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HomeMy WebLinkAbout1992-10-20; City Council; 11926; AWARD CONTRACT FOR STREET SWEEPING SERVICES CONTRACT NO. U/M 92-7t U r 0 CI N" 0 rl rd 01 0 a 0 L4 a z E a a m rd P U 0 ;I LI G V L4 u G 0 rd bo -4 a 2 9 W m bo TI G- 4 OQ a* mu Id a0 -4s a -4 P Urn a4 a- urn *+I 40 4 A 0 za c -4 G u *4 3 rlh cu 0 x9 C"(lr OF CARLSBAD - AGENe BILL f AWARD CONTRACT FOR DEPT. H CITY AT CITY M( AB# 'I! c32-b TITLE; MTG.-/O-&? -9% DEPT. RECOMMENDED ACTION: STFEET SWEEPING SERVICES U&M CONTRACT NO. U/M 92-7 Adopt Resolution No. q 2 - .?// accepting bids and awarding a contract with an annual amount of $135,600 to California Street Maintenance of Gardena, California, for street sweeping services in accordance with Contract No. U/M 92-7. ITEM EXPLANATION: On August 13, 1992, six (6) bids for proposed street sweeping service for the City of Carlsbad were opened. Each company submitted two proposals. Proposal 1 was based on the current level of service we are receiving under our current contract. Proposal 2 was based on a reduced level of service. Proposal #1 + + + + + + + All residential and commercial areas to be swept two (2) times per month. Entire downtown area to be swept three (3) times per week. All alleys to be swept two (2) times per month. All open striped and raised curb medians to be swept one (1) time per month. All bike lanes on Carlsbad Boulevard to be swept one (1) the per week with a broom-type sweeper unless otherwise approved. All posted streets to be swept during the indicated time periods. Estimated curb miles per month is 11 50. Proposal #2 + All residential and commercial areas to be swept one (1) time pe 06 (ocd 28 a, a0 $3 rd0 rln wv WG -4 .. z 0 a z 3 0 0 *r4 u. cFr( 3 5 $ uod' N rn \ 0 N \ 0 4 month. Entire downtown are to be swept two (2) times per week. All alleys to be swept one (1) time per month. All open striped and raised curb medians to be swept one (1) tim per month. All bike lanes on Carlsbad Boulevard to be swept one (1) time pe week with a broom-type sweeper unless otherwise approved. All posted streets to be swept during the indicated time periods Estimated curb miles per month is 575. + + + + + + r _- a a PAGE 2 OF AB# Jl, $$-b .. Bids were accepted for the two proposals from each bidding firm. The results are as follows: Annual Amount of Annual Amount of Universal Sweeping $227,700 $113,850 Waste Mgmt of North County 195,822 97,911 BFI 183,360 111,450 Cannon Pacific Services 177,330 89,355 R. F. Dickson Company 158,562 86,181 California Street Maintenance 135,600 90,000 COMPANY NAME PROP 0 SAL "A" PROPOSAL "B" Current charges for street sweeping services are about $27,000 more annually than thc bid submitted by California Street Maintenance for Proposal 1. Therefore, it is staff: recommendation that, in order to preserve the current level of service and save money this contract be awarded to California Street Maintenance of Gardena, California, in tht amount of $135,600. FISCAL IMPACT: This contract is budgeted in the Gas Tax fund, thus award will not impact the Genera Fund. Recommended action will result in an annual savings of $27,000 in relation tc the current year contract. EXHIBITS: 1. Resolution No. 92 -J// . *. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3.7 18 19 a 0 RESOLUTION NO. 92-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR =ET SWEEPING SERVICES, CONTRACT NO. U/M 92-7 WHEREAS, bids have been received by the City of Carlsbad, Califorr street sweeping services in accordance with Contract No. U/M 92-7; and WHEREAS, the lowest responsive bid received for these service submitted by R. F. Dickson Company, with an annual amount of $86,181; and WHEREAS, funds are available in account number 152-820-51 10-211 these services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows: 1. 2. The above recitations are true and correct. The bid of $86,181 by R. F. Dickson Company for street SM services, Contract No. U/M 92-7, is hereby accepted and the and the City Clerk are hereby authorized to execute an agr I 20 21 22 23 24 25 26 27 28 therefore. /// /// /// /// /// /// s .L ** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 e e PASSED, APPROVED AND ADOPTED by the City Council of the ( Carlsbad, California, at its regular meeting held on the 20th day of OCTOBER 1992, following vote, to wit: AYES: NOES: Council Members Kulchin, Larson ABSENT: None Council Members Lewis, Stanton, Nygaard ATTEST: d &k ALETHA L. RAUTENKRANZ, city clerk (SEAL) s Vd November 17, 1992 Mr. Steven L. Dickson President R. F. Dickson Company, Inc. 12524 Clark Avenue Downey, CA 90242 RE: Agreement for Street Sweeping Services The Carlsbad City Council, at its meeting of October 20, 1992, adopted Resolution No. 92-311, approving an Agreement with R. F. Dickson Company, Inc. for street sweeping services. Enclosed is an original agreement and a copy of Resolution No. 92-311 for your files. dqcNc Assistant Cit Clerk KRK: ijp Enclosures I, I 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 0 0 AGREEMENT THIS AGREEMENT, made and entered into this 17th day of JOV- 1992 by and between the City of Carlsbad, California, a Municipal Corporation hereinafte designated as "CITY' and R F. Dickson Co., hereinafter referred to as "CONTRACTOR." REmm City requires the services of the Contractor to provide street sweeping service The Contractor has submitted to the City a proposal to sweep the streets within th The Contractor possesses the necessary requirements to provide the services require within the City. City. by the City. NOW, THEREFORE, in consideration of these recitals and the mutual covenan herein, City and Contractor agree as follows: 1. TERMOFAGREEMENT This agreement shall extend for a period of one (1) year. By mutual assent, the partic may extend this agreement for three (3) additional one (1) year periods for a tot period of four (4) years upon satisfactory performance, and the consideration shall 1 determined by the methods described in paragraph 12. 2. COMPENSATTON For all of the services which Contractor is obligated to perform under the terms Proposal #2 of this agreement, the City shall pay to Contractor the sum of $7.181.7 payable monthly on the basis of one-twelfth of the annual lump sum. Strer constructed after the effective date of this agreement will be added at the rate $12.49 per curb mile (as measured in each direction of sweeping along the curb, ben or shoulder.) Additional special work of extraordinary nature including but not limit! to disaster, spillage and parades will be charged at the rate of $70.00 per hour whi requested by the Utilities and Maintenance Director or his designee. 3. AGREEMENTDOCUMENTS All the documents and specifications contained or referenced herein constitute t complete agreement between the parties. B:WLH92002.ST 1 REV. 11/e 0 0 4. DUTY OF CONTRAnOR During the term of this agreement, Contractor shall sweep public streets in the City in accordance with the approved schedule. Where inclement weather, as determined by the Utilities and Maintenance Director, prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within the following one week period from the date of the scheduled sweeping without interruption of the regular sweeping schedule. The Contractor shall perform all extra work required by such inclement weather withour additional charge. When a holiday occurs on a regularly scheduled sweeping day, said sweeping area shall be swept within two days from the regularly scheduled sweeping day withoui intenuption in the regular sweeping schedule. Holidays shall be designated by the Contractor, and approved by the Utilities and Maintenance Director. In the event the Contractor is prevented from completing the sweeping as provided i the schedule because of reasons other than inclement weather, he shall be required tc complete the sweeping services so deferred prior to the regularly scheduled date, o give the City credit for the work not so performed at the rate per curb mile speciiiec in paragraph 2. The Contractor may be required to submit reports as requested by th( Utilities and Maintenance Director concerning sweeping schedules and other relatec matters. This may include a list of all streets being swept with an accurate bred down of the number of miles per street. 5. EOUIPMENTANDLABOR Contractor shall use and furnish at his own expense, all labor, equipment and material necessary for the satisfactory performance of the work set forth in this agreemen Contractor shall use standard heavy street sweeping equipment as is necessary to clea the streets of the City of paDer. dirt, rocks, and debris. The machinery and equipmer used by the Contractor in the furtherance of this agreement shall be modem, clean an maintained in proper working condition at all times consistent with the currei standards of the industry and subject to the approval of the Utilities and Mahtenanc Director. The Contractor shall supply the City with an up-to-date list of the equipment beir used for the sweeping operation, including make, model, year and any other pertinei information. Nothing herein shall preclude the Contractor from substituting 0th equal equipment due to maintenance or other factors upon prior notice to the Cit All equipment shall be available for inspection by the City upon 24 hour notificatic to the Contractor. Equipment used by the Contractor for work to be done under th agreement shall not exceed four years in age, unless certification is presented 1 B:WLH92002.ST 2 REV. 11/61 q 0 e Contractor and approved by the Utilities and Maintenance Director that equipment ha: been completely overhauled and/or rebuilt. The Utilities and Maintenance Director or his designee may specify the use of eithei broom-type or vacuum-type sweeping equipment for the sweeping of all or an! designated part of the Carlsbad street system. The following streets and intersections will be swept with a broom-type sweeper: 4 EL CAMIN0 REAL - from Highway 78 to the south city limits + LA COSTA AVENUE - from 1-5 to El Camho Real and 4 PALOMAR AIRPORT ROAD & PASEO DEL NORTE - the intersection and median 4 CARLSBAD BOULEVARD - from Tamarack Avenue to Cannon Road 6. SCHEDULE The sweeping schedule which the Contractor shall propose and follow shall be i conformance with the frequency as outlined in proposals #1 and #2 and shall b approved by the Utilities and Maintenance Director. The hours during which th sweeping shall be performed shall be at the discretion of the Contractor with th approval of the Utilities and Maintenance Director. The Contractor may be require to do early morning sweeping on certain major streets. The Contractor shall b responsible to notify residents of the sweeping schedule and any changes in th schedule, including holidays. FREQUENCY 4 4 4 4 4 + 4 All residential and commercial areas to be swept one (1) time per month< Entire downtown are to be swept two (2) times per week. All alleys to be swept one (1) time per month. All open striped and raised curb medians to be swept one (1) time pf month. AU bike lanes on Carlsbad Boulevard to be swept one (1) time per week wii a broom-type sweeper unless otherwise approved. All posted streets to be swept during the indicated time periods. Estimated curb miles per month is 575. B:WLH92002.ST 3 REV. 11/6 e e 1 7. DISPOSAL OF SWEEPING Contractor shall dispose of all refuse collected by hauling the same to legall; established disposal areas. Transfer points for storage of sweepings must be approve( by the Utilities and Maintenance Director and shall in no case be stored in the City il excess of 24 hours. 8. WATER The Contractor shall make all necessary arrangements through the proper wate district to obtain and pay for water necessary for the operation. 9. ADDITIONALWORK In the event the City desires to extend the sweeping program to include streei constructed after the effective date of this agreement, other streets or alleys, or parkin lots, any additional sweeping which is required of Contractor shall be paid for at th curb mile rate, as specified in Paragraph 2. Any special sweeping required by th Utilities and Maintenance Director or his designee shall be paid for by the hourly ral specified in paragraph 2. 10. SIGNS The Contractor shall place signs approved by the Utilities and Maintenance Direct( on the street sweeping equipment used in the performance on the work, which sigr shall be visible from both sides of the vehicles and shall read "Under Contract to tl City of Carlsbad." 11. FAITHFULPERFORMANCE The standards of performance which the Contractor is obligated to perform hereundi are the standards which are considered to be good street sweeping practices and slx be subject to the approval of the Utilities and Maintenance Director. The Contractor shall maintain in full force and effect during the term of th Agreement, a Bond for Faithful Performance from a corporate security satisfactory the City. Said corporate security shall be duly authorized to do business in the Sta of California. Said Performance Bond shall be equal to one hundred percent (1009 of the estimated amount of the Contract. . B:WLH92002.ST 4 REV. 11/6/ * a 0 12. FUTURE ADJUSI"TS TO CONTRACX PRICES AND WORK OUANTITY Prior to September 1 of each year, City shall give Contractor a tentative list of addii to facilities to be maintained under this agreement and any proposed increase decreases in the quantity of work to be performed. Based on list, Contractor shall su to City within thirty (30) days after receipt of list a proposed, revised schedule. Re7 contract price shall be set by mutual agreement of the parties by October 1. If parties agree upon revised schedule and revised price, they shall become an addendu this agreement and shall take effect November 1. 13. CANCELL.ATION CLAUSE If Contractor refuses or fails to prosecute the agreement or any separable part therec with such diligence as will ensure its completion with the time specified by the Ci1 of any extension thereof, or fails to complete such work within such time, or Contractor should be adjudged bankrupt, make a general assignment for the benef of creditors, or if a receiver should be appointed on account of Contractois insolvenq or if Contractor or any subcontractors violate any of the provisions of this agreemen or if Contractor fails to make prompt payment for materials or labor or if Contract( persistently disregards laws, ordinances, or instructions of City, City may serve writte notice upon the Contractor and Contractofs surety of its intention to declare th agreement in default, said notice to contain the reasons for such intention to decla a default, and unless within ten (10) days after the service of such notice, su( violations shall cease and satisfactory arrangements for the corrections thereof € 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 a~ Contractor. The surety shall have the right to (1) take over and perform th agreement or (2) deposit with City the amount herein below described. If the surety does not within fifteen (15) days after the serving upon it of a Notice Default, give City written notice of its intention to take over and perform th agreement or does not commence performance thereof within thirty (30) days fro the date of City's notice, City may take over the work and prosecute the same to tl extent of completion it deems necessary by contract or by any other method it mi deem advisable for the account and at the expense of Contractor, and the surety shi be liable to the City'for any cost QT other damage and in such event City may, with0 liability for doing so, take possession of and utilize in completing such work, SUI equipment, and other property belonging to Contractor that may be on the site of tl B:WLH92002.ST 5 REV. 11/6 0 a work and be necessary thereof. Should surety fail to take over and diligently perforn the agreement upon contractor's default, surety agrees to promptly on demand, deposi with City such amount as City may reasonably estimate as the cost of completing a] Contractor's obligations. For any such work that City elects to complete by furnishin; its own employees, materials, tools and equipment, City shall receive reasonabll compensation thereof including costs of supervision and overhead. 14. HOLD HARMLESS AND INDEMNIFY The City, its agents, officers and employees shall not be liable for any claims, liabilitie: penalties, fines or any damage to goods, properties or effects of any person whatevei nor for personal injuries or death caused by, or resulting from, or claimed to have bee caused by, or resulting from, any act or omission of Contractor or Contractor's agent: employees or representatives. Contractor agrees to defend, indemnify, and save fre and harmless the City and its authorized agents, officers, and employees against an of the foregoing liabilities or claims of any kind and any cost and expense that i incurred by the City on account of any of the foregoing liabilities, including liabilitie or claims by reason of alleged defects in any plans and specifications, unless th liability or claim is due, or arises out of, solely to the City's negligence. 15. STATUS OF THE CONTRACXOR The Contractor shall perform the services provided for herein in Contractor's own wa as an independent contractor and in pursuit of Contractor's independent calling, an not as an employee of the City. Contractor shall be under control of the City only i to the result to be accomplished but shall consult with the City as provided for in th agreement. The Contractor is an independent contractor of the City. The payment made t Contractor pursuant to this contractor shall be the full and complete compensation t which Contractor is entitled pursuant to this contract. The City shall not make an federal or state tax withholdings on behalf of the Contractor. The City shall not E: required to pay any workers' compensation insurance on behalf of the Contractor. TI- Contractor agrees to indemnify the City for any tax, retirement contribution, socii security, payment of wages or workers' compensation payment which the City may k required to make on behalf of Contractor or any employee of Contractor for woi done under this agreement. B:VILH92002.ST 6 REV. 11/6/ 0 Q The Contractor shall be aware of the requirements of the Immigration Reform an( Control Act of 1986 (8 U.S.C. Sec. 1101 - 1525) and shall comply with thosc requirements, including, but not limited to, verifying the eligibility for employment c all agents, employees, subcontractors, and consultants that are included in thi agreement. 16. SUBC0"RACX"G AND ASSIG"T The Contractor shall neither subcontract nor assign any obligation or interest in thi agreement without the prior written approval of the City. 17. PROHIBRED INTEREST No official of the City who is authorized in such capacity on behalf of the City t negotiate, make, accept, or approve, or take part in negotiating, making, accepting, c approving of any architectural, engineering inspection, construction or material suppl contractor, or any subcontractor in connection with the construction of the projec shall become directly or indirectly interested personally in this contract or in any pa thereof. No officer, employee, architect, attorney, engineer or inspector of or for t) City who is authorized in such capacity and on behalf of the City to exercise an executive, supervisory, or other similar functions in connection with the performam of this contract shall become directly or indirectly interested personally in this contra( or any part thereof. 18. VERBAL AGREEMENT OR CONVERSATEON No verbal agreement or conversation with any office, agent, or employee of the Cit either before, during, or after the execution of this contract, shall affect or modify a of the terms or obligations herein contained nor such verbal agreement or conversatic entitle the Contractor to any additional payment whatsoever under the terms of th contract. 19. LLABILsly INSURANCE AND WORKERS COMPENSATION Contractor shall procure and maintain for the duration of the contract insuran against claims for injuries to persons or damage to property which may arise from in connection with the performance of the work hereunder by the Contractor, 1 agents, representatives, employees or subcontractors. Said insurance shall meet tl City's policy for insurance as stated in Resolution No. 91-403. B:WLH92002.ST 7 REV. 11/6 0 e . (A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverage! and minimum limits indicted herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury anc property damage. If the policy has an aggregate limit, a separatc aggregate in the amounts specified shall be established for the risk for which the City or its agents, officers or employees are additiona insureds. 2. Automobile Liabilitv Insurance: $1,000,000 combined single limit per accident for bodily injury an property damage. In addition, the auto policy must cover anv vehicl used in the performance of the contract, used onsite or offsitc whether owned, non-owned or hired, and whether scheduled or nor scheduled. The auto insurance certificate must state the coverage i for "any auto'' and cannot be limited in any manner. Workers' ComDensation and EmDloyers' Liabilitv Insurance: 3. Workers' compensation limits as required by the Labor Code of th State of California and Employers' Liability limits of $1,000,000 p~ incident. Workers' compensation offered by the State Compensatio Insurance Fund is acceptable to the City. (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies ( insurance required under this agreement contain, or are endorsed to contah the following provisions. General Liability and Automobile Liabilii Coverages: The City, its officials, employees and volunteers are to be covered i additional insureds as respects: liability arising out of activities performe by or on behalf of the Contractor; products and completed operations of tk contractor; premises owned, leased, hired or borrowed by the contract0 The coverage shall contain no special limitations on the scope of protectic afforded to the City, its officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respec the City, its officials, employees and volunteers. Any insurance or sel insurance maintained by the City, its officials, employees or volunteers sh: be in excess of the contractois insurance and shall not contribute with it Any failure to comply with reporting provisions of the policies shall not affe coverage provided to the City, its officials, employees or volunteers. . 1. 2. 3. B:WLH92002.ST 8 REV. 11/6, 0 0 4. Coverage shall state that the contractois insurance shall apply separately tc each insured against whom claim is made or suit is brought, except wit respect to the limits of the insurer's liability. "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made basis, coverage shall be maintained for a period of three years following th date of completion of the work. NOTICE OF CANCELLATION - Each insurance policy required by thi agreement shall be endorsed to state that coverage shall not be suspendec voided, canceled, or reduced in coverage or limits except after thirty (3C days' prior written notice has been given to the City by certified mail, retur receipt requested. (C) (Dl (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - An deductibles or self-insured retention levels must be declared to and approve by the City. At the option of the City, either: the insurer shall reduce c eliminate such deductibles or self-insured retention levels as respects the Ciq its officials and employees; or the contractor shall procure a boa guaranteeing payment of losses and related investigation, clai administration and defense expenses. WAIVER OF SUBROGATION - All policies of insurance required under th agreement shall contain a waiver of all rights of subrogation the insurer m have or may acquire against the City or any of its officials or employees. SUBCONTRACTORS - Contractor shall include all subcontractors as insure( under its policies or shall furnish separate certificates and endorsements fi each subcontractor. Coverages for subcontractors shall be subject to all the requirements stated herein. ACCEPTABILITY OF INSURERS - Insurance is to be placed With insurers th have a rating in Best's Key Rating Guide of at least A-:V, and are authonzc to do business within the State of California and are included in the offici publication of the Department of Insurance of the State of California allowed under the standards specified in by the City Council Resolution N 91-403. (F) (GI (HI . B:WLH92002.ST 9 REV. 11/6 0 0 * (1) VERIFICATION OF COVERAGE - Contractor shall furnish the City wit! certificates of insurance and original endorsements affecting coverag required by this clause. The certificates and endorsements for each insuranc policy are to be signed by a person authorized by that insurer to bin coverage on its behalf. The certificates and endorsements are to be in forn approved by the City and are to be received and approved by the City befor work commences. COST OF INSURANCE - The Cost of all insurance required under th agreement shall be included in the Contractor's bid. (J) 20. ACCEPTANCE OF PUBLIC FA(=ILITIES "AS IS" Contractor acknowledges having examined the public facilities to be maintaine pursuant to this agreement and accepts them "as is." No changes in the accepte conditions of the facilities shall be made by contractor without prior approval of tl Director of Utilities and Maintenance. 3, B:WLH92002ST 10 REV. 11/6 0 e . 21. CITYPEFUms The Contractor must have a current City business license. Bidders are advised to consult the Business License Supervisor as to the exact cost of such license if not currently licensed. Executed this ) yYx day of CONTRACTOR &J a u c-ber, 19%. CITY OF CARLSBAD, a municipal R.F. DICKSON CO. INC. (name f Contractor) ATTEST: By: $,L (sign here) STEVEN L. DICKSON (print name here) PRES I DENT (title and organization of signatory) .I%. ta City Clerk By: b t3 &Lk- (SEAL) (sign here) SCOTT 6. DICKSON (print name here) VICE-PRESIDENT8 SECRETARY (title and organization of signatory) (Proper notarial acknowledgment of execution by *DEVELOPER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporse seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, BY citym Q Le+ Deputy City Attorney //e /3*32 e B:W92002.ST 11 REV. 11/6/92 . --nm - Iss STATE OF CALIFORNIA COUNTY OF LOS ANGELES , in the yc On this llTH day of NOVEMBER before me, the undersigned, a Notary Public in and for said State, personal I STEVEN L. DICKSON i' and SCOTT B. DICKSON J , personally k (0' proved to me on the basis of satisfactory evidence) to be the persons who e within instrument as respectively, of the Corporation therein named, and acknowledged to me that the executed It pursuant to Its by-laws Or a resolution of its board of directors WITNESS my hand and official seal I *rl President and L G$?-dGd- 6 UQ ACKNOWLEDGMENT-Corp -Pres & Sec -Woicolts or^ 222~~-~~~ ll 83 i ~ F 1983 WOLCOTTS INC (price class 8-2) Notary Public in and for said State .. 0 0 I I I I. t J' s I PERFORMANCE, w ND BOND NO. 7558 PREMIUM: $1,81( -3:. WHEREAS, the City Council of the City of Carlsbad, State of California, by Raolution No. , 9 adopted , has awarded to i (hereinafter designated as the "Principal"), a Contract to provide street sweeping services in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on Ale in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated hemin by this reference. THIS IS AN ANNUAL BOND, mm COMMENCES ON 12/1/92 m EXPIRES WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Conmct; a as Principal, (hereinafter designated as the "Contractor"), and PACIFIC STATES CASU&TY COMP~ , as Surety, are held and fdy bound unto the City of Carlsbad, in the sum of **!I- I, said sm being SIX 'IBOIJSAND ONE HUNDRED EIGHTY ONE** equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its cemh attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our hefrs, executors and administrators, successors or assigns, jointly and severally, My by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and pexfonn the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agenrs, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount spccified therefor, there shall be included costs and reasonable expenses and fees, .including reasonable attorneys fees, incurred by the City in successfully enforcing such obUgation, all to be taxed a6 costs and included in m judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specificattorus accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, exrension of time, alterations or addition to the terms of the Contract, or to the work or to the specifications. ON 11/30/93, I NOW, WEREFOM, WE, R. F. DICKSOH co., T". Dourn ($86,181.00 -. I I ___ ~ ~ L 0 0. .. ... $ r b * I In the event thet'conrractor is an individual, it is agreed that the death of any sut Contractor shall not exonerate the Surety from its obligarions under this bond. Executed by CONTRACTOR this 11TH . Executed by SURETY this- day of day of NOVEMBER ,1992. NOVEMBER , I9 2. CONTRACTOR: SURETY: R.F. DICKSON COMPANY, INC. * TUTP s-c P-. (Name of Conrracror) (E-hme of %my) 4021 ROSEWOOD AVENLE, THIRD FLOOR LOS ANGELES, CA 90004 (Address of Surety) (Telephone of Surety] 7 BY: L -4 L - I (sign here) J (213) 666-8694 STEVEN L. DICKSON (ph~ name here) PRES I DENT_ By: .fl&KUr 1 (title and organization of signatory) Signature of Attorney n-Fact e&r3 BV'L YZ. LC- Printed name of Attorney-ineFact (attach corporate resohtion showin current power of attorney) SCOTT B. DICKSON & SECRETARY (print name here) (eitIe and organization of signatory) I VTCF PBFSI DENT I - I I 4 (Proper notarial acknowledge of execution by CONTFCACTOR and SURETY must be attached.) (President or vice-prcridenr and secrerary or assistant secretary must sign for corporarfons. If only on officer signs, rhc cerporation,musr arrnch I resdtirion certified by the secretary or assistant secretary undc corporate seal empowering that officer ro bind the corporation.) APPROVED AS TO FORM: ROvNE By: .Q*k KAREN J. HIRATA ,p13.92 , , Deputy City Attorney -, r- , in the On this 11TH day of NOVEMBER before me, the undersigned, a Notary Public in and for said State, persor Iss STATE OF CALIFORNIA COUNTY OF LOS PNGELES STEVEN L. PICKSON and SCOTT B. DICKSO , personall) (or proved to me on the basis of satisfactory evidence) to be the persons whc respectively, of the Corporation therein named, and acknowledged to me that t executed it pursuant to its by-laws or a resolution of its board Of directors WlTNESS my hand and official seal within instrument as A President and - LOS RNGELES COUNTY t. 1 ?\ mm. expires MY 28, 1 i 1 1- P& ACKNOWLEDGMENT-Corp --Pres & SeC -WOlCOttS Form 222CA-Rev 11 83 Notary Public in and for said State 01983 WOLCOTTS INC (price class 8 21 L .. . , -I.-.. -. -. .-...--. -- r N? 8 1 0 PACIFIC X@ STATES c A 4 L A L T Y Co 5( P A S Y NOTICE: 1. All power andauthorlty herein granted in any event terminate on the 31st day of December, 1995. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in red ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, PACIFIC STATES CASUALTY COMPANY, does, hereby make, constitute ai Randy Spohn, Matthew R. Dobyns the true and lawful Attorney-in-Fact to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and c suretyship in an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said Attorney-in-Fact full power and authority to perform every act necessaly, requisite or proper to be done in connection therewith as said corporation could do, but resewing to said corporation ful substitution and revocation; and all of the acts of said Attorney-in-Fact pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIF CASUALTY COMPANY, effective as of December 30,1991; RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is authorized Powers of Attorney, qualifying the attorney named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is authorized to attest the execution of any such Power of RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimi such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future v to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secreta day of December, 1991. PACIFIC STATES CASUALTY COMPANY (Q) e osPoe,6*<A AT€sT g 2 FEB.1, z 0 * %,o."',$ \I Esther R. Lobxdetaly (J BY By - Rudolph J. Lowy, President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On December 30, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Rudolph J. Lowy and Esther R. Low) known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary ' Pacific States Casualty Company, the corporation therein named, and acknowledged to me that the corporation executed it ) ss. WITNESS my hand and official seal. MARIA ESC( Notary PuWc-C LO3 ANGLLES ( My Commission Signature 3 3' ?ilk< 8 c c, &h Notary Public 4 CERTIFICATE The undersigned, as Secretary of PACIFIC STATES CASUALTY COMPANY. does hereby certify that the foregoing and attached Power of Attorney rf force and has not been revoked; and furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth In the Powe are in force as of the date of this Certificate. This Certificate executed in the City of Los Angeles, California, this A-day of No-=, 199 2 *+<€S =4s0 r) oIppoI) *(A g p FEB.l. 6 0 so 1sa 0 '!FoU*' b$ PS( PACIFIC STATES CASUALTY COMPANY BY RICHARD A. XALEY INSURANCE SER. 400 N. Tustin Avenue #lo0 Santa Ana, Ca 92705 (714) 550-1044 F DICKSON CO CA 90242 NL9 5 9 17 0 3 W OWNED AUTOS SCHEDULED AUTOS NON4WNED AUTOS GAFUIGEIlABILIPI AND ADDITIONAL INSURED Vicencia & Buckley Insurance Services Inc. P. 0. Box 2025 Cerritos, CA 90702-io25 Downey, CA 90242 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NOKOWNED AUTOS GARAOE LIABILITY UA01049201896 EMPLOYERS' UABlUTY City of Carlsbad Carlsbad, CA 92008-1989 1200 Carlsbad Village Drive DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAL LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLK