2022-23 Indio City - LQ Coop Agrmt - 3 Projects 2022-05, 2022-07, 2021-17MEMORANDUM
DATE: 12/1/2022
TO: Jon McMillen, City Manager
FROM: Julie Mignogna, Management Analust
RE:
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
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:
Approved by City Council on May 3, 2022
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 aDDlv):
Bid RFP n RFQ [ 3 written informal bids
Sole Source
Select Source U Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
Agreement payment will be charged to Account No.: 401-0000-60188
Agreement term: Start Date 12/1/2022 End Date
Amount of Agreement, Amendment, Change Order, etc.:
$ Project costs approved through amendments
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
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)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
Business License No. N/A Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
COOPERATIVE AGREEMENT
FOR AVENUE 50 IMPROVEMENTS; JEFFERSON STREET AND HIGHWAY 111
INTERSECTION PAVEMENT REHABILITATION PROJECT; AND JEFFERSON
STREET PAVEMENT IMPROVEMENTS WITHIN THE SHARED JURISDICTIONAL
BOUNDARY
This COOPERATIVE AGREEMENT FOR AVENUE 50 IMPROVEMENTS;
JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT;
AND JEFFERSON STREET PAVEMENT IMPROVEMENTS WITHIN THE 4UARED
JURISDICTIONAL BOUNDARY (hereinafter "Agreement") is entered into this 6 day of
� .,e1AA ti(2.- , 2022 between the City of Indio, a California municipal corporation, referred
to herein as "INDIO," and the CITY OF LA QUINTA, a California a municipal corporation and
charter city, referred to herein as "LA QUINTA," collectively referred to as "Contracting Parties"
or "Parties" and individually as "Contracting Party" or "Party."
1.0 SCOPE OF AGREEMENT
1.1
Scope for Project A. In compliance with all terms and conditions of this Agreement,
Contracting Parties hereby agree to design improvements for Avenue 50 from
Jefferson Street to Madison Street. Improvements are proposed to increase capacity,
mitigate flooding, improve driver safety, and increase traffic flow along Avenue 50
from Jefferson Street to Madison Street intersection ("Scope A Project"), depicted in
Exhibit "A" attached hereto and incorporated herein by reference. Contracting Parties
hereby agree that Indio will act as the lead agency and will be responsible to complete
or cause to complete the project management, preliminary design, drainage report,
environmental evaluations, survey, and geotechnical report (collectively referred to
herein as "Scope A Preliminary Professional Services"). Parties hereby agree that the
Scope A Preliminary Professional Services will be publically bid and advertised for
proposals from qualified professional services firms. The approximate cost for Scope
A Preliminary Professional Services is specified in the Design Cost in Exhibit "B"
attached hereto and incorporated herein by reference ("Scope A Project Cost").
Contracting Parties hereby agree that La Quinta shall reimburse Indio for 50% of the
Scope A Project Cost in accordance with the terms of this Agreement. Following the
completion of the Scope A Preliminary Professional Services this agreement may be
amended to include Final Professional Services and Construction.
1.2 Scope for Project B. In compliance with all terms and conditions of this Agreement,
Contracting Parties hereby agree to design improvements at the intersection of
Jefferson Street and Highway 111. The proposed improvements include rehabilitating
the existing asphalt concrete and re -grading the intersection to improve drainage and
driveability ("Scope B Project"), depicted in Exhibit "A" attached hereto and
incorporated herein by reference. Contracting Parties hereby agree that Indio will act
as the lead agency and will be responsible to complete or cause to complete the project
management, preliminary design, environmental evaluations, drainage evaluation,
survey, and geotechnical report (collectively referred to herein as "Scope B
Preliminary Professional Services"). Parties hereby agree to use Professional Services
for the Scope B Preliminary Professional Services provided by a Professional Civil
Engineering firm procured in compliance with local laws, rules, and ordinances
governing procurement previously contracted by Indio. The approximate cost for
Scope B Preliminary Professional Services is specified in the Design Cost in Exhibit
"B" attached hereto and incorporated herein by reference ("Scope B Project Cost").
Contracting Parties hereby agree that La Quinta shall reimburse Indio for 50% of the
Scope B Project Cost in accordance with the terms of this Agreement. Following the
completion of the Preliminary Professional Services this agreement may be amended
to include Final Professional Services and Construction.
1.3 Scope for Project C. In compliance with all terms and conditions of this Agreement,
Contracting Parties hereby agree to construct, finance, operate, and maintain
improvements along Jefferson Street with the shared jurisdictional boundary. The
proposed improvements include crack fill, REAS slurry seal, striping, and localized
dig -outs ("Scope C Project"), depicted in Exhibit "A" attached hereto and incorporated
herein by reference. Contracting Parties hereby agree that Indio will act as the lead
agency and will be responsible to complete or cause to complete the project
management, striping plans, construction management, material testing, and
construction (collectively referred to herein as "Scope C Construction Services").
Parties hereby agree to use services for the Scope C Construction Services provided
by a qualified firms and contractors procured in compliance with local laws, rules, and
ordinances governing procurement previously contracted by Indio. The cost for Scope
C Construction Services is specified in the Project Estimate in Exhibit `B" attached
hereto and incorporated herein by reference ("Scope C Project Cost"). Contracting
Parties hereby agree that La Quinta shall reimburse Indio for 100% of the work
completed under the Scope C Construction Services within the City of La Quinta
jurisdictional boundary in accordance with the terms of this Agreement.
1.3 Compliance with Law. The Scope A Project, Scope B Project, and Scope C Project
(collectively, the "Projects") contemplated herein shall be paid for and constructed in accordance
with all ordinances, resolutions, statutes, rules, regulations, and laws of the Cities of Indio and La
Quinta, County of Riverside, and any Federal, State, or local governmental agency of competent
jurisdiction.
1.4 Wage and Hour Compliance. Contracting Parties shall require all Contractors to
comply with applicable Federal, State, and local wage and hour laws for the Projects.
1.5 Licenses, Permits, Fees and Assessments. Contracting Parties shall require
Contractors to obtain such licenses, permits, and approvals as may be required by law for the
performance of the Projects, and Contractors shall be responsible to pay for any fees, assessments,
and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or
are necessary for the performance of the Projects.
1.6 Familiarity with Project. Contracting Parties shall require, for each of the Projects,
any Contractor to warrant that the Contractor (a) has thoroughly investigated and considered the
Project(s) to be performed, (b) has investigated the site(s) where the Project(s) are to be constructed
and fully acquainted with the conditions there existing, (c) carefully considered how the Project(s)
should be completed, and (d) fully understand the facilities, difficulties, and restrictions attending
completion of the Project(s).
1.7 Additional Services. In accordance with the terms and conditions of this Agreement,
Contracting Parties shall fund and construct the Projects as depicted in Exhibit "A" and the Project
Costs in Exhibit `B". If additional work is required beyond the work contemplated by the scope
of work presented in Exhibit "A" and or the cost presented in Exhibit `B", Contracting Parties
shall not authorize any firm or Contractor to perform such Additional Work until receiving prior
written authorization from all Contracting Parties.
All contract change orders which individually or cumulatively exceed 10% of the bid price
as described in Exhibit `B" for the relevant contract bid items shall be submitted by Indio to La
Quinta for review and approval by La Quinta prior to authorization by Indio. La Quinta shall have
the right to disapprove, in its reasonable discretion, any change order which individually or
cumulatively would exceed 10% of the bid price and the estimates as provided in this Agreement
as part of Exhibit `B".
1.8 Responsibility for Operations and Maintenance Following Project Completion. Upon
completion of the Project, the Contracting Parties shall assume maintenance responsibilities for
the improvements within the respective jurisdictions of the Contracting Parties. Notwithstanding
the previous sentence, any agreement(s) in place prior to this Agreement shall remain in full force
and effect in accordance with the terms and provisions of those preexisting agreements.
2.0 PAYMENT OF COSTS
2.1 Contract Sums. The Contracting Parties acknowledge, agree, and consent that Indio
shall execute a separate agreement with the Coachella Valley Association of Governments
("CVAG") to contribute 75% of outside funding for the Scope A Preliminary Professional
Services. The budget allocation is specified in the Scope A Project Cost in Exhibit `B" attached
hereto and incorporated herein by reference.
For the Scope A Project, Contracting Parties understand that Indio may include the Scope A
Project as part of a larger construction project that would not include either the Scope B Project or
Scope C Project. However, for the portion of work from Jefferson Street to Madison Street, as
contemplated by this Agreement as the Scope A Project, Contracting Parties shall pay a percentage
of the combined total anticipated price in the amount of one hundred sixty-five thousand dollars
($165,000) ("Scope A Project Cost"), as described in more detail in Exhibit "B." CVAG shall
contribute seventy-five percent (75%) of the Scope A Project Cost in accordance with terms of
their agreement referenced in the first paragraph. The remaining twenty-five percent (25%) of the
Scope A Project Cost will be split equally, 50/50, with La Quinta contributing fifty percent (50%)
and Indio contributing fifty percent (50%).
For the Scope B Project contemplated by this Agreement, Contracting Parties shall pay a
combined total price in the amount of fifty-five thousand seven hundred twenty dollars ($55,720)
("Scope B Project Cost"), as described in more detail in Exhibit "B." The Scope B Project Cost
will be split equally, 50/50, by the Contracting Parties, with La Quinta contributing fifty percent
(50%) and Indio contributing fifty percent (50%).
For the Scope C Project contemplated by this Agreement, La Quinta shall pay the total price
in the amount of five hundred forty thousand dollars ($540,000) ("Scope C Project Cost"), as
described in more detail in Exhibit "B." La Quinta shall contribute one hundred percent (100%)
of the Scope C Project Cost, provided the entirety of the work completed is within the City of La
Quinta jurisdiction boundary. Contracting parties acknowledge that the Scope C Project Cost may
vary depending on the final quantities and cost from the contractor.
Indio shall be responsible for any initial payment to any contractor(s) for any of the Projects.
Indio shall invoice La Quinta quarterly. An estimate is provided in Exhibit `B". Such invoice shall
include the period of performance, enumerate the expenses incurred by Indio broken down by
phase of work and track the balance of the La Quinta share of the Projects. Upon submittal of a
complete invoice, La Quinta shall process the invoice for review, approval, and payment within
thirty (30) calendar days. Indio shall make available to La Quinta for review any records, evidence
of Indio's payment of the expenses, CVAG invoices, and payment schedules for all contractors,
Indio, and CVAG.
The Contracting Parties acknowledge that the internal staff costs of Indio and La Quinta
shall be paid for by each Contracting Party and are not included as reimbursements in this
Agreement between each Contracting Party. However, La Quinta may submit periodic summaries
of actual internal costs incurred for the Scope A Project to Indio, and Indio shall submit for
reimbursement from CVAG as reimbursement is available. Indio, after receiving reimbursement
from CVAG, shall reimburse La Quinta for the amount that CVAG has contributed for
reimbursement to La Quinta.
Any Additional Services required shall be approved in advance and paid for in proportional
shares upon obtaining prior written authorization for such Additional Services from all Contracting
Parties.
3.0 COORDINATION OF WORK
3.1 Representative of Contracting Party. The following principals of Contracting Party
("Representatives") are hereby designated as being the representatives of each Contracting Party
authorized to act in its behalf with respect to the Projects specified herein and make all decisions
in connection therewith:
a. Timothy T. Wassil, P.E., P.M.P, C.C.M, Director of Public Works, City of Indio
E-mail: TWassil@Indio.org
b. Bryan McKinney, PE, Public Works Director/City Engineer, City of La Quinta
E-mail: bmckinney@laquintaca.gov
The foregoing Representatives shall be responsible during the term of this Agreement for
directing all activities of their respective Contracting Party. For purposes of this Agreement, the
foregoing Representatives may not be changed without the approval of all Contracting Parties,
which approval shall not be unreasonably withheld or denied.
3.2 Contracting Party Responsibilities. In furtherance of this Agreement, and as the lead
agency for the Project, Indio hereby agrees to complete the following objectives:
Scope A Project and Scope B Project:
(1) To complete the Project Approval and Environmental Document Phase
("PA&ED"), this phase of work includes procuring a design firm, finalizing the
design approach and parameters, and completing the appropriate environmental
documents to secure environmental clearance. Indio shall also secure any necessary
environmental permits.
(2) To prepare Preliminary Plans, Specifications, and Estimates ("Preliminary PS&E")
for the Scope A Project and Scope B Project. Preliminary PS&E shall be prepared
in accordance with the standards and practices of Indio and La Quinta based on
respective jurisdictional boundaries and all applicable laws and regulations therein.
(3)
To identify and locate all utility facilities within the Scope A Project and Scope B
Project areas as part of its project design responsibility. In the event that any
existing public or private utility facitity(ies), including any utility easements, may
or would prevent the completion of the construction work for either the Scope A
Project or Scope B Project, Indio shall make all necessary arrangements with the
owners of such facilities and/or easements for their protection, relocation, or
removal.
(4) To prepare an environmental document to obtain necessary environmental
clearances in accordance with the California Environmental Quality Act (CEQA).
(5)
To apply for a no -fee encroachment permit for work within La Quinta's street
rights -of -way, in accordance with La Quinta standard permit procedures, provided
that La Quinta agrees to cooperate in the issuance of any other required permits
necessary for the Project.
Scope C Project:
(1) To finalize the striping plans as identified in the Scope C Project for approval by
both Indio and La Quinta
(2) To complete the construction services as identified in the Scope C Project, and
provide final accounting and quantity adjustments.
La Quinta, upon submittal by Indio or any employee, or agent, shall review and participate
in the design firm selection for the Scope A Project.
La Quinta, upon completion of and submittal by Indio or any Indio employee or agent, shall
have the right to receive and review any environmental reports, project studies, and preliminary
plans. Indio shall transmit any such environmental reports, project studies, and preliminary plans
to La Quinta no later than three (3) business days of receipt. La Quinta shall review and provide
any comments or approvals to Indio no later than fifteen (15) business days of receipt.
Indio, free of charge, upon application by Indio or any employee, agent, or contractor of
Indio, shall issue the necessary encroachment permits for required work within the Contracting
Party's street right-of-way associated with the Project.
In the construction of the Projects, Indio will furnish or contract for a representative to
perform the function of "Resident Engineer," and La Quinta hereby reserves the right to provide a
representative to assist the Resident Engineer. Representatives from La Quinta may consult with
Indio's Resident Engineer; however, Indio's Resident Engineer's decision shall be considered
final.
3.3 Independent Contractor. The Contracting Parties hereby acknowledge that neither
Contracting Parties nor any employees of Contracting Parties shall have any control over the
manner, mode, or means by which any selected contractor and its agents and employees perform
the services contemplated by the project, except as otherwise set forth herein. Contracting Parties
shall not be liable for compensation or indemnification to contractor for injury or sickness arising
out of performing the services for the Projects, and each of them. Notwithstanding any other city,
state, or federal policy, rule, regulation, law, or ordinance to the contrary, contractor and any of its
employees, agents, and subcontractors providing services for the Projects shall not qualify for or
become entitled to any compensation, benefit, or any incident of employment by Contracting
Parties, including but not limited to eligibility to enroll in the California Public Employees
Retirement System ("PERS") as an employee of Contracting Parties and entitlement to any
contribution to be paid by Contracting Party for employer contributions and/or employee
contributions for PERS benefits.
4.0 INDEMNIFICATION.
4.1 Indemnification by Indio. Indio agrees to indemnify, defend and hold harmless La
Quinta and their respective officials, officers, agents, and employees from and against liability,
expenses (including reasonable attorneys' fees), losses, suits, and actions, and for damages relating
to suits and actions (including bodily injury, death, personal injury, or property damage) arising
from Indio's performance or failure to perform under this Agreement, except to the extent such
liability, expenses, losses, and damages are caused by the negligence or willful misconduct of La
Quinta, in the respective comparative amounts as established by a court of competent jurisdiction
or otherwise stipulated by the Contracting Parties.
4.2 Indemnification by La Quinta. La Quinta agrees to indemnify, defend and hold
harmless Indio and their respective officials, officers, agents, and employees from and against
liability, expenses (including reasonable attorneys' fees), losses, suits, and actions, and for
damages relating to suits and actions (including bodily injury, death, personal injury, or property
damage) arising from La Quinta's performance or failure to perform under this Agreement, except
to the extent such liability, expenses, losses, and damages are caused by the negligence or willful
misconduct of Indio, in the respective comparative amounts as established by a court of competent
jurisdiction or otherwise stipulated by the Contracting Parties.
4.3 Indemnification from Contractor. Contracting Parties shall require each and every
contractor performing work for the Projects to indemnify, defend, and hold harmless, to the
maximum extent allowable by law, the Contracting Parties for that work performed on the Projects
by the Contractor.
5.0 RECORDS AND REPORTS.
5.1 Records. Contracting Parties shall keep such ledgers, books of accounts, invoices,
vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other
documents relating to the Projects ("Books and Records") for three (3) years following completion
of the Project. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The Contracting
Parties shall have full and free access to such Books and Records of any other Contracting Party
at all times during normal business hours, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. To the extent allowed under local, state,
and federal law, Indio shall include this clause in all service contracts receiving payment under
this Agreement.
5.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs,
studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium
prepared or caused to be prepared for the Projects (the "Documents and Materials") shall be the
joint property of all Contracting Parties. Any Contracting Party shall be entitled to use or reuse
such completed Documents and Materials for other projects and/or use uncompleted documents
for any purpose.
6.0 ENFORCEMENT OF AGREEMENT.
6.1 California Law. This Agreement shall be interpreted, construed, and governed both
as to validity and to performance of the Contracting Parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Riverside,
State of California, or any other appropriate court in such county, and Contracting Parties covenant
and agree to submit to the personal jurisdiction of such court in the event of such action.
6.2 Disputes. In the event of any dispute arising under this Agreement, the injured
Contracting Party shall notify the remaining Contracting Parties in writing of its contentions by
submitting a claim therefore. The injured Contracting Party shall continue performing its
obligations hereunder so long as the injuring Contracting Party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such default within forty-
five (45) days after service of the notice or as soon thereafter as practicably may be accomplished,
provided that if the default is an immediate danger to the health, safety, or general welfare, the
injured Contracting Party may take such immediate action as deemed warranted. Compliance with
the provisions of this Section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any Contracting Party's
right to take legal action in the event that the dispute is not cured.
6.3 Waiver. No delay or omission in the exercise of any right or remedy of a non -
defaulting Contracting Party on any default shall impair such right or remedy or be construed as a
waiver. Contracting Parties' consent or approval of any act by any other Contracting Party
requiring consent or approval shall not be deemed to waive or render unnecessary consent to or
approval of any subsequent act of Contracting Party. Any waiver by any Contracting Party of any
default must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
6.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Contracting
Parties are cumulative and the exercise by any Contracting Party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by another Contracting Party.
6.5 Legal Action. In addition to any other rights or remedies, any Contracting Party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
6.6 Attorneys' Fees. If any Contracting Party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing Contracting Party in such action or proceeding, in addition to any other relief which
may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees;
provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the
hourly rate paid by such Contracting Party for legal services multiplied by the actual hours spent
by the prevailing Contracting Party in the conduct of the litigation. Attorneys' fees shall include
attorneys' fees on any appeal, and in addition a Contracting Party entitled to attorneys' fees shall
be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment. The court may set such fees in
the same action or in a separate action brought for that purpose.
7.0 OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
7.1 Non -liability of Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of any Contracting Party shall be personally liable to any Contracting
Party, or any successor in interest, in the event of any default or breach by any Contracting Party
or for any amount which may become due to Contracting Party or to its successor, or for breach
of any obligation of the terms of this Agreement.
7.2 Conflict of Interest. Contracting Parties covenant that neither Contracting Parties, nor
any officer or principal thereof, has or shall acquire any interest, directly or indirectly, which would
conflict in any manner with the interests of Contracting Parties or which would in any way hinder
Contracting Parties' performance of this Agreement. Contracting Parties agree to at all times avoid
conflicts of interest or the appearance of any conflicts of interest in the performance of this
Agreement.
No officer or employee of any Contracting Party shall have any financial interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial interest of
any corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any local or State statute or regulation.
7.3 Covenant against Discrimination. Contracting Parties covenant that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of any
classification protected by any law, including, but not limited to, race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement.
Contracting Parties shall take affirmative action to ensure employees and contractor's employees
and agents are treated during employment without regard to classification protected by any law,
including but not limited to their race, color, creed, religion, sex, marital status, sexual orientation,
national origin, or ancestry.
8.0 MISCELLANEOUS PROVISIONS
8.1 Notice. Any notice, demand, request, consent, approval, or communication any
Contracting Party desires or is required to give to any other Contracting Party shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth below. Any
Contracting Party may change its address by notifying the other Contracting Party of the change
of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time
of mailing if mailed as provided in this Section.
To City of Indio
P.O. Box Drawer 1788/100 Civic Center
Indio, CA 92201
Attn: City Manager
Telephone: (760) 391-4000
FAX No.: (760) 391-4008
To City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
Telephone: (760) 777-7000
8.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against any Contracting Party by
reason of the authorship of this Agreement or any other rule of construction which might otherwise
apply.
8.3 Section Headings and Subheadings. The section headings and subheadings contained
in this Agreement are included for convenience only and shall not limit or otherwise affect the
terms of this Agreement.
8.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire,
complete, and exclusive expression of the understanding of the Contracting Parties. It is
understood that there are no oral agreements between the parties hereto affecting this Agreement
and this Agreement supersedes and cancels any and all previous negotiations, arrangements,
agreements, and understandings, if any, between the Contracting Parties, and none shall be used
to interpret this Agreement.
8.6 Amendment. No amendment to or modification of this Agreement shall be valid
unless made in writing and approved by all Contracting Parties. The Contracting Parties agree that
this requirement for written modifications cannot be waived and that any attempted waiver shall
be void.
8.7 Severability. In the event that any one or more of the articles, phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles,
phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared
as severable and shall be interpreted to carry out the intent of the Contracting Parties hereunder
unless the invalid provision is so material that its invalidity deprives any Contracting Party of the
basic benefit of their bargain or renders this Agreement meaningless.
8.8 No Third Party Beneficiaries. With the exception of the specific provisions set forth
in this Agreement, there are no intended third -party beneficiaries under this Agreement and no
such other third parties shall have any rights or obligations hereunder.
8.9 Authority. The persons executing this Agreement on behalf of each of the
Contracting Parties hereto represent and warrant that (i) such Contracting Party is duly organized
and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said
Contracting Party, (iii) by so executing this Agreement, such Contracting Party is formally bound
to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any
provision of any other Agreement to which said Contracting Party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors, and assigns of the Contracting
Parties.
8.10 Electonic Signatures and Counterparts. This Agreement may be executed in any
number of counterparts, each of which will be an original, but all of which together will constitute
one instrument. Each Contracting Party of this Agreement agrees to the use of electronic
signatures, such as digital signatures that meet the requirements of the California Uniform
Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this
Agreement. The Contracting Parties further agree that the electronic signatures of the Contracting
Parties included in this Agreement are intended to authenticate this writing and to have the same
force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or
process attached to or logically associated with an electronic record and executed or adopted by a
person with the intent to sign the electronic record pursuant to the CUETA as amended from time
to time. The CUETA authorizes use of an electronic signature for transactions and contracts among
Contracting Parties in California, including a government agency. Digital signature means an
electronic identifier, created by computer, intended by the Contracting Party using it to have the
same force and effect as the use of a manual signature, and shall be reasonably relied upon by the
Contracting Parties. For purposes of this section, a digital signature is a type of "electronic
signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Contracting Parties have executed this Agreement as of the dates
stated below.
CITY OF INDIO,
a California municipal corporation
BRYAN H. MONTGOMERY, City Manager
Dated:
ATTEST:
CYNTHIA HERNANDEZ, CMC, City Clerk
Indio, California
APPROVED AS TO FORM:
Steven Graham, 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:
l"--- ' -Dated: 52/7 ZO2,2
eMillen, City Manager
ATTEST:
Monika Radeva, City lerk
City of La Quinta , Ca ifornia
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
City of La Quinta , California
Exhibit A
Project A Improvement Scope and Exhibit
The Summary of Scope of Services for Avenue 50 from Jefferson Street and Madison Street Project is
as follows:
1. Conduct existing utility research for all utilities within the project limits to identify, locate,
and layout all above and underground improvements.
2. Prepare required environmental document.
3. Prepare drainage report.
4. Prepare preliminary plans, specifications, and estimate for Avenue 50 between Jefferson
Street and Madison Street — Improve this corridor to the modified ultimate condition with two
lanes in each direction, bike lanes on each side, sidewalk on north side of Avenue 50, DG trail
on southside of Avenue 50, and drainage system. Additional modifications to the the City of
La Quinta ultimate condition include 11-foot wide parkway and raised median only where
they currently exist and where needed to restrict traffic movements.
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Project Area
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Exhibit A
Project B Improvement Scope and Exhibit
The Summary Scope of Services for the Jefferson Street and Highway 111 Intersection Pavement
Rehabilitation Project is as follows:
1. Prepare a Geotechnical Report to determine the rehabilitation method for the pavement within
the intersection of Jefferson Street and Highway 111.
2. Prepare preliminary plans that adjust the finished surface grades to accommodate proper
drainage conveyance throughout the intersection and into existing drainage inlets and that
improves driveability.
3. Prepare Drainage Memo for the existing drainage system.
Exhibit A
Project C Improvement Scope and Exhibit
The Summary Scope of Services for the Jefferson Street Crack Fill and REAS Slurry is as follows:
City of La Quinta: Approximately 785,000 square feet
Project Includes:
• REAS slurry
• Crack fill
• Striping
• Small asphalt repairs
EVERSON STREET
SLURRY SEAL 1
Exhibit B
Anticipated Project A Cost Estimate
Avenue 50 from Jefferson Street and Madison Street Project
Note: Actual costs will be determined after Design Firm is awarded work
Item
CVAG Share
75%
City of
Indio Share
50%
City La
Quinta Share
50%
Total
City Project Management
$9,750.00
$1,625.00
$1,625.00
$13,000.00
Designer Project Management
$6,750.00
$1,125.00
$1,125.00
$9,000.00
Survey
$13,500.00
$2,250.00
$2,250.00
$18,000.00
Utility Research
$1,500.00
$250.00
$250.00
$2,000.00
Geometric Drawings
$12,750.00
$2,125.00
$2,125.00
$17,000.00
Geotechnical Analysis
$7,500.00
$1,250.00
$1,250.00
$10,000.00
Hydraulic Analysis
$6,000.00
$1,000.00
$1,000.00
$8,000.00
Agency Coordination
$1,125.00
$187.50
$187.50
$1,500.00
CEQA Determination
$22,500.00
$3,750.00
$3,750.00
$30,000.00
Preliminary Plans and Cost Estimate (30%)
$30,375.00
$5,062.50
$5,062.50
$40,500.00
Utility Coordination
$2,250.00
$375.00
$375.00
$3,000.00
Obtain Preliminary Title Report & Examination
$7,500.00
$1,250.00
$1,250.00
$10,000.00
Utility Coordination
$2,250.00
$375.00
$375.00
$3,000.00
Total
$123,750.00
$20,625.00
$20,625.00
$165,000.00
Exhibit B
Project B Cost Estimate
Jefferson Street and Highway 111 Intersection Pavement Rehabilitation Project
Item
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
$ 11,870
Preliminary Drainage Investigation
S 2,821.00
$ 2,821.00
$ 5,642
Preliminary Design
$ 9,357.00
$ 9,357.00
$ 18,714
Preliminary Cost Estimate
S 775.00
$ 775.00
$ 1,550
Total
$ 27,860.00
$ 27,860.00
$ 55,720
Exhibit B
Project C Cost Estimate
Jefferson Street Crack Fill and REAS Slurry
Construction cost estimate for La Quinta's portion on Jefferson: $540,000
• Approx. 785,000 Sq. ft.
Includes:
• REAS slurry
• Crack fill
• Striping
• Small asphalt repairs
BUSINESS SESSION ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING: May 3, 2022
STAFF REPORT
AGENDA TITLE; APPROVE 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 SLURRY IMPROVEMENTS
RECOMMENDATION
A. Appropriate funding in the amount of $594,000 for Jefferson Street Slurry
Improvements.
B. Approve a 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 finalize and execute the agreement.
EXECUTIVE SUMMARY
• This Cooperative Agreement will cover three separate projects with
shared jurisdictional boundaries:
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
• Avenue 50 Improvements and Jefferson Street and Highway 111
Intersection Improvements are included in the Fiscal Year (FY) 2022/23
Capital Improvement Program (CIP).
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• Staff is requesting funding for Jefferson Street Slurry Improvements for
the construction phase.
• 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.
FISCAL IMPACT
Staff requests $594,000 of General Fund monies be appropriated for the
construction phase of Jefferson Street Slurry Improvements. This budget
includes a 10% contingency.
Avenue 50 Improvements are included in the CIP under development (Project
No. 2022-05) with the following budget: FY 2022/23 $100,000 for Design; and
FY 2023/24 $471,613 for Construction.
Jefferson Street and Highway 111 Improvements are included in the CIP under
development (Project No. 2022-07) with the following budget: FY 2022/23
$487,000.
BACKGROUND/ANALYSIS
The City of Indio and the City of La Quinta have discussed and identified
opportunities to partner on three shared jurisdictional projects:
• Avenue 50 widening improvements between Jefferson Street and Madison
Street
o This project is within the City's Transportation Needs Analysis and
will be reimbursed by CVAG for 75% of the project costs.
o Improvements will widen corridor to the modified ultimate
condition
• Two lanes in each direction
• Bike lanes on each side
■ Sidewalk on north side of Avenue 50
■ Decomposed granite trail on southside of Avenue 50
• Improved drainage system
• Jefferson Street and Highway 111 intersection pavement and
grading/drivability improvements
o This intersection has been identified by Staff and Residents as a
priority project to improve the pavement quality and drivability
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• Jefferson Street Slurry Improvements between Avenue 50 and the
Northern City Limits near Dunbar Drive
o Staff recommends including this project to complete improvements
within the shared jurisdiction corridor while the City of Indio is
performing slurry operations. Improvements will include buffered
bike lanes.
Schedule:
• Avenue 50 Improvements: City of Indio is in the process of procuring a
Design Consultant
• Jefferson Street and Highway 111: Preliminary Design is underway
• Jefferson Street Slurry Improvements: City of Indio is anticipated to start
construction by the end of May 2022
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Cooperative Agreement
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