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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. 1 of 3 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, 2of3 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 3 of 3 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 \\ppeng com\pzdata\docs\Marketing\Proposals\2023\City of Clovis - Update of Watershed Sanitary Survey for the Enterprise Canal 23-9\Proposed Scope of Work 2023- 0324 docx 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) \\ppeng cam\pzdata\docsWlarketing\Proposals\2023\City of Clovis - Update of Watershed Sanitary Survey for the Enterprise Canal 23-9\Proposed Scope of Work 2023- 0324 docx 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 \\ppeng com\pzdata\docsWarketing\Proposals\2023\City of Clovis - Update of Watershed Sanitary Survey for the Enterprise Canal 23-9\Proposed Scope of Work 2023- 0324 docx