HomeMy WebLinkAboutWastewater Solids Management - Bid 3391 - Digesters Clean-Up - 2015Ð/e /Þ #- t5- ß7
Slzz I tsCONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC UTILITIES WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (hereinafter referred to as "City"), and Wastewater Solids Management, lnc., a
California Corporation (hereinafter referred to as "Contractor") as follows:
1. Contract Documents. The "Notice lnviting Bids," "lnstructions to Bidders," "Bid
Proposal," and the "Specifications" including "General Conditions," "Special Conditions," and
"Technical Specifications" for the following: TC00043 Diqesters #2 and #9 Cleaninq at the
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 Two Hundred Forty-Nine
Thousand, Six Hundred Ninetv dollars and Zero cents ($249,690.00), 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. Pavment. 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.
4. lndemnification. 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, fofeitures,
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.
lf 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 Shorinq 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. ln 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.
lN 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.
Wastewater Solids Management, lnc.CITY OF FRESNO,
By:
fim G. POA (attached)Director
Utilities
Title: President Dated:-â54{
Dated:
' September 9,20L5
ATÏEST:
YVONNE SPENCE, CMC
City Clerk
Victoria E. PrinceName:
(Type or print written signature.)
Ti,e: General Manager
By:
By: tleolts
Date
City address:
City of Fresno
Attention: Kevin Norgaard, Supervising PE
5607 W. Jensen Ave.
Fresno, CA 93706
(Type or print written signature.)
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Rcquecd By &
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Wastc\üats Solids Managcncmt Co InD
P.OBox 82ó
Ycrington,l.Il/ Sgl47
Special Por¡¡cr Of Attomey
The undersigned, uúose addrcss i¡ P.O. Box t2ó, inthe City of Yçringtoq Shte of
Nevada, docshueby appoiflt, V¡dVPrince uùosc dfters P,O. Box 430, Yuphats, Strte
of Orcgo4 thc undenigned's tn¡c a¡rd laufirl düomey-in-fact, to sign ell docrmrentation
in regards to WssterüatÊr Sol¡ds Managemcnt Co,, Inc, inctrld¡rrg the exscution of
contrcts, sígnatory aühority bank aacounts, pa¡moll chccks Nnd the pnyment of dch in
the ondilwy cor¡rss of busines!.
Giviug and grarü¡agto rnysaid ¡ttorneyfirllponmto er€çute in my nnmc, md all
docr¡oocmaüon noseÉsåry b carry out such aulhority, for all intcnts End prnpoæq as I
might ot could do ifpersonatly prc$srit, and fi¡rtlterdo lrercby fûtify and confirnr all that
my said attorneyin-fact shrll l¡ufr¡lty do, or cår¡se æ be donc, by vínue ofthesc
presents.
DATED this !Íth dayof 2008
STATE OF NEVADA
COIJNTYOF LYON
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\ilasteWaer Solids Managemørt Co, Inc.
Outhisl/4dav
appeared JÍm G.
instntm€nt.
TÁÊOLEJ. ñOGËRS
ÎúoÌary F!ôllc. SÊb of
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sctLttrIs EltrErtrrl 8[
Resolution to Grant Signatory Authority
Resolved, that Wastewater Solíds Management, lnc. grants signatory authority to Mr. Jim G.
Landers, President and Ms. Víctoria E. Prince, Secretary to enter into contracts on behalf of said
Corporation.
The undersigned hereby certifies that she is the duly elected and qualified Secretary and the
custodian of the books and records and seal of Wastewater Solids Management, lnc., a
corporation duly formed pursuant to the laws of the state of Nevada and that the foregoing is a
true record of a resolution duly adopted at a meeting of the Wastewater Solids Management,
lnc. Board of Directors and that said meeting was held in accordance with state law and the
Bylaws of the above-named Corporation on April L4,20LL, and that said resolution is now ín full
force and effect without modification or rescission.
lN WITNESS WHEREOE, I have executed my name as Secretary and have hereunto affixed the
corporate seal of the above named Corporatíon this l-5th day of April, 2011.
Victoria E. Prince
Secretary
ScILItrIE¡NMIilHIßI.
SI GNATORY AUTH ORTZAT ION
I, Victoria E. Prince, attest that I have ñrll sþatory authorization for the execution of contracts for
Wasteu¡ater Solids Manaçment, Inc. This authorization has been granted by the sole principal of Wastewater
Solids Management, Inc., Mr. Jim Landers.
Date:
Notarial Signature
P.O. BOX 430
YACHATS, OR 97498
(54t) s41 -3213 PHoNE / FÂX
Authorized Sþature
county æ _l)Nco uÑq Lq lt€
oFHCtAt SIAMP
DERET ROV PRII{CC
NOTARY PUETIC.OREGON
coMMtsstoN NO. 92ı093
MY COMMISSION EXPIRES FEBRUARY ì0, 20I
P.O. BOX 826
YERINGTON, NV 89447
(77s) 463 185ó PHONE