HomeMy WebLinkAboutRobCar Corporation Hudson Safe-T-Lite Rentals Inc; 2007-07-12;AMENDMENT NO. 2_ TO EXTEND THE AGREEMENT FOR
TRAFFIC CONTROL EQUIPMENT SERVICES
RobCar Corporation, d.b.a., Hudson Safe-T-Lite Rental
This Amendment No. 2 is entered into and effective as of the "T™ day of
_, 200_9 , extending the agreement dated July 12. 2007 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and RobCar
Corporation, doing business as Hudson Safe-T-Llte Rentals. Inc.. ("Contractor") (collectively, the
"Parties").
RECITALS
A. The Parties desire to extend the Agreement for a period of (one year; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby
extended for a period of one year ending on July 12. 2010 .
2. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
4. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof of this Amendment.
CONTRACTOR SUPPLIER
(sign here)
CITY OF CARLSBAD, a
corporation pf the^State of Qaliforr,
By:
Robert A. Eichhorst, Vice-President XjC?
(print name/title)
bob@hudsonsafetlite.com
(e-mail address)
*By:
(sign here)
(print name/title)
)RRAINE M.
City Clerk
(e-mail address)
If required by City, 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,
CFO or 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
.Deputy City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES
"RobCar Corporation, d.b.a., Hudson Safe-T-Lite Rental" will provide the following services for the
Carlsbad Triathlon, scheduled for July 12th, 2009, at a cost of $4,995.00:
I. TRAFFIC CONTROL
Provide the following traffic control including setup and tear down.
• 45 traffic control signs mounted on type I barricades
• 6 traffic control signs hi level
• 3 special signs mounted on type III barricades
• 3 fas flashing arrow boards (solar assisted)
• 1 portable message sign (solar assisted)
• 100 no parking barricades (posted by Hudson personnel)
• 415 delineators with bases
• 40 barricades
• 105 traffic cones 28"
NOTE: Devises listed above include, and not limited to those devices shown on
the plans provided us by the City of Carlsbad.
City Attorney Approved Version # 05.22.01
AMENDMENT NO. j_ TO EXTEND THE AGREEMENT FOR
TRAFFIC CONTROL EQUIPMENT SERVICES
RobCar Corporation, d.b.a., Hudson Safe-T-LIte Rental
This Amendment No. 1 is entered into and effective as of the & day of
_, 200_8 , extending the agreement dated July 12. 2007 (the
"Agreement"') by and between the City of Carlsbad, a municipal corporation, ("City"), and RobCar
Corporation, doing business as Hudson Safe-T-LIte Rentals. Inc.. ("Contractor") (collectively, the
"Parties").
RECITALS
A. The Parties desire to extend the Agreement for a period of (one year: and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby
extended for a period of one year ending on July 12. 2009 .
2. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
4. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof of this Amendment.
CONTRACT
(sign here)
Georqina A. Eichhorst, President
(print name/title)
CITY OF CARLSBAD,
corporation of the .State.
By:
(e-mail address)
(signnere)
Ana E. Mendoza, Secretary
(print name/title)
lisa@sandiegoshoring.com
(e-mail address)
LORRAH4E
City Clerk
If required by City, 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,
CFO or 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
^Deputy City Attorney
City Attorney Approved Version #05.22.01
AGREEMENT FOR TRAFFIC CONTROL EQUIPMENT SERVICES
RobCar Corporation, d.b.a., Hudson Safe-T-Llte Rental
IS AGREEMENT is made and entered into as of the _ <*. — _ day of
206)9. by and between the CITY OF CARLSBAD, a municipal
corporation, rcity")- and RobCar Corporation, doing business as Hudson Safe-T-LJte Rentals.
Inc. ("Contractor").
RECITALS
City requires the professional services of a contractor who provides traffic control
equipment and traffic control services. Contractor has the necessary experience in providing
these services, has submitted a proposal to City and has affirmed its willingness and ability to
perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2- Term. This Agreement will be effective for a period of one year from the date first above
written. The City Manger may amend the Agreement to extend it for two additional one year
periods or parts thereof in an amount not to exceed four thousand nine hundred ninety-five
dollars ($4,995) per Agreement year. Extensions will be based upon a satisfactory review of
Contractor's performance, City needs, and appropriation of funds by the City Council. The
parties will prepare a written amendment indicating the effective date and length of the extended
Agreement.
3. Compensation. The total fee payable for the equipment rentals and services to be
performed will be Four thousand nine hundred ninety-five dollars ($4.995) per agreement term.
No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will
be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version #11.26.06
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation, employers
liability insurance, and professional liability insurance from an insurance company authorized to
transact the business of insurance in the State of California which has a current rating in the
Best's Key Rating guide of at least A-:V in an amount of not less than five hundred thousand
dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the
City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage. The insurance will be in force during the life of this
Agreement and will not be canceled without thirty (30) days prior written notice to the City by
certified mail. City will be named as an additional insured on General and Automobile liability.
Contractor will furnish certificates of insurance to the Contract Department, with endorsements to
City prior to City's execution of this Agreement.
7. Conflict of Interest City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with the
Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13- Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
City Attorney Approved Version #11.28.06
EXHIBIT "A"
SCOPE OF SERVICES
Contractor will provide the following traffic control devices, including set-up and removal for
special events occurring within the City of Carlsbad on an as needed basis:
45 - Traffic Control Signs Mounted on Type 1 Barricades
6 - Traffic Control Signs Hi Level
3 - Special signs mounted on Type III Barricades
3 - FAS Flashing Arrow Boards (solar assisted)
1 - Portable message sign (solar assisted)
100 - No parking barricades (posted by Traffic Company)
415 - Delineators w/bases
40 - Barricades (additional)
105 - Traffic cones 28"
Note: Devises listed above include and limited to those devices shown on the TCP plans
provided.
City Attorney Approved Version #11.28.06
14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
Hudson Safe-T-Lite Rentals
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
ity Manager or Mayor
Georqina A. Eichhorst. Pres,
(print name/title)
(e-mail address)
(sign here)
Ana Mendoza, Secretary
(print name/title)
ATTEST:
Lf^FTRAINfi M. WOOD/ T^o^'^VSV^/. _. ./ I v ./>. .• * i^+r *.'s *•fay C\er\U
lisaflsandiegoshoring.com
(e-mail address)
If required by City, 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,
CFO or 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 ity Attorney
)eputy Cify~Aitomey
City Attorney Approved Version #11.28.06