2022-23 Indio City - LQ Coop Agrmt - Amendment 1 - 3 Projects 2022-05, 2022-07, 2021-17MEMORANDUM ta Qa�&a
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DATE: June 20, 2023
TO: Jon McMillen, City Manager
FROM: Carley Escarrega, Management Assistant
RE: Amendment no. 1 to cooperative agreement with the City of Indio for Design and Construction of: 1) Avenue 50
widening improvements project no. 2022-05, 2) Jefferson Street and Hwy 111 intersection improvements project
2022-07, and 3) Jefferson Street Slurry Improvements project 2021-17
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Jr L Approved by City Council on May 2, 2023
F-1_ City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
L I_ Bid W-1. RFP F-1 RFQ E_ 3 written informal bids
QSole Source 1:1 Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
Agreement payment will be charged to Account No.: Various CIP accounts
❑✓J Agreement term: Start Date 12/1/2022 End Date
1r L Amount of Agreement, Amendment, Change Order, etc.: $ See exhibit B
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
❑✓ Insurance certificates as required by the Agreement for Risk Manager approval
NOTE;
Approved by:
n/a
Date:
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. n/a Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
IST AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF INDIO
A CALIFORNIA MUNICIPAL CORPORATION
AND
CITY OF LA QUINTA
A CALIFORNIA MUNICIPAL CORPORATION
DATED: JUNE 712023
Form Approved 2/17/2023
1ST AMENDMENT TO AGREEMENT
This Amendment to the Cooperative Agreement for Avenue 50 Improvements; Jefferson Street
and Highway I I I Intersection Pavement Rehabilitation Project; and Jefferson Street Pavement
Improvements within the Shared Jurisdictional Boundary is made and entered into as of this 7th
day of June , 2023, by and between the City of Indio ("Indio'), a California municipal corporation
and the City of La Quinta, a California Municipal Corporation and charter city ("La Quinta").
Indio and La Quinta are sometimes hereinafter referred to as "Contracting Party" or "Party" and
hereinafter collectively referred to as the "Contracting Parties" or "Parties."
RECITALS
A. Indio and La Quinta entered into an agreement entitled "Cooperative Agreement for
Avenue 50 Improvements; Jefferson Street and Highway III Intersection Pavement
Rehabilitation Project; and Jefferson Street Pavement Improvements within the Shared
Jurisdictional Boundary" dated December 6, 2022 ("Agreement") for the purpose of
defining the roles, responsibilities, and cost sharing between the Parties for the proposed
improvements along Avenue 50 and Jefferson Street.
B. Pursuant to Section 8.6 of the Agreement, the Parties desire to amend the Agreement to
revise the Scope of Agreement, and increase the Contract Sums.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do
hereby enter into this Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [SCOPE FOR PROJECT B]. Section 1.2 of the Agreement is hereby amended
to add the following paragraph at the end of Section 1.2 to be integrated therein
and read as follows:
Contracting Parties hereby agree to have the improvements constructed at the intersection
of Jefferson Street and Highway 111. Indio will be responsible to complete or cause to
complete the final design, construction, and construction management services.
1.2 [CONTRACT SUMS]. Section 2.1 of the Agreement is hereby amended to revise
the project cost, with all other terms and conditions in Section 2.1 to remain in full
force and effect, as follows:
Contracting Parties hereby agree to increase the "Scope A Project Cost" to three hundred
thousand dollars ($300,000.00), as described in more detail in "Exhibit B-Revised".
Contracting Parties hereby agree to increase the "Scope B Project Cost" to one million,
eighty-two thousand, eight hundred sixty-four dollars ($1,082,864.00), as described in
more detail in "Exhibit B-Revised".
Contracting Parties hereby agree to increase the "Scope C Project Cost" to seven hundred
twenty-five thousand dollars ($725,000.00), as described in more detail in "Exhibit B-
Revised".
2. REMAINDER UNCHANGED. Except as specifically modified and amended in this
Amendment, the Agreement remains in full force and effect and binding upon the Parties.
3. INTEGRATION. This Amendment consists of pages 1 through 9, inclusive, which
constitute the entire understanding and agreement of the Parties and supersedes all
negotiations or previous agreements, including written or verbal communications between
the Parties with respect to all or any part of the transaction discussed in this Amendment.
4. 5EVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
5. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been
executed by the appropriate authorities of Indio and La Quinta.
6. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and
enforcement of this Amendment.
7. REFERENCES. All references to the Agreement include all their respective terms and
provisions. All defined terms utilized in this Amendment have the same meaning as
provided in the Agreement, unless expressly stated to the contrary in this Amendment.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement
on the date and year first written above.
CITY OF INDIO,
a California municipal corporation
BRY H. MONTGOMERY, City M aer
Dated: iG h- 24L 3
ATTEST:
CYNTHIA HERNANDEZ, CMC, City Clerk
Indio, California
APPROVED AS TO FORM:
Steveraham, City Attorney
City of Indio, California
IN WITNESS WHEREOF, the Contracting Parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA,
a California municipal corporation
RECOMMENDED FOR APPROVAL:
'2�- =� Dated: Z3
cMillen, City Manager
ATTEST:
Monika Radeva,16ity Cle
City of La Quinta , California
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
City of La Quinta , California
Exhibit B - Revised
Anticipated Project A Cost Estimate
Avenue 50 from Jefferson Street and Madison Street Project
Item
CVAG Share
75%
City of
Indio Share
50%
City La
Quinta Share
50%
Total
City Project Management
$14,210.25
$2,368.38
$2,368.38
$18,947.00
Designer Project Management
$21,350.25
$3,558.38
$3,558.38
$28,467.00
Survey
$42,063.75
$7,010.63
$7,010.63
$56,085.00
Utility Research/Coordination
$19,371.00
$3,228.50
$3,228.50
$25,828.00
Geotechnical Analysis
$23,503.50
$3,917.25
$3,917.25
$31,338.00
Hydraulic Analysis
$11,290.50
$1,881.75
$1,881.75
$15,054.00
CEQA Determination
$37,827.75
$6,304.63
$6,304.63
$50,437.00
Preliminary Plans and Cost Estimate (30%)
$55,383.00
$9,230.50
$9,230.50
$73,844.00
Total
$225,000.00
$37,500.00
$37,500.00
$300,000.00
Exhibit B - Revised
Project B Cost Estimate
Jefferson Street and Highway I I I Intersection Pavement Rehabilitation Project
Item
Preliminary Engineering
City of Indio Share
50%
City La Quinta Share
50%
Total
City Project Management
$5,000.00
$5,000.00
$10,000
Field Survey
$3,972.00
$3,972.00
$7,944
Geotechnical Investigation & Pavement Rehabilitation
Recommendations
$5,935.00
$5,935.00
$ l l ,870
Preliminary Drainage Investigation
$2,821.00
$2,821.00
$5,642
Preliminary Design
$9,357.00
$9,357.00
$l 8,714
Preliminary Cost Estimate
$775.00
$775.00
$1,550
Total
$27,860.00
$27,860.00
$55,720
Exhibit B - Revised
Project B Cost Estimate — Cont.
Jefferson Street and Highway I I I Intersection Pavement Rehabilitation Project
Item
Final Design
City of Indio Share
50%
City La Quinta Share
50%
Total
Field Survey
$2,139
$2,139
$4,278
Street Improvement Plans
$13,304
$13,304
$26,608
Signing and Striping Plans
$1,530
$1,530
$3,060
Engineer's Cost Estimate
$599
$599
$1,198
Total
$17,572
$l 7,572
$35,144
Item
Construction
City of Indio Share
50%
City La Quinta Share
50%
Total
Contractor
$460,000
$460,000
$920,000
Construction Management
$36,000
$36,000
$72,000
Total
$496,000
$496,000
$992,000
Total $541,432.00 $541,432.00 $1,082,864.00
Exhibit B - Revised
Project C Cost Estimate
Jefferson Street Crack Fill and REAS Slurry
Construction cost estimate for La Quinta's portion on Jefferson: $725,000
• Approx. 785,000 Sq. ft.
Includes:
• REAS slurry
• Crack fill
• Striping
• Small asphalt repairs
CONSENT CALENDAR ITEM NO. 6
City of La Quinta
CITY COUNCIL MEETING: May 2, 2023
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT
WITH THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF: 1) AVENUE 50
WIDENING IMPROVEMENTS PROJECT NO. 2022-05, 2) JEFFERSON STREET AND
HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT 2022-07, AND 3)
JEFFERSON STREET SLURRY IMPROVEMENTS PROJECT 2021-17; AND
APPROPRIATE FUNDING FOR JEFFERSON STREET AND HIGHWAY 111
INTERSECTION IMPROVEMENTS AND JEFFERSON STREET SLURRY
IMPROVEMENTS
RECOMMENDATION
A. Appropriate funding in the amount of $131,000 for the Jefferson Street Slurry
Improvements Project No. 2021-17; and $54,432 for the Jefferson Street and
Highway 111 Intersection Improvements Project No. 2022-07.
B. Approve Amendment No. 1 to the Cooperative Agreement with the City of Indio for
the design and construction of:
1. Avenue 50 widening improvements (Jefferson Street to Madison Street)
Project No. 2022-05;
2. Jefferson Street and Highway 111 Intersection Improvements Project No.
2022-07; and
3. Jefferson Street Slurry Improvements Project 2021-17.
C. Authorize the City Manager to execute Amendment No. 1 to the Cooperative
Agreement.
EXECUTIVE SUMMARY
• Council approved a Cooperative Agreement with the City of Indio for three separate
projects with shared jurisdictional boundaries on May 3, 2022:
o Avenue 50 widening improvements between Jefferson Street and Madison
Street;
o Jefferson Street and Highway 111 intersection improvements;
o Jefferson Street Slurry Improvements between Avenue 50 and the northern
City limits near Dunbar Drive.
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• La Quinta will pay 50% of the local agency cost for the design phases of the projects
and actual jurisdictional cost for the right of way and construction phases of the
projects.
• Amendment No. 1 proposes to adjust the funding for the design and construction
phases of all three projects to reflect actual costs.
FISCAL IMPACT
Staff requests $131,000 of General Fund monies be appropriated for the Jefferson Street
Slurry Improvements and $54,432 for Jefferson Street and Highway 111 intersection
improvements based upon final construction costs.
Avenue 50 widening improvements Project No. 2022-05 is included in the Capital
Improvement Program (CIP) with the following budgets: fiscal year (FY) 2022/23 —
$100,000 for Design; and proposed FY 2023/24 — $471,613 for Construction.
Jefferson Street and Highway 111 intersection improvements Project No. 2022-07 was
included in FY 2022/23 CIP with a $487,000 budget appropriation.
BACKGROUND/ANALYSIS
The Cities of Indio and La Quinta have partnered on three shared jurisdictional projects:
• Avenue 50 widening improvements between Jefferson Street and Madison Street;
• Jefferson Street and Highway 111 intersection pavement and grading/drivability
improvements; and
• Jefferson Street rubberized E asphalt slurry improvements between Avenue 50 and
the northern City limits near Dunbar Drive.
On May 3, 2022, Council approved a Cooperative Agreement with the City of Indio for the
three shared jurisdictional projects. Amendment No. 1 to the agreement recommends to
amend the proposed construction and design funding to reflect actual project costs.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Amendment No. 1 to Cooperative Agreement
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