HomeMy WebLinkAboutSilvas Oil Company, Inc. - Bid 9593 - Automotive Oils - 2021PRODUCT 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 SILVAS OIL COMPANY, INC.,
a California company, 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 AUTOMOTIVE
OILS FOR FRESNO AREA EXPRESS (Bid File No. 9593) 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 not to exceed ONE HUNDRED
FORTY-THREE THOUSAND DOLLARS AND ZERO CENTS ($143,000.00), 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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DocuSign Envelope ID: BDEA753D-DE4D-4DC8-B7B9-C24777606DD2
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.
SILVAS OIL COMPANY, INC.,
a California Company
By:
Name:
(Type or print written signature.)
Title:
Dated:
By:
Name:
(Type or print written signature.)
Title:
Dated:
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales, Purchasing Manager
Finance Department
Dated:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
City Attorney’s Office
By:
Brandon Collet Date
Senior Deputy City Attorney
City address:
City of Fresno
Attention: Sandra Gamez
Senior Procurement Specialist
2600 Fresno Street, Room 2156
Fresno, CA 93721
DocuSign Envelope ID: BDEA753D-DE4D-4DC8-B7B9-C24777606DD2
4/27/2021
PRESIDENT
John R. Silvas
Christy Robb
Administrative Assistant
4/27/2021
4/27/2021
4/28/2021
5/3/2021