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2020/09/16 Transportation Uniform Mitigation Fee Program (TUMF) Amendment No. 1 to TUMF Program Agreement Bundy Canyon Road/Scott Road Widening from Sunset Road to Haun Road18-CN-MEN-1182 AMENDMENT NO. _1 TO TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT BUNDY CANYON ROAD/SCOTT ROAD WIDENING FROM SUNSET ROAD TO HAUN ROAD This Amendment No. 1_ to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. _1__”) is entered into this ______ day of _______________, 2020_, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and The City of Menifee (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.” RECITALS A. WRCOG and AGENCY have entered into an agreement titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated 7/17/2019 (“Agreement”). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the PA&ED Phase and PS&E Phase of the Bundy Canyon Road/Scott Road Widening from Sunset Road to Haun Road (hereinafter the “Project”). B. The Parties desire to amend the Agreement by allowing Right of Way identification costs to be included in the Scope of Work for the PS&E phase; while maintaining the original funding amount pursuant to Sections 6 and 33 of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: DocuSign Envelope ID: 37CEE2FE-F2F4-4F94-AB7A-5C2BBC1D4A4C September16 18-CN-MEN-1182 1. The Funding Amount contained in Section 2 of the Agreement is hereby not changed. However, the funding amount for PA&ED is being reduced and the amount of the reduction is being transferred into the PS&E phase. ” 2. The Funding Amount is within the Maximum TUMF Share. 3. The change in scope for this project is amended to include identification (but not acquisition) of needed right-of-way as part of the PS&E phase. 4. Exhibits “A-1” and “A-2” of the Agreement are hereby replaced in their entirety by Exhibits “A-1” and “A-2” of this Amendment No. __1_ , which are attached hereto and incorporated by reference. 5. The above-stated Recitals are hereby fully incorporated into this Amendment No. _1_ . 6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto. IN WITNESS WHEREOF, the Parties have caused this Amendment No. _1_ to be executed by their duly authorized representatives to be effective on the day and year first written above. DocuSign Envelope ID: 37CEE2FE-F2F4-4F94-AB7A-5C2BBC1D4A4C 18-CN-MEN-1182 WESTERN RIVERSIDE COUNCIL CITY OF MENIFEE OF GOVERNMENTS By: ______________________________ By: ______________________________ Rick Bishop, Executive Director Armando Villa, City Manager Approved to Form: Approved to Form: By: ______________________________ By: ______________________________ Steven C. DeBaun Jeffrey T. Melching, City Attorney General Counsel Attest: By: ______________________________ Sarah Manwaring, City Clerk DocuSign Envelope ID: 37CEE2FE-F2F4-4F94-AB7A-5C2BBC1D4A4C 18-CN-MEN-1182 Exhibit A SCOPE OF SERVICES 1.SCOPE OF WORK: The Scope of Work as contained in the original agreement shall remain intact and is amended to allow identification of needed right-of-way within the PS&E phase. In addition, the amounts included in table A-1 and A-2 are being amended (but not increased or decreased) to reflect current anticipated costs for the PA&ED Phase and PS&E Phase as follows: DocuSign Envelope ID: 37CEE2FE-F2F4-4F94-AB7A-5C2BBC1D4A4C 18-CN-MEN-1182 EXHIBIT “A-1” ESTIMATE OF COST Phase TUMF LOCAL TOTAL PA&ED $150,000 $150,000 PS&E $2,220,000 $240,000 $2,460,000 RIGHT OF WAY CONSTRUCTION TOTAL $2,370,000 $240,000 $2,610,000 DocuSign Envelope ID: 37CEE2FE-F2F4-4F94-AB7A-5C2BBC1D4A4C 18-CN-MEN-1182 EXHIBIT “A-2” PROJECT SCHEDULE TIMETABLE: 20323.00004\7854268.2 Phase Estimated Completion Date Estimated Cost Comments PA&ED August 2021 $150,000 In Process PS&E August 2021 $2,460,000 In Process RIGHT OF WAY February 2022 CONSTRUCTION July 2022 TOTAL DocuSign Envelope ID: 37CEE2FE-F2F4-4F94-AB7A-5C2BBC1D4A4C