HomeMy WebLinkAboutWest Valley Construction Company, Inc. - Contract - 4-20-2023REQUIREMENTS CONTRACT
CITY OF FRESNO, CALIFORNIA
FURNISH & INSTALL
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal
corporation (hereinafter referred to as "City"), and West Valley Construction Company, Inc., a
California corporation, (hereinafter referred to as "Contractor") as follows:
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: WC00095 Rebid Requirements Contract to Furnish and Install Polyethylene Water Service
Replacements. Bid File (12300617)
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.
1. Price and Work. For the estimated monetary consideration of One Million Five
Hundred Twenty -Nine Thousand Five Hundred and 01100 Cents 1 529 500.00 , as set forth
in the award and Bid Proposal pricing, 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.
2. 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.
3. 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
attorney's fees and litigation expenses), 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.
4. Trench Shoring 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.
5. Worker's Compensation Certification. In compliance with the provisions of Section
1861 of the California Labor Code, Contractor hereby certifies as follows:
DPU NOFED F&I RC DIV 1 1.20 Rev 02 08 2021
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.
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.
West Valley Construction Company,
Inc. a California corporation
Name:�:?°3:tCx�' 'Qr
(Type or print written signature.)
,, :
Title:
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated:
By
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, CFO,
Treasurer, Secretary or Assistant
Secretary)
Dated:
CITY OF FR ,
a Califor ' pal corporation
host, PE
rtment of Public Works
Dated:_a�d�
ATTEST:
TODD STERMER, CMC, MMC
City Clerk
By:
Deputy
No signature of City Attorney required.
Standard Document #FIN-S F&I RC/08-05-
13 has been used without modification as
certified by the undersigned.
By:
.6 4w-2,
❑ebra ujftary
Department of Public Works
City address:
City of Fresno
Const. Mgmt.
1721 Van Ness Ave
Fresno, CA 93721
DPU NOFED F&I RC DIV 1 1.21 Rev. 02 08 2021
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verities only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On March 24, 2023
Date
before me, Valerie U. Azevedo, Notary Public
Here Insert Name and Title of the Officer
personally appeared Patrick Miller
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
VALEME U. A2EYEOo
Notary Public - California
Santa Clara County
Commission A 2311636
My Comm. Expires Oec 3, 2023
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatur
�5ignature of tary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signer(s)
Document Date:
Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F7 Other -
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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