Loading...
HomeMy WebLinkAbout25C - AGMT - PAVEMENT CLEANING SRVS IN CIVIC CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2012 TITLE: AGREEMENT WITH SUPERIOR PROPERTY SERVICES, INC. FOR PAVEMENT CLEANING SERVICES IN THE CIVIC CENTER CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the amendment with Superior Property Services, Inc Center in an annual amount of $57,950, subject City Manager and City Attorney. Council to execute the attached agreement for pavement cleaning services in the Civic to non-substantive changes approved by the DISCUSSION Through the Civic Center Authority joint powers agreement with the County of Orange, the Parks, Recreation and Community Services Agency (PRCSA) is responsible for providing grounds maintenance services in the Santa Ana Civic Center, including hardscape pressure washing. On October 15, 2012, an RFP was issued for providing hardscape pressure washing services in the Civic Center. On October 25, 2012, a pre-proposal conference was conducted, and eleven contractors submitted proposals by the November 8 due date/time. Aztec Cleaning Services, Clean Street, A Dutch Touch, Dworsky Facility Services, Ellis Enterprises, Hydroblast, Keep It Clean, Qualified Mobile, Inc., South Shore Building Services, Superior Property Services, and Urban Graffiti Enterprises all submitted proposals for consideration. An evaluation committee consisting of representative from PRCSA and the County of Orange reviewed and rated the eleven proposals. The proposals were evaluated according to the evaluation criteria listed in the RFP, including Capability and Experience of Contractor (25%), Past Performance (25%), and Cost of Proposal (50%). The RFP evaluation results are as follows: 25C-1 Agreement with Superior Property Services, Inc. December 17, 2012 Page 2 Contractor Score* Superior Property 375 H droblast 322 Dworsky Facility Services 310 South Shore 231 Clean Street 229 Aztec 201 Kee It Clean 187 Urban Graffiti 181 Qualified Mobile, Inc. 174 Ellis Enterprises 162 A Dutch Touch Non-Responsive * Maximum 400 points possible Superior will remove stains, spills and other debris to provide a clean well maintained hardscape appearance in the Civic Center. Areas to be cleaned include the high traffic hardscape areas within the Civic Center Authority boundaries, including but not limited to sidewalks, building entranceways, and the East Mall area. The annual base contract cost is $47,950 and a $10,000 contingency will be added for unanticipated and emergency work, resulting in a total annual contract amount of $57,950. The agreement will be for a five-year term. FISCAL IMPACT Funds are available in the Civic Center M&R Buildings and Grounds account (no. 07413250 62320). I, Mn Gera(do Mouet, Exec tive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: A Francisco Gutierrez, Executive Director Finance and Management Services Agency 25C-2 AGREEMENT FOR PROVISION OF PAVEMENT CLEANING SERVICES THIS AGREEMENT, made and entered into this 1" day of January 2013, by and between Superior Property Services, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of hardscape pressure washing and cleaning services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform those services as set forth in City's Civic Center Pavement Cleaning Services Specifications, attached as Exhibit A to this Agreement, along with Contractor's Proposal, attached as Exhibit B. In the event of any conflict in the terms of this Agreement and any attachment or exhibit hereto, the terms of this Agreement shall prevail, followed by the City's Specifications (Exhibit A) and then by Contractor's Proposal (Exhibit B). The Director or his designated representative shall regularly inspect the properties subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per property not meeting the Specifications during any such inspection. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The annual base contract cost is $47,950 ($3,995.83 per month), and a contingency in the amount of $10,000 is added for unanticipated I 25C-3 and emergency work, with the total sum to be expended under this Agreement not to exceed $57,950 annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM The Term of this Agreement shall be for a period of five (5) years, commencing on the date first written above and terminating on December 31, 2017, unless terminated earlier in accordance with Section 12, below. City may terminate this Agreement if the Santa Ana City Council fails to approve funding for said services during any fiscal year. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. 2 25C-4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, 3 25C-5 judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 4 25C-6 P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Superior Property Services, Inc. 9129 Perkins Street Pico Rivera, California 90660 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 5 25C-7 12. TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice of termination. Additionally, City may terminate this Agreement upon thirty (30) days written notice of Contractor's failure to perform in conformance with the Specifications set forth in Exhibit A. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Specifications set forth in Exhibit A. b. Material Breach. If the Director determines Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider Contractor in material breach. City may exercise all remedies in law or equity for said breach, including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or delay in performance, and 2) directing the work be accomplished by either City personnel or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 25C-8 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA Paul Walters City Manager SUPERIOR PROPERTY SERVICES Larry DeCrona, President Tax ID# EXHIBIT A SANTA ANA CIVIC CENTER HARDSCAPE PRESSURE WASHING SERVICES SPECIFICATION 7 25C-9 1. Scope of Work. The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation and supervision, except as specified herein, to manage and perform the pavement cleaning services as set forth herein. Completion Criteria: 1.1 All listed hardscape areas in Attachment A shall be cleaned at the indicated intervals, including but not limited to sidewalks, walkways, patios, boardwalks, quads, esplanades, etc. 1.2 Hardscape areas shall be cleaned 100% free of all dirt, stains, gum, oil, tar, and residue to present a high quality appearance following each scheduled visit. 1.3 Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 1.4 Until dry, the areas, where practical, shall be barricaded, locked or otherwise isolated. 1.5 The Contractor shall clean all areas up to the entrance doors of each building. This includes, but is not limited to, steps, handicap ramps, side entrances, etc. 1.6 The Contractor shall also meet the criteria for cleaning as specified below. 2. Contaminated Water: 2.1 Only uncontaminated potable water may flow into surface drains. No cleaning agents or water contaminated from petroleum waste or any other hazardous waste may be allowed to flow into the surface drains. Contractor shall comply with all NPDES requirements regarding the containment of discharge into the storm drain system. 3. Frequency of Service 3.1 All areas covered by this contract shall be thoroughly cleaned a minimum of one (1) time per month. Exceptions to this are noted below: Area A: Orange County Courthouse shall be cleaned one (1) time per week. The Reflection Pond at the Central Courthouse shall be cleaned one (1) time per month. Area B: City Council Chamber grounds and patios shall be cleaned one (1) time per month. 25d-10 Area C: City Hall entrance from Ross Street and Santa Ana Library Entrance shall be cleaned every two (2) weeks. Area D: The Civil Courthouse grounds shall be cleaned one (1) time per month. Area E: Orange County Hall of Administration grounds and the East Mall shall be cleaned one (1) time per week. Area F: Santa Ana Plaza shall be cleaned two (2) times per month. See Attachment A for detailed maps. 3.2 Specified hardscapes shall be thoroughly cleaned between the hours of 6:00 PM and 7:00 AM 4. Operating Criteria 4.1 All trash, debris, tar, freestanding oil, grease, liquids, "green waste," food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substances, and contaminants shall be removed from hardscapes (i.e. sidewalks, walkways, patio, boardwalks, quads, esplanades) prior to cleaning operations. 4.2 The removal of materials, substances, and contaminants prior to cleaning operations may require the use of scrub brushes, sponges, mops, or other tools or utensils. All cleaning agents or residuals thereof, used in this process must be completely removed prior to beginning cleaning operations. 4.3 During regular cleaning operations, the contractor may use high pressure, low- volume washers, and steam cleaners as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surface. 4.4 At the beginning of cleaning operations, the Contractor shall strategically place approved signage at appropriate locations to identify to patrons that cleaning is taking place and that the walkways may be slippery. At all times Contractor shall safe guard the public from conditions made unsafe by the Contractor's operations. 4.5 During cleaning operations should the Contractor notice a hazardous condition he shall make the area safe by barricading the area and notifying the Executive Director's representative immediately. It shall be the City's responsibility to remedy the unsafe condition unless the Contractor created the condition. 4.6 The nozzle pressure of equipment shall not be so great so as to dislodge tile/paver grout or cause damage to hardscapes. 9 25C-11 4.7 If the nozzle pressure of equipment used to loosen and clean hardscapes is insufficient to thoroughly wash the surface, scrub brushes and cleaners may be require to remove the materials and produce a thoroughly clean surface. 4.9 All cleaned surfaces shall be rinsed clean and no fine grit or grime shall be allowed to remain. 4.9 Glass surfaces, which may get wet as a result of cleaning operations, shall be hand-dried immediately after the conclusion of the operation in the immediate area. 4.10 Immediately following the cleaning of the hardscape areas, all materials generated by the operation shall be collected and placed in Contractor's trash containers or otherwise removed from the site. 4.11 All areas barricaded while drying shall be opened by Contractor and made available for use when the area(s) are completely dry. 5. Personnel 5.1 Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a Project Foreman to be available during the normal hours of operation to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration, and coordination of all required services. The Contractor shall provide the name(s) and telephone(s) of the Project Foreman(s) within one week after contract award date. The Contractor shall provide written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. The Project Foreman shall return all calls from the Director within two hours. 5.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within one week after contract award date. The Contractor shall provide written notice to the Director in advance of any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. 5.3 Contractor Employee Skills Required. The Contractor's employees performing the services required by this Agreement shall have specialized training, prior work 10 25C-12 experience, or the demonstrated technical skills to fulfill the specific requirements of these Specifications and the Agreement. 5.4 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite. The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 5.5 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be clearly distinguishable from City employee uniforms. 5.6 Vehicle Passes. The Contractor personnel shall obtain vehicle passes from the County of Orange Parking Administrator, Public Works Department. 5.7 Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. 5.8 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 6. Other Requirements 6.1 Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e-mail for review/approval by City. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 6.2 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include areas to be cleaned, days of the week, times and what person/crew will be performing specific work in accordance with the specification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. 6.3 Director's Authority. The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at ]l 25C-13 the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub-standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 6.4 The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 6.5 The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. EXHIBIT "B" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS 12 25C-14 As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 13 25C-15 EXHIBIT "C" Insurance Company ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insured's ("additional insured's") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured's. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured's, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 14 25C-16 City of Santa Ana "Pressure Washing Services" RFP 12-067 PRCSA PROPOSAL November 8, 2012 Superior Property Services, Inc. 9129 Perkins St. Pico Rivera, CA 90660 (562) 801-9200 FAX (562) 801-9230 (800) 741-2532 Website: wwwAsuperioncom \ Superior Property Services, Inc. ? Superior Graffiti Services November 8, 2012 City of Santa Ana Mr. Robert J. Carroll 26 Civic Center Plaza 2"d Floor Santa Ana, CA 92701 RE: Hardscape Pressure Washing Services in the Santa Ana Civic Center RFP 12-067 PRCSA Dear Mr. Carroll, Superior is pleased to submit the enclosed proposal to the City of Santa Ana for pressure washing services. We have reviewed the information provided in the Request for Proposal and are confident Superior can meet all the requirements as outlined in this RFP. The following are the individuals authorized to make representations with respect to this proposal: Larry DeCrona, President 9129 Perkins Street Pico Rivera, CA 90660 Ronald Bruneck, Vice President 9129 Perkins Street Pico Rivera, CA 90660 Thank you for the opportunity to submit this information and we look forward to your review and comments. We can be reached at (800) 741-CLEAN or (562) 801-9200 should you or your staff have any questions. Respectfully, Superior Property Services, Inc. Ron Bruneck Vice President 9129 Perkins St., Pico Rivera, CA 90660-4512 562-801-9200 • 714-285-1200 Fax 55621 01-9230 • www.4superior.com 25C- 8 Executive Summary Background Superior Property Services, Inc., including Superior Graffiti Services and Superior Pressure Washing offer the kind of unique experience in all areas of graffiti abatement; pressure washing; painting; construction and property maintenance, rarely found in other companies. Superiors Vision of `Thinking About Tomorrow' reflects our profound respect for our environment and our responsibility to operate in a way that recognizes the impact we have on tomorrow's future. From the companies owners down we take pride in working together to provide the best products, technology and services available. Our innovative solutions and responsiveness to our clients have established Superior as a leader in the graffiti abatement and pressure washing industry. We are `Thinking About Tomorrow' and strive to improve the quality of life by providing cleaner and safer communities. We bring this vision to life through the power of our outstanding employees working hard to provide unmatched client services. The founders of Superior have over 80 years of combined business experience, building relationships on integrity and performance. We strive to always be a part of the solution. • Superior will succeed only by creating value for our clients • Superior will reward our employees that accept responsibility and provide superior service to our clients • Superior will always strive for excellence • Superior will work to protect the environment • Superior will foster teamwork • Superior recognizes our most valuable assets are our people and clients Superior Facts: o California Corporation ¦ Larry DeCrona, President & Founder ¦ Ron Bruneck, Vice President & Founder o In business since 1993 o Fifteen years of Graffiti Abatement experience o Currently employ 41 full time people o Management Team ¦ Nancy Hernandez, Office Manager ¦ Francisco Cuenca, Supervisor ¦ Chris Bruneck, Field Supervisor o Licenses: C33; D64 and B General Contractor o Corporate Offices & warehouse located in Pico Rivera o Anaheim office & warehouse (servicing Orange County) o Service Areas: Orange; Los Angeles; Riverside & San Bernardino Counties 25C-19 STATEMENT OF FACTS ? This RFP shall be incorporated in its entirety as part of our proposal. ? This RFP and proposal will jointly become the Scope for Professional Contract Services. ? Superior shall adhere to all state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. ? Superior has undergone NPDES training as required by the State of California and has adopted Best Management Practices (BMP's) as outlined by Orange County cities and the County of Orange permits issued by the California Regional Water Quality Control Boards ? Superior holds State Contractors License D64 (pressure washing) as required for this type of work ? Superior shall allow all authorized federal, state, county, and the City official's access to our place of work, books, documents, papers, fiscal, payroll materials and other relevant contract records pertinent to this project. ? Superior will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. ? Superior will at all times comply with the California Labor Code, pursuant to regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decisions; and State of California Prevailing Wage Rates. ? Superior shall comply with the Copeland Anti-kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof. ? Superior shall maintain a valid City of Santa Ana business license. 25C-20 Qualifications Superior Property Services, Inc. has provided the highest quality, high pressure and steam cleaning for almost two decades. Through the years Superior has received the experience necessary to complete any kind of job big or small. We have handled customer needs anywhere from cleaning parking stalls to the cleaning of 1.2 million sq. ft. of concrete for McCarron Airport in Las Vegas, Nevada. We currently are providing pressure washing services to the Cities of West Hollywood and Seal Beach. Sustainability Superior has worked hard and prided ourselves on becoming an environmentally conscience contractor. We have done extensive testing and evaluation of all of our chemicals and equipment. Superior would have no problem embracing the City's core values with respect to being a responsible contractor concerned about our environment. We would use our new Propane pressure washer equipped with a complete water recovery and recycling system. No other system exists in the state. Experience Superior currently provides the Cities of West Hollywood and Seal Beach with sidewalk cleaning of their major thorough fares and City Hall. This service includes pressure washing/steam cleaning/gum removal monthly of miles of heavy traffic Over the years we have provided the Tustin Unified School District with complete cleaning and gum removal of both Tustin High School and Foothill High Schools as well as the construction cleanup of Beckman High School. Our extensive experience includes Industrial buildings, walkways at UC Riverside, sidewalks around downtown Santa Ana, and the parking structure and jails for the Santa Ana Police Department. In addition to these local projects, Superior has also cleaned the parking structures of both the New York New York Hotel and McCarron Airport in Las Vegas. We presently have a fleet of over 30 trucks including ten pressure washers and trailer mounted units. We are constantly upgrading and expanding our equipment to insure we maintain the newest technology available. We would have the capability to respond quickly to any size job requested. Cleaning Process o Evaluate the chemicals used for cleaning eliminate those that contain solvents, heavy metals or high levels of phosphates o Evaluate the work area and identify all area drains and catch basins where wastewater could potentially enter the storm drain system o Block/seal off identified drains or catch basins using sand bags, rubber mats or berms. o Collect all trash and debris and properly dispose o Collect all wastewater or discharge into landscape areas o Removal of all gum and debris, misting an area to be cleaned; applying biodegradable degreaser, steam clean with a surface cleaner and then the area would be rinsed off with all water recovered an recycled. o All recovered water is put through a three stage filter system and than reused in the cleaning process. 25C-21 Equipment Superior takes pride in providing clients with the best service possible, to do so we maintain the best equipment for the job. We have a testing program to pursue alternative products; newer technology and equipment. Superior has an ongoing maintenance program designed to maximize the safety and condition of all vehicles and equipment. All vehicles are rotated out of service every three months and undergo a complete maintenance and safety check by an independent auto mechanic. Our pressure washers and water recovery systems are independently serviced by an outside contractor every three months. Each contractor is required to provide a detailed comprehensive report and safety check of each item serviced. In addition, our supervisor conducts a monthly maintenance inspection each vehicle. Pressure Washing Trucks This a full size '/a ton truck equipped just for pressure washing. We usually run a two person crew and can handle any type of pressure washing required including sidewalks, walls, poles and sand soda blasting as needed. We use both truck mounted and trailer mounted commercial pressure washing rigs with an output of over 4,000 psi; 6 gpm and 240 degrees. Our trailer mounted systems, are custom made and designed by Superior, and are the only fully propane systems used in California with complete water recycling and recovery system. Safety Equipment Superior provides all personnel with the proper safety equipment and training. Safety Shirts (visibility stripes) High Visibility Safety Vests (yellow) Safety goggles and gloves First aid and emergency kits Caution strobe lights Caution cones / signs / barriers MSDS Sheets Monthly Safety Meetings Weekly Vehicle Inspections Superior Reliability We do what we say "NO EXCUSES" Superior Creditability We resolve problems quickly and professionally, every time "NO EXCUSES" Superior Responsiveness We respond quickly, every time "NO EXCUSES" 25C-22 .7u Quality Assurance Program Superior's Quality Assurance Program is a process put in place to review the quality of all factors involved in meeting or exceeding the requirements as outlined in the Specifications. Our program comprises of three important areas: • Structured Elements o Understanding Work requirements o Performance Standards o Supervision & Inspections (self monitoring) o Response Times & Corrective Measures o Customer complaints & Inquiries o Reporting & Record Keeping • Competence o Knowledge/Training o Skills o Experience & Qualification • Soft Elements o Personnel integrity & honesty o Confidence o Management Support o Motivation -Team approach ¦ Encouragement ¦ Reward system Quality can suffer anytime these three areas are deficient 25C-24 Our program starts with our continuous comprehensive extensive training programs. We conduct monthly training meetings which include a discussion of any areas of concern or problem areas. Our Get It Right, First Time approach is achieved with better trained team members. Superior supports the following trade associations: Power Washers of North America (PWNA) and the Greater Los Angeles chapter of Painting and Decorating Contractors of America (PDCA). Through these Associations we encourage our employees to continue their training and knowledge of the methods and practices of both the painting trade and pressure washing trade. We emphasis greater communication between crews, supervisors and our quality assurance inspector. With better communication and ongoing inspections we are able to deal with issues before they become problems. Each area is inspected regularly by our inspector with written reports submitted to our supervisor and discussed with the technicians in the area. If corrective actions are required they are completed in a timely manner and re-inspected before they can be signed off by our supervisors. Any complaints received are investigated by our inspector and corrective measures are taken to avoid any further problems. All complaints must be resolved to the satisfaction of our supervisor, office manager and company owners within 48 hours or an approved written extension must be obtained. We make sure all phone calls; emails and/or written correspondence are responded to immediately. A major component of better communication is frequent and ongoing inspections. These inspections insure quality of work being performed in each area and inspections of all vehicles' and equipment insures safety and ability to complete each job. We have prided ourselves in constantly searching for new and innovative ways to increase our efficiency and performance. To that end we have custom equipped trucks to enhance efficiency. We have streamlined our reporting systems and were the first contractor to actively use a GPS system for real time tracking We take a great deal of pride in both our training programs and ongoing quality assurance programs 25C-25 Staff/Key Personnel Lawrence E. DeCrona President/Co-Owner Mr. DeCrona was honorably discharged from the United States Air Force after a tour of duty in Vietnam. He attended Mt. San Antonio College and Cal Poly University where he obtained a degree in Business Administration. He began his career in real estate and marketing in 1973 and specialized in residential and commercial income producing properties. Mr. DeCrona is a licensed General Contractor and has acted as Owner/General Partner in the acquisition, development or management of over $22,000,000 in real estate projects. As a developer/builder, he has built or renovated over 195 apartment units and completed construction of thirty-three single family and multi- family homes in Southern California. He has also completed construction and renovated over 178,000 square feet of commercial/industrial property and received the "Historical Restoration Award" from the City of Santa Ana in 1988 for the Oddfellows Building originally constructed in 1906. Mr. DeCrona and Ron Bruneck formed Superior Property Services in 1994. Superior is a full service graffiti abatement, janitorial service, pressure washing and property maintenance company. Mr. DeCrona was the co-founder, in 1980, of the Newport Beach Business Club and a 20-year member of Lions International and Past President of the Mariners Lions Club of Newport Beach. He is on the advisory Boards for Vanguard University and Friends of Institute of Real Estate Management. The DeCrona's are active members of Trinity United Presbyterian Church in Tustin, California. Mr. DeCrona is married to Diane M. DeCrona, a Tax Attorney/CPA, and they have a grown son and daughter. 25C-26 Ronald L. Bruneck Vice President/Co-Owner Mr. Bruneck began his career in real estate sales and property management in 1974. During his 15 years in property management, he was responsible for managing a portfolio consisting of over 2500 residential units and numerous commercial properties. He obtained his real estate brokers license in 1976, owned and managed Lanco Property Management until 1989. He then started CDS Maintenance which later became Superior Property Services in 1994. Mr. Bruneck is married with two boys and resides in Tustin, CA. Mr. Bruneck attended the University of Southern California, holds a Bachelor's degree in Business Administration and was a member of the Institute of Real Estate Management (IREM). Larry DeCrona and Ron Bruneck have worked together for over 20 years and in 1994 became partners to form Superior Property Services, Inc. Nancy Hernandez Director of Operations Office Manager Her years of experience in all aspects of the maintenance business have resulted in a responsive and knowledgeable manager. Being bilingual enables her to communicate with the employees giving them directions and new ideas to complete the work needed. Ms. Hernandez directly over sees the office staff and indirectly is responsible for all employees, with supervisors reporting directly to her. She also is responsible for scheduling work and accounts receivables. Ms. Hernandez is a integral part of the Superior operation and family. Experience: Lanco Property Management CDS Maintenance Superior Property Services, Inc. Education: Santa Ana Valley High School Orange Coast College Business Major Language: English & Spanish 1991- 1992 1992 - 1993 1993 - Present 1994 1994 -2000 25C-27 Francisco Cuenca Operations Manager Quolity Assurance Over the years Francisco has shown his versatility by taking on any job necessary. He has worked on our paint crews and became our key supervisor over seeing all of our graffiti abatement crews. He is very familiar with the requirements of our LA County graffiti contracts and the areas they service. Mr. Cuenca responsibilities now include the operations of all our contracts and reports directly to our Director of Operations. Experience: Superior Property Services, Inc. 1999 - Present Janitor Janitorial Supervisor Pressure Washer Graffiti Abatement Graffiti Abatement Crew Supervisor Operations Manager & Quality Assurance Supervisor Education: Saddleback High School 1989 Language: Spanish & English Chris Bruneck Field Supervisor Chris has grown up with Superior and has worked in all phases of the company. He has worked as a janitor, graffiti crew, data entry, and maintenance crew. He is responsible for supervising field crews for our Anaheim contract and both Seal Beach and West Holliday contracts. Chris has coordinated many special clean-up projects, including the City of West Hollywood Halloween Festival which has about %: million people attend. Chris has received NPDES training and has seven years of experience in pressure washing. Chris understands the importance of maintaining Superiors high standards of service and quality of work. Chris has a passion for soccer, enjoys music and working out. Experience: Superior Property Services, Inc. 2003 - Present Education: Tustin High School 2005 Santiago Community College 2005 -2006 Woodbury University 2006 -2007 Language: English 25C-28 Jose Gonzalez Crew Leader Pressure Washing/ Recycling Jose worked for several years on our graffiti abatement crews and was trained to handle our pressure washing and water recovery and recycling equipment. He has recently been promoted as a supervisor overseeing our pressure washing crews and equipment. Experience: Superior Property Services, Inc. 2006 - Present Education: McLane High School 1992 Language: Spanish & English Mario Mendez Pressure Washing Crew Mario is bilingual and has been involved in the janitorial industry prior to joining our Superior team. Mr. Mendez has been involved in all areas of service for Superior and has been working as a pressure washer for more than 2 years. Mario works closely with our other supervisors in improving training techniques and reporting procedures. Experience: Superior Property Services, Inc. 2003 - Present Education: Escuela Secundaria Mixta, Jalisco, Mexico 1992 Language: Spanish & English Juan Hernandez Pressure Washing Crew Juan began with Superior as a graffiti abatement crew member working on Los Angeles County contracts. Juan now runs one of our pressure washing trucks in Los Angeles County. Experience: Superior Property Services, Inc. 2005 - Present Education: Colegia Benito Juarez, Ciudad de Mexico, MX 1980 Language: Spanish & English 25C-29 Superior's Team All of our crew members have had a minimum of one year of prior experience. They must have and maintain a clean driving record. They receive extensive training by Superior prior to being placed on a crew in the field. Our corporate office is located in Pico Rivera and we have an Anaheim warehouse to service our Orange County clients. pr U or Pico Team " Experience/Client References (Partial list) County of Los Angeles Ms. Ari Telias 900 S. Freemont Alhambra, CA 91803-1331 (626) 458-4062 1997 Current Fiscal Year City of West Covina Mr. Ron Allen 1444 W. Garvey South West Covina, CA 91793 (626) 523-3766. 2008.2011 County of Orange Mr. Carl Reed 2301 N. Glassell St. Orange, CA 92865 (714) 955-0331 2008-Current Fiscal Year *City of Colton Ms. Maritza (Tapia) Martinez 650 N. La Cadena Dr. Colton, CA 92324 (909) 370-5099 2006 -2009 City of Orange Mr. Dana Robertson 300 E. Chapman Ave. Orange CA 92866 2010 - Current Fiscal Year City of Coachella Ms. Maritza Martinez 1515 60' St. Coachella, CA 92236 (760) 501-8111 Current Fiscal Year Notes: City of West Hollywood Mr. Kevin Trudeau 8300 Santa Monica Blvd. West Hollywood, CA 90069 (323) 848-6400 2009-Current Fiscal Year City of Simi Valley Mr. John Parris 500 W. Los Angeles Ave. Simi Valley, CA 93065 (805) 583-6459 2010---Current Fiscal Year City of Santa Ana (Police Department) Ms. Mary Calderwood (Retired) 60 Civic Center Plaza Santa Ana, CA 92704 (714) 245-8061 2004 -2008 Santa Ana Chamber of Commerce Mr. Dave Elliot, President 2020 N. Broadway #200 Santa Ana, CA 92706 (714) 541-5353 ext. 121 Business Reference *Maritza (Tapia) Martinez - Formally with the City of Colton now with the City Coachella 25C-31 Superior Property Services, Inc. Partial Reference List AMC MANAGEMENT AMERISTAR LENDING GROUP AMERICAN RED CROSS BIXBYLAAD COMPANY BPS GROUP BRENTWOOD COUNTRY CLUB BRYMAN COLLEGE CANYON ACRES CHILDREN SER VICES CENTER TRUST CITY OFANAHEIM CITY OF COLTON CITY OF ORANGE CITY OF RIVERSIDE CITY OF SANTA ANA CITY OF WEST COVINA CITY OF WEST HOLLYWOOD COUNTY OFLOS ANGELES COUNTY OF ORANGE COUNTY OF SAN BERNARDINO EPOCH CONSTRUCTION FLEET FUELS F O UN TA I NG L E N PR O P E R T I E S GODBEY MONROE GT BICYCLES HACKETT MANAGEMENT CORP. ICMYERS PROPERTIES KB HOMES LIMELIGHT JAVA LOS ANGELES COUNTY FLOOD CONTROL AlADISSONMARQUETTE MANAGEMENT 1KARNELL CORRAO MC CARRIONAIRPORT; Las Vegas, NV MINI-U-STORAGE NATIONAL AUCTION PROPERTIES, INC. NEW YORK, NEW YORK HOTEL, Las Vegas, NV ORANGE COAST JEEP, GMC & BVICK ORANGE COUNTYHEAD START ORANGE COUNTYPARENTS & TEACHERS PHILARMONIC HOUSE OFDESIGN PRESBYTERIAN CHURCH OF THE COVENANT PROWEST PCM, INC. RESCO SELF STORAGE RIDGEPARK LANDSCAPE RIVERSIDE COUNTY TRANS. COMMITTEE RUBY'S RESTAURANTS S & S BUILDING MAINTENANCE SCHROEDER MANAGEMENT SHOOK PROPERTIES SHURGARD SELF-STORAGES SPERRY VAN NESS SO UPLANTA TION RESTA URANTS SWINERTONBUILDERS THE CARLSON COMPANY TUSTIN UNIFIED SCHOOL DISTRICT UNITED CONSTRUCTION W. CRAIG DOOTSON WAHOO'S RESTAURANTS 24 HOUR FITNESS CENTERS 25C-32 Plan of Action Santa Ana Civic Center Pressure Washing Maintenance Schedule Annual Proposed Price: $47,950.00 2 - Pressure Washing Crews Every Sunday Night Area (per attachment A) Approximate Square Footage Weekly A & E 40,152 Week 1 Every two weeks C & F 4,845 Weekly A & E 40,152 Week 2 Monthly Reflection Pond (A) 7,552 Monthly Civil Courthouse (D) 1,020 Weekly A & E 40,152 Week 3 Every two weeks C & F 4,845 Weekly A & E 40,152 Week 4 Monthly Council Chambers (0) 12,834 • Two fully equipped pressure washing trucks from our Anaheim warehouse will be used for this contract. Each truck will use a 2 person crew and will be assigned specific area of responsibility. Four week rotating basis. • Cleaning will be completed beginning Sunday night by 8:00 pm and completed by Monday morning before 6:00 am • Office contact will be Nancy Hernandez (562-801-9200) • Field Supervisor will be Chris Bruneck (714-719-4419 cell) • Contract contact person Ron Bruneck (714-719-4419 cell) or Larry DeCrona (714-719-4417 cell) • Additional support as needed 25C-33 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No. 1000941707-02 KNOW ALL MEN BY THESE PRESENTS, that we Superior Property Services, Inc. 9129 Perkins Street Pico Rivera, CA 90660 (Here insert full name and address or legal title or Contractor) as Principal, hereinafter called the Principal, and American Contractors Indemnity Company a corporation duly organized under the laws of the State of CALIFORNIA as Surety, hereinafter called the Surety, are held and firnily bound unto City of Santa Ana, Parks, Recreation and Community Services Agency P.O. Box 1988 Santa Ana, CA 92702 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of _,LJQ%))Ten percent of bid, not to exceed five thousand seven hundred sixty Dollars ($5,760.00) for payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, tttistrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. RFP 12-067 PRCSA, Hardscape Pressure Washing Services in th Santa Ana Civic Center (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed (Witness) Superior Property Services c. (Principal)`????'l/ (Seal} ("Title) pjze? / 11A_a,z ArP& imess) Vanessa Copela d (Title) (Seat) , Attorney-in-Fact ArA V0UL.N1E\T A310 BID BOND ALA V FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 25C-34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On l 511-2- before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) Fq qi77 e hty Comm. Expires Mar 22.20114 Place Notary Seal Above 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 i,is/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 tha a foregoing paragraph is true and correct.-1 Witness my Signature Notary OPTIONAL Though the information below is not required by law, it may prove valua le 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ? Individual ? Corporate Officer-Title(s): ? Partner -- ? Limited ? General ® Attorney in Fact -ATUA 11-1 ? Trustee OF SIGNER ? Guardian or Conservator I Top of thumb here7 Number of Pages: Signer's Name: ? Individual ? Corporate Officer- Title(s): ? Partner - ? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator Top of thumb here ? Other Signer Is Representing: ? Other: Signer Is Representing: `GG*CG`?t.`r?`•4-`CC:CC?`?'?C.?=c.?'?-`?G?i?:`?C??n_-?C?t_?`?`??tr`CCi`??`f?t,"?.??._4'`?-?Z:?i;?'4"EG`C<>`?<>?C4`?_'??`?fi`?c?:=?`v`?%C?G?4`C (02007 National Notary Association -935000 Soto Ave_ PO. Box 2402 -Chatsworth, CA 91313-2402 --Nal,onalNotary.org Item ,45907 Pcorrler: Call Toll-Free 1-E300-876-6827 25C-35 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Shawn Blume, Stephanie Hoang, Eric Lowey or Mark Richardson of Costa Mesa, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliverany and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and .consents of surety, providing the bond penalty does not exceed *******Three Million******** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorne)-in-F'oct maybe given full power and.authoilty for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogni:ances, contracts, agreements or indemnity and aiher-conditional or obligatory undertakings, including any and all consents for the release of-retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile; and any power ofattomey or certificate bearing facsimile signature or facsimile seat-shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be4igned-and their corporate seals to be hereto affixed, this 3'd day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY By: State of California County of Los Angeles SS: Daniel P. Aguilar, On this 3'd day of October, 20 t 1, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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 sea]. oteolwt ttttst CprNeNOa i t!2lOq Signature /(ees t-. (Seal) men Pak . cwwwk ca a?tn 0-* 1 kw. frommull, loss I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, t have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of "e_,)Mbe W ,2012 Corporate Seals t,4AtTf>{?? T Q' SEAL "` Bond No. ???? sft?t + Jeannie Lee, ssistant Secretary Agency No. 18200 25C-36 A` °R°® CERTIFICATE OF LIABILITY INSURANCE !1:24/2012 MIDD/YWY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Garrett/Mosier/Griffith/Sistrunk CONTACT NAME: Risk Management & Insurance Services PHONE IAJC. No. E (949)559-6700 FAX AIC No): (949)552-5703 12 Truman Irvine, CA 92620 E-MAIL ADDRESS: INSUREMS) AFFORDING COVERAGE NAIC ft .Com OB84519 INSURED INSURER B Superior Property Services, Inc. 9129 Perkins St. INSURER C Pico Rivera CA 90660 INSURER D: INSURER E COVERAGFR f:FRTII7I(_ATF All IMRF:0- 4--..o ne1f1Q1n?1 ?111eeocn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INRR ADDL SUBR VfVn POLICY NUMBER l MWDDNYYY MMIDON Y LIMITS A GENERAL LABILITY MGLO176732 6122/2012 6/22/2013 EACH OCCURRENCE $ 1,000,000 ? COMMERCIAL GENERAL LIABILITY OOMAGE TO RENTED PREMISES Ea occurre nce $ 50,000 CLAIMS-MADE ?? OCCUR MED EXP (Any one person) $ 5,000 ? $5,000 Deductible PERSONAL& ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 2,000,000 POLICY PRO- LOC $ B AUT OMOBILE LIA13CLITY 014AU02901 6/22/2012 6/22/2013 Ea acatleDSiNGLE LIMIT $ 1,000,000 ? ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ? NON-OWNED HIREDAUTOS ? AUTOS PROPERTY DAMAGE Per accident S ? Physical Dama e $500 Comp Ded g $500 Coll Ded $ s UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ S $ C WORKERS COMPENSATION 3300061722-121 612212012 6/22/2013 VVC STATU- 17- EMPLOYERS' LIABILITY y / p TORY LIMITS ER ANY ANY PROPRIETOR/PARTNER/EXECUTIVE 0 I FXCLUDEO? J N I A E.L.EACHACCIDENT $ 1,000000 n d a t o r y In NH) (Mandatory in NH) It yes describe under E.L. DISEASE - EA EMPLOYEE $ 1,000.00 0 , DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) All operations of the named insured subject to the terms and conditions of the policies. As respects General Liability coverage, County of Los Angeles is added as Additional Insured, per CGL-216 (04/98) attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included, per CG24041093 attached. This certificate of insurance amends and supersedes an rev' usl issued certificate, CERTIFICATE HOLDER CANCELLATION All Operations SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C t f oun y o Los An eles THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept. of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. P4 Box 1460 Alhambra CA 91802 AUTHORIZED REPRESENTATIVE Michael Finn Q919BB-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERT NO.: 14100888 Charise Eberhard 9114/2012 10:54:15 AM Page 1 of 3 25C-37 State Of California %*;,?ONTRACTORS STATE LICENSE BOARD Cooaumer ACTIVE LICENSE Affairs 4* ,- ..835687 E CORP SUPERIOR PROPERTY SERVICES INC C33 C61/D38 s 04/30/2014 www.es[b.ca.gov 25C-38 IV. CONTRACTOR'S REFERENCES These sheets must be completed in full and returned with contractor's proposal. List and fully describe three contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications included in this RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 City of West Hollywood Customer N99% Address: X1Santa Monica Blvd 1q ' ' -6216 Contract Amount: $101,520.00/annually City of Anaheim Sandra Sagert Descri Lion of equipment and services provided: Monthply sidewalk cleaning for Santa Monica Blvd., including City Hall and Special Events. We provide multiple pressure washing crews using u water recovery and recycling systems. Reference No. 2 Customer Name: City of Seal Beach 211 Eight St., Seal Beach, CA Address: Contract Amount: $39,900.00/annually Kevin Trudeau Contact Individual: Phone Number: (3 848-6339 Year: 2009 - Current Fiscal Year Contact Individual: Cesar Rangel Phone Number: (562) 431-2527 Year: 2009 - Current Fiscal Year Description of equipment and services provided: Monthly sidewalk cleaning for Main St., PCH to Ocean Blvd., using BMP's, we use a 2-man pressure washing crew with a completed water recovery and recycling system. Reference No. 3 Customer Name: 200 S. Anaheim Blvd., Ste. 525 Address: Anaheim, CA 92805 $920,0001annually Contract Amount: (714) 765-4413 Phone Number: Current Fiscal Year Year: Pe cr' ion of? ME ent atncWervices idled: on ra ro gra men . e pravidgTr y equipped pressure washing trucks to remove graffiti from all unpainted surfaces and sidewalks. Contact Individual: 25C-39 V. PROPOSAL FORM AND DEVIATIONS Please describe and deviations from the KFF specifications below. It no deviations, state "none". Deviations: NONE Cost of Base Bid: $ 47,950.00 Additional (Optional) Services Hourly "call out" rate for pressure washing, no $ 50.00 chemicals Additional (Option a l Add-On Locations Square foot price per month - once per month $ 0.0 service Square foot price per month - twice per month $ U.Ub service Square foot price per month -- four times per $0.04 month (weekly) service The undersigned contractor agrees to provide pressure washing services in accordance with all specifications. I/We have stated herein the services and fees that Uwe will furnish and deliver as specified. Where there is a discrepancy between words and figures, words shall govern. i have verified that all information, attachments, and copies required in Section I.D. are included. Superior Property Services, Inc. Name of Contractor (Person, Firm, Corp.) 9129 Perkins St., Pico Rivera, CA 90660 Signature of Authorized Rep. Ron Bruneck, Vice President Address Address (562) 801-9200 Telephone Number Name and Title (Please Print) // -- ,,, - 2? " 2 Date Ron@4superior.com E-Mail Address 25C-40 EXHIBIT "B" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY Superior Property Services. Inc. TITLE OF PERSON SIGNING fVice President SIGNATURE DATE /./ - e- ._ Zd r -z- Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 14 25C-41 25C-42