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HomeMy WebLinkAboutHD Matthews Demolition & Excavation Contract -Bid 1241731 - 3-20-24GSD-B Informal BC – PWI (07-2023) -1 - 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 HD MATTHEWS DEMOLITION & EXCAVATION, 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: Demolition of Structures Located at 1442 E. Shields Ave (Bid File No. 12401731) 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 Seven Thousand Nine Hundred Forty-Nine dollars and zero cents ($7,949.00), as set forth in the Bid Proposal, the 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, the 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 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 not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or 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. DocuSign Envelope ID: 3BBC4536-223B-4717-9844-7926FC3C8CE6 GSD-B Informal BC – PWI (07-2023) - 2 - 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: 3BBC4536-223B-4717-9844-7926FC3C8CE6 GSD-B Informal BC – PWI (07-2023) -3 - 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 the Contractor’s, and this Contract shall be binding and effective upon execution by both parties. HD Matthews Demolition & Excavation, a California Corporation By: Name: (Type or print written signature) Title: (If corporation or LLC., Board Chair, Pres., or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated: Consultant Address: HD Matthews Demolition & Excavation Attention: William Matthews, CEO 7876 W. Barstow Ave. Fresno, California 93723 Phone: (559) 275-3366 E-mail: bill@hdmdinc.com CITY OF FRESNO, a California municipal corporation By: Melissa Perales, Purchasing Manager General Services Department Dated: APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon Collet Date Assistant City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy City address: City of Fresno Attention: Timothy Schulz, Associate Environmental & Safety Consultant II 2600 Fresno Street Fresno, CA 93721 Phone: (559) 621-8425 E-mail: timothy.schulz@fresno.gov DocuSign Envelope ID: 3BBC4536-223B-4717-9844-7926FC3C8CE6 President 3/19/2024 William Matthews William Matthews 3/19/2024 President 3/19/2024 3/20/2024 Tina Your 3/20/2024