DPW 23.0/01-06-12
GSD JOC DIV I.pdf 1.18 rev. 05-23
CONTRACT
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 [Contractor Name], [Legal Identity] (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: [Title] (Bid File No. [Bid File No.]) 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 Contrac t is an indefinite quantity c ontract for construc tion 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.
Normal Working Hours Adjustment Factor 7: 00 am to 4:00 pm Monday to Friday, except for Owner Holidays:
___________.
b.
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:
___________.
4. Contractor promises and agrees to perform or cause to be performed, in a go od and workmanlike manner, under the dir
ection 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 pa y 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 I.pdf 1.19 rev. 05-23
If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indem nify, 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.
[Signatures follow on the next page.]
DPW 23.0/01-06-12
GSD JOC DIV I.pdf 1.20 rev. 05-23
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.
[Contractor Name],
[Legal Identity]
By:
Name:
(Type or print written signature.)
T i t l e :
(If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
D a t e d :
By:
Name:
(Type or print written signature.)
T i t l e :
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
D a t e d :
CITY OF FRESNO,
a California municipal corporation
By:
[Name], [Title]
Department of Public Works
Dated:
ATTEST:
TODD STERMER, CMC
City Clerk
B y :
Deputy
No signature of City Attorney required. Standard
Document #DPW 23.0 has been used without
modification as certified by the undersigned.
B y :
[City Certifier Name]
[City Certifier Title]
Department of Public Works
City address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]