HomeMy WebLinkAboutAvison Construction, Inc - Contract - Bid 12302719-12616 12-7-23CONTRACT
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: Chinatown Sustainable Transportation
Infrastructure - Project 1, Chinatown Urban Greening - Project 6 Bid File No. 12302719-
12616 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 Five Million Two Hundred
Ninety Six Thousand Three Hundred Fifty Nine Dollars and Zero Cents 5 296 359.00 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 Shorinq 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.
DPW-S Formal Bid Contract —Public Work Improvement (11-2022)
A230309 DPWTCCPLADivlrev02.23 1.21 rev 02 23
1. 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.
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 nc.,
a California corp rati
By:
Name: Curtis Short
(Type or print written signature.)
Title: President
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: PQember 1 2023
/f r
By: � L
Name: Christopher Avila
(Type or print written signature.)
Title: F
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: December 19 2023
CITY OF FR.Zimal
O
a California corporation
By: I
e sV P E
apita}�Rroj�cts Department
Dated:
ATTEST:
TODD STERMER, CMC
City Cie
By: Deputy
No signature of City Attorney required.
Standard Document DPW-S Formal Bid
Contract — Public Work Improvement (11-
2022) has been used without modification
as certified by ft undersigned.
By: r
Debra McGary
Construction Compliance Specialist
Capital Projects Department
City address:
City of Fresno
Attention: Debra McGary,
1721 Van Ness Avenue
Fresno, CA 93721
DPW-S Formal Bid Contract — Public Work Improvement (11-2022)
A230309DPWTCCPLADivlrev02.23 1.22 rev 0223