HomeMy WebLinkAboutSt. Francis Electric, LLC Contract Bid No 12301325-1 - 12647 - 8-10-23 ATPLSBIL 5060(369)
CONTRACT
CITY OF FRESNO
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT(Contract)is made and entered into by and between CITY OF FRESNO,
a California municipal corporation (City), and St. Francis Electric, LLC, a limited liability
company, (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: PWO0908 Rebid Fresno and Browinin_ Traffic
raffic
Signal Improvements ATPLSB'I L 5060 369 Bid File No. 12301325-1 . 12847 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 Eight Hundred Sixteen
Thousand Dollars and Zero Cents 816 000.00 , 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, penaities,
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, litigation expenses, and cost to enforce), 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.
ATPL5B1L 5060(369)
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.
7. 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.]
ATPLSB1 L 5060(369)
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.
ST. FRANCIS ELECTRIC, LLC, CITY OF FRES
a limited liability company, a Califom' i corporation
By:� C- gY� �.
IKA I t a , PE
€;
Name: + + nstr tion Manager
(Type or print written signature) Capita Projects Department
Title: Vito Dated:
(If corporation or LLC., Board Chair,
Pres.,or Vice Pres.)
ATTEST:
Dated: e,-ZY, 2-,-s TODD STERMER, CMC, MMC
City Clerk
By: By:
9 /
Deputy Date
Name: �� !�
(Type or print written signature.)
No signature of City Attorney required.
Title: c.re 1C.-C-/ Standard Document#DPW-S Formal Bid
(If corporation or LLC., CFO,Treasurer, Contract- PWI (01-2023) has been used
Secretary or Assistant Secretary) without modification, as certified by the
Q unde fgned.
Dated: (J " act -�3 By: -
ebra McGary
Construction Compliance Specialist
Capital Project Department
City Address:
City of Fresno
Attention: Debra McGary
Construction Compliance Specialist
1721 Van Ness
Fresno, CA 93721