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HomeMy WebLinkAboutContracts & Agreements_184-2024RECEIVED AMENDMENT NO.3 .Redlands City Clerk 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. 3 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 Interstate 10 (I-10) Alabama Street Improvement Project in the City of Redlands (PROJECT); and B. AUTHORITY and CITY entered into Amendment No. I on August 17, 2020 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; and C. AUTHORITY and CITY entered into Amendment No. 2 on October 25, 2022 to extend the AGREEMENT termination date from December 31, 2022 to December 31, 2024 and to update the Project schedule; and D. PARTIES now desire to amend the AGREEMENT to extend the AGREEMENT termination date to December 31, 2028 and to update the Project schedule to cover the four-year extended landscape maintenance period as well as the closeout activities for the Project. 17-1001603-2 IT IS THEREFORE MUTUALLY AGREED TO AMEND THE AGREEMENT AS FOLLOWS: 1. Section I. B of the AGREEMENT is amended in its entirety to read as follows: "This Agreement shall terminate upon completion of the AUTHORITY's management of the planning, environmental, design, right of way (to include both ROW acquisition and utility relocation work) and construction, or December 31, 2028, whichever is earlier in time, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid." 2. The Project Schedule in Attachment A to the AGREEMENT is amended and replaced in its entirety with the Project Schedule in Attachment A to this AMENDMENT No. 3, incorporated by this reference. 3. Except as amended by this AMENDMENT No. 3, all other provisions of the AGREEMENT, including all previous amendments, shall remain in full force and effect and are incorporated herein by this reference 4. The Recitals set forth above are incorporated herein by this reference. 5. This AMENDMENT No. 3 is effective upon execution by AUTHORITY. --------------------------SIGNATURES ON FOLLOWING 2 17-1001603-3 SIGNATURE PAGE TO AMENDMENT NO.3 TO COOPERATIVE AGREEMENT NO. 17-1001603 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY and CITY OF REDLANDS SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY OF REDLANDS By: B Rayrij6nd W. Vdfe Executive Director Date: Date: 16 APPROVED AS TO FORM APPROVED AS TO FORM AND PROCEDURE: By*unn By: K. Tillquist !�l �r� Y e Abich Garcia General Counsel City Attorney ATTEST: anne Donaldson City Clerk 17-1001603-3 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* Public Share** DIF Caltrans FCO*** Planning, $1,920,600 $950,697 $969,903 $0 Environmental, Design, and Right- of-way Construction $1,500,000 $742,500 $757,500 $0 Management Construction Capital $10,900,000 $4,776,750 $4,873,250 $1,250,000 Landscape $500,000 $247,500 $252,500 $0 Maintenance EEP Project Management $330,000 $0 1 $330,000 1 $0 $15,150,600 $6,717,447 1$7,183,153 1$1,250,000 *Project Cost is based on 2019's Authority's Estimate At Completion and 65% Engineer's Estimate **Public Share will be funded with Measure I Valley Freeway Interchange fund ***Caltrans 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 2019 PS&E Approval June 2021 Construction Contract Award (September 2021 Complete for Beneficial Use December 2022 Project Close -Out September 2028 17-1001603-3