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AMENDMENT NO. 5 TO AGREEMENT NO. 15-1001091 (R14050)
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF CHINO
FOR
PLANNING, PROJECT REPORT AND ENVIRONMENTAL DOCUMENT,
PLANS, SPECIFICATIONS AND ESTIMATES (PS&E), RIGHT OF WAY (ROW),
AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT CENTRAL
AVENUE AND STATE ROUTE 60 IN THE CITY OF CHINO
THIS AMENDMENT No. 5 (AMENDMENT) is made and ente red into by and between the San Bernardino County Transportation Authority ( SBCTA or AUTHORITY ) and the City of Chino (CITY). SBCTA and CITY may be collectively referred to herein as PARTIES.
RECITALS
A. PARTIES entered into Cooperative Agreement No. R14050 (AGREEMENT) on July 15, 2014 to delineate roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW, and Construction activities of the Interchange at Central Avenue and State Route 60 in the City of Chino (PROJECT); and
B. On November 29, 2017, PARTIES approved Amendment No. 1 to authorize SBCTA to acquire properties needed for PROJECT by Eminent Domain if necessary and require CITY to accept conveyances of PROJECT acquired right of way within CITY’s jurisdictional boundaries conveyed by SBCTA; and
C. On February 7, 2019, PARTIES approved Amendment No. 2 to adjust total estimated cost of PROJECT to $31,705,573; and
D. On December 28, 2021 , PARTIES approved Amendment No. 3 to AGREEMENT to adjust total estimated cost of PROJECT to $33,649,197; and
E. In June 2020, funds were programmed to PROJECT as buy -down for CITY and SBCTA shares; and
F. On June 25, 2020, the California Transportation Commission (CTC) allocated $8,638,000 of state Trade Corridor Improvement Fund (TCIF) to PROJECT; and
G. On December 28, 2020, PARTIES approved Amendment No. 4 to adjust total estimated cost of PROJECT to $36,475,158 and reflect the addition of TCIF funds and reduc e Measure I by $2,618,450 and City funds by $3,537,012; and
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H. The estimated total cost of PROJECT has increased by $759,592; and
I. PARTIES desire to amend AGREEMENT to define funding responsibilities for the estimated cost increase of PROJECT
IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT AS FOLLOWS:
1. Replace Attachment A.2 in its entirety with the attached Attachment A.3. Attachment A.3 is incorporated into AGREEMENT by this reference.
2. Except as amended by this Amendment No. 5, all other provisions of the AGREEMENT and amendments thereto shall remain in full force and effect.
3. The Recitals set forth above are incorporated herein by this reference.
4. All other provisions of AGREEMENT, and amendments thereto, shall remain in full force and effect and are incorporated into this Amendment No. 5.
5. This Amendment No. 5 is effective on the date signed by SBCTA.
-------------------------SIGNATURES ON THE FOLLOWING PAGE-------------------------
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IN WITNESS WHEREOF, the PARTIES have duly executed this Amendment No. 5 below.
SAN BERNARDINO COUNTY CITY OF CHINO
TRANSPORTATION AUTHORITY
By: ________________________ By: ________________________ Ray Marquez Dr. Linda Reich
President, Board of Directors City Manager
Date: ________________________ Date: _______________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ________________________ By: ______________________ Julianna K. Tillquist Fred Galante
General Counsel City Attorney
APPROVED AS TO CONTENT:
By: ______________________
Hye Jin Lee
Director of Public Works
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Attachment A.3
PROJECT DESCRIPTION
AUTHORITY and CITY propose to widen the existing SR -60 Central Avenue Bridge Overcrossing, widen both eastbound and westbound on-ramps to two general purpose lanes and one High Occupancy Vehicle Lane preferential lane, construct retaining walls along both e astbound and westbound on - ramps, construct stormwater facilities, and replacement landscaping.
PROJECT FUNDING TABLE
Public Share: 41.2%
Nexus Development Impact Fee Share (DIF, “Development Share”): 58.8% Local Jurisdictional Split of the DIF Share between Chino, San Bernardino County, and Montclair.
Public Share is AUTHORITY’s contribution. Development Share is CITY’s contribution.
Phase Estimated Cost Public Share Buy-Down Development
Share
Project Study Report $444,500 $183,134 $261,366
Project Report and
Environmental Approval $634,237 $261,306
$372,931
Plans, Specifications, and
Estimates $2,013,251 $829,459
$1,183,791
Right of Way Acquisition $765,675 $315,458 $450,217
Construction & Construction
Management $31,228,495 $9,307,284 $8,638,000 $13,283,211 Landscape Maintenance $1,055,170 $434,730 $620,440
AUTHORITY Project
Management $750,000 $0
$750,000
TOTAL $36,891,327 $11,331,371 $8,638,000 $16,921,957