AMENDMENT TO SERVICES AGREEMENT BETWEEN
THE CITY OF SUNNYVALE AND EOA INC.
FOR FECAL INDICATOR BACTERIA SOURCE IDENTIFICATION AND MONITORING T
his Amendment to Services A greement, dated _________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation for the state of California, and EOA INC. ("CONTRACTOR").
WH
EREAS, the CITY and CONTRACTOR entered into an Agreement on July 31, 2022, whereby CONTRACTOR would provide fecal indicator bacteria source identification and monitoring services (“Agreement”); and
W
HEREAS, the CITY and CONTRACTOR now agree that an Amendment to said Agreement is advisable;
NOW, THEREFORE, THE CITY AND AGENCY E NTER INTO THIS AMENDMENT TO SERVICES AGREEMENT:
1. Section 1 entitled Services by CONTRACTOR is hereby amended, in part , to read as follows:
1 . Servi ces by CONTRACTOR
[
Replace the first sentence of this section with the following:] C
ONTRACTOR shall provide services in accordance with Exhibit "A" entitled “Scope of Work” and Exhibit “A-1.”
2. Section 3 ent itled Payment of Fees and Expenses is hereby amended, in part, to read as follows:
3 . Payment of Fees and Expenses
[
Replace first paragraph of this section with the following:] C
ITY agrees to pay CONTRACTOR at half of the total joint participation fee set forth in Exhibit “B” and Exhibit “B-1”. Total compensation shall not exceed Three Hundred Thirty Thousand Three Hundred Fifty One and 00/100 Dollars ($330,351.00), unless upon written modification to this Agreement signed by both parties.
CONTRACTOR shall submit progress payment invoices to CITY no more frequently than monthly to be paid in accordance with the procedures set forth in Exhibit "B" and Exhibit “B-1” attached and incorporated by reference.
3. A
ll other terms and conditions remain unchanged and are in effect.
Attachment 1
IN WITNESS WHEREOF, the parties have executed this Agreement Amendment.
CITY OF SUNNYVALE ("CITY") EOA INC.
(“CONTRACTOR”)
By _____________________________ By _____________________________ City Manager
________________________________
Name and Title
ATTEST:
By _____________________________
By ___________________________
City Clerk ________________________________
Name and Title
APPROVED AS TO FORM:
By ___________________________
City Attorney
Attachment 1
Exhibit A-1
Task 5.5; On-call Services for Special Study Investigations T
hrough this task, EOA will provide on-call services upon direction by the City to support special study investigations in catchments where human genetic markers (i.e., HF183) and/or dry weather flows have been identified. In general, these investigations will be conducted on an iterative basis; findings and results from each activity drive the next step in the investigation. Example tasks that may be included in the investigations are listed below; however, the specific details will be developed by EOA and approved on a case-by-case basis by City staff, prior to initiating the investigation.
• D
esktop analysis of potential pollutant and flow sources, such as MRP provision C.15 conditionally exempt discharges, land use characteristics, and storm drain and sanitary sewer mapping. • Drive-by observations and surveys of bacteria sources in specific stormwater catchments. • Monitoring of the storm drain system for HF183 analysis, including observations of flow rates and measurements of specific conductance and temperature.
• Evaluations of the potential for exfiltration of sewage and human fecal material from the SSS to infiltrate into MS4s.
• Development of recommendations or plans for closed-circuit television (CCTV), smoke and dye tests, or other actions to be conducted by City staff.
Pr
ior to beginning an investigation, EOA will provide the City a summary scope, estimated cost, and schedule for each investigation task in tabular format. Upon written confirmation by the City, EOA will proceed with the investigation consistent with the scope, cost and schedule included in the table.
R
esults and findings from each step of the investigation(s) will be presented to City staff in tables, graphs, maps, or textual formats during virtual (e.g., Teams) meetings during which follow-up actions are discussed. As appropriate, monitoring accomplishments and results will be included in the Annual Reports that are submitted by the City to the Regional Water Board every September 30th. Results (through September 2024) will also be described in the Mid-Permit Interpretive Report which must be submitted by March 31, 2025. Subsequent results (through September 2025), if any, will be described in the Final Interpretive Report which must be submitted in December 2026 as part of the MRP Report of Waste Discharge.
A
nalytical data collected through this task will be validated according to the project Quality Assurance Project Plan (QAPP) and will be included with the Electronic Data Deliverables (EDDs) assembled each year for submission with the City’s Annual Report. Data collected in receiving waters will be submitted to the regional data center (Moss Landing Marine Laboratory) for upload to the California Environmental Data Exchange Network (CEDEN).
Attachment
E
xhibit B-1
Task Task Description Total Cost
Task 5.5; On-call
Services for Special
Study Investigations
Provide on-call services upon direction
by the City to support special study
investigations in catchments where
human genetic markers (i.e., HF183)
and/or dry weather flows have been
identified.
$100,000.00
Attachment