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HomeMy WebLinkAbout11-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution approving a Supplemental Agreement to the Overhead Agreement with Dept: Development Services Burlington Northern Santa Fe (BNSF) Railway Company, the County of San Date: May 8, 2007 Bernardino and the San Bernardino Associated Governments (SANBAG) for the University File Nos. 1.7324 Parkway Grade Separation Project (CIP SS04- 52). MCC Date: June 4,2007 Synopsis of Previous Council Action: 08/15/06 The Mayor and Common Council approved FY 2006-07 CIP Budget. 01/22/07 Resolution No. 2007-28 adopted approving Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway Company and County of San Bernardino and the San Bernardino Associated Governments (SANBAG) for the University Parkway Grade Separation Project. Recommended Motion: Adopt Resolution. Valerie C. Ross /C�sy 0007 / 7 / Contact Person: Mark Lancaster, Deputy Director/City Engineer Phone: 3305 Supporting data attached: Staff Report, Resolution Ward: 6 & Supplemental Agreement FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Finance: genda Item No. /�� CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving a Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway Company, the County of San Bernardino and the San Bernardino Associated Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SS04- 52). Background: The State Street/University Parkway grade separation project is one of two grade separation projects funded by AB 2928 within the City Limits. An Overhead Agreement for construction, operation and maintenance of the State Street/University Parkway grade separation was approved on January 22, 2007 between the City, Burlington Northern Santa Fe (BNSF) Railway Company, the County of San Bernardino and the San Bernardino Associated Governments (SANBAG). i Under terms of the Overhead Agreement, BNSF will make a 10% contribution towards the project upon completion of construction. Subsequent to the execution of the Overhead Agreement, SANBAG requested a change in the wording of Article V, Section 9. The purpose of the change is to establish I the amount of contribution by BNSF for construction of the project, based on the actual low bid. The City's obligation under terms of the Overhead Agreement consists of assuming responsibility for I maintenance and repair of the portion of the structure in the City Limits after completion of construction. That obligation remains unchanged by the proposed supplement A copy of the Supplemental Agreement, marked Exhibit"I", is attached to the Resolution. Staff recommends that the resolution approving the Supplemental Agreement be adopted. Financial Impact: None. Recommendation: Adopt Resolution. 2 05/10/2007 11:34 AM 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A SUPPLEMENTAL AGREEMENT TO THE 3 OVERHEAD AGREEMENT WITH BURLINGTON NORTHERN SANTA FE (BNSF) 4 RAILWAY COMPANY AND COUNTY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE UNIVERSITY 5 PARKWAY GRADE SEPARATION PROJECT (CIP SSO4-52). 6 WHEREAS, on January 22, 2007, the Mayor and Common Council adopted Resolution 7 No. 2007-28 approving an Overhead Agreement with Burlington Northern Santa Fe (BNSF) 8 Railway Company, the County of San Bernardino, and the San Bernardino Associated 9 10 m Governents (SANBAG) for the University Parkway Grade Separation Project (CIP SSO4-52), 11 and 12 WHEREAS, the San Bernardino Associated Governments (SANBAG) has requested 13 approval of a Supplemental Agreement to the Overhead Agreement. 14 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. The City Manager is hereby authorized and directed to execute the 17 Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe 18 (BNSF) Railway Company, the County of San Bernardino, and the San Bernardino Associated 19 Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SSO4-52), 20 attached and incorporated herein as Exhibit "I". 21 22 SECTION 2. The attached Supplemental Agreement to the Overhead Agreement and 23 any amendment or modifications thereto shall not take effect or become operative until fully 24 signed and executed by the parties and no party shall be obligated hereunder until the time of 25 such full execution. No oral agreements, amendments, modifications or waivers are intended or 26 authorized and shall not be implied from any act or course of conduct of any party. 27 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 28 within sixty (60) days of passage of the resolution. 1 RESOLUTION ... APPROVING A SUPPLEMENTAL AGREEMENT TO THE OVERHEAD AGREEMENT WITH BURLINGTON NORTHERN SANTA FE (BNSF) 2 RAILWAY COMPANY, THE COUNTY OF SAN BERNARDINO AND THE SAN 3 BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE UNIVERSITY PARKWAY GRADE SEPARATION PROJECT (CIP SSO4-52). 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 day of 2007, by the following vote, to wit: 8 ` Council Members: AYES NAYS ABSTAIN ABSENT 9 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 2007. 20 21 Patrick J. Morris, Mayor City of San Bernardino 22 Ap roved as to form: 23 24 rA ES F. PENMAN oy Attorney 25 26 27 28 L' EXHIBIT "1" SUPPLEMENTAL AGREEMENT BNSF File No. 026106V State Street/University Parkway Grade Separation U.S. D.O.T. No. 026106V This SUPPLEMENTAL AGREEMENT is executed to be effective as of this day of 2007 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"),the CITY OF SAN BERNARDINO, a body corporate and politic of the State of California ("CITY"), the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California ("COUNTY"),and the SAN BERNARDINO ASSOCIATED GOVERNMENTS, a body corporate and politic of the State of California, hereinafter referred to as("SANBAG"). RECITALS: BNSF, City, County and SANBAG are parties to an agreement "Overhead Agreement", dated January 9; 2007, identified in BNSF's records as BNSF Contract No. BF 1942, which covers the construction of the State Street/University Parkway Grade Separation over and across BNSF's "Rail Corridor" and tracks in the City and County of San Bernardino, California. The parties hereto are in agreement to the supplementing of the Overhead Agreement as follows: AGREEMENT IN CONSIDERATION of the premises, it is mutually agreed that the Overhead Agreement is hereby supplemented and amended as follows: 1. Article V, Section 9 of the Agreement is amended to read as follows: BNSF's share of the Estimated Cost, hereinafter referred to as "BNSF's Share", shall be an amount of$1,884,281. This amount shall constitute BNSF's contribution pursuant to applicable law towards project costs including Project construction costs. BNSF's share has been determined to be 10% of the calculated amount of the Project that is apportioned to BNSF being 69% of the Estimated Cost in the amount of$27,195,700. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. BNSF RAILWAY COMPANY By: Printed Name: Greg Fox Title: Vice President Engineering WITNESS: [Signatures continued next page] 1 Y� EXHIBIT"1" CITY Or SAN BERNARDINO By Fred Wilson Its City Manager APPROVED AS TO FORM: James F. Penman, City Attorney By: D l Lad COUNTY OF SAN BERNARDINO By Paul Biane,Chairman Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Dena Smith, Clerk of the Board of Supervisors By: Deputy APPROVED AS TO LEGAL FORM Charles Scolastico,County Counsel San Bernardino County, California By: Deputy Date: SAN BERNARDINO ASSOCIATED GOVERNMENTS By: Printed Name: Dennis Hansberger Title: President-Board of Directors APPROVED AS TO FORM: Jean-Rene Basle SANBAG Counsel State Street/Universi ty Overhead Su pp lement doc March 30,2007 2 2007-171 ' EXHIBIT"I" SUPPLEMENTAL AGREEMENT BNSF File No. 026106V O� OPY State Street/University Parkwa Grade Separation U.S. D.O.T.No. 026106V This SUPPLEMENTAL AGREEMENT is executed to be effective as of this day of 2007 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation("BNSF"),the CITY OF SAN BERNARDINO, a body corporate and politic of the State of California ("CITY"), the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California ("COUNTY"),and the SAN BERNARDINO ASSOCIATED GOVERNMENTS, a body corporate and politic of the State of California,hereinafter referred to as("SANBAG"). RECITALS: BNSF, City, County and SANBAG are parties to an agreement "Overhead Agreement", dated January 9, 2007, identified in BNSF's records as BNSF Contract No. BF 1942, which covers the construction of the State Street/University Parkway Grade Separation over and across BNSF's "Rail Corridor" and tracks in the City and County of San Bernardino, California. The parties hereto are in agreement to the supplementing of the Overhead Agreement as follows: AGREEMENT IN CONSIDERATION of the premises, it is mutually agreed that the Overhead Agreement is hereby supplemented and amended as follows: 1. Article V, Section 9 of the Agreement is amended to read as follows: BNSF's share of the Estimated Cost, hereinafter referred to as "BNSF's Share", shall be an amount of$1,884,281. This amount shall constitute BNSF's contribution pursuant to applicable law towards project costs including Project construction costs. BNSF's share has been determined to be 10% of the calculated amount of the Project that is apportioned to BNSF being 69% of the Estimated Cost in the amount of$27,195,700. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. BNSF RAILWAY COMPANY B : Y Printed Name: Greg Fox Title: Vice President Enizineering WITNESS: [Signatures continued next page I 2007-171 EXHIBIT"I" CITY OF SAN BERNARDINO By Fred Wilson Its City Manager APPROVED AS TO FORM: James F. Penman,City Attorney By: ...y .9. 4-" D 2-Oa COUNTY OF SAN BERNARDINO By Paul Biane,Chairman Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Dena Smith,Clerk of the Board of Supervisors By: Deputy APPROVED AS TO LEGAL FORM Charles Scolastico, County Counsel San Bernardino County,California By: Deputy Date: SAN BERNARDINO ASSOCIATED GOVERNMENTS By: Printed Name: Dennis Hansberger Title: President-Board of Directors APPROVED AS TO FORM: Jean-Rene Basle SANBAG Counsel State Street/University Overhead Supplement.doc March 30,2007 2 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: June 6, 2007 TO: Mark Lancaster, Development Services Deputy Director/City Engineer FROM: Sandra Medina, Assistant to the City Clerk RE: Transmitting Documents for Signature—Resolution 2007-171 At the Mayor and Common Council meeting of June 4, 2007, the City of San Bernardino adopted Resolution No. 2007-171 —Resolution of the Mayor and Common Council of the City of San Bernardino approving a Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway Company and County of San Bernardino and the San Bernardino Associated Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SSO4-52). Attached are one (1) original supplemental agreement and seven (7) duplicate original agreements between the City of San Bernardino, Burlington Northern Santa Fe Railway Company, the County of San Bernardino and the San Bernardino Associated Governments. Please obtain signatures in the appropriate locations and return the ORIGINAL supplemental agreement to Margaret Fedor in the City Clerk's Office as soon as possible. Please keep a fully executed copy for your records and for the other parties. Please be advised that the contract will be null and void if not executed within sixty (60) days, or by Friday,August 3, 2007. If you have any questions, please do not hesitate to contact Margaret Fedor at ext. 3206. Thank you. I hereby acknow ge receipt of the above mentioned documents. Signed: F&2�� r Please sign and return Date: C l0 SM/mf Q? RECEIVED-CITY CLE'�Y s R 2007 JUIN 20 [ 1 54 NfDtN� INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF BAN BERNARDINO TO: Fred Wilson, City Manager FROM: Henry Empeno, Jr., Senior Deputy City Attorney RE: Resolution 2007-171, Resolution Approving a Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway Company and County of San Bernardino and the San Bernardino Associated Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SSO4-52). Date: June 19, 2007 On June 4, 2007, the Mayor and Council adopted the above-referenced Resolution which authorizes the City Manager to execute the Supplemental Agreement (attached is a copy of Resolution 2007-171). Prior to the June 4, 2007 Council meeting, the City Engineer's office received four duplicate originals of the Supplemental Agreement from SANBAG, all previously executed by BNSF, the County and SANBAG. Unfortunately, the City Engineer's office did not notify the City Attorney's Office of the existence of these originals of the Supplemental Agreement until last ! week, well after the June 4, 2007 Council meeting. The Supplemental Agreement attached to Resolution 2007-171 differs from the original Supplemental Agreements previously executed by the other three parties in three respects: 1. Section 1 of the Supplemental Agreement, the amended version of Article V, Section 9 of the Agreement, was changed as follows: a. "Estimate Cost" was corrected to become"Estimated Cost" b. `BNSF.s Share" was corrected to become `BNSF's Share" EIMPEN00evelopment Services\Memo to Fred Wilson re Resolution 2007-171.wpd Page 2 RE: Resolution 2007-171, Resolution Approving a Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway Company and County of San Bernardino and the San Bernardino Associated Governments(SANBAG) for the University Parkway Grade Separation Project (CIP SSO4-52). June 19, 2007 2. The signature line for the City of San Bernardino was changed from"Patrick J. Morris, Mayor" to "Fred Wilson, City Manager." Attached please find the four duplicate originals of the Supplemental Agreement, previously executed by the three other parties, which are now ready for your signature. We have changed the signature line for the City of San Bernardino in the Supplemental Agreement to reflect the authorization and direction approved by the Mayor and Common Council in Resolution 2007-171. I spoke to Mr. Jean-Rene Basle, SANBAG Counsel and Deputy County Counsel, who approved our modification to the signature line for the City of San Bernardino. We have left unchanged Section 1 of the Supplemental Agreement, the amended version of Article V, Section 9 of the Agreement, because the differences, if corrected, would be clerical corrections which are non-substantive in nature. After you sign the four duplicate original Supplemental Agreements, please forward one original to the City Clerk's office and three originals to the City Engineer for transmittal to BNSF, the County and SANBAG. Very truly yours, —At &1/4 i Henry Empeno, Jr. Senior Deputy City Attorney cc: James F. Penman, City Attorney Rachel Clark, City Clerk Valerie Ross, Director, Development Services Mark Lancaster, Deputy Director/City Engineer, Development Services FAEMPENO\Development ServicesNemo to Fred Wilson re Resolution 2007-171.wpd 1 RESOLUTION NO. 2007-171 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A SUPPLEMENTAL AGREEMENT TO THE 3 OVERHEAD AGREEMENT WITH BURLINGTON NORTHERN SANTA FE (BNSF) 4 RAILWAY COMPANY AND COUNTY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE UNIVERSITY 5 PARKWAY GRADE SEPARATION PROJECT (CIP SSO4-52). 6 WHEREAS, on January 22, 2007, the Mayor and Common Council adopted Resolution 7 No. 2007-28 approving an Overhead Agreement with Burlington Northern Santa Fe (BNSF) 8 Railway Company, the County of San Bernardino, and the San Bernardino Associated 9 10 Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SSO4-52), 11 and 12 WHEREAS, the San Bernardino Associated Governments (SANBAG) has requested 13 approval of a Supplemental Agreement to the Overhead Agreement. 14 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. The City Manager is hereby authorized and directed to execute the 17 Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe 18 (BNSF) Railway Company, the County of San Bernardino, and the San Bernardino Associated 19 Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SSO4-52), 20 21 attached and incorporated herein as Exhibit "I". 22 SECTION 2. The attached Supplemental Agreement to the Overhead Agreement and 23 any amendment or modifications thereto shall not take effect or become operative until fully 24 signed and executed by the parties and no party shall be obligated hereunder until the time of 25 such full execution. No oral agreements, amendments, modifications or waivers are intended or 26 authorized and shall not be implied from any act or course of conduct of any party. 27 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 28 within sixty (60) days of passage of the resolution. 1 RESOLUTION ... APPROVING A SUPPLEMENTAL AGREEMENT TO THE OVERHEAD AGREEMENT WITH BURLINGTON NORTHERN SANTA FE (BNSF) 2 RAILWAY COMPANY, THE COUNTY OF SAN BERNARDINO AND THE SAN 3 BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE UNIVERSITY PARKWAY GRADE SEPARATION PROJECT (CIP SSO4-52). 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 6 Common Council of the City of San Bernardino at aregular meeting thereof, held on the4th 7 day of June 2007, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 11 BAXTER x 12 BRINKER x 13 DERRY x 14 KELLEY x 15 JOHNSON x 16 MC CAMMACK x 18 t4 City Clerk T� 19 The foregoing resolution is hereby approved this day of June ' 2007. 20 21 P�atrick J. Morris, City of San Bernardino 22 Ap roved as to form: 23 24 (qCy ES F. PENMAN Attorney 25 26 27 28 EXHIBIT "I SUPPLEMENTAL AGREEMENT BNSF File No. 026106V State Street/University Parkway Grade Separation U.S. D.O.T. No. 026106V This SUPPLEMENTAL AGREEMENT is executed to be effective as of this day of 2007 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation("BNSF"), the CITY OF SAN BERNARDINO, a body corporate and politic of the State of California ("CITY"), the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California I ("COUNTY"),and the SAN BERNARDINO ASSOCIATED GOVERNMENTS, a body corporate and politic of ( the State of California, hereinafter referred to as ("SANBAG"). RECITALS: BNSF, City, County and SANBAG are parties to an agreement "Overhead Agreement", dated January 9, 2007, identified in BNSF's records as BNSF Contract No. BF 1942, which covers the construction of the State Street/University Parkway Grade Separation over and across BNSF's "Rail Corridor" and tracks in the City and County of San Bernardino, California. The parties hereto are in agreement to the supplementing of the Overhead Agreement as follows: AGREEMENT IN CONSIDERATION of the premises, it is mutually agreed that the Overhead Agreement is hereby supplemented and amended as follows: 1. Article V, Section 9 of the Agreement is amended to read as follows: BNSF's share of the Estimated Cost, hereinafter referred to as "BNSF's Share", shall be an amount of$1,884,281. This amount shall constitute BNSF's contribution pursuant to applicable law towards project costs including Project construction costs. BNSF's share has been determined to be 10% of the calculated amount of the Project that is apportioned to BNSF being 69% of the Estimated Cost in the amount of$27,195,700. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. BNSF RAILWAY COMPANY By: Printed Name: Greg Fox Title: Vice President Engineering WITNESS: (Signatures continued next page I EXHIBIT "1" CITY OF SAN BERNARDINO By Fred Wilson Its City Manager APPROVED AS TO FORM: James F. Penman, City Attorney By: I - D COUNTY OF SAN BERNARDINO By Paul Biane,Chairman Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Dena Smith,Clerk of the Board of Supervisors By: Deputy APPROVED AS TO LEGAL FORM Charles Scolastico, County Counsel San Bernardino County, California By: Deputy Date: SAN BERNARDINO ASSOCIATED GOVERNMENTS By: Printed Name: Dennis Hansberger Title: President- Board of Directors APPROVED AS TO FORM: Jean-Rene Basle SANBAG Counsel State Street/University Overhead Supplement doc March 30,2007 2 e , . - SAN BAG San Bernardino Associated Governments Together Working 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Phone: (909) 884-8276 Fax: (909) 885-4407 Web: www.sanbag.ca.gov IF ■ San Bernardino County Transportation Commission a San Bernardino County Transportation Authority ■ San Bernardino County Congestion Management Agency ■ Service Authority for Freeway Emergencies May 24, 2007 Task No.: 871 Attention: Mark Lancaster, P.E. City of San Bernardino Address: 300 N. "D" Street, Third Floor San Bernardino, CA 92418 Subject: Supplemental CMA for State Street/University Parkway Grade Separation Attached is the following: < • 7 ! 1 4 Supplemental CMA for State Street/University Parkway Grade Separation Project Remarks: Mark, attached are 4 originals of the Supplemental Agreement for the State Street/University Parkway Grade Sep project. My understanding is that this is on your June 4th agenda for approval. Please let me know when they have been signed. You can keep one signed original and I will pick up the other 3 and distribute to the other parties. Let me know if you have any questions or need anything else. Thank you. By: Dennis Saylor, P.E (909) 889-8611 x132 cc: File 1020.1 w/o att. m1070523-das.doc JN 871 Cities of:Adelanto, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino,Twentynine Palms, Upland,Victorville,Yucaipa Towns of:Apple Valley,Yucca Valley County of San Bernardino t • SANBAG Contract No. R07151-01 by and between San Bernardino County Transportation Authority and BNSF Railway ompany for Construction and Maintenance Agreement for State Street/University Parkway Grade Separation FOR ACCOUNTING PURPOSES ONLY ® Payable Vendor Contract# Retention: ❑ Original ® Receivable Vendor ID ❑Yes % ® No ®Amendment Notes: Previous Amendments Total: $ Original Contract: $ 1,079,621 Previous Amendments Contingency Total: $ Contingency Amount: $ Current Amendment: $ 0.00 Current Amendment Contingency: $ 0.00 Contingency Amount requires specific authorization by Task Manager prior to release. Contract TOTAL 45 1,079,621 4o Please include funding allocation for the original contract or the amendment. Task Cost Code Funding Sources Grant ID Amounts 87109 5554 BNSF $1,884,281R 87107 5554 TCRP $ 160,000P 87108 5554 TCRP $444,660P 87109 5554 TCRP $200.000P Original Board Approved Contract Date: 1/3/07 Contract Start: 1/3/07 Contract End: 6/30/09 New Amend. Approval (Board) Date: 5/2/07 Amend. Start: 5/2/07 Amend. End: 6/30/09 If this is a multi-year contract/amendment, please allocate budget authority among approved budget authority and future fiscal yea r(s)-unbudgeted obligations: Approved Budget Fiscal Year: 06/07 Future Fiscal Year(s)— Authority 4 $ 160,000 Unbudgeted Obligation 4 $ 644,660 Is this consistent with the adopted budget? ®Yes ❑No If yes, which Task includes budget authority? 871 If no, has the budget amendment been submitted? ❑Yes ❑No CONTRACT MANAGEMENT Please mark an "X" next to all that apply: ® Intergovernmental ® Private ❑ Non-Local ❑ Local ❑ Partly Local Disadvantaged Business Enterprise: ®No ❑Yes % Task Manager: Darren Kettle ,/ Contract Manage l: Dennis Saylor /'�U7 // ,� �' s T k Manager n ture Dat Contract Matt g r Signature ate CZ hief Financial fficer Signature ate Filename:R0715101css-das.doc Form 28 06/06