HomeMy WebLinkAboutBuilders Concrete - Contract - Bid 12300757 - 2-23-23uuuuJlyI I CI lvuluytC IIJ. UuMu I UHr-C CMJ-Y I O:YOJDC-MU- li'iCMru4Ml i 55-
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PRODUCT PURCHASE CONTRACT
This Contract is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and BUILDERS CONCRETE, a California
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: Reguirements
Contract for Ready Mix Concrete (Bid File No. 12300757 copies of which are
annexed hereto, together with all the drawings, plans, and documents specifically referred
to in said annexed documents, and 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 ONE MILLION TWO HUNDRED
SEVENTY-FIVE THOUSAND FOUR HUNDRED FORTY-TWO DOLLARS AND THREE
CENTS ($1.275.442.03), as set forth in the Bid Proposal, the Contractor promises and
agrees to furnish or cause to be furnished, in a new and working condition, and to the
satisfaction of the City, and in strict accordance with the Specifications, all of the items as
set forth in the Contract Documents.
3. PAYMENT. The City accepts the 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 (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 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. The
Contractor's obligations under the preceding sentence shall apply regardless of whether
the City or any of its officers, officials, employees, agents, or volunteers are passively
negligent, but shall no-i: apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused by the active or sole negligence, or by the willful misconduct, of the City
or any of its officers, officials, employees, agents, or volunteers.
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.
5. The City Manager, or designee, is hereby authorized and directed to
execute and implement this Agreement. The previous sentence is not intended to
GSD-S Formal Bid Req. Contract— Product (02-2023)
UUUUJIIJ.II CI IVCIUf tC IU, 11I.JHU IUH r-CCHJ-'-F I OJ-O:ID C-HV41.i4 CHrU4Hl.
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.]
GSD-S Formal Bid Req. Contract— Product (02-2023)
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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 Contractor's, and this Contract shall be binding and effective upon execution
by both parties.
CITY OF FRESNO,
a California municipal corporation
Docu5igned by:
By: �l u(iSSa Pva.b,S
e Hsa rMTes, Purchasing Manager
General Services Department
Dated: 3/15/2023
ATTEST:
TODD STERMER, CIVIC
City 1Q[k'§nac t
li (6W1 3/15/2023
By:
Date
Deputy
No signature of City Attorney required.
Standard Document #(LSD-S Formal Bid
Requirements Contract — Product (02-
2023) has been used without modification,
as certigieo,gby the undersigned.
By:
�ltic���VOS 3/15/2023
Sherri �udr'os
Procurement Specialist
General Services Department
City address:
City of Fresno
Attention- Sherri Cuadros,
Procurement Specialist
2101 G Street, Bldg. A
Fresno, CA 93706
GSD-S Formal Bid Req- Contract — Product (02-2023)
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BUILDERS CONCRETE,
a Califa6pjp,g,ppppany
By:
Mark Mitzel
Name:
(Type or print written signature.)
Title: President
(if corporation or LLC., Board Chair, Pres-
or Vice Pres.)
Dated: 3/8/2023
By: 5DocuSigned by:
LAI& �Ab
Jean Liao
Name:
(Type or print written signature.)
Title: Treasurer and secretary
(if corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: 3/15/2023