HomeMy WebLinkAboutArt's Construction Co Inc Contract - Bid 12301487 - 9-12-23 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 Art's Construction Co., 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: PCO0253 Fresno Water Tower Electrical Upgrades (Bid File No.1.2301487) 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-Five Thousand
Dollars 695 000.00 , 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 Shorino 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 0101-06-12
DPW NO FED DIV I.pdf 1.19
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.
Art's Construction Co., CITY OF FRESH
Inc., a California Ep rporation
a California corporation
_ By:
By: St. E
Department of Public Works
Name: Arsen Khachatryan
(Type or print written signature.) Dated: 23
Title: President
(If corporation or LLC, Board Chair,
Pres. or Vice Pres,) ATTEST:
TODD STERMER, CMC
Dated:09/06/2023 City Clerk
By-
7 Deputy
By:
Name: Samuel Khachatryan No signature of City Attorney required. Standard
(Type or print written signature.) Document #DPW 23.0 has been used without
modification as certified by the undersigned.
Title: Secretary
(If corporation or LLC, CFO, Treasurer, By:
Secretary or Assistant Secretary) be6ra McGa ,
Construction Compliance Specialist
Dated:
09/06/2023 Department of Public Works
City address.
City of Fresno
1721 Van Ness Ave
Fresno, CA 93611
DPW 23.0101-06-12
DPW NO FED DIV I.pdf 1.20 rev.04-21