HomeMy WebLinkAboutRepublic ITS; 2011-05-11; TRANS539PUBLIC WORKS
LETTER OF AGREEMENT
TRANS539
This letter will serve as an agreement between REPUBLIC ITS a Corporation (Contractor) and the City of
Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete project
number TRANS539 for REPLACEMENT OF STREET LIGHT ON CARLSBAD VILLAGE PR E/O PONTIAC.
S/S. per the Contractor's proposal dated December 22. 2010 and City specifications, for a sum not to exceed
FOUR THOUSAND ONE HUNDRED THIRTY-TWO dollars and ZERO cents ($4.132.00). This work is to
commence upon issuance of a Purchase Order and is to be completed within one hundred twenty (120)
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, Oojejjijfment Cod/S^ections 12650, et seq., and Carlsbad Municipal Code Sections
"3.32.025, etseoX" init - init^^
6. The Contractor hereby acknowledges that debarment by another juriscficfianis grounds for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. /ndj_ init J^f. init
7. The Contractor agrees and hereby stipulates that the proper venue ano*furisdiction foVresolution 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:
Heidi Versteeq
(Project Mgr)
Transportation / Streets
(Department)
405 Oak Av
(Address)
Republic ITS
(Name of Contractor)
Carlsbad. CA 92008
C10 647154
(Contractor's License Number)
B
(Sign Here)
\TA, VN{ QC
(Print Name and Title)
(E-mairAddress)
(Print Name and Title)
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 officers) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
Revised 9/28/00
A Brighter Solution
371 BEL MARIN KEYS BLVD.
SUITE 200
NOVATO, CALIFORNIA 94949
415.884.3000
415.884.4800 FAX
www.republicits.comRepublic
ITS
|nte|li t MINUTES OF A MEETING OF
Transportation THE BOARD OF DIRECTORS
Services OF REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC.,
a California corporation
(the "Company")
A meeting of the Board of Directors of the Company was held at the principal office of the
Company, in Novato, California on May 10, 2010.
All of the Directors of the Company were present or participated via teleconference. 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; and
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 individuals be
appointed as officers of the Company; Wade L. White as President, Dennis L.
Walther as Vice President, Jeffrey L. Asch as Vice President, Secretary, and Chief
Financial Officer, Jerry Parker as Vice President, and James A. Wagner as Vice
President.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the 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.
NOW, THEREFORE, BE IT FURTHER 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.
BOSTON • DALLAS • HOUSTON • Los ANGELES^ • MIAMI • PHILADELPHIA
PHOENIX • SACRAMENTO • SAN DIEGO • SAN FRANCISCO • SAN JOSE
Republic
ITS
Intelligent
Transportation
Services
December 22, 2010 VIA: E-MAIL
Marc Krateer
City of Carlsbad
fob Name: Replace Knocked Down Street Light Pole
fob Location: Carlsbad Village Drive, E/O Pontiac SS
We propose to perform die following work, on the terms and conditions stated below and on the reverse side
hereof, and at die prices shown, as follows:
Recently on December 21,2010 we responded to call out for a street light knocked down at the above referenced
location. We secured the power and cleaned up die debris and hauled away the pole. At this time we are
requesting your approval to complete die permanent repairs. The price for replacement of the pole, conductors,
and concrete restoration, will be as follows: Light fixture and lamp to be provided by Gift' of Carlsbad,
Preliminary emergency call out will be invoiced separately.
Material, Labor & Equipment $ 4,132.00
This offer shall expire 60 days from die date hereof and may be withdrawn by us at any time prior thereto with or
without notice, lliis 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.
Hie foregoing offer is hereby accepted this . da)' of , __, 2010
Cm' OF CARLSBAD REPUBLIC ITS
Martin Eichmarm
1 itle,.— — Regional Manager
(619)562-1104 • (619)562-1125 • 9932 I'ROSPIX r AVI.SL L - Sun 134 • S\MM
BOSTON - DALLAS • ].o:> ANUU.r..- • SU,R\M!-MO • S\\l)in,o • S \Nrn\0