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HomeMy WebLinkAboutMotive Energy, LLC - Contract - Bid 12302487 - Requirements Contract for Batteries - 08-10-23DocuSign Envelope ID: A2D2EE3F-6A66-46AC-A520-881A5D9D6BC6 PRODUCT REQUIREMENTS CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and Motive Energy, LLC, (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 Batteries: Automotive, Heavy Duty, Construction] (Bid File No. 12302487 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 THREE HUNDRED AND NINETY SEVEN THOUSAND FIVE HUNDRED THIRTY TWO DOLLARS AND ZERO CENTS ($397,532.00), as set forth in the Bid Proposal, the Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition, and to the satisfaction of the City, and in strict accordance with the Specifications, all of the items as set forth in the Contract Documents. 3. PAYMENT. The City accepts the 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. The 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 reasonable attorney's fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract. The Contractor's obligations under the preceding sentence shall apply regardless of whether the 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 the City or any of its officers, officials, employees, agents, or volunteers. 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. [Signatures follow on the next page.] GSD-S Formal Bid RC — Product (08-2023) - 1 - DocuSign Envelope ID: A2D2EE3F-6A66-46AC-A520-88lA5D9D6BC6 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 California municipal corporation DocuSigned by: By: httssa. Pva.(k s e iserases, Purchasing Manager Finance Department Dated: 8/23/2023 ATTEST: TODD STERMER, CIVIC City Clgr gnen by: By: �linA (�eu� 8/23/2023 Date Deputy No signature of City Attorney required. Standard Document #GSD-S Formal Bid RC — Product (08-2023) has been used without modification, as certified by the undersigned. By:FDocuSigned by: T T044u.0 aWA T8rr6nce Senior Procurement Specialist General Services Department City address: City of Fresno Attention: Duane Myers, Fleet Manager 2101 G Street, Bldg F Fresno, CA 93706 Motive Energy, LLC, L�-S"" p�.t,,V'�lgned by: By: %�eL'a Name: Jason Holderfield Title: vice President (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Dated: 8/23/2023 DacuSIgned by: By: r r ... Name: Bob Istwan Title: Partner (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated: 8/23/2023 GSD-S Formal Bid RC — Product (08-2023) -2-