Planning Services for Hydrogen Infrastructure & Facility Master Plan, Request for Qualifications No. 12502218
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SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and WSP, USA, Incorporated (Contractor/Consultant) as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviti ng Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "Gener al Conditions," "Special Conditions", “Federal Conditions”, “Functional Specifications” and “Technical Requirements” for the following: Planning and Design Services for Hydrogen Infrastructure & Facility Master Plan, RFQ No. 12502218 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 he reby incorporated into and made a part of this Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration not to exceed one million four hundred thousand dollars ($1,400,000), as set forth in the Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, an d 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. Refer to Attachment: RESULTS OF NEGOTIATION MEMORANDUM
PLANNING & DESIGN SERVICES FOR HYDROGEN INFRASTRUCTURE & FACILITY MASTER PLAN, RFQ NO. 12502218.
4. INDEMNIFICATION. To the furthest extent allowed by law, including California Civil Code section 2782.8 (if applicable), 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. [Signatures follow on the next page.]
Planning Services for Hydrogen Infrastructure & Facility Master Plan, Request for Qualifications No. 12502218
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IN WITNESS WHEREOF, the parties have execut ed 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:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Wharton Date
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
WSP USA,
Inc.
By:
Shaldona Baldwin
District Business Leader (Principal)
By:
Hilary F. Jassey
Secretary
Addresses:
CITY:
City of Fresno
Attention: Orie Rubalcava
Projects Administrator, Department of
Transportation, Fresno Area Express
(FAX)
2223 G Street
Fresno, CA 93706
Telephone: (559) 621-1537
E-Mail: [email protected]
CONTRACTOR:
WSP, USA, LLC
Attention: Lance MacNiven
Project Manager
888 S. Figueroa St., Suite 1800
Fresno, CA 90017
Telephone: (310) 948-5666
E-Mail: [email protected]
Attachment: RESULTS OF NEGOTIATION MEMORANDUM PLANNING & DESIGN SERVICES FOR HYDROGEN INFRASTRUCTURE & FACILITY MASTER PLAN – RFQ NO. 12502218
RESULTS OF NEGOTIATION MEMORANDUM
PLANNING & DESIGN SERVICES FOR HYDROGEN INFRASTRUCTURE & FACILITY MASTER PLAN RFQ NO. 12502218
As a result of negotiations, Special Conditions, Section 1 has been modified and supersedes the previous version, the contents of which can be found in the subsequent pages of this memorandum.
City of Fresno
Department of Transportation
_______________________
Sharlee Flores
Senior Management Analyst
Attachments:
1. Special Conditions, Section 1, page A2
Attachment 1- Special Conditions, Section 1, page A2 (Amended)
1. PAYMENT: The Proposer shall invoice th e City of Fresno on a monthly reimbursement schedule. The contract payments are based on a cost plus fixed fee as listed in the cost proposal attachment. Invoices shall conspicuously display the City’s contract number and shall be submitted to:
ATTENTION:
City of Fresno
Department of Transportation/FAX
Attn: Orie Rubalcava
2223 G. Street Fresno, CA 93706
Contractor hereby agrees not to assign the payment of any monies due Contractor from City under the terms of this Contract to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Contractor directly to Contractor