DPW-S Formal Bid Contract – Public Work Improvement (01-2023)
CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered in to by and between CITY OF FRESNO, a California municipal corpor ation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows:
1. Contract Documents. The “Notice Invi ting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” in cluding “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of wh ich are annexed hereto, together with all the drawings, plans, and document s 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 [Written Dollar Amount] dollars and [Written Cents Amount] cents ($ [A mount]), 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 time s, 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 2782.8, 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 pers onal injury, death at any time and property damage) incurred by City, Cont ractor or any other person, and from any and all claims, demands, and actions in law or equity (including attorney’s fees, litigation expenses and cost to enforce), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor ’s obligations under the prec eding 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 office rs, 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. Contract or acknowledges the provisions of DPW-S Formal Bid Contract – Public Work Improvement (01-2023)
Section 6705 of the Calif ornia Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith.
6. Worker’s Compensation Ce rtification. 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 C ode, 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.’
7. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. T he previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [Signatures follow on the next page.]
DPW-S Formal Bid Contract – Public Work Improvement (01-2023)
IN WITNESS WHEREOF, the parties have exec uted 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]
B y :
N a m e :
(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 :
B y :
N a m e :
(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
B y :
[Name], [Title]
[Department]
D a t e d :
ATTEST:
TODD STERMER, CMC
City Clerk
B y :
Date
Deputy
No signature of City Attorney required
Standard Document #DPW-S Formal Bid
Contract – PWI (01-2023) 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]