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GSD-S Formal Bid Contract – PWI (04-2024)
CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT (Contract) is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and Power Design Electric, 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: Downtown Neighborhood Safe School Crossings (Bid File No. 12700027) copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and P ayment 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 one million ninety-eight thousand two-hundred sixty dollars and eighty-five cents ($1,098,260.85), 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. The City accepts the Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the time s, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from the City.
4. Indemnification. To the furthest extent allowed by law, the Contractor shall indemnify, hold harmless and defend City and each o f its officers, officials, employees, agents, and volunteers from any and all loss, liabi lity, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict li ability, including, but not limited to personal injury, death at any time and property dam age) incurred by City, Contractor or any other person, and from any and all claims, dema nds and actions in law or equity (including reasonable attorney's fees, litigation e xpenses, and costs to enforce this Contract), arising or alleged to have arisen directly or indirectly out of performance of this Contract. The Contractor’s obligations under the p receding 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 the City or any of its officers, officials, employees, agents, or volunteers.
If the Contractor should subcontract all or any portion of the work to be performed under this Contract, the Contractor shall require e ach 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. - 2 -
GSD-S Formal Bid Contract – PWI (04-2024)
This section shall survive termination or expiration of this Contract.
5. Trench Shoring Detailed Plan. Contractor acknow ledges the provisions of Section 6705 of the California Labor Code and, if s aid provisions are applicable to this Contract, agrees to comply therewith.
6. Worker’s Compensation Certification. In complia nce 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 wor k of this Contract and will make my subcontractors aware of this provision.
[Signatures follow on the next page.]
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GSD-S Formal Bid Contract – PWI (04-2024)
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execu tion by City shall be subsequent to that of Contractor’s, and this Contract shall be bi nding and effective upon execution by both parties.
CITY OF FRESNO,
a California municipal corporation
By:
[Name], [Title]
General Services Department
Dated:
No signature of City Attorney required.
Standard Document #GSD-S Formal Bid
Contract – PWI (04-2024) has been used
without modification, as certified by the
undersigned.
By:
[City Certifier Name]
[City Certifier Title]
General Services Department
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
City address:
City of Fresno
Attention: Jason Miller, Licensed
Professional Engineer
747 R St., 2
nd Floor
Fresno, CA 93721
Phone: (559) 621-8653
E-mail: [email protected]
Power Design Electric,
Inc.
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
Consultant Address:
Power Design Electric, Inc.
Attention: Robert Glover, President
PO Box 251
Kingsburg, CA 93631
Phone: (559) 897-2599
E-mail: [email protected]