HomeMy WebLinkAbout2003-02-04; City Council; Resolution 2003-0281
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RESOLUTION NO. 2003-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AWARDING AN
AGREEMENT FOR STREET AND LOT SWEEPING SERVICES.
WHEREAS, the City of Carlsbad requires the services of a street and lot sweeping COntraCtOr,
and;
WHEREAS, proper bidding procedures have resulted in the receipt of a bid from a qualified
contractor, and;
WHEREAS, a best value evaluation has resulted in the selection of a qualified contractor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitals are true and correct.
2. The bid of Cannon Pacific Services LLC, PO Box 230147, Encinitas CA 92023, is the best
value.
3. The bid of Cannon Pacific Services LLC is hereby accepted.
4. The Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement,
a copy of which is attached, for and on behalf of the City of Carlsbad for one year, which may
be renewed by the City Manager for four (4) additional one-year periods, in an amount not to
exceed one hundred sixty-one thousand dollars ($161,000.00) per agreement year.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the city of
Carlsbad on the 4th day of FEBRUARY , 2003, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
LORRAINE M. WOOD,'city Clerk
(SEAL)
AGREEMENT' FOR STREET AND LOT SWEEPING SERVICES
CANNON PACIFIC SERVICES
THIS AGREEMENT is made and entered into as of the ~57& day of
, 20-, by and between the CITY OF CARLSBAD, a municipal
corporation, '("City"), and CANNON PACIFIC SERVICES LLC, a corp,oration ("Contractor").
RECITALS
A. City requires the professional services of a contractor that is experienced
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
in providing top-quality street sweeping services.
services and advice related to street sweeping.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for four (4)
additional one (1) year periods or parts thereof in an amount not to exceed One
Hundred Sixty-One Thousand Dollars ($1 61,000.00) per Agreement year. Extensions
will be based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for Services during the Agreement (including extensions) will be
Eight Hundred Five Thousand Dollars ($805,000.00). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
City Attorney Approved Version #04.01.02 1
Agreement. The City reserves the right to withhold a ten percent (10%) retention until
City has accepted the work and/or Services specified in Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will petform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for. any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bhd every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
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administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VI'.
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 . Commercial General Liabilitv Insurance. $2,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $2,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' ComDensation and Emdover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $2,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
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City Attorney Approved Version #04.01.02
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
1 0.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain Occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage. .
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any. of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
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City Attorney Approved Version #04.01.02
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv: For Contractor:
Public Works Supervisor/Streets NametJr)i'lr 5: I /+tup[iL!
Maintenance Title (A i-'/d/.-.F
City of Carlsbad Public Works
- '! /I
-
7 Address t 1.. (.A- . , >? ;I c\ ! ) *I -.,, ~ P. , , ,?
405 Oak Avenue
Carlsbad CA 92008
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to. another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subco.ntractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way '
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including,. but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
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City Attorney Approved Version #04.01.02
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18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure-this
Agreement, and that contractor has not paid or agreed to pay any company or person,
City Attorney Approved Version #04.01.02 6
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea, the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the patties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CANNON PACIFIC SERVICES, LLC
**By:
(sign here)
CITY OFLARLSBAD, a municipdf
AlTEST:
- City Clerk
(print namehitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #04.01.02 a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Bpersonally known to me
El proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
siilure ot Notsty Publk
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of'this form to another document.
Description of Attached Document
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
0 Individual
0 Corporate Officer
0 Partner - 0 Limited General
17 Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing:
Signer's Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General 0 Attomev-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
I I Signer Is Representing:
I I
0 1996 NatKvlal Notary ASSCCiation - 8236 Remmel Ave., P.O. Box 7184 CaMga P8ti1. CA 91309-7184 Pmd. No. 5907 Reo&c Call Toll-Free l"87-7
/I
EXHIBIT “A”
SCOPE OF SERVICES
I. Payment:
For all compensation for Contractor’s performance of work under this
Agreement, City shall pay to Contractor $12,160.76 per month for regular
street sweeping services and $980.00 for parking lot sweeping.
Periodically, adjustments to.the number of curb miles may be made due to
the addition of newly constructed streets or the temporary elimination of
existing streets due to construction. Cumulative adjustments of less than
six curb miles shall be considered immaterial and will not affect the
contracted .monthly cost. Cumulative adjustments in excess of six curb
miles shall be compensated at the rate of $10.00 per curb mile. Additional
parking areas will be compensated at the rate of $0.01 per square foot.
Additional special work of extraordinary nature including but not limited to
disaster, spillage and special events will be compensated at the rate of
$60.00 per hour at the request of the Public Works Manager or designee.
In the event of an annual extension to this Agreement, Contractor may
request a rate review and adjustment, based on factors such as cost of
living increases, etc. Any agreed upon rate revisions shall be included in
the Amendments to Agreement.
Periodically during the course of this Agreement, unforeseen
circumstances beyond Contractor‘s control may arise which impact
Contractor’s costs. Should this occur, Contractor shall submit to City a
written request for unit cost increase. City shall respond to this request
within ten working days. If City and Contractor mutually agree on the
increase, a standard Amendment to Agreement shall be prepared and
submitted to the City Manager for approval. Should Contractor and City be
unable to agree to .the terms of the requested adjustment within 30 days
after Contractor’s request, Contractor may terminate this Agreement upon
60 days written notice.
The closure date for each monthly invoice will be the 30th of each month.
Invoices from Contactor shall be submitted according to the required City
format to the Public Works Manager or designee no later than the loth day
of each month. Payments will be delayed if invoices are received after the loth of each month.
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II. Provisions of Labor and Materials:
Contractor shall provide all labor, materials, tools, equipment, and
personnel to perform the work specified by the Agreement Documents.
Ill. Scope of Work:
Contractor shall perform all as follows:
0 All residential and commercial streets to be swept two times per
month. (List of streets attached as Attachment 1 .)
0 Entire downtown Village area to be swept three times per week on
Mondays, Wednesdays, and Fridays. (Area posted 3:OO a.m. to
5:OO a.m. Downtown map attached as Attachment 3.)
Note: All extruded curbs to be included. See page 13, Section V, paragraph5 for
standard of work.
0 All alleys to be swept two times per month. (Alley map attached as
Attachment 3.)
0 All open striped and raised curb medians to be swept one time per
month unless otherwise identified as once per week.
0 All bike lanes on Carlsbad Boulevard, from north city limits to south
city limits, to be swept northbound and southbound one time per
week (on Fridays) with a broom-type sweeper.
0 The following road segments to be swept once per week:
o El Camino Real from Haymar Drive to the southern city limits
o Palomar Airport Road from Carlsbad Boulevard to the eastern
o La Costa Avenue from Interstate 5 to Rancho Santa Fe Road
o Paseo del Norte from Cannon Road to Palomar Airport Road
o Tamarack Avenue from Carlsbad Boulevard to Carlsbad
o Marron Road from Highway 78 to El Camino Real
city limits
Village Drive
All posted streets to be swept during the indicated time periods.
The entire surface of the parking lots are to be swept including the
(Posting list attached as Attachment 2.)
corners and behind the stop blocks.
The estimated monthly curb miles to be swept is 1,228.36 curb miles.
The estimated square footage of parking lots to be swept is 1,724,897,sq. ft. per month.
IV. Citv’s Riaht to Chanae Scope of Work:
City may require the addition or deletion of streets to the regular sweeping
schedule to accommodate streets constructed after the effective date of
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this Agreement, other streets or alleys, or parking lots. Any additions to the
scope of work shall be compensated at the curb mile rate specified in
Section I Pavment.
City may require occasional special additional work, as requested by the
Public Works Manager or designee. Any special work shall be
compensated at the hourly rate specified in Section I Payment.
City may require other changes to the scope of work, and Contractor shall
comply, provided that if such changes result in increased costs, Contractor
shall have the right to apply for a rate review and adjustment. A Standard
Amendment to Agreement shall be prepared by City according to the
procedures described in Carlsbad Municipal Code Section 3.28.172. Such
Amendment to Agreement shall not render ineffective or invalidate
unaffected portions of this Agreement.
Should Contractor and City be unable to agree to the terms of the
requested change within 60 days after City’s request, City reserves the
right to competitively bid said services.
V. Standard of Work:
Contractor shall perform the work described herein in a thorough and
professional manner so that the residents and businesses within the City
are provided reliable, courteous and high quality street sweeping services
at all times. Sweeping speed shall not exceed 8 miles per hour. At any
time the City determines sweeping speed has exceeded 8 miles per hour,
the Public Works Manager or designee may request any or all of the
sweeping route in question to be re-swept at no additional cost to City.
In the event inclement weather precludes adhering to the regular sweeping
schedule for two days or less in a given week, the sweeping areas so
affected shall be swept within one week of the regularly scheduled
sweeping day without interruption of the regular sweeping schedule.
Contractor shall perform all rescheduled work so required at no additional
cost to City. If inclement weather precludes adherence to the regular
sweeping schedule for three days or more, the affected areas may be
omitted from the schedule for that cycle only, and a credit issued to City at
the curb mile rate specified in Section I Pavment.
When a holiday occurs on a regularly scheduled sweeping day, said
sweeping area shall be swept within two days of the regularly scheduled
sweeping day without interruption of the regular sweeping schedule.
Contractor shall perform all rescheduled work so required at no additional
cost to City. A holiday schedule shall be submitted annually upon
Agreement renewal to the Public Works Manager for approval.
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In the event streets or portions thereof are omitted due to driver error,
Contractor shall sweep skipped areas within 24 hours notice from City.
In the event Contractor is prevented from completing the sweeping as
provided in the schedule for any other reason, he shall be required to
complete those services prior to the next regularly scheduled date or give
City credit for that work at the curb mile rate specified in Section I Pavment.
Adjustments for streets deferred and not swept prior to this deadline will be
shown separately on the monthly invoice. The 6 curb mile adjustment
provision specified in Section I Pavment shall not apply in this case.
Contractor may be required to submit reports at no additional cost as
requested by the Public Works Manager or designee concerning sweeping
schedules and other related matters. This may include a list of all streets
being swept with an accurate break down of the number of curb miles per
street.
All streets shall be clean and free from debris to the satisfaction of the
Public Works Manager or his designee upon completion of the sweeping.
Any streets that do not meet the satisfaction of the Public Works Manager or designee will require additional passes at no additional cost to City.
Contractor shall maintain an office and equipment yard in North San Diego
County. This facility must be located so that response time to any point
within the City of Carlsbad does not exceed 30 minutes.
In areas with offset angles and/or extruded curbs where the sweeper
cannot maneuver, specifically the village area, operator will use whatever
legal means necessary to maintain the cleanliness of these areas. These
areas shall be subject to all the terms and conditions listed above to the
satisfaction of the Public Works Manager or designee.
VI. Machinew and Eauioment:
Contractor shall use standard heavy street sweeping equipment as is
necessary to clean the streets of the City of paDer. dirt, rocks, and debris.
Contractor shall provide machinery and equipment sufficient in capacity
and number to perform the work required under this Agreement in strict
accordance with its terms. Said machinery and equipment shall comply
with all federal, state, and local requirements for such machinery and
equipment as they now exist or may be amended in the future, and be
registered with the California Department of Motor Vehicles.
Contractor shall furnish City with a written list of all machinery and
equipment and shall update the list annually upon renewal of Agreement.
The inventory shall list all machinery and equipment by manufacturer,
model year, ID number, date of acquisition, type and capacity. Contractor’s
name, unique vehicle identification number, and the phrase “Under
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Contract to the City of Carlsbad” shall be prominently displayed on all
machinery and equipment in letters no less than 2 Y2 inches high and
visible on both sides of each vehicle.
Nothing herein shall preclude the Contractor from substituting other equal
equipment due to maintenance or other factors upon prior notice to and
approval of City. All equipment shall be available for inspection by City
upon 24 hour notification to Contractor. Primary equipment used by
Contractor for work to be done under this Agreement shall be new. Backup
equipment shall not exceed three years in age unless certification is
presented to and approved by the Public Works Manager or designee that
equipment has been completely overhauled and/or rebuilt.
All streets will be swept with vacuum-type sweeping equipment except
those specified on Exhibit 4 herein and as may be modified by the Public
Works Manager or his designee.
VII. Work Schedule:
The hours during which the sweeping shall be performed shall be at the
discretion of Contractor subject to the approval of the Public Works
Manager or designee. Contractor may be required to conduct early
morning sweeping on certain major streets and downtown village areas.
Contractor shall be responsible to notify residents of the sweeping
schedule and any changes in the schedule, including holidays. No
sweeping shall occur prior to 7:OO a.m. in residential areas. Should
Contractor wish to change existing sweeping schedules or posted streets,
he will do so at his own expense provided such change is approved by
Public Works Manager or designee.
VIII. Debris DisDosal:
Contractor shall dispose of all debris collected under the performance of
this Agreement by hauling to a disposal site subject to the approval of the
Public Works Manager or designee. Contractor is not responsible for
debris disposal costs, however Contractor shall arrange for City to be billed
directly for said debris disposal costs. With 30 days written notice, City
may direct Contractor to make direct payment for debris disposal costs and
City shall reimburse Contractor for said costs. Contractor’s actual debris
disposal invoices are subject to review by the Public Works Manager or
designee.
IX. Water:
Contractor shall make all necessary arrangements through the proper
water district to obtain and pay for water necessary for the operation.
5
/6
X. Faithful Performance:
The standards of performance which Contractor is obligated to perform
hereunder are the standards which are considered to be good street
sweeping practices and shall be subject to the approval of the Public
Works Manager or designee.
Contractor shall maintain in full force and effect during the term of this
Agreement, a Bond for Faithful Performance from a corporate security
satisfactory to City. Said corporate security shall be duly authorized to do
business in the State of California. Said Performance Bond shall be equal
to one hundred percent (100%) of the estimated annual amount of this
Agreement.
XI. Cancellation Clause:
If Contractor refuses or fails to prosecute this Agreement or any separable
part thereof with such diligence as will ensure its completion within the time
specified by City or any extension thereof, or fails to complete such work
within such time, or if Contractor should be adjudged bankrupt, make a
general assignment for the benefit of creditors, or if a receiver should be
appointed on account of Contractor‘s insolvency, or if Contractor or any
subcontractors violate any of the provisions of this agreement, or if
Contractor fails to make prompt payment for materials or labor or if
Contractor persistently disregards laws, ordinances, or instructions of City,
City may serve written notice upon the Contractor and Contractor’s surety
of its intention to declare this Agreement in default, said notice to contain
the reasons for such intention to declare a default, and unless within ten
(1 0) days after the services of such notice, such violations shall cease and
satisfactory arrangements for the. corrections thereof be made, this
Agreement shall upon the expiration of said time, be in default.
Upon such default, City shall serve written notice thereof upon the surety
and Contractor. The surety shall have the right to (1) take over and
perform this Agreement or (2) deposit with City the amount herein below
described.
If the surety does not within fifteen (15) days after the serving upon it of a
Notice of Default, give City written notice of its intention to take over and
perform this agreement or does not commence performance thereof within
thirty (30) days from the date of City’s notice, City may take over the work
and prosecute the same to the extent of completion it deems necessary by
contractor or by any other method it may deem advisable for the account
and at the expense of Contractor, and the surety shall be liable to the City
for any cost or other damage and in such event City may, without liability
for doing so, take possession of and utilize in completing such work, such
equipment, and other property belonging to Contractor that may be on the
site of the work and be necessary therefore. Should surety fail to take over
6
and diligently perform the agreement upon Contractor’s default, surety
agrees to promptly on demand, deposit with City such amount as City may
reasonable estimate as the cost of completing all Contractor’s obligations.
For any such work that City elects to complete by furnishing its own
employees, materials, tools and equipment, City shall receive reasonable
compensation thereof including costs of supervision and overhead.
XII. Druq and Alcohol Free Workplace:
The City of Carlsbad is committed to maintaining a work environment free
from the effects of drugs and alcohol consistent with the directives of the
Drug Free Workplace Act. As a condition of this Agreement, Contractor
and Contractor’s employees shall assist in meeting the requirements of this
policy as set forth in the “City of Carlsbad Drug and Alcohol Use Policy”
incorporated by reference herein.
Contractor agrees that Contractor and Contractor’s employees, while
performing .service for the City, on City property, or while using City
equipment will not be in possession of, use, or be under the influence of
drugs or alcohol.
Contractor has the duty to inform all employees or agents of Contractor
that are performing service for City on City property or using City
equipment of the City’s objective of a safe, healthful and productive
workplace and the prohibition of drug or alcohol possession, use or
impairment from same while performing such service for City.
City has the right to terminate this Agreement and any other agreement
Contractor has with City if Contractor or Contractor’s employees are
determined by the Public Works Manager or designee to have breached
the provisions of Section XI1 herein as interpreted and enforced pursuant to
the provision of the City of Carlsbad “Drug and Alcohol Use Policy”
incorporated by reference herein.
XIII. Assianment of Contract:
Contractor shall not assign this contract or any part thereof or and monies
due thereunder without the prior written consent of City.
7
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CURRENT POSTED "NO PARKING" AREAS
VILLAGE AREA
Beech Street: Between State Street and Roosevelt Street.
Posted 3:OO a.m. to 5:OO a.m. daily.
Carlsbad Village Drive: Between Carlsbad Boulevard and 1-5.
Posted 3:OO a.m. to 500 a.m. daily.
Grand Avenue: Between Carlsbad Boulevard and Hope Street.
Posted 3:OO a.m. to 500 a.m. daily.
State Street: Between Oak Avenue and Laguna Drive.
Posted 3:OO a.m. to 5:OO a.m. daily.
Roosevelt Street: Between Carlsbad Village Drive and Beech Street.
Posted 3:OO a.m. to 500 a.m. daily.
Park Drive:
Cove Drive:
Marina Drive:
Bayshore Drive:
Harding Street:
Carol Place:
Pine Avenue:
Between Adams Street and Neblina Drive.
Posted 8:OO a.m. to 12:OO noon, 2nd & 4* Tuesday each month.
Between Park Drive and west end.
Posted 8:OO a.m. to 12:OO noon, 2nd & 4th Tuesday each month.
Between Park Drive and west end.
Posted 8:OO a.m. to 12:OO noon, 2nd & 4th Tuesday each month.
Park Drive to south end.
Posted 8:OO a.m. to 12:OO noon, 2"d & 4'h Tuesday each month.
Between Magnolia Street and Carol Place.
Posted 8:OO a.m. to 12:OO noon, 1'' & 3rd Tuesday each month.
Between Harding Street and Jefferson Street.
Posted 8:OO a.m. to 12:OO noon, 1'' & 3rd Tuesday each month.
Between Harding Street and Interstate 5.
Posted 8:OO a.m. to 12:OO noon, 1'' & 3'c1 Tuesday each month.
STS Street Sweeping Schedule - Updated August 28, 2002 Page 23 Attachment 2
3 [/
Laguna Drive:
Kremeyer Circle:
Washington Street:
Lincoln Street:
Oak Avenue:
Monroe Street:
Tyler Street:
Davis Avenue:
Davis Place:
Knowles Avenue:
Between Jefferson Street and 1-5.
Posted 8:OO a.m. to 12:OO noon, 1" & 3" Tuesday each month.
Between Laguna Drive and end.
Posted 8:OO a.m. to 12:OO noon, 1'' & 3" Tuesday each month.
Between Carlsbad Village Drive and Oak Avenue.
Posted 8:OO a.m. to 12:OO noon, 1'' & 3rd Tuesday each month.
Oak Avenue to Carlsbad Boulevard.
Posted 8:OO a.m. to 12:OO noon, 1" & 3'cl Tuesday each month.
Between Washington Street and Lincoln Street.
Posted 8:OO a.m. to 12:OO noon, 1'' & 3'cl Tuesday each month.
Between Chestnut Avenue and Basswood.
Posted 4:OO a.m. to 6:OO a.m., 1'' & 3rd Wednesday each month.
Between Oak Avenue and Chestnut Avenue.
Posted 500 a.m. and 7:OO a.m., 1'' & 3rd Tuesday each month.
Between Laguna Drive and Knowles Avenue.
Posted 8:OO a.m. to 12:OO noon, 1'' & 3'cl Wednesday each month.
Between Davis Avenue and the end.
Posted 8:OO a.m. to 12:OO noon, 1" and 3'd Wednesday each month.
Between Jefferson Street and 1-5 Freeway.
Posted 8:OO a.m. to 12:OO noon, 1'' and 3rd Wednesday each month.
STS Street Sweeping Schedule - Updated August 28,2002 Page 24 Attachment 2 ". r. /-
PARKING LOT SWEEPING SCHEDULE
LOCATION EST SQ FT FREQUENCY
1 Holiday Park
2 Parks Yard
3 Magee
4 Poinsettia
5 La Costa Canyon
6 Stagecoach
7 Calavera
8 Safety Center
9 Street Dept
10 Beach Bluff
11 Old Train Depot
12 Fountain
13 State Street
14 Vera Cruz
15 Washington Street
16 Garfield
17 Roosevelt - North
18 Roosevelt - South
19 Pine Field
20 City Hall
21 Cole Library
22 Wickham Way
23 Hosp Grove
24 Senior Center
25 School Admin
26 Harding Center
27 Swim Complex
28 Faraday
29 Farmer's Building
30 Dove Library
31 Water District
32 Duck Pond
TOTAL:
STS Street Sweeping Schedule - Updated August 28,2002
18,500
13,000
5,000
88,828
8,800
96,700
56,715
37,600
8,600
17,875
27,260
15,000
14,900
24,000
14,672
20,000
18,460
15,525
13,600
36,300
50,964
19,500
13,750
62,500
19,375
1 1,200
19,574
98,635
209,017
9851 6
27,200
18,600
1,724,097
Page 25
1 x Month
1 x Month
1 x Month
1 x Month
1 x Month
1 x Month
1 x Month
1 x Month
2 x Month
2 x Month
2 x Month
2 x Month
2 x Month
2 x Month
2 x Month
2 x Month
2 x Month
2 x Month
1 x Month
2 x Month
2 x Month.
2 x Month
2 x Month
1 x Month
1 x Month
2 x Month
2 x Month
2 x Month
1 x Month
2 x Month
1 x Month
1 x Month
PER MONTH
Attachment 2
3k
- City of Carlsbad
REQUEST FOR BID
July 18,2002
BID NO. 03-02 DATE DUE: AUGUST 14,2002
1l:OO AM
FOR: STREET AND LOT SWEEPING SERVICES
The City of Carlsbad is requesting bids for street and lot sweeping services per the attached specifications
and conditions. Your bid must be submitted on the attached forms. Additional documentation may be
added if desired. Please review the entire bid package before submitting your bid. Incomplete submissions
may be rejected as non-responsive. Our goal is to have the successful contractor providing services as soon as possible after award. The agreement will be for a one-year period with four additional one-year
option periods.
In accordance with the Carlsbad Municipal Code, awards shall be based on a best value evaluation.
Criteria used for the evaluation will include: cost, responsiveness to specifications, references, ability to
provide services, consistency with current standards, implementation schedule, other qualifications and
unspecified value-added offerings by the bidder. The lowest bidder may not receive the award.
We will expect the successful bidder to sign a contract. A sample contract is attached which includes the
scope of services and is part of your bid. The final contract will include this request for bid and the
successful bidder's response. Please do not execute the contract at this time.
The City reserves the right to reject any or all bids or any part of the bid, to waive minor defects or
technicalities, or to solicit new bids on the same project or a modified project. Please read the insurance requirements and general provisions carefully, they are part of your bid.
No "guarantee of good faith" will be required for this bid. Proof of insurance and necessary licensing and a
100% faithful performance bond will be required of the successful bidder only.
Please direct questions about the bid specifications to Greg Woods, Public Works - Streets, at 760434- 2939. Please direct questions about the bid process in general to Kevin Davis, Purchasing Department, at
760-602-2466.
Fax Number - w2
OPENED, WITNESSED AND RECORDED:
$ NONE (FAILURE TO SUBMIT GUARANTEE
OF GOOD FAITH, WHEN REQUIRED, WILL
VOID THE QUOTE. SEE ITEM 3, PAGE 2,
GENERAL PROVISIONS.
THE CITY OF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINORITY- AND WOMEN-
OWNED BUSINESSES 37
1635. Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-2460 FAX (760) 602-8556 @
Paelfic Services
P.O. Box 2301 47
BIDDER’S COST OF SERVICE Encinitas, CA 92023
The undersigned declares he/she has carefully examined the locations of the work, read the Notice Inviting
Bids, examined all specifications, and hereby proposes to furnish all labor, materials, equipment,
transportation, and services required to do all the work to complete the Agreement for Street and Lot
Sweeping Services in accordance with the specifications of the City of Carlsbad, and the General
Provisions and that he/she will take in full payment therefore the following unit prices for each item
complete, to wit:
1. Regular monthly street
sweeping service
2. Cumulative adjustments in excess
of 6 curb miles to
quantity for regular
street sweeping service
3. Additional special work
of an extraordinary
nature at the request of
the Public Works
Manager or designee”
4. Regular monthly
parking lot sweeping
service
5. Additional parking lots
added during the year
*All quantities are es‘
12 months
per year
1 hour
(Approx. 50 -100 hours per $ &”” $3,rn” b,&E
Year) per hour per hour p,Lfypur. a-IO0 .. ilmu5ptyq~
12 months $ $ ci,b.(~
(Approximately 1,724,897 sq. per month per year
fL Der month) I I
1 sq. ft.
(Approximately 1,000 sq. ft.)
nates based on historical analysis and are not binding.
$ ’O( $ 6fhU.G
per sq. ft. per sq. ft.
“(For example: storm clean-up, material spilled on public roadways, special sweeps due to heavy
gutter debris or parked vehicles, special events, water main Dim breaks.)
(j& kh&dD&a bfw 6hlG b!lItd~h.ND~ wA &I* ’b
Total amount of bid in words: l0-r s: tJ I * mmwn 51\LskLNl)LR) FuLLp~o\ollazs 1’ @/m + 146,jZi. ‘2 - 5flee1-s pe(z \I kwQ Total amount of bid in numbers: $ CI & . E - Lors kLyw
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). (h6 (r) hashave been received and idare
included in this proposal.
The Undersigned has checked carefully all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
- City of Carlsbad
August 1,2002
ADDENDUM NO. 1
Please include this addendum in the Request for Bid package you have for the
\ above project. See the following page(s) for details.
Bid due date and time are unchanged.
This page of the addendum - receipt acknowledged - must be attached to your
bid when it is submitted.
KEVIN DAVIS
Buyer
Attachment
I ACKNkWLEDGE RECEIPT OF ADDENDUM NO. 1
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2460 - FAX (760) 602-8556 @
ADDENDUM NO. 1
TO
BID NO. 03-02 - STREET AND LOT SWEEPING SERVICES
The following changes are made to the specifications:
0 Insurance coverages for General Liabilitv. Automobile Liabilitv and
Worker's Compensation must be a minimum of $2 million dollars each.
0 Primary sweepers must be equipped with a giobai positioning system
(GPS) with the ability to continually record the location of the sweeper
while operating in the City of Carlsbad.
0 The Contractor shall have a minimum of two broom sweepers and two air
sweepers. At least one of the broom sweepers and one of the air
sweepers must be new and unused. All sweeping equipment must be PM10 and Rule 1186 compliant.
0 Contractor must have service and support equipment (i.e. fully equipped
service truck and tire replacement equipment) available at all times.
BOND NO. 188 43 27
PREMIUM: $2,232.00
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That CANNON PACIFIC SERVICES, LLC ("Contractor") and
and firmly bound unto the CITY OF CARLSBAD, as Obligee, hereinafter called Owner, in the sum of ***ONE mRED SIXTY ONE THOUSAND AND
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE EXPLORER INSURANCE COMPANY ("Surety") are held
NO/lOOTES*** ($16l,OOO.W) Dollars,
WHEREAS, Contractor has been awarded and is about to enter into a contract with
Owner to perform all work required under the Bid Schedule(s) of the Owner's specifications entitled,
AGREEMENT FOR STREET AND LOT SWEEPING SERVICES
WHEREAS] the provisions of the Contract are incorporated by reference into this Faithful Performance Bond and shall be part of Surety's obligation hereunder. '
NOW THEREFORE, if Contractor shall perform all the requirements of contract
required to be performed on his part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise, it shall remain in full force and effect.
PROVIDED, that
(1) any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release Contractor or Surety hereunder]
(2) any extensions of the time granted under the provisions of Contract shall not release either Contractor or Surety from their respective obligations to Owner,
(3) notice of any such alterations or extensions of the Contract is hereby waived by Surety. **
**THIS BOND IS IN FORCE FOR A PERIOD OF ONE (1) YEAR FROM THE DATE FIRST
WRI'lTEN ON TBE ''ACWXMENT FOR STREET AND LOT SWEEPING SERVICES." UPON
SIJRETY'S RECEIPT OF DocuwENTdTION TBBT THE "AGREEKENT" HAS BEEN AMENDED
(AFl'ER THE FIRST YEAR OF SERVICE IS COMPLETED) TO EXTEND THE STREET AND
LOT SWEEPING SERVICES FOR ANOTHEB CONSECUTIVE ONE (1) YEAR PERIOD, SUBETY
JUS THE OPTION TO BENEW THIS BOND FOR ANOTJ3ER ONE (1) YEAR PaOD OR SEND
NOTICE OF CANCELLATION. ' 5/5/99 r, /
(4) any payments (including progress payments) made on behalf of Owner to
Contractor after the scheduled completion of the work to be performed pursuant
to the Contract shall not release either Contractor or Surety from any obligations
under the Contract or this Faithful Performance Bond, or both, including any
obligation to pay liquidated damages to Owner.
Executed by CONTRACTOR this 5m Executed by SURETY this 5713
day of SEPTEMBER ,20 02 . day of ,20 02 .
SURETY:
IFIC SERVICES
SBN DIEGO. CB 92130
(address of Surety)
619/261-7330
(print name here) (telephone number of Surety) i(l d , ,M(7]J ' ,*,p -. L By: (Tiire and Organization of Signatory) (sgnaturekd Attodey-h-Fact)
By: BROOKE LBFREElZ, ATTORNEY-IN-FACT
(sign here) (printed name of Attomey-in-Fact)
(print name here)
(Attach corporate resolution showing (Title and Organization of Signatory) current power of attorney.)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must
be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
5/5/99
IFORNIA ALL-PURPOSE ACKNOWLEDGMENT
On 05 SEPTEMBER 2002 before me, WENDY H- DOWNS, NOTARY PIJBLIC
I OAT€ NAME, TllLE Of OFFICER. E.G..’JANE DOE. NOTARY PUBUC
personally appeared BROOKE LAFRENZ I
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
NAME(S) OF SIGNEWS)
/
OPTIONAL
Though the. data below is not required by law, it .may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AlTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
WS) TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
[19 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIANCONSERVATOR 0 OTHER:
0 GENERAL
DATE OF DOCUMENT
SlGNER W REPRESENTING: r#AEOF~oRrn~
SURETY SIGNER(S) OTHER THAN NAMED ABOVE
County of d.+A D/ k c c
On /ddd 9, A;(Loa beforeme, <-Lm/'//& /hrr~& nr/p 7- 8
personally appeared 'a /KC CL . 6 Dste -. Name urcl Tdle of CMbr (e.&, -Jane Doe, Notary Public')
"
ql>7l*71
NWs) 01 signer(s)
dpersonally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name@) idare subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature@) on the instrument the
person@), or the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal.
Qj*p*bA __
Signature of Notary Public
OP77ONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Individual
0 Corporate Officer
Title@): 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee- 1 0 Guardian or Conservator
0 Other: I of thumb here
I
Signer Is Representing:
I ll "
Signer's Name:
0 Individual
0 Corporate Officer
Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Trustee
0 Guardian or Conservator
0 Other:
I I Signer Is Representing: I I
“ No. 000162J
ICW GROUP Power of Attorney Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporahon duly orgaruzed under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Anzona, and Independence Casualty and Surety Company. a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the “Compames”), do hereby appomt
LARRY D. COGDILL. MICHAEL W. THOMAS, INGRID ERIKA CROSBY, BROOKE LAFRENZ, WENDY H. DOWNS
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Compatues, fidelity and surety bonds, undertahgs,
and other similar contracts of suretyshp, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized offrcers hs 16th day of January, 2001
INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary - John L. Hannum, Executive Vice President
State of California county of San mego 1 SS.
On January 16,2001, before w, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me b be the persons whose names are subscribed to the WI~~III instrument. and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the msbument, the entity upon behalf of whch the persons acted, executed the inslnunent.
Witness my hand and official seal.
Norma Porter, Notary Public
RESOLUTIONS
Thts Power of Attorney is granted and is signed, sealed and notanzed with facsimile signatures and seals under authority of the followmg resolutions adopted by
the respective Boards of Jhectors of each of the Companies.
“RESOLVED: That the President, an Executive or *or Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appomtjng the person(s) named as Attorney@)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertahngs, and other sinular contracts of suretyship, and any related
documents.
RESOLVED FURTHER. That the signatures of the oficers mahg the appointment, and the signature of any officer certifjing the didty
and current status of the appointment: may be facsmile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimde representations referred to herein may be affixed by stampmg, prinhng. typing, or
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West. The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Comparues, and are now in full force.
IN WITNESS WHEREOF, I have set my hand th~s 5TH day of SEPTEMBER , 2002
photocopying. ”
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 1 1 1 and ask for the Surety Division. Please refer to the Power of Attomey Number,
the above named in&vidual(s) and details of the bond to which the power IS attached For informstion or filing claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 92 130-2045 or call (858) 350-2400
ACORP,, CERTIFICATE OF LIABILITY INSURANCE DATE (MWDOW
0110512003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION
Lernark lnsuiance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
11494 Burbank Elvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
License #0652118
North Hollywood CA 91601 INSURERS AFFORDING COVERAGE NAlC #
INSURED Cannon Pacific Services, LLC RJ3UP.W A: LINCOLN GENERAL INWRANCE CO
P.O. Box 230147
. INSURER 0; Encinhs CA 92023
,lNsuRERc
INSURER 8:
1 ! INSURERE COVERAGES
ALL OWNED AUTOS
SCHEDULED AUTOS
NON-OWNEDAWOS
DESCRI~ION OF op-nms I LOCATIONS I VEHICLES I ETCLUSIOW ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ALL OPERATIONS INCLUDING STREET L LOT CLEANING SERVICE FOR ClTy OF CARLSW
CERTIFICATE HOLDER IS NMD AS ADDITIONAL INSURED
CERTIFICATE HOLDER CANCELlATlON
CIM OF CARLSBAD
PURCHASING DEPT
1635 FARADAY AVE
CARLSBAD. CA 92008
S~UU)IUP(OFTHE~OV~!D~~CRI~EDPOLICIESBECWCELLU)BEFORET~EEXP~~ON
DATE THEREOF, THE ISSUINB INSURER WILL ENDE4mR TO WL 10 DAYS WRI-
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FmUE To DO so sm
NO OBU~ATlON OR Ub5UlY OF ANY KIND UPON THE INSVRER, AGENTS OR
REPRESEHTATNES.
AUTHOWZED REPRWENTATN 7&: Y6 ACORD 25 (ZOOllOS) Q ACORD CORPORATION 198E
POLICY NUMBER: LRAS 7 0 63 2 COMMERCIAL GENERAL LlABlLlTY GB 20 10 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAP IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS = SCHEDULED PERSON OR ORGANIZATION
This endorsement mndifies insurance providee under the following!
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
I Name at Penon or 0rgmixEdon:C'ITY OF CARLSBAD, PURC#ASING DEPT. 7
1635 FARRDAY AVENUE
CARLSr-sAD, CA 92009
(If no anrry appears above. infermation retauired lo complete this endorsement will be shown in the Dec- larations 33 applleabb to rhIr endorscunsnr.1
Is An lruursd (S0CT.h I11 is rnm~dsd !o, iddo 8s on inwed the parton or organization shown in rho Schedule. but only with respecr TO liabiliry urrsmg aut of your ongoing apurians performed for that insured.
Ct 20 10 03 97 Copyright. lnsrrnrnce Services Office. he.. 1996
..
CERTIFICATE OF INSURANCE
STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, llfinols
STATE FARM GENERAL INSURANCE COMPANY, Bloornington, Illinois 0 STATE FARM FIRE AND CASUALW COMPANY, Scarborough, Ontarlo 0 STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven. Floride 0 STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Name of policyholder CANNON, PATRICK DBA CANNON PACIFIC SERVICES
Address of policyholder P 0 BOX 230147 ENCINITAS, CA 92023
Location of operations ALL LOCATIONS
Description of operations
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these poltcies is
subject to all the terms exclusrons, and conditions of those policies. The lime of liabiirty shown may have been reduced by any paid
claims
POLICY NUMBER
"."""""""~".~."".. This insurance includes:
92-P6-9343-5
POLICY PERIOD I LlMlTS OF LLABlLlN TYPE OF INSURANCE (at beginning of porky perlod) €wive D* j ~xpweakn DOQ
Comprehensive BODILY INJURY AND
Buslness Lbeblltty
Products - Completed Operations 0 Contractual Liabiltty 0 Underground Hazard Coverage 0 Pesonal Injury 0 Advettising Injury 0 Explosion Hazard Coverage 0 Collapse Hazard Coverage
n
"_""_________""________ 1 """"""""": """_"""""
D
PROPERTY DAMAGE
Each Occurrence s
Products - Completed $
Operations Aggregate
U
POLICY PERIOD eoolLv INJURY AND PROPERTY DAMAGE D(CESS LlmlLln (Combined Single Limit) E" D+ta 1 Expltocbn D&
umbreh Each Occurrence S 4,000,000 11/01/02 j 11/01/03
Part 2 BODILY INJURY
Workera' Compensation
and Ernployem Liability Each Accident $
Disease Each Employee S
Disease - Pdicy Limit $
POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER (at beginning of policy perlod) Effbctive ~;lte j TYPE OF INSURANCE
948-6571-FZ7-75H 500/500/100 06/22/02 i 06/22/03 ANY AUTO
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEWTNELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
ADDITIONAL INSURED If any of the described policies are canceled before its expiration date. State Farm will try to mail a
written notice to the certificate holder 30 days before
Name and Address of Certificate Holder cancellation. If however, we fail to mall such notice,
no obligetion or liability will be imposed on State CITY OF CARLSBAD ENGINEERING DEPT.
1633 FARADAY
CARLSBAD,' CA. 92008
r representatives.
Tkb
Agent'acadestarnp
SfNE FARM INS. CO.
AFOCods 1150 MICHAEL FISCUS
17037 Chalsworth St I 100
LIC I 004 1662
Granada HIIIs. CA 91344
I~~~~~~~~SO~O~f~~(81B)360-1544 1-/4
NOT TRANSFERABLE
BUS. NUMBER
., 121'1977
CJTY OF CARLSBAD . -. POST IN CONSPIWO&E PUCE . . . -. . .,
BUSINESS REGISTRATI *. .
DATE LsiuED 031 912002
'.' SIC CODE, ; SIC DWRIPTIQN , 421-2: *_ Local Trucking Without Storage
OWNER FIRM OR CORPORATION NAME
\
BUSINESS NAME CANNON PACIFIC SERVICES,'LLC . .
MAlLlNG ADDRESS PO BOX 230147
CrP, AND-STATE ENCINFTAS, CA 92023-0147