HomeMy WebLinkAboutHPS Mechanical, Inc. - Contract - Bid 12301689 - 06-29-23b-a6i -�;I- -�-)
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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 HPS Mechanical, 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: RC00180 Lift Station 15 and 16 Improvements Bid File.12301689 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 Six Hundred Ninety -Eight Thousand
One Hundred Six Dollars Zero and Cents ($698.106.00 , 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:
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 23.0/01-06-12
DPW NO FED DIV I.pdf 1.18 rev. 04-20
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.
HPS Mechanical Inc.,
a California corporation
By.
Name: cott DenHerder
(Type or print written signature.)
Title: Vice President
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: July 11, 2023
PLEASE SEE ATTACHED
By: CORPORATE RESOLUTION
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
CITY OF FRESNO.
a California mu3j c oration
rtmdKt of Public Works
Dated: %
ATTEST:
TODD STERMER, CMC
City Clerk
By: -71z3
Deputy
No signature of City Attorney required. Standard
Document #DPW 23.0 has been used without
modification asGprtified by the undersigned.
By: e O'
e ra McGary
Construction Compliance Specialist
Department of Public Works
City address:
City of Fresno
Attention: Debra McGary
1721 Van Ness
Fresno, CA 93721
DPW 23.0/01-06-12
DPW NO FED DIV I pdf 1.19 rev. 04-20
CORPORATE RESOLUTION
RESOLVED that
Leslie DenHerder, President Susan DenHerder. Secretary/Treasurer
Scott DenHerder. Vice President
whose signatures appear below, or any of them, are hereby authorized, directed and
empowered for and on behalf of this corporation and in its name with respect to any
construction project or construction contract including, without limitations: Signing and
submission of bid and related documents; signing of contract and related documents,
whether resulting from bid, negotiations, or otherwise; signing of any other documents in
connection with negotiating, bidding, entering into, or performing the project or contract;
and applying for or signing any bonds in connection with the project or contract.
Authorized signatures:
Sign tire
Signature
Signature
I, Susan DenHerder, Secretary/Treasurer of HPS Mechanical, Inc., a corporation, do
hereby certify that the resolution appearing above is a full, true and correct copy of a
resolution of the Board of Directors of said corporation which was duly and regularly
called and held in all respects as required by law and by the bylaws of said corporation on
the 3rd day of January, and that the signatures appearing on the above -mentioned copy of
said resolutions are the genuine signatures of the persons mentioned in said resolution
and authorized to act on behalf of said corporation as set forth in said resolution.
I further certify that said resolution has not been amended or revoked and is still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary/Treasurer this
3rd day of January, 2023.
Susan DenHerder- Secretary/Treasurer
Corporate Seal