HomeMy WebLinkAboutC32710 - Cmrcl Rsdntl St Swping Svcs 24-month Contract No. C32710
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32710 TO LANCE SOARES, INC.,
DBA CLEAN SWEEP ENVIRONMENTAL OF NORTH
HIGHLANDS, CALIFORNIA, FOR COMMERCIAL AND
RESIDENTIAL STREET SWEEPING FOR A TWENTY-FOUR (24)
MONTH CONTRACT IN THE AMOUNT OF $282,219.60
BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Lance Soares, Inc., dba Clean Sweep Environmental
6910 28th Street
North Highlands, CA 95660
DATE: May 9, 2013
CONTENTS: Contractor's Proposal
Agreement & Bonds
Recommendation
By Minute Motion:
1. Award Contract No. C32710 to Lance Soares, Inc., dba Clean Sweep
Environmental of North Highlands, California, for Commercial and
Residential Street Sweeping for a twenty-four (24) month contract in
the amount of$282,219.60 ($141,109.80 per year);
2. Authorize the Mayor to execute the agreement.
Funds are available in General Fund Account No. 110-4310-433-3320, Street Repair
and Maintenance.
Backqround
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 5, 2013, the City Clerk advertised and called for
bids for the Commercial and Residential Street Sweeping Contract for Fiscal Years
2013-2015. On April 23, 2013, bids were opened publicly and read aloud with the
following results:
Staff Report
Award C32710 Commercial and Street Sweeping Contract to Clean Sweep Environmental
May 9, 2013
Page2of3
Contractor Location 24 Mo. Proposal Amt
Clean Sweep Environmental North Highlands, CA $282,219.60
Clean Street Gardena, CA $299,473.20
DeAngelo Brothers Ontario, CA $1,059,864.00
Lance Soares, Inc., dba Clean Sweep Environmental, is the lowest bidder and has
provided the street sweeping for the City for the past two years. Staff is confident in
their ability to continue providing services to City standards.
Fiscal Analysis
The street sweeping contract was last bid and awarded in 2011 at the rate of$21.00 per
curb mile, and renewed with no increase in 2012. The new contract, at $22.90 per curb
mile, provides for an increase of$23,415.60 in the total 24-month contract, or 9 percent.
This is an ongoing maintenance activity with no fiscal impact beyond the contract
amount.
Prepared By: Depart t e :
, �
�
rl � er n z Mark Gre n ood, P.E.,
Mai t ce Services Manager Director of ublic Works
i
CITY COUNCILACTION
P S. Gibson, Director of Finance pppROVED � DF.NiF,D
RECENED OTHER
A roval:
MEETING DATE
r---
AYES:
NOES: U
J n M. Wohlmuth, City Manager ABSENT: ���
ABSTAIN:
/bl VERIFIED BY: _ R
Original on File with City Clerk's O �ce
ClTY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2013-2015
CONTRACT NO. C32710
CONTRACTOR'S PROP4SAL SUBMISSION FORM
TO: CITY CLERK
CITY OF PALM DESERT
73-514 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned dec�ares that he/she has carefully examined the Bid Terms and
Conditions, the Generai 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: $;,=��� per curb mile (cm).
2. Total amount of base bid in words: �'i�vV�"y�-'1�rt�'c► dollars and
_ �� +���"�, cents per curb mile (cm}.
3. Total annua! value of contract for purposes of comparison is:
S d�'�° per curb mite x 237 curb miles x 26 sweepings =
$ 1`tJ_ Ic�'i£�' annual value
Undersigned hereby acknowledges receEpt of addenda as indicated
circle hi hest number that a lies 0�` 1 2 3 4
Company Name:
L.t�-n��.. .`�� � l+�c.. t�t �� �✓��na���,�.. )
Company Address:
t�t� ��,� �-� h� r� Nt��lara��, �►- �'�j
Office Phone: Cel! Phone: Fax:
Cq r�� d 5 3 ::�3�t� �����,���.�3�,�r
B�d Prepared By: Title:
�G+� ,��u�� ��5 tlfi3�k:i
Signat e: ,,�,W, Date•
.,�..::M`� � ►,3
Contact Person: Cell Phone:
�.e.r�c�. ,�v s; ���c� �� -J+���
C32710 SECTION 1,CONTRACT DOCUMENTS Page g
INFORMATION REQUIRED OF BIDDER
In supplying the following information, additional sheets may be attached if needed.
Check if additional sheets are attached: ❑
Check if additionai sheets are not attached; [�j
(1) Company Name and Address_ C� � '� .�:�� 1�� (`,1���' �y�,���,µ�N�;�,�
��„, „�
iO r��'►`�` , �, -Y`
lAlo,�-t� �-ic t�a�.►G.� � �
(2) Telephone No. �.�tGa +c��3- �°�C�t�
(3) Type of Firm (Individual, Partnership or Corporation) '��� �'��� �5--c..�,p�
,
(4) Corporation organized under the laws of the State of `t�'����t�.n1'a.t�-
(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 tities of afl
officers of the corporatian:
. ,
. •
N f.�. C3 fa + �a r p�� ,�� , �y ������t/t�'
.�t�� '�°' . C '� �t.�E. �.r"'
` �-r� ��,� ���4� `-�'� �� ��7�
,
(7) Number of years experience as a street sweeping contractor �
(8) Number of years experience with municipal street sweeping contracts �
C32710 SECTION 1,GONTRACT DOCUMENTS Page 9
(9) Type and number of vehicies and other equipment to be used in the fulfi�lment of
this contract:
Motor vehicles:
TYPE: _ �,����tt',U HOW MANY: ��s..t Ca �
�------
NPE� HOW MANY:
TYPE: HOW MANY:
Other equipment:
TYPE: HOW MANY:
TYPE: HOW MANY:
NPE� HOW MANY:
(10) Proposed facilities to be used in the fuifiliment of this contract
List location/address of facilities from which work crews and equipment will be
dispatched:
Q., L�G.� -�rr' �c :� N� ``7 c�� ' t�� �
,.�-.-��� t"a�MS � �l
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 a!I subcontractors on a separate sheet.)
❑ See Subcontractor List on Separate Sheet
� No subcontractors wi�l be used
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
C32710 SECTION 1,�ONTRACT DOCUMENTS Page 10
REFERENCES
Contract Initiation/
Amount Scope of Work Completion Dates Contact Person
1 � ��crsp��` ��� p _ < � �"C7' t�'�iv Name
_., �,���..
Q.1'!j{ �` °'���/� �"[`�,,,,,G��, ' (�J�t2:41wa eustness Name
d� ' �,1�t(,�,E► '�.�(}(} Address
.��a��.#►�ct-��Cd 4l3��
Additional ��''�'"��'���' `����
information:
2 $ ,��t��(� �a��'1' �,�33�-r �.�.L;.�t'.�,`� �X���51 hJ�"`t 1� Name
_! �A�}ClA1G�tTf # �' ,2Q}Jt� Business Name
4� �
����1hf�..a er�"�Q {1}. �,O`T4 Address
t f�A-r�.A �d'$�,�3. Phone
Additional �`�����'�`��"�
information:
3 $ t(.�� �"�` °�` �11�' 1 t}��6C3-- f�����'j �,...... �IIL.�`�DlJ�i�� Name
�n�`� � t;_,1'T"*�/L;?�' (���,,,�' Bustness Name
'?�s" /�7b�L,p€,f.,;,�=°i"t"f� Address
� ��3��� Phone
Additional ��'�$�s �'��
information:
Provide the name and title of the person who inspected the site of the proposed work for
your firm:
. �� M
Name Title
C32710 SECTION 1,CONTRACT DOCUMENTS Page 11
PROPOSAL AFFIRMATION
With regard to the information provided hereinabove, I affirm that:
* All information provided is true and correct to the best of my knowledge, and;
• I understand that a materially false statement willfully or fraudulently made in
connection with this Proposai may result in the termination of any contract between
the City of Palm Desert and
and as a further result, the aforesai irm may e arre rom participation in uture
City contracts as well as be subject ta possible crimina! prosecution, and;
« I have legal authority to bind _��,�t,�;,�;,� ��� ��,* ,�
to the terms of this a�rmation.
FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED
�
. �3
ignature � ate
_�t� �U�S
rrinFea tvame
io= �'
Title
� � .�_ y�r�r�wr���
Company Name
C32710 SECTION 1, CONTRACT DOCUMENTS Page 12
N4N-COLLUSION DECLARATION
To Be Executed by Bidder and Submitted with Proposal
The undersigned declares:
I am the ���u�` of ��' �,r��~,�� �, the
party making the foregoing Proposal. The Proposal is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or
corporation. The Proposal is genuine and not collusive or sham. The Proposer(s) has
not directly or indirectly induced or solicited any other Proposer(s) to put in a false or
sham Proposal. The Proposer(s) has not directly or indirectly colluded, conspired,
connived, or agreed with any Proposer(s) or anyone else to put in a sham Proposal, or
to refrain from proposing. The Proposer(s) has not in any manner, directly or indirectly,
sought by agreement, communicatian, or conference with anyone to fix the Proposal
price of the Proposer(s) or any other Proposer(s), or to fix any overhead, profit, or cost
element of the Proposal price, or of that of any other Proposer(s). All statements
contained in the Proposal are true. The Proposer(s) has not, directly or indirectly,
submitted his or her Proposal price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, to any corporation, partnership,
company, association, organization, Proposal depository, or to any member or agent
thereof, to effectuate a collusive or sham Praposal, and has not paid, and wilt not pay,
any person or entity for such purpose.
Any person executing this declaration on behalf of a Proposer(s) that is a
corporation, partnership, joint venture, limited liability company, limited liability
partnership, or any other entity, hereby represents that he or she has full power to
execute, and does execute, this declaration on behalf of the Propaser(s).
I declare under penalty of perjury under the laws of the State of Califomia that
the foregoing is true and correct and that this declaration is executed on
f� �'- , 2013, at t�a��., �;�h�r.� �-�5 Cd
City �� State
By:
.�_
w� ���
Signature Printed Name �. ��
�C32710 SECTION 1, CONTRACT DOCUMENTS Page 13
�
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2013-2015
C�NTRACT NO.C32710
BID BOND
KNOW ALL MEN 6Y THESE PRESENTS,
That W8, Clean Sweep Environmental
a� Indertmity Company of Ca i om�a 83 Principai,
, as Surety, are held and
flrmly bound unto the Gty of Palrn Desert In the sum of$ �o%otamounc a�a
(10�0 of bid),to be paid to the satd Owner or its certaln attomey, fts successors and assigns;for
which paymerrt, well and truly ta be made, we bfnd ourselves, our heirs, executors and
administrators, successors or assigns,jointly and severally,flrmiy by these presents.
THE CONDiTION OF TMIS OBLIGATION tS SUCH, that if the certain proposal of the above
bounden principai to perform ce►tafn work descr�ed as follows:
The general Itsms of worlc to be done hereunder consist of providing strest sweeping services to
the Ci#y of Palm Desert for public strests located within its Ilm[ts, as described herein and as
detailed In the Contract Documerrts and all appurtenant work as required by the specifications
and appendices, and dated April 2013, Is accepted by#he City of Palm DeserE, and if the above
bounden principaf ����P Environmentai shall duly enter into
and execute a coritract for such constructlon, and shal{ execute and deliver the Petformanoe
Bond and Payment Bond and insurance certificates as requfred by said contract, then thls
obiiga6on shall become nuil and void;othennrtse it shall be and remain in full force and effect.
Should i# became necessary for the City to instftute a lawsuit, or any other legal procesding to
enforce the teRns and c�nditlons of this bond, then ali costs of said proceeding, induding
attomey's fees,shall be awatded to tf�prevailing par(y.
{N WITNESS WHEREOF,We hereunto set our Hands and Seais thts � dey of
�'� 20 13 ,
CONTRACTOR SURETY
Clean Slireep Environmental Indemnity Compaoy of aPifomia
Contr�ctor's Name Surety's Name
�'�„'"" y-�+
Signature Slgn re �
Re ee Ramsey, =n-Fact
T�le Title _ _
4235 Duluth Avenue,Suite A 17771 Cowan,Suite 100
Address Address
RockSn,CA 95765 Irvine,CA 92614
Clty/State/Zip City/StatelZip
Telephone No. ��6) 253-3900 Telephone No. �8�}924-8655
C32710 SECTION'S,CONTRACT G10CUMENTS Page 14
ACKNOWLEDGMENT
State of California
County of Sacramento �
On Apri! 22, 2013 before me, Patricia M. Simas, Notary Public
(insert name and title af the officer)
personally appeared Renee Ramsey
who proved to me on the basis of satisfactory evidence to be the person(s}-whose name(sj is/ar•e-
subscribed to the within instrument and acknowledged to me that he�she/�tey executed the same in
-�'ts/her/t#�eirauthorized capacity�ies), and that by his/heNE#�eirsignature(s�-on the instrument the
person(�or the entity upon behatf of which the person{� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State af Catifomia that the foregoing
paragraph is true and cor�ect.
. ,:... . PATRICIA M.SIMAS
� • NOTARY PUBLiC-CALlFORNIA a,
WtTNESS my hand and official seal. �, � COMMISS{ON�1858871 �
SACRAMENTO COUNTY
My Comm.E .A ust 21 2013 +
� T � .
Signature ���0 ' '• (Seal)
� . , �.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND lNDEMNITY COMPANY
INDEMNITY COMPANY QF CALIFORNIA
PO 8ox 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESEN7S that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALlFORNUI do each
hereby make,constltute and apperint:
"'Richard W.Pratt,B.G.Midstokke,Renee Ramsey,Katherine Gordon,Patricia M.Simas,jointly or severaliy"'
as their true and lawtul Attamey(s)-in-Fact,b make,axecute,deliver and acknowledge,for and an behalf of said corporations,as sure6es,bonds,underfakings and amtracls ot surery-
ship giving and granbng unro safd Attomey(s}in-Fad full power and authority!o do and to pertorm every act necessary,requisite or proper lo be done in connec6on Iherew�h as each ot
said corporadons cauld do,but reserving ro each of said corpora6ons fuq power of subsdtuGon and revocaUon,and all of the acts of said Ariomey{s}in-Fact,pursuant to tliese presents,
are hereby radfied and confirtned.
This Power of Attomey is granted and is signed by hacsimile unde�and by authoriry of U�e folbwing resolutlons adopted by the respec6ve 8oards o(Direclors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY CQMPANY OF CALIFORNIA,eflective as of January 1 st,2008.
RESOLVED,Ihat a combina8on of any two of the Chairtnan of the Bo�d,Ihe P2sident,Execubve Vice-President,5enior Vice-President or any Vice Presidenl of the
carporadons be,and that each of them hereby is,authorized to execute this Powrer otAitomey,qualitying the attomey(s�named in the Power otAttomey ro execvte,on beheH ot the
corporatlons,bonds,undertakings and contracts ot suretyship;and that the Seaetary or anyAssistant Seuetary of eiMier oF the corporaGons he,and each of them hereby is,authorized
to attest Ihe execuUon of any such Power of Attomey;
RESOLVED,FURTHER,fhat Ihe signalures of such officers mey be a(fixed to any such Power otAttomey or to any ceRfiple rela6ng thereW by facsimile,and any such
Power of Attamey or certificale bearing such facsimile signatures shaM be vaGd and binding upon the corpora0ons when so affixed and in the future with resped to any twnd,undertaking
or contract af sureryship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SUREIYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severapy caused these presents to be signed by
iheir respedive o(ficers and attested by their respedive Seaetary orAssistant Secrefary this October 4th,2011.
By \ l CS%l'ri'ti'� ������:�•�AND�•j�;p•,,, N,pANV�
Daniel Young,SeniorV'�ce-P2sidenl =.:yJ�40RPORqr�F�,y; ��G�gPOqq�
By: S� CJl ���-'�,v(// :�' OCL `5<"__ 2`? OCT.5 �� T
Steve A.Tvedt,Yce-President aj�: 1 9 3 6 ;a;_ ��i+ � 1967 � y
O 2
•.7�o../OWP,.�ti�a� � 'qCIFOP�� -L
State of Califomia �
County of Orange •"*"""��",, *
On October4,2017 �{���, MtonioAlvaredo.NotarY PuWic
Date Here Insert Name and TiGe of Ihe Officer
personally appeared_ Daniel Young and Steve A.Tvedt
Name(s)of Signer(s}
who proved b me on the basis of saUsfadary evidence ro be the person(s)whose name(s)is/are subscribed to
� �� the within insUument and acknowledged to me that helsheelthhey executed the same in NsRierltheir autharized
/UVTON�O AI.VA�A� capaalyCes},and that by his/herflheir signature(s)on the insWment tl�e person(s),or Ihe entily upon behali of
� OO�A.f/880643 which the person(s)acted,executed Ihe instrumen4
����� I certify under PENALTY OF PERJURY under the laws o(the State of Cafifomia that the foregang pa�agraph(s
� OFiA1dQE OOlAd1Y bue and corted.
i��r�cn.eo�iiss Aup.9.2013 ..-�
��� WITNESS my hand and offiaal seal
Place Nolary Seal Above Signature_T �'
..v_._
MlonioAlvarado,Natary Public
CERTIFICATE
The undersigned,as Secretary orll�sistant Seaetary of DEVELQPERS SUREIY AND INDEMNITY COMPANY ar INDEMNITY COMPANY OF CALIFORNIA,does hereby
certi�y that the foregoing Power ofAaomey remains in h�l force and has not been revoked and.furthertnae,that Ihe provisions of the resolutions at the respedive Baards of Oirectors of
said corpore6ons set toNh in tlie Power o(Attomey are in faree as of the date of this Certifirate
This Certificate is executed in the City of Irvine,Califomia,this 22nd day of Aprii , 2013 �
8y: ,lC
regg Oku , 'stant Seaetary
ID-13B0(Rev.10/11)
Contract No. C32710
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2013-2015
CONTRACT NO. C32710
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this gtn
day of May 2013, by and between THE CITY OF PALM DESERT, a
municipal corporation, hereinafter referred to as "City," and LANCE SOARES, INC.,
DBA CLEAN SWEEP ENVIRONMENTAL, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, on April 5, 2013, 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 July 1, 2013, through June 30,
2015, or to such later date as may be agreed in writing between parties. This
contract allows for an option of two one-year contract extensions at the City's
option and based on Contractor's performance and 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 Two Hundred Eighty-two Thousand Two Hundred Nineteen and 60/100
dollars ($282,219.60) 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.
1
Contract No. C32710
(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 Nos. 0 ; General Terms and Conditions; Specific Terms and
Conditions; Extra Work Pricing Schedule; 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
2
___
Contract No. C32710
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:
IF TO CITY: IF TO CONTRACTOR:
Office of the City Clerk Lance Soares, Inc.
CITY OF PALM DESERT dba Clean Sweep Environmental
73-510 Fred Waring Drive 6910 28th Street
Palm Desert, CA 92260 North Highlands, CA 95660
(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.
CITY OF PALM DESERT LANCE SOARES, INC., DBA CLEAN
A Municipal Corporation SWEEP ENVIRONMENTAL
JAN C. HARNIK, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST: APPROVED AS TO CONTENT:
RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P .E.
CITY OF PALM DESERT, CALIFORNIA DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
3
Contract No. C32710
CONTRACTOR NOTARY ACKNOWLEDGMENT
State of California }
} SS
Cou nty 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)
CITY NOTARY ACKNOWLEDGMENT
State of California }
} SS
County of Riverside }
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)
4
Contract No. C32710
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2013-2015
CONTRACT NO. C32710
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Lance Soares, Inc., dba Clean Sweep Environmental, hereinafter
designated as "Principal," a contract for:
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2013-2015
CONTRACT NO. C32710
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, Lance Soares, Inc., dba Clean Sweep Environmentall
the Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert, hereinafter called City, in the penal sum of
Two Hundred Eighty-two Thousand Two Hundred Nineteen and 60/100 Dollars
($282,219.60), 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.
5
Contract No. C32710
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
6
Contract No. C32710
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2013-2015
CONTRACT NO. C32710
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee")
has awarded to Lance Soares, Inc., dba Clean Sweep Environmental (hereinafter
designated as "Contractor"), an agreement dated May 9, 2013, and described as
follows:
CITY OF PALM DESERT
COMMERCIAL AND RESIDENTIAL
STREET SWEEPING SERVICES 2013-2015
CONTRACT NO. C32710
(hereinafter referred to as the "Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 et seq of the California Civil Code;
NOW, THEREFORE, we, Lance Soares, Inc., dba Clean Sweep Environmental, the
undersigned Contractor, as Principal, and
a corporation organized and existing under the laws of the State of
, and duly authorized to transact business under the laws of the State of
California, as Surety, are held and firmly bound unto City of Palm Desert and to any and
all persons, companies or corporations entitled to file stop notices under Section 3181
of the California Civil Code, in the sum of Two Hundred Eight-two Thousand Two
Hundred Nineteen and 60/100 Dollars ($282,219.60), said sum being not less than one
hundred percent (100%) of the total amount payable by said Obligee under the terms of
said Contract, for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its
heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to
pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said Contractor and his or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor as required by
the provisions of Section 9100 et seq of the Civil Code, or for any amounts required to
7
Contract No. C32710
be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue
Service from the wages of employees of Contractor or his or its subcontractors, the
Surety or Sureties hereon will pay for the same in an amount not exceeding the sum
specified in this bond, otherwise the above obligation shall be void. In addition to the
provisions herein above, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to serve stop notices under Section 9100
et seq of the Civil Code, so as to give a right of action to them or their assigns in any
suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of said Contract or to the work to be
perFormed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement befinreen Obligee and Contractor hereunder shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if Obligee is required to engage the services of an
attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/Contractor: SURETY:
(Typed Name of Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
8
Contract No. C32710
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
IF TO SURETY:
(Name of Surety)
(Street Address) (Telephone number)
(City, State and Zip Code)
AGENT OR REPRESENTATIVE FOR SERVICE PROCESS IN CALIFORNIA (if
different from above)
(Name of Agent or Representative)
(Street Address) (Telephone number)
(City, State and Zip Code)
9