HomeMy WebLinkAboutUnited Rotary Brush Product Requirements Contract - Bid 12302516 - 9-14-23 Lu"UJIyI CI lvtflu u,IU. .7VCl,:JLVJ-:1YCL/-4JMO-M I JI�-OJJJJJVVLM I
PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO,
a California municipal corporation (City), and United Rotary Brush, a Kansas Corporation
(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
Reauirements Contract for Sweeper Brooms (Bid File No. 12302516 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 MILLION TWO
HUNDRED SIXTY TWO THOUSAND EIGHT HUNDRED AND SEVENTEEN
THOUSAND DOLLARS AND ZERO CENTS 2 262 817.00), 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.]
GSD-S Formal Bid RC—�roduct(08-2023)
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