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City of Desert Hot Springs
AGENDA
SPECIAL MEETING OF THE CITY COUNCIL
Tuesday, July 16, 2024
1:00 PM
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240
VIA TELECONFERENCE
Councilmember, Roger Nuñez
23119 Cottonwood Ave., Bldg. B 2nd Floor
Moreno Valley, CA 92553
NOTICE IS HEREBY GIVEN, as provided by Government Code Section 54956, that Mayor Matas has called a special meeting of the Desert Hot Springs City Council for the purpose stated below:
Page
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
At Special Meetings, public comments are considered under the agenda item.
PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE
RECORD.
All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments
ADMINISTRATIVE CALENDAR:
1. Award Construction Agreement for the Mission Lakes Boulevard and Little Morongo Road - Road Resurfacing Project
Daniel Porras, Assistant City Manager
Recommendation:
Authorize the City Manager to negotiate and execute the construction agreement for the Mission Lakes Blvd and Little Morongo Rd Road Resurfacing Project with Vance Corporation in the amount not to exceed $549,575.08, plus a 10% contingency and $50,000 for as-needed utility adjustments for a total budget of $654,532.59.
3 - 42
Staff Report - SR-24-166 - Pdf
2. Desert Health Care District Lease Agreement with Tenet That Proposes a "Non-Compete"
Frank Luckino, City Manager
Recommendation:
Staff is recommending the City Council review the Resolution and decide if this meets the needs of our community relating to healthcare.
Staff Report - SR-24-165 - Pdf
43 - 47
ADJOURN
________________________________________________________________________________________
NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.
Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.
SR-24-166
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: July 16, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Construction Agreement for the Mission Lakes Boulevard and Little Morongo Road - Road Resurfacing Project
RECOMMENDATION:
Authorize the City Manager to negotiate and execute the construction agreement for the Mission Lakes Blvd and Little Morongo Rd Road Resurfacing Project with Vance Corporation in the amount not to exceed $549,575.08, plus a 10% contingency and $50,000 for as-needed utility adjustments for a total budget of $654,532.59.
BACKGROUND:
Riverside County Transportation Department selected Vance Corporation as the lowest responsive bidder and awarded the construction agreement for the Mission Lakes Blvd and Little Morongo Rd Road Resurfacing Project. The scope of work included asphalt rehabilitation to various road segments within unincorporated Riverside County. The scope of work is limited to work within Riverside County and not within the City of Desert Hot Springs City limits.
DISCUSSION:
Based on Municipal Code 3.44.105 (c), the City may “piggy back” off of the Riverside County competitive bid and award process and contract with the same contractor utilizing the same unit costs. Therefore after Riverside County went through the competitive bid process and awarded the construction agreement to Vance Corporation, the City met with the contractor and Riverside County and requested a proposal from the contractor to complete the asphalt resurfacing beyond the Riverside County jurisdiction and extend the work within City limits for a complete road rehabilitation project.
The City received a proposal from Vance Corporation in the amount of $549,575.08 shown in exhibit
1. The scope of work includes road resurfacing, striping, and as-needed utility adjustments, along Mission Lakes Blvd from Clubhouse Blvd to Little Morongo Rd, and along Little Morongo Rd between Mission Lakes Blvd and Augusta Ave.
Item Total
Vance Corporation Proposal $ 549,575.08
10% Contingency $ 54,957.51
Utility Adjustments As-needed $ 50,000.00
Item Number: 1.
SR-24-166
Total Budget $ 654,532.59
Staff is recommending City Council Authorize the City Manager to negotiate and execute the construction agreement for the Mission Lakes Blvd and Little Morongo Rd Road Resurfacing Project with Vance Corporation in the amount not to exceed $549,575.08, plus a 10% contingency and $50,000 for as-needed utility adjustments for a total budget of $654,532.59.
FISCAL IMPACT:
This project will be funded utilizing SB1 Funds already appropriated with the adoption of the Fiscal Year 2024-2025 Budget.
ATTACHMENTS:
1) Proposal Vance Corporation
2) Riverside County Intent to Award Letter
3) Aerial Exhibit
4) Plans
5) Public Works Construction Agreement DRAFT
Item Number: 1.
To: City Of Desert Hot Springs Contact: Joe Valdez
Project Name: Mission Lakes Blvd And Little Morongo Rd. Resurfacing Bid Number:
Desert Hot Springs, CA 92240 Fax:
Address: 11999 Palm Dr. Phone: 760-329-6411
Project Location: Mission Lakes Blvd And Little Morongo Rd, Desert Hot Springs, CA Bid Date: 2/28/2024 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 DUST ABATEMENT 1.00 LS $3,824.51 $3,824.51
2 DEVELOP WATER SUPPLY 1.00 LS $986.46 $986.46
3 TRAFFIC CONTROL SYSTEM 1.00 LS $16,748.24 $16,748.24
4 PREPARE STORM WATER POLLUTION PREVENTION PLAN 1.00 LS $6,283.01 $6,283.01 5 CLEARING AND GRUBBING 1.00 LS $5,417.46 $5,417.46
7 ROADWAY EXCAVATION 1,527.00 CY $71.14 $108,630.78
9 HOT MIX ASPHALT (TYPE A) 3,092.00 TON $128.46 $397,198.32 10 Striping 1.00 LS $10,486.30 $10,486.30
Total Bid Price: $549,575.08
Notes:
• Work to be completed with County of Riverside Little Morongo Project. • Work includes all material and labor to complete each item listed on this proposal. • If any work listed on the items is thicker or thinner than outlined in this proposal, Vance Corp will bill extra for labor and material based on the new thickness.
• All Work to be completed durning normal working hours between 7AM and 5PM. Weekends evenings and holidays will be considered exra work. • Project specs, materials, and submittals all based on County of Riverside Little Morongo Project. Price does not inlcude seperate DHS specifications, or submittals.
Payment Terms:
Payment due 30 days from date of invoice.
ACCEPTED:
The above prices, specifications and conditions are satisfactory and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Vance Corporation
Authorized Signature:
Estimator: Richard Kesner
909-721-8767 [email protected]
7/10/2024 7:30:22 AM Page 1 of 1
Item Number: 1.
3525 14th Street, 2
nd Floor, Riverside · Riverside, CA 92501 · (951) 955-6780 P.O. Box 1090 · Riverside, CA 92502-1090 · FAX (951) 955-3164
COUNTY OF RIVERSIDE
TRANSPORTATION AND
LAND MANAGEMENT AGENCY
Transportation Department
March 20, 2024
Derek Ritarita, President
Vance Corporation
1150 Brookside Avenue, Suite J2
Redlands, CA 92373
[459 Egan Avenue P.O. Box 575
Beaumont, CA 92223]
RE: Notice of Acceptance of Proposal and Intent to Award Mission Lakes Boulevard and Little Morongo Road Resurfacing Mission Lakes Boulevard from 460-Feet West of Clubhouse Boulevard to Little Morongo Road Little Morongo Road from Mission Lakes Boulevard to Augusta Avenue Community of Mission Lakes
Project No. D1-0073, D1-0074; and
Langlois Road Resurfacing
Clifton Street to 670-Feet North
Community of Southeast Desert Hot Springs
Project No. D2-0074
Dear Mr. Ritarita:
Please consider this as the County of Riverside’s notice to your firm that it accepts your proposal received March 6, 2024, for the referenced project, and that the County of Riverside intends to award the construction contract to your firm. The Contract includes:
Base Bid Schedule 1: Mission Lakes Boulevard Resurfacing Base Bid Schedule 2: Little Morongo Road Resurfacing
Base Bid Schedule 3: Langlois Road Resurfacing
Alternative Bid Schedule 1: Mission Springs Water District (MSWD) Facilities Adjustments is not selected for award; therefore, the total contract amount is $1,987,631.42.
Attached for execution, by your company, are four sets of the construction contracts, Performance Bond form, and Payment Bond form.
In accordance with Section 20 “Award of Contract” of the “Instructions to Bidders” section of the bid documents, you are directed to return to this office, within 10 working days of this letter, four (4) sets of executed original construction contracts, two (2) original Performance Bonds, two (2) original Payment Bonds, and one (1) complete insurance certificate package that conforms to the terms of the bid documents.
Insurance documentation must include additional ensured endorsements for General Liability policies, Automobile Liability policies, and Excess Liability policies. Additionally, a Waiver of Subrogation shall be furnished for the Worker’s compensation policy. All additional insured endorsements must be signed by an authorized broker or by the insurance carrier.
Patricia Romo
Interim Director of
Transportation
Dennis Acuna, P.E., T.E.
Deputy for Transportation/
Capital Projects
Russell Williams
Deputy for Transportation/
Planning and Development
Item Number: 1.
Notice of Acceptance of Proposal and Intent to Award
March 20, 2024
Attached to this letter is a Brief List of Contract Insurance Requirements.
In addition to the requirements of Section 4, “Insurance and Hold Harmless”, Subsection F, “Hold Harmless/Indemnification” of the “General Conditions” section of contract documents, the Contractor’s Certificate of Insurance and endorsements for the project shall name the following listed entities as additional insured under the Contractor’s general liability, excess liability, and auto liability insurance policies, and each listed entity shall be named on the Waiver of Subrogation for the Contractor’s Workers Compensation policy:
1. County of Riverside, its Agencies, Special Districts and Departments, their respective director, officers, Board of Supervisors, elected and appointed officials, employees, agents, and representatives.
2. City of Desert Hot Springs, their elected and appointed officials, employees, agents, and representatives.
3. Mission Springs Water District, their elected and appointed officials, employees, agents, and representatives.
The additional insured entity(s) as listed above shall also be held harmless, in accordance with the requirements of General Conditions Section 4, “Insurance and Hold Harmless” of the Specifications and Contract Documents Book.
Also, please provide us with a Corporate Resolution authorizing the signatory of the contract to sign such documents on behalf of your corporation.
Failure to execute the documents and submit all of the above listed documents to the Transportation Department within the specified time may cause the County of Riverside to consider your firm as not being in compliance with the bid documents, resulting in rescission of the Notice of Acceptance and Intent to Award, and your bid bond being forfeited on that basis.
Following full execution and award of the contract by the County of Riverside Board of Supervisors, one original set of the contract and copies of the bonds and insurance will be returned to you for your file.
I have attached a copy of the summary of bids for your use and reference.
If you have any questions or need additional information, please contact me at your convenience at (951) 955-1537 or Jonathan Reyes at (951) 955-2057.
Sincerely,
Joel Jimenez, P.E.
Engineering Project Manager
Contracts/Bidding Unit
JRJ:jrj:jr
Attachments: Contract, 4 sets
Performance Bond form with each Contract
Payment Bond form with each Contract
Brief List of Contract Insurance Requirements
Summary of Bids
CC (Email): Dennis Acuna, Alfredo Martinez
CC (Paper): Chronological File
Construction/Inspection File with Attachments
Project File Item Number: 1.
Mission Lakes Blvd and Little Morongo Rd Road Resurfacing Project Mission Lakes Blvd
Little Morongo Rd
Limits of Work
Item Number: 1.
COUNTY OF RIVERSIDE
TRANSPORTATION DEPARTMENT
MISSION LAKES BLVD. AND
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RESURFACING
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TO UTTLE MORONGO RD
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COMMUNITY OF MISSION LAKES
PROJECT NO. D1-OO73 & D1-OO74
COUNTY OF SAN BERNARDINO COUNTY OF RIVERSIDE
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DATE TIM PLOT
CITY OF DESERT HOT SPRINGS : J § § PREPARED BY LAYOUT SHEET No. I m g & PREPARED UNDER THE SUPERVISION OF: MISSION LAKES BLVD LITTLERASORONGO . 2149/1 /,;, 11/30/2023 RESURFACING L - 2 MISSION LAKES BLVD 0-— EN?SINEERI 0/ PROJECT MANAGER
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PP 1372 CPP4114
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DATE TIM PLOT
41/1/ 11/06/2023 RESURFACING ALFREDO PGégglrEECzTGER DATE EN¢ INEERI J MANA COUNTY O/RIVERSIDE 1 1+00 TO 28+50
LAST REVISION USERNAME => CDOI’I’ _ _ COUNTY _ DGN FILE => D1EOO73 e0 L703.dgn PR D1 0073 74 FILE NO. 973 FF Item Number: 1. Page 14 of 47 MATCH SEE LINE UPPERSTARIGHT 34+75
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USERNAME => b NTY BORDER LAST REVISED 3/30/202I DON FILE => gfggn ea tomg? PR 01—0073'74 WEENO. 973-FF PP 4627851
EN¢ INEERI 0 PROJECT MANAGER COUNTY O/RIVERSIDE 28+5O TO 47+5O LAST REVISION DATE TIM PLOT Item Number: 1. Page 15 of 47
COUNTY OF RIVERSIDE RITI
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MATCH SEE MIDDLE LINE STARIGHT 25+00 MATCH SEE LINE UPPERSTARIGHT 17+50 BEG 11+001STRIPING 650' 278 CITY OF DESERT HOT SPRINGS MISSION LAKES BLVD
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2'4 Q CITY LIMIT LINE
750' 278 CITY OF DESERT HOT SPRINGS MISSION LAKES BLVD
COUNTY OF RIVERSIDE
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MATCHSEE LINE SHEETSTAPD-232+50 MATCHSEE LINE LOWERSTALEFT25+OO MATCH SEE LINE MIDDLESTALEFT17+50 STRIPING NOTES: @ PAINT CENTERLINE STRIPE
PER CALTRANS STD. A20A, DETAIL 6 m PAINT NO PASSING ZONE STRIPE AND INSTALL MARKERS PER CALTRANS STD. A20A, DETAIL 19 @ PAINT NO PASSING ZONE STRIPE AND INSTALL MARKERS PER CALTRANS STD. A20A, DETAIL 22 @ PAINT RIGHT EDGELINE STRIPE PER CALTRANS STD. AZOB, DETAIL 273 @ INSTALL THERMOPLASTIC LIMIT LINE PER CALTRANS STD. A24E, WHITE UNLESS OTHERWISE NOTED m INSTALL THERMOPLASTIC PAVEMENT MARKINGS AS SHOWN PER CALTRANS STD A24A THROUGH A24E, WHITE UNLESS OTHERWISE NOTED SIGNING NOTES: P PROTECT RS REMOVE/SALVAGE SIGN
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CITY OF DESERT HOT SPRINGS MISSION LAKES BLVD
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,/ ' // 7 I
- -W/M , 11/6/2023
7 DENNISACUNX: DATE
TRAFFIC ENGINEERING DIVISION MANAGER
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MISSION LAKES BLVD
RESURFACING
11+OO TO 32+50
_ _ COUNTY PR D1 0073 74 FILE No. 973-FF
LAST REVISION DATE TIM PLOT Item Number: 1. Page 16 of 47 MATCH SEE MIDDLE LINE STARIGHT 47+50 MATCH SEE LINE UPPERSTARIGHT 40+OO MATCHSEE LINE SHEETSTAPD-I32+50
COUNTY OF RIVERSIDE
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CA_TRANS STD. AZOB, DETAIL 278 MEDIAN STRIPE AND INSTALL MARKERS CA_TRANS STD. AZOB, DETAIL 29
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‘TED TED => II/6/2023 H591“ PM
BORDER LAST REVISED 3/30/202I
CITY OF DESERT HOT SPRINGS RI—I i . LITTLE MORONGO RD MISSION LAKES BLVD STOP-V
P SN8 44'
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TIME PLOT
11/5/2023 RESURFACING
T DENNISACU%T
TRAFFIC ENGINEERING DIVISION MANAGER 32+50 To 53+35 COUNTY OF RIVERSIDE DATE LAST REVISION USERNAME => Cborr _ _ COUNTY
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MATCH SEE MIDDLE LINE STARIGHT 22+OO MATCH SEE LINE UPPERSTARIGHT 15+50
ET PM AHEAD
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‘TED TED => II/G/2023 I259234 PM 650’, | CITY OF DESERT HOT SPRINGS PREPARED BY PAVEMENT DELINEATION SHEET No. PREPARED UNDER THE SUPERVISION OF: LITTLE MORONGO RD
DATE TIM PLOT
LITTLE MORONGO RD // RESURFACING PD_3 , ,, isle/"f" 11/6/2023 DENNIS Acu%‘ DATE
TRAFFIC ENGINEERING DIVISION MANAGER
COUNTY OF RIVERSIDE 1 1+00 TO 28+50
SHEET 10 OF 1 1
LAST REVISION USERNAME => CDOI’I’ _ _ COUNTY _ BORDER EAST REVISED 3/30/202I DGN FILE => moon no PD703.dgn PR DI 0073 74 FILE No. 973 FF Item Number: 1. Page 18 of 47 STRIPING NOTES: @ PAINT NO PASSING ZONE STRIPE AND INSTALL MARKERS PER CALTRANS STD. A20A, DETAIL 22 LEITH AVE @ PAINT RIGHT EDGELINE STRIPE TL PER CALTRANS STD. AZOB, DETAIL 2TB COUNTY OF RIVERSIDE @ INSTALL THERMOPLASTIC LIMIT LINE PER , , CALTRANS STD. A24E, WHITE UNLESS OTHERWISE NOTED
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BORDER LAST REVISED 3/30/202I
CITY OF DESERT HOT SPRINGS T i_ RI-‘I PACIFICA BLVD”
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USERNAME => Cborr _ _ COUNTY _ DGN FILE => DIEOO73 no PDEO4.dgn PR D1 0073 74 FILE NO. 973 FF LAST REVISION DATE TIM PLOT Item Number: 1. Page 19 of 47
COUNTY OF RIVERSIDE
TRANSPORTATION DEPARTMENT
LANGLOIS ROAD
RESURFACING
CLIFTON ST TO 670 FEET N OF CLIFTON ST
COMMUNITY OF SOUTHEAST DESERT HOT SPRINGS
PROJECT No. D2-OO74
PROJECT LOCATION
COUNTY OF SAN BERNARDINO COUNTY OF RIVERSIDE
STATE OF COUNTY OF ARIZONA
ORANGE BLYTHE INDIAN WELLS 0 IEMECULA
COUNTY OF SAN DIEGO : COUNTY OF IMPERIAL
I /—COUNTY OF RIVERSIDE /
CITY OF DESERT T 73:?” I-____;[:L_0N_;D______—l HOT SPRINGS __ I W I Q I cnvunu?aImvvmm? PIER-ON B VD é; _ :
m AURORA RD
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TOWNSHIP 3S RANGE 5E SECTIONS 10-11 COUNTY ROAD BOOK PAGE NO. 174
ABBREVIATIONS & LEGEND
AC ASPHALT CONCRETE o GAS VALVE AP ANGLE POINT I:I MAIL BOX BEG BEGIN 9 CABINET C/G CURB AND GUTTER <> PEDESTAL CAB CABINET HQ? POWER POLE (E CENTER LINE -‘- SIGN (ONE-POST) CONC CONCRETE 33% STREET LIGHT DWY DRIVEWAY 0 WATER VALVE EP EDGE OF PAVEMENT EX EXISTING —-- R/W
FL FLOW LINE — — CENTER LINE
FS FINISH SURFACE '—/77 ————— m ————— m — EP GV GAS VALVE —---gs —-- GAS LINE HMA HOT MIX ASPHALT —--S—--— SEWER LINE LT LEFT ———+c — TELECOM LINE MB MAILBOX w —— WATER LINE MIN MINIMUM —m—m—m— PROP EP NO. NUMBER iii<7ii<i PROP FLOW LINE PVMT PAVEMENT WWW-na- PROP RESURF PED PEDESTAL
LIMIT
PG PERFORMANCE GRADE
PP POWER POLE
PROP PROPOSED
R/W RIGHT OF WAY
RESURF RESURFACING
RT RIGHT
SL STREET LIGHT
STD STANDARD
SW SIDEWALK WV WATER VALVE
INDEX OF SHEETS
SHEET NO. DESCRIPTION
1 TITLE
2 CROSS SECTIONS & DETAILS
3 LAYOUT
)2-0074 LANGLOIS RD RESURFACING ‘TED TED => 22I22I9 TIME/2023 PM BORDER LAST REVISED O7/OI/ZOI4
CONCURRED BY PREPARED BY TITLE SHEET No. WW 3W 12/18/2023 PATRICIA ROMO DATE
INTERIM DIRECTOR OF TRANSPORTATION
COUNTY OF RIVERSIDE
PREPARED UNDER THE SUPERVISION OF: /LZ; //7 '" 11/06/2023 ALE ALF EDO P. DATE ENOINEERI 0 PROJECT MANAGER
COUNTY O RIVERSIDE
USERNAME => cbor’r DGN FILE => DZROO74 C1D I*OI.dgn
LANGLOIS ROAD
WO
RESURFACING
D2-OO74 COUNTY
FILE NO. 973-GG
LAST REVISION DATE TIM PLOT Item Number: 1. Page 20 of 47 EX
R/W
EX
R/W
FL
15.75' 22' 11'
EX PVMT LANGLOIS ROAD
13+O3 TO 13+79 TYPICAL SECTION NTS
EX EX
R/w R/W
< 53’>
‘ 20’ fi 33’
y TC 40' FL
'
2’ 18’ 22’ II'
LANGLOIS ROAD
10+10 TO 12+95 13+88 TO 16+25 TYPICAL SECTION
NTS EX EX
R/w R/W
< 53’
7 < 20' fi 33' > EP 22'—37.75’ FL
0—20' 0—15.75' 22' 11’
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9+55 TO 9+8O
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(EXISTING CONDITION)
S=O.50Z MIN
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(PROPOSED CONDITION)
CONSTRUCTION NOTES: (:>PROTECT
(:) MATCH EXISTING <:>SAWCUT
(:) REMOVE EXISTING ASPHALT CONCRETE AND UNDERLYING MATERIAL TO A MIN DEPTH 0F 0.35'BELOW FINISH SURFACE. SCARIFY, MOISTURE CONDITION, GRADE, AND RE—COMPACT THE UNDERLYING MATERIAL T0 95x RELATIVE COMPACTION. PAVE BACK WITH
0.35'HMA PG 70—10 USING 0.15’HMA TYPE A (1/20 OVER
0.2O'HMA TYPE A (3/4T <:>COLDP_ANE EXISTING AC PAVEMENT T0 DEPTH OF 0.15'MIN. AND OVERLAY WITH O.15’MIN.HMA (1/21 (:) JOIN EXISTING PAVEMENT PER DETAIL A ON SHEET X—1 (:>CONSTRJCTTYPE “O'ROLLED CURB PER STD NO.202 .HIGH SULFATE CONTENT CONDITION, SEE STD. NO. 202 NOTE #2 CONSTRJCT CROSS GUTTER PER STD. N0. 209 AND MODIFY PER DETAIL B ON SHEET X—1 HIGH SULFATE CONTENT CONDITION, SEE STD. N0. 209 NOTE #1 (:) CONSTRJCT CURB TRANSITION PER DETAIL c ON SHEET X—1 .HIGH SULFATE CONTENT CONDITION, SEE STD. NO. 202 NOTE #2 CONSTRJCT SAFETY EDGE PER STD. N0. 214 <:)CONSTRJCTROCK SLOPE PROTECTION PER DETAIL D ON
SHEET X-I
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PAVEMENT TIE-IN CURB TRANSITION DETAIL DETAIL NTS NTS
31 Egiégig(3 FT47_ 11c
INSTALL CLASS IIRSP) TIFF: B255ERSSTECJIB
EIC
HIGH SULFATE CONTENT CONDITION. SEE STD. NO. 209 NOTE #1 PER CALTRANS SPECIFI— CATIONS. SECTION 72 a
DETAIL B
CROSS GUTTER DETAIL
LELANJ???, Lé?gl?liA?E?L Q) DETAH D
ROCK SLOPE PROTECTION DETAIL
‘TED TED => ZZIZEBI HMS/2023 PM
9+8O TO 10+10
BORDER LAST REVISED OT/ZI/ZOIS
9+55 TO 10+1O
TYPICAL SECTION
NTS
I‘IIJ PREPARED BY TYPICAL CROSS SECTIONS SHEET No. PREPARED UNDER THE SUPERVISION OF: 4/ é //2 “ 11/06/2023 A?FIEDOP. ,' DATE ENCSINEERIG/PR MANAGER COUNTY0 /RIVER USERNAME => Cborr DGN FILE => D270074 CG XEI.dgn
I‘IIJ LANGLOIS RD
RESURFACING
DETAILS WO D2-0074 COUNTY
FILE NO. X - 1
SHEET 2 OF 973-GG
3 OO-OO-OO LAST REVISION DATE TIM PLOT Item Number: 1. Page 21 of 47 DETAIL B HEALING WATERS MOBI_E SEE BELOW HOME/RV PARK 0 0 0 0 0 PRIVATE DETAIL A +9 +| >— +9 >- +| >— >— + >— +| Q +9 +9 +| >- +| >- +| 44%+| +e ROAD SEE BELOW STU) O; m; g 0; ; oogmm 00>;— PRIVATE .— 00; co; mgmam; egg .— LDQ mo Q OOQ Q MQLn OOQ 0 Mo [\Q For!) LnQ GHQ—I—mZLnI—ZLLI 4-9 + + + + +(J + + + + + +LJ+ + o JKORIJOK __________ O z_ 0 o O H o F o u NcJAIZ _plo "____“m____"m___ . v v o V'H mLJUIZ m o UIQ +~ D::+‘ :3. ’8‘. “E -E B “(ZS B ’3’8 “(23 F ’3 -E FBFBFB FBE’PU—SP—Sl | . | u D u u U U . Iu o D o 2 o u PDQ ”gm
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CONSTRUCTION NOTES: Q) PROTECT @ MATCH EXISTING @ SAWCUT @ REMOVE EXISTING ASPHALT CONCRETE AND UNDERLYING MATERIAL TO A DEPTH OF 0.35' TO 0.60' BELOW FINISH SURFACE. SCARIFY, MOISTURE CONDITION, GRADE, AND RE—COMPACT THE UNDERLYING MATERIAL TO 957. RELATIVE COMPACTION. PAVE BACK WITH
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020' HMA TYPE A (3/4") Q3)COLD PLANE EXISTING AC PAVEMENT TO DEPTH OF 0.15'MIN. AND OVERLAY WITH 0.15' MIN. HMA (1/2") @ JOIN EXISTING PAVEMENT PER DETAIL A ON SHEET X—I @ CONSTRUCT TYPE "C" ROLLED CURB PER STD. N0. 202 .HIGH SULFATE CONTENT CONDITION, SEE STD. N0. 202 NOTE #2 CONSTRUCT CROSS CUTTER PER STD. NO. 209 AND MODIFY PER DETAIL B ON SHEET X—I HIGH SULFATE CONTENT CONDITION, SEE STD. NO. 209 NOTE #1 @ CONSTRUCT CURB TRANSITION PER DETAIL C ON SHEET X—I .HIGH SULFATE CONTENT CONDITION, SEE STD. N0. 202 NOTE #2 CONSTRUCT SAFETY EDGE PER STD. NO. 214 <:>CONSTRUCT ROCK SLOPE PROTECTION PER DETAIL D ON SHEET X-I STRIPING NOTES: @ INSTALL WHITE THERMOPLASTIC LIMIT LINE PER CALTRANS STD. A24D m INSTALL WHITE THERMOPLASTIC PAVEMENT MARKINGS AS SHOWN PER CALTRANS STD. A24A SIGNING NOTES: P PROTECT SIGN
IS INSTALL SIGN
SIGN SIZE
RI—I 36" X 36" W1—7 48" X 24" N-1 (CA) 18" X 18"
LANDSCAPE NOTE=
CONTRACTOR TO AS NECESSARY, TEMPORARILY RELOCATE
PROJECT ADJACENTLANDSCAPE AND RESTORE IT BACK TO
ITS ORIGINAL STATE AFTER COMPLETING THE PROJECT. 563%
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‘TED TED => ZZIZZBG TIME/2023 PM
BORDER LAST REVISED O7/2I/ZOI5
PREPARED BY LAYOUT SHEET No. PREPARED UNDER THE SUPERVISION OF: £%“C/Qét ///7 “ 11/06/2023 ALEREDO P. / DATE ENGINEERI I MANAGER USERNAME => Cborr DGN FILE => D270074 e0 LEOI.dgn
LANGLOIS RD
RESURFACING
9+55 TO 16+25 WO D2-OO74 COUNTY
FILE NO. L - 1
SHEET 3 OF 973-GG
3 OO-OO-OO LAST REVISION DATE TIM PLOT Item Number: 1. Page 22 of 47
PUBLIC WORKS CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF DESERT HOT SPRINGS
AND
VANC CORPORATION
THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this ____ day of ______________, 20___, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as "City," and Vance Corporation, a corporation, hereinafter referred to as "Contractor."
RECITALS
WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform Road Asphalt Resurfacing as more particularly described below; and WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
1. Incorporation by Reference
The foregoing recitals are hereby expressly made a part of this Agreement as though fully set forth herein.
2. Project Information.
• Location: Mission Lakes Blvd from Clubhouse Blvd to Little Morongo Rd, and along Little Morongo Rd between Mission Lakes Blvd and Augusta Ave, as depicted in Contractor’s proposal dated July 10, 2024, and attached hereto and incorporated herein as Exhibit “A” (“Scope of Services” or sometimes “Project”).
In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.
Item Number: 1.
• Project description, including significant materials to be used and equipment to be installed: Road Asphalt Resurfacing, in the City of Desert Hot Springs, California, as set forth in the Scope of Services.
• License classification applicable to Project: _______________ • Approximate start date: ___________________
• Approximate completion date: _______________
• Substantial completion of work evidenced by: Inspection and approval by City Staff.
• It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.
3. Contractor Information
• Vance Corporation
• 459 Egan Ave
• Beaumont CA 92223
• License Number: 414567
• DIR Number: 1000008103
4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until completion of performance and acceptance by the City, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance and acceptance by the City, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Item Number: 1.
Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its expense, until completion of performance and acceptance by the City, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Project to do the same.
Worker’s Compensation Insurance:
• Contractor has no employees and is exempt from workers’ compensation requirements.
• Contractor carries workers’ compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an “A” policyholder’s rating or better and a financial rating of at least Class VII, in accordance with the current Best’s Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
Item Number: 1.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or their officers, employees, servants, volunteers, agents and independent contractors.
5. Insurance Documentation
a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Contractor shall ensure that the most current certification of insurance shall be delivered to the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the comprehensive general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and their officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by either party, or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with at least thirty (30) days prior written notice of said cancellation, non-renewal, or reduction, with the exception that only ten (10) days prior written notice shall be required in the event of cancellation for nonpayment of premium.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and their officers, employees, servants, volunteers, agents and independent contractors.
6. Security
Item Number: 1.
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “B,” in an amount equal to _________________Dollars and No Cents ($_________), as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating.
b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “C,” or deposit an amount with the City equal to _____________________Dollars and No Cents ($_________), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating. c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.
7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed Five Hundred Forty Nine Thousand, Five Hundred Seventy Five Dollars and Eight Cents ($549,575.08) for the services rendered by Contractor pursuant to this Agreement, including profit, labor and materials.
b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount specified in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. Pursuant to Public Contract Code section 9203, the City shall retain no less than five percent of the compensation to be paid to Contractor which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.
8. Extra Work and Change Orders
Item Number: 1.
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writing and signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Contractor to perform any extra work or a change in work without written authorization.
A change order shall not be enforceable against the City unless the change order complies with this provision.
9. Term
Contractor will perform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which shall commence as of _______________, and shall expire one year following the City's acceptance of the work pursuant to this Agreement.
10. Independent Contractor
Contractor shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.
11. Civil Code Section 1542 Waiver
a. Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
b. This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
_____
Item Number: 1.
Initials
12. Acceptance of Work
Acceptance of the work shall be by action of the City Engineer or its designee.
Neither the acceptance nor prior inspections or failure to inspect shall constitute a waiver by the City of any defects in the work. From and after acceptance, the work shall be owned and operated by the City. As a condition to acceptance, Contractor shall certify to the City in writing that all of the work has been performed in strict conformity with this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.
13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and fit for the purpose and intended use. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective. In the event of a failure to commence with the compliance of above-mentioned conditions within seven calendar days after being notified in writing or failure to diligently pursue such compliance to completion, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediately on demand. b. If, in the opinion of the City, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice.
If Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City will not relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement. c. This section does not in any way limit the City’s remedies available under the law, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period.
Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certificates upon completion of the project. No manufacturer's guarantee period shall in any way limit the liability of Contractor or Contractor's sureties and insurers under the indemnity or insurance provisions of this Agreement.
Item Number: 1.
14. Indemnification
a. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor, or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract.
Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
15. Default
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party Item Number: 1.
shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
16. Licenses, Certifications and Permits
Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement.
17. Labor Laws, Prevailing Wages
a. All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment. c. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be Item Number: 1.
posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid.
Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the City twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code. d. Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, the City or any member of the public and otherwise provide certified copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h). e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such Item Number: 1.
subcontractors have also registered with the Department in accordance with Section 1725.5.
18. Notices
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
To Contractor: ____________________
____________________
____________________
____________________
____________________
____________________
____________________
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
19. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
b. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. c. Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or Item Number: 1.
remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. d. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. e. Litigation Expenses and Attorneys Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
g. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Conflicts of Interest. Contractor covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s services under this Agreement. In the event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination.
Item Number: 1.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 1.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
CITY OF DESERT HOT SPRINGS
_______________________________
Frank Luckino, City Manager
ATTEST:
_______________________________
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Tuan-Anh Vu, City Attorney
_____________________________
_____________________________
By Its: _______________________
Item Number: 1.
EXHIBIT “A”
SCOPE OF SERVICES
SEE ATTACHED PROPOSAL
DATED _____________
Item Number: 1.
EXHIBIT “B”
PAYMENT BOND
We, , as Principal, and , as Surety, jo
Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.
This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.
Principal and Surety agree that should CITY become a party to any action on this bond, that each will also pay CITY'S reasonable attorneys' fees incurred therein in addition to the above sums.
Item Number: 1.
Executed this _____________ day of __________________, 20___.
Seal of Corporation By______________________________
Authorized Representative of Principal
Title_____________________________
(ATTACH ACKNOWLEDGEMENT) By______________________________ Authorized Representative of Principal
Title_____________________________
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( ) _____________________________ Surety Company
_________________________ _____________________________ Name Street Number
_________________________ _____________________________ Street Number City and State
_________________________ _____________________________ City and State Telephone Number
_________________________ _____________________________ Telephone Number
By_____________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
( ) _____________________________
Company Agent
______________________________
Street Number
APPROVED AS TO FORM: ______________________________
City and State
________________________ ______________________________ City Attorney
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
Item Number: 1.
EXHIBIT “C”
PERFORMANCE BOND
We, , as
Principal, and , as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”) for payment of the penal sum of _________________________________ U.S. Dollars and No Cents ($________).
CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the property referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITY and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the CITY, CITY’S engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.
Principal and Surety agree that if the CITY is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay CITY'S reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.
Item Number: 1.
Executed this day of , 20___.
Seal of Corporation
By____________________________________
Authorized Representative of Principal
Title__________________________________
By____________________________________
Authorized Representative of Principal
Title__________________________________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( )____________________________________ Surety Company
_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________ ____________________________________ Telephone Number
By____________________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
()____________________________________
Company Agent
____________________________________
Street Number
APPROVED AS TO FORM: ____________________________________ City and State
________________________ ____________________________________ City Attorney Telephone
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
Item Number: 1.
Item Number: 1.
SR-24-165
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: July 16, 2024
Department: City Manager
Prepared by: Frank Luckino, City Manager
Subject: Desert Health Care District Lease Agreement
RECOMMENDATION:
Staff is recommending the City Council review the resolution and decide if this meets the needs of our community relating to healthcare.
BACKGROUND:
On May 28, 2024, the Desert Healthcare District (the “District”) Board received a presentation from Tenet Healthcare (“Tenet”) regarding a new Hospital Lease Agreement for Desert Regional Medical Center (the “Lease”). The presentation referenced a new 30-year Lease, which would allow Tenet, a Dallas-based entity, to take ownership of the hospital at the end of the 30-year Lease. The new Lease would include a “non-compete” provision similar to the current lease. If approved by the District Board, this item would be put on the November 5, 2024, ballot for District voters to decide. The noncompete, in basic terms, tries to review if there is a benefit to the regulated licensed services of the publicly owner hospital.
Desert Healthcare District has heard the arguments on this clause and is working on language, which is clear, but also provides for the access to equitable care to the Valley.
DISCUSSION:
Does the Desert Hot Spring City Council want to weigh in on the potential lease agreement between Desert Healthcare District and Tenet for the benefit of our residents? FISCAL IMPACT:
None
ENVIRONMENTAL ANALYSIS:
None
OPTIONAL:
Not approve the resolution or make modifications as deemed necessary.
ATTACHMENTS:
Item Number: 2.
SR-24-165
Resolution - Desert Healthcare District Lease Non-Compete Item Number: 2.
1 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, TO CREATE LANGUAGE IN THE
DESERT HEALTH CARE DISTRICT LEASE THAT PROMOTES THE
EQUITABLE ACCESS TO HEALTHCARE IN DESERT HOT SPRINGS.
WHEREAS, at the July 16, 2024, Special Desert Hot Springs City Council meeting, the City Council considered providing City staff direction regarding any proposed Tenet Lease with Desert Health Care District which includes any "noncompete" provision, which restricts taxpayer funds and elected Board's over the next 30 years; and
WHEREAS, over seventy-five years ago, the residents of our valley formed the Desert Health Care District to bring better health care to our area; and WHEREAS most of our residents must go to other valley cities for almost all health care services; and
WHEREAS, by way of background, the Desert Healthcare District (the "District") Board's May 28, 2024, Agenda included an item for the District to consider the revised lease proposal for Desert Regional Medical Center (the "Lease"). Tenant's presentation to the District Board included a reference for a 30-year lease, and would allow Tenet Healthcare, a Dallas-based entity, to take ownership of the hospital at the end of the 30- year lease, which would include a non-compete provision similar to what is included in the existing lease. If approved by the District, the item would be put on the November 2024 ballot for District's voters to weigh in on; and
WHEREAS, the City of Desert Hot Springs encourages the Board to craft language that provides for equitable access to care in our Valley.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES RESOLVE, AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct and any and all documents referenced herein are hereby incorporated herein by this reference.
Section 2. CLARITY TO TENET LEASE NON-COMPETE
PROVISION.
Item Number: 2.
2 Section 3. Severability.
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 4. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 5. Effective Date.
That this Resolution shall take effect upon its adoption.
Section 6. Certification.
That the City Clerk shall certify to the passage of this Resolution and enter it into the book of original resolutions.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 2.
3 PASSED AND ADOPTED THIS 16th day of July, 2024.
CITY OF DESERT HOT SPRINGS
_______________________
Scott Matas, Mayor
ATTEST:
_________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_________________________
Tuan-Anh Vu, City Attorney
Item Number: 2.