R2026-70 Resolution Authorizing an Intergovernmental Agreement Between the City of Decatur and the Sanitary District of Decatur for the Brush College Road Lift Station Force Main City Project 2020-06

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3. The City's force main design will incorporate a branch off of the force main into the Damon Ave pump station to assist with resiliency of the overall sewage conveyance system. Upon completion of the Project, the City shall own, operate, and maintain the Brush College pump station and the force main from the Brush College pump station up to and including the force main branch to the Damon Avenue pump station. Ownership of the upgraded force main downstream of the branch shall be automatically conveyed to the District upon completion of the Project, along with the responsibility to own, operate, and maintain the valving in,around, and upon the Damon Ave pump station property and the downstream force main.. 4. Prior to beginning any work on the Project, the City will submit to the District for the District's review and approval all engineering, design plans and specifications related to the Project.All work performed and all materials obtained for the Project shall be in compliance with the engineering, design plans and specifications approved by the District. 5. The City shall indemnify, defend, and hold harmless the District from and against all claims, expenses, costs (including, without limitation, reasonable attorneys' fees), liabilities, losses, and damages to the extent caused by a breach of this Agreement by, or the negligence of, the City. The District shall indemnify, defend, and hold harmless the City from and against all claims, expenses, costs (including, without limitation, reasonable attorneys' fees), liabilities, losses, and damages to the extent caused by a breach of this Agreement by, or the negligence of, the District. 6. This Agreement constitutes the parties'entire agreement with respect to the subject matter hereof and shall supersede any prior or contemporaneous arrangements as to such subject matter. The recitals on the first page of this Agreement are incorporated herein by this reference. Any amendment or modification of this Agreement shall be null and void unless it is in writing and signed by the parties hereto. 7. This Agreement may be executed in one or more counterparts and delivered electronically, by facsimile or other electronic means, each of which shall be deemed to be an original, but all of which shall be considered one and the same instrument. 8. The City's assignment of this Agreement,or any right or obligation hereunder, shall be null and void unless the District provides its prior written consent.