ITEM 4. 9
CITY MANAGER' S REPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AGREEMENT WITH V&A CONSULTING
ENGINEERS INC., TO PROVIDE A CONDITION
ASSESSMENT OF CROSSROADS STORM DRAIN PUMP
STATION OUTFALL AND PIPELINES AND A BUDGET
AMENDMENT
RECOMMENDATION: Adopt a Resolution to Approve an Agreement with V&A Consulting Engineers Inc., to Provide a
Condition Assessment of the Crossroads Storm Drain
Pump Station Outfall and Pipelines and Approve a
Budget Amendment
SUMMARY:
In accordance with the lease agreement between the City of Lathrop and the State Lands Commission ( SLC) for the Crossroads storm drain pump station outfall, the City is obligated to conduct a thorough assessment of the pipes and headworks structure. V&A Consulting Engineers Inc., (V&A) has provided a proposal to provide this assessment for a cost of $26, 000.
Allocated funds in the FY 24/5 budget for the Crossroads Storm Drain Fund 2500 are insufficient to cover this expense. Therefore, City staff is seeking approval from the Council to amend the budget by $ 26, 000 to increase appropriations to Fund 2500.
BACKGROUND:
On June 23, 2022, the City of Lathrop entered into a general lease agreement with the SLC regarding the existing storm drain outfall for the Crossroads storm drain pump station and the new outfall for the Consolidated Treatment Facility ( CTF) discharge to the San Joaquin River. Under the terms of this lease agreement, the City is obligated to conduct a thorough condition assessment of the 12 -inch and 48 -inch diameter pipelines and head wall to ensure their suitability for continued use within six months of the lease commencement date, and subsequently at least once every five years.
In response to a request from staff, V&A has submitted a proposal for conducting a comprehensive condition assessment of the Crossroads Storm Drain Pump Station outfall and pipelines at a cost of $26, 000.
RECOMMENDATION:
It is imperative that this assessment be completed to ensure the proper functioning and maintenance of the storm drain pump station outfall. Approval of this budget CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AGREEMENT WITH V&AENGINEERING TO PROVIDE A
CONDITION ASSESSMENT OF CROSSROADS STORM DRAIN PUMP STATION
OUTFALL AND PIPELINES AND A BUDGET AMENDMENT
amendment is needed to fulfill our obligations under the lease agreement and maintain the integrity of the City' s infrastructure.
In order to adhere to the terms of the SLC lease agreement, staff requests that City Council consider adopting a resolution to approve an agreement with V&A. This agreement will facilitate a comprehensive condition assessment of the Crossroads Storm Drain Pump Station Outfall. Additionally, we seek approval for a budget amendment to increase the appropriations for the Crossroads Storm Drain Fund 2500.
FISCAL IMPACT:
The cost of the agreement with V&A is $ 26, 000, which will be funded through the Crossroads Storm Drain Fund 2500. The adopted FY 24/5 budget for Fund 2500 did not allocate enough funds to cover this expense. As a result, staff requests that the Council approve a budget amendment to increase the appropriation for Fund 2500 by $ 26, 000 as follows:
Increase Appropriation
2500- 521- 40- 01- $ 26, 000
ATTACHMENTS:
A. Resolution to Approve an Agreement with V&A Consulting Engineers, Inc., to Provide a Condition Assessment of the Crossroads Storm Drain Pump Station Outfall and Approve a Budget Amendment
B. Agreement with V&A Consulting Engineers, Inc. to Provide a Condition Assessment of the Crossroads Storm Drain Pump Station Outfall CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
APPROVE AGREEMENT WITH V&A ENGINEERING TO PROVIDE A
CONDITION ASSESSMENT OF CROSSROADS STORM DRAIN PUMP STATION
OUTFALL AND PIPELINES AND A BUDGET AMENDMENT
APPROVALS:
Afr, oz/ yy/ Z01- 5-
Greg bson Date
Senior Civil Engineer
F' iZ
Brad Taylor
City Engineer
Cari Ja
Financ: irector
2 • 2-1. ZoZs
Date
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Date
2.1-.oZ5
Michael King Date
Assistant City Manager
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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 AN AGREEMENT WITH V&A CONSULTING ENGINEERS INC., TO
PROVIDE A CONDITION ASSESSMENT OF THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL AND PIPELINES AND APPROVE A BUDGET
AMENDMENT
WHEREAS, on June 23, 2022, the City of Lathrop entered into a general lease agreement with the SLC regarding the existing storm drain outfall for the Crossroads storm drain pump station and the new outfall for the CTF discharge to the San Joaquin River; and
WHEREAS, under the terms of this lease agreement, the City is obligated to conduct a thorough condition assessment of the 12 -inch and 48 -inch diameter pipelines and head wall to ensure their suitability for continued use within six months of the lease commencement date, and subsequently at least once every five years; and
WHEREAS, at the request of staff, V&A Consulting Engineers Inc., has provided a proposal for providing a condition assessment of the Crossroads Storm Drain Pump Station outfall and pipelines for a cost of $ 26, 000; and WHEREAS, in order to adhere to the terms of the SLC lease agreement, staff requests that City Council consider adopting a resolution to approve an agreement with V&A. This agreement will facilitate a comprehensive condition assessment of the Crossroads Storm Drain Pump Station Outfall. Additionally, staff requests approval for a budget amendment to increase the appropriations for the Crossroads Storm Drain Fund 2500.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve an agreement with V&A Consulting Engineers Inc., to provide a condition assessment of the Crossroads Storm Drain Pump Station Outfall to be paid through Crossroads Storm Drain Fund 2500; and
BE IT FURTHER RESOLVED, the City Council of the City of Lathrop does hereby approve the following budget amendment:
Increase Appropriation
2500- 521- 40- 01- $ 26, 000
The foregoing resolution was passed and adopted this 10th day of March 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH V&A CONSULTING ENGINEERS INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS
STORM DRAIN PUMP STATION OUTFALL
THIS AGREEMENT, dated for convenience this 10th day of March, is by and between V&A Consulting Engineers Inc., ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Pipeline and Outfall Condition Assessment Services for the Crossroads Storm Drain Pump Station, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Condition Assessment Services for the Crossroads Storm Drain Pump Station, 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 Condition Assessment Services for the Crossroads Storm Drain Pump Station Pipelines and Outfall 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 $ 26, 000 for the Professional Services set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
made based on a time and materials basis.
3) Effective Date and Term
The effective date of this Agreement is March 10, 2024, 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) 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' sAuthorized Representative: Noy Phannavong, P. E. 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.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' 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. 9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,0) 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.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s
general supervision of CONSULTANT;
products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California - admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non - renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' Scost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew
the coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' sauthorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement
that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
f)In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent 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
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
14) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to:
To Consultant:
16) Miscellaneous
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
V&A Consulting Engineers, Inc..
1000 Broadway, Suite 320
Oakland, CA 94607
FED ID #
Bus License #
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.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
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)
0)
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)
p)
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.
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.
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.
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.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
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' sfees, incurred or expended in connection with such action against the non -prevailing party.
17) 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. 18) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE CONDITION ASSESSMENT SERVICES FOR THE CROSSROADS STORM DRAIN
PUMP STATION OUTFALL
Approved as to Form:
Recommended for Approval:
Approved by:
City Council Approval:
March 10, 2025
Resolution No:
Consultant:
City of Lathrop
City Attorney
Salvador Navarrete
City of Lathrop
Assistant City Manager
2 'Z .S ' 1- s
Date
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
V&A Consulting Engineers, Inc.
1000 Broadway, Suite 320
Oakland, CA 94607
Fed ID #
Business License #
Signature Date
Print Name and Title
Signature Date
Print Name and Title
EXHIBIT "A__"
V&A
V&A Project No. 25- 0047
February 4, 2025
Greg Gibson, PE
Senior Civil Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
1000 Broadway
Suite 320
Oakland, CA 94607
Subject: City of Lathrop - Crossroads Storm Drain Pump Station Outfall Pipes Proposal for Condition Assessment Services
Dear Mr. Gibson:
510. 93. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
Thank you for requesting a proposal for the assessment of the Crossroads Storm Drain Pump Station outfall pipes located in Lathrop, California. The outfall pipes are comprised of approximately 1, 850 feet of 12 -inch PVC and 48 -inch RCP/ steel pipes. The pipes convey storm water runoff from the Crossroads commercial/ industrial park to the San Joaquin River. The outfall pipes are buried underground, cross underneath Interstate 5, and cross through the levee before reaching the river. There are potentially three ( 3) access points: the pressure chamber at the pump station, the air release valves at the levee, and the flap gates at the outfall structure at the river.
The City of Lathrop is required by the State Lands Commission to perform a condition assessment of the outfall pipes. V&A Consulting Engineers (V&A) is prepared to assess the condition of the pipes using visual investigation, non- destructive testing, and closed- circuit television video of the pipe to the extent that is possible due to access constraints.
The work is anticipated to occur in March 2025. Per your request, the following is our proposal and detailed scope of work for the subject services:
Scope of Work
Task I Description
1. Project Management: Track and execute the project in accordance with the schedule, budget, and quality expectations that are established. The project duration is assumed to be 3 months. This task includes the following project management work activities:
a. Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; manage activities within the total project budget.
b. Submit required prevailing wage documents and DAS forms as required by the State of California Department of Industrial Relations for all field- testing work. Comply with prevailing wage laws and certified payroll requirements, if necessary. c. Manage the quality of all work activities and project deliverables.
2. Preparation:
a. Document Review: Review the drawings and existing documentation for the outfall pipes to determine the requirements for the field assessment, such as determining the access locations, staging of safety equipment, and testing locations. b. Equipment: Prepare equipment, including personal protective equipment, gas meters, ventilation equipment, tripod assembly, mechanical winch, and fall arrest for the field assessment.
3. Field Assessment: The 12 -inch and 48 -inch outfall pipes will be evaluated during one (1) site visit, assuming that both pipes will be available during the site visit. The CCTV camera will be deployed at the pressure chamber, air -release valve, and outfall structure, as accessible. V&A will conduct confined space entries to deploy the CCTV camera at the pressure chamber as well as to perform testing on the interior surfaces of the 48 -inch outfall pipe locally ( at the access structures only) at the pressure chamber, air release valve, and outfall structure, as safely accessible. The assessment will be performed by three ( 3) V&A personnel and two (2) CCTV subcontractor staff.
V&A will comply with Cal OSHA confined space entry requirements; however, a safety plan will not be submitted prior to the site visit. V&A will provide the confined space safety and testing equipment required for V&A personnel to conduct the assessment. The field assessment will include the following:
a. Visual assessment: Qualitative condition assessment observations are subjective and based upon the evaluator' s expertise.
i. Visually assess safely accessible surfaces of the outfall pipes. i i . Rate conditions using the VANDA® Concrete and Metallic Condition Indexes. See attached VANDA Indexes.
i ii. Document observations using digital photographs. A minimum of 40 photos will be obtained.
b. Reinforced concrete pipe at the pressure chamber:
i. Measure the thickness of concrete pipe and the concrete protecting the reinforcing steel using surface penetrating radar ( SPR).
i i. Assess the concrete pipe surface condition by " sounding" to listen for shallow delamination within the concrete substrate. Delaminated areas will be marked with chalk for reporting purposes.
iii. Conduct penetration measurements ( using a chipping hammer) to find the depth to sound material at 1 location.
iv. Measure the surface pH of the concrete surfaces at the concrete penetration test location described above. The pH of concrete can substantiate the extent of degradation. c. Steel pipe at the air release valve ( levee) and outfall structure:
i. Measure the metal wall thickness using A -scan ultrasonic testing ( UT) at up to 16 locations on the pipe interior to evaluate the nominal thickness and extent of corrosion. A schematic showing the number and location of the measurements will be provided. ii. Measure pit depth where significant metallic corrosion pitting is observed and UT measurements are not successful. A pit depth gauge will be used for measurements. d. CCTV
i. Retain a CCTV contractor to capture CCTV assessment videos of the outfall pipes to the extent possible from accessible access locations. The CCTV assessments will be conducted per NASSCO PACP coding standards. Provide NASSCO coding data in tabular form, videos, still images of defects, and PACP reports in electronic form.
4. Report: Prepare a letter report that describes the field assessment methods, activities, results, and conclusions. The report will include photographs of the existing conditions, data tables, and graphical and illustrative figures, as required, to present the information gathered during this 1V&A i Project No. 25- 0047 I 2
assessment. The locations and severity of defects will be noted, and the current condition of the pipes regarding their state of degradation will be described. Recommendations for rehabilitation or repair will be presented in the report, as needed. A draft electronic copy of the report will be submitted for review. Comments will be incorporated, and a final electronic copy that is signed and stamped by a licensed California civil engineer will be provided.
Any changes to the following assumptions, prevailing wage assumption, exclusions and limitations, or proposed schedule may necessitate an adjustment to the proposed fee.
Assumptions
The following is a list of additional assumptions used to develop V&A' sscope of work.
V&A will submit monthly invoices in electronic format via email. Time spent submitting invoices via a different method may incur additional charges.
The pump station and outfall pipes will be taken out of service, cleaned, and dewatered by the City prior to the assessment.
The access points listed below will be opened and secured by the City:
Pressure chamber - open hatches and sluice gates.
Air release valves - open manhole hatch and temporarily remove air valves.
Flap gates - open and secure the flap gates in the opened position.
Suitable access points are available to set up a ladder and davit arm/ tripod fall- protection/ retrieval system.
Encroachment permits will not be required for V&A to perform the work.
Prevailing Wage Assumption
V&A understands some or all tasks associated with this project are subject to prevailing wage rate requirements. All project labor subject to prevailing wage requirements will incur a 30% markup on the associated labor fee. This markup covers the higher base hourly labor rates associated with prevailing wage rates, additional premium pay requirements, and reporting requirements.
Exclusions and Limitations
The following items, unless otherwise indicated, are not included in the scope of work:
Traffic Control Plans
Traffic Control Measures, including but not limited to sign boards, cones, and flaggers Project Specific Health and Safety Plan
Encroachment Permits
Permitting
Notification
Bonds
Shutdown, Dewatering, and Cleaning of Structures
Excavations
Structure Access, including but not limited to ladders, scaffolding, and cranes Supplied Air
V&A I Project No. 25- 0047 I 3
Vendor Portal Registration
Payment Portal Invoice Submission
Fee Proposal
V&A proposes to complete this work on a lump sum basis at a total cost not to exceed $ 26, 000 with terms of net 30 days ( contingent payment terms dependent on timely processing of V&A' ssubmitted invoice). This fee is valid for 90 days from the date of this proposal. The scope of work was developed as a result of our discussions and represents our mutual understanding.
Summary of Cost per Task
Task Amount
Project Management 1, 935
Preparation 1, 066
Field Assessment 12,79
Report 10, 820
Tota l : 26, 000
If unforeseen circumstances should arise which indicate that more work is required, V&A will provide a written estimate of additional required work and cost. V&A will not proceed with work beyond the not -to -exceed figure without a written authorization from your office.
We are prepared to begin work on your project upon receiving written approval, a notice to proceed NTP), or a purchase order from your office.
On behalf of our staff and myself, I would like to thank you for the opportunity to be of service to you, and the City of Lathrop. We look forward to working with you.
Sincerely,
V&A Consulting Engineers, Inc.
Noy Phannavong, P. E.
Senior Project Manager - Condition Assessment Practice Lead Accepted: Date:
City of Lathrop
IV&A I Project No. 25- 0047 I 4
V&A
1000 Broadway
Suite 320
Oakland, CA 94607
510. 903. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
V&A Consulting Engineers
2025 Fee Schedule
Rates include Overhead & Profit
Position Hourly Rate
Principal -in -Charge 340
Senior Project Manager 300
Project Manager 285
Senior Project Engineer 264
Project Engineer 235
Deputy Engineer $ 222
Associate Engineer $ 210
Graduate Engineer $ 173
CAD Designer $ 171
Corrosion Field Supervisor $ 171
Engineering Associate $ 159
Senior Technician $ 151
Technician $ 132
Project Administrator $ 105
Deposition/ Court Appearance $ 616
Other Direct Costs
Subcontractor/ Subconsultant, Lab Analysis: Cost + 10%
Travel (Air/ Hotel/ Per Diem/ Car Rental), Printing, Shipping: @ Cost Auto/ Truck Mileage: @ Federal Rate
Field Truck: $ 125/ Day
Confined Space Entry Truck and Safety Equipment: $ 250/ Day California Prevailing Wage Markup: Labor + 30%
g V&A I Project No. 25- 0047 I 5
iV&A
VANDA Concrete Condition Index
1000 Broadway
Suite 320
Oakland, CA 94607
510. 93. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
V&A created the VANDA Concrete Condition Index to provide consistent reporting of corrosion damage based on objective criteria. Concrete condition is rated from Level 1 to Level 5 based upon field observations and measurements, with Level 1 indicating the best case and Level 5 indicating severe damage. The individual criteria are applied based on engineering judgment to arrive at the overall rating.
Condition
Rating Description
Representative
Photograph
Level 1 Little or no damage to concrete
Hardness hard surface
Surface profile smooth, apparently intact
Cracks hairline width, minimal frequency
Spalling none
Reinforcement not exposed or damaged
Level 2 Minor surface damage
Hardness soft surface layer to 1/ 8 -inch depth
Surface profile fine aggregate exposed
Cracks hairline width, moderate frequency
Spalling shallow spalling, minimal frequency
Reinforcement not exposed or damaged
Level 3 Moderate surface damage
Hardness soft surface layer to 1/ 4 -inch depth
Surface profile large aggregate exposed or protruding
Cracks up to 1/ 32 -inch width, moderate frequency
Spalling shallow spalling, minimal frequency
Reinforcement exposed; minor damage, minimal frequency
Level 4 Loss of concrete mortar and damage to reinforcement Hardness soft paste beyond 1/ 4 -inch depth
Surface profile large aggregate exposed, loose, or missing Cracks 1/ 8- to 1/ 4 -inch width, moderate frequency
Spalling deep spalling, moderate frequency
Reinforcement exposed with damage, moderate frequency
Level 5 Bulk Toss of concrete and reinforcement
Hardness soft paste beyond 1 -inch depth
Surface profile large aggregate exposed, loose, or missing Cracks over 1/ 2 -inch width, or narrower and frequent
Spalling deep spalling, high frequency
Reinforcement consumed; loss of structural integrity
2020 V&A Consulting Engineers, Inc. All rights reserved. rIV&A I Project No. 25- 0047 I 6
V&A
VANDA Metal Condition Index
1000 Broadway
Suite 320
Oakland, CA 94607
510. 93. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
V&A created the VANDA Metal Condition Index to provide consistent reporting of corrosion damage based on objective criteria. Metal condition is rated from Level 1 to Level 5 based upon field observations and measurements, with Level 1 indicating the best case and Level 5 indicating severe damage. The individual criteria are applied based on engineering judgment to arrive at the overall rating.
Condition
Rating Description
Level 1 Little or no corrosion
Wall thickness loss, general none
Wall thickness loss, pitting none to minimal
Extent ( area) of corrosion may be widespread but superficial Level 2 Minor corrosion
Wall thickness loss, general up to 20%
Wall thickness loss, pitting up to 20%
Extent ( area) of corrosion localized
Level 3 Moderate corrosion
Wall thickness loss, general 20% to 40%
w WaII thickness loss, pitting 20% to 60%
Extent ( area) of corrosion up to half of surface
Level 4 Severe corrosion
Wall thickness loss, general 40% to 60%
Wall thickness loss, pitting 60% to 100% ( pinholes)
Extent ( area) of corrosion most of surface
Level 5 Failure or imminent failure
a Wall thickness loss, general greater than 60%
Wall thickness loss, pitting 100% ( holes)
c
Extent ( area) of corrosion most or all of surface
2020 V&A Consulting Engineers, Inc. All rights reserved. riV& A i Project No. 25- 0047 I 7
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