RPVCCA_CC_SR_2013_04_02_H_2nd_Amdmt_Street_Sweeping_Services_AgreementCITY OF
MEMORANDUM
4o RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
LES M.JONES II,INTERIM DIRECTOR OF PU~
WORKS ~C)
April 2,2013
APPROVE THE SECOND AMENDMENT TO
AGREEMENT WITH NATIONWIDE ENVIRONMENTAL
SERVICES A DIVISION OF JOE'S SWEEPING INC.,FOR
STREET SWEEPING SERVICES.(In Support of 2013
City Council Goal #5:Review Existing Contractsl
Consultants).
CAROLYN LEHR,CITY MANAGE~~<:.,L
Emilio Blanco,Maintenance Superintendent .as '"
RECOMMENDATION
1.Approve the second amendment to the agreement with Nationwide
Environmental Services a Division of Joe's Sweeping Inc.for Street Sweeping
Services at the annual rate of up to $170,000,extending the term for one fiscal
year effective from July 1,2013,to June 30,2014.
2.Authorize the Mayor and City Clerk to execute the second amendment to the
agreement with Nationwide Environmental Services a Div.of Joe's Sweeping Inc.,
for Street Sweeping Services.
BACKGROUND
On May 19,2009,the City Council awarded a contract to Nationwide Environmental
Services for the City's street sweeping services.The contract had an initial term of three
years with three (3)one year optional extensions.On May 15,2012 the City Council
approved a first amendment to the agreement,extending the agreement for the first
additional year.
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DISCUSSION
Based on Staff analysis and Nationwide Environmental Services street sweeping prices
(Attachment 4),satisfactory performance in terms of quality of work,timely performance
and their ability to provide additional sweeping services on short notice,staff
recommends extending the term of the agreement for one more year.
Originally,the contract was executed in the amount not to exceed one hundred and
sixty-one thousand,nine hundred dollars ($161,900)annually with yearly PPI increases.
Staff now requests that the contract be for a not to exceed amount of one hundred and
seventy thousand dollars ($170,000)annually.
Additionally,this Second Amendment amends the insurance and indemnity provisions
in the original contract.While the amendment does not change required insurance
amounts,it requires the full insurance policy to be submitted to the City rather than just
endorsements and for the Contractor to provide immediate notice to the City if it
receives a cancellation or policy revision notice from the insurer.Also,the new
indemnity provision amendments incorporate changes to State law.
CONCLUSION
Approve the Second Amendment to the agreement for street sweeping services while
staff evaluates additional sweeping days,GIS tracking,and 100%debris recycling.Staff
will continue to update specifications with the most recent technical and safety
regulations for fiscal year 2013-2014.
The Second Amendment to Nationwide Environmental a Division of Joe's Sweeping
Inc.,for Street Sweeping Services extends the original agreement for one fiscal-year
beginning july 1,2013 to June 30,2014.Staff requests the Council's approval and the
Mayor's execution of this one fiscal year second amendment agreement.
FISCAL IMPACT
The proposed fiscal year 2013-2014 street sweeping budgeted expenditure is included
in the scheduled budget that is to be adopted by the City Council later this year.The
funding source for this contract is Street Maintenance-Non Pavement Budget Program.
Attachments:
•Attachment 1:The Original Agreement
•Attachment 2:The First Amendment to Nationwide Environmental Services a
Division of Joe's Sweeping Inc.,for Street Sweeping Services.
•Attachment 3:The Second Amendment to Nationwide Environmental Services a
Division of Joe's Sweeping Inc.,for Street Sweeping Services.
•Attachment 4:Price Comparison for Street Sweeping Services
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.,...,
Attachment 1
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12
THIS AGREEMENT is made and entered this Nineteenth day of May,200.2..,by and between the CITY
OF RANCHO PALOS VERDES,hereinafter referred to as "City"and NATIONWIDE ENVIRONMENTAL
SERVICES DIY.OF JOE'S SWEEPING,INC"hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS,Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by
this reference,and
WHEREAS,City desires to contract with Contractor to perform the services detailed in this contract,including
the Proposal,and
WHEREAS,Contractor ~as represented that it is fully qualified to assume and discharge such responsibility;
NOW,THEREFORE,the parties hereto do agree as follows:
1.Scope of Services,City hereby employs Contractor to perform the work and provide the services and
materials for the project identified as:STREET SWEEPING SERVICES FISCAL YEAR
2009110-2010/11-2011/12 as described in these Plans and Specifications,attached hereto and
incorporated herein by this reference,including miscellaneous appurtenant work.Such work shall be
performed in a good and workmanlike manner,under the terms as stated herein and in these Plans and
Specifications,and in accordance with the latest edition ofthe Joint Cooperative Committee,Southern
California Chapters of the American Public Works Association and the Associated General
Contractors of America,document entitled "Standard Specifications."In the event of any conflict
between the terms of this agreement and any of the above-referenced documents,the terms of this
agreement shall be controlling,
1a.Term:The contract shall commence on July 1,2009 and shall continue in full force and effect
through and including June 30,2012 unless earlier termination as provided in Section 5 herein,
The contract may be extended to three (3)additional one year terms by mutual consent of both
parties.
2.Compensation.In consideration of the services rendered hereunder,Contractor shall be paid
according to the prices as submitted on the Bid Sheet ofthe Proposal,attached hereto as a part ofthese
Plans and Specifications and,in accordance with the Special Provisions.
3.Independent Contractor.It is specifically understood and agreed by all parties hereto that Contractor
is,for the purposes of this Agreement,an independent contractor and not an employee of the City.
Accordingly,Contractor shall not be deemed the City's employee for any purpose whatsoever.
Contractor shall not incur or have the power to incur any debt,obligation or liability whatever for or
against City..
4.Assignment.This agreement may not be assigned by Contractor,in whole or in part,without the prior
written consent of City.
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5.Tennination.This Agreement may be canceled by City at any time without penalty upon thirty-(30)
days'written notice.In the event of tennination without fault of Contractor,the City shall pay
Contractor for all services rendered'prior to date of tennination,and such payment shall be in full
satisfaction of all services rendered hereunder.
6.Workers'Compensation Insurance.California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees.In accordance
with the provisions ofCalifornia Labor Code Section 1861,the Contractor hereby certifies as follows:
"I am aware ofthe provisions of Section 3700 ofthe Labor
Code which require every employer to be insured against
liability for workers'compensation or to under take se1f-
insurance in accordance with the provisions of that code,
and I will comply with such provisions before commencing
the performance ofthe work of this contract."..
7.Dis.pute Resolution.This contract is subject to the provision of Article 1.5 (commencing at Section
20104)ofDivision 2,Part 3 ofthe California Public Contract Code regarding the resolution ofpublic
works claims ofless than $375,000.Article 1.5 mandates certain procedures for the filing of claims
and supporting ,documentation by the contractor,for the response to such claims by the contracting
public agency,for a mandatory meet and confer conference upon the request of the contractor,for
mandatory non-binding mediation in the event oflitigation is commenced,and for mandatoryjudicial
arbitration upon the failure to resolve the dispute through mediation.This contract hereby
incorporates the provisions of Article 1.5 as though fully set forth herein.
8.Suit:Recovery ofAttorney Fees &Costs.Should either party bring any action to protect or enforce its
rights hereunder,the prevailing party in such action shall be entitled to recover,in additionto all other
relief,its reasonable attorney fees and court costs.
9.Insurance Requirements.The Contractor shall at all times,during the term of this contract,carry,
maintain and keep in full force and effect,a policy or policies of(1)general liability insurance with an
insurance company admitted to write insurance in California,or carriers with a rating of,or equivalent
to,A:VII by A.M.~est &Company to,and approved by,the Director of Public Works and City
Attorney,within minimum limits of One Million Dollars ($1,000,000.00)combined single limit
coverage with an aggregate ofTwo Million Dollars ($2,000,000.00)against any injury,death,loss or
damage as a result of wrongful or negligent acts or omissions by the Contractor,its officers,
employees,agents,and independent contractors in performance ofservices under this Agreement;(2)
automotive liability insurance with a minimum combined single limits coverage of One Million
Dollars ($1,000,000.00)with an aggregate ofTwo Million Dollars ($2,000,000.00);and (3)worker's
compensation insurance as required by law.The Contractor shall at all times during the term of this
contract carry,maintain and keep in full force and effect a policy or policies of Workers'
Compensation insurance and 'shall provide to the City evidence ofsuch coverage in the fonn set forth
herein.The City,its officers,employees,attorneys,and volunteers shall be named as additional
insured on the policy (ies)as to comprehensive general liability,property damage,and worker's
compensation coverages.
1.All insurance policies shall provide that the insurance coverage shall not be non-renewed,canceled,
reduced,or otherwise modified (except through addition ofadditional insured to the policy)by the
insurance carrier without the insurance carrier giving the City thirty (30)day's prior written notice
thereof.The Contractor agrees that it will not cancel,reduce or otherwise modify said insurance
coverage.
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2.The Contractor agrees that ifit does not keep the aforesaid insurance in full force and effect,and
such insurance is available at a reasonable cost,the City may take out the necessary insurance and
pay the premium thereon,and the repayment thereof shall be deemed an obligation of the
Contractor and the cost of such insurance may be deducted,at the option of the City,from
payments due the Contractor.
3.The Contractor shall submit to the City (1)insurance certificates indicating compliance with the
minimum worker's compensation insurance requirements above,and (2)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 entitled
"Additional Insured Endorsement,"copies of which are attached hereto.
4.Upon the request ofthe Director ofPublic Works,or his authorized representative,the Contractor
shall provide written notice to the Director of Public Works indicating all litigation and claims
(past,current,or anticipated)between the Contractor and any claimants that may affect the
.aggregate insurance coverage.
10.Licensed in accordance with the City of Rancho Palos Verdes:
License No.09 O()Oa '32'74 Date Issued:_-=2.;;.,..o/....:..I1d~O---'q'---_
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above
written.
~_B~L-:MX~Mayor
ATIEST:t -AA .'
By:cM.-7Jt~
City Clerk
CONTRACTOR:
By:"?14tfkd _~..1
Never Samuel ian
Printed Name
May 29,2009
Date
3
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ATTEST:
By:_
City Clerk
CITY OF RANCHO PALOS VERDES
("City")
By:_
Mayor
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Attachment 2
First Amendment to Agreement between
The City of Rancho Palos Verdes and
Nationwide Environmental Services div.of Joe's Sweeping,Inc.
This agreement is the first amendment ("Amendment")to the Street Sweeping
Maintenance Services between the City of Rancho Palos Verdes ("City")and Nationwide
Environmental Services a Division of Joe's Sweeping,Inc.("Contractor"),dated May 19,
2009 ("Agreement").This Amendment is effective as of July 1,2012 and is being made to
extend the term of the Agreement for one year.
Section 1.Section 1a of Agreement is hereby amended to read as follows:
"T~is Agreement shall commence on July 1,2012 and shall expire on June 30,
2013,unless sooner terminated pursuant to Section 5 of this Agreement.Additionally,
there are two (2)one-year options to renew the Agreement for FY 2013-2014 and 2014-
2015 with the mutual written consent of both parties."
Section 2.Except as expressly amended by this Amendment,all other
provisions of the Agreement shall remain in full force and effect as written in the
Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of
the date and year first above written.
Dated:_NATIONWIDE ENVIRONMENTAL
SERVICE A DIVISION OF JOE'S
SWEEPING,INC.("Contractor")
Signature:_
Printed Name:_
Title:_
Signature:_
Printed Name:_
Title:_
[Signatures continued on next page.]
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Attachment 3
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:
"Ter:m 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
Ag reement.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 \15421 06v1.doc
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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 Samuel ian
Nationwide Environmental Services Div.of Joe's Sweeping,Inc.
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
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IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of
the date and year written below.
Dated:April __,2013
ATTEST:
By:_
City Clerk
R6876-0001\1542106v1.doc
NATIONWIDE ENVIRONMENTAL
SERVICES DIV.OF JOE'S SWEEPING,
INC.("Contractor")
By:_
Printed Name:--------
Title:_
By:_
Printed Name:--------
Title:_
CITY OF RANCHO PALOS VERDES
("City")
By:--------
Mayor
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R6876-0001 \15421 06v1.doc
Exhibit A:Bid Sheet of the Proposal
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CITY OF RANCHO PALOS VERDES
BID SHEET
NAME OF COMPANY:Nationwide Environmental SeNices div.of Joe's Sweeping,Inc,
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees Lo enter into a contract to
furnish all labor,materials,equipment and supplies for the project identified as STREET SWEEPING
SERVICES FISCAL YEAR 2009/10.2010/11.2911/12 in accordance with the specifications and plans in
the Contract Documents which are on file in the office of the Director of Public Works ofthe City ofRancho
Palos Verdes,to the satisfaction and under the direction of the Director of Public Works at the following
prices:
«BID SCHEDULE »
ITEM
NO.
J.
2.
Description of Service Provided
Sweep Residential Streets once per
month.
Sweep Non-Residential Streets
twice per month,
Monthly cost for frequency
of service
$6,200.00/mo.
$1,800.0Chno.
Annual Cost
74,400.00
$Iyr.
21,600.00
$Iyr.
3.
Sweep Hawthorne Blvd.twice per
month
Sweep Western Ave.weekly
4.
5.Sweep Parking Lots and Scenic
Turnout twice per month
6.Annual NPDES Sweep
7.Bus Stop/Shelter Cleaning
Annual Total:
8.
Extra Sweeping -Emergency for
Residential Street (two-hour
response time)
9.
Extra Sweeping -Non-Emergency
for Residential Street (the next
business day)
10.
Extra Sweeping -Emergency for
Non-Residential Street (two-hour
resnonse time)
$6QO.00/mo.
$600.00/weekly.
$70000/mo.
$1,:;22 so/weekly.
$105.001br
$85.001br
$105.001br
$7,200,00/yr
$7,200.00/yr.
$8,400.00/yr
t2 •.250.:00/vr
.18,270.00
$Ivr
139,320.00
$Iyr
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1I.Extra Sweeping -Non-Emergency $85.00 Ihr
for Non-Residential Street (the next
business day)
12.Extra Sweeping -Emergency for $85.001hr
Parking Lots and Scenic Turnouts
(two-hour response time)
13.Extra Sweeping -Non-Emergency $65.001hr
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
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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
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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
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