HomeMy WebLinkAboutSeal Rite Paving & Grading - Contract - 1-17-2023UUUU01y1I CI IVCIUFIC IU. Vr-UCUlir O-/Iuuv,+JOr JN/1
REQUIREMENTS CONTRACT
CITY OF FRESNO, CALIFORNIA
FURNISH & INSTALL
This Contract is made and entered into by and between CITY OF FRESNO, a
California municipal corporation (City), and WITBRO INC. DBA SEAL RITE PAVING &
GRADING, a 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: Re uirements Contract to
Furnish & Install Pavment Undulations on Various Streets Bid File No. 9661
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 Four Hundred Eleven
Thousand Six Hundred and Eleven dollars and Fiftv-five cents 411.611.55 , as set forth
in the Bid Proposal, 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. City accepts 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. Contractor agrees to accept electronic payment
from City.
4. Indemnification. To the furthest extent allowed by law, including California
Civil Code Section 2782, 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. Contractor's obligations under the
preceding sentence shall apply regardless of whether 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 City or any of its officers, officials, employees, agents,
or volunteers.
If Contractor should subcontract all or any portion of the work to be performed
under this Contract, Contractor shall require each subcontractor to indemnify, hold
harmless and defend 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.
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5. Trench Shorinq 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 be 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.
7. The City Manager, or designee, is hereby authorized and directed to
execute and implement this Agreement. The previous sentence is not intended to
delegate any authority to the City Manager to administer the Agreement, any delegation
of authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
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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 Contractor's, and this Contract shall be binding and effective upon execution by
both parties.
WITBRO INC. DBA SEAL RITE PAVING
& GRADING,
a cor Q�l�� by:
By: &bbLL QS iaJA-
Name: Brooke Ashjian
(Type or print written signature.)
Title: CEO
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
Dated: 1/17/2023
OocuSigned by:
By: �I Qs WA,
Gina Ashjian
Name:
(Type or print written signature.)
Title: CEO
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: 1/17/2023
FIN-S F&I RC (04-2022) - 3 -
CITY OF FRESNO,
a CalifF
grnW municipal corporation
ILl issa. Pwab_s
By:
Melissa eraifes
Purchasing Manager
Department of Finance
Dated: 1/17/2023
No signature of City Attorney required.
Standard Document #FIN-S F&I RC (04-
2022) has been used without modification,
as certiSjgd,�y pe undersigned.
By:
5LM C,uA,J"s 1/17/2023
Sherri Cua7r6s
Procurement Specialist
Department of Finance
ATTEST:
TODD STERMER, CMC
City bhi Signed by:
By: -I `" (�blty 1/17/2023
Date
Deputy
City address:
City of Fresno
Attention: Sherri Cuadros, Procurement
Specialist
2101 G Street, Bldg. A
Fresno, CA 93706