HomeMy WebLinkAboutPower Design Electric - Contract - Bid 12302722 - 12949 - Shaw Ave Lighting Proj - 09-28-23CONTRACT
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 Power Design Electric, 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," and "Technical
Specifications" for the following: PWO0930 Shaw Avenue Lighting Project - STPL 5060 374 Bid File
No. 12302722 - 12949 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 Hundred
Forty Nine Thousand Eight Hundred Six -Five Dollars and Zero Cents $649 865.00 , 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 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:
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
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.]
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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 Contractors, and this
Contract shall be binding and effective upon execution by both parties.
Power Design Electric,
a California corporation
By:
Name:
Type or print written signature.)
Title:
(If corporation o LC. Board Char,
Pres. or/Vice Pres.)
Dated:.
By:
Name:
T
(Type or print written signature.)
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
Attachment:
Form 1273
CITY OF
141
Projects Department
Dated:
ATTEST:
Todd Stermer, CMC
City Clerk
Ig'SI204.3
Deputy
No signature of City Attorney required,
Standard Document #DPW 23.0 PWI has been
used without modification, as certified by the
under
0,.
By:
anstructio o pliance Specialist
Capital Proje s Department
City address:
City of Fresno
1721 Van Ness
Fresno, CA 93721
DPW 23 0 PW1107-30-16
A221316 DPW Fed FHWA Div I Rev06-22.pdf 1.29 rev. 06.22