A230647 2023-03 DPWPLADivI 1.31 rev. 04-23
SAMPLE CONTRACT
CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT (Contract) is made and entered into 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 Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “Ge neral 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 incorporated into and made a part of this Contract, and shall be known as the Contract Documents.
2. Price and Work. For the monetary considerat ion of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($ [Amount]), as set forth in th e 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 sati sfaction 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 times, in the am ounts, 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, hold harmless and defend City and each of its officers, officials, employees, agents and vo lunteers 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, dem ands 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 preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents, or volunteers are passively negligen t, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused by the active or sole neg ligence, 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, 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. 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 Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
A230647 2023-03 DPWPLADivI 1.32 rev. 04-23
I am aware of the provisions of Sect ion 3700 of the California Labor Code which require every employer to be in sured against liability for worker’s compensation or to undertake self-i nsurance 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.
7. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer t he Agreement, any delegation of authority must be expressly included in the Agreement.
[Signatures follow on the next page.]