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