HomeMy WebLinkAboutC30650 Fiscal Year 2011 / 2012 Commercial and Residential Street Sweeping ServicesC30650
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD COMMERCIAL AND RESIDENTIAL STREET SWEEPING
CONTRACT C30650 FOR FISCAL YEAR 2011-2012 TO CLEAN
SWEEP ENVIRONMENTAL OF ROCKLIN, CA IN THE AMOUNT
OF $129,402.00
BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Lance Soares, Inc., DBA Clean Sweep Environmental
4235 Duluth Ave. #A
Rocklin, CA 95765
DATE: May 26, 2011
CONTENTS: Contractor's Bid
Agreement C30650 Form
Performance Bond Form
Recommendation
By Minute Motion:
1. Waive a non -substantive bid irregularity and award Contract
C30650 to Clean Sweep Environmental for commercial and
residential street sweeping services for the 2011-2012 fiscal
year, in the amount of $10,783.50 per month, or $129,402.00
per year; and
2. Authorize the Mayor to execute the agreement.
Funds are available in General Fund Account No. 110-4310-433-3320, Street Repair
and Maintenance.
Background
All public streets in the City of Palm Desert are swept biweekly: some under contract
with the City and some (major arterials) under contract with the Coachella Valley
Association of Governments. On April 20, 2011, the City Clerk advertised and called
Staff Report to Award C30650 Commercial and Street Sweeping Contract
May 26, 2010
Page 2of3
for bids for the City's annual Commercial and Residential Street Sweeping Contract for
Fiscal Year 2011-2012.
On May 6, 2011, bids were opened publicly and read aloud, with the following results:
Lance Soares/Clean Sweep Environmental of Rocklin, CA $129,402.00
Athens Services of City of Industry, CA $144,622.14
CleanStreet of Gardena, CA $149,736.60
Cannon Pacific Services of San Marcos, CA $270,573.42
Lance Soares, Inc., DBA Clean Sweep Environmental, is the lowest bidder and staff is
confident in Contractor's ability to provide services to City standards. In its bid,
Contractor failed to acknowledge the only addendum issued on the contract
specifications; however, the information contained therein did not affect Contractor's
ability to make a responsible bid.
Fiscal Analysis
The street sweeping contract was last bid and awarded in 2009 at the rate of $28.45 per
curb mile, and renewed with no change in 2010. The new contract, at $21.00 per curb
mile, reduces the annual expenditure by more than $46,000.00. As an ongoing
maintenance activity there is no fiscal impact beyond the contract amount. Funds are
available in General Fund Account No. 110-4310-433-3320, Street Repair and
Maintenance.
Prepared By: Department
CIr& HkjMndez Mark Gree ood, P.E.,
Maintenafice Services Manager Director of Public Works
---� CITY COUNCIL'IOlr
Paul S. Gibson, Director of Finance APPROVED DENIED
RECEIVED OTHER
Approval:
Wohlmuth, City Manager
AYES:
NOES:
ABSENT:
ABSTAIN: aaa#
VERIFIED BYs
Original on File with City
Office
CONTRACTOR'S BID PROPOSAL BEGINS WITH THIS PAGE
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2011-2012
CONTRACT NO. C30650
TO: CITY CLERK
CITY OF PALM DESERT
73-510 FRED WARIG DRIVE
PALM DESERT, CA 92260
The undersigned declares that he/she has carefully examined the Bid Terms and
Conditions, the General Terms and Conditions, and the Specific Terms and Conditions
accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the
contents thereof, and is authorized to represent the bidding firm and propose services to
City of Palm Desert.
It is understood that the price shown hereon includes all phases and types of work
described in the specifications. The unit cost per curb mile shall be indicated.
1. Total amount of base bid in figures: $ o7 o— per curb mile (cm).
2. Total amount of base bid in words: WEset .x dollars and
i40 cents per curb mile (cm).
3. Total annual value of contract for purposes of comparison is:
$ d1. oo per curb mile x 237 curb miles x 26 sweepings =
$ I.)9.4a O0 annual value
Undersigned hereby acknowledges receipt of addenda as indicated
rcle hiuhest number that
3 4
Company Name:
L4Nm Sows
Ire dba- ej"ta �a ct'l -OT&(
Company Address:
ya35 j-)utu_4-h
AVE ROCHJJ Ca ag7(015
Office Phone:
Cell Phone: Fax:
(91(o)a53-Moo
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Bid Prepared By:
Title:
Signatu e:
Date:
5 �J
Contac -rson:
Cell Phone:
L "Cle 1<10"IE56
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C30650 SECTION 1, CONTRACT DOCUMENTS Page 8
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2011-2012
CONTRACT NO. C30650
INFORMATION REQUIRED OF BIDDER
In supplying the following information, additional sheets may be attached if needed.
Check if additional sheets are attached: ❑
Check *f additional sheets are not attached:
(1) Company Name and Address _G�_, OAiW5 - if& GIN vf0jV &J7-A1
go?35 DbJul-h Ays 4-A
mkA %1, CA 95-A
(2) Te'ephone No.�3-3aK?0
(3) Type of Firm (Individual, Partnership or Co po-ation) S-CoW
(4) Corporation organized under the laws of the State of CAI Aamor
(5) Contractor's License No. Exp. Date
Contractor's License No. Exp. Date
Contractor's License No. Exp. Date
(6) List the names and addresses of all owners of the firm or names and titles of all
off`cers of the corporation: /_
1-�d.�C�. �ODB ES 1'2E516 -t�T -- O"66-4V Par!, I Pgor
-1145 St..uxrxarwoad 0- `1145 6a11XL"uyo06(C#-
Gra.r,L& &/ . t, c� 4 57410 �-rr� n�.f-e �w }Lie 9 57i1(o
(7) Number of years experience as a street sweeping contractor
(8) Number of years experience with municipal street sweeping contracts 10
(9) Type and number of vehicles and other equipment to be used in the fulfillment of
this contract
Motor vehicles:
TYPE: C
TYPE:
TYPE:
Other equipment:
TYPE:
HOW MANY: _CZ, _
[69134 T>INAMN,
HOW MANY:
HOW MANY:
TYPE: HOW MANY:
TYPE: HOW MANY:
(10) Proposed facilities to be used in the fulfillment of this contract
List location/address of facilities from which work crews and equipment will be
dispatched:
W1)_tA4L-f -!�+
SUBCONTRACTOR LIST
List the names and addresses of each subcontractor who will perform work
related to this contract and indicate what portion of the work will be done by each
subcontractor. (If more than one subcontractor, please check the box below and
Ist all subcontractors on a separate sheet.)
❑ See Subcontractor List on Separate Sheet
No subcontractors will be used
Subcontractor's Name:
License Number:
Address:
Telephore:
Work to be performed:
3
Contract
Hmouni
Additional
information:
$ 3-10,Qp0
Aanud
Additional
information:
Additional
information:
REFERENCES
Initlat°on/
bcope or worK Lompietion uates Contact Person
.r+ luma4 Name
R CJV of -p CIAAA s ness Name
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a3QaO VAJE9f-JX '#Y60 Address
5 r dj&tzo X-A 4165
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S-mzeN
w PAhldr Lar
ST"E T
r a _ etmireiiF
Dg" Wwr-rr Name
GTy aF Coawts Business Name
WID 5'. VICS^triA *~ Address
LOKANAI C& 9.}8$ ne
j-W-Wk e&Vg?;!A Name
GTW &f CAjh1J Business Name
►(OC S. ICF6"` Address
1-Itti.c& Phone
List the name of the person who inspected the site of the proposed work for your firm
JAc,L Go , G&q".ot MAtoewe_
CONTRACTOR hereby swears under penalty of perjury that the information provided is
true and correct.
..:..... ...........
By: Title: &e
Signature Contractor
C30650 SECTION 1,-CONTRACT DOCUMENT Page 11
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICES
2011-2012
CONTRACT NO. C30650
AFFIDAVIT OF NON -COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
�..__.: t ._. being first duly sworn, deposes and says that he/sloe is
o`" — NCe 5)rjxc-- ._,„_, the party making the foregoing bid; that the bid is not made in
the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and neither collusive nor sham; that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true:. and, further, that the bidder has not, directly or
indirectly, siubmitted his or her bid price, or any breakdown thereof, or the contents thereof, or
divulged snfonnation or data relative thereto, or paid and will not pay, any fee to any
corporation, partnership, company, association, organizat on, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bd. /�
By: P":5 I"..hj"
Signature (CONTRACTOR) Title (CONTRACTOR)
uat Certificate
State of California
County of' Ply_
Subscribed and sworn to (or affirmed) before me on this 4 day of
PH " (month), _ Z111 (year), by ._L4 L-#�". SOat ,
proved ne on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature of Notary Qom-• __ (Seal of Notary)
_
ALLYN S AQVICH 927
COMM. #1885927 G
Notary Public - C Ilfomia c
z Placer Count' 3, 2014
Comm. Explres,Apr. 1 2014'
C30650 SECTION 1, CONTRACT DOCUME14TS Page 1
CITY OF PALM
y DESERT
COMMERCIAL AND RESIDENTIAL
s • i W
'wM % - M. 1:
KNOW ALL MEN BY THESE PRESENTS,
That we, r as Principal,
and _ as Surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ (10% of bid),
to be paid to the said Owner 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 proposal of the
above bounden principal to perform certain work described as follows:
The general items of work to be done hereunder consist of providing street sweeping
services to the City of Palm Desert for public streets located within its limits, as
described herein and as detailed in the Co>-itract Documents and all appurtenant work
as required by the specifcaVons and appendices and dated April, 2011, is accepted by
the City of Palm Desert, and if the above bounden principal
shall duly enter into and execute a contract for such construction, and
shall execute and deliver tine Performance Bond and Payment Bond and insurance
certificates as required by said contract, then this obligation shall become null and void;
otherwise it shall be and remain in ful' 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 pagan has inlcnflonrJl=- been left blank.
5iis nalure blocs are conlazined on .,he not page./
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this day
of 20
Contractor's
Contractor's Signature:
Title: r
Address:
Telephone:
Surety's Name:
Surety's Signature:
Title:
Address:
Telephone:
306 0 SECTION 1 CONTRACT DOCUMENTS Page 14
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2011-2012
CONTRACT NO. C30650
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
Clean Sweep Environmental, Inc
That we, 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% amount Bid (10% of bid),
to be paid to the said Owner 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 proposal of the
above bounden principal to perform certain work described as follows:
The general items of work to be done hereunder consist of providing street sweeping
services to the City of Palm Desert for public streets located within its limits, as
described herein and as detailed in the Contract Documents and all appurtenant work
as required by the specifications and appendices, and dated April, 2011, is accepted by
the City of Palm Desert, and if the above bounden principal Clean Sweep Environmental
shall duly enter into and execute a contract for such construction, and
shall execute and deliver the Performance Bond and Payment 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 a;l costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
[Remainde• of this page has rnttntioiraily been left blank
S?grralure blocks are contained on Are neri page.1
30 W- $E JI 3 111 CONTRACT t)-O ME + TS, page 13
IN WITNESS WHEREOFWe hereunto set our Hands and Seals this 4
, day
of May 20 11 .
Contractor's Name: Clean Sweep Environmental
Contractor's Signature:
Title: IDtE.s DEwN
Address: 4235 Duluth Avenue #A, Rocklin, CA 95765
Telephone: (916) 253-3900
Sure
Sure
Title
Address- 17780 Fitch, Suite 200, Irvine, CA 92614
Telephone (800) 924-8655
CtIOW -sM-jl2`V4N THb ONTRAC IDOCLIMENU P G 14
ACKNOWLEDGMENT
State of California
County of Sacramento
On May 4, 2011 before me,
personally appeared Renee Ramsey
Patricia M. Simas, Notary Public
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person($) whose name(a) is/ere
subscribed to the within instrument and acknowledged to me that he/she/tilt executed the same in
+vis/her/tMk authorized capacity(ies), and that by Msfher/Oveif-signature(a)-on the instrument the
person(s), or the entity upon behalf of which the persons} 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.
Signatur _ �- (Seal)
PATRICIA M. SIMAS
e NOTARY PUBLIC - CALIFORNIA �
COMMISSION # 1858871
SACRAMENTO COUNTY
M Comm. Ex . Au ust 21, 2013
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
"'Richard W. Pratt, B. G. Midstokke, Renee Ramsey, 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 surety-
ship giving and granting unto said Attomey(s)4n-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 revocation, 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 adopted 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 Vioe-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 attorney(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 January 1st, 2008.
By: , ��,�.................. �
ANO
Daniel Young Vice -President �Q�c��. /Hp' �MPANY�
4cyJ,40EtP0R4.."',PPO �y
=UJ OCT.
W , 10 Z " OCT. 5 n
By. Stephen T. Pate, Senior Vice 0 , 1936 ;=30 W 1967 _�
State of California:,*..a.aa�r•A,�.
County of Orange
On 4,qust 13thh 2008_ before me, _ Jens 7T Nr uyen, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and §Lephen T_Pate
Name(s) 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 histherflheir authorized
J r f capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
MOLIM which the person(s) acted, executed the instrument.
COMM. # 179160
NOTARY PUBW CALIOM I certfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
f ORANGECOLOW true and correct
COMM.�_GffgfftI &Ila9W
WITNESS my hand and official seal
Place Notary Seal Above Signature
J TT Ng n, ary Public
mkVM14A.....
CERTIFICATE 6
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND 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, furthermore, 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 4th day of May 2011
By:
regg Okur , stant Secretary
ID-1380(Rev 11!09)
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2011-2012
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this 26th day of _
May 2011, by and between THE CITY OF PALM DESERT, a municipal corporation,
hereinafter referred to as "City," and CLEAN SWEEP ENVIRONMENTAL, herein referred to as
"Contractor."
WITNESSETH:
WHEREAS, on April 20, 2011, City invited bids for commercial and residential street sweeping;
and
WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City
for said services,
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the parties hereto agree as follows:
(1) TERM The term of this Agreement shall be from date of execution of this instrument
through June 30, 2012 or to such later date as may be agreed in writing between parties.
(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 One
hundred twenty-nine thousand four hundred two dollars ($129,402.00) as billed on a per -
item monthly basis as set forth in the Contract Documents and adopted by City.
(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, Specifications and Conditions.
(4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify,
and hold harmless 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 its connection with, or relating in any manner to, any act or omission
of Contractor, its agents, employees, subcontractors and employees thereof in
connection with, the performance or non-performance of this Agreement. Contractor
shall thoroughly investigate any and all claims and indemnify City and do whatever is
necessary to protect the City of Palm Desert, its officials, 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 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 period 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) INCORPORATED BY REFERENCE The Notice Inviting bids; Bid Terms and
Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms; Addendum
No. 1; General Terms and Conditions; Specific Terms and Conditions; Change Orders;
additional or supplemental specifications, drawing, maps or diagrams; and City -issued
forms relating to this project, are hereby incorporated in and made a part of this
Agreement.
(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:
C30 6661",COft" as7d Res d teal Stye wree ti r Q 1 p � g+
IF TO CITY: IF TO CONTRACTOR:
Office of the City Clerk
Lance Soares, Inc., DBA Clean Sweep
CITY OF PALM DESERT
Environmental
73-510 Fred Waring Drive
4235 Duluth Ave. #A
Palm Desert, CA 92260
Rocklin, CA 95765
(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.
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.
CLEAN SWEEP ENVIRONMENTAL
la
Printed name
Signature (to be notarized)
CITY OF PALM DESERT
A Municipal Corporation
JEAN M. BENSON, MAYOR
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
Title:
ATTEST:
RACHELLE D. KLASSEN
CITY CLERK
APPROVED AS TO FORM
DAVID J. ERWIN
CITY ATTORNEY
CONTRACTOR NOTARY 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
CITY NOTARY ACKNOWLEDGMENT
State of California }
) SS
County of Riverside )
(Seal)
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)
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2011-2012
CONTRACT NO. C30650'
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded
to Clean Sweep Environmental, hereinafter designated as "Principal," a contract for:
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2011-2012
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, I the
Principal, and as Surety, are held and firmly bound
unto the City of Palm Desert, hereinafter called City, in the penal sum of One hundred twenty-
nine thousand four hundred two Dollars ($129,402.00), 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 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 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.
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
SURETY
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
day of
'.11re
20
C30650 Commercial and Residential Street Sweeping 2011-2012 Page 2