Nationwide Environmental Services Division of Joe's Sweeping Inc (2013) Second Amendment to Agreement between
the City of Rancho Palos Verdes and Nationwide
Environmental Services Div. of Joe's Sweeping, Inc.
This agreement is the second amendment ("Second Amendment") to the street
sweeping services agreement between the City of Rancho Palos Verdes ("City") and
Nationwide Environmental Services Div. of Joe's Sweeping, Inc. ("Contractor"), dated May
19, 2009 ("Agreement"). The first amendment, which was effective July 1,2012, extended
the term of the Agreement for one year. This Second Amendment is effective as of July 1,
2013, and is being made to extend the term of the Agreement for one year more year.
Section 1. Section 1a of the Agreement is hereby amended to read as follows:
"Term of Contract. This Agreement shall commence on July 1, 2009 and shall
terminate on June 30, 2014, unless sooner terminated pursuant to Section 5 of this
Agreement. Additionally, there is one(1)one-year option to renew the Agreement for fiscal
year 2014-2015 with the mutual written consent of both parties."
Section 2. Section 2 of the Agreement is hereby amended to read as follows:
"Compensation. In consideration of the services rendered hereunder, City shall pay
Contractor a not to exceed amount of one hundred and seventy thousand dollars
($170,000.00)each fiscal year in accordance with the prices reflected on the Bid Sheet of
the Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this
reference."
Section 3. Section 9(1)of the Agreement is hereby amended to read as follows:
"All insurance policies shall provide that the insurance coverage shall not be
cancelled or modified (except through addition of additional insured to the policy) by the
insurance carrier without the insurance carrier giving the City thirty(30) days prior written
notice thereof. Additionally, Contractor shall provide notice to the City within three
business days if it receives a cancellation or policy revision notice from the insurer.
Contractor agrees that it will not cancel, reduce or otherwise modify said insurance
coverage."
Section 4. Section 9(3)of the Agreement is hereby amended to read as follows:
The Contractor shall submit to the City: (1)copies of the entire insurance policy for
all required insurance; (2) insurance certificates indicating compliance with the minimum
workers' compensation insurance requirements above, and (3) insurance policy
endorsements above, not less than one (1) day prior to beginning of performance under
this Agreement. Endorsements must be executed on the City's appropriate standard forms
titled "Additional Insured Endorsement," copies of which are attached hereto.
R6876-0001\1542106v1.doc
Section 5. Section 10 of the Agreement is hereby added to read as follows:
"Notice. Except as otherwise required by law, any payment, notice or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a)the day of delivery if delivered by hand or overnight courier service
during City's regular business hours or(b)on the third business day following deposit in the
United States mail, postage prepaid, to the addresses listed below, or at such other
address as one party may notify the other:
To CITY:
Les M. Jones II, Interim Public Works Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
Never Samuelian
Nationwide Environmental Services Div. of Joe's Sweeping, Inc.
11914 Frpnt Street
Norwalk , CA 90650
Section 6. The Attachment titled "Indemnification and Hold Harmless Agreement
and Waiver of Subrogation and Contribution" is hereby amended to read as stated in
Exhibit B, which is attached hereto and incorporated herein by this reference.
Section 7. Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement shall remain in full force and effect as written in
the Agreement.
[Signatures on next page.]
R6876-0001\1542106v1.doc
A
1 ~
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date and year written below.
Dated: April D , 2013 NATIONWIDE ENVIRONMENTAL
SERVI - " ` DIV. OOE'S SWEEP
INC. 'Contactor")
By: , -41 . . A Al A I?
Printed Name: Ani Samuelian
Title: Vice President
By: TIC-4y
Printed Name: Suzy Samuelian
Title: Corporate secretary
CITY OF RANCHO PALOS VERDES
("City")
By.
Ma ott.ecrzi54----
ATTEST:
By: 1
/ /Ai 1, // A9A
City Clerk
R6876-0001\1542106v1.doc
Exhibit A: Bid Sheet of the Proposal
R6876-0001\1542106v 1.d oc
CITY OF RANCHO PALOS VERDES
BID SHEET
NAME OF COMPANY: Nationwide Environm-n -1 ervi - •iv. of •-' . --•'i
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees to enter into a contract to
furnish all labor, materials, equipment and supplies for the project identified as STREET SWEEPING
SERVICES FISCAL YEAR 290h10-2010/11.2Q11/12 in accordance with the specifications and plans in
the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho
Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following
prices:
«BID SCHEDULE
ITEM Monthly cost for frequency
NO. Description of Service Provided of service Annual Cost
Sweep Residential Streets once per $ 6,200.00/mo. 74,400.00
1. month. $ /yr.
Sweep Non-Residential Streets $ 1,800.0Cymo. 21,600.00
$ / .
2. twice per month. Y
Sweep Hawthorne Blvd.twice per $ 600.00{mo.
3. month $7200.00/yr
Sweep Western Ave.weeekb $ 6QQrSQ4 3'
4. 1 $7 X200 00/yr.
•
Sweep Parking Lots and Scenic $ 7Q0 OQ/am
5. 52,400.00/yr
Turnout twice per month
6. Annual NPDES Sweep
o /y,r
—Bus Stop/Shelter Cleaning $.122,50/Weakly .1870 00
7.
Annual Total: :139 320 '0
Extra Sweeping—Emergency for $ -
'f05.06 iar
8. Residential Street(two-hour
response time)
Extra Sweeping—Non-Emergency $ 85.00
9. for Residential Street(the next
business day) �- �---
Extra Sweeping—Emergency for $ 105.00/
br
10. Non-Residential Street(two-hour
response time)
Extra Sweeping—Non-Emergency $ 85.00/hr
1 for Non-Residential Street(the next
business da )
Extra Sweeping—Emergency for $ 85.00/hr
12.
Parking Lots and Scenic Turnouts
two-hour response time
3 Extra Sweeping—Non-Emergency $ 65.00/hr
for Parking Lots and Scenic.
Turnouts(the next business day)
TOTAL BID AMOUNT IN WORDS
One Hundred Thirty Nine Thousand Three Hundred Twenty Dollars and No Cents
Exhibit B: Indemnification and Hold Harmless Agreement and
Waiver of Subrogation and Contribution
Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend,
indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents,
and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees") free and harmless from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands,obligations, damages, actions, causes of action, suits, losses,judgments,fines,
penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any
manner arising out of or incident to the performance of the Agreement, including without
limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and
other related costs and expenses(individually,a"Claim,"or collectively,"Claims"). Further,
Contractor shall appoint competent defense counsel approved by the City Attorney at
Contractor's own cost, expense and risk, to defend any and all such Claims that may be
brought or Instituted against Indemnitees. Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against Indemnitees in any such Claim. Contractor
shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether
any insurance policies are applicable.
Civil Code Exception. Nothing in the paragraph above this one shall be construed to
encompass Indemnitees' sole negligence or willful misconduct or the City's active
negligence to the limited extent that the underlying Agreement is subject to Civil Code
Section 2782.
Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may
possess against Contractor because the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement.
Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees,while acting
within the scope of their duties, from all Claims arising out of or incident to the activities or
operations performed by or on behalf of the Contractor.
Survival.The provisions of this Indemnification and Hold Harmless Agreement and Waiver
of Subrogation and Contribution shall survive the termination of this Agreement and are in
addition to any other rights or remedies that Indemnitees may have under the law.
Payment is not required as a condition precedent to an Indemnitee's right to recover under
this indemnity provision, and an entry of judgment against a Contractor shall be conclusive
in favor of the Indemnitee's right to recover under this indemnity provision.
R6876-0001\1542106v1.doc
Attachment 4
SURVEY
NAME FREQUENCY CURB MILE
RATE
South Whittier Weekly $30.60
Lawndale Weekly $32.29
Rolling Hills Estates Twice a Month $22.90
Rancho Palos Verdes Once a Month $24.80
Garden Grove Twice a Month $33.80