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HomeMy WebLinkAboutGARDEN GROVE, CITY OF (23) I'ISiJI,44CE NOT IkE--Q0IRFD 4-VORK HAY PKICEEC) N-2026-143 CITYCIElik' return FULLY EXECUTED RITE JUN 2 5 2026 Copy to City clerk, M-30 ) C 0 P'�C (z COOPERATIVE COST REIMBURSEMENT AGREEMENT CLINTON STREET (150' SIO MORNINGSIDE AVENUE TO WESTMINSTER AVENUE) REHABILITATION PROJECT COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into this day of , 2026, by and between the CITY OF GARDEN GROVE, a California municipal corporation ("Garden Grove"), and the CITY OF SANTA ANA, a California charter city ("Santa Ana"). In this Agreement, Garden Grove and Santa Ana may each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, Garden Grove has initiated a street rehabilitation project (the "Project") to improve the pavement condition of Clinton St. from 150' south of Morningside Ave to Westminster Ave; and WHEREAS, Clinton Street within the Project limits contain a portion within Garden Grove and a portion of the street within the boundary of Santa Ana; and WHEREAS, In an effort to efficiently utilize Santa Ana resources, Santa Ana wishes to improve the portion of Clinton Street within its boundary at the same time the Garden Grove Clinton Street Project is conducted; and WHEREAS, the Parties desire to repave Clinton Street,within their respective boundaries, as part of 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. The City of Garden Grove will advertise for bids, hire a contractor, approve the work and administer the contract for street rehabilitation. 2. Santa Ana shall pay Garden Grove for the actual cost of the work within the Santa Ana portion based upon unit prices bid of the Successful Contractor and quantities actually used on the Santa Ana portion as set forth in the Project Location Map (Exhibit A) and Santa Ana Cost (Exhibit B), attached hereto and incorporated by this reference. Santa Ana will remit payment to Garden Grove within thirty (30) days of receipt of invoice evidencing Project work performed within Santa Ana city boundary. 3. Santa Ana will coordinate the relocation of all affected utility company facilities within the City limits of Santa Ana in a timely manner. 4. Garden Grove and Santa Ana 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 Santa Ana, such approval shall not be unreasonably withheld. Page 1 5. Santa Ana will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule. Also, a representative from Santa Ana will be invited to attend pre-construction, Project status, and final walk through meetings. 6. Change orders for work within Santa Ana must receive the written approval of the Public Works Department Engineering Manager of Santa Ana or his/her designee prior to implementation. Santa Ana is responsible for change order cost within Santa Ana respective boundaries. 7. The following staff members, or as otherwise designated in writing by the City Engineer of Garden Grove and the City Engineer of Santa Ana, 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: City of Garden Grove: ATTN: Rodolfo Rosas, P.E. ATTN: Dan Candelaria, P.E.,TE Acting Executive Director City Engineer Public Works Agency Public Works Department Santa Ana, CA 92701 11222 Acacia Parkway 20 Civic Center Plaza, M-21 Garden Grove, CA 92840 Phone: (714) 647-3379 Phone: (714) 741-5185 E-Mail: rrosas@santa-ana.org E-Mail: danc@ci.garden-grove.ca.us 8. Garden Grove shall cause its contractor for the Project to guarantee the Santa Ana improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance by Garden Grove. It is further agreed that Garden Grove shall assume the responsibility for causing the Santa Ana 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 Garden Grove 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$6,000,000 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 Garden Grove, the City of Santa Ana, 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 Page 2 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 $2,000,000 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 Santa Ana, the City of Garden Grove, their officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, [eased, 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 Santa Ana, the City of Garden Grove, 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 Garden Grove. 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. Page 3 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. CI OF SA A ANA CITY OF GARDEN GROVE Nara Nunez Lisa Kim City Manager City Manager ATT ST: ""'' ATTEST: Jn e Lizabeth Vasquez City CI r City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Omar Sandoval City Attorney gy: t =� � Kyleellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: koeblf oshsl, P.E. Acting Executive Director Public Works Agency Page 4 Exhibit A Location Map CLINTON STREET (150' SIO MORNINGSIDE AVENUE TO WESTMINSTER AVENUE) REHABILITATION PROJECT = 4 Bahia Village c U6 percheron Rd � a School Dr a Downie I Gloria 51 Gloria St 11anner Dr 2-2 t Pea+ee St Gar dentAp art lnent Trask Ave . Trask Ave TRASK AVE " C O c a Cardinal Ave aunty 0Wintersburc w ation _T `ci.__ Presbyterian Church > LEGEND 0 j,. Garden Grove Kia ¢ DNA LL PROJECT LOCATION = Huckleberry Rd e Municipal - :er l - Sarnue[i Academy 1, WESTMINSTER AVE Westminster Ave W 17tt z lJ Z N — KEEL w � SUNSWEPT m MAR-LES 0 l -- 4ae,t"vu NIORNINGSfDE — W Wash!ngton Ave Willo ick Royal c` Mobile Home F c I1th St ui sn "' i HAZARD AVE Hazard Ave EXHIBIT A PROJECT LOCATION MAP CLINTON ST FROM 1 5©' S/O MORNINGSIDE AVE TO WESTMINSTER AVE EXHIBIT B Santa Ana Cost CLINTON STREET (750' S/O MORNINGSIDE AVENUE TO WESTMINSTER AVENUE) REHABILITATION PROJECT ONCA 0000O0O O o N N .O 0 O O O � 0 O CDO � tO N r CA f` O O O O O O O Q "I O 00 M p co Lo cc) C7 O r M CD CD O O oOo OD fh qqCAqqt C\INNC14 rI- N o Co.(N r QLO M Lo N CD M Lol � M N .� r W N 69 va ca 69 4 69 69 E69 69 6'3 Ef3 6f} 6�} 64 Q 0000LOo o OOO OCf?: NC70 � O a a U o_ o o 6 cq o 0 0 W fl': O O o CO M o 0 Qoo rr O L O ti N N tip. '� �Z GC' k3 ,s N 4fl;69'69- V9- 69- Ef} E-a 64 b9 64 64 64 a� 4 v Z fn U? 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