16-NW-RIV-1190
AMENDMENT NO. 2 TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT
THIRD STREET GRADE SEPARATION
RIGHT-OF-WAY PHASE
This Amendment No. 2 to Transportation Uniform Mitigation Fee Program Agreement ("'Amendment No. 2") is entered into this 30"h day of July, 2024, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") and The City of Riverside ("City"). WRCOG and the City are sometimes referred to individually as "Party" and collectively as "Parties."
RECITALS
WRCOG and CITY have entered into an agreement titled "Transportation Uniform Mitigation Fee Program Agreement" that is dated July 26, 2018 ("Agreement"). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the planning and engineering phases of the Third Street Grade Separation Project (hereinafter the "Project").
B. On March 30, 2021, the Parties entered into Amendment No. 1 to the Agreement which added a right of way phase to the Agreement.
The Parties desire to amend the Agreement by increasing the funding amount pursuant to Sections 6 and 33 of the Agreement.
D. Funds are being increased for this Project because new funding has become available.
16-NW-RIV-1190
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. The Funding Amount contained in Section 2 of the Agreement is hereby increased by Three Million Dollars ($3,000,000) from Eight Million Two Hundred and Fifty Thousand Dollars ($8,250,000), to an amount not to exceed Eleven Million Two Hundred and Fifty Thousand Dollars ($11,250,000).
2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share.
3. Exhibits "A", "A-1", and "A-2" of the Agreement are hereby replaced in their entirety by Exhibits "A", "A-1", and "A-2" of this Amendment No. 2, which are attached hereto and incorporated by reference.
4. The above-stated Recitals are hereby fully incorporated into this Amendment No.
2. 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. 2 to be executed by their duly authorized representatives to be effective on the day and year first written above. 16-NW-RIV-1190
WESTERN RIVERSIDE COUNCIL CITY OF RIVERSIDE
OF GOVERNMENTS
By: By:
Dr. Kurt Wilson, Executive Director Mike Futrell, City Manager Approved to Form: Approved to Form:
By: B18 h
By:
Steven C. DeBaun Jack Lit Brandon Percen
General Counsel
CERTIFIED AS TO FUNDS AVAILABILITY:
Attest:
BY:
ASSISTANT CHIEF FINANCIAL OFFICER
By:
Donesia Gause
City Clerk
16-NW-RIV-1190
Exhibit A
SCOPE OF SERVICES
SCOPE OF WORK: The project will design and construct an underpass at the existing Third Street at-grade crossing of the Burlington Northern Santa Fe (BNSF) railroad in the City of Riverside. Third Street will be lowered from about Vine Street to Park Avenue and a bridge will be constructed to convey rail traffic. The project also requires the realignment of Commerce Street, construction of slopes, retaining walls, and storm water pump station as well as relocation of wet and dry utilities. Project design consists of the following phases:
1) Project Approval and Environmental Documents (PA&ED) phase - Complete preliminary engineering and obtain environmental clearance for the project; 2) Plans, Specifications, and Estimate (PS&E) phase - Prepare construction documents and advertise the project for bids
Right of Way phase - Determine Project's Right of Way impacts, prepare Legal descriptions and Plats, perform appraisals, acquire Temporary Construction Easements, and acquire part-take and full-take properties including Eminent Domain in order to advertise the project for bids and construct the proposed improvements. 16-NW-RIV-1190
EXHIBIT "A-1"
ESTIMATE OF COST
Phase TUMF NON-TUMF TOTAL
PA&ED $1,500,000 $0 $1,500,000
PS&E $2,500,000 $2,500,000
RIGHT OF WAY $7,250,000 $18,750,000 $26,000,000
CONSTRUCTION 0 $59,000,000 $59,000,000
TOTAL $11,250,000 $76,750,000 $89,000,000
This Amendment is for the Right of Way Phase Only.
16-NW-RIV-1190
EXHIBIT "A-2"
PROJECT SCHEDULE
TIMETABLE:
Estimated
Phase Completion Date Estimated Cost Comments
PA&ED 12/2020 $1,500,000
PS&E 12/2022 $2,500,000
RIGHT OF WAY 07/2025 $26,000,000
CONSTRUCTION 05/2026 $59,000,000
TOTAL 89,000,000
This Amendment is for the Right of Way Phase Only.