HomeMy WebLinkAboutWest Coast Arborists Inc Service Contract - RFP No. 9623 - 1-13-22 UUUUJIylI CI IVCIuptC IU.l.rr.70U'iUU-lJU 10-Y'1J:YMJDr-or-MUI rUUUV I r
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SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and WEST COAST ARBORISTS, INC.,
(Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions
to Proposers," "Proposal" and the "Specifications" including "General Conditions,"
"Special Conditions", "Federal Conditions", "Functional Specifications" and "Technical
Requirements" for the following: REBID CITY OF FRESNO ANNUAL TREE TRIMMING
(Request for Proposals No. 96231 copies of which are annexed hereto, together with all
the documents specifically referred to in said annexed documents, including the
Performance Bond, if required, are hereby incorporated into and made a part of this
Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of THREE MILLION EIGHT
HUNDRED AND TWENTY-SEVEN THOUSAND NINE HUNDRED DOLLARS AND
ZERO CENTS 3 827 9g0.Ofl , as set forth in the Proposal, Contractor promises and
agrees to perform or cause to be performed, in a good and workmanlike manner, and to
the satisfaction of the City, 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 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 the City.
4. INDEMNIFICATION. To the furthest extent allowed by law, including
California Civil Code section 2782 (if applicable), the Contractor shall indemnify, hold
harmless and defend the 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 the City, the 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), that arise out of, pertain to, or relate to the negligence,
recklessness or willful misconduct of the Contractor, its principals, officers, employees,
agents, or volunteers in the performance of this Agreement.
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.
[Signatures follow on the next page.]
FIN-B Sery Contract(12-2021) 1
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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 the City shall be subsequent
to that of the Consultant's, and this Contract shall be binding and effective upon execution
by both parties.
CITY OF FRESNO, WEST COAST ARBORISTS,
A CrLSS14_"P'.1t__r'S`
� icipl corporation INC., Docuftnedby:
1/24/2022L �grlrG
1/24/2022
By: By:
MELISSA PERALES
Purchasing Manager Name: Patrick Mahoney
Title: President
APPROVED AS TO FORM: (If corporation or LLC., Board Chair,
DOUGLAS T. SLOAN Pr ,QEXXg�,Pres.)
City Lp"t&t_ by: � k9(+�q/24/2022
B : �]VtC�i c� 1/24/2022 By:
y ' ' ''"' '
PAULINE B R I C K E Y Date Name: RICHARD MAHONEY
Deputy City Attorney
Title: vice President
ATTEST: (If corporation or LLC., CFO,
TODD STERMER, CMC Treasurer, Secretary or Assistant
City C Secretary)
�u5igneeby:
1/25/2022
By:
Date
Deputy
Addresses:
CITY: CONTRACTOR:
City of Fresno West Coast Arborists, Inc.,
Attention: Sandra Gamez Attention: Victor Gonzalez
Procurement Supervisor Vice President
2600 Fresno Street 5424 N. Barcus St.
Fresno, CA 93721 Fresno, CA 93722
Telephone: (559) 621-1169 Telephone: (714) 991-1900 Ext. 153
E-Mail: Sandra.Gamez@fresno.gov E-Mail: vgonzalez@wcainc.com
FIN-B Sery Contract(12-2021) 2