HomeMy WebLinkAboutGranite Construction Company - Contract - Bid 12301728 - E Jensen Ave Overlay - State Route 41 to S MLK - 09-28-23STPL 5060 (324)
CONTRACT
CITY OF FRESNO
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT (Contract) is made and entered into by and between CITY OF FRESNO,
a California municipal corporation (City), and Granite Construction Company, 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: PW00790 East Jensen Avenue Overlay - State
Route 41 to South Martin Luther Icing Jr. Boulevard STPL - 5060 (324) (Bid File No.
123�172J 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 Two Hundred
Nineteen Thousand Five Hundred Thirty Five Dollars and 45/100 Cents 2 219 535.45 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. The Contractor agrees to accept electronic payment from City.
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, litigation expenses, and cost to enforce), 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
STPL 5060 (324)
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.
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.]
STPL 5060 (324)
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.
GRANITE CONSTRUCTION
COMPANY,
a California corporation
By:
Name: Jeffrey W. Grimm
(Type' or print written signature)
Title: Area Manager
(If corporation or LLC., Board Chair,
Pres., or Vice Pres.)
Dated: k Q
By: T
Name:
Title:
Dated:
(Type or print written signature.)
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
CITY OF FRE 0,
a Californi�ry nical corporation
tructt6n Manager
apital Projects Department
Dated:
ATTEST:
TODD STERMER, CMC, MMC
City Clerk
Deputy Date
No signature of City Attorney required.
Standard Document #DPW-S Formal Bid
Contract— PWI (01-2023) has been used
without modification, as certified by the
unde4signed. ,1
By: 4 Y L7
D66ra McGa
Construction Compliance Specialist
Capital Project Department
City Address:
City of Fresno
Attention: Debra McGary
Construction Compliance Specialist
1721 Van Ness
Fresno, CA 93721