HomeMy WebLinkAboutFloyd Johnston Construction Co, Inc - Contract - North Ave Emergency Slipline Repair - 08-07-23DocuSign Envelope ID: 2F04A43F-4991-46DF-8337-9165EB6998BA
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 set forth herein. The City has awarded this
CONTRACT to Contractor as an "emergency contract" pursuant to and in accordance
with its municipal authority pursuant to Fresno City Charter Section 1208(a)(5)(v), a
resolution adopted the City Council approving this work to be an urgent necessity for the
preservation of life, health or property.
1. Contract Documents. The Contractor's Proposal, General Conditions
(Division II), and Section 02765 for the following: The North Avenue Emergency Sli line
Repair, copies of which are annexed hereto together with Exhibit 'A', 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 Scope of Work. For the monetary consideration of actual cost to
perform the work plus 15% markup, which shall be paid for labor, services, materials,
equipment, tools, and all services provided by Contractor to the project, as set forth in the
Contractor's Proposal (attached hereto as Exhibit 1 and which terms, conditions, scope,
inclusions, and exclusions are incorporated herein by reference as though set forth at
length), 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."
3. Payment. The City accepts Contractor's Proposal as stated and agrees to
pay the consideration stated, at the times, in the amounts, and under the conditions
specified in the Contractor's Proposal and as further defined in the Contract Documents.
The Contractor agrees to accept electronic payment from City.
4. Indemnification. The City shall indemnify, hold harmless and defend
Contractor 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 the Contractor, the City or any other person, and
from any and all claims, demands and actions in law or equity (including reasonable
attorney's fees, litigation expenses, and costs to enforce this agreement), arising or
alleged to have arisen directly or indirectly from the negligent or intentional acts or
omissions, or willful misconduct of the City or any of its officers, officials, employees,
agents, or volunteers in the performance of this Agreement; provided nothing herein
shall constitute a waiver by the City of governmental immunities including California
Government Code section 810 et seq..
The Contractor shall indemnify, hold harmless and defend the City and each of its
officers, officials, employees, agents, and volunteers from any and all loss, liability, fines,
North Ave Sewer
Page 1 of 3
DocuSign Envelope ID: 2F04A43F-4991-46DF-8337-9165EB6998BA
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 the City, the 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 from the negligent or intentional acts
or omissions, or willful misconduct of Contractor or any of its officers, officials, employees,
agents, or volunteers in the performance of this Agreement. Contractor agrees that this
Agreement shall in no way act to abrogate or waive any immunities available to City under
the Tort Claims Act of the State of California.
In the event of concurrent negligence on the part of the City or any of its officers,
officials, employees, agents, or volunteers, and Contractor or any of its officers, officials,
employees, agents, or volunteers, the liability for any and all such claims, demands and
actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages
shall be apportioned under the State of California's theory of comparative negligence as
presently established or as may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
5. Trench Shoring Detailed Plan. The 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. Provided, however, City agrees to pay Contractor
for any and all costs incurred in the preparation of and implementation of the trench
shoring detailed plan in accordance with Contractor's Proposal and the Contract
Documents.
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.'
7. The City Manager, or designee, is hereby authorized and directed to
execute and implement this Agreement. The previous sentence is not intended to
delegate any authority to the City Manager to administer the Agreement, any delegation
of authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
North Ave Sewer
Page 2 of 3
DocuSign Envelope ID: 2F04A43F-4991-46DF-8337-9165EB6998BA
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
the Contractor's, and this Contract shall be binding and effective upon execution by both
parties.
Floyd Johnston Construction Co., Inc.,
CIIGi ori�
By:
Name: Karen Johnston
(Type or print written signature)
Title: vice PRESIDENT
(If corporation or LLC., Board Chair, Pres.,
or Vice Pres.)
Dated: 8/6/2023
FT
Sign ed bb
By.
Name:
Sharon Johnston
(Type or print written signature.)
Title: Treasurer
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: 8/6/2023
Attachment:
Exhibit A — Contract Documents
CITY OF FRESNO,
a Cal picipal corporation
By:
BroM .'! uche, Director
Public Utilities
Dated: 8/7/2023
APPROVED AS TO FORM:
ANDREW JANZ
City AjorCCUpey by.
By: (h 8/7/2023
gran on . Collet
Supervising Deputy City Attorney
ATTEST:
TODDD' prST(ERMER, CMC
City "I'5IL'tX Signad by:
Y
B : I6l "i 6w 8/7/2023
Tina M Your Date
Deputy
City Address:
City of Fresno
Attention: Sarah Aguila, Supervising
Engineering Technician
1626 E Street
Fresno, CA. 93706
Phone: 559-621-1615
E-mail: sarah.aguila@fresno.gov
North Ave Sewer
Page 3 of 3