Attachment No. 2
1 AGREEMENT
BETWEEN CITY OF CHINO AND CITY OF POMONA
FOR WALNUT AVENUE IMPROVEMENTS
THIS AGREEMENT, made and entered into on this day of , 2024 by and between the CITY OF CHINO, a California municipal corporation, hereinafter referred to as "CHINO," and the CITY OF POMONA, a California municipal corporation, hereinafter referred to as "POMONA." CHINO and POMONA are hereinafter referred to collectively as the “Parties.”
RECITALS
WHEREAS, CHINO as the lead agency intends to perform the POMONA STREET IMPROVEMENT PROJECT and provide project management to rehabilitate the street on Walnut Avenue (the STREET) from Reservoir Street in POMONA to the easterly City boundary in POMONA between CHINO and POMONA (PROJECT); and
WHEREAS, CHINO and POMONA propose to work together to expedite the street improvements and share project costs; and
WHEREAS, CHINO and POMONA desire to coordinate their efforts to ensure that improvements completed are for the good of both cities; and WHEREAS, CHINO is willing to perform or cause to perform the project construction, management, construction inspection, preparation of plans and specifications, and contract administration PROJECT; and
WHEREAS, the cost of improvements includes the costs of engineering, survey, construction, project management, construction inspection, plans and specifications, and materials (“COST OF IMPROVEMENTS”) shall not-to-exceed $139,801 for the PROJECT; and WHEREAS, the PROJECT will include grinding and paving the PROJECT street with 4- inches of new asphalt pavement.
WHEREAS, CHINO will provide POMONA with plans and submittals further defining the specifications for the PROJECT for POMONA’s approval prior to construction.
WHEREAS, CHINO and POMONA are both willing to pay for their respective shares of the COST OF IMPROVEMENTS as more fully set forth herein.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by CHINO and POMONA (in lieu of other valuable consideration) and of the promises herein contained, it is hereby agreed as follows:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. CHINO AGREES:
a. To perform or cause to perform the engineering, survey, construction contract, construction, construction management, construction inspection and construction engineering, materials testing, construction survey, contingency, construction management, and contract administration, for the CHINO portion of the PROJECT and the PROJECT.
b. To cooperate with POMONA in conducting negotiations with and, where appropriate, issue notices to public utility organizations and owners of substructure Attachment No. 2
2 and overhead facilities regarding the relocation, removal, operation, and maintenance of all surface and underground utilities and facilities, structures, and transportation services, which interfere with the proposed construction of the PROJECT. Where utilities have been installed in POMONA streets or on POMONA property, POMONA will provide the necessary right of way for the relocation of those utilities and facilities that interfere with the construction of IMPROVEMENTS. However, water, sanitary sewer, storm drain, street light, traffic signal, and other City of Pomona infrastructure relocations will not be required from the City of Pomona.
c. To cooperate with CHINO in providing all information that may be in the possession of POMONA necessary for completion of the PROJECT. d. To require the construction contractor performing work on the PROJECT to provide both performance and payment bonds, insurance, and permits in accordance with both CHINO and POMONA typical requirements and to provide endorsements to add CHINO as well as POMONA, and their respective officials, officers, employees and agents as additional insured on all insurance policies obtained for the PROJECT. CHINO shall require the construction contractor to name both CHINO and POMONA as co-obligees on the bonds. CHINO as well as POMONA shall also, to the extent practical require the construction contractor to defend, indemnify and hold CHINO as well as POMONA, and their respective officials, officers, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of the contractor or sub-contractors arising out of or in connection with the PROJECT.
e. To require the construction contractor performing work on the PROJECT to follow POMONA standards, policies, requirements, permits, conditions, and procedures in POMONA’s jurisdiction.
3. POMONA AGREES:
a. To grant to CHINO any temporary right-of-way or easement, acceptable to and within the jurisdiction/control of POMONA, that may be necessary for the construction of the PROJECT at not-to-exceed $139,801 to CHINO to the extent not already provided by law. The Parties agree that POMONA’s share of the Project shall not exceed $139,801.00.
b. To cooperate with CHINO in conducting negotiations with and, where appropriate, issue notices to public utility organizations and owners of substructure and overhead facilities regarding the relocation, removal, operation, and maintenance of all surface and underground utilities and facilities, structures, and transportation services, which interfere with the proposed construction of the PROJECT. Where utilities have been installed in POMONA streets or on POMONA property, POMONA will provide the necessary right of way for the relocation of those utilities and facilities that interfere with the construction of the PROJECT.
c. To cooperate with CHINO in providing all information that may be in the possession of POMONA necessary for design and construction of the PROJECT.
Attachment No. 2
3 4. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. Contract Change Orders. Construction of the PROJECT may require alteration, deviation, additions to or deletions from the contract plans and specifications. Any such changes to the PROJECT will require the prior, written approval of POMONA in advance of performance of the work by Contractor. POMONA agrees to timely review and consider and such alterations and shall make a good faith efforts to consider the approval of changes as necessary for CHINO to meet all PROJECT deadlines. The Parties shall cooperate in good faith to apportion the increased costs due to approved contract change orders between them.
b. This AGREEMENT may be amended or modified only by mutual written consent of CHINO and POMONA. Amendments and modifications of a non-material nature may be made by the mutual written consent of the parties’ Directors of Public Works, City Engineers or their delegates.
c. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:
POMONA:
Arnold Dichosa
City Engineer
City of Pomona
505 S. Garey Avenue.
Pomona, CA 91766
CHINO:
Hye Jin Lee
Director of Public Works
City of CHINO
13220 Central Avenue
CHINO, CA 91710
d. Neither CHINO nor any officer or employee of CHINO shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of POMONA under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CHINO under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, POMONA shall fully indemnify, defend, and hold CHINO harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any acts or omissions on the part of POMONA under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of POMONA under this AGREEMENT.
e. Neither POMONA nor any officer or employee of POMONA shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CHINO under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CHINO under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, CHINO shall fully indemnify, defend, and hold POMONA harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any acts or omissions on the part of CHINO under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CHINO under this AGREEMENT.