HomeMy WebLinkAboutWest Star Environmental, Inc - Contract - Bid 9636 - Fuel Site and UST Maintenance - 10-20-22LIUUUJIIJ.II CI IVCIUFIC IL/. L/ IVI.iMCF1C-M'4 Ito
SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF
FRESNO, a California municipal corporation (City), and WEST STAR
ENVIRONMENTAL, 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: RFP Requirements_
Contract for Fuel Site and UST Maintenance Repair, and Testing Bid File No. 9636
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 monetary consideration of 280 162.00, 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. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of authority
must be expressly included in the Agreement.
[Signatures follow on the next page.]
FIN-B Product Purchase (10-2022)
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UUUU01YII CI IvCIuptC IU. U I 10
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 Califgrga riunicipal corporation
rozu Igri 4y
lt,IiSS#, Purab s 12/8/2022
B"Y 4 F5 A `8G4
e'fissa Nerales, Purchasing
Manager
Finance Department
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
DocuSigned by:
12/19/2022
By:FPAAdjv-t,
94AD389 B 875Ea 55 Date
Supv./Senior Deputy City Attorney
ATTEST:
TODDSTERMER, CMC
City CWT10md by:
12/19/2022
r. Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Duane Myers, Fleet Manager
2223 G Street
Fresno, CA 93706
Phone: (559) 621-1186
E-mail: duane.myers@fresno.gov
FIN-B Product Purchase (10-2022)
WEST STAR ENVIRONMENTAL, INC.,
A 9a3QrnjadQorporation
By.
�av't, A4,M,jViV, 12/8/2022
Dave Mendrin
Name:
Title: President / Secratary
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
CONTRACTOR:
West Star Environmental, Inc.
Attention: Dave Mendrin, President
4770 W. Jennifer Ave.
Fresno, CA 93722
Phone: (559) 277-9378
E-mail: davem@west-star.net
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Tina Your
From: DocuSign NA3 System <dse_NA3@docusign.net> on behalf of Augustus Krider via
DocuSign <dse_NA3@docusign.net>
Sent: Monday, December 19, 2022 10:36 AM
To: Clerk
Subject: Complete with DocuSign: 9636 Agreement Final Draft.pdf
External Email: Use caution with links and attachments
DmuSign-
Augustus Krider
Augustus. Krider@fresno.gov
City Clerk,
Please DocuSign 9636 Agreement Final Draft.pdf
Thank You, Augustus Krider
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