HomeMy WebLinkAboutSC Commercial, LLC dba SC Fuels - Contract - Bid 12300238-1 - 05-25-23LIUuu,31yiI CI IVCIUF qC IU. DLitt-+ UV -VDU C-•}Uy OIJULU GU I'D
PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO,
a California municipal corporation (City), and SC COMMERCIAL, LLC DBA SC FUELS,
a California LLC (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: Product
Requirements Contract for Fuel Emergency Generators at City Water Wells and Surface
Water Facilities Bid File No. 12300238-1 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 FOURTEEN
THOUSAND THREE HUNDRED FIFTY SIX DOLLARS AND THIRTY EIGHT CENTS
($14,356.38, 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.
GSD-B Informal Bid RC — Product (03-2023)
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[Signatures follow on the next page.]
GSD-B Informal Bid RC — Product (03-2023)
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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
DocuSigned by:
By: ECLSSa w 5
jS�MAltles, Purchasing Manager
General Services Department
Dated: 5/23/2023
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
DocuSigned by:
By: J., Ubj 5/23/2023
1 CFC5444CAAG40B... Date
Supv/Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
DocuSigned by:
By; 5/25/2023
6CA1388820964 E3. Date
Deputy
City address:
City of Fresno
Attention: James E. Jackson,
Senior Procurement Specialist
2101 G. Street; Bldg. A
Fresno, CA 93706
GSD-B Informal Bid RC — Product (03-2023)
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SC COMMERCIAL, LLC DBA SC
FUELS,
a California LLC
uSigned by:
By.FZA4
32F9D22F64FF4B0..
Name: Robert W. Bollar
Title: cor sec and vP
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated: 4/30/2023
By:EDocuSigned by:
S60A14362AE643E
Name: Edward A. wondergem
Title: CFO
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated: 5/23/2023