HomeMy WebLinkAboutAmerican Paving, Co - Contract - Bid 12302138 - 12468 - 08-10-23CONTRACT- la-0
CITY OF FRESNO
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: PWO0846 Mariposa Plaza Renovation (Bid File No.
12302138- 12468) 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 Two Million Six Hundred Nine#
One Thousand Ninety -Four Dollars and Zero Cents 2 691 094.00 , 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.
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:
DPW-S Formal Bid Contract— Public Work Improvement (11-2022)
A230309 DPWTCCPLADivlrev02 23 1.20 rev. 02.23
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.
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.,
a California corporation
By:
Name: Stephen J. Poindexter
(Type or print written signature)
Title: President
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: August 21 2023
By:
Name: Ross A. Jenkins
(Type or print written signature)
Title:S_ ecretary
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
*= f
CITY OF FRES
a California ' ip ,gorporation
By:
IOtc9uh Manager
pital Projects Department
Dated-
ATTEST:
TODD STERMER, CMC
City Clerk
BY:�Ahh6��-r' VZ3
Deputy
No signature of City Attorney required.
Standard Document DPW-S Formal Bid
Contract — Public Work improvement (11-
2022) has been used without modification
as certified by the undersigned.
By:
Debra McGary
Construction Compliance Specialist
Department of Public Works
City address:
City of Fresno
Attention: Debra McGary
Construction Compliance Specialist
1721 Van Ness
Fresno, CA 93721
DPW-S Formal Bid Contract— Public Work Improvement (11-2022)
A230309 DPWTCCPLADivlrev02 23 1.21 rev. 02.23