HomeMy WebLinkAboutCity of Clovis - Agreement - 09.14.23Kings River Watershed and Enterprise Canal Sanitary Survey Agreement
AGREEMENT
FOR FUNDING OF A SANITARY SURVEY UPDATE
This Agreement is made and entered into this day of ail
2023, the effective date, by and between the CITY OF FRESNO, a municipal corporation
(FRESNO), and the CITY OF CLOVIS, a municipal corporation (CLOVIS).
RECITALS
WHEREAS, 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, FRESNO and CLOVIS both have surface water treatment plants
which utilize the Enterprise Canal as the source of water for these plants and therefore
are each responsible to update the sanitary survey documents; and
WHEREAS, a sanitary survey of the Kings River Watershed and the possible
contaminants of the Enterprise Canal was conducted in 1998 and 2002, updated in 2008,
2013, and 2018, and the Division of Drinking Water requires that the survey documents
be updated every five years; and
WHEREAS, CLOVIS and FRESNO have previously shared the costs of prior
sanitary surveys and recognize the benefits to be derived for the residents of each
jurisdiction by sharing in the cost of preparing the necessary update to the sanitary survey
documents; and
WHEREAS, a proposal dated March 24, 2023, from Provost & Pritchard to CLOVIS
to prepare the update to the Enterprise Canal watershed sanitary survey is attached
hereto as Exhibit A and incorporated herein by reference.
NOW, THEREFORE, in consideration of the foregoing recitals, it is mutually
agreed that:
CLOVIS shall contract with Provost & Pritchard (P&P) 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 P&P's expenses
to prepare said sanitary survey documents as provided in Exhibit A for Task
1 and Task 3, and shall reimburse CLOVIS 100.00% of the cost of P&P's
expenses for Task 2.
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3. The estimated total cost of the work to be provided by P&P, including a ten -
percent (10.0%) contingency, for Tasks 1 and 3 is $27,500. FRESNO's
proportionate estimated share for Tasks 1 arid 3 is $18,334.25. The
estimated total cost of the work to be provided by P&P, including a ten -
percent (10.0%) contingency, for Task 2 is $4,400. FRESNO's estimated
share for Task 2 is $4,400. Fresno's total estimated share of the cost of the
work for Tasks 1, 2, and 3 is $22,734.25. If the cost for the work exceeds
110% of the estimated cost provided herein, CLOVIS agrees to meet with
FRESNO, prior to proceeding, to discuss needed scope changes or
additional funding. If the City of Fresno's total estimated share of the cost
of the work exceeds $50,000, City Council approval will be required.
4. CLOVIS shall provide an invoice to FRESNO for its proportionate share and
FRESNO shall pay said invoice within thirty (30) days of billing.
5. Indemnification.
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, 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 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.
In 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,
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fines, penalties, 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.
Executed by the FRESNO and CLOVIS hereto to be effective the day and year first
hereinbefore written.
CITY OF CLOVIS, CITY OF FRESNO,
a California municipal corporation a California municipal corporation
By: - By:
ri'i�folt Brock D. Buche, PE, PLS
City Manager Director
Department of Public Utilities
APPROVED AS TO FORM
APPROVED AS TO FORM:
ANDREW JANZ
/ City Attorney
By: GCS 3 B
Scott G. Cross Date Y.�
J nifer M. Quintanilla Date
City Attorney Senior Deputy City Attorney
ATTEST:
ATTEST:
TODD STERMER, CMC
. f 7
Otyy
C Date Deputy Date
le it
Exhibit A — Provost & Pritchard March 24, 2023 Proposal
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DocuSign Envelope ID: B8A448D4-CE9A-4C9B-BE15-EE915F4EB750
EXHIBIT A
PROVOST&
PRITCHARD
An Employee Owned Company
March 24, 2023
Paul Armendariz
City of Clovis
Public Utilities Department
155 N Sunnyside Ave
Clovis, CA 93612
455 W Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
Subject: Cities of Clovis and Fresno Update of Watershed Sanitary Survey for the
Enterprise Canal
Dear Mr. Armendariz:
Provost and Pritchard Consulting Group ("P&P") is very pleased to submit this proposal to the
City of Clovis for services to provide an update of the watershed sanitary survey for the Enterprise
Canal.
Project Understanding
The Cities of Clovis and Fresno are required to update the Watershed Sanitary Survey (WSS) for
the Enterprise Canal and Kings River Watershed every five years. In keeping with prior year
surveys, the survey update will focus on changes along FID's canal system, and will not include
survey of the Kings River watershed or sections of the Kings River from Pineflat Dam to FID's
canal headgates. This practice has been acceptable to California Water Boards Division of
Drinking Water (DDW) in prior updates. Provost & Pritchard Engineering Group, Inc. performed
an update in 2018, and another update is now required. The cities will be discussing survey of
the upper watershed with DDW, and will determine if additional work outside of this scope is
needed. The following scope of work has been prepared to complete the required work.
Task 1 — Possible Contaminant Assessment Survey (Gould/Enterprise):
Similar to the last update, it is believed that there have not been significant changes along the
canals. DDW requires field inspection of the entire canal to provide an update of which potential
contaminants have been removed, and if there are any new potential contaminants. P&P will
perform a complete survey of the Enterprise Canal from the City of Fresno Surface Water
Treatment Plant to the Gould Canal, and then upstream along the Gould Canal to the Kings River.
These are the same segments surveyed in 2018. P&P will utilize GIS software to update the data
included in the last report. P&P will prepare updated versions of the maps included in the last
report, indicating which items no longer exist, and the location of any new items. It is assumed
that the same items of concern surveyed during the last report will be considered. These items
will include:
• Debris piles along the canal
• Fenced and non -fenced pastureland adjacent to the canal
• Discharge pipes, including backflush, tailwater, runoff and non -operational
■ Storage tanks along the canal banks
• Buildings and other miscellaneous items
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Engineering • Surveying • Structural • Geostructural • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting
Clovis • Bakersfield • Visalia • Modesto • Los Banos Chico • Sacramento • Sonora • San Luis Obispo • Boise, Idaho
DocuSign Envelope ID: B8A448D4-CE9A-4C9B-BE15-EE915F4EB750
City of Clovis March 24, 2023
Update of Watershed Sanitary Survey for the Enterprise Canal Page 2 of 3
Proposal No. 23-9
• Pipe crossings
• Street runoff locations
• Land use adjacent to the canal
• Locations of sheet flow runoff
• Evidence of livestock access
Similar to the last report, the data will be collected in using GPS equipment, and stored in a GIS
that will be made available to the cities and FID for record keeping purposes. It is assumed that
the City will provide a staff person and vehicle to drive P&P's staff person along the canal for the
duration of the survey.
This task will be billed on a lump sum basis. A budget of $15,000 has been estimated for this
task.
Task 2 — Possible Contaminant Assessment Survey (Fresno Canal for City of Fresno):
Work similar to that described in Task 1 will be performed for an additional section of the FID's
Fresno Canal from the Kings River to the City of Fresno's turnout for their Kings River Pipeline
(KRP). The same level of survey described in Task 1 will be performed under this task for this
segment of the Fresno Canal. This task will be billed on a lump sum basis. A budget of $4,000
has been estimated for this task. This task is included for the City of Fresno and will be included
in their portion of the agreed upon cost split for the work.
Task 3 - Watershed Sanitary Survey Update:
P&P will prepare an updated report summarizing the findings in Task 1. As required by CDPH,
the update will also include discussion of any additional changes in the upper Kings River
watershed (areas not adjacent to the Gould or Enterprise Canals). To research any watershed
changes that may introduce contaminants, P&P will contact the Kings River Water Association,
Kings River Conservation District and County of Fresno to solicit input on possible changes that
should be noted in the upper watershed. Additional work in the upper watershed is being
considered but is not included in this scope of work.
P&P will produce a GIS map book in the same format as the last report with updated survey
information.
This task will be billed on a lump sum basis. A budget of $10,000 has been estimated for this
task.
Items required from client:
1) Access to the sites for field review and survey
2) Staff person and vehicle to drive P&P staff person during field survey
Deliverables:
A. Summary Report (PDF)
B. GIS data from Task 2 (Geodatabase)
C. Map book of Canal and Surveyed Items (PDF)
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DocuSign Envelope ID: B8A448D4-CE9A-4C9B-BE15-EE915F4EB750
City of Clovis March 24, 2023
Update of Watershed Sanitary Survey for the Enterprise Canal Page 3 of 3
Proposal No. 23-9
Schedule:
P&P is available to begin the project in March, however actual start time may be limited to the
drivability of the levee road and current weather conditions. From our prior experience, the work
can be completed while the canal is flowing water.
Terms and Conditions:
Work on this project will be initiated under the terms and conditions of our ongoing consulting
services contract with the City. Tasks 1-3 will be billed under one phase to the City of Clovis, and
it is our understanding that Clovis will seek reimbursement from the City of Fresno based on an
agreed upon cost split. Please contact me as soon as possible, if you have any questions or
clarifications regarding this work.
Respectfully,
DocuSigned by:
ar�t `iiarripson
GIS Specialist
Terms and Conditions Accepted:
By City of Clovis
�A
Sjg rt atu re
r'
Paul Armendariz
Printed Name
'So S -3
Date
VocuSigfied by,
Gav° n'bTeary
Director of Operations
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