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Consent Calendar E
-, �• City of San Bernardino
Request for Council Action N
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Date: October 18, 2017
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To: Honorable Mayor and City Council Members
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From: Andrea M. Miller, City Manager''-�'Y"Pc 0
By: Saba Engineer, P.E., Acting Deputy Director of Public Works/City
Engineer 00.
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Subject: First Amendment to an Agreement with Matich Corporation for the
sbX — "V Street from 10th Street to Highland Avenue Repaving
Project(SS17-005)
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Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino,
California, approving a First Amendment to an Agreement with Matich Corporation for
the sbX — "E" Street from 10th Street to Highland Avenue Repaving Project (SS17-005). a
Background
On September 21, 2009 a Master Agreement (CDC/2009-55) between OmniTrans and
The City of San Bernardino was executed, detailing the construction and operation of the
sbX Bus Rapid Transit Project. OmniTrans paid for the majority of the project with Funds
from the Federal Transit Administration (FTA) and the City was required to participate in E
the project funding. Q
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OmniTrans awarded the "E" Street Improvement Project in May 2015 for $3,417,000. `L
The project scope includes the following work: various concrete improvements, including N
curb ramps, sidewalks, driveway approaches, curb and gutters, reconstruction of asphalt LO
concrete pavement, resurfacing, striping, etc. V
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As part of agreement the City is providing inspection/administration for the project, which r
is calculated at 7% of construction cost, or $239,190. In addition, items came up during
construction which were outside of the project's scope of work, but which were 2
necessary to properly complete the project. These items consisted of replacement of W
deteriorated electrical conduits for traffic signals/street lighting, reconstruction of adjacent
damaged sidewalks outside of the projects limits, etc. The total amount of this extra was w
$170,850.
The total amount budgeted was $410,040 126 HUTA (Gas Tax) to cover these costs.
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The City was also required to make available additional funding to complete the project
should costs exceed the project's budget. See the attached FTA letter dated May 20, o
2015 (Attachment 1). In order for the Federal Transit Administration to participate in the
project, it required that City Council adopt a resolution committing the City to provide L
additional funding, if necessary, to complete the project should costs exceed the current in
budget. w
Resolution No. 2015-192 making the commitment was approved on August 17, 2015 and X
a commitment letter was sent by the City to OmniTrans on July 27, 2015 (Attachment 2). `n
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Discussion
An Agreement with Matich Corporation in the amount of $170,850 for this work was o
approved by Resolution No 2016-046 on March 7, 2016. The work progressed
satisfactorily according to the original plan; however, on August 29, 2016, a letter was a
received from Onward Engineering, Consultant Construction Manager, estimating that 0
additional work at a cost of $155,000 would be needed to satisfactorily complete the
project (Attachment 3).
The original plan called for the contractor to remove the existing pavement and subgrade
and install cement treated base (CTB) over which the new paving is placed. It was found 3
during removals that a narrow strip of existing AC pavement would be left next to the
newly constructed curb and gutter. It was determined, based on field observation and 4)
analysis, that the narrow strip of existing pavement required removal and processing with
CTB and new paving per the project plans and specifications. The cost of removing and
replacing the narrow strip was not included in the OmniTrans' original budget; therefore, c
the costs for this work became entirely the responsibility of the City since it was outside
of the plans and specifications. Leaving the narrow strip in place was an option, but it E
would have resulted in a substandard finished product. _
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Matich Corporation has submitted a final invoice in the amount of $142,462.70 for a
additional work that was beyond the scope of the original contract. A total amount of 2
$155,000 has been carried over from FY 16/17 and this amount will be sufficient to cover `-
Matich Corporation's final Invoice. No further charges are anticipated. o
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The Agreement with Matich Corporation for this work expired on June 30, 2017, so the
expiration date is proposed to be extended to December 31, 2017 to provide sufficient C
time to close out the project and the Matich contract amount is proposed to be increased
to $313,312.70 to cover the additional cost of$142,462.70. o
Fiscal Impact o
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Sufficient funds are available in the adopted FY 2017-18 Budget Account No. 126-160-
8035-5504 "sbX — "E" Street from 10th Street to Highland Avenue Repaving Project U)
(SS 17-005)" to cover the cost of this project. x
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, o
California, adopt a Resolution approving Amendment No. 1 to an Agreement with Matich y
Corporation for the sbX — "E" Street from 10th Street to Highland Avenue Repaving
Project (SS 17-005).
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Attachments '
Attachment 1 — Letter dated 05/20/2015 from Federal Transit Administration requesting
commitment regarding funding.
Attachment 2 — Letter dated 07/27/2015 from City of San Bemardino affirming L
commitment regarding funding. °
Attachment 3 — Letter dated 08/29/2016 from Onward Engineering regarding additional o
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work.
Attachment 4 — Resolution; Exhibit A—Amendment No. 1
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Ward: 2
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Synopsis of Previous Council Actions:
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08/17/2015 Resolution No. 2015-192 adopted making a commitment to make additional 3
funding available should project cost exceed project's budget,and appropriation
of funds for project inspection/administration for the"E"Street improvement 4)
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project. a
03/07/2016 Resolution No.2016-046 adopted approving an agreement with the Matich <
Corporation for City Request additional work for the"E"Street improvement M
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project.
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2015-192 ATTACHMENT 1
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U.B.DepartmentAMONIX ON Nf$,IO6a
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Federal'Transit Gown.Ametbma Sane cad au (411OM4133 !L
AdmInlobilion OVOWI►WWb"wand, Ntal U44028 0@4 i
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Mr.P.Scott(Graham MAY 2 0 U)
Cil Manager 2015 r
Omnium L
1700 W.Fifth Stradw
Sen Betnardiao.CA 92.411 0
Re: Assoc neo of Request for 10th Smoot .2
to Highland Avenue o
Dear Mr.Clti�uu: o
The
rederalf 7%ndt Administrailon QTA)hes eompklod its review of the 10"ftom the omni MM
dated May 6,2015,requesting conew"a to apply uwV ded Sootier 5307 grant fonds on .2
pavement nbehilitation of"6"Street,fi+om 300'northerly of 10th Street to Highland Ave
(pavement pmjed)to benefit the$Street Conidor Bus Rapid Transit POject(referred to as sbX).
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FTA concurs with Omnittans request for the Pavement Project in the amount Trot 10 cWted
$2,656,692 of tine total Pavetnant Project estimate. TWx eoncurrc"would alloy Orruritrans to
incur approximately$4,6U.000 on activities associated with resurfacing,rte,and d
rehnbiob ion of sppmiaawely 1.1 mils of 8 Strout. The$4,6MOOD npr=wb Owniftlins'total `
cost forocast for the project brat itrclltdea wmi pm*mcd by the general contractor(including a 15 a
percent canratr adon oontingenoy),the City of San Bernardino,told OmnitnmL
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FTA ecpocts the following stipulations be addressed with mpWs to the hdaral participation in the
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1. PTA federal share not to exceed S2,656,692; d
2. The City of San BeraatWno provides Omnitrans with formal our mUmmuts dual additiosal E
fimdhug will be made available to complete the prnptrsed WOW,eat,aiuonld costa Oxoeed the N
cowl I id budget; -
3. The City of San Bemardino should review the otutxeO design to ONSI +a that it b based on an `L
appropriate traffic index and,as such.k it suttaWe technical remedy fbr the bus lanes.We �
expect that the design and construction of this section will preaerve and extend the servioe life cli
of the existing hAlity and on safsty.
4. 011 funds will be expended in a000rdame with all applicable federal and FTA requitwnents. y
please contact Roxana Hernandez at(415)744^2b58 with any question you may have about c
proceeding under the authority to hwur costs provided In this letter.
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Sincerely, LL
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i.c.slie T.Rogers
Regional Administ a
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2015-142 ATTACHMENT 2
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OFFICE OF TSE C3Ty mANAGER c
ALLEN J. PARKER
30l) North'ID'Street• Ban,Bernardino•CA 92418-0001 Cn
909.384.5122.F=909.384.6138 w
www.sbdty.org
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Mr.P.Scott Graham °
CEO/Cenral Manager,onmutr'ans a
1700 W.Fifth Street July 27,2015
San Bernardino,CA 02411 0
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Subject:E Street Paveaeont Rehabilitation, 10°1 Street to Highland Avenue 0L)
Dear Mr.
Gr8ham:
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no City of San Bernardino (City) acm
knowledges and ates the commitment that the Federal
Transit Administration (FTA) has made, via letter dated May 20, 2015. to assist in funding needed 3
roadway rehabilitation iznpmoveaneerts to E Stroet.
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As a condition of fiending the refs zemcod kpove mcau,FTA provided stipulations am ated with the
project, in order to support and provide its own affizntatioa� to the project, the City commits to the a
following,in the order as listed per the FTA letter: C
1. Federal share cap at$2,656,692: City sezpperts
this cap, as a cxunponestt of the overall fbadiag °
strategy provided by Cmnittans; °
2. City is pursuing formal approval by its Council,for a budgetary allocation,to cover unsuspected E
project costs,should pwicet casts exceed the low bid plus 15%eontingenaY. Furdw,City will
also requcst an allocation of funds for contingency purposes, should issues develop during E
conatruotion that require out of scope wank(not part of the plans and special provisiouns);
3. The City,s traffic index for the project has been verified,and due to conswAdvmm of design,
should more than adequately preserve and extend the roadway service life;and `-
4. Through�►the City will strive to ettsnse that all finds be expended is accordance with ,CD
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the approved plane and special provisions,and all applicable federal and FTA requirements.
The City looks forward to the immediate start of the construction contract, and the improvement in N
regional transportation this project w111 help to provide to the arca. w
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Questions maybe directed to Mr.Emilio Murga,Interim City 1?ngineer,at(909)3843307. o
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Very truly yours,
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Allen arker,City Manager x
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City of San Bernardino
cc. Tony Frossard,Director Public Works E
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CrIT OF BAIT BBRNARDMO �
Anorm sIL"M VALurA: IInwmw-AccouNTAWLm R68N=FOR HUNAN D'GNm•HO1TWrY Q
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ATTACHMENT 3 22.d
ONWF' RE) ENGINEERING • • •
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300 S Harbor, Suite 814 Anaheim, CA 92805
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MEMORANDUM
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TO: SABA ENGINEER,PE iu
PRINCIPAL CIVIL ENGINEER
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FROM: DOUGLAS BENASH, PE,QSD�
SR.PROJECT MANAGER/GON tool
MANAGER
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DATE: AUGUST 29,2016 =
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RE: "E"STREET PAVEMENT REHABILATION PROJECT o
RECOMMENDATION FOR CITY AGREED UPON IMPROVEMENTS °-
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The City agreed to additional work as part of the E Street improvements in addition the scope
of work identified on the project plans and specs.As the project progressed, it was mutually
agreed upon that improvements not defined within the approved project plans and constructed 3
at the request of the City were to be funded by the city.This resulted in the City issuing a
purchase order in the amount of$170,000 for the new gutter with the new curb on both sides E
of E Street. d
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At the time of the cement treated base (CTB)operations, coupled with newly constructed curb
and gutter,left a small sliver of existing pavement between the edge of the CTB lane and o
gutter.It was determined, based on field observation and analysis,the small sliver of existing
pavement is to be removed and processed with CTB and paved in asphalt per the project plans E
and specifications.The costs for this work will be paid for by the City since it was outside of the c
plans and specifications. E
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The subsequent removal, processing and paving of the sliver increased the City's project costs ;n
due the additional pavement removals,CTB processing,and base course of asphalt paving. ``
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Budget Impacts
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The pavement removals,CTB processing and base course asphalt are covered under existing bid
Items and will be paid at the contract unit costs.As of August 16,the actual quantities Co
constructed for the bid items are as follows:
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Bid Item 29:Remove Existing Pavement @$1.21/SF x 34,551.40 SF= $41,807.19 U_
Bid Item 33S:Cement Treated Base @$8.40/SY x 1,638.14 SY= $13,760.38
Bid Item 355:RAP Asphalt Pavement @$62,20/Ton x 1,191.07 Tons= 74,084.55 W
Sub-Total $129,652.12 N
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Phone 714-533-3050 www.OnwardEngineering.com Fax 714-948-8978
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♦ • ! e t t; ik 300 S Harbor, Suite 814 Anaheim, CA 92805 * E
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There is an outstanding City cost Issue regarding the compactive effort of the west side
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roadway section from 17th St to Highland.In this area, due to the depth of the existing water y
main,the structural section was not treated with CTB, instead the native material was Cu
compacted to 90-95%relative compaction with non-vibratory rollers per the Water Department
and then paved.The asphalt quantities are Included above.Additional costs will be Included for X
the time and material for the compactive effort to the sliver of native material. CO
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It Is estimated to add an additional$25,000 to the sub-total of$129,652.12 to cover the c
compactive effort costs and a 10%contingency for unforeseen items. _
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Recommendation 0
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1 recommending an additional$155,000 to cover the City costs for the agreed upon v
improvements.This is in additional to the existing purchase order of$170,000 that covered the
additional concrete improvements.
Supporting documentation can be provided upon request. 3
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If you have any further questions,please contact me directly. £
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Phone 714-533-3050 www.Onward$ngineering.com Fax 714 .948-8978
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1 RESOLUTION NO. £
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
3 SAN BERNARDINO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO L
AN AGREEMENT WITH MATICH CORPORATION FOR THE SBX—"E" STREET N
4 FROM 10TH STREET TO HIGHLAND AVENUE REPAVING PROJECT (SS17-005) iu
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5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY N
6 OF SAN BERNARDINO AS FOLLOWS: r
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7 SECTION 1. The City Manager or designee is hereby authorized and directed to
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8 executed, on behalf of the City, The First Amendment to an Agreement with Matich
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9 "E"for City requested additional work for the SBX — "E" Street from 10th Street to `o
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10 Highland Repaving Project (SS17-005) attached hereto as Exhibit "A" and incorporated
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12 herein by reference. 3
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13 SECTION 2. That this authorization is null and void if the First Amendment to the
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14 Contractor Services Agreement is not executed by all parties within sixty (60) days of this Q
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action. o
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SECTION 3. That all other terms and conditions of the original Agreement as
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18 approved by Resolution No. 2016-046 with Matich Corporation for the SBX — "E" Street E
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lg from 10th Street to Highland Repaving Project(SS17-005)remains unchanged. LL
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1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO E
2 AN AGREEMENT WITH MATICH CORPORATION FOR THE SBX—KE" STREET
FROM 10TH STREET TO HIGHLAND AVENUE REPAVING PROJECT(SS17-005)
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor iw
5 and City Council of the City of San Bernardino at a X
6 meeting thereof, held on the day of 2017, by the following vote,
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to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT a
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10 MARQUEZ
11 BARRIOS
12 3
VALDIVIA
13 £
14 SHORETT
15 NICKEL
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16 RICHARD
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17 MULVIHILL
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Georgeann Hanna,CMC,City Clerk
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21 The foregoing Resolution is hereby approved this day of ,2017. o
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R. Carey Davis,Mayor p
24 City of San Bernardino
25 Approved as to form: y
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26 Gary D. Saenz, City Attorney x
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27 By:
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Exhibit"A"
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN c
BERNARDINO AND MATICH CORPORATION FOR ADDITIONAL WORK FOR THE
"E" STREET IMPROVEMENT PROJECT o
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THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL
SERVICES MATICH CORPORATION("Contractor") and the CITY OF SAN BERNARDINO
("City)is entered into this day of 52017. w
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WITNESSETH: x
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A. WHEREAS, on March 7, 2016, Resolution 2016-046 was adopted approving an
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Agreement with Matich Corporation to provide construction services for the sbX — "E" o
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Street from 10th Street to Highland Avenue repaving project(SS 17-005); and o
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B. WHEREAS, based on the original scope of services, the expiration date of said
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Agreement was established as June 30, 2017;and
C. WHEREAS, Matich Corporation has submitted a closing invoice in the amount of$142,
462.70. E
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NOW THEREFORE,the parties hereto agree as follows:
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1. Section 2.1 "Compensation and Expenses"of the Agreement is amended as follows: a
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Original Contract Amount $170,850.00 E
Amendment#1 (this request) $142.462.70 a
Revised Contract Amount $313,312.70 E
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2. Section 3 "Term: Termination" of said Agreement is hereby amended to extend the term
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of this Agreement to December 31,2017,unless terminated sooner as provided herein. N
3. All other terms and conditions of said Agreement as approved by Resolution No. 2016- 0
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046 shall remain unchanged. o
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Exhibit"A"
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MATICH
CORPORATION FOR ADDITIONAL WORK FOR THE"E"STREET IMPROVEMENT PROJECT
Page 2 of 2
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MATICH CORPORATION FOR ADDITIONAL WORK FOR THE d
"E" STREET IMPROVEMENT PROJECT
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date X
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shown below. s
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MATICH CORPORATION .0
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Date: by: ci
Signature
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Print Name/Title ;
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CITY OF SAN BERNARDINO
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Date: by:
Andrea M. Miller
City Manager E
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Approved as to form.
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Gary D. Saenz
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City Attorney o
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