HomeMy WebLinkAbout20-Development ServicesCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution authorizing
Amendment to the
Dept: Development Services
Date: July 17, 2008
File: 1.7670
Reimbursement Agreement
between the City of Riverside
and City of San Bemardino for
Improvements to Commercial
Road providing for the
construction of street
improvements on Commercial
Road and Hunts Lane.
MCC Date: August 18, 2008
Synopsis of Previous Council Action:
February 21, 2006 The Mayor and Common Council Authorized Resolution 2006-50
Reimbursement Agreement Between the City of Riverside and City of San
Bernardino for Improvements to Commercial Road.
August 2006 The Mayor and Common Council approved the 2006-07 CIP Budget.
Recommended Motion:
Q Adopt Resolution.
Valerie C. Ross
Contact person: Robert Eisenbeisz -City Engineer Phone: 5203
Supporting data attached: Staff Report, CCO, Reso 2006-50, Ward: 3
Agreement & Project Location Map
FUNDING REQUIREMENTS:
Council Notes:
Amount: $ 2,330
Source: (Acct. Nos.) 129-"t67-5504-7fi70 _
Acct. Description: %:-Cent Sales Tax Fund
Finance:
Q Agenda Item No.
8-(9-00
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect•
Resolution authorizing Amendment to the Reimbursement Agreement between the City of
Riverside and City of San Bernardino for Improvements to Commercial Road providing for the
construction of street improvements on Commercial Road and Hunts Lane.
Backeround:
The City of Riverside approached the City in 2005 to discuss a water main replacement project
that would take place in the City's jurisdictional boundaries on Commercial Road and Hunts
Lane. The purpose of the project was to replace the existing water transmission main pipeline
with a new larger pipe to deliver water to the City of Riverside. Since the streets where the
trench cuts would occur were in need of curb-to-curb pavement rehabilitation, the City of
Riverside and City of San Bemardino proposed an agreement to construct the street
improvements. Riverside agreed to provide design and construction engineering, prepare
construction plans and contract documents, and administer the contract. The street was to be
rehabilitated in accordance with City of San Bemardino standards. San Bemardino agreed to
reimburse the City of Riverside for the cost of the rehabilitation construction and project
administration, not to exceed $78,240. The agreement stipulated that if costs exceeded this
amount, an amendment to the agreement would need to be executed. On February 21, 2006, the
Mayor and Common Council adopted Resolution 2006-50 approving the execution of the
reimbursement agreement.
Change Order:
During construction the cost of asphalt significantly increased. The Standard Specifications for
Public Works allows a change of costs to bid items when material costs rise dramatically during
the course of the project. The City of Riverside provided the information regarding the change
order, along with justification and an offer to pay one-half the cost of the change order. The City
Engineer reviewed the information and recommends approval of the change order.
Change Order No. One, in the amount of $2,329.70 consists of base paving. adjustment in the
amount of $ 4,659.40. Each agency will be responsible for one-half the amount or $2,329.70.
2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The revised project costs are as follows
TOTAL
Ori final Contract Amount $78,240.00
Contract Chan a Order No. One $ 2,329.70
Revised Contract amount $80 569.70
Administrative Costs $ 670.30
Total Pro'ect Cost $81,240.00
This change order represents an increase of 2.97% in the contract amount.
Financial Imaact:
The Development Services Department will include the amount of $2,330 in the 2008-09 Capital
Improvement Program budget (SS06-102: Hunts Land Pavement Rehabilitation from
Commercial Road to 250' South of Commercial Rd. & on Commercial Rd. From Hunts Lane to
Waterman Avenue), which will be recommended for approval in the coming weeks.
Recommendation:
Adopt Resolution.
Attachments:
Change Order #1 Base Paving Adjustment
Attachment "1"
ADDITIONAL PAVING COSTS CALCULATION
Hunts Lane 48-Inch Water Transmission Main Replac®ment Project
City of San Bernardino Irvoke Al
February 2T, 2006 to 4pr)126, 2006
Paving Cost:
Bid Srh "B" Paving Costs: $ 78.240.C0
Change Ordar Al Base Pavlnp Adjustment: $ 2,329.70
Total Paving Cost:
$ 40,369,70
Bid sen "A' Pavnp Costs: S 64,124,00
Bid Sch "B' Psvinq Costs: S 55.04C.00
Total Paving Costa: $ 118,164.00
{Bid Sch "8" Pavirp Costs) + {Total Pavklq Coate)
Change Order Item [Adjueana~t Dw to fntaeaaa in Asphalt Costa]: S 10,067.80
Portion o} Change Order AppNt:able to Bid SCh "8" Pavlnp Work = 0:46 % 10,067.80
S 4,659.40
50?5 Cost SpNt wAtl1 Ciry o! Riverside .
f
City of San 4smardino's Pardon of Change Ordar /1: f
0.46
0.5 x 4,639.40
2.329.70
2,329.70
s.,. ... ., .. , , .. , .,. ..
1
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING THE REIMBURSEMENT AGREEMENT WITH THE
CITY OF RIVERSIDE FOR STREET IMPROVEMENTS TO COMMERCIAL ROAD
AND HUNTS LANE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute an
amendment to the Reimbursement Agreement with the City of Riverside for street improvements
on Commercial Road and Hunts Lane. A copy of the Reimbursement Agreement is attached as
Exhibit A, and a copy of the First Amendment to the Reimbursement Agreement is attached as
Exhibit B, both incorporated herein by reference.
SECTION 2. This Agreement and any amendment or modifications thereto shall not
effect or become operative until fully signed and executed by the parties and no party shall
obligated hereunder until the time of such full execution. No oral agreements, amendments,
or waivers are intended or authorized and shall not be implied from any act or
17I ~ course of conduct of any party.
18I I SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
one-hundred twenty (120) days of passage of the resolution.
21
.~ 2D
1
2
S
4
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING THE REIMBURSEMENT AGREEMENT WITH THE
CITY OF RIVERSH)E FOR STREET IMPROVEMENTS TO COMMERCIAL ROAD
AND HUNTS LANE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting thereof, held
on the day of , 2008, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
9
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14
JOHNSON
15
MC CAMMACK
16
17
The foregoing resolution is hereby approved this
211
Approved as to fonn:
JAMES F. PENMAN,
C
E
City Clerk
day of , 2008.
Patrick J. Moms, Mayor
City of San Bernardino
Exhibit "A"
2006-50
REIMBURSEMENT AGREEMENT BETWEEN
CITY OF RIVERSIDE AND CITY OF SAN BERNARDINO
FOR IMPROVEMENTS TO COMMERCIAL ROAD
This Reimbursement Agreement for Improvements to Commercial Road ("Agreement")
is made and entered into this 10th day of April 2006, by and
between the City of San Bernazdino, a California charter city and municipal corporation ("San
Bemardino") and the City of Riverside, a California charter city and municipal corporation
(" Riverside"), sometimes also referred to herein jointly as "Parties" or individually as "Party."
A. Riverside intends to replace an existing water transmission main line in the City
of San Bernazdino on Commercial Road and Hunts Lane, beginning at the intersection of
Commercial Road and Hunts Lane continuing south 230 feet on Hunts Lane and at said
beginning to 1,173 feet east on Commercial Road, and as further depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference
B. San Bernardino desires to construct street improvements on Commercial Road,
beginning 1,190 feet east from the intersection of Commercial Road and Hunts Lane to 1,170
feet east on Commercial Road and as fwther depicted on the map attached hereto as Exhibit A.
C. The Parties intend that, as provided herein, Riverside shall construct the street
improvements desired by San Bemazdino and that San Bernazdino shall reimburse Riverside for
constructing such street improvements, and, therefore, the Parties desire to enter into this
Agreement for such purposes.
D. Riverside has estimated that construction of the proposed street improvements
shall cost approximately $78,240 and, subject to the provisions herein, San Bernazdino's
reimbursement to Riverside for costs related to the proposed street improvements shall not
exceed this amount. If such costs exceed $78,240, then the parties agree to seek to amend this
Agreement to allow for such additional reimbursement, as frther provided herein.
AGREEMENT
NOW, WHEREFORE, in consideration of the foregoing recitals that are incorporated
herein by this reference and the mutual terms and conditions herein, the Parties agree as follows:
DESCRIPTION OF STREET IMPROVEMENTS
The street improvements that are the subject of this Agreement (defined as the
"Project") shall consist of all design and construction engineering and all contract construction
work, including construction and/or project management, associated with rehabilitating the full
street width of Commercial Road, beginning 1,190 feet east from the intersection of Commercial
Road and Hunts Lane to 1,170 feet east on Commercial Road, consisting of 1,170 feet of
improvements, as provided herein and as set forth in Bid Schedule "B" to City of Riverside
Specification 739, Bid No, 6325 ("Project").
BAW&G/BWSI104J20.2
1028.24 03-08-05
2006-SO
Riverside shall be the lead agency for the Project, and shall provide design and
construction engineering for the Project. Design engineering shall include preliminary
engineering and preparation of construction plans, contract documents and special provisions for
inclusion in the invitation for bids for the Project. Costs associated with design engineering shall
be bom by Riverside. Construction engineering shall include construction survey material
testing, inspection, contract administration and supervision of the construction. Riverside shall
solicit competitive bids for the construction work pursuant to Riverside's usual Public Works
competitive bidding procedures. Construction shall include, but not limited to, famish and
install full street width of asphalt concrete overlay 1-inch thick, rise manholes and valve cans to
grade, street striping (paint) per San Bernardino standazds, provide traffic control.
2. TERM
The term of this Agreement shall become effective on the date first written above,
and shall remain in effect until a Notice of Completion for the construction of the Project has
been recorded, unless terminated eazlier pursuant to the terms herein. Eazly termination shall be
as provided for in Section 9 of this Agreement.
3. CONSTRUCTION
3.1 Construction. Riverside agrees to construct, or caused to be constructed,
the Project in accordance with, without limitation, all approved or required specifications, plans,
drawings, documents and permits issued and/or prepazed by San Bernardino, Riverside and/or
other governmental agency exercising jurisdiction over the Project. All construction contracts
entered into for the Project shall be entered into with a duly licensed, insured and bonded
contractor or contractors. '
3.2 Com~lrance with Governmental ReEUlations. Riverside shall carry out the
design, construction and operation of the Project in conformity wrth all applicable govemmental
regulations.
3.3 Proiect Schedule of Performance. Not later than (10) days after
completion of the Project, Riverside shall prepare and record a Notice of Completion and shall
lodge a copy of the same with San Bemazdino..
3.4 1San Bernazdino's Rieht of Inspection. San Bernardino shall obtain or
cause to be obtained any and all necessary construction permits prior to commencing of any
work within the public rights-of--way for the Project. San Bernardino shall have the right during
the construction to enter upon the Project site for inspection purposes.
-2-
2006-50
4. REIMBURSEMENT OF CONSTRUCTION COSTS
4.1 Estimated Construction Costs and Reimbursement Amount. Riverside
has estimated that the costs for construction of the Project shall be approxrmately $78,240,
including direct construction, project administration and other "soft" costs. San Bemazdino shall
pay for all such costs associated with the Project, in an amount not to exceed the current
estimated amount of $78,240, unless Riverside issues, in writing, any reasonable change orders,
that may increase such costs. Any such change orders affecting San Bemazdino's costs
associated with the Project shall not be issued nor approved without the prior consent or both
parties, which consent shall not be unreasonably withheld or delayed.
4.2 Cost Records and Verification. Throughout the period of construction of
the Project, Riverside shall submit to San Bemazdino monthly statements of actual cost of
construction, including contracts, invoices, cancelled checks or other evidence of cost incurred
satisfactory to San Bernardino so that San Bernardino may verify Riverside's actual cost of such
improvements.
4.3 Final Statement of Account Reimbursements. Upon completion of all the
Project, Riverside shall calculate all final costs incurred therefore, and shall submit to San
Bemazdino a final statement of said costs which statement shall clearly set forth the total amount
for each Party's share as previously described herein, total amount of funds paid and deposited
by San Bernardino for said Project, if any, total amount of funds paid by Riverside and amount
due to Riverside by San Bernardino for its share of the Project cost. Any amounts due shall be
paid within (30) days from the date of statement.
5. HOLD HARMLESS
Except as to San Bernazdino's negligence or willful misconduct, Riverside shall
defend, indemnify and hold harmless San Bemazdino, its officers, employees, and agents against
and from any and all loss, liability, damage, claim, cost, charge, demand, or expense (including
without limitation any direct, indirect or consequential loss, liability, damage, claim, cost,
chazge, demand, expense, or attorneys' fees) for injury or death to any person, and damage to
property, including without limitation property of either Party, arising out of or in connection
with the constmction of the Project under this Agreement. The provisions of this Section 5 shall
not be construed to relieve any insurer of its obligations to pay any insurance claims in
accordance with the provisions of any valid insurance policy.
6. INSURANCE
6.1 General Liability and Auto Insurance. Riverside shall secure, or cause its
contractor to secure and thereafter maintain until completion of the Agreement, such commercial
general and automobile liability insurance as shall protect Riverside from claims for damages for
personal injury, including accidental death, as well as from claims for property damage which
may arise from or which may concern operations under the Agreement, whether such operations
BAW&G/BWS/104J20.2
1028.2A 03-OS-05
-3-
2006-50
be by or on behalf of Riverside, any subcontractor or anyone directly or indirectly employed by,
connected with or acting for or on behalf of any of them.
All liability insurance shall be issued by insurance companies authorized to transact liability
insurance business in the State of California, with a policy holder's Rating of B+ or higher, and a
Financial Cass of VII or higher.
Such commercial general liability policy shall cover both bodily injury (including death)
and property damage (including but not limited to premises-operations liability, products-
completed operations liability, independent contractors liability, personal injury liability, and
contractual liability), in an amount not less than $1,000,000 per-occurrence limit/$2,000,000
aggregate, unless otherwise approved by the Riverside.
Such automobile liability policy shall cover both bodily injury and property damage in an
amount not less than $1,000,000 per-occurrence limit, unless, otherwise approved by Riverside.
The policies shall not be amended or canceled unless thirty (30) days prior written
notification of intended amendment or cancellation has been given to Riverside and San
Bemardino by certified or registered mail.
6.2 San Bemazdino as Additional Insured. Each policy of insurance required
pursuant to Subsection 6.1 and the original certificate of insurance evidencing such coverage
shall name the San Bemazdino as an additional insured under such policy. Each such policy
shall be in the usual form of public liability insurance, but shall also include the following
provision:
"Solely with respect to work done by the named insured for the
City of San Bemardino, it is agreed that the City of San Bernardino
and its officers and employees aze added as additional insureds
under this policy."
6.3 Workers Compensation. Riverside shall require that the contractor(s)
constructing the Project, prior to commencing such construction, shall comply with Section 3700
of the Labor Code of the State requiring every employer to be insured against liability for
workers' compensation or to undertake self-insurance for such liability. Upon request, Riverside
shall famish to San Bemardino a copy of a certificate of insurance or self-insurance provided by
each such contractor evidencing that such insurance or self-insurance is in effect.
MODIFICATIONS WANER_ INTERPRETATION
7.1 Amendments. No amendment or modification to this Agreement shall be
effective unless in a writing duly executed by both Parties. The failure of any Party at any time
-a.
2006-50
or times to require performance of any provision hereof shall in no manner affect the right at a
later time to enforce the same. No Waiver by any Party of the breach of any term or covenant
contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed
as a further or continuing waiver of any such breach or a waiver of the breach of any other term
or covenant unless such waiver is in writing.
7.2 Sole A Bement. This Agreement constitutes the final, complete and
exclusive statement of the terms of the agreement between the Parties pertaining to the subject
matter of this Agreement, and supersedes all prior and contemporaneous understandings or
agreements of the Parties. Neither Party has been induced to enter into this Agreement by, and
neither party is relying on, any representation or warranty outside those expressly set forth in this
Agreement.
8. NOTICES
8.1 Notices. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following addresses or at such other addresses as the
respective Parties may provide in writing for this purpose:
City: City of Riverside, Public Utilities Department/Water Division
3900 Main Street
Riverside, California 92522
Attention: Construction Contract Administrator
City: City of San Bernardino, Development Services Departrnent
300 N "D" Street
San Bernazdino, CA 92418-0001
Attention: Director of Development Services
Such notice shall be deemed made when personally delivered or mailed or forty-
eight (48) hours after deposit in the U.S. mail, first class postage prepaid and addresses to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service. Changes in such designation maybe made
by notice similazly given.
9. EARLY TERMINATION OF AGREEMENT
The Parties may terminate this Agreement by mutual written consent.
10. AUTHORIZED REPRESENTATIVE
San Bemazdino's Authorized Representative is the Director of Development
Services, or his designee. San Bernardino may change its Authorized Representative by
giving Riverside notice pursuant to Section 8. Riverside's Authorized Representative is
aAW&G/aW5/104J20.2
1028.24 U3-08-05
-5-
2006-50
the General Manager of Public Utilities, or his designee. Riverside may change its
Authorized Representative by giving San Bernardino notice pursuant to Section 8.
11. SEVERABILITY
If any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions contained in this
Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision(s) had never been contained herein.
12. CAPTION AND PRONOUNS
The captions and headings of the various Sections of this Agreement aze for
convenience only, and are not be construed as confining or limiting in any way the scope or
intent of the provisions hereof. Whenever the context requires or permits, the singulaz shall
include the plural, the plural shall include the singular, and masculine, feminine and neuter shall
be freely interchangeable.
13. ATTORNEY'S FEES
In any action to interpret of enforce any provision of this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees.
IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to
be executed by their duly authorized representatives.
City of Riverside, ~~ City of San Bernardino
B : ~: -~ By
Y~
Bradley udson, City Manager
Attest:
~ B ou~!'c¢.~
By: Y~
Colleei J. icol, City Clerk chel Claz City Clerk
~I~ ,
APPROVED AS TO FORM: J ~A PR TO FrORM ND
~~~/// LEGAL ~ONTENT:
-r
By. GJ- By: u
usan D. Wi}son, Deputy City Attorney James enman, City Attomey
O:\Cycom\W PDocs\D021 \P004\00054292
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2006-50
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Exhibit "B"
FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT BETWEEN
CITY OF RIVERSIDE AND CITY OF SAN BERNARDINO
FOR IMPROVEMENTS TO COMMERCIAL ROAD
This Amendment to Agreement for Reimbursement of Improvements to Commercial
Road (this "Amendment") is made as of the day of , 2008, by and
between the City of Riverside, a charter city and a municipal corporation of the State of California
("Riverside") and the City of San Bernardino, a California charter city and municipal corporation
("San Bernardino").
RECITALS
WHEREAS, on or about April 10, 2006, Riverside and San Bernardino entered into an
agreement entitled Agreement for Reimbursement of Improvements to Commercial Road (the
"Agreement").
WHEREAS, under that Agreement, San Bernardino agreed to contribute up to $78,240
for the construction of certain street improvements. The cost of the improvements has increased
by $2,329.70, and the parties wish to amend the Agreement to include this additional
contribution.
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged, Riverside and San Bernardino hereby agree as follows:
1. Section 4.1, "Estimated Construction Costs and Reimbursement Amount" is
hereby increased by $2,329.70.
2. All other terms and conditions of the Agreement shall remain the same and in full
force and effect.
3. This First Amendment shall be governed by and construed in acwrdance with the
laws of the State of California.
[signatures on next page]
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed the day and yeaz first above written.
CITY OF RIVERSIDE,
a charter city and a municipal corporation
sy:
Title: City Manager
ATTEST:
ay:
Colleen J. Nicol
City Clerk
APPROVED AS TO FORM:
By:
Susan D. Wilson
Deputy City Attorney
o:~cy~oo,~~wenoes~nooa~roomaoooazss.noc
CA: Os-2150.4 (SW)
Rev: 08/01/08
CITY OF SAN BERNARDINO,
a charter city and a municipal corporation
By:
Name:
Title: City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By: ~ .,.
James F. Penman
City Attorney
2
FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT BETWEEN
CTTY OF RIVERSIDE AND CTTY OF SAN BERNARDINO
FOR IMPROVEMENTS TO COMMERCIAL ROAD
This Amendment to Agreement for Reimbursement of Improvements to Commercial
Road (this "Amendment") is made as of the day of , 2008, by and
between the City of Riverside, a charter city and a municipal corporation of the State of California
("Riverside") and the City of San Bernardino, a California charter city and municipal corporation
("San Bernardino").
RECITALS
WHEREAS, on or about April 10, 2006, Riverside and San Bernardino entered into an
agreement entitled Agreement for Reimbursement of Improvements to Commercial Road (the
"Agreement").
WHEREAS, under that Agreement, San Bernardino agreed to contribute up to $78,240
for the constmction of certain street improvements. The cost of the improvements has increased
by $2,329.70, and the parties wish to amend the Agreement to include this additional
contribution.
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged, Riverside and San Bernardino hereby agree as follows:
1. Section 4.1, "Estimated Construction Costs and Reimbursement Amount" is
hereby increased by $2,329.70.
2. All other terms and conditions of the Agreement shall remain the same and in full
force and effect.
3. This First Amendment shall be governed by and construed in accordance with the
laws of the State of California.
[signatures on next page]
,~
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed the day and year first above written.
CITY OF RIVERSIDE,
a charter city and a municipal corporation
Name:
Title: City Manager
ATTEST:
By:
Colleen J. Nicol
City Clerk
APPROVED AS TO FORM:
By:
Susan D. Wilson
Deputy City Attomey
O:\Cycom\ WPDocs\D004\P006\00004235.DOC
CA: OS-2150.4 (SW)
Rev: OS/01/08
CITY OF SAN BERNARDINO,
a charter city and a municipal corporation
By:
Name:
Title: City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
2
:s F. Penman
Attomey
FD25T AMENDMENT TO REIMBURSEMENT AGREEMENT BETWEEN
CITY OF RIVERSIDE AND CITY OF SAN BERNARDINO
FOR IMPROVEMENTS TO COMMERCIAL ROAD
This Amendment to Agreement for Reimbursement of Improvements to Commercial
Road (this "Amendment") is made as of the day of , 2008, by and
between the City of Riverside, a charter city and a municipal corporation of the State of Califomia
("Riverside") and the City of San Bemazdino, a Califomia charter city and municipal corporation
("San Bernazdino").
RECITALS
WHEREAS, on or about April 10, 2006, Riverside and San Bernardino entered into an
agreement entitled Agreement for Reimbursement of Improvements to Commercial Road (the
"Agreement").
WHEREAS, under that Agreement, San Bernazdino agreed to contribute up to $78,240
for the construction of certain street improvements. The cost of the improvements has increased
by $2,329.70, and the parties wish to amend the Agreement to include this additional
contribution.
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged, Riverside and San Bemardino hereby agree as follows:
1. Section 4.1, "Estimated Construction Costs and Reimbursement Amount" is
hereby increased by $2,329.70.
2. All other terms and conditions of the Agreement shall remain the same and in full
force and effect.
3. This First Amendment shall be governed by and construed in accordance with the
laws of the State of California.
[signatures on next page]
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed the day and year first above written.
CITY OF RIVERSIDE,
a charter city and a municipal corporation
By:
Name:
Title: City Manager
ATTEST:
By:
Colleen J. Nicol
City Clerk
APPROVED AS TO FORM:
By:
Susan D. Wilson
Deputy City Attomey
CITY OF SAN BERNARDINO,
a charter city and a municipal corporation
By:
Name:
Title: City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By: ~ cti,..-~
James F. Penman
City Attorney
O:\Cycom\WPDocs\D004\P006\00004235.DOC
CA: OS-2150.4 (SW)
Rev: 08/01/08