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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. -1- FIN-S Informal Bid Contract —PWI (05-2023) UUUU01yiI CI IVtNUPt: IU. U IODUDM -N/ OM-'FUVJ-DI.DJ-I,UJD I / CJ'#UI V 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.] -2- FIN-S Informal Bid Contract —PWI (05-2023) UUUUJnJ.II CI IVCIU pt: IU. U I I / CS-FU( V 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 -3- 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