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HomeMy WebLinkAbout2006-08-15; City Council; 18700; CONTRACT AWARDED: STREET SWEEPING SERVICES10 CITY OF CARLSBAD - AGENDA BILL AB* 18,700 MTG. 8/15/06 DEPT. PW/GS AWARD OF CONTRACT FOR STREET SWEEPING SERVICES, BID NO. 06-15 DEPT. HEAD"1^^7 CITYATTY. ^g|P CITY MGR. ( 1^ RECOMMENDED ACTION: Adopt Resolution No. 2006-246 accepting the bid and awarding the contract to Cannon Pacific Services, LLC, for Street Sweeping Services, Bid No. 06-15, for an amount not-to-exceed $261,333 in the initial agreement year, authorizing the City Manager to increase the compensation by $23,750 in each subsequent agreement year, and authorizing the Public Works Director, or his designated representative, to increase the actual curb miles swept, parking lot square footage swept, or increase service frequencies up to the limits granted to the City Manager during the course of each agreement year. ITEM EXPLANATION: The City of Carlsbad provides street sweeping services for all City-owned and maintained streets, parking lots, recreational trails, and the seawall. This service has been traditionally provided by a service contractor. Utilizing a service contractor allows the City to provide these services without the need to purchase and maintain expensive specialty equipment and allows staff resources to be allocated to our core maintenance functions. The City has established specific street sweeping intervals to maintain compliance with the Municipal Storm Water Permit Order No 2001-01 issued by the San Diego Regional Water Quality Control Board. These minimum requirements are detailed in the City of Carlsbad's Jurisdictional Urban Runoff Management Plan. This street sweeping services agreement meets those minimum criteria. The agreement also includes sweeping of City-owned public parking lots, portions of the Coastal Rail Trail, and sweeping of the seawall. The current monthly estimate of work includes sweeping over 1,400 curb miles of roadway, over 2,000,000 square feet of parking lots, weekly sweeping of the seawall and bi-weekly sweeping of the Coastal Rail Trail. Additional hourly services for emergency and non-emergency special sweeps are included for unforeseen needs above and beyond the scheduled sweeping activities and to meet the JURMP requirements to sweep streets after special events. The current service provider, Cannon Pacific Services, recently changed ownership. On April 28, 2006, the President of Cannon Pacific sent correspondence to the City of Carlsbad requesting an increase of 5.44% for each mile of curb swept. This increase would have resulted in an increase in cost from $9.93 to $10.47 per curb mile. On May 15, 2006, Cannon Pacific sent additional correspondence to the City, via email, rescinding the May 15, 2006 quote and requested an increase to $17.04 per curb mile and indicated that if this was not accepted, Cannon Pacific intended to exercise the 30-day termination clause in the agreement. Staff met on May 16, 2006, reviewed the current agreement, the correspondence from Cannon Pacific, and discussed the available options. Staff determined that granting the increase requested by Cannon Pacific was in excess of an amount that could be approved by the City Manager. Staff also considered the fact that the agreement was due to expire in February of 2007 and was not eligible for extension. Staff determined that it would be in the best interest of the City of Carlsbad to accept Cannon Pacific Services' notice to terminate the agreement, and place the contract out to competitive bidding. DEPARTMENT CONTACT: Dale Schuck, (760) 434-2949, dschu(S)ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. . COUNCIL ACTION: APPROVED BT DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D PAGE 2 On May 18, 2006, staff met with the President of Cannon Pacific Services and discussed the issues. At the City's request, Cannon Pacific Services agreed to continue service for a 90-day period, at the current rates, to allow staff time to prepare and bid the agreement for street sweeping services. Staff subsequently reviewed our current agreement, reviewed current street sweeping agreements with other similar public agencies in San Diego County, and revised the agreement to incorporate newer technology, methodology to inspect the work, methodology to withhold funds for services not meeting quality standards, added sweeping services for the seawall and coastal rail trail, and added flexibility to increase and decrease the current service mileage or other areas serviced by means of written directive to the contractor. The Carlsbad Municipal Code limits the City Manager to approving amendments to existing agreements by a maximum of 25% of the original contract amount without prior approval by the City Council. Several of our long-term agreements have reached this limit in a short period of time. Some of the reasons for this are the addition of infrastructure to the City's inventory, allowable annual compensation increases in accordance with the rise in the Consumer Price Index for San Diego County, and needed increases in service frequencies to maintain the quality of service expected in the City of Carlsbad. Service contracts that have reached the allowed maximum compensation in the last two years include Custodial Maintenance Services, Landscape Maintenance Services, Median Maintenance Services, and Traffic Signal Maintenance Services. An issue staff has identified is the requirement to process formal amendments to existing agreements to add relatively minor additional work items. In the previous street sweeping contract, addition of any items not included in the original bid required a formal amendment to the agreement and City Manager approval within his signature authority. In order to address these two issues, staff is recommending that Council authorize the City Manager to increase the annual compensation amount by a total of ($23,750) per agreement year to accommodate infrastructure growth, allowable compensation increases and to allow flexibility in service intervals to meet quality standards. This requested increase is based on historical inflation averages in the Consumer Price Index for San Diego County and projected project completion of Capital Improvement Projects and private development. Staff is also recommending that Council authorize the Public Works Director, or his designated representative, to increase the actual curb miles swept, parking lot square footage swept, or increase service frequencies to the limits granted to the City Manager during the course of each agreement year to allow day to day management of street sweeping operations. On an annual basis, a formal amendment will be processed for City Manager approval indicating the actual service totals and the maximum compensation for the next agreement year. Staff is also recommending that Council approve a total maximum compensation amount of one million five hundred forty three thousand nine hundred eighty dollars ($1,543,980), over the maximum five-year period of the agreement. No compensation above this amount will be authorized without Council approval. On June 8, 2006, the City Clerk published a Notice Inviting Bids for this service agreement. Additionally, staff requested that invitations to bid be sent to fourteen (14) street sweeping contractors in the Southern California metropolitan area. Two bids were received, opened, witnessed, and recorded on July 6, 2006. The bid amounts ranged from $237,582.72 to $352,969.36. The bids were reviewed by the Public Works Department and were as follows: • Cannon Pacific Services, LLC $237,582.72 • Cleanstreet $352,969.36 Z PAGES In accordance with the Municipal Code, a best value evaluation was completed. Each contractor's bid was evaluated against the following criteria: • Cost of service • Ability to Provide Service • Previous Performance and References • Consistency with current equipment and standards • Unspecified value added offerings Cannon Pacific Services was evaluated the highest due to its submitted cost for service, ability to provide service, previous performance and references, consistency with current equipment and standards, and value added offerings. Based on the results of the best value evaluation, staff recommends that Council accept the bid and award a contract to Cannon Pacific Services, LLP. Staff wishes to inform Council that the bid is intended to establish bid item costs for each individual item of work. Payment to the contractor will be for actual work performed and is likely to exceed the actual bid amount. Staff is requesting that Council approve an additional $23,750 in funding for the bid from Cannon Pacific Services, LLC, to ensure that funds are available to add work during the agreement year as infrastructure is completed and accepted by the City and to ensure that funds are available in the event that the actual work totals exceed the estimates indicated in the bid documents. ENVIRONMENTAL IMPACT: This project is a Class 1 categorical exemption (minor alteration of existing structure or facilities) and is, therefore, exempt from the environmental review process under provisions of the California Environmental Quality Act (CEQA), Section 15301 (c). FISCAL IMPACT: This contract is funded proportionally from multiple funding sources. The Solid Waste Enterprise fund will pay approximately 85% of the award price and the Street Maintenance Operating Budget - General fund will pay approximately15% of the award price. Sufficient appropriations are available in the Solid Waste Enterprise fund and the Street Maintenance Operating budget - General fund to fully fund the agreement. In summary, this is a five-year street sweeping service agreement based on the selected best value contractor's low bid of $237,582.72 per agreement year. The Public Works Department is recommending an additional $23,750, approximately 10% of the bid amount, be added in the first and subsequent years to account for increases in the City's assets requiring street sweeping. The calculated amounts per year establish the not-to-exceed limits of the agreement. The actual annual payments to the contractor will be based on the costs of services provided, on a time and material basis, within each year of the agreement. The work completed will be inspected and verified by Public Works Department staff prior to authorization of each payment. EXHIBITS: 1. Resolution No. 2006-246 accepting the bid and awarding the contract to Cannon Pacific Services, LLC, for Street Sweeping Services, Bid No. 06-15, for an amount not-to-exceed $261,333 in the initial agreement year, authorizing the City Manager to increase the compensation by $23,750 in each subsequent agreement year, and authorizing the Public Works Director, or his designated representative, to increase the actual curb miles swept, parking lot square footage swept, or increase service frequencies up to the limits granted to the City Manager during the course of each agreement year. 2. Contract for Street Sweeping Services. 1 RESOLUTION NO. 2006-246 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ACCEPTING THE BID AND AWARDING THE CONTRACT TO CANNON PACIFIC SERVICES, LLC, FOR 4 STREET SWEEPING SERVICES, BID NO. 06-15, FOR AN AMOUNT NOT-TO-EXCEED $261,333 IN THE INITIAL AGREEMENT YEAR, 5 AUTHORIZING THE CITY MANAGER TO INCREASE THE COMPENSATION BY $23,750 IN EACH SUBSEQUENT AGREEMENT 6 YEAR, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR OR HIS DESIGNATED REPRESENTATIVE TO INCREASE ANY BID ITEM UP 7 TO THE LIMITS GRANTED TO THE CITY MANAGER DURING THE COURSE OF EACH AGREEMENT YEAR. o WHEREAS, the City of Carlsbad requires the services of a street sweeping contractor; and WHEREAS, proper bidding procedures have resulted in the City's receipt of a bid from a 11 qualified contractor, Cannon Pacific Services, LLC; and 12 WHEREAS, a best value evaluation consistent with Carlsbad Municipal Code Section 13 3.28.050 was performed by staff and has resulted in staffs determination that the bid submitted by 14 Cannon Pacific Services, LLC, at $237,583 is the best value to the City of Carlsbad; and 15 WHEREAS, staff recommends Council approve an additional $23,750 in funding for the 16 bid from Cannon Pacific Services, LLC, in the initial agreement year to ensure that funds are 17 available to add work during the agreement year as infrastructure is completed and accepted by 18 the City and to ensure that funds are available in the event that the actual work totals exceed the 19 estimates indicated in the bid documents; and 20 WHEREAS, staff recommends award of the contract for Bid 06-15 Street Sweeping 21 Services to Cannon Pacific Services, LLC, in an amount not-to-exceed $261,333 in the initial 22 agreement year; and 23 WHEREAS, staff recommends Council authorize the City Manager to approve an 24 additional $23,750 in funding in each subsequent agreement year to ensure that funds are 25 available to add work during the agreement year as infrastructure is completed and accepted by 26 the City, to ensure that funds are available in the event that the actual work totals exceed the 27 estimates indicated in the bid documents, and to ensure that sufficient funds are available to fund 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 increases in compensation to the contractor in an amount not-to-exceed the Consumer Price Index for San Diego County in the preceding year; and WHEREAS, staff recommends Council authorize the Public Works Director, or his designated representative, to increase the actual curb miles swept, parking lot square footage swept, or increase service frequencies to the limits granted to the City Manager during the course of each agreement year to allow day to day management of street sweeping operations. Annually, a formal amendment will be processed for City Manager approval, indicating the actual service totals and the maximum compensation for the next agreement year; and WHEREAS, sufficient appropriations are available in the Solid Waste Enterprise fund and the Street Maintenance Operating Budget - General fund, to fully fund the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The bid of Cannon Pacific Services, LLC, 12770 High Bluff Drive, Suite 230, San Diego, CA 92130, is the best value. 3. The bid of Cannon Pacific Services, LLC, is hereby accepted. 4. That an additional $23,750 in funding is authorized in the initial agreement year and the City Manager is authorized to approve an additional $23,750 in funding in each subsequent agreement year. 5. That the maximum compensation amount will not exceed $1,543,980 over the maximum five-year period of the agreement. No compensation above this amount will be authorized without Council approval. 23.. 6. That the Public Works Director, or his designated representative, is authorized 24 increase the actual curb miles swept, parking lot square footage swept, or increase service 25 frequencies up to the limits granted to the City Manager during the course of each agreement year 26 to allow day-to-day management of street sweeping operations. 27" 28 7. That annually, a formal amendment will be processed for City Manager approval 2 indicating the actual service totals and the maximum compensation for the next agreement year. 3 8. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement with Cannon Pacific Services, LLC, for an amount not-to-exceed $261,333 5 in the initial agreement year, a copy of which is attached, for and on behalf of the City of Carlsbad. 6 7 "' 8 '" 9 "' 10 "/ 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of August, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None CLAUDE A LEWIS, Mayor ATTEST: E M. WOOD, City Clerk STREET SWEEPING SERVICES CANNON PACIFIC SERVICES, INC. BID NO. 06-15 JULY 2006 CITY OF CARLSBAD Public Works MSA / General Services Department 405 Oak Avenue CARLSBAD, CA 92008 STREET SWEEPING SERVICES BID SCHEDULE"A" Please note that the numbers listed in the "Quantity and Units" category of the matrix below are estimates only for bid comparison only.* The undersigned declares he/she has carefully examined the locations of the work, read the Request for Proposal, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do a!! the work in this Street Sweeping Services Agreement 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: 4 No. 1. 2. 3. 4. 4 Description "I Street Sweeping Services Parking Lot Sweeping Services Seawall Sweeping Services Coastal Rtail Trail Sweeping Services r • Special Sweeps r^J: 'Estimated .- : | Quantity and Units 1.472 Curb Miles per Month* ("Estimated) 2J2CL949 Square Foot per Month' ('Estimated) Four (4) Sweeps per Month* (•Estimated) Two (2) Sweeps per Month* ('Estimated) 80 Hours per Year* ("Estimated) ! Unit Price -> «J^8 Per Curb Mile so^.* Per Square Foot .Extended,, Monthly . Total sm*f-T6 s^o-cc S /6O-G&, x4 S 6^0 '^ Per Sweeping Occurrence S 3 i ~C&' x2 Per Sweeping Occurrence Per Hour S 64 •& . ,,~\-7 ":•• Extended Annual :'-,/ Total " x 12 slii^-3/ X12 X12 X12 X80 •ESTIMATED EXTENDED ANNUAL TOTALS OF BID ITEMS 1-5 s (i, S20>cc oc sit 8 -co ..^^ < f^^ CTX? ?» J*5*^V *fcw? % ^? /?A I **• The actual payments made to tha CONTRACTOR will be based on the CONTRACTOR'S actual work performed for the CITY consistent with the terms and conditions of the contract documents, and may be different from the extended total costs estimated above. OPENED, WITNESSED AND RECORDED: Bid 06-15 Street Sweeping Sesvices DATE Schedule "A" Annual Total Amount of Bid including items 1 - 5 in wprds: & <x* Schedule "A" Annual Total amount of Bid including items 1- 5 in numbers: Price(s) given above are firm for 90 calendar days after date of bid opening. Addendum(a) No(s), .1 _ has/have been received and is/are included in this bid. Bid 06-15 Street Sweeping Services 06/08/2006 10 10 CONTRACTOR'S ORGANIZATION Bid No. 06-15 In submitting this BID, the CONTRACTOR represents that the CONTRACTOR has established an organization including an office or offices, communications, administrative staff, and the like; and that the CONTRACTOR'S organization is fully adequate to conform to the requirements of this BID. In support of these representations, CONTRACTOR shall set forth in herein: A. A description of the CONTRACTOR'S organization, showing basic relationship hierarchy and responsibilities, and including administrators, departments, managers, key support staff, supervisors, foremen, crew leaders, crews, and the like. Information provided below may be supplemented by attaching an organization chart. £&&i//C€5. BkJ 06-15 Street Sweeping Services 06TO8C006 14 CONTRACTOR'S ORGANIZATION Bid No. 06-15 1. Company Background Established in 1962, Cannon Pacific Services is based in the City of Carlsbad California. The Company has been providing municipal street sweeping and storm drain cleaning services for more than 12 years and is proud to have retained customer loyalty from a number of local cities including; City of Santee, City of Encinitas, City of Escondido, City of San Diego, City of Chula Vista, City of Oceanside, San Diego County as well as all local airports and most military establishments. The Company has built a quality reputation and remains resolute to continuously improve services, quality and communication. We operate and maintain a modem fleet of 18 heavy duty, PM10 compliant trucks, two full service maintenance trucks, two pick up trucks, one water truck and one dump truck. Today we have more than 30 trained, conscientious operators, experienced field supervision along with two full time mechanics, and a dedicated internal staff. Recently the company secured new investment. Under new management and with a strong financial platform, Cannon Pacific remains committed to customer satisfaction through continual improvement and innovation in infrastructure and process. Cannon Pacific is an S- Corporation registered in California. 2. Organization Chart (see Attachment "Contractors Organization"). We are proposing that your lead operator is Roman Rodriguez. Cannon Pacific will also deploy a second operator, Jonathan Frakes to work with Roman in order to complete the City routes and parking lot schedules effectively and efficiently as directed. We will also train Elaine McCloud as reserve operator for the City of Carlsbad. All operators have more than 2 year's municipal city sweeping experience. They report to our Field Supervisor, Kevin West who is responsible for all field operators, training and overseeing quality of service and sweeping compliance. Gordy Shafer is our dedicated 'on site supervisor for the City of Carlsbad'. He is responsible for the consistent delivery of high quality street sweeping services to the City of Carlsbad. He is also responsible for the Field Supervisor and for all vehicles, maintenance, parts management and technology. Cannon Pacific has 2 full time mechanics and operates a 24/7 emergency call out service. We are committed to respond within 2 hours for any emergency special sweeps and to call back within 30 minutes of notification. Central dispatch, scheduling, customer service and communication is all managed through Jan Sias and Mary Williams, who as Customer Service and Administration works with Gordy Shafer on all aspects of customer satisfaction. All our field crews speak English and are in direct contact with operations and field supervision through radio, cell contact and GPS. if Jr if III Iff 3 pervisor forf CarlsbadShafer)3 0 >.I/) ^ "Q ||S h •E &Chief Finan(Kristie ECOl _R </, "3 ||i ^- O 1> 1 Si*1 c, ro 4) E "o ^ EJ (u .^1E E LE o 0 = || !S saj 5£.IT 'c T3rea mc (UT3 OJ I 52 & 1 s Operator 1s ••••s TDi OJ JSjj •— ^ •~v S CTIT3 § 5 ^_^ —v 3 ? 3i: o 1_ X •5? fQ1 4J Cy s "i ir?s ro — ' ULJ g> ^ «, ^ 2 « B*-3 ID "OJ > to> — •* 352- U HH ta. fll C^^ u 'un CL O :ionCarlsbad•E <, «O £ Q.n.cID U (A Page 2 , CONTRACTOR'S ORGANIZATION (Continued) B. Location, description, purpose, hours of operation, responsible contact person, phone number, and number of persons employed at the facility, for each of the CONTRACTOR'S offices, yards or other sites that may, in any way pertain to the performance of the requirements of this BID. ADDRESS OF OFFICE OF OTHER FACILITY f DESCRIPTION AND PURPOSE OF THE FACILITY (e.g. "Shop-Equipment maintenance") VUUAM4 /forty 3*9f0e 363 - flfc?- flf3B ^ 1 RESPONSIBLE CONTACT PERSON PHONE NUMBER NUMBER OF EMPLOYEES 2.AI6tt ADDRESS OF OFFICE OF OTHER FACILITY DESCRIPTION AND PURPOSE OF THE FACILITY RESPONSIBLE CONTACT PERSON PHONE NUMBER NUMBER OF EMPLOYEES 3. ADDRESS OF OFFICE OF OTHER FACILITY DESCRIPTION AND PURPOSE OF THE FACILITY RESPONSIBLE CONTACT PERSON PHONE NUMBER NUMBER OF EMPLOYEES 4. ADDRESS OF OFFICE OF OTHER FACILITY DESCRIPTION AND PURPOSE OF THE FACILITY RESPONSIBLE CONTACT PERSON PHONE NUMBER NUMBER OF EMPLOYEES Bid 06-15 Street Sweeping Services 06/08/2006 15 Page 3 \ CONTRACTOR'S ORGANIZATION (Continued) C. Name, title, primary location, and phone number for person primarily responsible for each of the following functions as they relate to the performance of the requirements of this BID: staffing (hiring, assignment, scheduling of staff, and the like). Work scheduling, materials procurement, equipment procurement, equipment maintenance, invoicing, and coordination of communications. 1. Staffing^ Name' and Title Location Address 2. Work Scheduling, Name and Title Phone df- Location Address 3. Materials Procurement Name and Title Phone Atf0 P&.0 Location Address 4. Equipment Procurement, Phone Name and Title Location Address Phone Bid 06-15 Street Sweeping Services 06/08/2006 16 /5 Page 4 -, . CONTRACTOR'S ORGANIZATION (Continued) 5. Equipment Maintenance £'&fif&£Te> A&~ Zrt ti&l/A . /<g>9/9 Name and Title Location Address Phone 6. Invoicing &/4&A &MVMA/V. Name and Title Location Address Phone D. A description of the CONTRACTOR'S current communications including: 1. method of communication with field personnel, response to emergencies, and the like; 2. communications equipment carried by field personnel or installed in vehicles. CONTRACTOR may attach additional pages, if needed. Label any such pages "CONTRACTOR'S ORGANIZATION - Additional Information" along with the appropriate title(s) corresponding to this form. The CONTRACTOR shall make the facilities and persons listed herein available for inspection and interview by the CITY during the BID PERIOD, and at any reasonable time at the CITY'S discretion throughout the term of the CONTRACT. Bid 06-15 Street Sweeping Services 06/08/2006 17 Page 3/4 CONTRACTOR'S ORGANIZATION - Additional Information (Continued) C. Name, title, location, contact information and responsibility relating to contract: 1. Staffing: Jonathan Lampitt, President and CEO 12770 High Bluff Drive, San Diego, CA 92130 858 792 0624 - San Diego Office 858 7756234-Cell 2. Work Scheduling: Mary Williams, Dispatch and Scheduling 6102 Avienda Encinas, Carlsbad, CA 92011 760 933 9633 - Carlsbad Hub 3. Materials Procurement: Gordy Shafer, Operating Partner and 'On-Site' Supervisor for the City of Carlsbad 760 933 9633 - Carlsbad Hub 858 792 0623 - San Diego Office 858 342 1113-Cell 4. Equipment Procurement: Gordy Shafer San Diego and Carlsbad - As Above. 5. Equipment Maintenance: Ernesto de la Pena, Lead Mechanic 6102 Avenida Encinas, Carlsbad, CA 92011 760 943 9633 - Carlsbad Hub 6. Invoicing: Elara Bowman, Controller 12770 High Bluff Drive, San Diego, CA 92130 858 792 0624 - San Diego Office D. Description of the CONTRACTOR'S current communications: 1. All field personnel are equipped with radios and cell phones. Every day, each operator receives route confirmation and while sweeping, reports live on start / stop / completion of routes, obstacle alerts, debris dumping, water and all / any problems. Emergencies are managed by a hierarchy system starting with the Field supervisor. Response times as per contract. 2. All equipment is fitted with a Comet Tracker (hard wired) GPS system and overall services are managed with assistance from the InterGIS Visual Control Room software suite. This integrated system provided for accurate real- time tracking and route compliance, management and verification. Each truck will also, soon be fitted with our new CamCapture system for digital photography of street obstacles. 17 CANNON PACIFIC • -•'-•SwEEPiN'G AMERICA REQUEST FOR BID STREET SWEEPING SERVICES CITY OF CARLSBAD Bid No. 06-15 CONTRACTOR'S ORGANIZATION Additional Information D. 1, Method of communication with field staff, response to emergencies 2. Communications equipment carried by field staff or installed in vehicles Attached: • Copies of typical daily GPS records as produced by Comet Tracker, our GPS service partner • Brief summary of the InterGIS Visual Control Room software used to manage our routing / scheduling, route compliance and verification • Radio systems and Cell phones are provided by Nextel !i BIf I !T) 79 CONTRACTOR'S STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILITY Bid No. 06-15 In submitting this BID, the CONTRACTOR represents that CONTRACTOR has a demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the proposed CONTRACT in a manner that is satisfactory to the CITY. The CONTRACTOR represents that CONTRACTOR'S financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, and experience in dealing with public agencies all suggest that the CONTRACTOR is capable of performing the proposed CONTRACT and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. In support of these representations, CONTRACTOR shall set forth in herein: A. Copies of the latest Annual Report, audited financial statements or balance sheets may be submitted under separate cover marked "CONFIDENTIAL." Bid 06- 15 Street Sweeping Services 06/08/2006 11 CONTRACTOR'S STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILITY Bid No. 06-15 Cannon Pacific has been providing sweeping services for municipal cities and public agencies for more than 12 years. We have many loyal, long term city customers and very recently secured the contract to supply sweeping services for all naval facilities in our County. Our company and staff are experts in all aspects; equipment, scheduling, route tracking, customer service, maintenance, communication and performance. We understand that the quality of our service is a reflection on the image of your City and we understand that consistent, reliable, high quality service makes for happy residents as well as a clean, compliant environment. Cannon Pacific has been sweeping for the City of Carlsbad since 2002. Our company has extensive knowledge of the City at every level; streets and lots, traffic patterns and schedules, emerging City growth and opportunities, environmental objectives and most importantly performance expectations and communication. Our central operating hub is located within City limits, delivering prompt service, fast backup and access to all our assets (both sweepers and operators) to respond to any emergency. With a recent change in ownership, we strengthened both our financial base and commitment to customer satisfaction. Cannon Pacific recently embarked on an aggressive program of self improvement with investment in new rolling stock, new and expanded GPS services, a new operations management system for real time routing, scheduling and compliance verification, expanded truck maintenance and wash facilities, web-based customer services and operator training programs. Cannon Pacific uses only PM 10 Rule 1186 compliant sweepers and all operators are trained in Best Management Practice, helping protect our storm water systems from pollution (we recently completed a compliance advisory inspection for the City of Carlsbad). Cannon Pacific is a member of the San Diego Best Business Bureau (BBB), the International Erosion Control Association (IEGA), and the Municipal Superintendents Association (MSA). A copy of the Company's 2005 Financial Report is submitted under separate cover, marked "Confidential" Further financial and personal statements are available upon request. Cannon Pacific is comfortable with all required insurance and bonding requirements and has the financial resources and experience to successfully perform to all the requirements of the contract and to be bound by the terms and conditions of the contract. We are proud to sweep for the City of Carlsbad and we hope we can continue to service the community and its residents. i Lampitt 3EO and President a-s Page 2 t CONTRACTOR'S STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILITY (Continued) B. The names, addresses, and telephone numbers of four references for which the CONTRACTOR has performed, within the past five years, services that are similar in nature and scope to those described herein (please do not include the City of Carlsbad as a reference). NAME AND ADDRESS OF REFERENCE NAME AND TELEPHONE NUMBER OF REFERENCE CONTACT FAMILIAR WITH THE PROJECT CONTRACT AMOUNT TYPE OF WORK DATE COMPLETED 2. S&&~ /ayTTSfcrA^e? _ NAME AND ADDRESS OF REFERENCE NAME AND TELEPHONE NUMBER OF REFERENCE CONTACT FAMILIAR WITH THE PROJECT CONTRACT AMOUNT TYPE OF WORK DATE COMPLETED 3. NAME AND ADDRESS OF REFERENCE NAME AND TELEPHONE NUMBER OF REFERENCE CONTACT FAMILIAR WITH THE PROJECT CONTRACT AMOUNT TYPE OF WORK DATE COMPLETED 4. NAME AND ADDRESS OF REFERENCE NAME AND TELEPHONE NUMBER OF REFERENCE CONTACT FAMILIAR WITH THE PROJECT CONTRACT AMOUNT TYPE OF WORK DATE COMPLETED Bid 06-15 Street Swwepina Service* 06AW2006 12 Page 2 CONTRACTOR'S STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILTY (continued) B. References: 1. Naval Facilities Engineering Command, Southwest Navat Housing Team, 3250 Transmitter Rd, San Diego CA 92115 Vincent Thayer, Regional Public Works - 619 532 4903 Contract amount: $123,408 per year. Type of work: streets, parking lots and piers. Awarded March 2006 - Ongoing 2. CltyofSantee 10601 Magnolia Ave, Santee, CA 92009 Lee Miller -619 258 4100 Contract amount: $122,681 per year. Type of work: Streets, parking lots and Storm drains. Awarded June 2001 - Ongoing 3. City of Encinitas 505 S. Vulcan Ave, Encinitas, CA 92024 Andy Bullington - 760 633 2873 Contract amount: $94,794 per year. Type of work: Street and parking tots. Awarded May 2002 - Ongoing 4. City of Escondido 475 N. Spruce Street, Escondido, CA 92025 Dave Creamer - 760 839 4668 Contract amount: $43,200 per year. Type of work: Parking lots Awarded June 2004 - Ongoing Page 3 ,. CONTRACTOR'S STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILITY (Continued) C. Holder's names, licenses or certifications, license or certification numbers and expiration dates, for holders of Contractor's License, and other pertinent documents. diet fie. CONTRACTOR may attach additional pages, if needed. Label any such pages "STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILITY - Additional Information" along with the appropriate title(s) corresponding to this form. Bid 06-15 Street Sweeping Services 06/08/2006 13 "STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILITY - Additional Information" Page 3 CONTRACTOR'S STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILITY (Continued) C. Holders names, licenses, certification, pertinent documents: Cannon Pacific has the following pertinent Certification and Licenses: • Contractors License number: 851854. Holders name: William Tucker. Expiration date: November 2006 • ITEC (International Erosion Control) Certification: Holders name: William Tucker and Steve King. Expiration date: March 2007 • BBB (Better Business Bureau) - San Diego. Holders name: Gordy Shafer A member since October 2005. • APWA (American Public Works Association): No 636648 Holders name: Steve King. Expiration date: October 2006 • NaPSa (North American Power Sweeping Association). Holders name: Steve King. Expiration date: December 2006 • CACM (Californian Association of Community Managers). No 1013729. Holders name: Steve King. Expiration date October 2006 • City of Carlsbad Business License No 1220660. Expiration date: May 2007 CANNON PACIFIC :- ~S WKKH N & AM £.81C A REQUEST FOR BID STREET SWEEPING SERVICES CITY OF CARLSBAD Bid No. 06-15 STATEMENT OF EXPERIENCE AND FINANCIAL RESPONSIBILITY Additional Information - B. Page 3 Holders names, licenses, certifications, expiry dates and pertinent documents Better Business Bureau* 5050 MurphY Canyon fld #110 San Diego. CA 92123-4389 Consumer Helpline 18581496-2131 Fax (858) 496-2141 e-mail info@sandtegobbb.org www.sdbbb.onj Cannon Pacific 6102 Avenida Encinas Ste. I Carlsbad, CA 92011 Original Business Start Date: 01/01/75 Type of Entity: LLC Principal: Gordie Shafer, President/Partner Phone Number: 760-943-9633 Fax Number: 760-602-0572 Email Address: gshafer@cannonpacific.com Web Site Address: www.cannonpacific.com Membership Status: yes Date Joined BBB: 10/11/05 Type of Business: Sweeping Service-Power Not Elsewhere Classified The information in this report has either been provided by the company, or has been compiled by the Bureau from other sources. BBB MEMBERSHIP This company has been a member of the Better Business Bureau since October 2005. This means it supports the Bureau's services to the public and meets our membership standards. PROGRAM PARTICIPATION The company participates in the Bureau's Membership Identification Program. This company has agreed to use special complaint handling procedures including mediation and arbitration if necessary to resolve disputes. NATURE OF BUSINESS This company offers street sweeping services. CUSTOMER EXPERIENCE Based on BBB files, this company has a satisfactory record with the Bureau. To have a "Satisfactory Record" with the Bureau, a company must be in business for at least 12 months, properly and promptly Page: 1 6 Better Business Bureau* 5050 Murphy Canyon fid. #110 San Diego. CA 92123-4389 V * Consumer He! pLtne (8581496-2131 V Fax (858) 496-2141 Th» Mark of Integrity e-mail infoSsandiego bbb.org www.sd.bbb.org address matters referred to it by the Bureau, and be free from an unusual volume or pattern of complaints and law enforcement action involving its marketplace conduct. In addition, the Bureau must have a clear understanding of the company's business and no concerns about its industry. When evaluating complaint information, please consider the company's size and volume of business. The number of complaints filed against the company may not be as important as the type of complaints and how the company handled them. Closed Complaints Number of complaints processed by the BBB in last 35 Months: 0 Number of complaints processed by the BBB in last 12 months: 0 ADDITIONAL BUSINESS NAMES This company also does business as: Cannon Pacific Services, JJbC" and CANNON PACIFIC SVC. ADDITIONAL TELEPHONE NUMBERS Additional phone numbers for this company include: (619) 692-2137 and (858) 761-6062. ADDITIONAL ADDRESSES Additional addresses for this company include: 4364 Bonita Road, Bonita, CA 91902 and PO BOX 230147, ENCINITAS, CA 92023. ADDITIONAL FILE INFORMATION The Bureau has requested basic information from this company. The Bureau has not received a response. Without this information, the Bureau may not have current information concerning such things as the company's management or its nature of business. REPORT DATE: 10/20/2005 COPYRIGHT DATE: 2005 BBB of San Diego Pagq : 2 Your Comprehensive Public Wor*s Resource MRICAN PUBLIC WOKKS ASSOCIATION December 08, 2006 Member ID Number: 636648 Membership Expires: 31-Oct-06 Chapter: San Diego Chapter Type of Membership: Group roster Moving? Job change? Areas of responsibility change? E-mail address change? Don't forget you can update your member information online under the "Members Only" section of www.apwa.net! www.40w4.ner 234S Grtmi ShMl.. Kanur CiTX MO UtOS-lfJI SI6-i??-6100 1401 K street. NW. rttfj floor Wtoliingeon. DC XOOf fu SOAftO OF O/flfC70flS nttWCNT niMDCKT-IUO* vtrfcm. rt Mr, Steve KingDirector SalesCannon Pacific Services6102 Avenida Encinas Ste ICarlsbad CA 92011-1005 MIT MUlOtNT tt mm w. Trtc« OIMCTO*. IICIOM I omcnM, MOION «N«o«r4 B Ltfcvn, P.I., Off s tc Whctet, uc:vla. N«w >ijrt OMICCTOII. UaiflM III On behalf of the American Public Works Association (APWA), I would like to thank you for your membership renewal and continued participation. You have taken an important step in advancing your career, growing your organization, and supporting the industry. As an APWA member, you are a part of an international association of public works professionals whose members are dedicated to successfully delivering public services and managing public facilities. Your member ID number is listed at the top of this letter. You will need this number to take full advantage of many of the benefits of your APWA membership including the "Members Only" section of www.apwa.nef website, discounted registrations for conferences and workshops, and discounted pricing on orders from the 2006 Publications and Resources Catalog or online bookstore. If you would like a replacement membership card, please contact a Membership Specialist at (800) 848-APWA or e-mail to "membership@apwa.ner, OHUCIO*. M6MM IV OHICIO*. HHSIOK If Urr, T K«hk. PE»( . MP4 OKtcroii. mcioN vi 00* I,. Ho.4rifc.il. r.E. BMICIOH. MOION VII URor bl>»l, P E DI«ECIOH. »eia« vni A»« Burnettofvemnictiul U*in>n i<« P*.ifn (Mi ;«• A privilege of membership in APWA is membership in a local chapter. If you are not already involved in your chapter, please look for chapter newsletters and other information regarding chapter events to come in the mail soon or visit www.apwa.net/chapters for quick links to chapter information. Jack V rltlU. Tf I'llMicUMklDunlul l..11 ol .%<it Anj(fl«. W^h SUWfEMINa * TlCKNOLOOr t Ctriu., P.t Also enclosed is your Advantage newsletter. This newsletter is a handy resource that shows you many ways you can use your membership. If you have questions concerning your membership benefits or if we can be of assistance to you in any way, please contact one of our Membership Specialists. >. .cerely. i MANAGEMENT rg* H. Cr««bl« FlUl t FkOLITICS MAHAfiEMlNT . rt. Lf AP€l»Nir * MAMAOIMtHT>U*r Umlrrman. l*.r. Bob Freudenthal President. APWA APWA menbersnip due> are not OtOacisett *s « contnbu*on tut may b* <rtduc«U« » «n on*nay buainoj«p*n«. «uB)*d w RS Una. APMMdimnotdeaivMMtvuM of nwrtwsnip <KM» tor tobbytnf) or advocacy «*««.seven {wont •(?«) of our mat ofKntrtg budget it towards Mweacy-retalM progrfeTB. mousing staff Plea** consult your tt« protoswial with rtganls «j y busness Juk. f nwcio» frtrr » Kill Certificate of ^Membership Cannon Pacific Services, LLC <Sk a proud member ef naPSa north american Power Sweeping association <^firr thepears fff 2005 & 2006 Amy Allen ST. •a 3 Ou «4^ O .9 | o«a 48 CIrt u ^J OI •" .?-• s •f,-s. Ov i '- — P O | £ Jun 16 06 04:18p Cannon Pacific JwHf-ZMt <MHpp ftw 1-760-602-0522 T-Z4S MKH/OOI p.6 CATE ISSUES SO1/2006 SJCCODE 4959 touanen 8102 AVE LOCATION 102 AVENKM ENCtNAS « K-l COWOMUQN MME CltVANOSTATg Sanitary Services. Not Elaawfiare C&wrtted CANNON PACIFIC SERVICES. INC. CANNON PACIFIC SERVICES. INC. 12770 HIQH BLUFF DP 6TE 230 SAN DIEGO, CA B213040BO CONTRACTOR'S STATEMENT OF UNSPECIFIED VALUE-ADDED OFFERINGS Bid No. 06-15 List items or services you are offering in addition to those in the attached specifications or scope of work offered as part of your quote and included in your bid pricing, if any. If none, please state "none". Attachments may be used. Bid 06-15 Street Sweeping Services 06/08/2006 19 3* CONTRACTOR'S STATEMENT OF UNSPECIFIED VALUE ADDED OFFERINGS Bid No. 06-15 Included in our pricing, we are proud to offer the following services: 1. OBSTACLE ALERTS - An automatic daily e-mail notification service. This service compliments the requirements of Exhibit A 1.09 Notification is given of obstruction with date, time and location information. 2. CAMCAPTURE - An update from the text based obstacle alert system to a digital picture service. Real time digital photography of obstacles is sent to customers with time, date and location information. Resolution is sufficient to read license plate information. (Available end 2006) 3. WEB-BASED SERVICES - Online customer access for GPS information (to be offered as alternative to client based installed software). This service will allow any customer representative (with password) to access agreed GPS management data. (Available end 2006) 4. RESIDENT OUTREACH PROGRAMS - Cooperative funding for marketing support for resident outreach programs when communicating EPA initiatives or related street maintenance programs. 5. DEDICATED HOT LINE - Further to the access of 2 toll free telephone lines, we are offering a dedicated cell phone pre-programmed with all emergency and non emergency Cannon Pacific contact numbers 6. RESIDENT HOT LINE - Offer to handle resident complaints directly. Residents can be directed to a dedicated website to log complaints or call a toll free number. Response times and actions to be agreed. CANNON PACIFIC REQUEST FOR BID STREET SWEEPING SERVICES CITY OF CARLSBAD Bid No. 06-15 CONTRACTOR'S STATEMENT OF UNSPECIFIED VALUE-ADDED OFFERINGS Additional Information Attached: • Copy of current Obstacle Alert e-mail - sent to customers on a daily basis. • Data Sheet on our forthcoming CamCapture system - for digital photography of street obstacles - a new customer service. • Snap shot of our home page for web service access and example of resident support marketing. CANNON PACIFIC SWEEPING AMERICA 6102 Avenlda Enemas, Suite I Carlsbad, CA 92011 Ph: 760/943-9633 Fax: 760/602-0522 DATE: TO: SUBJECT: 6/8/06 Clayton Dobbs City of Carlsbad Ph: 760/434-2940 Fax: 760/720-9562 OBSTACLE ALERT As part of lour goal to work together wtth our customers to provide a quality sweeping service, we wanted to alert you of the following obstacle(s) that our operator encountered while sweeping today's route. Your help in removing these obstacles will enable us to continue to provide you with the best possible sweeping service. The following obstacle(s) were noted by our operator: Date: Thursday, June 8,2006 I Time of Da1 v Street/Location Obstacle 10:40am Woodstock St (4500 Mock) Lots of leaves and parked cars i If you have any questions, please feel free to contact Customer Service at 760/943-9633. Thank you again for your business. Cannon Pacific Services, Inc. AGREEMENT FOR STREET SWEEPING SERVICES Cannon Pacific Services, Inc. THIS AGREEMENT is made and entered into as of the /Le ^= day of /LucjUL^jt. 200k by and between the CITY OF CARLSBAD, a municipal (rorporation, ("City"), and Cannon Pacific Services, a Corporation, ("Contractor"). RECITALS A. City requires the services of a street sweeping contractor that is experienced in street and parking lot sweeping services. B. Contractor has the necessary experience in providing services and advice related to street sweeping services. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its 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 the attached Contractor's proposal, the attached Exhibit "A" through "D", and the attached Appendix "A" through "C" which are 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 year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one year periods or parts thereof in an amount not to exceed Two Hundred Eighty-five Thousand Eighty-three dollars ($285,083) in the first extension year and an amount not to exceed an increase of Twenty-three Thousand Seven Hundred and Fifty dollars ($23,750) per year in each subsequent extension year to the agreement. Total compensation under this agreement shall not exceed One Million Five Hundred Forty-four Thousand One Hundred Sixty-five dollars ($1,544,165). Payments will be made on a time and materials basis for actual work performed by the contractor and the total compensation amounts are not guaranteed. 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 the Services to be performed during the initial Agreement term will be, not to exceed Two Hundred Sixty-one Thousand Three Hundred Thirty- three dollars ($261,333). Payments will be made on a time and materials basis for actual work performed by the Contractor and the total compensation amount is not guaranteed. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this 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" through "D", and the attached Appendix "A" through "C". If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the City, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 6. STATUS OF CONTRACTOR Contractor will perform 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. CONTRACTOR'S WORKFORCE The Contractor proposes to perform the described services utilizing a fully competent and adequate workforce as indicated in Exhibit B, which is attached hereto and incorporated herein as though fully set forth at length. 8. SUBCONTRACTING 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 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 and approved in writing by City. The name and place of business of each subcontractor who will perform work or labor or render service to the Contractor in performing this Agreement are contained in Exhibit C, which is attached hereto and incorporated herein as though fully set forth at length. 9. CONTRACTOR'S EQUIPMENT The Contractor proposes to utilize quality equipment of types and quantities necessary to perform the described work in an efficient and effective manner. Major items of said equipment are indicated in Exhibit D, which is attached hereto and incorporated herein as though fully set forth at length. The Contractor shall maintain all equipment in a clean, safe and fully operational condition. The Contractor shall replace all unserviceable or unsafe equipment in a timely manner so that the described work is not delayed or otherwise negatively affected. Minimum equipment specifications are listed in the General Specifications Part II Equipment Requirements. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. 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- 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. 12. 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-:V". 12.1 Coverages 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. 12.1.1 Commercial General Liability Insurance. $1.000.000 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. 12.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 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. 12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on General Liability. 12.2.2 Contractor will obtain occurrence coverage, which will be written as claims-made coverage. 12.2.3 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. 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. 12.5 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. 13. 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. 14. 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. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 17. 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 City: Name: Dale A. Schuck Title: Public Works Supervisor Department: PW/Gen Svc. City of Carlsbad Address: 405 Oak Avenue For Contractor: Name: Jonathan Lampitt Title: President & CEO Address: 12770 High Bluff Drive. Ste. 230. San Diego CA 92130 Phone No: (858) 792-0624 Carlsbad. CA 92008 Phone No: (760) 434-2949 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. 18. 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, subcontractors 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. 19. 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. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. 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. 51 22. 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 ninety (90) 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 actual work completed under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. 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, 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. 24. 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 seq.. 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. 25. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties 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. 26. 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. 27. 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. 28. FAITHFUL PERFORMANCE BOND Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, a faithful performance bond in an amount equal to the estimated annual contract amount from a carrier admitted and authorized to do business in the State of California. The carrier is required to have a current Best's Key Rating of not less than "A-:V". 53 29. 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. CONTRACTOR CITY OF CARLSBAD, a municipal of the State of California ATTEST: (print name/title *By: ORRAfNE M. WOOD (print name/title) 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, Cjiy Attorney By:_ Deputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally appeared before me, ss. CRYSTAL R TITGEN, NOTARY PUBLIC lame and Title of'Qfljcer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) CRYSTAl R. ITCfN Commtoton 416177M Notary Public - CoMomto Son Diego County My Convn. Expim Nov 1. Place Notary Seal Above ersonally known to me D 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 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. TNESS my hancLand official OPTIONAL 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(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): G Partner — D Limited D General [j Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here O 2004 National Notary Association • 9350 De SotoAve.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 55 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally ss. CRYSTAL R TITGEN, NOTARY PUBLIC Name- and Title of Officer (e.g., "Jane Doe, Notary Public"} me*) of Signer(s) CRYSTAL K.H* Commission *16177tft Notary Pub*:-CONOR*) San Otogo County f My Comm, ExptwsNov l.MOTf Place Notary Seal Above D personally known to me [Y proved to me on the basis of satisfactory evidence ro be the person(s) whose name(9ri<j£Jare subscribed tothe within instrument and acknowledged.!© me that (Q]£)she/they executed the same in ^shier/their authorized capacity(ies), and that by ^higher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. vWTMESS my hand and official sea OPTIONAL7 Signature of Notary Public 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ; D Individual D Corporate Officer — Title(s): C Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: _ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited C General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2004 National Notary Association-9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CITY OF CARLSBAD BID 06-15 STREET SWEEPING SERVICES EXHIBIT "A" MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM" - Individual items of work in the CONTRACTOR'S proposal at an agreed price for the work. B. "CITY" - The CITY of Carlsbad. C. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his authorized representative. D. "CONTRACT ADMINISTRATOR" - The PUBLIC WORKS DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives. F. "CURB MILE" - A curb mile equals 5,280 feet and is the measurement used to designate those miles predetermined by CITY to be swept by the street- sweeping CONTRACTOR. G. "DEBRIS" - All litter, rubbish, leaves, sand, dirt, garbage, and other foreign material removable from a paved street with a mechanical street sweeper. H. "DEFAULT" - Failure to meet or fulfill contractual or agreement obligations; failure to perform; and/or not satisfying the conditions of notice sent by the contract administrator or assigned designee. I. "FULLY OPERATIONAL" - In a condition to undertake the function to adequately complete sweeping schedules. J. "PARKING LOTS" - Asphalt, concrete or other hard surfaced areas primarily for the parking of automobiles. K. "PUBLIC WORKS DIRECTOR" - The official designated as the Public Works Director of CITY, or any of his authorized representatives. L. "PERIODIC INSPECTION" - Routinely scheduled or randomly noticed inspection or audit conducted by CITY. M. "QUALITY OF SWEEPING" - The street sweeper shall leave designated areas of sweeping free of all dirt, litter, debris, and visual dust. N. "RE-SWEEPS" - Those sweeps required of CONTRACTOR when previous sweeps have been deemed by CITY to be of poor quality, or when a street or sections of a street have been missed by CONTRACTOR during regularly scheduled street sweeping. Re-sweeps are completed at the expense of CONTRACTOR, and shall be completed within 24-hours of notice, weather permitting. O. "SPECIAL SWEEPS" - Those required by CITY other than regularly scheduled street sweeping and involving unusual conditions such as traffic hazards, parades, etc. Billing for special sweeps is based on an hourly rate with travel time included, if appropriate and approved by the CONTRACT ADMINISTRATOR. P. "STREETS" - All dedicated public rights-of-way within the existing or future corporate limits of the CITY that are paved, whether curbed with or without gutters or uncurbed. Q. "STREET SWEEPING" - The removal by mechanical street sweepers of all debris from all portions of the street, including, but not limited to both sides of residential streets, adjacent to residential raised medians, street intersections, the areas adjacent to arterial street curbs and raised medians (such as left turn pockets), and the center striped areas of arterial streets. R. "SWEEPINGS" - All debris removed from streets by street sweeping vehicles. 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the residents and businesses within the City are provided with courteous, reliable and high quality street sweeping services at all times. Sweeping speed shall not exceed eight (8) miles per hour. If at any time the City determines that sweeping speed has exceeded eight (8) miles per hour, the CONTRACT ADMINISTRATOR may require the CONTRACTOR to re-sweep any part of, or the entire sweeping route in question at no additional cost to the City. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, equipment, and materials necessary, unless specifically excluded herein, and shall sweep all paved, public streets and parking lots located within the present corporate limits of CITY, in accordance with the attached Appendix "A". The sweeping process shall include removal and legal disposal of all accumulated debris (e.g., all solids and liquids collected in the street sweeper(s). 1.03 The CONTRACTOR shall furnish copies of valid commercial driver licenses for all operators assigned to CITY, whether permanently or temporarily assigned to CITY. 1.04 Assign to CITY, at all times, a minimum of four, fully operational street sweeping vehicles as outlined in this agreement unless written approval from the CONTRACT ADMINISTRATOR has been obtained. Furthermore, CONTRACTOR shall have a reserve operator in case the primary driver becomes ill or is incapacitated for any reason. A penalty of $100 will be assessed for each day a sweeping route is not completed due to equipment failure. Please see Section 17.00 for specialty sweeping equipment requirements for SEAWALL Sweeping Services. 1.05 The CONTRACTOR'S street sweeper shall leave designated areas that are accessible at the time of sweeping, free of all dirt, litter, DEBRIS, and visual dust within the control of a fully operational machine, which has been inspected and maintained as agreed, in accordance with the CITY'S standards of cleanliness. 1.06 Street sweeping shall be performed in accordance with accepted standards for municipal street cleaning to the satisfaction of the CONTRACT ADMINISTRATOR or his designee. When necessary for proper cleaning, CONTRACTOR shall make more than one pass on a street, without extra charge. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. CONTRACTOR shall immediately respond when notified by CITY to re-sweep unsatisfactory areas at no additional charge. 1.07 In areas with offset angles, extruded curbs, parking blocks or any areas where street sweeping equipment has difficulty in maneuvering, the CONTRACTOR shall use whatever legal means necessary to maintain the -59 cleanliness of these areas. These areas are subject to all the terms and conditions listed in this contract. 1.08 Broom type sweepers shall only be utilized on roads with a minimum posted speed limit of forty (40) MPH or on painted median centers. Vacuum type sweepers shall be utilized for all other roads, streets, alleys and parking lots. 1.09 The equipment operator shall maintain a log listing the locations of roadways that cannot be adequately swept because of obstructions such as low hanging limbs or vehicles parked on CITY streets for extended periods of time. The CONTRACTOR shall report these locations, by address, to CITY'S CONTRACT ADMINISTRATOR, or designee, within 48 hours. (Deductions may be made from the CONTRACTOR'S payments for areas not swept due to obstructions that were not reported to CITY within the time allowed.) 1.10 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within twenty-four (24) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.11 The regularly scheduled street sweeping shall be adhered to by CONTRACTOR unless deviation from the approve schedule is authorized by the CONTRACT ADMINISTRATOR. 1.12 In the event that inclement weather precludes adhering to regular sweeping schedule for two (2) days or less in a given week, the sweeping areas so affected shall be swept within one (1) week of the regular sweeping schedule. Rescheduled sweeping days shall not affect the next regularly scheduled sweeping cycle. The CONTRACTOR shall perform all rescheduled work at no additional cost to the City. During inclement weather, a two-hour standby period between 7:00 a.m. and 9:00 a.m. shall be observed before a scheduled residential or commercial sweep will be canceled. 1.13 In the event that inclement weather precludes adhering to the regular sweeping schedule for three (3) days or more, the affected areas may be omitted from the schedule for that cycle only. The CONTRACTOR shall issue the City a credit at the curb mile square foot rate specified in this BID DOCUMENT or subsequent amendments. During inclement weather, a two- hour standby period between 7:00 a.m. and 9:00 a.m. shall be observed before a scheduled residential or commercial sweep will be canceled. 1.14 The CITY shall have the right to establish holiday schedules When a City holiday occurs on a regularly scheduled sweeping day, said sweeping area shall be swept with two (2) days of the regularly scheduled sweeping day. Rescheduled sweeping days shall not affect the next regularly scheduled ($0 sweeping cycle. The CONTRACTOR shall perform all rescheduled work at no additional cost to the City. 1.15 The CONTRACTOR shall submit a schedule annually clearly indicating deviations to the regular sweeping cycle cause by holidays. The CONTRACT ADMINISTRATOR shall review the schedule and shall approve or return the schedule to the CONTRACTOR for appropriate revisions. 1.16 CONTRACTOR shall, during the term of this CONTRACT, respond to requests for SPECIAL SWEEPS required during emergencies, twenty-four (24) hours per day, seven (7) days per week, by dispatching required sweeping equipment to the site, within two (2) hours of contact by the CONTRACT ADMINISTRATOR. In addition to the daily work required hereunder, the CONTRACT ADMINISTRATOR, or the authorized designee may request additional non emergency SPECIAL SWEEPS. The CONTRACTOR, as provider of sweeping services for CITY, shall be required to provide these street sweeping services. The CONTRACT ADMINISTRATOR or his designated representative shall request SPECIAL SWEEPS with 48-hour notice. The CONTRACTOR shall be compensated for SPECIAL SWEEPS at the hourly rate indicated in the BID ITEM. Minimum compensation for emergency and non-emergency SPECIAL SWEEPS shall be two (2) hours including travel time. 1.17 CONTRACTOR shall notify CITY should CONTRACTOR have an emergency, and the CONTRACT ADMINISTRATOR shall determine whether CONTRACTOR is released of completing a daily route based on the nature of the emergency. The City has the authority to interrupt scheduled service should CITY have an emergency. 1.18 CONTRACTOR shall notify CITY should CONTRACTOR have an emergency, and the CONTRACT ADMINISTRATOR shall determine whether CONTRACTOR is released of completing a daily route based on the nature of the emergency. The City has the authority to interrupt scheduled service should CITY have an emergency. 1.19 CONTRACTOR shall legally dispose of all debris collected under the performance of this agreement by hauling it to a disposal site subject to the approval of the CONTRACT ADMINISTRATOR. The CONTRACTOR is not responsible for said debris disposal costs, however, the CONTRACTOR shall arrange for CITY to be billed directly for said debris disposal costs. The CONTRACTOR shall provide information on the total debris disposed of for the purpose of the CITY reporting actual debris removal quantities to regulatory agencies. With thirty (30) days written notice, the CONTRACT ADMINISTRATOR may notify the CONTRACTOR to make direct payments (o\ for debris disposal costs. The CITY shall reimburse the CONTRACTOR for said costs. CONTRACTOR'S actual debris disposal invoices are subject to review and approval by the CONTRACT ADMINISTRATOR. The CONTRACTOR shall submit with each monthly invoice a copy of each dump ticket showing the date, the amount of material disposed of, the facility where the material is disposed, the vehicle identification, and operator signature for each delivery. The CONTRACTOR shall also submit a monthly summary report showing the number of loads at each rate, the total amount of materials disposed of and the total disposal cost. 1.20 CONTRACTOR shall make all necessary arrangements through the proper Water Districts to obtain water meters and shall pay for water necessary to the CONTRACTOR'S operations. Water costs are the responsibility of the CONTRACTOR and shall be included in the BID ITEM costs for associated work. No additional compensation for water will be allowed. The CONTRACTOR is advised that three separate Water Districts supply water to the CITY. • City of Carlsbad Municipal Water District • Olivenhain Municipal Water District • Vallecitos Municipal Water District 1.21 The 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 the CITY. Said corporate security shall be duly authorized to do business in the State of California. Said corporate security shall have a financial quality rating of at least A- and financial size V as rated by AM Best. Said Performance Bond shall be equal to one hundred (100) percent of the estimated annual amount of this agreement. 2.00 STREETS TO BE SWEPT 2.01 The service areas, hours of operation, and frequencies of service under the provisions of this CONTRACT are detailed in Appendix "C". 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 The CONTRACTOR'S monthly invoices shall be prepared and submitted in an electronic format, clearly indicating the Purchase Order number, unit price, total work performed and correctly extended totals for each individual BID ITEM or separate item of work. An invoice format shall be submitted to the CONTRACT ADMINISTRATOR for approval. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR, or designee, listing odometer readings and GPS records to permit auditing of sweeping mileage. 3.03 Separate invoices for approved SPECIAL SWEEPS shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete item of SPECIAL SWEEPS. 3.04 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the sweeping schedule and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at his discretion, add new streets or lots to be swept and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on the extension of bid item costs as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACTOR agrees that increases or reduction of quantities in an amount less than twenty-five (25) percent of any individual BID ITEM shall not be grounds for renegotiation of the agreed BID ITEM price. Increases or reduction in bid item quantities that exceed twenty-five (25) percent of an individual BID ITEM are subject to negotiation. Renegotiation of any BID ITEM, applies to that BID ITEM only. Other BID ITEMS shall not be affected by these provisions. Any negotiated changes in these bid item prices shall be contingent upon both parties executing a written amendment to this agreement. The CONTRACTOR is notified and signifies consent to the following provision by entering this agreement that the CONTRACT ADMISTRATOR may delete BID ITEM No. three (3) Seawall Sweeping Services and BID ITEM No. four (4) Coastal Rail Trail Sweeping Services at any time. If the CONTRACT ADMINSITRATOR deletes CONTRACTOR service on these BID ITEMS provisions regarding renegotiation of a BID ITEM do not apply. The CONTRACTOR agrees that increases or reduction in the curb mile bid item less than ten (10) CURB MILES per month shall be considered incidental to the work and the compensation shall not be increased or decreased until such a time as total increase or reduction exceeds ten (10) CURB MILES per month. The CONTRACTOR shall adjust his billing from that day forward to reflect the new total. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. The CONTRACTOR shall begin or terminate service in these areas within five (5) working days of receipt of this notification. In subsequent agreement years, the CONTRACT ADMINISTRATOR will prepare a formal written amendment to the agreement indicating actual service totals reflecting the current service bid item quantities performed by the CONTRACTOR. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with Section 4.00. 4.02 The CONTRACT ADMINISTRATOR shall prepare and implement an INSPECTION RATING SYSTEM to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix "B"). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per service area as described in Appendix "B". <oH 4.03 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro- rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.04 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS. MEETINGS. & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk- through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the sites. 6.00 SPECIAL SWEEPS 6.01 The CITY may award emergency and non-emergency SPECIAL SWEEPS to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. 6.02 If the CONTRACT ADMINISTRATOR determines that the SPECIAL SWEEPS can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 6.03 SPECIAL SWEEPS shall be performed by the CONTRACTOR at the BID ITEM price for SPECIAL SWEEPS. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR in writing and shall specify a time period for completing said SPECIAL SWEEPS. 6.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize SPECIAL SWEEPS to be performed. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 6.06 All SPECIAL SWEEPS shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 8.00 COMMUNICATIONS AND EMERGENCY RESPONSE 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a two twenty-four (24) hour emergency telephone numbers, toll free to a San Diego region area code. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. 8.02 All requests for emergency services shall require equipment and operator to be dispatched to the required location as soon as possible after notification; but in all cases within two (2) hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any emergency service request is not responded to in two (2) hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not meeting the required response time followed by a written report to the CONTRACT ADMINISTRATOR within two (2) working days. 8.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 8.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor shall carry cellular telephones with local San Diego region area code. Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make weekly inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. 9.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10.00 HOURS AND DAYS OF SWEEPING SERVICES 10.01 The acceptable daily hours of sweeping services shall be in accordance with Appendix "C", which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 10.02 CONTRACTOR shall provide staffing to perform the required sweeping services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 10.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 11.00 SWEEPING SCHEDULES 11.01 The CONTRACTOR shall, within thirty (30) days after the award of bid of this CONTRACT, submit work schedules to the CONTRACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. A Routine Operations Schedule shall include all tasks required at the intervals required. The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 12.00 CONTRACTOR'S STAFF AND TRAINING 12.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing sweeping services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working, as set forth in Attachment B. 12.04 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all sweeping services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). 12.06 Each crew of CONTRACTOR'S employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 12.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 12.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 12.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic. 13.00 NON-INTERFERENCE-NOISE 13.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 13.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 13.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment except as specifically detailed in Appendix "C". The CONTRACTOR is hereby notified that specific hours of service are required as identified in Appendix "C". Further, any schedule of such operations may be modified by CONTRACT ADMINISTRATOR in order to insure that the public is not unduly impacted by the noise created by such equipment. 14.00 CONTRACTOR DEFAULT 14.01 If the CONTRACTOR refuses or fails to prosecute this agreement or any separable item of part thereof with such diligence as will ensure its completion within the time specified by the CITY or any extension thereof, or fails to complete such work within such time, or if the 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 instruction 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 (10) days after the service of such notice, such violations shall cease and satisfactory arrangements for the corrections 1O 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 the 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 des 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 the CONTRACTOR that may be on the site of the work and be necessary therefore. 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 the cost of completing all CONTRACTOR'S obligations. For any such work that the CITY elects to complete by furnishing it's own employees, materials, tools and equipment, CITY shall receive reasonable compensation thereof including costs of supervision and overhead. 15.00 DRUG AND ALCOHOL FREE WORKPLACE 15.01 The CITY 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 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 services 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, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 16.00 ASSIGNMENT OF CONTRACT 16.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 17.00 SEAWALL AND RAIL TRAIL SWEEPING SERVICE 17.01 The CITY is requesting as a portion of this proposal, CONTRACTOR sweeping of the Coastal Rail Trail and Seawall. 17.02 Sweeping services for the Coastal Rail Trail include sweeping of the entire paved surface of the trail between Oak Avenue and Tamarack Avenue including the hard surfaced concrete ribbon gutter immediately adjacent to the asphalt trail surface. 17.03 Sweeping services for the Seawall include sweeping of the entire paved surface including the separate sections which begin at Pine Avenue and end at its southern terminus across from the Encina Power Plant. Sweeping services also include manual sweeping of stairways and landings from the bluff adjacent to Carlsbad Boulevard to the Seawall and stairways down from the Seawall to the sand surface of the beach. 17.04 The CONTRACTOR shall transport materials picked up in the sweeping process to locations marked at the Tamarack State Beach parking lot and shall screen or otherwise remove all debris and dispose of these items in trash cans or receptacles at that location. After screening, the CONTRACTOR SHALL deposit clean sand sweepings from the Seawall at the site in locations approved by the CONTRACT ADMINISTRATOR. 17.05 The CONTRACTOR shall provide specialty CONTRACTOR owned and maintained equipment for the above-mentioned sweeping services. The CONTRACTOR is advised that a smaller sweeper unit is needed due to the constrained width of the Seawall. The CONTRACTOR shall submit equipment proposed for use on this portion of the work and shall fully investigate the service area and shall demonstrate that equipment proposed for use is sized appropriately and adequately sized to navigate and service the Seawall. The CONTRACTOR may store his equipment at the Public Works Streets and Facilities Maintenance yard at 405 Oak Avenue. This stored equipment shall be subject to the same requirements of CONTRACTOR stored equipment at the Fleet Operations yard. 17.05 Provisions regarding GPS do not apply to this specialty sweeping equipment. All other provisions regarding deductions, callbacks for re-sweeping, weather delays and any other provision apply. CITY OF CARLSBAD BID 06-15 STREET SWEEPING SERVICES EXHIBIT "A" PART II EQUIPMENT SPECIFICATIONS 18.00 STREET SWEEPERS 18.01 The quality and quantity of the equipment used by CONTRACTOR for the sweeping of streets shall be sufficient to perform the work required herein. A minimum of two (2) primary sweepers and two (2) back-up sweepers shall be provided. One (1) primary sweeper shall be broom type and one (1) primary sweeper shall be vacuum type or regenerative air vacuum type. One (1) back-up sweeper shall be broom type and one (1) backup sweeper shall be vacuum type or regenerative air vacuum type. All sweepers shall be top- dump. The primary sweepers shall be less than one (1) year old and the backup sweepers shall be no more than four (4) years old. Bottom dump sweepers shall not be used within the CITY. The specific equipment to be used shall be specified in the CONTRACTOR'S proposal (e.g., broom type, vacuum-type, regenerative air vacuum type). The CONTRACTOR shall provide one month prior to any subsequent extension year the Make, Model, and Year of sweeper equipment to be used in CITY. The CONTRACTOR shall submit Department of Motor Vehicle registration copies to the CONTRACT ADMINISTRATOR in his bid and at the annual intervals identified in this section. Manufacturer's Equipment Specifications are to be included within the proposal. All equipment, including support equipment, to be used by CONTRACTOR shall be listed as a part of the detailed inventory to support the CONTRACTOR'S qualifications. Manufacturer's Equipment Specifications shall be mailed or facsimiled to CITY whenever new equipment is added to the CONTRACTOR'S inventory. 18.02 All equipment shall be equipped in accordance with State law. The flashing light shall meet the following requirements: • visible for a minimum of one mile • flash 60-90 times per minute • mounted for 360 degree visibility • equipped with an amber lens An arrow board, approved by the CONTRACT ADMINISTRATOR, shall be mounted on the back of all equipment. All sweeping equipment provided by the CONTRACTOR is required to comply with PM 10, and rule 1186 air quality requirements. 18.03 Each sweeper is required to be equipped with a fire extinguisher and a portable blower. The CONTRACTOR shall utilize the portable blower to move debris to a location that it can be removed by the sweeper unit any time obstructions, temporary or permanent, limit the sweeper unit's access to areas included in sweeping services. These obstructions include cars parked in parking lots, obstructions placed by others in the traveled way, or other unforeseen obstructions. 18.04 Any street sweeping vehicle fluid leaks will be cleaned immediately using all appropriate dry cleaning methods and properly disposed. Each sweeper provided by the CONTRACTOR shall carry a spill kit and the operator shall be properly trained on how to clean spills. 18.05 All sweepers shall have in large markings the name of the CONTRACTOR, and the phrase "Under Contract with the City of Carlsbad" either painted or permanently affixed to both sides of the sweepers. 18.06 All street sweepers shall be equipped with: • Adequate water systems for dust control. The CONTRACTOR is required to provide water for his sweeping operations in accordance with Section 1.19. • Automatic vehicle location device (vehicle location and management system [e.g., GPS]). See Section 19.00 for specific requirements. 19.00 EQUIPMENT LOCATION AND REPAIR REQUIREMENTS 19.01 CITY requires that all equipment (both primary and backup sweepers) to be used for performing services under this agreement be kept within the CITY limits. No scheduled route during daily service shall be interrupted or deviated from for service either outside the City limits or inside the City limits. 19.02 The CONTRACTOR may store sweepers used in the CITY at the Fleet Operations Center located at 2480 Impala Drive. The CONTRACTOR shall store this equipment in specific areas as directed by the CONTRACT ADMINISTRATOR. Any equipment stored on CITY property must be dedicated for providing service for this agreement only. The CONTRACTOR shall remove any equipment from the Fleet Operations Center within twenty- four (24) hours if the CONTRACT ADMINISTRATOR determines that said equipment is not in compliance with this requirement. No repairs, washing, cleaning or other extensive maintenance of equipment shall be performed at the Fleet Operation Center except for operator pre-trip inspections to insure the sweepers are in a safe and operable condition. Under no circumstance is the CONTRACTOR to utilize the CITY'S pressure washing equipment, fuel service or any other CITY owned equipment. The CONTRACTOR shall maintain his sweeper storage area in a clean and tidy state and shall remove and legally dispose of any dirt, debris fluids or any other items from the surface of the parking lot deposited by the CONTRACTOR'S equipment immediately regardless of the nature of the material. Sweeper storage at the Fleet Operations Center is a privilege to the CONTRACTOR that is provide by the CITY as a convenience and shall be revocable at any time the CONTRACT ADMINISTRATOR determines that the CONTRACTOR is not in compliance with the conditions set forth in this Section. The CONTRACTOR, if given written notice to remove equipment from the premises, shall within forty-eight (48) hours remove all equipment from the Fleet Operations Center and shall procure a storage location for his equipment within the City of Carlsbad limits at the CONTRACTOR'S expense. The CONTRACTOR may, at his option, store his sweepers at an alternate location within the City limits. The cost of alternative storage areas shall be the responsibility of the CONTRACTOR. 19.03 CONTRACTOR shall maintain a facility for repair and care of sweepers used in CITY. Brushes and brooms shall be maintained in proper condition and shall be replaced as recommended by the manufacturer, or when pick-up ability becomes impaired. 19.04 The CONTRACTOR shall demonstrate that adequate support equipment shall be available, including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described within this agreement. All equipment, including support equipment, to be used by CONTRACTOR shall be listed as a part of the detailed inventory to support the CONTRACTOR'S qualifications. 19.05 The CONTRACTOR'S equipment and equipment service, including warranty repair, records shall be subject to periodic inspection by CITY. Should warranty work be undocumented by warrantor, CONTRACTOR shall notify the City of scheduled or unscheduled warranty repairs and log the warranty work within CONTRACTOR records. Scheduled or unscheduled equipment maintenance and/or repairs shall be noticed to CITY immediately, with anticipated date and time of equipment return. Copies of all equipment repair work sent to the CONTRACT ADMINISTRATOR within 5 (5) business days of repair(s). 19.06 CITY shall have the option of performing a complete inspection of all vehicles at any time throughout the term of the Contract. If any vehicle is inspected and it is determined by the CONTRACT ADMINISTRATOR, that it does not meet standards CITY deems necessary to fulfill the Contract or to operate safely, CITY may require such vehicle(s) be brought to standard (whether by need of repair or use of certified equipment as required by Federal, State, or local law) before being placed back in service. Any vehicular accidents involving sweepers assigned to CITY must be reported in writing within 24 hours of said accident to CITY. 20.00 GPS EQUIPMENT AND SOFTWARE 20.01 The CONTRACTOR shall provide automatic vehicle location device (vehicle location and management system [e.g., GPS]) on primary and backup sweeper units. This device shall be placed on all sweeping equipment at the CONTRACTOR'S cost. 20.02 The CONTRACTOR shall provide associated software programs, which will report all street sweeping activity. The associated software shall be provided at no cost to the CITY including monthly monitoring charges. The CONTRACTOR shall provide software and licensing for two work stations and all associated IT services required to install, maintain, and update this software. Software shall be capable of being operated on computers utilizing Microsoft Windows 2000 or Windows XP. Software shall be capable of demonstrating real-time location, broom head position, speed and path of travel of equipment equipped with GPS systems. Software shall be capable of recording and printing daily activity logs indicating actual miles traveled, ground speed of equipment, the location of equipment at any given time, broom head position indication, and any other information that is suitable for documenting actual work performed by the CONTRACTOR under this agreement. -11 The CONTRACTOR shall have a tachograph system to backup GPS in the event of a system failure and shall submit an initialed tachograph chart for any period of work with the monthly invoice for any day of work that the GPS system is non-operational. The CONTRACTOR shall provide adequate training on an annual basis for CITY staff in the operation and use of this system. Should any device fail, or need repair, the CONTRACTOR shall immediately report that the GPS is inoperative to CITY. If the CONTRACTOR'S software or monitoring website fails, the CONTRACT ADMINISTRATOR shall immediately notify the CONTRACTOR. The CONTRACTOR shall repair any non-operation portion of the system within two (2) business days or the sum of one hundred (100) dollars per day will be deducted from payments due the CONTRACTOR for each twenty-four (24) hour period, or portions thereof, that the system is unavailable to the CITY. SITE: El Camino Real "Appendix B" CITY OF CARLSBAD STREET SWEEPING SERVICES BID NO. 06-15 INSPECTION RATING FORM INSPECTOR: Dale A. Schuck 5/30/06 Possible Previous Rating This Category Description Points Period Period No observable trash or litter on street Dust control measures in effect Sweeping Speed per Specifications Sweeping Performed on Scheduled Day Sweeping Hours (Time of Day) per Specifications GPS System Operational Personnel in Proper Uniforms Vehicles Marked as Required Rating Totals Deduction Percent 25 10 10 10 15 10 10 10 100 22 10 9 10 15 10 10 5 91 23 10 9 10 15 10 10 5 92 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 3 0.03 $1,181.04 $35.43 $1,145.61 Deduction Amount Adjusted Monthly Payment $177.16 $1,003.88 CITY OF CARLSBAD STREET SWEEPING SERVICES CONTRACTOR EQUIPMENT AND PERFORMANCE BID NO. 06-15 INSPECTION RATING FORM SITE: GENERAL DUTIES INSPECTOR: Dale A. Schuck 5/30/06 Possible Previous Rating This Category Description Points Period Period Safety Knowledge of Contract Requirements Staffing Equipment & Vehicles Performance of Additional Work Observation and Reporting Emergency Response Response to Requests Office and Communications Invoicing Schedule and Reports Meeting Preparation and Attendance Administrative Support Supervision of Operations Rating Totals Deduction Percent 8 6 9 7 7 6 8 8 7 6 7 6 7 8 100 8 6 8 7 7 6 7 6 7 6 7 6 7 8 96 8 6 8 7 7 6 7 6 7 6 7 6 7 8 96 0 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 0 0.00 $1,181.04 $0.00 $1,181.04 \O "Appendix C" CITY OF CARLSBAD STREET SWEEPING SERVICES BID NO. 06-15 SERVICE FREQUENCIES AND HOURS OF OPERATION 21.00 FREQUENCIES. DAYS. AND HOURS OF OPERATION 21.01 All sweeping operations are to conform to Section 21.00. A sample schedule is attached titled "City of Carlsbad - Street Sweeping Schedule June 06". The CONTRACTOR may request a deviation from the suggested schedule with the exception of the specifically required sweeping schedules listed in this section and the attachments thereto which are incorporated into this Contract by reference. If the CONTRACTOR requests a deviation from any schedules, a written request must be submitted to the CONTRACT ADMINISTRATOR. An electronic schedule detailing all sweeping operations must also be submitted in the format of the current schedule or schedules. The CONTRACT ADMINISTRATOR will review the CONTRACTOR'S proposed operations schedule and shall return it to the CONTRACTOR within 15 Working Days, marked Accepted, Make Corrections Noted, Revise and Re-submit or Rejected. 21.02 Major Streets except for Medians, (See Section 21.03 For Median Frequencies: Unless specifically altered elsewhere in this section, the following areas are to be swept once per week from 7:00 am to 7:00 pm: • El Camino Real from Haymar Drive to the southern city limits • Palomar Airport Road from Carlsbad Boulevard to the eastern city limits • La Costa Avenue from InterstateS to Rancho Santa Fe Road • Paseo del Norte from Cannon Road to Palomar Airport Road • Tamarack Avenue from Carlsbad Boulevard to Carlsbad Village Drive • Marron Road from Highway 78 to El Camino Real • 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. • Seawall 21.03 Village Area: Unless specifically altered elsewhere in this section, the following areas are to be swept three times per week from 3:00 am to 5:00 AM (Posted) in the areas shown on the attached map tiled "Downtown Village Sweeping Areas": • Downtown Village Area • See Attachment 21.04 Medians: Unless specifically altered elsewhere in this section, the following areas are to be swept once per month from 7:00 am to 7:00 pm: • All open striped center medians (in their entirety) • All raised curb medians 21.05 Residential and Commercial Streets: Unless specifically altered elsewhere in this section, the following areas are to be swept twice per month from 7:00 am to 7:00 pm: • All residential and commercial streets (Public) • All alleys • Coastal Rail Trail • See Attachment 21.06 Streets Currently Posted "NO PARKING": Unless specifically altered elsewhere in this section, the he following areas are to be swept according to the above listed maintenance frequencies during the hours listed on the attachment titled "Current Posted "No Parking" Areas. 21.07 Parking Lots in Commercial and Industrial Areas: Unless specifically altered elsewhere in this section, the following areas are to be swept according to the maintenance frequencies listed in the attachment titled "City of Carlsbad Parking Lots and Sweeping Frequencies" during off-peak parking hours (Prior to 7:00 am). 21.08 Parking Lots in Residential Areas: Unless specifically altered elsewhere in this section, the he following areas are to be swept according to the maintenance frequencies listed in the attachment titled "City of Carlsbad Parking Lots and Sweeping Frequencies" between the hours of 7:00 am and 7:00 pm: • Calavera Hills Trailhead • Hidden Canyon Park • La Costa Canyon Park • Wickham Way EXHIBIT "B" i CONTRACTOR'S WORK FORCE Bid No. 06-15 The CONTRACTOR shall set forth in Exhibit B to the proposed CONTRACT: A. Each labor or supervisory position by title that will make up the CONTRACTOR'S work force needed to provide the described services. B. A sufficiently detailed explanation of the minimum qualifications for a person working in each position title, including any required licenses and/or certifications. C. The minimum annual man-hours for each position title that the CONTRACTOR proposes to commit to the performance of the described services. D. A list and description of the qualifications of other pertinent staff that are not to be directly committed to this project but who will be available to support, consult, perform Extra Work, and the like. E. A description of CONTRACTOR'S systematic skills training program. The information provided in this attachment is for the purposes of determining the CONTRACTOR'S commitment and preparedness to perform the DESCRIBED SERVICES, and assuring that the CONTRACTOR'S bid is reasonable and complete. Nothing in this Attachment shall in any way be construed to remove, lessen, or relieve the CONTRACTOR from any responsibility prescribed by the CONTRACT. CONTRACTOR may attach additional pages to describe Minimum Qualifications, if needed. Label any such pages "Exhibit B - Additional Information" along with the appropriate position title(s) corresponding to this form. A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 1. 2. 3. Bid 06-15 Street Sweeping Services 06/08/2006 54 I- EXHIBIT "B" Page 2 CONTRACTOR'S WORK FORCE (Continued) A. POSITION TITLE B. MINIMUM QUALIFICATIONS C. TOTAL ANNUAL HOURS 4. 5. 6. 7. 8. 9. 10. Bid 06-15 Street Sweeping Services 06/08/2006 55 EXHIBIT "B" CONTRACTOR'S WORK FORCE Bid No. 06-15 A. POSITION TITLE B. MINIMUM QUALIFICATION C. TOTAL ANNUAL HOURS 1. Position: Lead Operator 2 years municipal city street cleaning experience with class C and B, dual control Broom and Regenerative air, broom assisted sweepers (Elgin and Tymco), basic maintenance and equipment adjustment knowledge, experience in sweeping to schedules and routes, BMP trained, good communication skills and pride and integrity. Approx 1800 2. Position: Operator As above but with 1 years sweeping experience.Approx 1100 3. Position: Reserve Operator This operator is our third City of Carlsbad trained sweeper - emergency cover and back up as / when required Approx 300 4. Position: Field Supervisor As above with experience in Best Management Practice (Sweeping operation), knowledge of EPA compliance mandates for Storm Drain Pollution Prevention, clear communicator, self initiative, pride and integrity. Approx 240 5. On-site Supervisor for the Citv of Carlsbad 2 years experience with municipal city contracts and customer relations. Management experience in customer services. Technology articulate. Approx 490 6. Shop Foreman 2 years experience with heavy and diesel truck maintenance. Minimum 2 years undergraduate college work. Actual sweeping operations experience. Detail orientated Approx 180 7. Lead Mechanic 7 plus years experience with heavy and diesel truck maintenance. Preventative maintenance management experience. ASE Certification. Approx 50 8. Mechanic 9. Dispatch and Scheduling 10. Customer Service and Administration 11. Controller 2 years experience with heavy and diesel truck maintenance. Minimum Qualifications: Community College education. Work experience in scheduled services industry. Microsoft application software and scheduling / dispatch software skills. Good communication and ability to multitask and prioritize. College degree education. Experience in customer service industry and Total Quality Management process. High leadership and communication skills CPA qualified. 7-10 years work place experience. Approx 130 Approx 250 Approx 70 Approx 15 EXHBIT"B" Page3 CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title Description / Qualifications i. 4. 5. E. Description of CONTRACTOR'S employee training program Bid 06-15 Street Sweeping Services 06/08/2006 56 EXHIBIT "B" Page 3 CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title Description / Qualification 1. CEO and President Responsible for Company operations and financial management. Day to day involvement with municipal city customer services, scheduling and routing efficiencies, asset management and deployment. Qualifications: MBA in Business. Proven track record in company leadership, vision and communications. 2. Director of Sates and Marketing Responsible for all company sales and customer marketing initiatives including; web site and web based services, customized truck decals and resident out reach support programs. Also responsible for; EPA compliance, training materials and contract support. Qualifications: BA in Management, proven track record in executive management positions within the service industry and at least 1 years experience with municipal city service provision EXHBIT"B" Page3 CONTRACTOR'S WORK FORCE (Continued) D. Other Staff Support Title Description / Qualifications i. E. Description of CONTRACTOR'S employee training program Bid 06-15 Street Sweeping Services 06/08/2006 56 EXHIBIT "B" Page 3 CONTRACTOR'S WORK FORCE (Continued) E. Description of CONTRACTOR'S employee training program All operators receive in house training from Elgin and Tymco (sweeper manufacturers) for safe and compliant operation, use of safety equipment and routine maintenance. Cannon Pacific provides regular field training for Operators for best sweeping practice and route compliance. All field staff receives regular training on proper use of hand equipment, communications devices, record keeping and customer alert systems. All staff receives regular Company updates and individuals are encouraged to attend personal improvement programs funded by the Company CANNON PACIFIC . •• ^SWEEPING AMERICA REQUEST FOR BID STREET SWEEPING SERVICES CITY OF CARLSBAD Bid No. 06-15 EXHIBIT "B" CONTRACTOR'S WORK FORCE Additional Information Attached copies of Cannon Pacific job descriptions as follows: • Field Supervisor - City of Carlsbad • Lead Operator - City of Carlsbad • Operator - City of Carslbad CANNON PACIFIC JOB DESCRIPTION CLASS DESCRIPTION: FIELD SUPERVISOR, City Of Carlsbad REPORTS TO: On site Supervisor for the City of Carlsbad SUPERVISES: Street Sweeping Operators and Lead Operators. JOB SUMMARY: SUPERVISES, ASSIGNS, TRAINS AND ASSISTS IN SCHEDULING THE WORK OF SWEEPING CREWS INVOLVED IN STREET SWEEPING AND THEIR QUALITY OF WORK. MAJOR DUTIES: 1. Supervises, assigns, coordinates and inspects all operations for; street, sewer and storm drain maintenance and street cleaning operations. 2. Identifies, manages and maintains all street sweeping route maps and daily schedules. 3. Recruits, trains, supervises and directs all equipment and field operators. 4. Monitors and reviews quality of work performed by operators and contractors. 5. Monitors and reviews sweeping compliance for all routes and customers to NPDES Phase II and federal EPA regulation. 6. Orders necessary authorized materials and recommends major capital purchases. 7. Conducts regular quality compliance meetings with contracted customers. 8. Responds to customer inquiries and complaints regarding contract compliance, street obstacles (trees and parked vehicle) and street and drainage system conditions. 9. Maintains daily records of equipment, personnel and materials used for each contract. 10. Manages and authorizes all time sheets for payroll purposes. 11. Coordinates emergency and special assignments with customers as required. 12. Performs related duties as assigned. KNOWLEDGE AND SKILLS: • High School degree or equivalent supplemented by experience and specialized training in logistics, fleet management and employee supervision. • Three years of increasingly responsible experience in public work construction and maintenance work or military logistics experience, including significant supervisory experience. • Possession of an appropriate valid California B-class driver's license. • Knowledge of materials, methods, equipment and tools used in street sweeping, street maintenance, power cleaning and storm drain maintenance activities. • Knowledge of methods of estimating time, cost and equipment necessary to perform assigned work. • Knowledge of safe and efficient work practices including the operations of a variety of cleaning and maintenance equipment and in particular Best Management Practices (BMP) for street sweeping operations. • Knowledge of principles and practices of supervision, training and performance evaluation. • Knowledge of principals and practices of GPS and GIS systems • Knowledge of purchasing procedures, forms and techniques. • Skill in supervising, scheduling, and inspecting the work of a variety of street maintenance activities. • Ability to use Microsoft Word, Excel and Outlook • Ability to communicate both orally and in writing and work well with others. • Ability to maintain accurate and up-to-date records. CANNON PACIFIC JOB DESCRIPTION CLASS DESCRIPTION: STREET SWEEPER OPERATOR -LEAD OPERATOR, City of Carlsbad REPORTS TO: Field Supervisor, assigned to the City of Carlsbad DEFINITION: Provides lead sweeping services on a daily basis to the City of Carlsbad with attention to route scheduling, compliance and Best Management Practice. Also keeps Field Supervisor alerted to any conditions in the field that are potentially troublesome or controversial, assist in training of other street sweeper operators, monitors work in progress, monitors compliance to Best Management Practice (BMP) as directed by EPA compliance and performs related duties as required. DISTINGUISHING FEATURES: Familiarity with all phases of street sweeping is required with emphasis in working with the Field supervisor and Dispatcher to effectively schedule and route the street sweepers for all daily contracted services, as well as knowledge of maintenance of street sweepers and related equipment. The Street Sweeper Lead Operator is distinguished from Street Sweeper Operator by the requirements to provide primary sweeping service for assigned city and guidance to other street sweeper operators and performs any of the duties relative to Street Sweeping as part of his/her ongoing assignment. ESSENTIAL FUNCTIONS: • Assigns equipment and performs and assists operators in performing the daily safety checks and maintenance of street sweepers (lights, brakes, daily lube, safety warning lights etc). • Assures that adjustments are properly set on main sweeper brooms to compensate for wear to insure optimum life of broom and effective and compliant removal of litter from streets. • Assures that the gutter broom adjustments are at proper pressure and angle to ensure effective removal of material from gutters. • Operates sweeper effectively over assigned routes within compliance sweep speeds of 5 mpg to 8 mpg. • Operates other street sweeping related equipment such as power washing and steam cleaning equipment as required and instructed. • Observes and enforces safety policies and practices. • Assigns leaf removal equipment to designated locations for leaf pick-up and assigns power washing and steam cleaning crews as scheduled. • Resolves performance issues between subordinate operators and clients. • Advises Field Supervisor of dally activities involving assigned personnel, provides input for development of performance appraisals. • Makes periodic field inspections of work in progress or that has been completed and ensure the use of Best Management Practice to EPA compliance. • Insure that routes are effectively cleaned and that the equipment is properly operated and daily maintenance routines conducted as required. • Perform related duties and responsibilities as required. MINIMUM QUALIRCATIONS: Sufficient education, training and/or work experience to demonstrate possession of the following knowledge, skills, and abilities which would typically be acquired through: • Equivalent to completion of twelfth grade. and • Four years of increasingly responsible experience in Public / Private Works construction and maintenance, with two years experience in the operation of street sweepers and/or motorized equipment including some heavy equipment. Experience with municipal city sweeping is preferred and / or high density residential sweeping experience. Knowledge, Skills and abilities: • Must have knowledge of all facets of litter control, through knowledge of the operation of street sweepers and their mechanical and vacuum systems, knowledge of gutter broom angles to effectively clean streets and be able to respond competently to customer concerns. • Ability to use management information on routes and times associated with the completion of these routes. • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time and operating assigned equipment and vehicles. • Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential Job functions. • Ability to operate all assigned equipment including on-truck data terminals, digital capture and GPS technology. • Ability to make sound decisions in a manner consistent with the essential job functions. Special Requirements: Possession of a valid California Class B commercial driver's permit WORKING CONDITIONS: Operation of motorized equipment; exposure to dust and noise; danger of heavy equipment; climbing, lifting, and stooping; work in inclement weather conditions. CANNON PACIFIC JOB DESCRIPTION CLASS DESCRIPTION: STREET SWEEPER OPERATOR, City of Carlsbad REPORTS TO: Field Supervisor, assigned to the City of Carlsbad. DEFINITION: The Street Sweeper Operator operates large dual control, mechanical or vacuum street sweepers on Municipal city and housing community streets, parking lots, commercial, retail and industrial complexes, military establishments, airfields, naval bases and other private and public right-of-ways to remove litter, debris and pollutants. The Street Sweeper Operator also operates power washing, steam cleaning and back pack blower equipment as directed. ESSENTIAL FUNCTIONS: • Perform and document a safety check of sweeper (lights, brakes, safety warning lights etc.). • Adjusts main sweeper brooms to compensate for wear to ensure optimum life of broom and effective and compliant removal of litter and pollutants from streets. • Adjusts the gutter broom for proper pressure and angle to ensure effective removal of material from gutters. • Operates regenerative air or mechanical sweeper over assigned routes within compliance sweep speeds of 5mph to Smph. • Operates assigned sweeper within the operating requirements recommended by the sweeper manufacturer and to Best Management Practice (BMP) as defined to comply with Federal and State EPA regulations. • Operates other street sweeping related equipment such as power washing and steam cleaning equipment as required and instructed. • Observes all safety standards and practices. • Perform daily post sweeping duties such as; washing vehicle, essential lubrication, fluid level checks, tire pressures and safety equipment Related Functions: • Perform related duties and responsibilities as required. MINIMUM QUALIFICATIONS: Sufficient education, training and/or work experience to demonstrate possession of the following knowledge, skills, and abilities which would typically be acquired through: • High school or GED preferred. • Two years of experience in the operation of motorized equipment, including some heavy equipment or one year experience operating street sweepers. Knowledge, Skills and Abilities: • Ability to follow through on assignments with little direct supervision. • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time and operating assigned equipment and vehicles. • Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential job functions. • Ability to operate assigned equipment including on-truck data terminals, digital capture and GPS technology. • Ability to make sound decisions in a manner consistent with the essential job functions and safety policies. Special Requirements: Possession of a valid California Class B commercial driver's permit. WORKING CONDITIONS: Operation of motorized equipment; exposure to dust and noise; danger of heavy equipment; climbing, lifting and stooping; work in inclement weather conditions. May be required to work an alternate work schedule. EXHIBIT "C" LISTING OF SUBCONTRACTORS Bid No. 06-15 The CONTRACTOR is required to furnish the following information relative to the subcontractors he proposes to use. If all work is to be done without subcontractors, write "NONE" in the following space: NONG NAME UNDER WHICH SUB- CONTRACTOR IS LICENSED LICENSE NUMBER AND CLASS ADDRESS AND TELEPHONE TYPE AND PORTION OF WORK SUBCONTRACTOR WILL PERFORM Bid 06-15 Street Sweeping Services 06/08/2006 57 EXHIBIT "D" CONTRACTOR'S EQUIPMENT Bid No. 06-15 A. EQUIPMENT ITEM DESCRIPTION Primary Equipment: 1 . Elgin Broom Bear 2. Elgin Fury (Regen Air) Sea Wall & Rail Trail: 3. Tennant 6650 Back Up Equipment: 3. Elgin Broom Bear 4. Elgin Fury (Regen Air) Support Equipment:: 5. Elgin Broom Bear 6. Elgin Fury (Regen Air) 7. Tymco 435 (Reg Air) B. QUANTITY 1 x New machine 1 x New machine 1 x New Machine 1 x Less than 2 years old 1 x New machine 6 x Less than 2 years old 1 x New machine 3 x Less than 3 years old C. TOTAL ANNUAL HOURS Approx 1000 Approx 1650 Approx 550 Approx 150 Approx 350 Approx 20 Approx 15 Approx 15 5. 6. 7. 8. All sweepers receive routine preventative maintenance from our central operating hub in Carlsbad, California and are supported in the field by 2 mobile maintenance vehicles, helping provide 24/7 cover. All vehicles fully comply with State and Federal laws. All sweepers are dual-cab design assisting quality of sweep and ability to sweep with the flow of traffic. All sweepers are equipped with compliant safety / warning devices including: top mounted warning lights and rear mounted arrow sticks. All Cannon Operators are fully trained and will use protective clothing and Orange vests as directed. Cannon Pacific operates a strict replacement / rotation policy for trucks. All Cannon Pacific trucks are in compliance with SCAQM Rule 1186 PM10 mandate. All Cannon Pacific Trucks are factory white with manufacturer's and Cannon Pacific decals. We would customize decals as requested. Cannon Pacific can make available maintenance history and VIN numbers. UOUUBQ 869:80 90 £0too I IbJ BODY TYPE VA TYPE VEHI AUTOM' RE5ISTERE CANN 6120 PO B ENClfolTAS CA .lENHOtOE REGISTRATION CARD VALID FROM: 03/02/2006 TO: 03/08/2007 XR MODEL 2004 MODEL HP D LE USE BILE YR 1ST SOLO 2006 MO MP DATE ISSUED 03/22/06 VLF CLASS MA CC/ALCO 37 DT FEE RECVO 03/22/06 OWNER N PACIFIC SERVICES AVENIDA ENCINAS STE < 230147 H TYPE VEH TYPE UC UCENSE NUMBER 11Y 11 5TXC09Q VEHlCLs ID NUMBER JAL35B14547902479 PIC STICKER ISSUED 5 G3056368 AMOUNT PAID ? 694.00 92023 AMOUNT DUE 694.00 HQ REFUND AMOUNT RECVO CASH CHCK CRDT 725.00 31.00 AOO 691 B9 0069400 0028 CS AOO 032206 11 5TXC090 479 uouueo 10190 £0 inr HUIU u9/i<t/<ruU6 IU Ub/14/2007 11 5NIA902 ALE5B16257902412 """1 A (5/23/2006 R•e Q 1 S T R E D — C UVI* 1 L1 EN H 0L 0ER CA BK/TR10605 SC SAN DIEQ0 IWiWKL I . bo/i I TWHW.I l»||i2Y |D| auE'MTKUD i turn 0/00/2005 JXR ISD 2005 3700 CPS EQUIP LSG LLC 6102 AVENIDA ENCINAS STE HCARLSBAD CA 92011-1005 Y PKY TO REMOVE THE STICKERFHOUTHiiACKHW,man STICKEB AT SUT AMD PEEL SLOWLY. msmucnoNsroR APPLVINQ SIKKER TO LICENSE PLATE 1. CLEAN SURFACE THOROUGHLY SCR APE OFF ACCUMULATED STICKERS (STICKERWU.WJT STICK UFVWT OH WRTf). 2. PUT STtCJOn ON MAR UCBttt PLATE AS SHOWN BELOW: MOTORCYCLES: RlgMKMotThbWWI rr~* R0040L0504 92131141051220064160 ALLOTHSRS: tnTapRlgMCamw 1MOOO .icur*uii*i 1 SAM 113 VALIDATED REGISTRATION CARD READ REVERSE SBC •MPOimUflriNBlWCTIOMS H7068095 EXCEPT Duck ItMtora And ComMrdil Whlcln WRti AOteknd GtOM Wikk WilgM a) 10,001 R>». or Man-Muti Apply 5Uek*r ib EmUbli 2290-209-09ZH UOUUBQ I BODV TYI • VA TYPE VEH AUTO! ;OBILE RKISTEI ED OWNER CAN! ON PAC SVCS 6121 AVENIDA ENCINAS STE H PO ! X 230147 ENC. CA L1ENHOLI :R REGISTRATION CARD VALID FROM: 04/06/2006 TO: 04/08/2007 YR MODEL 2006 E MODEL HP D ICLE USE YR 1ST SOLD 2006 MO MR DATE ISSUED 04/19/06 VLF CLASS MA CC/ALCO 37 DT FEE RECVD 04/19/06 TYPE VEH TYPE LIC LICENSE NUMBER 11Y 11 5TZW270 VEHICLE ID NUMBER 1FVACXDC16HV19582 PIC STICKER ISSUED 5 G3056000 AMOUNT PAIO $ 1081.00 NITAS 92024 AMOUNT DUE $ 1081.00 HQ REFUND AMOUNT RECVO CASE CHCK CRDT 1127.25 46.25 AOO 691 C6 0108100 0034 CS AOO 041906 11 5TZW270 582 "ff " uouueo 90 CO |np CANNON PACIFIC REQUEST FOR BID STREET SWEEPING SERVICES CITY OF CARLSBAD Bid No. 06-15 EXHIBIT "D" CONTRACTOR'S EQUIPMENT Additional Information Attached copies of Cannon Pacific job descriptions as follows: • Full equipment list of Cannon Pacific sweepers - located at Carlsbad hub • Specification for Elgin Broom Bear - High dump • Specification for Elgin Fury - High dump • Specification for Tymco 435 - High dump • Specification for Tennant 6650 IPS EXHIBIT "D" - Additional Information CONTRACTOR'S EQUIPMENT Bid No. 06-15 CANNON PACIFIC FULL VEHICLE / EQUIPMENT LIST Cannon Pacific Asset list of Heavy Duty Sweepers: Qty & Make 1 Elgin 1 Elgin 1 Elgin 1 Elgin 1 Elgin 1 Elgin 1 Elqin 1 Elgin 1 Elgin 1 Elgin 1 Elgin 1 Tymco 1 Tymco 1 Tymco 1 Tymco 1 Tymco 1 Masco 1 Ford 1 Ford 1 Ford 1 Toyota 1 Nissan 1 International Type Broom Bear Broom Bear Broom Bear Broom Bear Broom Bear Broom Bear Broom Bear Broom Bear Fury Fury Fury 435 435 435 600 600 Masco Truck F150 F350 T100 Truck Truck Description Broom O Broom M Broom K Broom L Broom N Broom H Broom I Broom J RegenAir RegenAir RegenAir RegenAir C RegenAir B RegenAir A RegenAir 03 RegenAir 01 Vacuum Dump Truck Service Truck Service Truck Pickup Truck Pickup Truck Water Truck Hopper High Dump High Dump High Dump High Dump High Dump High Dump High Dump High Dump High Dump High Dump High Dump High Dump High Dump High Dump Low Dump Low Dump High Dump Year 2006 NEW 2005 2004 2004 2004 2002 2002 2002 2005 NEW 2006 NEW 2006 NEW 2005 NEW 2002 2002 2002 2001 2002 1982 2000 1987 1995 2004 1992 Mileage 17,105 36,989 55,576 59,411 65,410 103,118 98,375 91,499 6,090 308 746 45,554 105,576 106,413 40,487 81,821 33,908 80,000 60,000 100,000 105,000 30,000 40,000 1. All sweepers are located and maintained in San Diego County, most within the City of Carlsbad. TYMCO REGENERATIVE AIR STREET SWEEPERS - Sweeper M... http://wvw.tymco.com/mod435.html Dumping Cylinders Heavy Loads? No problem. The TYMCO Model 435 comes equipped with powerful piggyback hopper lift cylinders. Theses heavy duty, easy to maintain, dump cylinders allow the Model 435 to high dump even the heaviest of loads. With more cylinder stroke in a shorter overall length the lift system uses less pressure to dump, no matter how heavy the load. Safety Strut Simple, safe and reliable. Permanently attached to the hopper frame for easy accessibility. When the hopper is in the up position, simply insert steel pin into the hole on the built-in safety strut. Control Console Lighted control console. This control console utilizes lighted paddle type switches. Each switch has a lighted ledger window describing its function in relation to the operation of the sweeper. As standard equipment, the panel includes auxiliary engine tachometer, volt meter, hour meter, and low water warning system. The panel is hinged for easy service access. Hydraulic Pump/Reservoir TYMCO's powerful double groove V belt hydraulic pump allows the Model 435 to operate dual gutter brooms simultaneously in heavy sweeping conditions. The Model 435's large hydraulic reservoir helps the hydraulic system remain cooler during operation even in the most severe operating conditions. | Model 435 | I Photo Gallery I I Specs I For tbe TYMCO dealer nearest you, call 800-258-9626 To request information or ask questions about your TYMCO Sweeper click here. TYMCO P.O. Box 2368 Waco, Texas 76703 USA 254-799-5546 254-799-2722 FAX lnfo@TYMCO.com ffi 2003 TYMCO All Rights R«Mivad. Legal Nqflcas. Sit* design by SharpSite Internet Services, inc. 2 of 2 6/16/2006 12:27 PM 113 Tennant Company - Industrial, indoor and outdoor cleaning solutions,... http://www.tennantco.com/na-en/products/inachinesy6650-rider-sweepe.. Ternary Company Launches New V. North America In English (change) Sfte map WebUNK PRODUCTS N0USTRNE8 SERVICE RESOURCES ABOUT CONTACT 6650 Industry-standard Power Rider Sweeper REQUEST INFO >> Search tail product media Powerful sweeping performance and exceptional durability • Rugged enough to pick up bulky litter and sand, yet finely tuned for cleaning and filtering dust. • Industrial-strength durability with steel T-beam super-structure frame and triple hydraulic pump system. • Spend less time training and more time cleaning with easy-to-use, one-button controls and the operator-friendly ergonomic design. Key reliability and performance features • Easy, fail-safe operation with 1-Step'", a single button that controls all sweeping functions. • Tennant's exclusive, H-Speed™ sweeping system maximizes cleaning effectiveness by matching broom and vacuum speeds to types of debris. • Dual side dust skirts and exclusive PermaFllter"* contains airborne dust. • Deluxe, standard suspension seat adjusts to operator's weight and cushions bumps for a smooth ride. Complementary Products 7300 8300 3640 Financing Options Pre-Owned Equipment Ask Tennant Must-have options • Steel hoppers available for the most demanding and abusive sweeping environments. • Choose an off-aisle vacuum wand to extend cleaning reach. • Add a pressurized cab with heating and air conditioning for increased operator comfort and workplace safety. ® Product Brochure Product Specifications Recommended Parts and Supplies HOME PRIVACY POLICY TERMS AND CONDITIONS TERMS OF USE ® 2006 Tennant Company. All Rights Reserved. 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CD II t^o >.CO C CO CD co $ S % ^ ^ C(gco o 2 S5 ^ ? £: toT3 T3C C «5c c .55 ro j=05=5^ 8^ ^^ I•5. <Ds LLCL 131 CURRENT POSTED "NO PARKING" AREAS Beech Street: VILLAGE AREA Between Stale Street and Roosevelt Street. Posted 3:00 a.m. to 5:00 a.m. daily. Carlsbad Village Drive: Between Carlsbad Boulevard and 1-5. Posted 3:00 a.m. to 5:00 am. dally. Grand Avenue: State Street: Roosevelt Street: Between Carlsbad Boulevard and Hope Street. Posted 3:00 a.m. to 5:00 a.m. daily. Between Oak Avenue and Laguna Drive. Posted 3:00 a.m. to 5:00 a.m. daily. Between Carlsbad Village Drive and Beech Street. Posted 3:00 a.m. to 5:00 am. daily. Park Drive: Cove Drive: Marina Drive: Bayshore Drive: Between Adams Street and Neblina Drive. Posted 8:00 am. to 12:00 noon, 2nd & 4th Tuesday each month. Between Park Drive and west end. Posted 8:00 am. to 12:00 noon, 2nd & 4th Tuesday each month. Between Park Drive and west end. Posted 8:00 a.m. to 12:00 noon, 2nd & 4*1 Tuesday each month. Park Drive to south end. Posted 8:00 am. to 12:00 noon. 2nd & 4* Tuesday each month. Harding Street: Carol Place: Pine Avenue: Between Magnolia Street and Carol Place. Posted 8:00 a.m. to 12:00 noon, 1** & 3rd Tuesday each month. Between Harding Street and Jefferson Street Posted 8:00 a.m. to 12:00 noon, 1** & 3rd Tuesday each month. Between Harding Street and Interstate 5. Posted 8:00 a.m. to 12:00 noon, 1st & 3rd Tuesday each month. Laguna Drive: Kremeyer Circle: Washington Street: Lincoln Street: Oak Avenue: Between Jefferson Street and 1-5. Posted 8:00 a.m. to 12:00 noon, 1** & 3rd Tuesday each month. Between Laguna Drive and end. Posted 8:00 a.m. to 12:00 noon, 1* & 3rd Tuesday each month. Between Carlsbad Village Drive and Oak Avenue. Posted 8:00 a.m. to 12:00 noon, 1M & 3rd Tuesday each month. Oak Avenue to Carlsbad Boulevard. Posted 8:00 a.m. to 12:00 noon, 1* & 3rd Tuesday each month. Between Washington Street and Lincoln Street. Posted 8:00 a.m. to 12:00 noon, 1* & 3rt Tuesday each month. Monroe Street Tyler Street: Davis Avenue: Davis Race: Knowtes Avenue: Between Chestnut Avenue and Basswood. Posted 4:00 a.m. to 6:00 am., 1** & 3rd Wednesday each month. Between Oak Avenue and Chestnut Avenue. Posted 5:00 a.m. and 7:00 a.m., 1** & 3rd Tuesday each month. Between Laguna Drive and Knowtes Avenue. Posted 8:00 a.m. to 12:00 noon, 1** & 3rd Wednesday each month. Between Davis Avenue and the end. Posted 8:00 a.m. to 12:00 noon, 1* and 3"* Wednesday each month. Between Jefferson Street and 1-5 Freeway. Posted 8:00 a.m. to 12:00 noon, 1* and 3rt Wednesday each month. 140 City of Carlsbad Parking Lots and Sweeping Frequencies Frequency per Location Aviara Park Beach Bluff Calavera Hills Trailhead Calavera Park City Hall Cole Library Dove Library Faraday Farmer's Building Fountain Garfield Harding Center Hidden Canyon Park Holiday Park Hosp Grove La Costa Canyon Park Learning Center (Girls Club) Magee Park Old Train Depot Parks Yard Pine Park Poinsettia Park Roosevelt - North Roosevelt - South Safety Center School Admin Senior Center Stagecoach Park State Street Streets Dept Swim Complex Vera Cruz Washington Street Water District Wickham Way Total | Est SQ FT 60,000 17,875 2,500 56,715 36,300 50,964 98,516 98,635 209,017 15,000 20,000 11,200 5,520 18,500 13,750 8,800 8,100 5,000 27,260 13,500 34,000 88,825 18,460 15,525 37,600 19,375 62,500 96,700 14,900 8,600 19,574 24,000 14,672 27,200 19,500 1,278,583 | month 2 2 2 2 2 2 2 2 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 2 SQ ft per month 120,000 35,750 5,000 113,430 72,600 101,928 197,032 197,270 209,017 30,000 40,000 22,400 1 1 ,040 37,000 27,500 17,600 16,200 10,000 54,520 27,000 68,000 177,650 36,920 31,050 75,200 38,750 125,000 193,400 29,800 17,200 39,148 48,000 29,344 27,200 39,000 | 2,320,949 HI SITE: El Camino Real "Appendix B" CITY OF CARLSBAD STREET SWEEPING SERVICES BID NO. 06-15 INSPECTION RATING FORM INSPECTOR: Dale A. Schuck 5/30/06 Possible Previous Rating This Category Description Points Period Period No observable trash or litter on street Dust control measures in effect Sweeping Speed per Specifications Sweeping Performed on Scheduled Day Sweeping Hours (Time of Day) per Specifications GPS System Operational Personnel in Proper Uniforms Vehicles Marked as Required Rating Totals Deduction Percent 25 10 10 10 15 10 10 10 100 22 10 9 10 15 10 10 5 91 23 10 9 10 15 10 10 5 92 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 3 0.03 $1,181.04 $35.43 $1,145.61 Deduction Amount Adjusted Monthly Payment $177.16 $1,003.88 CITY OF CARLSBAD STREET SWEEPING SERVICES CONTRACTOR EQUIPMENT AND PERFORMANCE BID NO. 06-15 INSPECTION RATING FORM SITE: GENERAL DUTIES INSPECTOR: Dale A. Schuck 5/30/06 Possible Previous Rating This Category Description Points Period Period Safety Knowledge of Contract Requirements Staffing Equipment & Vehicles Performance of Additional Work Observation and Reporting Emergency Response Response to Requests Office and Communications Invoicing Schedule and Reports Meeting Preparation and Attendance Administrative Support Supervision of Operations Rating Totals Deduction Percent 8 6 9 7 7 6 8 8 7 6 7 6 7 8 100 8 6 8 7 7 6 7 6 7 6 7 6 7 8 96 8 6 8 7 7 6 7 6 7 6 7 6 7 8 96 0 Deduction Percent Adjusted Payment Formula Monthly Payment Deduction Amount Adjusted Monthly Payment 0 0.00 $1,181.04 $0.00 $1,181.04 H3 "Appendix C" CITY OF CARLSBAD STREET SWEEPING SERVICES BID NO. 06-15 SERVICE FREQUENCIES AND HOURS OF OPERATION 21.00 FREQUENCIES. DAYS. AND HOURS OF OPERATION 21.01 All sweeping operations are to conform to Section 21.00. A sample schedule is attached titled "City of Carlsbad - Street Sweeping Schedule June 06". The CONTRACTOR may request a deviation from the suggested schedule with the exception of the specifically required sweeping schedules listed in this section and the attachments thereto which are incorporated into this Contract by reference. If the CONTRACTOR requests a deviation from any schedules, a written request must be submitted to the CONTRACT ADMINISTRATOR. An electronic schedule detailing all sweeping operations must also be submitted in the format of the current schedule or schedules. The CONTRACT ADMINISTRATOR will review the CONTRACTOR'S proposed operations schedule and shall return it to the CONTRACTOR within 15 Working Days, marked Accepted, Make Corrections Noted, Revise and Re-submit or Rejected. 21.02 Major Streets except for Medians, (See Section 21.03 For Median Frequencies: Unless specifically altered elsewhere in this section, the following areas are to be swept once per week from 7:00 am to 7:00 pm: • El Camino Real from Haymar Drive to the southern city limits • Palomar Airport Road from Carlsbad Boulevard to the eastern city limits • La Costa Avenue from InterstateS to Rancho Santa Fe Road • Paseo del Norte from Cannon Road to Palomar Airport Road • Tamarack Avenue from Carlsbad Boulevard to Carlsbad Village Drive • Marron Road from Highway 78 to El Camino Real • 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. • Seawall 21.03 Village Area: Unless specifically altered elsewhere in this section, the following areas are to be swept three times per week from 3:00 am to 5:00 AM (Posted) in the areas shown on the attached map tiled "Downtown Village Sweeping Areas": • Downtown Village Area See Attachment 21.04 Medians: Unless specifically altered elsewhere in this section, the following areas are to be swept once per month from 7:00 am to 7:00 pm: • All open striped center medians (in their entirety) • All raised curb medians 21.05 Residential and Commercial Streets: Unless specifically altered elsewhere in this section, the following areas are to be swept twice per month from 7:00 am to 7:00 pm: • All residential and commercial streets (Public) • All alleys • Coastal Rail Trail • See Attachment 21.06 Streets Currently Posted "NO PARKING": Unless specifically altered elsewhere in this section, the he following areas are to be swept according to the above listed maintenance frequencies during the hours listed on the attachment titled "Current Posted "No Parking" Areas. 21.07 Parking Lots in Commercial and Industrial Areas: Unless specifically altered elsewhere in this section, the he following areas are to be swept according to the maintenance frequencies listed in the attachment titled "City of Carlsbad Parking Lots and Sweeping Frequencies" during off-peak parking hours (Prior to 7:00 am). 21.08 Parking Lots in Residential Areas: Unless specifically altered elsewhere in this section, the he following areas are to be swept according to the maintenance frequencies listed in the attachment titled "City of Carlsbad Parking Lots and Sweeping Frequencies" between the hours of 7:00 am and 7:00 pm: • Calavera Hills Trailhead • Hidden Canyon Park • La Costa Canyon Park • Wickham Way IMS City of Carlsbad Street Sweeping Services Bid 06-15 Faithful Performance Bond l% BOND NO. 41075861 PREMIUM $3,920.00 **PREMIUM IS BASED ON FINAL CONTRACT PRICE AND IS SUBJECT TO AUDIT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Cannon Pacific Services. Inc. ("Contractor") and ^JiSTTE_MVM_INSjrXBAffljE_CQMEANI ("Surety") are held and firmly bound unto the CITY OF CARLSBAD, as Obligee, hereinafter called Owner, in the sum of Two Hundred Sixty-one Thousand Three Hundred Thirty-three dollars ($261.333). 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. 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, BID NUMBER 06-15 CITY OF CARLSBAD STREET 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. 5/5/99 (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 __4TH_ Executed by SURETY this 4TH day of.AUGUST , 20.06 .,20.06 CONTRACTOR: CANNON PACIFIC SERVICES, INC. By: le of Contractor) ~C3 (sign here) (print name here) (Title and Orgarjjf ation of Signatory) By: (print name here) (Title and Organization of Signatory) SURETY: PLATTE RIVER INSURANCE COMPANY (name of Surety) 350 SANSOME PL. #1000 SAN FRANCISCO, CA 92104 (address of Surety) 415-321-7300 mber of Surety) (signature of Attorney-in-Fact) CYNDI BEILMAN, ATTORNEY IN FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing 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 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY 41075861 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its MW.^ XtfffiSSflf, KEVIN J. PHILLIPS, JOHN G. SLATER - COLBY J. CRAIG, CRAIG JORGENSEN, SYLVIA CANEVA, JEFFREY R. DAVIS, CYNTHIA J. BEILMAN JOHN VAN BOKKELEN, JEFF AASE, KENNETH J. GOODWIN, JANELLE L MILLER- its true and lawfiil Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT: $2,500,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Executive Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the Corporation; the signature of such officers and seal of the Corporation may be affixed to such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of February, 2005. Attest: James J. Mclntyre Executive Vice President STATE OF WISCONSIN COUNTY OF DANE S.S.: PLATTE RIVER INSURANCE COMPANY David F. Pauly President and CEO On the 1st day of February, 2005 before me personally came David F. Pauly, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President and CEO of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN COUNTY OF DANE S.S.:CERTIFICATE Kathleen A. Paulson Notary Public, Dane Co., WI My Commission Expires 10-15-2006 I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Madison, State of Wisconsin this .4TH day of AUGUST .2 006 Alan A. Ogilivie Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. 141 PRS-POA (2-05) State of California County of San Diego On 8/4/2006 before me, Rachel G. Holbrook, Notary Public personally appeared Cyndi Beilmani personally known to me -OR- 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 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. (Seal)(Signature of Notary) RACHEL G. HOLBROOK „ COMM. #1499414 o NOTARY PUBLIC-CALIFORNIA « SAN DiEGO COUNTY ilMy Commission Expires - AUGUST 4, 2008 J50 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V \fltfl DL^) 0 On PlU/jUAr^ 2(J(I^> before me, personally appeared I l^dHMn ss. CRYSTAL R TITGEN, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) CRYSTAL ». OT6CM| Commtak>n<M6l77»S I Notary PubSc-CoHorto | Son Diego County f MyComm.E«pfca«Nov1.200»f Place Notary Seal Above personally known to me D 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 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. ESS my hand and official seal.-° OPTIONA 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. Document Date:4,2001*. Number of Pages: Signer(s) Other Than Named Above:, A/y6f Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual n Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On flMlAJ personally /C>T "-p i l/'vU ' Date 1 ' appeared Lu . before me. ,?TfVW 5, ! CRYSTAL R TITGEN, NOTARY PUBLIC . Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(a/of Signer(s) ComtrtMton*1*"™* NoKxv PUMc D personally known to me ;.proved to me on the basis of satisfactory evidence 'to oe the person(s) whose name(s^Ts)jare subscribed tpjhe within instrument and acknowledged-tq me that ^he/she/they executed the same in £hi|/her/their authorized capacity(ies), and that byT^her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WI/fiJESS my hand and official seal. OPTIONAL 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 Title or Type of Document: um Document Date:. Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here Signer's Name: D Individual n Corporate Officer — Title(s): D Partner — C Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Company Profile PLATTE RIVER INSURANCE COMPANY 1600 ASPEN COMMONS MIDDLETON, WI 53562 800-624-7040 Former Names for Company Platte River Insurance Company (a member of Allegheny Insurance Holdings) (view securities for related issuers) ft *rh|*''*HB|*<l<*h II A.M.Best*: 12488 NAICff: 18619 FEIN #: 560997453 f| ^tBCST^ 1 Stock Ticker: New York Stock Exchange NYSEY B TttS^^^T 1in ""1BMP1 iAssigned to companies Address: Phone: 608-829-4200 that have, in our opinion, an excellent ability to meet P.O. Box 5900 Fax: 608-829-7414 their ongoing obligations to policyholders. Madison, WI 53705-0900 Web: www.capitolindemnitv.com Best's Ratings Financial Strength Ratings view Definitions Issuer Credit Ratings view Definitions Rating: A (Excellent) Long-Term: a Affiliation Code: p (Pooled) Outlook: Stable Financial Size Category: VIII ($100 million to $250 Action: Affirmed million) Date: February 28, 2006 Outlook: Stable Action: Affirmed Effective Date: February 28, 2006 * Denotes Under Review Best's Ratings 153 From: Dale Schuck To: Lisa Hildabrand Date: 08/15/2006 2:48:03 PM Subject: Street Sweeping Questions All Receive -Agenda Item # For Information of THE CITY COUNCIL CM *•*-. CA Date From CM Asst. CM I sent this out earlier but noticed it had not been opened. I retracted the original and added information from Poway. Lisa, Glenn requested that I provide you with some information on the Street Sweeping contract ASAP. I've answered the questions as I understand them to the best of my ability. Per your request I made inquiries of all the companies that were sent bid packages for street sweeping regarding why they chose not to bid on Carlsbad's agreement. Various reasons were given by the four companies I could reach. Be advised that we sent proposals to contractors throughout the San Diego, Orange County, and L. A. metropolitan areas. We procured most of the out of town addresses from the Blue Book of Building Construction, a construction and contract services directory. Other companies were selected from the Pacific Bell Yellow Pages. Bill's Sweeping Services from Orange stated that they do not own sufficient equipment that is of recent manufacture as the contract requires and therefore could not meet the contract's requirement for equipment to be newer and in our opinion, more reliable. California Power Sweeping from Vista stated that they do not perform municipal contracting and center their operations on private development. Gary's Construction from Bonsall stated that they did not own enough equipment and would have to make large capital purchases to take on our contract. They were looking into making the investment to bid the agreement but they also stated that one of their employees went on vacation with the bid package and they were unable to put a bid together in time to meet the opening date. Coffelt Sweeping Services from La Habra stated that they are a Los Angeles based company and felt that Carlsbad was too far removed geographically from their base of operations. The other companies were not reachable today and had answering machines. Due to the contemporaneous nature of your information request, I did not leave messages. I'd also like to advise you that to the best of my knowledge, Cannon Pacific Services and Cleanstreets perform several municipal contracts in the San Diego area. I don't know of any other companies that provide municipal services, but I attempted to contact others in order that they had the opportunity to consider performing services for the City. I also contacted the City of Chula Vista and the City of Poway today to inquire as to their current curb mile contract cost and quantity. The City of Chula Vista currently sweeps approximately half the curb miles that Carlsbad sweeps per month. Their current cost per mile is nearly $14 dollars. This is approximately $2 more per mile than Carlsbad. The City of Poway has a structured contract that has different cost for prime arterials versus residential streets. Poway's curb mile cost is $15 per curb mile for arterials and $15.23 for residential streets. Poway sweeps approximately 500 curb miles (arterials) and a little less than 400 curb miles (residential) per month. Cannon Pacific Services is the provider in Chula Vista and Cleanstreets is the provider in Poway. Please be advised that these are the two companies that submitted bids for our contract. In regards to questions about our contract being more onerous that other contracts, I don't believe that is really the case. Our equipment specifications and quality standards are almost identical to other agencies. Ours are a bit more detailed but they are not any more stringent. The one exception is that we have an inspection protocol that we have utilized for many of our service agreements. This is in order to reasons. Please let me know if you have any additional questions. (Cell Phone 802-5788) Thanks, Dale CC:Glenn Pruim; Greg Clavier; Ray Patchett AUG 1 5 2005 CITY OF CARLSBAD CITY CLERK'S OFFICE Lo/5^To: T-S4I p STREET SWEEPING SURVEY Cost per Curb Mile filix c Saksrsfleld Brentwood Burlingame Campbeii Chico Concord Corona Dublin El Cerrito Emeryville Enonitas Fairfieto Fountain Valley Hanford Huntington Beach Kingsburg La Canada Fiintridge Manhattan Seaeh Monteiair Orange Pa(m Desert Palmdaie Pitts burg Pleasanton Redwood City San Brync San Jose Sante Rosa Sevastopol Sunnyvale Thousand Oaks VIctOfViMft Viste Average !<?ntractor > S 18,35 520.22 §21.91 $25,50 $18,46 $14.15 $12,00 $1508 $16.42 $19.14 $32.50 $19-12 $12,62 $18,88 Inside $24.88 $9.62 $12.90 $17.74 $13.06 $4172 $11.45 $16.58 $20.00 $14.30 $18.46 '50-50 $21.38 $14,91 $21.81 115,00 $24,53 $19.00 $20.00 $23.49 S30.36 $14.86 $19.29 City of Carlsbad Street Sweeping Services Bid 06-15 Insurance Documents Please Discard Prior to Routing to Council Meeting Jun 16 06 04:17p Feb21 3501:34a Cannon Pacific 1-760-602-0522 P-4 CERTIFICATE OF INSURANCE Th'S certifies that El STATE FARM FIRE AND CASUALTY COMPANY, Bloomlngton, Illinois El STATE FARM GENERAL INSURANCE COMPANY, Bloominglon. ll'inois O STATE FARM FIRE AND CASUALTY COMPANY. Scarborough. Ontario D STATE FARM FLORIDA INSURANCE COMPANY. Winter Haven, Florida D STATE FARM LLOYDS. Dallas, Texas insures the following policyholderfor the coverages indicated below: Name ol policyholder CANNON PACIFIC SERVICES INC. a SPS EQUI?TMEWT INC Address of poficyriolder Location of operations Description o' operations 12770 HIGH BLUFF DR STE 230 SAN DIEGO, CA 92130-2060 ALL LOCATIONS ALL OPERATIONS Trie policies listed below have been issued to trie poJSeyhalder for the policy periods shown. The insurance described h these poiicie ; is subject 10 all «he terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid clam s POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Data LIMITS OF LIABILITY (at beginning of policy period) GENERAL: 92-D7-4663-3 C This insurance includes: Comprehensive Business Liability 06/01/06 06/01/07 Products - Completed Operations (S Contractual LlabiEty O Underground Hazard Coverage D Personal Injury O Advertising Injury Q Explosion Hazard Coverage Q Collapse Hazard Coverage BNON OWNED AND HIRED AUTO COVERAGE D Each Occurrence General Aggregate BODILY INJURY AP PROPERTY DAMAfE $1,000,000 $2. 000,OOC Products - Completed $2,000,000 Operations Aggregate FIRE 4 CASUAirY: I 2-Wo-1167-1 EXCESS LIABILITY IS Umbrella Dottier POLICY PERIOD Effective Date , Expiration Date 09/03/2005 :9/03/2006 BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ 4,000,000 Aggregate $ 4, 000,000 Workers' Compensation and Employers Liability Part 1 STATUTORY Par12BODfLYfNJURY Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS OF LIABILITY (at beginning of policy period) P72 3S93-C03-75 AUTO LIABILITY 03/03/06 03/03/07 50C /SCO /10D THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. ADDITIONAI INSURED: art OF CARLSBAD If any oi the described policies are canceled bbfore rts expiration date, State Farm Mill try to mail notice to the certificate holder 30 daysName and Address or Certificate Holder CITY OF CAR1SBAB 1633 PARAOAY CARLSBAD, CA 920C8 b sfore cancellation. If however, we fail to mail such n rtice, no obligation or liability will be Imposed on Farm or its agents or representatives. iale <^&?f Author! zecTRepreseSignature ol Authorized Repr AGENT entative 06/li /06 TRte lara Agents Cod» Stamp /iFOCode 1150 a--as< ai Primed m U.S.A ,_ FISC IS STATE FARM INSUrV ICE CO. LIC #044165! 17(337 CHATSWOflTH IT. #TOO GRANADA HILLS, Ct 91344 J818J 360-901 ) FAX* 018) 360-f544 i Ii Jun 16 06 04:18p Cannon Pacific 1-760-602-0522 p.5 Feb 20 35 n:27p p.] DL Polky No. 92-D7-4669-1 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy NO.: 92-D7-4569-1 Named Insured: CANNON PACIFIC SERVICES INC Additional lnsur»d {include address): CITY OF CARLSBAD 1633 FARA3AY CARLSBAD CA 92006 rE-»809 ; WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended 1o irslude as an insured the Additional Insured shown above, but only to the extent that liability is imposed on mat Additional Insured solely because of your work performed for that Additional Insured shown above. } Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for • damages for which you are provided coverage. ] The Primary Insurance coverage below applies only when there Is an 'X" to the box. j D Primary Insurance. Trie insurance provided to the Additional Insured shown above shall be primary tisurance. Any insurance carried by the Additional Insured shall be rtoncontributory with respect to coverage provided to you. All other policy provisions apply. I FE-6W8 PwlednUSA. ! MIKE FISCUS 17037 Chatsworth Street, Suite 100 Granada Hills, CA 91344 AGENT City of Carlsbad Attention: Dale Schuck 405OakAve. Carlsbad, CA 92008 Regarding: Certificates for Cannon Pacific Dear Mr. Schuck: I am enclosing the certificates for the above named insured. This letter is to mitigate your concerns over the liability certificate issued by State Farm General Insurance Company. This policy is intended to cover the business office operation from the insured place of business, which is in the City of Encinitas. Although it is with our State Farm General Company which does not meet your requirements, that company is reinsured by our State Farm Mutual Insurance Company which has an A++ 15 rating. All other entities accept these certificates because of this arrangement and the financial strength they represent. Per my conversation with your prior counsel, Suzan Parsons, she agreed with the position of the Company that the exposure to the City of Carlsbad is with his sweepers that travel into your City and those vehicles are covered by that same State Farm Mutual Insurance Company. That policy covers any and all damages done by his sweepers, and other owned vehicles, to life and property, both in your City and anywhere else they travel. Since that is your concern as a City, I respectfully request that you accept these certificates and release all funds due our insured. With Kindest Regards: cc. Cannon Pacific Services 818.360.9010 CERTHOLDER COPY COMPENSATION INSURANCE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-01-2006 GROUP: 000496 POLICY NUMBER: 0002943-2005-2 CERTIFICATE ID: 57 CERTIFICATE EXPIRES: 04-01-2007 04-01-2006/04-01-2007 CITY OF CARLSBAD 405 OAK AVE CARLSBAD CA 92008-3009 SD This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. <H~^ JTHORIZED REPRESENTATIVEO PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2006-04-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD !• ENDORSEMENT #1600 - GEORGE R SHAFER PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - STEVE KING VP - EXCLUDED. .ENDORSEMENT #1600 - JONATHAN LAMPITT CEO - EXCLUDED. ENDORSEMENT #1901 - JONATHAN LAMPITT - EXCLUDED. • ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CANNON PACIFIC SERVICES, INC AND/OR CPS EQUIPMENT LEASING, LLC DBA: CANNON PACIFIC SERVICES, INC 12770 HIGH BLUFF DR STE 230 SAN DIEGO CA 92130 SD (REV.2-05) [ABS.CS] PRINTED : 08-01-2006 Jun 16 06 04:17p Cannon Pacific 1-760-602-0522 ADDITIONAL INSURED EMPLOYER COMPENSATION f INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT EFFECTIVE APRIL 17, 2006 AT 12.01 A.M. p.3 REP 10 i 496-05-2 OOJ2943 RENEWAL SD PAGE 1 OF CANNON PACIFIC SERVICES, INC 12770 HIGH BLUFF DR STE 230 SAN DIEGO, CA 92130 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT CITY OF CARLSBAD IS HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF CANNON PACIFIC SERVICES, INC (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIKARY INSURED. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:APRIL 19, 2006 oois Company Profile STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ONE STATE FARM PLAZA BLOOMINGTON, IL 61710-0001 Agent for Service of Process DANA SILVER, 3345 MICHELSON DRIVE 4TH FLOOR IRVINE, CA 92612 Unable to Locate the Agent for Service of Process? Company Profile STATE FARM GENERAL INSURANCE COMPANY ONE STATE FARM PLAZA BLOOMINGTON, IL 61710-0001 Agent for Service of Process DANA SILVER, 3345 MICHELSON DRIVE 4TH FLOOR IRVINE, CA 92612 Unable to Locate the Agent for Service of Process? Company Profile STATE FARM FIRE AND CASUALTY COMPANY ONE STATE FARM PLAZA BLOOMINGTON, IL 61701-0001 Former Names for Company Old Name: STATE FARM F INS CO Effective Date: 08-11-1950 Agent for Service of Process DANA SILVER, 3345 MICHELSON DRIVE 4TH FLOOR IRVINE, CA 92612 Unable to Locate the Agent for Service of Process? State Farm General Insurance Company (a member of State Farm Group) A.M.Best #: 02478 NAIC#:25151 FEIN #: 370815476 Address: One State Farm Plaza Bloomington, IL 61710 Phone: 309-766-2311 Fax: 309-766-4655 Web: www.statefarm.com Financial aa^ngth tl^eer B-** Vtrg feooa Assigned to companies that have, in our opinion, a good ability to meet their ongoing obligations to policyholders. Best's Ratings Financial Strength Ratings view Definitions Rating: B++ (Very Good) Financial Size Category: XIV ($1.5 billion to $2 billion) Outlook: Stable Action: Affirmed Effective Date: June 15, 2006 * Denotes Under Review Best's Ratings State Farm Mutual Automobile Ins Co (a member of Stale Farm Group) A.M.Best #: 02479 NAIC#:25178 FEIN #: 370533100 !§Print this page Address: One State Farm Plaza Bloomington, IL61710 Phone: 309-766-2311 Fax: 309-766-4655 Web: www.statefarm.com Assigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Best's Ratings Financial Strength Ratings View Definitions Rating: A++ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Date: June 15, 2006 * Denotes Under Review Best's Ratings State Farm Fire and Casualty Company (a member of Slate Farm Group) A.M.Best #: 02477 NAIC#:25143 FEIN #: 370533080 Address: One State Farm Plaza Bloomington, IL 61710 Phone: 309-766-2311 Fax: 309-766-4655 Web: www.statefarm.com Finand Strength A* *Hinnnr Assigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Best's Ratings Financial Strength Ratings View Definitions Rating: A+ (Superior) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Date: June 15, 2006 * Denotes Under Review Best's Ratings