Loading...
HomeMy WebLinkAboutTSCM CORPORATION 8 - 2011:.rJIV ` A-2011-029 ?F M AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT, effective this 7day of February, 2011, by and between TSCM, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State 41 of California (hereinafter "City"). v RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of 1 steam cleaning services. B. Contractor represents that Contractor is able and willing to provide such services to the City. :J 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: 1. SCOPE OF SERVICES Contractor shall perform steam cleaning services in various locations throughout the Downtown and Main Street, as set forth in Exhibit A to this Agreement. The steam cleaning program in Downtown allows for annual cleaning of the 2nd Street fountain, as well as semi- annual and quarterly cleaning of specified parking lots, trash enclosures, sidewalks, catwalks, alleys and stairways, and additional locations as determined by the City. 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 total sum to be expended under this Agreement shall not exceed $45,000.00 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. 1 3. TERM This Term of this Agreement shall be a twelve (12) month period. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services and the City Attorney. 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, agents, volunteers, and employees 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 the City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Legal Counsel. 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. 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 Legal Counsel. (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. £ 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 ofinsurance. 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, 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: Deputy City Mgr. for Development Services Community Development Agency - City of Santa Ana 20 Civic Center Plaza (M-25) 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: TSCM 18281 Gothard Street, Ste. 109 Huntington Beach, CA 92648 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimife, any notice, tender, demand, delivery, or other 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, that 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. 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. As a condition of such payment, the Deputy City Manager, or his/her designee, may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ((?? I- ?'?1r?C Maria D. Huizar q1L Clerk of the Council APPROVED AS TO FORM: City Attorney By2?, Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA L? David N. Ream City Manager CONTRACTOR - TSCM: By: v "I - N : ypj?V Title: ?e e Tax ID 33-03831/ TSCM CORPORATION An Environmentally Sensitive Service Corporation 17791 Jamestown Lane Huntington Beach, CA 92647 714.841.1988 714.841.3222 fax www.tscmcorp.com Contractors License # 934760 COPY PROPOSAL FOR STEAM CLEANING AND PRESSURE WASH SERVICES FOR PARTS OF DOWNTOWN & SOUTH MAIN 20 CIVIC CENTER PLAZA M-25 SANTA ANA, CA 92701 NOVEMBER 22, 2010 ATTACHMENT D PROPOSAL This sheet must be completed in full and returned with Offeror's Proposal I. BID PRICE Annual Description 200 W. 2nd Street Fountain $ 385.00 Semi-Annual 2011 N. Main Street Parking Lot $ 800.00 Quarterly Trash Enclosures (3) 312 N. Bush St., 201 W. 3rd, 310 N. Birch St. $ 1,300.00 Yd and Broadway Catwalk behind garage $ 1,540.00 S. Main St. Sidewalks ls` to Warner $ 27,800.00 200 W. 2nd Street Promenade Alley $ 300.00 200 W. 2nd Street Promenade $ 2,900.00 205 W. Civic Center Drive. Sidewalks & Stairways $ 1,300.00 3rd & Bush Street Parking Lot $ 1,700.00 312 N. Bush Street Parking Lot $ 300.00 300 S. Main Street Parking Lot $ 1,300.00 606 S. Main Street Parking Lot $ 660.00 1022 S. Main Street Parking Lot $ 525.00 All charges identified with service cleaning costs and the service of this contract must be included in the above total. TOTAL ANNUAL BID PRICE $ 40,810.00 II. MISCELLANEOUS A. A bid bond of 10% of total amount for first year is included in the proposal Yes _X No B. I have seen the respective area upon which I am bidding Yes _X No C. I have completed and attached the Contractor's Qualifications Questionnaire. Yes X No D. I can begin the work called out for in this Request for Proposals on January 1, 2011 Yes X No M. PROPOSER'S STATEMENT I have read, understand, and agree to the terms and conditions of all pages of this Request for Proposal. Upon request, I will transfer and deliver services to DInc in accordance with said terms and conditions. Authorized Officer (Print): Frank J. Pappano Title: Senior Vice President Signature: Firm Name: TSCM CORPORATION Address: 17791 Jamestown Lane City: Huntington Beach Zip Code: Telephone Number: 714.841.1988 Fax Number: 92647 714.841.3222 ATTACHMENT E CONTRACTOR'S QUALIFICATION QUESTIONNAIRE Name of offeror: TSCM CORPORATION Type of firm: Individual Partnershi Corporation Address: 17791 Jamestown Lane, Huntinqton Beach, CA 92647 Name and titles of all officers of the firm: Marqaret R. Pappano - President & CEO Frank J. Pappano - Senior Vice President Pablo C. Pappano - Vice President Number of years as a cleaning service company: 25 Years Additional services/prices your organization is qualified to provide: Note: If requested by the City, the offeror shall furnish a notarized financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial conditions. ATTACHMENT F OFFEROR'S REFERENCES THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the last three contracts performed by your firm which demonstrate your ability to provide the services, supplies or equipment included with the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: City of Santa Ana Contact Individual: Gaby Lomeli Address: 20 Civic Center Plaza, M-25 Phone Number: 714.647.5479 Santa Ana, CA 92701 Facsimile Number: 714.647.6549 Contract Amount: $100,000.00 Year: 2006 to Present Description of services, supplies or equipment provided: Steam clean and pressure wash Downtown City of Santa Ana sidewalks. Steam clean, pressure wash, and power sweep Santa Ana Depot. Reference No. 2 City of Phoenix - Sky Harbor Joel Walters International Airport City of Phoenix Customer Name: & Ace Parking Contact Individual: 602.237.2071 Shane Henning Sky Harbor International Ace Parking Address: Airport Phone Number: 602.237.2071 Phoenix, AZ Facsimile Number: 602.392.0149 Contract Amount: $850,000.00 Year: 2001 to Present Description of ser vices, supplies or equipment provided: Power Sweep , Steam Cleaning & Pressure Washing, and Custodial / Dayporter Duties for Phoenix Sky H arbor International Airport Reference No. 3 Customer Name: The Irvine Company Contact Individual: Kris Kopensky Address: 4370 La Jolla Village Dr., #660 Phone Number: 858.658.7707 San Diego, Ca 92122 Facsimile Number: 858.658.7710 Contract Amount: $1,150,000.00 Year: 2005 - Present Description of services, supplies or equipment provided: Power Sweep, Steam Clean & Pressure Wash and perform Custodial / Dayporter duties for The Irvine Company - Orange, Los Angeles, and San Diego Counties. II1SC INSCO INSURANCE SERVICES, INC. %1co Underwriting Manager for: ?Mp Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 Bond No.: Bid Bond BID BOND KNOW ALL MEN BY THESE PRESENTS, that we TSCM CORPORATION as Principal, and INDEMNITY COMPANY OF CALIFORNIA a corporation duly organized under the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF SANTA ANA- COMMUNITY DEVELOPMENT AGENCY as Obligee, in the sum of ***NOT TO EXCEED 10% OF BID AMOUNT*** for payment of which sum well and truly to be made, Principal and Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CITY OF SANTA ANA - COMMUNITY DEVELOPMENT AGENCY-- STEAM CLEANING AND PRESSURE WASHING SIDEWALKS AND PARKING LOTS 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 this 19TH day of NOVEMBER , 20 10 PRINCIVAL: TSCM CORPORATION SURETY: IWD1EMNrr OF CALIFORNIA Attorney-in-Fact ID-1118 (REV. 1/01) CONFORMS TO AIA DOCUMENT A310 2/70 ED. 5 GOWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint ?**Julie Miraglia, Jim Waterhouse, Carol Wolfe, Pam B.ugland, Jim Legaux, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive.Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By, ANY Young, Vice-President 4. / a ?? f r'p <e pO ?.Z n By: ZE3 z 10 n: OCT.5 O a.; i93f o' W 1957 Stephen T. Pate, Senior Vice-President > A. O /0%q0' A IFO State of California County of Orange On August 13th, 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the.within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized JENNYI T I4t3UYk1'1 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. comm. # 1791" INOTARYPUBLIO CALMM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE GOIR11Y true and correct. My ?tmm, ex?irea ? ?,: WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT Ng n, VAtary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of By: /se f < - zze::?4 regg Okur , istant Secretary ID-1380(Rev.11/09) TSCM CORPORATION An Environmentally Sensitive Service Corporation 17791 Jamestown Lane Huntington Beach, CA 92647 714.841.1988 714.841.3222 tax www.tscmcorp.com Contractors License # 934760 CLEANING WITH ENVIRONMENTAL SENSITIVITY AND RESPONSIBILITY Here at TSCM, we are committed to providing the highest level of quality in our services while complying and surpassing the highest environmental regulations. All drains and easements are boomed and sand bagged to prevent run-off into the storm drains and sanitary sewer system. Water recovery is performed and all water is recycled until the cleaning process is completed. A video presentation of the entire procedure can be viewed at www.tscmcorp.com and then proceed to the media button to view the video. The oil and other solid waste products of the cleaning process are separated and placed in proper containers for transport and treatment. TSCM contracts with Infinity Environmental, a certified waste management hauler for the transportation and treatment of the waste material generated. The property owner is considered the generator and is provided with a uniform hazardous waste manifest by the hauler, if necessary, and the waste facility will provide the property owner with a certificate of recycling and treatment. All waste will be managed according to California Title 22 and CFR 49 for the disposal and treatment of both hazardous and non-hazardous waste (all Federal, State and Local EPA standards). METHODS OF REPORTING TSCM understands the value of communication and reporting to each and every one of our clients. • Our clients receive immediate email correspondence with pictures to illustrate the progress of the project, areas cleaned and/or incidents that may have occurred during the work shift (An example of the weekly Santa Ana sidewalk cleaning reap and email follow up is attached). Additionally, the use of digital photography and video has become a trademark of our company. Before and after photos give the client an accurate impression of what was completed and the condition of the area before cleaning. (Attached are sample before and after photographs from various locations in downtown Santa Ana). • Every client is assigned a dedicated account manager to follow up with quality concerns. This includes spot audits of our services to gauge the overall quality and to observe any issue that may need attention. TSCM CORPORATION An Environmentally Sensitive Service Corporation 17791 Jamestown Lane Huntington Beach, CA 92647 714.841.1988 714.841.3222 fax www.tscmcorp.com Contractors License # 934760 TSCM COMPANY HISTORY Margaret and Frank Pappano founded TSCM CORPORATION, a California Corporation, in 1986. The original company was named "The Steam Clean Machine", a company specializing in expert customer service in the Property Maintenance Industry. Today, TSCM has operations in California and Arizona, and services properties from Sacramento to San Diego, while employing over eighty people. TSCM is Caltrans certified as a DBE, MBE, and WBE business. TSCM is a member of BOMA and IREM. TSCM provides a complete range of Property Maintenance Services, including, (1) Power Sweeping, (2) Power Washing (3) Steam Cleaning (4) Custodial Services (5) Parking Lot Striping (6) Curb Painting (7) Asphalt repair and (8) Slurry Seal. TSCM's core philosophy and priorities are based on customer satisfaction and quality control. TSCM utilizes state of the art equipment, which is environmentally sensitive and cleans with responsibility that exceeds federal, state, and local regulations and requirements. MARGARET PAPPANO PRESIDENT, CEO, & FOUNDER As President of TSCM, Margaret oversees the office administration including all financial, human resources and marketing functions. Ms. Pappano has a Bachelor of Arts Degree from the University of Texas and was one of the Top 20 Female Executives in Orange County by the Orange County Business Journal. FRANK PAPPANO SENIOR VICE PRESIDENT & FOUNDER As Senior Vice President of Sales and Operations, Frank oversees the TSCM service operations, sales force and the entire contract and bid proposal process. Frank has over 30 years of experience in sales and management in the Industry. He also has a C32 contractor's license for seal coating & striping and is well versed in all forms of exterior maintenance which includes: asphalt seal coating, asphalt repairs, line striping, curb painting, steam cleaning, and power sweeping. Frank has a Bachelor of Science Degree from St. Joseph's University, Philadelphia and a Masters Degree in Chemistry from University of California. PABLO PAPPANO VICE PRESIDENT OF OPERATIONS Pablo has been with TSCM for 10 years. Pablo oversees all company operations in California and Arizona. Pablo had modernized the TSCM website and use of operational videos. On Mondays, he conducts quality control checks for all work completed during the weekend. Pablo has improved quality, productivity, and overall performance via his video presentations on operations, procedures, and safety in the workplace. He has a Bachelor of Arts Degree from Loyola Marymount University where he graduated with Magna Cum Laude honors. Pablo has C61 / D38 contractors' state license for sand and water blasting. TSCM CORPORATION 17791 Jamestown Lane Huntington Beach, CA 92647 714.841.1988 An Environmentally Sensitive Service Corporation 714.841.3222 fax www.tscmcorD.com Contractors license # 934760 DANIEL MANZO SENIOR DIRECTOR OF OPERATIONS Daniel has been with TSCM for 18 years and oversees all of our divisions in California. He is responsible for the scheduling and quality of our services. Daniel and Carlos are responsible for all training, hiring and operational aspects of the business. Daniel conducts meetings and works directly with personnel he supervises. CARLOS MENDEZ: ALREADY A FABRIC OF SANTA ANA DIRECTOR OF OPERATIONS Carlos is a former Santa Ana Parking Manager. He served there from 2005 to 2007. He was responsible for the Downtown parking revenue and coordinating maintenance in the parking structures. He also participated actively in community development projects and event planning. Carlos' engagement with the community helped change the business perception of Downtown Santa Ana. He developed strategic alliances with merchants, vendors, city officials, and community members. His involvement in event coordination, such as Cinco de Mayo and Fiestas Patrias yielded profitable results and paved the way for a friendlier atmosphere. Carlos' familiarity with the area has been of great value to our company. He has helped TSCM gain an even better understanding of the City's needs and expectations. He has maintained communications with all of his city and business contacts, such as Jesse Alvidrez, Gabriela Lomeli, Frank Hernandez, Carolyn Fullerton, and Danell Mercado. Carlos joined TSCM a year ago and seamlessly began overseeing the contract. We feel that having his expertise is an added value in working with Downtown Incorporated in meeting and exceeding the established goals with the City of Santa Ana. TSCM'S HISTORY WITH SANTA ANA The presence of TSCM in Santa Ana dates back to 1988 as the initial company awarded the steam clean / pressure washing services of the Downtown sidewalks. Our company also provided a custodian that cared for the parking garages between] 990-2002. During various times between 1988 to the present we provided sweeping, steam cleaning, pressure washing, and custodial services to the Downtown Garages, sidewalks and the Santa Ana Depot TSCM has provided steam cleaning, pressure washing (city sidewalks, and The Depot) and power sweeping services (The Depot) for the City of Santa Ana since 2004. We have worked closely with city officials during the course of our contracts. We have become very familiar with the expectations of the city and local merchants. Over the course of our history we have had to change the scope of our work based upon the needs of the city. This has exposed us to various areas and events (Fiestas Patrias, Cinco De Mayo etc.) throughout the city and allows us to accurately bid this project. TSCM CORPORATION An Environmentally Sensitive Service Corporation 17791 Jamestown Lane Huntington Beach, CA 92647 714.841.1988 714.841.3222 fax www.tscmcorp.com Contractors License # 934760 PRESENT FINANCIAL CONDITION TSCM continues to grow and expand in spite of the economic downturn. We grew at a rate of 6% for 2009, which is 25 continuous years without a negative growth year. We added employees, reduced costs, and maintained quality. Our financials are available upon request. EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company. This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") 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 named 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 insureds. 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 insureds, 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 (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative ACoRff CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/30/2010 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 Spectrum Risk Management CONTACT NAME: 74 Discovery PHONE • 949-756-5730 EAX A/c No : 949-756-5740 Irvine, CA 92618 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC 9 wvvw.spectrumrisk.com OC77485 INSURERA: Mt. Hawley Insurance Co. INSURED TSCM Corp INSURER B: American Economy Ins Co 17791 Jamestown Lane Hunti t B h CA 92647 INSURER C : St. Paul Fire & Marine Ins Co ng on eac INSURER D : Everest National Insurance Co. INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: AISCI.137 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL IN R SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY MGLO172984 1/1/2011 1/1/2012 EACH OCCURRENCE Is 2,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 CLAIMS-MADE a OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1,000,000 POLICY F/ PRO LOC $ B AUT OMOBILE LIABILITY 02CE20555220 1/1/2011 1/1/2012 Ee aBINEDISINGLE LIMIT $ 1,000.00 0 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERDAMAGE per accident) $ $ C UMBRELLA LIAB y/ OCCUR QK04501017 1/1/2011 11112012 EACH OCCURRENCE $ 4,000,00 0 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4 000 000 DEO 1/ RETENTION $10 000 , , , $ D WORKERS COMPENSATION CA10000979101 7/1/2010 7/112011 C STATU- O7H- W AND EMPLOYERS' LIABILITY Y I N ORY LIMITS ER T ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA t 't2?? E.L. EACH ACCIDENT $ 1,000,000 (Mandator; If es describe under Ito a ? SC ®_bb?? EL. DISEASE - EA EMPLO?i Ec $ ,000 1,000 y , DESCRIP 1 TION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $ 1,000,000 A& / U?l R K DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Re -dM If ore spacR { ®Fj Re: Parking lot sweeping services. %Ske The Cit its ff t l p y o icers, agen s, emp oyees are named additional insureds with rese ect to the general liability and auto liability per the attached blanket carrier forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Community Development Agency ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Carolyn Fullerton 20 Civic Center Plaza M-25 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 Jim Waterhouse ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERT NO.; 9159337 CLIENT CODE: Ginnie Ginnie Clarke 12/30/2010 2:41:54 PM P:.ge 1 of 9 w' TSCM Corp nSLi n e 02CE20555220 COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of. the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO - PHYSICAL DAMAGE COVERAGE Under paragraph C. - CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 - COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION 11 - LIABILITY. COVERAGE - A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage BLANKET ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE - A.I. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an "insured", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. (3) There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide ins??1 for such claim or "suit". ?c 10 under this provision is afforded only until the end ®-?J.?'D N'U- of the policy period. SP B't Pk orrey Includes copyrighted material of Insurance Services Off' nc., wlission. Copyright, Insurance Services Office, Inc., 19W CA 71 10 03 07 Safeco and the Safeco logo are registered trademarks of Safeco Corporation Page 1 of 6 EP CERT NO.: 9159337 CLIENT CODE: Ginnie Ginnie Clarke 12/30/2010 2:41:54 PM Page 3 of 9 4 c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 Ibs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. Actual cash value of the damaged or stolen property as of the time of the "loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. a. If the applicable Business Auto deduct- ibl61§,;,1he -smaller (or smallest) deduct- ible it will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance.Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas g. American States Preferred Insurance Company h. Safeco Insurance Company of Illinois LOAN/LEASE GAP COVERAGE Under paragraph C - LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" in any one "accident" is the greater of the following, subject to a $1,500 maximum limit: (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a "Balloon Loan". (6) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR - WAIVER OF DEDUCTIBLE Under paragraph D. - DEDUCTIBLE of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CO l l,PR l"Inu stFbWyes of an CA 71 10 03 07 Page 3 of 6 EP CERT NO.: 9159337 CLIENT CODE: Ginnie Ginnie Clarke 12/30/2010 2:41:54 PM Page 5 of 9 LISA'. STORCK Assistant City Attorne" Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely'operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.I. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other .property of like kind and, quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered ,?MbAvEo},?ligAt ?p r_f epair, CA 71 10 03 07 Page 5 of 6 CERT NO.: 9159337 CLIENT'CODE: Ginnie Ginnie Clarke 12/30/2010 2:41:54 PM Page 7 0.`. 9 LISA E. STORCK EP Assistant City Attorney 41 T r' MGLO172984 THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMTMCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nance of Person or Organization: All person or organizations where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section Il) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract,. this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additional insureds will be non- contributory. Section IV., Condition 4., of this policy is amended accordingly All other Terms and Conditions of this Policy remain unchanged. CGL 216 (04198) Page 1 of 1 AppRC)VED AS Tp F0111A r LISA S? ORCK Assistant City Attorney 91? 12/30/2010 CERT NO.: 9159337 CLIENT CODE: Ginnie Ginnie Clarke 12/30/2010 2:91:59 PM Page 9 of 4