HomeMy WebLinkAboutBauer Compressors Inc Product Purchase Contract Bid 12302062 7-5-23 DocuSign Envelope ID:121 DF719-7F57-4733-975E-E19CF97CFAAB
PRODUCT PURCHASE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY
OF FRESNO, a California municipal corporation (City), and BAUER COMPRESSORS
INC., a Virginia 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: Fresno Fire MSA-
G1 Self Contained Breathing Apparatus SCBA Bid File No. 12302062 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 monetary consideration of FOUR MILLION FOUR
HUNDRED TEN THOUSAND SIXTY DOLLARS AND SEVENTY ONE CENTS
($4,410,080.71), 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.
5. The City Manager, or designee, is hereby authorized and directed to
execute and implement this Agreement. The previous sentence is not intended to
GSD-B Formal Bid Contract—Product(12-2022)
DocuSign Envelope ID: 121 DF719-7F57-4733-975E-E19CF97CFAAB
delegate any authority to the City Manager to administer the Agreement, any delegation
of authority must be expressly included in the Agreement.
[Signatures follow on the next page.]
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DocuSign Envelope ID: 121DF719-7F57-4733-975E-E19CF97CFAAB
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, BAUER COMPRESSORS INC.,
A C grAg mpnicipal corporation a Vi p ration
BASSA �t Va�t,S 7/5/2023 By: Jjau?a 6/27/2023
Melissa PeraieS Anthony Bayat
Purchasing Manager Name:
General Services Department
Title: President
APPROVED AS TO FORM: (If corporation or LLC., Board Chair,
ANDREW JANZ ��iiEd�6ce Pres.)
city 9hC5it p'm"y: ( Suf' 6/19/2023
7/5/2023
By: f 1 _ 63 Dat Name:Leslie Rhue
Brandon M. Collet
e
Supv./Senior Deputy City Attorney Title: secretary/Treasurer
ATTEST: (If corporation or LLC., CFO, Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City � ,y„by: REVIEWED BY:
7/5/2 02 3 DmuSigned by:
By: �ivta Gf oUY �}�aan Q a�.a. 7/5/2023
Date
Deputy Dyan Ayala
Addresses:
CITY: CONSULTANT:
City of Fresno Bauer Compressors Inc
Attention: Gilbert Elizondo, Senior MA Attention: Tim McGuire, Branch Mgr.
2600 Fresno Street 267 E. Airway Blvd
Fresno, CA 93721 Livermore, CA 94551
Phone: (559) 621-4010 Phone: (925) 449-7210
E-mail: Gilbert.Elizondo@fresno.gov E-mail: Tim.Mcguire@bauersf.com
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