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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- 2 23 �23 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) -2- Uuuuolly. II CI IVCIupu IU. I-,UNLJ ILJMr-C C/1J-Y 10:J-OUD C-MVYI..YCMrVYMI.. 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) -3- 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