A240499 2024-03 CPDARPADivI 1.24 rev. 8.24
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], [Legal Identity] (Contractor) as follows:
1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “G eneral Conditions,” “Spec ial 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 consi deration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($ [Amount]), as set forth in t he 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 t he 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 Cont ractor agrees to accept electronic payment from City.
4. Indemnification. To the furt hest extent allowed by law, including California Civil Code section 2782, Consultant 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this Contract) that aris e out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Consultant should subcontract all or any po rtion of the services to be performed under this Agreement, Consultant 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:
I am aware of the provisions of Se ction 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 C ode, and I will comply with such provisions before A240499 2024-03 CPDARPADivI 1.25 rev. 8.24
commencing the performance of work of this Contract and will make my subcontractors aware of this provision.
7. Contractor’s duties and services under th is Agreement shall not include preparing or assisting the City with any portion of the City ’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, pr eliminary, or initial pl ans or specifications prepared by Contractor pursuant to this Agreement.
8. The City Manager, or desig nee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to de legate 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.]
A240499 2024-03 CPDARPADivI 1.26 rev. 8.24
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]
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 :
Deputy Date
No
signature of City Atto rney required Standard
Document #DPW-S Formal Bid Contract – PWI
(12-2023) 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]