HomeMy WebLinkAboutR.E. Schultz Construction, Inc - Contract - Bid 12400566 - 12-14-23CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a
California municipal corporation (City), and R.E. Schultz Construction, Inc., a California
corporation (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: PCO0372 Willow and Balch Play Structure
Replacement Bid File No. 12400566 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 Four Hundred Fifty Seven
Thousand Two Hundred Ninety Dollars and Zero Cents 457 290.00 Base Bid plus add
alternate], 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. 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.
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 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:
A231023 2023-05 DPWNoFedDivl 1.20 rev. 05,'
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.
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.
R.E. Schultz Construction, Inc.,
a California corporation
By: a (�_ /
Name: Richard Schultz
(Type or print written signature.)
Title: President, Sole Officer
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: 1/2/2024
By:
Name: Richard Schultz
(Type or print written signature.)
Title: Secretary
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: 1/2/2024
CITY OF
a Califorr
M
PE
ejects Department
Dated: 4 �)fw;-,y
ATTEST:
TODD STERMER, CMC
City Clerk
By. � Y -� z- 5 -2.v2H
Deputy Q nn
No signature of City Attorney required.
Standard Document # 2022-11 DPWS
Formal Bid Contract -Public Work Improvement
has been used without modification as certified
by t undersi ed.
By:
ebra McG ry
Constructio mpliance Specialist
Capital Projects Department
City address:
City of Fresno Attention:
Debra McGary
1721 Van Ness Avenue
Fresno, CA 93721
A231023 2023-05 DPWNoFedDivl 1.21 rev. 05-23