HomeMy WebLinkAboutDawson-Mauldin LLC Requirements Contract Furnish & Install Bid 12302384 9-14-23GSD-S Furnish & Install RC (08-2023) - 1 -
REQUIREMENTS CONTRACT
CITY OF FRESNO, CALIFORNIA
FURNISH & INSTALL
THIS CONTRACT (Contract) is made and entered into by and between CITY OF
FRESNO, a California municipal corporation (City), and DAWSON-MAULDIN, LLC, a
California Limited Liability Company (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: Requirements Contract for
Permanent Asphalt Concrete Pavement Repairs (Bid File No. 12302384) 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 ONE MILLION, FIVE
HUNDRED THIRTY SEVEN THOUSAND, THREE HUNDRED dollars and ZERO cents
($1,537,300.00), 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 Contract), 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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GSD-S Furnish & Install RC (08-2023) -2 -
5.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.
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.
DAWSON-MAULDIN, LLC,
a California Limited Liability Company
By:
Name:
(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 FRESNO,
a California municipal corporation
By:
Melissa Perales
Purchasing Manager
General Services Department
Dated:
No signature of City Attorney required.
Standard Document #GSD-S F&I RC (08-
2023) has been used without
modification, as certified by the
undersigned.
By:
James E. Jackson
Senior Procurement Specialist
General Services Department
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
City address:
City of Fresno
Attention: James E. Jackson,
Senior Procurement Specialist
2101 G Street; Bldg. A
Fresno, CA 93706
DocuSign Envelope ID: FC1A1C45-7345-471A-A734-1C31BD16B32C
Mike mauldin
9/26/2023
owner 9/26/2023
9/27/2023
9/27/2023