DPW 23.0/01-06-12
DPW PLA DIV I.pdf 1.20 re v. 01-22
CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CO NTRACT is ma de and en tered into by and bet ween CIT Y OF F RESNO, a C alifornia municipal corporation (City), and [Contractor Name], [Legal Identity] (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: [Title] (Bi d File No. [B id File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the d rawings, plans, and documents specifically refe rred 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 mon etary consideration of [W ritten Dolla r Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and wor kmanlike 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 a ccepts Co ntractor’s Bid Proposal as stated and agrees to pay the consideration s tated, at the times, in the amounts, an d under the conditions spe cified in the Contract Documents.
4. Indemnification. To th e furthest extent allowed by law including Califo rnia Civil Code Section 2782, Contractor shall indemnify, hold harml ess 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, Contracto r or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen direct ly or indi rectly out of performance of this Cont ract.
Contractor’s obliga tions 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 damage s 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, em ployees, agents and volunteers in accordance with the terms of the preceding paragraph.
Thi
s section shall survive termination or expiration of this Contract.
5. Tr ench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicabl e to this Contract, agrees to comply therewith.
6. W orker’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 Cod e, and I will comply with such provisions before commencing the pe rformance 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
DPW PLA DIV I.pdf 1.21 rev. 01-22
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 parti es.
[Contractor Name],
[Legal Identity]
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC, CFO, Treasurer ,
Secretary or Assistant Secretary)
Dated:
CITY OF FRESNO,
a California municipal corporation
By:
[Name], [Title]
Department of Public Works
Dated:
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
No signature of City Attorney required. Standard
Document #DPW 23.0 has been used without
modification as certified by the undersigned.
By:
[City Certifier Name]
[City Certifier Title]
Department of Public Works
City address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]