HomeMy WebLinkAboutDawson-Mauldin, LLC Contract Bid No. 12400588 10-23-23- 1 -
FIN-S Informal Bid Contract – PWI (05-2023)
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 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: Chlorine Contact Tank
Improvement at North Fresno Wastewater Reclamation Facility (Bid File No. 12400588)
[Alternates (if any)] 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 hundred fifty two
thousand dollars and zero cents ($152,000.00), 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. The Contractor agrees to accept electronic payment
from the 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 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
DocuSign Envelope ID: A233FAC9-DD57-4C7A-8315-8FE86EC843AC
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FIN-S Informal Bid Contract – PWI (05-2023)
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.
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.
[Signatures follow on the next page.]
DocuSign Envelope ID: A233FAC9-DD57-4C7A-8315-8FE86EC843AC
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FIN-S Informal Bid Contract – PWI (05-2023)
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:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
Contractor Address:
Dawson-Mauldin LLC
Attention: Mike Mauldin,
President
1071 E. Nebraska Ave.
Selma, CA 93662
Phone: (559) 896-0098
E-mail: mike@dawson-mauldin.com
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales, Purchasing Manager
Department of General Services
Dated:
No signature of City Attorney required.
Standard Document #FIN-S Informal Bid
Contract – PWI (05-2023) has been used
without modification, as certified by the
undersigned.
By:
James E. Jackson,
Senior Procurement Specialist
Department of General Services
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
Phone: (559) 621-1165
E-mail: james.jackson2@fresno.gov
DocuSign Envelope ID: A233FAC9-DD57-4C7A-8315-8FE86EC843AC
owner
Mike mauldin
10/23/2023
10/23/2023
10/23/2023
10/23/2023