HomeMy WebLinkAboutClay Miranda Trucking Inc -Service Agreement - 07.12.2022DocuSign Envelope ID: ABD910D4-0645-4FSE-9274-404FCFF4167A
SERVICE CONTRACT
This Contract is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and CLAY MIRANDA TRUCKING, INC., a
California corporation (Contractor), 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: Requirements Contract for Trucking Services Proposal
No. 9640 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 SIX HUNDRED SEVENTY-
FOUR THOUSAND ONE HUNDRED FIFTY DOLLARS AND ZERO CENTS
($674,150 .00), as set forth in the Proposal, Contractor promises and agrees to perform
or cause to be performed, in a good and workmanlike manner, and to the satisfaction of
the City, 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 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. Contractor agrees to accept electronic
payment from the City.
4. INDEMNIFICATION. To the furthest extent allowed by law, including
California Civil Code section 2782 (if applicable), the Contractor 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 the City, the 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), that arise out of, pertain to, or relate to the negligence,
recklessness or willful misconduct of the Contractor, its principals, officers, employees,
agents, or volunteers in the performance of this Agreement.
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.
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.]
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DocuSign Envelope ID: ABD910D4-0645-4FSE-927 4-404FCFF4167 A
IN WITNESS WHEREOF, the parties have executed this Contract on the day and
year here below written, of which the date of execution by the City shall be subsequent
to that of the Consultant's, and this Contract shall be binding and effective upon execution
by both parties.
CITY OF FRESNO,
A C · QfJ;tj~,mµ.nicipal corporation
By: fl.ttli SSIA-f U"tili,,S
Melissa Pera'les
Purchasing Manager
APPROVED AS TO FORM :
CITY A,1J~J3t;fEY'S OFFICE
By: ~~~ 7;12;2022
Date
Supv./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMG
City CIP.rk
7/12/2022By:c~::i:
Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Sherri Cuadros
Procurement Specialist
2600 Fresno St.
Fresno, CA 93706
Telephone: (559) 621-1151
E-Mail: Sherri.Cuadros@Fresno.gov
CLAY MIRANDA TRUCKING, INC.,
a C~nianooporation
By: ~ if .rAtirtUA-tk
Michael c MirandaName:
Title : _v_i_ce_P_re_s_id_e_n_t _______
(If corporation or LLC., Board Chair,
Pr;,~.;%s ,gtd',(j,ce Pres.)
By: [£,1,~iL {,b6fU'
EDF 19AIOB0c 1415..
Debbie cooperame: ____________N
Title: secretary
(If corporation or LLC ., CFO , Treasurer,
Secretary or Assistant Secretary)
CONTRACTOR:
Clay Miranda Trucking, Inc.
Attention: Mike Miranda
Vice President
3220 W. Belmont Ave.
Fresno, CA 93722
Telephone: (559) 275-6250
E-Mail: Mike@cmtink.com
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