HomeMy WebLinkAbout20 C36781 - Dedicated Building Svcs - City Janitorial SvcsMEETING DATE:
PREPARED BY:
REQUEST:
Recommendation
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
June 10, 2021
Heather Horning, Senior Management Analyst
Mariana Rios, Management Specialist I
Approve Contract No. C36781, Amendment No. 1 to Contract No.
C36780 with Dedicated Building Services, LLC, for City Facilities
Janitorial Services in the amount of $317,700 (Project No. 771-22)
By Minute Motion:
1. Approve Contract No. C36781, Amendment No. 1 to Contract No.
C36780 with Dedicated Building Services, LLC, for City Facilities
Janitorial Services in the amount of $317,700; and,
2. Authorize the City Manager to execute said amendment, and any
change orders associated with this contract based on staff's
recommendations.
Funds are available in Account No. 1104330-4331000, R/M Buildings; 1104340-4332600, R/M
Janitorial; 1104344-43310, R/M Portola CC; 5104195-4369601, CAM-BLDG #444 Parkview;
5104195-4369800, Henderson Bldg; and 5104195-4369500, Sheriff Substation.
Background
On May 24, 2018, the City Council awarded Contract No. C36780 to Dedicated Building
Services, LLC (Dedicated) to perform janitorial services for City facilities including: City
Hall, Corporation Yard, Portola Community Center, Henderson Building, Parkview Office
Complex. The contract term is for 36 months from July 1, 2018, through June 30, 2021,
with two one-year extensions options.
On September 22, 2016, the City Council awarded Contract No. C35600 for janitorial
services at the Palm Desert Sheriff Substation to Wurm's Janitorial Services, Inc.
(Wurm's). The contract for a 36-month term ending October 1, 2019, with an option of
two one-year extensions. On August 22, 2019, the City Council approved the first contract
extension, and authorized the City Manager to approve the remaining one-year extension.
On September 8, 2020, the City Manager authorized the second extension at the monthly
rate of $2,609.11.
Both janitorial contracts are set to expire on June 30, 2021; however, staff is
recommending combining the contracts to make contract management more efficient for
June 10, 2021 - Staff Report
Approve Amendment No. 1 to Contract No. C36780 to Dedicated Building Services, LLC for
City Facility Janitorial Services.
Page 2of2
staff and help standardize the City's maintenance criteria. Since Dedicated provides
janitorial services to all other City -owned facilities and their services meet City standards,
staff is requesting extending their contract for one-year and adding the Sherriff Substation
facility, located at 73520 Fred Waring Drive, to the scope of work.
Dedicated has agreed to a one-year extension commencing July 1, 2021, and has
requested a rate increase of approximately seven percent due to the increases of the
State's mandated minimum wage and other related costs over the last few years.
Dedicated also provided a quote for janitorial services to the Sheriff Substation in the
annual amount of $33,600 ($2,800 per month).This amount is about $200 per month more
than the previous contracted amount, however, based on Dedicated's performance, and
the desire to consolidate contracts, staff finds the price difference to be reasonable.
Both increases equate to a total increase to the contract amount of $53,400 per year
($4,450 per month). This brings the total amended contract amount to $317,700 per year
($26,475 per month).
Fiscal Analysis
This is a maintenance activity with no fiscal impact beyond the contract amount, which
was included in the proposed Fiscal Year 2021-22 budget. Staff anticipated and
accounted for the contract increase in the various janitorial and maintenance accounts
for the respective facilities.
LEGAL REVIEW DEPT. REVIEW
N/A
Robert W. Hargreaves
City Attorney
City Manager, L. Todd
CONTRACTOR:
ATTACHMENTS:
.Andy Jirestine
Andy Firestine
Assistant City Manager
FINANCIAL ASSISTANT
REVIEW CITY MANAGER
0..„4,/' yrtaa,,& .Andy Jirestine
Janet M. Moore
Director of Finance
Hileman: L. Todd HiLeintiav►
Dedicated Building Services, LLC.
11338 Moorpark Street
Studio City, California 91602
Andy Firestine
Assistant City Manager
Contract No. C36781, Amendment No. 1 to Contract No. C36780
Payment and Performance Bonds
Contractor's Quote
CITY COUNCILNI ACTIO
APPROVED v RECEIVED
DENIED
OTHER
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VERIFIED BY: /YJC3,
Original on File with City Clerk's Office
AMENDMENT NO. 1 TO THE JANITORIAL SERVICES FOR CITY OWNED FACILITIES
AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DEDICATED BUILDING
SERVICES, LLC.
CONTRACT NO. C36781
1. Parties and Date.
This Amendment No. 1 to the Janitorial Services for City Owned Facilities Agreement is made
and entered into as of this 10TH day of June, 2021, by and between the City of Palm Desert ("City")
and Dedicated Building Services, LLC., a Limited Liability Company with its principal place of
business at 11338 Moorpark Street, Studio City, California, 91602 (Contractor). City and Contractor
are sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Aareement. The City and Contractor have entered into an agreement entitled
"Janitorial Services for City Owned Facilities" dated May 24, 2018 ("Agreement" or "Contract") for the
purpose of retaining the services of Contractor to provide Janitorial Services for City Owned Facilities.
2.2 Amendment. The City and Contractor desire to amend the Agreement to extend the
term.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 1 of
the Agreement.
3. Terms
3.1 Term. Section 1 of the Agreement is hereby amended to add the following sentence
to the end of the existing section:
The term of this Agreement is extended, and shall include the time period from
July 1, 2021, through June 30, 2022, or to such later date as may be agreed in
writing between the parties.
3.2 Citv's Obligations. Section 2 of the Agreement is hereby amended in its entirety to
read as follows:
For furnishing services, as specified in this Agreement, CITY will pay and
CONTRACTOR shall receive in full compensation, therefore the total sum of
twenty-six thousand four hundred and seventy-five dollars ($26,475) per month as
billed on a per -item monthly basis as set forth in the Contract Documents and
adopted by the CITY. Total contract shall not exceed three hundred and seventeen
thousand seven hundred dollars ($317,700) for one year.
3.3 Contractors Bid. The Contractors Bid incorporated in the Agreement is hereby
amended in its entirety as shown in Exhibit "A".
3.4 Continuing Effect of Aareement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as
amended by this Amendment No. 1.
Contract No. C36781
3.5 Adeauate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 01.
3.6 Severabilitv. If any portion of this Amendment No. 01 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
3.7 Counterparts. This Amendment No. 01 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the same
instrument.
[SIGNATURES ON FOLLOWING PAGE]
Page 2 of 5
Revised 11-2-20
BBK 72500.00001 \32445060.1
Contract No. C36781
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE JANITORIAL SERVICES FOR CITY
OWNED FACILITIES AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND DEDICATED BUILDING SERVICES, LLC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the
Janitorial Services for City Owned Facilities Agreement as of the day and year first above written.
CITY OF PALM DESERT Dedicated Building Services, LLC.
Approved By:
L. Todd Hileman
City Manager
Attested By:
M. Gloria Sanchez
Acting City Clerk
Approved As To Form:
By:
Best Best & Krieger LLP
City Attorney
Reviewed By:
Andy Firestine
Assistant City Manager
Signature
Name
Title
Signature
Name
Title
Page 3 of 5
Revised 11-2-20
BBK 72500.00001 \32445060.1
Contract No. C36781
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Partner(s)
Title(s)
Limited
General
Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Page 4 of 5
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Revised 11-2-20
BBK 72500.00001 \32445060.1
Contract No. C36781
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
▪ Individual
▪ Corporate Officer
Partner(s)
Title(s)
❑ Limited
General
❑ Attorney -In -Fact
n Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Page 5 of 5
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Revised 11-2-20
BBK 72500.00001 \32445060.1
Exhibit "A"
Contractors Bid
1 Palm Desert City Hall Per Month 12 Months $7,500.00 $90,000.00
Estimated 11
hours/day, five days a
week
2 Henderson Comm Ctr Per Month 12 Months
Estimated 4 hours/day,
two days a week
$500.00 $6,000.00
3 Corporation Yard Per Month 12 Months $2,800.00 $33,600.00
Estimated 4 hours/day,
five days a week
4 Portola Community Per Month 12 Months $16,500.00
Ctr
Estimated 2 hours/day, $1,375.00
five days a week
5 Parkview Office Per Month 12 Months $11,500.00 $138,000.00
Complex
Estimated 17.5
hours/day, five days a
week
6 Palm Desert Sheriff Per Month 12 Months $2,800.00 $33,600.00
Substation
Estimated 4 hours/day,
TOTAL BID PRICE $26,475.00 $317,700.00
PALM DESERT SHERIFF SUBSTATION JANITORIAL SERVICES
The currently occupied offices in the basement level (approximately 900 square feet)
and woman's restroom require janitorial services as noted below.
OFFICE AREA
Frequency
Task Daily Weekly Monthly Quarterly Yearly Notes
1 Empty waste containers at each work X
station and replace liners
2 Wash and wipe all trash containers X
3 Vacuum carpeted areas X
4 Vacuum under desks X
5 Clean all baseboard and vacuum edge of X Monthly or as
carpeted areas needed.
Spot clean minor stains in carpet X Monthly or as
needed.
7 Dust desks (where open space allows), X
tables, furniture and equipment
8 Dust the top of all cubicles, bookcases, X Weekly or as
window ledges, return and supply A/C vents needed
and all surfaces within five feet of the floor.
9 Dust all areas above five feet X Monthly or as
needed.
10 Spot clean all wall surfaces where needed X Monthly or as
needed.
11 Clean all doors and door frames X Monthly or as
needed.
12 Take all trash to trash bins X
13 Clean all light switches, walls, and file X Monthly or as
cabinets. needed.
WOMAN'S RESTROOM
Frequency
Task Daily Weekly Monthly Quarterly Yearly Notes
1 Clean and disinfect commodes, sinks, X
faucets, countertops, stainless steel
dispensers, chrome areas, and grab bars
2 Clean partitions, tile walls, light switches, and X X Weekly: as
door surfaces needed.
Monthly:
thoroughly
3 Clean all mirrors thoroughly X Weekly or as
needed
4 Disinfect, sweep floors and wet mop all hard X Disinfectant
floor services cleaning solution
5 Restock restroom with paper supplies and X Weekly or as
replenish soap dispensers needed
6 Empty trash and replace liners X Weekly or as
needed
7 Detail floors and corners X
6 Remove lime build up in corners X
9 Deep grout cleaning X
EXTRA WORK PRICING SCHEDULE
Hourly wages for extra work to be performed noted below:
$ _26_ per hour
$ _39 per overtime hour
At City's discretion, additional work may be paid for using the contractual hourly rate for
labor listed above.
The hourly rate for EXTRA WORK will be in effect for the term of the contract, but will
be due and payable when and if services are rendered or used, and only with prior
written permission of the City.
CONTRACT NO. C36781
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken
or a resolution passed June 10, 2021 has awarded to Dedicated Building Services, LLC.,
hereinafter designated as the "Principal," a contract for the work described as follows:
Janitorial Services for City Owned Facilities (the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project May 24, 2018 ("Contract Documents"), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of Three Hundred Seventeen Thousand
Seven Hundred and 00/100 Dollars ($317,700.00) lawful money of the United States of America,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
72500.00001\32375614.1 (Revised 10-29-19)
CONTRACT NO. C36781
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 20
(Corporate Seal)
Contractor/ Principal
(Corporate Seal)
By
Title
Surety
By
Attorney -in -Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
72500.00001\32375614.1 (Revised 10-29-19)
CONTRACT NO. C36781
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Partner(s)
Title(s)
❑ Limited
n General
❑ Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal
72500.00001\32375614.1 (Revised 10-29-19)
CONTRACT NO. C36781
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20, before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Partner(s)
Title(s)
❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
E Guardian/Conservator
E Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
72500.00001\32375614.1 (Revised 10-29-19)
CONTRACT NO. C36781
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded
to Dedicated Building Services, LLC., (hereinafter referred to as the "Contractor") an agreement
for Janitorial Services for City Owned Facilities (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated June 10, 2021, (hereinafter referred to as "Contract
Documents"), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of Three Hundred Seventeen Thousand Seven Hundred and
00/100 Dollars ($317,700.00) , said sum being not Tess than one hundred percent (100%) of the
total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety
hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall
limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
72500.00001\32375614.1 (Revised 10-29-19)
CONTRACT NO. C36781
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3)
Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
72500.00001\32375614.1 (Revised 10-29-19)
CONTRACT NO. C36781
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
20).
(Corporate Seal)
(Corporate Seal)
Contractor/ Principal
By
Title
Surety
By
Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium
charges, $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
72500.00001\32375614.1 (Revised 10-29-19)
CONTRACT NO. C36781
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
E
E
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Partner(s)
Title(s)
Limited
❑ General
Attorney -I n-Fact
Trustee(s)
Guard ian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
72500.00001\32375614.1 (Revised 10-29-19)
CONTRACT NO. C36781
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20, before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
7 Partner(s) • Limited
❑ General
▪ Attorney -In -Fact
▪ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
72500.00001\32375614.1 (Revised 10-29-19)
Palm Desert Contractual Amounts for 2021-2022
Location
Palm Desert City Hall
Henderson Community Center
Corporate Yard
Portola Community Center
Parkview Office Complex
Sheriff's Sub -Station
Daily Hours Monthly Annually
11 $7,500.00 $90,000.00
2 $500.00 $6,000.00
4 $2,800.00 $33,600.00
2 $1,375.00 $16,500.00
17.5 $11,500.00 $138,000.00
4 $2,800.00 $33,600.00
Grand Total ######### ##########
Hourly Rates
Overtime Rates
$26.00
$39.00