CONTRACT 3168 Maintenance and Repair Agreement CLOSEDORIGINAL
STREET SWEEPING AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
JOE'S SWEEPING, INC.
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 1st day of
July, 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY") and JOE'S SWEEPING, INC., a California Corporation
( "CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR as follows:
i. For the first and second years of the term: a total of $142,000;
ii. For the third year of the term: a total of $146,100;
iii. For any renewed term: a price to be negotiated.
D. CITY will have at least thirty (30) days after receiving CONTRACTOR's invoice
to pay CONTRACTOR. Payments will be made on a monthly basis.
2. TERM. The term of this Agreement will be from July 1, 2003, to June 30, 2006. CITY may
exercise an option to renew this Agreement for an additional three (3) years, for a total of six (6)
years. CITY must notify CONTRACTOR of exercising such options thirty (30) days before the
initial term expires.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit "A," which
is incorporated by reference.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAELING WAGES.
A. This project requires payment of State prevailing rates of wages for Los Angeles
County. CONTRACTOR must post copies of the prevailing schedule at each job
site. Copies of these rates of wages are available from the State of California
Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415)
703 -4774. The website for this agency is currently located at www dirr na om
B. CONTRACTOR must keep an accurate certified payroll records showing the
name, occupation, and the actual per diem wages paid to each worker employed
in connection with this Agreement. The record will be kept open at all reasonable
hours to CITY's inspection and to the Division of Labor Law Enforcement. If
requested by CITY, the Contractor must provide copies of the records at its own
cost.
5. FAMELIARITY WITH WORK
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times
this Agreement is effective, CONTRACTOR will procure and maintain the
following types of insurance with coverage limits complying, at a minimum, with
the limits set forth below:
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Commercial general liability:
Business automobile liability
Workers compensation
$1,000,000
$1,000,000
Statutory requirement.
3,168 -,a
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by City will be excess
thereto. Such insurance will be on an "occurrence," not a "claims made," basis
and will not be cancelable or subject to reduction except upon thirty (30) days
prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with
regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TEHE FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its performance. Should
CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this Agreement,
or its performance, CONTRACTOR will defend CITY (at CITY's request and
with counsel satisfactory to CITY) and will indemnify CITY for any judgment
rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
11. NOTICES.
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® . . a
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: City of EI Segundo
350 Main Street
El Segundo, CA 90245 -3895
To CONTRACTOR: Nationwide Environmental Services
11914 Front Street
Norwalk, CA 90650
Fax: 562- 868 -5726
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant, or condition contained in this Agreement, whether of the same or
different character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
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19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CI TY's city manager may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIlVIILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, embargo, government action, civil or military authority, the natural elements, or
other similar causes beyond the Parties' control, then the Agreement will immediately terminate
without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting elevator maintenance. To the extent
that there are additional terms and conditions contained in Exhibit "A" that are not in conflict
with this Agreement, those terms are incorporated as if fully set forth above. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
[Signatures on next page]
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO,
a general law
e , City Manager AS
ATTEST:
Cindy Moio en, City Clerk
JOE'S SWEEPING, INC.,
a California Corporation.
President NEVER SAMUELIAN
Secre SUZY SAMUELIAN
arl H. Berger, Assista t City Attorney
316 8 ' a 0, s M
EXHIBIT A
Nationwide Environmental Services
Division of Joe's Sweeping, Inc.
First Year costs = $136,527.62 + $5,476 for biweekly downtown cleaning = $142,003.62
Second Year costs = $136,527.62 + $5,476 for bi- weekly downtown cleaning = $142,003.62
Third Year costs = $140,426.65 + $5,624 for bi weekly downtown cleaning = $146,050.65
Total 3 year contract = $430,057.89
CITY OF EL SEGUNDO
RFP # 03 -01
MAIN SID ITEMS
(All streets except Downtown Area
and all alleys and parking lots)
ITEM
NO.
ESTIMATED
QUANTITIES
DESCRIPTION & PRICE
WRITTEN IN WORDS
UNIT PRICE
IN FIGURES
AMOUNT
Sweeping price per curb mile of streets and
1
8,574
alleys (weekly). First Year (July 1, 2003 - June
curb miles
30, 2004) Fourteen_ Dollars and
Eighty Cents
$ 14,80
Per cm
$126,836.0
2
18,551,468
Sweeping price per square foot of parking lots
(weekly). First Year (July 1, 2003 - June 30,
SF
2004)
$ 0 .00042
$_7 , 791 . 62
Per
Hourly rate for additional sweeping.
3
20
hours
First Year (July 1, 2003 - June 30, 2004)
Ninety
$ 95.00
$ 1,900.00
No r'Pn t_ c
Per
Sweeping price per curb mite of streets and
4
8,570
curb miles
alleys (weekly). Second Year (July 1, 2004 -
June3Q,2005) _Fourteen Dol larc
and Eighty cents
]_
14.80
'Pim-r r-M
$126,836.0
5
18,551,468
SF
Sweeping price per square foot of parking lots
(weekly). Second Year (July 1, 2004 -June 30,
2005)
$ 0.00042
$ 7, 791 . 62
Per Scr. Ft.
6
20
hours
Hourly rate for additional sweeping.
Second Year (July 1, 2004 - June 30, 2005)
Ninety Five Dollars and No
$95.00
$ 1,900.00
Cents
7
8,570
curb miles
Sweeping price per curb mile of streets and
alleys (weekly). Third Year (July 1, 2005 - June
30, 2006) Fif teen no 1 1 a r s a m
Twenty cents
$ 1 5.2 0
s1 3 0, 2 6 4.0
8
18,551,468
SF
Sweeping price per square foot of parking lots
(weekly). Third Year (July 1, 2005 - June 30,
2406)
$ 0.00044
$8,162.65
Per S . Ft.
9
20
hours
Hourly rate for additional sweeping.
Third Year (July 1, 2005 - June 30, 2006)
One Hundred Onl l arG an(j Nn
$100.00 _
Per Hour
$ `, 000.00
Cents
TOTAL SID (Items 7 -9) $ 413, 4 81 .8 9
TOTAL BID WRITTEN IN WORDS Four Hundred Thirteen Thousand
Four Hundred Eighty One Dollars and Eighty Nine Cents
1 of Z
CITY OF EL SEGUNDO
RFP # 03 -01
ALTERNATE BID ITEMS
(Streets in downtown area)
ALTERNATE BID'A':
f
ITEM
NO.
ESTIMATED
QUANTITIES
DESCRIPTION & PRICE
WRITTEN IN WORDS
UNIT PRICE
IN FIGURES
AMOUNT
1A
185
curb miles
Sweeping price per curb mile of streets in the
downtown area (biweekly).
First Year (July 1, 2003 — June 30, 2004)
Twenty -nine Dollars and Sixty Cents
$ 29.60
$5,476.00
2A
185
curb miles
Sweeping price per curb mile of streets in the
downtown area (bi weekly).
Second Year (July 1, 2004 — June 30, 2005)
Twenty-nine Dollars and Sixty Cents
$ 29.60
$5,476.00
3A
185
curb miles
Sweeping price per curb mile of streets in the
downtown area (bi weekly).
Third Year (July 1, 2005 — June 30, 2006)
Thirty ollars and Forty Cents
rtv rtv
$ 30.40
$ 5.624.00
TOTAL ALTERNATE BID `A' $ 16,576.00
TOTAL ALTERNATE BID'A' WRITTEN IN WORDS
Sixteen Thousand Five Hundred Seventy Six and No Cents
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