Amendment No. 3 to 22-1002720 1
AMENDMENT NO. 3 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. 3 to Cooperative Agreement 22-1002720 (both the original cooperative agreement and its prior two amendments shall be collectively referred to herein as “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); and
B. The PROJECT is identified as eligible for funding under the Valley Interchange Phasing program with a $10 Million PROJECT cost limit and 81.8% public share; and C. In September 2022, design services contract was awarded and in June 2023, Contract Task Order was awarded for construction management services for PROJECT; and D. PARTIES completed the draft 100% plans and specifications in February 2024 and prepared the construction invitation for bids; and
E. In April 2024, PARTIES entered Amendment No. 1 to AGREEMENT to reflect estimated cost increases in the Construction phase for PROJECT based on the draft 100% plans and specifications; and
F. In September 2024, PARTIES entered Amendment No. 2 to reflect the lowest responsive bid, which was greater than the cost estimate used Construction phase cost in Amendment No. 1; and
G. In October 2024, the construction contract was executed, and a construction Notice to Proceed was issued; and
Amendment No. 3 to 22-1002720 2
H. Construction period was extended from 120 working days to 200 working days to allow sufficient time for the contractor to procure materials for PROJECT such as traffic signal poles and electrical equipment; and
I. A greater amount of night work than anticipated is being utilized to avoid traffic disruptions to commuters during the day; and
J. Extension of construction period and additional night work is resulting in higher costs for construction management services; and
K. 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.Attachment A.2 to the AGREEMENT shall be deleted in its entirety and replaced with Attachment A.3, attached to this Amendment No. 3 and incorporated herein by reference.
All references to “Attachment A.1” and “Attachment A.2” in the AGREEMENT shall be replaced with “Attachment A.3”.
2.Except as amended by this Amendment No. 3, all other provisions of the AGREEMENT shall remain in full force and effect and are incorporated herein by this reference.
3.Amendment No. 3 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. 3 is effective upon execution by SBCTA and CITY.
6.Unless otherwise defined herein, all capitalized terms used in this Amendment No. 3 shall have the same meaning as defined in the AGREEMENT.
--------------------------Signatures on Following Page-------------------------- Amendment No. 3 to 22-1002720 2
Amendment No. 3 to 22-1002720 3
IN WITNESS WHEREOF, PARTIES have duly executed Amendment No. 3 to Agreement No. 22-1002720 below:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
CITY OF SAN BERNARDINO
By:___________________________ By:__________________________ Rick Denison Eric Levitt
President, Board of Directors City Manager
Date:__________________________ Date:__________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
By:____________________________ By:____________________________ Iain MacMillan
Assistant General Counsel
Sonia R. Carvalho
City Attorney
Amendment No. 3 to 22-1002720 3
Amendment No. 3 to 22-1002720 4
Amendment No. 3 to Cooperative Agreement 22-1002720
Attachment A.3
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 $220,058 $180,007 $40,051
PS&E $545,214 $445,985 $99,229
ROW $0 $0 $0
Construction $9,203,492 $7,528,456 $1,675,036
SBCTA Oversight $200,000 $0 $200,000
TOTAL $10,168,764 $8,154,448 $2,014,316