Loading...
HomeMy WebLinkAboutRepublic Intelligent Transportation Services; 2007-05-01;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Republic Intelligent Transportation Services , a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to replace meter pedestal at 2770 Tamarack Ave, per the Contractor's proposal dated 4/5/07 and the District specifications, for a sum not to exceed Three Thousand Six Hundred Thirteen dollars and 67 cents ($)3,613.67. This work is to be completed within 30 calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1 . City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad and the District, and its agents, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the District; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the District. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and employers liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad and the District as a co-insured or additional insured. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the District. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statutes, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government rCodffi sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et secrWMinit init 6. The Contractor hereby acknowledges that debarment by another jurisdiction to grounds for the District to disqualify the Contractor from participating in contract biddinflXnflJ init _ init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the - 1 - Revised 02/11/02 • contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Joe Adams (Project Mgr) Water District (Department) 5950 El Camino Real, Carlsbad, CA 92008 (Address) Republic ITS (Name of Contractor)(Contractor's License Number) (Sign HeVe) (LJL. (Print Nam? and Title) flner <8 republic ITS-0m O (E-mail Address!) By: (Sign Hen / (Print Name and Title) /Gfe(5aftment Head Date If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A: Chairman, President, or Vice-President *Group B: Secretary, Assistant Secretary, CFOor Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: __ Deputy City Attorney^ Revised 02/11/02 Republic ITS MINUTES OF A MEETING OF T lntell'9ent THE BOARD OF DIRECTORS SeSs'0" OF REPUBLIC ITS (The Company) A meeting of the Board of Directors of the Company was held at the principal office of the Company on February 07, 2007. All of the Directors of the Company were present. Wade L. White acted as Chairman of the meeting and Jeffrey L. Asch acted as Secretary of the meeting. The Chairman announced that the purpose of the meeting was to appoint officers of the Company, and to authorize its officers to execute bonds, contracts, bids, legal, and other documents necessary for the Company to transact its business. After full and complete discussion, the following recitals and resolutions were adopted: WHEREAS, it is the intention of the Board of Directors to appoint officers of the Company to manage the daily operations of the Company; WHEREAS, it is the intention of the Board of Directors to authorize the officers of the Company to execute bonds, contracts, bids, legal, and other documents necessary for the Company to transact its business. NOW, THEREFORE, BE IT RESOLVED, that the following be appointed as officers of the Company: Wade L. White as President, Dennis L. Walther as Vice President, Jeffrey L. Asch as Vice President & Chief Financial Officer, and James A. Wagner as Vice President. NOW, THEREFORE, FURTHER BE IT RESOLVED, that the following officers be duly authorized to legally bind the Company through the execution of bonds, contracts, bids, legal, and other documents as may become necessary from time to time in order for the Company to transact its business: Wade L. White as President, Dennis L. Walther as Vice President, Jeffrey L. Asch as Vice President & Chief Financial Officer, and James A. Wagner as Vice President. NOW, THEREFORE, FURTHER BE IT RESOLVED, that any actions taken by the officers of the Company prior to the date of the foregoing resolutions that are within the authority conferred thereby are hereby ratified, confirmed and approved as the acts and deeds of this Company. There being no further business to conduct, the meeting was adjourned. 415.884.3000 • Fax 415.884.4800 • 371 Bel Marin Kefs Bfvd, Suite 200 • Novato, CA 94949 BOSTON • DALLAS • Los ANGELES • SACRAMENTO • SAN DIEGO • SAN FRANCISCO Republic ITS Intelligent Transportation Services April 5, 2007 Joe Adams Gty of Carlsbad Water District Job Name: Irrigation Meter Pedestal Replacement Location: 2770 Tamarack Avenue Dear Sir We propose to perform the following work, on the terms and conditions stated below and on the reverse side hereof, and at the prices shown, as follows: Tota/Lump Sum fiep/acement Cost: $3, 613. 67 Includes the following: • Replace existing rusted meter pedestal with new Pacific Utility Products 100 amp pedestal with 20amp single pole circuit breaker. • Install new mounting bolts in existing foundation • Provide proper gounding • Paint address on pedestal • Coordinate with serving utility We currently carry this eo1uipment in stock and can schedule as soon as possible. Not included: SDG&E fees or permit fees This offer shall expire 30 days from the date hereof and maybe withdrawn byus at anytime prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of acopyof this offer duly signed byyou in the space provided. The foregoing offer is hereby accepted this _ day of _ , 2007. CITY OF CARLSBAD WATER DISTRICT REPUBLIC, ITS By: _ Martin Eichmann Title: _ Regional Manager (619)562-1104 • (619)562-1125 • 9932 PROSPECT AVENUE • SUITE 134 • SANTEE, CA 92071 BOSTON • DALLAS • Los ANGELES • SACRAMENTO • SAN DIEGO • SAN FRANCISCO flllrfin