RCTC/MOU Hwy 111 03Agreement No. M23-005
MEMORANDUM OF UNDERSTANDING
FOR THE FUNDING AND JOINT DEVELOPMENT OF
STATE HIGHWAY 111 IMPROVEMENTS
WITHIN THE CITY OF LA QUINTA
1. Parties and Date.
1.1 This Agreement is executed and entered into this 310 day of t?a"a%-*w2003,
by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and
THE CITY OF LA QUINTA ("CITY").
2. Recitals.
2.1 RCTC is a county transportation commission created and existing pursuant to
California Public Utilities Code Sections 130053 and 130053.5.
2.2 On November 8, 1988 the Voters of Riverside County approved Measure A
authorizing the collection of a one-half percent (1/2%) retail transactions and use tax (the "tax") to
fund transportation programs and improvements within the County of Riverside, and adopting the
Riverside County Transportation Improvement Plan (the "Plan").
2.3 The Plan allocates 20 million dollars for the construction of improvements
along Route I I I from Ramon to Indio Boulevard in the Coachella Valley (the "Highway I I I
Funds").
2.4 Pursuant to Public Utility Code Sections 240000 et sect., RCTC is authorized
to allocate the proceeds of the Tax in furtherance of the Plan.
2.5 The City, RCTC and Caltrans are planning certain improvements along State
Highway I I I with the City of La Quinta.
2.6 RCTC has determined that the improvements referenced in Section 2.5 above
and described more fully herein qualify for Highway I I I Funds.
2.7 RCTC intends, by this Agreement, to allocate Highway 111 Funds towards the
construction of these intersection improvements, subject to the conditions provided herein, and to
participate in the joint development of the Project, as defined herein.
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3. Terms.
3.1 Descriiption of Improvements. This Agreement is intended to allocate
Highway 111 Funds to provide funding, design and other services for authorized portions of the
Route I I I improvements currently being planned on Highway 111, from Simon Drive to Adams
Street, within the City of La Quinta (the "Project"). The Project is more fully described in Exhibit
"A" attached hereto and, pursuant to Section 3.3 below, is subject to modification as requested by the
City and approved by RCTC which approval will not be unreasonably withheld. It is understood and
agreed that the City shall expend Highway 111 Funds only as set forth in this Agreement and only
for the Project. To this end, any use of funds provided pursuant to this Agreement shall be subject to
the review and approval of RCTC.
3.2 Funding Amount. RCTC hereby agrees to initially allocate to the City, on the
terms and conditions set forth herein, the sum of Three Hundred Eleven Thousand Six Hundred
Forty Four Dollars ($311,644.00) for project development, right of way acquisition, and construction
costs ("Funding Amount"). It is also understood and agreed that 100% of the proposed
improvements will be installed within the existing State right-of-way. Therefore, the Initial Funding
Amount represents one hundred percent (100%) of the estimated Total Project Costs, as defined in
Sections 3.14.1 and 3.14.2 below. This cost/funding allocation percentage ("Cost/Funding
Allocation Percentage") is subject to an adjustment pursuant to Section 3.14.3 below. In addition,
the Funding Amount is subject to an adjustment pursuant to section 3.14.5 based upon the final
Cost/Funding Allocation Percentage and the final Total Project Cost.
3.3 Responsibilities of Parties/Project Description. The responsibilities of the
City and RCTC with respect to this Agreement and the successful completion of the Project are
described in Exhibit `B", attached hereto and incorporated herein by reference. Changes to the
characteristics of the Project and any responsibilities of the City or RCTC may be requested in
writing by the City and are subject to the approval of RCTC's Representative, which approval will
not be unreasonably withheld.
3.4 Term/Notice of Completion. The term of this Agreement shall be from the
date first herein above written until the date the City provides a written Notice of Completion to
RCTC, until termination of this Agreement pursuant to Section 3.9 or Until June 30, 2009,
whichever occurs first. All applicable indemnification provisions of this Agreement shall remain in
effect following the termination of this Agreement.
3.5 RCTC's Representative. RCTC's Executive Director, or his or her designee,
shall serve as RCTC's Representative and shall have the authority to act on behalf of RCTC for all
purposes under this Agreement. RCTC's Representative shall also review and give approval, as
needed, to the details of the City's work as it progresses.
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3.6 The City's Representative. The City hereby designates Tom P. Genovese,
City Manager, or his designee as the City's Representative to RCTC. The City's Representative
shall have the authority to act on behalf of the City for all purposes under this Agreement and shall
coordinate all phases of the Project under the City's responsibility. The City shall work closely and
cooperate fully with RCTC's Representative and any other agencies which may have jurisdiction
over or an interest in the Project.
3.7 Standard of Care, Licenses. The City and RCTC represent and maintain that
they shall implement the Project in a skillful and competent manner and shall only involve in the
Project persons or entities skilled in the calling(s) necessary to perform all services, duties and
obligations required to fully and adequately complete the Project.
3.8 Review of Services. The City and RCTC shall allow RCTC's Representative
and City's Representative, respectively, to inspect or review the progress of the Project at any
reasonable time in order to determine whether the terms of this Agreement are being met.
3.9 Termination.
3.9.1 Notice. Either RCTC or City may, by written notice to the other party,
terminate this Agreement for cause in whole or in part at any time, by giving written notice to the
other party of such termination and specifying the effective date thereof. Upon receipt of a written
notice of termination, RCTC or the City, respectively, shall cease expenditure of funds which are
expected to be reimbursed with Highway 111 Funds pursuant to this Agreement.
3.9.2 Effect of Termination. Upon termination by RCTC or the City, RCTC shall
allocate Highway 111 Funds towards the Project improvements satisfactorily completed through the
date of termination. Such allocation shall be determined by multiplying the Cost/Funding Allocation
Percentage (which shall be subject to adjustment pursuant to the procedures outlined in Section
3.13.3) by the amount of the Total Project Cost, as defined in Sections 3.13.1 and 3.13.2, incurred
prior to the date of termination. The City shall provide documentation deemed adequate by RCTC's
Representative to show the Project Costs incurred and Project improvements actually completed
prior to the date of termination. This Agreement shall terminate seven (7) days following receipt by
the City of the written notice of termination.
3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this Agreement.
3.10 Prevailing Wages. The City and RCTC and any other person or entity hired to
perform services on the Project are alerted to the requirements of California Labor Code Sections
1770 et M .,which would require the payment of prevailing wages were the services or any portion
thereof determined to be a public work, as defined therein. The City or RCTC, as applicable, shall
ensure compliance with these prevailing wage requirements by any person or entity hired to perform
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services on the Project. The City shall defend, indemnify, and hold harmless RCTC, its officers,
employees, consultants, and agents from any claim or liability, including without limitation
attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et seMc . RCTC shall defend, indemnify, and hold harmless the City, its officers,
employees, consultants; and agents from any claim or liability, including without limitation
attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code
Sections 1770 et seMC .
3.11 Copies of Materials. Each party shall have the right to inspect and to obtain
for its record copies of all records and materials which may be prepared by the other party under this
Agreement.
3.12 Indemnification.
3.12.1 City Responsibilities. The City agrees to indemnify and hold harmless RCTC,
its officers, agents, consultants, and employees from any and all claims, demands, costs or liability
arising from or connected with all activities governed by this Agreement including all design and
construction activities, due to negligent acts, errors or omissions or willful misconduct of the City or
its sub -consultants. The City will reimburse RCTC for any expenditures, including reasonable
attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to
negligent acts, errors or omissions or willful misconduct of the City.
3.12.2 RCTC Responsibilities. RCTC agrees to indemnify and hold harmless the
City, its officers, agents, consultants, and employees from any and all claims, demands, costs or
liability arising from or connected with all activities governed by this Agreement including all design
and construction activities, due to negligent acts, errors or omissions or willful misconduct of RCTC
or its sub -consultants. RCTC will reimburse the City for any expenditures, including reasonable
attorneys 0 fees, incurred by the City, in defending against claims ultimately determined to be due to
negligent acts, errors or omissions or willful misconduct of RCTC.
3.12.3 Effect of Acceptance. The City and RCTC shall be responsible for the
professional quality, technical accuracy and the coordination of any services provided to complete
the Project. One parry's review, acceptance or funding of any services performed by the other party
or any other person or entity under this agreement shall not be construed to operate as a waiver of
any rights the other party hereto may hold under this Agreement or of any cause of action arising out
such persons, or entities, performance. Further, the City shall be and remain liable to RCTC, in
accordance with applicable law, for all damages to RCTC caused by the City's negligent
performance of this Agreement or supervision of any services provided to complete the Project. In
addition, RCTC shall be and remain liable to the City, in accordance with applicable law, for all
damages to the City caused by RCTC's negligent performance of this Agreement or supervision of
any services provided to complete the Project.
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3.13 Insurance. The City and RCTC shall require all persons or entities hired to
perform services on the Project to obtain, and require their sub -consultants to obtain, insurance of the
types and in the amounts described below and satisfactory to RCTC and City. Such insurance shall
be maintained throughout the term of this Agreement, or until completion of the Project, whichever
occurs last.
3.13.1 Commercial General Liability Insurance. Occurrence version commercial
general liability insurance or equivalent form with a combined single limit of not less than
$1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply
separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
3.13.1.1 Name RCTC and City, their officials, officers, employees, agents, and
consultants as insured with respect to performance of the services on the Project and shall contain no
special limitations on the scope of coverage or the protection afforded to these insured;
3.13.1.2 Be primary with respect to any insurance or self insurance programs
covering RCTC or City, their officials, officers, employees, agents, and consultants; and
3.13.1.3 Contain standard separation of insured provisions.
3.13.2 Business Automobile Liability Insurance. Business automobile liability
insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per
occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles.
3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with
a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design
or engineering professionals.
3.13.4 Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each
accident.
3.14 Payment of Funding Amount.
3.14.1 Total Project Cost. The total Project costs C Total Project Cost') shall include
the following items: (1) funds expended by in preparation of preliminary engineering study; (2) funds
expended for preparation of environmental review documentation for the Project; (3) all costs
associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition,
legal costs for condemnation procedures if authorized by the City, and costs of reviewing appraisals
and offers for property acquisition; (4) costs reasonably incurred if condemnation proceeds; (5) costs
incurred in the preparation of plans, specifications, and estimates by consultants or staff; (6) staff
costs associated with bidding, advertising and awarding of the Project construction contract; (7)
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construction costs, including change orders to construction contract approved by the City and RCTC;
and (8) construction management, field inspection and material testing costs. It is understood and
agreed that these costs include costs already incurred by RCTC and the City towards completion of
the Project.
3.14.2 Excluded Total Project Cost. The Total Project Cost shall not include the
following items which shall be borne solely by the individual parties without reimbursement: (1)
RCTC management costs for Proj ect coordination which are attributed to its total State Highway I I I
Proj ect of Measure "A"; (2) City Proj ect coordination costs; (3) City and/or RCTC costs attributed to
the preparation of invoices, billings and payments; (4) any City and/or RCTC fees attributed to the
processing of the Project.
3.14.3 Cost/Funding Allocation Percentage Determination. The final determination
of the appropriate Cost/Funding Allocation Percentage shall be made by the City's Representative
and RCTC's Project Coordinator using the guidelines attached hereto as Exhibit "C" and
incorporated herein by reference, and the best available cost estimate information from the project
design engineer. The determination of the Cost/Funding Allocation Percentage shall be made after
the design review process has terminated, but prior to the award of the Project for public contracting
purposes. In the event of a disagreement between the City's Representative and RCTC's Project
Coordinator regarding the Cost/Funding Allocation Percentage, RCTC's Executive Director and the
City Manager shall review the determination and attempt to resolve the dispute. If the City Manager
and Executive Director are unable to agree, either party may appeal, in writing, to the RCTC Board.
The RCTC Board's determination regarding the Cost/Funding Allocation Percentage shall be final.
3.14.4 Payment. RCTC shall pay for all consultant costs as they are incurred and
invoiced for design work, right-of-way services and any other services under its responsibilities,
which payments shall serve as a credit towards its Funding Amount. The City shall pay for all
Project contract costs and consultant and other costs for services under this responsibilities as they
are incurred and invoiced, which amounts, if appropriate pursuant to Sections 3.13.1 and 3.13.2,
shall be applied towards the Total Project Cost. Payment requirements for the City shall include
backup documents for all charges requested for reimbursement.
3.14.5 Funding Amount/Adjustment. If the Project is completed before June 30,
2009, RCTC's Project Coordinator shall meet with the City's Representative within thirty (30) days
following the filing of a proper written Notice of Completion of the Project by the City to determine
the Funding Amount. This determination shall be made by multiplying the Cost/Funding Allocation
Percentage by the Total Project cost. The Total Project Cost shall be determined upon completion of
the Proj ect. In the event the Project is not completed by June 30, 2009, RCTC's Project Coordinator
and the City's Representative shall meet to determine the Funding Amount to be allocated up
through June 30, 2009. The City shall not be entitled to any funding pursuant to this Agreement after
June 30, 2009. If as a result of payments made under Section 3.14.4, above, either the City of RCTC
has paid in excess of its allowable share of the Total Project Cost, the other party shall reimburse
said party for the excess within 30 days of the determination and approval of the Funding Amount by
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the City Representative and RCTC Project Coordinator.
3.14.6 SB 300 Reimbursements. Any SB 300 (Streets & Highways Code Section
2600) reimbursements received from the State for the Project shall be split proportionally according
to the Cost/Funding Allocation Percentage, and credited towards each party's funding of the Total
Project Cost. (SB 300 Reimbursement does not apply to this project)
3.14.7 Pro erg_ss Reports. Either party may request the other party to inform it of
delays in the Project and provide it with any requested progress reports.
3.14.8 Reimbursement for Expenses. The City shall not be reimbursed for any
expenses unless authorized in writing by RCTC's Representative.
3.15 Change Orders. Any change orders in excess of ten thousand dollars
($10,000) must be reviewed and approved in writing by RCTC and City.
3.16 Conflict of Interest. For the term of this Agreement, no member, officer or
employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the
case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.17 Limited Scope of Duties. RCTC's and the City's duties and obligations under
this Agreement are limited to those described herein. RCTC has no obligation with respect to the
safety of the Project Site unless it knows or should know of a dangerous condition or activity and
fails to report such condition or activity to the responsible party or otherwise make reasonable
corrective efforts. In addition, RCTC shall not be liable for any action of City or its consultants
relating to the condemnation of property undertaken by City for the Project or for the construction of
the Project.
3.18 Books and Records. Each party shall maintain complete, accurate, and clearly
identifiable records with respect to costs incurred for the Project or under this Agreement. They shall
make available for examination by the other party, its authorized agents, officers or employees any
and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or related to the expenditures and disbursements charged to the other party
pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each
party shall furnish to the other party, its agents or employees such other evidence or information as
they may require with respect to any such expense or disbursement charged by them. All such
information shall be retained by the parties for at least three (3) years following termination of this
Agreement, and they shall have access to such information during the three-year period for the
purposes of examination or audit.
3.19 EQual Opportunity Employment. The City and RCTC represent that they are
equal opportunity employers and they shall not discriminate against any employee or applicant of
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reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.20 Governing Law. This Agreement shall be governed by and construed with the
laws of the State of California.
3.21 Attorneys' Fees. If either party commences an action against the other parry
arising out of or in connection with this Agreement, the prevailing party in such litigation shall be
entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit.
3.22 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.23 Headings. Article and Section Headings, paragraph captions or marginal
headings contained in this Agreement are for convenience only and shall have no effect in the
construction or interpretation of any provision herein.
3.24 Notification. All notices hereunder and communications regarding
interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as
follows:
City of La Quinta RCTC
P.O. Box 1504 Riverside County Transportation Commission
78-495 Calle Tampico 4080 Lemon, 3'd Floor
La Quinta, CA 92253-1504 Riverside, CA 92501
ATTN: City Manager ATTN: Executive Director
Any notice so given shall be considered served on the other party three (3) days after deposit
in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred
regardless of the method of service.
3.25 Conflicting Provisions. In the event that provisions of any attached
appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the
language, terms and conditions contained in this Agreement shall control the actions and obligations
of the Parties and the interpretation of the Parties' understanding concerning the performance of the
Services.
3.26 Contract Amendment. In the event that the parties determine that the
provisions of this Agreement should be altered, the parties may execute a contract amendment to add
any provision to this Agreement, or delete or amend any provision of this Agreement. All such
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contract amendments must be in the form of a written instrument signed by the original signatories to
this Agreement, or their successors or designees.
3.27 Entire Agreement. This Agreement constitutes the entire agreement between
the Parties relating to the subject matter hereof and supersedes any previous agreements or
understandings.
3.28 Validity of Agreement. The invalidity in whole or in part of any provision of
this Agreement shall not void or affect the validity of any other provision of this Agreement.
3.29 Independent Contractors. Any person or entities retained by the City or any
Consultant shall be retained on an independent contractor basis and shall not be employees of ROTC.
Any personnel performing services on the Project shall at all times be under the exclusive direction
and control of the City or consultant, whichever is applicable. The City or consultant shall pay all
wages, salaries and other amounts due such personnel in connection with their performance of
services on the Project and as required by law. The City or consultant shall be responsible for all
reports and obligations respecting such personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance and workers' compensation insurance.
RIVERSIDE COUNTY CITY OF LA QUINTA
TRANSPORT COMMIN
By:
vu-
Ron Roberts, Chairman
APPROVED AS TO
LM
Transportation
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By:
_(L 4iL
Don Adolph, Mayo
APPROVED AS TO FORM:
By:77
K Brine Jenson, City Attorney
E-3( I ][T "A"
DESCRIPTION OF SERVICES
Highway I I I Street Improvements, from Simon Drive to Adams Street, within the City of La
Quinta. The segment is approximately 1,250 linear feet long. Improvements include the installation
of one 12' travel lane, 8' shoulder, curb and gutter, 8' meandering sidewalk, and handicap ramps.
The following services will be provided, as necessary, to complete the improvements:
1. Completion of Project Development Activities in accordance with Caltrans Standards
and Project Development Guidelines.
2. Preparation of any needed environmental documentation in accordance with Caltrans
procedures and State and Federal statutes.
3. All needed right-of-way services and acquisition of property needed for
improvements.
4. Construction of improvements as shown in attached Exhibits "D".
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A-1
WOW
RESPONSIBILITIES OF PARTIES
RCTC SHALL:
Reimburse City with appropriate funding contribution at completion of project or in
accordance with the phased reimbursement schedule approved by the Coachella Valley Association
of Governments (" CVAG" ). CVAG's phased reimbursement schedule allocates $200,000 during
Fiscal Year 2003/04 and $111,644 during Fiscal Year 2004/2005 for eligible project components.
RCTC will contribute a maximum of $311,644 for the Project.
Arrive at appropriate funding allocation for overall Project in conjunction with City La
Quinta prior to award of construction contract by the City.
CITY OF LA QIMUA SHALL:
Be responsible for design, environmental clearance, right of way acquisition, obtaining all
permits required by impacted agencies prior to start of construction.
Be responsible for the bidding, awarding, and administration of the construction contract.
Be responsible for all Construction Management of the construction activities including
survey and material testing.
Arrive at appropriate funding allocation for overall project in conjunction with RCTC prior to
award of construction contract by the City.
CHANGES IN RESPONSIBILITIES
The specific responsibilities of RCTC and the City as defined in this exhibit maybe changed
pursuant to the terms of Section 3.3 of the Agreement.
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B-I
EXHIBIT "C"
IMPLEMENTATION OF POLICY FOR COST SHARING
Hishwav 111 Costs - Measure "A' Share
Measure "A" Highway funds will be used to pay for any and all improvements that occur as a result
of the widening of Route I I I for the Project. The funding limits for individual improvements have
been established by CVAG. Those improvements might include, but not be limited to, additional
through lanes, acceleration tapers, deceleration lanes, bus turnouts, utility relocations, street lighting,
necessary landscaping to Caltrans Standards, traffic signal installations and modifications, and
necessary right-of-way acquisition and services. Right-of-way would be paid for by the appropriate
funds dependent upon area of the take, as described below.
The intersections between Highway 111 and the cross street shall also be funded with Measure "A"
Highway funds. The dividing line between Highway I I I and the cross street is defined as the
projection of the Highway 111 right-of-way line across the cross street.
Costs for the traffic signals that control Highway 111 and cross street will be paid entirely with
Measure "A" Highway funds regardless of pole locations in the Highway 111 or cross street defined
boundaries. Signalization, for other locations such as entrances to businesses on Highway 111 will
also be funded by Measure "A" Highway funds if warranted and agreed to by ROTC.
Cross Street Costs - City Share
The City will be responsible for funding any and all cross street improvements. The cross street
improvements would include any element of the project that is not included in the Highway 111
costs as defined above.
Landscaping
Landscaping will be in accordance with State and City standards and will be included in the cost
sharing in the appropriate Route 111 or cross street areas. Excessive landscaping will not be paid for
with the Measure "A" Highway funds. Excessive landscaping is a subjective measure, but the intent
is not to use Measure "A" Highway funds to pay for landscaping in excess of what is appropriate for
a typical highway project in the Coachella Valley using Caltrans landscaping design standards.
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C-1
EXHIBIT "D"
CONSTRUCTION IMPROVEMENTS
Highway 111 Street Improvements, from Simon Drive to Adams Street, within the City of La
Quinta. The segment is approximately 1,250 linear feet long. Improvements include the installation
of one 12' travel lane, 8' shoulder, curb and gutter, 8' meandering sidewalk, and handicap ramps.
The following project budget is anticipated:
Project Activity
Estimated Cost
Construction:
$197,563.00
Engineering:
$19,756.00
Construction Management:
$19,756.00
Construction Engineering Ins ection/Testin Surve :
$15,311.00
Right -of -Way:
$0.00
Sub -Total:
$252,386.00
Contingency:
$59,258.00
Total Estimated Cost:
$311,644.00
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D-1
Agreement No. M23-005-01
AMENDMENT NO.1
TO THE
MEMORANDUM OF UNDERSTANDING
FOR THE FUNDING AND JOINT DEVELOPMENT OF
STATE HIGHWAY 111 IMPROVEMENTS
WITHIN THE CITY OF LA QUINTA
1. Parties and Date.
4 1.1 This Amendment No. 1 is executed and entered into thi.� day of
2008, by and between the RIVERSIDE COUNTY TRANSPORTATION
ISSION MM("RCTC" or "Commission") and the CITY OF LA QUINTA (the "City'l.
2. Recitals.
2.1 The Commission and the City have entered into a "Memorandum of
Understanding for the Funding and Joint Development of State Highway I I I Improvements" dated
December 31, 2003 ("MOU") for the purpose of providing funding to the City for the Project, as
that term is defined in Section 3.1 of the MOU.
2.2 The Riverside County Transportation Improvement Plan ("Plan") allocates
Twenty Million Dollars ($20,000,000) for the construction of improvements to and along State
Highway I I I from Ramon Road to Indio Boulevard in the Coachella Valley (the "Highway 111
Funds").
2.3 Pursuant to Public Utility Code Sections 24000, et seg, RCTC is authorized to
allocate the proceeds of the Tax in furtherance of the Plan.
2.4 In 2003, the Commission provided the Coachella Valley Association of
Governments ("CVAG") a Measure A revenue forecast, which identified the Coachella Valley
Measure A highway funds through the end of the Measure on June 30, 2009 as Twelve Million
Dollars ($12,000,000), which amount was approved and allocated by RCTC for distribution.
2.5 At its December 12, 2007 meeting, the Commission approved the distribution
of additional funds to jurisdictions totaling Twelve Million Three Hundred Seventy -Six Thousand
Eight Hundred Ten Dollars ($12,376,810) based on revised revenue estimates.
RCTC - LA QUINTA MOU AMENDMENT NO.1 Page 1
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2.6 The Commission now wishes, consistent with actions at its December 12,
2007 meeting, to amend and modify the MOU to provide, through this Amendment, for the
allocation of the aforementioned additional funding.
3. Terms.
3.1 RCTC hereby agrees to make available to the City, on the terns and
conditions set forth in the MOU and as modified herein, the additional sum of Three Hundred
Eighteen Thousand Three Hundred Ninety -One Dollars ($318,391) for project development, right of
way acquisition, and construction costs for the Project ("Additional Funding Amount"). The
Additional Funding Amount is the total amount to be provided under this Amendment No. 1.
3.2 The Funding Amount, as defined and provided for in paragraph 3.2 of the
MOU, is hereby amended to be Six Hundred Thirty Thousand Thirty -Five Dollars ($630,035).
3.3 Exhibit `B" to the MOU is hereby deleted in its entirety and replaced by
Exhibit `B" attached hereto and incorporated herein by reference.
3.4 Consistent with paragraph 3.4 of the MOU, no funding shall be available to
the City from RCTC under the MOU or this Amendment after June 30, 2009, unless a time extension
is granted by the Commission.
3.5 Paragraphs 3.14.3 and 3.14.5 of the MOU are hereby deleted in their entirety.
The Additional Funding Amount provided for herein is in lieu of any further allocation or adjustment
that might have otherwise been provided for under the MOU.
3.6 Funding provided for under this Amendment shall be available to the City
consistent with the schedule set forth in Exhibit `B" of this Amendment.
3.7 Except as amended by this Amendment No. 1, all provisions of the MOU,
including without limitation the indemnity and insurance provisions, shall remain in full force and
effect and shall govern the actions of the parties under this Amendment.
[Signatures on Following Page]
RCTC - LA QUINTA MOD AMENDMENT NO. 1 Page 2
RVPUBTCHON48102.2
SIGNATURE PAGE
TO
AMENDMENT NO.1 TO THE
MEMORANDUM OF UNDERSTANDING
RIVERSIDE COUNTY CITY OF LA QUINTA
TRANSPORTATION COMMISSION
By: By:
eff hair Thomas P. Genovese, City Manager
APPROVED AS TO FORM:
By:( By:
Bes 'es & feg P . Kath tine J s n, City Attorney
Cl nsel the Ri ersi ounty
Tno
Commission
RCTC - LA QUINTA MOD AMENDMENT NO.1 Page 3
RVPUB\PCH0IV48IO2.2
EXHIBIT `B"
RESPONSIBILITIES OF PARTIES
RCTC SHALL:
Reimburse City with appropriate funding contribution in accordance with the phased
reimbursement schedule agreed to by RCTC and the Coachella Valley Association of Governments
("CVAG") and adjusted to reflect the additional funds in fiscal year 2007/2008. For eligible project
components the CVAG's phased reimbursement schedule allocates:
$ 318,391during Fiscal Year 2007/2008
Total available reimbursement under this Amendment for the Project is $318,391.
CITY OF LA OUINTA SHALL:
Be responsible for design, environmental clearance, right of way acquisition, obtaining all
permits required by impacted agencies prior to start of construction.
Be responsible for the bidding, awarding, and administration of the construction contract.
Be responsible for all construction activities including inspection, survey and material testing.
CHANGES IN RESPONSIBILITIES
The specific responsibilities of RCTC and the City, as defined in this exhibit, may be
changed pursuant to the terms of Section 3.3 of the MOU.
RVPUBTCH01\748102.2