HomeMy WebLinkAboutC36780 - City Facilities Janitorial Svcs 771-19 Contract No. C36780
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: May 24, 2018
PREPARED BY: Carlos Hernandez, Facilities Maintenance Manager
REQUEST: Award Contract No. C36780, a three-year contract, for the City
Facilities Janitorial Services to Dedicated Building Services, LLC, of
Studio City, California, for the annual amount of $264,300 (Project
No. 771-19).
Recommendation
By Minute Motion:
1. Award Contract No. C36780, a three-year contract, for the City
Facilities Janitorial Services to Dedicated Building Services, LLC, of
Studio City, California, for the annual amount of $264,300 (Project No.
771-19);
2. Authorize the City Manager to execute the contract.
Funds are available in Account No. 1104330-4331000, R/M Buildings; 1104340-
4332600, R/M Janitorial; 5104195-4369601, CAM-BLDG #444 Parkview; and
5104195-4369800, Henderson Bldg.
Strategic Plan
Providing janitorial service to City-owned facilities is an ongoing operations function
and, as such, does not directly contribute to the objectives of the Strategic Plan.
Background
In past years, the City Council awarded two separate contracts for janitorial services of
City-owned facilities. One contract included the daily janitorial services at City Hall,
Corporation Yard, Portola Community Center, and Henderson Building. The second
contract was specifically for the Parkview Office Complex. The original contracts were
awarded by the City Council to Dedicated Building Services, LLC, on August 28, 2014,
for a period of three years, with the option of two, one-year extensions. The last
extension for both contracts was approved on April 27, 2017, for a combined total
amount of $178,082.76.
May 24, 2018 - Staff Report
Award C36780 to Dedicated for City Facilities Janitorial Services
Page 2 of 2
Both extensions are set to expire on June 30, 2018; therefore, staff opted to combine
and award the janitorial services for all City-Owned facilities under one contract for a
term of three years with an option of two, one-year extensions. Therefore, a Notice
Inviting Bids for the City Facilities Janitorial Services was advertised, and on April 18,
2018, sealed bids were opened and read aloud.
Company Name City Bid
Dedicated Building Services, LLC Studio City, CA $264,300 annually or
$792,900 for three years
Staff reviewed the only bid received from Dedicated Building Services, and found it to
be significantly higher from the current contract. Therefore, staff contacted them, and
they have attributed the increase to increases in minimum wage for the next three
years; current increases in federal unemployment, worker's compensation and general
liability rates; and new sick leave requirements. In addition, staff added quarterly
window cleaning and floor care to the contract. Staff found the increase to be justifiable,
and since Dedicated's performance has met City standards, staff recommends that the
contract be awarded to Dedicated Building Services, LLC, of Studio City, California.
Fiscal Analysis
This is a maintenance activity and there is no fiscal impact beyond the contract amount;
however, the amount budgeted during the FY 18/19 budget preparation was based on
the current budget amount; therefore, additional funding may be required in FY 18/19.
Staff will budget accordingly in year's two and three.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
•
N/A SO(4-0
Timo y Fi Jonasso , P.E. et Moore 'rauri Aylaian
Robert W. Hargreaves Independent Interim Director of Finance City Manager
City Attorney Director of Public Works
CONTRACTOR: Dedicated Building Services, LLC
11338 Moorpark Street
Studio City, California 91602
CONTENTS: Contract Agreement
Performance Bonds
Contractor's Proposal
Contract No. C36780
CITY OF PALM DESERT
JANITORIAL SERVICES FOR CITY OWNED FACILITIES
CONTRACT NO. C36780
AGREEMENT
THIS AGREEMENT is made and entered into the City of Palm Desert on May 24, 2018,
by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter
referred to as "CITY", and DEDICATED BUILDING SERVICES, LLC, referred to as
"CONTRACTOR" to provide janitorial services at the following City owned facilities: 73-
510 Fred Waring Drive (City Hall), 72-559 HWY 111 (Henderson Building), 74-705/74-
605 42nd Avenue (Corporation Yard), 45-480 Portola Avenue (Portola Community
Center), and 73-710 & 73-720 Fred Waring Drive ( Parkview Office Complex).
WITNESSETH:
RECITALS:
CONTRACTOR has submitted to CITY" its Contractor's Bid for the project listed above,
1. CITY FACILITIES JANITORIAL SERVICES, PROJECT NO. 771-19, CONTRACT
NO. C36780, in strict accordance with the Contract Documents identified below,
CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found
it to be correct, has ascertained that its Subcontractors are properly licensed and
possess the requisite skill and forces, has examined the site and Contract in
accordance with the Contract Documents for the money set forth in its Bid to be
paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. TERM. The term of this Agreement shall be from date of execution of this
instrument through July 1, 2018, through June 30, 2021, for a maximum of Thirty-
six (36) months, or to such later date as may be agreed in writing between parties.
City has the option of two (2) extensions to the contract for one (1) year (12
months), based on the performance of the Contractor and by mutual agreement.
2. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement,
CITY will pay and CONTRACTOR shall receive in full compensation, therefore the
total sum of Twenty-Two Thousand Twenty-Five dollars ($22,025) 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 Seven Hundred Ninety-
Two Thousand Nine Hundred dollars ($792,900) for Thirty-six (36) months.
Contract No.C36780
3. CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by CITY,
CONTRACTOR agrees with CITY to furnish the services and to do everything
required by this Agreement and the contract documents.
4. HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend,
indemnify, and hold harmless The City of Palm Desert, its officials, officers,
employees, representatives, and agents from and against all claims lawsuits,
liabilities or damages of whatsoever nature arising out of our connection with, or
relating in any manner to, any act or omission of CONTRACTOR, his agents,
employees, subcontractors and employees thereof in connection with, the
performance or non-performance of this Agreement. The CONTRACTOR shall
thoroughly investigate any and all claims and indemnify the CITY and do whatever
is necessary to protect the City of Palm Desert, its official, officers, employees,
agents, and representatives as to any such claims, lawsuits, liabilities or damages.
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing, signed by the CONTRACTOR and approved by the
City Council of the CITY.
6. TERMINATION. If, during the term of this Agreement, CITY determines that
CONTRACTOR is not faithfully abiding by any term or condition contained herein,
CITY may notify CONTRACTOR in writing of such defect or failure to perform;
which notice must give CONTRACTOR a three-day notice of time thereafter in
which to perform said work or cure the deficiency. If CONTRACTOR fails to
perform said work or cure the deficiency within the three (3) days specified in the
notice, such shall constitute a breach of this Agreement and CITY may terminate
this Agreement immediately by written notice to CONTRACTOR to said effect.
Thereafter, except as otherwise set forth herein, neither party shall have any
further duties, obligations, responsibilities, or rights under this Agreement except,
however, any and all obligation of CONTRACTOR's surety shall remain in full force
and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination hereof. In said event, CONTRACTOR shall be entitled to the
reasonable value of its services performed from the beginning of the period in
which the breach occurs up to the day it received CITY's Notice of Termination,
minus any offset from such payment representing the CITY's damages from such
breach. CITY reserves the right to delay any such payment until completion of
confirmed abandonment of the project, as may be determined in the CITY's sole
discretion, so as to permit a full and complete accounting of costs. In no event,
however, shall CONTRACTOR be entitled to receive in excess of the
compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for any
reason.
Contract No. C36780
7. CONTRACT DOCUMENTS: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The
General Terms and Conditions; (h) The Specific Terms and Conditions; (i) The
Standard Specifications as modified in other portions of the Contract Documents;
(j) Addenda Nos. 1 ; (k) Any Change Orders issued; (n) Any additional or
supplemental specifications, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents. All of said Documents
presently in existence are by this reference incorporated herein as if here set forth
in full and upon the proper issuance of their documents they shall likewise be
deemed incorporated.
8. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be
of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
9. ANTI-DISCRIMINATION. In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such subcontractors
as it may employ, to engage in discrimination in employment of any person
because of the age, race, color, sex, national origin or ancestry, or religion of such
persons. Violation of this provision may result in the imposition of penalties referred
to in Labor Code Section 1735.
10. AUDIT. CITY shall have the option of inspecting and/or auditing all records and
other written material used by CONTRACTOR in preparing its statements to CITY
as a condition precedent to any payment to CONTRACTOR.
11. NOTICE. All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail, return receipt requested,
addressed as follows:
Office of the City Clerk Dedicated Janitorial Services
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
12. LITIGATION COSTS. In the event an action is filed by either party to enforce any
rights or obligations under this Agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees and court costs, in addition to any other relief
granted by the court.
13. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do
warrant that each individual executing this Agreement on behalf of each party is a
person duly authorized.
Contract No. C36780
14. Execution of the Agreement by the parties constitutes their agreement to abide by
all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self-insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Timothy R. Jonasson, P.E. Robert W. Hargreaves
INDEPENDENT INTERIM DIRECTOR CITY ATTORNEY
OF PUBLIC WORKS
Contract No. C36780
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me, , a
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 (seal)
Contract No.C36780
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Dedicated Janitorial Services, LLC., hereinafter designated as the
"Principal", a contract for:
CITY FACILITIES JANITORIAL SERVICES
PROJECT NO. 771-19
CONTRACT NO. C36780
WHEREAS, said Principal is required under the terms of said contract to furnish a
good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, the
Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
Seven Hundred Ninety-Two Thousand Nine Hundred Dollars ($792,900), being 100%
of the contract amount in lawful money of the United States of America for the payment
of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided, on
his or their part, to be kept and performed at the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and
save harmless the City, its officers and agents, as therein stipulated, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or the
specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Contract No. C36780
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20 .
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
County of )
On before me,
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 (Seal)
CITY OF PALM DESERT
CITY FACILITIES JANITORIAL SERVICES
PROJECT NO. 771-19
CONTRACT NO. C36780
CONTRACTOR'S BID
TO: CITY OF PALM DESERT
April 9, 2018
DATE:
BIDDER: Dedicated Building Services, LLC , "CONTRACTOR"
The UNDERSIGNED, CONTRACTOR, having carefully examined the Contract
Documents for the CITY FACILITIES JANITORIAL SERVICES hereby proposes to
provide the services in accordance with the Contract Documents, including Addendum
Nos. A. for the amount stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with the City:
1. That unless withdrawn in person by CONTRACTOR or some person authorized in
writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this Bid
constitutes an irrevocable offer for ninety (90) calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time the
contract shall be deemed awarded.
4. To submit to the CITY such information as the CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
Page 8 of 56
CITY to do or cause to be done the work involved, lease and rental costs, additional
salaries and overhead, increased interest and costs of funding the project, attorney
expense, additional engineering and architectural expense and cost of maintaining
or construction of alternate facilities occasioned by the failure to execute and
deliver said documents.
It is understood that the price shown hereon includes all phase and types of work
described in the specifications. The lump sum cost for performing the entire scope of the
contract work shall be indicated.
Palm Desert City Hall
1 estimated 11 hours/day, Per month 36 $ 7,000.00 $ 252,000.00
five days a week
Henderson Comm Ctr
2 estimated 2 hours/day, Per month 36 $ 450.00 $ 16,200.00
two days a week
Corporation Yard
3 estimated 4 hours/day, Per month 36 $ 2,600.00 $ 93,600.00
five days a week
Portola Community Ctr
4 estimated 2 hours/day, Per month 36 $ 1,275.00 $ 45,900.00
five days a week
Parkview Office
Complex
5 estimated 17.5 Per month 36 $ 10,700.00 $ 385,200.00
hours/day, five days a
week
TOTAL BID PRICE $ 22,025.00 $792,900.00
The costs of any work shown or required in the Contract documents and specifications,
but not specifically identified as a Pay Item are included in the related Pay Item(s), and
no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Contract documents and specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ $792,900.00
TOTAL AMOUNT BASE BID IN WORDS
Seven Hundred Ninety Two Thousand Nine Hundred Dollars and Zero Cents
Page 9of56
Bid amount of each of the above bid items must be filled in and completed in figures
and words. Bidders must provide pricing for each alternate, if any are listed. If a bidder
fails to provide pricing for all alternates, the bid will be considered non-responsive. The
City will award the bid in the following manner, contingent upon the availability of
funding. These items are listed in order of consideration:
1. The lowest bidder for the Base Bid.
EXTRA WORK PRICING SCHEDULE
Please indicate hourly wages for extra work to be performed below:
$ 24.00 per hour
$ 36.00 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.
Page 10 of 56
It is understood that this contract shall be awarded based on the lowest
responsive Bid as outlined above. It is further understood that after opening of
bids, no adjustments to the TOTAL LUMP SUM BASE BID OR ALTERNATE
ITEM(S) PRICE shall be allowed.
IN WITNESS WHEREOF CONTRACTOR ecuted is Bid as of date set forth on
Page C-1:
By:
Signature
Title: Manager
CONTRACTOR
State of California )
County of -DS )
Subscribed and sworn to (or affirmed) before me on this ol441 day of s(i
(month), (2..br9 (year), by D, ' . C. S rr'I \.
, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Signature of Notary r ` NS1/4 30V-EA) (Seal of Notary)
commission #2102759
MARIA TERESA GOVEA 1 �'• I Notary Public-CaHfornia
Pr Commission 2102759 Vr'r►/ Los Angeles County
' Notary Public CaliforniaI ia Comm. Mr 12 2019
'+% Los Angeles County
Comm. res Mar 12,2019
Page 11 of 56
(NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN
FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT)
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may
be attached if necessary.
(1) Firm Name Dedicated Building Services, LLC
(2) Address 4419 Van Nuys Blvd., Suite 209, Sherman Oaks, CA 91403
(3) Telephone No. (818) 732-4162
(4) Type of Firm (Individual, Partnership or Corporation LLC
(5) Corporation organized under the laws of the State of CA
(6) Business License No. 17-00060685 Exp. Date 06/30/18
CONTRACTOR hereb wears under penalty of perjury that this information
provided is tru a rect.
By: Title:
Manager
'gnature Contractor
(7) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
Derek C. Smith
(8) Number of years' experience providing janitorial services 5 years
(9) Number of years experience with municipal janitorial service contracts 5 years
(10) List at least three references for which CONTRACTOR has performed commercial
or governmental Janitorial Services that are comparable in size and specifications
(occupied office complex, retail), as asked for in this contract, within the last 5
years. CONTRACTOR shall list at least one reference with which it has held a
contract with for at least 3 consecutive years:
Page 12 of 56
a. Reference Name: City of Palm Desert
Telephone No: Mr. Carlos Hernandez, (760) 862-6810
Job Address: 73-510 Fred Warning Drive, Palm Desert, CA 92260
Job description, size: Clean City Hall, Corporate Yards, Community Centers and
two office buildings.
No. of Years providing janitorial services for this reference: 4 years
Was work performed during occupied office hours? yes
b. Reference Name: City of Los Angeles
Telephone No: Ms. Loretta Quenon, (213) 978-8755
111 E. 1st Street, Room 501, Los Angeles. CA 90012
Job Address:
Job description, size:Clean over 120 locations (1,800,000 sqft) including Libraries,
Municipal Buildings, Yards and Community Centers
4 years
No. of Years providing janitorial services for this reference:
Was work performed during occupied office hours? both, during and after
c. Reference Name: Housing Authority City of Los Angeles
Telephone No: Ms. Pat McLauglin (213) 252-1832
Job Address: 2600 Wilshire Blvd., Los Angeles, CA 90057
Job description, size: Clean over 200,000 sqft including four (4) locations
Offices, conference rooms, workout facility and exterior areas
No. of Years providing janitorial services for this reference: 4 year
Was work performed during occupied office hours? both, during and after
Page 13 of 56
(11) List at least three references for which the CONTRACTOR has performed
Janitorial Services; but no longer performs janitorial services (May list same
references as listed in (10) above:
a. Reference Name UCLA Athletics Department - Mr. Kevin Borg
Address J.D. Morgan Center, Los Angeles, CA 90095
Phone Number (310) 206-6662
b. Reference Name
Address
Phone Number
c. Reference Name
Address
Phone Number
(12) LOCAL OFFICE REQUIREMENT: List the local office address OR significant
related experience (refer to page 35 of this document for details).
Address: 57960 Troon Way, La Quinta, CA 92253
Significant related experience: Dedicated has provided janitorial services to the
City of Palm Desert for the past four (4) years. We have demonstrated our ability
to successfully provide services to all facilities included in the RFP.
(13) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the
following list gives the name business address, and portion of work (description of
work to be done) for each subcontractor that will be used in the work if the bidder
is awarded the Contract, (Additional supporting data may be attached to this page.
Each page shall be sequentially numbered, and headed "Proposed Contractors"
Page 14 of 56
and shall be signed.) The Bidder shall list all subcontractors who will perform work
or labor or render service to the prime contractor in excess of one-half of one
percent of the prime's bid.
Subcontractor's Name: None
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: Percent of Work1
bCI
Name of Bidder / Signature f idde
(14) List the name of the person who inspected the site of the proposed work for your
firm Edward Beasley
(15) A financial statement or other information and references sufficiently comprehensive
to permit an appraisal of your current financial condition may be required by the
City.
Page 15 of 56
NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the Manager of Dedicated Building Services, LLC , the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation.
The bid is genuine and not collusive or sham. The bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid. The bidder has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to
fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder. All statements contained in the
bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or
any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and
has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does execute,
this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on
April 9 , 20 18, at Sherman Oaks , CA .
By: City sta
Derek C. S ' h
Signature
Title: Manager
CONTRACTOR
Page 16 of 56
This addendum addresses the following questions regarding the bid documents
for the above referenced project:
1. Question: What is the square feet per cleanable area per facility?
Answer: Square footage is not available
2. Question: What is the current price of the incumbent?
Answer: $178,082.76 annually
3. Question: Can you please provide the total tile/linoleum square footage
that must be stripped and waxed in the Parkview Building?
Answer: Square footage is not available
4. Question: What is the current contract price?
Answer. Refer to question No. 2
5. Question: If one cannot obtain the performance bond once awarded
does one lose their bid bond?
Answer: Yes, refer to Bidder's Bond
1
BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, Dedicated Building Services, LLC as principal,
and Indemnity Company of California as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ 10% of bid amount(10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden principal to perform certain work described as follows:
CITY FACILITIES JANITORIAL SERVICES
Project No. 771-19
Contract No. C36780
The general items of work to be done hereunder consist of: Daily janitorial services at City
facilities.
and dated April 18, 2018 is accepted by the City of Palm Desert,
and if the above bounden principal Dedicated Building Services, LLC shall
duly enter into and execute a contract for such construction, and shall execute and deliver
the Performance Bond and insurance certificates as required by said contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Page 17 of 56
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 10th day
of April 2018
Contractor's Name: Dedicated Bu' i g Se i es, LI.0
Contractor's Signature: ,
Title: /V . F1�
Address: 4419 Van Nuys Blvd., Ste. 209, Sherman Oaks, CA 91403
Telephone: 818-732-4162
Surety's Name: Indemnity C pany of California
Surety's Signature:
D id Noddle
Title: Attorney in Fact
Address: 17771 Cowan, Ste. 100, Irvine, CA 92614
Telephone: 949-263-3300
Acknowledgment
State of California
County of )S A P.L.GS•
On ��''` �� i ��� before me, f il a✓'0. 7-crew. C overt
personally appeared D.ere,k, c • S►'�' '1
, 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 r0 C. (Seal)
MARIA TERESA GOVEA
f10'.` Commission#2102T59
••�t • Notary Public-Catania
VI n/ Los Angeles County
Page 18 of 56 • M comm.E re:Mar 12 2019
CALIFORNIA ALL-PURPOSE 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
i !
County of Los Angeles
On APR 10 2018 before me, A. Bisordi , Notary Public
personally appeared David Noddle
I I.
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.
A.BISOROI `m"
rg NOTARY PUBLIC•CALIFORNIA
^LOS ANGELES COUNTY _
"' COMMISSION*2111128 �' WITNESS my hand and official seal.
MY COMM.EXPIRES MAY 11,2019 C
Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER Title or Type of Document
I j PARTNER(S) Number of Pages
I I MEMBER of LLC
❑ ATTORNEY-IN-FACT
j TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR Date of Document
OTHER:
SIGNER IS REPRESENTING: Signer(s)other than named above
NAME OF PERSON(S) OR ENTITY(IES)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Angela Bisordi, Sheila Noddle, Renee Tarica, David Noddle,jointly or severally*'*
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocaton,and all of the acts of said Attomey(s)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adcated by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorrey(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017.
By: �• �AND/,y0 COG,'
Daniel Young,Senior Vice PresidentV°7- 6 �oaPoiiilFo'•
By. J�'•.• �,▪ �,(IFOF •Dye;•Mark Lansdon,Vice-President �d • 'es `
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 Orange
On _ February 6,2017 before me, -__ Lucille Raymond,Notary Public
Date Here Insert Name and Titled the Officer
personally appeared Daniel Young and Mark Lansdon _
Names)of Signer(s)
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 signatures)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the person(s)acted,executed the instrument.
.4111101 ,— Commission Al 2011945
tf Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
4:9 Oran .County true and correct
• Mr Comm.ExD res Oct 13`2014
WITNESS my hand and official seal. qate:fil r lJ,Place Notary Seal Above Signature +
Lucille f�/ayhtond,Notary Public
CERTIFICATE v
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthcrrnore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this day of APR 1 0.2018 *��v AND i yo,, 00ANY o,,
yJe oFPORi••,!o� 1 G ePGAq,:::1?
C..
By: t. . - o ti' 1936 -4 = _ OC7 5 Cassie J. ford,Assistant Lary
gt�oas a` -4 iIF tta
ATS-1002(02/17)