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HomeMy WebLinkAbout1997-08-26; City Council; 14306; AWARD CONTRACT FOR STREET SWEEPING SERVCIES CONTRACT NO.CS97-5. 4' CITWF CARLSBAD - AGENDWILL -*j+~ 6: c AB#Uh%-. TITLE: AWARD CONTRACT FOR < MTG.".- 08/26/97 STREET SWEEPING SERVICES DEPT. CSD CONTRACT NO.CS97-5 DEPT, CITY I CITY I . n w zz on B 2 z 0 .. 5 a 2 0 z 3 0 0 - -~ ~ ~~ ~~~ ~ ~~ ~ ~~ ~ ~~~ ~~ ~ ~~ ~ ~~ ~ ~~ ~~~~ ~~ RECOMMENDED ACTION: Adopt Resolution No. 9'1*5%ccepting the bid of $126,882 and awarding the contract September 1,1997 through June 30,1998. Pacific Services for street sweeping services in accordance with Contract No. CS97-5 for t ITEM EXPLANATION The current contract for street sweeping services with the R.F. Dickson Company wa December 1995 and expired June 30, 1997. In accordance with Section 3.28.120 of th Code, Notice to Bidders was published and Requests for Bid were sent to six contractors. were received and opened on May 15, 1997. A review of the bids revealed that all three interpreted the contract bid sheets in slightly different ways. As such, the bids were rejec contract re-advertised, with the new bids to be opened July 15, 1997. In the interim, contract with R.F. Dickson Company was extended until such time a new contract could and executed. Four bids were received, opened, witnessed and recorded on July 15, 1997. The res follows: COMPANY NAME R.F. Dickson Company New Wave California Street Maintenance Cannon Pacific Services BID AMOUNT 134,562.20 132,110.00 147,072.00 126,882.00 Based on the bids, staff recommends awarding the Street Sweeping Services Contract No Cannon Pacific Services in accordance with the terms outlined in the attached contract doc FISCAL IMPACT The current contract is in the amount of $151,200 annually, with debris disposal costs paid the City. The proposed contract is in the amount of $126,882 annually, a savings of near As this contract is budgeted in the Gas Tax Fund, the award will not impact the General Fut I EXHIBITS 1. Resolution No.93' 5 32) with contract attached. September 9, 1997 Mr. Patrick Cannon Cannon Pacific Services P. 0. Box 230147 Encinitas, CA 92023-0147 Re: Agreement for Street Sweeping Services The Carlsbad City Council, at its meeting of August 26, 1997, adopted Resolution No. 97-57 approving an agreement with Cannon Pacific Services for street sweeping services. Enclosed please find a fully signed copy of the agreement and a copy of Resolution No. 97-5’ for your files. 2&gSi$jCMC Assistant City CIer /. . Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-281 b ll 0 0 4 1~ 2~ 3 4~ 5' 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20! 21 22 23 24 25 26 I RESOLUTION NO. 97-570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING BIDS AND AUTHORIZING EXECUTION OF CONTRACT NO. CS97-5 FOR STREET SWEEPING SERVICES WHEREAS, bids have been received by the Gity of Carlsbad, Ca\ifornia, sweeping services in accordance with Contract No. CS97-5; and WHEREAS, the lowest responsive bid received for these services was su ~ Cannon Pacific Services in the amount of $126,882; and WHEREAS, funds are available in the gas tax fund for these services. NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of C follows: 1. The above recitations are true and correct. 2. The bid of Cannon Pacific Services, for the amount of $126,882, is hereb and the Purchasing Officer is hereby authorized to execute a purchase or acquisition of street sweeping services for the period of September 1, 19' June 30, 1998, which may be renewed by the City Manager, upon I performance for up to four additional one year periods, with revised contra1 be set after mutual agreement. 3. The Mayor of the City of Carlsbad is hereby authorized and directed to contract, a copy of which is attached hereto, for and on behalf of the City o PASSED, APPROVED AND ADOPTED by the City Council of the City of Car regular meeting held on the 26th day o AYES: Council Members Lewis, Fi ABSENT: Council Member Kulchin NOES: None ATTEST: 27 28 (SEAL) ., 0 0 STREET SWEEPING SERVICES AGREEMENT This agreement is made this 3rd day of SEPTEMBER , 1997 , by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), an Cannon Pacific Services whose principal place of business is 6102 Avenida Encinas Unit H, Carlsbad CA 92008, (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Term. The term of this Agreement shall commence September 1, 1997 and continue until June 30, 1998. This Agreement may be extended by the City Manager for up to four additional one year periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicating effective date and length of the extended Agreement. 2. Description of Work. Contractor shall perform all work described herein the Agreement Documents as designated in Paragraph 4. 3. _Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Agreement Documents. 4. Agreement Documents. The Agreement Documents consist of this Agreement, Notice Inviting Bids, Contractor's Proposal, Designation of Subcontractors, Bidder's Statements o Financial Responsibility and Technical Ability, Non-collusion Affidavit, and Exhibits 1 through 4, and all proper amendments and changes made thereto in accordance with this Agreement, all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide the work as indicated, specified, and implied by the Agreement Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Agreement, City will be the interpreter of the intent of the Agreemen, Documents, and City's decision relative to said intent will be final and binding. Failure of Contractor.to apprise subcontractors and materials suppliers of this condition of the Agreement will not relieve responsibility of compliance, 5. Payment. For all compensation for Contractor's performance of work under this Agreeme City shall pay to Contractor $10,450 per month. Periodically, adjustments to the number c 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 si: 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 r $9.50 per curb mile. Additional special work of extraordinary nature including but not limit1 to disaster, spillage and special events will be compensated at the rate of $57.00 per hour at the request of the Community Services Director. In the event of an annual extension to this Agreement, Contractor may request a rate rev11 and adjustment, based on factors such as cost of living increases, etc. Any agreed upon 18 Y m 0 rate revisions shall be included in the Extensions 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, this request within ten working days. If City and Contractor mutually agree on the increa a standard Amendment to Agreement shall be prepared and submitted to the City Maria( for approval. Should Contractor and City be unable to agree to the terms of the request€ adjustment within 30 days after Contractor’s request, Contractor may terminate this Agreement upon 60 days written notice. Contractor shall submit to City a written request for unit cost increase. City shall responc The closure date for each monthly invoice will be the 30th of each month. Invoices from Contractor shall be submitted according to the required City format to the Street Maintenance Superintendent no later than the loth day of each month. Payments will be delayed if invoices are received after the loth of each month. 6. Citv’s Right to Chanqe Scope of Work. City may require the addition or deletion of streei date of this Agreement, other streets or alleys, or parking lots. Any additions to the scop work shall be compensated at the curb mile rate specified in Section 5 Payment. City may require occasional special additional work, as requested by the Community Services Director or designee. Any special work shall be compensated at the hourly rate specified in Section 5 Pavment. City may require other changes to the scope of work, and Contractor shall comply, provic that if such changes result in increased costs, Contractor shall have the right to apply for 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 portic of this Agreement. Should Contractor and City be unable to agree to the terms of the requested change wit1 to the regular sweeping schedule to accommodate streets constructed after the effective 60 days after City’s request, City reserves the right to competitively bid said services. ,. 7. Scope of Work. Contractor shall perform all as follows: All residential and commercial streets to be swept two times per month. (List of stree attached as Exhibit 1) 0 Entire downtown Village area to be swept three times per week. (Area posted 3:OO A.M. to 5:OO A.M. Downtown map attached as Exhibit 2) All alleys to be swept two times per month (Alley map attached as Exhibit 2) 0 All open striped and raised curb medians to be swept one time per month. 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 19 0 0 sweeper. All posted streets to be swept during the indicated time periods. (Posting list attachec as Exhibit 3) The estimated monthly curb miles to be swept is 1,100 curb miles. 8. 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 spee shall not exceed 8 miles per hour. At any time the City determines sweeping speed has exceeded 8 miles per hour, the Street Maintenance Superintendent may request any or a of the sweeping route in question be re-swept at no additional cost to City. In the event inclement weather precludes adhering to the regular sweeping schedule for 1 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 sweepin schedule. Contractor shall perform all rescheduled work so required at no additional cosi City. If inclement weather precludes adherence to the regular sweeping schedule for thrt days or more, the affected areas may be omitted from the schedule for that cycle only, ar a credit issued to City at the curb mile rate specified in Section 5 Pavment. When a holiday occurs on a regularly scheduled sweeping day, said sweeping area shall 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 additional cost to City. A holiday schedule shall be submitted annually upon Agreement renewal to the Community Services Director for approval. 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 tt next regularly scheduled date or give City credit for that work at the curb mile rate specifi in Section5 Pavment. Adjustments for streets deferred and not swept prior to this dead1 will be shown separately on the monthly invoice. The 6 curb mile adjustment provision specified in Section 5 Payment shall not apply in this case. Contractor may be required 1 submit reports at no additional cost as requested by the Community Services Director 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 Community Servic Director or his designee upon completion of the sweeping. Any streets that do not meet satisfaction of the Community Services Director will require additional passes at no additional cost to City. Contractor shall provide all sweeper operators with route lists, route maps and descriptic work to be completed. Sweeper operators shall have these documents in possession w performing the work required under this Agreement. 20 e 0 9. Machinerv and Equipment. Contractor shall use standard heavy street sweeping equipme as is necessary to clean the streets of the City of paper, dirt, rocks, and debris. Contractc shall provide machinery and equipment sufficient in capacity and number to perform the 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 witt 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 rnachinerq and equipment by manufacturer, model year, ID number, date of acquisition, type and capacity. Contractor’s name, unique vehicle identification number, and the phrase “Unde Contract to the City of Carlsbad” shall be prominently displayed on all machinery and equipment, in letters no less than 2% inches high visible on both sides of each vehicle. Nothing herein shall preclude the Contractor from substituting other equal equipment due maintenance or other factors upon prior notice to and approval of City. All equipment sh: be available for inspection by City upon 24 hour notification to Contractor. Equipment USI by Contractor for work to be done under this Agreement shall not exceed four years in ag unless certification is presented to and approved by the Community Services Director tha equipment has been completely overhauled and/or rebuilt. All streets wiil be swept with vacuum-type sweeping equipment except those specified or Exhibit 4 herein and as may be modified by the Community Services Director or his designee. work required under this Agreement in strict accordance with its terms. Said machinery a IO. Schedule The hours during which the sweeping shall be performed shall be at the discret of Contractor subject the approval of the Community Services Director. Contractor may I required to conduct early morning sweeping on certain major streets and downtown villas areas. Contractor shall be responsible to notify residents of the sweeping schedule and i changes in the schedule, including holidays. No sweeping shall occur prior to 7:OO a.m. i residential areas. Should Contractor wish to change existing sweeping schedules or pos streets, he will do so at his own expense provided such change is approved by the Community Services Director. 11, Debris Disposal Contractor shall dispose of all debris collected under the performance o this Agreement by hauling to a disposal site subject to the approval of the Community Services Director. Contractor is not responsible for debris disposal costs, however Contractor shall arrange for City to be billed directly for said debris disposal costs. With days written notice, City may direct Contractor to make direct payment for debris dispos: costs and City shall reimburse Contractor for said costs. Contractor’s actual debris dispc invoices are subject to review by the Community Services Director upon 24 hours notice 12. Water Contractor shall make all necessary arrangements through the proper water distr to obtain and pay for water necessary for the operation. 13. Faithful Performance The standards of performance which Contractor is obligated to perform hereunder are the standards which are considered to be good street sweeping 21 a 0 f practices and shall be subject to the approval of the Community Services Director. Contractor shall maintain in full force and effect during the term of this Agreement, a Bonc 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 Performar Bond shall be equal to one hundred percent (100%) of the estimated annual amount of th Agreement. 14. 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 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 disregards laws, ordinances, or instructions of City, City may serve written notice upon th Contractor and Contractor's surety of its intention to declare this Agreement in default, se notice to contain the reasons for such intention to declare a default, and unless within ter (10) days after the service of such notice, such violations shall cease and satisfactory arrangements for the corrections thereof be made, this Agreement shall upon the expirat 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) deposi, 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 Defal give City written notice of its intention to take over and perform this agreement or does n 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 contract or by any other method it may deem advisable for the account an( 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 anc utilize in completing such work, such equipment, and other property belonging to Contra( that may be on the site of the work and be necessary therefor. Should surety fail to take over and diligently perform the agreement upon Contractor's default, surety agrees to promptly on demand, deposit with City such amount as City may reasonably estimate as 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. 15. Druq & 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 tt Drug Free Workplace Act. As a condition of this Agreement, Contractor and Contractor': employees shall assist in meeting the requirements of this policy as set forth in the "City Carlsbad Drug and Alcohol Use Policy'' incorporated by reference herein. Contractor agrees that Contractor and Contractor's employees, while performing service the City, on City property, or while using City equipment will not be in possession of, use Contractor fails to make prompt payment for materials or labor or if Contractor persistent1 22 e 0 be under the influence of drugs or alcohol. Contractor has the duty to inform all employees or agents of Contractor that are performir service for City on City property or using City equipment of the City's objective of a safe, heaithful and productive workplace and the prohibition of drug or alcohol possession, use impairment from same while performing such service for City. City has the right to terminate this Agreement and any other agreement Contractor has w Director or his representative to have breached the provisions of Section XXI herein as Alcohol Use Policy" incorporated by reference herein. City if Contractor or Contractor's employees are determined by the Community Services interpreted and enforced pursuant to the provisions of the City of Carlsbad '"Drug and 16. Claims And Lawsuits. The Contractor agrees that any contract claim submitted to the Cit must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges tha' a false claim is submitted to the City, it may be considered fraud and the Contractor may subject to criminal prosecution. The Contractor acknowledges that California Governmen Code sections 12650 et seq., the False Claims Act, 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 the City of Carlsbad seeks to recover penalties pursu: to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fee The Contractor acknowledges that the filing of a false claim may subject the Contractor tc an administrative debarment proceeding wherein the Contractor may be prevented to act a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is gr s for the City of Carlsbad to disqualify the Contractor from the selection process. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, . .027 and 3.32.028 pertaining to false claims are incorporated herein by reference. v (Initial) 17. Status Of The Contractor. Contractor shall perform the services provided for herein 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 shall be under control o City only as to the result to be accomplished, but shall consult with City as provided for ir the request for proposal. The persons used by Contractor to provide services under this Agreement shall not be considered employees of City for any purposes whatsoever. Contractor is an independent Contractor of City. The payment made to Contractor pur% to this Agreement shall be the full and complete compensation to which Contractor is entitled. City shall not make any federal or state tax withholdings on behalf of Contractor hidher employees or subcontractors. City shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or his/hc employees or subcontractors. Contractor agrees to indemnify City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment c workers' compensation payment which City may be required to make on behalf of Contractor or any employee or subcontractor of Contractor for work done under this Agreement or such indemnification amount may be deducted by City from any balance % (Initial) 23 0 0 owing to Contractor. 18. Compliance with Law. In performing the services required under this Agreement, Contractor shall at all times, at its soles cost, comply with all applicable laws, permits and licenses of the United States, the State of California and the City of Carlsbad and with all regulations promulgated by federal, state regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the term.. 19. Assignment Of Contract. Contractor shall not assign this contract or any part thereof or ar monies due thereunder without the prior written consent of City. 20. Subcontracting. Contractor shall not enter into any agreement with another person or firr to perform any of the obligations under this Agreement without prior written consent of Cit If Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to City for the acts and omissions of Contractor's subcovtractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed b1 between any subcontractor of Contractor and City. Contractor shall bind 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 question approved in writing by City. Contractor. Nothing contained in this Agreement shall create any contractual relationship 21. Verbal Agreement Or Conversation. No verbal agreement or conversation with any office agent, or employee of City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor entitle Contractc to any additional payment whatsoever under the terms of thisAgreement. 22. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, an indemnify and hold harmless City, and its officers, officials, agents and employees, from a claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the perfclrmance of the contract or work; or fro regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of City; i3nd from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Agreement, unless the loss or dama was caused solely by the active negligence of City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify City against any challenges to the award of thi Agreement to Contractor, and Contractor will pay all costs, including defense costs for Cit] Defense costs include the cost of separate counsel ,For City, if City requests separate counsel. any failure or alleged failure of Contractor to comply with any applicable law, rules or 23. Insurance. Contractor shall procure and maintain for the duration of the Contract insuranc against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, 24 0 e representatives, employees or subcontractors. Said insurance shall meet the City's polic! for insurance as stated in Resolution No. 91-403. (A) COVERAGES AND LIMITS- Contractor shall maintain the types of coverages and minimum limits indicted herein: 1. Comprehensive General Liabilitv insurance: ' combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees additional insureds. 2. Automobile Liability Insurance: combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or off-site, whether owned, non-owned or hired, and whethe scheduled or non-scheduled. The auto insurance certificate must state the cover; is for "any auto" and cannot be limited in any manner. 3. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable t the City. (E) ADDITIONAL PROVISIONS- Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisior General Liability and Automobile Liability Coverages: 1. The City, its officials, employees and volunteers are to be covered as addition insureds as respects: liability arising out of activities performed by or on behalf o the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the cointractor. The coverage shall contain I special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. 2. The Contractor's insurance coverage shall be primary insurance as respects 1 City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. 4. Coverage shall state that the contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect the limits of the insurer's liability. (C) "CLAIMS MADE" POLICIES- If the insurance is provided on a "claims made" bask 25 .I 0 0 coverage shall be maintained for a period of three ylears following the date of completion I the work. (D) NOTICE OF CANCELLATION- Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS- Any deductit or self-insured retention levels must be declared to ;and approved by the City. At the optil of the City, either: the insurer shall reduce or eliminate such deductibles or: self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (F) WAIVER OF SUBROGATION- All policies of insurance required under this Contracl shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (G) SUBCONTRACTORS- Contractor shall include all subcontractors as insured under policies or'shall furnish separate certificates and enlcforsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS- Insurance is to be placed with insurers that have rating in Best's Key Rating Guide of at least A-:V, and are authorized to transact the business of insurance by the Insurance Commissioner under the standards specified in b the City Council in Resolution No. 91-403. (I) VERIFICATION OF COVERAGE- Contractor shall furnish the City with certificates o insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and appro\, by the City before work commences. (J) COS? OF INSURANCE- The Cost of all insurance required under this agreement st ._ be included in the Contractor's bid. 24. Responsible Parties. The name of the persons who are authorized to give written notices to receive written notice on behalf of the City and on behalf of the Contractor in connectio with the foregoing are as follows: 25. Business License. Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of this Agreement. 26. Entire Agreement. This Agreement, together with any other written document referred to contemplated herein; embody the entire agreement and understanding between the partif relating to the subject matter hereof. Neither this Agreement nor any provision hereof m? be amended, modified, waived or discharged except by an instrument in writing executed 26 V' 0 0 the party against which enforcement of such amendment, waiver or discharge is sought. Executed this day of , 1997. CONTRACTOR: ATTEST: (print name/title) - NER waQ75&" ALETHA L. RAUTENKRANZ City Clerk By: A&-"L 3. 1997 (sign here) DATE (print namehitle) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowc that officer to bind theiorporation.) APPROVED AS TO FORM: RONALD R. BALL 27 '. : 6ALIFORNIA ALL-PURmSE' ACKNOWI~QGMENT @ * \, ( State of & County of On before me, personally appeared &A-,X z cG~ v 6n 0 personally known to me - OR -&(proved to me on the basis of satisfactory evidence to be the per! whose name(@/are subscribed to the within instrr and ackn wledged to me thatehehhey executt same &er/their authorized capacity(ies), and 11 h er/their signature(s) on the instrument the pers or the entity upon behalf of which the petson(s) i executed the instrument. WITNESS hand and official seal. , ~une uld ~preh mar (q.. *~&cm, t~c(uu ~9 hb) a "4 G '&p$,&ig Sgnature Notary P I: OPTIONAL m Though lhe information below is not required by law. it may prove valuable 10 persons relying on the document and could p~ 1: fraudulenf removal and feanachmenf Of this form 10 another document. Description of Attached Document # i 'C litle or Type of Document: d,, A+"-% (I G? x * /fh&dUd iL 40 I ' Document Date:, Number of Pages: TiN I:, ' 1 Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer@) I t. Signer's Name: Signer's Name: .. I I3 Individual - .- I . 0 Corporate Officer , 'e. Tttle(s): I 0 Attorney-in-Fact -. t 0 Partner - 0 Limited 0 General , 1;: O'.Guardian or Conservator Y n nthar- 1 Tnn nl th. ~n I* 0 Trustee- ! U. UII lGl e 17 ,wv .,I ,.....n~ here It I I 1 Signer Is Representing: 1 u 0 Individual Cl Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: r Top of vwmb I Signer Is Representing: I I I L"T -.-PC.. r - - - - .. - ,z c 1694 hNWVl )rotary &sOculmn * 82% brnmcl &e. PO Boa ?ita. Can- Pdrr CAPlJ00.7184 PlOa NO 5907 mf cSlIT0U.F -