DPW-B Formal Bid Contract – Public Work Improvement (09-2023)
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, CONTRACTOR shall indemnify, defend and hold harmless City and each of its officers, officials, employ ees, agents, and volunt eers from any and all claims, demands, actions in law or equity, lo ss, liability, fines, penalties, forfeitures, interest, costs including legal fees, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, property damage, or loss of any type) arising or alleged to have arisen directly or indirectly out of (1) any voluntary or involuntary act or omission, (2 ) error, omission or n egligence, or (3) the performance or non-performance of this Contract . Contractor's obligations as set forth in this section 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 the willful miscond uct, of City or any of its of ficers, officials, employees, agents or volunteers.
To the fullest extent allowed by law, and in addition to the express duty to indemnify, Contractor, whenever there is any causal connection between the Contractor’s performance or non-performance of the work or services required under this Contract and any claim or loss, injury or damage of any type, Contractor expressly agrees to undertake a duty to defend City and any of its officers, o fficials, employees, agents, or volunteers, DPW-B Formal Bid Contract – Public Work Improvement (09-2023)
as a separate duty, independent of and broader that the duty to indemnify. The duty to defend as herein agreed to by Contractor expr essly includes all costs of litigation, attorneys fees, settlement costs and expenses in connection with claims or litigation, whether or not the claims are valid, false or groundless, as long as the claims could be in any manner be causally connected to Contractor as reasonably determined by City.
Upon the tender by City to Contractor, Contractor shall be bound and obligated to assume the defense of City and any of it s officers, officials, employ ees, agents, or volunteers, including the a duty to settle and otherwise pursue settlement negotiations, and shall pay, liquidate, discharge and satisfy any and all settlements, judgments, awards, or expenses resulting from or arising out of the claims without reimbursement from City or any of its officers, officials, employees, agents, or volunteers.
It is further understood and agreed by Contractor that if City tenders a defense of a claim on behalf of City or any of its officers, offi cials, employees, agent s, or volunteers and Contractor fails, refuses or neglects to assume the defense thereof, City and its officers, officials, employees, agents, or volunteers may agree to compromise and settle or defend any such claim or action and Contractor shall be bound and obligated to reimburse City and its officers, officials, employees, agents, or volunteers for the amounts expended by each in defending or settling such claim, or in the amount required to pay any judgment rendered therein.
The defense and indemnity obligations set forth above shall be direct obligations and shall be separate from and shall not be limited in any manner by any insurance procured in accordance with the insurance requirements set forth in this Contract. In addition, such obligations remain in force regardless of w hether City provided approval for, or did not review or object to, any insurance Contra ctor may have procured in a accordance with the insurance requirements set forth in th is Contract. The defense and indemnity obligations shall arise at such time that any claim is made, or loss, injury or damage of any type has been incurred by City, and the entry of judgment, arbitration, or litigation of any claim shall not be a condition precedent to these obligations.
The defense and indemnity obligations set forth in this section shall survive termination or expiration of this Contract.
If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each s ubcontractor to Indemnify, hold harmless and defend City and each of its officers, offici als, employees, agents and volunteers in accordance with the terms as set forth above.
5. Trench Shoring Detailed Plan. Contract or acknowledges the provisions of 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 DPW-B Formal Bid Contract – Public Work Improvement (09-2023)
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-B Formal Bid Contract – Public Work Improvement (09-2023)
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 :
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
B y :
Brandon M. Collet Date
Deputy
ATTEST:
TODD STERMER, CMC
City Clerk
B y :
Date
Deputy
City Address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]