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HomeMy WebLinkAboutTransportation Management and Design, Inc - Agreement - 2-24-2023uuuuolylI CI IVCIVFIC IL/. CV:JIiCULlD-:J'hGV-VMl+ I-^000-DOL10PAM0.'7.7CrU FRESNO AREA EXPRESS (FAX) TITLE VI ON -CALL CONSULTING SERVICES PROFESSIONAL CONSULTANT SERVICES CONTRACT FOR RFP NO. 12300935 CITY OF FRESNO, CALIFORNIA THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California Municipal corporation (CITY), and Transportation Management and Design, Inc., A California corporation (CONSULTANT), as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "Federal Conditions", for the following: Fresno Area Express (FAX) Title VI On -Call Consulting Services No. 12300935, 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 up to One Hundred Eighty -Five Thousand DOLLARS AND NO CENTS ($185,000), as set forth in the Proposal, CONSULTANT promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. PAYMENT. The CITY accepts the CONSULTANT'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. The CONSULTANT agrees to accept electronic payment from the CITY. 4. INDEMNIFICATION. To the furthest extent allowed by law, CONSULTANT 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), 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 agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT 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 Agreement. 5. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE] L/uL;u Jllyll CIIvu,upu IL/. I-MUVu-DoLiom^oyyr_ru FRESNO AREA EXPRESS (FAX) TITLE VI ON -CALL CONSULTING SERVICES 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 CONTRACTOR'S, and this Contract shall be binding and effective upon execution by both parties. CITY OF FRESNO, A Cali9g9dunicipal corporation By. G°p'_1 9"Iu d 2/24/2023 Gregory 'A. ­Barfield Date Director of Transportation APPROVED AS TO FORM: ANDREW JANZ City Attorney By.[17eeuSlgnea by! w�G bnrkti YIhIT]L4kBAl5l J:1P Naullne Bnckey Deputy City Attorney ATTEST: TODD STERMER 1/31/2023 Date City Clerk . DocuSlgned by: By. fi" (�e 2/24/2023 Depu y Date Addresses: CITY: City of Fresno Attention: Linda Taylor, Administrative Manager 2223 G St. Fresno, CA 93706 Phone: (559) 621-4541 FAX: (559) 488-1065 FIN-B Sery Contract Consult (07-2019) TRANSPORTATION AND DESIGN, INC. A California corporation DLocuSlgned by: BY: I 73FSACE37FF L.:+ Lnlna Langer MANAGEMENT 1/23/2023 Title: President (if corporation or LLC, Board Chair, Pres. or Vice Pres.) Do"I" b7 Melody Kitchens Title: Secretary 1/23/2023 (if corporation or LLC, Board Chair, Pres. or Vice Pres.) REVIEWED BY: 5+GG+'O,,aeu..Signed by: 1/23/2023 CONTRACTOR: Transportation Management & Design, Inc., Attention: China Langer President 2701 Loker Ave. West Carlsbad, CA 92010 Phone: (760) 476-9600 ext. 111 FAX: (760) 476-9602