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