HomeMy WebLinkAboutMESA WATER DISTRICT (2) A-2025-002
INSURANCE NOT REQUIRED
WORK NIAY PROCEED
CITY CLERK
DATE: APR l 715,
COOPERATIVE COST REIMBURSEMENT AGREEMENT
FOR CRODDY WAY STREET IMPROVEMENTS PROJECT
COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and
b. WPM entered into this ?1 S day of 12025, by and between the CITY OF SANTA
Wuo (Ab(ld A)ANA, a California charter city ("Santa Ana" or"City"), and the MESA WATER DISTRICT,
a county water district organized and existing pursuant to the laws of the State of
California ("Mesa Water"). In this Agreement, Santa Ana and Mesa Water may each be
individually referred to as a "Party" and collectively referred to as the "Parties."
RECITALS:
WHEREAS, on August 12, 2021, Mesa Water was issued Permit No. S0104786
("2021 Permit") to construct a water transmission pipeline, and related facilities, to
transmit water from Mesa Water's two new groundwater wells located along Croddy Way
within the City; and
WHEREAS, the 2021 Permit required Mesa Water to restore the affected street(s)
with a simple trench cut patch pursuant to City standard plans, which generally results in
new pavement that is two feet wider than the trench followed by a thin curb to curb grind
and overlay; and
WHEREAS, due to the existing pavement condition and construction activities,
Mesa Water has agreed to expand its street surface restoration to include a full depth
street replacement from curb to curb on Croddy Way between Garry Avenue and
MacArthur Boulevard, the full depth replacement of the eastern half of Croddy Way
between Chandler Avenue and Garry Avenue, and the northerly half of Chandler between
the western boundary of 4011 W Chandler Avenue and Croddy (APN 415-014-03) in the
City of Santa Ana (collectively, the "Mesa Water® Scope"); and
WHEREAS, Santa Ana has additional areas requiring full depth street replacement
of the western half of Croddy Way between Chandler Avenue and Garry Avenue and the
southerly half of Chandler between the western boundary of 4011 W Chandler Avenue
and Croddy (APN 415-014-03) in the City of Santa Ana (collectively, the "Santa Ana
Scope"); and
WHEREAS, in an effort to efficiently utilize Mesa Water's resources, Mesa Water
and Santa Ana desire to enter a cooperative agreement and share in the costs of the
street improvements incorporating both the Mesa Water® Scope and the Santa Ana
Scope (collectively, the "Project"); and
WHEREAS, the scope of work of the Project includes excavation, grading, removal
and replacement of asphalt concrete pavement and Portland cement concrete, and
signing and striping; and
WHEREAS, once completed, the improvements will enhance the streets'
drivability, visual appearance, accessibility, and drainage,
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. Mesa Water shall perform and/or contract for the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to
fully and adequately complete the Project. As a material component of this Agreement,
City will reimburse Mesa Water for the costs associated with the Project area square
footage identified in Project Location Map (Exhibit A) and Cost Estimate (Exhibit B) (the
"City Contribution") in an amount equal to 30% of the total completed construction costs
plus administrative costs of the Project, but in no event shall City's 30% share exceed
$897,000.00 or Mesa Water's share exceed $1,949,000, as detailed in Exhibit B. Should
Mesa Water receive grant funding applicable to the Project cost, such funds will be
allocated to the total construction costs of the Project and each Party's share of
construction costs funding shall be proportionately reduced. Any offset to the Project
costs due to the receipt of grant funding shall require Mesa Water to refund each Party's
proportional share of the construction costs, as may be reduced by such grant funding.
2. Mesa Water is responsible for initially funding that portion of the Project
within the City limits, as set forth in Exhibit B. Upon completion of the Project, Mesa Water
will provide the City with a copy of the completed and filed Notice of Completion. Mesa
Water shall provide the City with an accounting of all Project costs and shall provide
copies of contract invoices and related documentation upon request. Within forty-five
(45) days of receipt of such Project costs accounting the City shall provide payment to
Mesa Water of 30% of the Project construction costs.
3. Mesa Water will act as the Project lead and organizer, and is responsible
for design, bidding, and construction administration of the Project.
4. City will coordinate the relocation of all affected utility company facilities
within the City limits to facilitate the completion of the Project in a timely manner.
5. City and Mesa Water shall extend to each other cooperation and proceed
under this Agreement in a good faith manner to facilitate timely completion of the Project
and comply with the terms hereof. The Parties agree that when any component of this
Project is subject to the approval of the City or Mesa Water, such approval shall not be
unreasonably withheld.
6. City will issue a new Permit applicable to Project work ("Project Permit").
The 2021 Permit may be closed upon action by the Mesa Water Board of Directors ("Mesa
Water Board") of a construction contract for Project work. Such Project Permit will be
promptly issued at no cost to Mesa Water or its contractor.
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Cooperative Cost Reimbursement Agreement for Croddy Way Street Improvements Project_2025_0227
7. City will be notified as to the official advertising dates, bid opening date,
construction stark date, and overall construction schedule for the Project. Also, a
representative from City will be invited to attend pre-construction, Project status, and final
walk through meetings.
8. The Project costs represented in this Agreement are the. contract costs
based upon the Mesa Water contract amount plus Mesa Water's administration costs,
Change orders applicable to such contract must receive the written approval of the
Executive Director of Public Works of Santa Ana or their designee prior to implementation.
Such approval shall not be unreasonably withheld, and., if such approval results in an
adjustment to the contract amount (Project cost), City shall be responsible for its
proportional allocation of the increased costs pursuant to the terms hereof.
9. The following staff members, or as otherwise designated in writing by either
Party, shall be the designated representatives of each Party to act on each respective
Party'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: Rudy_Rosas- - -
Deputy Public Works Director/City Engineer
Public Works Agency
Santa Ana, CA 92701
20 Civic.Center Plaza, M-21
Mesa Water District:
ATTN: Andrew D. Wiesner, P.E.
District Engineer
1965 Placentia Avenue
Costa Mesa, CA, 92627
10. Mesa. Water shall cause its contractors for the Project to guarantee the
Project improvements against defects in workmanship and materials for a period of one
(1) year from the date of acceptance. It is further agreed that Mesa Water shall assume
the responsibility for causing the Project 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.
11, Mesa Water shall have its contractors andfor consultants provide insurance
as set forth in Exhibit C, attached hereto and incorporated herein by this reference.
12. This Agreement contains all of the agreements of the Parties regarding the
Project and Project costs and all previous understandings, negotiations and agreements
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Cooperative Cost Reimbursement Agreement for croddy Way Street Improvements Project 2025_0227
regarding the Project and Project costs are integrated into, and superseded by, this
Agreement.
13. This Agreement may be amended at any time by the mutual consent of the
Parties by an instrument in writing signed by authorized officers of both Parties.
n the even a any one or mare o t e p rases, 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.
16. 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.
M 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.
17. 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.
M This Agreement is to be governed by the taws of the State of California.
Venue for any disputes concerning this.Agreement shall lie in Orange County,:California.
19. 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 or omission(s) 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.
[signatures contained on following page]
51.539200.2
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Cooperative Cost Reimbursement Agreement for Croddy Way Street Improvements Project,202S_4227
SIGNATURE PAGE FOR COOPERATIVE COST REIMBURSEMENT AGREEMENT
FOR CRODDY WAY STREET IMPROVEMENTS PROJECT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST: CITY OF SANTA ANA
JENNIF ALL ALV R UNEZ
City_.CIeF City Manage 44
r
ly<�To
APPROVED AS TO FORM:
SONIA R. CARVALHO
/�K
City Attorney
�tnslo ...; SAL R R
By-
�'JONATHAN T. MINEZ "I°'�p'�" ` (,ouASE�
Assistant City Attorney
MESA WATER DISTRICT:
NABIL S BA By: Paul E. Shoenbr• er, P.E.
Executive Director Public Works Title: General Manager
Agency
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Cooperative Cost Reimbursement Agreement for Croddy Way Street Improvements Project_2025_0227
EXHIBIT A
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Cooperative Cost Reimbursement Agreement for Croddy Way Street Improvements project 2025_0227
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EXHIBIT" C
Insurance Provisions
Cw1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance
for the duration of this Agreement:
Contractor shall procure and maintain for the duration of the contract, and for 5 years
thereafter, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, employees, and sub-contractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CC
0001 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with limits
no less than $3,000,000 per occurrence and $5,000,000 in the aggregate. Umbrella and
excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code
1(any auto), with combined single limit no less than $3,000,000.
3. Workers' Compensation (WC), As required by the State of California, with statutory
limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per
accident, policy; employee for bodily injury or disease.
4, Builder's Risk (Course of Construction) (BIB). Utilizing an "All,IRisk" (Special perils)
coverage form, with limits equal to the completed value of the project.and no co-
insurance penalty provisions,
5, Surety Bonds as described below,
These insurance requirements shall not in any way act to reduce coverage that is
broader or includes higher limits than the minimums shown above. If Contractor
maintains broader coverage and/or higher limits than the minimums shown above, City
shall be entitled to the,broader coverage and/or the higher limits maintained by
Contractor. Insurance provided under this contract shall not contain any restrictions or
limitations which are inconsistent with City's rights under this contract.
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Caaperative Cast tleimbursementAgreementfor Craddy Way Street Improvements Project_2025_0227
Self-Insured Retentions
Self-insured retentions must be declared to and approved by City. At the option of City,
Contractor shall cause its insurer(s) to reduce or eliminate such self-insured retentions
as respects City; or Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment-of losse.s.and related investigations,-claim administration,. -and- -
defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
1. City of Santa Ana., its City Council, officers, officials, employees, agents, and
volunteers are to be covered as additional insureds on Contractor's CGL and AL
policies with respect to liability arising out of work operations performed by or on behalf
of Contractor including materials, parts, and equipment furnished in connection with
such worst or operations and automobiles owned, leased, hired, or borrowed by or on
behalf of Contractor. Additional insured status can be provided in the form of an
-endorsement to Contractor's insurance.
2. For any claims related to this project, Contractor's insurance coverage shall be
primary insurance coverage as respects City of Santa Ana, its City Council, officers,
officials, employees., agents, and volunteers. Any insurance or self-insurance
maintained by City of Santa Ana, its City Council, officers, officials, employees, agents,
or volunteers shall not contribute with it.
3. A severability of interest provision must apply for all the additional 'insureds, ensuring
that Contractor's insurance shall apply separately to each insured against whom a claim
is made or suit is brought., except with respect to the insurer's limits of liability.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said
Contractor may acquire against City of Santa Ana, its City Council, officers, officials,
employees,agents and volunteers" by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of whether or not
City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be
canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier,
or materially changed except after thirty (30) clays prior written notice has been given to
City and ten (10) days prior written notice of policy cancellation or non-renewal due to
non-payment.
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Cooperative Cps Reimbursement Agreement far Croddy Way Street:Improvements Project 2025_0227
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic
Center Plaza M-XX (Responsible Staff's Department Mail Box), Santa Ana, CA
92701. The name and location of project must be indicated in the Description of
Operations section of each certificate.
Builder's Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder's Risk insurance in the form of Course of
Construction coverage. Such coverage shall name City of Santa Ana as a loss payee as
its Interest may appear.
If the project does not involve new or major reconstruction, at the option of City, an
Installation Floater may be acceptable. For such projects, a Property Installation Floater
shall be obtained that providers for the improvement, remodel, modification, alteration,
conversion or adjustment to existing buildings, structures, processes, machinery and
equipment. The Property Installation Floater shall provide property damage coverage
for any building, structure, machinery or equipment damaged, impaired, broken, or
destroyed during the performance of the Work, including during transit, installation, and
testing at City's site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date
of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of work.
1 If coverage its cancelled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the contract effective, or start of work date,
Contractor must purchase extended reporting period coverage for a minimum of five (5)
years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of
California with a current A.M. Best rating of no less than A:VII, unless otherwise
acceptable to CITY.
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C.Nperative Cost Reimbursement Agreement for Croddy Way Street Irnpravements Pro.ject-2025. 0227
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor
may acquire.from Contractor by virtue of the payment of any loss. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation. The
Workers'Compensation_ policy shall be endorsed with_a_waiver_of subrogation in_favor..
of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shalt furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting
coverage required by this clause). A statement on a Certificate(s)/Evidence of insurance
will not be accepted in lieu of the actual endorsements required herein. Failure to obtain
the required documents prior to the work beginning shall not waive Contractor's
obligation to provide them. City reserves the right to require complete, certified copies of
alf required insurance policies, including endorsements, required by these
specifications, at anytime.
-Sub-Contractors
Contractor shall require and verify that all.sub-contractors maintain insurance meeting
all requirements stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from sub-contractors. For CGL coverage, sub-Contractors
shall provide coverage with a form at least as broad as CC 20 38 04 13.
Surety (Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract
price. if the Performance Bond provides for a one-year warranty a separate
Maintenance Bond is not necessary. If the warranty period specified in the contract is
for longer than one year a Maintenance Bond equal to 10% of the contract price is
required. Bonds shall be duly executed by a responsible corporate surety, authorized to
issue such bands in the State of California and secured through an authorized.agent
with an office in California.
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Cooperative Cost Reimbursement Agreement for.Croddy W.ay Street Improvements Project 2025_0227
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required
pursuant to this contract, the same shall be deemed a material breach: of contract. City,
at its sole option, may terminate this contract at any time and obtain damages from
Contractor_resulting_from-said breach.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the
nature of the risk, prior experience, insurer, coverage, or other circumstances.
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Cooperative Cost Reimbursement Agreement for Croddy Way Street Improvements ProjPd-2025_0227