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HomeMy WebLinkAboutCarollo Engineers Inc. 1st Amendment to Agreement Consultant - 3-7-24 DocuSign Envelope ID: 194B1D67-9EFE-4EC8-93A4-18EAD688D7C6 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT (Contract) is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and RG CONSTRUCTION, a California corporation (Contractor) as follows: 1. Contract Documents. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specifications" including "General Conditions," "Special Conditions," and "Technical Specifications" for the following: Removal of Lead Based Paint and Asbestos Containing Materials Located at 1539 E. Olive Ave Bid File No. 12491566) copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of Thirty-Eight Thousand Nine Hundred Ninety-Five Dollars and zero cents 3$ 995.a0 , as set forth in the Bid Proposal, the Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City's "Engineer," and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. The City accepts the Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law, the Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract. The Contractor's obligations under the preceding sentence shall apply regardless of whether the City or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. If the Contractor should subcontract all or any portion of the work to be performed under this Contract, the Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. GSD-B Informal BC—PWI(07-2023) - 1 - DocuSign Envelope ID: 194B1D67-9EFE-4EC8-93A4-18EAD688D7C6 5. Trench Snaring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker's Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to he insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] GSD-B Informal BC—PWI(07-2023) - 2 - DocuSign Envelope ID:194B1D67-9EFE-4EC8-93A4-18EAD688D7C6 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of the Contractor's, and this Contract shall be binding and effective upon execution by both parties. RG Construction, CITY OF FRESNO, A C �4 grparation a C " cnWawnicipal corporation B Y - By: l�t.cLSsa Rudy E Gonzealez Melissa Perales, Name: Purchasing Manager (Type or print written signature) General Services Department Title- President Dated: 2/29/2024 (If corporation or LLC., Board Chair, Pres., or Vice Pres.) APPROVED AS TO FORM: 2/28/2024 ANDREW JANZ Dated: � ��11rr DacuSipnad by: City Ga.ttac..NY",by: J L,�b -tfn L�Mjhw rb�,�1- 3/11/2024 B —G By: . y. Ge�rnnrsraaeal Rudy E Gonzalez Brandon Collet Date Name Assistant City Attorney (Type or print written signature.) Title: President ATTEST: (If corporation or LLC., CFO, Treasurer, TODD STERMER, CMC Secretary or Assistant Secretary) r Cilty C�igned by: 3/11/2024 Dated: 2/28/2024 By: '�i�na (�et,w' Tina our - Date Deputy Consultant Address: RG Construction Attention: Rudy City address: Gonzalez, President City of Fresno Gon on Bremer Ave. Attention: Timothy Schulz, Associate Environmental & Safety Consultant II Fresno, California 93737 Phone: 559-273-3256 2600 Fresno St. E-mail: rgconstruction93737@gmail.com Fresno, CA 93721 Phone: 559-621-8425 E-mail: timothy.schulz@fresno.gov GSD-B Informal BC—PWI(07-2023) - 3 - DocuSign Envelope ID:19461 D67-9EFE-4EC8-93A4-18EAD688D7C6 ARTICLES OF IPICORPORATION 1711025 OF _ .EZ. r R.G. CONSTRUCTION, INC. AUG 10 19992 ARTICLE I i'Sn�slt `i;i��i Eli, JECfrCc'j'�+.i�G� I The name of this corporation is R.G. CONSTRUCTION, INC. ARTICLE H The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California, other than the banking business, the trust company business, or the practice of a profession permitted to be incorporated by the California Corporations Code. ARTICLE III The name and address in the State of California of this corporation's initial agent for service of process is: Rudy Esparza Gonzalez 4439 Burney Way Fremont, CA 94538 ARTICLE IV This corporation is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 1,M0. Dated: August 6, 1992 7 V_ MCGRAIL In'Corporator DocuSign Envelope ID:19461 D67-9EFE-4EC8-93A4-18EAD688D7C6 I hereby declare that I am the person who executed the foregoing Articles of Incorporation of R.G. CONSTRUCTION, INC., which execution is my act and deed. Dated: August 6, 1992 jAbtS V. MCGRAIL Y�