Indio, City/Jefferson Median (Coop Agrmt) 07I
COOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION OF
JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS
This aqreement (hereinafter "Agreement") entered into this 26� day of
t , 2007, is between the City of La Quinta, a municipal
core ration and charter city, referred to herein as "LA QUINTA," and the
City of Indio, a municipal corporation, referred to herein as "INDIO." LA
QUINTA and INDIO are collectively referred to in this Agreement as
"PARTIES."
.1Yi1iNAM14
(1)LA QUINTA and INDIO desire to install median island irrigation and
landscaping, referred to herein as the "PROJECT," on Jefferson Street
from Indio Blvd to Highway 111 and desire to specify the terms and
conditions under which the PROJECT is to be engineered, constructed,
financed, operated and maintained as well as the obligations and
responsibilities of the PARTIES.
(2) The PROJECT location is jointly owned Forty -Five percent (45%) by
LA QUINTA and Fifty -Five percent (55%) by INDIO.
(3) The City of La Quinta has applied for and received 2005
Transportation Enhancement Funding for the Project in the amount of
$445,190.
(4) LA QUINTA agrees to contribute 45% of the estimated Local share
cost to complete the PROJECT. The preliminary estimate of the Local
Share of PROJECT's cost is $804,189. Therefore, LA QUINTA's
contribution is estimated to be $361,136.
(5) INDIO agrees to contribute 55% of the estimated cost to complete the
PROJECT. The preliminary estimate of the Local Share of PROJECT's
cost is $804,189. Therefore, INDIO's contribution is estimated to be
$443,053.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the PARTIES agree as follows:
Section I
LA QUINTA AGREES:
(1) To pay an amount equal to forty-five percent (45%) of the Local Share
of PROJECT costs for construction, design, engineering,
inspection/testing/survey, contingency and administrative costs as
described on attached Exhibit "A."
(2) To prepare Plans, Specifications and Estimates (PS&E) for the
PROJECT. PS&E are to be prepared in accordance with the Standard
Plans and Specifications for Public Works Construction, the standards
and practices of LA QUINTA and all applicable laws and regulations.
(3)To have final design documents and drawings for the PROJECT
prepared by or under the direction of a Civil Engineer or Landscape
Architect registered and licensed in the State of California, and that
the specifications, each set of plans and any reports shall bear the
professional seal, certificate and signature of the professional engineer
or architect responsible for their preparation.
(4) To apply for any necessary encroachment permits for work within the
INDIO street right-of-way, in accordance with INDIO standard permit
procedures; provided however, that INDIO agrees to cooperate in the
issuance of any required permits necessary for the PROJECT as
described in Section II below.
(5) To advertise, award and administer a public works contract for the
construction of the PROJECT improvements.
(6) To retain or cause to be retained for audit by INDIO or other
governmental auditors for a period of three (3) years from the date of
final payment, all records and accounts relating to construction of the
PROJECT.
(7) Upon completion of the PROJECT, to furnish INDIO a complete set of
full-sized reproducible "Drawing of Record" plans and refund any
unexpended funds belonging to INDIO.
(8) To enter into a maintenance agreement with INDIO, whereby LA
QUINTA will maintain and operate the median island landscape from
Fiesta Drive to Highway 111. Indio will maintain and operate the
median island landscape from Indio Boulevard to Fiesta Drive.
(9) LA QUINTA will pay thirty seven percent (37%) and INDIO will pay
sixty three percent (63%) of the maintenance and energy costs for the
median island landscape from Indio Boulevard and Fiesta Drive.
Section II
INDIO AGREES:
(1) To pay an amount equal to fifty-five percent (55%) of PROJECT costs
for construction, design, engineering, inspection/testing/survey,
contingency and administrative costs as described on attached Exhibit
„A„
(2) To deposit with LA QUINTA within thirty (30) days of receipt of billing
therefore the amount of $443,053 which figure represents INDIO's
estimated PROJECT share of the cost of preliminary engineering,
construction, construction engineering and administration, as required
to complete the PROJECT. In no event will INDIO's obligation for all
anticipated costs' under this Agreement exceed 115% of INDIO's
estimated costs, as listed in Exhibit "A", provided that INDIO may, at
its sole discretion, in writing, authorize a greater amount. However,
this does not obligate LA QUINTA in any way to provide additional
funds for the PROJECT.
(3) To issue, free of charge, upon application by LA QUINTA or LA
QUINTA's contractor, the necessary encroachment permits for
required work within the INDIO streets right-of-way.
(4) To enter into a maintenance agreement with LA QUINTA, whereby LA
QUINTA will maintain and operate the median island landscape from
Fiesta Drive to Highway 111. Indio will maintain and operate the
median island landscape from Indio Boulevard to Fiesta Drive.
(5) LA QUINTA will pay thirty seven percent (37%) and INDIO will pay
sixty three percent (63%) of the maintenance and energy costs for the
median island landscape from Indio Boulevard to Fiesta Drive.
Section IIII
IT IS MUTUALLY AGREED AS FOLLOWS:
(1)The total cost of PROJECT is estimated to be $1,249,379.
(2) Upon opening bids for construction of the PROJECT, if bids indicate a
cost overrun of no more than 15% of the project cost estimate as
described in Exhibit "A," LA QUINTA may award the contract.
(3) If, upon opening of bids, it is found that a cost overrun exceeding
15% of the construction cost estimate will occur, INDIO, and LA
QUINTA shall endeavor to negotiate in good faith to agree upon an
alternative course of action. If, after sixty (60) calendar days from the
date of bid opening, an alternative course of action is not agreed
upon, this Agreement shall be deemed to be terminated by mutual
consent and without further action, with each agency sharing incurred
costs in accordance with the cost shares as set forth in Section I,
Article (1), Section Il, Article (1), and Section III, Article (1).
(4) All contract change orders exceeding 15% of the bid price for the
relevant contract bid items shall be submitted by LA QUINTA to INDIO
for review and approval prior to authorization by LA QUINTA to
construction contractor.
(5) In construction of said work, LA QUINTA will furnish a representative
to perform the function of Resident Engineer, and INDIO may furnish a
representative. INDIO's representative may consult with LA QUINTA's
representative, but LA QUINTA's decision shall be considered final.
(6) No alteration or variation of the terms of this Agreement shall be valid
unless made in writing and signed by all parties, and no oral
understanding or agreement not incorporated herein shall be binding
on either party hereto.
(7) Upon completion of all work under this Agreement, ownership and title
to, all materials, equipment, and appurtenances installed will be jointly
shared in the ratio of forty-five percent (45%) LA QUINTA, fifty-five
percent (55%) INDIO.
(8) Neither INDIO nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or
omitted to be done by LA QUINTA under or in connection with any
work, authority or jurisdiction delegated to LA QUINTA under this
Agreement unless such damage or liability is the result of INDIO's
misconduct or negligence. It is further agreed that, pursuant to
Government Code Section 895.4, LA QUINTA shall fully indemnify
and hold INDIO harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by LA QUINTA under or in
connection with any work, authority or jurisdiction delegated to LA
QUINTA under this Agreement except to the extent that such injury
results from INDIO's own misconduct or negligence.
(9) Neither LA QUINTA nor any other officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything
done or omitted to be done by INDIO under or in connection with any
work, authority or jurisdiction delegated to INDIO under this
Agreement. It is also agreed that, pursuant to Government Code
Section 895.4, INDIO shall fully indemnify and hold LA QUINTA
harmless from any liability imposed for injury (as defined by
Government Code Section 810.98) occurring by reason of anything
done or omitted to be done by INDIO under or in connection with any
work, authority or jurisdiction delegated to INDIO under this
Agreement.
NOTICES:
Any notice required to be sent pursuant to this Agreement shall be
sent by regular mail, addressed as indicated in the signature blocks which
follow:
(The remainder of this page is intentionally left blank)
CITY OF INDIO
City of Indio
Glenn Southard, City Manager
100 Civic Center Mall
Indio, CA 92202
Dated: y
By:
Ben Godfrey, May
ATTEST
By: ti
Cy thia Hernandez,
City Clerk
APPROV J S TO FORM:
By: --�
Edward Kotkin
City Attorney
CITY OF LA QUINTA
City of La Quinta
Tom Genovese, City Manager
P.O. Box 1504
La Quinta, CA 92247-1504
78-495 Calle Tampico
La Quinta, CA 92253
Dated:
By. � 9:Xtir�
Stanley Sniff,
Mayor Pro Tem
ATTEST:
By:
1A Ve nica J. Montecino,
f� City Clerk
APPROVED AS TO FORM:
r
By: '
M. Kath rive Jerfe6fi,
City Attorney
EXHIBIT "A"
COOPERATIVE AGREEMENT
DESIGN AND CONSTRUCTION OF
JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS
From Indio Blvd to Highway 111
COMBINED
INDIO (55%)
LA QUINTA (45%)
Construction
Design
Design
$ 925,295.00
509,467.00
$415,828.00
Inspection/Testing/Survey
$ 92,529.50
$
$50,946.70
$41,582.80
Administration
71,710.36
$39,483.69
$32,226.67
SUB -TOTAL:
$ 46,264.75
$25,473.35
$20,791.40
Contingency
$ 1,135,799.61
$625,370.74
$510,428.87
SUB -TOTAL:
$ 113,579.96
$62,537.07
$51,042.89
$ 1,249,379.57
$687,907.82
$561,471.76
TOTAL ESTIMATED COST:
TE FUNDS
$1,249,379.67
$687,907.82
$561,471.76
LOCAL SHARE
$445,190.00
$244,864.60
$200,335.50
$804,189.67
$443,053.32
$361,136.26
LA QUINTA 45 PERCENT PROJECT SHARE:
361,136.26
INDIO 55 PERCENT PROJECT SHARE:
443,053.32
As of: July 12, 2007
-2om=
4
OF MEMORANDUM
TO: 6Ck J.-Spevacek, City Manager
FROM: lit
by R. Jonasson, Public Works Director/City Engineer
DATE: November 18, 2015
RE: Amendment No. 1 to Cooperative Agreement between City of La Quinta
and City of Indio for Street Sign Maintenance within Jefferson Street
Medians
Attached for your review and signature is Amendment No. 1 to the 2007 Cooperative
Agreement between La Quinto and Indio, clarifying street sign maintenance
responsibility in the Jefferson Street medians from Highway 111 north to Indio
Boulevard.
Reviews and signatures are conducted electronically via the TRAKiT system. Please
provide your electronic signature and advise the City Clerk once you have done so. The
City Clerk will continue with full execution and final distribution of the amendment.
Requesting department shall check and attach the items below as appropriate!
N/A Contract payments will be charged to account number:
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
— no reportable interests in LQ or _ reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not
-
---------
meet the definition in FPPC regulation 18701(2),
Authority to execute this agreement is based upon:
-X- Approved by the City Council on Novembey 17, 2015 (date)
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000 = 10% max, contracts over $100,000 = $25,000 max
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on __J
N/A Performance bonds as required by the agreement (originals)
City of La Quinta Business License (copy or note number & expiration date here No,:
rjrjTd7j,r#Tj qjjqj�,L *grjipiljli�l
THIS AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT FOR TH
DESIGN AND CONSTRUCTION OF JEFFERSON STREET MEDIAN ISLAND,
LANDSCAPE IMPROVEMENTS ("Amendment No. 1") is made and entered into as
this day of November 2015 ("Effective Date"), by and between the CIT
T OF INDIO ("Indioa California municipal corporation, and the CITY OF LA QUIN
("La Quinta"), a California municipal corporation.
lima%
A. On or about April 18, 2002, Indio and La Quinta entered into a
Memorandum of Understanding for Landscaping, Landscape Lighting, and Irrigation
Facilities for Jefferson Street Medians — Highway 111 to Avenue 54 ("MOU"). The MOU
sets forth terms and conditions related to landscaping and irrigation improvements in
the Jefferson Street medians between Highway 111 and south to Avenue 54. The term
of the original MOU has no expiration date.
B. On or about August 8, 2007, Indio and La Quinta entered into
Cooperative Agreement for the Design and Construction of Jefferson Street Medi
Island Landscape Improvements ("Cooperative Agreement"). The Cooperati
Agreement sets forth terms and conditions related to landscaping and irrigati
improvements in the Jefferson Street medians between Highway 111 and north to Ind's
Boulevard. The term of the original Cooperative Agreement has no expiration date.
various points, the border between the city limits of La Quinta and Indio,
respectively, is situated within the medians on Jefferson Street.
D Indio and La Quinta now wish to amend the Cooperative Agreement by
this Amendment No. 1, and by separate amendment (of or about even it as this
Amendment No. 1) to the MOU, to include terms and conditions relating to Jefferson
Street median signage located within areas of the medians more particularly described
below.
�3iTijwlj
In consideration of the foregoing Recitals, which are a substantive part of thm
Amendment, and the covenants and promises hereinafter contained, and for good an
valuable consideration, the sufficiency and receipt of which are hereby acknowledge
the parties hereto agree as follows:
1 . La Quinta agrees to maintain the signage within the medians on Jeffers
Street from Westward Ho Drive soHighway 111. La Quinta agrees to p
signage maintenance costs incurred within this area.
I
uth to
2. Indio agrees to maintain the signage within the medians on Jefferson
Street from Westward Ho Drive north to Indio Boulevard. Indio agrees to it signage-,
maintenance costs incurred within this area.
3. For purposes of this Amendment No. 1: (a) "signage" means official traff�
control signs that are intended to be permanent (or temporary for constructi 0
purposes) and meant to assist the general public when using Jefferson Street by vehic
'I or as a pedestrian, such as "one way"Mirectional, and "speed limit" signs, but excludin
any custom or internally illuminated signs, such as street name signs affixed to traff 111
signals; (b) "signage maintenance" means the repair and/or replacement of existin,
signs by either La Quinta or Indio; and (c) "maintenance costs" means repair an$
replacement costs. I
4. Except for specifically amended by this Amendment No. 1, the terms and
conditions of the Cooperative Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Indio and La Quinta have executed this Amendment
No. 1 to the Cooperative Agreement.
CITY OF LA QUINTA
Digitally signed by Frank J. Spevacek
DN:
serialNumber=l n615nh01202cvmj,
c=US, st=California, I=La Quinta,
o=Frank J. Spevacek, cn=Frank J.
Spevacek
Date: 2015.11.30 12:28:42 -08'00'
all —WIN
Digitally signed by Susan Maysels
DN: serial Number=j4r7l lig 1 ppsr45f,
S441A,� OW�l c=US, st=California, I=La Quinta,
o—Susan Maysels, cn—Susan Maysels
Date: 2015,11.30 13:27:16 -08'00'
III r.-JAM, I I I Lola I in
UW=16"T :UXTINMEORKS-TIOL M
WILLIAM IHRKE, City Attorney
La Quinta, California
a
CYNTHIA HERNANDEZ, City Clerk
Indio, California
ROXANNE M. DIAZ, City Attorney
Indio, California
01