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HomeMy WebLinkAboutCFM-SF, Inc, - Contract - Bid 9654 - 06-27-22DocuSign Envelope ID: 63BB81DOD-545F-4318-8214-0406BDDABE2B PRODUCT REQUIREMENTS CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and CFM-SF, Inc, 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: REBID Product Requirements Contract for Magnetic Flow Meters Bid File No. 9654 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 114 874.70, 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. 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. 5. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. [Signatures follow on the next page.] DocuSign Envelope ID: 63BB8DOD-545F-4318-8214-0406BDDABE2B 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. CITY OF FRESNO, A California municipal corporation By: FGocuSigned by: tIlliSSa. pfr_n1l t 6/15/2022 .smElRales, Purchasing Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney pocu5igned by: By. fyAj, ejA. (Af l-d 6/27/2022 CF05444CAA6408... Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk Docu5igned by: By: CF9ABC6856CCF424 + 6/27/2022 Date Deputy Addresses: CITY: City of Fresno Attention: James E. Jackson Senior Procurement Specialist 2600 Fresno St. Fresno, CA 93721 Phone: (559) 621-1165 FAX: (559) 457-1309 E-Mail: James.Jackson2@fresno.gov CFM-SF, INC, A California Corporation [_ DocuSigned by: By: 6/15/2022 FUF4406178C449.. Name: rim Rose Title: President & cEo (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By:Figned by: lZad ktjj ijX 6/15/2022 61A68B6AE6DA4BF Name: Michael McBride Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: l7ucuSipied by: Y.—e' e. yl. " '' 6/15/2022 72403780748C477— CONTRACTOR: CFM-SF, INC Attention: Dawn Day Account Manager 815 Arnold Dr. Suite 118 Martinez, California 94553 Phone: 925-787-0733