HomeMy WebLinkAboutAvison Construction, Inc. Contract - Bid 12302905 - 10-19-23 Dc7ti Pam' (9 , -?-D 2 3
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 Avison Construction, 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: PWO0857 TCC Park at MLK Magnet Core Bid File No.
12302905) Wase bid plus add alternates 1 through 81 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 Eight Million Six Hundred Forty
Six Two Hundred Ninety Three Dollars and Zero Cents ($8,646,293.00), 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)
A230706 2023-04 DPWTCCPLADivl 1.24 rev 04.23
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.
Avison Construction, Inc., CITY OF FRES
a California corpor o a Californ' i corporation
By: By:
, PE
Name: Curtis Short ta'op=tal rojects Department
(Type or print written signature.) )
Title: President Dated: J�r
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.) ATTEST:
TODD STERMER, CMC
Dated. 10 /2023 City Clerk( / 11
By: By: _ � Deputy 1( "-3
Name: Christopher Avila No signature of City Attorney required.
(Type or print written signature.) Standard Document DPW-S Formal Bid
Contract — Public Work Improvement (11-
Title: Secretary/CFO 2022) has been used without modification
(If corporation or LLC, CFO, Treasurer, as c ified try a undersigned.
Secretary or Assistant Secretary)
By:
Dated: 10/24/2023 b4braTMcGaV
Construction Compliance Specialist
Capital Projects Department
City address:
City of Fresno
1721 Van Ness Ave.
Fresno, CA 93721
DPW-S Formal Bid Contract—Public Work Improvement(11-2022)
A230706 2023-04 DPWTCCPLADivi 1.25 rev 04 23