HomeMy WebLinkAboutUnivar Solutions USA, Inc - Contract - Bid 12301172 - 03-31-23uuuuJIIJ.II CIIVCluytC IU. rU/iy4/L/-Lim /C-YJMU-00I U-/GJOur rLCVF1V
PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO,
a California municipal corporation (City), and UNIVAR SOLUTIONS USA, INC., An Illinois
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
Requirements Contract for Bulk Sodium Hydroxide. 25% and 50% Bid File No.
12301172) 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 ONE MILLION ONE
HUNDRED EIGHTY FOUR THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS
AND NINETEEN CENTS 1 184 975.19 , 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.
GSD-S Formal Bid RC —Product (03-2023)
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[Signatures follow on the next page.]
GSD-S Formal Bid RC — Product (03-2023)
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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
DO"
Signed by:
By: k&s& wAb s
-rgnkPemles, Purchasing Manager
Finance Department
Dated: 5/31/2023
ATTEST:
TODD STERMER, CIVIC
City Clerk
DocuSigned by:
By: L2F-1BC57F778C4E1..
5/31/2023
Date
Deputy
No signature of City Attorney required.
Standard Document #GSD-S Formal
Bid RC — Product (03-2023) has been
used without modification, as certified by
the undersigned.
DocuSigned by:
By: —ro1 el. wc�rso.4 5/31/2023
Fmvlackson
Senior Procurement Specialist
General Services Department
City address:
City of Fresno
Attention: James E. Jackson,
Senior Procurement Specialist
2101 G Street; Bldg. A
Fresno, CA 93706
GSD-S Formal Bid RC — Product (03-2023)
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UNIVAR SOLUTIONS USA, INC.,
an Illinois corporation
y: DocuSigned by:
`— 66191659F58A4EB
Name:
Joe serna
Title:
vice President - Bulk Chemical Distribution
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
5/31/2023
By: DocuSigned by:
F
8DOF24FO018WT..
Name:
Noelle Perkins
Title:
syP and General Counsel
(If corporation or LLC., CFO, Treasure)
Secretary or Assistant Secretary)
Dated:
5/31/2023
Tina Your
From: DocuSign NA3 System <dse_NA3@docusign.net> on behalf of James Jackson via
DocuSign <dse_NA3@docusign.net>
Sent: Wednesday, May 31, 2023 9:23 AM
To: Clerk
Subject: Complete with DocuSign: 12301172 Formal Bid RC Product Contract_final.pdf
External Email: Use caution with links and attachments
D xuSign-
James Jackson
James.Jacl;so; i2@ resi-io.gov
PRIVATE MESSAGE'
Council ID ID 23-708
Clerk's Office,
Please DocuSign 12301172 Formal Bid RC Product Contract_final.pdf
Thank You, James Jackson