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2024/01/17 WRCOG Amendment No. 3 to Transportation Uniform Mitigation Fee Program Agreement Holland Road / I-215 OverpassPA&ED PS&E ROW CON TOTAL KURT WILSON DEPUTY EXECUTIVE DIRECTOR: DATE: STEVEN DEBAUN CHIEF FINANCIAL OFFICER: DATE: AGENCY / DEVELOPER: DATE: APPROVAL: CHRIS GRAY EXECUTIVE DIRECTOR DATE: WRCOG STAFF REVIEW: DATE: CAMERON BROWN ANDREW RUIZ LEGAL COUNSEL REVIEW: DATE: REQUEST APPROVAL FOR TUMF REIMBURSEMENT AGREEMENT TYPE: Please sign when you have reviewed and approved of the attached agreement. EXECUTIVE COMMITTEE APPROVAL DATE: DATE: PROJECT TITLE: SCOPE OF WORK: REVIEW: AGENCY: AMOUNT: WRCOG STAFF:LEGAL COUNSEL:CITY STAFF: DocuSign Envelope ID: 1B6522FB-D74E-4336-85DE-59548C5EC15F 11,255,000.00 11/6/2023 0.000.00 18-CN-MEN-1181 Holland Road/I-215 Overpass Amendment 0.00 11,255,000.00 The City of Menifee has submitted a TUMF Reimbursement Agreement Amendment No. 3 for their 18-CN-MEN-1184- Holland Road/I-215 Overpass project. The original Reimbursement Agreement was signed into effect on March 30, 2023. The city has requested an increase in funding for the Construction phase of the project for the amount of one million dollars ($1,000,000). The project is not to exceed eleven million two hundred fifty-five thousand dollars and zero cents ($11,255,000). The Amendment was passed during WRCOG's November 2023 Executive meeting (November 6th, 2023). 12/12/2023 Third Amendment to Professional Services Agreement City of Menifee 12/12/2023 1/3/2024 1/9/2024 1/17/2024 1/17/2024 18-CN-MEN-1181 AMENDMENT NO. 3 TO TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT HOLLAND ROAD / I-215 OVERPASS This Amendment No. 3 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 3”) is entered into this ______ day of _______________, 2023, 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 numbered 18-CN-MEN- 1181 titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated 3/30/2020 (“Agreement”), Amendment 1 that is dated 11/17/2021, and Amendment 2 that is dated 10/19/2022 (“Amendments”). The Agreement and Amendments provide the terms and conditions, scope of work, schedule and funding amount for the CON (construction) Phase of the Holland Road / I-215 Overpass (hereinafter the “Project”). B. The Parties desire to amend the Agreement and Amendments by increasing the original construction 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: 1B6522FB-D74E-4336-85DE-59548C5EC15F 1/17/2024 18-CN-MEN-1181 1. The Funding Amount contained in Section 2 of the Agreement and additional funding amount in the Amendments is hereby increased by One Million Dollars ($1,000,000) for the construction phase of the project which includes the Holland Road segment from Antelope Road to Haun Road, for a total of Eleven Million Two Hundred Fifty-Five Thousand Dollars ($11,255,000). 2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share. 3. The change in scope for this project is amended to include acquisition of needed right-of-way. 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. 3, which are attached hereto and incorporated by reference. 5. The above-stated Recitals are hereby fully incorporated into this Amendment No. 3. 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. 3 to be executed by their duly authorized representatives to be effective on the day and year first written above. DocuSign Envelope ID: 1B6522FB-D74E-4336-85DE-59548C5EC15F 18-CN-MEN-1181 Rebekah Kramer, Acting City Manager WESTERN RIVERSIDE COUNCIL CITY OF MENIFEE OF GOVERNMENTS By: ______________________________ By: ______________________________ Dr. Kurt Wilson, Executive Director 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: 1B6522FB-D74E-4336-85DE-59548C5EC15F 12/14/2023 12/21/2023 1/3/2024 1/3/2024 1/17/2024 18-CN-MEN-1181 EXHIBIT “A” SCOPE OF WORK 1. SCOPE OF WORK: The Scope of Work as contained in the original agreement shall remain intact. The amounts included in table A-1 and A-2 are being increased as follows: DocuSign Envelope ID: 1B6522FB-D74E-4336-85DE-59548C5EC15F 18-CN-MEN-1181 EXHIBIT “A-1” ESTIMATE OF COST Phase TUMF LOCAL TOTAL PA&ED $ 800,000 $ 800,000 PS&E $ 1,538,190 $ 1,538,190 RIGHT OF WAY $3,110,000 $ 3,110,000 CONSTRUCTION $11,255,000 $18,517,421 $26,772,421 TOTAL $11,255,000 $23,965,611 $32,220,611 DocuSign Envelope ID: 1B6522FB-D74E-4336-85DE-59548C5EC15F 18-CN-MEN-1181 EXHIBIT “A-2” PROJECT SCHEDULE TIMETABLE: Phase Estimated Completion Date Estimated Cost Comments PA&ED October 2020 $ 800,000 Completed PS&E February 2022 $ 1,538,190 Completed RIGHT OF WAY October 2021 $ 3,110,000 Completed CONSTRUCTION July 2024 $26,772,421 In Process TOTAL $32,220,611 DocuSign Envelope ID: 1B6522FB-D74E-4336-85DE-59548C5EC15F