HomeMy WebLinkAboutTolar Manufacturing Company, Inc Product Requirements Contract 9-28-23GSD-S Formal Bid RC – Product (08-2023)
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PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO,
a California municipal corporation (City), and Tolar Manufacturing Company, Inc.of
Corana Ca, (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: Product
Requirements Contract for Bus Shelters and Amenities (Bid File No. 12302459)
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 SEVEN MILLION FIFTY
THOUSAND EIGHT HUNDRED SEVENTY-SEVEN DOLLARS AND ZERO CENTS
($7,050,877.00), as set forth in the Bid Proposal, the Contractor promises and agrees to
furnish or cause to be furnished, in a new and working condition, and to the satisfaction
of the City, and in strict accordance with the Specifications, all of the items as set forth in
the Contract Documents.
3. PAYMENT. The City accepts the 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. The 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), the Contractor shall indemnify, hold
harmless and defend the 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 the City, the 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 costs to enforce this agreement), arising or
alleged to have arisen directly or indirectly out of performance of this Contract. The
Contractor's obligations under the preceding sentence shall apply regardless of whether
the 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 the City
or any of its officers, officials, employees, agents, or volunteers.
If the Contractor should subcontract all or any portion of the work to be performed
under this Contract, the Contractor shall require each subcontractor to indemnify, hold
harmless and defend the 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: E8AA672D-7C34-4B08-9436-0A632DAD1030
GSD-S Formal Bid RC – Product (08-2023)
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IN WITNESS WHEREOF, the parties have executed this Contract on the day and
year here below written, of which the date of execution by the City shall be subsequent
to that of the Contractor’s, and this Contract shall be binding and effective upon execution
by both parties.
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales,Purchasing Manager
General Services Department
Dated:
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
No signature of City Attorney required.
Standard Document #GSD-S Formal
Bid RC – Product (08-2023) has been
used without modification, as certified by
the undersigned.
By:
Tamra Torrence
Senior Procurement Specialist
General Services Department
City address:
City of Fresno
Attention: Shelle O'Brien,
FAX Maintenance Division
2223 G Street
Fresno, CA 93706
Tolar Manufacturing Company, Inc.,
of Corona, Ca.
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
DocuSign Envelope ID: E8AA672D-7C34-4B08-9436-0A632DAD1030
president
GARY TOLAR
10/2/2023
10/2/2023
Patrick Merrick
EVP
10/2/2023
10/2/2023