The URL can be used to link to this page

Home My WebLink AboutContracts & Agreements_125-2020AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO 17-1001603 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF REDLANDS FOR PLANNING, PROJECT REPORT AND ENVIRONMENTAL DOCUMENT, PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT-OF-WAY (ROW), AND CONSTRUCTION PHASES FOR THE ALABAMA STREET AND INTERSTATE 10 IN THE CITY OF REDLANDS THIS AMENDMENT No 1 (AMENDMENT) to the Cooperative Agreement No 17- 1001603 (AGREEMENT) is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as AUTHORITY) and the City of Redlands (hereinafter referred to as CITY) AUTHORITY and CITY may be referred to herein as a `PARTY" and collectively "PARTIES" RECITALS A AUTHORITY and CITY entered into the AGREEMENT on November 9, 2016, to delineate their respective roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW and Construction activities of the Alabama Street and Interstate 10 interchange in the City of Redlands (PROJECT), and B Pursuant to the AGREEMENT, AUTHORITY is the lead agency for the PROJECT and is responsible for the diligent undertaking and completion of the Planning, Environmental, PS&E, ROW, and Construction phases of the PROJECT, and C The AGREEMENT presently provides that the cost of the PROJECT is estimated at $10,968,000 which includes $330,000 for AUTHORITY to provide project management services for the Planning, Environmental, PS&E, ROW, and Construction phases of the PROJECT, and D The PROJECT is now estimated to cost a total of $15,150,600 which includes $330,000 for the AUTHORITY to provide project management services for the Planning, Environmental, PS&E, ROW, and Construction Phases of the PROJECT, and 17 1001603-1 L caudjm\Agrcemcnts\Amcndmcnt No 1 to SBCrA CiKtpera1i c Agreement 1 10 Mamma lntcrchange.doc jn E. On November 13, 2019, the California Department of Transportation (Ca!trans) committed to make a financial contribution (FCO) of $1,250,000 towards the construction of the eastbound off -ramp widening portion of the PROJECT, and F The remaining PROJECT cost, aside from AUTHORITY project management costs and the abovementioned Caltrans FCO, now is estimated at $13,570,600, which shall be funded with 50 5% Development Share funds and 49 5% Public Share funds, as defined by AUTHORITY's Nexus Study and the Measure 12010- 2040 Strategic Plan, and G The PARTIES desire to amend the AGREEMENT, and its Attachment A, to redefine their respective funding responsibilities based on the revised PROJECT costs and to provide a new, updated, estimated schedule for completion of the PROJECT IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT AS FOLLOWS: 1 Section III. C of the AGREEMENT is amended in its entirety to read as follows To contribute towards the Planning, Environmental, PS&E, ROW, Construction and Project Closeout phases of the PROJECT cost an amount not to exceed $6,717,447, as shown in Attachment A The actual cost of specific phase may ultimately vary from the estimates provided in Attachment A, however, under no circumstances is the total combined AUTHORITY contribution to exceed $6,717,447 without an amendment to this Agreement 2 Section 11I J of the AGREEMENT, is amended in its entirety to read as follows To provide CITY an opportunity to review and comment on the Planning, Environmental, PS&E, ROW, and Construction documents. For construction change orders, the construction change order documents submitted to AUTHORITY by contractors performing construction work on the PROJECT will be forwarded to CITY for review and comment 3 Section IV A of the AGREEMENT is amended in its entirety to read as follows. To reimburse AUTHORITY for the actual costs incurred estimated at $6,853,153 towards the Planning, Environmental, PS&E, ROW, Construction and Project Closeout phases of the PROJECT cost and $330,000 for AUTHORITY project management for a total amount not to exceed $7,183,153, as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, however, under no circumstances is the total combined CITY contribution to exceed $7,183,153 or AUTHORITY project management costs to exceed $330,000 without an amendment to this Agreement 17 1001603 1 4 Section IV of the AGREEMENT is amended by the addition of Subsection G which shall read as follows To provide permits, inspections, reviews, and oversight at no cost to AUTHORITY or to consultants and contractors contracted by AUTHORITY to work on the PROJECT 5 Section V.R of the AGREEMENT is amended in its entirety to read as follows Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section If to AUTHORITY If to CITY• Paula Beauchamp Director of Project Delivery 1170 West Third Street, Second Floor San Bernardino, CA 92410-1715 Telephone (909) 884-8276 City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityotredlands.org cityotredlands.org (909) 798-7531 6 Attachment A to the AGREEMENT is amended and replaced in its entirety with Attachment A to this AMENDMENT, which is attached to and made a part of this AMENDMENT 7 PARTIES understand that the PROJECT cost provided in this AMENDMENT is an estimate and there is a potential for cost increases or decreases If a cost increase becomes apparent, PARTIES agree to work in good faith to amend the AGREEMENT 8 All other terms and conditions of the AGREEMENT shall remain in full force and effect 3 17 1001603 1 9 This AMENDMENT is deemed to be Included and made part of the AGREEMENT 10 This AMENDMENT is effective upon execution by AUTHORITY 17 1001603 1 -SIGNATURES ON FOLLOWING PAGE 4 SIGNATURE PAGE TO AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO 17-1001603 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY and CITY OF REDLANDS SAN BERNARDINO COUNTY CITY OF REDLANDS TRANSPORTATION AUTHORITY By Darcy McNaboe President, Board of Directors Date Y aul W Foster Mayor, City of Redlands Date fcli 6 P APPROVED AS TO FORM APPROVED AS TO FORM By By Juanda L Daniel Da ie McHugh Assistant General Counsel City Attorney CONCURRENCE ATTEST By By Jeffery Hill Procurement Manager 5 17-1001603 1 Je/ e Donaldson ity Clerk Attachment A PROJECT DESCRIPTION The project funding is based on a design layout that adds two lanes each on the westbound and eastbound off -ramps, adds a northbound right -turn lane to eastbound on- ramp, and adds a southbound right -turn lane to the westbound on-ramp PROJECT FUNDING TABLE Public Share. 49 5% Nexus Development Impact Fee Share (DIF or "Local Share") 50 5% Caltrans Financial Contribution (FCO) Lump Sum $1,250,000 *Project Cost is based on 20I9's Authority's Estimate At Completion and 65% Engineer s Estimate **Public Shan. will be funded with MCasun, 1 Valley Fru.way Interchange fund ***Caltrans FCO will be available m fiscal year 2020:2021 upon execution of a separate cooperative agreement bctwcen Authority and Caltrans PROJECT SCHEDULE Milestones Project Cost* Public Share** DIF Caltrans FCO*** Planning, Environmental, Design, and Right- of-way $1,920,600 $950,697 $969,903 $0 Construction Manag.ement $1,500,000 $742,500 $757,500 $0 Construction Capital $10,900,000 $4,776,750 $4,873,250 $1,250,000 Landscape Maintenance (EEP) $500,000 $247,500 $252,500 $0 Project Management $330,000 $0 $330,000 $0 $15,150,600 56,717,447 $7,183,153 $1,250,000 *Project Cost is based on 20I9's Authority's Estimate At Completion and 65% Engineer s Estimate **Public Shan. will be funded with MCasun, 1 Valley Fru.way Interchange fund ***Caltrans FCO will be available m fiscal year 2020:2021 upon execution of a separate cooperative agreement bctwcen Authority and Caltrans PROJECT SCHEDULE Milestones Estimated Completion Date (Actual) Environmental Approval (February 2019) PS&E Approval December 2020 Construction Contract Award April 2021 Complete for Beneficial Use March 2022 6 17-1001603-1