AGREEMENT
BETWEEN CITY OF LA VERNE AND CITY OF POMONA
FOR MEDIAN IMPROVEMENTS
(Urban Greening Project)
THIS AGREEMENT, made and entered into on this day of , 2022 by and between the CITY OF LA VERNE, hereinafter referred to as "LA VERNE," and the CITY OF POMONA, a municipal corporation, hereinafter referred to as "POMONA."
RECITALS
WHEREAS, LA VERNE as the lead agency intends to perform median landscape/irrigation improvements and provide project management to rehabilitate the medians on Arrow Highway from White Avenue in LA VERNE to Garey Avenue in POMONA; and WHEREAS, LA VERNE is coordinating separately with California Natural Resources Agency, for the awarded Urban Greening Grant (hereinafter the “AGENCY”) for reimbursement to LA VERNE and POMONA for median and landscape improvements; and WHEREAS, LA VERNE and POMONA propose to work together to expedite the median landscape and irrigation improvements; and WHEREAS, the project and work intended by this Agreement is also known as the “LA VERNE and POMONA URBAN GREENING PROJECT” or “URBAN GREENING PROJECT”; and WHEREAS, LA VERNE and POMONA desire to coordinate their efforts to ensure that improvements completed are for the good of both cities; and WHEREAS, the Urban Greening Project is of general interest to LA VERNE AND POMONA; and WHEREAS, LA VERNE is willing to perform or cause to perform the project construction, management, construction inspection, preparation of plans and specifications, and contract administration for the Urban Greening Project; and WHEREAS, “COST OF IMPROVEMENTS” includes the costs of engineering, survey, construction, project management, construction inspection, plans and specifications, materials testing, construction survey, and contract administration, for the Urban Greening Project; and WHEREAS, LA VERNE AND POMONA agree that the Operations and Maintenance Agreement of improvements must be at a minimum of 20 years.
WHEREAS, LA VERNE and POMONA are both willing to pay for their respective shares of the COST OF IMPROVEMENTS as more fully set forth herein.
WHEREAS, LAVERNE will resume responsibility for the ongoing operations and maintenance in the event the Agreement is cancelled by either party.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by LA VERNE and POMONA (in lieu of other valuable consideration) and of the promises herein contained, it is hereby agreed as follows:
Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
LA VERNE AGREES:
To perform or cause to perform the engineering, survey, construction contract, construction, construction management, construction inspection and construction engineering, materials testing, construction survey, and contract administration, for the LA VERNE and POMONA URBAN GREENING PROJECT.
To pay for the COST OF IMPROVEMENTS pursuant for the URBAN GREENING PROJECT, subject to paragraph 3(a) below.
To cooperate with POMONA 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 URBAN GREENING 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.
To cooperate with LA VERNE in providing all information that may be in the possession of POMONA necessary for completion of the URBAN GREENING PROJECT.
To require the construction contractor performing work on the URBAN GREENING PROJECT to provide both performance and payment bonds, insurance, and permits in accordance with both LA VERNE and POMONA typical requirements and to provide endorsements to add LA VERNE as well as POMONA, and their respective officials, officers, employees and agents as additional insured on all insurance policies obtained for the URBAN GREENING PROJECT. LA VERNE shall require the construction contractor to name both LA VERNE and POMONA as co-obligees on the bonds. LA VERNE as well as POMONA shall also, to the extent practical require the construction contractor to defend, indemnify and hold LA VERNE 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 URBAN GREENING PROJECT.
To require the construction contractor performing work on the URBAN GREENING PROJECT to follow POMONA standards, policies, requirements, permits, conditions, and procedures in POMONA’s jurisdiction.
To allow Pomona reasonable and customary (30%, 60%, 90%, and 100% plans, specifications, and estimates) reviews of the proposed LA VERNE and POMONA URBAN GREENING PROJECT construction documents, and to address POMONA’s comments to POMONA’s satisfaction in a reasonable and timely manner.
3. POMONA AGREES:
To grant to LA VERNE any temporary right-of-way or easement, acceptable to and within the jurisdiction/control of POMONA, that may be necessary for the construction of POMONA URBAN GREENING PROJECT at no cost to LA VERNE to the extent not already provided by law.
To cooperate with LA VERNE 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 URBAN GREENING 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 URBAN GREENING PROJECT.
To cooperate with LA VERNE in providing all information that may be in the possession of POMONA necessary for design and construction of the URBAN GREENING PROJECT.
4. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
This AGREEMENT may be amended or modified only by mutual written consent of LA VERNE 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.
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
LA VERNE:
Cody Howing
City Engineer
City of La Verne
3660 D Street
La Verne, CA 91750
c. Neither LA VERNE nor any officer or employee of LA VERNE 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 LA VERNE under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, POMONA shall fully indemnify, defend, and hold LA VERNE 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. d. 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 LA VERNE under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of LA VERNE under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, LA VERNE 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 LA VERNE under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of LA VERNE under this AGREEMENT. e. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the parties hereto, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each of the parties indemnifies and holds harmless the other party for any liability, cost, or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF LA VERNE and the CITY OF POMONA on the date above written.
THE CITY OF POMONA ATTEST:
James Makshanoff, City Manager City Clerk
Date: ______________________ APPROVED AS TO FORM:
______________________
City Attorney
THE CITY OF LA VERNE ATTEST:
Bob Russi, City Manager City Clerk
Date: ______________________ APPROVED AS TO FORM:
______________________
City Attorney
5 Attachment No. 1