HomeMy WebLinkAboutWestern Oilfields Supply Company - Contract - Bid 12302730 - 07-19-23L/UI.UJlyl I CIIVCIUPV, IU. L/ IDUUD:JL,-N/ OH-'iUUJ-DI�DJ-I+UJD I ! CU'+UI V
CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT (Contract) is made and entered into by and between CITY OF
FRESNO, a California municipal corporation (City), and WESTERN OILFIELDS SUPPLY
COMPANY, A DELAWARE CORPORATION, DBA RAIN FOR RENT (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: Furnish and Install New
Pump and Assembly at Pump Station 98 Bid File No. 12302730 copies of which
are annexed hereto, together with all the drawings, plans, and documents specifically
referred to in said annexed documents, including Performance and Payment Bonds, if
required, and are hereby incorporated into and made a part of this Contract, and shall be
known as the Contract Documents.
2. Price and Work. For the monetary consideration of One hundred thousand,
five hundred forty dollars and seventV four cents $100,540.74), as set forth in the Bid
Proposal, Contractor promises and agrees to perform or cause to be performed, in a good
and workmanlike manner, under the direction and to the satisfaction of the City's
"Engineer", and in strict accordance with the Specifications, all of the work 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. 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, 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 willful misconduct, of City or any of
its officers, officials, employees, agents, or volunteers.
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FIN-S Informal Bid Contract —PWI (05-2023)
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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. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of
Section 6705 of the California Labor Code and, if said provisions are applicable to this
Contract, agrees to comply therewith.
6. Worker's Compensation Certification. In compliance with the provisions of
Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
am aware of the provisions of Section 3700 of the California Labor
Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such
provisions before commencing the performance of work of this
Contract and will make my subcontractors aware of this provision.
[Signatures follow on the next page.]
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FIN-S Informal Bid Contract —PWI (05-2023)
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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 City shall be subsequent to
that of Contractor's, and this Contract shall be binding and effective upon execution by
both parties.
WESTERN OILFIELDS SUPPLY CITY OF FRESNO,
COMPANY, A DELAWARE a California municipal corporation
CORPORATION, DBA RAIN FOR RENT
DocuSigned by:
By: _-I"`no,m14 m
488AFC48207N5.A.
Name:Tommy Mai
Title Director of Contracts
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:7/18/2023
DocuSigned by:
By: 614 CL.I.uS I.v
F. A06E MOM 264 a 8..
Name: David schi sl er
DocuSigned by:
By:
Purchasing Manager
Department of General Services
Dated: 7/19/2023
No signature of City Attorney required.
Standard Document #FIN-S Informal Bid
Contract — PWI (05-2023) has been used
without modification, as certified by the
undersigned.
DocuSigned by:
By: 7/19/2023
c,E$cdackson
Title: Ass! stant Corl2orate secretaryZstrategi c copt*ylpfsrWp#ggment Specialist
(If corporation or LLC., CFO, Treasurer, Department of General Services
Secretary or Assistant Secretary)
Dated: 7/18/2023
Any Applicable Professional License:
Number: 904992
Name: Western Oilfields Supply
Comoanv dba Rain for Rent
Date of Issuance: 10-16-2007
Contractor Address:
Western Oilfields Supply Company dba
Rain for Rent
3404 State Road
Bakersfield, CA 93308
Phone: 661-399-9124
E-mail: contracts@rainforrent.com
ATTEST:
TODD STERMER, CIVIC
City Clerk
DocuSigned by:
By: ty& k_(1 w- 7/19/2023
P2FIBC57F778C46 . Date
Deputy
City address:
City of Fresno
Attention: James E. Jackson,
Senior Procurment Specialist
2101 G. Street; Bldg. A
Fresno, CA 93706
Phone: (559) 621-1165
E-mail: james.jackson2@fresno.gov
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FIN-S Informal Bid Contract —PWI (05-2023)
Tina Your
From: DocuSign NA3 System <dse_NA3@docusign.net> on behalf of James Jackson via
DocuSign <dse_NA3@docusign.net>
Sent: Wednesday, July 19, 2023 10:27 AM
To: Clerk
Subject: Complete with DocuSign: 12302730 PWI Contract.pdf
External Email: Use caution with links and attachments
DocuSign
James Jackson
James.Jackson2@fresno.gov
PRIVATE MESSAGE
Informal Public Work of Improvement project, not reviewed by Council_
Clerk's Office,
Please DocuSign 12302730 PWI Contract.pdf
Thank You, James Jackson