LIVERMORE CITY OF EMERGENCY POTABLE WATER

immediately shut off. When feasible at least 48 hours notice shall be given by the delivery agency to the receiving agency regarding any changes in volume of potable water deliveries. The supplying agency may suspend the delivery of water hereunder if it determines that water is not available for delivery, or that suspension of delivery is necessary due to its water supply operations, repairs or improvements to its system, possible endangerment of its water supply or facilities, or disasters or emergencies that may affect the supplying agency's delivery of water. Each agency shall be solely responsible for the water delivered to it hereunder from the point of connection. The receiving agency shall indemnify, defend, and hold harmless the supplying agency, its directors, officers, agents, and employees from and against any and all losses, liability, expense, claims, costs, suits, and damages, including attorneys fees, arising out of the transportation, storage, treatment, use or consumption of the water beyond the point of connection, or arising out of any interruption, suspension, adjustment, or termination of the water supply provided hereunder. 4. OPERATIONAL PROVISIONS. (a) Connection Construction. A potable water interconnection shall be constructed at the northeast corner of the El Charo Road and West Jack London Blvd. intersection. Exhibit A shows the location and layout of the City of Pleasanton/City of Livermore Water Interconnection. The City of Livermore shall include a bid item price for the City of Pleasanton/City of Livermore Water Interconnect construction work in the bid schedule for El Charro Specific Plan Infrastructure Project 2007-20. The limits of the City of Pleasanton/City of Livermore Water Interconnect bid item work are shown in Exhibit A. The City of Pleasanton shall pay the City of Livermore 50% of the bid item price for the City of Pleasanton/City of Page 3 of 6 T:\Capital Improvement Projects\_Conant CIP Projects\199469 Emergency Water interconnections\Uesign\kel Waxdeck\DSRSD and Pleas:alon Emergency Intercon.eetiE nergency Water Stylus Agna-City of Uveanmro and Pleasanton with Pleasanton Edits 5-24-1 I.docx Agreement with City of Livermore