19-1002226-1 Page 1 of 4
AMENDMENT NO. 1 TO AGREEMENT NO. 19-1002226
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF BARSTOW
FOR
THE CONSTRUCTION PHASE OF THE NORTH FIRST AVENUE BRIDGE
OVER BURLINGTON NORTHERN SANTA FE (BNSF) IN THE CITY OF BARSTOW This Amendment No. 1 (“Amendment”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Barstow (“CITY”).
SBCTA and CITY are each a “Party” and are collectively the “Parties.”
RECITALS
A. The Parties entered into Cooperative Agreement No. 19-1002226 (“Agreement”) on September 8, 2020, to delineate roles, responsibilities, and funding commitments for the Construction phase of the NORTH FIRST AVENUE BRIDGE OVER BURLINGTON NORTHERN SANTA FE (BNSF) IN THE CITY OF BARSTOW (“PROJECT”); and
B. The Parties now desire to amend the Agreement to revise the project funding for the Construction phase of the PROJECT based on the updated engineer’s estimate and available funding sources.
NOW, THEREFORE, SBCTA and CITY agree to amend the Agreement as follows:
SECTION 1
1. Section I, Paragraph L, is hereby deleted amended in its entirety and replaced with the followingto read as follows:
A. “L. To contribute towards the Construction Cost of the Project in an amount not to exceed $4,949,000 217 in North Desert Subarea MLHP Funds, 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 circumstance are the total combined SBCTA funds to Commented [CH[U1]: Updated based on revised funding
table
19-1002226-1 Page 2 of 4
exceed $4,949,000 217 without a written amendment to this Agreement signed by both Parties.”
2. Section II, Paragraph H, is hereby deleted amended in its entirety and replaced with the followingto read as follows:
“To reimburse SBCTA for the Construction capital cost of $2,894,000 from the CPUC/Section 190 funds, and actual costs incurred for Project Management as required per Measure I Strategic Plan Policy 40017 MDMLH-22 in an estimated amount of $500,000 (CITY FUNDS) as shown in Attachment A. In addition, to be responsible for 100% of any Ineligible Expenditures under Measure I Strategic Plan Policy 40017 MDMLH-20 that are requested by the CITY in an estimated amount of $158,000 (CITY FUNDS) as shown in Attachment A. This would include betterments such as architectural aesthetic treatments that are deemed non-participating by the Caltrans District Local Assistance Engineer or the Highway Bridge Program. However, under no circumstance are the total combined CITY FUNDS to exceed $3,552,000 without a written amendment to this Agreement signed by both Parties. It is understood that the ineligible expenditures requested by CITY will be bid as an additive alternate in the contract documents. It is also understood that these ineligible expenditures are based on the availability of grant funds that have not be allocated. Therefore, if the funds are not allocated by the time of the award of construction, these requested ineligible expenditures will be omitted from the contract documents as an additive alternate. The City will bear the cost to modified contract documents for the additive alternates as part of their contract with the bridge consultant.”
3. Attachment A to the Agreement is amended in its entirety as reflected by Attachment A to this Amendment.
4. The Recitals set forth above are incorporated herein by this reference.
5. Except as amended by this Amendment, all other provisions of the Agreement shall remain in full force and effect.
6. This Amendment is deemed to be included and made part of the Agreement.
7. This Amendment is effective upon execution by SBCTA. --- SIGNATURES ON NEXT PAGE ---
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IN WITNESS WHEREOF, the Parties have executed this Amendment below:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY CITY OF BARSTOW
By: ________________________ By: ________________________ Curt Hagman, President
Board of Directors City Manager
Date: ________________________ Date: ________________________
APPROVED AS TO FORM APPROVED AS TO FORM
By: ________________________ By: ______________________ Julianna K. TillquistJuanda L. Daniel
SBCTA Assistant General Counsel CITY Attorney
Date: ________________________
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ATTACHMENT A
PROJECT DESCRIPTION
The CITY and SBCTA propose to remove and replace the existing North First Avenue Bridge over the BNSF Railway. It is intended that the CITY serves as the implementing agency for the Environmental Clearance, Design and ROW phases and SBCTA serves as the implementing agency for Construction Phase.
PROJECT FUNDING TABLE
Phase Total Cost
Federal Highway
Bridge Program
Funds
SBCTA Funds1
Measure I
Major Local
Highway
Projects Funds
LBSRA1LBSRA2 City
Funds2Funds3
CONSTRUCTION $61,949,000 $53,643,000642,681 $4,949,000217 $305,000102 $3,052,000
PROJECT
MANAGEMENT $500,000 0 0 0 $500,000
Total $62,449,000 $53,643,000642,681 $4,949,000217 $305,000102 $3,552,000 1 SBCTA Funds can be from sources under control of SBCTA including but not limited to Measure I Major/Local Highway program, or other funds without necessitating an amendment of this Agreement 1 2 LBSRA – Proposition 1B Local Bridge Seismic Retrofit Account funds administered through California Transportation Commission
2 3 City Funds include $2,894,000 CPUC/Section 190 Funds, $500,000 estimated Project Management costs and $158,000 Betterments. Per Measure I Strategic Plan Policy 40017 MDMLH-20 & 22, City is responsible for 100% of actual Project Management costs and any Ineligible Expenditures that are requested by the CITY.
Formatted: Superscript
Commented [CH[U2]: Update funding table to reflect the
whole number of the LBSRA funds.