HomeMy WebLinkAboutAvison Construction, Inc - Contract - Bid 12400950 - PW00763 Midtown Trail Segment 4 - 12.14.23CONTRACT
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, an
"Technical Specifications for the following: PWO0763 Midtown Fresno Trail: McKinley Ave Gap
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 Thir
Three Thousand Six Hundred Nine Dollars and Zero Cents 6 633 6Q9.00 , 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:
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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.]
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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 iio
By:
Name: Curtis Short
(Type or print written signature)
Title: President
(if corporation or LLC., Board Chair, Pres., or Vice
Pres.)
Dated:
�� By:Ll —
Name: Christopher Avila
(Type or print written signature.)
Title: Secretarv/CFO
(If corporation or LLC., CFO, Treasurer, Secretary or
Assistant Secretary)
Dated:
CITY OF FR Nf�f,
a Califoro t��paI corporation
LIM
PE
Department
Dated: 1 "2' D M
ATTEST:
TODD STERMER, CMC
City Cler
By:
g5tA MaL 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:
" ebra McGarY
Contract Compliance Specialist
Capital Projects Department
City Address:
City of Fresno Attention
1721 Van Ness Avenue
Fresno, CA 93721
Debra McGary
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I. General
IL Nondiscrimination
III. Non -segregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VI I. Safety: Accident Prevention
Vill. False Statements Concerning Highway Project
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act
X. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for Lobbying
Xll. Use of United States Flag Vessels
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access Road
Contracts (included in Appalachian contracts only)
GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States Code, as
required in 23 CFRE 633.102(b) (excluding emergency contracts
solely intended for debris removal). The contractor (or subcontractor)
must insert this form in each subcontract and further require its
inclusion in all lower tier subcontracts (excluding purchase orders,
rental agreements and other agreements for supplies or services). 23
CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are incorporated
by reference for work done under any purchase order, rental
agreement or agreement for other services. The prime contractor
shall be responsible for compliance by any subcontractor, lower -tier
subcontractor or service provider. 23.CFR 633.102(e).
Form FHWA-1273 must be included in all Federal -aid design -build
contracts, in all subcontracts and in lower tier subcontracts (excluding
subcontracts for design services, purchase orders, rental agreements
and other agreements for supplies or services). in accordance with 23
CFR 633.102. The design -builder shall be responsible for compliance
by any subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in solicitation -
for -bids or request -for -proposal documents, however, the Form
FHWA-1273 must be physically incorporated (not referenced) in all
contracts, subcontracts and lower -tier subcontracts (excluding
purchase orders, rental agreements and other agreements for
supplies or services related to a construction contract). 23 CFR
633.102(b)
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work performed
on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by
piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding of
progress payments, withholding of final payment, termination of the
contract, suspension / debarment or any other action determined to be
appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the
contractor shall not use convict labor for any purpose within the limits of
a construction project on a Federal -aid highway unless it is labor
performed by convicts who are on parole, supervised release, or
probation. 23 U.S.C. 114(b). The term Federal -aid highway does not
include roadways functionally classified as local roads or rural minor
collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 23.107(a); 23 CFR Part 230,
Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230 Subpart A,
Appendix A are applicable to all Federal -aid construction contracts and
to all related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material supply,
engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the
following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR
Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act
of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of
1964, as amended, (42 U.S.C. 2000d et seq.) and related regulations
including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and
633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and,
for all construction contracts exceeding $10,000, the Standard Federal
Equal Employment Opportunity Construction Contract Specifications in
41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the policies of
the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts
1625-1627. The contracting agency and the FHWA have the authority
and the responsibility to ensure compliance with 23 U.S.C. 140, Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et
seq_), and related regulations including 49 CFR Parts 21, 26 and 27; and
23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A,
Appendix A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
Page 11 of 29
November 2022
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