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HomeMy WebLinkAboutPreferred Pump & Equipment LP - Contract - 3-7-2023LIUUU,D1y1I CI IVWUP. - ILI. UJZn.,LJL4\..- I �mI --to I D-o I UU-D��L m.'L/JUI l r- Product Requirements Contract for Stenner Chemical Feed Pumps and Parts Bid File No. 12301569 PRODUCT REQUIREMENTS CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and PREFERRED PUMP & EQUIPMENT LP, A California 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: STENNER CHEMICAL FEED PUMPS AND PARTS (Bid File No. 12301569) 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 $13,847.13, 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. 4. iNDEIVINIFICATION: 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 ciaims, demands and actions in law or equity (including attorney's fees and Kigation expenses), arising or alleged to have arisen directly or indirectly out of perforrnance of t' its 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 C! y 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. 5. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. [Signatures follow on the next page.] Informal Product RC— DPU B3 Rev. 10-2022 L/UUU'Dl II GI IvCIUl.1C IU. IUMI -NO I D-O I UU-D5YLJZA UJUI Ur - Product Requirements Contract for Stenner Chemical Feed Pumps and Parts Bid File No. 12301569 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 both parties. CITY OF FRESNO, A California municipal corporation DocuSigned by: By: 3/6/2023 Purchasing Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney DocuSigned by: By: YjA r 3/7/2023 c=c:s. r_,L,4.64DS Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk —Cocu Signed by By:'.. 3/7/2023 Date Deputy Addresses: CITY: City of Fresno Attention: James E. Jackson Senior Procurement Specialist 2101 G. Street, Bldg. A Fresno, CA 93706 Phone: (559) 621-1165 FAX: (559) 457-1309 be binding and effective upon execution by PREFERRED PUMP & EQUIPMENT LP, A California Corporation ,—DocuSigned by: By:I 91 r 3/3/2023 �_3E59107O00FU96 Name: Scott • Si zemore Title: v. P. of operations (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: 43DocuSigned by: yea CL1/m.— 3/3/2023 aenanaaae... Name -.Craig Shelton Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: DocuSigned by: �r� fi. �urkw.l 3/6/2023 724037B6D78C477 CONTRACTOR: Preferred Pump & Equipment Attention: Craig Shelton Chief Financial Officer 2201 Scott Ave. Fort Worth, TX 76103 Phone: (817) 536-9800 FAX: (817) 413-2626 Informal Product RC DPU B4 Rev. 10-2022