HomeMy WebLinkAboutProterra - Bid 9553 - Requirements Contract for 40' Low Floor, Long Range Battery Electric Bus - 2020
FIN 4.0/11-26-12
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PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation, hereinafter called the "City," and PROTERRA, INC.,
hereinafter called the "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: REQUIREMENTS CONTRACT FOR 40' LOW
FLOOR, LONG RANGE, BATTERY ELECTRIC BUS (Bid File No. 9553) copies of which are
annexed hereto, together with all the drawings, plans, and documents specifically referred to in
said annexed documents, and are hereby incorporated into and made a part of this Contract,
and shall be known as the Contract Documents.
2. PRICE. For the estimated monetary consideration of SIX MILLION SEVEN
HUNDRED AND TWENTY-EIGHT THOUSAND EIGHT HUNDRED AND SIXTY-NINE
DOLLARS AND ZERO CENTS ($6,728,869.00), as set forth in the Bid Proposal, Contractor
promises and agrees to furnish or cause to be furnished, in a new and working condition, and to
the satisfaction of City, and in strict accordance with the Specifications, all of the items as set
forth in the Contract Documents.
3. PAYMENT. City accepts 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, including California
Civil Code section 2782 (if applicable), 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 attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out of performance of this Contract. Contractor's obligations
under the preceding sentence shall apply regardless of whether 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 by the willful misconduct, of City or any of its officers, officials, employees, agents
or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this
Contract, Contractor 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 Contract.
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DocuSign Envelope ID: 6E25AB2A-6F06-4EFC-BA81-EABE334F47EC
FIN 4.0/11-26-12
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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.
PROTERRA,
INC.,]
By:
Name:
(Type or print written signature.)
Title:
Dated:
By:
Name:
(Type or print written signature.)
Title:
Dated:
CITY OF FRESNO,
a California municipal corporation
By:
MELISSA PERALES,
Purchasing Manager
Finance Department
Dated:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:
Deputy
No signature of City Attorney required.
Standard Document #FIN 4.0 has been used
without modification, as certified by the
undersigned.
By:
SANDRA GAMEZ,
Senior Procurement Specialist
Finance Department
City address:
City of Fresno
Attention: Sandra Gamez,
Senior Procurement Specialist
2600 Fresno Street, Room 2156
Fresno, CA 93721
DocuSign Envelope ID: 6E25AB2A-6F06-4EFC-BA81-EABE334F47EC
12/15/2020
John Walsh
Senior Vice President
cfo
12/16/2020
Amy Ard
12/16/2020
12/16/2020
12/16/2020
K:forms/NTPRCLtrWithoutPO 12-18
Finance Department Purchasing Unit - (559) 621-1332 - FAX (559) 488-1069 - www.fresno.gov Michael Lima
2600 Fresno Street, Room 2156 Finance Director
Fresno CA 93721-3622
December 16, 2020
PROTERRA INC.
1815 ROLLINS ROAD
BURLINGAME, CA 94010
Dear Devin Ikenberry,
SUBJECT: NOTICE TO PROCEED
REQUIREMENTS CONTRACT FOR 40’ LOW FLOOR, LONG RANGE, BATTERY
ELECTRIC BUS
BID FILE NO. 9553
This letter constitutes a contract and a notice to proceed in support of a Product Requirements Contract
between the City of Fresno and Proterra Inc., Bid File No. 9553. The contract shall be in effect through
December 16, 2022. The contract may be extended for three, one-year increments. The aggregate term
of the contract, including all extensions, shall not exceed five years.
If you have any questions regarding this contract, please do not hesitate to contact the Procurement
Specialist below.
Sincerely,
Sandra Gamez
Senior Procurement Specialist
Sandra.Gamez@fresno.gov