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HomeMy WebLinkAboutElectric Motor Shop Inc, - Contract - Bid 12302425-2 - 07-20-23DocuSign Envelope ID: 153FE38E-9E67-4EC7-AAE7-94384E8884E3 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 ELECTRIC MOTOR SHOP 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: REBID Aeration Basin Conduit and Enclosure Installation & Final Clarifier Collector Drive Conductor Replacement Bid File No. 12302425-2 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 Seventy Five thousand six hundred fifty dollars and zero cents $75 650.00 , 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. The Contractor agrees to accept electronic payment from the City. 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 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 -1- FIN-S Informal Bid Contract—, PWI (07-2023) DocuSign Envelope ID: 153FE38E-9E67-4EC7-AAE7-94384E8884E3 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 - 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.] -2- FIN-S Informal Bid Contract — PWI (07-2023) DocuSign Envelope ID: 153FE38E-9E67-4EC7-AAE7-94384E8884E3 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. ELECTRIC MOTOR SHOP INC., A California Corporation Do cuSigned by: By: ref[' d_�,�,�. E0C2C786365C4FF. Name: Richard cagl i a Title: President (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Dated: 8/14/2023 ❑ccu5igned by: By: EOC2 78836&IPF Name: Sal 1 y cagl i a Title: secretary (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated:8/14/2023 Any Applicable Professional License: Number: Name: Date of Issuance: Contractor Address: Electric Motor Shop, Inc. Attention: Ray Keith, Service Department Manager 253 Fulton Fresno, CA 93721 Phone: (559) 650-1128 E-mail: Ray.keith@electricmotroshop.com CITY OF FRESNO, a California municipal corporation [_ flocuSigned by: By: e�igsae les, Purchasing Manager Department of General Services Dated: 8/14 No signature of City Attorney required. Standard Document #GSD-S Informal Bid Contract — PWI (07-2023) has been used without modification, as certified by the undersigned. DocuSigned by: Sue+. By: ' ?ar. "_ 8/14/2023 Ei%ckson Senior Procurement Specialist Department of General Services ATTEST: TODD STERMER, CIVIC City Clerk DocuSigned by: By;_]�tLAA8/14/2023 2F1 SC57F+78C.is, Date Deputy City address: City of Fresno Attention: James E. Jackson, Senior Procurement Specialist 2101 G. Street;BLDG A Fresno, CA 96706 Phone: (559) 621-1165 E-mail: James.Jackson2@fresno.gov -3- FIN-S Informal Bid Contract —PWI (07-2023) Tina Your From: James Jackson Sent: Monday, August 14, 2023 3:41 PM To: Clerk Subject: RE: Complete with DocuSign: 12302425-2 Service Contract.pdf Hi Tina, I didn't realize you received this version of the contract. Please disregard it, in favor of the electronically signed version that has routed for all other signatures. Thanks, ]amen E. Jackson Senior Procurement Specialist �ro�re� General Services Department/Purchasing Division 2101 G Street, Bldg A. Fresno, CA 93706 Ph: (559) 621-1165 Fx: (559) 457-1309 James.Jackson2@fresno.gov From: Clerk <Clerk@fresno.gov> Sent: Monday, August 14, 2023 3:38 PM To: James Jackson <James.Jackson2@fresno.gov>; Clerk <Clerk@fresno.gov> Subject: RE: Complete with DocuSign: 12302425-2 Service Contract.pdf Hi James Just checking The Clerk does not need to sign this page —just the one with the DocuSign template? Thanks Tina START IN WITNESS WHEREOF, the parties have executed this Contract year here below written, of which the date of execution by City shall be that of Contractor's, and this Contract shall be binding and effective upc both parties, ELECTRIC MOTOR SHOP INC., A California Corporation Bye Name- Richard cagl i a Title-XC,r�• (If ccrporatlon or LLC Board Chair, Pres. or Z17,) e P--. 7 Dated: -3 By: Name.'Sally t Z i a Title: of corporation LC UP/Treasurer, Secretary osec t�r ) Dated- K- O Any Applicable Professional License Number. Name: Date of Issuance Contractor Address: Electric Motor Shop, Inc, Attention: Ray Keith, From: DocuSign NA3 System <dse NA3@docusign.net> Sent: Monday, August 14, 2023 3:04 PM To: Clerk <Clerk@fresno_.o�> Subject: Complete with DocuSign: 12302425-2 Service Contract.pdf External Email: Use caution with links and attachments CITY OF FRESNO, a California municipal corpc By: Melissa Perales, Purct Department of General Dated: No signature of City Attoi Standard Document #GS Bid Contract — PWI (07-21 used without modification, the undersigned. By: James E. Jackson Senior Procurement S1 Department of Genera ATTEST: TODD STERMER, CMC City Clerk By. Deputy City address: City of Fresno Attention: James E. Jacksc DocuSign- James Jackson James.Jackson2@fresno.gov PRIVATE MESSAGE Informal project, not reviewed by Council. Clerk's Office, Please DocuSign 12302425-2 Service Contract.pdf, Sig ned-on-Paper_45a2ea44- a081-4d09-adf0-fed24014b9a3 Thank You, James Jackson Do Not Share This Email This email contains a secure link to DocuSign. Please do not share this email, link, or access code with others. Alternate Signing Method Visit DocuSign com, click 'Access Documents', and enter the security code 1072B1FE8B3946818D8693D1B1F616E73 About DocuSign Sign documents electronically in just minutes It's safe; secure, and legally binding. Whether you're