HomeMy WebLinkAboutA-C Electric Company - Contract - Bid 12301137-12489 - 5-11-23/ 1D a3- Cp s
CONTRACT
CITY OF FRESNO, CALIFORNIA �3
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (City), and A-C Electric 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: Fresno Street Corridor Pro'ect: HSIPL. 5060 357 Bid File
No.12301137-12489) 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 One Hundred Sixty -
Eight Thousand Five Hundred Forty -Seven Dollars and 751100 Cents ($2,168,547.75), 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 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.
6. 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:
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 23.0 PWI/07-30-18
FHWA/PLA DIV I.pdf 1.30 rev. 03-22
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.
A-C Electric Company,
a California compLiny'
By: -
{Type or print writtern.sidnature.)
Title: Isaac Obel-Jor ensen Vice President
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: 6/2/2023
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
Attachment:
Form 1273
CITY OF FR O,
a California niccorporation
By: r�
i 0 PE
art nt of Public Works
Dated:
ATTEST:
TODD STERMER, CMC
City Cler
By:
6—N-2o --v
Deputy
No signature of City Attorney required.
Standard Document #DPW 23.0 PWI has been
used without modification, as certified by the
undersigned.
r
By:
Debra McGary, Construction Compliance Specialist
Department of Public Works
Address:
City of Fresno
Construction Management
1721 Van Ness
Fresno CA 93721
DPW 23.0 PWI/07-30-18
FHWA/PLA DIV I.pdf 1.31 rev 03-22