HomeMy WebLinkAbout1995-11-21; City Council; Resolution 95-330. 1
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RESOLUTION NO. 95-330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AUTHORIZING EXECUTION OF CONTRACT NO. STS-1 FOR STREET SWEEPING SERVICES
WHEREAS, bids have been received by the City of Carlsbad, California, for street
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services in accordance with Contract No. STS-1; and
WHEREAS, the City Council has determined that the sevices described in F
6 I/ number one is in the best interest of the City; and
WHEREAS, the lowest responsive bid received for these services was submittf 7
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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
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1. The above recitations are true and correct. 11
follows:
12 2. The bid of R. F. Dickson Company, for the amount of $82,847.76, is hereb)
13 ll and the Purchasing Officer is hereby authorized to execute a purchase or
14 acquisition of street sweeping services for the period of December 1, 19!
June 30, 1996, which may be renewed by the City Manager, upon s
15 11 performance, for four (4) additional one (1) year periods, with revised cont
16 to be set after mutual agreement.
17 3. That the Mayor of the City of Carlsbad is hereby authorized and directed
18 a contract, a copy of which is attached hereto, for and on behalf of the City of Carlsbad
19 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carl
2o I regular meeting held on the 21st day of NOVEMBER , 1995, by the following vote, tc
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AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Ny
27 11 ATTEST:
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ALETHA L. RAUTE (SEAL)
WEN R. KUNDTZ, Assistant City Clerk
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AGREEMENT
THIS AGREEMENT, made and entered into this //= , 1995, by and between the City of C
ipal Corporation hereinafter designated as "CITY" and R. F. Dl CKSON COiM PAN Y , hereinafter referred to as uCONTRACTOR.u
RECITALS
City requires the services of the Contractor to provide street sweeping servicc
The Contractor has submitted to the City a proposal to sweep the streets within
The Contractor possesses the necessary requirements to provide the services
the City.
by the City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenant:
City and Contractor agree as follows:
I. TERM OF AGREEMENT
This agreement shall extend for a period of seven (7) months beginning December 1, 1 <
ending June 30,1996. By mutual consent, the City Manager may extend this agreemen
(4) additional one (1) year periods, July 1 through June 30, for a total term of four (4) yc
seven (7) months through the year 2000, upon satisfactory performance.
II. COMPENSATION
A. PrOpOSai #1 (current schedule)
For all of the services which Contractor is obligated to perform under the 1
Proposal #1 of this agreement, the City shall pay to Contractor the
number of curb miles may be made due to the addition of newly constructed s
the temporary elimination of existing streets due to construction. Cu
adjustments of less than two (2) curb miles will be considered immaterial ana
affect the contracted monthly cost. Cumulative adjustments in excess of two
miles will be appropriately compensated at the rate of $ 11-00 per CI
Additional special work of extraordinary nature including but not limited to (
spillage and parades will be charged at the rate of $ 70.00 , per ho!
requested by the Community Services Director or his designee.
$6,903.98 per month. Periodically throughout the year, adjustmenl
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8. Proposal #2 (enhanced schedule)
For all of the services which Contractor is obligated to perform under the t
Proposal #2 of this agreement, the City shall pay. to Contractor the
$ per month. Periodically throughout the year, adjustment number of curb miles may be made due to the addition of newly constructed sl
the temporary elimination of existing streets due to construction. Cu
adjustments of less than two (2) curb miles will be considered immaterial and
affect the contracted monthly cost. Cumulative adjustments in excess of two
miks will be appropriately compensated at the rate of $ per CL
Additional special work of extraordinary nature including but not limited to (
spillage and parades will be charged at the rate of $ , per hol
requested by the Community Services Director or his designee.
C. Debris Disposal
Contractor is responsible for paying all debris disposal costs associated ‘
furtherance of this agreement. The City will reimburse the Contractor for 100%
debris disposal costs at the lowest available rate only if invoiced as a separa
item. Contractor’s actual disposal invoices are subject to the review of the CO
Services Director upon twenty-four (24) hours notice.
Ill. AGREEMENT DOCUMENTS
All the documents and specifications contained or referenced herein constitute the c
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 f:
hour at all times. Where inclement weather, as determined by the Community Services I
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 follov
week period from the date of the scheduled sweeping without interruption of the
sweeping schedule. The Contractor shall perform all rescheduled work required
inclement weather without additional charge.
When a holiday occurs on a regularly scheduled sweeping day, said sweeping area
swept within two days ffrom the regularly scheduled sweeping day without intemptic
regular sweeping schedule. Holidays shall be designated by the Contractor and app
the Community 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 complc
services prior to the next regularly scheduled date or give the City credit for that work at
mile rate specified in Section II COMPENSATION. Adjustments for streets deferred and r
prior to this deadline will be shown separately on the monthly invoice. The 2 C
adjustment provision specified in Section 11 COMPENSATION does not apply in this Ci
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\ The Contractor may be required to submit reports at no additional cost as requestec
Community Services Director concerning sweeping schedules and other related matte
may include a list of all streets being swept with an accurate break down of the number
per street. Should a specific request for information place undue burden upon the COI
he may request compensation for said request and the Community Services Dire
negotiate fair compensation.
Should streets or portions thereof be omitted due to driver error, the Contractor shal
sklpped areas within 24 hours following notice from the City.
All streets shall be clean and free from debris to the satisfaction of the Community !
Director or his designee upon completion of the sweeping. Any streets that do not r
satisfaction of the Community Services Director will require additional passes at no additic
to the City.
v. EQUIPMENT AND LABOR
Contractor shall use and furnish at his own expense, all labor, equipment and r
necessary for the satisfactory performance of the work set forth in this agreement. Cc
shall use standard heavy street sweeping equipment as is necessary to clean the stree
City of paper, dirt, rocks, and debris. The machinery and equipment used by the Cont
the furtherance of this agreement shall be modern, clean and maintained in proper
condition at all times consistent with the current standards of the industry and subjet
approval of the Community Services Director.
The Contractor shall supply the City with an up-to-date list of the equipment being uses
sweeping operation, inchding make, model, year and any other pertinent information.
herein shall preclude the Contractor from substituting other equal equipment due to mair
or other factors upon prior notice to and approval of the City. All equipment shall be i
for inspection by the City upon 24 hour notification to the Contractor. Equipment use
Contractor for work to be done under this agreement shall not exceed four years in agc
certification is presented to and approved by the Community Services Director that eq
has been completely overhauled and/or rebuilt.
All streets will be swept with vacuum-type sweeping equipment except those specifie
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 conf
with the frequency as outlined in proposals #I and #2 and shall be approved by the CO
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
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provided such change is approved by the Community Services Director. The hours durir
the sweeping shall be performed shall be at the discretion of the Contractor with the s
of the Community Services Director. The Contractor may be required to do early
sweeping on certain major streets and downtown village areas. The Contractor :
responsible to notify residents of the sweeping schedule and any changes in the s(
including holidays. No sweeping will occur prior to 7:OO a.m. in residential areas.
VII. FREQUENCY
A. Proposal #I (current schedule)
4 AI1 residential and commercial areas to be swept one (1) time per mor
4 Entire downtown area to be swept two (2) times per week.
4 All alleys to be swept one (1) time per month.
4 All open striped and raised curb medians to be swept one (1) time pel
4 All bike lanes on Carlsbad Boulevard to be swept one (1) time per wee
broom-type sweeper unless otherwise approved. Areas along C
Boulevard that require additional passes due to abnormal accumulation
and debris will be considered special work of an extraordinary nat
compensation will be at the hourly rate specified in Paragraph 2.
4 All posted streets to be swept during the indicated time periods.
4 Estimated curb miles per month is 585.
B. Proposal #2 (enhanced schedule)
4 All residential and commercial areas to be swept two (2) times per mo
4 Entire downtown area to be swept three (3) times per week.
4 All alleys to be swept two (2) times per month.
4 All open striped and raised curb medians to be swept one (1) time pel
4 AI1 bike lanes on Carisbad Boulevard to be swept one (1) time per wee
broom-type sweeper unless otherwise approved. Areas along C
Boulevard that require additional passes due to abnormal accumulation
and debris will be considered special work of an extraordinary nat
compensation will be at the hourly rate specified in Paragraph 2.
4 All posted streets to be swept during the indicated time periods.
4 Estimated curb miles per month is 1,117.
VIII. DEBRIS DISPOSAL
Contractor shall dispose of all refuse collected by hauling the same to legally establish
waste disposal facilities as approved by the Community Services Director. Transfer p
storage of sweepings must be approved by the Community Services Director and sh,
case be stored in the City in excess of 24 hours. The City will not compensate the Cc
for debris costs accrued from disposal sites not approved by the Community Services
prior to use.
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IX. WAER
The Contractor shall make all necessary arrangements through the proper water district *
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 construc
the effective date of this agreement, other streets or alleys, or parking lots, any a
sweeping which is required of Contractor shall be paid for at the curb mile rate, as spt
Paragraph 2. Any special sweeping required by the Community Services Directc
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 ti
sweeping equipment used in the performance on the work, which signs shall be visible frc
sides of the vehicles and shall read "Under Contract to the City of Carlsbad."
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 subje
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 securii satisfactory to the City. Said corporate
shall be duly authorized to do business in the State of California. Said Performance Bo
be equal to one hundred percent (100%) of the estimated amount of the Contract.
X111. FUTURE ADJUSTMENTS TO CONTRACT PRICES AND WORK QUANTITY
The City reserves the right to add or delete streets to be serviced at any time througl
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 la^
equipment as dictated by market conditions.
Periodically, during the course of this agreement, circumstances may arise that afl
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 City 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 1
Manager for final approval.
Should adjustments to Paragraph IV, Duty of the Contractor, be required, the City shall nl
Contractor in wriiing of the requested modification and any associated costs. The Co
will have ten working days within which to approve the change. If both parties agret
modified duties and/or modified unit cost, an amendment to the agreement will be prepa
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submitted to the City Manager for final approval. If the Contractor does not agree to the I
modifications, the Clty shall have the option of terminating this contract upon 30 day:
notice to Contractor.
XIV. CANCELLATION CLAUSE
If Contractor refuses or fails to prosecute the agreement or any separable part thereof w
diligence as will ensure its completion within the time specified by the City or any e:
thereof, or fails to compleia such work within such time, or if Contractor should be a(
bankrupt, make a general assignment for the benefit of creditors, or if a receiver sh
appointed on account of Contractor’s insolvency, or if Contractor or any subcontractor:
any of the provisions of this agreement, or if Contractor fails to make prompt payr
materials or labor or if Contractor persistently disregards laws, ordinances, or instruction:
City may serve wriien notice upon the Contractor and Contractor’s surety of its inte
declare this agreement in default, said notice to contain the reasons for such intention to
a default, and unless within ten (10) days after the service of such notice, such violatic
cease and satisfactory arrangements for the corrections thereof be made, this agreemc
upon the expiration of said time, be in default.
Upon such default, City shall serve wriien notice thereof upon the surety and Contracl
surety shall have the right to (1) take over and perform this agreement or (2) deposit li
the amount herein below described.
If the surety does not within fifteen (15) days after the serving upon it of a Notice of Defa
City wriien notice of its intention to take over and perform this agreement or does not cor
performance thereof within thirty (30) days from the date of City’s notice, City may take
work and prosecute the same to the extent of completion it deems necessary by contrz
any other method it may deem advisable for the account and at the expense of Contrac
the surety shall be liable to the City for any cost or other damage and in such event C
without liability for doing so, take possession of and utilize in completing such WOI
equipment, and other pmperty belonging to Contractor that may be on the site of the u
be necessary therefor. Should surety fail to take over and diligently perform the agreemf
Contractor’s default, surety agrees to promptly on demand, deposit with City such amoun
may reasonably estimate as the cost of completing all Contractor’s obligations. For a
work that City elects to complete by furnishing its own employees, materials, to
equipment, City shall receive reasonable compensation thereof including costs of supervi:
overhead.
XV. HOLD HARMLESS AND INDEMNIFY
The City, its agents, officers and employees shall not be liable for any claims, liabilities, p‘
fines or any damage to goods, properties or effects of any person whatever, nor for [
injuries or death caused by, or resulting from, or claimed to have been caused by, or I
from, any act or omission of Contractor or Contractor’s agents, employees or represel
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 1
any cost and expense that is incurred by the City on account of any of the foregoing li
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including attorneys’ fees, unless the liability or claim is due to, or arises out of, . negligence of the City,
XVI. STATUS OF ME CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own wi
independent contractor and in pursuit of Contractor’s independent calling, and nc
employee of the City. Contractor shall be under control of the City only as to the res
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 Cc
pursuant to this contractor shall be the full and complete compensation to which Coni
entitled pursuant to this contract, The Clty shall not make any federal or state tax with
on behalf of the Contractor. The City shall not be required to pay any workers’ comp
insurance on behalf of the Contractor. The Contractor agrees to indemnify the City for
retirement contribution, social security, payment of wages or workers’ compensation
which the City may be required to make on behalf of Contractor or any employee of Cc
for work done under this agreement.
The Contractor shall be aware of the requirements of the Immigration Reform and Contl
1986 (8 U.S.C. Sec. 1 101 - 1525) and shall comply with those requirements, including
limited to, verrfying the eligibility for employment of all agents, employees, subcontracl
consultants that are included in this agreement.
XVII. SUBCONTRACTING AND ASSIGNMENT
The Contractor shall neither subcontract nor assign any obligation or interest in this as
without the prior written approval of the City.
XVIII. PROHIBITED INTEREST
No official sf the City who is authorized in such capacity on behalf of the City to negotiat
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 pati
No officer, employee, attorney, or inspector of or for the City who is authorized in such
and on behalf of the City to exercise any executive, supervisory, or other similar fun
connection with the performance of this contract shall become directly or indirectly ir
personally in this contract or any part thereof.
XIX. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any office, agent, or employee of the C2
before, during, or after the execution of this contract, shall affect or modfy any of the
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’ COMPENSATION
A. Contractor shall procure and maintain for the duration of the contract insurance
claims for injuries to persons or damage to property which may arise fro1
connection with the performance of the work hereunder by the Contractor, his
representatives, employees or subcontractors. Said insurance shall meet th
policy for insurance as stated in Resolution No. 91-403.
1. COVERAGES AND LIMITS - Contractor shall maintain the types of co
and minimum limits indicted herein:
a. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodily inj
property damage. If the policy has an aggregate limit, a I
aggregate in the amounts specified shall be established for the
which the City or its agents, officers or employees are ac
insured.
b. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily inj
property damage. In addition, the auto policy must cover an\
used in the performance of the contract, used onsite or offsite,
owned, non-owned or hired, and whether scheduled or non-scl
The auto insurance certificate must state the coverage is for “a
and cannot be limited in any manner.
C. Workers’ Compensation and Employers’ Liability Insurance:
Workers’ compensation limits as required by the Labor Cod’
State of California and Employers’ Liability limits of $1,000,
incident. Workers’ compensation offered by the State Compc
Insurance Fund is acceptable to the City.
2. ADDITIONAL PROVISIONS - Contractor shall ensure that the PO
insurance required under this agreement contain, or are endorsed to
the following provisions. General Liability and Automobile Liability Col
. a. The City, its officials, employees and volunteers are to be CO‘
additional insured as respects: liability arising out of activities p(
by or on behalf of the Contractor; products and completed OF
of the contractor; premises owned, leased, hired or borrowel
contractor. The coverage shall contain no special limitation:
scope of protection afforded to the City, its officials, emplc
volunteers.
b. The Contractor’s insurance coverage shall be primary insur
respects the City, its officials, employees and volunteers. Any ir
or self-insurance maintained by the City, its officials, emplc
volunteers shall be in excess of the contractor’s insurance and
contribute with it.
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, C. Any failure to comply with reporting provisions of the policies SI
affect coverage provided to the City, its officials, employ
volunteers.
d. Coverage shall state that the contractor's insurance shall
separately. to each insured against whom claim is made or
brought, except with respect to the limits of the insurer's liabilit!
3. "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims
basis, coverage shall be maintained for a period of three years follow
date of completion of the work.
4. NOTICE OF CANCELLATION - Each insurance policy required I
agreement shall be endorsed to state that coverage shall not be nonre
suspended, voided, canceled, or reduced in coverage or limits except aft
(30) days' prior written notice has been given to the City by certified mai'
receipt requested.
5. DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS
deductibles or self-insured retention levels must be declared to and a):
by the City. At the option of the City, either: the insurer shall re(
eliminate such deductibles or Self-insured retention levels as respects t
its officials and employees; or the contractor shall procure a bond guara
payment of losses and related investigation, claim administration and (
expenses.
6. WAIVER OF SUBROGATION - All policies of insurance required unc
agreement shall contain a waiver of all rights of subrogation the insul
have or "nay acquire against the City or any of its officials or employee
7. SUBCONTRACTORS - Contractor shall include all subcontractors as
under its policies or shall furnish separate certificates and endorsemi
each subcontractor. Coverages for subcontractors shall be subject to E
requirements stated herein.
0. ACCEPTABILITY OF INSURERS - Insurance is to be placed with insul
have a rating in Best's Key Rating Guide of at least A-:V, and are authc
transact the business of insurance by the Insurance Commissioner ut
standards specified in by the City Council in Resolution No. 91-403.
9. VERIFICATION OF COVERAGE - Contractor shall furnish the C
certificates of insurance and original endorsements affecting coverage I
by this clause. The certificates and endorsements for each insurance p(
to be signed by a person authorized by that insurer to bind coverag
behalf. The certificates and endorsements are to be in forms approve(
City and are to be received and approved by the Clty before work comr
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10. COST OF INSURANCE - The Cost of all insurance required und
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 frc
effects of drugs and alcohol consistent with the directives of the Drug Free Wot
Act. As a condition of this agreement, the Contractor and the Contractor's em[
shall assist in meeting the requiremeats of this policy as set forth in the YXy of C;
Drug and Alcohol Use Policy" incorporated by reference herein.
B. Contractor agrees that the Contractor and the Contractor's employees, while perf
service for the City, on City property, or while using City equipment will no
possession of, use, or be under the influence of drugs or alcohol.
C. The Contractor has the duty to inform all employees or agents of the Contractor *
performing senrice for the City on City property or using City equipment of thm
objective of a safe, healthful and productive workplace and the prohibition of
alcohol possession, use or impairment from same while performing such servicc
city.
D. The City has the right to terminate this agreement and any other agreem
Contractor has with the City if the Contractor or Contractor's employees are detc
by the Community Services Director or his representative to have breact
provisions of Section XXI herein as interpreted and enforced pursuant to the prc
of the City of Carlsbad "Drug and Alcohol Use Policy" incorporated by reference
XXII. ACCEPTANCE OF PUBLIC FACILITIES "AS IS"
A. Contractor acknowledges having examined the public facilities to be mai
pursuant to this agreement and accepts them "as is." No changes in the a(
conditions of the facilities shall be made by Contractor without prior approva
Community Services Director or his designee.
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XXIII. CITY PERMITS
A. The Contractor must have a current City business license. Bidders are ad\
consult the Business License Supervisor as to the exact cost of such licens
currently licensed.
Executed this s day of I19 95 .
CONTRACTOR: CITY OF CARLSBAD, a municipal
R.F. DICKSON COMPANY, INC.
(name of Ccptractor)
By: /A2-h.L
(sign here)
STEVEN L. DICKSON - (print name herzj
ATTEST:. %&I C F%LT2&tant
P1IFSIDEtJT, R.F. DICKSON CO.,INC.
(title and organizzon of signatory) -
By: &fl&L 27
(sign here)
SCOTT B. DICKSON
(print name here)
SECRETARY, R.F. DICKSON CO., INC.
(title and organization of signatory)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer '
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering i
to bind the corporation.)
APPROVEDASTOFORM:
RONALD R. BALL
City Attorney
BY
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Countyof LOS ANGELES @r RIGHT THUMBPRIN
II On 11/30/95 before me, LORETTA E. PETERS ,NOTARY PUBL1,C I 1;
(DATE) (NAME. TITLE OF OFFICER - I.E.. -JANE DOE. NOTARY PUBLIC") 11 personally appeared STEVEN Le DICKSON, SCOTT B DICKSON I CAPACITY CLAIMED 1
(NAME(S) OF SIGNER(S)) 0 lNDIVIDUAL(SI 6 CORPORATE @
@ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 AlTORNEY IN FA
to be the person@) whose name(s) is/are sub- 0 TRUSTWS)
scribed to the within instrument and acknowledged 0 GUARDIAN/CON to me that helshelthey executed the same in 0 OTHER:
R.F. DICKSOE
AmENTlON NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unau
THIS CERTIFICATE
MUST BE ATTACHED Title or Type of Document CARLSBAD CONTRACT & PERF - BO1
Date of Document
WoLcOns 6RM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACI~/REPRESENTATION/FINGERPRINT-Re~. 12-92
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PERFORMANCE BOND Bond No. CA 704546
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolut 95-330 , adopted NOVEMBER 22, , 1995, has awardec
R. F. DICKSON COMPANY 1 (hc
designated as the "Principal"), a Contract to provide street sweeping services in the City of Car
strict conformity with the contract, the drawings and specifications, and other Contract Documc
on file in the Office of the Citg Clerk of the City of Carlsbad, all of which are incorporated herei
reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms therec
the furnishing of a bond for the faithful performance of said Contract;
NOW, THEREFORE, WE, R. F. DICKSON COMPANY , as Principal, (he
designated as the "Contractor), and Merchants Bondiq Company ,a
are held and firmly bound unto the City of Carlsbad, in the sum ofElGHTY TWO THOUSA
EIGHT HUNDRED FORTY SEVEN &76/00Dollars ($ 82,847.76 ), said SI
equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to t
certain attorney, its successors and assigns; for which payment, well and truly to be made,
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severa
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, th
executors, 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
thereof made as therein provided on their part, to be kept and performed at the time and in th
therein specified, and in all respects according to their true intent and meaning, and shall indel
save harmless the City of Cartsbad, its officers, employees and agents, as therein stipulated,
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 specified there
shall be included costs and reasonable expenses and fees, including reasonable attorn4
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the te
Contract, or to the work to be performed thereunder or the specifications accompanying the s
affect its obligations on this bond, and it does hereby waive notice of any change, extensio
alterations or addition to the terms of the Contract, or to the work or to the specifications.
*TEE EFFECTIVE DATE OF THIS BOND Is 12-1-95 THROUGH 6-30-96t
t\users\hheis\wdpa!a\cn~9508022.001
B)
Rev.
0
.; m.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor :
exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 28th Executed by SURETY this 28th da!
day of November J 19%. of November , 19&C
CONTRACTOR: SUREIY:
R.P. Dickson Company, Inc. Merchants Bonding Company
(Name of Contractor)
d’
(Name of Surety)
c/o Lesron Insurance Agency, Inc.
1440 N. Harbor Blvd., f610 Lk Fullerton. CA 92635
(sign here) (Address of Surety)
STEVEN L. DICKSON 714-441-2722
(print name here) (Telephone of Surety)
PRESIDENT, R.F. DICKSON CO.,INC. By: flflq&;/”
(title and organization of signatory) Signature of Attorney-in-Fact/
By: $&BaQL Matthew R. Dobyns
(sign here) Printed name of Attomey-in-Fact
SCOTT B. DICKSON (attach corporate resolution showing current power
(print name here) attorney)
SECRETARY, R.F. DICKSON CO., INC.
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If Only one Office1
corporation must attach a resolution certified by the secretary or assistant secretary under corporate Seal empowerin<
to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
t\users\hheis\wd~\cntl9506022.001 Rev. f
Q 0
e 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
California
before me, .Mary Angel - Notary Public
DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC
personally appeared Matthew R. Dobyns
personally known to me - OR - proved to me on the basis of satisfactory evi
NAME(S) OF SIGNER(S)
to be the person(@ whose name0
the same in his
capacityw, and that by his/-
signature(@ on the instrument the per!
or the entity upon behalf of whic
person(PI) acted, executed the instrL
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 co1 fraudulent reattachment of this form.
CAPACITY CLAIMED BY SlGNER DESCRIPTION OF ATTACHED DOC'
TULE OR TYPE OF DOCUMEN-
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES)
Merchants Bonding Company SIGNER(S) OTHER THAN NAMED i
0
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave.. P.0. Box 7184 * CanOga
0
a- m
Merchants Bonding Company R/Iurual)
\ POWER OF ATTORNEY
Know All Men By These Presents. that the MERCHANTS BONDING COMPANY (Mutual). a corporation duly organized under the laws of the State of Iwa, and having as principal mice in the city of Des Moines. County of Polk. State Of I-. harh made. constituted and appointed. and does by these presents make, mnslitlite and appoint
**'kLES FlAiiITLE***MA'I'THZW R. iOBY?JS***
of FULLERTON and Slate of CA its true and lawlul Attorney-in-Fact. wilh full powsr
and authority hereby conlened in its name. place and stead. to sign. execule. ackmiadge and deliver in its beha8 8s surety:
***ONE MILLION DOLLARS ($1r000~000.00)***
signed by the duly authorized offiarr ol the MERCHANTS BONDING COMPANY (Mutual), and all the acts 01 said Attorney. pursuant to and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or underlaking was
me authority herein given, are hereby ratified and confirmed.
the MERCHANTS BONDING COMPANY (Mutual). This Pweraf-Anorney is made and executed putxuant to and by autiwrity of the following By" adopted by the Board of Directors of
ARTICLE 2. SECTION 8. - The Chairman of the Board or President or any Vice President or Secretary shall heve power and
authority lo appoint Anomy-in-Fm. and to aulborize them to execute on behatf of the Company. and attach the seal of the
Com~nythereto,bondsandundertakings,recognizances.mntractrofindemnityandotherwriiingsobligntoryinthenature~er~.
ARTICLE 2. SECTION 9. - The signature of any authorized officer and the Seal of he Company maybe affixed by facsimile to any Power of Aitomey or Certificalion thereof authorizing the execution and delivery of any bond, underlaking. recognizance. or other
suretyship obligations of the Company. and such signature and seal when 50 used shall have the me force and effect BS though manually fixed.
In Witness Whereof. MERCXANTS BONDING COMPANY IMutual) has caused ttwse presents to be signed by its Wce Prestdevt and
President. and its corporate seal to be hereto affixed. this 25th day of August A.D.. 19 93
Attest: MERCHANTS BONDING COMPANY (Mutual) . - . -.. *. . .x) ' '*.c .- . - : ,?;:; .). * -.
V!i!!!P
- c.' pl'r , .+ ..\. .-.- 4 .
BY dpGL+ k.' -: < .
I.
- Id 152: .5 - .;. -/).-.A ;:. . -. - ..
STATE OF IOWA' COW" OF POLK 8s.
. Lk . ".. &, .- -,*;-- -...-.-
On this 25th dq of August . 19 93 . before me appearad MJ. bng and
W.G. Brundage, to me gemnally knm. who being by me duly 8Wom did say that they are Vice President and SecretaryfTmasumr
respecliwly of the MERCHANE BONDING COMPANY (Mutual). the curporntion described in the foregoing instrument. and that the &a1 aflixed to the said instrument is the Corporale Seal of the said Corpocation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board d Diredors.
In Testimony Whereof. I haw hereunto 661 my hand and affixed my Official Seal. at the City of Des Wines. Iowa the day and year first
above written.
".**-.*
e** **e
e- \LY r! 8 -0- : e ...a ..." OL . : -. r= t- :* ". 0 : -w Nmv PvMC. Wk Camr): m
: t IOWA i : Y" CQmnn.hm DM. : z s .-d
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-. 11-4-95
*e op"'--.~"*~~v i STATE OF IOWA = -e 401~~ .-* COUNTYOFPOLK =.
1, M.J. Long. Vca President ofthe MERCHANTS BONDING COMPANY (MvtUd). do herobyceqthel @hS &we and foregoing is a true and correct mpy of t~ POWER OF AITORNEY, executed by sa^ MEFGW~~WDING . niJ . . .. -w?. COMPANY (Mutual). which is still in fom and effect.
In Wmss Whed. I have hereunto set my hand and affixed the soal oi the Company. at kS Moi$z%&wowa q; 2, *.
this 28th dayd November 19. 95 #;?. =$
- 9 _. c- rb4, "4 '-
.3 ' Q/ *-/- ha. *
ms power ol Bttomey qires December 31,1895. -. ;ir;. . . . , , . . -. *.-....-
MB 96 0 e
1 A
RIGHT THUMBPRI
State df CALIFORNIA
Countyof LOS ANGELES 1 r I1 On 11/30/95 before m$ORETTA E. PETERS, NOTARY PUBLIC I 1 1;
(DATE) (NAME. TITLE OF OFFICER - LE.. "JANE DOE. NOTARY PUBLIC']
personally appeared STEVEN L. DICKSON, SCOTT B. DICKSON
m CORPORATE 2
CAPACITY CLAIMED
(NAME(S) OF SIGNER(S)) 0 INDIVIDUAL(S)
OFFICER(S~~
gl persona([y known to me - OR - 0 proved to me on the basis of satisfactory evidence * *TTORNEY " ' * 0 PARTNER(S)
to be the person(s) whose name(s) is/are sub-
0 OTHER: - ~~..~~a~assrurn~..~~.~~~ to me that he/she/they executed the same in 0 GUARDIAN/COI scribed to the within instrument and acknowledged
0 TRUSTEE(S)
m his/her/their authorized capacity(ies), and that by
W Cc%W. #io24618 Dperson(s), or the entity upon behalf of which the 2 tZ0TmY PUBLIC. CA.LIFORN~A gperson(s) acted, executed the instrument. SIGNER IS REPRESI
a LoRETTA E. PETERS : his/her/their signature(s) on the instrument the
#"
(NAME OF PERSON(S) OR E
E Los ANGELESCOUNfY ."Witness my hand and official seal. 7 -R.F. DICKS( W Comrn. Expires ray 28.1998 r ~.~~~.~~.~~~~auage~p~~~ 1 .I. f")
(SEAL) (SIGNATURE OF NOTARY)
A~ENT~ON NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any una'
THIS CERTIFICATE Title or Type of Document CARLSBAD CONTRACT & PERF. BO1
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
Number of Pages Date of Document
WOLCOllS 6RM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACIN/REPRESENTATION/FlNGERPRINT-Rev. 12-92
0 e