HomeMy WebLinkAboutCity of Clovis - Kings River Watershed and Enterprise Canal Sanitary Survey Agreement 10/7/2013-OJq
z.oa-Ul o)
u-()Oø
-l- q.'
OO
(J
Kings River Watershed and Enterprise Canal Sanitary Survey Agreement
AGREEMENT
FOR FUNDING OF A SANITARY SURVEY UPDATE
d belween the CITY
FRESNO, a municipal corporation, hereinafter called 'FRESNO" and
CITY OF CLOVIS, a municipal corporation, hereinafter called "CLOVIS'
RECITALS
WHEREAS, the Cities of FRESNO and CLOVIS are municipal
corporations in the State of California incorporated under the laws of said
State with FRESNO being a Charter City and CLOVIS functioning under the
general laws thereof; and
WHEREAS, a sanitary survey of the Kings River Watershed and the
possible contaminants of the Enterprise Canal Documents were conducted in
1998, 2002 and 2008, and the Department of Public Health requires that
these Documents be updated every five years; and
WHEREAS, FRESNO and CLOVIS both have surface water treatment
plants which utilize the Enterprise Canal as the source of the water for these
plants and therefore are each responsible to update these Documents; and
WHEREAS, the Cities of CLOVIS and FRESNO recognize the
benefits to be derived for the residents of each jurisdiction by sharing in the
cost of preparing the update to these Documents;
NOW, THEREFORE, in consideration of the foregoing recitals, which
recitals are contractual in nature, the mutual promises contained, and for
other good and valuable considerations hereby acknowledge it is mutually
agreed that:
1. CLOVIS shall contract with a consulting engineer to prepare the
update to the sanitary survey documents and CLOVIS shall
provide FRESNO with a copy of said documents.
2. FRESNO shall reimburse CLOVIS 66.67% of the cost of the
consulting engineer's expenses to prepare said sanitary survey
documents.
3. The estimated total cost of the work to be provided by the
consulting engineer including a ten-percent contingency is
$27,500. FRESNO's proportionate estimated share is $18,333.
fuge f of:
of
OF
the
4.
5.
lf the cost for the work exceeds 1 10/" of the estimated cost,
CLOVIS agrees to meet with FRESNO, prior to proceeding, to
discuss needed scope changes or additional funding.
CLOVIS shall provide
proportionate share and
30 days of billing.
lndemnification
an invoice to FRESNO for its
FRESNO shall pay said invoice within
CLOVIS shall indemnify, hold harmless and defend FRESNO
and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or
strict liability, including but not limited to personal injury, death
at any time and property damage) incurred by the FRESNO,
CLOVIS or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees
and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional acts or
omissions of CLOVIS or any of its officers, officials, employees,
agents or volunteers in the performance of this Agreement;
provided nothing herein shall constitute a waiver by CLOVIS of
governmental immunities including California Government
Code Section 810 et seq.
FRESNO shall indemnify, hold harmless and defend CLOVIS
and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties,
fodeitures, costs and damages (whether in contract, tort or
strict liability, including but not limited to personal injury, death
at any time and property damage) incurred by FRESNO,
CLOVIS or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees
and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional acts or
omissions of FRESNO or any of its officers, officials,
employees, agents or volunteers in the performance of this
Agreement; provided nothing herein shall constitute a waiver by
FRESNO of governmental immunities including California
Government Code Section 810 et seq.
ln the event of concurrent negligence on the part of CLOVIS or
any of its officers, officials, employees, agents or volunteers,
and FRESNO or any of its officers, officials, employees, agents
or volunteers, the liability for any and all such claims, demands
and actions in law or equity for such losses, fines, penalties,
Page2 of 3
forfeitures, costs and damages shall be apportioned under the
State of California's theory of comparative negligence as
presently established or as may be modified hereafter.
This section shall survive termination or expiration of this
Agreement.
as of the day and year first hereinbeforeExecuted by the Cities hereto
written.
ATTEST:
ATTEST:
Yvonne Spence
CITY OF CLOVIS
A Municipal Corporation
By:
Clovis City Manager
APPROVED AS TO FORM:
ey, /--' J //
David J. Wolfe
Clovis City Attorney
CITY OF FRESNO
A Municipal Corporation
By:
Patrick N. Wiemiller
Director of Public Utilities
APPROVED AS TO FORM:
Douglas T. Sloan
Fresno City Attorney
By:
lerk, City of Clovis
Page 3 of 3
Deputy City Attorney