DocuSign Envelope ID: 4A904F62-0AF4-4350-B1EE-8120482A77AD 16-NW-RIV-1189
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
FIRST AMENDMENT TO AGREEMENT TO REIMBURSE TUME FUNDS
IOWA AVE WIDENING PROJECT
(UNIVERSITY AVENUE TO MARTIN LUTHER KING BOULEVARD)
THIS FIRST AMENDMENT TO THE AGREEMENT TO REIMBURSE TUMF FUNDS, is made and entered into this 10 day of June 2022, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") and the CITY OF RIVERSIDE ("City"). WRCOG and the City are sometimes collectively referred to herein as the "Parties".
RECITALS
A. WRCOG, as the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County ("TUMF Program"), and the City entered into an Agreement to Reimburse TUMF Funds ("Agreement"), effective May 7, 2020, whereby it was agreed that WRCOG would distribute TUMF Program Funds to the City for reimbursement of eligible project expenses incurred by the City for the Iowa Ave Widening between University Avenue to Martin Luther King Boulevard ("Project"), in an amount not to exceed Two Million, Nine Hundred Twenty Thousand Dollars ($2,920,000.00).
B. During construction of the Project, it was discovered that University of California's ("UCR") existing irrigation line was located beneath Iowa Avenue and as a result of the Project, various conflicts with this existing facility were encountered. The City attempted to modify the existing facility at various locations, but due to the short length of pipe and grouting methods, maintaining a water sealed line was unsuccessful. As such, it has been determined that UCR's irrigation line needs to be relocated.
The City and WRCOG agree that the relocation of UCR's irrigation line is an eligible expense under TUME guidelines and agree to increase the funding amount which may be reimbursed to the City for the Project by an additional Two Hundred Sixty-Five Thousand Dollars ($265,000.00), to an amount not to exceed Three Million One Hundred Eighty-Five Thousand Dollars ($3,185,000.00).
D. WRCOG and City desire to amend the Agreement in order to provide for the increase in funding amount.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and incorporating the recitals set out above, the PARTIES mutually agree as follows:
Paragraph 2, entitled WRCOG Funding Amount, of the Agreement is hereby amended and restated as follows:
1 DocuSign Envelope ID: 4A904F62-0AF4-4350-B1EE-8120482A77AD 16-NW-RIV-1189
"WRCOG Funding Amount. WRCOG hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Three Million One Hundred Eighty-Five Thousand Dollars ($3,185,000.00), to be used for reimbursing the City for eligible project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study ("Maximum TUMF Share"), as may be amended from time to time."
2 Exhibits "A-1" and "A-2" of the Agreement are hereby replaced in their entity by Exhibits "A-1" and "A-2" of this First Amendment, which are attached hereto and incorporated by reference.
The above-stated Recitals are hereby fully incorporated into this First Amendment.
4. All other terms and conditions of the Agreement between the parties which are not inconsistent with the terms of this First Amendment to Agreement to Reimburse TUMF Funds, shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the Parties have caused this Amendment to the Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF RIVERSIDE, a
OF GOVERNMENTS municipal corporation
• 00 000 00
By _ 7 - By_
Dr. Kurt Wilson, City Manager
Executive Director
Attest: (IA)
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
•DocuSigned by:
Steve DeBaun ANSM
By:_ By: Brandon S. Merce (Jun 3, 2022 15:31 PDT)
- E54DE3F1B3634CO...
Steven C. DeBaun, Brandon M. Mercer
General Counsel Senior Deputy City Attorney
2 DocuSign Envelope ID: 4A904F62-0AF4-4350-B1EE-8120482A77AD 16-NW-RIV-1189
EXHIBIT "A-1"
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $0 $100,000 $100,000
PS&E $80,000 $100,000 $180,000
RIGHT OF WAY $0 $0 $0
CONSTRUCTION $3,185,000 $3,180,000 $6.365,000
TOTAL $3,265,000 $3,380,000 $6,645,000
DocuSign Envelope ID: 4A904F62-0AF4-4350-B1EE-8120482A77AD 16-NW-RIV-1189
EXHIBIT "A-2"
PROJECT SCHEDULE
TIMETABLE:
Estimated
Phase Completion Date Estimated Cost Comments
PA&ED 12/2018 $100.000
PS&E 12/2019 $180,000
RIGHT OF WAY 12/2019 $0
CONSTRUCTION 9/2020 $6,365,000
TOTAL $6,645,000
DocuSign Envelope ID: 4A904F62-0AF4-4350-B1EE-8120482A77AD
INTEROFFICE MEMO
Date: 4/19/2022
To: Kurt Wilson, Executive Director
From: Cameron Brown, Program Manager
Subject: TUMF Reimbursement Agreements & Amendment with City of Riverside and County of Riverside
Contractor Name: TUMF Agreements 1) lowa Ave Widening Project Amendment, 2) Wood Rd Widening Project, 3) Grand Ave Widening
General Purpose: 1) The Iowa Ave (Martin Luther King to University Ave) Widening Project Agreement Amendment sets the Construction phase of the project at an amount not to exceed $3,185,000
2) The Wood Rd (Cajalco Rd to Krameria Ave) Widening Project sets the Planning, phase at an amount not to exceed $400,000.
3) The Grand Ave (Corydon Rd to Ortega Hwy) Widening Project sets the Planning phase at an amount not to exceed $774,000
Contract Contact: 1) Kris Martinez, Public Works Director, City of Riverside 2) Mark Lancaster, Director of Transportation, County of Riverside Amount: 1) Not to exceed $3, 185,000
2) Not to exceed $400,000
3) Not to exceed $774,000
Funding Source: Funding included on Southwest Zone TIP and Northwest TIP Required Approval: Executive Director - Executive Committee approved the agreement on April 4, 2022 Legal Review: Yes - Steve DeBaun
Staff Review: Yes - Cameron Brown
I have prepared this Agreement and memorandum.
_ Cameron Brown, Program Manager
I have reviewed this Agreement and attest that the budgeted amount is consistent with any contract/grant requirements and that the Agency budget reflects this information. _ Andrew Ruiz, Chief Financial Officer
DocuSign Envelope ID: 4A904F62-0AF4-4350-B1EE-8120482A77AD I have reviewed this agreement and recommend approval.
- Chris Gray, Deputy Executive Director
I have reviewed and executed this agreement.
— Kurt Wilson, Executive Director