Loading...
HomeMy WebLinkAboutGARDEN GROVE, CITY OF (5) - 2010r h ' A-2010-054 WORK MAY 61`!_ :D 1C,LERK CAF _;,, ?UL COST REIMBURSEMENT AGREEMENT )AT iJ-ZrU°l'0 CLINTON STREET ROADWAY RESURFACE PROJECT `A THIS COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into this 5` day of 2010, by and between the CITY OF SANTA ANA, a 3 California charter city (" anta Ana"), and the CITY OF GARDEN GROVE, a California Cl. municipal corporation ("Garden Grove"). In this Agreement, Santa Ana and Garden Grove may 1 each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS: .. WHEREAS, Santa Ana has initiated a residential street repair program (the "Program") tv C} to rehabilitate residential streets throughout the City; and WHEREAS, Clinton Street, which is split down the centerline with half in Santa Ana and half within the boundary of Garden Grove, is included in the current phase of the Program; and WHEREAS, In an effort to efficiently utilize Garden Grove resources, Garden Grove wishes to improve the portion of Clinton Street within its boundary at the same time the Santa Ana half of the street is being repaired within the Program; and WHEREAS, the Parties desire to resurface Clinton Street, within their respective boundaries, with a thin overlay with localized R&R (the "Project"). NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1. Santa Ana will advertise for bids, hire a contractor, approve the work and administer the contract for street resurfacing. 2. Garden Grove is responsible for funding that portion of the Project within the Garden Grove city limits, as set forth in Exhibit A, attached hereto and incorporated by this reference. 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. 3. Garden Grove will coordinate the relocation of all affected utility company facilities within the City limits of Garden Grove in a timely 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 1 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 Executive Director of the Public Works Agency of Garden Grove or his designee prior to implementation. 7. The following staff members, or as otherwise designated in writing by the Executive Director of Public Works of Santa Ana or the Director of Public Works 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: Souri Amirani Deputy Deputy City Engineer 20 Civic Center Plaza, M-36 Santa Ana, Ca 92701 Phone: (714) 647-5640 E-Mail: samaranigsanta-ana.org City of Garden Grove: ATTN: Bob Moungey Public Works Supervisor Streets Division 13802 Newhope Street Garden Grove, CA 92843 Phone: (714) 741-5385 E-Mail: robertm a ci. arden-grove.ca.us 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. 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. 2 (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 by 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. 3 14. This Agreement shall be binding upon and shall inure 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. 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 SANTA ANA CITY OF GARDEN GROVE By: By: David N. Ream, City Manager Matthew J. Fertal, Cit Manager ATTEST: Maria D. Huizar Clerk of the Council ATTEST: Kathy Bailor, City Clerk C M DED FOR APPROVAL: Raul Godinez, E tive Director City of Santa Ana ublic Works Agency APPROVED AS TO FORM: -J'oseph W. Fletcher, City Attorney Approved as to form: ?,? Vvt fie omas F. Nixon, eify Attorney 4 EXHIBIT A Residential Street Repair Clinton Street Santa Ana side NO. DESCRIPTION UNIT QUANTITY UNIT PRICE COST - 1 Unclassified Excavation Cy 75 $51.00 $3,825.00 2 Cold Mill SF 12,883 $1.00 $12,883.00 5 AC Pavement TN 120 $61.50 $7,380.00 6 Remove and Replace PCC Sidewalk SF 125 $6.50 $812.50 7 Remove and Replace PCC Curb & Gutter LF 80 $38.50 $3,080.00 13 Adjust Water Valve Frame and Cover to Grade EA 4 $571.00 $2,284.00 14 Root Shave EA 4 $248.50 $994.00 15 Furnish and Install Traffic Loops EA 4 $204.50 $818.00 17 Signing and Striping . LS 0.5 $2,000.00 $1,000.00 18 Tie-Out and Reestablish Survey Monument EA 3 $281.50 $844.50 SUBTOTAL $33,921.00 5% Contingency $1,696.00 5% Construction $1,696.00 TOTAL $37,313.00 Residential Street Repair Clinton Street Garden Grove side NO. DESCRIPTION UNIT QUANTITY. UNIT PRICE COST 1 Unclassified Excavation Cy 75 $51.00 $3,825.00 2 Cold Mill SF 12,883 $1.00 $12,883.00 5 AC Pavement TN 120 $61.50 $7,380.00 12 Adjust Manhole Frame and Cover to Grade EA 6 $518.50 $3,111.00 17 Signing and Striping LS 0.5 $2,000.00 $1,000.00 18 Tie-Out and Reestablish Survey Monument EA 2 $281.50 $563.00 SUBTOTAL $28,762,00 , , 5°,b Contingency $1,438.00 50"- Construction $1,438.00 TOTAL $31,638.00"` Estimate GG SEE DETAIL -J .? WESTMINSTER AV i W a > z o a ? v z z w a N a--- --- u i x cn i z 10 0 z i u i m: --- f- i - i i i LECEM -- O INSTALL DOUBLE YELLOW CENTERLINE Ox CROSSWALK (WHITE PAINT IF NOT SPECIFIED). THIN OVERLAY SANTA ANA Pf?1 Pat I" AML? CU TON STREET V1..1N1 ON ST. 0 m 100• DETAIL A NTI.