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Attachment 2 - Amendment No 1 SBCTA Agreement

Mayor and City Council
April 3, 2024

Document
Attachment 2 - Amendment No 1 SBCTA Agreement
Meeting
April 3, 2024
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Mayor and City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

Amendment No. 1 to 22-1002720 1
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO 22-1002720

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN BERNARDINO
FOR

PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED),

PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT OF WAY (ROW), AND

CONSTRUCTION PHASES
FOR THE WATERMAN AVENUE AT STATE ROUTE 210 (SR-210) INTERCHANGE

IN THE CITY OF SAN BERNARDINO
I. PARTIES
A. This Amendment No. 1 to Cooperative Agreement 22-1002720 (AGREEMENT) is made by and between the San Bernardino County Transportation Authority (SBCTA) and the City of San Bernardino (CITY). SBCTA and CITY are each a "PARTY" and collectively the "PARTIES" herein.

II. RECITALS
A. In January 2022, PARTIES entered into AGREEMENT to define roles, responsibilities, and funding for improvements for the PA/ED, PS&E, ROW, and CONSTRUCTION phases for the first phase of improvements at State Route 210 (SR-210) and Waterman Avenue in the City of San Bernardino (PROJECT);
B. PROJECT is is identified as eligible for funding under the Valley Interchange Phasing Program with a $10 Million PROJECT cost limit and 81.8% public share; C. PARTIES completed the draft 100% plans and specifications in February 2024; and D. The estimated total cost of PROJECT has increased by $2,150,867 from estimated total of $5,885,000 to $8,035,867; and
E. PARTIES desire to amend AGREEMENT to define funding responsibilities for the estimated cost increase of PROJECT.

NOW, THEREFORE, the PARTIES agree to amend the AGREEMENT as follows:

1.Replace Attachment A to the AGREEMENT shall be deleted in its entirety and replaced with Attachment A.1 attached to this Amendment No. 1 and incorporated herein by reference.

2.Except as amended by this Amendment No. 1, all other provisions of the AGREEMENT shall remain in full force and effect and are incorporated herein by this reference.

Amendment No. 1 to 22-1002720 2

3.Amendment No. 1 is deemed to be included and made part of the AGREEMENT.

4.The Recitals set forth above are incorporated herein by this reference.

5.Amendment No. 1 is effective upon execution by CITY and SBCTA.

6.Unless otherwise defined herein, all capitalized terms used in this Amentment No. 1 shall have the same meaning as defined in the AGREEMENT.

IN WITNESS WHEREOF, PARTIES have duly executed Amendment No. 1 to Agreement 22-1002720 below:

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF SAN BERNARDINO
By:___________________________ By:__________________________ Dawn M. Rowe Charles A. Montoya
President, Board of Directors City Manager
Date:__________________________ Date:__________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:

By:____________________________ By:____________________________ Juanda L. Daniel
Assistant General Counsel
Sonia R. Carvalho
City Attorney

Amendment No. 1 to 22-1002720 3
Amendment No. 1 to Agreement 22-1002720
Attachment A.1
Project Scope:

At the Waterman Avenue State Route 210 (SR 210) interchange, convert southbound and northbound through lane into a left-turn lane and widen eastbound on-ramp to two lanes.

Project Cost Estimate and Funding Shares
SBCTA’s Share: Public Share: 81.8%
City’s Share: Development Share or Local Share: 18.2% (City of San Bernardino) Estimated
Costs Public Share Development/
Local Share
PA/ED $207,285 $169,559 $37,726
PS&E $501,848 $410,512 $91,336
ROW $0 $0 $0
Construction $7,126,734 $5,829,668 $1,297,066
SBCTA Oversight $200,000 $0 $200,000
TOTAL $8,035,867 $6,409,739 $1,626,128

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