HomeMy WebLinkAboutRepublic ITS Inc; 2011-11-17; CTD570PUBLIC WORKS
LETTER OF AGREEMENT
cTd570
This letter will serve as an agreement between REPUBLIC IINTELLIGENT TRANSPORTATION SERVICES
INC a Corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment,
material and labor necessary to complete project number cTdSTO for STREET LIGHT WIRE VANDALISM
REPAIRS ON LA COSTA AV BETWEEN 1-5 AND EL CAMINO REAL, per the Contractor's proposal dated
October 13. 2011 and City specifications, for a sum not to exceed FOUR THOUSAND THIRTY-FIVE dollars
and ZERO cents ($4,035.00). This work is to commence upon issuance of a Purchase Order and is to be
completed within ninety (90) calendar days thereafter.
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, 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 City; 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 City.
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 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 City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, 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, GQV|rnrnW CoddT'&ections 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, else^./^lW^J init y I— init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of
Carlsbad to disqualify the Contractor from participating in contract biddinjy-^yrtJl} init \~Y~ 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 City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supercedes the
provisions of the California Labor Code when the public work is not a statewide concern. Payment of
prevailing wages is at contractor's discretion.
Revised 9/28/00
9. Contractor will incorporate and comply with all applicable Best Management Practices (BMPs) during the
completion of this agreement. All work must be in compliance with the San Diego Regional Water Quality
Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban
Runoff Management Plan (JURMP) incorporated herein by reference.
The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure
compliance, training of staff and experience in compliance with environmental regulations.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND
RETURN TO:
Nick Rogue
(Project Mgr)
cTd / Streets
(Department)
Republic Intelligent Transportation Svcs Inc
(Name of Contractor)
(Sign Here)
j im.wagner@siemens.com
(E-mail Address)
^ (Sign Here)
mario.mattern@siemens.com
(E-maiLMflress)
405 Oak Av
(Address)
Carlsbad. CA 92008
C10, A. C31.D31 647154
(Contractor's License Number)
James A. Wagner, VP Engineering
(Print Name and Title)
Mario Mattern, CFO
(Print Name and Title)
11/17/11
Department Head Date
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign
for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
Ber3ufy"City Attorney
„ 2 -Revised 9/28/00
Republic ITS
Intelligent Transportation Services
A Siemens business
October 13,2011 VIA: E-MAIL
Heidi Versteeg
City of Carlsbad
Job Name: Repair Street Light Circuits
Job Location: La Costa Ave Between Interstate 5 and El Camino Real
We propose to perform die following work, on the terms and conditions stated below and on die reverse side
hereof, and at the prices shown, as follows:
As per your request Republic is pleased to offer the following price for pulling City of Carlsbad supplied wire to
repair street lighting circuits where wiring was stolen again. Hie price will be as follows for labor and equipment
and splicing material to reenergize vandalized street lighting circuits.
Material, Labor & Equipment $ 4,035.00
This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time 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 a copy of this
offer duly signed by you in the space provided.
The foregoing offer is hereby accepted this day of , 2011
CITY OF CARLSBAD REPUBLIC ITS
By: Jeff Pierce
Tide: Project Manager
(619)5621104 • (619)562-1125 • 1820 John Towers UINLI. • Si n 1 \ • la C \JON, C.\ 92020
BOSTON « DALLAS • Lo.s ANC.I.I.I s • SACRXMI.NTO • SAN Dirco • S\N I*'R\NCISCO
Republic Intelligent Transportation Services, Inc.
UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS
OF REPUBLIC INTELLIGENT TRANSPORTATION SERVICES INC.
The undersigned, constituting the entire Board of Directors of Republic Intelligent Transportation
Services, Inc., a corporation organized and existing under the laws of the State of California (the
"Corporation'"), acting in lieu of a meeting, HEREBY APPROVE AND CONSENT to the adoption of the
following resolutions:
WHEREAS, it is the intention of the Board of Directors to appoint and maintain officers of the
Corporation to manage the daily operations of the Corporation; and
WHEREAS, it is the intention of the Board of Directors to authorize the officers of the Corporation
to execute bonds, contracts, bids, legal, and other documents as may become necessary for the
Corporation to transact its business.
NOW, THEREFORE, BE IT RESOLVED that it is
RESOLVED, that effective as of August 10, 2011, the officers of the Corporation are as follows:
Oliver Hauck Chairman
Wade White President and CEO
Mario Mattern Vice President, CFO and Assistant Secretary
Dennis Walther Vice President
James Wagner Vice President
Dirk Glaser Vice President and Assistant Secretary
Dan Hislip Secretary
Phillis Ing Assistant Secretary
Beverly Pacansky Assistant Secretary
Lonnie Ellis Assistant Secretary
RESOLVED, that the officers of the Corporation be duly authorized to legally bind the Corporation
through the execution of bonds, contracts, bids, legal, and other documents as may become necessary
from time to time in order for the Corporation to transact its business.
RESOLVED, that any actions taken by the officers of the Corporation prior to 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 Corporation.
SIGNED, this May 31, 2011, by the Board of Directors, in its entirety, as follows:
^— —---^j-— <^ & —)
C—Olfvcr Hiftck, Chairing
L"<A \\fl.
arlo Mattem
Terry Heath Martin Schnltz
BOSTON • DALLAS • HOUSTON • Los ANGELES • MIAMI • PHILADELPHIA
PHOENIX • SACRAMENTO • SAN DIEGO • SAN FRANCISCO • SAN JOSE