HomeMy WebLinkAboutFloyd Johnston Construction Co Inc Contract - Bid 12301561 - 7-7-23 CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (City), and Floyd Johnston Construction Co., 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: Access Structures Rehabilitation in Fruit Avenue from North Avenue to Jensen
Avenue Bid File No. 12301561 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 Five Hundred Fifty-Three Thousand
Seven Hundred Dollars and Zero Cents 553,700.00), as set forth in the Bid Proposal, Contractor
promises and agrees to perform or cause to be performed, in a goad 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 i,n 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.
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.]
DPW 23.0101-06-12
DPW NO FED DIV I pdi 1.18
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 he subsequent to th4t of C01--ractor's, and this
Contract shall be binding and effective upon execution by both parties.
Floyd Jo on struction Co., Inc., CITY OF FRESN
a Califo l corpor n a California i al oration
By: By:
�. s 1=
Name: 6'1— rtm nt of Public Works
(Type or print written signature.) J
Dated: 7/�2 3
Title: �T
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
.J�. �� ATTEST:
Dated: TODD STERMER,CMC
City Clerk
13y: -7-7_2-pZ3
By: Deputy
Name:
(Type or print written signature.) No signature of City Attorney required. Standard
Document#DPW 23.0 has been used without
Title: modification as certified by the undersigned.
(If corporation or LLC, CFO,Treasurer,
Secretary or Assistant Secretary) By:
Debra c ary
Construction Compliance Specialist
Dated: 'IS C.(�03 Department of Public Works
City address:
City of Fresno Construction Management
Debra McGary
1721 Van Ness
Fresno, CA 93721
DPW 23.0101-06-12
DPW NO FED DlV I.pdf 1.19 rev.0420