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RPVCCA_CC_SR_2014_09_16_J_Joe's_Street_SweepingCITY OF RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: MICHAEL THRONE, P.E., DIRECTOR OF PUBLIC WORKS?i{) DATE: SEPTEMBER 16, 2014 SUBJECT: APPROVE THE THIRD AMENDMENT TO THE AGREEMENT WITH NATIONWIDE ENVIRONMENTAL SERVICES DIV. OF JOE'S SWEEPING, INC., FOR STREET SWEEPING SERVICES (In Support of 2014 City Council Goal #5: Government Efficiency, Fiscal Control and Transparency) REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGER ~fw.~ Project Manager: Nicole Jules, Deputy Director of Public Works --('\ C6 RECOMMENDATIONS 1. Approve the Third Amendment to the agreement for one fiscal year effective September 16, 2014 through June 30, 2015, with Nationwide Environmental Services Div. of Joe's Sweeping, Inc. for street sweeping services for an amount not to exceed $170,000. . 2. Authorize the Mayor and City Clerk to execute the Third Amendment with Nationwide Environmental Services Div. of Joe's Sweeping, Inc., for street sweeping services for FY 14-15. BACKGROUND On May 19, 2009, the City Council awarded a contract to Nationwide Environmental Services Div. of Joe's Sweeping, Inc. ("NES") for the City's street sweeping services. The contract had an initial term of three years with three (3) one-year options to renew. 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. Although the agreement terminated on June 30, 2014, the City issued a purchase order to NES for $25,000, utilizing the Acting City Manager's purchasing authority, in an effort to retain services until a contract extension can be authorized. The last day of street sweeping was August 26, 2014. If City Council approves staff's recommendation, street sweeping services J-1 Award Street Sweeping Contract September 16, 2014 Page 2 will resume on September 17, 2014. DISCUSSION NES has provided street sweeping services to the City for over 10 years. The residential roadways are currently swept monthly, the non-residential roadways (arterials), parking lots and scenic turnouts are swept twice a month (24x/yr.), and Western Avenue is swept weekly. Privately maintained streets are excluded from these services. Staff recommends approving a contract extension for FY14-15 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; and ./ Ability to provide additional sweeping services on short notice; Additionally, Staff contacted NES regarding the travelling speed of the sweepers. NES reports that the sweepers, while sweeping, travel approximately 4-8 miles per hour, which is lower than the manufacturer's recommended speed of 8 to 1 O miles per hour. Further, the sweepers are equipment with GPS tracking devices to help NES supervisors monitor their speed and location on a daily basis. ' CONCLUSION The Third Amendment to NES for street sweeping services extends the original agreement for one additional year, terminating on June 30, 2015. The amendment will be based on prices as approved in the original agreement as outlined in the bid schedule. Additionally, NES has requested the annual PPI rate adjustment with approval of this contract extension. Staff is supportive of this request and does not foresee a financial impact as a result. Therefore, Staff requests the Council's approval of the contract extension and the Mayor's execution of this agreement. FISCAL IMPACT The FY14-15 Street Maintenance budget program ($170,000) is sufficient to cover the annual cost of street sweeping services and the requested PPI adjustment of 2.74%. Attachments: Attachment 1 : Attachment 2: Attachment 3: Attachment 4: Joe's Sweeping, Inc. Contract for Street Sweeping Services in FY 09-10, FY 10-11, and FY-11-12 First Amendment to Joe's Sweeping, Inc. for Street Sweeping Services for FY 12-13 Second Amendment to Joe's Sweeping, Inc. for Street Sweeping for FY 13-14 Third Amendment to Joe's Sweeping, Inc. for Street Sweeping for FY14- 15. J-2 Attachment 1 CITY OF RANCHO PALOS VERDES CONTRACT FOR: STREET SWEEPlNG SERVICES FISCAL YEAR 2009/10-2010/11-2011/12 THIS AGREEMENT is made and entered this Nineteenth day of May , 2002_, by and between the CITY OF RANCHO PALOS VERDES,hereinafterreferred 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 perfonn t4e work and provide the services and materials for the project identified as: STREEi:' 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. 1 a. '.!:£r!!!;, 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. J-3 5. Ten11ination. This Agreement may be canceled by City at any time without penalty upon thirty-(30) days' written notice. In the event of tennination without fault of Contractor, the City shall pay Contractor for all services rendered prior to date of tennination, and such payment shall be in full satisfaction of all services rendered hereunder. 6. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3 700 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 wi11 comply with such provisions before commencing the performance of the work of this contract." 7. D1spute Resolution. This contract is subject to the provision of Artfole 1.5 (commencing at Section 20104) ofDivision 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $3 75,000. 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 Reguirements. 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:Vll 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 ofTwo Million Dollars ($2,000,000.00) against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the Contractor, its officers, employees, agents, and independent contractors in performance 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 sha11 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. 1. 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 J-4 . ' 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 shal1 submit to the City (I) 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 affoct the aggregate insurance coverage. IO. Licensed in accordance with the City of Rancho Palos Verdes: License No. --=0_,'j'-----'0~0~0_()~3_2.._/_4~· ---~ Date Issued: __ 2_,_/~l ".i--__,_( O_tf~--- IN WI1NESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above ·written. CITE:qYTHO~ By: -------·----·------ Mayor CONTRACTOR: By:~-~..1 _Never Samuelian Printed Name May 29, 2009 Date 3 J-5 • t ' ' EXECUTED IN DUPLICATE PREMIUM: $1,393.00 ANNUALLY BOND EFFECTIVE: JULY 1, 2009 PAYMENT BOND {LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"), has awarded to NATIONWIDE ENVIRONMENTAL SERVICES 11914 FRONT STREET, UNIT C, NORWALK, CA 90650 . (Name and addl'ess o/Con1roctor) ("Principal"), a contract (the "Contract") for the work described as follows: Bond No. 41173881 STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12 WHEREAS, Principal is required under the tenns of the Contract and the California Civil Code to secure the payrnenl of claims of laborers, mechanics, malerlalmen, and other persons as provided by Jaw. NOW, THEREFORE, we, the undersigned Principal, and PLATTE RIVER INSURANCE COMPANY 350 SANSOME STREET, SUITE 1000, SAN FRANCISCO, CA 94104-1315 (Name and addren of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California. as Surety, are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED THIRTY NINE THOUSAND THREE HUNDRED TWENTY AND 00/100**n********* Dollars($ 139, 32Q.OO **************** ), this amount being not less than the total contract price, in lawful money of the United States of America, for the p~yment of which sum well and truly to be made, we bind ourselves, our heirs, ex;ecutors, 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 or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3 l 81 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respecl 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 lo 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 lenns 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 tenns of the Contract or to the work or to the specifications thereunder. Suretyherebywaivestheprovisions of California Civil Code 2845 and 2849. J-6 ... ~-,--' -· --·-------- 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: M...8Y 26, 2009 "Principal" NATIONWIDE ENVIRONMENTAL SERVICES By: ____ _ Its (S!!al) APPROVED AS TO SURETY AND PRINCrP AL AMOUNT By: ___ ·---------- Insurance Administrator "Surety" PLATTE RIVER INSURANCE COMPANY By:_~ ___ t-_!&~~1--J __ Its PAUL BOUCHER, ATTORNEY-IN-FACT Its (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation By: ____________ _ Public Agency Attorney Note: rhis bond must be executad in d1Jplica1e and doled, all signatures must be notarized, and e11idence of the aulhority of ony pe1wn signing a;s a11omey-i11-facl mus/ be auached. J-7 CALIFORNIA ALL-PURf.;JSE ACKNOWLEDGMENT ~~~~~~~~~~~~'@.'{&"'@.;..~~~~~~~~~~~~~ STATE OF CALIFORNIA C ty f LOS ANGELES } oun o ------------------ On MAY 26, 2009 Date before me, __ H_EA_J_H_E_R_WI_N_, -NO,..,..if_A...,.R_Y-P...,..U,...BU_c-==-...,...,,...--=,,...-------- Here lnser1 Name and Tiiie of the Officer personally appeared __ PA_U_L_B_o_u_c_H_ER _______ _,,,..._..,...,.....,..,,,.,_-.,..,------------- Narne(sJ of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(.sj whose name(.sj is/9fG subscribed to the within instrument and acknowled~ed to me that he/.shoAhey executed the same in his/heF/ti<~e1r-authorized capacityfjee-), and that by his/her/their signature( a} on the Instrument the person(g), 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 California that the foregoing paragraph is true and correct. Witness my hand and o~~I ~I. Signature ~LU{; Signature of Notary Public ----------------------OPTIONAL--------------------- Though the information below is not required by law, ff 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 0 General D Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. ____________ _ 0 Individual D Corporate Officer-Title(s): .... -------- 0 Partner -0 Limited D General D Attorney in Fact D Trustee 0 Guardian or Conservator D Other: ______ _ Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ~~'%~~~~~~~~~~~~~~~~~~'@,;.'Q(;.~~~ © 2007 National Notary Association• 9350 De So10 Al/fl., P.O. Sox 2402 • Chatsworth,CA 91313·2402 • www.NationalNotary.org Item '115907 Reorder. Call Toll·Free 1-800-876-6827 J-8 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY 41173883 K."'O'W AU, MEN BY THESE PRESENTS, Tha1 the PLATTE RIVER INSURANCE COMPANY, a corporation oflhe State of Nebraska. having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoin1 ·-···-···-··-····--···--------JANINA MONROE. LEONARD G FODEMSKI; PAUL BOUCHER~ THOMAS MCCALL··········-·······-··-···· its tme and lawful Attorney{s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surely, and as its act and deed any and all bonds, undertakings and eo111racts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -----·-··-----·······················--····· ALL WRIHEN INSTRUMFNTS IN AN AMOUNT NOT TO EXCEED. $2,S00,000.00--····-···-·····-····-··-·--· .. Tlus Power of Attorney is granted and is signed and sealed by facsimile under and by the autl1ority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY al 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 attorney(s)-in-fact, each appointee to have 1he powers and duties usual to such offices to the business of the Corporation: the signature of si1ch 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 appomtment may be revoked. for cause, or without cause, by any of said officers, at any time." JN 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 1st day ofJanuary, 2007. Attest: David F. Pauly Chairman & CEO STATE OF WISCONSIN } S.S.: COUNTY OF DANE PLATTE RIVER INSURANCE COJ'v1PANY On the 1st day of January, 2007 before me personalty 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 sucl1 corporate seal; that it was so affixed by order of the Board of Directors of said corporation 11nd that he signed his name thereto by like order. STATE OF WISCONSIN } S.S.: COUNTY OF DANE Daniel W. Krueger Notary Public, Dane Co., WI My Commission Is Permanent 1, the undersigned, duly elected to the office slated below, now !he mcumbent in PLATTE RJVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY thal 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 26TH day of ___ MA 'L·----·--• 2_0"'"0"'"9'---- t£fu ... / Secretary THIS J)OCUMEN'T 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 AUTHENTICJTY OF THIS DOCUMENT CALL 800-475-4450. PR-~OA !8-07) J-9 CALIFORNIA All·PURPOSE ACKNOWLEDGMENT «~~~~~~~MM~~ ·-·----.. -·---·--------· Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ is/ai;e-subscribed to the within instrument and acknowledged to me that hj/she/t~ executed the same in h,ls/her/ttj.eir authorized capacity(i~, and that by h\9fher/tl)eir signature~) on the instrument the person(){), 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 true and corre . WITNESS Signature --'"'-""'--1-'-~"""":f::'.".':-'.":";=o-=::-:::---=::=...~::::;_ --~~~~--~~~~-OPT/ONAL~~--~~.;--~~~~--~- Though the information below is not required by Faw, 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: ~"VY\£ IA+ bc:_n a -\.?Gt V\ Ly o '\±:.\<.~:{:;: •. \J.er~=e ~ Document Dale:------------------Number of Pages:-------- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ........ ___________ _ O Individual ~J Corporate Officer -Title(s): ,_, Partner -O Limited 0 General ..... Attorney in Fact .. :J Trustee .. J Guardian or Conservator : .. J Other: ________ _ Signer Is Representing: ___ _ ---·-·---- Signer's Name:_ .................. -.......... __________ _ 0 Individual 0 Corporate Officer-Title(s): --------- 0 Partner -0 Limited 0 General 0 Attorney in Fact OTrustee 0 Guardian or Conservator [J Other: _________ _ --·--·-·"----Signer Is Representing: ____ _ ~rn~™~~"@O.·"!iXi!'1<~"!1W'M00¢!!:<:,~"Q<..~~"!iR...g<,--Qt @2007 National Notary Association• 9350 De Soto Ave. PO Box 2402 • Chalsworth.CA 91313-2402•wwwNaliona1No!ary.org nom «5907 Reorder. CaUToll·Free 1-800-876·6827 J-10 EXECUTED IN DUPUCATE 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 90550 (Name and address of Contractor) ("Principal"), a contract (the "Contract,,) for the work described as follows: STREET SWEEPING SERVICES FISCAL YEAR 2009/1()..2010/ll-2011/12 Bond No. 41173881 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance oftbe Contract. NOW, THEREFORE, we, the undersigned Principal, and PLATTE RIVER INSURANCE COMPANY 350 SANSOME STREET, SUITE 1000, SAN FRANCISCO, CA 94104-1315 (Nome and address of Surety) (4'Sure1y") 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 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 THJS OBLIGATION IS SUCH TBA T, 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, tenns, covenants, conditions and agreemenls in the Contract and any alteration thereof made as therein provided,_ on the Principal'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 Contract, or of the work to be perfonned 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. J-11 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 dale 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 25 2009 "Principal" NATIONWIDE ENVIRONMENTAL SERVICES By: ____________ _ Its (Seal) APPROVED AS TO SURETY AND PRINClP AL AMOUNT By: ____________ _ Insurance Administrator "Surety'• PLATIE RIVER INSURANCE COMPANY By:-""--~------' ·_d_·l-_ Its PAUL BOUCHER, ATIORNEY~IN·FACT By: ____________ _ Its (Seal) APPROVED AS TO FORM: RlCHARDS, WATSON & GERSHON A Professional Corporation By: ____________ _ Public Agency Attorney Nate. This band must be executed in duplicate and da1ed. all signatures must lx1 notarized, and evidence of the authority of any parwn signing as atlamey-in1act must be attached. J-12 CALIFORNIA ALL-PURl-'OSE ACKNOWLEDGMENT ~~~~~~'?,%~~~~~~~~~~~~'?R'"G STATE OF CALIFORNIA County of LOS ANGELES } On MAY 26, 2009 Date before me, __ H_EA_:r_H_E_R_WI_N_, N....,O,.,..T_A..,.R_Y-.P""'U"""BU.,.,.....,C...,.,.,.,,,,_..,..,,....-==-------- Here Insert Name and Title of the Officer personally appeared __ PA_U_L_B_o_u_c_H_ER _______ ...,.,.....,_,,..,......,.=--..,-,...------------- Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person-'81 whose name(~ is/a.Fe subscribed to the within instrument and acknowled~ed to me that he/sl'iettfiey executed the same in his/heF141<1e1F authorized capacity~), and that by his/her/their signaturef&) on the instrument the person'81, 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 California that the foregoing paragraph is true and correct. Witness my hand and <;j!~cia~eal. Signature ~Wt.: 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 th;s 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_o_o9 ______________ Number of Pages: _______ _ Slgner(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D lndiVidual D Corporate Officer -Title(s): _______ _ D Partner -0 Limited D General D Attorney in Fact D Trustee RIGHTTHUMBPRINT OF SIGNER D Guardian or Conservator Top or thumb here D Other: ______ _ Signer Is Representing: Signer's Name: ____________ _ D Individual D Corporate Officer -Title(s):..__ ______ _ , . D Partner -D Limited 0 General D Attorney In Fact D Trustee RIGHTTHUMBPRINT OF SIGNER D Guardian or Conservator Top of thumb here D Other: ------- Signer Is Representing: ~~~~~~~~~~<g<;;<cgk,~~~~~~~~~~~~~~~~~~ l!'J 2007 National Notary Association• 9350 De 5010 Ave., P.O. Box 2402 • ChalsWQrth, CA S 1313·2402 • www.NationalNotary.org Item #6907 Reorder: Calf Toll-Free 1 ·800-876-6827 J-13 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 Attomey(s)-in·fact, to make, execute, seal and deliver for and on lls 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. S2.501l,OOO 00---------------------------- This Power of Attorney is granted and JS 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 individuall} 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-fac!, 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 re.tating 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 altached. Any such appointment may be revoked for cause, or without cause. by any of said officers, at any time." IN WITNESS WHERE01'', 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 lst day of January, 2007. Attest: David F. Pauly Chamnan & CEO SJ'ATE OF WISCONSIN } S,S : COUNTY OF DANE PLATTE RIVER INSURANCE COMPANY On the I st day of January, 2007 before me personally came James J. Mcintyre, to me known, who bemg 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 ls Permanent J, 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 ofthe Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed al the City of Middleton, State of Wisconsin tins -'2=6-=T""H~--day of MAY ,2 009 ~-_/ Secretary THIS DOCUMENT JS NOT VALID UNLESS PRINTED ON GREEN SHADED .BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. lF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. PR·POA t8.07) J-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ®M~~~~~~M.<'Z".&~~~ State of California County of L\)S ~ tLc~ On t\uy 1~J)J;:c?f before me, --'--"L..l-+---JO.='--l.P--'~~-1--1--:::,,...;1111~!! Q{, f o {)[L.- personally appeared V\ev.er Sl1mu.e\ f t.c1/k Place Nolary Seal Above Name(&) of Signer(s} who proved to me on the basis of satisfactory evidence to be the person(~ whose name~ istiy:e subscribed to the within instrument and acknowledged to me that ~shell~ executed the same in ~/her/t~ir authorized capacity(i¢), and that by ~her/tl\i!tr signatureOO on the instrument the personM, or the entity upon behalf of which the person~ acted, executed the instrument. -----------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 TilleorTypeofDocument :rec\· ~d-1?.anc..ki,a ?qlos. ~._.sk'"'""'-~-=------ Document Date: ___________________ Number of Pages:--·-··------- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:------------- c::: Individual ~· Corporate Officer -Title(s): ... Partner -O Limited O General .... ) Attorney in Fact C.J Trustee C Guardian or Conservator ~J Other: ____ , _____ _ Signer Is Representing: ___ _ ----··-·--· .. ·-·-··· ............ ~ • Top of t!'lurnb llere Signer's Name: ________ ............... ________ _ [J Individual 0 Corporate Officer -Title(s): ···---------- 0 Partner -D Limited [J General 0 Attorney in Fact [J Trustee 0 Guardian or Conservator [)Other: _________ _ Signer Is Representing: __ -.· -· .. .. , rn~~""*'i"&~i%~~~""i&,."Q(,'i.R-"l!lt.>iiR.1'R.'«~"'tZ~'§&iU ©2007 National Notary Association• 9350 De Soto Ave , P.O Box 2402 • Ctialsworth, CA 91313·2402 • www.NationalNotary.org llem #5907 Reordet: CaHoll·free 1-800-876·6827 J-15 Workers' Compensation Certificate of Insurance WHEREAS, the City of Rancho Palos Verdes has required certain insurance lo 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 inw""'8 on""sucb polk>y.,polioi""" ~~~~~\Uc . o.s-d :::s\.J\.... Rt t 1 ~ , ({)/)_... ~\Jl(.il..<V Workers' Compensation Policy or Policies in a fonn approved by tbe ~~:lissioner of Califi:>mia covering all operations of the named insunids as follows: P0Ji2y ijumber filfcctjve Date Expiration Date ~@60001 (a:\-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 lhc City of Rancho Palos Verdes J-16 June 9, 2009 Mr. ~ames Bell 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 fl Norwalk, California 90650"' (562) 860-0604 •Fax (562) 868-5726 www.nes-sweeping.com J-17 FROM :RPV FAX NO. :5445292 pr. 28 2009 12:22PM P12 AGREEMENT TO COMPLV WITH CALIFORNIA LABOR LAW REQUJREM:ENTS [Labol'Cotle 1720, 1773.8, 1775, !7'76, 1777.5, 18D, 1860, 1861, 3700'1 The under.sjgncd Contractor certifiC!l that it is Aw11re of and hereby agrees to f.ully (:Qrnply with the following prnvisicms ofCalifomfo law: I. Contmctor 11clcnowledges that this contract is 8Uhject to the provisiom1 of Divi::;ion 2, Part 7, Chapter 1 (cnmmencin~ with Section 1720) of the Catiromin Labor Code relitin~: to public works and the awarding pub Ho agency ("/\gency") and ai,'lt:t:s lO be bound by nil the provi$lons thereof as though sc\ f·orth in fill! herein. 2. Contractor (lgr.ees to comply with the pr<r11i:tioni; of C;ilif1)1'flin Lnbor Code Section 1773.8 which requires the payment of rravel and i;ubsistehcc payments \o each worker ne1;:ded to cxeo\1le ihc work to the c:x1cnt required hy faw. 3. Ccmtmct<lr agrees to oom1:tly with the provisions of Cnlifomia J...abocCGde Secti011 l 776 which require Cqhtnictor nnd euch suhccmtmctor to (l) keep accurate payroll rte.ores, (2) certify and make such p11ytoll recordsavnil.abk for inspe~tio11 i.\$ provided by Section 1176, and (3) infonn the Agency Clfthc location of the records. The Con lTactor is respo11sible for compliance with Sectio11 1776 by ttl!elfund all of its subcontractors. 4: Contractor agrees tl.l comµly with tllt! l't'ovisions of Califomi11 l,abor Coile Section 1777 .S conceming the employment of apprentice$ on public wilrks J>'l'<:ljects, and fiu1her agrcc..s that Contractor is responsible for compliance with Section 1177.5 hy itself and all of its .subcontractors. ~. Contractor agrees to comply with the provisions ofCalifumia Labor C1.1dc Section 1813 concerning pen el ti es for workers who work excess hours. The Con trauLor sball1 as a ptmnlty to the Agt'flcy. forf eil twenty-fl vb dollat'S (S25) for each work~ employetUn tlic execufion <•flhe contract byihe Contractor or by any subcontn\ctor for each calendar day during which such wo111'er is n:quired or pem1ttted to work more than 8 houn in m1y'One calendar day antl 40 hoors in any Of!C cale11"dllr week in violation of the provisions oft>ivi1don 1, Part 7, Chapter 1, Article 3 oftbe CaliJbmia Labor Cude. 6. California Labor Cade Sections 1860 nnd 371)0 provide I.hut evetypontractorwill be reqnircd to sec.ure the-payment of compensation to its emp leyecs. In ac1:imlunce with lhe pJ'\wiAlons of Califot.nitl Labor Code Section 1 S6 l, C'.oniractor hereby cerliiks llli rollows: .. l am·aware of the provisions of Section 3 700 of the Lnbo1 Cwe which ll!quil'e ev~y c:mployer t<.1 be insured. againsl liability for workers· comt>en:satfon or to undertake self-insurance In nccQrdance with the provisions of that code, !ind l will comply with such.provisions before commencing thC:! perfommncc ol'lhe work oflhifi con1r.ict.'' Date 0/J va.a:Jq -·-Signature -?Uf.9V/..~~---- (7. llA J-18 MUST BE DISP! }:'ED IN PLACE OF BUSJNESS -NOT ~"RA,NSFERABLE City of Rancho Palos Verdes Finance Department 30940 Hawthorne Blvd BUSINESS TAX REGISTRATION CERTIFICATE Rancho Palos Verdes, CA 90275 Business Naine: Business Number: Location Address: License Number/Class: NATIONWIDE ENVIRONMENTAL SERVI 3256 OUT OF CITY BUSINESS 09 00003274 OUTSIDE BUSINESS NATIONWIDE ENVIRONMENTAL SERVI 11914FRONT ST NORWALK CA 90650 Issue Date: 2/12/09 Expiration Date: THIS CERTIFICATE IS EVIDENCE THAT THE PERSON OR FlRM NAMED HAS PAID A TAX TO CONDUCT AND OPERA TE A BUSINESS AS INO!CATEO HEREON PURSUANT TO THE PROVISIONS OF 12/31/09 ISSUTNG OFFICERS J-19 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contracl/Agreemen1/Llcense/Permit No. or description: ~e\ Sl»QQ\)\(\~ ;'.Q(\l \ ce~ lndemnitor(s) (list all names): The Contractor shall indemnify, defend, and hold harmless the Clty1 and its officers, employees. volunteers, and B'gcnlS ("Cily Jndemnitees"). from and against any and all causes of action, claims, liabilities, losses, expenses, obligations, judgments, or damages, including reasonable attorneys' fees and costs of liflgation ("claims"), arising out of the Contractor's peJfonnance of its obligations under this agreement or out of'lhe operations conducted by Contractor, including the active or passive negligence of any or all of the City Indcmnitees, except for such loss or damage arising from the sole negligence or willful miaconduct of1he Oty Indemnitecs. hi the evenl the City lndemnitees 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 lndemnftees or at the City's option reimburse the City Jndemnitees their costs of defense, Including reasonable attorneys• fees, ineurred in defense of such claims. Such obligation shall not be cons1racd to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified in this section Oil indemnity. Contractor's obligation to indemnify the City Indenmitees 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 oontn'bution against the Jlldemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident lo activities or operations performed by or on behalfof Ute Indenmitor regardless of any prior, concurrent, or subsequent active or passive negligence by lhe lndemnitees. In (be event there is more !ban one person or entity named in lhe Agreement as an Indemnitor, then all obligations, liabilities, 'covenants and conditions under this instrument shall be joint and several. "Jndemnitor" Name en\ ~--~ ~V..o By:~J~9,,) Its ~ t (.Q... ~ "::. ~ OJ!,(\.\-Its ,.. ~ .. J-20 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LJABJLJTY General description of agreement(s), permit(s), Jicense(s), and/or actMty(ies) msured: Notwithstanding any inoonsistenl 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 ~,~ d ~ ~s Vu-d~r ("Public Agency"), its elect~fficials, officora, 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 rela!ion to those activities described generally above with regard to operations perfonned 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 insut11nce coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insuran.ce maintained bythe Additional Insureds shall be called upon to contribute with the insurance coverages provid:ed by the Policy. 3. Each insurance coverage under !he Policy shall apply scparat.ely lo each Additional Insured against whom claim is made or suit is brought except with re.spect to the limits of the Company's liability. 4. Nothing in this contract ofinsurance shall be construed to pn:clude coverage of a claim by one insured under lhe poJicy against another insured under the policy. AD 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 shaU operate to increase or replicate the Company's limits ofliability as provided under the policy. S. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability 11SS11med bytbe 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 aod the Additional Insureds. 6. The policy lo which thisendorsement is attached shall not be subject lo cancellation, changeiD coverage, reduction of limila (except as !he result of lbe payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, retum receipt requested, not Jess than thirty (30) days prior to the effective date thereof. Jn 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 Ibis notice requiremcnt. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, fron:i all claims, losses and liabilities ari~g 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. J-21 8. lt is hereby abrreed lhal the laws of tlle Stale of California shall apply to and govern the validity, construction, inlerprclation, and enforcement of this contract ofinsurence. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: l 0. Except as staled above and not in conflict with this endorsement, nothing contained herein shall be held lo waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE 01' COVERAOES TO WHICH THISENQQRSEMENT AllAC!jC§ POl.lCY PERlOl'l fBOM!TQ UMITSOF YABll.ITY J 1. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: o Contractual Liability a Ownets/Landlordstrenants o Manufaat:urers/Contractors ~ Products/Completed Operations )Q. Broad Fonn Property Damage o Extended Bodily Iajury o Broad Form Comprehensive General Liability Endorsement ~ Explosion Hazard "f_ Collapse Hazard ~ Underground Property Damage o Pollution Liability o Liquor Liability.pl )l( ~ffiA(<..t 0 ~~~~~~~~~~ 0 ~~~~~~~~~~ 12. A o deductible or o self~insured retention (check one) of$ b\:)n4.... applies to all coverage(s) except: ____________________ _ (if none, so sic.le). The deductible is applicable o per claim or o per occurrence (check one). 13. I, (print name), hereby declare under penalty ury under the aws of the Stale of California, that l have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed 'M.e '{r Q.q , 2ot::8, Telephone No.: (9_\?a. (Original signature only; no facsimile signature or initialed signature accepted) J-22 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Notwithstanding any inoonaistent 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; l. The ~ ~ ~c.J,,6 Pa..las V.().¥d.ie.:s ("Public Agency"). its electedO cii. officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds arc 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 insur1111ce maintained bythe 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 the limit.s 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 po1icy 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 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 insUnince) includes liability assumed by the Named Jn.sured under the indemnification and/or hold hannl~Sll provision(s) contained or executed in conjunction with the written agreement(s) orpennil(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 m coverage, reduction of limits (except as the result of the payment of claims). or non~renew11l exccvt aft.er written notice to Public Agency, ~y certified mail, return receipt requested, not Jess than thirty(30) days prior to the effective date thereto. Jn the event of Company's failure to comply with tb~s notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requiremeot. 7, Company hereby waives all rights of subrogation and contn'bution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities aris~ng out of or incident to the perils insured against in relation to those activities described generally above w1th regard to operations perfonned by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. ,... .... J-23 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. 9. This endorsement and all notices given hereunder shall be sent to Publfo Agency at: City Manager CityofRancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes. California 90275 I 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. TYPE OF COVBR.AO.ES TO WHICH THIS flNOORSftMENT A:w&HJ!S l\.ftlo \j~ POUCY PEll.IOD EB.QMQ:Q lo-\-~ ho I UMITSOF UADn.nx ~ \pDD 1 000 (l;QL 11. Scheduled items or locations are lo be identified on an attached sheet. The following inclusions relate to the above coverages, Includes: ~ Any Automobiles o All Owned Automobiles tf4 Non-owned Automobiles ? Hired Automobiles Scheduled Automobiles o Garage Coverage o Truckers Coverage o Motor Canier Act o Bus Regulatory Refonn Act a Public Livery Coverage a 0 12. Ao deductible or o self-inmred retention (check one) ofS NO'<"Je ,,,1 applies to all poverage( s) except: ___ (if none, so state). The deductible is appJicableG per claim orO per occurrence (check one). 13. This is an)( occurrence or o claims made pol.icy (check one). 14. This endorsement is effective on lo:J :ffi al 12:01 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 l have the authority to bind the Company lo tbis endorsement and that by my execution hereof, I do so bind the Company. Bxecutod N\o 1 f .9.C\ I , , 20..ct\ (Original signature only; nofocsimUe signature or iniJialed signature accepted) J-24 ADDITIONAL INSURED ENDORSEMENT General description ofagreement(s), permit(s), license(s), and/or (lc/ivity(ies) insured: Notwithstanding any inconsistent statement in the policy to which thi$ endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: {"Pu~lic 1Ageney~eits e1<!:.t1:lm'f! o~~; !:a:.'~pl!~~unteem are additional insureds (the above named additional insureds are bereafter referred to as the .. Additional Insureds") under the Policy in relation to !hose activities described genetally above with regard to operations perfotmed by or on behalf of the Named Insured. The Additional lnsureds 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 shaJI apply separately to each Additional Insured against whom claim is made or suit is brought, except with n.:spect to the limits of the Company's liability. 4. NoU1ing in this contract of insurance sball be conJtrued to preclude coverage of a claim by one insured under the policy against another insured under the policy. AU 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 containc::d in this provision shall operate to increase or replieate the Company's limits ofliability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (Sllbject to the terms, conditions and exclusions applicable to such lnlillrance) includcaliabilityassumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with lhc written agrecment(s) or pennit(s) designated above, between tha Named Insur~ and the Additional Insureds. 6. The policy to which this endo111ement is attaohed shall not be subject to canoellation, change in coverage, reduction of limits (except as the result oflhe payment of claims), or non-renewal except afler written notice to Public Agency, by certified mail, return receipt requested, not less than thirty(30) da:ys prior to 1he effective date ihereto. ln the event ofCompanys failure to comply with this notice provision, the poJicy 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 contn'bution against lhc Additional Insureds, while acting within the scope oftheir duties, from aU claims, losses and liabilities arlaing out ofor incident to the perils insured against in relation to those :activities described generally above with regard to operations perfotmed by or on behalfof the Named Insured regardless of a:ny prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the St.ate of Califo~ia shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. J-25 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 eodorsemenl, nothing contained herein shall be held to waive, alter or extend any onbe limits, agreements, or exclusions of ~le policy to which this endorsement is attached. ~ =~ingFonn ~mbrella Liability 0 ~~~~~~~~~~~~~~~ 11. Applicable underlying coverages: 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. Ao deductible ~"insured rctenlion (check one) of$ ft/,(} CJO applies to all coverage(s) except: I (if none, so state). 11ie deductible is applicable o per claim or o per occurrence (check one). 14. This ,, "?)loco•mnoo or c elaitmw 7}." (check .... ). 15. This endorsement is effective on 0 at 12:01 a.m. and fonns a part of Policy Number I. _ __._· ~~"""---=s~~-.,.-...-,-­ declare under penalty of peij(i1~tftl' Telephone No.: (d-\~ ) la<84'tl <( ~ (Original signature only; no facsimile signaturl! or initialed sigtiature accepte.d) J-26 June 16, 2009 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 lnsm.1nce and Risk Management Spec1altsrs Re: Certificate of Liability Insurance Joe's Sweeping, Inc. D 0 BA Nationwide Environmental Services And JNL Building Services 11914 Front Street Norwalk, CA 900650 Gentlemen, RECEIVED Clty of Rancllo Palos Verdes JUN 1 8 70U9 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. J-27 Attachment 2 First Amendment to Agreement between The City of Rancho Palos Verdes and Nationwide Environmental Services div. of Joe's Sweeping, Inc. This agreement is the first amendment 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. 1 a. 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: L By: &~:z. 7lt~. City Clerk CITY OF RANCHO PALOS VERDES ("CITY") By:~~ Mayor NATIONWIDE ENVIRONMENTAL SERVICE div. OF JOE'S SWEEPING, INC. ("CONTRA~ !7 ,--~ Signature:_~=-.......,,_,, ..... ~ Printed Name: Ani Samuelian Title: Vice President J-28 Attachment 3 Second Amendment to Agreement between the City of Rancho Palos Verdes and Nationwide Environmental Services Div. of Joe's Sweeping, Inc. This agreement is the second amendment ("Second Amendment") to the street sweeping services agreement between the City of Rancho Palos Verdes ("City") and Nationwide Environmental Services Div. of Joe's Sweeping, Inc. ("Contractor''), dated May 19, 2009 ("Agreement"). The first amendment, which was effective July 1, 2012, extended the term of the Agreement for one year. This Second Amendment is effective as of July 1, 2013, and is being made to extend the term of the Agreement for one year more year. Section 1. Section 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." Section 3. Section 9( 1 ) of the Agreement is hereby amended to read as follows: "All insurance policies shall provide that the insurance coverage shall not be cancelled or modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof. Additionally, Contractor shall provide notice to the City within three business days if it receives a cancellation or policy revision notice from the insurer. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage." Section 4. Section 9(3) of the Agreement is hereby amended to re~d 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 J-29 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. 11911\ Pront street Norwalk , CA 90fi50 " 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 J-30 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: (£t?A.(/J_ ?.gp7JJ!.rde 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[ £2s-f+= ~ J ~ Mayor J-31 Third Amendment to Agreement between the City of Rancho Palos Verdes and Nationwide Environmental Services Div. of Joe's Sweeping, Inc. This agreement is the third amendment ("Third 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. The second amendment, which was effective July 1, 2013, likewise extended the term of the Agreement for one year. This Third Amendment is in effect as of September 16, 2014, and is being made to extend the term of the Agreement for one more year. Section 1. The name of the Contractor is hereby amended from "Nationwide Environmental Services Div. of Joe's Sweeping, Inc." to "Joe's Sweeping, Inc. d/b/a Nationwide Environmental Services." Section 2. Section 1 a of the Agreement is hereby amended to read as follows: "Term of Contract. This Agreement shall commence on July 1, 2009, and shall terminate on June 30, 2015, unless sooner terminated pursuant to Section 5 of this Agreement." Section 3. Section 10 of the Agreement is hereby amended 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: Michael Throne, Public Works Director City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: Never Samuelian Joe's Sweeping, Inc. 11914 Front Street Norwalk, CA 90650" R6876-0001\1542106v1 .doc J-32 Section 4. The following Section 11 is hereby added to the Agreement: "Licensed in accordance with the City of Rancho Palos Verdes under "Nationwide Environmental Services," license number 3274-14, which was issued on January 9, 2014. Section 5. The following Section 12 is added to the Agreement: "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 Contract." Section 6. Contractor shall obtain new faithful performance and payment bonds to cover the period of time from September 16, 2014 through June 30, 2015, each in an amount that is not less than the total compensation amount of this Third Amendment; in lieu of a new faithful performance bond, Contractor may submit proof from the surety company that the existing faithful performance bond has been extended for duration of the new term. All bonds must be submitted using the required forms, which are attached hereto and incorporated herein by this reference, or in any other form approved by the City Attorney." · 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. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the date and year written below. [Signatures on next page] R6876-0001\1542106v1 .doc J-33 Dated: September __ , 2014 ATTEST: By: ___________ _ City Clerk R6876-0001\1542106v1 .doc JOE'S SWEEPING, INC. d/b/a NATIONWIDE ENVIRONMENTAL SERVICES ("Contractor") Printed Name: -------- Title: ----------- Printed Name: -------- Title: ----------- CITY OF RANCHO PALOS VERDES ("City") By: ___________ ~ Mayor J-34 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: Bond No. ---- WHEREAS the City of Rancho Palos Verdes ("Public Agency"), State of California, has awarded to _____________________________ ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: STREET SWEEPING SERVICES FY 14-15 WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and-------------- (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 and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ___________________________ _ Dollars($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the Principal, any of its subcontractors, or both the Principal and its subcontractors pursuant to Labor Code § 17 41, and upon expiration of the time within which a joint labor management committee may commence an action against the Principal, any of its subcontractors, or both the Principal and its subcontractors pursuant to Labor Code § 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. R6876-0001\1542106v1 .doc J-35 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 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: "Principal" Its By: Its (Seal) "Surety" By: Its 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 attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DA TE OF BOND MUST NOT BE PRIOR TO DA TE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California. R6876-0001\1542106v1 .doc J-36 Bond No. ___ _ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to _____ _ --------------...,.---------------<"Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: STREET SWEEPING SERVICES FY 14-15 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 -------------- (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 __________ _ Dollars($ }, 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, successors executors and administrators, 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, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. 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. R6876-0001\1542106v1 .doc J-37 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: ------------- "Principal" By: Its By: ~--------------Its (Seal) "Surety" Its 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 attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DA TE OF BOND MUST NOT BE PRIOR TO DA TE OF CONTRA CT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California. R6876-0001\1542106v1 .doc J-38