HomeMy WebLinkAbout1995-11-21; City Council; 13408; AWARD CONTRACT FOR STREET SWEEPING SERVICES CONTRACT NO. STS-1I
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{;; // L/,- C@Y OF CARLSBAD - AGEqPA BILL
AB # J3:40g TITLE: AWARD CONTRACT FOR DEPT.
MTG. 11/21/95 STREET SWEEPING SERVICES CITY I
bEPT. PCH CONTRACT NO, STS4 CITY 1
RECOMMENDED ACTION:
Determine which proposal is in the City’s best interest and then adopt Resolution No. 95-
accepting the bid of, and awarding a contract to,
for street sweeping services in accordance with Contract No. STS-1 for the period of December
through June 30, 1996.
ITEM EXPLANATION:
The current contract for street sweeping services with the R.F. Dickson Company was exe
October 1992 and expires November 30, 1995. In accordance with Section 3.28.120 of the h~
Code, Notice to Bidders was published and Requests for Bid were sent to six contractors. Th
Inviting Bids requested two proposals - one at the current, reduced, level of service, and or
historical service level. The following is a brief synopsis for each of the two proposals.
PrODOSal #I (current schedule)
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All residential and commercial areas to be swept one (1) time per month.
Entire downtown area 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 per month.
All bike lanes on Carlsbad Boulevard to be swept one (1) time per week with :
type sweeper unless otherwise approved. Areas along Carlsbad Boulevard tha
additional passes due to abnormal accumulation of sand and debris will be co
special work of an extraordinary nature and compensation will be at a agree( hourly rate.
All posted streets to be swept within indicated time periods.
Estimated curb miles per month is 585.
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PrODOSal #2 (enhanced schedule)
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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 (I) time per month.
All bike lanes on Carlsbad Boulevard to be swept one (1) time per week with i
type sweeper unless otherwise approved. Areas along Carlsbad Boulevard thz
additional passes due to abnormal accumulation of sand and debris will be co
special work of an extraordinary nature and compensation will be at an agree
hourly rate. All posted streets to be swept within indicated time periods. Estimated curb miles per month is 1 ,I 17.
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Four bids were received, opened, witnessed and recorded on November 2, 1995. Bids were i
for the two proposals from each bidding firm. The results are as follows (the lowest bid
proposal is underlined):
Annual Amount t
COMPANY NAME PROPOSAL #I PROPOSAL #
Cannon Pacific Services $86,895.00 $161,555.7
California Street Maintenance 89,060.00 149,060.C
New Wave 88,461.25 160,460.C R. F. Dickson Company 82,847.76 153,099.C
Annual Amount of
I I) @ t7
Page2AB# 17;40b
In recent years, disposal rates have skyrocketed. This required an amendment to the current to allow the contractor to recoup his vastly increased expenditures. To avoid this problem
contracts, the disposal cost is not included in the bid amount, and will be reimbursed to the c(
at actual costs. The disposal site and tip fee are subject to the approval of the Community I
Director. This eliminates the need for the proposers to predict this extremely volatile cos
Disposal costs are estimated at $2,700 per month through June 1996. The Solid Waste Auth
committed to reducing tip fees from $47.50/ton to $40/ton on July 1 , 1996. At that time dispoi
will drop to approximately $2,275 per month. These estimates are an additional cost to the bid i
Prior to the current contract, residential and commercial areas were swept twice per month. In
to reduce costs, a contract with the R.F. Dickson Company was approved by Council for a reduc
of service, with residential and commercial areas being swept once per month. Folio\
implementation of the current, reduced contract, Community Services (formerly known as 1
Maintenance) noticed a sharp increase in the number of complaints about street sweeping serv
annual number of street sweeping complaints is as follows:
Number of Street SweepinQ Complaints in Carlsbad 1991-1995
1991 11
1992 46
1993 73
1994 81
1995 62 to date, October 31 , 1995
Staff also noted an increase of clogged storm drains, and believes the reduced schedule E
impacts storm water run-off quality and efficiency. Materials washed into storm drains run diri
our lagoons and ocean. The dogged storm drains will also likely result in increased flooding d
rainy season, requiring additional overtime for storm response.
Staff surveyed surrounding cities to determine street sweeping frequencies in residential are;
CiJ Frequency of Sweepinq
Carlsbad Once per month
Del Mar Once per month
Solana Beach Once per month
Escondido Once per month
Oceanside Twice per month
Vista Twice per month
San Marcos Twice per month
Encinitas Twice per year
Due to the increased complaints and storm water quality mandates, staff recommends awa
contract to California Street Maintenance in the annual amount of $149,060 for Proposal #2.
FISCAL IMPACT
The street sweeping and disposal costs for the remainder of the fiscal year for Propo:
approximately $68,000, and there is $85,000 available in the Gas Tax Street Sweeping account
this expense. Should Council elect to approve Proposal #2, an additional $20,000 would nr
appropriated from the Gas Tax fund balance to cover expenditures through the remainder of year. Since this contract is budgeted in the Gas Tax Fund, the award will not impact the Gene
EXHIBITS:
1. Resolution No. 9 6330 with contract attached.
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@ RESOLUTION NO. 95330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AUTHORIZING EXECUTION OF
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CONTRACT NO. STS-1 FOR STREET SWEEPING SERVICES
WHEREAS, bids have been received by the City of Carisbad, California, for streel
services in accordance with Contract No. STS-1; and
WHEREAS, the City Council has determined that the sevices described in F
number one is in the best interest of the City; and
WHEREAS, the lowest responsive bid received for these services was submittc
Dickson Company in the amount of $82,847.76; and
WHEREAS, funds are available in the gas tax budget for these services.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of C
follows:
1.
2.
The above recitations are true and correct.
The bid of R. F. Dickson Company, for the amount of $82,847.76, is hereb
and the Purchasing Officer is hereby authorized to execute a purchase 01
acquisition of street sweeping services for the period of December 1, 19
June 30, 1996, which may be renewed by the City Manager, upon !
performance, for four (4) additional one (1) year periods, with revised con
to be set after mutual agreement.
That the Mayor of the City of Carisbad is hereby authorized and directed
a contract, a copy of which is attached hereto, for and on behalf of the City of Carlsbac
PASSED, APPROVED AND ADOPTED by the City Council of the City of Car
21st day of NOVEMBER , 1995, by the following vote, I
3.
regular meeting held on the
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Ny
ATTEST:
ALETHA L. RAUTE
KAREN R. KUNDTZ, Assistant City Clerk
NZ, City Clerk
(SEAL)
a- e ,, Ib.
AGREEMENT
THIS AGREEMENT, made and entered into this //* day of
California, d Municipal Corporation hereinafter designated as "CITY" and - (COMPANY
, 1995, by and between the City of Car
R. F. D I CKSON
, hereinafter referred to as 'CONTRACTOR.'
RECITALS
City requires the services of the Contractor to provide street sweeping service3
The Contractor has submitted to the City a proposal to sweep the streets within tt
The Contractor possesses the necessary requirements to provide the services re
the City.
by ithe City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
City and Contractor agree as follows:
I. TERM OF AGREEMENT
This agreement shall extend for a period of seven (7) months beginning December 1, 19s
ending June 30, 1996. By mutual consent, the Ci Manager may extend this agreement '
(4) additional one (1) year periods, July 1 through June 30, for a total term of four (4) ye:
seven (7) months through the year 2000, upon satisfactory performance.
II. COMPENSAION
A. PrODOSal #I (current schedule)
For all of the services which Contractor is obligated to perform under the tt
Proposal #1 of this agreement, the City shall pay to Contractor the :
$6,903.98 per month. Periodically throughout the year, adjustment!
number of curb miles may be made due to the addition of newly constructed st
the temporary elimination of existing streets due to construction. Cur
adjustments of less than two (2) curb miles will be considered immaterial and
affect the contracted monthly cost. Cumulative adjustments in excess of two {
miles will be appropriately compensated at the rate of $ 11 .OO per cu
Additional special work of extraordinary nature including but not limited to c
spillage and parades will be charged at the rate of $ 70.00 , per hot
requested by the Community Services Director or his designee.
f.\usen\hheis\wdpata\cn~Q5O€iO22 001 Rev. Qla
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5. Proposal #2 (enhanced schedule)
for all of the services which Contractor is obligated to perform under the te
Proposal #2 of this agreement, the Crty shall pay to Contractor the s
$ per month. Periodically throughout the year, adjustments
number of curb miles may be made due to the addition of newly constructed strt
the temporary elimination of existing streets due to construction. Cum
adjustments of less than two (2) curb miles will be considered immaterial and \
affect the contracted monthly cost. Cumulative adjustments in excess of two (:
milas will be appropriately compensated at the rate of $ per cur
Additional special work of extraordinary nature including but not limited to di
spillage and parades will be charged at the rate of $ , per hou,
requested by the Community Services Director or his designee.
C. Debris Disposal
Contractor is responsible for paying ail debris disposal costs associated M
furtherance of this agreement. The City will reimburse the Contractor for 100% o
debris disposal costs at the lowest available rate only if invoiced as a separatc
item. Contractor's actual disposal invoices are subject to the review of the Corr
Services Director upon twenty-four (24) hours notice.
Ill. AGREEMENT DOCUMENTS
All the documents and specifications contained or referenced herein constitute the cc
agreement between the parties.
IV. DUTY OF CONTRACTOR
During the term of this agreement, Contractor shall sweep all public streets in the
accordance with the approved schedule. Sweeping speed shall remain between 3-5 tr
hour at all times. Where inclement weather, as determined by the Community Services C
prevents adherence to the regular sweeping schedule for two or less days in a given w(
sweeping areas so affected by the inclement weather shall be swept within the follow
week period from the date of the scheduled sweeping without interruption of the
sweeping schedule. The Contractor shall perform all rescheduled work required t
inclement weather without additional charge.
When a holiday occurs on a regularly scheduled sweeping day, said sweeping area :
swept within two days from the regularly scheduled sweeping day without intemptioi
regular sweeping schedule. Holidays shall be designated by the Contractor and apprc
the Communrty Services Director.
In the event the Contractor is prevented from completing the sweeping as provide
schedule for reasons other than inclement weather, he shall be required to comple'
services prior to the next regularly scheduled date or give the City credit for that work at
mile rate specified in Section II COMPENSATION. Adjustmentsfor streets deferred and n
prior to this deadline will be shown separately on the monthly invoice. The 2 Ct
adjustment provision specified in Section II COMPENSATION does not apply in this ci
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The Contractor may be required to submit reports at no additional cost as requested
Community Services Director concerning sweeping schedules and other related matters
may include a list of all streets being swept with an accurate break down of the number o
per street. Should a specific request for information place undue burden upon the Cont
he may request compensation for said request and the Community Services Direcl
negotiate fair compensation.
Should streets or portions thereof be omitted due to driver error, the Contractor shall
skipped areas within 24 hours following notice from the City.
All streets shall be clean and free from debris to the satisfaction of the Community Sz
Director or his designee upon completion of the sweeping. Any streets that do not m
satisfaction of the Community Services Director will require additional passes at no additior
to the City.
v. EQUIPMENT AND LABOR
Contractor shall use and furnish at his own expense, all labor, equipment and m
necessary for the satisfactory performance of the work set forth in this agreement. Cor
shall use standard heavy street sweeping equipment as is necessary to clean the street:
CQ of paper, dirt, rocks, and debris. The machinery and equipment used by the Contri
the furtherance of this agreement shall be modern, clean and maintained in proper v
condition at all times consistent with the current standards of the industry and subjeci
approval of the Community Services Director.
The Contractor shall supply the City with an up-to-date list of the equipment being used
sweeping operation, including make, model, year and any other pertinent information. I
herein shall preclude the Contractor from substituting other equal equipment due to main!
or other factors upon prior notice to and approval of the Cdy. All equipment shall be a
for inspection by the City upon 24 hour notification to the Contractor. Equipment usec
Contractor for work to be done under this agreement shall not exceed four years in age
certification is presented to add approved by the Commundy Services Director that eqi
has been completely overhauled and/or rebuilt.
All streets will be swept with vacuum-type sweeping equipment except those specifia
and/or by the Community Services Director or his designee.
The following streets and intersections will be swept with a broom-type sweeper:
+ + LA COSTA AVENUE - from 1-5 to El Camino Real
CARLSBAD BOULEVARD - from north City limits to south City limits
VI. SCHEDULE
The sweeping schedule which the Contractor shall propose and follow shall be in confc
with the frequency as outlined in proposals #1 and #2 and shall be approved by the COI
Services Director and shall be in conformance with all posted areas. Should the Contra(
to change existing sweeping schedules or posted streets, he will do so at his own
t\users\hhets\wd~\cn~@506022.001 Rev GI2
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provided such change is approved by the Community Services Director. The hours durinc the sweeping shall be performed shall be at the discretion of the Contractor with the ai
of the Community Services Director. The Contractor may be required to do early IT
sweeping on certain major streets and downtown village areas. The Contractor SI
responsible to notrfy residents of the sweeping schedule and any changes in the scl
including holidays. No sweeping will occur prior to 7:OO a.m. in residential areas.
VII. FREQUENCY
A. Proposal #I (current schedule) + + + + +
All residential and commercial areas to be swept one (1) time per monl
Entire downtown area 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 per
All bike lanes on Carlsbad Boulevard to be swept one (1) time per wee!
broom-type sweeper unless otherwise approved. Areas along Ci
Boulevard that require additional passes due to abnormal accumulation (
and debris will be considered special work of an extraordinary natu
compensation will be at the hourly rate specified in Paragraph 2.
All posted streets to be swept during the indicated time periods.
Estimated curb miles per month is 585.
+ +
B. Proposal #2 (enhanced schedule) + + + + +
All residential and commercial areas to be swept two (2) times per mor
Entire downtown area to be swept three (3) times per week.
All alleys to be swept two (2) times per month.
AI1 open striped and raised curb medians to be swept one (1) time per
All bike lanes on Carfsbad Boulevard to be swept one (1) time per weel
broom-type sweeper unless othewise approved. Areas along C
Boulevard that require additional passes due to abnormal accumulation
and debris will be considered special work of an extraordinary nati
compensation will be at the hourly rate specified in Paragraph 2.
All posted streets to be swept during the indicated time periods.
Estimated curb miles per month is 1,117.
+ +
V111. DEBRIS DISPOSAL
Contractor shall dispose of all refuse collected by hauling the same to legally establishc
waste disposal facilities as approved by the Community Services Director. Transfer PC
storage of sweepings must be approved by the Community Services Director and shz
case be stored in the City in excess of 24 hours. The City will not compensate the COI
for debris costs accrued from disposal sites not approved by the Community Services I
prior to use.
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IX. WATER
The Contractor shall make all necessary arrangements through the proper water district tc
and pay for water necessary for the operation.
X. ADDITIONAL WORK
In the event the City desires to extend the sweeping program to include streets construct(
the effective date of this agreement, other streets or alleys, or parking lots, any ad
sweeping which is required of Contractor shall be paid for at the curb mile rate, as spec
Paragraph 2. Any special sweeping required by the Community Services Director
designee shall be paid for by the hourly rate specified in paragraph 2. .
XI. SIGNS
The Contractor shall place signs approved by the community Services Director on thl
sweeping equipment used in the performance on the work, which signs shall be visiblefrc
sides of the vehicles and shall read "Under Contract to the City of Catisbad."
XII. FAITHFUL PERFORMANCE
The standards of performance which the Contractor is obligated to perform hereunder
standards which are considered to be good street sweeping practices and shall be subjec
approval of the Community Services Director.
The Contractor shall maintain in full force and effect during the term of this Agreement,
for Faithful Performance from a corporate securrty satisfactory to the City. Said corporate :
shall be duly authorized to do business in the State of California. Said Performance Bor
be equal to one hundred percent (100%) of the estimated amount of the Contract.
XIII. FUTURE ADJUSTMENTS TO CONTRACT PRICES AND WORK QUANTITY
The City reserves the right to add or delete streets to be serviced at any time through
year. Annually upon extension of the agreement, all unit costs specified in Paragraph 2 !
subject to change to reflect cost of living increases or decreases in the costs of tat
equipment as dictated by market conditions.
Periodically, during the course of this agreement, circumstances may arise that aff
Contractor's expenses under the terms of this agreement due to cost increases bey(
Contractor's control. Should this happen, the Contractor shall submit a written request fc
cost increase. The Crty will research this request and will respond to the Contractor wi
working days. If the adjustment is fair and justified and the City and Contractor mutual1
on the increase, an amendment to the agreement will be prepared and submitted to I
Manager for final approval.
Should adjustments to Paragraph IV, Duty of the Contractor, be required, the City shall nc
Contractor in writing of the requested modification and any associated costs. The COI
will have ten working days within which to approve the change. If both parties agree
modified duties and/or modified unit cost, an amendment to the agreement will be prepa
t\usen\hhe1s\wdpata\cn~9500022 001 Rev. 9/29
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submitted to the Crty Manager for final approval. If the Contractor does not agree to the re
modifications, the CIQ shall have the option of terminating this contract upon 30 days 1
notice to Contractor.
XIL’. CANCELLATION CLAUSE
If Contractor refuses or fails to prosecute the agreement or any separable part thereof wit
diligence as will ensure its completion within the time specified by the City or any ext
thereof, or fails to complek such work within such time, or if Contractor should bs adj
bankrupt, make a general assignment for the benefit of creditors, or if a receiver sho
any of the provisions of this agreement, or if Contractor fails to make prompt paym
materials or labor or if Contractor persistently disregards laws, ordinances, or instructions
City may serve written notice upon the Contractor and Contractor’s surety of its inten
declare this agreement in defautt, said notice to contain the reasons for such intention to c
a defautt, and unless within ten (IO) days after the service of such notice, such violatiop
cease and satisfactory arrangements for the corrections thereof be made, this agreeme
upon the expiration of said time, be in defautt.
Upon such defautt, City shall serve written notice thereof upon the surety and Contract<
surety shall have the right to (1) take over and perform this agreement or (2) deposit w
the amount herein below described.
If the surety does not within fifteen (1 5) days after the serving upon it of a Notice of Defat
City written notice of its intention to take over and perform this agreement or does not corr
performance thereof within thirty (30) days from the date of City’s notice, City may take c
work and prosecute the same to the extent of completion it deems necessary by contrac
any other method it may deem advisable for the account and at the expense of Contracl
the surety shall be liable to the Crty for any cost or other damage and in such event Ci
without liability for doing so, take possession of and utilize in completing such worl
equipment, and other property belonging to Contractor that may be on the site of the wc
be necessary therefor. Should surety fail to take over and diligently perform the agreemei
Contractor’s default, surety agrees to promptly on demand, deposit with City such amount
may reasonably estimate as the cost of completing all Contractor’s obligations. For ar
work that City elects to complete by furnishing its own employees, materials, toc
equipment, City shall receive reasonable compensation thereof including costs of supervis
overhead.
appointed OR account of Contractor‘s insolvency, or if Contractor or any subcontractors
XV. HOLD HARMLESS AND INDEMNIFY
The City, its agents, officers and employees shall not be liable for any claims, liabilities, pf
fines or any damage to goods, properties or effects of any person whatever, nor for F
injuries or death caused by, or resutting from, or claimed to have been caused by, or t
from, any act or omission of Contractor or Contractor’s agents, employees or represei
Contractor agrees to defend, indemnrfy, and hold free and harmless the City and its au
agents, officers, and employees against any of the foregoing liabilities or claims of any k
any cost and expense that is incurred by the City on account of any of the foregoing lil
t\usen\hheis\wdpata\cnn9506022.001 Rev Ql2t
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including attorneys' fees, unless the liability or claim is due to, or arises out of, th
negligence of the City.
XVll. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own way
independent contractor and in pursuit of Contractor's independent calling, and not
employee of the City. Contractor shall be under control of the City only as to the resul
accomplished but shall consult with the City as provided for in this agreement.
The Contractor is an independent contractor of the City. The payment made to Cor
pursuant to this contractor shall be the full and complete compensation to which Contrr
entitled pursuant to this contract. The City shall not make any federal or state tax withhc
on behalf of the Contractor. The City shall not be required to pay any workers' compel
insurance on behalf of the Contractor. The Contractor agrees to indemnlfy the City for a
retirement contribution, social security, payment of wages or workers' compensation p:
which the City may be required to make on behalf of Contractor or any employee of Coi
for work done under this agreement.
The Contractor shall be aware of the requirements of the Immigration Reform and Contrc
1986 (8 U.S.C. Sec. 1101 - 1525) and shall comply with those requirements, including,
limited to, veriiing the eligibility for employment of all agents, employees, subcontractc
consultants that are included in this agreement.
XVII. SUBCONTRACTING AND ASSIGNMENT
The Contractor shall neither subcontract nor assign any obligation or interest in this agr
without the prior written approval of the City.
XVIII. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to negotiate
accept, or approve, or take part in negotiating, making, accepting, or approving this (
shall become directly or indirectly interested personally in this contract or in any part
No officer, employee, attorney, or inspector of or for the Ci who is authorized in such c
and on behalf of the Clty to exercise any executive, supervisory, or other similar func
connection with the performance of this contract shall become directly or indirectly in
personally in this contract or any part thereof.
XI>(. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any office, agent, or employee of the Citl
before, during, or after the execution of this contract, shall affect or modity any of the 1
obligations herein contained nor such verbal agreement or conversation entitle the CC
to any additional payment whatsoever under the terms of this contract.
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XX. LIABILITY INSURANCE AND WORKERS’ COMPENSATlON A. Contractor shall procure and maintain for the duration of the contract insurance a claims for injuries to persons or damage to property which may arise from
connection with the performance of the work hereunder by the Contractor, his a
representatives, employees or subcontractors. Said insurance shall meet the
policy for insurance as stated in Resolution No. 91-403.
1. COVERAGES AND LIMITS - Contractor shall maintain the types of COW
and minimum limits indicted herein:
a. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injL
property damage. If the policy has an aggregate limit, a SE
aggregate in the amounts specified shall be established for the ri
which the City or its agents, officers or employees are adc
insured.
b. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily inju
property damage. In addition, the auto policy must cover any
used in the performance of the contract, used onsite or offsite, H
owned, non-owned or hired, and whether scheduled or non-sche
The auto insurance certificate must state the coverage is for ’an
and cannot be limited in any manner.
Workers’ Compensation and Emplovers’ LiabilitV Insurance:
Workers’ compensation limits as required by the Labor Code
State of California and Employers’ Liability limits of $1 ,000,C
incident. Workers’ compensation offered by the State Compe
Insurance Fund is acceptable to the City.
C.
2. ADDITIONAL PROVISIONS - Contractor shall ensure that the poli
insurance required under this agreement contain, or are endorsed to t
the following provisions. General Liability and Automobile Liability Cov
a. The City, its officials, employees and volunteers are to be cov
additional insured as respects: liability arising out of activities pi
by or on behalf of the Contractor; products and completed opc
of the contractor; premises owned, leased, hired or borrowed
contractor. The coverage shall contain no special limitations
scope of protection afforded to the City, its officials, emplol
volunteers.
The Contractor’s insurance coverage shall be primary insufi
respects the City, its officials, employees and volunteers. Any in
or self-insurance maintained by the City, its officials, empb
volunteers shall be in excess of the contractor‘s insurance and :
contribute with it.
b.
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C. Any failure to comply with reporting provisions of the policies she
affect coverage provided to the City, its officials, employe€
volunteers.
d. Coverage shall state that the contractor's insurance shall
separately to each insured against whom claim is made or s
brought, except with respect to the limits of the insurer's liability.
'CLAIMS MADE" POLICIES - If the insuratxe is provided on a "claims n basis, coverage shall be maintained for a period of three years followin
date of completion of the work.
3.
4. NOTICE OF CANCELLATION - Each insurance policy required b
agreement shall be endorsed to state that coverage shall not be nonren
suspended, voided, canceled, or reduced in coverage or limits except afte
(30) days' prior wriitten notice has been given to the Crty by certified mail,
receipt requested.
5. DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS -
deductibles or setf-insured retention levels must be declared to and apF
by the Crty. At the option of the City, either: the insurer shall redl
eliminate such deductibles or self-insured retention levels as respects thc
its officials and employees; or the contractor shall procure a bond guararr
payment of losses and related investigation, claim administration and dt
expenses.
WAIVER OF SUBROGATION - All policies of insurance required und
agreement shall contain a waiver of all rights of subrogation the insurc
have or may acquire against the City or any of its officials or employees
SUBCONTRACTORS - Contractor shall include all subcontractors as ir
under its policies or shall furnish separate certificates and endorseme
each subcontractor. Coverages for subcontractors shall be subject to all
requirements stated herein.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with insure
have a rating in Best's Key Rating Guide of at least A-:V, and are authori
transact the business of insurance by the Insurance Commissioner unc
standards specified in by the Crty Council in Resolution No. 91-403.
6.
7.
8.
9. VERIFICATION OF COVERAGE - Contractor shall furnish the Cif
certificates of insurance and original endorsements affecting coverage rf
by this clause. The certificates and endorsements for each insurance PO
to be signed by a person authorized by that insurer to bind coverage
behalf. The certificates and endorsements are to be in forms approved
City and are to be received and approved by the Crty before work comrr
t\users\hhets\wdpc~05~022 001 Rev OJ201
0 e ..
10. COST OF INSURANCE - The Cost of all insurance required unde
agreement shall be included in the Contractor's bid.
XXI. DRUG & ALCOHOL FREE WORKPLACE
A. The City of Carlsbad is committed to maintaining a work environment free fro1
effects of drugs and alcohol consistent with the directives of the Drug Free Work
Act. As a condition of this agreement, the Contractor and the Contractor's emplc
shall assist in meeting the requiremeats of this policy as set forth in the "City of Cai
Drug and Alcohol Use Policy" incorporated by reference herein.
Contractor agrees that the Contractor and the Contractor's employees, while perfo
service for the City, on City property, or while using City equipment will not
possession of, use, or be under the influence of drugs or alcohol.
The Contractor has the duty to inform all employees or agents of the Contractor th
performing service for the City on City property or using City equipment of the
objective of a safe, healthful and productive workplace and the prohibition of d
alcohol possession, use or impairment from same while performing such service
B.
C.
City.
D. The City has the right to terminate this agreement and any other agreeme
Contractor has with the City if the Contractor or Contractor's employees are deter
by the Community Services Director or his representative to have breachc
provisions of Section XXI herein as interpreted and enforced pursuant to the pro\
of the Ci of Carlsbad "Drug and Alcohol Use Policy" incorporated by reference I
XXII. ACCEPTANCE OF PUBLIC FACILITIES "AS IS"
A. Contractor acknowledges having examined the public facilities to be mair
pursuant to this agreement and accepts them 'as is.' No changes in the acc
conditions of the facilities shall be made by Contractor without prior approval
Communrty Services Director or his designee.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
F.\userr\hheis\wdpa&1\cn~Q5Ot3022.00~ Rev. 912Qi
.I cl)c -.
XXIII. ClTy PERMITS
A. The Contractor must have a current City business license. Bidders are advk
consult the Business License Supervisor as to the exact cost of such license
currently licensed.
Executed this * day of ,I9 95 .
CONTRACTOR: CITY OF CARLSBAD, a municipal
R.F. DICKSON COMPANY, INC. - (name of C tractor)
ATTEST:
BY:- ,JZL?L
(sign here)
STEVEN L. DICKSON
(prii7t riarne herz)
D!IESIDENT, R. F. DICKSON CO. , INC.
--
-- (title and organizzon of signatory)
BY:. tRC4L&&L
(sign here)
SCOTT B. DICKSON
(print name here) -
SE'CRETARY? R.F. DICKSON C0.I INC.
(title and organization of signatory)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one Officer S
corporation must attach a resolution certified by the secretary or assistant secretary under corporate Seal empowering tt to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY
t\use~\hhe1s\wd~\c~5~022.001 ROV 9/29
'
RIGHT WUMBPRINT (1
U On 11/30/95 before me, LORETTA 1 E PETERS, NOTARY @i PUBL1,C 0 g
a- *.
State 07 CALIFORNIA
CQuntyof LOS ANGELES
(NAME, TITLE OF OFFICER. I E. -JANE DOE. NOTARY PUSUC') (DATE)
personally appeared STEVEN L- DICKSON, SCOTT B. DICKSON CAPACITY CLAIMED BY
m CORPORATEPX
(NAME(S) OF SIGNEA(S)) a \NOIV\DUAL(SJ
OFFICER(S~~~
1 0 PARTNER@) n ~rrORNEY IN FAG
0 TRUSTEE@)
0 GUARDIAN/CONS
0 OTHER:
PO personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub- scribed 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
b his/her/their signature(s) on the instrument the
rn rn w a m 8 m a m WW 9 n I I m 8 a ' mE
LORETTA E. PETERS :
COMM. #lo24618 Noskqy ~JO~JC. CALIFORNIA % Person(s)* Or the entity "Pori behalf of which the @) g2a Los kvNcsELES COUNM 6 person(s) acted, executed the instrument. *' 'I ~y amm. Expires MAY 28,1998 rn
8 s R CI R 0 rn IY a 8 E rn E m e rn 9 n mm
Witness my hand and official seal.
(SEAL) (SIGNATURE OF NOTARY)
SIGNER 1s REPRESEN
(NAME OF PERSON(S) OR ENTl
R.F. DICKSON
e e 1.
PERFORMANCE BOND Bond No. CA 704546
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolutic
!3 5- 3 3 0 , adopted NOVEMBER 22, , 1995, has awarded 1
designated as the 'Principal"), a Contract to provide street sweeping services in the City of Carl:
strict conformity with the contract, the drawings and specifications, and other Contract Documei
on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein
reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
the) furnishing of a bond for the faithful performance of said Contract;
NCIW, THEREFORE, WE, R. F. DICKSON COMPANY , as Principal, (her
designated as the 'Contractor"), and Merchants Bonding Company , as
are held and firmly bound unto the City of Carlsbad, in the sum ofElGHTY TWO THOUSAN EIGHT HUNDRED FORTY SEVEN &76/00Doliars ($ 82,847.76 ), said sur
equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to C
centain attorney, its successors and assigns; for which payment, well and truly to be made, 1
ourselves, our heirs, executors and administrators, successors or assigns, jointly and several1
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, the
exlecutors, administrators, successors or assigns, shall in all things stand to and abide by, and \
truly keep and perform the covenants, conditions, and agreements in the Contract and any a
thereof made as therein provided on their part, to be kept and performed at the time and in the
therein specified, and in all respects according to their true intent and meaning, and shall inderr
save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, 1
obligation shall become null and void; otherwise it shall remain in full force and effect.
Asl a part of the obligation secured hereby and in addition to the face amount specified theref
shall be included costs and reasonable expenses and fees, including reasonable attomel
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and inc
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the ten
Contract, or to the work to be performed thereunder or the specifications accompanying the s
aflfect its obligations on this bond, and it does hereby waive notice of any change, extensior
akerations or addition to the terms of the Contract, or to the work or to the speczications.
- - IR. F. DICKSON COMPANY 1 (her
- EFFECTIVE DATE OF THIS BOND TS 12-1-95 THROUGH 6-3&96*
t\usen\hhe1s\wdpata\cnn9508022.001 Rev 0
e e -.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor st
exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 28th Executed by SURETY this 28th day
CONTRACTOR: SURETY:
day of November ,1995. of November ,1995.
R.F. Dickson Campany, Inc. Merchants Bonding Company
(Nabme of Contractor)
By: A- L hk
(Name of Surety) c/o Lesron Insurance Agency, Tnc.
1440 N. Harbor Blvd., #610
Fullerton, CA 92635
(Address of Surety) (sign here)
STEVEN L. DICKSON 714-441-2722 - (priint name here) (Telephone of Surety)
- PRESIDENT, R.F. DICKSON CO.,INC. By: flyGI-%
(title and organization of signatory)
By: &&BB& Matthew R. Dobyns
S ig nature of Atto rney-i n-Fad
(sign here) Printed name of Attorney-in-Fact
SCOTT B. DICKSON (attach corporate resolution showing cufrert power c - attorney) (print name here)
- SECRETARY, R.F. DICKSON CO., INC.
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTAACTOR and SURER must be attached.)
(President or vicepresident and secretary or Bstistant secretary must sign for corporatbns. If only one officer
COI poration must attach a resolution certified by the secretary or assistant secretary under Wrporate S3al empowering
to bind the corporation.)
AF’PROVED AS TO FORM:
RONALD R. BALL
Rev. Q t\users\hheis\wdpata\c~Q506022.001
0 0 -I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
before me, Maq Angel - Notary Public
NAME TITLE OF QFFICER - E G 'JANE DOE NOTARY PUBLIC' DATE
personally appeared Matthew R. Dobyns
NAME(S) OF SIGNER(S)
[g personally known to me - OR - 0 proved to me on the basis of satisfactory evidl
to be the person(@ whose name@ i:
subscribed to the within ihstrument an(
knowledged to me that he/,e+exec
the same in his- author
capacity-, and that by his/-
signature(@ on the instrument the persc
or the entity upon behalf of whick
person(S) acted, executed the instrur
WITNESS my hand and official seal.
Though the data below IS not required by law, it may prove valuable to persons relying on the document and COUI(
fraudulent reattachment of this form.
CAPACITY CLAl M ED BY SIGNER DESCRIPTION OF ATTACHED DOCU
TITLE OR TYPE OF DOCUMENT TlTLE(S)
AlTORNEY -IN-FACT
0 GUARDIAN/CONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIM(IES)
Merchants Bonding Company SfGNER(S) OTHER THAN NAMED AI
61993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave P 0 Box 7184 * Canoga
c- e ..
Merchanrs Bonding Company (Mutual)
\ POWER OF ATTORNEY
Know All Men By These Resents. that the MERCHANTS BONDING COMPANY (Mutual). a carporation duly organized under the i8wS
01 the State ol Iwa. and hwing its principal oftice in me City of Des Motnes. County of Polk. Slate of Iowa. halh made. constituted and appointed. and does by these presents make. wnslitkie and appoint
***LE PIAL\PI'LE***MATTHEW R. iX)BY?$S***
of FULLERTON andSlaleat CA its true and lawful Attcmey-in-Fad. with lull power
and authority hereby conferred in b name. place a& stead. lo sign. execute. ackncmladge and deliver m its behen aS Surety:
***ONE MILLION DOLLARS ($1~000~000.00)***
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same exlent as a such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acls of said Attorney. pursuant to the aulhority herein given, are hereby ratified and confirmed.
This Power-ol-Atromey is made and executed pursuant to and by authority of the following By-Laws adopted by the bard of Directon at the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2. SECTION 8. - The Chainnan of the Board or Resident or any Vice Resident or Secretary shall have power and authority to apwint Attomy-in-fact. and to authorize hvn to execule on behall of the Company. and atlach the seal of the
Companythereto. bondsandundertakings. recogniren~s.contractsofindemnityandotherwritingsobligotoryinmen6ture thereof.
ARTICLE 2. SECTION 9. - The signature of any authorized officer and the Seal of the Company may be Hixed by facsimile to any Power of Ail~mey or Certification thereof authorizing the execution and delivery of any bond. undertekiog. recognuance. or other
suretyship obligations of h Company, and such signature and seal when so used shall have the 6ame force and efled as though
manually fixed.
In Witness Whereof. MERCHANTS BONDING COMPANY (Mutual) has caused these prewnls to be signed by ih Vua Residept arid
Resident. and its camrate seal to be hereto ntlixed. this
Anest: MERCHANTS BONDING COMPANY (Mutual)
25th day d August AD.. 19 93
....... -. . - r ,ti:; , :;;i,;. . . .\>
4 I !. .: . - -. - (.'. v *. - 'r: '. \. -. r . x. .- , . - BY d- -C - 153.- -. L. -. -. 5-, . .~ -1- e:.. . '..*q. . -;c . - . 6. STATE OF IOWA nfh+f
-.e.-.-
COUNlY OF POLK IS.
On this 25th dayol August ,19 93 . baton me appearsd M J. Long and
W.G. Brundage. to me personally known. who being by me duly mrn did say that they are Vice President and Secraaflreasurer
rsspectively of the MERCHANTS BONDING .COMPANY (Mutual). the mrporation described in !he fov@ng inslrument. and thal
the $eel affixed to the said instrument is the Corporate Seal of the said Corporation and that the mid inslrumenl WIIS signed and
waled in behalf of said Corporation by authority of its Board ol Directon.
In Testimony Whereof. I haw hereunto Bet my hand and athxed my Onil Seal. at the Cky of Des hbines. luwa the day and year first above written. -w 0. ..*.-. *0*. .- ,LYuy & *=** : {y .... ..-...*OL -*
: IOWA i i YI commn*n t.d-l
*..u : lh.7 ruM. rnb 5nmry. lan : =:
: z -*.* :-. 11-4-95 e. ......... -- t : *. c> *'& .. STATEOFIOWA **.. 441~ .. COUNTYOF POLK -. *- 0.. * .....
I.M.J. Long.Vca ResidentoftheMERCHAKTSBONDlNGCO(V1PANY (Mdud).dahsrsbyce*lhel*hb 6lx-a and (omgoing is 8 m and mnec( cow of UM POWER OF ATTORNEY. gceaned by said MWCWWS~WDING . *%J . -. -/-'-/.
COMPANY (Mutual). which is still h lorn and eflecl. * 3: PC4.-'> ' #T1 g/ &&& -.
In wwss where~l, I h~e hereunto set my hand and affixed the sad of the Company. at Des Noi<$%qowa q ' %-*. this 28th dayof November 19. 95 :fl; -
.. ''Jf;... ,\,. This ponec d atlomy wiras December 31,1995. ........
ME 96
i’ RIGHT THUMBPRINT -.-I
Y 0
0 0 (NAME. TITLE OF OFFICER. I E, -JANE DOE NOTARY cl PUBLIC’) 1I c
7 State of CALIFORNIA
Countyof LOS ANGELES
On 11/30/95 before ,,LORETTA E. PETERS, NOTARY PUBLIC
(DATE)
STEVEN L. DICKSON, SCOTT B* DICKSON CAPACITY CLAIMED 6
m CORPORATE-!?!
personally appeared 0 INDIVIDUAL(S)
(NAME(S) OF SIGNEA(S))
OFFICER(+^
1 0 PARTNER(S)
ATTORNEY IN FA(
0 TRUSTEE(S) 0 GUAR~IAN/CONI
0 OTHER:-
XI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged
8888naP~~.688.8..#~~i.. to me that he/she/they executed the same in m his/her/their authorized capacrty(ies), and that by
i LoRErrA E* PETERS f his/her/their signature(s) on the instrument the > person(s), or the entity upon behalf of which the
.”Witness my hand and official seal.
COMM. #lo2461 8 WfmY PUBLIC - CMIFORNW gperson(s) acted, executed the instrument. Los ANGELES C3UNTY 4 Comm. Expires t&w 28.1- 8
SIGNER IS REPRESEh
1 R.F. DICKSOI
I-- W
(NAME OF PERSON\S) OR EN1 2 m
8
. /s) ‘888D80~8~.88U88pe~.~.~
(SEAL) (SIGNATURE OF NOTARY)
AnENTlON NOTARY: The cnformation requested below IS OPTIONAL. It could, however, prevent fraudulent attachment of thls cefificate to any ufnul
CARLSBAD CONTRACT & PERF. BON THIS CERTIFICATE
MUST BE ATTACHED TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
Date of Document
kC0llS FoRM 63240-ALL PURPOSE ACKNOWLEOGMENT WITH SIGNER CAPACITY/REPRESENTAT~/F~GERPRINT-ReV 12-92