reasonable potential analysis ( RPA). Completing an RPA ahead of submitting the ROWD is informative because it gives the discharger advance notice of likely limitations, which can be useful if compliance strategies need to be developed or if a compliance schedule justification is needed as part of the ROWD submission. In addition, it provides a check on the RPA that permitting staff ultimately perform. RBI will conduct an RPA in accordance with current Central Valley Water Board procedures. The Central Valley Water Board utilizes a standardized MS Excel spreadsheet to conduct RPAs. RBI will utilize the data from the Effluent and Receiving Water Characterization monitoring conducted quarterly in 2024 to conduct the RPA and determine what, if any, new effluent limitations will be included in the renewed NPDES permit and identify the probability of compliance based on the effluent data set. The results of the RPA will be transmitted to the City in a technical memorandum.
Deliverable:
Reasonable Potential Analysis Results Technical Memorandum Task 5. 2: Dilution Credit and Mixing Zone Request
RBI will prepare a dilution credit and mixing zone justification request for the 4. 5 MGD permitted discharge rate for the following constituents:
Trihalomethane ( THM) compounds ( bromoform, chloroform, chlorodibromomethane, and dichlorobromomethane)
Barium
Chronic toxicity
Mr. Michael King
City of Lathrop
May 23, 2025
RoBERrson - BAT" Inc
Solutions for Progress
The dilution credit requests will be included as an appendix to the ROWD. The dilution credits will require computational modeling to determine the size of the mixing zone and effluent fractions in the receiving water downstream of the outfall under critical low -flow conditions.
The current NPDES permit grants dilution credit and a mixing zone for barium and THM compounds. The dilution credit developed for THMs incorporated hydraulic dilution and loss of THMs via volatilization within the San Joaquin River upon discharge from the CTF. The NPDES permit requires an updated dilution credit analysis for these constituents and the analysis is to rely on a site -specific study for THM volatilization. However, it is infeasible to conduct a site -specific study for THM compound volatilization in the San Joaquin River because CTF discharge rates and THM concentrations have not been sufficiently high to measure THM volatilization in the river downstream of the outfall. Consequently, the THM dilution credit will be developed using the best available information on THM volatilization in the San Joaquin River from studies previously implemented by RBI for the cities of Stockton and Turlock.
The CTF will also benefit from receiving dilution credit for new chronic toxicity requirements that will be implemented in the renewed permit pursuant to the current statewide toxicity policy.
Task 5. 3: Report of Waste Discharge
RBI will prepare the ROWD for renewal of the CTF NPDES permit by the March 31, 2026, due date. RBI will prepare the ROWD, which will consist of: (1) the required application forms ( Form 200, EPA Form 2A (NPDES), and EPA Form 2S ( Sludge Disposal); and ( 2) a facility and discharge characterization and supplemental information to support justification of NPDES permit limitations. The ROWD will address the following topics:
Service Area Description
Wastewater Treatment and Disposal Facilities
Biosolids Treatment and Disposal Facilities
Effluent Discharge Characterization
Source Control and Pollution Prevention
Bay -Delta Plan Southern Delta Salinity Objectives Requirements for Alternative Effluent Limitations for Electrical Conductivity
Requests for Renewed NPDES Permit ( e.g., increased discharge capacity, dilution credits, adjustments to Monitoring and Reporting Program) Appendices anticipated at this time include:
Application forms
Maps and Schematics
Mr. Michael King
City of Lathrop
May 23, 2025
I-' ROBERiWWM- BRYON, Inc
Solutions for Progress
Dilution Credits and Mixing Zones
A draft of the ROWD will be submitted to the City for review and comment. A final ROWD will be prepared that addresses the comments received from the City for submittal to the Central Valley Water Board. RBI will prepare the ROWD in PDF, as the Central Valley Water Board requires electronic file submittal.
Deliverable:
Report of Waste Discharge in PDF format
TASK 6: TOXICITY COMPLIANCE SUPPORT
RBI will assist the City with scheduling, coordination, and reviewing results of routine, quarterly whole effluent toxicity ( WET) testing required by the NPDES permit. RBI will advise the City on whether permit -required accelerated testing or a Toxicity Reduction Evaluation ( TRE) has been triggered. In the event a TRE is triggered by the routine bioassay results, the City must submit a TRE Action Plan to the Central Valley Water Board within 30 days. Budget is provided for RBI to prepare one ( 1) TRE Action Plan for the City to provide a timely submittal, should a TRE be triggered. RBI will provide a separate scope and budget to provide assistance beyond the hours budgeted herein in the event that additional effort is required to assist implementing routine testing, accelerated testing, or a TRE. We assume that the City will contract laboratory testing services separate from RBI' scontract and that Veolia operations staff will collect the effluent samples used for bioassay testing.
TASK 7: REGULATORY DEVELOPMENTS TRACKING AND REPORTING
The CTF is currently subject to several Central Valley Water Board initiatives, including CV - SALTS, the Delta Regional Monitoring Program, the Delta Mercury Control Program and Total Maximum Daily Load, Pyrethroid Control Program, and others. There may be other regulatory initiatives that the CTF would be affected by during FY25/ 26, including the State Water Resources Control Board' sClean Water Act section 303( d) listing process. As approved by the City, RBI will attend meetings for these initiatives, advocate for the City' s interest, and advise the City on these initiatives and their impacts on the CTF. RBI will cost share these efforts with other RBI clients when feasible. RBI' seffort on these activities is limited by the task budget.
TASK 8: GENERAL COMPLIANCE AND OPERATIONAL SUPPORT
As requested, RBI will provide general compliance and operational support to the City, including, but not limited to, the following items.
Responding to Notices of Violations received from the Central Valley Water Board Presence at Central Valley Water Board inspections of the CTF Review of design plans
THM compliance investigations
Mr. Michael King
City of Lathrop
May 23, 2025
77. 1781 ROBERTSON - BRYAN, Inc
Solutions for Progress
Chlorination/ dechlorination operational support
Effluent temperature compliance with the NPDES permit effluent limitations and the State' s Thermal Plan
Support in obtaining contractors for compliance or CTF- related services Feedback to the City on adjustments to SCADA, PLCs, and CTF treatment processes/ components to support NPDES permit compliance reporting Recycled water production under the NPDES permit and use throughout the City Sewer rate evaluation
Implementing the Industrial Pretreatment Program
RBI' seffort on these activities is limited by the task budget.
TASK 9: RECYCLED WATER ASSISTANCE
The City is exploring additional water sources to supplement its potable water system. RBI has facilitated meetings with the Central Valley Water Board and City management to evaluate options to utilize CTF recycled water to supplement this system, such as through an indirect potable reuse Aquifer Storage and Recovery ( ASR) project, as well as the discharge of recycled water into the San Joaquin River, followed by downstream re -diversion of river water containing the discharged effluent.
This task includes budgeted support for RBI to continue assisting the City with these investigations. Potential efforts may involve compiling additional data and regulatory information related to indirect potable reuse, ASR, or surface water augmentation; developing a high- level project description; and coordinating further meetings. RBI' s effort on these activities is limited by the task budget.
TASK 10: PROJECT MANAGEMENT
This task provides hours for RBI' sProject Manager and Principal -in -Charge to oversee and direct RBI staff efforts on each task. This task provides time for project coordination by phone, email, and video conference with project team members, budget and schedule tracking, invoicing, and other duties to coordinate/ administer the project.
TASK 11: REIMBURSABLE EXPENSES
This task provides budget to be used as needed for travel to and from the CTF or City offices and for other miscellaneous direct expenses such as specialized monitoring equipment used to investigate CTF issues ( e.g., temperature loggers). This task also includes budget for fees associated with utilizing RBI software licenses needed for modeling the NPDES permit mixing zones.
Mr. Michael King
City of Lathrop
May 23, 2025
I\ ROBERTSON - BRr ti, Inc.
Solutions for Progress
Additional Assumptions of this Scope of Work
The level of effort for this scope is limited to the hours budgeted. Should additional services be requested due to additional requests of Central Valley Water Board or City staff that are not identified herein, or should analyses of greater scope or depth than identified and budgeted herein be required, RBI will notify the City to discuss the extent of any out -of -scope services needed/ requested. Should out -of -scope services be requested by the City, RBI will submit a supplemental scope and fee proposal for those services.
II. SCHEDULE
RBI can begin providing professional services associated with the tasks defined herein upon receipt of a signed contract or written authorization to proceed.
III. CONTRACT AND BILLING ARRANGEMENT
RBI will complete the scope of work defined herein on a time -and -materials basis, with an authorized budget as shown in Attachment 1. RBI will not exceed the authorized budget amount without written approval. RBI will invoice the City monthly according its 2025 fee schedule in Attachment 2 for all work activities completed in July through December 15, 2025. RBI adjusts rates effective December 16th of each year and will invoice the City monthly according to its 2026 rate schedule for work activities completed from December 16, 2025, through June 30, 2026.
If you have any questions regarding this proposal, please do not hesitate to contact me at 916) 405- 8918. We look forward to continuing to assist the City with its NPDES permitting and compliance needs.
Sincerely,
Paul Bedore, M. S.
Director of Wastewater & Stormwater Regulatory Services Attachment 1: RBI Budget
Attachment 2: 2025 Fee Schedule
ATTACHMENT
1 RBI
BUDGET
Lathr
NPDES
PermitopRenewal &
Oompliance
Servic
es
aging Man Resource
S
eni or
Pr
oject
Project
Staff
Partner
Director
Associate
Associate
Engineer
II
Engineer
II
Scientist
I
Engineer
II
PROFESSIONAL TaSERVICES
sk Complia1:
an
nce
Cood rdinationMeetings
Task
Efflue2: annt Receivd
inWagMonitoring ter
Task
2. 1:
Scheduling
and
Coordination
Task
2.:
Review
Compileand
Data
Task
2. 3:
Se
Additional
rvices
Task
3: mo
Self -
nitoring
SM
Reports (
Rs)
Task
4:
NPDES
Permit -
required
Annual Reports
Task
5:
NPDES
Permit
Renewal Support Task Rea so5. 1:
Po
nable
tentialAnalysis
Task
5. 2:
Dilution
Credit
and
Mixing
Zone
Request
Task Re5. 3:
of Wa
port
Discha
ste
rge
Task
Tox6:
icComplianceity
Support
Task Regu7:
lato Devery
lopmen Tra
ts
ckin
g Repoand rtin
g
Task
8:
General Complian ceand
O perationa
l
Suppo
rt
Task
9:
Recycled
Water
Assistan
ce
Task
10:
Project
Managemen
t
Task
Re
11:
Expenseimbursable
s
CORM
IXSoftware
License
M
ileage
Miscellaneand
ous Equipme
nt
Michael B
an
8 2 1 2 2 2 4 8
16 24
Paul Bedore
76 12 820 2 2 6 8
10 24 40 2
56 Michelle Brown
8 8
16 24 10
Cameron Irvin
e
4 24 16
Cyle Moon
76 6
20 80 12 850 16
Kelly Valencia
6 28 60 60 40 15
T
eres a
Lo. ez
24 24 20 80 20 24 16
Matt Bu .
i
12 24 16 24
69 360
266 311
82, 726
66 300
19, 800 $
13, 200
44 300
268 292
78, 256
209 244
50, 996
208 222
46, 176 $
15, 732
76 207
Total
b
Staff. erson $
24, 840
TO
TAL
BUDGET $
333, 726
rihaMROBERTSON - BRYON, Inc
Solutions for Progress
ATTACHMENT 2
2025 FEE SCHEDULE
Charges for project work performed by Robertson -Bryan, Inc. (RBI) will be calculated and billed at the hourly rates shown below.
Professional Services
Managing Partner
Partner
Managing Principal Engineer/ Scientist
Principal Engineer/ Scientist
Resource Director
Associate
Senior Engineer/ Scientist II
Senior Engineer/ Scientist I
Project Engineer/ Scientist III
Project Engineer/ Scientist II
Project Engineer/ Scientist I
Staff Engineer/ Scientist II
Staff Engineer/ Scientist I
Technical Analyst
Graphics/ GIS
Laboratory Compliance Specialist
Administrative Assistant
Intern
Rate/ Hour
360. 00
352. 00
343. 00
325. 00
311. 00
300. 00
292. 00
278. 00
254. 00
244. 00
222. 00
207. 00
190. 00
178. 00
157. 00
153. 00
118. 00
73. 00
Up to ten percent ( 10%) of subcontractor charges will be added to cover administrative costs.
Hourly rates will be increased by a minimum of fifty percent ( 50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 16th
Invoicing and Payments
Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice.