CONTRACT 5758 Service AgreementAgreement No. 5758
AGREEMENT FOR STREET SWEEPING SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
JOE'S SWEEPING, INC., dba NATIONWIDE ENVIRONMENTAL SERVICES
THIS STREET SWEEPING AGREEMENT ("Agreement") is made and entered into this
30th day of September, 2019, by and between the CITY OF EL SEGUNDO, a general law city
and municipal corporation ("CITY") and JOE'S SWEEPING, INC., a California corporation, dba
NATIONWIDE ENVIRONMENTAL SERVICES ("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 for its services
as follows:
i. For the first year of the agreement (2019/20), an annual base rate of
$204,370.60 and a monthly base rate of $17,030.88;
ii. For the second year of the agreement (2020/21), an annual base rate of
$204,370.60 and a monthly base rate of $17,030.88;
iii. For the third year of the agreement (2021/22), an annual base rate of
$210,401.51 and a monthly base rate of $17,533.46;
iv. For the fourth year of the agreement (2022/23), an annual base rate of
$216,603.81 and a monthly base rate of $18,050.32;
V. For the fifth year of the agreement (2023/24), an annual base rate of
$216,603.81 and a monthly base rate of $18,050.32.
2. TERM; OPTIONS TO EXTEND. The term of this Agreement will be from October 1,
2019 to September 30, 2024. CITY may extend the term of this Agreement by written notice to
the CONTRACTOR no later than 30 days before the expiration of the term of this Agreement.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
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
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Agreement No. 5758
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
C. FUEL PRICING ADJUSTMENT. It is agreed that fuel used by
CONTRACTOR constitutes 17% of its total operating costs. It is agreed that the baseline
monthly fuel cost for CNG fuel is $3.38 per gallon. The Fuel Pricing Adjustment
is calculated according to the following formula:
Fuel Pricing Adjustment = 0.17 X Base Average Monthly Payment X [(Average
Monthly Fuel Cost/$3.38) -1]
The Average Monthly Fuel Cost is the average price of fuel per gallon of
CNG purchased by CONTRACTOR for performance of this Agreement
(and solely within CITY's jurisdictional boundaries) in the month for which
payment is invoiced. The Fuel Pricing Adjustment cannot exceed 8.5%
of the Base Monthly Payment. The total Fuel Pricing Adjustments in any
year cannot exceed 8.5% of the of the Annual Total of Base Monthly
Payments. Fuel Pricing Adjustment cannot be compounded from month
to month. The Public Works Director may approve, partially approve or
deny the Fuel Pricing Adjustment.
i. F`xamole. In the first month of the first year of the contract term the
average price of fuel is $3.38 per gallon. MONTHLY PAYMENT =
$17,030.88 + 0.17 X $17,618.51 X ($3.48/$3.38-1) = $17,116.54
ii. Example. In the second month of the first year of the contract term the
average price of fuel is $3.28 per gallon. MONTHLY PAYMENT =
$17,030.88 + 0.17 X $17,030.88 X ($3.28/$3.38-1) = $16,945.23
iii. xam le. The maximum monthly payment in the first year (as increased
by the maximum fuel pricing adjustment) is $17,030.88 + 8.5% _
$18,478.51. The maximum total of payments in the first year is
$204,370.60 + 8.5% = $221,742.10
iv. Exam le. The minimum monthly payment in the first year, as decreased
by the maximum fuel pricing adjustment is $17,030.88 - 8.5 % =$15,583.26. The
minimum total of payments in the first year is $204,370.60 - 8.5% = $186,999.10
4. PREVAILING WAGES. —N/A.
5. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement,
CONTRACTOR must submit a detailed invoice to CITY.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
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Agreement No. 5758
has
i„ Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iiia 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.
7. 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:
Tvoe of lrIsurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined shiale)
$2,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88, or equivalent. 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 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
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Agreement No. 5758
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.
8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 7 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.
9. 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.
10, INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
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Agreement No. 5758
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 volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
11. 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 it is 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.
12. NOTICES.
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: Ken Berkman
City of El Segundo
350 Main Street
El Segundo, CA 90245
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Agreement No. 5758
To CONTRACTOR: Ani Samuelian
Nationwide Environmental Services
11914 Front Street
Norwalk, CA 90650
Ani@nes-sweeping.com
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.
13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with
a Taxpayer Identification Number.
14. 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.
15. 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.
16. 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.
17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
18. 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.
19. 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.
20. AUTHORITY/MODIFICATION. 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.
Page 6 of 8
Agreement No. 5758
21. ACCEPTANCE OF ELECTRONIC 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 electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature
will be treated in all respects as having the same effect as an original signature.
22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its exhibits, the purchase order, or notice to proceed,
the provisions of this Agreement will govern and control.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, war, terrorist act, 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 exhibit(s) constitute the sole agreement
between CONTRACTOR and CITY respecting the services described in scope of work. 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 FOLLOWING PAGE]
Page 7 of 8
Agreement No. 5758
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUN O
a gphcral law city.
/�ndt�
Scott Mitnick,
City Manager
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM.
_...................."'
Mark. Hensley,
City Attorney
Insurance Reviewed by: 7�
7-C71 -1
JOE*„S. EE NO, INC.
8y: ni Samuelian
Its: President
Taxpayer ID No. 95-4251996
Contractor State License No. N/A
Contractor City Business
License No. 12786
Page 8 of 8
City of El Segundo
Street sweeping Specifications
EXHIBIT A
SCOPE OF THE WORD
Agreement No. 5758
Page 1
A. Work to be performed: The purpose of this contract will be to provide a thorough, timely,
and responsive sweeping of streets and alleys. These specifications will be interpreted toward
that purpose.
The work to be done under this contract includes furnishing of all labor, material,
equipment, tools, and any other incidental expense necessary to perform the following
services for the City of El Segundo:
1. Unless otherwise provided, the Contractor will sweep City streets, alleys and parking
lots of all debris and refuse for a period of five (5) years.
2. Parking lots, streets and alleys in the downtown area, including medians and
intersections, must be swept one (1) time each week according to the schedule provided
by the Street Maintenance Supervisor.
3. Additional sweeping, for which the Contractor is entitled to additional compensation as
provided in Section IV (a), may be required as follows:
a. imergencv SweegiLi& Contractor must respond within one (1) hour to
emergency requests for cleanup.
b. Special Events. Contractor must provide street sweeping for special
e v e n t s (such as parades, street fairs, etc.) After receiving appropriate n o t i c e
from the City.
4. Contractor must dump debris and refuse
collected from City streets at a site provided by the City. Site will be located at the City
of El Segundo Maintenance Facility, 150 Illinois Street, and E1 Segundo. Hauling
and disposal of collected refuse from the disposal site is the responsibility of the City.
5. Water. City will provide sufficient water for the street sweeping equipment necessary to
comply with these specifications. Contractor to make arrangements with the Water/
Wastewater Division for available fire hydrants. The Contractor must take measures to.
Avoid wasting water and conserve wherever and whenever possible in operations.
6. Daily Statement. Contractor m u s t submit a daily statement r e p o rt i n g total loads
of debris and refuse hauled to dumpsite. Contractor must also submit a daily statement
reporting sweeper miles.
B. Working Hours.
1. Business districts must be swept between the hours of 3:00 a.m. And 7:00 a.m. In
accordance with the schedule provided by the Street Maintenance Supervisor.
City of El Segundo
Street sweeping Specifications
Agreement No. 5758
Page 2
2. Residential districts must be swept between the hours of 7:00 a.m. and 1:00 p.m. in
accordance with the schedule provided by the Street Maintenance Supervisor.
C. L4QuiVjncpt and Ilse1 . Contractor's street sweeping equipment must meet the
following requirements:
1. Street sweeping equipment and performance must comply with the highest standards of
the industry. Sweeper speed and broom pattern must follow manufacturer's
recommendations.
2. Contractor must use standard heavy street sweeping equipment as needed to clean the
City streets of paper, dirt, rocks, leaves and debris.
3. Contractor. Must use equipment deemed acceptable by express written approval of the
Director of Public Works. Equipment must comply with all appropriate Federal and
State Regulations including meeting all current Air Quality Management District
regulations.
5. Contractor's equipment is subject to inspection by the Director of Public Works, or
designee. Upon written notification that any equipment does not comply with the
City's standards, the contractor must remove such equipment from service and not
again use unless inspected and approved in writing by the Director of Public Works.
D. Public Relations.
1. Contractor is required to have radio -equipped street sweepers or a supervisor available
by telephone on a twenty-four (24) hour basis who is assigned to provide direct and
prompt attention to requests from the City for emergency service.
2. Contractor must, in person or through its agent, investigate any complaint which may
concern, or be involved in, the performance of the contract. Contractor will report to
the Director of Public Works, or designee, the following working day as to the action
taken with reference to the complaint and, when necessary, complete the Service
Request form which will remain on file at City Hall. Complaints received before noon -
must be answered the same day; complaints received after noon may be answered the
following day.
E. Sweenina Routes. City will provide Contractor with schedule and map delineating those
districts within the City marked for sweeping Monday through Friday inclusive. The
sweeping schedule must be maintained unless a change therein is first approved in writing
by the Director of Public Works and notice is given as provided below.
F. Failure to Sweet). Should the Contractor fail to sweep, or should the City temporarily
exclude streets from sweeping (i.e., streets that are closed for construction activity), the
City will deduct from the Contractor's next monthly payment a sum of money equal to the
number of hours not swept, divided by the number of hours to be swept during the month,
times the monthly payment.
City of El Segundo
Street sweeping Specifications
Agreement No. 5758
Page 3
G. Office for Inquiries and Complaints. The Contractor will maintain an office at a fixed
location and maintain a telephone. The telephone number must be listed in the telephone
directory in the contractor's name. A contractor representative must be available to answer
the phone between the hours of 8:OOa.m. And 5:OOp.m. each working day. The telephone
number of a designated employee, available between 5:00 p.m. And 8:00 a.m.
For emergency calls and complaints, must be furnished the Director of Public Works. The
contractor must maintain a written log of all complaints including a description of what
action was taken or the reason for non -action. The log is City property, a public record,
and opens to the City's scrutiny.
The Contractor must make every commercially reasonable effort to respond to complaints
on the same day they are received and must report to the Director of Public Works within
twenty-four (24) hours as to the action taken concerning each complaint.
City of El Segundo
Street Sweeping Specifications
CITY OPERATED PARKING LOTS
Agreement No. 5758
LOCATION / DESCRIPTION OF LOTS
DIMENSIONS
ANNUAL SQ. FT.
1. N/W of Richmond St. and Franklin Ave.
125' x 140'
910,000
2. E of Main St. between Pine Ave. and Holly Ave.
50' x 140'
364,000
3. S/W of Main St. and Mariposa Ave.
100' x 140'
728,000
4. S/E of Standard St. and Holly Ave.
75' x 140'
546,000
5. N of Grand Ave. between Main St. and Standard St. (3 Lots Police & Fire)
80' x 150'
624,000
130' x 130'
878,800
100' x 140'
728,000
6. N/W Corner of Grand Ave. and Eucalyptus St.
40' x 130'
270,400
7. El Segundo Recreational Park (North Parking Lot)
150' x 335'
2,613,000
8. El Segundo Recreational Park (South Parking Lot)
70' x 700'
2,548,000
9. Water Division, 400 Lomita St.
70' x 250'
910,000
10. Water Division Parking Structure (Roof Lot)
130' x 200'
1,352,000
11. El Segundo Maintenance Facility, 150 Illinois St. (City Yard)
70' x 250'
910,000
Total Annual Square Feet
13,382,200
Agreement No. 5758
TOTAL BASE AMOUNT (Items 1-15) $1,052,350.33
TOTAL BASE AMOUNT WRITTEN IN WORDS
One Million. last"lv-Two Thousand_ "Three Hundred fifty Dollars and 'thirty -Three Cents
07/31/2019
CITY OF EL SEGUNDO
Streets, Alleys, and
Parking Lot Sweeping
FEESCHEDULE
Term: Five (5) years
I ITEM'
ll
ESTIMATED
UNIT PRICE
ANNUAL
TI
QUANTITIES
DESCRIPTION
IN FIGURES
AMOUNT
d
8,570
Sweeping of streets and alleys (weekly).
$21.90
$187,683.00
Curb Miles
First Year 2019/2020
Per Curb Mile
2
13,382,200
Sweeping of parking lots (weekly),
p 8 p g ( Y)• �
01
$0 0 247
� $16,687.60
Sq. Ft.
First Year 2019/2020
Sq. Ft,
Per S
3
20
Hourly rate for additional sweeping.
Free of Charge
Free of Charge
Hours
First Year 2019/2020
4
8,570
Sweeping of streets and alleys (weekly).
$21.90
$187,683.00
Curb Mile$
Second Year 2020/2021
Per Curb Mile
5
13,382,200
Sweeping of parking lots (weekly).
�
$0.001247
$16,687.60
Sq. Ft.
Second Year 2020/2021
Per Sq. Ft.
6
Hourly rate
a for additional sweeping.Free
'
of Charge
L.,,..Free of Charge
H
Hours
and Year 2020/2021
Second
7
8,570
Sweeping of streets and alleys (weekly).
$22.56
339.20
$193,339.20
Curb Miles
Third Year 2021/2022
Per Curb Mile
8
13,382,200
Sweeping ....
of parking lots (weekly).
$0.001275
$17,062.31
Third Year 2021/2022
Per Sq. Ft.
'
20
Hourly rate for additional sweeping.
Free o Charge
Free o Charge
Hours
Third Year 2021/2022
Sweepingsand alleys (weekly).
I
I
$199,166.80
10
Cgo
Curb Miles
Fourth Year 2022/2023
PerCurb Mile
1
13,382,200
Sweeping of parking lots (weekly).
$0.001303
$17,437.01
Sq. Ft.
Fourth Year 2022/2023
Per Sq. Ft.
2
20
Hourly rate for additional sweeping.
Free of Charge
Free o Charge
Hours
Fourth Year 2022/2023
13
8,570
Sweeping of streets and alleys (weekly).
$23.24
$199, 166.80
Curb Miles
Fifth Year 2023/2024
Per Curb Mile
14
13,382,200
Sweeping of parking lots (weekly),
$0.001303
$17,437.01
Sq. Ft.
Fifth Year 2023/2024
Per sq. Ft.
1
15
20
Hourly rate for additional sweeping.
Free of Charge
Free of Charge
Hours
Fifth Year 2023/2024
TOTAL BASE AMOUNT (Items 1-15) $1,052,350.33
TOTAL BASE AMOUNT WRITTEN IN WORDS
One Million. last"lv-Two Thousand_ "Three Hundred fifty Dollars and 'thirty -Three Cents
07/31/2019
Agreement No. 5758
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Agreement No. 5758
Ms. Jasmine Allen
Senior Management Analyst
City of El Segundo
350 Main Street
El Segundo, CA 90245
Street Sweeping Services Contract Extension
Dear Ms. Allen:
Nationwide Environmental Services (NES) is proud to be contracted with the City of El
Segundo and looks forward to continuing our relationship for many more years to come.
NES would like to renew the street sweeping contract for a five (5) year term beginning on
October 1, 2019 based on the current terms and conditions.
If you have any questions, please feel free to contact me at (562) 860-0604. Thank you for
your consider,tion.
AS/mm
11914 Front Street * Norwalk, California 90650 * (562) 860-0604 0 Fax (562) 868-5726
www.nes-sweeping.com