ITEM 4. 14
CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR
CONSTRUCTION- RELATED SERVICES FOR THE
SURFACE WATER DISCHARGE PROJECT, CIP WW
20- 17
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with Robertson- Bryan, Inc. to perform
Construction- Related Services for the Surface Water
Discharge Project, CIP WW 20- 17
SUMMARY:
The Surface Water Discharge Project Capital Improvement Project ( CIP) WW 20- 17 was created in order to obtain a National Pollutant Discharge Elimination System NPDES) permit to discharge effluent generated by the Lathrop Consolidated Treatment Facility ( LCTF) to the San Joaquin River. This project is needed to minimize sewer rate increases and support growth as the City' s wastewater flows increase and land becomes unavailable for the storage and disposal of recycled water.
The Regional Water Quality Control Board ( RWQCB) approved the NPDES permit in February 2022. As the project proceeded, it was determined that Robertson- Bryan Inc. ( RBI) will be needed to provide construction- related services for the outfall that is planned to begin discharge to the San Joaquin River by late fall of 2022. RBI has provided a proposal to provide the outfall construction- related support services for a time and materials cost, not to exceed $ 559, 154.
Staff is requesting Council approve a Professional Services Agreement ( PSA) with RBI in the amount of $ 559, 154. Sufficient funds were included in the adopted Fiscal Year 21/ 22 budget for CIP WW 20- 17 to cover the cost of these services.
BACKGROUND:
Wastewater from the City of Lathrop is treated at two separate facilities, the City of Manteca' s Wastewater Quality Control Facility ( WQCF) and the LCTF. Treated wastewater effluent from the City of Manteca WQCF is primarily disposed of via discharge to the San Joaquin River. Treated wastewater effluent from LCTF is currently discharged to land via ponds and spray fields. LCTF effluent disposal and reuse is regulated by the RWQCB.
CITY MANAGER' S REPORT PAGE 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSONBRYAN, INC. FOR CONSTRUCTION- RELATED SERVICES FOR THE SURFACE WATER DISCHARGE PRO) ECT CIP WW 20- 17
Obtaining a surface water discharge permit is a complex process that involves extensive coordination between City staff, developers, specialized consultants, multiple permitting agencies, and eventually, construction contractors. Beginning in 2017, staff has worked to complete tasks for the California Environmental Quality Act CEQA) process, design, and permitting phases. In September 2021, City Council approved the award of construction contracts, developer- funding agreements, and other items needed to begin project construction.
RBI provided services to negotiate the new NPDES permit with the RWQCB on behalf of the City and additional permit compliance services from RBI to assist the City with meeting the NPDES permit requirements were approved in November 2021. In February 2022, RWQCB approved the NPDES permit.
Project construction is underway with completion anticipated in August 2022. At the request of staff, RBI has provided a proposal to provide construction- related support services including general coordination and tasks that must be completed for construction of the outfall for a time and materials cost, not to exceed $ 559, 154.
Due to uncertainty with the construction schedule and mitigation requirements, a contingency in the amount of $ 50, 000 is included.
REASON FOR RECOMMENDATION:
The ability to dispose of effluent from the LCTF to the San Joaquin River is necessary to minimize future rate increases and support growth as the City' s wastewater flows increase and as land becomes unavailable for the storage and disposal of recycled water. Additional construction- related support services from RBI is needed to assist the City with tasks that are related to construction of the outfall.
FISCAL IMPACT:
The cost of the construction- related services for the outfatl construction from RBI is not to exceed $ 559, 154. Sufficient funds were included in the adopted Fiscal Year 21/ 22 budget for CIP WW 20- 17 to pay for these services.
ATTACH M ENTS:
A. Resolution Approving a Professional Services Agreement with RobertsonBryan, Inc. to perform Construction- Related Services for the Surface Water Discharge Project, CIP WW 20- 17
B. Professional Services Agreement with Robertson- Bryan, Inc. to Perform Construction- Related Services for the Surface Water Discharge Project CIP WW 20- 17
CITY MANAGER' S REPORT PAGE 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSONBRYAN, INC. FOR CONSTRUCTION- RELATED SERVICES FOR THE SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17
APPROVALS:
Z S• Zo22
Michael King Date
Public W s.pirector
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Cari Ja Date
Financ irector
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Salvador Navarrete Date
City Attorney
2 S- S- 2 oz2
Stephen J. S Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSONBRYAN, INC. TO PERFORM CONSTRUCTION- RELATED SERVICES FOR THE SURFACE WATER DISCHARGE PROJECT, CIP WW 20- 17
WHEREAS, the CIP WW 20- 17 Surface Water Discharge project was created to construct the necessary infrastructure and obtain a National Pollutant Discharge Elimination System ( NPDES) permit from the Regional Water Quality Control Board RWQCB) to allow discharge of tertiary treated effluent from the Lathrop CTF ( LCTF) to the San Joaquin River; and
WHEREAS, the ability to dispose of effluent from the LCTF to the San Joaquin River is necessary to minimize future rate increases and support growth as the City' s wastewater flows increase and land becomes unavailable for the storage and disposal of recycled water; and
WHEREAS, obtaining a surface water discharge permit is a complex process that involves extensive coordination between City staff, developers, specialized consultants, multiple permitting agencies, and eventually, construction contractors; and
WHEREAS, beginning in 2017, staff has worked to complete tasks for the California Environmental Quality Act ( CEQA) process, design, and permitting phases, and in September 2021, Council approved the award of construction contracts, developer- funding agreements and other items needed to begin project construction; and
WHEREAS, Robertson- Bryan Inc. ( RBI) provided services to negotiate the new NPDES permit with the RWQCB on behalf of the City and additional permit compliance services from RBI to assist the City with meeting the NPDES permit requirements were approved in November 2021; and
WHEREAS, RWQCB approved the NPDES permit in February 2022; and WHEREAS, additional services from RBI are needed to provide construction - related services including general coordination and tasks that must be completed for construction of the outfall; and
WHEREAS, at the request of staff, RBI has provided a proposal to provide these construction- related support services for a time and materials cost, not to exceed $ 559, 154; and
WHEREAS, sufficient funds were included in the adopted Fiscal Year 21/ 22 budget for CIP WW 20- 17 to pay for these services.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a Professional Services Agreement with RobertsonBryan, Inc. in the amount of $ 559, 154 to provide construction - related services for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17.
The foregoing resolution was passed and adopted this 16t'' day of May 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Attachment B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSTRUCTION - RELATED SERVICES WITH ROBERTSON- BRYAN, INC.
SURFACE WATER DISCHARGE PROJECT, CIP WW 20- 17
THIS AGREEMENT, dated for convenience this 16th day of May 2022, is by and between Robertson- Bryan, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Construction- Related Service, 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 Construction- Related 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 Construction- Related 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' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY. 2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 559, 154, for the Professional Construction- Related 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 — PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 3) Effective Date and Term
The effective date of this Agreement is May 16, 2022, and it shall terminate no later than June 30, 2023.
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) Billinqs
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' S bills 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 Reportinq
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) Auditinq
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 - PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 8) Assignment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Keith Whitener. 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, and shall be notified by CONSULTANT of any changes of CONSULTANT' s project staff prior to any change.
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. 9) Assiqnment and Subcontractinq
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' S authorized 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' S sole 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, 000). 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.
CITY OF LATHROP — PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 b) Commercial General and Automobile Liabilitv Insurance. CONSULTANT, at CONSULTANT' S own 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, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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' s rating 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.
CITY OF LATHROP — PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own 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, 000) 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, 000 per claim.
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' S cost, 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
CITY OF LATHROP — PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 them.
e) Notice of Reduction in Coveraqe. 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'S earliest possible opportunity and in no case later than five days after 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' S breach.
11) Indemnification - CONSULTANT' S Responsibilitv
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 manner in accordance with the standard of care applicable to CONSULTANT' S profession.
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.
CITY OF LATHROP — PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be appiicable 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.
15) Fundinq
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: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
CITY OF LATHROP — PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: Robertson- Bryan, Inc.
9888 Kent Street
Elk Grove CA 95624
Phone: ( 916) 714- 1801
17) 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) 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.
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 bythe parties.
CITY OF LATHROP — PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 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' s regular 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. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, 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
CITY OF LATHROP — PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 for any services prior to issuance of the Notice to Proceed. 19) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP - PROFESSIONAL CONSTUCTION- RELATED SERVICE AGREEMENT WITH ROBERTSON- BRYAN, INC. FOR SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17 Approved as to Form: City of Lathrop
City Attorney
S z— zD Z.Z.
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Robertson- Bryan, Inc.
9888 Kent Street
Elk Grove CA 95624
Fed ID # 68- 0460693
Business License # 20647
Signature Date
Print Name and Title
Exhibit A
r'{' L t oseRrson- RrRn, lnc,
Solrrtions for Progress
May 2, 2022
DELIVERED BY EMAIL
Mr. Michael King
Director of Public Works
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Proposal to Provide Construction- related Services for the City of Lathrop' s Consolidated Treatment Facility Surface Water Discharge Project Dear Michael:
Robertson- Bryan, Inc. ( RBI) has prepared this proposal to provide construction-related services to the City of Lathrop ( City) for the new Consolidated Treatment Facility (CTF) outfall in the San Joaquin River. Specifically, this proposal details services that are required by the suite of permits acquired by the City for construction and operation of the new wastewater outfall, including:
U. S. Army Corps of Engineers ( USACE} Clean Water Act( CWA) Section 404 Permits and associated NMFS and USFWS Biological Opinions; USACE Section 408 Permission;
California Department of Fish and Wildlife ( CDFW) Fish and Game Code Section 1602 Permit( Pending);
CWA Section 401 Water Quality Certification from the Central Valley Regional Water Quality Control Board ( Central Valley Water Board); and Reclamation District 17 Encroachment Permit.
RBI' s services to assist the City with permit requirements include general coordination and tasks that must be completed prior to, during, and following construction of the outfall. In addition, two subconsultants, Illingworth and Rodkin (noise monitoring services) and The Fisheries Foundation ( construction monitoring), will assist RBI with completing the necessary permit requirements.
Importantly, because the construction schedule and mitigation requirements have not been finalized, it is not possible to determine absolute costs for biological and noise monitoring and mitigation at this time thus a contingency task is included to cover any potential budget shortages due to these unknowns.
RBI' s scope and budget for competing these outfall construction- related tasks is provided below.
3100 Zinfantlel Drive, Suite 300 Phone 916. 714. 1801
Rancho Cordova CA 95670 Fax 916. 714. 1804
www.robertson- bryan. com
Mr. Michael King
City of Lathrop
May 2, 2022 Z RoaeRrson- B An,/ nc.
Solutions for Progress
I. SCOPE OF WORK
TASK 1: PREPARATION FOR CONSTRUCTION AND COORDINATION WITH THE PROJECT TEAM Adhering to the permit requirements will require significant preparation and coordination with the project team, including Resource Agency and City staff, Teichert, and noise and monitoring subcontractors. Specific sub- tasks to be completed under Task 1 include but are not limited to the following:
Coordination with the Project team regarding schedule and completion of all required pre- construction tasks;
Coordination with Teichert to ensure that the construction contractor is aware of all permit requirements and to coordinate the timing of construction components that require additional monitoring efforts;
Review of Teichert' s dewatering plan to ensure that it complies with all permit requirements;
Prepare the permit binders that are required to be on site; Coordination and scheduling with the noise and monitoring contractors; and Coordination with the Interagency Telemetry Advisory Group ( ITAG) to facilitate purchase of two acoustic tag receivers and any directly associated equipment required to detect acoustic- tagged salmonids passing the CTF outfall location, as required by the NMFS BO.
Deliverable: Permit binders
TASK 2: PRE- CONSTRUCTION TASKS
The suite of environmental permits and approvals requires numerous surveys and reports to be competed prior to the initiation of construction. Completion of these pre- construction tasks are essential to getting approval by the permitting agencies to initiate construction. Preconstruction subtasks include the following:
Site visit to mark vegetation to be removed by the contractor. All vegetation must be removed two weeks prior to the start of construction and must be competed using hand tools;
Site visit to survey completed Riparian Brush Rabbit exclusion fencing to ensure that it meets CDFW' s requirements;
2 Mr. Michael King
City of Lathrop
May 2, 2022 Roe non- B An, Inc
So/ u[ ions for Progress
Site visit to survey erosion protection measures to ensure they meet permit requirements. Note: depending on the timing of contractor preparation it is possible that these first three subtasks could be completed during the same site visit.
A Worker Environmental Training Program ( WEAP) will be prepared and given to Teichert at a scheduled meeting on- site prior to the initiation of construction; Complete all required Agency notifications regarding initiation of construction activities;
Complete all required biological construction surveys;
Prepare a pre- construction report; as required by the NMFS BO; Complete all mitigation purchases; and
Prepare a mitigation plan, as required in the NMFS BO;
Deliverables:
WEAP training program presented to Teichert construction crew Agency notifications
Technical Memorandum with the results of the biological pre- construction surveys Pre- construction report submitted to NMFS for approval Mitigation purchase receipts
Mitigation Plan submitted to NMFS for approval
TASK 3: CONSTRUCTION TASKS
Once construction has been initiated, RBI will complete additional tasks as required by the permits. Most significantly, Keith Whitener of RBI will serve as the permit defined biologist" for the project which requires him to be on site for all ground-breaking activities, including portions of construction of the coffer dam and all initial excavation activities. The project monitor", which will be a non- RBI subcontractor, will be required to be on site for all other construction days ( i. e., non- groundbreaking activities). The noise monitoring subconsultant will be required to be on site for all pile driving activities. Subtask to be completed during construction by RBI and its subcontractors include:
Fulfilling the" biologist" duties of the project, which will require Keith Whitener to be on site for up to 20 days over the course of construction; 3 Mr. Michael King
City of Lathrop
May 2, 2022 Roe rson- B An, / nc.
So/ ations tor Progress
Fulfilling the" monitor" duties of the project, which will require a subconsultant to be on site for up to 60 days over the course of construction; Noise monitoring, to be completed by a subconsultant, will require on site monitoring of all vibratory pile driving, which is assumed to be 36 days; Coffer dam fish rescue and associated documentation;
Special- status species documentation;
Incidental take reporting and planning;
Completion of CDFW required biweekly ( every two weeks) monitoring reports estimated to be 8 to 10 reports); and
Completion of Central Valley Water Board biweekly monitoring reports ( estimated to be 8 to 10 reports)
Deliverables:
Coffer dam fish rescue TM
Special- status documentation
Up to 10 CDFW monitoring reports
Up to 10 Central Valley Water Board monitoring reports
TASK 4: POST- CONSTRUCTION TASKS
Following the completion of construction, the various permits and BO' s require postconstruction reports as follows:
NMFS post- construction report;
USFWS post- construction report; and
CDFW post- construction report.
In addition, following the completion of construction RBI will complete a final site visit to document the habitat conditions and ensure all permit requirements have been completed.
Deliverables:
CDFW, USFWS, and NMFS post-construction reports.
4 Mr. Michael King
City of Lathrop
May 2, 2022 Roe rson- B rAn,/ nc.
So/ utions for Progress
TASK 5: PROJECT MANAGEMENT
This task provides hours for the Resource Director and Project Manager to oversee and direct RBI staff efforts on each task. In addition, this task provides time for project coordination by phone, email, and fax with project team members, budget and schedule tracking, and other duties to coordinate/ administer the project.
CONTINGENCY
As described above, the construction schedule and mitigation requirements have not been finalized and, therefore, it is not possible to determine absolute costs for biological and noise monitoring and mitigation at this time and thus a contingency in the amount of$ 50, 000 is included to cover any potential budget shortages due to these unknowns.
OTHER PERMIT REQUIREMENTS NOT INCLUDED IN THIS PROPOSAL In addition to the permit requirements scoped above, the NMFS BO includes three additional tasks be completed following the initiation of discharge from the new outfall, including:
An effluent dispersion ( dye) study to be completed within six months of discharge; A Chemicals of Emerging Concern study to be completed within six months of discharge;
Providing copies of the NPDES permit self-monitoring reports and the results of priority pollutant analysis and acute whole effluent toxicity testing of CTF Effluent using rainbow trout. Note: these activities are required by the NPDES permit for surface water discharge to the San Joaquin River. This task is not to complete these tasks but to facilitate providing the information and results to NMFS.
Because these tasks won' t be completed until the discharge is initiated and significant effort is required to design and budget the two studies, RBI will prepare a separate proposal to complete these tasks once construction of the outfall is initiated.
The NMFS BO also requires the City to facilitate the purchase of two acoustic tag receivers and any directly associated equipment for the Interagency Telemetry Advisory Group ITAG). While budget to coordinate these efforts is included in this proposal, the cost to purchase the equipment is not. It is assumed that this purchase would occur after discharge has been initiated and thus this cost can be included in the separate proposal to complete the above described tasks not included in this proposal.
II. SCHEDULE
RBI can begin providing professional services upon receipt of a signed contract, Purchase Order, or written authorization to proceed.
5 Mr. Michael King
City of Lathrop
May 2, 2022 J' . RoeE son- Bavan, lnc:
Solutions ior Progress Page 6
III. CONTRACT AND BILLING ARRANGEMENT
RBI recommends a time and materials contract not to exceed $ 559, 154 without written authorization to provide the professional services defined in the scope of work outlined herein see Attachment 1 for a detailed project budget). RBI will invoice monthly according to RBI' s current rates ( Attachment 2) for all work activities completed in the prior month.
If you have any questions regarding this scope of work and budget, please do not hesitate to contact me at ( 916) 714- 1802. We look forward to working with you on this project.
Sincerely,
Keith Whitener
Resource Director
Robertson- Bryan, Inc.
Attachment l: Budget
Attachment 2: 2022 Fee Schedule
6 r''' Ros non- Barq Inc
Solutions for Progress
ATTACHMENT 1
RBIBUDGET
Resource Senior Staff RBI
L11 ItOBERrSOM- BRI'qll ll Director Scientist I Scientist 1 Subtotal SolutlonstorProgress Keith Ellen Hailey
Whitener Preece Ave
Task 1: Pre aration for Construction and Coordination 40 40 5 17, 920 Task 2: Pre- construction Tasks 60 20 40 S 28, 460
Task 3: Construction Tasks 240 80 S 80, 320
Task 4: Post- construction Tasks 16 40 60 5 24,608
Task 5: Pro' t Mana ement 48 8 8 S 16, 696
Total Hours: 404 68 228
Rate: $ 278 $ 249 $ 170
Labor Subtotal: $ 112, 312 $ 16, 932 ; 35, 760 ; 168, 004 Estimated Miti ation Costs Plus 5°/a RBI rocessin fee 157, 500 Noise SubconsulFant- Iliingworth and Rodkin( Plus 5% RBI processing fee) $ 113, 400 Biobgical Monitor Subconsuftant and Mileage( Plus 5% RBI processsing fee) $ 68, 250 Milea e- A ro amatel 25 round tri s to the ro'ect site for RBI staff 2, 000 Contin enc 50, 000
Direct Ex nses Subtotal 391, 150
r': Ros non- BRrAn, lnc
Solutions for Progress
ATTACHMENT 2
2022 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 RATE/ HOUR
Managing Partner 325. 00
Partner 316. 00
Principal Engineer/ Scientist 308. 00
Senior Consultant 291. 00
Resource Director 278.00
Associate 267. 00
Senior Engineer/ Scientist II 261. 00
Senior Engineer/ Scientist I 249.00
Project Engineer/ Scientist III 229. 00
Project Engineer/ Scientist II 219. 00
Project Engineer/ Scientist I 199. 00
Staff Engineer/ Scientist II 186. 00
Staff Engineer/ Scientist I 170. 00
Technical Analyst 162. 00
Graphics/ GIS 148. 00
Laboratory Compliance Specialist 144. 00
Administrative Assistant 106. 00
Intern 69. 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 161n
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.
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