HomeMy WebLinkAboutRakkar Development & Construction - Contract - Bid 3865 - 10.13.22CONTRACT Z-2- —15Zq
CITY OF FRESNO, CALIFORNIA /
PUBLIC WORK OF IMPROVEMENT i�/13�2Z
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a
California municipal corporation (City), and Rakkar Development & Construction, 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: PCO0153 Jaswant Singh Khalra (JSK) Park Tot Lot
Replacement Project (Bid File No. 3865) 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 Fort -Nine
Thousand Dollars and Zero Cents (�449,000.00, 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. City accepts 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 City.
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:
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.]
CDBG/HUD PW DIV 11 1.35 rev. 04121
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.
Rakkar Development & Construction,
a California cprpgxat+ae----__
Name:ti ���2✓ �'�
print written signature.)
Title: 4— P A
(If corporation or LC., Board Chair,
Pres. or Vic9 Pres.)
Dated: 1 ui I' O 2-6 -2Z
By: _
Name:
Title:
Dated:
(Type or print written signature.)
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
DPW-3 23.0 Formal PWI/07-30-18
CITY OF FRES
a Californi,a4vv
incorporation
PE
nt of Public Works
Dated:
No signature of City Attorney required.
Standard Document #DPW-S 23.0
Informal PWI has been used without
modification, as certified by the
undersigned.
By:�.
Rachel Robles
Department of Public Works
ATTEST:
TODD STERMER, CMC
City Cle
By: l�-�(�dfs
City address:
City of Fresno
Construction Management
1721 Van Ness
Fresno, CA 93721
CDBG/HUD PW DIV 11 1.34 rev. 04/21