HomeMy WebLinkAboutCal Valley Construction, Inc - City of Fresno Paving Bid Various Locations - Bid 12402606 - 06-27-24CONTRACT
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 Cal Valley 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: SM00050 City of Fresno Paving Bid Package
Various Locations Bid File No. 12402606 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 Million Three Hundred
Fifty Ei ht Thousand Six Hundred Sixty Five Dollars and Zero Cents 7 35$ 665.00 , 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, Consultant 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), and from any and all claims, demands
and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to
enforce this Contract) that arise out of, pertain to, or relate to the negligence, recklessness or
willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the
performance of this Agreement.
If Consultant should subcontract all or any portion of the services to be performed under
this Agreement, Consultant 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
A240499 2024-03 CPDARPAPLADivl 1.27 rev. 3.24
subcontractors aware of this provision.
1. Contractor's duties and services under this Agreement shall not include preparing
or assisting the City with any portion of the City's preparation of a request for proposals, request
for qualifications, or any other solicitation regarding a subsequent or additional contract with the
City. The City entering this Agreement shall at all times retain responsibility for public contracting,
including with respect to any subsequent phase of this Project. Contractor's participation in the
planning, discussions, or drawing of project plans or specifications shall be limited to conceptual,
preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure
that all bidders for a subsequent contract on any subsequent phase of this Project have access to
the same information, including all conceptual, preliminary, or initial plans or specifications
prepared by Contractor pursuant to this Agreement.
2. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any authority to the
City Manager to administer the Agreement, any delegation of authority must be expressly included
in the Agreement.
[Signatures follow on the next page.]
A240499 2024-03 CPDARPAPLADivl 1.28
rev. 3.24
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.
Cal Valley Construction, Inc.,
a California corporation
By: II
Name:-����1�
(Type or print written signature)
Title: PeLs. CEO
(If corporation or LLC., Board Chair,
Pres.,—orr Vice Pres.)
Dated: �1uu�t .202--4
By:
Name: �'"�� . Alle, _-
(Type or print written signature.)
Title: K
(If corporation or LLC.1 CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: Z v Z�
CITY OF FRESNO,
a California municipal corporation
r
By:
Randall W. Morrison, PE
Capital Projects Department
Dated: K t 2ez-
ATTEST:
TODD STERMER, CMC
City Cie
By:
Deputy
SrAS-, �
Date
No signature of City Attorney required
Standard Document #DPW-S Formal Bid
Contract — PWI (12-2023) has been used
without modification, as certified by the
undersign
By:
Debra VrAary
Construction Compliance Specialist
Capital Projects Department
City Address: Capital Projects Dept.
747 R. Street — 2nd Floor
Fresno, CA 93721
A240499 2024-03 CPDARPAPLADivi 1.29 rev. 3.24