HomeMy WebLinkAboutRain For Rent a dba of Western Oilfields Supply Co Contract-Pump Station 185 - Bid 12401434-4-29-24GSD-S Informal Bid Contract – PWI (04-2024)
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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 185 (Bid File No. 12401434) 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 Eighty one thousand,
seven hundred forty two dollars and ninety two cents ($81,742.92), as set forth in the Bid
Proposal, the 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. 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.
4. Indemnification. To the furthest extent allowed by law, the 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 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 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.
DocuSign Envelope ID: 38618606-9B25-45B1-AC3F-3F4FDDF7514E
GSD-S Informal Bid Contract – PWI (04-2024)
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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:
I 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.]
DocuSign Envelope ID: 38618606-9B25-45B1-AC3F-3F4FDDF7514E
GSD-S Informal Bid Contract – PWI (04-2024)
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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 the Contractor’s, and this Contract shall be binding and effective upon execution
by both parties.
WESTERN OILFIELDS SUPPLY
COMPANY, A DELAWARE
CORPORATION, DBA RAIN FOR RENT
Name:
(Type or print written signature)
Title:
(If corporation or LLC., Board Chair,
Pres., or Vice Pres.)
Dated:
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
Consultant Address:
Western Oilfields Supply Company
dba Rain for rent
Attention: David Schisler,
Assistant Corporate Secretary
3404 State Road
Bakersfield, CA 93308
Phone: 661-399-9124
E-mail: contracts@rainforrent.com
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales,
Purchasing Manager
General Services Department
Dated:
No signature of City Attorney required.
Standard Document #GSD-S Informal
Bid Contract – PWI (04-2024) has been
used without modification, as certified by
the undersigned.
By:
James E. Jackson
Senior Procurement Specialist
General Services Department
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
City address:
City of Fresno
Attention: James E. Jackson,
Senior Procurement Specialist
2101 G. Street; Bldg. A
Fresno, CA 93706
Phone: 559-621-1165
E-mail: james.jackson2@fresno.gov
By:
DocuSign Envelope ID: 38618606-9B25-45B1-AC3F-3F4FDDF7514E
4/25/2024
Tommy Mai
Director of Contracts
David Schisler
4/26/2024
Assistant Corporate Secretary
4/28/2024
4/29/2024
4/29/2024