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2022-23 Indio City - LQ Coop Agrmt - Amendment 1 - 3 Projects 2022-05, 2022-07, 2021-17MEMORANDUM ta Qa�&a ( U.11:0KNIA 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