15-1001119-05 Page 1 of 4
AMENDMENT NO. 5 TO PROJECT FUNDING 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. 5 to Project Funding Agreement 15-1001119 (“AGREEMENT”) 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” or collectively “Parties.”
RECITALS
A. The Measure I 2010-2040 Expenditure Plan and the North Desert Subarea transportation planning partners have identified projects eligible for partial funding from Measure I 2010- 2040 Victor Valley Subarea Major Local Highway Program (“MLHP”) funds; and B. The Parties entered into AGREEMENT on or about March 4, 2015, to fund the North First Avenue Overhead Bridge Over the BNSF Railroad Bridge No. 54C-0088 (“PROJECT”); and C. The Parties entered into Amendment No. 1 to AGREEMENT on or about July 10, 2019, to allocate additional funding to the PROJECT; and
D. The Parties entered into Amendment No. 2 to AGREEMENT on or about March 4, 2020, to add SBCTA Project Management services to the scope of the PROJECT; and E. 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
F. The Parties entered into Amendment No. 3 to AGREEMENT on or about September 2, 2020, to remove the Construction phase and revise the project funding for the PROJECT; and G. The Parties entered into Amendment No. 4 to AGREEMENT on or about August 3, 2022, to revise the project funding for the PROJECT and to extend the termination date to July 31, 2025; and
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H. CITY has identified a need for an additional $1,607,411 in reimbursable funding to fully fund the PROJECT; and
I. CITY has requested updates to Attachment A: Description of Project and Milestones and Attachment B: Summary of Estimated Costs; and
J. CITY has requested an extension of the Agreement termination date to December 31, 2025.
NOW, THEREFORE, the Parties agree to the following:
1. Paragraph 1 of Section I is 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 $2,267,411 in North Desert Subarea MLHP funds, as shown in Attachment B.1. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment B.1; however, under no circumstance are the total combined SBCTA funds to exceed $2,267,411 without a written amendment to this Agreement signed by both Parties.”
2. Paragraph 2 of Section I is deleted in its entirety and replaced with the following:
“2. To reimburse CITY within 30 days after CITY submits an electronic copy of the signed invoices in the proper form covering those actual allowable PROJECT expenditures that were incurred by CITY up to a maximum of $2,267,411 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. Paragraph 2 of Section II is 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 $2,267,411 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. Paragraph 7 of Section III is deleted in its entirety and replaced with the following:
“7. This AGREEMENT will be considered terminated upon reimbursement of all 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 and 6 of Section III, shall survive the termination of this AGREEMENT.”
5. Attachment A to the Agreement is replaced with the Revised Description of Project and Milestones attached as Attachment A.1 to this Amendment No. 5 and incorporated herein. 15-1001119-05 Page 3 of 4
6. Attachment B to the Agreement is replaced with the Revised Summary of Estimated Costs attached as Attachment B.1 to this Amendment No. 5 and incorporated herein.
7. Except as amended by this Amendment No. 5, all other terms and conditions of the Agreement shall remain in full force and effect and are incorporated herein by this reference.
8. The Recitals set forth above are incorporated herein by this reference.
9. This Amendment No. 5 may be signed in counterparts, each of which shall constitute an original, and may be signed and transmitted with electronic signatures which shall be binding on the Party.
10. This Amendment No. 5 shall be effective on the date executed by SBCTA. ---SIGNATURES ON FOLLOWING PAGE---
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IN WITNESS WHEREOF, the Parties have executed this Amendment No. 5 by their authorized signatories below.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By: _________________________
Ray Marquez, President
Board of Directors
Date: _________________________
APPROVED AS TO FORM
By: _________________________
Julianna K. Tillquist
SBCTA General Counsel
Date: _________________________
CITY OF BARSTOW
By: _________________________
Timothy R. Silva
Mayor
Date: _________________________
APPROVED AS TO FORM
By: _________________________
Matthew Summers
City Attorney
Date: _________________________
ATTEST:
By: _________________________
Andrea Flores
City Clerk
Date: _________________________