HomeMy WebLinkAboutKnott, David, Inc. - Contract - 1-27-2023UUuu,D1 1I CI IVCIUFIC IU. HGVUJH.7 J-O CH I-Y'TUD-OOI,D-Vr U4r!
CONTRACT
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 David Knott, Inc., (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: Requirements Contract for
EmergencV Demolition of Structures (Bid File No. 12301376 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 Thirty nine thousand
four hundred ninety dollars and zero cents $ 39,490.00 , 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 2782.8, 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.
DPW-S Formal Bid Contract — Public Work Improvement (01-2023)
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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.
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.'
7. 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.]
DPW-S Formal Bid Contract — Public Work Improvement (01-2023)
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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.
David Knott, Inc.,
By: LDocuSlgncd by:
VOM4
r, v
David Knott
Name.
(Type or print written signature)
Title: President
(If corporation or LLC., Board Chair, Pres.,
or Vice Pres.)
Dated: 1/27/2023
By:
Name:
Title:
(Type or print written signature.)
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
CITY OF FRESNO,
a Calif, � �e�yynicipal corporation
By. �l.tLssa. Pt rdks
e issa erales, Purchasing
Manager
General Services Department
Dated: 1/27/2023
ATTEST:
TODD STERMER, CIVIC
City Clerk.
aocuSlgrled by:
By: fi j�e 1/27/2023
tt 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
un $„5isey:
T7E T�.w�.0 1/27/2023
By:
Tamra Torrence
Senior Procurement Specialist
General Services Department
City Address:
City of Fresno
Attention: Erin Martin, Special Teams
Manager
2600 Fresno Street, Room 3076
Fresno, CA 93721
DPW-S Formal Bid Contract —Public Work Improvement (01-2023)
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