ITEM 4. 20
CITY MANAGER' SREPORT
AUGUST 11, 2025 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CITY MANAGER' S EXECUTION OF
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE CITY OF LATHROP AND BLACK WATER
CONSULTING ENGINEERS TO PROVIDE
ENGINEERING DESIGN SERVICES FOR THE
MCKINLEY AVENUE FORCE MAIN INTERTIE, CIP WW
25-3
RECOMMENDATION: Adopt Resolution to Ratify City Manager' s Execution
of Amendment No. 1 to the Agreement Between the
City of Lathrop and Black Water Consulting
Engineers to Provide Engineering Design Services for
the Mckinley Avenue Force Main Intertie, CIP WW
25-3
SUMMARY:
Staff request City Council ratify the City Manager' s execution of Amendment No. 1 to the professional services agreement ( PSA) with Black Water Consulting Engineers ( Black Water) for the McKinley Avenue Force Main Intertie ( CIP WW 25- 23). The intertie will connect the Manteca Wastewater Quality Control Facility MWQCF) and the Lathrop Consolidated Treatment Facility ( LCTF), strengthening system reliability, balancing capacity, and expanding operational flexibility.
A request for proposals was issued on March 6, 2025 and produced a single qualified proposal from Black Water. On April 14, 2025, City Council established CIP WW 25- 23, transferred $ 925, 200 from the Wastewater Connection Fee Fund 6030 for design, and approved a $ 771, 001 PSA covering feasibility, design, permitting, and bidding support. The City Manager executed Amendment No. 1 on August 4, 2025 to keep this critical project on schedule, which increased the contract by $ 148, 052, bringing the total to $ 919, 053.
BACKGROUND:
The City treats its wastewater at two facilities. The MWQCF serves areas primarily east of I-5, excluding the Crossroads, Gateway, and South Lathrop developments.
The LCTF serves Crossroads, Gateway, South Lathrop, and all areas west of I-5.
To enhance reliability, operational flexibility, and efficiency, construction of an intertie between the two treatment systems is needed. The intertie will connect to the existing sanitary sewer force main at Vierra Road and McKinley Avenue, then extend west along Vierra Road and D' Arcy Parkway to the LCTF. On March 6, 2025, staff issued a request for proposals for engineering consulting services for the McKinley Intertie Project and received one qualified proposal from Black Water.
CITY MANAGER' S REPORT PAGE 2
AUGUST 11, 2025 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' SEXECUTION OF AMENDMENT NO. 1 TO THE
AGREEMENT BETWEEN THE CITY OF LATHROP AND BLACK WATER
CONSULTING ENGINEERS TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE MCKINLEY AVENUE FORCE MAIN INTERTIE, CIP WW 25-3 On April 14, 2025, City Council created CIP WW 25-3, transferred $ 925, 200 from the Wastewater Connection Fee Fund 6030 to the project, and approved a $ 771, 001 PSA with Black Water for Tasks 1-6 for feasibility assessment, basis -of -design report, detailed design, permitting, and bidding support.
Staff has established an expedited schedule to ensure this critical project is completed as quick as possible. Black Water requested, and staff accepted, Amendment No. 1 to the PSA, increasing the contract by $ 148, 052 to a revised total of $ 919, 053 and expanding the scope to meet the accelerated timeline. Staff now requests City Council ratify the City Manager' sexecution of this amendment.
REASON FOR RECOMMENDATION:
Ratification of Amendment No. 1 will keep the McKinley Avenue Force Main Intertie on its accelerated schedule by securing the additional $ 148, 052 needed for additional consultant staff resources and accelerated subconsultant efforts that were not included in the original agreement. Immediate approval prevents cost escalation or contractual complications, allows construction bidding to proceed without interruption, and ultimately enables the City to balance wastewater flows between the MWQCF and LCTF, enhancing reliability, protecting public health, and optimizing existing treatment capacity.
FISCAL IMPACT:
Amendment No. 1 raises the professional services agreement to a sum not to exceed 919, 053. The Fiscal Year 2025-6 budget already includes $ 925, 200 in Capital Improvement Project WW 25-3 McKinley Avenue Force Main Intertie; therefore, no budget amendment is required to ratify this amendment.
ATTACHMENTS:
A. Resolution to Ratify City Manager' s
Execution of Amendment No. 1 to the
Agreement Between the City of Lathrop and Black Water Consulting Engineers to Provide Engineering Design Services for the Mckinley Avenue Force Main Intertie, CIP WW 25-3
B. Copy of fully executed Amendment No. 1 to the Agreement Between the City of Lathrop and Black Water Consulting Engineers dated April 14, 2025 to Provide Engineering Design Services for the Mckinley Avenue Force Main Intertie, CIP WW 25-3
CITY MANAGER' SREPORT PAGE 3
AUGUST 11, 2025 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER' SEXECUTION OF AMENDMENT NO. 1 TO THE
AGREEMENT BETWEEN THE CITY OF LATHROP AND BLACK WATER
CONSULTING ENGINEERS TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE MCKINLEY AVENUE FORCE MAIN INTERTIE, CIP WW 25-3 APPROVALS:
5725
Bellal Nabizadah Date
Assistant Engineer
Brad/ Tylor
City Engineer
Cari Ja
Finance ctor
V
Date
Date
7/ 5-/4- 7. s
thphoti5
S • S• zoZS
Michael King Date
Assistant City Manager
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 RATIFY CITY MANAGER' SEXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF LATHROP AND BLACK WATER CONSULTING
ENGINEERS TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE MCKINLEY AVENUE FORCE MAIN INTERTIE, CIP WW 25-3
WHEREAS, the City treats its wastewater at two facilities. The Manteca Wastewater Quality Control Facility ( MWQCF) serves areas primarily east of I-5, excluding the Crossroads, Gateway, and South Lathrop developments. The Lathrop Consolidated Treatment Facility ( LCTF) serves Crossroads, Gateway, South Lathrop, and all areas west of I-5; and
WHEREAS, to enhance reliability, operational flexibility, and efficiency, construction of an intertie between the two treatment systems is needed. The intertie will connect to the existing sanitary sewer force main at Vierra Road and McKinley Avenue, then extend west along Vierra Road and D' Arcy Parkway to the LCTF; and WHEREAS, on March 6, 2025, staff issued a request for proposals for engineering consulting services for the McKinley Intertie Project and received one qualified proposal from Black Water Consulting Engineers ( Black Water); and WHEREAS, on April 14, 2025, City Council created CIP WW 25-3, transferred 925, 200 from the Wastewater Connection Fee Fund 6030 to the project, and approved a $ 771, 001 professional services agreement ( PSA) with Black Water for Tasks 1-6 for feasibility assessment, basis -of -design report, detailed design, permitting, and bidding support; and
WHEREAS, staff has established an expedited schedule to ensure this critical project is completed as quick as possible. Black Water requested, and staff accepted, Amendment No. 1 to the PSA, increasing the contract by $ 148, 052to a revised total of $ 919, 053 and expanding the scope to meet the accelerated timeline. Staff now request City Council ratify the City Manager' s execution of this amendment; and WHEREAS, ratification of Amendment No. 1 will keep the McKinley Avenue Force Main Intertie on its accelerated schedule by securing the additional $ 148, 052 needed for additional consultant staff resources and accelerated subconsultant efforts that were not included in the original agreement; and
WHEREAS, immediate approval prevents cost escalation or contractual complications, allows construction bidding to proceed without interruption, and ultimately enables the City to balance wastewater flows between the MWQCF and LCTF, enhancing reliability, protecting public health, and optimizing existing treatment capacity; and
WHEREAS, Amendment No. 1 raises the professional services agreement to a sum not to exceed $ 919, 053. The Fiscal Year 2025-6 budget already includes $ 925, 200 in Capital Improvement Project WW 25-3 McKinley Avenue Force Main Intertie; therefore, no budget amendment is required to ratify this amendment.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby ratify City Manager' saction to execute Amendment No. 1 to the agreement between the City of Lathrop and Black Water Consulting Engineers to provide engineering design services for the McKinley Avenue Force Main Intertie, CIP WW 25-3, in the amount of $ 148, 052.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 11th day of August 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas
City Clerk
Salvador Navarrete
City Attorney
Docusign Envelope ID: 49AEEE3F- 0619- 4CF7- 9E8A- 6292AEC7116 Attachment 13 u
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
BLACK WATER CONSULTING ENGINEERS DATED APRIL 14, 2025
TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE MCKINLEY AVENUE FORCE MAIN INTERTIE, CIP WW 25-3
THIS FIRST AMENDMENT ( hereinafter " AMENDMENT NO. 1") to the agreement between Black Water Consulting Engineers and the City of Lathrop, (hereinafter "AGREEMENT") dated for convenience this ifyik day of IvGx7Sr 2025, is by and between Black Water Consulting Engineers (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on April 14, 2025, CONSULTANT and CITY entered into an AGREEMENT for Professional Consulting Services to provide engineering design services for the McKinley Avenue Force Main Intertie, CIP WW 25-3, in the amount of $771, 001; and WHEREAS, CONSULTANT has provided CITY with a
scope of work attached hereto as
Exhibit " A" for Amendment No. 1 to meet the expedited deadline which requires additional staff resources and accelerated subconsultant efforts; and
WHEREAS, CONSULTANT is willing to render such engineering services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT NO. 1 TO AGREEMENT
1) Scope of Service. Section (1) of the AGREEMENT is hereby amended to add the following:
CONSULTANT agrees to meet staff requested expedited deadline which requires additional CONSULTANT staff resources and accelerated subconsultant efforts in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" in addition to the scope of work in the original AGREEMENT dated April 14, 2025. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
City hereby agrees to pay CONSULTANT an additional cost of $148, 052 for the services set forth in Exhibit " A" of this AMENDMENT NO. 1.
Docusign Envelope ID: 49AEEE3F- 0619- 4CF7- 9E8A- 6292AEC7116 CITY OF LATHROP - BLACK WATER CONSULTING ENGINEERS.
AMENDMENT NO. 1 FOR THE MCKINLEY AVENUE FORCE MAIN INTERTIE, CIP WW 25-3 3) Effective Date and Term
The effective date of AMENDMENT NO. 1 shall be the date set forth above, and it shall terminate no later than June 30, 2027. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicability to Original Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated April 14, 2025 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Signatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 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: 49AEEE3F- 0619- 4CF7- 9E8A- 6292AEC7116 CITY OF LATHROP - BLACK WATER CONSULTING ENGINEERS.
AMENDMENT NO. 1 FOR THE MCKINLEY AVENUE FORCE MAIN INTERTIE, CIP WW 25-3 Approved as to Form:
Recommended for Approval:
Approved by:
Resolution #
Consultant:
City of Lathrop
City Attomey
Salvador Navarrete Date
City of Lathrop
City Engineer
Fo R 1. 21'
Brad Taylor
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Step en J. Salvatore
City Manager
ZoZS
Date
Z5
Date
Black Water Consulting Engineers
602 Lyell Drive
Modesto, CA 95356
Fed ID # 46- 1504431
Lathrop Business License # NLB- 000124- 24
4frrrur
igna ure
Aja Verburg
7/ 22/025
Date
Vice President
Print Name and Title
ca. ROMA
lgna° ure
Alison Furuya
7/ 23/025
Date
Vice President
Print Name and Title
Docusign Envelope ID: 49AEEE3F- 0619- 4CF7- 9E8A- 6292AEC7116 BLACK 4WATER
July 11, 2025
Brad Taylor, PE, TE - City Engineer
City of Lathrop
Public Works Department
VIA: EMAIL)
Subject: McKinley Avenue Forcemain Intertie, CIP WW 25-3 Request for Agreement Amendment
Dear Mr. Taylor,
Black Water Consulting Engineers, Inc. respectfully requests a revision to the scope and associated fee for the McKinley Avenue Forcemain Intertie CIP WW 25-3. The Agreement for Professional Services, executed on April 28, 2025, authorized Black Water to perform Tasks 1 through 6 under the approved scope, excluding Tasks 5. 4 and 5.
A Notice to Proceed was issued on April 14, 2025. Subsequently, the City requested that the Final Plans, Specifications, and Estimate ( PS& E) be expedited from the original October 2025 milestone to July/ August 2025.
This schedule acceleration requires revisions to the scope and an increase in budget. The current scope of work includes:
Task 1- Project Management and Administration
Task 2 - Information Collection and Review
Task 3 - Technical Memorandum
Task 4 - Plans, Specifications, and Estimates
Task 5 - Permitting and Environmental
Task 6 - Bidding Assistance
To meet the expedited deadline, additional staff resources and accelerated subconsultant efforts have been required. Therefore, Black Water is requesting an additional budget of $148, 052 to complete the Final Deliverables for Tasks 1- 5and Bid Assistance Task 6, as defined in the Agreement. A revised level of effort and fee is also included for Task 6 Bidding Assistance. A detailed workplan for the expended level of effort and fee through July 4, 2025, and the estimated level of effort and fee through the deliverable date of August 8, 2025, is attached. The following summarizes the original agreement fee and additional budget request:
Authorized Agreement Fee ( Task 1-6): $771, 001
Requested Amended Authorized Agreement Fee ( Task 1-6): $919, 053 We appreciate the City' scontinued partnership and consideration of this request. Please do not hesitate to contact us should you need further details or supporting documentation.
Sincerely,
t . fit
Aja Ve} burg, P. E.
Vice President
Attachment: Estimated Revised Detailed Fee
Edgar Torres, P. E.
Project Manager
MODESTO, CA I FRESNO, CA
www. blackwater- eng. com
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