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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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 _6. 2006-50 Q ~ F- w m W = U~ Z W ~ajJ J ~ ~p Q ZW Za, Q 2 G 3Ad NVWN3ldM ZW~ ~ (Ufa ~ ao Q ~ ~ ~ 5 ~ ~ m o LL ~ V Q a~ W _ ~ t ~ ~""1 ~? ~~(j~ Z W 3 z '~^ ~ w ~U ~ a J 0 W W Q z _ Z O ~ ~~ W~ 0 3 ~ ~ ga > ~" ~ n ~~ Zi z D ~ ~ _- U/~- v ~ ~ _ ~~ a0 a a s zF o i ~bM33y~ ~ i W'u < s~2 ~ ~ J N _ ~ F U s ~~ a r 13IN11N.~ MJ3M) ,~ L i` U f _ 3~Y NONM3~ 111 3AV NHWN3IVM 0 ROPE ~ mo i 0c ~~ J ~ ~~ a Q Y 3r ~? ~ N ~~ a s~ N~ nN 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