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AMENDMENT NO. 1 TO
AGREEMENT FOR DESIGN SERVICES AND FOR PURCHASE AND DELIVERY OF
GOODS WITH MANDEVILLE MODULAR
This Amendment No. 1 to the Agreement for Design Services and for Purchase and Delivery of Goods is made and entered into as of November 5, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Mandeville Modular, a California Corporation with its principal place of business at 39516 30th Street East, Palmdale, California 93550 (“Company”). City and Company are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Company have entered into an agreement, dated December 4, 2024, for the purpose of providing professional design services and the manufacturing and delivery of modular buildings (the “Original Agreement”).
B. WHEREAS, the Parties now desire to amend the Original Agreement to extend the term of the Original Agreement for an additional term of one (1) year, and to increase the contract contingency amount by Two Hundred Twenty-Four Thousand Four Hundred Six Dollars and Fourteen Cents ($224,406.14) for a new total contract amount not to exceed Ten Million Three Hundred Seventeen Thousand Four Hundred Thirty - Three Dollars and Fourteen Cents ($10,317,433.14).
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Original Agreement shall be extended for an additional term of one (1) year through December 31, 2026, unless earlier terminated or completed.
3. Compensation. The total compensation for services performed pursuant to this Amendment No. 1 shall not exceed Ten Million Three Hundred Seventeen Thousand Four Hundred Thirty-Three Dollars and Fourteen Cents ($10,317,433.14).
4. Amendment to Exhibit D. Exhibit D shall be removed in its entirety and replaced with the attachment, “Exhibit D: Updated Fee Rates for Modular Buildings and Other Equipment.”
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5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: B86CC645-BA87-4AD9-B56C-B8DCAB5B600E -3-
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO AGREEMENT FOR DESIGN SERVICES AND FOR
PURCHASE AND DELIVERY OF GOODS WITH MANDEVILLE MODULAR
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
COMPANY
MANDEVILLE MODULAR
Heith Bibby
President
Docusign Envelope ID: B86CC645-BA87-4AD9-B56C-B8DCAB5B600E
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EXHIBIT D
UPDATED FEE RATES FOR MODULAR BUILDINGS AND OTHER EQUIPMENT Description Total Cost
Architecture, Structural Engineer, Civil, MEP $685,045 CASP Design and Review $48,500
Volumetric Modular Units $7,938,000
Project Management $105,000
Total Estimated Cost $8,776,545
Contingency $1,540,888.14
Total Estimated Cost w/ Contingency $10,317,433.14
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used in the amount of $10,093,027.
The Inland Empire Health Plan Grant (IEHP) will be used in the amount of $224,406.14.
Docusign Envelope ID: B86CC645-BA87-4AD9-B56C-B8DCAB5B600E