19-1002193-02
AMENDMENT NO. 2 TO PROJECT FUNDING AGREEMENT 19-1002193 FOR
RIMROCK ROAD REHABILITATION PROJECT
(CITY OF BARSTOW)
THIS Amendment No. 2 to Project Funding Agreement 19-1002193 is made and entered into by and between the City of Barstow ("CITY") and the San Bernardino County Transportation Authority ("SBCTA"). SBCTA and CITY are each a “Party” and collectively “Parties”.
RECITALS
A. The Parties entered into Project Funding Agreement 19-1002193 (“Agreement”) on or about January 14, 2020, to fund the Rimrock Road Rehabilitation Project in the City of Barstow (“Project”) with an approved allocation of $749,000 of Measure I North Desert Subarea Major Local Highway Program (“MLHP”) funds; and
B. Amendment No. 1 to the Agreement, dated December 15, 2021, updated the Project milestone dates in Attachment A and extended the termination date to December 31, 2023; and C. The Project has been delayed, and the City is requesting an update to the Project milestone dates in Attachment A, and to extend the termination date of the Agreement from December 31, 2023, to December 31, 2025, consistent with the updated Project milestones.
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. Section III, Paragraph 8 is deleted in its entirety and replaced with the following:
“8. This Agreement will be considered terminated upon reimbursement of eligible costs by SBCTA or December 31, 2025, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5, 6, and 7 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 by CITY within twelve (12) months of the Effective Date of this Amendment No. 2.”
2. Attachment A attached to this Amendment No. 2 and incorporated herein, reflecting a change in Project milestones, shall replace Attachment A to Amendment No. 1 in its entirety.
3. Except as amended by this Amendment No. 2, all other terms and conditions of the Agreement, and amendments thereto, 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. 19-1002193-02
5. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
6. This Amendment No. 2 shall be effective on the date executed by SBCTA. -- SIGNATURES ON FOLLOWING PAGE --
19-1002193-02
IN WITNESS WHEREOF, SBCTA and CITY have executed this Amendment No. 2 below.
SAN BERNARDINO COUNTY CITY OF BARSTOW
TRANSPORTATION AUTHORITY
By: _________________________________ By: _______________________________ Raymond W. Wolfe, Ph.D. Willie A. Hopkins, Jr.
Executive Director City Manager
Date: ________________________________ Date: ______________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
By: __________________________________ By: _________________________________ Julianna K. Tillquist Matthew Summers
SBCTA General Counsel City Attorney
Date: _________________________________ Date: _______________________________ 19-1002193-02
ATTACHMENT A
RIMROCK ROAD REHABILITATION PROJECT
Revised Description of Project and Milestones
Project Title
Rimrock Road Rehabilitation Project from Barstow Road to Avenue H Location, Project Limits, Description, Scope of Work, Legislative Description The City of Barstow proposes to remove and replace pavement, or cold plane and overlay pavement, on Rimrock Road from Barstow to Avenue H. The project also includes striping, markings and possible improvement to drainage.
Project Milestone Proposed
Project Study Report Approved
Begin Environmental (PA&ED) Phase 2/2/2024
Circulate Draft Environmental Document 4/9/2024
Draft Project Report 5/25/2024
End Environmental Phase (PA&ED Milestone) 6/29/2024
Begin Design (PS&E) Phase 7/2/2024
End Design Phase (Ready to List for Advertisement Milestone) 10/12/2024 Begin Right of Way Phase 7/2/2024
End Right of Way Phase (Right of Way Certification Milestone) 10/12/2024 Begin Construction Phase (Contract Award Milestone) 3/3/2025 End Construction Phase (Construction Contract Acceptance Milestone) 7/25/2025
Begin Closeout Phase 8/4/2025
End Closeout Phase (Closeout Report) 11/28/2025