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Home My WebLink AboutNationwide Environmental Services, a Division of Joe's Sweeping, Inc. - 2021-10-01 SERVICE AGREEYIENT BETWEEN THE CITY OF 11UNTINGTON BEACH AND NATIONWIDE. ENVIRONMENTAL, SERVICES, A DIVISION OF.IOE'S SWEEPING, INC. FOR STREET SWEEPING THIS AGREEMI:N'h("Agreement") is made and entered into by and between the City of luntington Beach, a municipal corporation of the State of California, hereinafter called "City."and Nationwide Environmental Services, a division of Joe's Sweeping, Inc., a California Corporation hereinafter referred to as "Contractor." Citv and Contractor are collectively referred to as the "Parties". Recitals A. The City desires to retain a Contractor having special skill and knowledge in the Field of street sweeping. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor entered into a Consultant Agreement with the City of Nlaywood on or about July 1, 2021, referred to as the "City of Maywood Street Sweeping Agreement" City desires to "piggyback" on the City of Maywood Agreement pursuant to HBMC Section 3.02.190(C)(2), and unless otherwise noted, contained in this Agreement, or in conflict with this Agreement, the Parties wish to be bound by the same terms and conditions as the City of Maywood. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or fum in the field. Contractor has been selected to perform these SCI-VICeS putsuant to Huntington Beach Municipal Code Chapter 3.02.190(C)(2). NOW, THERI FORE, it is agreed by City and Contractor as follows: 1. Scone of Services Contractor shall provide all services as described in the City of Maywood Street Sweeping Agreement, which is attached hereto as Exhibit A and incorporated herein by reference. These services shall sometimes hereinafter be referred to as the "Project." All references to the City of Maywood shall mean City. 2 1-10 16512638 17 1 Contractor hereby designates Ani Samuelian who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed Eight Hundred Thirty Seven Thousand Four Hundred Fifty Dollars and Twenty Seven Cents($837,450.27) per year for any one year during the Term of this Agreement. b. Payment by City shall be made within thirty (30)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably he expected by City. C. Contractor shall be paid pursuant to the terms in Exhibit B 5. Term Time is of the essence of this Agreement. The services of Contractor are to commence (x}dner 1-5- 2021, or as soon as practicable after the execution of this Agreement by City(the"Commencement Date") and terminating five years later, on W, 2026. City may renew this Agreement for up to two (2)additional two- year to ms by notifying Contractor no less than thirty (30) days prior to the end of each term. 6. Extra Work In the event City requires additional services not included in the City of Maywood Agreement, or changes in the scope of services described in the City of Maywood Agreement, Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 7. Disposition of Plans, Estimates and (hhcr Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings,designs, reports, both field and office notices, calculations,computer code, language, date or programs, maps, memoranda, letters and 21-10165/263817 2 other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees tit. 8. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not i limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. I 9. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 el seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all t subcontractors to waive subrogation. I 10. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy ol'gencral public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall 21-10165/263817 3 provide coverage in not less than the following amount: combined single limit bodily igjury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. 11' coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must he no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided wider it form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 11, Automobile Liabilih' Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "C'i1y afHanlington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. i 12. Certificate of Insurance. Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however. ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. I I Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. I I I 21-10165/263817 4 This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay. in a prompt and timely manner, the premiums on the insurance hereinabove required. 13. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers. agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 14. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 15. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. 1 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. I I 16. Exclusivity and Amendment 1 This Agreement represents the complete and exclusive statement between the City ! and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any i attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized The parties agree that any terms or conditions of any representative of Contactor. 1 purchase order or other instrument that are inconsistent with, or in addition to, the terms I I 21-10165/263817 5 and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party. or anyone acting on behalf of any party, which are not embodied herein. 17. Assienment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 18. City Emnlovees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the i California Government Code. i 19. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section I hercinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Leach Nationwide Environmental Services Attn: Denny Bacon Attn: Ani Samuelian Public Works Dept., Operations Division 11914 Front Street 2000 Main Street Norwalk, CA 90650 Huntington Beach, CA 92648 20. Consent When City's consent/approval is required under this Agreement, its I consent/approval for one transaction or event shall not be deemed to be a consciWapproval to any suhsequenl occurrence of the same or any other transactions or event. 21-10165/263817 6 I 21. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and arc not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 23. Interpretation of this Agreement The language of all parts of this Agrcenient shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement; the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 24. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each ! duplicate original shall be deemed an original instrument as against any party who has signed it. 25. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions ofthe United States Code regarding employment verification. I 21-10165/263817 7 26. Legal Services Subcontracting Prohibited Contractor and Citv agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach Cay Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 27. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 28. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 29. Jurisdiction — Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 30. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. 21-101651263817 9 Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 31. Attornev's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the non-prevailing party. 32. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 33. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 34. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 35. Fntire(y (a) The parties acknowledge and agree that they arc entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agrcc nent. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. i 21-10165/263817 9 36. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, NATION W DE EN ONMENTAL municipal corporation of the State of SERV[ S, D [SION O J E'S C mia SWE ING By: City Manager �n� �rntl�liUl� ffid Print name ITS: Owner ie5,d1q)-` INITIATED AND Public Wor s i ector APPROVED AS TO FORM: 1�A- City Attorne30 RECEIVE. AND FILE: - � ZQ��nLd/ City Clerk Date 21-101651263917 10 U HIBIT A CITY OF MAYWOOD STREET SWEEPING AGREFINIENf 21-10165/263817 11 CITY OF MAYWOOD STREET SWEEPING AGREEMENT TI-IIS STREE'•T SWEEPING AGREEMENT ('Agreement') is made and entered into as of June 9. 2021, by and between the CITY OF MAYWOOD. a California municipal corporation ('City") and Nationwide Environmental Services, a division of Joe's Sweeping, Inc., a California Corporation ('Contractor'), each a "Party' and collectively. "the Parties." In consideration of the mutual covenants hereinafter set forth. the Parties hereto agree as follows: I. Scone of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the street sweeping services ('Services') as described in this Agreement, the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. 2. Changes to Work. Any changes to the work mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. Payment for extra work will be made at the unit price or lump sum previousIN agreed upon in writing between Contractor and the Public Works Coordinator. All extra work shall be adjusted daily upon the report sheet furnished by Contractor, prepared by the Public Works Coordinator, and signed by both Parties; and the daily report shall be considered thereafter the true records ofextra work done. The City Manager may authorize payment for such work up to the City \Managers contract authority. Payment for additional work in excess of such authority requires prior City Council authorization. Contractor will not be compensated for any work performed not specified in the Scope of Services that is not approved as set forth in this Section. 3. Term. This Services provided under this Agreement shall begin on July 1. 2021 4. and shall remain in effect for seven (7) years (through June 30, 2028) ("fenn'') unless sooner terminated pursuant to the terms of this Agreement, or extended by mutual agreement of the Parties. The Agreement may be extended administratively by the City Manager for three (3) additional one-year terms if' the Contractor's performance is satisfactory and is in the best interest of the City and the parties mutually agree to the one- vear extension. >. Time of Performance. Contractor will not perform any work under this Agreement until: a. Contractor furnishes proof'of'insurancc as required under this Agreement; and b. City gives Contractor a written notice to proceed. 6. Compensation. In consideration of the Services rendered hereunder. City shall pay Contractor a fee not to exceed $7.410 per each month during the Term(S88,920.00 yearly). in accordance with the prices and schedule as set forth in Pricing Schedule attached hereto as Exhibit 13, and incorporated herein by this reference. 7. Pavments. I-or all of the Services which Contractor is obligated to perform under the terms of this Agreement. City shall pay, to Contractor once each month a sum equal to the amount(s)specified in the Exhibit B. or as amended by any subsequent adjustments thereto Vcr. 12R019 12501-0001 U1546383v2.doc and provided hereinafter. Contractor shall submit to City an invoice. submitted within fifteen (1 5) days of the end of the month during which the Services were rendered, on a monthly basis for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City will not withhold anv applicable federal or state payroll and other required taxes. or other authorized deductions from payments made to Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, and shall explain in writing the reason(s) why the payment request is not proper. 8. Audit. City, or its representative, shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City. for a period of three (3) years after final payment under this Agreement. 9. Contractor Personnel. In the event that City, in its sole discretion. at any time during the term of this Agreement. desires the removal of any person or persons assigned by Contractor to perform Services pursuant to this Agreement. Contractor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons. 10. Unresolved Disputes. In the event of any dispute or controversy with City over any matter whatsoever. Contractor shall not cause any delay or cessation in or of Services, but shall proceed with the performance of-the Services in dispute. 1 1. Termination. This Agreement may be terminated by City at any time without cause and without penalty upon thin (30) days' written notice. In the event of termination without fault of Contractor. City shall pay Contractor for all Services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all Services rendered hereunder. If Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right. notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. In the event of termination of this Agreement for any breach or failure of performance on the part of Contractor. Contractor agrees to pay City upon demand the amount of any damage or loss sustained by City in matter of street sweeping, including the re-advertising for and the letting of another contract therefore; for all increases in City's cost of street sweeping incurred under such new contractor. and for all costs and attorney's fees incurred by City in the cancellation of this Agreement and the negotiation ofsuch new street sweeping contract. -?- Ver. 12/2019 12501-000112546383v2.doc 12. Indemnification. To the fullest extent permitted by law. Contractor shall. at its sole cost and expense. defend. hold harmless and indemnify City and its elected officials. officers, attorneys, agents, employees. designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively 'Indemnitees'). from and against any and all damages, costs, expenses, liabilities, claims. demands. causes of action, proceedings, expenses.judgments, penalties, liens, and losses of any nature whatsoever. including fees of accountants. attorneys. or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened. which arise out of, are claimed to arise out of, pertain to; or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence. except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with anv Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 13. Insurance Requirements. A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement canny, maintain. and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of$2.000.000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers; affiliates. employees, agents and other persons necessary or incidental to its operation are insureds. 2. Automobile Liability Insurance f'or anv owned. non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2.000,000.00 per accident for bodily injury and property damage. I f Contractor does not use any owned. non-owned or hired vehicles in the performance of Services under this Agreement. Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3. Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of S1,000,000.00 per accident for bodily injury or disease. California Labor Code Sections 1860 and -3- Ver. 120019 12501-000IL546383v2.doc 3700 provide that even contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861. Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require ever%, employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code. and I will comply with such provisions before commencing the performance of the work of this contract." B. Acceptability of Insurers. The insurance policies required under this Agreement shall be issued by an insurer admitted to write insurance in the State of California with a rating of ANII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Agreement. C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers. employees.agents and volunteers as additional insureds. D. Primary and Non-Contributing. The insurance policies required under this Agreement shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees. agents or volunteers. shall be in excess of Contractor's insurance and shall not contribute with it. L. Contractor's Waiver of Subrogation. The insurance policies required under this Agreement shall not prohibit Contractor and Contractor's employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City. F. Deductibles and Self-Insured Retentions. Any deductibles or self' insured retentions must be declared to and approved by City. At City's option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City. or Contractor shall procure a bond guaranteeing payment of losses and expenses. G. Cancellations or Modifications to Coverage. Contractor shall not cancel. reduce or otherwise modify the insurance policies required by this Agreement during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the police before the expiration date. the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Agreement is canceled or reduced in coverage or limits. Contractor shall, within two business days of notice from the insurer. phone, fax or notify City via certified mail, return receipt requested. of the cancellation of or changes to the policy. 1-1. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Agreement in full force and effect during the term of -4- vcr. 12/2019 12101-0001 Q1i46383%2.doc this Agreement. or in the event any of Contractors policies do not comply with the requirements under this Agreement. City may either immediately terminate this Agreement or. if insurance is available at a reasonable cost. City may. but has no duty to, take out the necessary insurance and pay, at Contractor's expense. the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. I. Evidence of Insurance. Prior to the performance of Services under this Agreement. Contractor shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Agreement. The endorsements are subject to City's approval. Contractor may provide complete,certified copies ofall required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. Contractor shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof-at least two weeks prior to the expiration of the coverages. J. Indemnity and Insurance Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City under this Agreement- K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that nmeets all of the requirements of this Agreement. 14. Antitrust Claims. Contractor offers and agrees to assign to City all rights. title. and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Califomia Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the ]'allies. 15. Standard of Care: Licenses: Familiaritv with Work. A. Contractor shall perfomm all work to the highest professional standards and in a manner reasonably satisfactory to City. B. Contractor represents and agrees that all personnel engaged by Contractor in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such Services. C. Contractor represents and warrants to City that it has all licenses, permits, qualifications, and approvals to provide the Services required to be performed by this Agreement. Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. D. By executing this Agreement. Contractor represents that it has -5- v«. i2/2W) 12501-0001A2546383v2.doc I) Thoroughly investigated and considered the scope of Services to be performed; 2) Carefully considered how the Services should be performed: and 3) Understands the facilities. difficulties. and restrictions attending performance of the Services under this Agreement. E. If Services involve work upon any site. Contractor warrants that it 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. 16. Independent Contractor. Contractor is and shall at all times remain. as to City. a wholly independent contractor. \either City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees. except as herein set forth: and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons. firms, or corporations as Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt. obligation, or liability on behalf of City, bind City in any manner, or otherwise act on behalf'of City as an agent. Contractor shall not. at any time or in any manner, represent that it or any of its agents. servants or employees. arc in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement,and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnity and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to City from Contractor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Agreement. 17. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based of race. color, religious creed. sex. gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability. medical condition. genetic information, sexual orientation, military or veteran status, or other basis prohibited by law-. except as provided in Government Code section 12940. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 18. Conroliance with Laws. Contractor shall comply with all applicable federal. state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 19. Contractor's Representations. Contractor represents. covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor. materials. and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of -6- ver. 120019 12501-00O I V 546383v2 doc any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor. and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 20. Conflicts of Interest. Contractor warrants that it. its officers. employees. associates and subcontractors, presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise. that would conflict in any way with the performance of this Agreement. and that it. its officers. employees, associates and subcontractors, will not employ any person having such an interest. Consultant and its officers, employees. associates and subcontractors. if any, shall comply with all conflict of interest statutes of the State of Califomia applicable to Consultant's services under this Agreement, including the Political Reform Act (Gov. Code § 81000. et seq.)and Government Code Section 1090. Contractor agrees not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the work under this Agreement which is or may likely make Contractor"financially interested."as provided in Government Code Sections 1090 and 87100. in amy decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 21. Time. Time is of the essence in this Agreement. 22. Force Maieure. Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of' God, acts of public enemies, acts of the Government. fires, floods or other casualty. epidemics. earthquakes. labor stoppages or slowdowns, freight embargoes, unusually severe weather. and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either Party shall be considered a cause to excuse delay pursuant to this Section. Each Party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. 23. Representatives. For the purposes of this Agreement, the contract administrator and City's representative shall be the Public Works Coordinator or his or her designee. It shall be Contractor's responsibility to assure that the Public Works Coordinator is kept informed of the progress of the performance of the Services, and Contractor shall refer any decisions that must be made by City to the Public Works Coordinator. Unless otherwise specified herein, any approval of' City required hereunder shall mean the approval of the Public Works Coordinator. For the purposes of this Agreement. Am SamUelian is hereby designated as the principal and representative of Contractor authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith. 24. Non-Assignability: Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof. whether by assignment or novation, without City`s prior written consent. Any purported assignment without written consent shall be null. void, and ol'no effect: and Contractor shall hold harmless. defend and indemnify City and its officers. officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. Contractor may not subcontract any portion of the work required by this Agreement to other persons or firms unless Contractor first obtains the written consent of City to engage in such subcontracting. -7- Ver. 1 J2019 1 2 5 01-00014 54 63 83v2.doc 29. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for anv such action relating to this Agreenent shall be in the Los Angeles County Superior Court. y 26. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief. is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the Pam' may be entitled. 27. Titles. The titles used in this Aereement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 28. Authority. The persons executing this Agreement on behalf of Contractor warrants and represents that they have the authority to execute this Agreement on behalf of Contractor and have the authority to bind Contractor to the performance of its obligations hereunder. 29. Exhibits. All Exhibits attached hereto are incorporated herein by reference. In the event of any conflict between this Agreement and any Exhibit hereto. the provisions of this Agreement shall control. 30. Entire Aereement. This Agreement, including any other documents incorporated herein by specific reference. represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations. representations or agreements. This Agreement may not be modified or amended. nor any provision or breach waived, except in a writing signed by both Parties which expressly refers to this Agreement. 31. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein. the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the Party who causes the uncertainty to exist or against the Party who drafted this Agreement or who drafted that portion of this Agreement. 32. Non-waiver of Terms. Rights and Remedies. Waiver by either Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant. or any default which may then exist on the part of'Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 33. Notice. Except as otherwise required by law, any notice or other conmmnunication 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 Contractors or City's regular business hours or (b) on the third business day following deposit in the United States mail. postage prepaid, to the addresses listed below. or at such other address as one Pam may notify the other: 8- vcr. I212019 12501-00012546383 Q.doc To Citv: City of Maywood Attention: City Manager 4319 E. Slauson Ave. ;Maywood. California 90270 To Contractor: Nationwide Environmental Services. a Division of Joe's Sweeping. Inc. 1 1914 Front Street Norwalk, California 90650 34. Counterparts. This Agreement may be executed in counterpart originals. duplicate originals, or both, each of which is deemed to be an original for all purposes. 35. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the Parties to this Agreement. 36. Captions. The captions in this Agreement are for convenience only. are not a part of the Agreement and in no way affect. limit or amplify the terms or provisions of this Agreement. 37. No Third Panv Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns. and no other person or entity may have or acquire a right by virtue of this Agreement. 38. Severability. If any term or portion of this Agreement is held to be invalid. illegal. or otherwise unenforceable by a court of competent jurisdiction. the remaining provisions of this Agreement shall continue in full force and effect. IN WITNESS WHEREOF. the Parties hereto have executed the within Agreement the day and vear first above written. [signatures begin on next page] -9- vex. 12n_o19 1 so 1-000 1\z,46383%2.doe City: Contractor: City of Maywood, Nationwide Envi n ental vices;a Division a California municipal corporation ofJoe's e i , 1 c. a la rporation By: By: AnSlue ian, President Ricardo Lara, Mayor of the City of Maywood By: ATTEST: By: Flor az� Clerk «yc APPROVED AS TO FORM: By: bLu- Roxanne Diaz, City ttomey -10- ve, 122019 12501-0001 2W383v2 doc EXHIBIT A Scope of Services Contractor shall provide street sweeping services to the City as described in the City's Request for Proposal dated April 30. 2021 for Street Sweeping Services and the addendums (collectively RFP") and Contractor's Submitted Proposal to the RI-T. which is attached hereto as part of this Exhibit A. The Services shall be provided at a frequency and cycle that is set forth in the Price Sheet and Maintenance Frequencies set forth in Exhibit B to this Agreement. Notwithstanding am, provision of this Agreement and the infonnation set forth in the Price Sheet and Maintenance Frequencies, Contractor agrees to the following: • Contractor shall sweep the arterial streets twice per week free of charge during the first year of the agreement Term. • Contract shall provide 24 hours of special/emergency sweeps annually free of charge during the first three years of the Agreement Term • Contractor shall conduct an annual survey of low hanging trees that may impede the path of the sweeper free of charge during the Term of the agreement (July 1. 2021- June 2028) • Contractor shall waive the first month's fee of S7,410.00 (i.e. July 2021 payment) Exhibit A 12501-0001A2546383%2.doc ORIGINAL ® Division o(Joe's Sweeping, In( www . nes - sweeping . com 11914 Front Street, Norwalk, California 90650 Office (562) 860-0604 Toll Free (800) 222-5637 Fax (562) 868-5726 info@nes-sweeping.com Sweeping Since 1968 CITY OF MAYWOOD STREET SWEEPING SERVICES PROPOSAL DUE DATE: MAY 28, 2021 BY 2:00 PM SUBMITTED BY • dCN Division ofJoe's Sweeping, Inc. 11914 FRONT STREET, NORWALK, CA 90650 PH. (562) 860-0604 - FAX (562) 868-5726 www.nes-sweeping.com 0 TABLE OF CONTENTS Page CoverLetter ................................................................................................ I CompanyInformation .................................................................................. 2 Scopeof Work ............................................................................................. 3-4 Methodology ................................................................................................ 5-6 Contract Organization & Staffing ................................................................... 7-12 RelatedExperience ...................................................................................... 13 ContractSchedule ........................................................................................ 14 CostData .................................................................................................... 14 Statement of Compliance/Suggested Changes ................................................ 14 Equipment ................................................................................................... 15 Complaint Report (Sample) ........................................................................... 16 Route Inspection Form (Sample) ................................................................... 17 Cost Data (Attachment A) ............................................................................. 18 Enhancements ............................................................................................. 19 AddendumNo. 1...........................................................................................20-22 AddendumNo. 2...........................................................................................23-24 Qco1c� o - � aWL�aJoe•,suxwwns.me May 28, 2021 Mr. Abel Hernandez Public Works Coordinator City of Maywood 4319 E. Slauson Ave. Maywood, CA 90270 Re: Street Sweeping Services Dear Mr. Hernandez: Nationwide Environmental Services (NES), one of the first certified street sweeping contractors in the nation has provided street sweeping services to over 40 municipalities in the Southern California region since 1968 and proudly provides street sweeping services to most of the cities in Southeast Los Angeles. NES is second generation, woman owned family business providing state-of-the-art street sweeping, catch basin cleaning, graffiti abatement, bus stop maintenance, parking lot sweeping and roll-off services at competitive prices. As a division of Joe's Sweeping, Inc., NES pledges to continue to provide the excellent and professional service that, historically, has been proven to be our company's most distinguishing attribute. NES is the leading provider of street sweeping services in Southern California and has one of the largest Fleet of alternative fueled street sweepers to assist municipalities in complying with SCAQMD Rule 1186 and 1186.1. NES is proud to state that it is the first street sweeping company in the world to have its own in-house alternative fueling (CNG) station. NES not only provides clean, alternative fuel street sweepers but also has an outstanding Fleet maintenance and safety program. NES is committed in providing quality street sweeping services with a 9 dedicated staff to ensure a clean, healthy and safe environment with competitive rates. NES is } known for its reliability, reputation and quality services with a courteous and responsive customer service department. NES' proposed price shall be valid for a period of seven (7) years. The sweeping contract will be Li managed from our headquarters located at 11914 Front Street, Norwalk, CA 906S0. A.15 NES looks forward to providing street sweeping services to the City of Maywood. If you have any questions, please feel free to contact me at (562) 860-0604. Thank you for your consideration. qni y uelian President 1 1914 Front Street • Norwalk, California 90650 • (562) 860-0604 • Fax (562) 868-5726 www.nes-sweeping.com COMPANY INFORMATION Nationwide Environmental Services (NES), a division of Joe's Sweeping, Inc., was established in 1968 and is a California corporation with over 100 employees. NES is one of the largest street sweeping companies in the nation. Through ceaseless dedication, founder Joe Samuelian, who started sweeping parking lots in 1968, created a company that has served over 50 municipalities throughout California. The company's success lies in its mission statement: to provide the highest level of customer satisfaction with quality services using state-of-the-art, environmentally friendly technologies. By implementing this mission statement to every service provided, NES has not only created a cleaner environment, but has also inspired the true beauty of every municipality to shine. Our extensive fleet of sweeping and cleaning vehicles continues to maintain municipalities, residential communities, homeowner's associations (HOA), business parks, parking facilities, construction sites, private companies, various unified school districts and transportation authorities. Our current contracts cover street sweeping services within the Greater Los Angeles Area and the surrounding areas of Orange, Ventura, San Bernardino, and Riverside Counties, serving over 1,5 million citizens. NES implements only the most technologically advanced softwares and employs the most experienced and dedicated management and personnel. Through this dedication to excellence, NES proactively addresses the needs of the communities we serve. Our clean and efficient street sweeping services enhance a community's appearance and consistently ensure a cleaner environment in which to reside and work. This type of environment promotes community pride and helps increase property values. At NES, we realize the importance of a clean and dependable fleet. This is why our vehicles are routinely cleaned and inspected to make sure they provide the highest level of service. Our equipment technicians are highly qualified and every operator is a trained professional. Everyone at NES is dedicated to keeping our fleet on the road and on time. Here at NES, great service is our priority, and we are serious about keeping your community clean. z Ammsymdek,f"(!; .d._P SCOPE OF WORK Scope of Service NES will provide street sweeping services of all City streets including arterial, collector, industrial, residential, commercial, cul-de-sacs, median curbs, alleys and public parking lots as specified in the RFP. Sweeping services will be performed in accordance to the highest maintenance standards. NES' "Clean Sweep" policy will be implemented throughout the course of the contract term, which is making as many passes as necessary to maintain streets free of debris. NES provides consistent and thorough sweeping services, thereby, ensuring not only a cleaner environment in which to reside and work, but additionally, assists communities in diverting debris from storm drain systems. The diversion of debris is an important step in meeting NPDES(National Pollutant Discharge Elimination System) mandates. In addition, if the sweeper is unable to collect all the debris around or adjacent to a bulb out, the sweeper operator will physically pick up and remove the debris. Furthermore, if debris is caught between car stops and major crevices within any parking lot, NES will blow out the debris to allow the sweeper to pick up. If needed, the sweeper operator will physically pick up the debris. Disposal NES will transport and dispose of all sweeping at a composting or recycling center in accordance with all city, county, state and federal requirements. NES will obtain a minimum of 85% diversion rate from landfills. NES will provide monthly tonnage reports and will identify where the sweepings were disposed. In addition, NES will provide a letter from the facility certifying the percentage of material processed and where the material is sent after collection and processing. NES will provide all required disposal documentation to the City or any other agency. Water Water shall be made available by the City at no cost to NES. NES will bring the metering devices to the City's Public Works Yard to be read. NES will comply with all rules and regulations of the City relating to the use of water. Contractor's Office NES' office is located at 11914 Front Street, Norwalk, CA and is open Monday through Friday from 7:00 am to 5:00 pm with a bilingual staff available for communication with the public. NES has a toll-free number and a 24/7 dispatch service available to assist the City with any type of request. NES' dispatch department is capable of contacting all management personnel at any given time; thereby, guaranteeing immediate response to service requests. In addition, all employees will be equipped with cellular telephones in order for the City and NES' dispatch department to communicate directly with the sweeper operators. 3 SCOPE OF WORK Emergency Services NES will provide the City with the names and telephones numbers of at least two (2) management personnel who can be contacted for emergency requests. NES will respond to requests for emergency sweeps 24 hours per day, 7 days per week, and within two (2) hours of notifications by the City. Holidays & Inclement Weather NES will provide street sweeping services Monday through Friday except on the holidays listed in the RFP. Holiday sweeping schedules will be coordinated with the City's Public Works Department and missed sweeping days due to a holiday will be swept within the next five (5) day working period. NES will not cancel sweeping services due to inclement weather without the approval of the Public Works Director. Also, a two-hour standby period will be observed before a scheduled residential sweep will be canceled. Parking Enforcement NES will coordinate its sweeping activity with the City's Parking Enforcement. Reports Along with the monthly service invoice, NES will submit all required reports as listed in the RFP. Safety Safety comes first at NES; therefore, all work performed under this contract will be performed with the maximum safety to the public and where applicable. NES complies with all safety standards required by CAL OSHA and has an excellent safety record. NES will provide all safeguards and protective devices to protect the health and safety of its employees, the safety of the City officials and the public. Rules & Regulations NES complies with all federal, state and local rules and regulations, including but not limited to Cal OSHA, CARB, NPDES and SCAQMD Rule 1186 and 1186.1. Insurance NES will meet all the insurance requirements of the City of Maywood. 4 �-�-� - METHODOLOGY Nationwide Environmental Services (NES) general work plan to meet street sweeping requirements for the City of Maywood includes a well-managed administration and operational structure supported by interdepartmental teamwork. NES has reviewed the RFP thoroughly and has completed a physical inspection of all the streets within the City of Maywood. NES' operations manager will meet with City representatives to examine and evaluate the sweeping schedule according to contract specifications and schedules. During the term of the contract, NES' management team will meet with City staff on a weekly basis to discuss any concerns and review sweeping performance. NES' street sweeping services will include but not limited to, picking up silt, mud, sand, dirt, paper, leaves, grass, and miscellaneous trash/debris. Employees at NES are experienced, trained and expected to make a "Clean Sweep" (i.e., as many passes required to eliminate debris from all areas) of all streets. Employees fully understand their responsibilities and debris not picked up by the street sweeper will be hand swept. Any complaint brought to NES' attention will be acknowledged within 12 hours of receipt and investigated and resolved within 24 hours. A complaint form (see sample attached) will be completed by NES. NES will maintain a log of all complaints received and the corrective actions implemented. NES will promptly provide the City a report as to the action/procedure taken to resolve each complaint and will also provide monthly reports. All street sweepers utilized in the City of Maywood will be equipped with GPS (Teletrac) monitoring system that will enable the City of Maywood and NES to view via internet where the sweepers are at all times. Route inspections will be completed regularly (see sample form attached). Supervisors as well as the project manager will be available to meet with the City staff to discuss any issues. The supervisor will be responsible for the following: Make sure the routes are started and completed on time • Identify any problem areas • Correct all deficiencies • Complete daily inspection reports • Discuss deficiencies with the employees to prevent recurrence Provide employees with feedback Constantly remind employees about NES' "Clean Sweep" policy, which is making as many passes as necessary to maintain streets free of debris 5 r, - --�-AWT METHODOLOGY NES' management team will make certain all scheduled routes are completed each day in accordance with the street sweeping schedule approved by the City. One of the most important aspects of street sweeping is assuring the residents they will receive high quality services. There are many factors involved in doing so: first, we make certain the same sweeper operator cleans the streets on a regular basis; second, we make certain all drivers are consistent in their sweeping pattern to allow the residents to move their parked cars from the streets in a timely manner; third, employees make as many passes as necessary to ensure clean streets free of debris. 6 CONTRACT ORGANIZATION & STAFFING NES prides itself on its excellent customer service. All employees at NES are courteous, responsive, timely, equitable and professional. Employees are trained whether in person or on the phone to be pleasant, respectful and professional. Employees give full attention to each customer's needs by asking questions and by providing accurate information. Our customer service representatives offer immediate action to requests and complaints. NES maintains a drug-free workplace and employs a staff of over 80 sweeper operators including back-up personnel. This method of employing back-up sweeper operators allows NES to manage personnel changes without sacrificing the quality of service to any one of our customers. All personnel wear company uniforms which include identification patches identifying the company and employee. At NES, employees are trained, licensed, insured and competent to assure quick response along with professional services. Nonetheless, employees are knowledgeable about correct sweeping practices; therefore, they sweep each route according to the contract specifications and provide high quality services, a basic standard of NES. NES makes every effort to provide its employees with the tools and resources necessary to provide outstanding customer service. NES believes that communication is a key factor in providing quality services, therefore, we have a 24/7 dispatch service available to assist the City with additional, special or emergency requests. In addition, NES will provide the City with NES' 24-hour dispatch telephone number and cellular telephone number of the project manager. Safety comes first at NES; therefore, all managers, supervisors and employees receive ongoing safety training during their employment. The following is a guideline of our training program: 90 Day Training • Review Driving Record and verify with DMV printout (Enroll in DMV Pull-Notice Program) • Reference Check • Pre-Employment Drug/Alcohol Screening • Initial Safety Training • Behind-the-Wheel Training • Proper Operation of a Street Sweeper • Defensive Driving Training • Vehicle Safety Procedures & Precaution 7 CONTRACT ORGANIZATION & STAFFING Ongoing Training • Bi-Weekly Safety Meetings (One-on-One with Each Employee) • Quarterly Safety Meetings • Random Safety Meetings administered by our Insurance Company • Random Drug/Alcohol Testing • Semi-annual refresher training administered by NES. NES has been known for its remarkable quality of service and stands above all others in the industry by providing excellent customer service. All employees at NES have been screened and selected per NES' Driver Selection and Screening Policy. All sweeper operators have over 5+ years experience, have completed training by TYMCO on the proper operating procedures of a street sweeper and have the appropriate class driver's license. Management personnel have over 15 years experience and are highly trained in maintaining the highest level of customer service by focusing on guaranteed satisfaction. All employees and management personnel are skilled, experienced and competent and all are capable of communicating in both written and oral English. If necessary, NES has a staff of management personnel, back-up sweeper operators and back-up street sweepers which can be utilized. NES also has fulltime in-house mechanics available 24/7 to handle any type of mechanical problem, should the need arise. Mechanics are ASE/TYMCO trained and skilled to repair and maintain alternative fuel street sweepers as well as all other types of vehicles. 8 CONTRACT ORGANIZATION & STAFFING Executive: Ani Samuelian President (contract Manager) Never Samuelian Vice President/Treasurer Joe Samuelian Vice President Suzy Samuelian Executive Secretary Administrative: Marlene Melchor Office Manager/Accounting Manager Cheryle Parsons Human Resources, PHR Accounting Clerks Customer Service Clerks Clerical Personnel Operations: Nejteh Der Bedrossian Operations Manager (Project Manager) George Ramirez Assistant Operations Manager Gary Der Bedrossian Field Supervisor Lead Workers Fleet Service Personnel Sweeper Operators Bus Stop Maintenance Personnel Catch Basin Personnel Pressure Washer Operators Graffiti Abatement Personnel Mechanics: Jose Martinez Fleet Maintenance Supervisor Lead Mechanic Mechanics 9 CONTRACT ORGANIZATION & STAFFING Ani Samuelian/President (Contract Manager) AN Samuelian has been employed with NES since 1994 and her responsibilities include: Oversee daily operations, contract management, accounts payable/receivable/payroll. Assist in establishing effective company goals and evaluate all insurance and bonding policies and procedures. Responsible for developing and implementing marketing strategies. Provide adequate communication with staff to identify problems and coordinate corrective action plans. Coordinate with department heads to facilitate efficient management functions. Participate in weekly meetings to discuss daily operations performance, regulatory issues, client concerns and company policies and procedures. Responsible for ensuring compliance of all State and Federal laws and regulations. Oversee Human Resources, Safety and Public/Government Relations. Ani is bilingual (English/Armenian) and has graduated from Southern California College of Business & Law. Ani is also a proud member of the L.A. Chapter Maintenance Superintendents Association (MSA) and the north american Power Sweeping association (naPSa). In March 2016, Ani was honored as the "Woman of the Year" in the area of business from the 32"0 Senate District. Ani Samuelian will dedicate as many hours as necessary to the City of Maywood Neiteh Der Bed rossia n/Operations Manager (Project Manager) Nejteh Der Bedrossian has been employed with NES since 1991 and his responsibilities include: Oversee and supervise the daily operations of the plant. Responsible for designing new routes and organizing daily service routes and schedules for an effective operation. Managing and overseeing employees. Managing disposal operations; administer and oversee disposal program, including recycling and composting; establish programs with municipalities to meet AB 939 mandates. Monitoring and inspecting field operations; project point liaison for emergency callouts or request for services; monitors and reviews GPS tracking system reports. Perform cost comparison analysis to determine the most efficient and cost effective way to provide services to our clients. Responsible for inventory control of the plant and purchases for maintaining an effective operation. Participate in weekly meetings to discuss daily operations performance, regulatory issues, client concerns and company policies and procedures. Responsible for ensuring compliance of all State and Federal laws and regulations. Nejteh is a Certified Stormwater Inspector. Nejteh is also multilingual and a proud member of the L. A. Chapter - Maintenance Superintendents Association (MSA) and the north american Power Sweeping association (naPSa). Nejteh Der Bedrossian will dedicate as many hours as necessary to the City of Maywood. George Ramirez/Assistant Operations Manager George Ramirez has been employed with NES since 2007 and his responsibilities include: assisting in the daily operations, organizing daily routes, scheduling, dispatch, field supervision, quality control, GPS monitoring and overseeing and supervising the daily maintenance and cleanliness of all vehicles. George is bilingual (English/Spanish) and has over 15 years experience. George Ramirez will dedicate as many hours as necessary to the City of Maywood. 10 CONTRACT ORGANIZATION & STAFFING Gary Der Bed rossian/Field Supervisor Gary Der Bedrossian has been employed with NES since 1985 and his current responsibilities include: field supervision, quality control, monitoring and inspecting field operations, designing new routes and organizing daily service routes and schedules for an effective operation. Gary started employment with NES as a sweeper operator; therefore, Gary is well aware and knowledgeable of the pattern of sweeping, quality, route design and issues relating to sweeping performance and all other aspects of sweeping. Gary is multi-lingual (English, Armenian, Arabic, and Turkish). Gary Der Bedrossian will dedicate 2.0 hours each day, Monday through Friday to complete route inspections and quality control. Marlene Melchor/Office Manager Marlene Melchor has been employed with NES since 2000 and her current responsibilities include: office management, accounts payable, accounts receivable, payroll, scheduling, report administration and overseeing customer service department. Marlene Melchor will dedicate as many hours as necessary to the City of Maywood. Eduardo Herrera/Sweeper Operator Eduardo Herrera will be the primary sweeper operator and has over 5+ years' experience. Eduardo has completed all required training by NES. In addition, Eduardo has been trained by TYMCO on the proper operating procedures of a street sweeper. Eduardo is estimated to work 10.0 hours per day, Monday through Friday and will dedicate as many hours as needed to provide exceptional street sweeping services to the City of Maywood. Alex Sanchez/Back-up Sweeper Operator Alex Sanchez will be the back-up sweeper operator and has over 5+ years' experience. Alex has completed all required training by NES. In addition, Alex has been trained by TYMCO on the proper operating procedures of a street sweeper. Alex is estimated to work 4.0 hours per day, Monday through Friday as a back-up sweeper operator. NOTE: NE5 will dedicate as many hours as necessary to provide high-quality street sweeping services to the City of Maywood. 11 �T CONTRACT ORGANIZATION & STAFFING Ani Samuelian President Never Samuelian Joe Samuelian 1 Vice President/Treasurer Vice President Suzy Samuelian Ne teh Der Bedrossian Che 1 Executive Secretary le Parsons t — J r1' l Operations Manager Human Resources Gary Der Bedrossian George Ramirez 1 Marlene Melchor Field Supervisor Assist. Operations Manager J Office Manager/Accounting Manager Ricardo Munoz Rolando Rodriguez Operations Supervisor/Dispatch Operations Supervisor/Dispatch Accounting Customer Clerks Service Clerks Lead Workers Fleet Service Personnel Clerical Personnel Sweeper Operators Bus Stop Maintenance Personnel/Catch Basin Personnel Pressure Washer Operators/Graffiti Abatement Personnel Mechanics 12 lZmammyffir .... ,... RELATED EXPERIENCE The following is a partial list of the municipalities in which NES provides street sweeping services. Ani Samuelian/President and Nejteh Der Bedrossian/Operations Manager are responsible for managing and overseeing all contracts. tea Parson Phone Type of Servloe THM Fax* Dabs EMW City of Montebello Rene Bobadilla Ph. (323) 887-1363 Municipal Street Sweeping 1600 W. Beverly Blvd. City Manager Fax (323) 887-1443 1989-Present Montebello, CA 90640 _ rbobadilla@cityofrnontebello.com City of Norwalk Jesus Gomez Ph. (562) 929-5700 Municipal Street Sweeping 12700 Norwalk Blvd. City Manager Fax (562) 929-5503 1994-Present Norwalk CA 90650 omez@ci.norwalk.ca.us City of Downey John Oskoui Ph. (562) 622-3398 Municipal Street Sweeping 11111 Brookshire Asst. City Manager Fax (562) 904-7296 2003-Present Downey, CA 90241 oskoui@downeyca.org City of Pico Rivera Steve Carmona Ph. (562) 801-4405 Municipal Street Sweeping 6615 Passons Blvd. City Manager Fax (562) 801-4765 1992-Present Pico Rivera, CA 90660 Scarmona@pico-rivera.or Additional References Available Upon Request 13 CONTRACT SCHEDULE, COST DATA, STATEMENT OF COMPLIANCE/SUGGESTED CHANGES Q. Contract Schedule NES will adhere to the map/schedule as provided in the RFP, Attachment A and Attachment B. All tasks will be completed per the RFP and attachments. h. Cost Data Please see Attachment A. I Statement of Compliance/Suggested Changes NES' proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed. 14 > - - -- EQUIPMENT NES has a fleet of over 70 sweeping and cleaning vehicles including back-up street sweepers. Street sweepers utilized in the City of Maywood will be equipped with safety features, painted in uniform color and will have logos and/or place cards for proper City of Maywood Contractor identification. In addition, all street sweepers will be equipped with GPS (Teletrac) tracking systems which monitors speed, hours of operation and brush operation for reporting purposes. All equipment will be kept in safe working order and will be licensed and maintained in a safe and proper operating condition. All sweepers meet all applicable certifications for PM 10, Rule 1186 and Rule 1186.1 and other pollutants as set forth by the SCAQMD. The following street sweepers will be utilized in the City of Maywood. Unit # Year Make Model Type & AQMD Fuel Primary/ Condition CERTIFIED Type Back-up 275 2021 Freightliner TYMCO 600 Regenerative YES CNG Primary 276 2021 Freightliner TYMCO 600 Regenerative YES CNG Back-up Air - New 2021 Street Sweepers are near ZERO EMMISSIONS The most environmentally friendly sweepers for your residents Maintenance All street sweepers are inspected at a minimum of twice per day. Drivers are required to perform pre-trip and post-trip inspections daily. NES also has a successful preventive maintenance program and is proud to state that NES has always received excellent reviews/inspections from the CHP. ADDITIONAL VEHICLE INFORMATION AVAILABLE UPON REQUEST 15 NATIONWIDE ENVIRONMENTAL SERVICES DIVISION OF JOE'S SWEEPING, INC. COMPLAINT REPORT CITY DATE: TIME: A.M. ❑ P.M. ❑ NAME OF PERSON CALLING: ADDRESS & STREET: CROSS STREET DAY OF ROUTE NAME OF DRIVER UNIT # COMPLAINT: RETURN TO LOCATION TIME A.M. ❑ P.M. ❑ NAME OF DRIVER CORRECTING COMPLAINT REMARKS: 16 CITY OF MAYWOOD Department of Public Works STREET SWEEPING ROUTE INSPECTION FORM SU10,11'rrrD BY NATIONWIDE ENVIRON,NIENTAL SERVICES Date: Time: Day of Route: o Mon. o Tue. ❑ Wed. ❑ Thur. ❑ Fri. Location: Interference to the Sweeper's Right of Way ❑ Low Hanging Tree ❑ Raised Curbs & Gutters ❑ Residential Trash Containers ❑ High Volume of Parked Vehicles ❑ Road Construction ❑ Abandoned Vehicles ❑ Pot Holes ❑ Illegally Dumped Large Items ❑ Other Sweeper Operator: Date: 17 ATTACHMENT A PRICE SHEET AND MAINTENANCE FREQUENCIES Contractor shall provide services at the following locations as described below. LOCATIONS FREQUENCY CYCLE MONTHLY COST PER CURB COST MILE Arterials & Medians Once/Weekly Monday & Friday $1,050.00 $33.00 Residential North Once/Weekly Monday& Friday $3,180.00 533.00 West Residential East of $3,180.00 $33.00 Atlantic Once/Weekly Monday & Friday outh West Quadrant Once/Weekly Monday & Friday No Charge N/A r. Weekly Total $1,710.00 N/A Monthly Total $7,410.00 NIA " (1) Alleyway south of Slauson Avenue, between Maywood Avenue and Everett Avenue. Additional Requested Street Sweeping cost per curb mile: $33.00 Hourly Rate 1: $115.00 Hourly Rate 2: $115.00 Hourly Rate 3: $115.00 Special or Emergency callout rate per hour: $135.00 (S:OOPM to 7:OOAM e.g. accidents, spills, events, etc...) Total Monthly Cost: $ 7,410.00 Amount In Words Seven Thousand Four Hundred Ten Dollars and No Cents Total Annual Cost: $88,920.00 Amount In Words Eighty-Eight Thousand Nine Hundred Twenty Dollars and No Cents ENHANCEMENTS • First year of the contract term — NES will sweep the arterial streets twice per week Free of Charge. • First three (3) years of the contract term — NES will provide 24.0 hours of special/emergency sweeps annually Free of Charge. • Full term of the contract — NES will conduct an annual survey of low hanging trees that may impede the path of the sweeper Free of Charge. • NES will WAIVE the first month's fee of $7,410.00. 19 ADDENDUM #1 CITYWIDE STREET SWEEPING SERVICES REQUEST FOR PROPOSALS NOTICE TO ALL PLAN HOLDERS/CONTRACTORS This addendum and its attachments shall become a part of the specifications and shall apply to the Proposals for the above named Request for Proposal. The Bidder(s)shall notify all affected subcontractors, material suppliers, and others to incorporate necessary cost updates, to the bid proposal and the work changes by this Addendum. In the event of conflict between specifications and this addendum,the addendum shall take precedence. The following additions and amendments attached herein shall be made to part of the Contract Specifications for the Citywide Street Sweeping Services Request for Proposals, and shall be included in the proposal to be submitted. QUESTIONS RECEIVED BY CITY AND ANSWERS 1. Please confirm the contract term is for 7 years plus 3 one year options totaling 10 years. In the Introduction section (page 1) it indicates the term will be a maximum of 9 years, however, the rest of the document states 7 years plus 3 one year options. ANSWER:Contract is for a term of 7 years, plus 3 one year options, for a possible total term of 10 years. 2. The Introduction section (page 1) indicates to bid on two options, however, the RFP only references one option. Please clarify. ANSWER:There is only one option to bid on. Please disregard this typo. 3. General Conditions—Indicates the payment of prevailing wages. However, prevailing wages are not required for street sweeping services. Please clarify. ANSWER: Prevailing wage will NOT be applicable to this proposal/bid. 4. General Conditions—Indicates that a performance bond will be required. However, performance bonds are not required for street sweeping services. Bonds are typically required for construction projects. Please clarify. ANSWER:A Performance Bond will NOT be required for this proposal/bid. 5. Please clarify if there will be an annual CPI adjustment or if the CPI will only be granted on the 3 one year options. ANSWER:The Consumer Price Index(CPI)—All Urban Customers (Los Angeles) shall only be granted for the 3 one year options. 6. Please clarify that the final agreement will include the CPI language. ANSWER:yes,the final agreement will include the CPI language. 7. Price Sheet—Can the City modify the price sheet to remove the curb mile column and only include a column for the monthly/annual fee?Also, can the City please include a separate line item for cost per curb miles for added streets and a separate line item for hourly rates? Most street sweeping services are invoiced at a base monthly amount and hourly rates for special/emergency service requests? ANSWER: City has considered these requests and modified ATTACHMENT A: PRICE SHEET AND MAINTENANCE FREQUENCIES in a manner as to provide clearer pricing and best value for city residents. ATTACHMENT A PRICE SHEET AND MAINTENANCE FREQUENCIES Contractor shall provide services at the following locations as described below. LOCATIONS FREQUENCY CYCLE MONTHLY COST PER CURB COST MILE Arterials & Medians Once/Weekly Monday& Friday Residential North Once/Every Monday& Friday West Other Week Residential East of Atlantic Once/Weekly Monday & Friday outh West Quadrant Once/Weekly Monday& Friday Weekly Total Monthly Total " (1)Alleyway south of Slauson Avenue, between Maywood Avenue and Everett Avenue. Additional Requested Street Sweeping cost per curb mile: $ Hourly Rate 1: $ Hourly Rate 2:$ Hourly Rate 3: $ Special or Emergency callout rate per hour: $ (5:0013M to 7:o0AM e.g. accidents, spills, events, etc...) Total Monthly Cost:$ Amount In Words Total Annual Cost: $ Amount In Words ADDENDUM #2 CITYWIDE STREET SWEEPING SERVICES REQUEST FOR PROPOSALS NOTICE TO ALL PLAN HOLDERS/CONTRACTORS This addendum and its attachments shall become a part of the specifications and shall apply to the Proposals for the above named Request for Proposal. The Bidder(s) shall notify all affected subcontractors, material suppliers, and others to incorporate necessary cost updates, to the bid proposal and the work changes by this Addendum. In the event of conflict between specifications and this addendum, the addendum shall take precedence. The following additions and amendments attached herein shall be made to part of the Contract Specifications for the Citywide Street Sweeping Services Request for Proposals, and shall be included in the proposal to be submitted. Correction to Attachment A A typo was corrected in Attachment A "Price Sheet and Maintenance Frequencies", specifically on the frequency of service for Residential North West. The language has been corrected from "Once/Every Other Week" to "Once/Weekly". ATTACHMENT A PRICE SHEET AND MAINTENANCE FREQUENCIES Contractor shall provide services at the following locations as described below. LOCATIONS FREQUENCY CYCLE MONTHLY COST PER CURB COST MILE Arterials & Medians Once/Weekly Monday & Friday Residential North Once/Weekly Monday & Friday West Residential East of Atlantic Once/Weekly Monday & Friday rh West Quadrant Once/Weekly Monday& Friday eekly Total Monthly Total " (1) Alleyway south of Slauson Avenue, between Maywood Avenue and Everett Avenue. Additional Requested Street Sweeping cost per curb mile: $ Hourly Rate 1: $ Hourly Rate 2: $ Hourly Rate 3: 5 Special or Emergency callout rate per hour: $ (5:OOPM to 7 OOAM e.g. accidents, spills, events, etc...) Total Monthly Cost: $ Amount In Words Total Annual Cost: $ Amount In Words EXHIBIT B Pricing Schedule City shall pay Contractor for the Services according to the Price Sheet and Maintenance Frequencies attached to this Exhibit B. Should the Parties extend the Agreement past the Term (i.e. the three one-year optional extensions past the initial 7-year term). the annual cost shall be increased by the Consumer Price Index-All Urban Customers, Los Angeles-Long Beach-Anaheim for May (`CPI") but not to exceed 2.5% for each renewal year. 12501-0001�2546383v2.doc ATTACHMENT A PRICE SHEET AND MAINTENANCE FREQUENCIES Contractor shall provide services at the following locations as described below. LOCATIONS FREQUENCY CYCLE MONTHLY COST PER CURB COST MILE Arterials& Medians Once/Weekly Monday & Friday $1,050.00 $33.00 Residential North Once/Weekly Monday & Friday $3,180.00 $33.00 West Residential East of $3,180.00 $33,00 Atlantic Once/Weekly Monday& Friday outh West Quadrant Once/Weekly Monday & Friday No Charge N/A eekly Total $1,710.00 N/A Monthly Total $7,410.00 N/A ** (1)Alleyway south of Slauson Avenue, between Maywood Avenue and Everett Avenue. Additional Requested Street Sweeping cost per curb mile: $33.00 Hourly Rate 1: $115.00 Hourly Rate 2: $ 115.00 Hourly Rate 3: $115.00 Special or Emergency callout rate per hour: $135.00 (S:OOPM to 7:OOAM e.g. accidents, spills, events, etc...) Total Monthly Cost: $ 7.410.00 Amount In Words Seven Thousand Four Hundred Ten Dollars and No Cents Total Annual Cost: $88.920.00 Amount In Words Eighty-Eight Thousand Nine Hundred Twenty Dollars and No Cents cx RRVIL o _ _ ENHANCEMENTS • First year of the contract term — NES will sweep the arterial streets twice per week Free of Charge. • First three (3) years of the contract term — NES will provide 24.0 hours of special/emergency sweeps annually Free of Charge. • Full term of the contract — NES will conduct an annual survey of low hanging trees that may impede the path of the sweeper Free of Charge. • NES will WAIVE the first month's fee of $7,410.00. 19 1 ® DATE(—DD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 09/29/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(los)must have ADDITIONAL INSURED provisions or be ondorsed. If SUBROGATION IS WAIVED, subject to the corms and conditions Of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsoment(s). COAT PRODUCER NAME:CT Temi Meson Global Rink, LLC PHONE (213) 550-2250 ILFt: Not 800 Wilshire Blvd., 2nd Floor -NMAIi9.ExU' ADDRESS tmason0globalrinkcap.com Los Angeles CA 90017 INSURERS AFFORDINOCOVERAGE NAICe NSURERA:Employers Inn Co of Wausau 21458 INSURED INSURERB:Liberty Mutual Fire Insurance 1 23035 Soe's Sweeping Inc. dba: Nationwide Environmontel Services INSURERC:Navigatare Specialty Ineu rence I36056 i1914 Front Sc I.NSURER O: 1 11014 Front St INSURER E: Norwalk CA 90650 INC F COVERAGES CERTIFICATE NUMBER:Cert to 565 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIRELIENI, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOV)N MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR 155159BRI POLICYEFF POLICY EXP LR475 LiR TYPE OF INSURANCE c POUCYNIMBER LISeeDIYYW M.WUWYWY B I % COMMERCIAL GENERAL LIABILITY EACH OCCJRRENCE S 1,000,000 �� , 'OAMACF TJ REa E1REu— CLAIMS MADE u OCCUR Y TB2-Z91-449522-111 06/0112021 06/01/2022 PREMISE mr-e f 110001eDO MED E%P(Any era'W.) 5 10,000 P=RSONALA ADVINI-RY S 11000,000 GE:rL AGGREGATE LLVIT APPLIES PER GENERAL AGGREGATE S 2,000,000 % POLICY❑PEP LOC PRODUCTS-COUP,OP AGG f 2,000,000 5 OTHER JA IN C IN L LIMB 3 1.000,000 4V LOMOBLLE LIABILITY I e I X ANY AUTO Y ASC.Z91-449522-031 06/01/2021 06/01/2022 BODILY INJURY(Pm PwW1 f CAVED SCI49DIAED BODILY INJURY(Par salaam) S AU;OS DNLY _ AURDS ppppE Ty Mp HIRED `ION�O'ANED Par I $ X AUTOS ONLY % I ALTOS ONLY I f C IEXCESS I�LIAB RETENTION fI�CMS-MADE LA21a%CZO20X6 TC 06/01/2031 06/01/2023 FACAGGREGATE gENCE 1,000,000 IS 1,000,000 C-LAI CED 15'ORHER5 COMPENSATION % P II IS B AND EMPLOYERS'LIABILITY YIN wC3-L91-499522-151 C6/01/2021 OE/Ol/2022 $TAi UT- ER ANIPROPRIETORIPARTt4EPIEnCCUII'AE F.t EACH ACCIDENT 5 11000,000 OFFICEREAEMBERE*CLUDLDT ❑Y NIA (AfammorybNMI EL.CISEABE EA EMPLOYEE 1.000,000 Il YeS avvnse vbOl E.L DISEASE POLICY LIMIT IS 1.000,000 DESCRIPTION OF OPERATIONS roIw DESCRIPTION OF OPERA uONSI LOCATIONS I VEHICLES(ACOJITII.AamI al Rsrti �S All more epewbnaulntll RE: No deductible on General Liability b Workers Compeno ��{{aa��q{{��11 rss[ Sweeping. The City of Huntington Beach, 1U of Liters, elected or appo ifiK Q$ W dyeea, agents and Volunteers are named ae an additional insured as respects to General Liability and Auto Liability. Insurance provided to Additional Innuredls) in primary and non-contributory an per the policy language. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Huntington Beach City of Huntington Beach Attn: Karen Poster, Risk Manag AUTHORIZED REPRESENTATIVE 2000 main Street Huntington Beach CA 92648 ®1986-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks Of ACORD Page 1 of 1 POLICY NUMBER:TB2-Z91-449522-111 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service. respect to liability for "bodily injury', "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury' on behalf of the additional insured(s) at the caused,in whole or in part, by: location of the covered operations has been 1. Your acts or omissions;or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law: and if coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contractor agreement; or by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury' or applicable Limits of Insurance shown in the "property damage'occurring after: Declarations. SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): The City of Huntington Beach, Its officers, elected or Huntington Beach. CA appointed officials,employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:TB2-Z91-449522-111 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury' or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. The insurance afforded to such additional insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SCHEDULE Name Of Additional Insured Person(s) Or Organizatlon(s): Location And Description Of Completed Operations The City of Huntington Beach, Its officers, elected or Huntington Beach, CA- Street Sweeping appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number:T62-Z91.449522-111 Item 10, Blanket Additional Insured Where Required By Written Contract Paragraph 2.of Section II-Who Is An Insured is amended to add the following: e.Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed In a written contract or written agreement to provide them coverage as additional Insureds under your policy: (1)Lessors of Leased Equipment:The person(s)or organization(s)from whom you lease equipment,but only with respect to Ilabillly for'bodily injury"."property damage'or'personal and advertising Injury'caused,in whole or in part,by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). (2)Managers or Lessors of Premises:Any manager or lessor of premises leased to you In which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional Insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, In whole or in part,by some negligent acts or omissions of you,your employees,your agents or your subcontractors.There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional Insured,except as provided below. If the written agreement obligates you to procure additional Insured coverage for the additional insured's sole negligence,then the coverage for the additional Insured shall conform to the agreement, but only If the applicable law would allow you to Indemnify the additional insured for liabllily arising out the additional insured's sole negligence. This Insurance does not apply to: (a)Any"occurrence"which takes place after you cease to be a tenant in that premises or to lease that land;or (b)Any premises for which coverage is excluded by endorsement. (3)Mortgagees,Assignees or Receivers: Any person(s)or organization(s)with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations,new construction and demolition operations performed by or for that person or organization. (4)Any Person or Organization Other Than a Joint Venture:Any person or organization(other than a joint venture of which you are a member)for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for"bodily injury",'property damage"or"personal and advertising Injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations;or (b) In connection with premises owned by you. This insurance does not apply to: 1.Any construction,renovation,demolition or installation operations performed by or on behalf of you,or those operating on your behalf; 2.Any person or organization whose profession,business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps,drawings,opinions,reports, surveys,change orders, designs, specification or the performance of any other professional services by such person or organization; or 3.Any person or organization more specifically covered in Paragraphs e.(1)through (4)above. The insurance afforded to any person or organization as an insured under this Paragraph 2.e.: (1)Applies only to coverage and minimum limits of insurance required by the written agreement or written contract,but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; (2)Does not apply to any person or organization for any"bodily injury","property damage"or"personal and advertising injury"if any other additional insured endorsement attached to this policy applies to that person or organization with regard to the"bodily injury","property damage"or"personal and advertising injury"; (3)Applies only if the"bodily injury'or"property damage" occurs,or offense giving rise to "personal and advertising injury"is committed, subsequent to the execution of the written agreement, and (4)Applies only If the written agreement is in effect at the time the"bodily injury"or"property damage"occurs, or at the time the offense giving rise to the"personal and advertising injury"Is committed. Item 11. Blanket Addillonal Insured -Grantors Of Permits Paragraph 2. of Section II-Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or In connection with premises you own, rent or control and to which this insurance applies,for which the slate, municipality or political subdivision has issued a permit. However, this insurance does not apply to: 1,"Bodily injury","property damage'or"personal and advertising injury"arising out of operations performed for the state, municipality or political subdivision; 2.Any"bodily injury"or"property damage"included within the"products-completed operations hazard",except when required by written contract or agreement initiated prior to loss;or 3. "Bodily injury","property damage"or'personal and advertising injury", unless negllgently caused.In whole or in part,by you or those acting on your behalf LC 04 44 04 12 Policy Number: TB2-Z91-449 52 2-1 11 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy 9:TB2-Z91-449522-111 Item 9. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or 'your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury' or"property damage" occurs, or offense giving rise to "personal and advertising injury'is committed subsequent to the execution of the written contract or agreement. LC 04 44 01 17 0 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc.,with its Permission. Policy Number ASC-Z91-449522-031 Issued by Employers Insurance Company of Wausau THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations II, Employees as Insureds III. Lessor-Additional insured and Loss Payee IV. Supplementary Payments- Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VIi. Additional Transportation Expense and Cost to Recover Stolen Auto Vill. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Physical Damage Deductible-Single Deductible Xi. Physical Damage Deductible-Glass XII. Physical Damage Deductible-Vehicle Tracking System XIII, Duties In Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV. Worldwide Liability Coverage-Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage-Broadened Coverage for Designated Individuals XIX. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXIII. Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy,the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or Joint venture, and over which you maintain ownership of more than 50 percent Interest,provided: A. There is no similar Insurance available to that organization; E. Unless you notify us to add coverage to your policy, the coverage under this provision Is afforded only until: 1. The 90th day after you acquire or form the organization;or 2. The end of the policy period, whichever Is earlier, and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 07 11 17 C 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. It. EMPLOYEES AS INSUREDS Paragraph A.I. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR• ADDITIONAL INSURED AND LOSS PAYEE A. Any -leased auto' will be considered an "auto' you own and not an "auto' you hire or borrow. The coverages provided under this section apply to any"leased auto'until the expiration date of this policy or until the lessor or his or her agent takes possession of the"leased auto"whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured provision Is changed to include as an 'insured" the lessor of the 'leased auto'. However, the lessor Is an "insured" only for "bodily Injury" or "property damage"resulting from the acts or omissions by: 1. You. 2. Any of your"employees"or agents;or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a 'leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay,as interests may appear,you and the lessor of the leased auto'for loss"to the covered "leased auto". 2. The Insurance covers the Interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your pan. 3. If we make any payment to the lessor of a'leased auto",we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy,we will mail notice to the lessor In accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy,we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement,the following definitions apply: "Leased auto' means an "auto" which you lease for a period of six months or longer for use In your business, Inducing any"temporary substitute'of such"leased auto". "Temporary substitute"means an "auto" that is furnished as a substitute for a covered 'auto' when the covered"auto"is out of service because of Its breakdown,repair,servicing,"loss"or destruction. AC 84 07 11 17 0 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. IV. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to$3.000 for cost of ball bonds (Including bonds for related traffic law violations)required because of an"accident"we cover.We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the"insured" at our request, Including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.5.of SECTION 11 -COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.S. of SECTION IV-BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible Insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6.In SECTION II-COVERED AUTOS LIABILITY COVERAGE for a covered "auto'is amended to add the following: This exclusion does not apply to"property damage"or"covered pollution cost or expense"involving"personal property" of your "employees" or others while such property Is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not Increase the Limit of Insurance. For the purpose of this section of this endorsement,"personal property is defined as any properly that Is not used In the Individual's trade or business or held for the production or collection of Income. VII.ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph AA.a,of SECTION III-PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay Is Increased to$50 per day and to a maximum limit of$1,000. B. Paragraph A.4.a.of SECTION III-PHYSICAL DAMAGE COVERAGE Is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it Is recovered to Its usual garaging location. Vlll. AIRBAG COVERAGE Exclusion B.3.a.In SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an alrbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion BA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes,records,discs or other similar audio,visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records,discs or other similar audio,visual or data electronic devices: AC 84 07 11 17 ®2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (1) Are your property or that of a family member; and (2) Are In a covered 'auto"at the time of"loss". The most we will pay for"loss"is$200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE -SINGLE DEDUCTIBLE Paragraph D.in SECTION III -PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown In the Declarations does not apply to'9oss"caused by fire or lightning. When two or more covered"autos"sustain"loss'In the same collision, the total of all the'loss"for all the Involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered"autos". XI. PHYSICAL DAMAGE DEDUCTIBLE—GLASS Paragraph D.In SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to"loss"to glass if you elect to patch or repair It rather than replace it. XII.PHYSICAL DAMAGE DEDUCTIBLE-VEHICLE TRACKING SYSTEM Paragraph D.In SECTION III-PHYSICAL DAMAGE COVERAGE Is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft If the vehicle Is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS Subparagraphs A.2.a. and A.2.b.of SECTION IV-BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accident", claim, "suit" or "loss", your Insurance manager or any other person you designate must notify us as soon as reasonably possible of such"accident', claim, "suit"or"loss". Such notice must include: (1) How,when and where the'accident"or-loss"occurred; (2) The"insured's'name and address;and (3) To the extent possible,the names and addresses of any Injured persons and witnesses. Knowledge of an 'accident", claim, 'suit" or 'loss' by your agent, servant or "employee" shall not be considered knowledge by you unless you, your Insurance manager or any other person you designate has received notice of the"accident", claim,"suit"or"loss"from your agent, servant or"employee". b. Additionally,you and any other involved"Insured"must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's"own cost. AC 84 07 11 17 ®2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. (2) Immediately send us copies of any request, demand,order,notice,summons or legal paper received concerning the claim or"suit". (3) Cooperate with us In the Investigation or settlement of the claim or defense against the"suit". (4) Authorize us to obtain medical records or other pertinent Information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. In SECTION IV-BUSINESS AUTO CONDITIONS Is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after Its discovery. XV. WORLDWIDE LIABILITY COVERAGE -HIRED AND NONOWNED AUTOS Condition B.7.in SECTION IV-BUSINESS AUTO CONDITIONS is amended to add the following: For"accidents"resulting from the use or operation of covered "autos"you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim Is made or "suit" Is brought against an 'insured" outside of the United Stales of America, Its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to Investigate, negotiate,and settle or defend such claim or'suit". It we do not exercise that right, the 'insured"shall have the duty to Investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the"Insured" for the expenses reasonably Incurred in connection with the Investigation, settlement or defense. Reimbursement will be paid In the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The"insured" shall provide us with such Information we shall reasonably request regarding such claim or "suit'and Its investigation, negotiation, and settlement or defense. The 'insured" shall not agree to any settlement of the claim or"suit" without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions,Puerto Rico and Canada. We will not furnish certificates of Insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto Insurance. Failure to comply with the auto Insurance laws of other countries may result In fines or penalties. This insurance does not apply to such tines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown In the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 64 07 11 17 ®2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office,Inc„with Its permission. I. The most we will pay for coverage afforded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered"auto"at the time of the'loss". 2. An adjustment for depredation and physical condition will be made In determining actual cash value in the event of a total"loss". 3. If a repair or replacement results In better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations,the deductible will be$250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph A.4.b.of SECTION III-PHYSICAL DAMAGE COVERAGE Is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "Insured' becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only If the Declarations Indicate that Comprehensive Coverage Is provided for any covered"auto"; (2) Specified Causes of Loss only If the Declarations Indicate that Specified Causes of Loss Coverage is provided for any covered"auto';or (3) Collision only If the Declarations Indicate that Collision Coverage Is provided for any covered 'auto". However, the most we vAll pay under this coverage Is$30 per day, subject to a maximum of$900. XVII. AUTO MEDICAL PAYMENTS COVERAGE-INCREASED LIMITS For any covered"loss",the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the 'Insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered 'autos", "Insureds',premiums paid,claims made, or vehicles Involved in the"accident". If no limit of Insurance for Auto Medical Payments Is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII.DRIVE OTHER CAR COVERAGE-BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages Indicated with an "X"in the Drive Other Car section of the Schedule to this endorsement. B. SECTION II-COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow Is a covered 'auto" for Liability Coverage while being used by any individual named In the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 07 11 17 0 2017 Ubeny Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. a. Any"auto"owned by that Individual or by any member of his or her household;or b. Any "auto" used by that Individual or his or her spouse while working in a business of selling, servicing, repairing or parldng"autos". 2. The following is added to Who Is An Insured: Any Individual named In the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "Insureds" while using any covered "auto" described in Paragraph B.1.of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any Individual named in the Drive Other Car section of the Schedule to this endorsement and his or her 'family members' are 'insured" while 'occupying' or while a pedestrian when struck by any "auto" you don't own except: Any"auto" owned by that Individual or by any"family member'. D. SECTION III- PHYSICAL DAMAGE COVERAGE Is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto' while in the care, custody or control of any Individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any"auto"owned by that Individual or by any member of his or her household; or 2. Any 'auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking"autos". E. For purposes of this endorsement,SECTION V-DEFINITIONS Is amended to add the following: "Family member" means a person related to the Individual named In the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who Is a resident of the Individual's household,Including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses Incurred by you for the rental of an "auto" because of a covered physical damage"loss" to an owned covered "auto'. Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered 'auto". No deductibles apply to this coverage. B. We will pay only for those expenses Incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered"auto",or the exhaustion of the coverage limit. C. Our payment Is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred;or 2. $30 per day with a maximum of$900 in anyone period. AC 84 07 11 17 02017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc.,voth Its permISSIOn. D. This coverage does not apply: 1. While there are spare or reserve"autos" available to you for your operations; or 2. If coverage Is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered"auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided for under Paragraph A.4. Coverage Extensions of SECTION ill — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section V II of this endorsement. XX.NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2.of the COMMON POLICY CONDITIONS Is changed to: 2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s)and address(es)shown in the Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days;or (2) The number of days specified In any other Cancellation Condition attached to this policy;or b. For reasons other than non-payment,the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non-renewal Schedule;or (3) The number of days specified In any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B. All other terms of Paragraph A.of the COMMON POLICY CONDITIONS, and any amendments thereto, remain In full force and effect. XXI. LOANILEASE PAYOFF COVERAGE The following Is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss' to a covered "auto" of the private passenger type shown In the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan forthatcovered "auto", less: 1. The amount paid underthe PHYSICAL DAMAGE COVERAGE SECTION of the policy;and 2. Any: a. Overdue leaselloan payments at the time of the'loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 07 11 17 0 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission, e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of$1,500 for each covered "auto". XXILLIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY -NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7.of SECTION IV -BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory Is extended to include Mexico but only if all of the following criteria are met: a. The"accidents"or"loss"occurs within 25 miles of the United States border;and b. While on a trip Into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.S. Other Insurance In SECTION IV-BUSINESS AUTO CONDITIONS is replaced by the following: The Insurance provided by this endorsement will be excess over any other collectible Insurance. B. Physical Damage Coverage is amended by the addition of the following: if a 'loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired In Mexico In order to be driven, we will not pay more then the actual cash value of such"loss'at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This Insurance does not apply: 1. If the covered"auto"is not principally garaged and principally used in the United States. 2. To any"insured"who is rat a resident of the United States. XXIIL WAIVER OF SUBROGATION Paragraph A.S.In SECTION IV-BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of"accident",to waive rights of recovery against such person or organization. AC 84 07 111117 ®2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation Premium. Subject to a minimum Premium charge of$250 per policy. Person or Organizatlon Job Description Where required by contract or Any written agreement prior to loss and allowed by law This endorsement changes the policy to which it is attached and Is effeclNe on the date issued unless otherwise staled. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 06101/2 0 2 1 Policy No.WC2-Z91-449522-151 Endorsement No. Insured JOe'S Sweeping,Inc. Insurance Company ubeny Mutual Fire Insurance Company City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ «r�vw.htintingtonbeachca.gov Its"� �� Office of the City Clerk ' Robin Estanislau, City Clerk October 6, 2021 Nationwide Environmental Services ATTN: Ani Samuelian 11914 Front Street Norwalk, CA 90650 Dear Ms. Samuelian: Enclosed is a copy of the fully executed "Service Agreement between the City of Huntington Beach and Nationwide Environmental Services, A Division of Joe's Sweeping, Inc. for Street Sweeping." Sincerely, 44 Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand