Loading...
HomeMy WebLinkAboutA9289 - DESERT AIDS PROJECT, INC.wNTRACT ABSTRACT Contract Company Name: Desert Aids Project, Inc. ("DAP Health") Company Contact: David Brinkman; 760-323-2118; DBrinkmari@DAPHealth.org Summary of Services: Agreement for disbursement and use of funds (Capital Campaign Contribution - DAP Health) Contract Price: $2,809,000 Funding Source: 1001060-40105 General Fund, non -departmental. Contractual Services Contract Term: N/A. Agreement for disbursement and use offunds — Capital Campaign Contribution - DAP Health Contract Administration Lead Department: Department of Finance and Treasury Contract Administrator: Evelyn Beltran Contract Approvals Council Approval: 6/30/2022 2C-1 Resolution Number: 25034 Agreement Number: A9289 Contract Compliance Exhibits: Signatures: Insurance: N/A Bonds: N/A Contract Prepared By: City Manager's Office / City Attorney? (not sure — EB) Submitted on: November 7, 2022 By: Evelyn Beltran AGREEMENT FOR DISBURSEMENT AND USE OF FUNDS BETWEEN THE CITY OF PALM SPRINGS AND DAP HEALTH This Agreement for Disbursement and Use of Funds ("Agreement") is entered into this %' day of fdrw4r,-1 ba+' , 20Z2; by and between the CITY OF PALM SPRINGS ("City") and Desert AIDS Project, Inc., a Palm Springs non-profit healthcare organization, dba DAP Health ("Recipient"). City and Recipient are sometimes referred to individually as Party and collectively as Parties. RECITALS A. The City allocated $2,809,000 in available unassigned General Fund Balance to Recipient during the Fiscal Year 2022/2023 budget process for the purpose of completing a capital construction project. B. Recipient has submitted or will submit a request to City for disbursement of funds to be used as specified in Exhibit "A", attached hereto and incorporated herein by reference. C. City has considered Recipient's request and desires to approve the disbursement of $20$09, cxYl—°�o Recipient, to be used as specified in Exhibit "A", subject to the terms and conditions set forth herein. AGREEMENT 1. Disbursement and Use of Funds. Within 30 days of City's receipt of an invoice from Recipient, City shall disburse the Funds to Recipient in a manner convenient to City. Recipient shall use the Funds as specified in Exhibit "A", and shall not use the Funds for any other purpose. 2. Maintenance of Records. Recipient shall keep, preserve, and maintain, for a period of at least three years commencing on the date of City's disbursement of Funds to Recipient, all documents and records of any kind relating to Recipient's use of the Funds. 3. Right to Inspect and Audit. The City may inspect and audit all of Recipient's documents and records relating to the Recipient's use of the Funds to ensure compliance with this Agreement and to ensure Recipient uses the Funds for authorized purposes. Recipient shall make such documents and records available to City, at the place and in the manner and form specified by City, within 15 days following City's request for such documents and records. Recipient shall furthermore grant City's employees or agents access to any land, facilities, or improvements relating to Recipient's use of the Funds, within a reasonable amount of time after City issues written notice to Recipient requesting such access. 4. Prevailing Wa eg Laws. Recipient is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and 1 5 5 575.18 1 00\40608239. 1 "maintenance" projects. If the Recipient's use of the Funds constitutes or involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Recipient agrees to fully comply with such Prevailing Wage Laws. Recipient shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Recipient, its consultants, and all subconsultants to comply with all applicable California Labor Code provisions, which may include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If Recipient's use of the Funds constitutes or involves an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Recipient, its consultants, and all subconsultants must be registered with the Department of Industrial Relations. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Recipient's sole responsibility to comply with all applicable registration and labor compliance requirements. 5. Indemnification. To the fullest extent permitted by law, Recipient agrees to defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgements, demands and defense costs, arising out of or in connection with this Agreement or Recipient's use of the Funds, except if such loss or damage resulted from the sole gross negligence or willful misconduct of the City. 6. Authority to Enter Agreement. Recipient and City each respectively represent, covenant, and warrant that they are authorized to enter into and execute this Agreement and to bind each respective Party. 7. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. [signatures on the following page] 2 55575. 18100\40608239.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. RECIPIENT Desert AIDS Project, Inc., a Palm Springs non- profit healthcare organization, dba DAP Health By: Name: David Brinkman Title: CEO CITY 7clu M SPRINGS By: C-%/"- City Manager APPROVED AS TO FORM: By: / JeffAdlingrr City Attorney 55575.18100W0608239.1 M-MOILL-11 IT,�� EXHIBIT A Approved Use of Funds (Attachment Behind This Page) ICI EXIBIT A City of Palm Springs — DAP Health Campus Expansion — Scope of Work - Budget Justification Recipient: Desert AIDS Project d/b/a/ DAP Health (DAP) Service Site Address: 1695 N Sunrise Way, Palm Springs, CA 92262 Project Type: Campus Expansion - Facilities Alteration/Renovation/Construction Project Name: DAP Health Campus Expansion Project Total Funding Request: $2,809,000 Scone of Work: Three components of DAP's campus expansion project: 1) campus site improvements with new west driveway alignment; 2) pavilion expansion; and 3) three HVAC unit replacements required for DAP's Federally Qualified Health Center clinics. 1. Campus Site improvements with New West Driveway Alignment: City of Palm Springs Request $1,600,000. The project consists of architectural and engineering services plus construction for reconfiguring the entry drive from Vista Chino; reconfiguring parking and drop-off areas to accommodate the new Pavilion building; eliminating the central alley between DAP's main facility and the 200 Suites Building; making improvements to site utilities related to increased demand of electrical, communication/data, sewer, water, and fire protection. Providing installation of new hardscape and landscaping, new building pad preparation; new shade structures; and site lighting. SCOPE OF WORK - A. Architectural, Civil engineering, Landscape architectural, Geotechnical Engineering, and Surveyor services for design and permit plans B. Construction for 1. Demolition of existing asphaltic driveway, curbs, and sidewalks 2. Demolition of existing landscape, site furnishing, and site fencing 3. Demolition of underground utilities 4. Demolition of exiting outdoor structures, porches, and arcades 5. Rough earthwork grading and fine grading for new aligned driveway 6. Import and export earth soils 7. Preparation of new building pad adjacent to existing buildings 8. Upgrade or increase domestic water and fire water utilities 9. New on -site street and parking lot curbs/gutters and V cross gutters 10. New on -site concrete walks, ramps, walks 11. New on -site decorative concrete driveway and connection to existing asphaltic parking driveways 12. New on -site decorative vehicular drop off 13. New on -site metal fencing and posts 14. New landscape and Irrigation System with Site furnishings 2. New Pavilion Expansion: City of Palm Spring Request $709,000. The New Pavilion Building is the focal point of DAP Health's integrated campus, serving as the main entrance for access to DAP's Health Center and client wellness services. The Northwest portion of the Pavilion includes a Pharmacy Wing with a dedicated laboratory diagnostic testing site, Gallery, and connection to West Corridor. The Southwest expansion includes a modified multipurpose room, and connection to the 200 Suites Building, accommodating after-hours access to DAP's Sexual Wellness Clinic. The East expansion includes a public cafe, a part of DAP's job training program. SCOPE OF WORK (this work pertains to the site work at the new Service driveway facing EAST) A. Architectural, Civil engineering, Landscape architectural Geotechnical Engineering, and Surveyor services for design and permit plans B. Construction for 1. Demolition of existing asphaltic driveway, landscape, curbs, and sidewalks 2. Demolition of existing ramp, fencing, and pedestrian gate 3. Demolition of underground utilities 4. Demolition of exiting outdoor structures, porches, and arcades 5. Relocation of fire water and fire hydrant 6. Rough earthwork grading and fine grading for new terrace 7. Import and export earth soils 8. Preparation of terrace pad 9. Preparation of increased trash enclosure pad 10. Upgrade or increase sewer and gas utility 11. New on -site street and parking lot curbs/gutters and crosswalk 12. New on -site concrete deck, walks, ramps, walks, and steps 13. New on -site decorative concrete service driveway 14. New on -site metal screen, posts, flatwork, and curb for enlarged trash enclosure 15. New fencing, block wall, and vehicular gate with control systems 16. New landscape and Irrigation System with Site furnishings 3. Three HVAC Unit Replacements: City of Palm Springs request $500,000. The 200 Suites Building houses DAP's four medical clinics that will provide emergency responsive care and services in the event of a natural or other disaster. The scope of the proposed HVAC installation for the 200 Suites Building includes installing necessary mechanical and electrical components, such as air intake supply lines, air returns, outside air clampers, exhaust ventilation system, ductwork, and laboratory fume hood systems. This project aligns with DAP's Business Continuity Plan and meets the requirements of the disaster preparedness portion of the City of Palm Springs General Plan and the City of Palm Springs Non -Housing - High Priority Goal 2: Support Natural Disaster Preparedness Services and Response in the Aftermath of Natural Disaster. SCOPE OF WORK A. Architectural, Mechanical, Structural, and Electrical engineering services for design and permit plans B. Construction for 1. Demolition of partial areas of existing roof 2. Retrofit framing of roof structure and platform framing 3. Roofing of new mechanical platforms 4. Electrical rough in for new exhaust fans 5. Delivery and Installation of (3) new HVAC Units with air filters 6. Replace thermostats and complete electrical connections 7. Removal of existing HVAC units 8. New Metal flashing and mechanical ductwork connection from existing roof opening to new mechanical units' inlet 9. Testing and Balance of new mechanical system Budizet Justification: ALLOWABLE COSTS Line 1 - Administrative $0 N/A. and legal expenses Line 2 - Land $0 N/A. The current facility property is owned by DAP. No additional land is required for this project. Line 3 - Relocation $0 N/A. No relocation expenses and payments are required for this expenses and project. payments Line 4 - Architectural $1,500,000 for the architectural and engineering fees which includes and engineering fees structural, mechanical, electrical, and T24 Calculations; Plan processing thru the City of Palm Springs Planning and Building Departments, Bid Documents (plans and specifications), Formal Bid Process, and contract administration during construction. Line 5 - Other $150,000 for surveyors and pothole investigation architectural and engineering fees Line 6 - Project $0 N/A. This cost will be included as part of DAP's financial inspection fees contribution - funding to the project. Line 7 - Site work $0 N/A. Any additional site work costs associated with the project to be included as part of construction costs. Line 8 - Demolition $500,000 as outlined in above Scope of Work. and removal Line 9 - Alteration $14,500,000 as outlined in above Scope of Work. / Renovation Construction Line 10 - Equipment $1,000,000 as outlined in above Scope of Work. Line 11 - Miscellaneous $1,500,000 Line 12 — SUBTOTAL $19,150,000 (Direct Cost) Line 13 - Contingencies $750,000 covers 5% of the sum of Line 8 Demolition and Line 9 Construction with General Contractor's fees based on conceptual plans. Line 14 — SUBTOTAL $19,900,000 (Direct + Contingencies) Line 15 $0 N/A Project income Line 16 $19,900,000 TOTAL PROJECT COST Line 17 GRANT $2,809,000 FUNDING REQUEST wNTRACT ABSTRACT Contract Company Name: Desert Aids Project, Inc. ("DAP Health") Company Contact: David Brinkman; 760-323-2118; DBrinkmari@DAPHealth.org Summary of Services: Agreement for disbursement and use of funds (Capital Campaign Contribution - DAP Health) Contract Price: $2,809,000 Funding Source: 1001060-40105 General Fund, non -departmental. Contractual Services Contract Term: N/A. Agreement for disbursement and use offunds — Capital Campaign Contribution - DAP Health Contract Administration Lead Department: Department of Finance and Treasury Contract Administrator: Evelyn Beltran Contract Approvals Council Approval: 6/30/2022 2C-1 Resolution Number: 25034 Agreement Number: A9289 Contract Compliance Exhibits: Signatures: Insurance: N/A Bonds: N/A Contract Prepared By: City Manager's Office / City Attorney? (not sure — EB) Submitted on: November 7, 2022 By: Evelyn Beltran AGREEMENT FOR DISBURSEMENT AND USE OF FUNDS BETWEEN THE CITY OF PALM SPRINGS AND DAP HEALTH This Agreement for Disbursement and Use of Funds ("Agreement") is entered into this %' day of fdrw4r,-1 ba+' , 20Z2; by and between the CITY OF PALM SPRINGS ("City") and Desert AIDS Project, Inc., a Palm Springs non-profit healthcare organization, dba DAP Health ("Recipient"). City and Recipient are sometimes referred to individually as Party and collectively as Parties. RECITALS A. The City allocated $2,809,000 in available unassigned General Fund Balance to Recipient during the Fiscal Year 2022/2023 budget process for the purpose of completing a capital construction project. B. Recipient has submitted or will submit a request to City for disbursement of funds to be used as specified in Exhibit "A", attached hereto and incorporated herein by reference. C. City has considered Recipient's request and desires to approve the disbursement of $20$09, cxYl—°�o Recipient, to be used as specified in Exhibit "A", subject to the terms and conditions set forth herein. AGREEMENT 1. Disbursement and Use of Funds. Within 30 days of City's receipt of an invoice from Recipient, City shall disburse the Funds to Recipient in a manner convenient to City. Recipient shall use the Funds as specified in Exhibit "A", and shall not use the Funds for any other purpose. 2. Maintenance of Records. Recipient shall keep, preserve, and maintain, for a period of at least three years commencing on the date of City's disbursement of Funds to Recipient, all documents and records of any kind relating to Recipient's use of the Funds. 3. Right to Inspect and Audit. The City may inspect and audit all of Recipient's documents and records relating to the Recipient's use of the Funds to ensure compliance with this Agreement and to ensure Recipient uses the Funds for authorized purposes. Recipient shall make such documents and records available to City, at the place and in the manner and form specified by City, within 15 days following City's request for such documents and records. Recipient shall furthermore grant City's employees or agents access to any land, facilities, or improvements relating to Recipient's use of the Funds, within a reasonable amount of time after City issues written notice to Recipient requesting such access. 4. Prevailing Wa eg Laws. Recipient is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and 1 5 5 575.18 1 00\40608239. 1 "maintenance" projects. If the Recipient's use of the Funds constitutes or involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Recipient agrees to fully comply with such Prevailing Wage Laws. Recipient shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Recipient, its consultants, and all subconsultants to comply with all applicable California Labor Code provisions, which may include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If Recipient's use of the Funds constitutes or involves an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Recipient, its consultants, and all subconsultants must be registered with the Department of Industrial Relations. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Recipient's sole responsibility to comply with all applicable registration and labor compliance requirements. 5. Indemnification. To the fullest extent permitted by law, Recipient agrees to defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgements, demands and defense costs, arising out of or in connection with this Agreement or Recipient's use of the Funds, except if such loss or damage resulted from the sole gross negligence or willful misconduct of the City. 6. Authority to Enter Agreement. Recipient and City each respectively represent, covenant, and warrant that they are authorized to enter into and execute this Agreement and to bind each respective Party. 7. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. [signatures on the following page] 2 55575. 18100\40608239.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. RECIPIENT Desert AIDS Project, Inc., a Palm Springs non- profit healthcare organization, dba DAP Health By: Name: David Brinkman Title: CEO CITY 7clu M SPRINGS By: C-%/"- City Manager APPROVED AS TO FORM: By: / JeffAdlingrr City Attorney 55575.18100W0608239.1 M-MOILL-11 IT,�� EXHIBIT A Approved Use of Funds (Attachment Behind This Page) ICI EXIBIT A City of Palm Springs — DAP Health Campus Expansion — Scope of Work - Budget Justification Recipient: Desert AIDS Project d/b/a/ DAP Health (DAP) Service Site Address: 1695 N Sunrise Way, Palm Springs, CA 92262 Project Type: Campus Expansion - Facilities Alteration/Renovation/Construction Project Name: DAP Health Campus Expansion Project Total Funding Request: $2,809,000 Scone of Work: Three components of DAP's campus expansion project: 1) campus site improvements with new west driveway alignment; 2) pavilion expansion; and 3) three HVAC unit replacements required for DAP's Federally Qualified Health Center clinics. 1. Campus Site improvements with New West Driveway Alignment: City of Palm Springs Request $1,600,000. The project consists of architectural and engineering services plus construction for reconfiguring the entry drive from Vista Chino; reconfiguring parking and drop-off areas to accommodate the new Pavilion building; eliminating the central alley between DAP's main facility and the 200 Suites Building; making improvements to site utilities related to increased demand of electrical, communication/data, sewer, water, and fire protection. Providing installation of new hardscape and landscaping, new building pad preparation; new shade structures; and site lighting. SCOPE OF WORK - A. Architectural, Civil engineering, Landscape architectural, Geotechnical Engineering, and Surveyor services for design and permit plans B. Construction for 1. Demolition of existing asphaltic driveway, curbs, and sidewalks 2. Demolition of existing landscape, site furnishing, and site fencing 3. Demolition of underground utilities 4. Demolition of exiting outdoor structures, porches, and arcades 5. Rough earthwork grading and fine grading for new aligned driveway 6. Import and export earth soils 7. Preparation of new building pad adjacent to existing buildings 8. Upgrade or increase domestic water and fire water utilities 9. New on -site street and parking lot curbs/gutters and V cross gutters 10. New on -site concrete walks, ramps, walks 11. New on -site decorative concrete driveway and connection to existing asphaltic parking driveways 12. New on -site decorative vehicular drop off 13. New on -site metal fencing and posts 14. New landscape and Irrigation System with Site furnishings 2. New Pavilion Expansion: City of Palm Spring Request $709,000. The New Pavilion Building is the focal point of DAP Health's integrated campus, serving as the main entrance for access to DAP's Health Center and client wellness services. The Northwest portion of the Pavilion includes a Pharmacy Wing with a dedicated laboratory diagnostic testing site, Gallery, and connection to West Corridor. The Southwest expansion includes a modified multipurpose room, and connection to the 200 Suites Building, accommodating after-hours access to DAP's Sexual Wellness Clinic. The East expansion includes a public cafe, a part of DAP's job training program. SCOPE OF WORK (this work pertains to the site work at the new Service driveway facing EAST) A. Architectural, Civil engineering, Landscape architectural Geotechnical Engineering, and Surveyor services for design and permit plans B. Construction for 1. Demolition of existing asphaltic driveway, landscape, curbs, and sidewalks 2. Demolition of existing ramp, fencing, and pedestrian gate 3. Demolition of underground utilities 4. Demolition of exiting outdoor structures, porches, and arcades 5. Relocation of fire water and fire hydrant 6. Rough earthwork grading and fine grading for new terrace 7. Import and export earth soils 8. Preparation of terrace pad 9. Preparation of increased trash enclosure pad 10. Upgrade or increase sewer and gas utility 11. New on -site street and parking lot curbs/gutters and crosswalk 12. New on -site concrete deck, walks, ramps, walks, and steps 13. New on -site decorative concrete service driveway 14. New on -site metal screen, posts, flatwork, and curb for enlarged trash enclosure 15. New fencing, block wall, and vehicular gate with control systems 16. New landscape and Irrigation System with Site furnishings 3. Three HVAC Unit Replacements: City of Palm Springs request $500,000. The 200 Suites Building houses DAP's four medical clinics that will provide emergency responsive care and services in the event of a natural or other disaster. The scope of the proposed HVAC installation for the 200 Suites Building includes installing necessary mechanical and electrical components, such as air intake supply lines, air returns, outside air clampers, exhaust ventilation system, ductwork, and laboratory fume hood systems. This project aligns with DAP's Business Continuity Plan and meets the requirements of the disaster preparedness portion of the City of Palm Springs General Plan and the City of Palm Springs Non -Housing - High Priority Goal 2: Support Natural Disaster Preparedness Services and Response in the Aftermath of Natural Disaster. SCOPE OF WORK A. Architectural, Mechanical, Structural, and Electrical engineering services for design and permit plans B. Construction for 1. Demolition of partial areas of existing roof 2. Retrofit framing of roof structure and platform framing 3. Roofing of new mechanical platforms 4. Electrical rough in for new exhaust fans 5. Delivery and Installation of (3) new HVAC Units with air filters 6. Replace thermostats and complete electrical connections 7. Removal of existing HVAC units 8. New Metal flashing and mechanical ductwork connection from existing roof opening to new mechanical units' inlet 9. Testing and Balance of new mechanical system Budizet Justification: ALLOWABLE COSTS Line 1 - Administrative $0 N/A. and legal expenses Line 2 - Land $0 N/A. The current facility property is owned by DAP. No additional land is required for this project. Line 3 - Relocation $0 N/A. No relocation expenses and payments are required for this expenses and project. payments Line 4 - Architectural $1,500,000 for the architectural and engineering fees which includes and engineering fees structural, mechanical, electrical, and T24 Calculations; Plan processing thru the City of Palm Springs Planning and Building Departments, Bid Documents (plans and specifications), Formal Bid Process, and contract administration during construction. Line 5 - Other $150,000 for surveyors and pothole investigation architectural and engineering fees Line 6 - Project $0 N/A. This cost will be included as part of DAP's financial inspection fees contribution - funding to the project. Line 7 - Site work $0 N/A. Any additional site work costs associated with the project to be included as part of construction costs. Line 8 - Demolition $500,000 as outlined in above Scope of Work. and removal Line 9 - Alteration $14,500,000 as outlined in above Scope of Work. / Renovation Construction Line 10 - Equipment $1,000,000 as outlined in above Scope of Work. Line 11 - Miscellaneous $1,500,000 Line 12 — SUBTOTAL $19,150,000 (Direct Cost) Line 13 - Contingencies $750,000 covers 5% of the sum of Line 8 Demolition and Line 9 Construction with General Contractor's fees based on conceptual plans. Line 14 — SUBTOTAL $19,900,000 (Direct + Contingencies) Line 15 $0 N/A Project income Line 16 $19,900,000 TOTAL PROJECT COST Line 17 GRANT $2,809,000 FUNDING REQUEST