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HomeMy WebLinkAbout07.A- Citywide Right of Way Maintenance Center for Employment Opportunities 7.A RESOLUTION (ID # 4247) DOC ID: 42471 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract From: Virginia Marquez M/CC Meeting Date: 03/07/2016 Prepared by: Arlington Rodgers, (909) 384-5140, ext. 3420 Dept: Council Office Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement with the Center for Employment Opportunities for Citywide Right of Way Maintenance. (#4247) Current Business Registration Certificate: Yes Financial Impact: Cost to the City is approximately: $5,500 for the first six months of the contract (trial period), $57,500 for the second six months of the contract (stage 2), $104,000 for the third six months (stage 3). The funding for this agreement is in account number 126- 400-0088-5502. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None Background: The Department of Public Works is seeking to partner with the Center for Employment Opportunities to augment the work of City crews. This organization serves as an employer to parolees who have been vetted by the San Bernardino County Probation Department and approved to participate in the work programs managed by the Center for Employment Opportunities (CEO). The organization started in New York and has successfully expanded to other states, including California. CEO has operated their program in Chula Vista and Oakland, as well as partnered with Caltrans. The Public Works Department is proposing to use a crew of five persons with a CEO dedicated on-site supervisor, four to five days per week, on a trial basis for six months. The contractor will be used for clean up purposes in the public right of way. Initially, the crew will be assigned to clean the 2nd Street and 5th Street freeway gateways, the frontage road off of Highland, and the Old Waterman Canyon Road. Other problem areas in the City will be included in their work schedule for clean up, including assisting the work of the Quality of Life team. While the City will be issuing regular work assignments, CEO will take full responsibility for payroll, supervision and management of the crew. Continuation of services past the first six month trial period, will be at the sole discretion Updated: 3/3/2016 by Jolena E. Grider I I Packet Pg. 399 7.A 4247 of the City. Services may be terminated for convenience at any time. The proposed agreement for services will have the trial period and two renewal periods (six months each). The first two service periods will be subsidized by CEO with their available grant monies. Service Period Dates CEO Costs City Costs 1 Mar 2016 - Sept 2016 $104,375 $ 5,500 2 Sept 2016 - Mar 2017 $ 52,375 $ 57,500 3 Mar 2017 - Sept 2017 $0 $109,875 Legal: Under Section C(3) the City Attorney's Office had attempted to insert language requiring a categorical exclusion for violent and serious felony offenses, as those terms are defined in the Penal Code, but the Center for Employment Opportunities objected to the change. Instead, CEO has language that each participant will be evaluated on a case by case basis. City Attorney Review: Supporting Documents: CEO Reso (DOC) agrmt. 4247 (PDF) CEO Scope of work 5 person work crew (DOCX) Updated: 3/3/2016 by Jolena E. Grider I Packet Pg. 400 _rrr 7.A.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE CENTER FOR 3 EMPLOYMENT OPPORTUNITIES FOR CITYWIDE RIGHT OF WAY 4 MAINTENANCE. d c 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City Manager is hereby authorized and directed to execute, on W 8 `2 behalf of the City, an Agreement with the Center for Employment Opportunities for the 9 maintenance of the public rights of way within the City boundaries attached hereto as Exhibit 10 0 11 "A" and incorporated herein by this reference as though set forth in full. p c 12 SECTION 2. The authorization to execute the above referenced Agreement is E 0 13 rescinded if it is not executed by both parties within sixty (60) days of the passage of this E W 14 resolution. 0 L d 15 16 17 18 E 19 i a ii ti 20 21 � 0 � � CD 22 W o W 23 24 E 25 y a 26 27 28 1 Packet Pg.401 7.A.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE CENTER FOR 2 EMPLOYMENT OPPORTUNITIES FOR CITYWIDE RIGHT OF WAY MAINTENANCE. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and c 5 Common Council of the City of San Bernardino at a meeting 6 7 thereof, held on the day of , 2016, by the following vote, to wit: O L 8 Council Members: AYES NAYS ABSTAIN ABSENT (n a� 9 MARQUEZ 10 0 0 BARRIOS a 11 ° VALDIVIA = 12 E 0 13 SHORETT 0 W 14 NICKEL I- 15 RICHARD d 16 MULV IHILL 3 17 18 19 Georgeann Hanna, City Clerk C 20 The foregoing resolution is hereby approved this day of 12016. N 21 y 22 R. CAREY DAVIS, Mayor O W 23 City of San Bernardino Approved as to form: 24 GARY D. SAENZ, City Attorney E 25 r a 26 By: 27 28 2 Packet Pg.402 7.A.b Agreement Between the City of San Bernardino and the Center for Employment Opportunities, Inc. for Right of Way Maintenance RECITALS a WHEREAS, the City of San Bernardino (CITY) has been approached by Center for Employment 5 Opportunities, Inc. to participate in a unique program proven to reduce rates of recidivism by 30 providing a venue for individuals with criminal histories to learn job skills and perform regular work; and ,o d WHEREAS, studies have demonstrated that individuals with a criminal justice history who gain c employment are less likely to re-offend; and 0 0. WHEREAS, the Center for Employment Opportunities, Inc. ("CEO") has offered comprehensive o employment services for people with criminal convictions, including immediate paid transitional = work, job development and employment retention services, in New York City as an independent E organization since 1996 and as part of the Vera Institute ofJustice since 1978; and c CL WHEREAS, CEO offers paid transitional work to its participants through supervised operating work w crews of 5-7 people that provide indoor and outdoor maintenance, cleaning, beautification and grounds- ,o keeping services to state and municipal agencies,and a variety of public and private corporations; as WHEREAS, there are several related services for which the CITY has limited resources to perform; v and w WHEREAS, CEO and the CITY believe that the performance of some of these necessary services E would provide the program participants meaningful work opportunities, create a real and visible impact on the community, and most importantly, help in reducing the rates of recidivism within the Q City of San Bernardino's borders; and ti rr N WHEREAS, the CITY and CEO shall work together to identify the services that would best meet d the goals of the program; and v N WHEREAS, CEO will provide the CITY at least one supervised work crew of 5 individuals to i perform identified services;and a, r WHEREAS, CEO will subsidize the program in the initial six months of this Agreement, and based on satisfactory service of CEO during that period, the CITY at its sole discretion, has the option to extend the program as set forth in this Agreement;and +° Q WHEREAS, the CITY recognizes that participation in this program will benefit all of the citizens of this community. 1 Packet Pg.403 NOW, THEREFORE, the City and CEO, based on mutual consideration, enter into this Agreement, effective March 7, 2016, and subject to the following terms and conditions: TERMS AND CONDITIONS ai A. TERM: c c d The term of this Agreement shall be for six (6) months beginning March 21 st, 2016 and ending c September 2151, 2016 with two optional 6 month extensions as authorized by the City Manager or his designee, or unless otherwise terminated by the City pursuant to Section H. �y O 0_ L B. PROGRAM PARTICIPANTS: 12 N The parties agree that participants in any CEO work crew providing services to the CITY will be comprised of individuals who live in San Bernardino County, have criminal conviction(s), and have o been thoroughly screened by CEO to ensure that they will be suitable participants for a program of this C nature. c m E C. RESPONSIBILITIES OF CEO: Q. E CEO responsibilities shall include the following: c 12 1. Perform all outreach, recruitment, screening and enrollment for program participants. c Q U 2. Enroll a minimum of 5 participants from the County of San Bernardino in CEO's paid y transitional employment program over the term of this Agreement for work on projects 3 designated by the City of San Bernardino. d E m a� a. CEO has the exclusive right to terminate or suspend participants who fail to adhere to CEO's Q employment program policies. ti N 3. Screen all program participants for their employment eligibility and fitness to work ti v a. Individuals with convictions for sexual offenses shall be prohibited from enrolling in the program due to specific job duties and location of work. E L b. The eligibility of violent felony offenders shall be thoroughly reviewed by CEO on a case- a by-case basis prior to any acceptance of such offenders into theprogram. 4. Provide a minimum of one supervised work crew of 5 persons for 6.5 to 8 hours a day, Monday Y through Friday, excluding holidays, to perform services and assignments as agreed to by CEO a and the CITY. 5. Ensure the safety of all CEO work-crew members, including providing them with safety and 2 Packet Pg.404 other equipment for their person, including items such as steel-toed boots, CEO IDs and safety vests. b. Receive work assignments from City Liaison and communicate with such personnel about the work to be performed prior to performance, about the progress of the work during performance, and about what was done after performance. �a 7. Supervise the work of any CEO work crew, including providing line of sight supervision of work-crew members during the daily work hours. _ 8. Provide compensation to program participants in accordance with all local, state and federal minimum wage laws. L 0 a. City shall have no obligation to pay any compensation or fringe benefits directly to program participants. 9. Make available to all program participants the following services/activities: a _. O o Pre-employment training classes including resume writing and interview skill building to be delivered by CEO's Participant Engagement Leader (PEL) during a one week Life E Skills Education class at CEO's office that commences the program; o Job Coaching and Job Placement services to be delivered by the PEL and Employment E •Specialist (ES) respectively at CEO's offices one day per week while participants are w actively enrolled in transitional work; ° L • Post-placement services to increase labor-force retention, for one year from the date of full-time job placement to be delivered by the PEL and ES at monthly intervals at v minimum either at CEO's offices or another convenient meeting place of program participants who are working full time. 3 _ m E m D. RESPONSIBILITIES OF THE CITY: i Q I. Provide a City Liaison to identify and secure CEO appropriate work crew projects in areas controlled and maintained by the City and communicate daily with designated CEO staff members about the scope and progress of the work. N 2. Ensure that the work projects identified by the City provide program participants with work experience that have a tangible community impact. L a� �a a. City shall ensure that none of the work or tasks identified for performance by the CEO participants shall replace any City employees represented by City recognized bargaining E units. �a Z Q 3. Ensure that CEO has legal access to the areas that it will be maintaining and beautifying. 4. Have the City Liaison meet with CEO's project leader on a monthly basis to discuss the project's progress. 3 Packet Pg.,405 t. E. COMPENSATION 1. The cost of a CEO work crew, inclusive of wages for participants; supervision; personal safety equipment including steel toed boots, work goggles, reflective vests, among other items; transportation; payroll processing and other associated costs shall be paid solely by CEO. CD r S cu 2. For the first six months of this Agreement, CITY shall pay CEO Five Thousand Five Hundred Dollars($5,500). O W a. The fee schedule outlined below outlines the cost share responsibility of the CITY and CEO o for the first six (6)months and the two optional six month extensions v a� Implementation Stage Dates CEO Costs CITY Costs a CL 1 3/21/2016-9/21/2016 $104,375 $5,500 O r C Q� 2 9/22/2016-3/22/17 $52,375 $57,500 0 a E 3 3/23/2017-9/23/2017 $0.00 $109,875 W L L d b. After the first six (6) months, provided that the CITY, in its sole discretion, has determined that it is satisfied with the work performed by CEO participants and the 0 program, CITY shall make reasonable efforts to secure additional funding to subsidize a 45 larger portion of the costs of the CEO program work within the CITY for the two 3 optional six month extensions as outlined herein. E m m L F. INSURANCE: a ti Nt 1. General. CEO must procure and maintain, during the period of performance of this Agreement, and 04 for twelve months after completion, policies of liability insurance from insurance companies to r.. protect against claims for injuries or death to persons or damages to property that arise from or are CM related to the performance of the work under this Agreement by the CEO, its agents, representatives, employees or subcontractors, and provide City with documentation of same, prior to commencement a� of work. M a� 2. Minimum Limits of Insurance Required. CEO must maintain limits no less than those included E in the table below: �a r a 4 Packet Pg.406 7.A.b a. General Liability: 1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance (Including operations, with a general aggregate limit is used, either the general products and completed aggregate limit must apply separately to this project/location operations as or the general aggregate limit must be twice the required applicable). occurrence limit. d b. Automobile $1,000,000 per accident for bodily injury and property damage. Liability C C.Workers' Compensation Statutory 0 Employer's Liability: $1,000,000 each accident $1,000,000 disease-policy limit `o $1,000,000 disease-each employee �- d 3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall be Q. declared to and approved by the City. At the option of the City, either the insurer shall reduce CL O or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, _ officials, employees and volunteers; or the CEO shall provide a financial guarantee satisfactory W E to the City guaranteeing payment of losses and related investigations, claim administration, and o defense expenses. Q- E w 4. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, ,o the worker's compensation policies shall contain, or be endorsed to contain, the following _ provisions: v a. Additional Insureds. The City of San Bernardino, its officers, officials, employees, 3 agents, and volunteers shall be named as additional insureds with respect to all c policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CEO, where W applicable, and, with respect to liability arising out of work or operations performed a, by or on behalf of the CEO, including providing materials, parts or equipment Q furnished in connection with such work or operations. The general liability additional insured coverage shall be provided in the form of an endorsement to the CEO's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically,the endorsement must not exclude Products/Completed Operations coverage. N b. Primary Insurance. The CEO's General Liability insurance coverage shall be primary E insurance as it pertains to the City, its officers, officials, employees, agents, and M volunteers. Any insurance or self-insurance maintained by the City, its officers,officials, employees, or volunteers is wholly separate from the insurance of the CEO and in no way E relieves the CEO from its responsibility to provide insurance. �a c. Cancellation. The insurance policies required by this Agreement shall not be reduced Q or canceled by either party, except after thirty days' prior written notice to the City by CEO in conformity with Section I below. 5 Packet Pg.407 d. Active Negligence. Coverage shall not extend to any indemnity coverage for the negligence or willful misconduct of the additional insureds or in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b)of Section 2782 of the Civil Code. e. Waiver of Subrogation. CEO's insurer shall provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this = ca Agreement. Q Y 5. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A. 3: O W Verification of Coverage. CEO shall furnish the City with original certificates and amendment o endorsements affecting coverage required by Section F of this Agreement. The endorsements y shall be on insurance industry forms, provided those endorsements or policies conform to the r requirements of this Agreement. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require, at any o time, complete, certified copies of all required insurance policies, including endorsements C evidencing the coverage required by these specifications. c m E 0 G. INDEMNIFICATION M E W 1. CEO shall defend, indemnify, protect and hold harmless the City, its elected and appointed o officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or c persons, including wrongful death, in any manner all arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of CEO, its officials, officers, employees, and contractors, arising out of or related to this Agreement or the performance of the services hereunder. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorney's fees) arising from the E sole negligence orwillful misconduct ofthe City,its officers,employees and agents. Q 2. Costs of Defense and Award. Included in the obligations in Sections G (1) above, is CEO's obligation to defend, at CEO's own cost, expense and risk, any and all suits, actions or other cm legal proceedings, that may be brought or instituted against the City, its officials, officers, ti employees, agents and/or volunteers, subject to the limitations in Sections G (1). In such event, v CEO shall have the right to choose counsel reasonably acceptable to the City and make all decisions regarding any such action. CEO shall pay and satisfy any judgment, award or decree E that may be rendered against City or its officials, officers, employees, agents and/or volunteers, R for any and all reasonable related legal expenses and costs incurred by each of them, subject to the limitations in Sections G(1). E U 3. Enforcement Costs. If the City is the prevailing party to an applicable indemnity a enforcement action, CEO agrees to pay any and all reasonable costs that the City incurs enforcing the indemnity and defense provisions set forth in Section G, including but not limited to reasonable attorneys' fees. The costs, salaries, and expenses of the City Attorney and members of his office shall be considered attorneys' fees for the purposes of this 6 Packet Pg.408 Agreement. 4. Survival. CEO's obligations under Section G shall survive the termination of this Agreement. m H. TERMINATION Q 1. Termination for Cause. If through any cause, CEO shall fail to fulfill in a timely and proper M I manner CEO's obligations under this Agreement, or if CEO shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to p terminate this Agreement by giving notice to CEO of such termination and specifying the o effective date thereof. The notice may be either in writing or oral; however, if such notice is y communicated orally, it shall be followed,within two(2)business days,by awritten notice. 2 c 2. Termination of Agreement for Convenience. Either party shall have the right to terminate this o Agreement at any time and for any reason, by giving specific written. notice to the other party of 0. CL such termination and specifying the effective date thereof. In the event that CEO terminates this 0 Agreement prior to the end of the first six (6) months, CEO shall reimburse the City a pro rata share of the funds City committed and paid to CEO. 0 a E W 1. NOTICE c 1. Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, "Notices") shall be in writing, shall be addressed to the receiving v party, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), or sent by certified mail, postage prepaid, 3 return receipt requested, to the address listed below: E as If to CEO: ;v a� Sarah Glenn-Leistikow, San Bernardino County Director Center for Employment Opportunities v N 1630 S."E" Street, Suite A San Bernardino,California 92408 N r With copies to: E a> �a Sam Schaeffer Chief Executive Officer Center for Employment Opportunities E 50 Broadway New York,New York 10004 w 7 Packet Pg.409 7.A.b If to City: City of San Bernardino 300 N."D" Street San Bernardino CA 92418 Attention: City Manager m �a All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written Notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given, shall be deemed to constitute receipt 0 of such Notice. The providing of copies of Notices to the parties' respective legal o counsels is for information only, is not required for valid Notice and does not alone N constitute Notice hereunder. 3 O K. GENERAL PROVISIONS a O 1. Headings. All article headings are for convenience only and shall not affect the m interpretation of this Agreement. E O Q. 2. Reference to Paragraphs. Each reference in this Agreement to a section refers, unless w otherwise stated, to a section of this Agreement. o L 3. Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part hereof. 4. Covenants and Conditions. All provisions of this Agreement expressed as either covenants 3 or conditions on the part of the City or CEO, shall be deemed to be both covenants and conditions. E a� L 5. Integration. This Agreement and any Exhibits and references incorporated into this d Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of 04 this Agreement, and no verbal understanding of the Parties, their officers, agents, or ti employees shall be valid unless made in the form of a written amendment to this 0`t4 Agreement agreed to in writing by both Parties. E L 6. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable,invalid,or illegal. d E 7. Drafting Ambiguities. The Parties agree that they are aware that they have the right to be U advised by legal counsel with respect to the negotiations, terms and conditions of this Q Agreement, and the decision of whether or not to seek advice of legal counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 8 Packet Pg.410 8. Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and any Exhibits,the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. _ .R 9. Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement. L 0 10. Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 11. Further Assurances. City and CEO each agree to execute and deliver such additional a documents as may be required to effectuate the purposes of this Agreement. OCL c 12. Controlling Law. The laws of the State of California shall govern and control the terms and conditions of this Agreement. o a E 13. Jurisdiction, Venue, and Attorney Fees. To the extent permitted by law, the venue for any w L suit or proceeding concerning this Agreement, the interpretation or application of any of its ° terms, or any related disputes shall be in the County of San Bernardino, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award v of attorneys' fees in addition to any other award made in such suit orproceeding. The costs, .r salaries, and expenses of the City Attorney and members of his office shall be considered as 3 attorneys' fees for the purposes of this Agreement. E as 14. Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation i upon the powers of the City as a chartered city of the State of California. v 15. Third Party Relationships. The execution and delivery of this Agreement shall not be deemed to C14 confer any rights upon, nor obligate any of the parties to this Agreement to,any person or entity other than the parties hereto. Nothing in this Agreement shall create a contractual relationship between City and any third party. E L 16. Non-Assignment. CEO shall not assign any of its obligations under this Agreement without the prior written authorization of the City. E z 17. Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have a been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party's successor in interest. Iftof 9 Packet Pg.411 7.A.b 18.No Waiver. No failure of either the City to insist upon the strict performance of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. d 19. Administrative Claims Requirements and Procedures. No suit or arbitration shall be R brought arising out of this Agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with O the procedures set forth in the San Bernardino Municipal Code, as same may from time to L time be amended, the provisions of which are incorporated by this reference as if fully set ,° forth herein, and such policies and procedures used by the City in the implementation of same. _ t= 0 20. Counterparts; Facsimile Signatures. This Agreement may be executed in multiple 0. CL counterparts, each of which shall be deemed an original, but all of which, together, shall O 2 constitute but one and the same instrument. A facsimile signature shall be deemed an original signature. E 0 CL 21. Signing Authority. The representative for each Party signing on behalf of such Party E LU hereby declares that authority has been obtained to sign on behalf of the City, as o applicable and agrees to hold the other Party or Parties hereto harmless if it is later d determined that such authority does not exist. _ a� U 3 E a� d L Q ti N N d' E L R _ N E V t6 a+ Q .i., Nft 10 Packet Pg.412 IN WITNESS WHEREOF, City and CEO have executed this Agreement, indicating that they have read and understood same,and indicate their full and complete consent to its terms: CENTER FOR EMPLOYMENT OPPORTUNITIES,INC. CITY OF SAN BERNARDINO C a� BY: BY: o Mark Scott, City Manager 12 NAME: t= TITLE: ATTEST: c 0 MAILING ADDRESS: _ d E a 0 Georgeann Hanna, E City Clerk w 0 m c a� U PHONE NO:�_) APPROVED AS TO FORM: Gary D. Saenz,City Attorney 3 r ATTEST: a BY: _ ter— E a� a� a Secretary N d' NOTE: Secretary of the Owner should attest. If Contractor is a corporation,Secretary should attest. N r E L r _ d E V Rf r w Q • Packet Pg.-413 7.A.c Eft tea @PP09TU Whits V a'h4nsr thar Works � C CEO-San Bernardino Public Works Department Scope of Work °' c Overview The Center for Employment Opportunities (CEO) is currently providing comprehensive employment 0 services for San Bernardino County Residents on Parole through and work crew services to Caltrans. L Nationally CEO serves public and private customers in 11 cities. The CEO model includes the following services:job readiness training,job search and placement,job coaching & retention and paid on-the-job aNi training on work crews. In some locations, including San Bernardino, CEO also offers advanced job c training through partnerships with local education institutions. c CL CL CEO is interested in providing work crew services to the Department of Public Works Division. Every CEO O crew is directly managed by an experienced CEO supervisor who ensures a facility's daily goals are met, a� all safety and work standards are followed, and customers are satisfied. E 0 Q. CEO's work crews can perform a number of indoor and outdoor services with each crew staffed with 5-10 E individuals, depending on the needs of the customer. We offer efficiency and versatility with a work crew w that can perform over 40 services—able to complete long-term projects or switch gears every day to ° accomplish multiple goals in a week. CEO services include but are not limited to: m U Outdoor Services Indoor Services = 3 Grounds keeping • Highway Clean up Building Maintenance • Separating recyclables • Grass cutting • Gutter Cleaning • Floors • Loading dock cleaning E • Power Cleaning • Janitorial Work • Weatherization L • Weed whacking a, • Rubbish Removal • Rubbish removal • Mold remediation Q • Brush removal • Vacant lot clearing • Furniture moving • Light demolition � • Leaf removal • Graffiti Removal • Loading/unloading • Gut residential buildings N • Snow removal • Trail Maintenance • Renovation • Rubbish removal v • Tree cutting • Event Set-up/Clean-up • Painting 3 • Litter removal m 0 Pricing c CEO work crew pricing, at its fullest, includes direct costs for the worker and supervisor wages, insurance 0 L and transportation as well as minimal overhead and administrative costs. However, we have some 0 CL flexibility and work to partner with our work crew customer to make the most of their budget. For LO example, CEO can increase/decrease the number of days and the number of workers on the work crew 6. to reduce costs. 3 4 0 Models--Below are several different pricing models. All costs can be billed on a monthly reimbursement c model with line-item costs if desired. Crew size and work days can also be adjusted as desired, effectively changing the scope of work and reducing costs(another crew customer would need to be procured if O there were fewer than 5 days a week of work requested).While ultimately CEO's preference is full U coverage of the costs, the Public Works Department can also indicate an alternate funding model based on what's feasible for the Department and CEO can attempt to procure other sources of funding to make 0 E up deficits. c� 1 Packet Pg.414 7.A.c ce�r►�� U _ C or An-pr th"It lrork Most Subsidized—In this model, during the first six month's demonstration period, CEO would c cover 95% of the cost and request only 5% from the Public Works Department as a gesture of commitment and engagement. 0 L Work Crew Size Contract Length Daily Crew Cost Total Amount to CEO' Requested from Public Works _ _ 5 crew members + 125 Days (Jan. 0 1 supervisor 2016-June 2016) $835 $5,500 0 m E Moderate Subsidy—In this model, during the second six months, CEO would cover 45% of the 2 0. costs (fringe, supervisor salary, overhead, etc.) and request 55% from Public Works, covering w only the participant wages. L _ Work Crew Size Contract Length Daily Crew Cost Total Amount to CEO Requested from Public Works 3 r m 5 crew members + 125 Days(July $835 $57,500 E 1 supervisor 2016-Dec. 2016) 0- Q ti No Subsidy—In this model, during year two of the contract, CEO would request the full cost of N operating the crew from Public Works 3 m L V Work Crew Size Contract Length Daily Crew Cost Total Amount o to CEO Requested from 3 Public Works = 0 F) L a) Q. 5 crew members + 250 Days(Jan. $835 $208,000 Y 1 supervisor 2017- Dec. 2017) L 0 3 w 0 m References o CEO is a proven, highly structured organization. We ensure the highest quality results and most in productivity possible from our workforce. We are happy to provide references from CA county and state w agencies. V :j _ m ' Estimate based on 8 hours per day,5 crew members,no subsidy,100%capacity filled. 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LU °7 0 0 0 0 0 • 7.B RESOLUTION (ID # 4287) DOC ID: 4287 J CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract From: Marlene Miyoshi M/CC Meeting Date: 03/07/2016 Prepared by: Fawna Velci, (909) 384- 5140 Dept: Public Works Ward(s): 2 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement with the Matich Corporation for City Requested Additional Work for the "E" Street Improvement Project. (#4287) Current Business Registration Certificate: Not Applicable Financial Impact: Funds in the amount of$170,850 for this agreement are appropriated in account number 126-160-8035-5504. Motion: Adopt the Resolution. Synopsis of Previous Council Action: On September 21, 2009, Council approved Resolution No. 2009-326 that authorized the execution of a Master Agreement between Omnitrans, the City of San Bernardino, and the San Bernardino Redevelopment Agency for the construction and operation of the sbX Bus Rapid Transit Project (sbX Bus Project). On August 17, 2015, Council approved Resolution No. 2015-192 that appropriated $410,040 of Gas Tax funds for the City's participation in the Omnitrans "E" Street Project, which is an outstanding component of the sbX Bus Project. City's commitment of funding was designated for construction administration, inspection and additional City requested project work outside of the project's scope of work. On November 2, 2015, Council approved Resolution No. 2015-248 that approved a Memorandum of Understanding between Omnitrans and the City, for City to provide construction administration, management and inspection on the "E" Street Project, from north of 10th Street to Highland Avenue ("E" Street Project). Background: Updated: 3/3/2016 by Linda Sutherland J Packet Pg. 416 7.6 4287 The "E" Street Project is an Omnitrans project funded by the Federal Transit Administration (FTA) for a total of $3,929,550 (construction and construction contingency). OmniTrans bid and awarded the "E" Street Improvement Project to Matich Corporation in May 2015 for $3,417,000. This left a construction contingency of $512,550. The project scope includes: various concrete improvements, including curb ramps, sidewalks, driveway approaches, curb and gutters, reconstruction of asphalt concrete pavement, resurfacing, striping, etc. While OmniTrans secured a FTA grant for the project, FTA required the City to participate in the project funding. On August 17, 2015 Council committed $410,040 for the City's participation in the project funding. A part of the funding is being used to provide construction administration, management and inspection, and was calculated at 7% of construction cost ($239,190). The balance of the funds is to be used for out of project scope items requested by the City. This amount is approximately 5% of the construction cost ($170,850). Initially City staff was expecting to pay Omnitrans for City requested out of scope work who would then pay the contractor. It has since become apparent that this approach could complicate the contractor's pay requests as well as complicate Omnitrans' reimbursement grant requests to the FTA. As such, staff is recommending a separate agreement with the project contractor, Matich Corporation, for the "E" Street Project City requested additional work. Additional work could include such items as deteriorated electrical conduits for traffic signals/street lighting, ADA concrete compliance items, curb and gutter work not included in the plans, etc. As described above, City funds have already been committed for the work in the proposed agreement for the "E" Street Project. The City/Matich agreement is a "piggy back" agreement onto the Omnitrans competitive bid for this "E" Street Project. Matich will honor the bid unit prices as submitted and approved in the Omnitrans contract. City Attorney Review: Yes Supporting Documents: Resolution Approving Agreement with Matich Corp (DOCX) agrmt. 4287 (PDF) Attachment 1 - Omnitrans Agreement Matich E Street (PDF) Attachment 2 -Scope of Work (PDF) E Street MOU 2015-248 (PDF) E Street Reso 2015-192 (PDF) Reso 2015-192 Exh A (PDF) Reso 2015-192 Exh B (PDF) Updated: 3/3/2016 by Linda Sutherland J Packet Pg.417 7.B.a RESOLUTION NO. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO APPROVING AN AGREEMENT WITH THE MATICH 3 CORPORATION FOR CITY REQUESTED ADDITIONAL WORK FOR THE "E' STREET IMPROVEMENT PROJECT. o 4 a. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF L SAN BERNARDINO AS FOLLOWS: co w 6 L ° SECTION 1. The City Manager is hereby authorized and directed to execute, on 7 behalf of the City, an Agreement with Matich Corporation for City requested additional work 8 9 for the `B" Street Improvement Project attached hereto as Exhibit "A" and incorporated 3 10 herein by this reference. E L 11 SECTION 2. That this authorization is null and void is the agreement is not executed 12 00 by all parties within sixty(60) days. v 13 Q 14 15 16 3 17 E 18 19 20 0 Q. 21 a o 22 0 23 D 24 /// E 25 26 a 27 28 1 Packet Pg.418 7.B.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING AN AGREEMENT WITH THE MATICH 2 CORPORATION FOR CITY REQUESTED ADDITIONAL WORK FOR THE "E' STREET IMPROVEMENT PROJECT. 3 0 L 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a. d a� 5 Common Council of the City of San Bernardino at a meeting U) W 6 0 thereof, held on the day of , 2016, by the following vote, to wit: 12 7 r 8 Council Members: AYES NAYS ABSTAIN ABSENT 5; 9 MARQUEZ 3 c m 10 BARRIOS L 11 VALDIVIA a 12 ti N SHORETT 13 =. L 14 NICKEL °� 15 RICHARD a 16 MULVIHILL 3 17 d 18 °' 19 Georgeann Hanna, City Clerk Q _ 20 The foregoing resolution is hereby approved this day of , 2016. o L a 0. 21 a 0 22 R. CAREY DAVIS, Mayor City of San Bernardino y 23 Approved as to form: 24 GARY D. SAENZ, City Attorney a� E 25 U By: a 26 27 28 2 Packet Pg.419 ,..rnrrr 7.B.b AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH CORPORATION FOR ADDITIONAL WORK FOR THE"E" STREET IMPROVEMENT PROJECT This agreement (the "Agreement") is entered into this day of , 20_, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); U U AND, a Matich Corporation (the "CONTRACTOR") (individually CITY or CONTRACTOR may be referred to as a "PARTY" and collectively CITY and CONTRACTOR may be referred to as the"PARTIES"). ` ' 0 WITNESSETH : cc 2 WHEREAS, CONTRACTOR entered into that certain Contract Agreement No. IFB-IPM015- 10 with Omnitrans, attached hereto as Attachment "I" and incorporated herein, a joint powers 3 authority organized under Sections 6500, et seq., of the California Government Code and Section 130255 of the California Public Utilities Code for improvements to "E" Street in the City of San E Bernardino between 10`J' Street and Highland Avenue; and, a WHEREAS, the Mayor and Common Council of CITY have determined that it is advantageous co and in the best interest of the CITY to contract for additional improvements to "E" Street in the City of San Bernardino between IO'h Street and Highland Avenue; and, N It WHEREAS, Omnitrans did solicit and accept quotes from available contractors for the improvements to "E" Street and CONTRACTOR was the lowest responsible bidder and E Cn CONTRACTOR has agreed to honor the bid prices for work to be performed for the CITY to "E" Street; and, a� E WHEREAS, CITY and CONTRACTOR desire to contract for additional improvements to "E" Street as part of the project and desire to set forth their rights, duties, and liabilities in connection Q with their performance; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. IlI CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E"STREET IMPROVEMENTS Page t of 9 Packet Pg.420 I iw ski : NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of CONTRACTOR to provide those products and services as set forth on Attachment "1," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. 2.1 Compensation. CONTRACTOR shall be paid for the services set forth in a Attachment "2" no greater than ONE HUNDRED SEVENTY THOUSAND o EIGHT HUNDRED FIFTY DOLLARS ($170,$50). No other amounts, except a those expressly provided for in this Agreement, shall be paid by CITY. a co 2.2 Additional Services. CONTRACTOR shall not receive compensation for any w services provided outside the scope of services specified in this Agreement unless ° the CITY, prior to CONTRACTOR performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be y barred and are unenforceable. 3 _ 3.3 Method of Billing. CONTRACTOR may submit invoices to CITY for E approval at intervals no more often than monthly. Said invoice shall be based on W CD the total of all CONTRACTOR's products and services that have been supplied a and performed to the CITY's sole satisfaction. CITY shall pay CONTRACTOR's co invoice within forty-five (45) days from the date CITY receives said invoice. N Each invoice shall describe in detail the products supplied, the services ti co performed, and the associated time for completion. Any additional products or services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change E order, where applicable, on all invoices. a.: 3.4 Records and Audits. Records of CONTRACTOR's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY upon reasonable a notice. 3. TERM; TERMINATION. The term of this Agreement shall be from the Effective Date until June 30, 2017, inclusive. This Agreement may be terminated at any time upon thirty (30) days written notice by either PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing. The duration of this Agreement may be extended with the written consent of both parties. CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E" STREET IMPROVEMENTS Page 2 of 9 Packet Pg.421 FA 4. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents, or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury,including death, or property damage, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or o alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of a express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the CONTRACTOR relating to or in any way connected with the accomplishment of the work or performance of services under this o Agreement. 4- U 5. INSURANCE. 5.1 Minimum Scope and Limits of Insurance. CONTRACTOR shall obtain and maintain during the life of this Agreement all of the following insurance coverage: L (a) Comprehensive general liability, including premises-operations, ¢ products/completed operations, broad form property damage, blanket contractual liability, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined singles limits, per occurrence and aggregate. C4 (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with L a policy limit of not less than One Million Dollars ($1,000,000.00), combined w single limits, per occurrence and aggregate. C E (c) Worker's compensation insurance as required by the State of California. cc .c 5.2 Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced,until thirty(30) days after written notice is given to City." CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E" STREET IMPROVEMENTS Page 3 of 9 Packet Pg.422 7.B.b (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." 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 Agreement. 5.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained within this Agreement, or the extent to which CONTRACTOR may be held responsible for payments of damages to 0 L persons or property. o. a� as L 6. NON-DISCRIMINATION. in w In the performance of this Agreement and in the hiring and recruitment of employees, 0 CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. c a� 7. INDEPENDENT CONTRACTOR. E a� L CONTRACTOR shall perform work tasks provided by this Agreement, but for all intents and Q purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all 00 payment of Income Tax, Social Security, State Disability Insurance Compensation, -- Unemployment Compensation, and other payroll deductions for CONTRACTOR and its o officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. E 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. E CONTRACTOR warrants that it possesses or shall obtain prior to execution of this Agreement, U and maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code, and a any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E"STREET IMPROVEMENTS Page 4 of 9 Packet Pg.423 7.B.b U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE CONTRACTOR: City Manager Matich Corporation 300 N. "D" Street, 6th Floor P.O. Box 10 San Bernardino, CA 92411 Highland, CA 92346 Attn: Robert M. Matich,Vice President Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. a 4, m 10. ATTORNEYS' FEES co In the event that litigation is brought by any PARTY in connection with this Agreement, the o 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 hereunder or the enforcement of any of the terms, conditions or provisions g hereof. The costs, salary and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 3 purposes of this paragraph. a E a� 11. ASSIGNMENT. a CONTRACTOR shall not voluntarily or by operation of law assign,transfer, sublet or encumber co all or any part of the CONTRACTOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall ti constitute a breach of this Agreement and cause for the termination of this Agreement. Cq Regardless of CITY's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by E CONTRACTOR hereunder for the term of this Agreement. r c a� 12. VENUE. E The parties hereto agree that all actions or proceedings arising in connection with this Agreement a shall be tried and litigated in the Superior Court of the State of California for the County of San Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E" STREET IMPROVEMENTS Page 5 of 9 Packet Pg.424 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. a 0 If any provision of this Agreement is determined by a court of competent jurisdiction to be a invalid or unenforceable for any reason, such determination shall not affect the validity or a enforceability of the remaining terms and provisions hereof or of the offending provision in any w other circumstance, and the remaining provisions of this Agreement shall remain in full force o and effect. c 17. REMEDIES; WAIVER. All remedies available to either PARTY for one or more breaches by the other PARTY are and 3 shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. a� a� L The delay or failure of either PARTY to require performance or compliance of the other of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to co require such performance or compliance. No waiver of any provision of this Agreement shall be N effective unless made in writing and signed by a duly authorized representative of the PARTY against whom it is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such right or remedy with respect to any future E occurrences or events and shall not be deemed a continuing waiver. E w 18. ENTIRE AGREEMENT. E This Agreement constitutes the entire agreement and the understanding between the PARTIES, m and supersedes any prior agreements and understandings relating to the subject matter of this Q Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the PARTY CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E" STREET IMPROVEMENTS Page 6 of 9 Packet Pg.425 executing (or on whose behalf such signature is execute) with the same force and effect as if such facsimile or".pdf' signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the PARTIES hereto are formally bound to the provisions of this Agreement. o a. m 22. COMPLIANCE WITH LAW co W CONTRACTOR agrees to abide by all federal, state, and local laws, ordinances and regulations. L- 12 23. FORCE MA,IEURE. A PARTY shall not be liable for any failure or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but 3 not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. as 24. RESPONSIBILITY FOR ERRORS. a ti co CONTRACTOR shall be responsible for its work and results under this Agreement. CONTRACTOR, when requested by CITY, shall furnish clarification and/or explanation as may r- be required by CITY's representative, regarding any services rendered under this Agreement at N no additional cost to CITY. In the event that an error or omission attributable to CONTRACTOR E occurs, then CONTRACTOR shall, at no cost to CITY, provide all necessary services to rectify rn and correct the matter to the sole satisfaction of CITY and to participate in any meeting required r with regard to the correction. d E _ 25. ORDER OF PRECEDENCE. Y a In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 26. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E"STREET IMPROVEMENTS Page 7 of 9 Packet Pg.426 P..w 7.B.b its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of authorship of any of the provisions of this Agreement. 27. RECITALS The recitals set forth above are, by this reference, incorporated into and deemed a part of this Agreement. 28. SUBCONTRACTORS CITY hereby consents to CONTRACTOR's subcontracting of potions of the work to be completed under this Agreement to those entities identified in Attachment "I" Paragraph 12, so long as each subcontract includes the stipulation that CONTRACTOR and not CITY is solely o responsible for payment to the subcontractor for all amounts owing and that the subcontractor a shall have no claim, and shall take no action against CITY for nonpayment by CONTRACTOR. w [Signature Page Follows] L 5 3 c a� m L Q ti co N 7T- I- 00 N E L Cn C E t V R Q CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E"STREET IMPROVEMENTS Page 8 of 9 Packet Pg.427 lop" AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH CORPORATION FOR ADDITIONAL WORK FOR THE "E" STREET IMPROVEMENT PROJECT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,201_ CONTRACTOR: MATICH U 2 By: o a Its: L co w L Dated , 201_ CITY OF SAN BERNARDINO r By: Mark Scott, City Manager E a� L APPROVED AS TO FORM: a Gary D. Saenz, City Attorney N d' B . N r E L 0) a) E V Y Q CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR"E" STREET IMPROVEMENTS Page 9 of 9 Packet Pg. 428 7.B.c 1700 W.Fifth St. WrAr OmniTrans San Bernardino,CA 92411 909-379-7100 Connecting Our Community. www.omnitrans.org Q 0 ITEM# E17 aL DATE: May 6, 2015 a L i+ TO: Board Chair Alan Wapner and Members of the Omnitrans Board of Directors w L THROUGH: P. Scott Graham, CEO/General Manager FROM: Jennifer M. Sims, Director of Procurement s SUBJECT: AUTHORIZE AWARD—CONSTRUCTION CONTRACT IPM015-10 3 "E" STREET FROM 300'NORTHERLY OF 10TH STREET TO a HIGHLAND AVENUE PLAN NO. 13004 E at at L FORM MOTION a r- Authorize the CEO/General Manager to award Contract IPM015-10 to Matich Corporation of v Highland, CA, to provide construction for `B" Street from 300' Northerly of 10th Street to Highland Avenue Plan No. 13004 along the sbX E Street Corridor, in the amount of$3,417,000, L plus a 15% contingency of$512,550, and a Cost Allocation Plan of 3.27% in the amount of N $128,496, for a total not-to-exceed amount of $4,058,046, contingent upon approval by the w Federal Transit Administration. This item was reviewed by the Administrative and Finance Committee at its April 9, 2015 meeting, and recommended for approval by the Board of Directors. m BACKGROUND a, a The sbX E Street Corridor Bus Rapid Transit Project is a 15.7 mile long transit improvement project that connects the northern portion of the City of San Bernardino with the City of Loma Linda. Along the corridor, there is a stretch of road on E Street from 300' North of 10th Street to Highland Avenue that is in disrepair. It contains severe transverse and longitudinal cracks, O potholes, and base failures. r C At the time plans for construction were approved for the sbX project, the City informed E Omnitrans of the need to address this stretch of road as part of the sbX project. Omnitrans committed to incorporate a 1 %Z" grind and overlay of this area into the construction contract a after bid. However, after performing core sampling, it was revealed that the proposed 1 '/2" grind and overlay would not provide adequate support for the added bus traffic introduced by the sbX line and would deteriorate rapidly. The requirements to properly address the repairs to the road E increased due to the now known existing subsurface road conditions. Z 63 Packet Pg. 429 7.B.c Board Chair Alan Wapner and Members of the Omnitrans Board of Directors May 6,2015 -Page 2 The existing road conditions along this stretch of the road are causing unnecessary "wear and tear" to the buses and it is necessary to make the required repairs to the road. As this project is mutually beneficial to the City of San Bernardino, the riding public on the sbX corridor, and for the safety and preservation of Omnitrans' investment. A Letter of Intent was forwarded to the FTA in March 2015 requesting concurrence from the FTA to move forward on this project. a- Omnitrans is waiting on a response from the Federal Transit Administration regarding the Letter of Intent. If approval is not received from the Federal Transit Administration by May 22, 2015, the bid will expire and the contract will not be awarded. W L On July 10, 2014, Omnitrans' Board of Directors authorized staff to release Invitation for Bids IFB-IPMO15-10. Notices were published in two local newspapers of general circulation and posted on Omnitrans' online bidding system. The original Independent Cost Estimate(ICE) was $2,475,900.90. As a result of changes to the technical specifications, the ICE was revised to a cost of$2,960,575.90. 3 as On January 22, 2015, a public bid opening was held at Omnitrans' Headquarters. Five (5) bids E were received.Two bids were deemed responsive. a Listed below are the responsive bids received: ti N BIDDER PRICE as L Mme+ Matich Corp. $3,417,000.00 W Griffith Co. $3,901,902.00 .r Matich Corp. is a local company founded in 1912. Award is recommended to the lowest, responsive, responsible bidder. Price is deemed fair and reasonable as the bid is within fifteen (15)percent of the ICE. a This procurement meets the requirements of Omnitrans' procurement policies and procedures. L FUNDING SOURCE E O INTERNAL SOURCE GRANT# YEAR PROJECT NAME ORDER AMOUNT FTA CA-90-Y850 2011 10 /Highland TBD $ 1,459,831 Measure I TBD TBD 10 /Highland TBD $ 1,900,000 :3 STA 13-10-OMN-B 2012 10 /Highland TBD $ 698,215 `t TOTAL $ 4,058,046 E U Verification of Funding Source and Availability of Funds. Y (Verified and initialed by Finance) a 64 Packet Pg.430 -..rnrr�rr 7.B.c Board Chair Alan Wapner and Members of the Omnitrans Board of Directors May 6,2015-Page 3 CONCLUSION Approval of this item will provide maintained infrastructure to keep the sbX line operating safely r along the corridor. o L PSG:JMS a� L Y CO W L 0 V CC� G �.1 E L a 00 N d' L W V id C� G �cc G Q1 L a V) L E 0 r E V a cdc G V a 65 Packet Pg. 431 k T . y t�rt�t rTrans s CONTRACT CONTRACT AGREEMENT c L a. between Q CONTRACTOR } CONTRACT DOCUMENTS w } L Matich Corporation ) CONTRACT NO. IFB-IPM015-10 PO Box 10. ) Highland, Ca 92346 } PAVEMENT REHABILITATION OF } "E" STREET FROM 300' NORTHERLY (hereinafter"CONTRACTOR") } OF 10TH STREET TO HIGHLAND 3 Telephone: (909) 382-7400 ) AVENUE. Fax: (909) 382-0113 ) a� ) L ) Co ) N 1 ++ And } Contract Amount: .$3,417,000.00 ) w Omnitrans } Omnitrans Proiect Manager: 1700 West Fifth Street ) Name: Andres Ramirez San Bernardino, CA 92411 } Title: Program Manager a (hereinafter"OMNITRANS") ) Telephone: (909) 379-7288 } FS Fax: (909) 379-7107 } Email: andres.ramireze-omnitrans.org E } 0 } Contract Administrator: } Name: Jennifer Sims } Title: Sr. Contract Administrator E } Telephone- (909) 379-7203 0 } Fax: (909) 379-7107 a } Email: jennifer.simse-omnitrans.org _ a a CONTRACT NO.IFB-IPMO15-14 Contract 1 of 18 Packet Pg. 432 7.B.c CONFORNMD SET 0 OthniTrans TABLE OF CONTENTS cn w 1. SCOPE OF WORK............................................................................................ 4 0 2. PERIOD OF PERFORMANCE................................................................ ..........4 2 3. COMPENSATION.............................................................................................. 5 4. INVOICING AND PAYMENT.............................................................................. 5 3 c a� 5. AUDITAND INSPECTION OF RECORDS ........................................................ 6 a� L 6. NOTIFICATION.................................................................................................. 6 co ti 7. OMNITRANS'AND CONTRACTOR'S REPRESENTATIVES ............................ 6 8. DISPUTE RESOLUTION ................................................................................... 8 L *4000' 9. TERMINATION FOR CONVENIENCE............................................................... 8 w s 10. TERMINATION FOR BREACH OF AGREEMENT............................................. 9 r 11. ASSIGNMENT.................................................................................... ............ 9 a� 12. SUBCONTRACTING ......................... ..... ..........................I.............,,...,.... 10 L 13. INDEPENDENT CONTRACTOR .......... ... ..... ................................... 10 a 14. INSURANCE............................... ` 15. INDEMNITY......................................................................................................11 0 16. REVISIONS IN SCOPE OF WORK..................................................................11 0 17. RIGHTS IN TECHNICAL DATA.........................................................................11 18. OWNERSHIP OF REPORTS AND DOCUMENTS................... 19. OWNERSHIP RIGHTS..................................................................................... 12 s 20. WORK FOR HIRE............................................................................................ 12 a CONTRACT NO.IFS4PMO15-10 Contract 2 of 18 Packet Pg. 433 7.B.c CONFORMED SET 21. SUBMITTAL OF CLAIMS BY CONTRACTOR. ......... ..:.. ,..a...*. ,.................. 13 22. EQUAL OPPORTUNITY...................................................................................13 24. NOTIFICATION OF EMPLOYMENT OF OMNITRANS BOARD o MEMBERS/ALTERNATES AND EMPLOYEES ................................................ 14 a� 25. DISQUALIFYING POLITICAL CONTRIBUTIONS ................ ........................14 y 26. COMPLIANCE WITH LAW........... aa... . ..,... • . ,t.rt..,.tk• ...•t.( + .....rrrr�4 w O s 27. COMPLIANCE WITH LOBBYING POLICIES ........................14 28. PUBLIC RECORDS ACT..................................................................................14 29. WAIVER/INVALIDITY .......................................................................................15 c a� 30. FORCE MAJEURE E L 31. CONFIDENTIALITY..........................................................................................15 Q ti 32. CONTRACTOR'S INTERACTION WITH THE MEDIAAND THE PUBLIC ....... 16 co 33. GOVERNING LAW...........................................................................................16 L i.. 34. MODIFICATIONS TO AGREEMENT................................................................ 16 w s U 35. LICENSING, PERMITS AND INSPECTION COSTS........................................17 36. PRECEDENCE.......................... ...... ...................,..................................17 r_ (D E 37. ENTIRE AGREEMENT.....................................................................................18 0) Q L Exhibit A— Notice of Inviting Bids —Section I-V Q Exhibit B—Insurance Requirements Exhibit C —California Unified Certification Program Exhibit D— Project Technical Specification o Exhibit E— Project Special Provisions Exhibit F—Project Drawings and Plans c Exhibit G—Geo Technical Report Exhibit H—CALTRANS STANDARDS s Exhibit I — Survey Monuments and Project Location CU Exhibit J—Regulatory Requirements Q Exhibit K—Protest Policy a� E s U f6 rr a✓ Q CONTRACT NO.IFB-IPM015.10 Contract 3 of 18 Packet Pg. 434 7.B.c CONFORMED SET This Agreement is made and entered into as of this 21st day of May, 2015, by and between Omnitrans (hereinafter referred to as "OMNITRANS") and Matich Corporation. (hereinafter referred to as "CONTRACTOR"). U RECITALS °' 'o L a. WHEREAS, OMNITRANS is a joint powers authority organized under Sections 6500 et seq. of the California Government Code and Section 130255 of the California Public Utilities Code with power to contract for services described in Exhibit A to this Cn Agreement entitled "Exhibit A, Technical Specifications" thereinafter referred to as o "Work"); U WHEREAS, CONTRACTOR has indicated it is qualified to perform such services and (1) has reviewed all the available data furnished by OMNITRANS pertinent to the Work to be rendered; (2) has inspected and reviewed the Work to be rendered; (3) will 3 exercise the ordinary care and skill expected of a practitioner in its profession; and (4) is willing to accept responsibility of performing the Work set forth in this Agreement for the compensation and in accordance with the terms, requirements and conditions herein L specified; a NOW, THEREFORE, for the consideration hereinafter stated, the parties agree as o follows: a 1. SCOPE OF WORK ;v A. CONTRACTOR will perform the Work and related tasks as described in w Exhibit D, Technical Specifications, Exhibit F, Special Provisions, and Exhibit F, Drawings and Plans hereto and is incorporated by reference into and made a part of this Agreement. B. This is a non-exclusive Agreement, whereby OMNITRANS may, at its sole discretion, augment or supplant the Work with its own forces or forces of another Contractor or entity. CONTRACTOR will cooperate fully with y OMNITRANS' staff or other Contractor or entity that may be providing similar or the same Work for OMNITRANS. E 2. PERIOD OF PERFORMANCE O The term of this Agreement shall be from the date of issuance of a Notice to Proceed and in effect through 200 WORKING DAYS, unless terminated as E specified in Section 8 and 9 of this Agreement. Omnitrans has no obligation to purchase any specified amount of products/services. All applicable r indemnification provisions in this Agreement shall remain in effect following the Q termination of this Agreement. E a CONTRACT NO.IF84PMOI5-10 Contract 4 of 18 Packet Pg. 435 7.B.c CONFORMED SET Omnitrans' election to extend the Agreement beyond the Initial Term shall not diminish its right to terminate the Agreement for Omnitrans' convenience or CONTRACTORS default as provided elsewhere in this Agreement. The o "maximum term" of this Agreement shall be the period extended from . Through ., a which period encompasses the Initial Term, L 3. COMPENSATION w L Q For CONTRACTOR's full and complete performance of its obligations under this Agreement, OMNITRANS shall pay CONTRACTOR on a UNIT PRICE AND w LUMP SUM basis based on the bid schedule form and schedule of values, subject to the maximum cumulative payment obligation. OMNITRANS' maximum cumulative payment obligation under this Agreement shall not exceed Three Million, Four Hundred and Seventeen Thousand Dollars E and Zero Cents. Dollars ($3,417,000.00.), including all amounts payable to CONTRACTOR for all costs, including but not limited to direct labor, other direct a costs, subcontracts, indirect costs including, but not limited to travel, leases, materials, taxes, insurance, and profit. N v 4. INVOICING AND PAYMENT A. CONTRACTOR shall invoice OMNITRANS on a monthly basis as N specified in Section V of the IFB "General Provisions." Section B PROGRESS PAYMENTS, a CONTRACTOR shall submit invoices in duplicate to: _ OMNITRANS 1700 West Fifth Street San Bernardino, CA 92411 a Attn: Dennice Raygoza L Sr. Contracts Administrator B. OMNITRANS shall remit payment within thirty (30) calendar days of approval of the invoices by OMNITRANS' Project Manager. a� In the event OMNITRANS should overpay CONTRACTOR, such E overpayment shall not be construed as a waiver of OMNITRANS' right to U obtain reimbursement for the overpayment. Upon discovering any Q overpayment, either on its own or upon notice of OMNITRANS, CONTRACTOR shall immediately reimburse OMNITRANS the entire overpayment or, at its sole discretion, OMNITRANS may deduct such overpayment amount from monies due to CONTRACTOR under this Agreement or any other Agreement between OMNITRANS and CONTRACTOR. CONTRACT NO,IF13•IPMO15-10 Contract 5 of 18 Packet Pg. 436 7.B.c CONFORMED SET 5. AUDIT AND INSPECTION OF RECORDS CONTRACTOR agrees that OMNITRANS or any duly authorized representative shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time cards, employment records or other records relating to this Agreement. Such material, including all pertinent cost, a accounting, financial records, and proprietary data must be kept and maintained by CONTRACTOR for a period of three (3) years after completion of this Agreement unless OMNITRANS' written permission is given to CONTRACTOR N to dispose of material prior to this time. o Reference Section V of the 11713 "General Provisions." Section XX DOCUMENT RETENTION for additional terms and conditions. 6. NOTIFICATION All notices hereunder concerning this Agreement and the Work to be performed shall be physically transmitted by courier, overnight, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: a ti 00 N To OMNITRANS: To CONTRACTOR: Omnitrans Matich Corporation Cn 1700 West Fifth Street PO. Box 10 w San Bernardino, CA 92411 Highland, CA 92346 Attn: Contract Administrator Attn: Robert M. Matich, Vice President _ a� E d $D L 7. OMNITRANS'AND CONTRACTOR'S REPRESENTATIVES Q A. OMNITRANS' Project Manager Contracting Officer: OMNITRANS' CEO/General Manager or his o authorized designee who has authority to execute contracts on behalf of OMNITRANS. Q E Project Manager: Andres Ramirez. a a. Except as expressly specified in this Agreement, the Contracting a Officer may exercise any powers, rights and/or privileges that have been lawfully delegated by OMNITRANS. Nothing in this E Agreement should be construed to bind OMNITRANS for acts of its U officers, employees, and/or agents that exceed the delegation of V authority specified herein. a _ CONTRACT NO.IFB-IPM015-10 Contract 6 of 18 Packet Pg. 437 7.B.c CONFORMED SET b. The Contracting Officer has delegated to the Project Manager certain powers and duties in connection with this Agreement. The Project Manager is the authorized representative of the Contracting Officer for matters related to this Agreement. The Project Manager or his/her designee is empowered to: 0 a. L 1. Have general oversight of the Work and this Agreement, including the power to enforce compliance with this Agreement. w L 2. Reserve the right to remove any portion of the Work from 0 CONTRACTOR which have not been performed to OMNITRANS' satisfaction. 3. Subject to the review and acceptance by OMNITRANS, 3 negotiate with CONTRACTOR all adjustments pertaining to this Agreement for revision. a) C. In addition to the foregoing, the Project Manager shall have those Q, rights and powers expressly set forth in other sections of this Q Agreement. N <P B. Contractor's Key Personnel a� The following are CONTRACTOR's key personnel and their associated co ..� roles in the Work to be provided: w 2 Name Role to be submitted at a later date E a L E Any propose/substitution or replacement by Contractor of Contractor's key personnel shall ensure that such person possesses the same or better T expertise and experience than the key personnel being substituted or replaced. Omnitrans reserves the right to interview such person to ascertain and verify if such proposed substitution or replacement does in deed possess such expertise and experience. Q OMNITRANS awarded this Agreement to CONTRACTOR based on OMNITRANS' confidence and reliance on the expertise of CONTRACTOR's key personnel described above. CONTRACTOR shall not reassign key personnel or assign other personnel to key personnel a CONTRACT NO. IFB-IPM015-10 Contract 7 of 15 Packet Pg. 438 7.B.c CONFORMED SET roles until CONTRACTOR obtains prior written approval from OMNITRANS. Reference Section V of the IFB "General Provisions," Section KK CONTRACTOR'S REPRESENTATIVE, ORGANIZATION AND a PERSONNEL for additional terms and conditions. a� 8. DISPUTE RESOLUTION IL 0 Any disputes between the successful CONTRACTOR and OMNITRANS relating to the implementation or administration of the Contract shall be resolved in accordance with this section. s 45 A. The parties shall first attempt to resolve the dispute informally in meetings or communications between proposer and OMNITRANS. CD B. If the dispute remains unresolved fifteen (15) days after it first arises, proposer may request that Omnitrans' CEO/General Manager issue a a recommended decision on the matter in dispute. Omnitrans' CEO/General Manager shall issue the recommended decision in writing and provide a copy to proposer. C. If the dispute remains unresolved after review by Omnitrans' CEO/General Manager, either party may seek judicial resolution of the dispute in an w appropriate Court of the State of California. D. Pending final resolution of a dispute under this section, proposer shall proceed diligently with performance in accordance with the Contract and Omnitrans' CEO/General Manager's recommended decision. E 9. TERMINATION FOR CONVENIENCE a OMNITRANS may terminate this Agreement in whole or in part for OMNITRANS' convenience. Omnitrans' CEO/General Manager shall terminate this Agreement by a written Notice of Termination to CONTRACTOR specifying the nature, o extent, and effective date of the termination. Upon receipt of the notice of termination, CONTRACTOR shall immediately discontinue all Work affected and deliver all data, drawings, specifications, reports, estimates, summaries, and Q other information and materials accumulated in performing this Agreement, whether completed or in process, to Omnitrans' CEO/General Manager. r OMNITRANS shall make an equitable adjustment in the Agreement for Work a already performed, but shall not allow anticipated profit on unperformed services. Force Majeure shall apply. E U Reference Section V of the IFB °General Provisions." Section WW TERMINATION FOR CONVENIENCE for additional terms and conditions. a CONTRACT NO_IFB-IPM016-10 Contract 8 of 18 Packet Pg. 439 7.B.c CONFORMED SET 10. TERMINATION FOR BREACH OF AGREEMENT A. If CONTRACTOR fails to perform any of the provisions of this Agreement or so fails to make progress as to endanger timely performance of this Agreement, OMNITRANS may give CONTRACTOR written notice of such o default. If CONTRACTOR does not cure such default or provide a plan to a. cure such default which is acceptable to OMNITRANS within the time permitted by OMNITRANS, then OMNITRANS may terminate this n Agreement due to CONTRACTOR's breach of this Agreement. w L 0 B. If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR makes an assignment for the benefit of creditors, then OMNITRANS may immediately terminate this Agreement. C. If CONTRACTOR violates Section 26, Compliance with Lobbying Policies, of this Agreement, then OMNITRANS may immediately terminate this E Agreement. L a D. In the event OMNITRANS terminates this Agreement as provided in this Section, OMNITRANS may procure, upon such terms and in such manner N as OMNITRANS may deem appropriate, Work similar in scope and level of effort to those so terminated, and CONTRACTOR shall be liable to OMNITRANS for all of its costs and damages, including, but not limited, Cn any excess costs for such Work. w E. All finished or unfinished documents and materials produced or procured under this Agreement shall become OMNITRANS' property upon date of such termination. E F. If, after notice of termination of this Agreement under the provisions of this Section, it is determined for any reason that CONTRACTOR was not in a default under the provisions of this Section, or that the default was excusable under the terms of this Agreement, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 8, Termination for Convenience. E 0 IL G. The rights and remedies of OMNITRANS provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided a) by law or under this Agreement. _ U 11. ASSIGNMENT a Reference Section V of the IFB "General Provisions." Section EEE d ASSIGNMENT for terms and conditions. U Q CONTRACT NO.IFB-IPM015.10 Contract 9 of 18 Packet Pg. 440 7.B.c CONFORMED SET 12. SUBCONTRACTING OMNITRANS hereby consents to CONTRACTOR's subcontracting of portions of the Work to the parties identified below for the functions described in CONTRACTOR's proposal. CONTRACTOR shall include in each subcontract CU agreement the stipulation that CONTRACTOR, not OMNITRANS, is solely o responsible for payment to the subcontractor for all amounts owing and that the a subcontractor shall have no claim, and shall take no action against OMNITRANS, Member Agencies or officers, directors, employees or sureties thereof for in nonpayment by CONTRACTOR. w 0 Subcontractor's Name and Address Work to Be Performed :1 Pavement Recycling Systems Pulverize and Cement Treat 10240 San Sevaine Way, Jurupa Valley 45 Surina Construction Company Water Line Replacement 17761 SloverAvenue, Bloomington Harber Companies PCC Removal 1880 Riverview Drive, San Bernardino a ti 13. INDEPENDENT CONTRACTOR Co CONTRACTOR's relationship to OMNITRANS in the performance of this Agreement is that of an independent Contractor. CONTRACTOR's personnel performing Work under this Agreement shall at all times be under w CONTRACTOR's exclusive direction and control and shall be employees of CONTRACTOR and not employees of OMNITRANS. CONTRACTOR shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. a Reference Section V of the 11713 "General Provisions." Section GG INDEPENDENT CONTRACTOR for additional terms and conditions. 14. INSURANCE o IL Throughout the duration of this Agreement, CONTRACTOR shall maintain the insurance coverage, which shall be full-coverage insurance not subject to self- 0) insurance provisions. CONTRACTOR shall not of its own initiative cause such insurance to be canceled or materially changed during the term of this w Agreement. a E a CONTRACT NO.IFE14PM01540 Contract 10 of 1t; Packet Pg. 441 7.B.c ' CO NFORMED SET 15. INDEMNITY CONTRACTOR shall indemnify, defend and hold harmless OMNITRANS and the City of San Bernardino, and its member agencies, and their officers, directors, employees and agents from and against any and all liability, expense (including, o but not limited to, defense costs and attorneys' fees), claims, causes of action, a and lawsuits for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage (including property of CONTRACTOR) arising from or connected with any alleged act and/or omission w of CONTRACTOR, its officers, directors, employees, agents, SubContractors or o suppliers. This indemnity shall survive termination or expiration of this Agreement and/or final payment thereunder. •2 16. REVISIONS IN SCOPE OF WORK 3 By written notice or order, OMNITRANS may, from time to time, order work CD suspension or make changes to this Agreement. Changes in the Work shall be E mutually agreed to and incorporated into an amendment to this Agreement. L Upon execution of an amendment, CONTRACTOR shall perform the Work, as Q amended. ti co 17. RIGHTS IN TECHNICAL DATA A. No material or technical data prepared by CONTRACTOR under this Agreement is to be released by CONTRACTOR to any other person or entity except as necessary for the performance of the Work. All press releases or information concerning the Work that might appear in any publication or dissemination, including but not limited to, newspapers, magazines, and electronic media, shall first be authorized in writing by OMNITRANS. E a a B. The originals of all letters, documents, reports and other products and a data produced under this Agreement shall become the property of OMNITRANS without restriction or limitation on their use and shall be made available upon request to OMNITRANS at any time. Original copies of such shall be delivered to OMNITRANS upon completion of the Work or o termination of the Work. CONTRACTOR shall be permitted to retain , copies of such items for the furtherance of its technical proficiency; y however, publication of this material is subject to the prior written approval of OMNITRANS. The provisions of this paragraph shall survive E termination or expiration of this Agreement and/or final payment thereunder. a 18. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all letters, documents, reports and other products and data CU produced under this Agreement shall be delivered to, and become the sole and a exclusive property of OMNITRANS. Copies may be made for CONTRACTOR's records, but shall not be furnished to others without prior written authorization CONTRACT NO.IFB•IPM015-10 Contract 11 of 18 Packet Pg. 442 7.B.c CONFORMED SET from OMNITRANS. Such deliverables shall be deemed works made for hire, and all rights in copyright therein shall be retained by OMNITRANS. 19. OWNERSHIP RIGHTS d A. In the event OMNITRANS rightfully obtains copies of Proprietary Data o a. under the terms of the separate License Agreement and Escrow Agreement that govem rights in Documentation, Software and Intellectual L Property created and/or developed by Contractor, its Third Party Software M Contractors and its Suppliers as part of the Project, any derivative works w L and associated documentation created by or on behalf of OMNITRANS by ° Permitted Programmers (as defined in the License Agreement) shall be the sole and exclusive property of OMNITRANS (collectively, "OMNITRANS Intellectual Property"), and OMNITRANS may use, disclose s and exercise dominion and full rights of ownership, in any manner in 3 OMNITRANS Intellectual Property in connection with the use, operation and maintenance of a transportation system administered by M OMNITRANS. No use of OMNITRANS Intellectual Property shall be made for any purpose other than in conjunction with a transportation a system administered by CONTRACTOR, and OMNITRANS shall not sell, lease, rent, give away or otherwise disclose any OMNITRANS Intellectual co Property to any outside third party other than Permitted Programmers. To �± the extent there may be any question of rights of ownership or use in any OMNITRANS Intellectual Property, Contractor shall require all of its Y subcontractors and suppliers (including without limitation its Third Party co LU Software Contractors) to assign to OMNITRANS, all worldwide right, title and interest in and to all OMNITRANS Intellectual Property in a manner consistent with the foregoing terms of this paragraph. Contractor shall execute any documents as OMNITRANS may from time to time reasonably request to effectuate the terms of this paragraph. E a B. All documentation and Software which predates this Contract and which a otherwise owned by Contractor or its Third Party Software Contractors, and all Documentation and Software which is created by Contractor or its L Third Party Software Contractors shall be Licensed Software or Licensed Documentation, as appropriate. All Licensed Software and Licensed o Documentation shall be governed by the License Agreement by and , between the parties of event date herewith. aD 20. WORK FOR HIRE E Any work created or produced as a part of this Agreement that may be defined a under Section 101, Title 17, USC will be considered "work for hire" as it pertains to ownership rights. CONTRACTOR, by his/her endorsement hereon agrees that a all rights to any work(s) created or produced are waived, and that ownership = rests with OMNITRANS. CONTRACTOR further agrees to ensure transfer of all • rights to such work(s), as defined under federal copyright law, that may be a CONTRACT NO.IFUPM015-10 Contract 12 of 1 B Packet Pg. 443 7.B.c CONFORMED SET created or produced under this Agreement by its suppliers, Contractors or subcontractors. 21. SUBMITTAL OF CLAIMS BY CONTRACTOR Reference Section V of the IFB "General Provisions." Section D CLAIMS for a terms and conditions. a L Even though a claim may be fled and/or in review by OMNITRANS, in CONTRACTOR shall continue to perform in accordance with this Agreement. w L W 22. EQUAL OPPORTUNITY Y CONTRACTOR shall not discriminate against, or grant preferential treatment to, any individual or group, or any employee or applicant for employment because of 3 race, age, religion, color, ethnicity, sex, national origin, ancestry, physical �. disability, mental disability, political affiliation, sexual orientation, marital status or other status protected by law. CONTRACTOR shall take action to ensure that d applicants and employees are treated without regard to the above, is a 23. STANDARD OF PERFORMANCE ti co N A. CONTRACTOR shall perform and exercise, and require its subcontractors to perform and exercise due professional care and competence in the L performance of the Work in accordance with the requirements of this Agreement. CONTRACTOR shall be responsible for the professional w quality, technical accuracy, completeness and coordination of the Work, it being understood that OMNITRANS will be relying upon such professional quality, accuracy, completeness and coordination in utilizing the Work. �. The foregoing obligations and standards shall constitute the "Standard of Performance" for purposes of this Agreement. The provisions of this paragraph shall survive termination or expiration of this Agreement and/or final payment thereunder. a L B. All workers shall have sufficient skill and experience to perform the Work assigned to them. OMNITRANS shall have the right, at its sole discretion, o to require the immediate removal of CONTRACTOR's personnel at any level assigned to the performance of the Work at no additional fee or cost to OMNITRANS, if OMNITRANS considers such removal in its best E interests and requests such removal in writing and such request is not U done for illegal reasons. Further, an employee who is removed from Q performing Work under this Agreement under this Article shall not be re- assigned to perform Work in any other capacity under this Agreement a without OMNITRANS' prior written approval. E U a CONTRACT N0.IFB-IPM025-10 Contrad 13 of 18 Packet Pg. 444 7.B.c ' CONFORMED SET 24. NOTIFICATION OF EMPLOYMENT OF OMNITRANS BOARD MEMBERS/ALTERNATES AND EMPLOYEES To ensure compliance with OMNITRANS' Ethics Policy, CONTRACTOR shall provide written notice to OMNITRANS disclosing the identity of any individual CD who CONTRACTOR desires to employ or retain under a contract, and who (1) F a. presently serves as a Board Member/Altemate or an employee of OMNITRANS, or (2) served as a Board Member/Alternate or an employee of OMNITRANS L within the previous 12 months of the date of the proposed employment or n retention by CONTRACTOR. CONTRACTOR's written notice shall indicate w whether the individual will be an officer, principal or shareholder of the entity ° and/or will participate in the performance,of this Agreement. U 25. DISQUALIFYING POLITICAL CONTRIBUTIONS In the event of a proposed amendment to this Agreement, CONTRACTOR shall 3 provide prior to the execution of such amendment, a written statement disclosing any contribution(s) of $250 or more made by CONTRACTOR or its subcontractor(s) to Omnitrans Board Members/Altemates or employees within the preceding twelve (12) months of the date of the proposed amendment. Q Applicable contributions include those made by any agent/person/entity on behalf of CONTRACTOR or subcontractor(s). 26. COMPLIANCE WITH LAW L co CONTRACTOR shall familiarize itself with and perform the Work required under w this Agreement in conformity with requirements and standards of OMNITRANS, 0 municipal and public agencies, public and private utilities, special districts, and railroad agencies whose facilities and work may be affected by Work under this Agreement. CONTRACTOR shall also comply with all Federal, state and local E laws and ordinances. 27. COMPLIANCE WITH LOBBYING POLICIES c A. CONTRACTOR agrees that if it is a Lobbyist Employer or if it has retained a Lobbying Firm or Lobbyist, as such terms are defined by OMNITRANS in its Ethics Policy, it shall comply or ensure that its Lobbying Firm and o Lobbyist complies with OMNITRANS' Ethics Policy. r B. If CONTRACTOR (Lobbyist Employer) or its Lobbying Firm or Lobbyist fails to comply, in whole or in part, with OMNITRANS' Ethics Policy, such failure shall be considered a material breach of this Agreement and r OMNITRANS shall have the right to immediately terminate or suspend this a Agreement. E 28, PUBLIC RECORDS ACT A. All records, documents, drawings, plans, specifications and other material Q relating to conduct of OMNITRANS' business, including materials CONTRACT NO.IF04PMO15-10 Contract 14 of 18 Packet Pg. 445 7.B.c CONFORMED SET submitted by CONTRACTOR in its proposal and during the course of performing the Work under this Agreement, shall become the exclusive property of OMNITRANS and may be deemed public records. Said materials may be subject to the provisions of the California Public Records Act. OMNITRANS' use and disclosure of its records are governed by this o Act. a` r a B. OMNITRANS will not advise as to the nature or content of documents Q) entitled to protection from disclosure under the California Public Records w Act, including interpretations of the Act or the definitions of trade secret, o confidential or proprietary. OMNITRANS will accept materials clearly and prominently labeled "TRADE SECRET' or "CONFIDENTIAL" or "PROPRIETARY" as determined by CONTRACTOR. OMNITRANS will endeavor to notify CONTRACTOR of any request of the disclosure of such materials. Under no circumstances, however, will OMNITRANS be liable 3 or responsible for the disclosure of any labeled materials whether the disclosure is required by law or a court order or occurs through E inadvertence, mistake or negligence on the part of OMNITRANS or its officers, employees and/or Contractors. a C. In the event of litigation concerning the disclosure of any material N submitted by CONTRACTOR, OMNITRANS' sale involvement will be as a stake holder, retaining the material until otherwise ordered by a court. CONTRACTOR, at its sole expense and risk, shall be responsible for in prosecuting or defending any action concerning the materials, and shall W defend, indemnify and hold OMNITRANS harmless from all costs and expenses, including attorneys' fees, in connection with such action. 29. WAIVER/INVALIDITY E No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach of the provision, or of any other breach of a the provision of the Agreement. Failure of either party to enforce any provision of this Agreement at any time shall not be construed as a waiver of that provision. The invalidity in whole or in part of any provision of this Agreement shall not void o or affect the validity of any other provision. , 30. FORCE MAJEURE E Performance of each and all CONTRACTOR's and OMNITRANS' covenants herein shall be subject to such delays as may occur without CONTRACTOR's or a OMNITRANS' fault from acts of God, strikes, riots, or from other similar causes beyond CONTRACTOR's or OMNITRANS' control. 31. CONFIDENTIALITY c CONTRACTOR agrees that for and during the entire term of this Agreement, any information, data, figures, records, findings and the like received or generated by CONTRACT NO.IFB-IPM015-10 Contract 15 of 18 Packet Pg. 446 7.B.c ' CONFORMED SET CONTRACTOR in the performance of this Agreement, shall be considered and kept as the private and privileged records of OMNITRANS and will not be divulged to any person, firm, corporation, or other entity except on the direct prior written authorization of OMNITRANS. Further, upon expiration or termination of this Agreement for any reason, CONTRACTOR agrees that it will continue to treat as private and privileged any information, data, figures, records, findings a and the like, and will not release any such information to any person, firm, 0) corporation or other entity, either by statement, deposition, or as a witness, . except upon direct prior written authority of OMNITRANS. w 32. CONTRACTOR'S INTERACTION WITH THE MEDIA AND THE PUBLIC A. OMNITRANS shall review and approve in writing all OMNITRANS related copy proposed to be used by CONTRACTOR for advertising or public y relations purposes prior to publication. CONTRACTOR shall not allow 3 OMNITRANS related copy to be published in its advertisements and public relations programs prior to receiving such approval. E CD CONTRACTOR shall ensure that all published information is factual and that it does not in any way imply that OMNITRANS endorses a CONTRACTOR'firm, service, and/or product. ti 00 B. CONTRACTOR shall refer all inquiries from the news media to OMNITRANS, and shall comply with the procedures of OMNITRANS' CD Public Affairs staff regarding statements to the media relating to this Y Agreement or the Work. W w C. If CONTRACTOR receives a complaint from a citizen or the community, Y CONTRACTOR shall inform OMNITRANS as soon as possible and inform OMNITRANS of any action taken to alleviate the situation. _ a E D. The provisions of this Article shall survive the termination or expiration of this Agreement. a Reference Section V of the IFB "General Provisions." Section Y MEDIA AND THE PUBLIC for additional terms and conditions. E 33. GOVERNING LAW 0 r The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the E State of California, and the proper venue of any action brought hereunder is and shall be the County of San Bernardino, California. a 34. MODIFICATIONS TO AGREEMENT E Unless specified otherwise in the Agreement, this Agreement may only be U modified by written mutual consent evidenced by signatures of representatives a authorized to enter into and modify the Agreement. In order to be effective, amendments may require prior approval by OMNITRANS' Board of Directors, CONTRACT NO.IFB4PMO15-10 Contract 16 of 18 Packet Pg. 447 7.B.c CONFORMED SET and in all instances require prior signature of an authorized representative of OMNITRANS. 35. LICENSING, PERMITS AND INSPECTION COSTS r U d A. The FIRM warrants that it has all necessary licenses and permits required by the laws of the United States, State of California, and the County of a San Bernardino, the Local Jurisdictions, and all other appropriate governmental agencies, and agrees to maintain these licenses and Cn permits in effect for the duration of the Agreement. Further, FIRM t' warrants that its employees, agents, and Contractors and subcontractors shall conduct themselves in compliance with such laws and licensure requirements including, without limitation, compliance with laws applicable to nondiscrimination, sexual harassment and ethical behavior throughout the duration of this Agreement. FIRM further warrants that it shall not retain or employ an unlicensed subcontractor to perform work on this Project. FIRM shall notify OMNITRANS immediately and in writing of its E employees', agents', Contractors' or subcontractors' inability to obtain or d maintain, irrespective of the pendency of any appeal, any such licenses, a permits, approvals, certificates, waivers, exemptions. Such inability shall be cause for termination of this Agreement. o B. Contractor shall procure all permits and licenses; pay all charges, assessments and fees, as may be required by the ordinances and regulations of the public agencies having jurisdiction over the areas in which the work is located, and shall comply with all the terms and s conditions thereof and with all lawful orders and regulations of each such public agency relating to construction operations under the jurisdiction of such agency. E Reference Section V of the IFB "General Provisions." Section V LICENSING, PERMITS AND INSPECTION COSTS for additional terms a and conditions. W L 36. PRECEDENCE E 0 Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: A. Change Ord ers and Modification after execution of Agreement B. Agreeme nt including all exhibits, attachments, appendices, Supplements and Addenda reference therein, with later Addenda E having priority over earlier Addenda .� C. Permit and Permit Documents a D. Technical Specifications CONTRACT NO.IFB-IPM015-10 Contract 17 of 18 Packet Pg. 448 7.B.c ` CONFORMED SET E. Draw ings and Plans F. Special Provisions G. Change orders, supplemental agreements and approved revisions to plans and specifications will take precedence over documents o listed above. Detailed plans shall have precedence over general a. plans. Unless otherwise specified all work shall be constructed in accordance with the General Provisions, the Special Provisions, Technical Specifications, Project Plans, and the 2012 edition of the w Standard Specifications for Public Works Construction "Green ,2 Book" and other standards noted within the IFB. A. ENTIRE AGREEMENT This Agreement, and any attachments or documents incorporated herein by 3 inclusion or by reference, constitutes the complete and entire agreement between OMNITRANS and CONTRACTOR and supersedes any prior E representations, understandings, communications, commitments, agreements or proposals, oral or written. a ti 00 N IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date shown below, and effective on the date first hereinabove written. w OMNI RAN9 CONTRACTOR g�e P. Sc tt Graha Robert M. Matich E CEO/General Manager Vice President oe s—/z- a --- �, L DATE DATE E O Federal Tax I.D. No. 95-1810911 E U w Q a E U r6 Q CONTRACT No.IFB-IPM015-10 Contract 18 of 18 Packet Pg. 449 7.B.c Match Corporation IFB-IPMOI S-10 BID SCHEDULE FORM (Revised—Addendum 5) Item Description Unit I Quantity Unit Price{$) Item Total(S) 1. Mobilization,General LS 1 3� 531 .yam o a 2, Dust Control LS I 3, Traflic Control LS 1 ° 4. Restore and Maintain Adjacent Property Access LS 1 --- 65 — W L 5, Construction Information Sign EA a ° 6. Clearing and Grubbing LS 1 7, Remove Tree EA 2 Z, `'cam _ Ono Removal of Existing PCC Flatwork,when not 8. Otherwise Replaced in Kind SF 913 Construct PCC Curb and Gutter, 1.5'Gutter Width, ai 9• Including Removal of Existing,per City Standard LF 629 2 c �'? E Plan No.300,Type B as Construct PCC Curb and Gutter, 1.5'Gutter Width. Q Variable Height Curb,Including Removal of i0. LF I43 Existing,per City Standard Plan No,300,Type B ? -- `:!a v Construct PCC Curti and Gutter,3'Gutter Width, a 1 I. Including Removal of Existing,per City Standard LF 17 if) y� Plan No.200,Type B w 4 Construct PCC Curb and Gutter,3'Gutter Width, 17, Including Removal of Existing,per City Standard LF 459 Plan No.300,Type B 3 t. -^ / 6 7 --• Construct PCC Curb and Gutter over 0.67'AB,1.5' 13. Gutter Width,Including Removal of Existing,per LF 510 E City Standard Plan No.300,Type 13 ' L Construct PCC Curb and Gutter over 0.67'AB,3' Q 14, Gutter Width,Including Removal of Existing,per LF 60 'Sly City Standard Plan No.200,Typo B Construct PCC Curb,including Removal of n 15. Existing,per City Standard Plan No.200,Type A LF 3,909 /2 S a <3�� z�' O Construct PCC Cross Gutter with Spandrels, 16. Including Removal of Existing,per City Standard SF Plan No.201 3,328 rl� E Construct PCC Cross Gutter with Spandrels, 17. Portion,Including Removal of Existing,per City SF Standard Plan No.201 492 j r Reconstruct PCC Local Depression,Including 1 18, Removal of Existing,per SPPWC Standard Plan IS I -- No.313-3 l �, .r a Page 26 i Packet Pg.450 7.B.c Matich Corporation IFB-IP'M015-10 Item Description I Unit Quantity Unit Price S) Ilem Total(S) Construct PCC Bus Stop Pad per Modified SPPWC yo +' 19, Standard Plan No. 131-2;L=50',W-10` SF 4,525 /t� � 0 Reconstruct Existing PCC Culverts at Baseline r o- 20• Street,Including Removal of Portions of Existing LF 136 CD a� Construct PCC Residential Driveway Approach, in 21, Including Removal ofExisting,per City Standard 5F 643 ey 7Z w Plan No.203 / r- o Construct PCC Commercial Driveway Approach, 22, Including Removal of Existing,per City Standard SF 8,625 Plan No.204 / Construct PCC Commercial Driveway Approach, 3 23. Portion,Including Removal of Existing,per City SF 9 Standard Plan No.204 a Construct PCC ADA Curb Ramp,Including 24 Removal of Existing,per SPPWC Std,Plan 1 11-5 EA 34 G ,-ta 33 Modify Existing PCC Curb Ramp,per SPPWC Std. `t 25• Plan 111-5(Add Truncated Domes and Grind Lip) EA 13C� CO N Construct ACC Sidewalk, Including Removal of �! E 26• Existing,per City Standard Plan No.202 SF 71,269 , /`Yt/j 7J Construct PCC Standard Approach Alley 27, Intersection, Including Removal of Existing,per SF 1177 jc�G ra ,�fy �`? Y) SPPWC Standard Plan No. 130-2 U 2g• Cold Mill O.1S'AC Pavement SF 360,270 0 i:- Remove Existing Structural Section for Bus Lanes 29. to Minimum 0.52' Depth Below 0.15'AC Mill SF 135,790 30. Unclassified Excavation,Composite Bus Lanes CY 720 3R .s?• 7 7Zn T 31.(S) Gcogrid for Composite Bus Lanes SY 5,194 3�,/ 32, Crushed Aggregate Base,Composite Bus Lanes CY 800 ca 33.(S) Cement Treated Subgrade,taus Lanes SY 15,600 `f" - 34.(D) Alternate Cement Slurry BackRll at Utility Lids Cy gs O RAP Asphalt Concrete Pavement,0.5'Thick,Bus 4 35.(S) Lanes TM 5,655 �s C `-� �:r Pavement Repair,Including Removal and 36. Replacement of Minimum 0.15'Asphalt Concrete SF 1,404 S �� Pavement Repair,Including Removal and 37• Replacement of Minimum 0.33'Asphalt Concrete SF 1,0371 } 3 3 ! W Pavement Repair,Including,Removal and � f E 3&, Replacement of Minimum 0.33'Asphalt Concrete, SF 6,I A7 f 1 for Re-profiled Side Street Approach Segments a t'age 27 Packet Pg. 451 7.B.c Matich Corporation IFB-IPM015-10 Item Description Unit Quantity Unit Price(S) Item Total S 39, Furnish and Install Pavement Reinforcing Fabric SY 38,954 7 Construct Asphalt Concrete Pavement Overlay, , 40. 0.15'Thickness 3,992 3 3^�, L 5 2 G r � (D 41. Adjust Existing Utility Frame and Cover to Grade EA 21 f Z 5" a` 42, Adjust Existing Valve Cover to Grade EA 33 j 43,(D) Untreated Base(Patching&Flatwork) TN 100 co Thermoplastic Traffic Striping,and Raised w Pavement Markers,Reflectorized,per Caltrans Std. ,o 44.(S) Plans A20A,A2013,AND,A24A,A24C,AND, LS I --- Y�600 — A24E,sbX&CA MUTCD Furnish and Install Pole or Light Standard Mounted 45.(S) Traffic Signs,Including Removal orExistin EA 71 �� p ��� ] -- r 46.(S) Replace Existing TraMe Inductive Loop Detector EA 3 64 0 NPDES Requirements,Including SWPPP,per E 47.(S) Section 6-1.03 or(he Special Provisions L5 I � L 48.(S) Surveying Service LS I ,• eDcD_ aC Remove and Replace Existing Water Service ►�- 49.(S) Laterals,518"to I"Diameter,with I"Diameter LF 3,656 N Type K Copper Tubing,Including Potholing ' Pothole Existing Water Service Lateral or Main, I- r 1 L 50.(S) 1/2"Diameter or Greater EA 21 �r,14 /f+;rf 51,(S), Remove and Replace Existing Water Service w (D) Lateral or Main, 1-1/2"Diameter LF 96 Z s� {2,-- 2 52.(S), Remove and Replace Existing Water Service G R (D) Laterals or Main,2"Diameter LF 73 m 53,(S), Remove and Replace Existing Water Service _ E (D) Laterals or Main,3"Diameter LF 19 ?� '�f- 6 Z d ;v a� 54.(S), Remove and Replace Existing Water Service Q (D) Laterals or Main,4"Diameter LF 62 55.(S), Remove and Replace Existing Water Service L (D) Laterals or Main,6"Diameter LF 140 E - fc1, Remove and Replace Existing Water Meter,518" 0 56.(S) Diameter EA 61 $� - 3 JY- Z Remove and Replace Existing Water Meter,314" a 57.(S) Diameter EA 4 If'Z c� d' L Remove and Replace Existing Water Meter, I" 58.(S) Diameter EA 6 / Zoo 1f �•4, Q 59.(S), Remove and Replace Existing Water Meier, 1-112" (D) Diameter EA 1) z^, antra" bf�r3 %(g), Remove and Replace Existing Water Meier,2" CA 1 3 ��� o_ U (D) Diameter Q Page 2s Packet Pg. 452 7.B.c Malich Corporation ire-iPM015-I0 Item Dcscri Lion Unit Quantity Unit Price(S) Item Total M 61.(S), Remove and Replace Existing Water Meter,3" (p) Diameter CA 1 /F S160" / `f�£3' 62.(S), Remove and Replace Existing Water Meter,4" (p) Diameter EA I Zl C/S-/'' Z j q "l'' o L 63.(S), Remove and Replace Existing Water Meter,6" n. Z. (p) Diameter EA 1 '�/� m L Total Bid Schedule No. I Bid W L TOTAL BID SCHEDULE AMOUNT IN NUMBER VALUE: S TOTAL BID SCHEDULE AMOUNT IN WRITTEN VALUE:S 71hM k4i WV VII 'V Ur � a� E a� a� L 4 ti 00 N N d N W .c U c m E m m L Q L i+ I: 0 r E V Q d I_ V 4 Paso 24 Packet Pg.453 (438foad }aaa;S 3 COI yoi;ew Lll!m IuauaaaJBV : LSZV) jaoM}o adooS- Z luawgc)e;;y quamloel;d 00 � r; rn CL m ca a 7 7 0 U L '6 'a '6 (0 ate+ a Q! a) Q + u u u a! 7 cif N N t10 N 06 -a Ln co m m m -4 -0 C C C C N U Gcl to 4+ t C C C E m 3 U E O O O p v Ql N c-I 01 D1 N "N _ E E E a1 aJ aJ 41 v O L Q co m m CO m U L O U O v O O O OD O O ,G 4, O Ln O r-, O O L O p L.o O 000 m 1.0 1 Ln Ln N r- O 00 O W t/1 q n i/? r-I y�j} W .O o a N cli aJ u O O O 0 O L Ln �+ L 4 1.0 m N w _ T Ln O +' O 3= O a) Itt r-I r-I M M cr ++ •� N Ln V) J J r (O v L Q Q L L Q 4 N 4 7 Y r C� 0� 0o 0 3 -1 v E a, .L 11 u +, U in U U W :3 u U U U 4"1 d d d d E C = = = or ate+ o co o6 06 co 0 U CC rr H E aJ ri N M I:t Ln 7.B.e RESOLUTION NO. 2015-248 1 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 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 0 Improvement Project to Matich Corporation, in May 2015, for $3,417,000. In addition, a. r a� 7 Omnitrans added a 15% construction contingency to the Project, or an additional $512,550. 0- s Omnitrans has committed to contribute a total of$3,929,550 towards the construction cost of W L O 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 3 11 select construction work for the Project; and 12 WHEREAS,the Project includes construction of various concrete improvements, L �,. 13 including curb ramps, sidewalks, driveway approaches, curb and gutters,reconstruction of a asphalt concrete pavement, resurfacing, striping, utility relocations, etc. on "E" Street from 10`" co 14 N Street to Highland Avenue; and 00 15 WHEREAS, Omnitrans and the City are working cooperatively on the construction of N 16 the Project. Omnitrans' formal role in the construction of the Project includes funding the work N 17 via a combination of local and federal funds, overall lead for construction contract 0 1 e administration and construction management, and oversight of the construction work. The City d L will cover the cost of out of scope construction work, provide construction inspection and un 19 W quality assurance, and will make recommendations for construction contract change orders and c Q 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; 23 HI 24 25 1 Packet Pg.455 .rr 7.B.e NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 1 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 2 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" 5 SECTION 2. The authorization to execute the Memorandum of Understanding is 6 0 rescinded if it is not executed within 90 days from the date of adoption of this Resolution. a. i+ 7 L W 8 O 9 a:+ tC 10 2 t r c a� 12 13 ti 00 14 7t w 15 r 16 N D 17 0 a 18 .r 19 W 20 E 21 Q 22 23 /// 24 25 2 Packet Pg.456 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 U 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the .o L 2°d day of November, 2015, by the following vote, to wit: , 7 r C0 8 Council Members: AYES NAYS ABSTAIN ABSENT "' 0 9 MARQUEZ X 10 BARRIOS X 11 3 VALDIVIA X 12 SHORETT X 13 `t NICKEL X o 14 It is JOHNSON X 00 N MULVIHILL X T- 16 c N 17 t ;+ 0 18 Georgeaot Hanna, C M C, City Clerk a w W 19 w The foregoing resolution is hereby approved this y day of November, 2015. 20 E 2 � L 21 1,Gti, a 22 R. CARE DAVIS, Mayor City of S Bernardino 23 Approved as to Form: GARY D. SAENZ, City Attorney 24 By: NOV 25 3 Packet Pg..457 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 as charter City (City), is made and entered into this 2nd day of a 4, November 2015 ("Effective Date"). Omnitrans and City are sometimes L individually referred to as"Party"' and collectively as "Parties." c w WITNESSETH 3 c a� WHEREAS, Omnitrans has constructed significant improvements to E Street within the E L City, as part of the E Street Corridor sbX Bus Rapid Transit Project, improving the economy of ti 00 the City and to the general benefit and welfare of its citizens; and 00 WHEREAS, E Street, from 300' north of 10`" Street to Highland Avenue, is in need of N LO pavement rehabilitation to support the added bus traffic and Americans with Disability Act 0 (ADA) improvements, hereinafter collectively defined as Project; and a as WHEREAS, Project lies completely within City limits; and Cn W WHEREAS, City has prepared plans and special provisions (Construction Documents) for E Project; and r 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 Packet Pg.458 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 U a) WHEREAS, City has budgeted $410,040 towards the Project, covering 1) work or costs to 0 a the project in excess of Omnitrans' $3,929,550 contribution, 2) work items outside of the (D rn Project's scope, should such work be required by City during construction of the Project, and 3) o 0 City design, inspection, and construction management costs; and WHEREAS, City and Omnitrans desire to complete the construction of Project in a timely 3 manner; and E a) WHEREAS, City and Omnitrans wish to specify their respective responsibilities for the a construction, construction administration and inspection of Project, with this MOU providing the N 7 framework for City and Omnitrans to cooperatively construct the Project; and co le N WHEREAS, City and Omnitrans possess full authority to enter into this MOU. c N NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 0 aD a� r SECTION I w d OMNITRANS SHALL: E U A. Be and is hereby designated the Lead Agency for Project. a 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 Packet Pg.459 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 v d and provide to the contractor. a D. Cause all contractors on Project to obtain general liability and motor vehicle liability w insurance in amounts satisfactory to City. Omnitrans shall also cause City to be named as o 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 3 c to City prior to construction. E a� E. Issue official Notice to Proceed and construction start date, and provide a copy to the N, a City. ti co N d' F. Provide all FTA funding compliance oversight for the project including Final Change 00 N to Order Approval. o N G. Contract for materials testing services. Costs will be shared between Omnitrans and the 0 a� City. co H. Fully fund all Project construction, construction administration and approved contract W c a� change orders, except for any City design, construction management, inspection cost(s), Water .EE Department costs, or City Project construction items added to the scope of work and/or beyond Q the $3,929,550 Omnitrans' contribution for Project. Page 3 of 10 Packet Pg. 460 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. U K. Prepare and submit invoice(s) to City for any City construction item costs covering out of o CL 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. o 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 r 3 Y measures to be necessary, Omnitrans shall notify City thereof. E a� d L Q SECTION I1 N CITY Shall: co N A. Be a Responsible Agency for Project as defined by CEQA and NEPA, and review and o N not unreasonably withhold approval, in a timely manner, any CEQA or NEPA environmental 0 r documentation prepared by Omnitrans, if such environmental document is required. r U) B. Be and is hereby designated as Constructing Agent to complete all tasks (with the LU c exception of Labor Compliance as referenced in Section I.C.1. of this MOU) necessary to E U cG execute and deliver all documents required in connection with the construction and completion Q of said Project. Page 4 of 10 Packet Pg.461 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 Y U a) review and final approval of all contractor submittals, SWPPP, materials and mix design and 0- submittals, all contract compliance submittals (with the exception of Labor Compliance as a U) approving and providing support w referenced in Section I.C.l. of this MOU), checking, verifying, app g p g o to all federal and state documentation requests, and all customary construction administration �a and management items as required. Y 3 E. If City encounters unknown or unforeseen hazardous materials or contamination within E a� Project area during Project construction, City shall immediately notify appropriate agencies of a such discovery and take appropriate remediation actions. Such remediation actions shall be as N required by local, State and Federal agencies having such jurisdiction over any encountered 00 N hazardous materials. Omnitrans does not admit or acknowledge any liability for the presence or o N D handling of such materials or contamination, and reserves all rights to obtain indemnification and 0 reimbursement from any potentially responsible parties under local, state and federal law. a Cn F. Prepare and issue to Omnitrans for approval all Change Order Request (COR) packets W c m prior to issuance to contractor for pricing. COR packets to include a detailed scope of work and .EE �a cost estimate. a 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). IProcess only CCOs that are necessary for the completion of Project as shown on the Page 5 of 10 Packet Pg 462 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 U with County Clerk. Ten (10) days after filing Notice of Completion of Project with County o a. Clerk, ownership and maintenance of all Project components shall vest with City, unless w otherwise identified herein. Provide a copy to Omnitrans. o w J. Provide Omnitrans, within 120 days of filing the Notice of Completion of Project, with M record as-built drawings of said Project. r � 3 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 CO N required for intersection lighting, etc., called out of scope work), as defined in this MOU. CO le N gencies/entities whose improvements/utilities may o L. Issue written Notices to Relocate to a N D interfere with Project, for those portions lying within City limits. p r M. Issue notices to property owners of projected work. a� 0) N. Issue to Omnitrans' contractor, at no cost, encroachment permit(s), hauling permit(s), w c business permit(s), traffic detouring plan approvals, water department fees, water department U permits, and any other permits for all Project work within City limits following City approval of d applicable plans. O. Not require issuance of a grading permit for any Project work within City limits. Page 6 of 10 Packet Pg.463 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 a� timely (two City working days turnaround) reviews and approvals on any items that require o a City's concurrence or approval. Approval shall be withheld only for work not completed per the a U) w approved plans and special provisions. o 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 3 such materials available at the respective offices of the City at all times during Project and for a E a� period of three (3) years from filing Notice of Completion for Project. Omnitrans or any duly a authorized representative of the Federal Government shall have access to any books, records, and co N d' documents of the City that are pertinent to the contract for audits, examinations, excerpts, and co N transactions, and copies thereof shall be furnished if requested. o N 0 SECTION III a Cn PAYMENTS AND FINAL ACCOUNTING: w as A. City shall prepare, review, and submit for Omnitrans' approval monthly progress billings EE U M for work completed during the prior billing cycle by Contractor. Q B. Omnitrans shall pay Contractor direct (not through City) approved monthly progress payments. Page 7 of 10 Packet Pg.464 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. U D. Within one hundred twenty (120) days after the acceptance of written Notice of a Completion under the contract by the City, Omnitrans shall submit to City for their records, a L co w Final Accounting Report for Project. o SECTION IV It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT: E A. Upon acceptance of the improvements of Project by Omnitrans, and by City for City co Q portions of the Project, and under the terms of this MOU, City shall accept and resume co N ownership and maintenance responsibility for the portion of Project within City limits. co N B. Neither Omnitrans nor any officer or employee thereof shall be responsible for any c N damage or liability occurring by reason of anything done or omitted to be done by City under or D a� in connection with any work, authority or jurisdiction delegated to City under this MOU. It is U) � w also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully c indemnify, defend with counsel approved in writing and hold Omnitrans harmless from any E liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason a 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 Packet Pg.465 2015-248 .B.e 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 o a r of anything done or omitted to be done by City under or in connection with any work, authority w or jurisdiction delegated to Omnitrans under this MOU. c IR 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 = 3 extended in writing by the parties. However, either party may cancel this MOU by providing the E other party such written notice forty-five (45) calendar days in advance of such cancellation. a at F. Any notice, request or demand made between the parties pursuant to this MOU is to be CO N directed as follows: CO LO N CITY OF SAN BERNARDINO OMNITRANS 0 N City Hall-Public Works Department 1700 West 51h Street p 1 300 North"D" Street San Bernardino, CA 92411 San Bernardino, CA 92418-0001 Attn: Program Manager °' Attn: Director of Public Works U) w c m [Signatures on the following page] E Page 9 of 10 Packet Pg.466 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 Y V Corporate entity: °' 0 L BY: a BY City Manager m CEO/General Manager Allen J. Parker, City of San Bernardino co w Dated: o v APPROVED AS TO LEGAL FORM: ATTEST: r 3 E B Georgeann Hanna a, A Legal Counsel City Clerk a ti co N d' APPROVED AS TO FORM: co 0 N Gary D. Saenz, City Attorney D 0 L N W i� _ E V i.� Q Page 10 of 10 Packet Pg.467 1 RESOLUTION NO. 2015-192 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING A COMMITMENT TO MAKE ADDITIONAL FUNDING 4 AVAILABLE SHOULD PROJECT COSTS EXCEED PROJECT'S BUDGET, AND 5 APPROPRIATION OF FUNDS FOR PROJECT INSPECTION/ADMINISTRATION FOR THE "E" STREET IMPROVEMENT PROJECT 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY a OF SAN BERNARDINO AS FOLLOWS: L 8 (n SECTION 1. In accordance with the letter from the Federal Transit Administration W L 9 0 10 dated May 20, 2015, attached and incorporated herein as Exhibit"A", and the letter from the City r 11 Manager to Omnitrans dated July 27, 2015, attached and incorporated herein as Exhibit "B", the 3 12 City of San Bernardino commits that additional funding will be made available to complete the E 13 proposed `B" Street Improvement Project, Pavement Rehabilitation from 10`h Street to Highland 4) .. 14 Q Avenue, should costs exceed the current budget. ti 15 N It 16 SECTION 2. The City Manager is hereby authorized to appropriate $410,040 of N CD 17 unappropriated funds from Fund 126 HUTA (gas tax)to the E Street Improvement Project. 0 N 18 C ai 19 /// m L M 20 W 21 E 22 t 23 24 /// 25 26 27 28 Packet Pg.468 7.B.f 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING A COMMITMENT TO MAKE ADDITIONAL FUNDING 2 AVAILABLE SHOULD PROJECT COSTS EXCEED PROJECT'S BUDGET, AND 3 APPROPRIATION OF FUNDS FOR PROJECT INSPECTION/ADMINISTRATION FOR THE "E" STREET IMPROVEMENT PROJECT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 'o L 7 17th day of August, 2015,by the following vote, to wit: a aD a� L 8 Council Members: AYES NAYS ABSTAIN ABSENT w • L 9 MARQUEZ X 10 11 BARRIOS X 12 VALDIVIA X 41 a� E 13 SHORETT X 14 Q NICKEL X 15 N JOHNSON X 16 N r 17 MULVIHILL X 0 N 18 N George Hanna, C, City Clerk 19 20 The foregoing Resolution is hereby approved this day of Augus , 2,015. co w 21 E 22 R. Carey DaJJ is, Mayor M 23 City of Sa Bernardino Q Approved as to form: 24 Gary D. Saenz, City Attorney 25 By: 26 27 28 2 Packet Pg..469 7.B.g RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING A COMMITMENT TO MAKE ADDITIONAL FUNDING AVAILABLE SHOULD PROJECT COSTS EXCEED PROJECT'S BUDGET, AND APPROPRIATION OF FUNDS FOR PROJECT INSPECTION/ADMINISTRATION FOR E STREET IMPROVEMENT PROJECT . RESOLUTION EXHIBIT A u a� 0 a .r a� m L d.d w s- 0 U r tC L 3 c E m Q co N a x w N O r Lh O N O V) O r.+ C O E t v c3 Q Packet Pg.470 7.B.g U.S. Department REGION 16fornla,Hawaii, 201 lle 1805n Street of Transportation Federal Transit Nevada,and the tenkorie3 of San Francisco,CA 94105 Guam.American Administration Northam arianaSIslands and the (41 )744.3133 (416)744-2726((ax) Mr.P. Scott Graham CEO/General Manager MAY 2 0 2015 Omnitrans 1700 W.Fifth Street San Bernardino, CA 92411 0 Re: Assessment of Request for 10th Street a. to Highland Avenue Dear Mr, Gi anf is � w The Federal Transit Administration (FTA)has completed its review of the letter from the Omnitrans, ,0 dated May 6,2015,requesting concurrence to apply unexpended Section 5307 grant funds on pavement rehabilitation of"E"Street, from 300' northerly of 10th Street to Highland Avenue .2 (Pavement Project)to benefit the E Street Corridor Bus Rapid Transit Project(referred to as sbX). FTA concurs with Omnitrans request for the Pavement Project in the amount not to exceed 3 c $2,656,692 of the total Pavement Project estimate. This concurrence would allow Omnitrans to incur approximately$4,682,000 on activities associated with resurfacing,restoration,and a rehabilitation of approximately 1.1 miles of E Street. The$4,682,000 represents Omnitrans' total a cost forecast for the project that includes work performed by the general contractor(including a 15 percent construction contingency), the City of San Bernardino, and Omnitrans. o 7 FTA expects the following stipulations be addressed with regards to the federal participation in the a project: x W CM 1. FTA federal share not to exceed$2,656,692; 2. The City of San Bernardino provides Omnitrans with formal commitments that additional funding will be made available to complete the proposed project, should costs exceed the N current budget; o 3. The City of San Bernardino should review the current design to ensure that it is based on an appropriate traffic index and,as such, is a suitable technical remedy for the bus lanes. We expect that the design and construction of this section will preserve and extend the service life of the existing facility and on safety. c 4. All finds will be expended in accordance with all applicable federal and FTA requirements. a Please contact Roxana Hernandez at (415) 744-2658 with any questions you may have about proceeding under the authority to incur costs provided in this letter. Sincerely, Leslie T. Rogers Regional Administr Packet Pg. 471 7: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING A COMMITMENT TO MAKE ADDITIONAL FUNDING AVAILABLE SHOULD PROJECT COSTS EXCEED PROJECT'S BUDGET, AND APPROPRIATION OF FUNDS FOR PROJECT INSPECTION/ADMINISTRATION FOR E STREET IMPROVEMENT PROJECT . RESOLUTION EXHIBIT B 'o L n. L Cn W L O V d+ c� G 3 C a� E m m L Q 00 N m .0 K W N O r Ln O N O N C a) E V a+ a� Q Packet Pg.472 7.B.h OFFICE OF THE CITY MANAGE ALLEN J. PARKE 300 North "D" Street • San Bernardino. CA 92418-001 909.384.5122 • Fax: 909.384.51: www.sbcity.o &M Bern Mr. P. Scott Graham r CEO/General Manager, Omnitrans 1700 W. Fifth Street San Bernardino, CA 02411 July 27, 2015 a a� L Subject: E Street Pavement Rehabilitation, 10'h Street to Highland Avenue w L 0 Dear Mr. Graham: The City of San Bernardino (City) acknowledges and appreciates the commitment that the Federal 2 Transit Administration (FTA) has made, via letter dated May 20, 2015, to assist in funding needed roadway rehabilitation improvements to E Street. 3 c a� As a condition of funding the referenced improvements,FTA provided stipulations associated with the project. In order to support and provide its own affirmation to the project, the City commits to the a following, in the order as listed per the FTA letter: co 1. Federal share cap at $2,656,692: City supports this cap, as a component of the overall funding strategy provided by Omnitrans; m 2. City is pursuing formal approval by its Council, for a budgetary allocation, to cover unexpected X project costs, should project costs exceed the low bid plus 15% contingency. Further, City will N also request an allocation of funds for contingency purposes, should issues develop during Cn to construction that require out of scope work(not part of the plans and special provisions); 3. The City's traffic index for the project has been verified, and due to conservativeness of design, Co should more than adequately preserve and extend the roadway service life; and 4. Through Omnitrans, the City will strive to ensure that all funds be expended in accordance with the approved plans and special provisions, and all applicable federal and FTA requirements. I E The City looks forward to the immediate start of the construction contract, and the improvement in regional transportation this project will help to provide to the area. Q Questions may be directed to Mr. Emilio Murga, Interim City Engineer, at(909) 384-3307. Very truly yours, Allen arker, City Manager City of San Bernardino cc: Tony Frossard,Director Public Works CITY OF SAN BERNARDMO ADOPTED SHARED VALUES: INTEGRITY•ACCOUNTABILITY-RESPECT FOR HUMAN DIGNITY•HONE Packet Pg.473