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2. DELETE the existing seventh WHEREAS recital and REPLACE it with a revised seventh WHEREAS recital,
<br />which shall read as follows:
<br />WHEREAS, COUNTY's share of PROJECT cost is estimated to be $4,733,000 and the CITY's share of
<br />PROJECT cost is estimated to be $141,000 as more particularly set forth in Exhibit "B-1", which is attached
<br />hereto and incorporated herein by this reference; and,
<br />3. DELETE the existing paragraph 1.10 and REPLACE it with a revised paragraph 1.10, which shall read as
<br />follows:
<br />1.10 Based on the COUNTY percentage calculated pursuant to Paragraph 1.9, pay its share of the
<br />PROJECT cost. The PROJECT cost shall include cost of design, utility relocation, construction,
<br />construction engineering, inspection, CEQA compliance, and COUNTY overhead. COUNTY's share
<br />of PROJECT cost is estimated to be $4,733,000 and shall not exceed $5,916,250 (25% increase over
<br />the COUNTY's PROJECT cost estimate) absent a written amendment to this Agreement pursuant to
<br />Paragraph 3.17 below.
<br />4. DELETE the existing paragraph 1.11 and REPLACE it with a revised paragraph 1.11, which shall read as
<br />follows:
<br />1.11 Submit to the CITY an itemized accounting of actual PROJECT costs incurred by COUNTY and an
<br />invoice. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with
<br />adequate documentation of said expenditures. CITY's share of PROJECT costs is estimated to be
<br />$141,000 and shall not exceed $35,250 (25% increase over the PROJECT cost estimate) for
<br />unanticipated PROJECT cost, bringing a possible total amount not -to -exceed $176,250.
<br />5. DELETE the existing paragraph 2.3 and REPLACE it with a revised paragraph 2.3, which shall read as
<br />follows:
<br />2.3 Provide a qualified CITY representative who has the authority to discuss and resolve PROJECT issues;
<br />and the authority to inspect PROJECT construction site upon notification by COUNTY via email and/or
<br />telephone that an inspection is required within the CITY's limits.
<br />6. DELETE the existing paragraph 2.4 and REPLACE it with a revised paragraph 2.4, which shall read as
<br />follows:
<br />2.4 Based on percentage calculated pursuant to Paragraph 1.9 above, pay CITY's share of the PROJECT
<br />costs. The PROJECT cost shall include design, utility relocation, construction, construction
<br />engineering, inspection, CEQA compliance, and COUNTY overhead. CITY's share of the PROJECT
<br />cost is currently estimated to be $141,000 and shall not exceed $35,250 (25% increase over the
<br />PROJECT cost estimate) for unanticipated PROJECT cost, bringing a possible total amount not -to -
<br />exceed $176,250.
<br />7. DELETE the existing paragraph 3.7 and REPLACE it with a revised paragraph 3.7, which shall read as
<br />follows:
<br />3.7 The Parties acknowledge that final PROJECT costs may ultimately exceed current estimates of
<br />PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders,
<br />or arising from unforeseen site conditions, including utility relocation (but not from requested
<br />additional work by COUNTY or CITY, which is addressed in Paragraph 3.8 below) over the estimated
<br />total of the PROJECT's cost of $4,874,000 (which is the sum of $4,733,000 from COUNTY and
<br />$141,000 from CITY) shall be borne by each Party based on where the work is required (e.g. whether
<br />the work is required in the COUNTY or CITY jurisdiction).
<br />8. DELETE the existing Exhibit "B" and REPLACE it with Exhibit "B-1", attached to this Amendment and
<br />incorporated into County Contract No. 21-576 by this reference.
<br />Revised 1/10123 Page 2 of 5
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