HomeMy WebLinkAboutAgee Construction Corporation - Contract - Bid 12301971 - Peach Ave Widening from Butler to Florance Ave - 10-05-23CONTRACT
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 Agee Construction Corporation, 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: PWO0534 Peach Avenue Widening from Butler to Florence Avenues PHASE 1 Bid
File No. 12301971) 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 Four Million Eight Hundred Nine
Thousand Six Hundred Ninety Four Dollars and Zero Cents 4 849 694-00 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:
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 PLA DIV I.pdf 1.19 rev. 01-22
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.
Agee Construction Corporation,
a California corporation
t
By:
Name: Gayle L. Salvucci
(Type or print written signature.)
Title: President/Manager
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: 10/26/2023
By:
Name: Kym E. Olivas
(Type or print written signature.)
Title: Secretary
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: 10/26/2023
CITY OF
a Califon
Toiistruction Manager
Capital Projects Department
Dated: %l
ATTEST:
TODD STE MER, CMC, MMC
City Cle
By: ) Z- 1 I 'U25
Deputy
No signature of City Attorney required. Standard
Document #DP 1 23.0 has been used without
mod' Ecation as ce ifed by the undersigned.
By:
bra McGary
Construction Compliance Specialist
Capital Projects Department
City address:
City of Fresno
Construction Management
1721 Van Ness
Fresno, CA 93721
DPW 23.0/01-06-12
DPW PLA DIV I.pdf 1.20 rev. 01-22