HomeMy WebLinkAboutAvison Construction, Inc - Contract - Bid 12400950 - 12-14-23CONTRACT /a — / Z-/ — �
CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT (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: PWO0763 Midtown Fresno Trail: McKinley Ave Gau
Closure Midtown Trail Segment 4 ATPL 5060 380 Bid File No. 12400950 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 Million Six Hundred Ttfirty
Three Thousand Six Hundred Nine Dollars and Zero Cents 6 633 609.00 , 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. 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
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:
A230647 2023-03 DPWPLADivl 1.34 rev 08.23
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.
1. 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.]
A230647 2023-03 DPWPLADivl 1.35 rev. 08.23
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.,
a California cor ati
By -,—
Name, Curtis Short
(Type or print written signature)
Title: President
(If corporation or LLC., Board Chair, Pres., or Vice
Pres.)
Dated: If
By: F
Name: Christopher Avila
(Type or print written signature.)
Title: Secretary/CFO
(If corporation or LLC., CFO, Treasurer, Secretary or
Assistant Secretary)
Dated: k '6 `{
CITY OF FR,f
a Californ iqK
ppi corporation
M
5s E
Projects Department
Dated:
ATTEST:
TODD STERMER, CMC
City Cler
Ma G Date
Deputy
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
and signed
By:
Debra McGa
Contract Compliance Specialist
Capital Projects Department
City Address:
City of Fresno Attention
1721 Van Ness Avenue
Fresno, CA 93721
Debra McGary
A230647 2023-03 DPWPLADivl 1.36 rev. 08.23