HomeMy WebLinkAboutFerguson Enterprises Inc Product Requirements Contract - Bid 12401092 - 1-22-24
GSD-S Informal Bid RC – Product (08-2023)
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PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY
OF FRESNO, a California municipal corporation (City), and FERGUSON
ENTERPRISES, INC., a Virginia Limited Liability Company (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 Joint Restraints (Bid File No. 12401092) 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 NINETY THOUSAND,
THREE HUNDRED FOUR DOLLARS AND THIRTY ONE CENTS ($90,304.31), 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 Contract), 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.
[Signatures follow on the next page.]
DocuSign Envelope ID: F729C928-46F7-4AEB-8B69-F5B586E6693B
GSD-S Informal Bid RC – Product (08-2023)
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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
By:
Melissa Perales, Purchasing Manager
General Services Department
Dated:
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
No signature of City Attorney required.
Standard Document #GSD-S Informal
Bid RC – Product (08-2023) has been
used without modification, as certified by
the undersigned.
By:
James E. Jackson
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
FERGUSON ENTERPRISES, INC.,
a Virginia Limited Liability Company
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
DocuSign Envelope ID: F729C928-46F7-4AEB-8B69-F5B586E6693B
Jim Baize
1/19/2024
General Manager1/19/2024
1/19/2024
1/22/2024