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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