HomeMy WebLinkAboutChart International Inc. Service Contract -CNG Station Srvc & Maint - RFP 12400018-4-18-24ALL-B Service Provider – Total Fee not to exceed (03-2024)
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SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF
FRESNO, a California municipal corporation (City), and CHART INTERNATIONAL,
INCOPORATED (Service Provider) as follows:
1.CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions
to Proposers," "Proposal" and the "Specifications" including "General Conditions,"
"Special Conditions", “Federal Conditions”, “Functional Specifications” and “Technical
Requirements” for the following: CNG STATION SERVICE & MAINTENANCE (Request
for Proposals No. 12400018) copies of which are annexed hereto, together with all the
documents specifically referred to in said annexed documents, including the Performance
Bond, if required, 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 not to exceed THREE
HUNDRED AND FIFTEEN THOUSAND NINE HUNDRED THIRTY SIX DOLLARS AND
ZERO CENTS ($315,936), as set forth in the Proposal, the Service Provider promises
and agrees to perform or cause to be performed, in a good and workmanlike manner, and
to the satisfaction of City, and in strict accordance with the Specifications, all of the work
as set forth in the Contract Documents.
3.PAYMENT. City accepts Service Provider's 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, Service Provider
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 City,
Service Provider 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 cost to
enforce this Contract), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Service Provider's obligations under the preceding
sentence shall apply regardless of whether the City or any of its officers, officials,
employees, agents or volunteers are negligent, but shall not apply to any loss, liability,
fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or
caused by the willful misconduct, of the City or any of its officers, officials, employees,
agents, or volunteers.
If the Service Provider should subcontract all or any portion of the work to be performed
under this Agreement, the Service Provider 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 Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: BC565343-7776-4013-BA96-C0161870104D
ALL-B Service Provider – Total Fee not to exceed (03-2024)
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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 Contractor's, and this Contract shall be binding and effective upon execution by
both parties.
CITY OF FRESNO, A California municipal corporation
By:
Melissa Perales,
Purchasing Manager,
General Services Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Wharton Date
Asst./Supv./Sr. Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
CHART INTERNATIONAL, Incorporated
By:
Name:
Title:
(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:
Addresses:
CITY:
City of Fresno
Attention: Linda Taylor
Administrative Manager
2223 G Street
Fresno, CA 93706
Telephone: (559) 621-1456 E-Mail: linda.taylor@fresno.gov
SERVICE PROVIDER
Chart International, Incorporated
Attention: Ryan Langer
Technical & Field Service Manager
407 7th Street NW
New Prague, MN 56071-1000
Telephone: 952-243-8568
E-Mail: ryan.langer@chartindustries.com
Operations Manager
3/19/2024
Clinton Smith
3/19/2024
VP, General Counsel & Secretary
Herbert Hotchkiss
DocuSign Envelope ID: BC565343-7776-4013-BA96-C0161870104D
3/25/2024
4/23/2024
DocuSign Envelope ID: BC565343-7776-4013-BA96-C0161870104D
DocuSign Envelope ID: BC565343-7776-4013-BA96-C0161870104D
DocuSign Envelope ID: BC565343-7776-4013-BA96-C0161870104D