ATTACHMENT A
Amendment No. 3 to Project Funding
Agreement 19-1002193
Between the City of Barstow and San
Bernardino County Transportation
Authority (SBCTA)
Rimrock Road and Agarita Avenue
Rehabilition Project
19-1002193-03
AMENDMENT NO. 3 TO PROJECT FUNDING AGREEMENT 19-1002193 FOR
RIMROCK ROAD AND AGARITA AVENUE REHABILITATION PROJECT
(CITY OF BARSTOW)
THIS Amendment No. 3 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. Amendment No. 2 to the Agreement, dated December 15, 2023, updated the Project milestone dates in Attachment A and extended the termination date to December 31, 2025; and D. CITY wishes to expand the limits of the PROJECT, redefining PROJECT as Rimrock Road and Agarita Avenue Rehabilitation Project, and more accurately described in Attachment A:
Description of Project and Milestones; and
E. CITY has identified a need for an additional $2,915,274 in reimbursable funding to partially fund the PROJECT; and
F. CITY has requested updates to Attachment A: Description of Project and Milestones and Attachment B: Summary of Estimated Costs; and
G. The Project has been delayed, and CITY is requesting to extend the termination date of the Agreement from December 31, 2025, to June 30, 2027, consistent with the updated Project milestones.
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. Section I, Paragraph 1 is deleted in its entirety and replaced with the following:
“1. To reimburse CITY for the actual cost of the PROJECT WORK up to a maximum of $3,664,274 in MLHP funds. An estimate of costs for the PROJECT WORK is provided in Attachment B.3. SBCTA shall have no further responsibilities to provide any funding for the PROJECT WORK exceeding this amount unless an amendment to this Agreement is approved by the Parties.”
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2. Section I, Paragraph 2 is deleted in its entirety and replaced with the following:
“2. To reimburse CITY within thirty (30) days after CITY submits an electronic copy of the signed invoices in the proper form covering those actual allowable PROJECT WORK expenditures that were incurred by CITY up to a maximum amount identified in Section I, Paragraph 1 of this Agreement, 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 deleted in its entirety and replaced with the following:
“2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT WORK expenses for an amount not to exceed $3,664,274 in MLHP funds unless this Agreement is amended in writing to approve increasing PROJECT WORK costs.
Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2.
Additionally, expenses relative to time spent on the PROJECT WORK by CITY staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA' s guidelines.”
4. Section II, Paragraph 4 is deleted in its entirety and replaced with the following:
“4. To prepare and submit to SBCTA an electronic copy of signed invoices for reimbursement of eligible PROJECT WORK expenses. Invoices may be submitted to SBCTA as frequently as monthly.”
5. Paragraph 11 of Section II is added as follows:
“11. As an eligible PROJECT WORK expense, to post signs at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and CITY.”
6. Paragraph 12 of Section II is added as follows:
“12. To include in all contracts between CITY and any contractors for the Construction Phase of the PROJECT, the requirement that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractors for the PROJECT.”
7. Section III, Paragraph 8 is deleted in its entirety and replaced with the following:
“7. This Agreement will be considered terminated upon reimbursement of eligible costs by SBCTA or June 30, 2027, 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.3 has not been initiated by CITY within twelve (12) months of the Effective Date of this Amendment No. 3.”
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8. Attachment A to the Agreement is replaced with the Revised Description of Project and Milestones attached as Attachment A.3 to this Amendment No. 3 and incorporated herein.
All references to “Attachment A” in the Agreement are hereby replaced with “Attachment A.3”.
9. Attachment B to the Agreement is replaced with the Revised Description of Project and Milestones attached as Attachment B.3 to this Amendment No. 3 and incorporated herein.
All references to “Attachment B” in the Agreement are hereby replaced with “Attachment B.3”.
10. Except as amended by this Amendment No. 3, all other terms and conditions of the Agreement, as originally amended by prior amendments, shall remain in full force and effect and are incorporated herein by this reference.
11. The Recitals set forth above are incorporated herein by this reference.
12. This Amendment No. 3 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.
13. This Amendment No. 3 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. 3 by their authorized signatories below.
SAN BERNARDINO COUNTY CITY OF BARSTOW
TRANSPORTATION AUTHORITY
By: __________________________________ By: _______________________________ Rick Denison, President Timothy R. Silva
Board of Directors Mayor
Date: _________________________________ Date: ______________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _________________________________ By: _________________________________ Iain MacMillan Matthew Summers
SBCTA Assistant General Counsel City Attorney
Date: _________________________________ Date: _______________________________ : ATTEST
By: _________________________________
Andrea Flores
City Clerk
Date: _______________________________
19-1002193-03
ATTACHMENT A.3
RIMROCK ROAD AND AGARITA AVENUE REHABILITATION PROJECT
Revised Description of Project and Milestones
Project Title
Rimrock Road and Agarita Avenue Rehabilitation Project
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 Road to Avenue H and along Agarita Avenue from Cypress Drive to I-15.
The project also includes striping, markings, improvement to drainage along Rimrock Road and Agarita Avenue and the installation of Class IV Bike Lanes along Rimrock Road.
Project Milestone Proposed
Project Study Report Approved
Begin Environmental (PA/ED) Phase 8/1/2025
Circulate Draft Environmental Document 10/1/2025
Draft Project Report 12/31/2025
End Environmental Phase (PA/ED Milestone) 1/31/2026
Begin Design (PS&E) Phase 2/5/2026
End Design Phase (Ready to List for Advertisement Milestone) 5/1/2026 Begin Right of Way Phase 7/2/2026
End Right of Way Phase (Right of Way Certification Milestone) 10/12/2026 Begin Construction Phase (Contract Award Milestone) 3/3/2026 End Construction Phase (Construction Contract Acceptance Milestone) 7/25/2026 Begin Closeout Phase 8/4/2026
End Closeout Phase (Closeout Report) 11/28/2026
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ATTACHMENT B.3
RIMROCK ROAD AND AGARITA AVENUE REHABILITATION PROJECT
Revised Summary of Estimated Costs
Phase Total Cost SBCTA Funds (1) CITY Funds Unfunded (2) Project Approval and
Environmental
Documentation $0 $0 $0 $0
Plans, Specifications,
and Estimate $100,000 $100,000 $0 $0
Right of Way
$0 $0 $0 $0
Construction $4,564,274 $3,564,274 $0 $1,000,000
TOTAL $4,664,274 $3,664,274 $0 $1,000,000
Additional Notes:
1. SBCTA's Share can be from sources under control of SBCTA including but not limited to Measure I MLHP, State Transportation Improvement Program, Surface Transportation Program, or other funds without necessitating an amendment of this agreement. Funding can be moved between phases without necessitating an amendment of this agreement.
2. City intends to apply for grant opportunities to cover funding gap.