HomeMy WebLinkAboutGARDEN GROVE, CITY OF (4)INSURANCE NOT �~^ ~~°��~~ Ar2018~111
WORK MAY CLERK OFPROCEED
@'w�
^`\IA COOPERATIVE COST REIMBURSEMENT AGREEMENT
v*uu**
WESTMINSTER BOULEVARD (HARBOR BLVD. TO FAIRVIEW ST.) STREET REHABILITATION
PROJECT
COOPERATIVE entered into
this 1D day of 2O18,bvand between the CITY OFSANTA ANA, aCalifornia
charter city ("Santa Ana"), land the CITY OF GARDEN GROVE, a California municipal corporation
("Garden Grove"). |nthis Agreement, Santa Ana and Garden Grove may each b8individually referred
t0@sa"Podo"and collectively referred toas the "Parties."
RECITALS:
VVHEREAS, Santa Ana has initiated 8 street rehabilitation project(the "Project") to improve
the pavement condition of Westminster Blvd. from Harbor Blvd, to Fairview St; and
WHEREAS, Westminster Boulevard within the Project limits contain a portion of property within
Santa Ana and a portion of the street within the boundary of Garden Grove; and
WHEREAS, In an effort to efficiently utilize Garden Grove resources, Garden Grove wishes to
improve the portion of Westminster Boulevard within its boundary at the same time the Santa Ana
Westminster Boulevard Project istAnduxt8d;8nd
WHEREAS, the P8dieV Jeoiom to repave VVoo\minote/ Boulevard, within their respective
boundaries, aopart ofthe "Project",
N{)VV' THEREFORE, based upon the foregoing Recitals, and for good and Va|V8b|e
consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree
as follows:
1 . The City of Santa Ana will advertise for bids, hire a contractor, approve the work and administer the
contract for street rehabilitation.
2,Garden Grove iSresponsible for:
(a) Garden Grove shall pay Santa Ana for the actual cost ufthe work within the Garden
Grove portion based upon unit prices bid ufthe Successful Contractor and quantities
actually used 0xthe Garden Grove portion 8sset forth inthe Project Locati0xM8p
(Exhibit A) and the City Cost Sharing (Exhibit B), attached hereto and incorporated by
this reference, Estimated costs are included in Exhibit B. Garden Grove will remit
payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Project
work performed within Garden Grove city boundary.
(b) Garden Grove shall pay Santa Ana for the actual cost of design engineering and
construction engineering a*n/ioan provided for the work within the Garden Grove
portion based upon the time spent by Santa Ana staff. Garden Grove will ,emit
payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Project
work performed within Garden Grove city boundary.
J, Garden Grove will coordinate the relocation ofall affected utility company facilities within the City
limits ofGarden Grove inotimely manner.
4. Santa Ana and Garden Grove shall extend cooperation to each other and proceed under this
Agreement in good faith to facilitate timely completion of the Project. The Parties agree that when any
component of this Project is subject to the approval of Garden Grove, such approval shall not be
unreasonably withheld.
5. Garden Grove will be notified as to the official advertising dates, bid opening date, construction start
date, and overall construction schedule. Also, a representative from Garden Grove will be invited to
attend pre -construction, Project status, and final walk through meetings.
6. Change orders for work within Garden Grove must receive the written approval of the Public Works
Department Engineering Manager of Garden Grove or his/her designee prior to implementation.
Garden Grove is responsible for change order cost within Garden Grove respective boundaries.
7. The following staff members, or as otherwise designated in writing by the Executive Director of
Public Works of Santa Ana or the Public Works Department Engineering Manager of Garden Grove,
shall be the selected representatives of each City to act on each respective City's behalf with respect
to this agreement. Any notices, requests, approvals, plan submittals or communications shall be
provided to each representative noted below:
City of Santa Ana:
ATTN: Edwin "William" Galvez,
City Engineer
Public Works Agency
Santa Ana, CA 92701
20 Civic Center Plaza, M-21
Phone: (714) 647-5653
E -Mail: wgalvez@santa-ana.org
City of Garden Grove:
P. E. ATTN: Dan Candelaria, P.E.,TE
City Engineer
Public Works Department
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714) 741-5185
E -Mail: danc@ci.garden-grove.ca.us
8. Santa Ana shall cause its contractor for the Project to guarantee the Garden Grove improvements
against defects in workmanship and materials for a period of one (1) year from the date of acceptance
by Santa Ana. It is further agreed that Santa Ana shall assume the responsibility for causing the
Garden Grove improvements to be brought or restored to full compliance with the requirements of the
Plans and Specifications for any portion of the Project which during said one (1) year period are found
not to be in conformance with the provisions of the Plans and Specifications.
9. The City of Santa Ana shall have its contractor provide insurance as follows:
9.1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance for the duration
of this Agreement:
(a) Commercial general liability in the amount of $1,000,000 per occurrence; (claims
made and modified occurrence policies are not acceptable); Insurance companies
must be acceptable to City and have an AM Best's Guide Rating of A- Class VII or
better, as approved by the City. If Contractor maintains broader coverage and/or
higher limits than the minimums shown above, the City shall be entitled to the broader
coverage and/or higher limits maintained by the Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall
be available to the City.
An Additional Insured Endorsement, ongoing and completed operations, for the
policy shall designate the City of Santa Ana, the City of Garden Grove, their officers, officials,
employees, agents, and volunteers as additional insureds for liability arising out of work or
operations performed by or on behalf of the Contractor. Contractor shall provide to City proof
of insurance and endorsement forms that conform to City's requirements, as approved by the
City.
(b) Automobile liability in the amount of $1,000,000 combined single limit, including mobile
equipment if applicable; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to City and have an AM Best's
Guide Rating of A-, Class VII or better, as approved by the City.
An Additional Insured Endorsement for the policy shall designate the City of Garden
Grove, the City of Santa Ana, their officers, officials, employees, agents, and volunteers as
additional insureds for automobiles owned, leased, hired, or borrowed by the Contractor.
Contractor shall provide to City proof of insurance and endorsement forms that conform to
City's requirements, as approved by the City.
(c) For any claims related to this Agreement, Contractor's insurance coverage shall be
primary insurance as respects City, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, agents, or volunteers shall be in excess of the Contractor's
insurance and shall not contribute with it.
9.2 WORKERS COMPENSATION INSURANCE. For the duration of this Agreement,
Contractor and all subcontractors shall maintain Workers Compensation Insurance in the
amount and type required by law, if applicable. The insurer shall waive its rights of subrogation
against the City of Garden Grove, the City of Santa Ana, their officers, officials, agents,
employees, and volunteers.
9.3. CONTRACTOR shall not commence work until all certificates and endorsements have
been received and approved by Santa Ana. All insurance required shall contain a Statement
of Obligation on the part of the carrier to notify City of any material change, cancellation, or
termination at least thirty (30) days in advance.
10. This Agreement contains all of the agreements of the Parties regarding the Project and all previous
understandings, negotiations and agreements regarding the Project are integrated into and
superseded by this Agreement.
11. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument
in writing signed by both Parties.
12. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the Parties hereunder.
13. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly
authorized to execute this Agreement on behalf of said Parties and that by so executing this
Agreement the Parties hereto are formally bound to the provisions of this Agreement.
14. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto and
their respective heirs, personal representatives, successors, and assigns.
15. This Agreement may be executed by the Parties and counterparts, which counterparts shall be
construed together and have the same effect as if all of the Parties had executed the same instrument.
16. This Agreement is to be governed by the laws of the State of California, in Orange County
California.
17. Each party agrees to defend, hold harmless, and indemnify the other as to any and all claims,
judgments, liabilities or damages for injuries and damages directly arising out of each party's own
performance under this Agreement, except to the extent such damage or expense is caused in whole
or in part by the other party's negligence or willful misconduct.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on
the day and year first written above.
CITY OF SANT A_ A1A—
RAUL GODINE II
City Manager
ATTEST:'P
i
MARIA D. HUIZAR
Clerk of the Council City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By.
JOH FUNK
Assistant City Attorney
RECOMMENDED PPROVAL:
Edwin "William" Galvez, P.E.
Acting Executive Director
Public Works Agency
CITY OF GARDENVE
COTT C. STILES
City Manager
ATT ST:
(,�-'ler• lO1111 (—�C,
TERESA POMEROY
City Clerk
APPROVED S TO O
OMAR NDOV L
City Attorney
Exhibit A
Location Map
Westminster Boulevard (Harbor Blvd. to Fairview St.)
Street Rehabilitation Project
EXHIBIT A
LOCATION MAP
Salvia nmafMIMIn WESTMINSTER BLVD. 07TH ST.)
PWA FROM HARBOR BLVD. TO FAIRVIEW ST. REHABILITATION
(GARDEN GROVE COOPERATIVE AGREEMENT)
WN: 117Ii 1
City Cost Sharing
Westminster Boulevard (Harbor Blvd. to Fairview St.)
Street Rehabilitation Project
City of Santa Ana Cost
Table 1
City of Garden Grove Cost
Table 2
Proiect No. 15-6825: Westminster Ave from Ftnrbor Blvd to Clinton St
Construction Contract
Construction Carat act I City of Santa Ana
City ofGarden Grove
Construclion Conloret
$ 1,399,000.00 1 $ 964,130.30
City ofSanto Ana I
City of at Grove
Item Descnirtiou
Quantity
UidtF-U-,1-itP-r`ice-F
Unit
Amount
Quantity
Amount I
Quantity I
Amount
Amount
I Unclassified Excavation
1,171
CY
$ 60.00 $
70260.00
1,021
$ 61,260,00
150 1
$
9000.00
2 AC Pavement (As [halt Concrete)
2,745
TN
$ 70.00 $
192,150.00
2,414
$ 168,980.00
331
$
23 170.00
3 Asphalt Rubber Hot Mix (ARHM)
2,560
TN
$ 79.00 $
202,240.00
2,160
$ 170,64000
400
$
31,600.00
4 Cold Mill(T=3")
166,785
SF
$ 0.24 $
40,028,40
141,285
$ 33,908.40
25,500
$
6,120,00
5 Crashed Miscellaneous Base (CMB)
40
TN
$ 100,00 $
4,000.00
20
$ 2,000.00
20
$
2,000.00
6 PCC Sidewalk (T4")
2,000
SF
$ 5.50 $
11,000,00
1,405
$ 7,727.50
595
$
3,272.50
7 PCC Driveway Approach (T=8")
HIS
SF
$ 12.00 $
1,416.00
100
$ 1,200.00
IS
$
216.00
8 PCC Curb Ramp
2,425
SF
$ 10.00 $
24,250.00
1,425
$ 14,250.00
1,000
$
10 000.00
9 Concrete Bus Pad
SF
SF
$ 12.00 $
2,000
$
$
575
$
5,75000
10 PCC Curb and Gutter (Type A�2.8)
415
LF
$ 30.00 $
12,450.00
400
1 $ 12 000.00
15
$
450.00
11 PCC Crab (Type B-1)
10 PCC Curb and Gutter (Type A-28)
LF
$ 16.00 $
$ 30.00 $
17,550.00
$
1$
$
300 1
12 PCC Cross -Gutter (At ter ial Street)
200
SF
$ 12.00 $
2,400.00
$ 16.00 $
$
200
$
2 400.00
13 PCC Grinding
40
LF
$ 25.00 $
1,000.00
36
S 900.00
4
$
100.00
14 PCC Pattern Stamped Concrete
955
SF
$ 20.00 $
13 PCC Grinding
60
$
$ 25.00 $
$
60
15 Root Shave
1
EA
$ 500.00 $
500.00
1
$ 500.00
SP
$
6,000,00
16 Adjust Water Valve Frame and Cover to Finished Grade
30
EA
$ 850.00 $
25,500,00
16
$ 13,600.00
14
$
11900.00
17 Adjust Sewer and Drainage Manhole to Finished Grade
I I
EA
$ 800.00 $
8,800,00
11
$ 8,800.00
16 Adjust Water Valve Forme and Cover to Finished Grade
$
EA
18 Adjust Water Meter Frame and Cover to Idaished Grnde
33,150.00
EA
$ 800.00 $
12,750.00
24
$
20,400,00
$
31
19 Adjust Surve Monument to Finished Grade
$ 800.00 $
EA
$ 800.00 $
$
16,000.00
$
$
$
18 Adjust Water Mete' Frame and Cover to Finished Grade
20 Furnish and Install New N6 Pullbox
EA
EA
$ 800.00 $
$
$
4
$
3,200.00
21 Fairish and Install Cast -in Place ADA Tnmcated Dome Panel
4
EA
$ 700.00 $
3,200.00
$
$
$
22 Furnish and Install TiaM Loops T pe E
9
EA
$ 250.00 $
2,250.00
9
$ 2,250,00
$
$
3
23 Furnish and Install Traffic Loops Type D
22
EA
$ 250.00 $
5,500.00
22
$ 5,500,00
$
24 Tem roily Construction Sign
5
EA
$ 900.00 $
4,500.00
2
$ 1,800,00
3
$
2,70000
25 Siming and Striping
0.5
LS
$ 38,500.00 $
19,250.00
025
$ 9,625,00
0.25
$
9625.00
261taffic Control and Traffic Coatiol Plan
0.5
LS
$ 51940.00 $
25,970.00
0.25
$ 12,985,00
0.25
$
12,985.00
27 Project Advertising Sim
2
EA
$ 1120000 $
2,400.00
1
$ 1,200,00
1
$
1200.00
2g Push Button
3
EA
$ 600.00 $
1,800.00
3
$ 1,800.00
26Traffic Control and'Iaffic Conner Plan
$
LS
ons me tan Contract
25,97000
025
$
12,985.00$129850027
7--=$
Project Advertising Sign
126 738.50
Contingency (10%)
$ 1,20000 $
1,200.00
L
$
600.00$
$ 53,093,00
$
12,674,00
Constmction Engineering (15%)
EA
$ 600,00 $
$
$ 79,639.00
$
1901100
Desi gm Engineering(10%)
$
741,335,60 1
$
43320440
$
12,674.00
SUB -TOTAL
Conlingency(10%)
$ 663,657.90 1
$
$
171,097.50
Project No. I8-6902: Westminster Ave from Clinton St to Fairview St
Coasbnmlion Contract
Construction Carat act I City of Santa Ana
City ofGarden Grove
Construclion Conloret
$ 1,399,000.00 1 $ 964,130.30
Ch
ofSanta Ana
City of Oardon Grove
Iter Description
Quantity
Unit
Und Price
Anrouut
Quantity
$ 43,48700
Amount
Qmmtity
S 587,073,70
Amount
I Unclassified Excavation
1,029
CY
$ 60,00 $
61,740.00
790
$
47,400,00
239
$
14340.00
2 AC Pavement (Asphalt Concrete)
2,555
TN
$ 70,00 $
178,850.00
1,615
$
113,050.00
940
,$
65800.00
3 Asphalt Rubber Hot Mix(ARI-IM)
2,540
TN
$ 79.00 $
200,660.00
1,260
.$
99,540.00
1,280
$
101,120.00
4 Cold Mill(T=Y)
187,215
SF
$ 0.24 $
44,93160
86,085
$
20,66040
101,130
$
24,271.20
S Gushed Miscellaneous Base(CMB)
10
TN
$ 100.00 $
1000.00
5
$
500,00
5
$
Soo 00
6 PCC Sidewalk (T=4")
3,000
SF
$ 5.50 $
16,500.00
1,600
$
8,800 A0
1,400
$
7,700.00
7 PCC Driveway Appioach (1'=8")
482
SP
$ 12.00 $
5,78400
482
$
5,78400
$
8 PCC Crab Ramp
2,575
SF
$ 10.00 $
25,750.00
2,000
$
20,000,00
575
$
5,75000
9 Concrete Bus Pad
1,100
SP
$ 1200, $
13,200.00
1,100
$
13,200.00
$
10 PCC Curb and Gutter (Type A-28)
585
LF 1
$ 30.00 $
17,550.00
285
1$
8,550.00
300 1
$
9,000.00
11PCC Curb (Type B-1)
300
LF
$ 16.00 $
4,800.00
195
$
3,120.00
105
$
1,680.00
12 PCC Goss -Gutter (Arterial Street)
2,800
SP
$ 12.00 $
33,600,00
1,845
S
22,140.00
955
$
11,460,00
13 PCC Grinding
60
LF
$ 25.00 $
1,500,00
60
$
1,500.00
$
14 PCC Pattern Stamped Concrete
300
SP
$ 20.00 $
6,000,00
195
$
3,900.00
105
$
2,100,00
15 Root Shave
4
EA
$ 500.00 $
2,000.00
4
$
2,000.00
$
16 Adjust Water Valve Forme and Cover to Finished Grade
39
EA
$ 850.00 $
33,150.00
15
$
12,750.00
24
$
20,400,00
17 Adjust Sewer and Drainage Manhole to Finished Grnde
31
EA
$ 800.00 $
24,800.00
20
$
16,000.00
11
$
8,800.00
18 Adjust Water Mete' Frame and Cover to Finished Grade
4
EA
$ 800.00 $
3,200.00
$
4
$
3,200.00
19 Adjust Survey Monament to Finished Grade
4
EA
$ 800.00 $
3,200.00
$
4
$
3,200 00
20 Furnish and Install New 86 Pullbox
6
EA
$ 800.00 $
4,800.00
3
$
2,400,00
3
$
2,400.00
21 Furnish and Install Cest-in Place ADA Tnmceted Dome Panel
2
EA 1
$ 700.00 1 $
1,400.00
$
$
1,400.00
22 Furnish and Install Traffic Loops Type E
7
CA
$ 250,00 $
1,750.00
7
$
1,750,00$
23 Furnish and Install Traffic Loops Type D
17
EA
$ 250,00 $
4,250.00
17
$
4,250.00$
24 Temporary Construction Sign
5
EA
$ 900,00 $
4,500.00
3
$
2,700.00$
1,800.00
25 Signing and Striping
0.5
LS
$38,500,00 $
19,25000
0.25
$
9,625.00$9625.00
dO
26Traffic Control and'Iaffic Conner Plan
OS
LS
$51,940,00 S
25,97000
025
$
12,985.00$129850027
Project Advertising Sign
1
EA
$ 1,20000 $
1,200.00
L
$
600.00$
600.00
28 Push Button
EA
$ 600,00 $
$
$
Construction Contract
$
741,335,60 1
$
43320440
$
308,131,20
Conlingency(10%)
$
43320.00
$
30,8L3,00
Construction Engineering(15%)
$
64,981.00 1
S
46,219.00
Design Engmeering(10%)
$
$
30,813,00
SUB/TOTAL
$
541505.40 1
S
415,976.20
TOTAL.
Construction Carat act I City of Santa Ana
City ofGarden Grove
Construclion Conloret
$ 1,399,000.00 1 $ 964,130.30
$ 434,869.70
Con ingerey (10%)
$. 96,413 00
$ 43,487.00
Construction Engineering(15/)
144,620.00 1
$ 65,230,00
Design Engineeriag(10vO
$ -
$ 43,48700
TOTAL
$ 1,205,16330
S 587,073,70