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Home My WebLink AboutREPUBLIC ITS; 2012-01-13; CTD572PUBLIC WORKS LETTER OF AGREEMENT cTd572 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 cTd572 for PERMANENT REPAIR OF STREET LIGHT KNOCKDOWN AT OAK & WASHINGTON, per the Contractor's proposal dated Julv21, 2011 and City specificafions, for a sum not to exceed FOUR THOUSAND THREE HUNDRED EIGHTY-FIVE dollars and ZERO cents ($4.385.00). 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 indirecfiy 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, resulfing directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the acfive negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for lifigafion, arbitrafion, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensafion 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 Besfs Key Rafing 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 Compensafion laws (Division 4, California Labor Code) and the "Immigrafion Reform and Control Act of 1986" (8USC, Secfions 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 penalfies for the filing of false claims as set forth in the California False Claims Act, ^Sto^rrVnent Co|d^ecfions 12650, et seq.. and Carlsbad Municipal Code Secfions 3.32.025, et sea^ init \_ h—• init 6. The Contractor mfeby acknowledges that debarment by another jurisdiction ik grom^ls for the City of Carlsbad to disqualify the Contractor from participafing in contract biddina^\rrUJ^ init V )'•— init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolufion 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 discrefion. - 1 - Revised 9/28/00 9. Contractor will incorporate and comply with all applicable Best Management Pracfices (BMPs) during the complefion 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 ufilized 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 Roque (Project Mgr) cTd / Streets (Department) 405 Oak Av (Address) Carlsbad, CA 92008 Republic Intelliqent Transportation Svcs Inc (Name of Contractor) VZIT (Sign Here) j im.wagnerOsiemens.com (E-mail Address) CIO. A.C31.D31 647154 (Contractor's License Number) James A. Wagner, VP Engineering (Print Name and Tifie) (Sign Herfe) mario.matternOsiemens.com Mario Mattern, CFO (Print Name and Title) /2Ar7/// Date (Proper notarial acknowledgment of execufion 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 corporafion.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City Attorney Revised 9/28/00 Republic ITS Intelligent Transportation Services July 21,2011 VIA: E-MAIL MarcKratzer City of Carisbad Job Name: Damaged Street Lig^t Replacement Job Location: Oak St @ Washington We propose to perform the following wodc, on the terms and conditions stated below and on the reverse side hereof, and at the prices shown, as follows: Reccndy on 7/11 /2011 we received a call out to the above mentioned location for a street li^t having been hit and damaged and in need to be taken down immediately. So we took down the damaged street li^t pole and secured the power in the pull box and cut up and hauled away the damaged pole. At this time we are requesting your approval to reinstall the pole and con^lete the permanent repairs, we will bill die preliminary work immediately and upon your approval order a new pole and install when it arri\'es. The price will be as follows. Preliminary Work: Removal of pole with crane securing of power, cut up of pole and haul away to land fill. Matehai Labor & Equipment $1597.50 ^*^^^{ Permanente Repairs: Installation of new pole and wiring and reuse induction fixture. Mateaal, Labor 8c Equipment $4,385.00 This offer shall expire 60 days firom the date hereof and may be withdrawn by us at any time prior tliereto with or without notice. This offer siqjersedes 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 herebj' accepted this day of , 2011 CITY OF CARLSBAD REPUBLIC ITS By: Jeff Pierce Title: . Project Manager (619) 562-1104 • (619) 562-1125 • 9932 PR().'-PI.i:v AVi.NL'I • SLITI li4 • SANIl l . CA 9207 1 BCSTON • ID.M.I A.S • Los ANOI.I.I .S • S.\< R.\M1 NTO • S.\N Dll CO • S.VN I'K \N( C> 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 Califomia (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, thaf effective as of August 10, 2011, the officers ofthe Corporation are as follows: Oliver Hauck Wade White Mario Mattern Dennis Walther 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 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 Coiporation. SIGNED, this May 31, 2011, by the Board of Directors, in its entirety, as follows: •"-"Oliver H^ijck, Cliairm^i Mario Mattem Terry Heath Martin Schiiltz BOSTON • DALLAS • HOUSTON • Los ANGELES • MIAMI • PHILADELPHIA PHOENIX • SACRAMENTO • SAN DIEGO • SAN FRANCISCO • SAN JOSE