15-1001119-4 Page 1 of 7
AMENDMENT NO. 4 TO AGREEMENT NO. 15-1001119
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF BARSTOW
FOR
NORTH FIRST AVENUE OVERHEAD BRIDGE OVER THE BNSF RAILROAD BRIDGE NO. 54C-0088
This Amendment No. 4 (“Amendment”) to the Project Funding Agreement 15-1001119 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 Project Funding Agreement 15-1001119 (“Agreement”) on or about March 4, 2015, to fund the NORTH FIRST AVENUE OVERHEAD BRIDGE OVER THE BNSF RAILROAD BRIDGE NO. 54C-0088 in the City of Barstow (“PROJECT”); and B. The Parties entered into Amendment No. 1 to Project Funding Agreement 15-1001119 on or about July 10, 2019, to allocate additional funding to the PROJECT; and C. The Parties entered into Amendment No. 2 to Project Funding Agreement 15-1001119 on or about March 4, 2020, to add SBCTA Project Management services to the scope of the PROJECT; and
D. The Parties entered into Agreement No. 19-1002226 on or about September 2, 2020, to delineate roles, responsibilities, and funding commitments relative to the Construction phase of the PROJECT; and
E. The Parties entered into Amendment No. 3 to Project Funding Agreement 15-1001119 on or about September 2, 2020, to remove the Construction phase and revise the project funding for the PROJECT; and
F. The Parties now desire to amend the Agreement to revise the project funding for the PROJECT based on the updated project estimate and available funding sources, and to extend the termination date of the Agreement to July 31, 2025, to cover the design support services during construction and as-built preparation during the closeout phase..
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NOW, THEREFORE, SBCTA and CITY agree to amend the Agreement as follows:
SECTION 1
1. Section I, Paragraph 1, is hereby deleted in its entirety and replaced with the following:
“1. To reimburse CITY for the actual cost of the PROJECT up to a maximum of $660,000 in North Desert Subarea MLHP Funds, as shown in Attachment B. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment B; however, under no circumstance are the total combined SBCTA funds to exceed $660,000 without a written amendment to this Agreement signed by both Parties.”
2. Section I, Paragraph 2, is hereby deleted in its entirety and replaced with the following:
“2. To reimburse CITY within 30 days after CITY submits an original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures that were incurred by CITY up to a maximum of $660,000 consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SBCTA as frequently as monthly.”
3. Section II, Paragraph 2, is hereby deleted in its entirety and replaced with the following:
“2. To be responsible for expending that portion of the eligible PROJECT expenses that are incurred by CITY, subject to reimbursement by SBCTA hereunder, for an amount not to exceed $660,000 in North Desert Subarea MLHP funds, and which are reimbursable by SBCTA in accordance with Section I, Paragraph 2. Expenses relative to time spent on the PROJECT by CITY are considered eligible PROJECT expenses and may be charged to the PROJECT funds subject to SBCTA’s guidelines.”
4. Section III, Paragraph 7, is hereby deleted in its entirety and replaced with the following:
“7. This Agreement will be considered terminated upon reimbursement of eligible costs by SBCTA or July 31, 2025, whichever is sooner, provided that the provisions of Paragraphs 6, 7, 8, 9 and 10 of Section II, and Paragraphs 5 and 6 of Section III, shall survive the termination of this Agreement. The Agreement may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT work described in Attachment A has not been initiated or let by CITY within twelve (12) months of the Effective Date of this Agreement.”
56. Attachment B to the Agreement is amended in its entirety as reflected by Attachment B to this Amendment.
67. The Recitals set forth above are incorporated herein by this reference. 15-1001119-4 Page 3 of 7
78. Except as amended by this Amendment, all other provisions of the Agreement, including all previous amendments, shall remain in full force and effect.
89. This Amendment is deemed to be included and made part of the Agreement.
9.10. 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. Tillquist
SBCTA General Counsel CITY Attorney
Date: ________________________
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ATTACHMENT A
NORTH FIRST AVENUE OVERHEAD BRIDGE OVER THE BNSF RAILROAD BRIDGE NO. 54C-0088
CITY OF BARSTOW
Description of Project and Milestones
Project Title
NORTH FIRST AVENUE OVERHEAD BRIDGE OVER THE BNSF RAILROAD BRIDGE NO. 54C-0088 Location, Project Limits, Description, Scope of Work, Legislative Description The North First Avenue Bridge over BNSF railway UPRR AMTRAK is located 0.2 miles north of Main Street. The project limits are approximately from White Street to Riverside Drive. North First Avenue Bridge is the main north-south corridor connecting then northern and southern communities of the City of Barstow. Currently, the bridge has only two lanes, no shoulder, and only a 4’ clear walkway on one side of the existing bridge and a Sufficiency Rating (SR) of 3.0.
The replacement bridge is proposed to address the overall condition of the bridge and provide standard lanes, shoulders, and sidewalks.
Component Implementing Agency
PA&ED and PS&E City of Barstow
Right of Way City of Barstow
Construction SBCTA
Purpose and Need
As stated above, North First Avenue bridge is the main north-south corridor connecting the northern and southern communities of the City of Barstow. BNSF transcontinental railway and classification yard divides these two communities. Currently the existing bridge, initially built in 1930, is listed as structurally deficient in Caltrans Structure Maintenance & Investigation reports. This rating is due to its age, geometry, substandard vertical clearance. Barstow’s railroad classification yard is one of California’s major facilities. The replacement of the North First Avenue Bridge will greatly minimize any potential bridge failures which may have a negative impact on the transportation of goods on the transcontinental railway tracks. A bridge failure would also disconnect northern and southern communities of the City of Barstow.
Project Benefits
The replacement of the bridge would have the following benefits:
Keeps Barstow’s northern and southern communities connected. Keeps transportation goods moving from the west coast to middle eastern United States. Provides for a safe transportation route.
Provides alternate transportation methods such as walking and bicycling.
Project Milestone Proposed/(Completed)
Preliminary Environmental Study (PES) Approved (04/09/2014) Begin Environmental (PA&ED) Phase (04/10/2014)
Draft Environmental Document Document Type CE (10/03/2015) Begin Draft Project Report (01/05/2015)
End Environmental Phase (PA&ED Milestone) (12/04/2015)
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Begin Preliminary Engineering 30% Design (PS&E) Phase (09/05/2015) End Design Phase (Ready to List for Advertisement Milestone) (02/28/2022) Begin Right of Way Phase (10/12/2016)
End Right of Way Phase (Right of Way Certification Milestone) (02/18/2022) Begin Construction Phase (Contract Award Milestone) 07/15/2022 End Construction Phase (Construction Contract Acceptance Milestone) 07/31/2024 Begin Closeout Phase 08/01/2024
End Closeout Phase (Closeout Report) 07/31/2025
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ATTACHMENT B
NORTH FIRST AVENUE OVERHEAD BRIDGE OVER THE BNSF RAILROAD BRIDGE NO. 54C-0088
CITY OF BARSTOW
Summary of Estimated Costs and Funding
Phase Total Cost
Federal Highway
Bridge Program
Funds
AUTHORITY’s
Share*
MLHP Funds
CPUC/Section
190 Funds
Repurposed
Earmark
City Local
Funds
PS&E $4,610,000 $3,917,000 $529,000 0 0 $164,000
ROW $15,000,000 $10,172,000 $131,000 $2,106,000 $2,591,000 0 Project
Support $50,000 0 $50,000 0 0 0
Total $19,660,000 $14,089,000 $710,000 $2,106,000 $2,591,000 $164,000 * AUTHORITY’s Share can be from sources under control of AUTHORITY including but not limited to Measure I Major/Local Highway program, State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this Agreement,