A231023 2023-06 DPWNoFedDivI 1.20 Rev. 06.23
SAMPLE 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 corporation (City), and [Contractor Name], [L egal Identity] (Contractor) as follows:
1. Contract Documents. The “Notice Invi ting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] 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 inco rporated into and made a part of this Contract, and shall be known as the Contract Documents.
2. Price and Work. For the monetary consi deration of [Written Dollar 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 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 Contract or’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.
4. Indemnification. To t he 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 vol unteers 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 pers on, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), aris ing or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall ap ply 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 r equire each subcontractor to i ndemnify, 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 terminati on or expiration of this Contract.
5. Trench Shoring Detailed Pl an. 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 Cert ification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
A231023 2023-06 DPWNoFedDivI 1.21 Rev. 06.23
I am aware of the provisions of Section 3700 of the California Labor Code which require every employ er to be insured against liability for worker’s compensation or to undertake self-i nsurance in accordance with the provisions of that Co de, and I will comply with such provisions before commencing the performance of work of this Cont ract and will make my subcontractors aware of this provision.
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.)
Title:
(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
D a t e d :
ATTEST:
TODD STERMER, CMC
City Clerk
B y :
Deputy
No signature of City Attorney required.
Standard Document # 2022-11 DPW-
SFormalBidContract-PublicWorkofImprovement
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]