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HomeMy WebLinkAboutKR Surface Industries Informal Service Contract Bid 12300941 1.23.2023pdf- 1 - FIN-S Informal Bid Contract FIN (10-2022) INFORMAL SERVICE CONTRACT CITY OF FRESNO, CALIFORNIA THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and [KR Surface Industries], (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids”, ”Bid Proposal”, General Conditions”, Instructions to Bidders”, “Special Conditions”, “Technical Specifications”, and “Technical Specifications” for the following: High Pressure Water Blast For Rubber Removal on Runway Centerline Surfaces (Bid File No. 12300941) 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 consideration of Forty-Nine Thousand Nine Hundred Fifty Dollars and Zero Cents ($49,500.00), 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 times, in the amounts, and under the conditions specified in the Contract Documents. Contractor agrees to accept electronic payment from City. 4. Indemnification. To the furthest extent allowed by law, 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 personal injury, death at any time and property damage) incurred by CITY, CONTRACTOR or any other person, 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 agreement), 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 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 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. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: F74055FA-78F1-4277-B0A9-78BE4724213E -2 - FIN-S Informal Bid Contract FIN (10-2022) 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. KR SURFACE INDUSTRIES By: Name: (Type or print written signature.) Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: Melissa Perales, Purchasing Manager, or Designee General Services Department Dated: No signature of City Attorney required. Standard Document #FIN-S Informal Bid Contract (10-2022) has been used without modification, as certified by the undersigned. By: Tamra Torrence Senior Procurement Specialist General Services Department ATTEST: TODD STERMER, CMC By: Date Deputy City address: City of Fresno Attention: Richard Rogers, Facilities Manager 4995 E Clinton Way Fresno, CA 93727 E-mail Richard.Rogers@fresno.gov DocuSign Envelope ID: F74055FA-78F1-4277-B0A9-78BE4724213E President 1/23/2023 Ann F Rebol 1/23/2023 John Koval VP 1/23/2023 1/23/2023 1/23/2023