HomeMy WebLinkAbout05.M- Public Works RESOLUTION (ID # 4019) DOC ID: 4019 E
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Marlene Miyoshi M/CC Meeting Date: 11/02/2015
Prepared by: Ted Rigoni, (909) 384-5198
Dept: Public Works Ward(s): 2
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
a Memorandum of Understanding with Omnitrans Covering the Construction and
Construction Management, Administration, and Inspection of the "E" Street
Improvement Project, from 10Th Street to Highland Avenue. (#4019)
Current Business Registration Certificate: Not Applicable
Financial Impact:
On August 17, 2015, via Resolution No. 2015-192, Common Council appropriated
$410,040 of Fund 126 HUTA (Gas Tax) to the E Street Improvement Project.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
City Resolution No. 2015-192, on August 17, 2015, appropriated $410,040 towards the
administration, inspection and for select construction work for this Project.
Background:
On September 21, 2009 a Master Agreement (MCC Resolution No. 2009-326 and
CDC/2009-55) between Omnitrans, the City of San Bernardino, and the Redevelopment
Agency of the City of San Bernardino was executed, detailing the construction and
operation of the sbX Bus Rapid Transit Project. The work for this project is largely
completed, except for the portion of"E" street, from 300' North of 10th Street to Highland
Avenue, which is herein after referred to as the "E" Street Improvement Project," or
"Project."
Omnitrans awarded the construction contract for the "E" Street Improvement Project to
Matich Corporation, in May 2015, for$3,417,000. In addition, Omnitrans added a 15%
construction contingency to the Project, or an additional $512,550. Thus Omnitrans has
committed to contribute a total of$3,929,550 towards the construction cost of the
Project.
The Project includes construction of various concrete improvements on E Street,
including curb ramps, sidewalks, driveway approaches, curb and gutter, reconstruction
of asphalt concrete pavement, resurfacing, striping, water line and other utility
relocations, etc.
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On August 17, 2015, Common Council approved a City of San Bernardino financial
Updated: 10/29/2015 by Georgeann "Gigi" Hanna E Packet P .347
4019
commitment to the construction of the Project, to provide inspection/ administration,
calculated at 7% of construction cost, or $239,190, and for work that may be necessary
during construction which is outside of the Project's scope of work, such as replacing
deteriorated electrical conduit for traffic signals/street lighting, reconstruction of
damaged sidewalk outside the Project's limits, etc. It is estimated that this may amount
up to approximately 5% of the construction cost, or$170,850.
These two amounts total $410,040, and were appropriated by the City via Resolution
No. 2015-192 by the referenced Council action.
Omnitrans' formal role in the construction of the Project, on behalf of the City, includes
construction Contracting Agent, and oversight of the construction work. This role
includes ensuring all federal requirements are met, and issuing payment direct to the
contractor, for approved contract progress payment billings. The City will provide
construction administration and management services, overall lead for day to day
inspection and quality assurance, will make recommendations to Omnitrans for
construction contract change orders and payment of the contractor's progress payment
invoicing.
The attached Memorandum of Understanding is to provide the working framework that
will allow the City and Omnitrans to work cooperatively to complete the construction of
this Project.
City Attorney Review:
Supporting Documents:
Omnitrans and City Resolution for construction MOU (DOCX)
agrmt 4019 (PDF)
Updated: 10/29/2015 by Georgeann "Gigi" Hanna E
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RESOLUTION NO. 0
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING WITH
3 OMNITRANS COVERING THE CONSTRUCTION AND CONSTRUCTION 0
MANAGEMENT, ADMINISTRATION, AND INSPECTION OF THE "E" STREET L
4 IMPROVEMENT PROJECT,FROM 10TH STREET TO HIGHLAND AVENUE. -
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WHEREAS, Omnitrans awarded a construction contract for the `B" Street N
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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. E
8 Omnitrans has committed to contribute a total of$3,929,550 towards the construction cost of
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the Project; and
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WHEREAS,the Mayor and Common Council adopted Resolution No. 2015-192 on M
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August 17, 2015,which appropriated$410,040 towards the administration, inspection and
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select construction work for the Project; and o
12 WHEREAS,the Project includes construction of various concrete improvements, N
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13 including curb ramps, sidewalks, driveway approaches, curb and gutters,reconstruction of 2
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asphalt concrete pavement,resurfacing, striping, utility relocations, etc. on"E" Street from l Ocn
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Street to Highland Avenue; and
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15 WHEREAS, Omnitrans and the City are working cooperatively on the construction of �
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16 the Project. Omnitrans' formal role in the construction of the Project includes funding the work u
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17 via a combination of local and federal funds, overall lead for construction contract
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18 administration and construction management, and oversight of the construction work. The City o
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will cover the cost of out of scope construction work,provide construction inspection and
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quality assurance, and will make recommendations for construction contract change orders and 2
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20 payment of the contractor's progress payment invoicing; and
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21 WHEREAS,the Parties wish to specify their respective responsibilities for the v
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 0
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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 0
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4 Memorandum of Understanding with Omnitrans, attached and incorporated herein as "Exhibit 0
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SECTION 2. The authorization to execute the Memorandum of Understanding is c°
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rescinded if it is not executed within 90 days from the date of adoption of this Resolution. w
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN o
2 BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING WITH L
OMNITRANS COVERING THE CONSTRUCTION AND CONSTRUCTION y
3 MANAGEMENT, ADMINISTRATION, AND INSPECTION OF THE "E" STREET v
IMPROVEMENT PROJECT, FROM 10TH STREET TO HIGHLAND AVENUE. `o
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting thereof, held on the =
day of , 2015,by the following vote,to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT 3
9 MARQUEZ °
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BARRIOS
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VALDIVIA
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NICKEL
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15 JOHNSON 0
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18 Georgeann Hanna, City Clerk o
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20 The foregoing resolution is hereby approved this day of , 2015. 0
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22 R. CAREY DAVIS, Mayor
City of San Bernardino =
23 Approved as to Form: w
GARY D. SAENZ, City Attorney
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By:
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MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ("MOU"), by and between Omnitrans, a
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joint powers authority created via joint powers agreement dated March S, 1976, and amended
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pursuant to Section 6500, et seq., of the Government Code, and the City of San Bernardino, a a
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charter City (City), is made and entered into this day of
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2015. ("Effective Date"). Omnitrans and City are sometimes w
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individually referred to as "Party"'and collectively as "Parties." o
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WHEREAS, Omnitrans has constructed significant improvements to E Street within the a
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City, as part of the E Street Corridor sbX Bus Rapid Transit Project, improving the economy of
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the City and to the general benefit and welfare of its citizens; and E
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WHEREAS, E Street, from 300' north of 10th Street to Highland Avenue, is in need of 3
pavement rehabilitation to support the added bus traffic and Americans with Disability Act m
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(ADA) improvements, hereinafter collectively defined as Project; and
WHEREAS, Project lies completely within City limits; and
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WHEREAS, City has prepared plans and special provisions (Construction Documents) for
Project; and a�
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WHEREAS, Omnitrans has approved Construction Documents;and a
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WHEREAS, Omnitrans has advertised and awarded a construction contract in the amount Y
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of$3,417,000,to Matich Corporation,for construction of Project; and
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WHEREAS, Omnitrans, as Iocal 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
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Project totaling $3,417,000, plus a 15% construction contingency totaling $512,550, for a
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combined contribution towards the construction of the Project totaling$3,929,550; and 0
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WHEREAS, City has budgeted$410,040 towards the Project, covering 1) work or costs to
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the project in excess of Omnitrans' $3,929,550 contribution, 2) work items outside of the w
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Project's scope, should such work be required by City during construction of the Project, and 3) o
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City design, inspection, and construction management costs; and
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WHEREAS, City and Omnitrans desire to complete the construction of Project in a timely v
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manner and ._
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WHEREAS, City and Omnitrans wish to specify their respective responsibilities for the
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construction, construction administration and inspection of Project, with this MOU providing the
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framework for City and Omnitrans to cooperatively construct the Project; and 0
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WHEREAS, City and Omnitrans possess full authority to enter into this MOU. 3
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NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 0
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SECTION I CD
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OMNITRANS SHALL:
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A. Be and is hereby designated the Lead Agency for Project.
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B. Prepare and process all necessary environmental compliance required by the California
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Environmental Quality Act of 1970 (CEQA), as amended, and the National Environmental Q
Policy Act(NEPA), as required.
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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
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Department of Industrial Relations. Reporting shall be done by the contractor
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directly with the DIR. Omnitrans shall establish the reporting identification number 0
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and provide to the contractor.
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D. Cause all contractors on Project to obtain general liability and motor vehicle liability w
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insurance in amounts satisfactory to City. Omnitrans shall also cause City to be named as o
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additionally insured on insurance certificates and separate endorsements for all contracts related N
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to Project including construction. Copies of such certificates and endorsements shall be provided u
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to City prior to construction. >'
E. Issue official Notice to Proceed and construction start date, and provide a copy to the
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City.
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F. Provide all FTA funding compliance oversight for the project including Final Change 0
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Order Approval. 3
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G. Contract for materials testing services. Costs will be shared between Omnitrans and the p
City.
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H. Fully fund all Project construction, construction administration and approved contract o,
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change orders, except for any City design, construction management, inspection cost(s), Water
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Department costs, or City Project construction items added to the scope of work and/or beyond
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the $3,929,550 Omnitrans' contribution for Project. E
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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.
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J. Receive written "Notice of Completion" prepared by City so that the contract can be
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closed out. 0
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K. Prepare and submit invoice(s)to City for any City construction item costs covering out of
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scope work undertaken during the construction phase of Project, as approved by Omnitrans and w
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as the costs are incurred, or at completion of construction phase. o
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L. Have access to the work area at all times during the progress of construction of Project N
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within City limits for the purpose of inspection and, should Omnitrans deem any remedial v
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measures to be necessary, Omnitrans shall notify City thereof.
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SECTION lI
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CITY Shall: O
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A. Be a Responsible Agency for Project as defined by CEQA and NEPA, and review and 3
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not unreasonably withhold approval, in a timely manner, any CEQA or NEPA environmental p
documentation prepared by Omnitrans, if such environmental document is required.
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B. Be and is hereby designated as Constructing Agent to complete all tasks (with the
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exception of Labor Compliance as referenced in Section I.C.1. of this MOU) necessary to E
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execute and deliver all documents required in connection with the construction and completion r
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of said Project. E
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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
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and act as overall construction Project lead for all work conducted under this contract, including 0
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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 w
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referenced in Section I.C.I. of this MOU), checking, verifying, approving and providing support r-
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to all federal and state documentation requests, and all customary construction administration N
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and management items as required.
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E. If City encounters unknown or unforeseen hazardous materials or contamination within
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Project area during Project construction, City shall immediately notify appropriate agencies of v
such discovery and take appropriate remediation actions. Such remediation actions shall be as w
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required by local, State and Federal agencies having such jurisdiction over any encountered o
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hazardous materials. Omnitrans does not admit or acknowledge any liability for the presence or 3
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handling of such materials or contamination, arid reserves all rights to obtain indemnification and 0
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reimbursement from any potentially responsible parties under local, state and federal law. CD
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F. Prepare and issue to Omnitrans for approval all Change Order Request (COR) packets
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prior to issuance to contractor for pricing. COR packets to include a detailed scope of work and
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cost estimate.
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G. Upon approval by Omnitrans of COR packet, issue packet to contractor for pricing. E
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Evaluate costs and negotiate costs prior to preparation of Contract Change Order (CCO). Q
Process only CCOs that are necessary for the completion of Project as shown on the
Page 5 of 10 Packet Pg. 356
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.
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I. File a written "Notice of Completion," in a form acceptable to City, immediately upon
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City's written acceptance of the improvements. Said Notice of Completion shall also be filed a
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with County Clerk. Ten (10) days after filing Notice of Completion of Project with County
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Clerk, ownership and maintenance of all Project components shall vest with City, unless W
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otherwise identified herein. Provide a copy to Omnitrans. o
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J. Provide Omnitrans, within 120 days of filing the Notice of Completion of Project, with 2
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record as-built drawings of said Project.
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K. Provide funds for design, administration, inspection, materials testing, construction, and >'
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time impacts of any improvement elements mutually agreed in writing by Omnitrans and City to 0
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be outside of or in addition to Project (such as roadway landscaping, street lighting beyond that
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required for intersection lighting, etc., called out of scope work), as defined in this MOU. 0
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L. Issue written Notices to Relocate to agencies/entities whose improvements/utilities may
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interfere with Project, for those portions lying within City limits. p
M. Issue notices to property owners of projected work. 0)
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N. Issue to Omnitrans' contractor, at no cost, encroachment permit(s), hauling permit(s), a,
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business permit(s), traffic detouring plan approvals, water department fees, water department
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permits, and any other permits for all Project work within City limits following City approval of M
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.applicable plans.
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0. Not require issuance of a grading permit for any Project work within City limits. Q
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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.
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Q. Provide safety monitoring. _
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R. During construction period provide staff to respond to contractor's questions and provide °
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timely (two City working days turnaround) reviews and approvals on any items that require
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City's concurrence or approval. Approval shall be withheld only for work not completed per the w
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approved plans and special provisions. c
S. Retain, or cause to be retained, all books, documents papers, accounting records, and
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other evidence pertaining to costs incurred, including support data for cost proposals, and make
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such materials available at the respective offices of the City at all times during Project and fora �
period of three (3) years from filing Notice of Completion for Project. Omnitrans or any duly M
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authorized representative of the Federal Government shall have access to any books,records, and
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documents of the City that are pertinent to the contract for audits, examinations, excerpts, and 0
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transactions,and copies thereof shall be furnished if requested.
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SECTION III
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PAYMENTS AND FINAL ACCOUNTING:
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A. City shall prepare,review, and submit for Omnitrans' approval monthly progress billings E
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for work completed during the prior billing cycle by Contractor.
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B. Omnitrans shall pay Contractor direct (not through City) approved monthly progress
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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
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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. Q
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D. Within one hundred twenty (120) days after the acceptance of written Notice of
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Completion under the contract by the City, Omnitrans shall submit to City for their records, a w
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Final Accounting Report for Project. o
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SECTION IV
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It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT: v
A. Upon acceptance of the improvements of Project by Omnitrans, and by City for City
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portions of the Project, and Linder the terms of this MOU, City shall accept and resume to
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ownership and maintenance responsibility for the portion of Project within City limits. 0
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B. Neither Omnitrans nor any officer or employee thereof shall be responsible for any
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damage or liability occurring by reason of anything done or omitted to be done by City under or p
in connection with any work, authority or jurisdiction delegated to City under this MOU. It is
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also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully
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indemnify, defend with counsel approved in writing and hold Omnitrans harmless from any E
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liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason
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of anything done or omitted to be done by Omnitrans under or in connection with any work,
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authority or jurisdiction delegated to City under this MOU.
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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 c.
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liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason
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of anything done or omitted to be done by City under or in connection with any work, authority w
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or jurisdiction delegated to Omnitrans under this MOU. o
D. Amendments to this MOU shall be only as agreed to by both parties in writing. N
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E. This MOU shall remain in full force and effect until December 31, 2016 unless v
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extended in writing the parties. However, either art may cancel this MOU b >'
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other party such written notice forty-five(45) calendar days in advance of such cancellation.
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F. Any notice, request or demand made between the parties pursuant to this MOU is to be
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directed as follows: 0
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CITY OF SAN BERNARDINO OMNITRANS 3
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City Hall-Public Works Department 1700 West 5 I Street
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300 North"D" Street San Bernardino, CA 92411
San Bernardino, CA 92418-0001 Attn: Program Manager CD
Attn: Director of Public Works C)
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[Signatures on the following page]
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Page 9 of 10 PacketPg�360 .
MEMORANDUM OF UNDERSTANDING
IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and
date first above written.
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OMNITRANS CITY OF SAN BERNARDINO
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Corporate entity: E
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By: BY: '
CEO/General Manager Allen J.Parker,City Manager w
City of San Bernardino 0
Dated: o
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APPROVED AS TO LEGAL FORM: ATTEST: c
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By: M
Legal Counsel Georgeann Hanna a
City Clerk c
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APPROVED AS TO FORM: 0
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Gary D.Saenz,City Attorney
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