HomeMy WebLinkAbout2017-1791
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RESOLUTION NO. 2017-179
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO GMZ
ENGINEERING INC. FOR INSTALLATION OF DEBRIS NETTING UNDER THE
MT. VERNON BRIDGE AT THE BNSF RAIL YARD (BRIDGE NO. 54C-0066) PER
PLAN NO. 13154
WHEREAS, the City desires to install debris netting under the Mt. Vernon Bridge at
the BNSF rail yard (Bridge No. 54C-0066 (Project);
WHEREAS, the City, on July 31, 2017, a request for bids for said Project was sent to
a total of eleven (11) contractors;
WHEREAS, on August 10, 2017, bids were received from two (2) contractors; and
WHEREAS, the bid submitted by GMZ Engineering Inc. has been determined to be
the lowest responsible bid and the bid best meeting the needs of the City.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. GMZ Engineering Inc., 5739 Kanan Road. #134, Agoura Hills, CA
91301, submitted the lowest responsive and responsible bid for installation of debris netting
under the Mt. Vernon Bridge at the BNSF rail yard (Bridge No. 54C-0066) per Plan No.
13154.
SECTION 2. The City Manager is hereby authorized and directed to execute a
Contract with GMZ Engineering Inc., a copy of which is attached hereto and identified as
Exhibit "A", and incorporated herein by reference as fully as though set forth at length.
SECTION 3. Pursuant to this determination, the Director of Finance or designee is
hereby authorized to issue a Purchase Order to GMZ Engineering Inc. for installation of
debris netting under the Mt. Vernon Bridge at the BNSF rail yard (Bridge No. 54C-0066) per
Plan No. 13154, in the amount of $96,020.00 with a contingency amount of $12,180.00.
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SECTION 4. The Purchase Order shall reference this Resolution and shall read,
"GMZ Engineering Inc. for installation of debris netting under the Mt. Vernon Bridge at the
BNSF rail yard (Bridge No. 54C-0066) per Plan No. 13154, not to exceed $96,020.00" and
shall incorporate the terms and conditions of this Resolution.
SECTION 5. Said Contract shall not take effect or become operative until fully
signed and executed by the parties and no party shall be obligated hereunder until the time of
such full execution. No oral agreements, amendments, modifications or waivers are intended
or authorized and shall not be implied from any act or course of conduct of any party.
SECTION 6. The authorization to execute said Agreement is rescinded if the parties
to the contract fail to execute it within sixty (60) days of passage of this Resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO GMZ
ENGINEERING INC. FOR INSTALLATION OF DEBRIS NETTING UNDER THE
MT. VERNON BRIDGE AT THE BNSF RAIL YARD (BRIDGE NO. 54C-0066) PER
PLAN NO. 13154
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
20th day of September 2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
XM
X
xs
X
X
X
x
ABSTAIN ABSENT
Georgea Hanna, 4W, City Clerk
The foregoing Resolution is hereby approved this 20th day of September 2017.
R. Carey DWernardino
' , Mayor
City of San
Approved as to form:
Gary D. Saenz, City Attorney
By
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EXHIBIT "A"
CONTRACT FOR
FOR INSTALLATION OF DEBRIS NETTING UNDER THE MT.
VERNON BRIDGE AT THE BNSF RAIL YARD (BRIDGE NO. 54C-0066)
PER PLAN NO. 13154
THIS CONTRACT is made and entered into effective as of September 20, 2017
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"),
and GMZ ENGINEERING INC. ("CONTRACTOR").
WITNESSETH:
A. WHEREAS, CITY warrants that it is the owner of the Mt. Vernon Bridge (Bridge No
54C-0066); and
B. WHEREAS, the CITY is designing a project (CIP No. SSO4-012) to replace the aging
structure; and
C. WHEREAS, CITY has received complaints from personnel of the Burlington Northern
Santa Fe (BNSF) Railway who are required to work under the bridge of falling concrete; and
G. WHEREAS, to mitigate falling concrete into the BNSF work area pending bridge
replacement, CITY is proposing to install debris netting at 10 location where falling concrete has
been observed; and
H. WHEREAS, CONTRACTOR has submitted the lowest and best bid for installation of
debris netting under the Mt. Vernon bridge at the BNSF Rail Yard (Bridge No. 54C-0066) per
Plan No. 13154; and
I. WHEREAS, CONTRACTOR represents and warrants that it has the specialized expertise
and experience required to provide the contractual services contemplated and holds all necessary
licenses to practice and perform the services contemplated in this Contract; and
J. WHEREAS, CITY and CONTRACTOR desire to contract for the performance of the
services described below and as attached, and desire to set forth their rights, duties and liabilities
concerning the performance of the services; and
K. WHEREAS, no official or employee of CITY has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Contract.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained in this Contract, the parties hereby agree as follows:
EXIIIBIT "A"
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scone of Services. CONTRACTOR shall furnish all labor, materials and
equipment for installation of debris netting under the Mt. Vernon bridge at the BNSF rail yard
(Bridge No. 54C-0066) per Plan No. 13154 as indicated in CONTRACTOR's proposal dated
July 31, 2017, marked Attachment "A" and attached and incorporated herein.
1.2. Professional Practices. All services to be provided by CONTRACTOR pursuant to
this Contract shall be provided by personnel experienced in their respective fields and in a manner
consistent with the standards of care, diligence and skill ordinarily exercised by Contractors in
similar fields and circumstances in accordance with sound professional practices.
The CONTRACTOR shall perform all work in accordance with the Standard
Specifications for Public Works Construction (Latest Edition), Caltrans Standard Specifications
and as directed by the Engineer. If changed or unexpected conditions are encountered,
CONTRACTOR shall immediately stop work and consult with the City Engineer.
CONTRACTOR shall exercise due care moving men, equipment and material into and
out of the existing structure. Damage to the existing building or related facilities due to neglect
on the part of the CONTRACTOR shall be repaired to the satisfaction of the City Engineer and
paid for by the CONTRACTOR.
CONTRACTOR warrants that it is familiar with all laws that may affect its performance
of this Contract and shall advise CITY of any changes in any laws that may affect
CONTRACTOR's performance of this Contract. CONTRACTOR further warrants that it and its
personnel shall have no professional, personal, or other affiliation with or connection to any
property owner or any other person or entity connected with the project that could interfere with
CONTRACTOR's performance of its obligation to perform the work.
1.3. Warrant,,. CONTRACTOR warrants that it shall perform the services required by
this Contract in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation insurance
and safety in employment; and all other Federal, State and local laws and ordinances applicable
to the services required under this Contract.
Section 1774 of the California Labor Code requires that CONTRACTOR, and any
subcontractor under it, pay not less than the specified prevailing rates of wages to all workmen
employed in the execution of this Contract. Said prevailing rates of wages shall conform to
Section 1773 of the California Labor Code. The general prevailing wage rates in the county in
which the work is to be done have been determined by the Director of the California Department
of Industrial Relations. These wages are available from the California Department of Industrial
Relations' Internet web site at http://www.dir.ca.gov/dirdatabases.html.
The Mayor and the Common Council of the CITY of San Bernardino, by Resolution No.
90-358 and any and all amendments thereto, have ascertained and determined the general
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prevailing rate of per diem wages, and the per diem wages for legal holidays and overtime work
for each craft or type of work or workman needed in the execution of contracts under the
jurisdiction of the Mayor and Common Council. Copies of the prevailing rate of per diem wages
are on file at the City Engineer's office, and shall be made available to any interested party on
request.
CONTRACTOR's attention is directed to the following provisions of Labor Code Section
1776. CONTRACTOR shall be responsible for the compliance with these provisions by all
subcontractors.
(a) CONTRACTOR and all subcontractors shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight
time, and overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed by him
or her in connection with all work performed under this Contract.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be
available for inspection at all reasonable hours at the principal office of
CONTRACTOR on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for
inspection or furnished to such employee or his or her authorized
representative on request.
(c) CONTRACTOR shall file a certified copy of the records enumerated in subdivision
(a) with the CITY's Construction Engineer on a weekly basis. It will be
CONTRACTOR's responsibility to submit the records enumerated in subdivision
(a) for all subcontractors, in addition to its own employees. Failure to submit the
records enumerated in subdivision (a) on a timely basis shall constitute good and
sufficient reason for withholding the partial payments for work accomplished.
CONTRACTOR shall defend, indemnify, and hold harmless the City of San Bernardino
from and against all claims, demands, payments, suits, actions, proceedings, and judgments of
every nature and description including attorneys' fees and costs, presented, brought, or recovered
against the CITY for, or on account of any liability under any of the above-mentioned laws,
which may arise out of CONTRACTOR's performance under this Contract.
1.4. Non-discrimination. In performing this Contract, CONTRACTOR shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons because
of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition,
marital status, sexual gender or sexual orientation, or on any other basis prohibited by law,
except as permitted pursuant to Section 12940 of the California Government Code. Violation of
this provision may result in the imposition of penalties referred to in California Labor Code,
Section 1735.
1.5 Non -Exclusive Contract. CONTRACTOR acknowledges that CITY may enter
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EXHIBIT "A"
into Contracts to have other contractors perform, or may have CITY's own employees perform,
services that are similar to the services to be performed under this Contract.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY.
1.7. Business License. CONTRACTOR shall obtain and maintain a valid CITY
Business Registration Certificate during the term of this Contract.
1.8. Dut • of Lovalt y/Conflict of Interest: The CONTRACTOR understands and agrees
that as the CITY's representative the CONTRACTOR shall maintain a fiduciary duty and a duty
of loyalty to the CITY in performing CONTRACTOR's obligations under this Agreement.
CONTRACTOR, in performing its obligations under this Agreement, is governed by
California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2,
California Code of Regulations Section 18700 et seq.
1.8.1 Prior to performing any services to CITY under this Agreement, CONTRACTOR
shall provide the City Engineer a written list of the Assessor Parcel Numbers and general
location or address of any and all real property located in the City of San Bernardino in which
CONTRACTOR has any ownership interest, or which is the location of any pending project that
is a source of income for CONTRACTOR. CONTRACTOR shall keep this list current on a
monthly basis during the entire term of this Agreement.
1.8.2 CONTRACTOR shall not work on any task that is related to any real property
that is located within 500 feet of any parcel in which CONTRACTOR has any ownership interest
or which is the location of any pending project that is a source of income for CONTRACTOR.
2.0. COMPENSATION AND BILLING
2.1 Compensation. The CITY agrees to compensate CONTRACTOR for the work
for the not -to -exceed amount of $96,020.00, which will compensate CONTRACTOR for all
direct and indirect costs for labor, materials, and equipment to accomplish the work
contemplated herein.
2.2. Additional Services. CONTRACTOR shall not receive compensation for any
services other than the services specified in this Contract unless CITY, prior to CONTRACTOR
performing the additional services, approves the services in writing. It is specifically understood
that oral requests and/or approvals of additional services or compensation are unenforceable.
2.3. Method of Billing. CONTRACTOR may submit invoices to the Engineer for
approval on a monthly basis. Each invoice shall include the amounts charged for all of
CONTRACTOR's services that have been completed to the sole satisfaction of CITY during the
period covered by the invoice. CITY shall pay CONTRACTOR's invoice within forty-five (45)
days from the date CITY receives the invoice. Each invoice shall describe in detail the services
performed and the time spent to perform each service. Any additional services approved and
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EXFMIT "A"
performed pursuant to this Contract shall be designated on the invoice as "Additional Services"
and the invoice shall identify the number of the authorized change order, where applicable.
2.4. Records and Audits. CONTRACTOR shall maintain records of all services it
performs pursuant to this Contract in accordance with generally accepted accounting principles
and shall make the records available to the Construction Engineer for inspection and/or audit at
mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The CONTRACTOR acknowledges
that for this project time is of the essence. The CONTRACTOR agrees to start the work
immediately after receiving notice to proceed from the CITY. The CONTRACTOR agrees to
diligently prosecute the work to completion within 40 working days of the notice to proceed.
The CITY and CONTRACTOR agree that the work will be conducted over a five day work
week (Monday through Friday). If the CONTRACTOR fails to commence work in a timely
manner or fails to pursue work diligently to completion, the CITY may, at its option, terminate
this Contract.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts or conditions beyond the reasonable control of the party or
parties. Such acts and conditions shall include, but not be limited to, acts of God, fire, strikes,
material shortages, compliance with laws or regulations the effect of which could not reasonably
have been foreseen, riots, and acts of war.
4.0. TERM AND TERMINATION
4.1. Term. This Contract shall commence on the Effective Date and shall continue
until all work contemplated by this Contract is completed to the satisfaction of the Engineer.
4.2. Notice of Termination. CITY reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated in
this Contract, with or without cause, at any time, by providing written notice to CONTRACTOR.
The termination of this Contract shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, CONTRACTOR shall immediately stop rendering
services under this Contract unless directed otherwise by CITY.
4.3. Comi�ensation. In the event of termination, CITY shall pay CONTRACTOR for
reasonable costs incurred and services satisfactorily performed up to and including the date of
CITY's written notice of termination. Compensation for work in progress shall be prorated
according to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth in this Contract. In determining the services actually rendered
up to the effective date of termination, consideration shall be given to both completed work and
work in progress.
4.4 Documents. In the event of termination of this Contract, all documents prepared
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E=BIT "A"
by CONTRACTOR in its performance of this Contract including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to CITY within ten (10) days of delivery of termination notice to
CONTRACTOR, at no cost to CITY. Any use of uncompleted documents without specific
written authorization from CONTRACTOR shall be at CITY's sole risk and without liability or
legal expense to CONTRACTOR.
5.0. INSURANCE
5.1. Minimum Scone and Limits of Insurance. CONTRACTOR and all
subcontractors shall obtain and maintain during the life of this Contract all of the following
insurance coverage:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, and personal injury, with a
policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limit, per occurrence and aggregate.
(b) Automobile liability for owned, hired, and non -owned vehicles, with a
policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limit, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California,
including employer's liability coverage.
5.2. Endorsements. The comprehensive general liability insurance policy (policies)
and the automobile liability policy (polices) shall contain or be endorsed to contain the following
provisions:
(a) Additional insured: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to the subject project and contract with the CITY."
In addition, the comprehensive general liability, automobile liability, and workers'
compensation/employer's liability policies shall contain or be endorsed to contain the following
provisions:
(b) Notice: "This policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
CITY."
C�
E)=IT "A"
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
(d) Waiver of subrogation: "Insurer waives any right of recovery it may have
against the City of San Bernardino or its elected and appointed boards,
officers, agents, or employees under this policy because of payments
Insurer makes for injury or damage arising out of the named insured's
operations or work done for the City of San Bernardino."
5.3. Certificates of Insurance. CONTRACTOR shall provide to CITY certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by CITY, prior to performing any services under this Contract.
5.4. Non-limitigg. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in Section 6.8 of this Contract, or the extent to which
CONTRACTOR may be held personally responsible for indemnifying CITY against liability for
damages to persons or property, notwithstanding any insurance that may cover such damage.
6.0. GENERAL PROVISIONS
6.1. Entire Contract. This Contract constitutes the entire Contract between the parties
with respect to any matter referred to in this Contract and supersedes any and all prior writings
and oral negotiations. This Contract may be modified only in a writing, signed by the parries in
interest at the time of the modification. The terms of this Contract shall prevail over any
inconsistent provision in any other document relating to this Contract, including exhibits to this
Contract.
6.2. _Representatives. The Director of Public Works or his/her designee shall be the
representative of CITY for purposes of this Contract and may issue all consents, approvals,
directives and Contracts on behalf of CITY, called for by this Contract, except as otherwise
expressly provided in this Contract. CONTRACTOR shall designate a representative for
purposes of this Contract who shall be authorized to issue all consents, approvals, directives and
Contracts on behalf of CONTRACTOR called for by this Contract, except as otherwise expressly
provided in this Contract.
6.3. Project Managers. CITY shall designate a Managing Engineer to work directly
with CONTRACTOR in the performance of this Contract. CONTRACTOR shall designate a
Project Manager who shall represent it and be its agent in all consultations with CITY during the
term of this Contract. CONTRACTOR and/or its Project Manager shall attend and assist in all
coordination meetings called by CITY.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Contract or the work under it may be provided by personal delivery, facsimile or
mail and shall be addressed as set forth below. Communications shall be deemed served or
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EXHIBIT "A"
delivered: a) at the time of delivery if the communication is sent by personal delivery; b) at the
time of transmission if the communication is sent by facsimile; and c) 48 hours after deposit in
the United States Mail as reflected by the official United States postmark if the communication is
sent through regular United States Mail.
IF TO THE CONTRACTOR:
Ghazi Mubarak, President
GMZ Engineering Inc.
5739 Kanan Road #134
Agoura Hills, CA 91301
Phone: 805-791-3071
IF TO THE CITY:
Andrea M. Miller
City Manager
290 N. "D" Street
San Bernardino, CA 92401
Phone: 909-384-5140
6.5. AttorneN,s' Fees. In the event that litigation is brought by any parry in connection
with this Contract, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies under this Contract or the enforcement of any of the
terms, conditions, or provisions of this Contract. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Contract on behalf of CITY shall be
considered "attorneys' fees" for the purposes of this paragraph.
6.6. Governin , Law. This Contract shall be governed by and construed under the laws
of the State of California without giving effect to that body of laws pertaining to conflict of laws.
The parties agree that the sole and exclusive venue for any legal action to enforce or interpret
this Contract shall be a court of competent jurisdiction located in San Bernardino County,
California.
6.7. Assignment. CONTRACTOR shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of CONTRACTOR's interest in this Contract without
CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Contract and cause for termination of this
Contract. Regardless of CITY's consent, no subletting or assignment shall release
CONTRACTOR from CONTRACTOR's obligation to perform all other obligations to be
performed by CONTRACTOR under this Contract for the term of this Contract.
6.8 Indemnification and Hold Harmless. CONTRACTOR shall protect, defend,
indemnify and hold harmless the City of San Bernardino and its elected and appointed officials,
officers, and employees from any and all claims, liabilities, expenses, including attorneys' fees,
damage to property or injury to or death of any person or persons, and all other damages of any
nature including, but not limited to, all civil claims or workers' compensation claims, wholly or
partly arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of CONTRACTOR, its employees, agents or subcontractors in the performance of this
Contract.
6.9. Independent Contractor. CONTRACTOR is and shall be acting at all times as an
independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at his
expense, and be responsible for the payment of any and all required payroll deductions for
EXIIIBIT "A"
CONTRACTOR and its officers, agents, and employees, including but not limited to deductions
for payment of Income Tax, Social Security, State Disability Insurance Compensation, and
Unemployment Compensation. CONTRACTOR shall procure at its expense any business
licenses required for the performance of the services to be performed under this Contract.
6.10 Ownershii) of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
CONTRACTOR or any of its subcontractors in the course of performance of this Contract, shall
be and remain the sole property of CITY. CONTRACTOR agrees that any such documents or
information shall not be made available to any individual or organization without the prior
written consent of CITY. Any use of such documents for other projects not contemplated by this
Contract, and any use of incomplete documents, shall be at the sole risk of CITY and without
liability or legal exposure to CONTRACTOR. CITY shall indemnify and hold harmless
CONTRACTOR from all claims, damages, losses, and expenses, including attorneys' fees,
arising out of or resulting from CITY's use of such documents for other projects not
contemplated by this Contract or use of incomplete documents furnished by CONTRACTOR.
CONTRACTOR shall deliver to CITY any findings, reports, documents, information, and data,
in any form, including but not limited to, computer tapes, discs, files audio tapes and any other
items relating to the subject project, as requested by CITY or its authorized representative, at no
additional cost to CITY.
6.11 Public Records Act Disclosure. CONTRACTOR has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer tapes,
discs or files furnished or prepared by CONTRACTOR, or any of its subcontractors, and
provided to CITY may be subject to public disclosure as required by the California Public
Records Act (California Government Code section 6250 et. seq.). Documents or information
that qualify as trade secrets, as that term is defined in the California Government Code Section
6254.7, and which CONTRACTOR informs CITY are trade secrets, may be exempt from
disclosure. CITY will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. CITY shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so designated if
disclosure is deemed to be required by law or by order of a court.
6.12. Res: onsibilit. for Errors. CONTRACTOR shall be responsible for its work and
results under this Contract. CONTRACTOR, when requested, shall fiunish clarification and/or
explanation as may be required by CITY's representative, regarding any services rendered under
this Contract at no additional cost to CITY. In the event that an error or omission attributable
wholly or partly to CONTRACTOR occurs, then CONTRACTOR shall, at no cost to CITY,
provide all necessary design drawings, estimates and services necessary to rectify and correct the
error or omission to the sole satisfaction of CITY and shall participate in any meeting required to
carry out the correction.
6.13. Prohibited Em plo. ment. CONTRACTOR will not employ any regular employee
of CITY while this Contract is in effect.
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EXHIBIT "A"
6.14. Order of Precedence. In the event of an inconsistency or conflict between this
Contract and any of the attached Exhibits or Attachments, the terms set forth in this Contract
shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Contract and in the performance of its obligations under this Contract except
as expressly provided in this Contract.
6.16. No Third Parte Beneficiary Rights. This Contract is entered into for the sole
benefit of CITY and CONTRACTOR. No other parties are intended to be direct or incidental
beneficiaries of this Contract, and no third party shall have any right in, under or to this Contract.
6.17. Headings. Paragraph and subparagraph headings contained in this Contract are
included solely for convenience and are not intended to modify, explain, or be a full or accurate
description of the content of this Contract. Headings shall not in any way affect the meaning or
interpretation of this Contract.
6.18. Construction. The parties have participated jointly in the negotiation and drafting
of this Contract. In the event an ambiguity or question of intent or interpretation arises in
construing this Contract, this Contract shall be construed as if drafted jointly by the parties and in
accordance with its fair meaning. There shall be no presumption or burden of proof favoring or
disfavoring any party by virtue of the authorship of any of the provisions of this Contract.
6.19 Amendments. Only a writing executed by the parties to this Contract or their
respective successors and assigns may amend this Contract.
6.20. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or Contracts shall in no way be deemed a
waiver of the right to require performance or compliance. No waiver of any provision of this
Contract shall be effective unless in writing and signed by a duly authorized representative of the
party against whom enforcement of a waiver is sought. The waiver of any right or remedy that
accrues to a party upon the occurrence of an event shall not be deemed a waiver of any right or
remedy that accrues to that party upon the occurrence of any other event, nor shall any waiver
constitute a continuing waiver.
6.21. Severability. If any provision of this Contract is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, that determination shall not
affect the validity or enforceability of the remaining terms and provisions of this Contract or of
the unenforceable provision in any other circumstance. Notwithstanding the foregoing, if a court
of competent jurisdiction determines that the value of this Contract to any party, based upon the
substantial benefit of the bargain to that party, is materially impaired by the elimination of an
unenforceable provision, then the parties shall through good faith negotiations substitute a
substantially equivalent enforceable provision for the provision determined to be unenforceable.
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6.22. Counteiparts. This Contract may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one Contract.
6.23. Co orate Authorit'.. The persons executing this Contract warrant that they are
duly authorized to execute it on behalf of the parties and that their execution of this Contract
formally binds the parties to its provisions.
6.24. Dama6es. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Contract whether in torts or in
contracts or in law or in equity.
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EXHIBIT "A"
CONTRACT FOR
FOR INSTALLATION OF DEBRIS NETTING UNDER THE MT.
VERNON BRIDGE AT THE BNSF RAIL YARD (BRIDGE NO. 54C-0066)
PER PLAN NO. 13154
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and
through their respective authorized officers.
CITY OF SAN BERNARDINO,
A Municipal Corporation
– �WAA - -
Andrea M. Miller
City Manager
Approved as to form:
Gary D. Saenz,
City Attorney
B
-
Ay�
Georqea Hanna, CM City Clerk
12
GMZ ENGINEERING, INC.
CONTRACTOR
By C-
Signature
4—
NamCa&Title
11r S; AA—
ATTACHMENT "A"
Ok
Date: 8.31.2017
Attention: Michael Grubbs, MS, PE
City of San Bernardino
Public Works Department
201 N. E Street, 2n6 Floor
San Bernardino, CA 92401
Reference: Mt Vernon Bridge / BNSF Yard
Subject: Installation of Debris Netting Under Mt Vernon Bridge
Bid Proposal
Dear Mr. Grubb,
Thank you for inviting us to bid on the installation of Debris Netting Under the Mt. Vernon
Bridge.
Our Proposal is based on your RFP Correspondence dated 8.29.2017 and the detail sheets X1,
X2, X3 & X5 attached.
The work includes the following:
1- Furnish the Rail Road Protective Policy of $2MMl$6MM with excess liability insurance
of $6N M aggregate
2- Furnish and install Galvanized Cables and Connectors
3- Furnish and install Debris Netting
4- Provide Proper Traffic Control and Safety Devices to perform the task
Exclusions:
1- Rail Road Flagger Cost
2- Insurance beyond $2NW$6MM
3- Right of Entry Permit Cost
Our Bid amount $ 96,020.00
Time: TBD
See attached bid breakdown for your use.
Should you have any question, please let us know.
GMZ Engineering Inc 5739 Kanan Rd # 134, Agoura Hills, CA 91301 License # 967627 Phone # 805.791.3071
Sincerely
GMZ Engineering, Inc.
Ghazi Mubarak
Project Manager
GMZ Engineering Inc 5739 Kanan Rd # 134, Agoura Hills, CA 91301 License # 967627 Phone # 805.791.3071
SM iEBMT
Project: Installation of Debris Netting under Mr Vernon Bridge Date: 8/31/2017
Owner: City of Son Bernardino Time: 8:00 AM
Duration 4 Weeks LD's : ???
Item
Description
Quantity Unit
Unit Price
Cost
I-
Rail Road Protective Policy
1.00 LS
$
4,500.00
$
4,500.00
2-
Umbrella Policy
1.00 LS
$
18,000.00
$
18,000.00
3-
Laborer
640.00 HRS
$
68.00
$
43,520.00
4-
Material and delivery
1.00 LS
$
7,500.00
$
7,500.00
5-
E uipmentRentals
1.00 LS
$
7,500.00
$
7,500.00
6-
Field Management & Safery Safe
3.00 Weeks
$
1,000.00
$
3,000.00
7-
OH&P ci;' 15 %
1.00 LOT
$
12,000.00
$
12,000.00
$
-
$
-
$
-
$
-
$
-
$
96,020.00
n, i I Ghazi Mubarak <gmubarak@gmzeng.com>
►y( tx *
RE: Mt Vernon Bridge Netting 1 Bid Proposal
1 message
Michael Grubbs <Grubbs Mi@sbclty.org> Tue, Aug 29, 2017 at 11:14 AM
To: Ghazi Mubarak <gmubarak@gmzeng.com>
Cc: Trina Boychenko <trina@gmzeng.com>, 'Todd Dudley (todd.dudley@aecom.com)" <todd.dudley@aecom.com>, Saba
Engineer <Engineer Sa@sbcity.org>
Ghazi,
Can you quickly revise your bid proposal based on the attached revised plan? We had to raise the netting so that it will be above the
bottom of the main girder flange. BNSF is concerned that a train or truck might snag the netting if it hangs below the girder.
Todd has redesigned the netting to span between the outriggers supporting the sidewalk. We are using clamps to avoid drilling or
welding the existing bridge steel. The outriggers are 15 feet on center, so the netting at 8 locations will need to be 30 feet long
instead of 20 feet long. We think the two 62 foot long sections will still work. Please note the special clamping mechanism on page
5.
An item is on the City Council agenda for this coming Wednesday 9/6 awarding the contract to you. I'd like to have an accurate bid
to present to the City Council. Thanks for your help in this matter.
TODD — Please let us know if you have further comments.
Michael W. Grubbs, MS, PE
Project Manager
City of San Bemardino Public Works Department
Physical Location: 201 N. E Street, 2rd Floor
Mail: 290 North D St
San Bemardino, CA 92401
O: 909-384-5179
gnibbs—mi@SBCity.org
www.SBCity.org
Please note our newest office and mailing address.
- Comprehensive
July 19, 2017
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CITY OF SAN BERNARDINO
PLAN NO. 13154
SHEET 1 OF 5
Debris Netting Installation X2 July 26, 2017
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CITY OF SAN BERNARDINO
PLAN NO. 13154
SHEET 2 OF 5
Mt Vernon OH Revised Debris Netting Installation
Typical Section
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CITY OF SAN BERNARDINO
PLAN NO. 13154
SHEET 3OF5
Debris Netting Installation X4 July 26, 2017
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CITY OF SAN BERNARDINO
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PLAN NO. 13154
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