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HomeMy WebLinkAboutAgreement A-22-014 Cost Share Agreement for Consultant Services.pdfv. 20211104 – FINAL Page 1 of 10 Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies COST SHARE AGREEMENT FOR CONSULTANT SERVICES RELATED TO BIG DRY CREEK TECHNICAL STUDIES This COST SHARE AGREEMENT FOR CONSULTANT SERVICES RELATED TO BIG DRY CREEK TECHNICAL STUDIES (Agreement) is made and entered into this _____ day of _______________, 2022, by and between the Fresno Irrigation District (FID), the County of Fresno (COUNTY), the City of Fresno (CITY), and the City of Clovis (CLOVIS), each a “Party” and collectively the “Parties.” RECITALS A.Whereas, the Big Dry Creek Dam and Reservoir (“the Dam”) are existing flood control structures located in the COUNTY, near CLOVIS, operated by the Fresno Metropolitan Flood Control District (FMFCD); and B.Whereas, United States Army Corps of Engineers (CORPS) constructed the Dam in 1948, and must issue a permit for any repair, rehabilitation, replacement or fill of the Dam; and C.Whereas, the CORPS requires technical studies of the Dam to decide whether water storage or groundwater recharge operations differing from the currently- permitted activities may be completed; and D.Whereas, the Parties desire to contract with the United States Army Corps of Engineers and other entities to complete certain technical studies (Studies) (set forth in attached Exhibit A, which includes two letters from Ronald J. Samuelian, RCE 59208, of Provost & Pritchard Consulting Group, dated July 15, 2021, to Bill Stretch, c/o the Stream Group, with the subjects “Proposal for Schematic Design of Big Dry Creek Channel Improvements Downstream of Big Dry Creek Reservoir” and “Consulting Services to Evaluate Possible Supplies and Benefits of Turnout from Friant Kern Canal to Big Dry Creek”) assessing the effects and feasibility of Big Dry Creek Channel improvements downstream of the Big Dry Creek Reservoir and Dam and evaluation of possible supplies and benefits of a turnout from the Friant Kern Canal to Big Dry Creek; and E.Whereas, to improve access to a regional water supply and increase groundwater recharge capacity in Fresno County, with this AGREEMENT the Parties desire to enter into a cost sharing arrangement to pay for the Studies needed for the Projects; and F.Whereas, the Parties and FMFCD have met with Provost & Pritchard Consulting Group (Consultant) and the Parties desire to hire Consultant to complete technical studies (set forth in Exhibit A). FID will retain Consultant to complete the technical studies set forth in Exhibit A NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein and these Recitals, which are hereby incorporated by reference, it is agreed between the Parties as follows: 21-1133 Agreement No. 22-014 4th January Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies v. 20211104 – FINAL Page 2 of 10 1. Definitions. As used in this Agreement, unless the context requires otherwise, the meaning of the terms hereinafter set forth shall be as follows: A. “Contribution” shall mean each Party’s financial contribution to the Studies, exclusive of staff time necessary for a Party to participate in the Studies, as provided in this Agreement. Contributions shall be transferred to FID in accordance with Section 3 of this Agreement. B. “Effective Date” shall mean the date on which the last Party signs this Agreement, according to the dates set forth under each Party’s signature on this Agreement. C. “Fiscal Year” shall mean that period of twelve (12) months established as the Fiscal Year of the FID, which begins each January 1 and ends the following December 31. D. “Party” shall mean any of the signatories to this Agreement and “Parties” shall mean all of the signatories to this Agreement. 2. Purpose. This Agreement is entered into with the purpose and intent of establishing the cost share arrangement for the Studies that will be providing a schematic design of Big Dry Creek Channel improvements downstream of the Dam and the feasibility of a new turnout on the Friant Kern Canal based on an evaluation of the frequency and timing of water supplies for recharge and the estimated groundwater recharge potential. Each Party will be responsible for adhering to the terms of this Agreement and for timely payment of Contributions that are approved by its respective governing body in compliance with this Agreement. The Parties shall maintain complete control and autonomy over any surface water and groundwater supply assets to which they are legally and individually entitled, and make no commitments by entering into this Agreement to share or otherwise contribute their water supply assets. 3. Financial Provisions 3.01 Budget. The budget for the Studies is set forth in the attached Exhibit B. These funds will serve to complete the Studies as set forth in Exhibit A. Any subsequent budget amendments must be approved by amendment under Section 8 of this Agreement by each Party’s governing body. 3.02 Contributions and Cost Sharing. The Contributions of the FID, COUNTY, CITY, and CLOVIS for the Studies shall be as shown below: Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies v. 20211104 – FINAL Page 3 of 10 Project Contribution FID County City Clovis Big Dry Creek Channel Improvements 1/3 1/3 1/3 Friant Kern Canal Turnout to Big Dry Creek 1/3 1/3 1/3 FMFCD shall not make a Contribution; its role will be as liaison with the CORPS regarding the Studies. All Contributions adopted by this Agreement, as may be amended, shall be paid to the FID as set forth in Exhibit B; provided, that no Party shall be obligated to make any such payment unless and until such Party’s governing body has approved and appropriated the funds necessary to make such payment. The Contributions may be adjusted by the remaining Parties in the event of withdrawal of a Party, or by all Parties immediately prior to the addition of a Party, by amendment under section 8 of this Agreement. FID shall invoice CLOVIS, the CITY and the COUNTY monthly at the addresses specified in Section 12 below, for their respective portions of the cost, up to the maximum amounts provided in Exhibit B. FID shall submit each invoice within 60 days after the month in which the Consultant performs services on the Studies. Each invoice will include copies of pertinent Consultant invoices for each billing period. 4. State Audit Requirements If the compensation to be paid by any public entity under this Agreement exceeds $10,000, each Party subject to Government Code section 8546.7, shall be subject to the examination and audit of the California State Auditor for a period of three years after final payment under this Agreement. This section survives the termination of this Agreement. 5. Relationship of the Parties; Indemnification. No Party has the power to obligate any other Party hereof and no Party debt, liability or obligation due any third party may be asserted or collected against any other Party, or any individual Party as a result of participation in this Agreement by and among the Parties. Each Party shall indemnify, defend, and save harmless the other Parties, their officers, agents, directors, and employees, from and against any and all claims and losses whatsoever, occurring or resulting to persons, firms, or entities furnishing or supplying work, services, labor, materials or supplies in connection with the performance of this Agreement, and, except as expressly provided for by law, from any and all claims and losses accruing or resulting to any persons, firm or entity, for damage, injury, death arising out of our connected with performance Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies v. 20211104 – FINAL Page 4 of 10 6. Admission, Withdrawal, and Reinstatement of Parties. 6.01 Upon unanimous agreement of the Parties, additional entities may participate in this Agreement by entering into a separate agreement with the Parties in the form of an addendum to this Agreement. Any entity becoming a Party shall agree to be bound to the terms of this as if they had been an original signatory to this Agreement. 6.02 Notwithstanding anything herein to the contrary, any Party may withdraw from this Agreement by giving sixty (60) days written notice of its election to do so, which notice shall be given to each of the other Parties; provided, that such withdrawal does not in any way impair any contracts, resolutions, indentures or other obligations of any Party that are expressly dependent upon this Agreement, and for which that Party has given prior written notice to the other Parties of such dependence, and that are then in effect (Collateral Obligations). In the event of a disagreement between the withdrawing Party and the other Parties as to whether such withdrawal causes the impairment of any Collateral Obligations, such determination requires unanimous agreement by the non- withdrawing Parties memorialized in a signed writing. Any Party that withdraws and later seeks to participate in this Agreement shall be responsible for its financial obligations, proportionate to its Contribution as provided in section 3.02 of this Agreement, as if it had never left. 7. Term. This Agreement shall become effective upon the Effective Date and shall continue in existence until all Studies are complete, meaning all studies set forth in Exhibit A have been completed, which occurs upon written acceptance by all Parties of a final report or other deliverable from each of the Studies; unless earlier terminated by agreement of the Parties or there ceases to be at least two parties to this Agreement, at which time this Agreement shall be automatically terminated. 8. Amendments. This Agreement may be amended from time to time by written agreement of all Parties. 9. Severability and Validity of Agreement. If the participation of any Party to this Agreement, or any part, term or provision of this Agreement is decided by a court of competent jurisdiction to be illegal, in excess of a Party’s authority, in conflict with any law of the State of California, or otherwise unenforceable or ineffectual, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby and each Party, or each remaining Party, hereby agrees it would have entered into this Agreement upon the same terms as provided herein as if the excluded Party had not been party to in this Agreement, or as if the part, term or provision had not been included in this Agreement, as applicable. Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies v. 20211104 – FINAL Page 5 of 10 10. Assignment. Except as otherwise provided in this Agreement, the rights and duties of the Parties to this Agreement may not be assigned or delegated without the approval of the other Parties to the Agreement. Any attempt to assign or delegate such rights or duties in contravention of this section shall be null and void. This section does not prohibit a Party from entering into an independent agreement with another agency regarding the financing of that Party’s contributions to the Agreement so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Parties under this Agreement. 11. Execution In Parts Or Counterparts. This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the Parties hereto. 12. Notices. Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours to the addresses specified below: For FID: For Fresno: Bill Stretch Michael Carbajal General Manager Director of Public Utilities Fresno Irrigation District City of Fresno, Public Utilities 2907 S. Maple Ave Department Fresno, CA 93725 2600 Fresno Street, Room 4019 Fresno, CA 93721 For Clovis: For County: Scott Redelfs Steve White Public Utilities Director Director of Public Works and City of Clovis Planning 155 Sunnyside Avenue County of Fresno Clovis, CA 93611 2220 Tulare Street, 6th Floor Fresno CA 93721 13. Governing Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, excluding any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies v. 20211104 – FINAL Page 6 of 10 be Fresno County, California. The Parties to this Agreement hereby expressly waive any right to remove any action to a county other than Fresno County as permitted pursuant to California Code of Civil Procedure Section 394. 14.Attorney Fees. If any Party commences any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing Party in such proceeding or action shall be entitled to recover from the other Party(s) its reasonable attorney’s fees and legal expenses. 15.Representation on Authority of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. // Cost-Share Agreement-Technical Studies Big Dry Creek Reservoir Studies IN WITNESS WHEREOF , the Parties hereto , pursuant to resolutions duly and regularly adopted by their respective governing boards , have caused their names to be affixed by their proper and respective officers as of the day and year provided below. CITY OF FRESNO By :---------- Thomas C . Esqueda, City Manager Date: ------------ APPROVED AS TO FORM : DOUGLAS SLOAN City Attorney , City of Fresno By :---------- Jennifer M. Quintanilla , Senior Deputy City Attorney ATTEST: BRIANNA PARRA, CMC Interim City Clerk , City of Fresno By :---------- Deputy Date CITY OF CLOVIS By :---------- Name : Scott Redelfs Title : Public Utilities Director Date: --------- v . 202 11104 -FIN AL COUNTY OF FRESNO By : _{L_Jil_ __ _ Brian Pacheco , Chairman Board of Supervisors Date: ATTEST : BERNICE E. SEIDEL , Clerk Board of Supervisors FRESNO IRRIGATION DISTRICT By :---------- Name : _Bill Stretch T itle : General Manager Date : _________ _ FOR ACCOUNTING USE ONLY ORG NO . 43600300 ACCOUNT NO. 7295 FUND NO . 0001 SUBCLASS NO. 10000 Page 7 of 10 Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies v. 20211104 – FINAL Page 8 of 10 Acknowledgement of Agreement The Fresno Metropolitan Flood Control District recognizes that it is not a party to, and has no rights or obligations under, the Cost Share Agreement for Consultant Services related to Big Dry Creek Technical Studies above, but acknowledges said agreement by its signature below: FRESNO METROPOLITAN FLOOD CONTROL DISTRICT By: Name: Title: Date: ________________________ Attachments: Exhibit A: Big Dry Creek Reservoir Technical Studies Exhibit B: Budget and Cost-Share Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies v. 20211104 – FINAL Page 9 of 10 EXHIBIT A Big Dry Creek Reservoir Technical Studies Cost-Share Agreement – Technical Studies Big Dry Creek Reservoir Studies v. 20211104 – FINAL Page 10 of 10 EXHIBIT B Budget and Cost Share Schematic Design of Big Dry Creek Channel Improvements Downstream of Big Dry Creek Reservoir As shown in EXHIBIT A, the total project cost for the schematic design of Big Dry Creek Channel Improvements downstream of Big Dry Creek Reservoir is $59,600. FID, CITY and CLOVIS shall each pay 33 percent (33%) of the total project cost as shown in the table below: Party Percentage Contribution FID 33 $19,867.00 CITY 33 $19,867.00 CLOVIS 33 $19.866.00 TOTAL 100 $59,600.00 Evaluate Possible Supplies and Benefits of Turnout from Friant Kern Canal to Big Dry Creek As shown in EXHIBIT A, the total project cost to evaluate possible supplies and benefits of a turnout from the Friant Kern Canal to the Big Dry Creek is $27,000. FID, COUNTY and CLOVIS shall each pay 33 percent (33%) of the total project cost as shown in the table below: Party Percentage Contribution FID 33 $9,000.00 COUNTY 33 $9,000.00 CLOVIS 33 $9.000.00 TOTAL 100 $27,000.00 455 W. Fir Avenue Clovis, CA 93611 Tel: (559) 326-1100 Fax: (559) 326-1090 www.ppeng.com Engineering  Surveying  Planning  Environmental  GIS  Construction Services  Hydrogeology  Consulting Fresno  Bakersfield  Visalia  Clovis  Modesto  Los Banos  Chico  Merced  Sacramento July 15, 2021 Bill Stretch, c/o the Stream Group Fresno Irrigation District 2907 S. Maple Avenue Fresno, CA 93725-2228 Subject: Consulting Services to Evaluate Possible Supplies and Benefits of Turnout from Friant Kern Canal to Big Dry Creek Dear Bill, Thank you for the opportunity to submit this proposal to provide consulting services to evaluate the basin needs of the District. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds. Project Understanding The Fresno Irrigation District, City of Clovis and County of Fresno would like to better understand the potential benefits of constructing a turnout from the Friant Kern Canal to divert water into Big Dry Creek for recharge purposes. The County of Fresno and City of Clovis believe routing water within Big Dry Creek channel will provide needed recharge benefit to the local aquifer that both depend upon for water supply. A primary concern is the timing of the availability of water from the Friant Kern Canal in comparison to runoff from Big Dry Creek and the water level in BDC Reservoir. This scope of work will develop a method for analyzing the frequency and timing of available supplies for recharge and estimate the recharge potential based on some general assumptions. Scope of Services Phase SUP – Water Supply Availability Analysis This task includes an estimation of the timing and frequency of available surface water supply that could be diverted from the Friant Kern Canal into Big Dry Creek. Data will be collected from the FMFCD for Big Dry Creek daily inflows and water levels in the reservoir. Data will also be collected from the Friant Water Authority and USBR for Friant Kern Canal flows and supply availability. For estimating purposes, the availability of FID Friant supply will be considered, but City of Fresno Friant supply will not be considered. Additional supplies from Garfield or other potential Friant contractor partners are not included in this preliminary analysis. A table will be developed to compare the timing of water availability from the Friant Kern Canal with BDC inflows and water levels in the BDC reservoir. Data from the 2017 and 2019 water years will be analyzed. Assumptions will be determined for the estimated recharge potential for Fresno Irrigation District July 15, 2021 Page 2 of 3 G:\Fresno ID - 1038\_On-Going\370-Big Dry Creek and Eastside Streams\FKC Turnout to BDC\FKC to BDC Turnout Proposal 20210706.docx use of the creek channel within the BDC Reservoir recharge. For this analysis, it is assumed that the reservoir will need to be empty or near empty for recharge use within the creek channel. The recharge potential of the creek channel will be compared to the availability of supply during the years analyzed to estimate the potential recharge. The draft memo will be prepared and reviewed with the agencies, then revised and finalized based on comments from the agencies. Professional Fees Provost & Pritchard Consulting Group will perform the services in this Scope on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. For budgeting purposes, our preliminary estimate is shown in the table below. These fees will be invoiced monthly to FID monthly as they are accrued, and it is assumed that FID will bill the other agencies based on an agreed upon cost-share that is yet to be confirmed. Reimbursable expenses will be invoiced in additional to professional fees and are included. If it appears we will exceed the budget, we will notify you in writing before we do so, and will provide a revised estimate. We will not continue work beyond the initial budget without additional authorization. Proposed Fee Phase Name Estimated Fee SUP Water Supply Availability Analysis $27,000 If the scope changes materially from that described above, as a result of any agency’s decision or because of changes requested, we will prepare a revised estimate of our fees for your approval before we proceed. Schedule Once we receive an executed copy of this Proposal, we can begin the work immediately. The anticipated schedule is 2 months, subject to data availability. Assumptions •No infiltration rate assessment of the creek channel is included in this scope of work. If the water supply assessment shows opportunity, soil borings or percolation testing may be recommended as a future assessment •Existing Friant Kern Canal data and eastside stream data will be available Terms and Conditions This work will be subject to the terms of the existing Consulting Services Agreement. If this proposal is acceptable, please sign and return a copy of this proposal to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days. Sincerely, Provost & Pritchard Consulting Group Ronald J. Samuelian, RCE 59208 Principal Engineer Fresno Irrigation District July 15, 2021 Page 3 of 3 G:\Fresno ID - 1038\_On-Going\370-Big Dry Creek and Eastside Streams\FKC Turnout to BDC\FKC to BDC Turnout Proposal 20210706.docx Terms and Conditions Accepted By FRESNO IRRIGATIION DISTRICT Signature Printed Name Title Date