ITEM 4. 24
CITY MANAGER' SREPORT
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP SD 26-6 CROSSROADS STORM DRAIN
PUMP STATION OUTFALL PIPE REPAIRS, APPROVE
AGREEMENT WITH V&A CONSULTING ENGINEERS
AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Pipe Repairs,
Approve Agreement with V&A Consulting Engineers
and Approve Budget Amendment
SUMMARY:
The Crossroads Storm Drain Pump Station pipelines and outfall structure were constructed in 1993 to convey stormwater runoff from the Crossroads commercial and industrial park to the San Joaquin River.
Pursuant to 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 required to conduct a thorough assessment of the pipes and headworks structure.
V&A Consulting Engineers ( V&A) has completed the assessment and provided a report with recommendations for repairs of the 48 -inch diameter pipeline for the Crossroads Storm Drain Pump Station.
Additional engineering services from V&A are needed to prepare plans, specifications and bid documents for the repair work. Staff recommends Council approve the creation of CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Pipe Repairs, approve an agreement with V&A for design services in the amount of $ 39, 792, and approve a budget amendment.
BACKGROUND:
On June 23, 2022, the City of Lathrop entered into a General Lease Agreement with the SLC for the existing Crossroads Storm Drain Pump Station outfall and the Consolidated Treatment Facility ( CTF) discharge to the San Joaquin River.
Under the terms of this lease agreement, the City is required to perform a comprehensive condition assessment of the 12 -inch and 48 -inch diameter pipelines and headwall within six months of the lease commencement date and at least once every five years thereafter.
On March 10, 2025, the City Council approved an agreement with V&A to perform a condition assessment of the Crossroads Storm Drain Pump Station Outfall and Pipelines in compliance with the lease agreement.
CITY MANAGER' S REPORT PAGE 2
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
CREATE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIRS, CIP SD -26-6, APPROVE AGREEMENT WITH V&A CONSULTING
ENGINEERS AND APPROVE BUDGET AMENDMENT
V&A completed the assessment and prepared a
report identifying recommended
repairs for the 48 -inch storm drain pipeline located at the outfall structure. At the request of staff, V&A submitted a proposal to provide engineering design services necessary to prepare plans, specifications, and bid documents for the repair work.
The cost for these engineering design services is $ 39, 792.
REASON FOR RECOMMENDATION:
The lease agreement between the City of Lathrop and the State Lands Commission SLC) requires the City to conduct a thorough assessment of the pipes and headworks structure. V&A
completed the assessment and identified repairs needed for the 48 - inch diameter pipeline for the Crossroads Storm Drain Pump Station.
Additional engineering design services are necessary to prepare plans, specifications, and bid documents required to complete the recommended repairs.
Staff recommend that Council approve the creation of CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Pipe Repairs, approve an agreement with V&A Engineering for design services and approve the associated budget amendment.
FISCAL IMPACT:
The cost of the agreement with V&A Consulting Engineers for engineering design services to the Crossroads Storm Drain Outfall Pipe Repair is $ 39, 792. Sufficient funds are not currently available within the Crossroads Storm Drain Fund to complete the required repairs. Therefore, staff is requesting a budget amendment for an initial budget of $ 45, 000 to be allocated from the General Fund ( 1010) to the new CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Repairs as detailed below:
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3910- 9900- 393- 0000 SD 26-6
Increase Appropriation
3910- 8000- 420- 840 SD 26-6
45, 000
45, 000
45, 000
CITY MANAGER' SREPORT PAGE 3
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
CREATE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIRS, CIP SD -26-6, APPROVE AGREEMENT WITH V&A CONSULTING
ENGINEERS AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to Create CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Pipe Repairs, Approve Agreement with V&A Consulting Engineers and Approve Budget Amendment
B. Agreement with V&A Consulting Engineers for Crossroads Storm Drain Pump Station Outfall Pipe Repair, CIP SD 26-6
CITY MANAGER' S REPORT PAGE 4
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
CREATE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIRS, CIP SD -26-6, APPROVE AGREEMENT WITH V&A CONSULTING
ENGINEERS AND APPROVE BUDGET AMENDMENT
APPROVALS:
Senior Civil Engineer
Brad/ faylor
Public Works Director / City Engineer
Cari Ja
Financ
Date
6/ 1/ 7/ 07A7
Date
o) acl--&
Date
Thomas Hedegard Date
Deputy City Manager
Michael King
Assistant City Manager
o•2,.• Zozio
Date
LC LC
Salvador Navarrete Date
City Attorney
to • 3 .2(0
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP SD 26-6 CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE
REPAIRS, APPROVE AGREEMENT WITH V&A CONSULTING ENGINEERS AND
APPROVE BUDGET AMENDMENT
WHEREAS, the Crossroads Storm Drain Pump Station pipelines and outfall structure were constructed in 1993 to convey storm water runoff from the Crossroads commercial and industrial park to the San Joaquin River; and WHEREAS, pursuant to 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 required to conduct a thorough assessment of the pipes and headworks structure; and
WHEREAS, on March 10, 2025, Council approved an agreement with V&A Consulting Engineers Inc. (V&A), to provide services to perform a condition assessment of the Crossroads Storm Drain Pump Station Outfall and Pipelines to meet the requirements of the lease agreement; and
WHEREAS, V&A has completed the assessment and provided a report with recommendations for repairs of the 48 -inch diameter pipeline for the Crossroads Storm Drain Pump Station; and
WHEREAS, V&A has provided a proposal to provide engineering services for preparing plans, specifications and bid documents for the repair work for a cost of 39, 792; and
WHEREAS, staff recommend Council approve the creation of CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Pipe Repairs, approve an agreement with V&A Engineering for engineering design services and approve a budget amendment; and
WHEREAS, to initiate the project, staff is requesting City Council approval of a budget allocation in the amount of $ 45, 000 from the General Fund ( 1010) as follows:
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3910- 9900- 393- 0000
Increase Appropriation
3910- 8000- 420- 840
SD 26-6
SD 26-6
45, 000
45, 000
45, 000
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of CIP SD 26-6 Crossroads Storm Drain Pump Station Outfall Pipe Repairs, approve an agreement with V&A Consulting Engineers, Inc., for a cost of $ 39, 792 to provide engineering design services and approve a budget amendment as detailed above.
The foregoing resolution was passed and adopted this 8th day of June 2026, 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 B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH V&A CONSULTING ENGINEERS INC.
TO PROVIDE ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
THIS AGREEMENT, dated for convenience this 8th day of June 2026, 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 Engineering Services for the Crossroads Storm Drain Pump Station Outfall Pipe Repair, CIP SD 26-6, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Engineering 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 Engineering Services for the Crossroads Storm Drain Pump Station Outfall Pipe Repair, CIP 26-6 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 $ 39, 792 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 made based on a time and materials basis.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
3) Effective Date and Term
The effective date of this Agreement is June 8, 2026, and it shall terminate no later than June 30, 2027.
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' sprincipals 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' sproject staff prior to any change.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
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' 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' 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 ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
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.
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 ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
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 ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
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' Swork hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a
fully competent manner in accordance with the
standard of care applicable to CONSULTANT' Sprofession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
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.
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
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
ATTN: Noy Phannavong, P. E.
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 by the parties.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
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' 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)
m)
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.
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)
q)
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non - prevailing party.
CITY OF LATHROP - V&A CONSULTING ENGINEERS, INC.
TO PROVIDE ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
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 ENGINEERING SERVICES FOR THE CROSSROADS STORM DRAIN PUMP STATION OUTFALL PIPE REPAIR, CIP SD 26-6
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director/ City Engineer
Approved by:
Resolution No: 26 -
Consultant:
Brad Taylor 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
Federal ID # 94- 2995304
Lathrop Business License # NLB- 000359- 224
Signature Date
Print Name and Title
Signature Date
Print Name and Title
EXHIBIT " A "
71: V&A
V&A Project No. 25- 0445
May 19, 2026
Greg Gibson, PE
Senior Civil Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
1000 Broadway
Suite 320
Oakland, CA 94607
510. 93. 6600 Tel
510. 93. 6601 Fax
vaengineering. com
Subject: City of Lathrop - Crossroads Storm Drain Pump Station Outfall Pipe Repair Proposal for Design Services
Dear Mr. Gibson:
Thank you for requesting a proposal for the Crossroads Storm Drain Pump Station Outfall Pipe Repair Project. V&A Consulting Engineers, Inc. (V&A) is prepared to assist the City of Lathrop ( City) with the preparation of plans and technical specifications for the coating rehabilitation, steel pipe repair, and new access manway for the 48 -inch steel outfall pipe that crosses the levee at the San Joaquin River.
V&A also proposes to provide bid support and engineering services during construction.
The work is anticipated to start in June 2026. Per your request, the following is our proposal and detailed scope of work:
Scope of Work
Task I Description
1. Project Management: The objective of this task is to track and execute the project in accordance with the schedule, budget, and quality expectations that are established. This task includes monitoring project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and the quality of all project deliverables.
2. 48 -inch Outfall Pipe Repair Design: V&A will design repairs for the 48 -inch outfall pipe that crosses the San Joaquin River levee. The design will include spot repairs on the existing coal tar lining and steel pipe and the installation of a new access manway to access the steel piping on the east side of the levee. The manway will be installed on the RCP section of the outfall at approximately Station 3+00 per the as -built drawings. V&A will retain a surveyor to establish site and boundary conditions.
V&A assumes that California Environmental Quality Act (CEQA) requirements will not be required for the project. V&A will prepare up to four ( 4) plan sheets and four ( 4) technical specifications including Sections 09 60 00 Protective Coatings, 05 50 00 Metal Fabrications, 03 00 00 Concrete, and 31 00 00 Earthwork. It is anticipated that the City will provide any necessary front- ed documents to support an informal bidding process and standard specifications and details that may be required. V&A will prepare plans in AutoCAD and submit plans as PDFs. Plans and specifications will be prepared for the 90%, 100%, and Final submittals. V&A will also prepare an opinion of probable construction cost for the work contained in the plans and specifications. One round of comments will be addressed at each submittal.
3. Bidding Assistance: Provide up to 8 hours of bidding assistance and participation in conference calls, as required. Bidding assistance includes preparing conformed documents, reviewing or editing addendums, and responding to questions from potential bidders.
4. Permitting and Coordination Assistance: Provide up to 16 hours of assistance with permitting and coordination with other agencies, as needed.
Assumptions
The following is a list of additional assumptions used to develop V&A' s scope of work.
Work beyond the allocated budget amounts for Task 3 and Task 4 will require prior written authorization from the City.
The City will prepare, coordinate, and process all permits, NEPA documentation, and agreements required by other agencies and utilities including, but not limited to, California State Lands Commission, California Central Valley Flood Protection Board, California Department of Fish and Wildlife, California Regional Water Control Board, US Army Corps of Engineers, US Fish and Wildlife Service, and US National Marine Fisheries.
The City will provide a Water Pollution Control Plan.
The City will furnish front end bid documents, specifications, and standard details for an informal bid of the work.
California Environmental Quality Act ( CEQA) requirements will not be required for the project.
Groundwater level is below Elevation 3. 0 as shown on the outfall as -built drawings.
Fee Proposal
V&A proposes to complete this work on a time and materials basis at a cost not to exceed $ 39, 792 with terms of net 15 days. 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. Estimated costs for the above project scope are itemized in the attached RAE. These costs represent our best estimate at this time and may change subject to future developments during the project. It is possible that some of the estimated manpower requirements for specific task items may increase while others may not require the entire anticipated effort. This provides us a greater degree of confidence in the overall project estimate, rather than in any given particular task.
If unforeseen circumstances should arise which indicate that more time is required, V&A will provide a written estimate of additional required time and cost. V&A will not proceed with work beyond the not -to -exceed figure without written authorization from your office. Charges to this project will be made for actual time spent on the project and will be charged as per the attached RAE. We request that you carefully review this proposal to ensure a full understanding of the scope of the work.
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.
Sr. Project Manager - Condition Assessment Lead
Accepted: Date:
City of Lathrop
rIV&A I Project No. 25- 0445 I 2
V&
A
Allocation
Res
ource Estimate
JOB
NO:
0445 25-
CLIENT:
City
of
Lathrop NAM
PROJECT
E: Crossroads Storm
Drain
Outfall
Repair
Design
1000
Broadway
Suit
e
320 Oakland,
CA
94607
Task
Description
Principal -
in -
Charge
Senior ProjectManager
Associate
CAD
Project
T
otal
Labor
Subtotal
Subtotal
Engineer
Designer
Admin.
Hours
Labor
Cost
1 Project
Management
2 48 -
inch
Outfall
Pipe
Repair
Design
3 Bidding
Assistance
4 Permitting
and
Coordination
Assistance
Subtotal
Direct
Labor
Hours
Hourly Subtotal
Direct
Labor
Cost
2 9 24
32 4
4 8
8 40
8 17 $
3, 618
98 $
21, 990 $
8 $
2, 088
16 $
176 4,
2 45
44 40
8 139
347 $
306 $
216 $
176 $
108
694 $
13, 770 $
9, 504 $
7, 040 $
864
31, 872 $
Other
Direct
Costs
Unit
Cost
Units No.
of
Units
Surveying (
cost+ 10%
Subtotal
Other
Direct
Costs
1. 10
per
pro
ject
7200
GRAND
TOTAL
ESTIMATED
COST
1 V&
A
I
Project
No.
0445 25-
I
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