HomeMy WebLinkAboutC33740 - Awrd - Janitorial Svcs for City Facilities Contract C33740
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C33740 TO
DEDICATED BUILDING SERVICES, LLC FOR THE CITY
FACILITIES JANITORIAL SERVICES IN THE AMOUNT NOT TO
EXCEED $125,065.50 (PROJECT NO. 771-15)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Dedicated Building Services, LLC
11338 Moorpark Street
Studio City, CA 91602
DATE: August 28, 2014
CONTENTS: Contract Agreement and Bond
Contractor's Proposal
Recommendation
By Minute Motion:
1. Authorize the award of Contract No. C33740 to Dedicated Building
Services, LLC, Studio City, California, for the City Facilities Janitorial
Services in the amount not to exceed $125,065.50 ($5,955.50 per
month) (Project No. 771-15);
2. Authorize the Director of Finance to set aside 10 percent ($12,506.55)
as contingency; and
3. Authorize the Mayor to execute the contract.
Funds are available in Unobligated General Fund to Building Maintenance Janitorial
Services, Account No. 110-4340-413-3326.
Backqround
On June 26, 2014, the City Council ratified the City Manager's approval of the interim
contract for janitorial services with Dedicated Building Services and authorized staff to
solicit bids for a new contract.
Staff Report
Award C33740 to Dedicated for City Facilities Janitorial Services (Project No. 771-15)
Page2of2
August 28, 2014
On July 16 and 23, 2014, the Notice Inviting Bids for City Facilities Janitorial Services
was advertised, and on August 11, 2014, sealed bids were opened by the City Clerk.
Below is a summary of the bids received:
Com an Name Ci Bid
Dedicated Buildin Services, LLC Studio Cit , CA $125,065.50
ABM Onsite Services — West, Inc. Rancho Cucamon a, CA $146,286.00
Staff recommends that the contract be awarded to Dedicated Building Services, LLC, of
Studio City, California, as the lowest responsive bidder. Staff has been satisfied with
Dedicated's perFormance during the interim contract period, and has reviewed
Dedicated's references and qualifications and found them to be in accordance with the
type of work being performed in this contract.
The 21-month contract period was established to coincide with fiscal year ending June
30, 2016. An October 2014 commencement is anticipated. The contract provides the
City with two options for one-year extensions following expiration of the initial contract
period. Each request to exercise the option for contract extension will require City
Council approval.
Fiscal Analvsis
This is a maintenance activity and there is no fiscal impact beyond the contract amount.
Prepared By:
��._ � ��
��
Heather Buck David Flint
Project Coordinator Building Maintenance Supervisor
Departmen Head:
1 CiTY COUNCIL�CTION
APPROVED � DENiF,D
Mark Gr nwood, P.E. RECEIVED OTHER
Direc r Public Works
ME�T G DA /
� AYES: m� r �n��r�
Paul S. Gibson, Director of Finance NOF,s: �
ABS�NT: �-
App v I: AT3STAIN: on�.
VI;RIFIED BY: O m
Original on File with City Clerk's Officc
Joh . Wohlmut , City Manager
G:\PubWorks\Staff Reports�2014Wugust 28\10 Award C37740 for Janitorial Contract P771-15\SR Award C33740 Janitorial Services 771-15.doc �
Contract No.C33740
AGREEMENT FOR JANITORIAL SERVICES FOR
CITY OWNED FACILITIES
THIS AGREEMENT is made and entered into the City of Palm Desert on Auqust 28,
2014, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "CITY", and Dedicated Buildinq Services, LLC referred to as
"CONTRACTOR" to provide janitorial services at the following City owned facilities: 73-
510 Fred Waring Drive (City Hall), 73-470 EI Paseo, Suite F-7 (Visitor's Center), 74705
42�d Avenue (Corporation Yard), and 45-480 Portola Avenue (Portola Community
Center).
WITNESSETH:
RECITALS:
CONTRACTOR has submitted to CITY" its Contractor's Bid for the project listed above,
1. CITY FACILITIES JANITORIAL SERVICES, PROJECT NO. 771-15,
CONTRACT NO. C33740, 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 June 30, 2016 for a maximum of Twenty-one (21) months, or
to such later date as may be agreed in writing between parties. City has the
option of twice extending the contract for one 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 Five Thousand Nine Hundred Fiftv-five and no/100 dollars
($5,955.50)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
One Hundred Twenty-five Thousand Sixtv-five and 50/100 dollars ($125,065.50)
for Twenty-one (21) months.
3. CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and
agreements hereinbefore mentioned to be made and perFormed by CITY,
Contract No. C33740
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.
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
Contract No. C33740
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 CONTRACTOR
CITY OF PALM DESERT Diamond Contract Services, Inc.
73-510 Fred Waring Drive 2249 N. Hollywood Way
Palm Desert, CA 92260 Burbank, CA 91505
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.
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
Contract No. C33740
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: Mavor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
Contract No.C33740
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)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Dedicated Building Services, LLC hereinafter designated as the "Principal",
a contract for:
CITY FACILITIES JANITORIAL SERVICES
PROJECT NO. 771-15
CONTRACT NO. C33740
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, Dedicated Buildinq Services, LLC 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 One Hundred
Twenty-five Thousand Sixty-five and 50/100 Dollars ($125,065.50), 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. C33740
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)
COMTRACTQR'S BID
CITY FACILITIES JANtTOR1AL SERVICES
PROJECT NO. 771-15
CONTRACT NO. C33740
TO: CITY OF PALM DESERT
DATE: August 9,2014
BIDDER: Dedicated Building Services, LLC , "CONTRACTQR"
The UNDERSiGNED, CONTRACTOR, having carefully examined the Contract
Documents fa� the CITY FACILITIES JANITORIAL SERVICES hereby proposes to
provide the services in accordance with the Contract Documents, including Addendum
Nos. 1 for the amount stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with the City:
1. That unless withdrawn in person by GUNTRACTQR or some person authorized
in writing by CONTRACTOR — not by telephone o� telegram — before the time
specified in the Nofice inviting Bids for the public opening of bids, this Bid
constitutes an irrevocable offer for ni�ety(90}calendar days after that date.
2. The C{TY has the right to reject any or ali Bids and to waive any irt�egularities or
informalities co�tained in a Bid.
3. That the contract shatt be awarded only by the goveming body of CITY. Sa�
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all cantraGt documents, bands, insurance documentation, and the
CfTY shaN abtain atl necessary signatures of the goveming body, at which time
the contract shalt be deemed awarded.
4. To submit to the CITY�such info�rnation as the CITY may require to detemtine the
Bidders financia! standing expehence and to pertoRn the work.
5. That the accompanying cert'rfied or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTC?R wi11 execute the
Agreement and deliver the required bonds and cert�cates 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 witt� the costs of the resulta�t
damages to CITY, including but not iimited to publication costs, the cliffetertce 3n
money between the amourrt b� and the amount in excess of the bid which costs
CITY #o do or cause to be done the work invotved, lease and rental costs,
Page 8 of 51
Contract No. C33740
additiona! salaries and overt�ead, mcreased intenest and c�sts of funding the
projed, attomey expense, additionai engineering and architectural expense and
cost of maintaining or construation of altemate facilities occasioned by the failure
to execute and deliver said documerrts.
!t is understood that the price shown herean inciudes all phase and types of work
described in the specifications. The {ump sum cost for performing the entire scope of
the contract wo�lc shali be indicated.
- s .F ,��,- ,
' �n�, ���� :��, g� ���° � �
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Janitorial services for City Per month 21 �3,550.23 �'I4,S54. 3
Hal! (estimated 10 man-
� hoursJda
Janitorial services for the Per month 21 $ 343.6i $ 7,215. 1
Yisitor's Center (astimafed
2 1 man-hours/da
Janitorial services for the Per mo�h 21 $ 1,374.44 $28,863. 4
Corporation Yard
(estlmated 4 man-
3 hours/da
Janitorial services for the Per morrth 21 $ 68�.2z $ta,431. 2
Pqtola Community Center
(es�timated 2 man-
4 hours/da
TOTAL BID PRICE $ 125,065.50
The costs of any wottc shown or requited in the Contract documents and specifications,
but rwt specificai�y identfied as a Pay Item are included in the related Pay item(s), ar�
no additionai compensation shalf be due CONTRACTOR by virtue of CONTRACTQR'S
compliance wifh the Contract documerrts arxt specifications.
TQTAL AMOUNT BASE BID IN FIGURES$ 125,065.50
TOTAL AMOUNT BASE BID IN WORDS One Hundred Twenty Five Thousand
Si�y Five Dollars and Fifty Cents.
Page 9 of 51
Contract No. C33740
Bid amount of each of the above bid items must be filted in and completed in figures
and words. Bidders must provide pricing for each altemate, if any are listed, if a bidder
fails fo provide pricing for a!I altemates, the bid will be considered non-responsive. The
City wiil award the bid in the following manner, contingent upon the availability of
funding. These items are tisted 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:
� 18.00 _per hour
27.00 per overtime hour
At City's discre#ion, additional work may be paid for using the contractual houriy rate for
fabor listed above.
The houriy rate for EXTRA WORK will be in effect for the term of the contract, but will
be due and payabie when and if services are rendered or used, and only with priar
written permission of the City.
Page i 0 of 51
Contract No. C33740
i# is understood that this contract shall be awarded based on the fowest
responsive Bid as outlined above. It is further understood that atter opening of
bids, no adjustments to ths TOTAL LUMP SUM BASE BID OR ALTERNATE
ITEM(S) PRICE shali t� allowed.
IN WITNESS WHEREOF CONTRACTOR e uted is Bid as of date set farth on
Page C-1:
�-----
By: _
__.
.______._._
ignature
Tit1e: ,_Mana�er
CONTRACTOR
State of Califomia �
County of�o_� �iii/ � / � �
< L'�_)
Subscribed and swom to(or affirmed)before me on this % day of �l'�t�
(month), ,��..LL�Year), by_��j-� r',,niia2n �cM�T�9
, praved ta me on the basis of sat�sfactory evidence to be the persor�'
who appeared before me.
Signature of Notary ��' 1 ,(i�'' ����'��,;
--r---r (Seal of Notary)
Page 19 of 51