HomeMy WebLinkAboutKroeker, Inc - Contract - Bid 12400612 - 2-1-24CONTRACT
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 Kroeker, 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: PWO1028 Cesar Chavez Boulevard Renamin
(Bid File No. 12400612) 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 Hundred Forty Two
Thousand Two Hundred Eighty Seven Dollars and 0/100 Cents 142 287.00 , 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. The City accepts the 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:
A231023 2023-06 DPW No Fed Div 1 1.21 Rev. 06.23
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.
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.
a California'cbrnorlation
LIM
Name:
(Type or print written signature)
Title: G LeWM& AAA M,
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: Lb �d 2.y
By:
Name:
Title:
(Type or print written signature)
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
CITY OF FRESNY'a
a California rgoration
By:
UontructicK Manager
Capital Projects Department
Dated: 3
/-/
ATTEST:
TODD STERMER, CIVIC
City Clerk
B
Deputy'
No signature of City Attorney required.
Standard Document #2022-11 DPW-S Formal
Bid Contract - Public Work of Improvement has
been used without modification as certified by
t hp'u-n'd ersigpz-d�
By:
ebra cGary
Construction Compliance Specialist
Capital Projects Department
City address:
City of Fresno
Attention: Debra McGary,
Construction Compliance Specialist
Capital Projects Dept. -Administration Div.
747 R Street-2"d floor
Fresno, CA 93721
A231023 2023-06 DPW No Fed Div 1 1.22 Rev. 06.23