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 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-------------------------- 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
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