RPVCCA_CC_SR_2012_05_15_D_Agreement_Amendment_For_Street_Sweeping_ServicesCITY OF RANCHO PALOS VERDES
MEMORANDUM
HONORABLE MAYOR &CITY COUNCIL MEMBERS
TOM ODOM,DIRECTOR OF PUBLIC WORKfj~
MAY 15,2012
REVIEWED:
APPROVE FIRST AMENDMENT TO AGREEMENT WITH
NATIONWIDE ENVIRONMENTAL SERVICES A DIVISION OF
JOE'S SWEEPING INC.,FOR STREET SWEEPING SERVICES.
(hi Support of 2012 City Council Goal #5:Review Existing
Contracts/Consultants).
CAROLYN LEHR,CITY MANAGER ~
Project Manager:Emilio Blanco,Maintenance Superintendent ~_
TO:
FROM:
DATE:
SUBJECT:
RECOMMENDATIONS
Approve and execute first amendment to the agreement for one fiscal year effective
July 1,2012,to June 30,2013,with Nationwide Environmental a Division of Joe's
Sweeping Inc.,for Street Sweeping Services.
BACKGROUND
On May 19,2009,the City Council awarded a contract to Nationwide Environmental
for the City's Street Sweeping Services.The contract had an initial term of three years
with the possibility of three (3)one year amendments and the original term will expire
June 30,2012.
CONCLUSION
Based on Staff analysis and Nationwide Environmental Services street sweeping prices
(Exhibit 3),satisfactory performance in terms of quality of work,timely performance,
and their ability to provide additional sweeping services on short notice staff
recommends the approval of the first amendment in accordance with the current
agreement.
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RECOMMENDATION
Approve the first Amendment to the agreement for street sweeping services allowing
time for staff to evaluate additional sweeping days,GIS tracking,100%debris recycling.
Staff will continue to add services,update specifications for maintenance services with
the most recent technical and safety regulations for fiscal year 2013-2014 and beyond.
The First Amendment to Nationwide Environmental a Division of Joe's Sweeping Inc.,
for Street Sweeping Services extends the original agreement for the period of July 1,
2012 to June 30,2013.Staff requests the Council's approval and the Mayor's
execution of this one-year amendment agreement.
FISCAL IMPACT
The adopted FY 2012-2013 budget provides adequate funding for the staff
recommendation.The funding source for this contract is Street Maintenance-Non
Pavement·Budget Program.
ATTACHMENTS
•Exhibit 1:The Original Agreement
•Exhibit 2:The First Amendment to Nationwide Environmental Services a Division
of Joe's Sweeping Inc.,for Street Sweeping Services.
•Exhibit 3:Price Comparison for Street Sweeping Services
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Exhibit 1
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12
THIS AGREEMENT is made and entered this Nineteenth day of May,200.2.-,by and between the CITY
OF RANCHO PALOS VERDES,hereinafter referred to as "City"and NATIONWIDE ENVIRONMENTAL
SERVICES DIY.OF JOE'S SWEEPING,INC.,hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS,Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by
this reference,and
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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
2009110-2010/11-2011/12 as described in these Plans and Specifications,attached hereto and
incorporated herein by this reference,including miscellaneous appurtenant work.Such work shall be
performed in a good and workmanlike manner,under the terms as stated herein and in these Plans and
Specifications,and in accordance with the latest edition ofthe Joint Cooperative Committee,Southern
California Chapters of the American Public Works Association and the Associated General
Contractors of America,document entitled "Standard Specifications."In the event of any conflict
between the terms of this agreement and any of the above-referenced documents,the terms of this
agreement shall be controlling.
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 ofthe Proposal,attached hereto as a part ofthese
Plans and Specifications and in accordance with the Special Provisions.
3.Independent Contractor.It is specifically understood and agreed by all parties hereto that Contractor
is,for the purposes of this Agreement,an independent contractor and not an employee of the City.
Accordingly,Contractor shall not be deemed the City's employee for any purpose whatsoever.
Contractor shall not incur or have the power to incur any debt,obligation or liability whatever for or
against City.
4.Assignment.This agreement may not be assigned by Contractor,in whole or in part,without the prior
written consent of City.
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5.Tennination.This Agreement may be canceled by City at any time without penalty upon thirty-(30)
days'written notice.In the event of tennination without fault of Contractor,the City shall pay
Contractor for all services rendered prior to date of tennination,and such payment shall be in full
satisfaction of all services rendered hereunder.
6.Workers'Compensation Insurance.California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees.In accordance
with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows:
"I am aware ofthe provisions of Section 3700 ofthe Labor
Code which require every employer to be insured against
liability for workers'compensation or to under take self-
insurance in accordance with the provisions of that code,
and I will comply with such provisions before commencing
the perfonnance of the work of this contract."
7.Dispute Resolution.This contract is subject to the provision of Article 1.5 (commencing at Section
20104)ofDivision 2,Part 3 ofthe California Public Contract Code regarding the resolution ofpublic
works claims ofless than $375,000.Article 1.5 mandates certain procedures for the filing of claims
and supporting documentation by the contractor,for the response to such claims by the contracting
public agency,for a mandatory meet and confer conference upon the request of the contractor,for
mandatory non-binding mediation in the event oflitigation is commenced,and for 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 ofAttorney Fees &Costs.Should either party bring any action to protect or enforce its
rights hereunder,the prevailing party in such action shall be entitled to recover,in addition to all other
relief,its reasonable attorney fees and court costs.
9.Insurance Requirements.The Contractor shall at all times,during the tenn 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:vn 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 perfonnance ofservices under this Agreement;(2)
automotive liability insurance with a minimum combined single limits coverage of One Million
Dollars ($1,000,000.00)with an aggregate ofTwo Million Dollars ($2,000,000.00);and (3)worker's
compensation insurance as required by law.The Contractor shall at all times during the tenn of this
contract carry,maintain and keep in full force and effect a policy or p'olicies of Workers'
Compensation insurance and 'shall provide to the City evidence ofsuch coverage in the fonn set forth
herein.The City,its officers,employees,attorneys,and volunteers shall be named as additional
insured on the policy (ies)as to comprehensive general liability,property damage,and worker's
compensation coverages.
1.All insurance policies shall provide that the insurance coverage shall not be non-renewed,canceled,
reduced,or otherwise modified (except through addition 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.
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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 ofthe 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.09 O{)OtJ 3214 Date Issued:---"'-.L......:..=--II---"------
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above
written.
::Y_-O"""""-otI"--:~~Mayor
ATTEST:l--4i>.BY:~~
City Clerk
CONTRACTOR:
By:~_~ktd
Never SamueJjan
Printed Name
May 29,2009
Date
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Exhibit 2
First Amendment to Agreement between
The City of Rancho Palos Verdes and
Nationwide Environmental Services div.of Joe's Sweeping,Inc.
This agreement is the first amendment ("Amendment")to the Street Sweeping
Maintenance Services between the City of Rancho Palos Verdes ("City")and Nationwide
Environmental Services a Division of Joe's Sweeping,Inc.("Contractor"),dated May 19,
2009 ("Agreement").This Amendment is effective as of July 1,2012 and is being made to
extend the term of the Agreement for one year.
Section 1.Section 1a of Agreement is hereby amended to read as follows:
"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,all other
provisions of the Agreement shall remain in full force and effect as written in the
Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of
the date and year first above written.
Dated:_NATIONWIDE ENVIRONMENTAL
SERVICE A DIVISION OF JOE'S
SWEEPING,INC.("Contractor")
Signature:_
Printed Name:_
Title:_
Signature:_
Printed Name:_
Title:_
[Signatures continued on next page.]
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ATTEST:
By:-------
City Clerk
CITY OF RANCHO PALOS VERDES
("City")
By:_
Mayor
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'Exhibit 3
SURVEY
NAME FREQUENCY CURB MILE
RATE
South Whittier Weekly $30.60
Lawndale Weekly $32.29
Rolling Hills Estates Twice a Month $22.90
Rancho Palos Verdes Once a Month $24.80
Garden Grove Twice a Month $33.80
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