HomeMy WebLinkAboutContracts & Agreements_99-2020AMENDMENT NO. 1
TO COOPERATIVE AGREEMENT NO. R14088
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 INTERCHANGE AT UNIVERSITY
STREET AND INTERSTATE 10 IN THE CITY OF REDLANDS
THIS AMENDMENT No. 1 (AMENDMENT) to the Cooperative Agreement No.
R14088 (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 February 5, 2014, to
delineate their respective roles, responsibilities, and funding commitments relative
to the Project Management, Planning, Environmental, PS&E, ROW and
Construction activities of the Interchange at University Street and Interstate 10 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 $5,200,000 which includes $100,000 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 $5,812,935 which includes
$345,000 for the AUTHORITY to provide project management services for the
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Planning, Environmental, PS&E, ROW, and Construction Phases of the
PROJECT; and
E. On November 14, 2019, the California Department of Transportation (Caltrans)
committed to make a financial contribution (FCO) in the amount of $500,000
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 $4,967,935,
which shall be funded with 17.9% Development Shares funds and 82.1% Public
Share funds, as defined by AUTHORITY's Nexus Study and the Measure I 2010-
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
PROJ ECT.
IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT
AS FOLLOWS:
1. Section III.0 of the AGREEMENT is amended in its entirety to read as follows:
To contribute towards the Planning, Environmental, PS&E, ROW, and
Construction phases of the PROJECT cost an amount not to exceed $4,078,675,
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 $4,078,675 without an
amendment to this Agreement.
2. Section III.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 $889,260
towards the Planning, Environmental, PS&E, ROW, and Construction phases of
the PROJECT cost and $345,000 for AUTHORITY project management for a
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total amount not to exceed $1,234,260, 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 $1,234,260 or AUTHORITY project management costs to
exceed $345,000 without an amendment to this Agreement.
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.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.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.
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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.
9. This AMENDMENT is deemed to be included and made part of the
AGREEMENT.
10. This AMENDMENT is effective upon execution by AUTHORITY.
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SIGNATURES ON FOLLOWING PAGE
4
SIGNATURE PAGE TO
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. R14088
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF REDLANDS
SAN BERNARDINO COUNTY CITY OF REDLANDS
TRANSPORTATION AUTHORITY
By:
Pre
Date:
Paul W. Foster
oard of Directors Mayor, City of Redlands
APPROVED AS TO FORM
By:
da L. Daniel
Assistant General Counsel
CONCURRENCE:
By:
Jeffe
Procu ent Manager
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Date:
/2 0
APPROVED AS TO FORM AND
PROCEDURE:
6/4/2020 By:
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Daniel McHugh
City Attorney
ATTEST:
e Donaldson
Clerk
Attachment A
PROJECT SCOPE
The PROJECT will improve the Interstate 10/University Street interchange ramps,
including intersection work, turning lanes and striping. It is anticipated that
AUTHORITY will be the lead on all phases of work.
PROJECT COST ESTIMATE AND FUNDING TABLE
Public Share: 82.1%
Nexus Development Impact Fee Share (DIF or "Local Share"): 17.9%
Local Jurisdictional Split of the DIF Share: Redlands 100%
Caltrans Financial Contribution (FCO): Lump Sum $500,000
Project Cost*
Public
Share**
DIF
Share
Caltrans
FCOA
Planning,
Environmental, Design,
and Right-of-way
$969,807
$796,212
$173,595
$0
Construction
Management
$488,128
$400,753
$87,375
$0
Construction
Capital***
$4,010,000
$2,881,710
$628,290
$500,000
Project Management
$345,000
$0
$345,000
$0
$5,812,935
$4,078,675
$1,234,260
$500,000
*Project Cost is based on 2020's Estimate At Completion and 100% Engineer's Estimate.
**Public Share will be funded with Measure I Valley Freeway Interchange funds.
***Construction Capital cost includes an estimate ofS380,000 for the full replacement of pavement
structure at University Street added based on Caltrans 100% review comment.
ACaltrans FCO will be available in fiscal year 2020/2021 upon execution of a separate cooperative
agreement between Authority and Caltrans
PROJECT SCHEDULE
Milestones
Estimated Completion Date (Actual)
Environmental Approval
(February 2017)
Design Approval
(December 2019)
Construction Contract Award
August 2020
Complete for Beneficial Use
October 2021
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