HomeMy WebLinkAboutDurham Construction Company, Inc - Contract - Bid 12300168 -2-2-23uuuuoll�f. l l CI lvuluptj IL/.I G-Ocu VOVF1 I L/OVL
CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT JOB ORDER CONTRACT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (hereinafter referred to as "City'), and Durham Construction Company, Inc., a California
corporation (hereinafter referred to as "Contractor") as follows:
1. Contract Documents. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal,"
"Construction Task Catalog®", Federal Requirements, "Technical Specifications" and the "Specifications"
including "General Conditions" and "Special Conditions" forthe following: Job Order Contracting (JOC) for "B"
License General Building, Heating, Ventilation, Air Conditioning (HVAC), and Electrical Construction, Bid File
12300168, 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 $0. The Maximum Contract Value is $1,000,000 per Contract term. At the
discretion of the City and if deemed to be in the public interest, the Maximum Contract Value of this Contract
may be increased.
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 CataIo 8 and the followin q Ad0ustment Factors
as set forth in the Bid Proposal:
a. Normal Working Hours Ad'ustment Factor 7:00 am to 4:00 pm Monday to Friday,
except for Owner Holidays:
1.2700
b. Other Than Normal Working Hours Ad'ustment Factor 4:00 pm to 7:00 am Monday to
Friday, and all day Saturday, Sunday, and Owner Holidays:
1.2750
C. Secure Locations Normal Working Hours Ad'ustment Factor 7:00 am to 4:00 Qrn
Monday to Friday. except for Owner Holidays:
1.3500
d. Secure Locations Other Than Normal Working Hours Ad'ustment Factor 4:00 om to
7:00 am Monday to Friday, and all day Saturday, Sunday. and Owner Holidays.
1.3550
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.
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. Contractor agrees to accept electronic payment from the City.
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
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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.
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 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.
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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.
Durham Construction Company, Inc.,
a Cali ' ucor-pQration
(kris ovy6w
By:
Name: Chris Durham
(Type or print written signature.)
Title: President
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated: 2/2/2023
Dor.uSigned by:
BY -
Name: Chris Durham
(Type or print written signature.)
Title: Secretary
Dated
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
2/2/2023
CITY OF FRESNO,
a icipal corporation
Ca '
By: ewfSbV_
eRiry ompson
Director of Aviation
Airports Department
Dated
2/2/2023
ATTEST:
City R.sirgncd by:
By: t A. k q6W 2/2/2023
Todd Stermer
City Clerk
No signature of City Attorney required. Standard
Document #DPW JOC has been used without
modipfca&qgA Qprtified by the undersigned.
By:
Ay{� VMS 2/2/2023
r VI'S
Airports Planning Manager
Airports Department
City address:
City of Fresno
Attention: Richard L. Madrigal,
Airports Projects Supervisor
4995 E. Clinton Way
Fresno, CA 93727
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