HomeMy WebLinkAboutAmerican Paving Co. Contract Bid File No. 12301153-12646 - 10-5-23 ATPSB1 L 5060(376)
CONTRACT I t)a.3 i
CITY OF FRESNO, CALIFORNIA I
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (City), and American Paving Co., 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: PW00903 Connecting the Winchell Neighborhood, Butlerl8th &
Orange/Lowe Signals - ATPSB1L - 5060 376 Bid File No. 12301153-12646 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 One Million Seven Hundred Seventy
Four Thousand Two Hundred Seventy Four 1 774 274.00 , 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.]
ATPSB1 L 5060(376)
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.
American Paving Co., CITY OF FIR O
a California corporation a Califor i corporation
By: By:
Name: Stephen J. Poindexter i Y : PE
—(Type or print written signature.) Capital Projects Department
Title:
President Dated:
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.) ATTEST:
TODD STERMER, CMC
Dated r� 12 3 'L City Clerk
By; Deputyl0-3l-U a3
By:
No C
Name: Ross kJenkins No signature of City Attorney required.
(Type or print written signature.) Standard Document#DPW 23.0 PWI has been
used without modification, as certified by the
Title: Secretary un signe .
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary) By:
Dated: 1 a 23/2 _ Debra McGary
Construction Compliance Specialist
Capital Projects Department
City address:
Construction Management
Capital Projects Department
1721 Van Ness
Fresno, CA 93721
Attachment:
Form 1273
ACTION BY UNANIMOUS WRITTEN CONSENT OF THE
DIRECTORS OF AMERICAN PAVING CO.
The undersigned, constituting the directors of American Paving Co., a California
corporation (the "Corporation"), acting under the authority of California Corporations Code
section 307(b)and the Bylaws of this corporation,hereby consent to and takes the following action
by the Board of Directors:
WHEREAS, a discussion was held on granting the presidents and vice presidents the
authority to execute bids and contracts for public/private works construction projects together with
any surety bond and/or an ancillary document(s)required for same(collectively"Documents")on
behalf of the Corporation.A discussion was further held on granting any secretary the authority to
sign such Documents when a second corporate officer's signature is necessary in their capacity.
THEREFORE, in view of the foregoing, and the Board deeming the following to be in
the best interest of the Corporation and its shareholders, the following resolutions were duly
adopted:
RESOLVED, that the Board authorizes and directs the following corporate officers to
execute said Documents in their respective capacities herein indicated:
1) Stephen J. Poindexter, Chief Executive Officer(CEO),President;
2) Ross A. Jenkins,Vice President;
RESOLVED FURTHER, the Board authorizes and directs the following corporate
officers to execute Documents when a second corporate officer's signature is necessary for their
respective capacities herein indicated:
1) Stephen J.Poindexter, Treasurer/Chief Financial Officer(CFO)
1) Ross A. Jenkins, Secretary
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This Action by Unanimous Written Consent may be executed in counterparts,and when so
executed will constitute one Action effective on the date of the last signature, or as otherwise
indicated in the Action. Electronic signatures shall have the same force and effect as the director's
original signature to this Written Consent.
Dated: 5 I f5 .
Richard G.Nemmer,Director
American Paving Co.
Dated: 5/1 g -g zA-74-
Stephen I P6Wdexter, Director
American Paving Co.
Dated: 7 I S 9 b a3 _Z ,
Zle
Ross A.J nKII Director
American Paving Co.
CERTIFICATION OF SECRETARY
The undersigned certifies that he is the duly acting Secretary of American Paving Co.,and that the
above Action by Unanimous Written Consent is a true and correct copy of the matters stated
therein.
Dated:
Ross A. ]e 'ns., Secretary
Axneri Paving Co.
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