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)
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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)
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