taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Page. 514
Resolution 2024-162
Resolution 2024-162
July 17, 2024
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-162 adopted at a regular meeting held on the 17th day of July, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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Resolution 2024-163
Resolution 2024-163
July 17, 2024
RESOLUTION NO. 2024-163
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2024-25 TO PAY FOR FACILITIES OR TO
PAY PRINCIPAL AND INTEREST ON BONDS AND
ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY
OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment of facilities or to pay principal of and interest on bonds within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the District at a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the District by ordinance, including Ordinance No. MC-1598, adopted on November 2, 2022; and
WHEREAS, the special taxes will be levied for fiscal year 2024-25 on all parcels in each category of developed property in the District on the same basis and at the same rate to pay for facilities or to pay principal and interest on bonds and for the payment of administrative expenses incurred in connection with the levy and collection of said special taxes; and WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year 2024-25 will not exceed the rates of the special taxes that have previously been levied by ordinance;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the 2024-25 fiscal year on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government Code, such special taxes shall be collected in the same manner as ordinary ad valorem property Packet Page. 519
Resolution 2024-163
Resolution 2024-163
July 17, 2024
taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Page. 520
Resolution 2024-163
Resolution 2024-163
July 17, 2024
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-163 adopted at a regular meeting held on the 17th day of July, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July, 2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 17, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill Director of Public Works, Operations and
Maintenance
Department: Public Works
Subject: Approving Amendment No. 3 to Cooperative
Agreement No. 19-1002205 with the San Bernardino
County Transportation Authority (SBCTA) for the
Interstate 215/University Parkway Interchange Project
(SS04-019) (Wards 5,6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2024-154:
1. Authorizing the City Manager to execute Amendment No. 3 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019); and
2. Authorizing the Agency Director of Finance and Management Services to amend the Interstate 215/University Parkway Interchange Project budget in the amount of $403,743 through the Measure I (129) Fund Balance remaining Executive Summary
The primary objective of the Diamond Divergent Interchange project focuses on optimizing traffic flow, enhancing safety coupled with improved operational efficiency, and reducing congestion within the interchange for all users of the interchange. The City has an existing Cooperative Agreement with SBCTA for the completion of the project. Amendment No. 3 to the agreement is necessary to continue the progress of the project and allow the award of the construction contract. The total cost increase included in Amendment No. 3 to be paid by the City is $403,743.
Packet Page. 523
Background
The Interstate 215/University Parkway Interchange Project will improve freeway access and relieve traffic congestion on University Parkway due to high traffic volumes and heavy left turn movements onto the southbound I-215 Freeway. In October 2016, the City completed a Project Study Report - Project Development Support (PSR-PDS) recommending a Diverging Diamond Interchange (DDI) configuration as one alternative to address the traffic needs at the interchange.
On October 26, 2015, the Mayor and City Council approved Resolution No. 2015-233 and Cooperative Agreement No. 16-1001335, which provides that upon completion of the PSR-PDS and acceptance by Caltrans, the project will be turned over to San Bernardino County Transportation Authority (SBCTA) for Project Management and delivery.
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-161 and Cooperative Agreement No.19-1002205, which assumed the terms and conditions of Cooperative Agreement No. 16-1001335. During discussions with SBCTA, it was discovered that Cooperative Agreement No.16-1001335 had inadvertently terminated on June 29, 2018. Therefore, SBCTA recommended a new cooperative agreement to replace and continue after the termination date of Cooperative Agreement No.16- 1001335. Cooperative Agreement No. 19-1002205 also reflected an increase in the estimated cost for the Project Approval and Environmental Document (PAED) and Plans, Specifications, and Estimates (PS&E) phases which included estimated costs for the Construction phase.
On May 5, 2022, the City approved Amendment No.1 to Cooperative Agreement No. 19-1002205 to reflect cost increases in design costs and for the Right-of-Way phase of the project in the amount of $396,437 addressing estimated settlement costs for acquisition of rights needed to construct and operate the project. At the time, since project design was only at 65% level, City staff and SBCTA agreed to defer any estimated forecasted final construction cost increases to such a time when 100% final plans have been completed.
On October 18, 2023, the Mayor and City Council approved Resolution No. 2023-159 and Amendment No. 2 to Cooperative Agreement No.19-1002205 to increase the Interstate 215/University Parkway Interchange Project budget in the amount of $864,908 through the General Fund Balance. This amendment was to cover the estimate costs of several Project design updates and refinements as part of the progression of project design as reflected in the draft plans and to also cover escalated costs of materials and labor then. At this time, the engineer’s estimate for construction was $15.5 million.
Measure I Fund, approved in 1989, authorized SBCTA to impose a one-half of one percent retail transaction and use tax, applicable throughout the County from April 1, 1990, to March 31, 2010. Known as the 1/2-Cent Sales and Road Tax (Measure I), this Packet Page. 524
tax was extended in November 2004 for an additional 30 years, from April 1, 2010, through March 31, 2040.
Measure I fund, known as Local Pass-Through funds, must be used exclusively for transportation improvements, including local streets, major highways, state highways, transit, and other projects that optimize transportation facilities. The expenditure of these funds is based on a Five-Year Measure I Capital Improvement Plan (MICIP), adopted annually by each jurisdiction’s governing body after public review and comment. This project was included in the list of projects adopted on October 4, 2023.
Discussion
SBCTA is requesting that the City approve Amendment No. 3 to Cooperative Agreement No.19-1002205 for the Interstate 215 University Parkway Interchange Project. The revised total amount of SBCTA’s project contribution is $16,387,882 and the City’s contribution is $3,645,161. The total amount of buy-down funds, comprising of various federal funds is $5,735,000.
In February 2024, the project received its Right of Way certification, and in March 2024, the project received its design approval. On May 15, 2024, the project was advertised and on June 12, 2024, the bids were opened. SBCTA received three bids ranging from a low bid of $16.9 million to a high bid of $17.9 million. SEMA Construction Inc. has been chosen as the apparent low bidder.
The higher than anticipated bid has caused the total Project cost to increase over the currently authorized amount in the cooperative agreement with SBCTA. Along with some cost increases in the final design phase and taking into account savings from the Right of Way phase, the total Project cost increase is $2,555,333 which will be funded with an increase of Measure I funds of $2,151,590 and City Measure I (Pass Through) funds of $403,743.
An amendment to Cooperative Agreement No.19-1002205 will be necessary to maintain the project schedule and allow award of the contract later this month.
Construction is expected to begin in October 2024 and will continue through fall of 2025 before a one-year landscape plant establishment period can begin.
The project bidders and the amount of their bids as follows:
Vendor Bid Amount
SEMA Construction Inc. $16,876,360.62
Riverside Construction Company Inc. $17,349,713.39
SULLY-MILLER $17,911,377.05
The construction phase of the project is funded with approximately $3.1M of federal funds, which buys down the cost for the City and SBCTA. Cost increases in this amendment will be funded with City’ share at 15.8% and SBCTA Measure I fund at
84.2%.
Packet Page. 525
The table below shows Project Funding Details:
Original Coop Agreement $1,995,621.00 Measure I
Amendment No. 1 $396,437.00 Measure I ROW
Amendment No. 2 $864,908.00 General Fund
Engineers
Estimate
Current Adopted Budget $3,241,418.00
Amendment No. 3 $403,743.00 Total Shortfall
Total City's Share for
Project $3,645,161.00
The budget for the proposed work was initially established using Measure I funds from FY 2022/23, amounting to $1,995,621. Amendment No. 1 addressed the Right-of-Way phase, adding an additional $396,437 from Measure I funds. Subsequently, Amendment No. 2, approved through FY 2023/24 and Resolution 2023-159, authorized $864,908 from the general fund. This brought the project’s total balance to $3,241,418.
Amendment No. 3 to Cooperative Agreement No. 19-1002205 increases the total project cost from $3,241,418 to $3,645,161, resulting in an additional cost increase of $403,743.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 4: Economic Growth & Development.
This project will contribute to ensure that the City is clean and attractive and provides an infrastructure designed for long term economic growth.
Fiscal Impact
There is no General Fund Impact associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2024-154:
1. Authorizing the City Manager to execute Amendment No. 3 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019); and
2. Authorizing the Agency Director of Finance and Management Services to amend the Interstate 215/University Parkway Interchange Project budget in the amount of $403,743 through the Measure I (129) Fund Balance.
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Attachments
Attachment 1 Resolution 2024-154
Attachment 2 Amendment No. 3 to Cooperative Agreement No.19-1002205 Attachment 3 Amendment No. 2 to Cooperative Agreement No.19-1002205 Attachment 4 Amendment No. 1 to Cooperative Agreement No.19-1002205 Attachment 5 Cooperative Agreement No.19-1002205
Ward: 5, 6
Synopsis of Previous Council Actions:
December 6, 2004 Mayor and City Council adopted Resolution No. 2004-383 approving Agreement with TY Lin International to provide a PSR/PR document for the University Parkway/ Interstate 215 Interchange Southbound Loop Entrance Ramp project (SS04- 19)
July 16, 2007 Mayor and City Council adopted Resolution No. 2007-257 approving Amendment No. 1 with TY Lin International to
provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
February 19, 2008 Mayor and City Council dropped Resolution No. 2008-60 approving Amendment No. 2 with TY Lin International to
provide PSR/ PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
May 19, 2008 Mayor and City Council adopted Resolution No. 2008-152 approving Amendment No. 3 with TY Lin International to
provide PSR/ PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
July 6, 2009 Mayor and City Council adopted Resolution No. 2009-199 approving Amendment No. 4 with TY Lin International to
provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
October 19, 2015 Mayor and City Council adopted Resolution No. 2015-233 approving a Memorandum of Understanding (MOU) No.15-
1001217 and Cooperative Agreement No. 16-1001335 with
SANBAG for Project Management of the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
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September 6, 2016 Mayor and City Council adopted Resolution No. 2016-191 approving Amendment No.1 to Cooperative Agreement No.
16-1001335 with San Bernardino County Transportation
Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SS04-19).
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-161 approving Cooperative Agreement No. 19-1002205 with San Bernardino County Transportation Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SS04-19).
May 4, 2022 Mayor and City Council approving Amendment No.1 to Cooperative Agreement No. 19-1002205 with San Bernardino County Transportation Commission (Authority) for the
Interstate 215/University Parkway Interchange Project (SS04- 19).
October 18, 2023 Mayor and City Council adopted Resolution 2023-159 approving Amendment No.2 to Cooperative Agreement No.
19-1002205 with San Bernardino County Transportation
Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SS04-19).
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Resolution No. 2024-154
Resolution 2024-154
July 17th, 2024
RESOLUTION NO. 2024-154
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT
NO. 19-1002205 WITH THE SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY (SBCTA) FOR THE
INTERSTATE 215/UNIVERSITY PARKWAY
INTERCHANGE PROJECT (SS04-019); AND
AUTHORIZING THE AGENCY DIRECTOR OF FINANCE
AND MANAGEMENT SERVICES TO AMEND THE
INTERSTATE 215/UNIVERSITY PARKWAY
INTERCHANGE PROJECT BUDGET IN THE AMOUNT OF
$403,743 THROUGH THE MEASURE I (129) FUND
BALANCE.
WHEREAS, the I-215/University Parkway Project received bids for construction on June 12, 2024, and SBCTA received three bids for the construction of the interchange; and WHEREAS, the three bids received on June 12, 2024, for the construction of the project came in above the engineer’s estimate, resulting in the need for Amendment No. 3 to the Cooperative Agreement No. 19-1002205
WHEREAS, the City is requesting $403,743 from Measure I (129) for Amendment No. 3 to the Cooperative Agreement No. 19-1002205 to continue the progress of the project and allow the award of the construction contract.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute Amendment No. 3 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019); and
SECTION 3. The Mayor and City Council authorize the Agency Director of Finance and Management Services to amend the Interstate 215/University Parkway Interchange Project budget in the amount of $403,743 through the Measure I (129) Fund Balance.
SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA Packet Page. 529
Resolution No. 2024-154
Resolution 2024-154
July 17th, 2024
applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of July 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-154
Resolution 2024-154
July 17th, 2024
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-154, adopted at a regular meeting held on the 17th day of July 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
Genoveva Rocha, CMC, City Clerk
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1 Amendment No. 3 to 19-1002205
AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO 19-1002205
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
PROJECT REPORT AND ENVIRONMENTAL DOCUMENT (PA/ED),
PLANS, SPECIFICATIONS AND ESTIMATES (PS&E), RIGHT-OF-WAY (ROW),
AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO I. PARTIES
A. This Amendment No. 3 to Agreement 19-1002205 (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 November 2015, Parties entered into Cooperative Agreement No. 16-1001335 to define the roles and responsibilities and funding for improvements for the PA/ED, PS&E, and ROW phases for the interchange at University Parkway and I-215 in the limits of the City of San Bernardino (PROJECT); and
B. Cooperative Agreement No. 16-1001335 terminated on June 29, 2018; and C. The Parties entered into this AGREEMENT in July 2019, which assumed the terms and conditions of Cooperative Agreement No. 16-1001335 and was effective June 30, 2018; and
D. In June 2022, the Parties entered Amendment No. 1 to AGREEMENT to reflect estimated cost increases in the ROW phase for PROJECT; and
E. In November 2023 the Parties entered Amendment No. 2 to AGREEMENT to reflect estimated cost increases in the Construction phase for PROJECT based on the draft 100% plans and specifications; and
F. In May 2024, the construction contract for PROJECT was advertised for bids; and G. On June 12, 2024, bids were opened on PlanetBids, SBCTA’s online procurement program; and
H. The apparent lowest bid was greater than the estimate used for Amendment No. 2 for AGREEMENT, which necessitates an amendment to AGREEMENT to reflect the Packet Page. 532
2 Amendment No. 3 to 19-1002205
increased cost; and
I. Completion of the design of the project resulted in an increase in the PA/ED and PS&E phase over the estimate provided in Amendment No. 2 to AGREEMENT; and J. Completion of the acquisition of property needed for PROJECT resulted in savings in the ROW phase as compared to the estimate provided in Amendment No. 2 to AGREEMENT; and
K. The increase in the PA/ED, PS&E, and construction phase, and the savings in the ROW phase, together resulted in a total PROJECT cost increase of $2,555,333, comprised of an increase of $403,743 of Development/Local Share and an increase of $2,151,590 of Public Share; and
L. Parties desire to amend AGREEMENT to define funding responsibilities for the total PROJECT cost increase.
NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:
1. Replace Attachment A.2 in its entirety with Attachment A.3 attached to this Amendment No. 2. Attachment A.3 is incorporated into AGREEMENT by this reference.
2. Except as amended by this Amendment No. 3, 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. Amendment No. 3 is effective upon execution by SBCTA. --------------------------Signatures on Following Page-------------------------- Packet Page. 533
3 Amendment No. 3 to 19-1002205
IN WITNESS WHEREOF, Parties have duly executed Amendment No. 3 to Agreement 19-1002205 below:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
CITY OF SAN BERNARDINO
By:___________________________ By:__________________________ Ray Marquez Rochelle Clayton
President, Board of Directors Acting City Manager
Date:__________________________ Date:__________________________ APPROVED AS TO FORM: APPROVED AS TO FORM AND
PROCEDURE:
By:____________________________ By:____________________________ Julianna K. Tillquist
General Counsel
Sonia R. Carvalho
City Attorney
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4 Amendment No. 3 to 19-1002205
Amendment No. 3 to Agreement 19-1002205
Attachment A.3
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway access to I-215 and improving local traffic flow on University Parkway by reconstructing existing interchange configuration into a Diverging Diamond Interchange (DDI).
Project Cost Estimate and Funding Shares
After application of buy-down funds, Project costs will be split according to the SBCTA Nexus Study with the Public Share at 84.2% and the Development/Local Share at 15.8% Estimated
Costs Buy-Down Public Share Development/Local Share
Project Approval
and Environmental
Document (PA/ED)
$1,175,279 $939,716 $198,344 $37,219
Design (PS&E) $1,248,129 $1,103,855 $121,479 $22,795
Right of Way
(ROW) $2,246,047 $612,000 $1,375,868 $258,179
Construction $20,528,587 $3,079,429 $14,692,191 $2,756,967 SBCTA Oversight $570,000 $0 $0 $570,000
TOTAL $25,768,043 $5,735,000 $16,387,882 $3,645,161
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