HomeMy WebLinkAbout2015-248 RESOLUTION NO. 2015-248
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING WITH
3 OMNITRANS COVERING THE CONSTRUCTION AND CONSTRUCTION
MANAGEMENT, ADMINISTRATION, AND INSPECTION OF THE "E" STREET
4 IMPROVEMENT PROJECT, FROM 10TH STREET TO HIGHLAND AVENUE.
5
WHEREAS, Omnitrans awarded a construction contract for the "E" Street
6
Improvement Project to Matich Corporation, in May 2015, for $3,417,000. In addition,
7 Omnitrans added a 15% construction contingency to the Project, or an additional $512,550.
8 Omnitrans has committed to contribute a total of$3,929,550 towards the construction cost of
9 the Project; and
WHEREAS,the Mayor and Common Council adopted Resolution No. 2015-192 on
10
August 17, 2015, which appropriated $410,040 towards the administration, inspection and
11 select construction work for the Project; and
12 WHEREAS,the Project includes construction of various concrete improvements,
13 including curb ramps, sidewalks, driveway approaches, curb and gutters, reconstruction of
14 asphalt concrete pavement, resurfacing, striping, utility relocations, etc. on"E" Street from 10th
Street to Highland Avenue; and
15 WHEREAS, Omnitrans and the City are working cooperatively on the construction of
16 the Project. Omnitrans' formal role in the construction of the Project includes funding the work
17 via a combination of local and federal funds, overall lead for construction contract
18 administration and construction management, and oversight of the construction work. The City
will cover the cost of out of scope construction work, provide construction inspection and
19
quality assurance, and will make recommendations for construction contract change orders and
20 payment of the contractor's progress payment invoicing; and
21 WHEREAS,the Parties wish to specify their respective responsibilities for the
22 construction, and construction management, administration and inspection of the Project in a
Memorandum of Understanding;
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NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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3 SECTION 1. The City Manager is hereby authorized and directed to execute the
4 Memorandum of Understanding with Omnitrans, attached and incorporated herein as "Exhibit
A".
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SECTION 2. The authorization to execute the Memorandum of Understanding is
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rescinded if it is not executed within 90 days from the date of adoption of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING WITH
2 OMNITRANS COVERING THE CONSTRUCTION AND CONSTRUCTION
3 MANAGEMENT, ADMINISTRATION, AND INSPECTION OF THE "E" STREET
IMPROVEMENT PROJECT,FROM 10TH STREET TO HIGHLAND AVENUE.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
2°d day of November, 2015, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
10
BARRIOS X
I1
VALDIVIA X
12
SHORETT X
13
NICKEL X
14
15 JOHNSON X
16 MULVIHILL X
r
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18 Georgeag Hanna, CYAC, City Clerk
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The foregoing resolution is hereby approved this day of November, 2015.
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22 R. CARE DAVIS, Mayor
City of S Bernardino
23 Approved as to Form:
GARY D. SAENZ, City Attorney
24
By:
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3
2015-248
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ("MOU"), by and between Omnitrans, a
joint powers authority created via joint powers agreement dated March 8, 1976, and amended
pursuant to Section 6500, et seq., of the Government Code, and the City of San Bernardino, a
charter City (City), is made and entered into this 2nd day of
November , 2015 ("Effective Date"). Omnitrans and City are sometimes
individually referred to as "Party"' and collectively as "Parties."
WITNESSETH
WHEREAS, Omnitrans has constructed significant improvements to E Street within the
City, as part of the E Street Corridor sbX Bus Rapid Transit Project, improving the economy of
the City and to the general benefit and welfare of its citizens; and
WHEREAS, E Street, from 300' north of 10`h Street to Highland Avenue, is in need of
pavement rehabilitation to support the added bus traffic and Americans with Disability Act
(ADA) improvements, hereinafter collectively defined as Project; and
WHEREAS, Project lies completely within City limits; and
WHEREAS, City has prepared plans and special provisions (Construction Documents) for
Project; and
WHEREAS, Omnitrans has approved Construction Documents; and
WHEREAS, Omnitrans has advertised and awarded a construction contract in the amount
of$3,417,000, to Matich Corporation, for construction of Project; and
Page 1 of 10
2015-248
WHEREAS, Omnitrans, as local sponsor of Project through the Federal Transit Authority
(FTA), has agreed to contribute a combination of local and federal funds towards the successful
construction of Project, with said maximum contribution by Omnitrans towards construction of
Project totaling $3,417,000, plus a 15% construction contingency totaling $512,550, for a
combined contribution towards the construction of the Project totaling $3,929,550; and
WHEREAS, City has budgeted $410,040 towards the Project, covering 1) work or costs to
the project in excess of Omnitrans' $3,929,550 contribution, 2) work items outside of the
Project's scope, should such work be required by City during construction of the Project, and 3)
City design, inspection, and construction management costs; and
WHEREAS, City and Omnitrans desire to complete the construction of Project in a timely
manner; and
WHEREAS, City and Omnitrans wish to specify their respective responsibilities for the
construction, construction administration and inspection of Project, with this MOU providing the
framework for City and Omnitrans to cooperatively construct the Project; and
WHEREAS, City and Omnitrans possess full authority to enter into this MOU.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
SECTION I
OMNITRANS SHALL:
A. Be and is hereby designated the Lead Agency for Project.
B. Prepare and process all necessary environmental compliance required by the California
Environmental Quality Act of 1970 (CEQA), as amended, and the National Environmental
Policy Act (NEPA), as required.
Page 2 of 10
2015-248
C. Be and is hereby designated as Contracting Agent to provide FTA required funding
oversight in connection with the construction and completion of said Project.
1. Labor compliance monitoring shall be performed by and in accordance with the
Department of Industrial Relations. Reporting shall be done by the contractor
directly with the DIR. Omnitrans shall establish the reporting identification number
and provide to the contractor.
D. Cause all contractors on Project to obtain general liability and motor vehicle liability
insurance in amounts satisfactory to City. Omnitrans shall also cause City to be named as
additionally insured on insurance certificates and separate endorsements for all contracts related
to Project including construction. Copies of such certificates and endorsements shall be provided
to City prior to construction.
E. Issue official Notice to Proceed and construction start date, and provide a copy to the
City.
F. Provide all FTA funding compliance oversight for the project including Final Change
Order Approval.
G. Contract for materials testing services. Costs will be shared between Omnitrans and the
City.
H. Fully fund all Project construction, construction administration and approved contract
change orders, except for any City design, construction management, inspection cost(s), Water
Department costs, or City Project construction items added to the scope of work and/or beyond
the $3,929,550 Omnitrans' contribution for Project.
Page 3of10
2015-248
I. Provide final approval of all contract change orders (CCOs) that are necessary for the
completion of Project as shown on the Construction Documents prepared by City and approved
by Omnitrans. Omnitrans shall provide approval within a maximum of two (2) working days.
J. Receive written "Notice of Completion" prepared by City so that the contract can be
closed out.
K. Prepare and submit invoice(s) to City for any City construction item costs covering out of
scope work undertaken during the construction phase of Project, as approved by Omnitrans and
as the costs are incurred, or at completion of construction phase.
L. Have access to the work area at all times during the progress of construction of Project
within City limits for the purpose of inspection and, should Omnitrans deem any remedial
measures to be necessary, Omnitrans shall notify City thereof.
SECTION II
CITY Shall:
A. Be a Responsible Agency for Project as defined by CEQA and NEPA, and review and
not unreasonably withhold approval, in a timely manner, any CEQA or NEPA environmental
documentation prepared by Omnitrans, if such environmental document is required.
B. Be and is hereby designated as Constructing Agent to complete all tasks (with the
exception of Labor Compliance as referenced in Section I.C.1. of this MOU) necessary to
execute and deliver all documents required in connection with the construction and completion
of said Project.
Page 4of10
2015-248
C. Provide oversight and conduct all pertinent meetings, i.e. Project status, work site, final
walk through and any other meetings required to complete Project in accordance with this MOU
and the approved Construction Documents. Prepare and issue minutes for each meeting.
D. Provide all construction contract work construction management, construction oversight
and act as overall construction Project lead for all work conducted under this contract, including
review and final approval of all contractor submittals, SWPPP, materials and mix design and
submittals, all contract compliance submittals (with the exception of Labor Compliance as
referenced in Section I.C.I. of this MOU), checking, verifying, approving and providing support
to all federal and state documentation requests, and all customary construction administration
and management items as required.
E. If City encounters unknown or unforeseen hazardous materials or contamination within
Project area during Project construction, City shall immediately notify appropriate agencies of
such discovery and take appropriate remediation actions. Such remediation actions shall be as
required by local, State and Federal agencies having such jurisdiction over any encountered
hazardous materials. Omnitrans does not admit or acknowledge any liability for the presence or
handling of such materials or contamination, and reserves all rights to obtain indemnification and
reimbursement from any potentially responsible parties under local, state and federal law.
F. Prepare and issue to Omnitrans for approval all Change Order Request (COR) packets
prior to issuance to contractor for pricing. COR packets to include a detailed scope of work and
cost estimate.
G. Upon approval by Omnitrans of COR packet, issue packet to contractor for pricing.
Evaluate costs and negotiate costs prior to preparation of Contract Change Order (CCO).
Process only CCOs that are necessary for the completion of Project as shown on the
Page 5of10
2015-248
Construction Documents approved by Omnitrans and by the City. Note any plan changes on
record drawings.
H. Accept improvements under the contract for Project in writing.
I. File a written "Notice of Completion," in a form acceptable to City, immediately upon
City's written acceptance of the improvements. Said Notice of Completion shall also be filed
with County Clerk. Ten (10) days after filing Notice of Completion of Project with County
Clerk, ownership and maintenance of all Project components shall vest with City, unless
otherwise identified herein. Provide a copy to Omnitrans.
J. Provide Omnitrans, within 120 days of filing the Notice of Completion of Project, with
record as-built drawings of said Project.
K. Provide funds for design, administration, inspection, materials testing, construction, and
time impacts of any improvement elements mutually agreed in writing by Omnitrans and City to
be outside of or in addition to Project (such as roadway landscaping, street lighting beyond that
required for intersection lighting, etc., called out of scope work), as defined in this MOU.
L. Issue written Notices to Relocate to agencies/entities whose improvements/utilities may
interfere with Project, for those portions lying within City limits.
M. Issue notices to property owners of projected work.
N. Issue to Omnitrans' contractor, at no cost, encroachment permit(s), hauling permit(s),
business permit(s), traffic detouring plan approvals, water department fees, water department
permits, and any other permits for all Project work within City limits following City approval of
.applicable plans.
O. Not require issuance of a grading permit for any Project work within City limits.
Page 6 of 10
2015-248
P. Have access to the work area at all times during the progress of construction of Project
within City limits for the purpose of inspection and, should City deem any remedial measures to
be necessary, City shall notify Omnitrans thereof.
Q. Provide safety monitoring.
R. During construction period provide staff to respond to contractor's questions and provide
timely (two City working days turnaround) reviews and approvals on any items that require
City's concurrence or approval. Approval shall be withheld only for work not completed per the
approved plans and special provisions.
S. Retain, or cause to be retained, all books, documents papers, accounting records, and
other evidence pertaining to costs incurred, including support data for cost proposals, and make
such materials available at the respective offices of the City at all times during Project and for a
period of three (3) years from filing Notice of Completion for Project. Omnitrans or any duly
authorized representative of the Federal Government shall have access to any books, records, and
documents of the City that are pertinent to the contract for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
SECTION III
PAYMENTS AND FINAL ACCOUNTING:
A. City shall prepare, review, and submit for Omnitrans' approval monthly progress billings
for work completed during the prior billing cycle by Contractor.
B. Omnitrans shall pay Contractor direct (not through City) approved monthly progress
payments.
Page 7 of 10
2015-248
C. Omnitrans shall invoice City as the costs are incurred, or other basis as agreed to by City
and Omnitrans, or designees, for any City construction items, which have been previously agreed
in writing to be outside of the original approved Construction Documents per this MOU, or for
those costs that exceed Omnitrans' maximum total contribution to Project as defined elsewhere
in this MOU, and based on Omnitrans' labor reports and progress pay statements.
D. Within one hundred twenty (120) days after the acceptance of written Notice of
Completion under the contract by the City, Omnitrans shall submit to City for their records, a
Final Accounting Report for Project.
SECTION IV
It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT:
A. Upon acceptance of the improvements of Project by Omnitrans, and by City for City
portions of the Project, and under the terms of this MOU, City shall accept and resume
ownership and maintenance responsibility for the portion of Project within City limits.
B. Neither Omnitrans nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by City under or
in connection with any work, authority or jurisdiction delegated to City under this MOU. It is
also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully
indemnify, defend with counsel approved in writing and hold Omnitrans harmless from any
liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason
of anything done or omitted to be done by Omnitrans under or in connection with any work,
authority or jurisdiction delegated to City under this MOU.
Page 8 of 10
2015-248
C. Neither City nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of anything done or omitted to be done by Omnitrans under or in
connection with any work, authority or jurisdiction delegated to Omnitrans under MOU. It is
also understood and agreed that, pursuant to Government Code Section 895.4, Omnitrans shall
fully indemnify, defend with counsel approved in writing and hold City harmless from any
liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason
of anything done or omitted to be done by City under or in connection with any work, authority
or jurisdiction delegated to Omnitrans under this MOU.
D. Amendments to this MOU shall be only as agreed to by both parties in writing.
E. This MOU shall remain in full force and effect until December 31, 2016 unless
extended in writing by the parties. However, either party may cancel this MOU by providing the
other party such written notice forty-five (45) calendar days in advance of such cancellation.
F. Any notice, request or demand made between the parties pursuant to this MOU is to be
directed as follows:
CITY OF SAN BERNARDINO OMNITRANS
City Hall-Public Works Department 1700 West 5t" Street
300 North"D" Street San Bernardino, CA 92411
San Bernardino, CA 92418-0001 Attn: Program Manager
Attn: Director of Public Works
[Signatures on the following page]
Page 9 of 10
2015-248
MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and
date first above written.
OMNITRANS CITY OF SAN BERNARDINO
Corporate entity:
By. BY:
Allen J. Parker, City Manager
CEO/General Manager City of San Bernardino
Dated:
APPROVED AS TO LEGAL FORM: ATTEST:
By: Georgeann Hanna
Legal Counsel City Clerk
APPROVED AS TO FORM:
,S;� 'Z
Gary D. Saenz, City Attorney
Page 10 of 10
2015-248
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ("MOU"), by and between Omnitrans, a
joint powers authority created via joint powers agreement dated March 8, 1976, and amended
pursuant to Section 6500, et seq., of the Government Code, and the City of San Bernardino, a
charter City (City), is made and entered into this 2nd day of
November , 2015 ("Effective Date"). Omnitrans and City are sometimes
individually referred to as"Party"' and collectively as"Parties."
WITNESSETH
WHEREAS, Omnitrans has constructed significant improvements to E Street within the
City, as part of the E Street Corridor sbX Bus Rapid Transit Project, improving the economy of
the City and to the general benefit and welfare of its citizens; and
WHEREAS, E Street, from 300' north of 10th Street to Highland Avenue, is in need of
pavement rehabilitation to support the added bus traffic and Americans with Disability Act
(ADA) improvements, hereinafter collectively defined as Project; and
WHEREAS, Project lies completely within City limits; and
WHEREAS, City has prepared plans and special provisions (Construction Documents) for
Project; and
WHEREAS, Omnitrans has approved Construction Documents; and
WHEREAS, Omnitrans has advertised and awarded a construction contract in the amount
of$3,417,000, to Matich Corporation, for construction of Project; and
Page 1 of 10
2015-248
WHEREAS, Omnitrans, as local sponsor of Project through the Federal Transit Authority
(FTA), has agreed to contribute a combination of local and federal funds towards the successful
construction of Project, with said maximum contribution by Omnitrans towards construction of
Project totaling $3,417,000, plus a 15% construction contingency totaling $512,550, for a
combined contribution towards the construction of the Project totaling $3,929,550; and
WHEREAS, City has budgeted $410,040 towards the Project, covering 1) work or costs to
the project in excess of Omnitrans' $3,929,550 contribution, 2) work items outside of the
Project's scope, should such work be required by City during construction of the Project, and 3)
City design, inspection, and construction management costs; and
WHEREAS, City and Omnitrans desire to complete the construction of Project in a timely
manner; and
WHEREAS, City and Omnitrans wish to specify their respective responsibilities for the
construction, construction administration and inspection of Project, with this MOU providing the
framework for City and Omnitrans to cooperatively construct the Project; and
WHEREAS, City and Omnitrans possess full authority to enter into this MOU.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
SECTION I
OMNITRANS SHALL:
A. Be and is hereby designated the Lead Agency for Project.
B. Prepare and process all necessary environmental compliance required by the California
Environmental Quality Act of 1970 (CEQA), as amended, and the National Environmental
Policy Act (NEPA), as required.
Page 2 of 10
LU15-L4tS
C. Be and is hereby designated as Contracting Agent to provide FTA required funding
oversight in connection with the construction and completion of said Project.
1. Labor compliance monitoring shall be performed by and in accordance with the
Department of Industrial Relations. Reporting shall be done by the contractor
directly with the DIR. Omnitrans shall establish the reporting identification number
and provide to the contractor.
D. Cause all contractors on Project to obtain general liability and motor vehicle liability
insurance in amounts satisfactory to City. Omnitrans shall also cause City to be named as
additionally insured on insurance certificates and separate endorsements for all contracts related
to Project including construction. Copies of such certificates and endorsements shall be provided
to City prior to construction.
E. Issue official Notice to Proceed and construction start date, and provide a copy to the
City.
F. Provide all FTA funding compliance oversight for the project including Final Change
Order Approval.
G. Contract for materials testing services. Costs will be shared between Omnitrans and the
City.
H. Fully fund all Project construction, construction administration and approved contract
change orders, except for any City design, construction management, inspection cost(s), Water
Department costs, or City Project construction items added to the scope of work and/or beyond
the $3,929,550 Omnitrans' contribution for Project.
Page -3) of 10
2015-248
I. Provide final approval of all contract change orders (CCOs) that are necessary for the
completion of Project as shown on the Construction Documents prepared by City and approved
by Omnitrans. Omnitrans shall provide approval within a maximum of two (2) working days.
J. Receive written "Notice of Completion" prepared by City so that the contract can be
closed out.
K. Prepare and submit invoice(s) to City for any City construction item costs covering out of
scope work undertaken during the construction phase of Project, as approved by Omnitrans and
as the costs are incurred, or at completion of construction phase.
L. Have access to the work area at all times during the progress of construction of Project
within City limits for the purpose of inspection and, should Omnitrans deem any remedial
measures to be necessary, Omnitrans shall notify City thereof.
SECTION II
CITY Shall:
A. Be a Responsible Agency for Project as defined by CEQA and NEPA, and review and
not unreasonably withhold approval, in a timely manner, any CEQA or NEPA environmental
documentation prepared by Omnitrans, if such environmental document is required.
B. Be and is hereby designated as Constructing Agent to complete all tasks (with the
exception of Labor Compliance as referenced in Section I.C.1. of this MOU) necessary to
execute and deliver all documents required in connection with the construction and completion
of said Project.
Page 4 of 10
2015-248
C. Provide oversight and conduct all pertinent meetings, i.e. Project status, work site, final
walk through and any other meetings required to complete Project in accordance with this MOU
and the approved Construction Documents. Prepare and issue minutes for each meeting.
D. Provide all construction contract work construction management, construction oversight
and act as overall construction Project lead for all work conducted under this contract, including
review and final approval of all contractor submittals, SWPPP, materials and mix design and
submittals, all contract compliance submittals (with the exception of Labor Compliance as
referenced in Section I.C.I I. of this MOU), checking, verifying, approving and providing support
to all federal and state documentation requests, and all customary construction administration
and management items as required.
E. If City encounters unknown or unforeseen hazardous materials or contamination within
Project area during Project construction, City shall immediately notify appropriate agencies of
such discovery and take appropriate remediation actions. Such remediation actions shall be as
required by local, State and Federal agencies having such jurisdiction over any encountered
hazardous materials. Omnitrans does not admit or acknowledge any liability for the presence or
handling of such materials or contamination, and reserves all rights to obtain indemnification and
reimbursement from any potentially responsible parties under local, state and federal law.
F. Prepare and issue to Omnitrans for approval all Change Order Request (COR) packets
prior to issuance to contractor for pricing. COR packets to include a detailed scope of work and
cost estimate.
G. Upon approval by Omnitrans of COR packet, issue packet to contractor for pricing.
Evaluate costs and negotiate costs prior to preparation of Contract Change Order (CCO).
Process only CCOs that are necessary for the completion of Project as shown on the
Page 5 of 10
2015-248
Construction Documents approved by Omnitrans and by the City. Note any plan changes on
record drawings.
H. Accept improvements under the contract for Project in writing.
I. File a written "Notice of Completion," in a form acceptable to City, immediately upon
City's written acceptance of the improvements. Said Notice of Completion shall also be filed
with County Clerk. Ten (10) days after filing Notice of Completion of Project with County
Clerk, ownership and maintenance of all Project components shall vest with City, unless
otherwise identified herein. Provide a copy to Omnitrans.
J. Provide Omnitrans, within 120 days of filing the Notice of Completion of Project, with
record as-built drawings of said Project.
K. Provide funds for design, administration, inspection, materials testing, construction, and
time impacts of any improvement elements mutually agreed in writing by Omnitrans and City to
be outside of or in addition to Project (such as roadway landscaping, street lighting beyond that
required for intersection lighting, etc., called out of scope work), as defined in this MOU.
L. Issue written Notices to Relocate to agencies/entities whose improvements/utilities may
interfere with Project, for those portions lying within City limits.
M. Issue notices to property owners of projected work.
N. Issue to Omnitrans' contractor, at no cost, encroachment permit(s), hauling permit(s),
business permit(s), traffic detouring plan approvals, water department fees, water department
permits, and any other permits for all Project work within City limits following City approval of
.applicable plans.
O. Not require issuance of a grading permit for any Project work within City limits.
Page 6 of 10
2015-248
P. Have access to the work area at all times during the progress of construction of Project
within City limits for the purpose of inspection and, should City deem any remedial measures to
be necessary, City shall notify Omnitrans thereof.
Q. Provide safety monitoring.
R. During construction period provide staff to respond to contractor's questions and provide
timely (two City working days turnaround) reviews and approvals on any items that require
City's concurrence or approval. Approval shall be withheld only for work not completed per the
approved plans and special provisions.
S. Retain, or cause to be retained, all books, documents papers, accounting records, and
other evidence pertaining to costs incurred, including support data for cost proposals, and make
such materials available at the respective offices of the City at all times during Project and for a
period of three (3) years from filing Notice of Completion for Project. Omnitrans or any duly
authorized representative of the Federal Government shall have access to any books, records, and
documents of the City that are pertinent to the contract for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
SECTION III
PAYMENTS AND FINAL ACCOUNTING:
A. City shall prepare, review, and submit for Omnitrans' approval monthly progress billings
for work completed during the prior billing cycle by Contractor.
B. Omnitrans shall pay Contractor direct (not through City) approved monthly progress
payments.
Page 7 of 10
2015-248
C. Omnitrans shall invoice City as the costs are incurred, or other basis as agreed to by City
and Omnitrans, or designees, for any City construction items, which have been previously agreed
in writing to be outside of the original approved Construction Documents per this MOU, or for
those costs that exceed Omnitrans' maximum total contribution to Project as defined elsewhere
in this MOU, and based on Omnitrans' labor reports and progress pay statements.
D. Within one hundred twenty (120) days after the acceptance of written Notice of
Completion under the contract by the City, Omnitrans shall submit to City for their records, a
Final Accounting Report for Project.
SECTION IV
It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT:
A. Upon acceptance of the improvements of Project by Omnitrans, and by City for City
portions of the Project, and under the terms of this MOU, City shall accept and resume
ownership and maintenance responsibility for the portion of Project within City limits.
B. Neither Omnitrans nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by City under or
in connection with any work, authority or jurisdiction delegated to City under this MOU. It is
also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully
indemnify, defend with counsel approved in writing and hold Omnitrans harmless from any
liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason
of anything done or omitted to be done by rags under or in connection with any work,
A
authority or jurisdiction delegated to City under this MOU.
Page 8of10
2015-248
C. Neither City nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of anything done or omitted to be done by Omnitrans under or in
connection with any work, authority or jurisdiction delegated to Omnitrans under MOU. It is
also understood and agreed that, pursuant to Government Code Section 895.4, Omnitrans shall
fully indemnify, defend with counsel approved in writing and hold City harmless from any
liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason
G al n:Wo-VLS
of anything done or omitted to be done by,011'— under or in connection with any work, authority
n
or jurisdiction delegated to Omnitrans under this MOU.
D. Amendments to this MOU shall be only as agreed to by both parties in writing.
E. This MOU shall remain in full force and effect until December 31, 2016 unless
extended in writing by the parties. However, either party may cancel this MOU by providing the
other party such written notice forty-five (45) calendar days in advance of such cancellation.
F. Any notice, request or demand made between the parties pursuant to this MOU is to be
directed as follows:
CITY OF SAN BERNARDINO OMNITRANS
City Hall-Public Works Department 1700 West 5th Street
300 North"D" Street San Bernardino, CA 92411
San Bernardino, CA 92418-0001 Attn: Program Manager
Attn: Director of Public Works
[Signatures on the following page]
Page 9 of 10
2015-248
MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and
date first above written.
OMNITRANS CITY OF SAN BERNARDINO
Corporate entity:
By: / BY: - —
CEO/General Manager Al en J. Parker, City Manager
City of San Bernardino
Dated:
APPROVED AS TO LEG ATTEST:
Legal Co ns 1 orgeann H a'
City Clerk
APPROVED AS TO FORM:
14'e, 6'Fr" 'z-
Gary D. Saenz, City Attorney
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