HomeMy WebLinkAboutDurham Construction Co. Inc. Job Order Contract Public Work Of Improvement- Bid 12300361-12691- 8-25-23 - Copy JOB ORDER 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 Durham Construction Co., Inc., a California
corporation (Contractor), as follows:
1. Contract Documents. The "Notice Inviting Bids," "Instructions to Bidders," "Bid
Proposal," and the "Job Order Contracting Special Conditions," "Construction Task Catalog®,
"Technical Specifications" and the "Specifications" including "General Conditions" and "Special
Conditions" for the following: Job Order Contracting for General Building Construction Bid
File 9549-12132 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$189,282.62 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,
the Roeding Park Court Resurfacing Pro'ect Pro'ect ID FA00007 Work Order No. J02.2-
13.00.
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:
DPW-S 35.0.pdf 1.16 rev.02-14-18
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.
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.
Durham Construction Co., Inc., CITY OF FRESNA
a California cp%orati a Califor ' I corporation
By: AA"I
By:
Name: ry^+ Y, s , E
(Type or print written signature.) epartm nt of Public Works
Title: Dated: ��� 2DL3
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
ATTEST:
Dated: Todd Stermer, CMC
r
City Clerk
By:
By:
Name: Deputy Date
(Type or print written signature.)
Title: Sec 4e -6 No signature of City Attorney required.
(If corporation or LLC., CFO, Standard Document#DPW-S 35.0 has been
Treasurer, used without modification, as certified by the
Secretary or Assistant Secretary) undersigned.
Dated: -3 By. "A6��
Debra McGary
Const. Compliance Specialist
Department of Public Works
City address:
City of Fresno
Construction Management
1721 Van Ness
Fresno CA 93721
DPW-S 35.0.pdf 1.17 rev.02-14-18