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RPVCCA_CC_SR_2014_07_29_E_Joes_Sweeping_IncCITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR & CITY COUNCIL MEMBERS MICHAEL THRONE, P.E., DIRECTOR OF PUBLIC WORKS~ JULY 29, 2014 AWARD CONTRACT TO JOE'S SWEEPING, INC. FOR STREET SWEEPING SERVICES (In Support of 2014 City Council Goal #5: Government Efficiency, Fiscal Control and Transparency) CAROLYNN PETRU, ACTING CITY MANAGER© Chris Ortiz, Maintenance Superintendent Cf!>' RECOMMENDATIONS 1. Approve the agreement for Joe's Sweeping, Inc. (dba Nationwide Environmental Services) for street sweeping services effective July 30, 2014 through June 30, 2015, for an amount not-to-exceed $239, 120. 2. Authorize the Mayor and City Clerk to execute the agreement with Joe's Sweeping, Inc., for street sweeping services for FY 14-15. BACKGROUND On May 19, 2009, the City Council awarded a contract to Joe's Sweeping, Inc., dba Nationwide Environmental Services ("NES") 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 the First Amendment to the agreement, extending the agreement for one year. On April 2, 2013, the City Council approved the Second Amendment to the agreement, extending the term of the agreement for an additional year through June 30, 2014. E-1 Award Street Sweeping Contract July 29, 2014 Page2 DISCUSSION NES has provided street sweeping services to the City for over 10 years. The residential roadways are currently swept monthly, while the non-residential roadways are swept bi- weekly (every-other week). To improve service levels to our residents, staff recommends an increase in the frequency of street sweeping services for all roadways to bi-weekly (every-other week) sweeping. Frequent street sweeping is a best management practice for pollution prevention by reducing sediment, brake dust metals, and overall debris in the roadway. The bi-weekly street sweeping will support the City's effort with meeting water quality Federal MS4 mandates. This will also match the street sweeping frequency of neighboring cities. Staff contacted NES to provide a cost proposal to increase the frequency of the street sweeping services on the residential and non-residential streets from once per month to bi- weekly (every-other week). The cost of the increased frequency of residential services would result in an additional $5,760 increase per month (about $69,000 annually) for sweeping. The current annual sweeping cost for the residential and non-residential streets is $170,000 a year, or approximately $14,200 a month. Therefore, this proposed total monthly price of approximately $19,900 (about $239,999 annually) is prudent and affordable. Additionally, NES has proposed to waive their FY 14-15 and FY 15-16's eligible cost increases, if the new contract is awarded. NES has also offered to freeze any Producer Price Index (PPI) until FY 16-17. This cost index freeze waiver would result in savings to the City in FY 14-15 and FY 15-16. However, the significant savings for the City is NES' offer to continue the bi-weekly (every-other week) sweeping for the low additional rate of $5,760 per month, as compared to the customary rate of $14,200 per month. If the contract is awarded, NES would be eligible for applicable rate adjustments based on the Producer Price Index (PPI), starting FY 16-17. The Second Amendment for FY 13-14 was executed in the amount not to exceed one hundred and seventy thousand dollars ($170,000) annually with yearly PPI increases. Staff's recommends approving a new agreement for FY 14-15, with four (4) one-year optional extensions with mutual consent based on the following factors: ./ Satisfactory performance in terms of quality of work and timely performance; ./ Competitive prices, and favorable rates and services compared to the neighboring cities; ,/ Use of alternative fuel vehicles and the latest environmentally friendly equipment; ./ Ability to provide additional sweeping services on short notice; and ./ Waiver of two years of future applicable rate adjustments In summary, staff recommends increasing the frequency of sweeping from monthly to bi- weekly (every-other week) for an annual amount not to exceed $239, 120 for the first two years, with no PPI increase for FY 14-15 and FY 15-16. All subsequent years may be eligible for PPI increases. E-2 Award Street Sweeping Contract July 29, 2014 Page3 The new agreement includes redefined scope of work, and updated bonding, insurances and · indemnification requirements (see attached). CONCLUSION The new agreement to Joe's Sweeping, Inc. will authorize street sweeping services for FY 14- 15, with four (4) annual optional extensions through FY 18-19. It also increases the frequency of residential and non-residential street sweeping from monthly to bi-weekly (every-other week) for a monthly cost increase of $5,760 (about $69,000 annually), with a total cost not to exceed $239, 120. Additionally, NES has offered to waive the contractual PPI rate adjustment for the first two years of service with approval of the new contract. Staff requests the Council's approval and the Mayor's execution of this agreement. FISCAL IMPACT The FY 14-15 Street Maintenance budget program is sufficient to cover the proposed increase of street sweeping services and the additional annual cost of about $69,000 ($239, 120 per the proposed agreement with NES less previous annual cost of $170,000). Attachments: Attachment 1 : Attachment 2: Attachment 3: Attachment 4: Nationwide Environmental Service a Division of Joe's Sweeping, Inc. Original Contract for Street Sweeping Services First Amendment to Nationwide Environmental Service a Division of ·Joe's Sweeping, Inc., for Street Sweeping Services. Second Amendment to Nationwide Environmental Services a Division of Joe's Sweeping Inc., for Street Sweeping Services. Agreement to Nationwide Environmental Services a Division of Joe's Sweeping Inc., for Street Sweeping Services for FY 14-15 (including scope of work) E-3 q ., • 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 ENVIRONMENT AL SERVICES DIV. OF JOE'S SWEEPING, INC., hereinafter referred to as "Contractor." WITNESS ETH: 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 has 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 2009/10-2010/11-2011/12 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 of the 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. la. 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 of the Proposal, attached hereto as a part of these 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. E-4 5. Termination. This Agreement may be canceled by City at any time without penalty upon thirty-(30) days' written notice. In the event of termination without fault of Contractor, the City shall pay Contractor for all services rendered prior to date of termination, 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 of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 7. Dispute Resolution. This contract is subject to the provision of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public 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 mandatory judicial 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 of Attorney 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 addition to 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. Best & 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 of Two 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 of services 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 of Two 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 of such coverage in the form 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. I. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through addition of additional 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. 2 E-5 • I I I 2. The Contractor agrees that if it 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 of the Director of Public 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. -~O~'J~0_0~0_0_3_2_1~4~----Date Issued: __ 2__,_/~1 "2-'--'{1--0_'f'------- IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITYBCHO ~~ES By: ~~ Mayor ATIEST: ~ By: City Clerk CONTRACTOR: By:~-~..1 Never Samueljan May 29, 2009 Printed Name Date 3 E-6 '• ' . '· _, . ' . EXECUTED IN DUPLICATE PREMIUM: $1,393.00 ANNUALLY . BOND EFFECTIVE: JULY 1, 2009 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"), has awarded to NATIONWIDE ENVIRONMENTAL SERVICES 11914 FRONT STREET, UNIT C, NORWALK, CA 90650 (Name and address of Contractor) ("Principal''), a contract (the "Contract") for the work described as follows: Bond No. 41173881 STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. _NOW, THEREFORE, we, the undersigned Principal, and PLATTE RIVER INSURANCE COMPANY 350 SANSOME STREET, SUITE 1000, SAN FRANCISCO, CA 94104-1315 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED THIRTY NINE THOUSAND THREE HUNDRED TWENTY AND 00/100************* Dollars ($ l 39 320,00 **************** ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrator~; suceessors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of t11e Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. · (: E-7 .-'---1-. .,-_.:_• _,_. __________ _ ,.....------------··-- IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: MAY 26 2009 "Principal" NATIONWIDE ENVIRONMENTAL SERVICES By: _____________ _ Its (Seal) APPROVED AS TO SURETY AND PRINCTP AL AMOUNT By: _____________ _ Insurance Administrator "Surety" PLATTE RIVER INSURANCE COMPANY Its PAUL BOUCHER, ATTORNEY-IN-FACT By: _____________ _ Its (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation By:-----------~-- Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and el'idence of the authority of any person signing as attorney-in-fact must be attached. E-8 o I ' ~ CALIFORNIA ALL-PURF--uSE ACKNOWLEDGMENT ~~~'§%~~~rn~~~'«-~~~~~"§ STATE OF CALIFORNIA C ty f LOS ANGELES } oun o _________________ _ On MAY 26, 2009 Date before me, __ H_EA_T_H_E_R_W_I_N_, _N~O-TA-R_Y_P_u_s_u_c_~-~~------ Here Insert Name and Title of the Officer personally appeared __ PA_U_L_B_o_u_c_H_E_R _______ --,........,...=----------------- Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s; whose name(s; is/9fe subscribed to the within instrument an.d a?knowled~ed to m.e that heils~o~t:iey executed the same in h1s/t:ier/tt:ietf'authonzed capac1ty(-iee-), and that by his/her/their signature(e7 on the instrument the person~. or the entity upon behalf of which the person(-91 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stat.e of California that the foregoing paragraph is true and correct. Witness my hand and o~~I ~I. Signature ~Li){; Signature of Notary Public ----------------------OPTIONAL---------------------- Though the information below is not required by law, it may prove valuable 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: NATIONWIDE PERFORMANCE & PAYMENT BOND 41173881 Document Date:_M_A_Y_26_,_2_0_09 ______________ Number of Pages: _______ _ ·1·: ' Signer(s) Other Than Named Above: __________ --'------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s)~: -------- 0 Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here %X;.~~~~·§?,R;~<~.'Q()Q<&'§:<:.~~~~~~~~~~~ © 2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 E-9 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY 41173883 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ----------------------------JANINA MONROE; LEONARD G FODEMSK!; PAUL BOUCHER; THOMAS MCCALL------------------ its true and lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ------------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $2,500,000.00--------------------------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the :nature thereof, one or more vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the Corporation; the signatur.e Of such officers and the seal of the Corporation may be affixed to such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile ·seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporf!te seal to be hereto affixed duly attested, this 1st day of January, 2007. Attest: David F. Pauly Chairman & CEO STATE OF WISCONSIN } s.s.: COUNTY OF DANE PLATTE RIVER INSURANCE COMPANY l:::E~:~ President On the 1st day of January, 2007 before me personally came James J. Mcintyre, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN } S.S.: COUNTY OF DANE CERTIFICATE Daniel W. Krueger Notary Public, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 2 6 TH day of ___ MA_Y ____ , 2 009 fl.4: L Alan S. Ogilvie Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. PR-POA (8-07) E-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of Ll.\S PoJ~R\.e~ On ¥\uV 1q 1 1Clf\ before me, >lf" Date personally appeared _,\\'"--\--, 0J=--'f2'--'{-----'""""'-'""-'--._._'-=->.__-'--'-~~~~----------- Place Notary Seal Above 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 hWshe/t~ executed the same in h,ls/her/t~r authorized capacity(i~, and that by h~her/tl)eir signature~) on the instrument the personOO, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of C ifornia that the foregoing paragraph is WITNESS OPTIONAL~~~~~+--~~~~~~- Though the information below is not required by law, it may prove valuable 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: ~U\{ VY\€ IA t tx}\ a -'VC-t V\ clt o '\h \<::is-.. ~r~-e ~ Document Date:-------------------Number of Pages: ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Individual D Corporate Officer -Title(s): D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ________ _ Signer Is Representing: ___ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _________ _ Signer Is Representing: ____ _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here • ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 E-11 • f I! EXECUTED IN DUPLICATE PREMIUM: INCLUDED IN PAYMENT BOND BOND EFFECTIVE: JULY 1, 2009 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"), has awarded to NATIONWIDE ENVIRONMENTAL SERVICES 11914 FRONT STREET, UNIT C, NORWALK, CA 90650 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12 Bond No. 41173881 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and PLATTE RIVER INSURANCE COMPANY 350 SANSOME STREET, SUITE 1000, SAN FRANCISCO, CA 94104-1315 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and finnly bound unto the Public Agency in the penal sum of FIFTY THOUSAND AND 00/100********** ******************************************** Dollars($ 50.000 ************************** ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her orits heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Pfincipal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold hannless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Cdntract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code ' 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. E-12 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: MAY 26 2009 "Principal" NATIONWIDE ENVIRONMENTAL SERVICES By: _____________ _ Its (Seal) APPROVED AS TO SURETY AND PRJNCIP AL AMOUNT By: _____________ _ Insurance Administrator "Surety" PLATIE RIVER INSURANCE COMPANY By:__._._~-~ ·_z_ Its PAUL BOUCHER, ATIORNEY-IN-FACT By: ____________ _ Its (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation By: ____________ _ Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as a/lomey-infact must be al/ached. E-13 . ' CALIFORNIA ALL-PURIJdSE ACKNOWLEDGMENT ~~~~~~~~~~~~~ STATE OF CALIFORNIA Coun~m_L_O_S_A_N_G_EL_E_s ____________ ~} On MAY 26, 2009 Date before me, __ H_EA_T_H_E_R_W_I_N_,_N~O-TA_R_Y_P_u_s_LI_c_~~~~------ Here Insert Name and Title of the Officer personally appeared __ PA_U_L_B_o_u_c_H_E_R _________________________ _ Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name(..s? is/a.re subscribed to the within instrument and acknowled~ed to me that he/sAett:f1ey executed the same in his/heF/tF101F authorized capaci~~). and that by his/l:loi:/.thoir signatureE&) on the instrument the personW, or the enti~ upon behalf of which the person(.sj 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 5W~ia~eal. Signature l.{,/ff,l[fb., U) l .. : Signature of Notary Public -----------------------OPTIONAL----------------------- Though the information below is not required by law, it may prove valuable 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: NATIONWIDE PERFORMANCE & PAYMENT BOND 41173881 Document Date:_M_A_Y_26_1_2_o_o9 ______________ Number of Pages: _______ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s):~------- i , D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ~~~~~~-§;i~l$,'Q().'~<,~~~~~~~~~~~~~~~~ © 2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313·2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1·800·876-6827 E-14 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY 41173884 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ---------------------------------JANINA MONROE; LEONARD G FODEMSKI; PAUL BOUCHER; THOMAS MCCALL------------------ its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -------------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $2,500,000.00-------------------------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory i.n ;the nature thereof, one or more vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the Corporation; the signature of such officers. and the seal of the Corporation may be affixed to such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile ·seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." -IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this I st day of January, 2007. Attest: David F. Pauly Chairman & CEO STATE OF WISCONSIN } S.S.: COUNTY OF DANE PLATTE RIVER INSURANCE COMPANY On the 1st day of January, 2007 before me personally came James J. Mcintyre, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by ord(lr of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN } S.S.: COUNTY OF DANE CERTIFICATE Daniel W. Krueger Notary Public, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this _2_6_T_H ___ _ day of MAY ,2 009 ~,,, L ~ Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. PR·POA (8-07) E-15 . , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of Lt:>S ~ tk? On Huy fl I 1Jif1 before me, Date personally appeared V\etJ.f( s~mu.e\ f 41/t. Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(~ whose name~ is/cy:e subscribed to the within instrument and acknowledged to me that ~she/t~ executed the same in l\i6/her/tPteir authorized capacity(iE~). and that by ~/her/tl\etr signature!M' on the instrument the personM, or the entity upon behalf of which the personC') 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 corre OPTIONAL~~~~-t-~~~~~~~- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TitleorTypeofDocument: ?ec,\ • 't6nd.-12-anc..kill ?<=1.lcs \lerJ-e~ Document Date:-------------------Number of Pages: ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:------------- 0 Individual D Corporate Officer -Title(s): D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ________ _ Signer Is Representing: ___ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _________ _ Signer Is Representing: ____ _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here • ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 E-16 Workers' Compensation Certificate of Insurance WHEREAS. the City of Rancho Palos Verdes has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: 2. 3. City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 The insu...ts unde>' such pol;cyo,poHc;.s ue: ~~~~~\Uc as-d "3\0\_ fu 'l \A '{/)ti/ ~\Jl~ Workers' Compensation Policy or Policies in a fonn approved by the J;;:;;;;;c"o~issioner of California covering all operations oftbe named insull'ds as follows; Polic}! Number Eff cctive Date Expiration Date ~ -1-oq·: '2-\-lO 4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits of liability, unless and until thirty days' written notice thereof has been served upon the City Clerk of the City of Rancho Palos Verdes E-17 June 9, 2009 Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Nationwide Environmental Services (NES) would like to inform the City of Rancho Palos Verdes that NES is not involved in any litigation or claims that may potentially affect the aggregate insurance coverage. If you have any questions or concerns, please feel free to contact me. Thank you for your time. 11914 Front Street 111 Norwalk, California 90650 ° (562) 860-0604 Cl Fax (562) 868-5726 www.nes-sweeping.com E-18 FROM :RPV FAX NO. :5445292 )pr. 28 2009 12: 22PM P12 AGREE.MENT TO COMPLV WITH CALIFORNIA LABOR LAW REQUIREM:ENTS [LaborCocle 1720, 1773.8, 1775, 1776, 1777.5, 181J, J860, Ul61, 3700'1 The undersigned Contractor ce1tifiC!R that it is awure of ancl hereby agrees to fully c:ornply with tlit: followin£ provisions of California law: I. Contmctoraclcnowlcdges that th is contract is suhject to the provisions ofDivj:,;inn 2, Part 7. Chapter 1 (commei~cing with Section 1720) of the Catifhmin Labor Code relttin~; to public works and the awarding public agency ("'Agency") and aJ:.'TCC:S to he bound by nil the pro¥isions tl1ereof C'ls though sci forth in fl.Ill herein. 2. Contractor :igr.ees to comply with the pr<1visions of California Labor Code Section 1773.8 which requiTes the payrrtent oftravcl and subsistehcc payment~ ~o each workerneeded to exec\1te the work'to the extent required hy faw. 3. Contractor agrees to comt:)ly with the provisions of Cal iforni11 LaborC(j)de Secti<m 1776 which require CQntractor and each subcontractor to (1) keep accurate payroll n:coros, (2) certify 11nd make such paytoll records available f-0r inspection as pmvided ~Y Section 1176, and (3) infonn the: Agency ~f the location of the records. The Contrnctor is responsible for compliance with Section 1776 by frselfand all of its subcontractors. 4: Contractor agrees ti.l comply with the 1novisions ufCalifomia Labor Code Section 1777.5 ccmceming the emplo)'lnent ()f apprentice$ on public works projects, and fi.u1her agrees that Contractor is responsible for compliance with Section 1177.S by itself nnd all of its subcontract(lrs. S. Contraclor agrees to comply with the provisions ofCalifomia Labor C:\ldt Section 1813 conc<.o:rn;ng penalties for workers who wnrk excess hours. The Con traclor shall, as a pt.i1alty to the Agency, forf eil twenty-fi vc dollars ($25) fnr each work'l:..1 cmployed~in I.he executjon cQf the couti:act by the.: Contractor or by any sttbcontn\ctor for each calendar day during which such wo11'ker is n:quired or pem1ittai to wor'k :more than 8 hours iti auy one calendar day antl 40 hours in any oqe calen'dar weeldn violation of the provisions oft>ivi1iion 1, Pan 7, Chapter 1, J\.r.ticle 3 of the Califomia Labor C.odc. 6. California Labor tade Sections 1860 and 3 7()0provide1.h11l cvety i=ontnu.:tor will he requjred to se~ure:: the·paymentofcompensation to its empl0yees. In accin·dunce with the pn1vislonsofCalifor'I1ia i.abnr Code Section 186 l, Coniractor hereby cerliiits a:-; follows: .. l am·aware of the provisions of Section 3700 of the Labor Cwe which require every c:rrrployer tu be insured. against liability for workers' compensatfon or to umlertake self-msUT'ance in accordance with \he provisions of that code, and J will comply with such.provisions before commencing the performance of the work ofthis contract.'' Date. r.o/lVa.coq -·-Signa1ure~f..~---- E-19 MUST BE DISP! fED IN PLACE OF BUSINESS -NO.T ...,lUNSFERABLE City of Rancho Palos Verdes Finance Department 30940 Hawthorne Blvd BUSINESS TAX REGISTRATION CERTIFICATE Rancho Palos Verdes, CA 90275 Business Name: Business Number: Location Address: License Number/Class: NATIONWIDE ENVIRONMENTAL SERVI 3256 OUT OF CITY BUSINESS 09 00003274 OUTSIDE BUSINESS NATIONWIDE ENVIRONMENTAL SERVI 11914 FRONT ST NORWALK CA 90650 Issue Date: 2/12/09 Expiration Date: THIS CERTIFICATE IS EVIDENCE THAT THE PERSON OR FIRM NAMED HAS PAID A TAX TO CONDUCT AND OPERATE A BUSINESS AS INDICATED HEREON PURSUANT TO THE PROVISIONS OF -· 4 ··-·~~---· ~{1·2,:9°r~'-~'.'..·,. ~~;/,• ... · .. 12/31/09 ISSUING OFFICERS E-20 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/PermitNo.ordescription: ~ ~QQ;~\\\~ ':Q(V \ce'::> lndemnitor(s) (list all names): The Contractor shaJI indemnify, defend, and hold harmless the City, and its officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, losses, ex.penses, obligations, judgments, or damages, including reasonable attorneys• fees and costs of litigation ("claims"), arising out of the Contractor's perfonnance of its obligations under this agreement or out of1he operations conducted by Contractor, including the active or passive negligence of any or all of the City Indemnitees, except for such loss or damage arising from the sole negligence or willful misconduct oftbe City Indemnitecs. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this agreement the Contractor shall provide a defense to the City lndemnitees or at the City's option reimburse the City lndemnitees their costs of defense, including reasonable attorneys• fees, incurred in defense of such claims. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which wouJd otherwise exist as to any party or person indemnified in this section on indemnity. Contractor's obligation to indemnify the City Indemnitees shall not be restricted to insurance proceeds. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Inden:mitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an lndemnitor, then all obligations, liabilities, ·covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name f\n\ ~rn\J,01 ~<Ao By. ~~J~Ot) Its Its E-21 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Poliey") or in any endorsement now or hereafter attached thereto, it is agreed as follows: l. The t/~ d ~ ~s v~ai.'.r ("Public Agency"), its elec~fficials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations perfonned by or on behalf of the Named lnsured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shalJ be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contnbute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this oontract of insurance shall be construed to preclude ooverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as thirdM party claims, i.e., in the same manner as jf separate policies had been issued to each insured. Nothing cODtained in this provision shall operate to increase or replicate the Company's limits ofliability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold bannless provision(s) contained in or executed in conjunction with the written agreement(s) or pennit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation. change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. 1n the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in fu11 force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional lnsureds, while acting within the scope of their duties, from all claims, losses and liabilities ari~ng out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. E-22 8. It is hereby agreed lhal the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. . 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: IO. Except as slated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any oftbe limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATIM;HES POLICY PERIOD FROM/TO Co--t-oq Ito I LIMJTSOF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: a Contractual Liability o Owners/Landlords/Tenants a Manufacturers/Contractors ~ Products/Completed Operations }Q. Broad Form Property Damage a Extended Bodily Injury a Broad Form Comprehensive General Liability Endorsement ~ Explosion Hazard 'I. Collapse Hazard ~ Underground Property Damage o Pollution Liability o Liquor Liability,~~ /'.. U,.. ~, 0 n {, ~_,... .x ~mMO.[c..tgy e\{neva.L (.AJ~ 0 --~-~~~-~~ 0 --~--~~~~~ 12. A o deductible or a self-insured retention (check one) of$ b.OY\~ applies to all coverage(s) except:----------------------.--- (if none, so state). The deductible is appHcable o per claim or o per occurrence (check one). 13. This is an ~occurrence or o claims made policy (check one). 14. This endorsement is e~tiveon {o--\-QO\ at 12:01 a.m. and formsapartof Policy Number O;;?.LX.C$att·1 · n t \-0 I, _,. (print name), hereby declare under penalty my under the aws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. El<ecuted l'N.ut -;;ig u ... cg Telephone No.: (9-.\?> ) ~i94d..<&~ (Original signature only; no facsimile signature or initialed signature accepted) E-23 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Notwithstanding any inconsistent statement in the policy to which Ibis endorsement is attached {the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: I. The ~~ ~d.6 Pa.las V.tWd.es ("Public Agency"). its electedOicfaS> officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shalJ be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to t11e limits of the Company's liabmty. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third- party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate lo increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insrirance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) orpermit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non~renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initiaUy drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives aJl rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the N amcd Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. E-24 8. ll is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAO.ES TO WHICH THIS ENDORSEMENT AUACHB§ A!OOU~ POUCY PERJOD FROM/TO lo-t-a:\ ho I UMJTSOF LIAB1LITY ~ \,000 1 000 CPL 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: 'fol. Any Automobiles o All Owned Automobiles '!Ji Non-owned Automobiles ~ Hired Automobiles o Scheduled Automobiles o Garage Coverage o Truckers Coverage o Motor Canier Act o Bus Regulatory Refonn Act o Public Livery Coverage a 0 12. A a deductible or o se]f.jnsured retention (check one) of$ NQr\€ ,,,1 applies to all coverage( s) except: ___ (if none, so state). The deductible is applicable G per claim or G per occurrence (check one). 13. This is an)( occurrence or o claims made policy (check one). 14. This endorsement is effective on W :03 at J 2:01 a.m. and fonns a part of Policy Number I, \ ~ (print name), hereby declare under penalty · rjury under th laws of the State of California, that J have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed N\o.1 f d.(\ I ? • 20Ji\ TelephoneNo.: {)\~ ) ~'tQ.-lf ~<{S (Original signature only; no facsimile signature or initialed signature accepted) E-25 . ' General description of agreement(s), permit(s), license{s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: · 1. The CiP:/md-~IJ Pa.it?S V~.e.r ("Public Agency"), its electe<I cials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the" Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respectto the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third- party claims. i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits ofliability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions appJicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or pennit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to canoellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. E-26 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 l 0. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. ~ =~ingForm ..A{Ombrella Liability 0 ~-~---~~----~-~ 11. Applicable underlying coverages: 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A a deductible ~f-insured retention (check one) of$ !!J; ()<JO applies to all coverage(s) except:------------------------ (if none, so state). The deductible is applicable o per claim or o per occurrence (check one). 14. Tlrls is anJ<occurrence or o <W~Af q,ley (ch.ck on•). 15. This endorsement is effective on . 0 at 12:0 l a.m. and fonns a part of Policy Number . s Telephone No.: (d-\?.r ) laiq:L£-~ ~ ~ (Original signature only,' no facsimile signature or initialed signature accepted) E-27 June 16, 2009 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Insurance and Risk Management Specialists Re: Certificate of Liability Insurance Joe's Sweeping, Inc. DBA Nationwide Environmental Services And JNL Building Services 11914 Front Street Norwalk, CA 900650 Gentlemen, RECEIVED City of Rancho Palos Verdes JUN 1 8 ?.009 PUBLIC WORKS DEPARTMENT We are in receipt of your inquiry regarding the Certificate of Insurance issued on behalf of the above referenced policy holder. Insurers that provide primary liability insurance are often unwilling to provide a limit greater than $1,000,000 per occurrence. Hence, an insured who wants higher limits than are available from its primary insurers can achieve the desired limits by purchasing an excess or umbrella liability policy. A primary liability policy and corresponding excess or umbrella policy are referred to as "layers" of insurance. These layers together provide a total per occurrence limit. Joe's Sweeping, lnc.'s primary Automobile Liability policy provides $1,000,000 combined single limit per occurrence and the Umbrella policy provides $1,000,000 each occurrence. Together, they provide a total per occurrence limit of $2,000,000. Should you have additional questions, please don't hesitate to contact us. Sincerely, Lockton Insurance Brokers, LLC /smc LOCKTON INSURANCE BROKERS, LLC. License #OFl 5767 c25 S. Figueroa St., .15th Fl/ Los .\ngclcs, C\ lJIHW / (2Ll) 68911500 I F:\X: (21.l) 689-115.Stl E-28 Exhibit A: Bid Sheet of the Proposal R6876-0001\1542106v1 .doc E-29 CITY OF RANCHO PALOS VERDES BID SHEET NAME OF COMPANY: Nationwide Environmental Services diy. 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 to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as STREET SWEEPING §ERyU;:Es FISCAL YEAR 2092/10-2010/11-2011/12 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 Verde~ 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 l. month. $ /yr. Sweep Non-Residential Streets $ 1,8,00.0Q'mo. .' $21,ouO.Ofyr. twice per month. 2. ·(. Sweep Hawthorne Blvd. twice per ·s 6QO,OOlm0. $7,200.00/yr 3. ·.:· month .. ; .: ..... ·· :';.· .. §weep Western Ave. weekly s §Q.Q;gQ~yi. :··· ..... : ~1}ZQO .. OO!yr. 4. : : Sweep Parking Lots and Scenic $ ZQO:QQ/ni:p. . : . i'~~~QO;QQ/yr s. Turnout twice per month 6. Annual NPDES Sweep -. :. :t ,~:a~o;,-OQm .· :~ 7. Bus Stop/Shelter Cleaning $ j .1222.fiQ/:w@Jdy~ :) . :}1';~-0;;0~ ·: r~;~o,~ Aooual Total: -.::: Extra Sweeping -Emergency for s 105.00/br 8. Residential Street (two-hour response time) Extra Sweeping -Non-Emergency $ 85.00lhr 9. for Residential Street (the next business dav) Extra Sweeping -Emergency for $ 105.00/br IO. Non-Residential Street (two-hour response time) E-30 11. Extra Sweeping -Non-Emergency $ 85.00 /hr for Non-Residential Street (the next business day) 12. Extra Sweeping -Emergency for $ 85.00/hr Parking Lots and Scenic Turnouts <two-hour resoonse time) 13. Extra Sweeping -Non-Emergency $ 65.00/hr for Parking Lots and Scenic . Turnouts (the next business dav) TOTAL BID AMOUNT IN WORDS One Hundred Thirty Nine Thousand Three Hundred Twenty Dollars and No Cents E-31 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 to the Street Sweeping Maintenance Services between the City of Rancho Palos Verdes ("CITY") and Nationwide Environmental Services div. of Joe's Sweeping, Inc. ("CONTRACTOR"), dated May 19, 2009 ("Original Agreement"). This first amendment is effective as of July 1, 2012 and is being made to extend the term of the Agreement for one year. Section 1. 1a. Term: of Agreement is hereby amended to read as follows: "This 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 to the Original Agreement, Section 1 Scope of Services: and 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 Agreement as of the date and year first above written. ATTEST: ~- By:&~ /ll~ City Clerk CITY OF RANCHO PALOS VERDES ("CITY") By:~~ Mayor NATIONWIDE ENVIRONMENTAL SERVICE div. OF JOE'S SWEEPING, INC. ('CONTRA~~ Signature: . Printed Name: Ani Samuelian Title: Vice President E-32 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 1 a of the Agreement is hereby amended to read as follows: ~'"'f.erm 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. n Section 3. Sectioh 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 re!3d 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 E-33 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. 1191.1\ 'Prent 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 E-34 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year written below. Dated: April 30 , 2013 ATTEST: .C·-· By:(£~&&~ City Clerk R6876·0001\1542106v1 .doc Printed Name: Ani Samuelian Title: Vice President By: Printed Name: Suzy Samuelian Title: Corporate Secretary CITY OF RANCHO PALOS VERDES ("City") By\·~~J <=-Mafor E-35 CITY OF RANCHO PALOS VERDES MAINTENANCE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered this 29th day of July, 2014, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and JOE'S SWEEPING, INC. DBA NATIONWIDE ENVIRONMENTAL SERVICES ("Contractor"). In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as FY 14-15 STREET SWEEPING SERVICES ("Project"), as described in this Agreement and in the FY 14-15 Street Sweeping Services Scope of Work document, which is attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. In the event of any conflict between the terms of this Agreement and Exhibit "A," the terms of this Agreement shall control. 2. Frequency of Services. Contractor shall perform the work at the following frequency: a. Western Ave.: Once per week (52 times per year) b. All other City streets (including boulevards, avenues, roads, etc.) parking lots, and scenic turnouts: Once every two weeks (26 times per year) c. Private streets are excluded from the scope of the work. 3. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 4. Term. This Agreement shall commence on July 30, 2014, and shall remain in effect until the tasks described herein are completed to the City's approval, but in no event later than June 30, 2015, unless sooner terminated pursuant to Section 12 of this Agreement. Additionally, there shall be four (4) one-year options to renew the Agreement with the mutual written consent of both parties. All provisions of this Agreement applicable to the original term shall apply with equal force to any renewal term. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. 5. Time. Time is of the essence in this Agreement. 6. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods. or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the Page 1 of 9 R6876-0001 \1729352v3.doc Maintenance Agreement E-36 other promptly inwriting of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. 7. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor (for FY 14-15) a not to exceed amount of two hundred thirty-nine thousand one hundred twenty dollars ($239, 120). If the first option (FY 15-16) to renew is exercised, or if both the first option (FY 15-16) and the second option (FY 16-17) to renew are exercised, the City shall likewise pay Contractor a not to exceed amount of two hundred thirty-nine thousand one hundred twenty dollars ($239, 120) per year. If the third option (FY 17-18) to renew is exercised, or if both the third option (FY 17-18) and the fourth option (FY 18- 19) to renew are exercised, the City shall pay Contractor a not to exceed amount of two hundred thirty-nine thousand one hundred twenty dollars ($239, 120) per year plus the increase in the Producers Price Index ("PPI") over the preceding twelve (12) month period, using the December 2017 and 2018 indexes for FY 17-18 and FY 18-19 respectively. 8. Payments. Contractor shall submit monthly invoices for the work completed in the previous morith. City agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. City agrees to use its best efforts to notify Contractor of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, City's failure to timely notify Contractor of a disputed amount or claimed completion percentage shall not be deemed a waiver of City's right to challenge such amount or percentage. Additionally, in the event City fails to pay any undisputed amounts due Contractor within forty-five (45) days after invoices are received by City, then City agrees that Contractor shall have the right to consider said default a total breach of this Agreement and be terminated by Contractor without liability to Contractor upon ten (10) working days advance written notice. 9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total compensation as listed in Section 7 of this Agreement. 10. Audit. The City or its representative shall have the option of inspecting, auditing, or inspecting and auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 11. Unresolved Disputes. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference. 12. Termination. The City may terminate this Agreement at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. Page 2 of 9 R6876-0001\1729352v3.doc Maintenance Agreement E-37 13. Indemnity. a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold free and harmless the City, its elected officials, officers, employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "lndemnitees") 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, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, material suppliers, or their officers, agents, servants or employees, arising out 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 lndemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against lndemnitees in any such Claim. Contractor shall reimburse lndemnitees 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 lndemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. b. Civil Code Exception. Nothing in the paragraph above this one shall be construed to encompass lndemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code Section 2782(b). c. Nonwaiver of Rights. lndemnitees 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. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by lndemnitees and shall operate to fully indemnify lndemnitees against any such negligence. d. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the lndemnitees, 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 regardless of any prior, concurrent or subsequent active or passive negligence by lndemnitees. Page 3 of 9 R6876-0001 \1729352v3.doc Maintenance Agreement E-38 e. Survival. The provisions of this Section 13 shall survive the termination of this Agreement and are in addition to any other rights or remedies that lndemnitees may have under the law. Payment is not required as a condition precedent to an lndemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the lndemnitee's right to recover under this indemnity provision. 14. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 15. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and· Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 16. Fictitious Business Name Statement. Joe's Sweeping, Inc. has provided to the City a copy of its Fictitious Business Name Statement to utilize the name Nationwide Environmental Services. This Fictitious Business Name Statement was filed with the County of Los Angeles on November 10, 2009, and thus will expire on November 9, 2014. The Contractor shall file a new Fictitious Business Name Statement with the County of Los Angeles before November 9, 2014 and shall immediately provide the City with a copy of the new filed Fictitious Business Name Statement, marked by the County of Los Angeles, or the City shall have the discretion to immediately terminate the Agreement. 17. Insurance. a. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate. Page 4 of 9 R6876-0001 \1729352v3.doc Maintenance Agreement E-39 b. Automobile Liability Insurance: Contractor shall maintain automobile liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. c. Workers' Compensation Insurance: Contractor shall maintain workers' compensation insurance with coverage at least as broad as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. d. Additional Insured Requirements: The commercial general liability coverage and the automobile liability insurance shall each contain an endorsement naming the City and City's elected and appointed officials, officers, employees, agents and volunteers as additional insureds. Those commercial general liability coverage and the automobile liability insurance endorsements shall also name all subcontractors as additional insureds, and the Contractor shall require all subcontractors to maintain their own workers' compensation insurance; alternatively, Contractor may require all subcontractors to maintain their own commercial general liability coverage, automobile liability insurance endorsements and workers' compensation insurance. All requirements of this Section 17 are required for any insurance obtained by a subcontractor as well. e. Higher Limits: If the Contractor maintains higher limits tlian the minimum limits shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. f. Required Carrier Rating: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. All required insurance shall be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A: VII. g. Primacy of Contractor's Insurance: All policies of insurance provided by Contractor shall be primary to any coverage available to City or City's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self- insurance maintained by City or City's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. h. Verification of Coverage: Contractor acknowledges, understands and agrees that City's ability to verify the procurement and maintenance of the insurance required is critical to safeguarding City's financial well-being and, indirectly, the collective well-being of the residents of the City. Accordingly, Contractor warrants, represents and agrees that it shall furnish City with certificates of insurance and endorsements evidencing the coverage required on forms satisfactory to City in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates of insurance and endorsements shall be received and approved by City as a condition precedent to Contractor's commencement of any work. Upon City's written request, Contractor shall also Page 5 of 9 R6876-0001 \1729352v3.doc Maintenance Agreement E-40 provide City with certified copies of all required insurance policies and endorsements. i. Notice of Cancellation. a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to Contractor, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, Contractor shall provide immediate notice to the City if Contractor receives a cancellation or policy revision notice from the insurer. b) Contractor agrees that it will not cancel or reduce any required insurance coverage. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. j. Waiver of Subrogation: All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor or Contractor's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City and agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies whether or not the City has received a waiver of subrogation endorsement from the insurer. 18. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 19. Debarred. Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777 .1 or 1777. 7. 20. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 21. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. If any option to renew is exercised, Contractor shall obtain new faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of the original term and any additional terms; in lieu of the new bonds, Contractor may submit proof from the surety company that the existing faithful performance and payment bonds have been extended for duration of the new term. Page 6 of 9 R6876-0001 \1729352v3.doc Maintenance Agreement E-41 22. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 23. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement, including any options that are exercised, which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 24. Non'-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 25. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 26. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. 27. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 28. Authority. Each of the persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 29. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. Page 7 of 9 R6876-0001 \1729352v3.doc Maintenance Agreement E-42 30. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 31. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or . remedy available to the City with regard to such breach or default. 32. Notice. Except as otherwise required by law, any 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 Contractor's or 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: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: Nejteh Der Bedrossian Nationwide Environmental Services 11914 Front Street, Unit C Norwalk, CA 90650 33. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 34. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [Signatures on next page] Page 8 of 9 R6876-0001 \1729352v3.doc Maintenance Agreement E-43 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. ATTEST By: ___________ _ City Clerk Dated:---------- R6876-0001 \1729352v3.doc CITY OF RANCHO PALOS VERDES By: ____________ ~ Mayor APPROVED AS TO FORM By: ____________ ~ City Attorney JOE'S SWEEPING, INC. OBA NATIONWIDE ENVIRONMENTAL SERVICES ("CONTRACTOR") By: ____________ ~ Printed Name: _________ _ Title:. ____________ _ By: ____________ ~ Printed Name: _________ _ Title: ____________ _ Page 9 of 9 Maintenance Agreement E-44 Exhibit A: FY 14-15 Street Sweeping Services Scope of Work Exhibit "A" R6876-0001\1729352v3.doc Maintenance Agreement E-45 Exhibit "A" NATIONWIDE ENVIRONMENTAL SERVICES A DIVISION OF JOE'S SWEEPING, INC. FY14-15 STREET SWEEPING SERVICES REVISED SCOPE OF WORK 10 -SCOPE OF WORK A. PROJECT LOCATION: Various locations in the City of Rancho Palos Verdes as called out on the map generally shown on Appendix I. The City of Rancho Palos Verdes currently has trash and/or recycling collection on various days (Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays) in different areas of the City. The street sweeping days, shown in the map in Appendix I, are currently coordinated with the trash collection days to avoid a conflict and to have street sweeping performed the day following trash collection or as directed by the City. The trash and/or recycling collection schedule may change during the course of this contract, and thus the street sweeping schedule will need to be modified accordingly. The Contractor shall work with the City to make these necessary street sweeping schedule changes, as requested by the Director of Public Works, or his designated representative. B. PROJECT DESCRIPTION: Mechanical sweeping of curbs and gutters for various residential, non-residential roadways, State Highway (Western Avenue), parking lots and scenic turnouts in the City of Rancho Palos Verdes as shown in Appendix I and these special provisions. Private streets are excluded from the scope of the work. 1) Residential and Non-Residential Roadways For the purpose of this contract, residential and non-residential roadways are those shown and highlighted in Appendix I. The residential area consists of approximately 235 miles of residential curb/gutter. Residential and non-residential roadways shall be swept bi-weekly (every-other week), as directed by the Director of Public Works, in accordance with the schedule shown in Appendix I. Residential roadways shall be swept between the hours of Sam and 4pm, at a schedule proposed by the Contractor and approved by the City. Non-Residential roadways shall be swept between the hours of7am and 7pm, at a schedule proposed by the Contractor and approved by the City. The Contractor shall sweep in the vicinity of schools at times which do not conflict with the parking, and pickup and drop-off times. Sweeping ofresidential and non-residential roadways shall include all curbs (both parkway and median), AC berms and swales, and edges ofroadways. Note: Private streets are excluded from the scope of the work. E-46 2) State Highway-Western Avenue State Highway -Western A venue shall include: Western Avenue-Approximately 9 miles of roadway, from Summerland Avenue to the Northerly City limits, 180' northerly of Peninsula Verde Drive, shall be swept weekly between the hours of7am and 7pm, at a schedule proposed by the Contractor and approved by the City. Sweeping includes the Western A venue curbs, for both the parkway and medians. 3) Parking Lots Parking lots shall include: • Abalone Cove • Civic Center Parking Lots • Hesse Park • RyanPark • Eastview Park • Ladera Linda Park • Del Cerro Park • Lower Point Vicente Park (Point Vicente Interpretive Center) • Pelican Cove Parking lots shall be swept bi-weekly (every-other week) between the hours of 7am and 7pm, at a schedule proposed by the Contractor and approved by the City. Sweeping of parking lots shall include all curbs (both parkway and median), AC berms and swales, and edges of roadways. 4) Scenic Turnouts Scenic Turnouts shall include: • Scenic Turnout on Palos Verdes Drive West (Across from Rue Beaupre) • Three Scenic Turnouts on Palos Verdes Drive South: (1) Across from Wayfarer's Chapel (2) Across from Conqueror, next to Marilyn Ryan Sunset Pointe Park (3) Across from Palos Verdes Drive East intersection • Scenic Turnout on Hawthorne Blvd. (south of Vallon Drive) • any new future Scenic Turnout(s) added during the term of this agreement Scenic Turnouts shall be swept bi-weekly (every-other week) between the hours of 7am and 7pm, at a schedule proposed by the Contractor and approved by the City. Sweeping of scenic turnouts shall include all curbs (both parkway and median), AC berms and swales, and edges of roadways. Note: Parking lots and the scenic turnouts shall be bid as lump sum cost items. E-47 5) Annual NPDES Pre-Rain Season Sweep This sweep shall be performed once per year, between October 15th and November 1st, as directed by the Director of Public Works. It shall consist of sweeping curb to curb on all non-residential roadways, and normal sweeping' of residential roadways, parking lots, and scenic turnouts as well. The working hours shall follow those listed above, dependent upon the type of roadway. 6) Extra sweeping -Emergency Extra sweeping -emergency sweeping shall be paid at the hourly rate shown on Appendix II. Response time for emergency sweeps shall not exceed two hours from when the request is made by the Director of Public Works. Emergency sweeps shall be paid at an hourly rate measured from the time the sweeper leaves the Contractor's yard until the time it returns. 7) Extra Sweeping -Non-Emergency Non-emergency extra sweeping shall be paid at the hourly rate shown on Appendix II. Non-emergency extra sweeping shall take place on the next business day after requested by the City. Hours are measured by time actually spent in the City. Non-emergency sweeps shall be paid at an hourly rate measured from the time the sweeper enters the City of Rancho Palos Verdes to the time it leaves the City of Rancho Palos Verdes. 8) Schedule Adherence Whenever the schedule of work is not followed, for any reason, the Contractor shall notify the City. In the event that the scheduled sweeping day for an area falls on a City holiday, sweeping for that area shall take place on the following week on the same day of the week as scheduled. In the event that sweeping is canceled due to inclement weather, the work shall be made up at an agreed upon day and time. The contractor will not receive any additional compensation for extra work caused by winds, rain, or other weather conditions; or special events, parades, festivals, etc. In the event of inclement weather that inhibits the street sweeping operation, the City shall notify the Contractor, in writing or by phone, by 12 noon of the day that street sweeping has been postponed. In such cases, the Contractor shall provide the complete service that was postponed on the following business day. E-48 E-49 CITY OF RANCHO PALOS VERDES BID SHEET NAME Of COMPANY: Nationwide Environmental Services 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 to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as STREET SWEEPING §ERVlCES FISCAL YEAR 20Q9/10·2010/U ·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 of the City of Rancho Palos Verdes. to the satisfaction and under the direction of the Director of Public Works at the fo)]owing prices: <<BID SCHEDULE>> of service $ 6,ZOO.QO/mo. l. $7,200.00/yr $ ZQO :00 /trio. Bus Stop/Shelter Cleaning -·. ·-· Extra Sweeping -Emergency for $ 105.00/br 8. Residential Street (two-hour res onse time Extra Sweeping -Non-Emergency $ 85.00lhr 9. for Residential Street (the next business da 105.00/br Extra Sweeping -Emergency for $ IO. Non-Residential Street (two-hour re nse time E-50 11. Extra Sweeping -Non-Emergency $ 85.00 /hr for Non-Residential Street (the next business day) 12. Extra Sweeping. -Emergency for $ 85.00/hr Parking Lots and Scenic Turnouts (two-hour resoonse time) 13. Extra Sweeping -Non-Emergency $ 65.00/hr for Parking Lots and Scenic . Turnouts (the next business day) TOTAL BID AMOUNT JN WORDS E-51