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HomeMy WebLinkAboutC30660 Fiscal Year 2011 / 2012 Parking Lot SweepingC30660 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD PARKING LOT SWEEPING CONTRACT C30660 FOR FISCAL YEAR 2011-2012 TO CLEANSTREET OF GARDENA, CA IN THE AMOUNT OF $27,664.00 BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: CleanStreet 1937 W. 169t" Street Gardena, CA 90247 DATE: May 26, 2011 CONTENTS: Location and Cost Accounting Table Contractor's Bid Agreement C30660 Form Performance Bond Form Recommendation By Minute Motion: 1. Award Contract C30660 to CleanStreet of Gardena, California for parking lot sweeping services for the 2011-2012 fiscal year, in the amount of $27,664.00; 2. Appropriate $1,170.00 from unobligated FY 11/12 General Fund reserves to the Aquatics Center Repair and Maintenance Account No. 242-4549-454-3311; 3. Appropriate $6,058.00 from unobligated FY 11/12 General Fund reserves to the Civic Center Park Repair and Maintenance Account No. 110-4610-453-3321; 4. Appropriate $5,668.00 from unobligated FY 11/12 General Fund reserves to the Parks Maintenance Account No. 110-4611-453- 3320; and 5. Authorize the Mayor to execute the agreement. Funds in the amount of $4,654.00 for sweeping the Corporation Yard and Entrada Del Paseo are available in General Fund Account No. 110-4310-433-3320, Street Repair and Maintenance. Staff Report to Award C30660 Parking Lot Sweeping Contract May 26, 2010 Page 2 of 3 Funds in the amount of $1,586.00 in the Park View Office Complex Other Services and Charges Accounts No. 510-4195-495-3696 ($793.00) and 510-4195-495-3697 ($793.00). Funds in the amount of $4,914.00 are available in the Presidents Plaza East and West Parking Lot Sweeping Account No. 277-4373-433-3091. Funds in the amount of $3,614.00 are available in the Presidents Plaza 3 Parking Lot Sweeping Account No. 282-4373-433-3091. Executive Summary With the addition of the new Aquatics Center and parks not previously included in the sweeping program, the parking lot surface area maintained by the City of Palm Desert has increased from 626,933 square feet last year to 1,609,313 square feet in 2011- 2012. To minimize sweeping cost increases, staff decreased the frequency of the services from weekly to biweekly sweeping, with the result that the annual price -per - square -foot under the new contract is roughly half of the previous cost (17 cents, down from 33 cents). Even with these measures and owing to the increase in the total square feet to be maintained, the proposed annual contract amount is $7,384.00 greater than was the last contract amount, with no corresponding increase in allocation. Background Historically, City crews have swept some of the parking lots maintained by the City of Palm Desert. Because of the limited availability of both in-house crews and the required machinery, sweeping maintenance services at other lots was contracted out. The typical annual contract has provided for the weekly sweeping of parking lots at Entrada Del Paseo, Presidents Plaza East and West, and Presidents Plaza 3. City Maintenance Services staff have swept the Civic Center Complex lots and the Corporation Yard lot, also on a weekly basis, using City equipment. While reviewing the parking lot sweeping program staff determined that several more lots, for which the City has maintenance responsibility, have never been included in the sweeping maintenance program and should be added. South Coast Air Quality Management District (SCAQMD) regulations require the City of Palm Desert to use less -polluting street sweepers in all its sweeping operations, whether performed by in-house or by contracted crews. The City's1998 Tymco CNG street sweeper used by City crews has now exceeded its life expectancy, and its performance has become unreliable. In addition, the age of its fuel tanks will render this sweeper ineligible for use in January, 2012. According to data gathered by staff, it will be more cost-effective to contract all parking lot sweeping than it would be to replace the four fuel tanks or to purchase a new machine. Staff Report to Award C30660 Parking Lot Sweeping Contract May 26, 2010 Page 2 of 3 The Parking Lot Sweeping Contract was last bid in 2009 and was renewed with no cost increase in 2010; however, the contract has no further extension options. Therefore, on April 20, 2011, the City Clerk advertised and called for bids for the annual Parking Lot Sweeping Contract for Fiscal Year 2011-2012, to provide for biweekly sweeping at the following parking lots: Aquatics Center; Civic Center Park; Civic Center (City Hall); Freedom Park; Hovley Soccer Park; Ironwood Park; Joe Mann Park; Magnesia Falls City Park; Corporation Yard; Entrada Del Paseo; Park View Office Complex; Presidents Plaza East/West; Presidents Plaza 3 On May 6, 2011, bids were publicly opened and read aloud, with the following results: CleanStreet of Gardena, CA $ 27,664.00 M and M Sweeping of Thousand Oaks, CA $ 29,380.00 Athens Services of City of Industry, CA $ 38,870.00 Lance Soares/Clean Sweep Environmental of Rocklin, CA $ 146,447.60 CleanStreet, Inc.is the lowest bidder and staff is confident in the company's ability to provide services to the City's standards. Fiscal Analysis The parking lot sweeping contract was last bid and awarded in 2009 in the amount of $20,280.00 per year, and renewed with no change in 2010. The new contract, in the amount of $27,664.00, increases the annual contract expenditure by $7,384.00. As an ongoing maintenance activity there is no fiscal impact beyond the contract amount; however, it should be noted that additional savings are realized by avoiding the need to replace four CNG fuel tanks ($5,000.00 each, plus labor) and/or purchasing a new regulation -compliant street sweeper. Preparec' By: Cars lie rr)jndez Man an Services Manager Paul S. Gibson, Director of Finance JpKqNd. Wohlmuth, City Manager Depart Mark Greenwo d, P.E., Director of Pu is Works CITY COUNCIL ON APPROVEDV DEW", RECEIVED OTHER. 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C� ( ) 0 � O O m a) c0 LO ca +3 � � °UL°° QU L = 2 U w m a a a a ®i Ammm" cl nStmet Cleaning Your Environment PARKING LOT SWEEPING SERVICES 20 `I 1-2012 EXCLUSIVELY FOR CITY OF PALM DESERT MAY 6, 201 1 1937 W. 169" Street Gardena, CA 90247 (800) 225-7316 x108 TABLE OF CONTENTS i SECTION HISTORY................................................... 1 QUALIFICATIONS....................................................... 2 .............................. • KEY PERSONNEL • METHODS AND APPROACH BIDFORMS ....................................................... 3 ......................... BIDBOND ..................................................... 4 ADDENDUM....................................................... 5 ................. nClwnSu"t (800) 225-7316 x108 Cleenmp Your Enwronm*nt 1937 W. 169"' Street Gardena, CA 90247 HISTORY wow-- CleanStreet's has its headquarters in Gardena, California. CleanStreet was formerly known as California Street Maintenance and South Bay Sweeping. Company founder and CEO Jere Costello began sweeping shopping centers in 1961. In 1969 with the help of George Graziadio and Imperial Bank, Jere purchased his first revolutionary and dependable Tymco Air Sweeper. By 1973, the company had become one of the largest shopping center sweeping companies in Southern California. That year the company began sweeping its first municipality, Rolling Hills Estates. We will always be grateful to City Manager Harry Peacock for giving us that opportunity. In 1978 Proposition 13 passed. All of sudden more cities became interested in saving money. Often potential municipal clients would say "of course we would like to contract for street sweeping services and save money, but how do we know you will do a good job? We have had some bad experiences with irresponsible and non -responsive contractors." We would say, "We will make a simple promise to you and your City. We will sweep every street on time every day. We will instruct our operator to take as many passes as are necessary to clean every street thoroughly. If we ever do receive a complaint, we will re - sweep it immediately. No questions asked." As word spread that we are a good dependable company, we slowly and steadily grew year after year. Our commitment to quality and customer satisfaction turned out to be an overwhelming success. Today CleanStreet serves scores of municipalities and major private facilities with high quality cleaning and sweeping services. The key to our success is the fact that we kept that promise of quality to our clients. CleanStreet takes pride in its high level of expertise that is brings to every job. We employ the best methods and the most effective equipment. Our employees are well trained and enjoy good pay and healthcare benefits. Our employees take great pride in the quality of their work and in your complete satisfaction. (800) 225-7316 x108 ECleanStrmt 1937 W. 169" Street Cleaning Your Environment Gardena, CA 90247 KEY PERSONNEL a Approach We manage our street sweeping contracts with a team approach. Each team member carries a portion of the responsibility for tasks that are essential for the successful performance of our contracts. We have found that this team approach provides the greatest flexibility and assures that everyone is doing his or her job. We can assure the city of Palm Desert that this is a successful, well compensated team that will be in place for many years to come. Key Contacts First Kev Contact The contract manager and key contract representative is Mr. Rick Anderson. Mr. Anderson has been with the company since 1989, and has the experience and expertise to deal with any issue that might arise during the performance of this contract. He has the authority to take whatever steps necessary to deliver high -quality service. Mr. Anderson is responsible for all pricing and staffing decisions for the organization and approach to this contract. He will be intimately involved in all aspects of the implementation of this contract. "' Mr. Anderson is a graduate of USC and Southwestern University " 5 School of Law. He has been with the Company for 21 years and has played an integral role in developing new business and overseeing all facets of operations. Mr. Anderson's dedication to the Company A has helped fuel continual growth and diversification into new areas f which complement CleanStreet's primary role as a street sweeping contractor. KEY PERSONNEL Second Key Contact Next in line, and supporting Mr. Anderson's management of this contract, is Mr. Andrew Jacoby. Mr. Jacoby is the Operations Director for Human Resources Manager and Risk Management for CleanStreet. He will be familiar with all aspects of the personnel working within this contract. Andrew Jacoby is the director of operations for CleanStreet and has been with the company since 2003. Mr. Jacoby oversees the Human Resources Department, and serves as the Company's risk manager. He has been instrumental in developing a state-of-the-art time and attendance system, in which data is transmitted through handsets and reconciled by complex GPS tracking software installed in CleanStreet's vehicles and handsets. Andrew is also responsible for claims management and is the driving force behind CleanStreet's constant emphasis on safety. Third Key Contact Mr. Chase Harris is our Fleet Maintenance Director, and oversees our state-of-the-art repair facility in Gardena. He will be responsible for providing our operators well - maintained and clean street sweepers. Chase Harris graduated from the University of Arizona in 1994 and has been with CleanStreet for 18 years. Mr. Harris is responsible for overseeing all facets of operations, including but not limited to delegating work to the mechanics, fleet maintenance, debris management, and GPS monitoring. He is well-acquainted with CleanStreet's equipment as well as the environmental laws and regulations that apply to our extensive fleet. Mr. Harris is quick to respond to complicated situations and his dedication to excellence is a tremendous asset to CleanStreet. KEY PERSONNEL Field Supervisor Mr. Gilbert Perez is one of our Field Supervisors. Mr. Perez is excellent at working with our employees, and is fluent in both written and spoken English. oiiltte►�t Perez, Fields ,, r,rr Gilbert Perez is a highly -skilled street sweeper operator who has been with CleanStreet since 2005. Mr. Perez is also proficient in the operation of other commercial vehicles, including those which require a Class A license. Mr. Perez has had experience with many facets of maintenance, including streets and parking structures, and is experienced with janitorial maintenance as well. Mr. Perez supervises street sweeper operators, porters, and pressure -washing crews in the field. He is extremely dedicated to his job and works tirelessly to ensure the highest quality of work. Dispatch The nerve center of CleanStreet is our dispatchers, Perla Cortez and Patty Madera. Patty and Perla are familiar with all aspects of street sweeping, and will handle all of your calls with special requests or complaints. They are calm and courteous, and capable of responding quickly and effectively to your calls. Their communication skills are a major asset to CleanStreet, and will be to your City as well. Iai Gc►��z�,` L�,ar` �s r 5 1 Perla Cortez has worked for CleanStreet for eight years. Ms. Cortez has developed a comprehensive geographical knowledge of our service areas and possesses excellent computer and communication skills. She is outgoing and friendly and efficiently coordinates our drivers and routes to meet our customers' frequent deadlines. Ms. Cortez is committed to providing quality, on -time service. KEY PERSONNEL Patty Madera joined CleanStreet in the latter part of 2007. She offers a high degree of professionalism, solid business ethics, and extensive computer skills. Ms. Madera is reliable and has a positive attitude. She works effectively and with a sense of urgency, and can quickly read, understand, and use street maps and complex mapping software. METHODS AND APPROACH CleanStreet is the premiere street sweeping contractor in California. With over 35 years of experience in providing street sweeping services, CleanStreet has demonstrated that it can deliver the highest quality service. CleanStreet enjoys the best reputation in the industry because of our proven ability to provide excellent service with punctuality and dependability. There are 10 key components that insure that all streets will be swept properly and on time: 1. Operator Training: Our street sweeper operator training program lasts two to four weeks. New operators are evaluated by veteran drivers and the regional driver supervisor. During the Introductory Period, trainees are evaluated on safety, performance and progress. Drivers in the training program must pass multiple tests before they are permitted to work alone. Approximately one out of every three trainees is offered permanent employment. a. Pre -employment requirements for all trainees include: 1. Clean driving record, verified by current copy of Department of Motor Vehicles H6 printout 2. No accidents 3. Strong references 4. Pre -employment physical 5. Pre -employment drug testing 2. Operator Retention: CleanStreet has a large staff of qualified sweeper operators because we have been successful in. retaining employees. Our company policy is keeping the same operators because they have the detailed knowledge and experience that will enable them to avoid complaints. The most common and egregious complaint I hear about other sweeping companies from their municipal clients is the constant swapping of operators. We achieve retention through excellent pay and benefits complemented by a family friendly working environment. We are very proud of our excellent staff. (800) 225-7316 x 108 Clean 1937 W. 169" Street Gardena, CA 90247 Cleaning Your Environment METHODS AND APPROACH 3. Equipment: We will provide these skilled operators with new or late -model sweepers that are in excellent operating condition and appearance. CleanStreet equips its trucks with Global Positioning Satellite (GPS) systems. All of the real-time data is monitored by CleanStreet's dispatchers. This permits CleanStreet to monitor the driver's speed, time, and location and gutter broom activity. All equipment used will be in compliance with SCAQMD Rules 1186 and 1186.1 and all other applicable laws and rules. Back-up equipment is available at all times. 4. Equipment Maintenance: A key component of an effective sweeping program is high quality equipment repairs and maintenance. Broom changes and tire repairing will be performed at CleanStreet's headquarters located in Gardena. All preventative maintenance and repairs will be performed at our Thousand Palms facility. We have a staff of 16 mechanics and helpers who are expert at sweeper repair and maintenance. We have a full inventory of parts and supplies readily available. We have all necessary tools and equipment needed to repair virtually everything on a street sweeper. 5. Back-up Sweepers: We will have back-up sweepers available at all times. We own and operate a tremendous fleet of sweepers that gives us depth and strong resources capable of dealing with any eventuality. 6. Back-up Operators: We have over 70 full-time sweeper operators working throughout California. We have many highly qualified operators that could come in and perform well on very short notice. The size of our staff gives us a tremendous advantage over our smaller, less qualified competitors. (800) 225-7316 x 108 CleanStrwaau,-1937 W. 169`h Street Cleaning Your Environment Gardena, CA 90247 METHODS AND APPROACH 7. Supervision: Supervision is an important component of an intelligent street sweeping program. Rick Anderson has been with CleanStreet for over 20 years and has helped the company grow and diversify in new areas. We are fortunate to have Rick Anderson and his experience, and he will be responsible for the day-to-day management and supervision of this contract. 8. Complaint Handling: Our operators are encouraged to take as many passes as necessary to do a great job. They take great pride in the complete satisfaction of the residents. Consequently, they receive very few complaints. We will handle any and all complaints on the day they are received. We believe that responsiveness is key to establishing public confidence in our ability and integrity. We also believe that the operator is more highly motivated to do a good job the first time if he knows he may have to come back again if he doesn't. Our operators take great pride in not receiving complaints and doing a great job the first time. Our operators will check in with the designated city person on a daily basis to see if there are any complaints. If there are complaints, we will go out and re - sweep them immediately. We will always respond in less than six hours. Our attitude toward quality and this level of service makes the whole sweeping program run smoothly. 9. Communication / Emergencies: All administrative staff will provide the District with cell phone numbers that can be used to reach us 24 hours a day, seven days per week. Our sweeper operators will have cell phones for your convenience. Our supervisor Rick Anderson will be available 24/7 on his cell phone. eanGtme (800) 225-7316 x 108 Cl"- 1937 W. 169`h Street Cleaning Your Environment Gardena, CA 90247 METHODS AND APPROACH 10. Safety Program: CleanStreet differentiates itself from the competition by having an aggressive accident prevention program. We reward our operators for accident free driving. We have an annual Awards Banquet where we spend tens of thousands of dollars on lunch, awards, prizes and gifts. We have regular safety meetings with employees to remind them of the importance of working accident -free. Our pro -active emphasis on safety makes CleanStreet a stronger, healthier company. This is good for our employees, good for our clients and essential to our containing the tremendous cost of insurance. (800) 225-7316 x 108 Clean 1937 W. 169" Street Gardena, CA 90247 Cleaning Your Environment CONTRACTOR'S BID PROPOSAL BEGINS WITH THIS PAGE CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 TO: CITY CLERK CITY OF PALM DESERT 73-610 FRED WARING 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 for each parking lot shall be indicated. j ITEM DESCRIPTION/NAME OF PARKING LOT BIWEEKLY X 26 = (At 1. AQUATICS CENTER PRICE 45.00 PRICE)$ $1,170.00 2. CIVIC CENTER PARK $139.00 $ 3,614.00 3. CIVIC CENTER CITY HALL $ 94.00 $ 2,444.00 4. CORPORATION YARD $104.00 $2,704.00 5. ENTRADA DEL PASEO $ 75.00 $1,950.00 6. FREEDOM PARK $ 57.00 $1,482.00 7. HOVLEY SOCCER PA RK $ 83.00 $ 2,158.00 8. IRONWOOD PARK $ 25.00 $ 650.00 9. JOE MANN PARK $25.00 $650.00 10. MAGNESIA FALLS CITY PARK $2.00 $ 6280Q 11. PARK VIEW OFFICE COMPLEX $ 61.00 $1,586.00 12. PRESIDENTS PLAZA EAST $97.00 $2,586.00 13. PRESIDENTS PLAZA WEST $92.00 $2,s22.00 14. PRESIDENTS PLAZA 3 $139.00 ,614.00 TOTAL $1,064.00 E$2 7,664.0� TOTAL ANNUAL AMOUNT BASE BID IN FIGURES $27.664.00 (Must match Total of second column above.) TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS: Twenty-seven thousand six hundred sixty-four DOLLARS AND no CENTS Undersigned hereby acknowledges receipt of addenda as Indicated /'� (circle highest number that applies) 0 2 3 4 C30660 SECTION 1, CONTRACT DOCUMENTS Page 8 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 INFORMATION REQUIRED OF BIDDER Company Name: CleanStreet 1937 W. 169th Street, Gardena CA 90247 Company Address: (800) 225-7316 x108 (310) 740-1601 (310) 538-8015 Office Phone: Cell Phone: Fax: Rick Anderson Secretary BiTPpa By: Title: ,. 11 Sign ure: Date: Rick Anderson (310) 740-1601 Contact Person: Cell Phone: In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: ❑ Check if additional sheets are not attached: Q (1) Company Name and Address CleanStreet 1937 W. 169th Street Gardena, CA 90247 (2) Telephone No. (800) 225-7316 x108 (3) Type of Firm (Individual, Partnership or Corporation) Corporation (4) Corporation organized under the laws of the State of California (5) Contractor's License No. NSA Exp. Date (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Jere Costello Chief Executive Officer Rick Anderson Secretary C30660 SECTION 1, CONTRACT DOCUMENTS Page 9 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 (7) Number of years experience as a parking lot sweeping contractor 44 (8) Number of years experience with municipal parking lot sweeping contracts 38 (9) Type and number of vehicles and other equipment to be used in the fulfillment of this contract Motor vehicles: TYPE: Tymco 600 - CNG HOW MANY: 1 TYPE: HOW MANY: Other equipment: 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: 72-163 North Shore Drive, Thousand Palms, CA 92276 1937 W. 169th Street, Gardena, CA 90247 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 list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet 0 No subcontractors will be used Subcontractor's Name: License Number: Address: Telephone: Work to be performed: C30660 SECTION 1, CONTRACT DOCUMENTS Page 10 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED 2 3 Contract CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 REFERENCES Initiation/ Amount Scope of Work Completion Dates Contact Person $ 104,014 Street Sweeping 2002 Mr. James Lindsay Name On going City of La Quinta Business Name 7e-198 b Tamryto Address I e OuhMe. CA 9725] (760)777-7051 Phone Additional information: 2003 On going Additional information: 2004 On going Additional information: List the name of the person who inspected the site of the proposed work for your firm N/A CONTRACTOR hereby swears under penalty of perjury that the information provided is true and correct. By: Title: se«etary igna t Contractor C30660 SECTION 1, CONTRACT DOCUMENTS Page 11 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 AFFIDAVIT OF NON -COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) Rick Anderson , being first duly sworn, deposes and says that he/she is of CleanStreet , 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, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent t ereof o effectuate a collusive or sham bid. By: r Secretary ftnature(O TRACTO Title (CONTRACTOR) Jurat Certificate State of California County of Los Anqeles Subscribed and sworn to (or affirmed) before me on his 5th y of May (month), 2011 (year), by ' Z� l�, a*isn proved to me on the basis of satisfacto evidence to be the person(s) who appeared be re me. Signature of Notary — a--' (Seal of Notary) _ JUAMITA JO" MAN C30660 SECTION 1, CONTRACT DOCUMENTS Page 12 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, CleanStreet, Inc. as Principal, and Platte River Insurance Company , as Surety, are held and firmly bound unto the City of Palm Desert in the sum of $ Ten Percent of 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 sweeping services to the City of Palm Desert for City -maintained parking lots 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 GeanStreet, Inc. 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 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.] C30660 SECTION 1, CONTRACT DOCUMENTS Page 13 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 27th day of April 20 11 Contractor's Name: Contractor's Signat Telephone: QbOo) Surety's Name Surety's Signal Title- Janina Monroe, Afttomey-id-Fact Address: 2121 N. Califfaij -,# vd., Ste. 300, Walnut Creek, CA 94596 _ Telephone: (800) 462-8135 C30660 SECTION 1, CONTRACT DOCUMENTS Page 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles _ _^ — On April 27, 2011 before me, Susan E. Morales, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signers) SUSAN E. MOF2ALES COMM. # 1930723 Z`t �- NOTARY PUBLIC - CALIFORNIA It 0 LOS AMMLE$ COUNTY My Comm. Ex*es March 28, 2015 M�ta4+MA who proved to me on the basis of satisfactory evidence to be the person(X) whose name(,%) is/xwsubscribed to the within instrument and acknowledged to me that )a/she/*W executed the same in DN/herA@Wauthorized capacity08%, and that by XX/her/fbW signature(x) on the instrument the person(X), or the entity upon behalf of which the person(X) 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 s a yn 1� . Place Notary Seal Above Signature of Notary Public Susan E. Morales 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. Description of Attached Document Title or Type of Document: CleanStreet - Bid Bond Document Date: April 27, 2011 Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(les) Claimed by Signer(s) Signer's Name: Janina Monroe ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator Top"thumb ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NatonWNctaryorg Item 45907 Reorder. Call Tolt-Free 1.800-876-6827 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the PLATTE RIVER INSURANCE COMPANY a corporation of the State of Nebraska having it, principal offices in th City of Middleton Wisconsin does make constitute and appoint KEITH W NEWELL, MARIA A QUIROZ, PAUL BOUCHER, JANiNA MONROE-------- its true and lawful Attorney(s)-in fact, to make, execute, seal and deliver for and on its behalf, as surety and as Its act and deed, any and all bonds undertakings and contracts of suretyship provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of - ALL WRITTEN INSTRUMENTS iN AN AMOUNT S2,SW00000 -• - -- --------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January 2002 "RESOLVED, that the President and Vice President the Secretary or Treasurer. acting individually or otherwise be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more v ice -presidents, assistant secretaries and attorney(s)-in fact each appointee to have the powers and duties usual to such offices to the business of the Corporation; the signature of such officers and the seal of the Corporation may be affixed to such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be alid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached Any such appointment may be revoked, for cause, or without cause by any of said offtc ers at any time ' IN WI i NESS WHEREOF the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its off c er undersigned and its corporate seal to be hereto affixed duly attested, this 1 st day of June, 2006 %ties(: PLATTE RiVER INSURANCE COMPANY (Hsu i�c A vFc !4� LCRP9IE 0f�U �� Alan S Ogilvie SEAL 7. Secretary lames J McIntyre President STATE OF WISCONSIN t SS nKaN, ,u COUNTY OF DANE J On the 1 st day of June, 2006 before me personally came James J McIntyre to me known. who being by me duly sworn. did depose and say that he resides in the County of Dane State of Wisconsin, that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation deuribed in and which executed the above instrument, that he knows the seal of the said corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order NATMLEFN A PAULSON Kathleen A Paulson STATE OF WIS( ONSIN SS Notary Public Dane Co WI COUNTY OF DANE CERTIFICATE My Commission Expires 10-I S 2006 I, the undersigned, duly elected to the office stated below now the incumbent in PLATTE RIVER INSURANCE COMPANY a Nebraska Corporation authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked and furthermore. that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force Signed and sealed at the ( ity of Middleton. State of Wisconsin this day of APR 2 7 7011 ` 2 SEAL T Alan S Ogilvie Secretary THIS DOCUMENT IS NOT VA ID UNLESS PWNT? ,D ON GREEN SHADED BACKGROUND WiTH A RED SERIAL NUMBER 1N THE UPPER RIGHT HAND CORNER IF YOU HAVE; ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT ( ALL 800475-4450 PRS PON (6 061 CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this th day of , 2011, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and CleanStreet, herein referred to as "Contractor." WITNESSETH: WHEREAS, on April 20, 2011, City invited bids for Parking Lot Sweeping Services; 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 Twenty- seven thousand six hundred sixty-four dollars ($27,664.00) 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. C3066.0 PARKING LOT SWEEPING CONTRACT 2611-2012 Page 1' (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: C30660 PARKING LOT SWEEPING CONTRACT 2011-2012 Page 2 IF TO CITY: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 IF TO CONTRACTOR: CleanStreet 1937 W. 169th Street Gardena, CA 90247 (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. CLEANSTREET In 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 0306 v/ [ Y rL`0 - CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of I 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) SQ{fR;, LT:.tEPt[Tl`CA2 `.„u g4 CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to C1eanStreet, hereinafter designated as "Principal," a contract for: CITY OF PALM DESERT PARKING LOT SWEEPING SERVICES 2011-2012 CONTRACT NO. C30660 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 Dollars ($ ), 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. C30660 PARKING LOT SWEEPING'CONTRACT 2011-2012 Page 1 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 day of , 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER