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 , hereinafter referred to as " CHINO," and the CITY OF POMONA, a municipal corporation, hereinafter referred to as "POMONA."
RECITALS
WHEREAS, CHINO as the lead agency intends to perform STREET improvements and provide project management to rehabilitate the street on Walnut Avenue from Reservoir Street in POMONA to the east side of the City boundary between CHINO and POMONA; and WHEREAS, CHINO and POMONA propose to work together to expedite the street improvements; 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 for the Street Improvement 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 not-to-exceed $139,801, for the Street Improvements Project; and
WHEREAS, CHINO AND POMONA agree that the Operations and Maintenance Agreement of improvements must be at a minimum of 20 years.
WHEREAS, CHINO and POMONA are both willing to pay for their respective shares of the COST OF IMPROVEMENTS as more fully set forth herein.
WHEREAS, CHINO 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 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 abo ve 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 construct ion engineering, materials testing, construction survey, and contract administration, for the CHINO and POMONA STREET IMPROVEMENTS PROJECT.
b. 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 Attachment No. 2
2 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 a ll 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.
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.
4. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. This AGREEMENT may be amended or modified only by mutual written consent of CHINO and POMONA. Amendments and modifications of a non- material Attachment No. 2
3 nature may be made by the mutual written consent of the parties’ Directors of Public Works, City Engineers or their delegates.
b. 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
c. 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 conne ction with any work, author ity, 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 t o 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 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. 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.
Attachment No. 2
4 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF CHINO and the CITY OF POMONA on the date above written.
THE CITY OF POMONA ATTEST:
Anita Gutierrez, City Manager City Clerk
Date: ______________________ APPROVED AS TO FORM:
______________________
City Attorney
THE CITY OF CHINO ATTEST:
Linda Reich, City Manager City Clerk
Date: ______________________ APPROVED AS TO FORM:
______________________
City Attorney