HomeMy WebLinkAboutACCO Engineered Systems Inc Contract PW Of Improvement Bid 12303112 - 1-16-24CONTRACT
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 ACCO Engineered Systems, Inc., a California corporation (Contractor) as
follows:
1.Contract Documents. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," "Job
Order Contracting Special Conditions", "Construction Task Catalog®", and the "Specifications" including
"General Conditions," "Special Conditions," and "Technical Specifications" for the following: Job Order
Contracting for HVAC Construction (Bid File No. 12303112) JOB ORDER CONTRACT, 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, and are hereby incorporated into and
made a part of this Contract, and shall be known as the Contract Documents.
2.Price and Work. The Contract is an indefinite quantity contract for construction work and
services. The Minimum Contract Value of Job Orders that the Contractor is guaranteed the opportunity to
perform under this Contract is $25,000. The Maximum Annual Contract Value is $2,000,000. At the
discretion of the City and if deemed to be in the public interest, the Maximum Annual Contract Value of this
Contract may be increased. No single Job Order Contract shall be issued in an amount equal to or
above $1,000,000.
3.The Contractor shall perform all work required, necessary, proper for or incidental to
completing the Detailed Scope of Work called for in each individual Job Order issued pursuant to this
Contract for the Unit Prices set forth in the Construction Task Catalog® and the following Adjustment Factors
as set forth in the Bid Proposal:
a.
b.
Normal Working Hours Adjustment Factor 7:00 am to 4:00 pm Monday to Friday,
except for Owner Holidays:
1.3100
Other Than Normal Working Hours Adjustment Factor 4:00 pm to 7:00 pm Monday to
Friday, and all day Saturday, Sunday and Owner Holidays:
1.4600
4.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.
1 5.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.
6.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.
DPW 23.0/01-06-12
GSD JOC DIV l.pdf rev. 05-23
DocuSign Envelope ID: 343501EF-EE13-49A6-9521-F2712917CDD0
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.
7.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.
8.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 C,ode, 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 23.0/01-06-12
GSD JOG DIV l.pdf rev. 05-23
DocuSign Envelope ID: 343501EF-EE13-49A6-9521-F2712917CDD0
Debbie Bernard
DocuSign Envelope ID: 343501EF-EE13-49A6-9521-F2712917CDD0
1/16/2024
1/16/2024