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2017/10/03 Riverside, County Amendment 1, Cooperateive Agreement by and between Riverside County and City of Menifee and City of Murrieta for Scott Road Interstate 215 Interchange ImprovementsScott Road/1-215 Cooperative Agreement I 1 AMENDMENT1 2 COOPERATIVE AGREEMENT BY AND BETWEEN i 3 RIVERSIDE COUNTY 4 AND 5 . CITY OF MENIFEE AND CITY OF MURRIETA 6 FOR 7 SCOTT ROADIINTERSTATE 215 INTERCHANGE IMPROVEMENTS L'' 9 1 This Amendment 1 (hereinafter "Amendment") to a Cooperative Agreement ("Agreement") is entered into this 10 day of OCTE9136-l"' 2017, by and between the County of Riverside, a political subdivision of the State 11 of California, (hereinafter "COUNTY'), the City of Menifee, a municipal corporation (hereinafter "MENIFEE"), and 12 the City of Murrieta, a municipal corporation (hereinafter "MURRIETA"), for the provision of certain activities related i 13 I to construction of the Interchange overcrossing and ramp improvements located at the intersection of Scott Road 14 and Interstate 215 (1-215 Interchange" or "Interchange"), (herein after "PROJECT"), currently located within the 15 jurisdictional boundaries of MENIFEE and MURRIETA. 16 17 18 19 20 21 f 22 23 24 25 26 27 28 RECITALS A. On December 10, 2013, the COUNTY, MENIFEE and MURRIETA entered into an agreement titled "Cooperative Agreement By and Between Riverside County and City of Menifee and City of Murrieta for Scott Road/Interstate 215 Interchange Improvements." The Agreement provides the terms and conditions, scope of work, and budget for completing the overall development of the Environmental. Design and Right -of -Way acquisition phases of the PROJECT B. The COUNTY, MENIFEE, and MURRIETA now desire to amend the Agreement to designate the COUNTY as Lead Agency for the overall development and implementation of the Bidding and Construction phases of the PROJECT. The COUNTY has extensive experience in the development and implementation of interchange projects involving Federal and State agencies. Keeping the COUNTY as the lead will facilitate continuity in the development and implementation of the PROJECT. The COUNTY will therefore provide the administrative, technical, managerial, and support services necessary to complete the construction of the PROJECT. 1 SCAN 0 OCT 03 2017 3.1 Scott Road/I-215 Cooperative Agreement 1 C. The COUNTY, MENIFEE and MURRIETA desire to amend the Agreement to include and to define the terms 2 and conditions under which said project is to be administered, engineered, coordinated, managed, constructed, 3 maintained, and financed, and to amend the Agreement including changes to Project costs and funding as 4 provided in Exhibit D. 5 D. The COUNTY, MENIFEE and MURRIETA desire to also amend Exhibit D to reflect the change to Project costs 6 and funding, a copy of which is amended herein and attached hereto as Exhibit D. 7 8 AGREEMENT 9 NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows. 10 11 1. SECTION 1, subsection 8, the following paragraph is amended as follows: 12 8. Nothing in this agreement is intended to commit the COUNTY to funding any portion of the PROJECT beyond 13 the funds available as shown in Exhibit D, attached hereto and incorporated by this reference, or shall be 14 construed as obligating the COUNTY to provide replacement funding or to continue with the PROJECT, if funds 15 are no longer available. 16 a. The Funding Summary, attached as Exhibit D, includes construction funding in the amount of $2,000,000 17 to be paid by Developer Fees, The La Ventana Ranch Development (TR 36785) is in the early stages of 18 development and is conditioned to contribute $2,000,000 to the County towards the construction of the I- 19 215/Scott Road interchange project. In order to advance the interchange project to construction, the COUNTY 20 has agreed to advance $2,000,000.00 for the construction phase of the project in advance of receiving 21 $2,000,000.00 in developer funds. 22 b. The Project funding includes an allocation of $15 million in WRCOG Transportation Uniform Mitigation 23 Funds (TUMF). This funding is subject to approval of the 2017 Nexus Study. COUNTY will invoice WRCOG 24 directly for reimbursement of construction costs. 25 2. SECTION 1, the following paragraphs are added: 26 11. To advertise, award and administer a public works contract for the construction of the PROJECT in 27 accordance with the Local Agency Public Construction Act, Federal Regulations, the California Labor Code, 28 STATE requirements and in accordance with the encroachment permits to be issued by STATE, MENIFEE and 2 Scott Road/1-215 Cooperative Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MURRIETA at a later date. 12. Nothing in this agreement is intended to commit the COUNTY to funding any portion of the PROJECT beyond the funds available as shown in Exhibit D, as amended herein and attached hereto and incorporated by this reference, or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the PROJECT, if funds are no longer available. 13. To cause the COUNTY's contractor to maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name both MENIFEE and MURRIETA, and both of their officers, agents and employees as additionally insured. The COUNTY shall also require the COUNTY's contractor to maintain Worker's Compensation Insurance. 3. SECTION 2, subsection 2, the following paragraph is amended as follows: 2. To pay COUNTY within 45 calendar days of receipt of COUNTY's monthly billings for the actual expenditures for that month , and to continue making such payments on a monthly basis until completion of construction of the PROJECT. 4. SECTION 2, the following paragraphs are added: 6. To fund the bidding, construction and construction management and support costs necessary to construct PROJECT improvements. The estimated costs for the project are provided in Exhibit D. MENIFEE agrees should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit D (as amended and incorporated herein), MENIFEE will in good faith work with the COUNTY to amend this Agreement to include any such costs under this Agreement. MENIFEE has been an active participant in the progression of the PROJECT, including reviewing PROJECT documents and participating in periodic PROJECT meetings. As such, MENIFEE will continue to review and provide input on the PROJECT documents and provide or withhold consent as it relates to the construction costs (1) prior to COUNTY advertising the call for bids for the construction of the PROJECT and (2) prior to the award of the construction contract and the construction management contract (the "Contracts"). City shall provide or withhold consent to award the Contracts within fourteen (14) business days of receipt of the Contracts from COUNTY before the Contracts 3 Scott Road/I-215 Cooperative Agreement 1 will be awarded by the COUNTY. With regard to change orders and other events that cause an increase in 2 approved construction costs, MENIFEE and the COUNTY shall abide by the following procedures; (1) 3 COUNTY shall advise CITY of all construction cost increases within five (5) business days of becoming aware 4 of such increases, (2) COUNTY shall have authority to approve all such increases to the extent they are within 5 the established contingency amount for PROJECT, such that the total PROJECT costs remain at or below the 6 total amount shown on Exhibit D, (3) for construction cost increases of fifty thousand dollars ($50,000) or less 7 which nevertheless cause total PROJECT costs to exceed the contingency amount, CITY consent to the 8 construction cost increase shall be required and shall be granted or withheld by the CITY's City Manager; 9 provided however, that CITY's City Manager shall respond to any written requested increase in funding within 10 ten (10) business days of CITY's receipt of such writing (City's failure to issue a timely response shall constitute 11 a deemed approval of the request), (4) for (i) single construction cost increases of more than fifty thousand 12 dollars ($50,000) which nevertheless cause total PROJECT costs to exceed the contingency amount, and/or 13 (ii) cumulative construction cost increases which cause the total PROJECT costs to exceed one hundred and 14 fifty thousand dollars ($150,000) above the contingency amount, CITY consent to the construction cost increase 15 shall be required and shall be granted or withheld by the CITY's City Council by action taken at the next regular 16 City Council meeting, following receipt of the request, at which the matter can legally be agendized; provided 17 however, that CITY's City Manager shall provide notice of the City Council's action on the funding request within 18 2 business days following the City Council action on the request (City's failure to issue a timely response shall 19 constitute a deemed approval of the request), and (5) notwithstanding the foregoing, in emergency 20 circumstances where obtaining City consent as specified above is not reasonably feasible, COUNTY may 21 approve such funding increases are reasonably necessary to protect the public health, safety, and 22 welfare. Notwithstanding any of the foregoing, for the sake of efficiency and managing the PROJECT (including 23 management of the costs), MENIFEE acknowledges that COUNTY remains the single point of contact for any 24 contractors or consultants hired to design, implement and construct the PROJECT, 25 7. To deposit with COUNTY, within 30 days of receipt of invoice from COUNTY, the sum of $3,000,000. The 26 deposit will be used to maintain a cash flow to provide timely payments to the construction contractor. 27 8. To issue, at no cost to COUNTY or its consultants and contractors, upon proper application by the COUNTY 28 or COUNTY`s consultants or contractors, an encroachment permit authorizing entry onto MENIFEE's right-of- 4 Scott Road/1-215 Cooperative Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 way to perform construction, survey and other investigative activities required for Construction of the PROJECT. 9, To provide at no cost to the PROJECT, a representative to coordinate and assist the COUNTY's Resident Engineer during the construction of the PROJECT, and to verify facilities are constructed as required by this Agreement. 10. MENIFEE shall enter into a reimbursement agreement with WRCOG for Transportation Uniform Mitigation Funds (TUMF) as shown in Exhibit D. The agreement will allow for the COUNTY to invoice and be reimbursed by WRCOG directly. Nothing in this Agreement is intended to commit COUNTY to commence construction until the reimbursement agreement between MENIFEE and WRCOG is fully executed and the $15,000,000 in TUMF funds is obligated to the PROJECT." 5. SECTION 3, the following paragraphs are added: 5. To issue, at no cost to COUNTY or its consultants and contractors, upon proper application by the COUNTY or COUNTY's consultants or contractors, an encroachment permit authorizing entry onto MURRIETA's right-of- way to perform construction, survey and other investigative activities required for Construction of the PROJECT. 6. To provide at no cost to the COUNTY. MENIFEE, or the PROJECT, a representative to coordinate and assist the COUNTY's Resident Engineer during the construction of the PROJECT and to verify facilities are constructed as required by this Agreement. 6. SECTION 4, the following paragraph is amended as follows: 2. The total cost to complete the PROJECT including project administration, management, design completion and approval, right-of-way, environmental, construction, utilities and construction is estimated to be $57,823,000. 21, In light of the fact that this Agreement has been amended, any references to this Agreement found in this agreement shall be interpreted to refer to the Agreement as amended pursuant to Section 4(16) of this Agreement. Similarly, any reference to Exhibit D within this Agreement shall refer to the amended Exhibit D, which is attached to this amendment. IN WITNESS HEREOF, the parties hereto have caused this Amendment to the Agreement to be duly executed this day and year first written above. 5 APPROVALS COUNTY Approvals RECOMMENDED FOR APPROVAL: -- -- "'� Date&_t� PATRICIA ROMO Director of Transportation APPROVED AS TO FORM; Dated: 4 ►t d ®RGORY P PRIAMOS County Counsel APPROVAL BY THE AR OF SUPERVISORS 2017 t7l-�� ?AAV Gu NEE. PRINTED ME - airman, By County Board of Supervisors ATTEST: CITY OF MENIFEE Approvals APPROVED BY: ated: OCT 03 Z017 KECIA PER.IHEM Clerk of the Board of Supervisors (SEAL) ��A'X4� PRIN7Cn ME CITY MANAGER APPROVED AS TO FORM ATTEST: Dated: I-yt_ t ? Dated: 7-Ij -Ir Dated:-' 3 ( - k_1 COUNTY Approvals RECOMMENDED FOR APPROVAL: Dated: PATRICIA ROMO Director of Transportation APPROVED AS TO FORM: Dated: GREGORY P. PRIAMOS County Counsel APPROVALS APPROVAL BY THE BOARD OF SUPERVISORS Dated: PRINTE[7 NAME Chairman, Riverside County Board of Supervisors ATTEST: Dated: KECIA HARPER -THEM Clerk of the Board of Supervisors (SEAL) CITY OF MENIFEE Approvals APPROVED BY: Dated: PRINTED NAME CITY MANAGER CITY OF MURRIETA APPROVED BY: pj- L Dated: A 9 ' r VICINITY MAP Vicinity Map 79 71 H Dy W K.ilnan H Pa: N Not to Scale S. [in W Lake Lake Elsinore oi, mono nil �%7allr! 1(fiky Like Ganyan LOW Luke Reservoir Menifee S<" req Ek,1 R v Project Location 4 eA Wildomar MU to SA�Xlwlell Irrt Id!Hc�1er sir 7 '111140'1 'IS' ' " P r i n g s In Riverside County in the Cities of Murrieta and Menifee on Interstate 215 from 0.75 miles south (PM 14.8) to 0.65 miles north (PM 16.2) of the Scott Road Overcrossing VICINITY MAP Ty 3 Perris ' m Lake Elsinore an,: '"Wit Y II �liomand Ya!!ay l Wicc Rcscrroir Menifee projec I Location � County of Riverside j Scott Rd Scott Rd Wildb 7 oO Clint„ urridfo Hot Springs Rd f County of Riverside Nlurrlp Gp'oe 7emecuM In Riverside County in the Cities of Murrieta and Menifee on Interstate 215 from 0.75 miles south (PM R14.8) to 0.65 miles north (PM R16.2) of the Scott Road Overcrossing PHASE1IMPROVEMENTS PHASE 1 PROJECTS SCOTT RD /I-215 ru. 1-:;a1QlRa�10AR _ - �'. NAUN ROAR ` ------ — i• �, iIIM#I i R/w i ', � �k{4`iHflHfHiifHti'lif1C � � � ' :tu, u .• _1 M CITY OF �s,. YENIFEE �. LM. # ILNT PANT[ ELra PROP " L � R/w 1-218 SOUTHEOUNU 00 ± I ROPn'D� CITY OF MENIFEE orr1 I �i` w f'Y �� I 11/aW f r - ,I { r r if ��_.'��,■ .1 ��• _-„- -- t'.- NO SCALE I f + Y• PHASE 7 11lPROYEIfENTd RDP jet FC PROPOSED RETAINING WALLS --- - �^ EXISTING RIGHT OF WAY — — PROPOSED RIGHT OF WAY PROPOSED TCE k lr' OVE EXISTING RL;M.PS �EiJIIll��fl� n c m T rm i 0 0 0 a v z m n a z a m 0 0 z on Ai Z m p 3 n - 2 x ao zn ov m EXHIBIT D ESTIMATED PROJECT COSTS AND FUNDING SUMMARY ESTIMATED PHASE 1 PROJECT COSTS TASK Cost to Date Estimated cost to Total Com lete Environmental/Design $ 3,382,035 $ 2 010,965 $ 5,393,000 Right-of-way* $ 7,728,145 $ 1,421, 855 $ 9,150, 000 Construction (includes utilities & $ 0 $ 43,280,000 $ 43,280,000 contingency) I TOTAL I $ 11,110.180 $46,712,820.00 $57,823,000 *A portion of this cost estimate includes legal costs and fees incurred in connection with property acquisition. Project Phase Environmental/Design Construction FUNDING — SUMMARY Source Scott Road RBBD Developer Contributions Scott Road CFD 05-8 Scott Road CFD 05-8 City of Menifee City of Menifee Scott Road CFD 05-8' (Future) STP Local TUMF2 Developer Fees' Estimated — Contingent On Future CFD Bond Sale 2 Refer to Section 1, Paragraph 8.b.of this Agreement 3 Refer to Section 1, Paragraph 8.a. I Fund Amount $ 2,091,000 $ 2,018,000 $ 1,284,000 $ 4, 566, 000 $ 4,584,000 $ 14,280,000 $ 4,000,000 $ 8,000,000 $15,000,000 $2,000,000 Total $ 5,393,000 $ 9,150,000 $ 43,280,000