HomeMy WebLinkAboutWay Sine, LLC - Contract - 11-29-2022UUL,U,Dl I I CI IVCIUpt:C IU. ! 1 r! Dy
Solar Real Time Digital Displays, Bid File No. 9663
PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal
corporation, hereinafter called the "City," and Way Sine, LLC, hereinafter called the "Contractor," as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal,"
and the "Specifications" including "General Conditions", "Special Conditions" and "Technical Specifications" for
the following: Requirements Contract for Solar Real Time Digital Displays (Bid No. 9663) copies of which are
annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed
documents, and are hereby incorporated into and made a part of this Contract, and shall be known as the
Contract Documents.
2. PRICE. For the estimated monetary consideration of TWO HUNDERED AND TWENTY
THREE THOUSAND FOUR HUNDRED AND SIXTY ONE DOLLARS AND EIGHTY EIGHT CENTS
($223,461.88), as set forth in the Bid Proposal, Contractor promises and agrees to furnish or cause to be
furnished, in a new and working condition, and to the satisfaction of City, and in strict accordance with the
Specifications, all of the items 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 the City.
4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section
2782 (if applicable), 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 attorney's fees and litigation expenses), 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 by 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.
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Solar Real Time Digital Displays, Bid File No. 9663
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.
Way Sine, LLC
—DocuSigned by:
`B4002M E5244B5...
Karl 4aR%:
(Type or print written signature.)
Managf%:member
.12212062ted:
By:
Name:
(Type or print written signature.)
Title:
Dated:
CITY OF FRESNO,
a California mDo qj4 ipal corporation
[Name], �PI�8R9�nager
Finance Department
Dated: 11/22/2022
ATTEST:
TODD STERMER,
City Clel-k---DocuSignedby,
By 11/29/2022
Deputy
No signature of City Attorney required. Standard
Document #FIN 4.0 has been used without
modification, as certified by the undersigned.
By:
[City Certifier Name]
[City Certifier Title]
Finance Department
City address:
City of Fresno
2223 G Street
Fresno, CA 93706
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