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Home My WebLink AboutRepublic ITS; 2011-10-18; CTD565PUBLIC WORKS LETTER OF AGREEMENT cTd565 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 cTd565 for AS-NEEDED USA MARKOUT SERVICES, per the Contractor's proposal dated August 1. 2001 and City specifications, for a sum not to exceed FIVE THOUSAND dollars and ZERO cents ($5.000.00). This work is to commence upon issuance of a Purchase Order and is to be completed within three hundred sixty-five (365) 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 civjl penalties for the filing of false claims as set forth in the California False Claims Act, Government Code^LdftliMis 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, etseq. \/C init / )"w init 6. The Contractor heretw/acknowledges that debarment by another jurisdiction is' groundsflfar Jthe City of Carlsbad to disqualify tne Contractor from participating in contract bidding. I/ initX'y ^init fr. ^1. 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. 9. Contractor will incorporate and comply with all applicable Best Management Practices (BMPs) during the - 1 - Revised 9/28/00 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) Facilities Maintenance 405 Oak Av Carlsbad. CA 92008 (Department) (Address) Republic Intelligent Transporation Services, Inc. dha REPUBLIC ITS C10.A. C31.D31 647154 (Name of Contractor) (Sign Here) j im.wagner@siemens.com (Contractor's License Number) James A. Wagner, VP Engineering (Print Name and Title) By: il Address) ign Here) dirk.glaWer@siemens.com (E-mail Address) •//X2 Dirk Glaser, Asst. Secretary & VP (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 officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy C"Tty Attorney Revised 9/28/00 Republic ITS Intelligent Transportation Services A Siemens business August 12, 2011 VIA: E-MAIL Heidi Versteeg City of Carlsbad Job Name: Labor & Equipment Rates for Mark Outs Job Location: As Needed Various Locations 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: As per your request Republic ITS is pleased to offer the following pricing for kbor and equipment required to perform mark outs as requested. • Labor $ 65.00 an ht • Service Bucket Truck $ 25.00 an hr 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)562-1104 • (619)562-1125 • 1 820 John Towers AVENUE • SUITE A • EL CAJON, CA 92020 BOSTON • DALLAS • Los ANGELES • SACRAMENTO • SAN DIEGO • SAN FRANCISCO 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 Wade White Mario Mattern Dennis Wai (her James Wagner Dirk Glaser Dan Hislip Phillis Ing Beverly Pacansky Lonnie Ellis Chairman President and CEO Vice President, CFO and Assistant Secretary Vice President Vice President Vice President and Assistant Secretary Secretary Assistant Secretary Assistant Secretary 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 (he 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 Coiporation. SIGNED, this May 31, 2011, by the Board of Directors, in its entirety, as follows: Terry Heath Martin Schultz BOSTON • DALLAS • HOUSTON • Los ANGELES • MIAMI • PHILADELPHIA PHOENIX • SACRAMENTO • SAN DIEGO • SAN FRANCISCO • SAN JOSE