18.B.
CITY OF HEMET ORDINANCE NO. 2080 48
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Secs. 14-305—14-310. Reserved.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 5. PUBLICATION. The City Clerk shall publish this Ordinance in the manner required by law.
18.B.
CITY OF HEMET ORDINANCE NO. 2080 49
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PASSED, APPROVED, AND ADOPTED this XX day of XX, 2026.
_________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
18.B.
CITY OF HEMET ORDINANCE NO. 2080 50
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County of Riverside )
City of Hemet )
I, Rosalia A. Butler, City Clerk of the City of Hemet, do hereby certify that the foregoing ordinance was adopted by the Hemet City Council on the XXth day of XX, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_________________________________
Rosalia A. Butler, MMC, City Clerk
18.B.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 08 2026
Department: Fire Department
Submitted by: Noah Rau, Interim City Manager
Cameron Phillips, Interim Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution Authorizing the City Manager to Approve a Change Order for $37,075.54 to Rosenbauer Minnesota LLC for the Rosenbauer Commander Tractor Drawn Aerial Ladder Truck RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2026-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER IN THE AMOUNT OF $37,075.54 TO ROSENBAUER MINNESOTA LLC FOR THE ROSENBAUER
COMMANDER TRACTOR DRAWN AERIAL LADDER TRUCK AND AMENDING THE TOTAL PURCHASE PRICE TO $2,191,951.54 AND AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH APPROPRIATIONS IN THE AMOUNT OF $37,075.54 IN FIRE
FACILITIES FUND
EXECUTIVE SUMMARY:
The proposed resolution authorizes the City Manager to approve a change order for Rosenbauer Minnesota LLC in an amount not to exceed $37,075.54 and authorizes the Administrative Services Director to establish additional appropriations of $37,075.54 ito fund the change order. The original quote amount was $2,154,876; the final invoice amount was $2,191,951.54.
Rosenbauer Minnesota LLC provides specialized fire apparatus equipment, maintenance, inspections, repairs, replacement parts, equipment installation, and manufacturer-supported services for the Hemet Fire Department's emergency response fleet.
BACKGROUND/ANALYSIS:
On May 14, 2024, the City Council approved the purchase of a 2023 Rosenbauer Tractor-Drawn Aerial Apparatus (“TDA”), authorizing a total expenditure of $2,154,876 for the vehicle and related components (Attachment No. 2). The original staff report documented the operational need, the aging
18.C.
condition of the existing tiller truck, escalating repair costs, and required improvements to response capability.
Following Council approval, Rosenbauer proceeded with production, incorporating City-requested specifications necessary for operational compatibility, safety enhancements, and standardization across the Hemet Fire Department fleet.
DISCUSSION:
Between July 2024 and January 2026, Rosenbauer issued twenty-five (25) change orders, all included as an attachment to this report. These changes involved chassis modifications, aerial equipment adjustments, electrical and lighting upgrades, plumbing refinements, graphics and labeling updates, and adjustments driven by manufacturer discontinuation or design clarifications, and overall higher costs for various parts and equipment during a two-year period.
Although most change orders resulted in increases. In total, they resulted in a net increase of $37,075.54, bringing the revised purchase price to $2,191,951.54.
The increase results entirely from the cumulative effect of 25 approved change orders, which modified components, clarified specifications, addressed discontinued parts, and incorporated operational improvements requested by the Fire Department. A listing of change orders is attached (Attachment No. 3).
PREVIOUS COUNCIL ACTION:
On May 14, 2024, the City Council approved the purchase of a 2023 Rosenbauer Tractor-Drawn Aerial Apparatus (“TDA”)
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Authorize the Administrative Services Director to establish appropriations in the amount of $37,075.54 in Fund 332, Fire Facilities to complete the amended purchase price of $2,191,951.54 ALTERNATIVE(S):
City Council may choose not to approve the increase; however, the city has already taken possession of this apparatus.
18.C.
ATTACHMENT(S):
Attachment No. 1 - Reso. No. 2026-140 - Authorizing the City Manager to Approve a Change Order Attachment No. 2 - Rosenbauer Quote
Attachment No. 3 - Invoice # 87114 - Hemet CA Aerial Final (75341)
18.C.
CITY OF HEMET RESOLUTION NO. 2026-140 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO APPROVE A CHANGE ORDER IN THE
AMOUNT OF $37,075.54 TO ROSENBAUER MINNESOTA
LLC FOR THE ROSENBAUER COMMANDER TRACTOR
DRAWN AERIAL LADDER TRUCK AND AMENDING THE
TOTAL PURCHASE PRICE TO $2,191,951.54 AND
AUTHORIZING THE ADMINISTRATIVE SERVICES
DIRECTOR TO ESTABLISH APPROPRIATIONS IN THE
AMOUNT OF $37,075.54 IN FUND 332, FIRE FACILITIES
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, on May 14, 2024, the City Council of the City of Hemet approved the purchase of a 2023 Rosenbauer Commander Tractor Drawn Aerial Apparatus ("TDA") from Rosenbauer Minnesota LLC for an authorized total expenditure of $2,154,876.00 to address operational needs, aging fleet conditions, and necessary response capability improvements for the Hemet Fire Department; and WHEREAS, Rosenbauer Minnesota LLC provides specialized fire apparatus equipment, maintenance, inspections, repairs, replacement parts, equipment installation, and manufacturer-supported services for the Hemet Fire Department's emergency response fleet; and
WHEREAS, during the build of the apparatus between July 2024 and January 2026, twenty-five (25) manufacturer change orders were issued to incorporate chassis modifications, aerial equipment adjustments, electrical and lighting upgrades, plumbing
18.C.
CITY OF HEMET RESOLUTION NO. 2026-140 2
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refinements, graphics and labeling updates, and adjustments driven by manufacturer discontinuation or design clarifications; and
WHEREAS, the cumulative net effect of these twenty-five (25) change orders resulted in a net increase of $37,075.54, bringing the total final cost of the apparatus to $2,191,951.54; and
WHEREAS, pursuant to municipal guidelines, the City Manager is authorized to approve change orders up to ten percent (10%) of the original contract amount, not to exceed $25,000, thereby requiring City Council authorization for the proposed change order amount of $37,075.54; and
WHEREAS, the City has taken possession of the apparatus, and existing appropriations in Fund 332 (Fire Facilities) are sufficient to cover the adjustment without requiring additional funding allocations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby finds that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council hereby authorizes the City Manager to approve a change order to Rosenbauer Minnesota LLC in the amount of $37,075.54, representing the cumulative net effect of the twenty-five (25) manufacturer change orders, for the Rosenbauer Commander Tractor Drawn Aerial Ladder Truck.
SECTION 3. The City Council hereby authorizes the Administrative Services Director to establish appropriations in the amount of $37,075.54 in Fund 332, Fire Facilities, to complete the amended purchase price of $2,191,951.54.
18.C.
CITY OF HEMET RESOLUTION NO. 2026-140 3
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SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same into the book of original Resolutions of the City.
PASSED, APPROVED AND ADOPTED this 8th day of September, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
18.C.
CITY OF HEMET RESOLUTION NO. 2026-140 4
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of September, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
18.C.
May 2,2024
Hemet Fire Department
510 E. Florida Ave
Hemet, California 92543
Deputy Fire Chief Ryan Webb
Chief Webb,
Rosenbauer Minnesota, LLC and Velocity Fire Equipment are pleased to provide this proposal to the Hemet Fire Department for one (1) Rosenbauer custom Tractor-Drawn Aerial Quint. As you know, the proposed apparatus is currently a Rosenbauer “stock” truck. It has been built to provide an NFPA-compliant 100’ aerial ladder quint and not to the standard Hemet Fire specifications.
Specifications (current):
• 2023 Rosenbauer Commander, 54” long cab with 8” raised roof • Cummins X15 600 bhp engine with Jake brake
• Allison 4500EVS transmission with retarder
• Hendrickson SteerTek® parabolic suspension and axle for front and tiller steer axles • Hendrickson RoadMaax® air-ride suspension for the drive axle • Meritor RS-30-185 33,000# drive axle
• Seventy (70) gallon fuel tank with ten (10) gallon DEF tank • Weldon VMUX multi-plex electrical system with driver and officer VISTA screens • Digital gauge package (driver)
• Whelen LED warning light package and electronic siren • Federal Q2B mechanical siren
• Fire-Tech 72” LED brow light
• LED scene lighting
• LED Go-Lights, driver and officer side
• Officer side and rear vision camera system for driver • Forward facing blind-spot camera system for the tiller operator • Waterous S100/S101C20 single stage pump; 2,000 gpm
• Front bumper discharge & hose compartment for 100’ of 1.75” hose and nozzle • Rosenbauer fully extruded EXT aluminum body with lifetime structural warranty • Rosenbauer 100’ Viper 4-section aerial ladder (no pre-plumbed waterway) • One (1) Akron 1495 Ladder Pipe with stream straightener and tips • Aerial ladder/turntable intercom system
• Onan 8kw hydrostatic generator with body outlets and cord reel
18.C.
2 Based on our recent discussions, the following changes will be included to the stock apparatus build • Installation of a of Hemet radios, tablet command, power for tic and EMS drug box and headsets • Two Kenwood radios installed
• Installation of a 300-gallon UPF poly water tank
• Installation of a water tank level gauge to be mounted on the side of the tractor • Installation of tank to pump and tank-fill plumbing and valves • Reconfigure the current upper panel 2.5” discharges into two (2) 1.5” crosslay hose bed discharges • Hose storage for 150’ of 3” hose over the pump enclosure (for aerial ladder monitor operations) • Tiller cab access on the passenger side of the trailer • Ten adjustable 3/16” storage shelves
• Allowance for ten (10) 250# aluminum pull-out tray
• One (1) SCBA cylinder storage module for ten (10) SCBA cylinders located in the rear middle cabinet below the ladder storage
• Compliment of ladders and Pike Poles listed from change order meeting • Repaint of cab and tiller box to Hemet Fire Department Red Paint Code FWA3225 Repaint aerial sign panel to Hemet Fire Department Red
• Instill two scene lights on the trailer one above L2 and the other above R2 • Provide and install HFD door seals
• Provide and install lettering and numbering to match current Hemet Fires Fleet These proposed revisions have been made to better meet the needs of your agency. The proposed apparatus has been constructed with the highest quality materials and workmanship available in the industry and will provide the utmost in firefighter safety and efficiency on the fireground along with a long service life and low maintenance cost throughout the life of the vehicle.
Travel and Training
All travel expenses for three (3) fire department personnel for the following are included:
• Final apparatus inspection
• Three (3) days of familiarization and operations training at your location
18.C.
3 Contract Details (one truck)
Apparatus cost $2,347,058
Less 15% $ 352,058
Sourcewell price $1,995,000
Additional discount $ 20,000
Subtotal $1,975,000
Sales tax @ 8.75% $ 172,812
Non-taxable items $ 7,064
Total $2,154,876
Delivery:
The proposed apparatus will be completed within 240 calendar days after customer approval of post spec review (production release) specifications.
Should you choose to move forward with this purchase, the apparatus is offered through the Sourcewell Cooperative Purchase Program.
Rosenbauer contract number 113021-RSD
A purchase order would be issued to:
Rosenbauer Minnesota, LLC
5181, 260th Street
Wyoming, MN 55092
Thank you,
Brian Hobbs
Velocity Fire Sales
(858) 229-9031
18.C.
PAGE: 1
Invoice# 87114
Date: 3/2/2026
Sold To Ship To
Qty Price Amount
1.00 $ 1,975,000.00 $ 1,975,000.00
1.00 $ - $ -
1.00 $ (2,746.00) $ (2,746.00)
1.00 $ (8,570.00) $ (8,570.00)
1.00 $ (25,736.00) $ (25,736.00)
1.00 $ - $ -
1.00 $ 1,976.00 $ 1,976.00
1.00 $ - $ -
1.00 $ - $ -
1.00 $ - $ -
1.00 $ 1,788.00 $ 1,788.00
1.00 $ 6,239.00 $ 6,239.00
1.00 $ - $ -
1.00 $ 498.00 $ 498.00
1.00 $ 3,662.00 $ 3,662.00
1.00 $ 33,185.00 $ 33,185.00
1.00 $ 13,587.00 $ 13,587.00
1.00 $ - $ -
1.00 $ - $ -
1.00 $ - $ -
1.00 $ - $ -
1.00 $ - $ -
1.00 $ - $ -
1.00 $ - $ -
1.00 $ 10,209.00 $ 10,209.00
1.00 $ - $ -
$ 2,009,092.00
1.00 $ 175,795.54 $ 175,795.54
1.00 $ 7,064.00 $ 7,064.00
TOTAL USD $ 2,191,951.54
Rosenbauer Minnesota, LLC
Same
VIN: 54F8JECH2NWM13186
Hemet CA ( City of)
Change Order #1
Change Order #2
P:651-462-1000 / F:651-462-1700
G75341 G75341
445 East Florida Ave
Invoice
5181 260th Street
PO Box 549
Wyoming, MN 55092
104525
Tractor Drawn Aerial Final
Customer ID Customer PO Terms Job Number
Net Due Upon Delivery
Description
Hemet CA 92543 USA
THANK YOU!
Change Order #3
Change Order #4
Change Order #5
Change Order #6
Change Order #7
Change Order #8
Change Order #9
Change Order #10
Change Order #11
Change Order #12
Change Order #13
Change Order #14
Non-Taxable Items on Contract
Subtotal - Taxable Items
Change Order #15
Change Order #16
Change Order #17
Change Order #18
Change Order #19
Change Order #20
Change Order #24
Change Order #25
Change Order #21
Change Order #22
Change Order #23
CA Tax - 8.75%
Bank Wiring Instructions: Rosenbauer Minnesota, LLC
Name and Address of Bank:
Wells Fargo Bank Minnesota, N.A.
Forest Lake Office
208 South Lake Street
Forest Lake, MN 55025
Telephone Number:
651-205-5713
Bank Routing Number:
121000248
Bank Account Number:
397 200 1140
Bank Account Name:
Rosenbauer Minnesota, LLC
FEIN:41-1808379 / MN Sales Tax Exempt ID:209-3960
18.C.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 08 2026
Department: Public Works
Submitted by: Noah Rau, Interim City Manager
Jilleen Ferris, Interim Public Works Director/City Engineer; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution Approving the Supplemental Funding for Fire Station No. 3 Facility Safety Enhancements and Improvements (CIP 5733)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2026-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, APPROVING A $20,000 SUPPLEMENTAL APPROPRIATION FROM FIRE FACILITIES DEVELOPMENT IMPACT FEE FUND 332 TO CAPITAL IMPROVEMENT PROJECT CIP 5733 – FIRE STATION NO. 3 FACILITY SAFETY ENHANCEMENTS AND IMPROVEMENTS EXECUTIVE SUMMARY:
On July 14, 2026, the City Council approved the Fiscal Year 2026-2027 through 2030-2031 Capital Improvement Program (CIP), which included $270,000 in Measure U funding for CIP 5733 – Fire Station No. 3 Facility Safety Enhancements and Improvements. The project includes exterior and interior improvements to enhance the safety, functionality, and appearance of Fire Station No. 3. Staff is requesting an additional $20,000 from Fire Facilities Development Impact Fee (DIF) Fund 332 to complete the Fire Captain's bathroom remodel. Approval of the requested supplemental appropriation will increase the total project funding to $290,000.
BACKGROUND/ANALYSIS:
CIP 5733 – Fire Station No. 3 Facility Safety Enhancements and Improvements was established to address various exterior and interior facility improvements at Fire Station No. 3. The project was included in the Fiscal Year 2026-2027 through 2030-2031 Capital Improvement Program and initially funded in the amount of $270,000 through Measure U appropriations.
The original project scope includes new landscaping and irrigation, construction of a block wall capable of providing vehicle protection while enhancing the appearance of the site, exterior painting,
18.D.
stucco repairs, replacement of windows and a sliding door, and interior improvements including kitchen and bathroom remodels.
On June 18, 2026, the City issued a solicitation for the kitchen and bathroom remodels at Fire Station No. 3, with bids due on July 8, 2026. A total of 570 vendors were notified of the solicitation, and the City received nine submissions. B&S Builders submitted the overall lowest bid when combining the kitchen remodel and the crew and Fire Captain's bathroom remodels, with a total bid amount of $81,800. A bid comparison identifying all nine bidders and their submitted prices is included as Attachment No. 2.
Current project funds are being utilized for removal and replacement of the front wood siding with stucco, the kitchen remodel, and the Fire Station crew bathroom remodel. As the work progresses, Facilities staff has identified the need for an additional $20,000 to complete the remodel of the Fire Captain's bathroom.
The additional funding is requested from Fire Facilities Development Impact Fee Fund 332 and will be appropriated to CIP 5733. The requested funding will allow the City to complete the Fire Captain's bathroom remodel as part of the overall facility improvement project.
DISCUSSION:
The proposed supplemental appropriation will provide the funding necessary to complete the Fire Captain's bathroom remodel at Fire Station No. 3. The bathroom improvements are consistent with the overall purpose and scope of CIP 5733, which is to improve the safety, functionality, and condition of the facility. The additional funding will allow for completion of the Captain's bathroom remodel without reducing or eliminating other improvements included in the project scope.
The original $270,000 project funding was approved as part of the City's annual CIP update and is funded through Measure U. The requested $20,000 supplemental appropriation will be provided from Fire Facilities Development Impact Fee Fund 332 and dedicated to CIP 5733.
PREVIOUS COUNCIL ACTION:
On July 14, 2026, the City Council approved a Resolution Approving the Fiscal Year 2026-2027 through 2030-2031 Capital Improvement Program (CIP), which included CIP 5733 – Fire Station No. 3 Facility Safety Enhancements and Improvements with an initial appropriation of $270,000 in Measure U funding.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
FISCAL IMPACT:
18.D.
Approval of the recommended action will appropriate an additional $20,000 from Fire Facilities Development Impact Fee Fund 332 – Fire Facilities DIF to CIP 5733 – Fire Station No. 3 Facility Safety Enhancements and Improvements. The supplemental appropriation will increase the total authorized funding for CIP 5733 from $270,000 to $290,000. The additional funding will support completion of the remaining project scope, including the Captain's bathroom remodel, as well as provide contingency funding for termite remediation and other unforeseen project costs. There is no impact to the General Fund as a result of this supplemental appropriation.
PROJECT BUDGET AMOUNT
Completed Project:
Block Wall $ 65,448.00
Gate Relocation $ 5,700.00
West Side Stucco Repair $ 12,000.00
Window Replacement $ 22,500.00
Waterwise Landscaping and Boulders $ 27,765.65
Total: $ 133,413.65
Proposed / Pending Projects:
Front Siding Replacement $ 49,995.00
Kitchen Remodel $ 44,300.00
Crew Bathroom Remodel $ 18,900.00
Captain's Bathroom Remodel $ 18,600.00
Termite Treatment $ 10,000.00
Total: $ 141,795.00
Contingency (10%) $ 14,179.50
Grand Total: $ 289,388.15
ALTERNATIVE(S):
1. Do not approve the recommended action.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachement No.1 - Resolution No. 2026-142
Attachment No. 2 - Bid Comparison
18.D.
CITY OF HEMET RESOLUTION NO. 2026-142 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING A $20,000
SUPPLEMENTAL APPROPRIATION FROM FIRE
FACILITIES DEVELOPMENT IMPACT FEE FUND 332 TO
FIRE STATION NO. 3 FACILITY SAFETY
ENHANCEMENTS AND IMPROVEMENTS (CIP 5733)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (“City”) maintains Capital Improvement Project CIP 5733 – Fire Station No. 3 Facility Safety Enhancements and Improvements to address facility safety, functionality, and improvement needs at Fire Station No. 3; and WHEREAS, on July 14, 2026, the City Council approved the Fiscal Year 2026- 2027 through 2030-2031 Capital Improvement Program, which included CIP 5733 with an initial appropriation of $270,000 funded through Measure U; and WHEREAS, the scope of CIP 5733 includes exterior and interior improvements at Fire Station No. 3, including landscaping and irrigation, construction of a vehicleprotective block wall, exterior painting and stucco repairs, window and sliding door replacement, and kitchen and bathroom remodels, including the remodel of the Fire Captain's bathroom; and
WHEREAS, project funds are currently being utilized for front wood siding removal and replacement with stucco, the kitchen remodel, and the Fire Station crew bathroom remodel; and
18.D.
CITY OF HEMET RESOLUTION NO. 2026-142 2
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WHEREAS, an additional $20,000 is needed to complete the remodel of the Fire Captain's bathroom, which is consistent with the overall purpose and scope of CIP 5733; and
WHEREAS, while the initial $270,000 appropriation for CIP 5733 was funded through Measure U, Fire Facilities Development Impact Fee Fund 332 has available funds that may be appropriated to support eligible fire facility improvements, and the Fire Captain's bathroom remodel constitutes an eligible fire facility improvement for which Fund 332 monies may be lawfully expended; and
WHEREAS, the City Council finds that the supplemental appropriation of $20,000 from Fire Facilities Development Impact Fee Fund 332 to CIP 5733 is necessary to complete the Fire Captain's bathroom remodel and will increase total funding for CIP 5733 from $270,000, funded through Measure U, to $290,000, comprising $270,000 in Measure U funds and $20,000 in Fund 332 monies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. The City Council hereby approves a supplemental appropriation in the amount of $20,000 from Fire Facilities Development Impact Fee Fund 332 to Capital Improvement Project CIP 5733 – Fire Station No. 3 Facility Safety Enhancements and Improvements for completion of the Fire Captain's bathroom remodel.
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CITY OF HEMET RESOLUTION NO. 2026-142 3
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SECTION 3. The Administrative Services Director, or designee, is hereby authorized and directed to make the necessary budgetary adjustments and accounting entries to effectuate the supplemental appropriation authorized by this Resolution.
SECTION 4. This Resolution shall become effective upon adoption.
PASSED, APPROVED AND ADOPTED this 8th day of September, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
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CITY OF HEMET RESOLUTION NO. 2026-142 4
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of September, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
18.D.
City of Hemet
Submissions for Solicitation Remodel of Kitchen and Bathrooms at Fire Station 3 Issued on 06/18/2026
Submissions Due on July 08, 2026 3:00 PM (PDT)
Exported on 07/08/2026
Line Totals (Unit Price * Quantity) Innovative Cons Design Item NumSection Description UOM QTY Unit Price Line Total 1 Base Bid Kitchen Remodel LS 1 $42,800.00 $42,800.00
Subtotal $42,800.00
2 Additive Alternate No. 1 Bathroom 1 Remodel LS 1 $20,900.00 $20,900.00 Crew Bathroom Subtotal $20,900.00
3 Additive Alternate No. 2 Bathroom 2 Remodel LS 1 $20,300.00 $20,300.00 Captains Bathroom Subtotal $20,300.00
4 Additive Alternate No. 3 Bathroom 3 Remodel LS 1 $23,600.00 $23,600.00 Subtotal $23,600.00
Total $107,600.00
18.D.
B & S Builders United, LLC JWJ Const Services, Inc Leonida Builders, Inc.
Unit Price Line Total Unit Price Line Total Unit Price Line Total $44,300.00 $44,300.00 $47,477.76 $47,477.76 $65,000.00 $65,000.00 $44,300.00 $47,477.76 $65,000.00
$18,900.00 $18,900.00 $29,158.40 $29,158.40 $24,000.00 $24,000.00 $18,900.00 $29,158.40 $24,000.00
$18,600.00 $18,600.00 $31,717.98 $31,717.98 $24,000.00 $24,000.00 $18,600.00 $31,717.98 $24,000.00
$15,900.00 $15,900.00 $26,694.28 $26,694.28 $25,000.00 $25,000.00 $15,900.00 $26,694.28 $25,000.00
$97,700.00 $135,048.42 $138,000.00
18.D.
Harbor coating & Restoriation Discount Door and Window Urban Worx Construction, Inc.
Unit Price Line Total Unit Price Line Total Unit Price Line Total $74,500.00 $74,500.00 $75,880.00 $75,880.00 $84,168.00 $84,168.00 $74,500.00 $75,880.00 $84,168.00
$24,900.00 $24,900.00 $36,295.00 $36,295.00 $35,406.00 $35,406.00 $24,900.00 $36,295.00 $35,406.00
$24,900.00 $24,900.00 $37,590.00 $37,590.00 $31,878.00 $31,878.00 $24,900.00 $37,590.00 $31,878.00
$24,900.00 $24,900.00 $11,095.00 $11,095.00 $26,334.00 $26,334.00 $24,900.00 $11,095.00 $26,334.00
$149,200.00 $160,860.00 $177,786.00
18.D.
Pineda Gen Construction, Inc. R DEPENDABLE CONST INC
Unit Price Line Total Unit Price Line Total
$69,995.00 $69,995.00 $79,000.00 $79,000.00
$69,995.00 $79,000.00
$45,950.00 $45,950.00 $48,000.00 $48,000.00
$45,950.00 $48,000.00
$44,950.00 $44,950.00 $50,000.00 $50,000.00
$44,950.00 $50,000.00
$29,995.00 $29,995.00 $50,000.00 $50,000.00
$29,995.00 $50,000.00
$190,890.00 $227,000.00
18.D.
City of Hemet
Submissions for Solicitation Remodel of Kitchen and Bathrooms at Fire Station 3 Issued on 06/18/2026
Submissions Due on July 08, 2026 3:00 PM (PDT)
Exported on 07/08/2026
Section/Bidder Bid Amount Responsive
Base Bid
Innovative Construction Designs $42,800.00
B & S Builders United, LLC $44,300.00
JWJ Construction Services, Inc $47,477.76
Leonida Builders, Inc. $65,000.00
Pineda General Construction, Inc. $69,995.00
Harbor coating & Restoriation $74,500.00
Discount Door and WIndow $75,880.00
R DEPENDABLE CONST INC $79,000.00
Urban Worx Construction, Inc. $84,168.00
Additive Alternate No. 1
B & S Builders United, LLC $18,900.00
Innovative Construction Designs $20,900.00
Leonida Builders, Inc. $24,000.00
Harbor coating & Restoriation $24,900.00
JWJ Construction Services, Inc $29,158.40
Urban Worx Construction, Inc. $35,406.00
Discount Door and WIndow $36,295.00
Pineda General Construction, Inc. $45,950.00
R DEPENDABLE CONST INC $48,000.00
Additive Alternate No. 2
B & S Builders United, LLC $18,600.00
Innovative Construction Designs $20,300.00
Leonida Builders, Inc. $24,000.00
Harbor coating & Restoriation $24,900.00
JWJ Construction Services, Inc $31,717.98
Urban Worx Construction, Inc. $31,878.00
Discount Door and WIndow $37,590.00
Pineda General Construction, Inc. $44,950.00
R DEPENDABLE CONST INC $50,000.00
Additive Alternate No. 3
Discount Door and WIndow $11,095.00
B & S Builders United, LLC $15,900.00
Innovative Construction Designs $23,600.00
Harbor coating & Restoriation $24,900.00
Leonida Builders, Inc. $25,000.00
Urban Worx Construction, Inc. $26,334.00
18.D.
JWJ Construction Services, Inc $26,694.28
Pineda General Construction, Inc. $29,995.00
R DEPENDABLE CONST INC $50,000.00
18.D.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 08 2026
Department: Public Works
Submitted by: Noah Rau, Interim City Manager
Kurt Mikolaycik, Facilities Supervisor;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution to Authorize an Agreement with Quinn Power Systems for the Purchase and Installation of Backup Generator Systems at Fire Stations 3 and 5
RECOMMENDED ACTION:
It is respectfully recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION 2026-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
QUINN POWER SYSTEMS FOR THE PURCHASE AND INSTALLATION OF BACKUP GENERATOR SYSTEMS AT FIRE STATION 3 AND FIRE STATION 5 UTILIZING SOURCEWELL CONTRACT NO. 092222-CAT IN AN INITIAL CONTRACT AMOUNT OF $245,174.55,
AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO RECORD AN ADDITIONAL APPROPRIATION OF $24,000 FROM FIRE FACILITIES DEVELOPMENT IMPACT FEE FUND 332 TO CIP 2610, INCREASING THE TOTAL PROJECT BUDGET TO $264,000, AUTHORIZING THE
CITY MANAGER TO APPROVE CHANGE ORDERS UP TO THE TOTAL PROJECT BUDGET AND
EXECUTE ALL NECESSARY DOCUMENTS TO COMPLETE THE PROJECT EXECUTIVE SUMMARY:
Council is being asked to authorize the City Manager to execute an agreement with Quinn Power Systems for the purchase and installation of backup generator systems at Fire Station 3 and Fire Station 5 utilizing Sourcewell Contract No. 092222-CAT in the amount of $245,174.55. Staff further recommends appropriating an additional $24,000 from Fire Facilities Development Impact Fee Fund 332 to CIP 2610, representing a 10 percent increase to the currently authorized project budget and increasing the total project budget from $240,000 to $264,000. The increased appropriation will provide sufficient funding for the contract amount, including applicable sales tax, while maintaining approximately $18,825 in project contingency to address unforeseen conditions or minor project modifications. This project continues the City's ongoing investment in emergency preparedness, operational resiliency, and the expansion of backup power capabilities at critical municipal facilities.
18.E.
BACKGROUND/ANALYSIS:
The City of Hemet continues to invest in emergency preparedness and operational resiliency by improving backup power capabilities at critical municipal facilities. Reliable emergency power is essential to maintaining continuity of operations, supporting emergency response functions, and ensuring critical services remain available during power outages, disasters, and other emergency events.
As part of this ongoing effort, the City has previously installed and continues to service and maintain backup generators at several critical facilities, including the Police Department, Fire Station 1, City Hall, Covell Building, and Fire Station 4. These improvements have enhanced the City’s ability to maintain essential operations during electrical service interruptions.
CIP 2610, Fire Station 3 and Fire Station 5 Backup Generators, continues this effort by addressing remaining critical fire facilities. The project will replace the existing limited-capacity generator at Fire Station 3 and install a new backup generator system at Fire Station 5.
The City intends to utilize Sourcewell Contract No. 09222-CAT, which provides competitively solicited cooperative purchasing for participating public agencies, to procure the generator systems through Quinn Power Systems.
DISCUSSION:
Staff recommends entering into an agreement with Quinn Power Systems for the purchase and installation of backup generator systems at Fire Station 3 and Fire Station 5 utilizing Sourcewell Contract No. 092222-CAT. The initial contract amount is $245,174.55, inclusive of applicable sales tax, as reflected in the attached agreement and quotations (Attachments 2 through 4). The currently authorized project budget for CIP 2610 is $240,000. Staff recommends appropriating an additional $24,000 from Fire Facilities Development Impact Fee Fund 332, representing a 10 percent increase to the currently authorized project budget and increasing the total project budget to $264,000. The increased appropriation will fully fund the proposed agreement while providing approximately $18,825 in remaining project contingency. Staff further recommends authorizing the City Manager, or designee, to approve change orders, if necessary, up to the total appropriated project budget to address unforeseen field conditions, installation modifications, or other minor project adjustments without requiring additional City Council action.
The existing backup generator at Fire Station 3 currently provides limited emergency power only to the apparatus bay and radio room. The proposed project will replace the existing system with a generator capable of powering the entire station, including the WestNet Alert dispatch system, living quarters, automatic station gates, cooling systems, refrigeration, and other critical station functions necessary to maintain emergency response operations.
Fire Station 5 currently does not have a backup power system. The proposed project will install a new whole-building emergency generator system to provide reliable backup power to critical station operations, including the apparatus bay, radio room, WestNet Alert dispatch system, living quarters, station access systems, cooling systems, refrigeration, and other essential operational components.
The proposed generator improvements will strengthen the City’s emergency response capabilities by ensuring both facilities can continue operating during extended power outages or emergency
18.E.
conditions. These improvements are consistent with the City’s continued investment in critical facility resiliency and continuity of operations.
The City utilized Sourcewell Contract No. 092222-CAT to obtain competitively solicited pricing from Quinn Power Systems. Sourcewell cooperative purchasing contracts allow participating public agencies to procure goods and services through nationally competitive solicitations, eliminating the need for a separate competitive bidding process while providing favorable pricing. Through the Sourcewell contract, the City received discounted pricing ranging from approximately 8 percent to 22 percent across applicable quote line items, as reflected in Attachments 3 and 4.
PREVIOUS COUNCIL ACTION:
July 14, 2026 – The City Council adopted the Fiscal Year 2026–2027 through 2030–2031 Capital Improvement Program (CIP), which included funding for the Fire Station 3 and Fire Station 5 Backup Generator Project (now designated as CIP 2610).
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Appropriations for CIP 2610, Fire Station 3 and Fire Station 5 Backup Generators, were adopted with the Fiscal Year 2026-27 Budget in Fund 332, Fire Facilities Development Impact Fee (DIF), in the amount of $230,000. An additional $10,000 was subsequently approved through the annual update to the Five-Year Capital Improvement Program for Fiscal Years 2026/27-2030/31, bringing the total authorized project budget to $240,000.
The proposed agreement with Quinn Power Systems totals $245,174.55, inclusive of applicable sales tax. To fully fund the agreement and provide sufficient contingency for unforeseen project costs, approval of the recommended action will appropriate an additional $24,000 from Fire Facilities DIF Fund 332 to CIP 2610, increasing the total authorized project budget from $240,000 to $264,000.
Following execution of the proposed agreement, approximately $18,825 will remain available within the project budget for contingency and other unforeseen costs necessary to complete the project.
There is no impact to the General Fund as a result of this supplemental appropriation.
18.E.
ALTERNATIVE(S):
1. Do not approve the recommended agreement with Quinn Power.
2. Provide alternative direction to the Interim City Manager.
ATTACHMENT(S):
Attachment No. 1 - Resolution 2026-143 FS3 and 5 Generators Attachment No. 2 - Contract
Attachment 3 - FS3 QUOTE 260315-WELL
Attachment 4 - FS5 QUOTE 260224-WELL
18.E.
CITY OF HEMET RESOLUTION NO. 2026-143 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH QUINN
POWER SYSTEMS FOR THE PURCHASE AND
INSTALLATION OF BACKUP GENERATOR SYSTEMS AT
FIRE STATION 3 AND FIRE STATION 5 UTILIZING
SOURCEWELL CONTRACT NO. 092222-CAT IN AN
INITIAL CONTRACT AMOUNT OF $245,174.55,
AUTHORIZING THE ADMINISTRATIVE SERVICES
DIRECTOR TO RECORD AN ADDITIONAL
APPROPRIATION OF $24,000 FROM FIRE FACILITIES
DEVELOPMENT IMPACT FEE FUND 332 TO CIP 2610,
INCREASING THE TOTAL PROJECT BUDGET TO
$264,000, AUTHORIZING THE CITY MANAGER TO
APPROVE CHANGE ORDERS UP TO THE TOTAL
PROJECT BUDGET AND EXECUTE ALL NECESSARY
DOCUMENTS TO COMPLETE THE PROJECT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council adopted the Fiscal Year 2026–2027 through 2030– 2031 Capital Improvement Program (CIP), which included funding for the Fire Station 3 and Fire Station 5 Backup Generator Project, now designated as CIP 2610; and WHEREAS, the City of Hemet continues to invest in emergency preparedness and operational resiliency by improving backup power capabilities at critical municipal facilities to ensure continuity of essential services during power outages and emergency events; and
18.E.
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WHEREAS, the proposed project will replace the existing limited-capacity backup generator at Fire Station 3 with a whole-building emergency generator system and install a new whole-building backup generator system at Fire Station 5, which currently does not have backup power capability; and
WHEREAS, the City utilized Sourcewell Contract #09222-CAT, a competitively solicited cooperative purchasing contract available to participating public agencies, to obtain pricing from Quinn Power Systems for the purchase and installation of the backup generator systems; and
WHEREAS, CIP 2610 currently includes an appropriated project budget of $240,000, and an additional appropriation of $24,000 from Fire Facilities Development Impact Fee Fund 332, representing a 10 percent increase to the currently authorized project budget, will increase the total project budget to $264,000, providing sufficient funding for the proposed agreement and a reasonable project contingency to address unforeseen conditions or minor project modifications while maintaining efficient project delivery.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby authorizes the City Manager to execute an agreement with Quinn Power Systems for the purchase and installation of backup generator systems at Fire Station 3 and Fire Station 5 utilizing Sourcewell Contract No.
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092222-CAT in the initial contract amount of Two Hundred Forty-Five Thousand One Hundred Seventy-Four Dollars and Fifty-Five Cents ($245,174.55).
SECTION 3. The City Council hereby authorizes the Administrative Services Director to record a supplemental appropriation of Twenty-Four Thousand Dollars ($24,000) from Fire Facilities Development Impact Fee Fund 332 to CIP 2610 – Fire Station 3 and Fire Station 5 Backup Generators, increasing the total authorized project budget from $240,000 to $264,000.
SECTION 5. The City Council authorizes the City Manager, or designee, to approve change orders and execute related documents associated with the project, provided the total contract amount does not exceed the total appropriated project budget of $264,000 (CIP 2610).
SECTION 6. The City Council authorizes the City Manager, or designee, to execute the purchase agreement and all other necessary documents, including any non-substantive amendments and administrative documents necessary to complete the purchase and installation of the backup generator systems, in a form approved by the City Attorney.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, whereupon it shall take effect immediately.
18.E.
CITY OF HEMET RESOLUTION NO. 2026-143 4
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PASSED, APPROVED AND ADOPTED this 8th day of September, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
18.E.
CITY OF HEMET RESOLUTION NO. 2026-143 5
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of September, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk
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MINOR PUBLIC WORKS AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
QUINN COMPANY DBA QUINN POWER SYSTEMS
A CALIFORNIA CORPORATION
AGREEMENT # 2027-009
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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND QUINN COMPANY DBA QUINN POWER SYSTEMS SUPPLY AND INSTALLATION OF GENERATOR AT FIRE STATION 3 AND 5 This MINOR PUBLIC WORKS AGREEMENT (“Contract”) is made and entered into this 9th day of September, 2026 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Quinn Company dba Quinn Power Systems, a California corporation (“Contractor”). For the purposes of this Contract, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
B. City desires to engage Contractor for performance of the following public work of improvement Supply and Installation of Generator at Fire Station 3 and 5 Project (the "Project” or the “Work").
C. Contractor represents that it is a licensed contractor pursuant to section 7000 et seq. of the Business and Professions Code in the following classification: C10 which it shall maintain for the duration of the Contract.
D. Contractor further represents that it has examined and is fully familiar with all of the provisions of the Contract Documents; that it has satisfied itself as to the nature and location of all Work, the general and local conditions to be encountered in the performance of any Work, and all other matters which can in any way affect the Work or the cost thereof.
E. Contractor has submitted a proposal to City, incorporated herein by this reference, to perform all work and furnish the labor, supervision, materials and equipment, and operations necessary and required to complete the Project in strict accordance with the provisions of the Contract Documents, and at the prices stated.
F. The Parties desire to enter into this Contract for the purpose of setting forth the terms and conditions upon which the Contractor shall complete the Project.
G. In Compliance with federal, state and City procurement regulations, the City obtained competitive pricing for the project using the Sourcewell Cooperative Agreement with Contractor, Contract number 092222-CAT,
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attached hereto and incorporated herein by reference as Exhibit “G” [Cooperative Agreement].
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. SCOPE
A. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the Project in accordance with the Contract Documents, which is generally described as follows:
Supply and Installation of Generator at Fire Station 3 and 5 Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:
1. Submit any required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than ten (10) working days after the date City issues a Notice to Proceed and before the preconstruction meeting.
2. Submit a list of any permits and licenses the Contractor shall obtain indicating the agency granting the permit, the expected date to submit the application, and the required date for the receipt of the permit.
3. Protect all materials to be used in the Work in accordance with the specifications.
4. Protect existing facilities and personal property.
5. Attend a preconstruction conference with City to discuss schedule, access, sequence of work, and other issues.
6. If requested by City, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit reports to City no later than
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the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.
7. The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment.
8. Coordinate with City-scheduled events.
9. The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work.
10. Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.
B. The following documents are incorporated into and made part of this Contract by this reference:
1. Insurance Requirements (Exhibit A)
2. Designation of Subcontractors Form (Exhibit B)
3. Public Works Contractor Registration Certification (Exhibit C)
4. Payment and Performance Bonds (Exhibit D)
5. Change orders - issued in accordance with Contract
Documents (Exhibit E)
6. Contractor’s Proposal (Exhibit F)
7. Sourcewell Cooperative Agreement (Exhibit G)
8. Standard Specifications for Public Works Construction (the “Green Book”), excluding Sections 1 through 9, most recent version
9. City Standard Specifications, most recent version
C. These documents shall be referred to collectively as the "Contract Documents." The Contract Documents are intended to be
complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the following order: Change Orders (most recent first), Addenda
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(most recent first), Contract, Insurance Requirements, Technical Specifications, Plans, Standard Specifications, Contractor’s Proposal/Schedule of Pay Items.
D. Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the Contract Documents, the more stringent requirements shall govern.
SECTION 2. PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of Two Hundred and Forty-Five Thousand One Hundred and Seventy-Four Dollars and Fifty-Five Cents ($245,174.55) (the “Contract Price”) subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. Work to be done at unit prices will be paid based on actual quantities of work performed and accepted.
B. Contractor shall submit a payment application for the total work completed once each month and upon completion of the Project and satisfaction of all conditions of the Contract Documents. City shall make payment within forty-five (45) days of receipt of an undisputed payment application, less five (5%) percent retention. City shall release the retained funds (less any amounts in dispute, deducted for liquidated damages or as required by law, or other offsets) no less than thirty-five (35) days after the date City accepts the Work. Pursuant to Public Contract Code section 22300, for monies earned by the Contractor and withheld by City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of Public Contract Code section 22300.
If any of the Work is to be paid based on unit prices, Contractor shall submit a monthly itemized estimate of Work done for the purpose of making progress payments. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by City, for unit price items listed, if any, in the Schedule of Pay Items. Following City’s acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. City makes no representation that the actual quantities of work performed will not vary from the estimates.
C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, certified payroll reports, and other documents, in
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form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in California Civil Code sections 8132, 8134, 8136 and 8138) on behalf of itself, subcontractors and suppliers that furnished labor, material, equipment or services to the Project.
D. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The escrow agreement used for the purposes of this section shall be in the form provided by City.
E. All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To sign up for electronic payments contact [email protected].
F. The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.
SECTION 3. ENTIRE AGREEMENT
This Contract represents the entire agreement between City and Contractor and supersedes any prior written or oral representations. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
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SECTION 4. TIME
A. Contractor shall complete the Project no later than thirty (30) calendar days following City's issuance of the Notice to Proceed (the "Contract Time").
B. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of Work. Contractor shall coordinate its Work with that of all other contractors, subcontractors, and suppliers so as not to delay or damage their performance.
C. If Contractor fails to complete the Project within the Contract Time, City will sustain damage. It is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay; therefore, Contractor will pay to City the sum of two thousand ($2,000) dollars for each and every calendar day beyond expiration of the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due to Contractor under the Contract.
D. It is further agreed that in case Contractor fails to complete the Project in all parts and requirements within the Contract Time, City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of City; and if it decides to extend Contract Time, City shall further have the right to charge to Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses directly chargeable to the Contract that accrue during the period of such extension.
E. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Project caused solely by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that Contractor shall within three (3) days from the beginning of any such delay, notify City, in writing of the causes of delay. The City Manager, or his designee, shall ascertain the facts and the extent of delay, and his or her findings thereon shall be final and conclusive.
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F. As an express condition of any adjustment of the Contract Time or Contract Price on account of delay, including delay caused by acts of City, Contractor must give City written notice of the commencement of delay within three (3) days of its occurrence.
SECTION 5. LABOR
A. Prevailing Wages. This Contract is subject to California Labor Code (“Labor Code”) Sections 1720 et seq., and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code, City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of City and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred ($200) dollars for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
B. Employment of Apprentices. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under Contractor. It shall be the responsibility of Contractor to effectuate compliance apprentices on the part of itself and any subcontractors with the requirements for employment. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations.
C. Payroll Records. Pursuant to Labor Code Section 1776, Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In the event of noncompliance with the requirements of this
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section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to achieve compliance with this section. If Contractor or subcontractor does not comply after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred ($100) dollars for each day, or portion thereof, for each worker until strict compliance is effectuated.
Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement.
D. Public Works Contractor Registration.
1. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
2. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Contractor shall execute the Public Works Contractor Registration Certification attached hereto as Exhibit C, attesting to the facts contained therein. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in Exhibit B “Designation of Subcontractors Form.”
3. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In executing this Contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.
E. Hours of Work.
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1. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815.
2. The Contractor shall perform all work during the hours of 7:00 a.m. to 4:30 p.m., Monday through Friday unless otherwise authorized by City in writing. If Contractor wishes to work during any other hours or on weekends, written permission must be received from City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City holidays except in the case of an emergency. A listing of City holidays is on file in the office of City Clerk. If Contractor requests overtime work in which City will incurs costs, Contractor shall be responsible for payment of City's costs incurred in connection with the overtime work. City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten (10) days, City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.
F. Labor Compliance. In accordance with Labor Code section 1771.4, Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
G. Labor Certification. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the engineer a certification in the following form:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions before commencing the performance of the work of this Contract."
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H. Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Price, and no additional compensation will be allowed therefore.
SECTION 6. CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from City. Contractor shall not be compensated for any change made without City’s written direction. No changes in the work covered by this Contract shall exonerate any surety or any bond given in connection with this Contract.
B. If City directs the Contractor in writing to make changes in the work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:
1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work;
2. By a combination of existing and new unit prices and related quantities for the changed work;
3. Time and Materials, calculated as set forth in Section 6(C), below; or
4. By mutual acceptance of a lump sum.
C. The cost for extra or changed work performed on a time and materials basis shall be determined as follows:
1. Labor. Contractor will be paid cost of labor for workers used in actual and direct performance of extra work, including only actual wages paid shall include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.
2. Material. Only materials furnished by Contractor and necessarily used in performance of extra work will be paid for.
Cost of such materials will be cost, including sales tax and delivery charges, to purchaser (Contractor, subcontractor or other forces) from supplier thereof.
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3. Equipment. For Contractor-owned equipment, payment will be made at rental rates listed for equipment in the California Department of Transportation official equipment rental rate schedule which is in effect on the date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. If there is no applicable rate for an item of equipment, then payment shall be made for Contractor-owned equipment at rental rate
listed in the most recent edition of the Association of Equipment Distributors (AED) book.
a. For rented equipment, payment will be made based on
actual rental invoices. Equipment used on extra work
shall be of proper size and type.
b. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary
attachments, repairs and maintenance of any kind,
depreciation, storage, insurance, and all incidentals.
Unless otherwise specified, manufacturer's ratings, and manufacturer-approved modifications, shall be used to
classify equipment for determination of applicable
rental rates. Rental time will not be allowed while
equipment is inoperative due to breakdowns.
c. Individual pieces of equipment or tools having a
replacement value of one hundred ($100) dollars or less, whether or not consumed by use, shall be considered
to be small tools.
4. Work Performed by Special Forces or Other Special Services.
When City and Contractor, by agreement, determine that
special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work may be performed by a specialist. Invoices for service or extra work shall be based on the current market price thereof and may be accepted without complete
itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with
established practice of special service industry to provide complete itemization. In those instances, wherein,
Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine
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shop facility away from the Project Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as a specialist billing. In lieu of overhead and profit provided in paragraph 5(a) “Overhead Defined”, below, fifteen percent (15%) will be added to specialist invoice price, after deduction of any cash or trade discount offered or available, whether or not such discount may have been taken.
5. Overhead Defined. The following constitutes charges that are deemed included in overhead for all Contract modifications, including work performed on a Time and Materials basis.
Contractor shall not invoice or receive payment for these costs separately: Drawings: field drawings, Shop Drawings, etc., including submissions of drawings; Routine field
inspection; General Superintendence; General
administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting
documentation; Computer services; Reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on-Site facilities (Offices, Telephones, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water, Home office expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work;
Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
6. Overhead and Profit for Time and Materials. For work Contractor performs on Time and Materials at City’s direction, the following markups will be added to the cost of labor, materials and equipment, calculated as described above. a. Overhead and profit on labor shall be fifteen percent (15%).
b. Overhead and profit on materials shall be ten percent (10%).
c. Overhead and profit on equipment rental shall be ten percent (10%).
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d. On proposals covering both increases and decreases in Contract Price, overhead and profit shall be allowed on the net increase only as determined in this paragraph.
When the net difference is a deletion, no percentage
for overhead or profit will be allowed, but rather a
deduction shall apply.
e. The markup shall include profit, small tools, cleanup, supervision, warranties, cost of preparing the cost
proposal, jobsite overhead, and home office overhead.
No markup will be allowed on taxes, insurance, and
bonds.
f. For work performed by subcontractors on a Time and
Materials basis, Contractor’s markup on subcontractor
costs shall not exceed five percent (5%). This markup
applies to the total of the subcontractor’s labor,
materials, and equipment costs, including the
subcontractor’s overhead and profit.
D. If City directs Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, City will make a reasonable adjustment to the Contract Time.
SECTION 7. CLAIMS AND DISPUTES
A. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed Work and shall give written notice of a claim for additional compensation for the Work to City within three (3) days after commencement of the disputed Work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed Work.
B. If a claim cannot be resolved through direct discussions between City and Contractor, disputes for three hundred seventy-five thousand ($375,000) dollars or less shall be handled in accordance with Public Contract Code Sections 20104 et seq. City shall respond in writing within the statutory time period(s), or, may request in writing within thirty (30) days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims City may have against the claimant. If additional information is needed thereafter, it shall be provided upon request. City's response shall be submitted within the
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statutory timeframe after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. Contractor shall make these records and documents available at all reasonable times, without any direct charge.
C. If a claim is more than three hundred seventy-five thousand ($375,000) dollars, City shall respond in writing within a reasonable period of time to review and analyze the claim. The Parties also agree to participate in mediation with a mutually agreeable mediator following an exchange of documents reasonably necessary for resolution of the issues in dispute.
D. If Contractor disputes City's response, or if City fails to respond within the statutory time period(s), Contractor may so notify City within fifteen (15) days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days.
E. If following the meet and confer conference, the claim or any portion thereof remains in dispute, Contractor may file a claim pursuant to Government Code sections 900 et seq. and Government Code section 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.
F. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.
G. Venue for any litigation arising out of or relating to this Contract shall be Riverside County, California.
H. Pursuant to Public Contract Code section 9201(b), City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
SECTION 8. INSPECTION AND PROTECTION OF WORK
A. Responsibility for, and security of, all work and materials is the responsibility of the Contractor until final acceptance of the Project by City.
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B. All Work shall be inspected by City. The charges for inspection shall be in accordance with City’s regulations. If City is unable to provide an inspector or inspectors, Contractor shall reschedule the Work for another time at no cost to City. Work performed without inspection shall be rejected.
C. Contractor shall make the Work accessible at all reasonable times for inspection by City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the Project Site by others to be used or incorporated in the Contractor's Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work done hereunder until final acceptance by City.
D. When the Work is completed, Contractor shall request, in writing, a final inspection. Within ten (10) days of the receipt of such request, City shall make a final inspection. Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all Change Orders and all interpretations and instructions previously issued.
E. City may reject materials or Work that does not meet the requirements of the Contract Documents. If City does so, Contractor shall promptly remove the rejected materials or Work and replace it with materials or Work that meet the requirements of the Contract Documents, at no additional cost to City.
SECTION 9. ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.
B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications.
C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code sections 1771.1 or 1777.7 can bid on, be awarded or perform Work as a subcontractor on the Project. The Contractor is prohibited from performing Work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.
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D. When a portion of the Work which has been subcontracted by Contractor is not being prosecuted in a manner satisfactory to City, the subcontractor shall be removed immediately on the request of City in the manner required by law and shall not again be employed on the Work.
E. Contractor shall not assign any portion of the Work to be performed under this Contract or any of the rights or obligations under this Contract, without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.
SECTION 10. TERMINATION
A. Should Contractor fail within seven (7) calendar days from receipt of City's written notice to correct any default, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City may terminate this Contract and/or, in its sole discretion, make a demand on Contractor’s performance bond surety. Following a termination for default, City shall have the right to take whatever steps it deems necessary to complete the Project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.
B. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of Work completed to the date of termination, which costs are documented to City's satisfaction. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.
C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
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SECTION 11. HOLD HARMLESS AND INDEMNIFICATION
A. City and all officers and employees thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of City’s officers or employees.
B. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or related to the Work or the Project, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other cost and fees of litigation. Contractor shall promptly pay any final judgment rendered against City (and its officers, officials, employees and volunteers) except for claims determined by a trier of fact to have been the result of City’s sole or active negligence or willful misconduct. The foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.
C. Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an indemnified party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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D. In addition to any remedy authorized by law, contract funds sufficient to pay for any claim may be retained by City until disposition has been made of such suits or claims for damage.
SECTION 12. BONDS AND INSURANCE
A. Bonds.
1. Within ten (10) business days after being notified of the award of the Contract, and before City will execute this Contract, Contractor shall furnish and file with City Performance and Payment Surety bonds as set forth below.
2. Contractor shall submit the bonds on the forms provided Exhibit D, attached hereto, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price.
B. Insurance.
1. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit A. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within fifteen (15) working days after being notified of the award of the Contract, and before execution of this Contract by City.
SECTION 13. WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents.
Contractor hereby warrants its Work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California law, whichever is greater. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.
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This section shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.
SECTION 14. LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations that in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future Federal, State and local laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Project; and shall protect and indemnify City, and all officers and employees thereof connected with the Project, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by City’s representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall promptly report the same to City in writing.
C. This Contract shall be governed by and construed in accordance with the laws of the State of California.
SECTION 15. CLEAN-UP
Contractor will remove from the Project Site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the Project Site and deduct the cost from the Contract Price.
SECTION 16. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A
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complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.
SECTION 17. COMPLIANCE WITH STATE STORM WATER PERMIT
Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Water Board) Water Quality Order No. 2009- 0009-DWQ, including any and all subsequent amendments and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (“Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
SECTION 18. MISCELLANEOUS
A. Existing Utilities.
1. The location of known existing utilities and pipelines are shown on the plans in their approximate locations. However, nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to City may exist, or be in a location different from that which is shown in the Contract Documents.
2. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling underground service alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if Contractor does not expose all such existing utilities as required by this section.
3. After the utility survey is complete, Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall notify City before starting potholing operations. Contractor shall uncover all piping and
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conduits to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved.
4. Contractor’s attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” Contractor shall notify City in advance of this meeting.
5. If Contractor is required to locate, repair damage not due to Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under Section 6 “Changes in the Work” of this Contract, including payment for equipment on the Project necessarily idled during such work.
6. The right is reserved by City and the owners of underground facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connection or repairs to their properties.
Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.
B. Differing Site Conditions.
1. Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
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a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law,
b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
2. Contractor shall give notice in accordance with the Change Order provisions above.
3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a Change Order under the provisions described in the Contract Documents.
4. No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required in the Contract Documents.
5. In the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.
C. Records and Audits.
1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting
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principles and all records shall provide a breakdown of all costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.
2. Contractor shall permit City and its authorized representatives to inspect, examine and make copies of Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the four (4)-year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for four (4) years after the termination of this Contract.
3. Pursuant to California Government Code section 8546.7, the Parties shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering the Contract.
D. Clayton Act and Cartwright Act.
Section 7103.5 of the Public Contract Code specifies that in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. Pursuant to Public Contract Code section 7103.5, Contractor and all of its subcontractors hereby offer and agree to assign to City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to this Contract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgement by the Parties.
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E. Contractor Supervision.
The Contractor shall provide competent supervision and staffing of the Work as approved by City. As necessary, the Contractor or designated representative shall be present at all times while Work is actually in progress.
F. Character of Workers.
If persons employed by the Contractor, including any subcontractors, shall appear to City to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the request of City, and such person shall not again be employed on the Work.
G. Cooperation.
Should construction be under way by City, other agencies or other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. City reserves the right to perform other or additional work at or near the Project Site (including material sources) at any time, by the use of other forces.
H. Notices.
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:
To City: City of Hemet
Attn: Noah Rau, Interim City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Contractor: Quinn Company dba Quinn Power Systems
Attn: Art Jimenez
3500 Shepherd St.
City of Industry, CA 90601
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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I. Nondiscrimination.
Contractor and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decisionmaking, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
J. Safety.
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(a) Adequate life protection and lifesaving equipment and procedures; (b) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (c) Adequate facilities for the proper inspection and maintenance of all safety measures.
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[SIGNATURES ON FOLLOWING PAGE]
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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND QUINN COMPANY DBA QUINN POWER SYSTEMS SUPPLY AND INSTALLATION OF GENERATOR AT FIRE STATION 3 AND 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
City of Hemet Quinn Company dba Quinn Power
Systems :
(Authorized Representative of Contractor)
By: _______________________________ By: _______________________________ Noah Rau, Interim City Manager
Printed Name: ____________________
Title: _____________________________
Dated: ___________________________
By: _______________________________
Printed Name: ____________________
Title: _____________________________
Dated: ___________________________
(Attach Acknowledgment for
Authorized Representative of
Contractor)
License No.: _______________________
ATTEST:
CITY CLERK
By: ______________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
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Steven Graham
EXHIBIT A
INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 general Aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or Disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $2,000,000 per occurrence/ $4,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.
3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any
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auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured
4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a oneyear warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
7. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
8. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross-liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage
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provided is subject to approval of City following receipt of proof of insurance as required herein.
9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City.
Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material changes in the policy, or termination thereof, will be effective except upon thirty (30) days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
10. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
11. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
12. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
13. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
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14. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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EXHIBIT B
DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, sections 4100 et seq., Contractor shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.
Portion of Work: _____________________________________
Subcontractor _____________________________________
Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Portion of Work: _____________________________________
Subcontractor _____________________________________
Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Name of Contractor: Quinn Company dba Quinn Power Systems Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________
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EXHIBIT C
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor: Quinn Company dba Quinn Power Systems DIR Registration Number: 1000005921
Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor: Quinn Company dba Quinn Power Systems Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________
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SURETY:
EXHIBIT D
BOND FORMS
PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is datedSeptember 9th, 2026 is in the amount of$245,174.55 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Quinn Company dba Quinn Power Systems (Contractor), (Surety),
CITY OF HEMET (Owner), or other party shall be considered plural where applicable.
CONTRACTOR:
Quinn Company dba Quinn Power Systems
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Supply and Installation of Generator at Fire Station 3 and 5, dated September 9th, 2026 , in
the amount of$245,174.55
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and
completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange
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for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the
Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the
performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations.
Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within
18.E.
Page | 38
liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court
18.E.
Page | 39
of competent jurisdiction in the location in which the Work is located.
Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the
Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved
Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
18.E.
Page | 40
PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Quinn Company dba Quinn Power Systems as Principal, dated the 9th day of September, 2026 (the Contract), titled the City of Hemet Supply and Installation of Generator at Fire Station 3 and 5 in the amount of $245,174.55 which Contract is by this reference made a part hereof, for the work of the following Contract:
Supply and Installation of Generator at Fire Station 3 and 5
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto
Owner in the sum of 100% OF THE CONTRACT PRICE ($245,174.55), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings,
18.E.
Page | 41
covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
18.E.
Page | 42
EXHIBIT E
CHANGE ORDER TEMPLATE
18.E.
Page | 43
EXHIBIT F
CONTRACTOR’S PROPOSAL
(SEE NEXT PAGE)
18.E.
QUOTATION NO. 260315-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 1 of 7 Qty: Description List Price Discount Price
Caterpillar, Model D30, EPA Tier 4, Stationary Emergency Diesel Generator Set. Rated 30kW Standby Power, with fan, 60Hz, 1 Phase 120/240V Configuration at 1800 RPM.
Sourcewell Product Discount is 23% (- $ 7,442.57) off Generator List Price. $ 32,359.00 $ 24,916.43
Caterpillar, Model CG, Open Transition Automatic Transfer Switch Rated 400A, 1 Phase, 120/240V, 60Hz, 2 Pole, NEMA 3R Enclosure.
Sourcewell Product Discount is 20% (- $ 1,228,60) off Transfer Switch List Price. $ 6,143.00 $ 4,914.40
NON-CAT ITEMS:
Inbound/ Outbound Freight (Freight to Hemet CA)
Technician Startup – Level1 (1 Day)
Sourcewell Product Discount is 5% (- $ 657.00) off Dealer Price. $ 8,000.00
$ 5,157.00
$ 13,157.00
$ 7,600.00
$ 4,900.00
$ 12,500.00
Genset & ATS Installation
Cost proposal to install a 30KW emergency diesel generator set and 400A transfer switch at Hemet Fire Station #3.
Scope of Work
Coordinate and connect the portable generator provided by Hemet to the existing automatic transfer switch (ATS) to maintain temporary emergency backup power during the removal and replacement of the existing generator system.
Provide design services for the new generator foundation pad. Upon approval of the design, demolish the existing generator foundation, remove excess excavated material, and perform all required trenching between the new generator pad location and the new ATS location.
Modify the existing main electrical service equipment as required to accommodate the installation of the new ATS.
Furnish and install one (1) new 400A Automatic Transfer Switch adjacent to the existing main service panel, including all required direct-burial conduits between the generator stub-up location and the ATS location.
Construct a new reinforced concrete generator foundation pad complete with protective steel guard posts to safeguard the equipment from vehicle impact.
Coordinate delivery of the new generator. Provide all necessary crane services to offload, position, align, and securely anchor the equipment onto the new foundation.
Furnish and install new generator power cabling between the generator and the ATS.
Furnish and install all required conduits and wiring for the automatic start system, battery charger receptacle, and engine heater receptacle.
Perform all final connections and preparations required to place the generator system into service and ready the unit for technician startup and commissioning.
Throughout the duration of construction, Quinn will maintain temporary emergency backup power by reconnecting and supporting the portable generator as required to minimize facility downtime.
Sourcewell Product Discount is 5% (- $ 3,963.00) off Dealer Price $ 79,258.00
$ 75,295.00
18.E.
QUOTATION NO. 260315-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 2 of 7 Note: The following items are not included.
Architectural or structural drawings required for City approval.
Permit fees required by the City or County or Local Air Board.
Diesel fuel.
After-hours or holiday labor.
Rental or temporary backup power equipment, if required. “Buyer has to put "Sourcewell Contract #09222-CAT" on the Purchase Order” SALES TAX NOT INCLUDED. Buyer responsible for all taxes including any applicable tire fees. The quotation provided herein is for information only, and is not a valid offer to sell unless signed by an officer of Quinn Power Systems in the space provided below. Any offer to sell or any offer accepted shall be subject to the Terms and Conditions page. Unless expressly stated on the face of this quotation, all prices, delivery schedules and product specifications are subject to change without notice. Quotation is good for 30 days from quote date above, expires after that duration.
Total Price
(SALES TAX NOT
INCLUDED):
$ 117,625.83
PRODUCT DESCRIPTION
Generator & Accessories:
30KW Caterpillar Diesel Standby Generator (Model D30)
Tier 4 Emissions Cert
UL2200 Listed Package Genset
NFPA 110 Approved
Sound Attenuated Weather Enclosure (Color: White)
Fixed Enclosure Louvers
Integral Fuel Tank – 68 Gallons (24hrs Run Time @ 100% load) Alternator – 105C Temp Rise Over 40C Ambient
GCCP 1.2 Control Panel
Panel Mounted Audible Alarm
Electronic Governor
Integrated Voltage Regulator
Circuit Breaker – 150 Amp
Battery and Cables
Battery Charger
Coolant Heater
Standard Air Cleaner
Standard Radiator
Operations & Maintenance Manuals (1 Copy)
Includes Freight to Jobsite
Startup Service – Level 1 (Using Site Loads)
1Yr CVA (Customer Value Agreement)
18.E.
QUOTATION NO. 260315-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 3 of 7 5Yr Standby Warranty (500hrs/ year max operation)
Transfer Switch:
400A Caterpillar (Model CG) Open Transition Transfer Switch Contactor Type
CG Truone Controller
120/240V 1 Phase, 60Hz
Two Pole
NEMA 3R (Outdoor Enclosure)
2Yr Standby Warranty
Specifications
This quote is based on our understanding of your site requirements.
Clarifications
Quinn Power Systems is quoting a standard engineered product that complies with the functional intent of a standby emergency generator system. The quoted product may or may not meet all of the project specifications.
Quinn Power Systems and Caterpillar will make every effort to meet the project delivery schedule requirements. However, do to the ongoing global supply chain disruptions, Quinn Power Systems will not be liable or accept any liquidated damage clause on a purchase order.
Install cost does not include the following:
Any unforeseen jobsite or city requirements that may add additional cost to this project.
Accessories and/or modifications
Initial fill of coolant and lube oil
(1 set) Operation & Maintenance manuals (electronic copy) * (additional sets, at additional cost) QPS field work
Delivery to jobsite (offload/crane service by AG Engineering) Basic Demonstration – [included at no charge if training can be accomplished at time of startup].
Not included (unless mentioned in the bill of materials) Sales tax
Air, building or construct permits
Diesel fuel, initial fill or for testing
Availability:
Submittals: Estimated (8 – 10 Weeks) on receipt and approval of purchase order. (1 electronic copy). Submittal approval is expected not to exceed 60 days, additional time beyond 60 days will impact equipment delivery schedule, and may result in equipment price increases. In such event, a revised purchase order will be required prior to factory order production release.
Equipment: Estimated (40+ Weeks) for factory build time after submittal approval (without DPF).
Modifications: Estimated (Additional time TBD) additional time will vary depending on 3rd party or Quinn shop schedule and scope of work. Not included: Unforeseen factory delays, transit time from factory or vendor and/or delays due to project site readiness. ** Equipment prices and lead times are subject to change without notice.**
EMISSIONS NOTE
"California Air Resources Board (CARB) has approved alignment with the federal New Source Performance Standards (NSPS). Such alignment allows for emergency standby engines to be exempt from Tier 4 emissions standards; however, local air districts can require more stringent emissions control. The prospective buyer of the equipment quoted above is hereby notified the NSPS exemption does not apply to non-emergency standby engines (e.g. prime power applications such as peak shaving, parallel operation with the grid, or storm avoidance), or portable engines, even if used for emergency standby. Consult the local air district for permitting requirements and required emissions controls. Presently, South Coast Air Quality Management District (SCAQMD) Rule 1470 requires the use of a particulate filter if an engine is located within 100 meters of a school, and may require either a diesel particulate filter or an oxidation catalyst, depending upon engine size, if the installation is within 50 meters of a sensitive receptor. Particulate filters may also be required for Title V and major polluting facilities. For emissions requirements specific to the project for which this engine is being quoted, please contact SCAQMD at 909-396-2000. Unless otherwise listed above a DPF is not included in this proposal, please call for quotation if a DPF is required for this project.”
18.E.
QUOTATION NO. 260315-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 4 of 7 Caterpillar engines require a minimum of 30% load to prevent engine damage due to wet-stacking. Depending upon the permit and site specific conditions, SCAQMD emergency engine permits will only allow between 20 and 50 hours of runtime per year for non-emergency applications such as testing and exercising. Passive Diesel Particulate Filter systems depend on generator loading of a minimum of 50-60% to achieve minimum exhaust temperature threshold to keep soot regeneration and the filter backpressure within acceptable levels. If the engine will be operated consistently at low loads/low exhaust temperatures, the customer should make provisions to add load via facility operations or a load bank. Active Diesel Particulate Filter systems require no external load in order to regenerate. If listed above, Passive DPF option pricing, does not include a load bank or a load bank circuit breaker. If a load bank is needed for this project, please call for quotation.
TERMS AND CONDITIONS 1. Acceptance of Order.
This Quotation is for Buyer's information only and is not a valid offer to sell unless signed by an authorized representative of Seller in the place provided on the face of this Quotation. Prices, terms and conditions in an order from Buyer, which are inconsistent with the prices, terms and conditions of this Quotation, will be rejected by Seller, and are of no force and effect unless accepted in writing by Seller. Prices, delivery schedules and the scope of work on this Quotation are subject to change at Seller’s discretion.
2. Liability.
Seller's liability on any claim of any kind, including claims for negligence, or for any loss or damage arising out of or connected with the manufacture, sale, delivery, installation, resale or use of any products covered by or furnished under any order connected with this Quotation shall be limited to those claims arising solely from the acts of Seller and Seller shall in no way be liable for any special, indirect, incidental or consequential damages. The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenue, reputation and data, costs incurred, including without limitation, for capital, fuel, power and loss or damage to property or equipment. Buyer expressly acknowledges and agrees that Seller has set its prices in reliance upon the limitations of liability and other terms and conditions specified herein, which allocate the risk between Seller and Buyer and form a basis of this bargain between the parties. Any claims against Seller for shortages in shipments shall be made in writing to Seller within fifteen (15) days of receipt of shipment by Buyer. Unless otherwise provided for in writing, Seller's responsibility for shipment ceases upon delivery to carrier, and any claims for shortage, delays or damage occurring thereafter shall be made direct to carrier by Buyer. Seller shall not be liable for any delays in delivery attributable to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation, delays in delivery of component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Seller. Seller shall not indemnify nor be liable to Buyer, Buyer’s assigns, successors, purchasers, lessees or licensees, or to any person or entity for any claims, losses, expenses or judgments arising out of or resulting in any way from the product or integration of compatibility of the product with any other components, processes, facilities or equipment that does not comply with the equipment manufacturer(s)’s recommendations.
3. Shipments.
Unless otherwise specified, all risk of loss from the goods shall shift to Buyer at such time as the goods are delivered to a carrier for shipment to Buyer. Unless otherwise specified, shipment dates are approximate and all quoted prices exclude shipping costs. Shipment of goods under any order accepted by Seller shall be subject to the approval by Seller of Buyer’s financial condition at the time of shipment. Whether or not terms of payment are specified elsewhere, Seller may, at its option, condition shipments under any order accepted by Seller upon receipt of satisfactory security or of cash prior to shipment. If, at Buyer’s request, shipment of goods under any order accepted by Seller is delayed more than thirty (30) days after the shipment date specified in the order, or the date the goods are ready for shipment, whichever is later, Seller will require immediate payment in full and/or assess additional charges for the expenses incident to such delay.
4. Termination.
In the absence of a written agreement between Buyer and Seller expressing different terms and conditions as to termination, any order accepted by Seller may be terminated prior to completion by Buyer only upon written notice to Seller and payment of Seller’s termination charges. If notice of termination is received by Seller after Seller has committed to buy the principal components for any order, termination charges shall include all direct and indirect costs incurred by Seller and the total profit anticipated by Seller. Additionally, Buyer’s instruction to Seller to stop work for thirty (30) days during the time specified for performance in any order may be construed by Seller as the equivalent of written notice of termination from Buyer and previous stipulations will be in effect.
5. Taxes.
Unless expressly stated, Seller's prices do not include sales, use, excise or similar taxes, which Seller may be required to pay in filling Buyer's order. The amount of any applicable tax shall be paid by Buyer as an additional charge unless specifically included in any order accepted by Seller, or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.
6. Patents.
Seller shall, at its own expense, defend and save Buyer harmless from the expenses and consequences of any suit or procedure brought against Buyer, based on a claim that the use or sale of goods specified in any order accepted by Seller constitutes an infringement of any United States letters of patent in existence on the date of any such order; provided Buyer promptly notifies Seller in writing of such claim and gives the necessary authorization, information and assistance for the defense of such a claim.
7. Changes.
Seller, and Seller's suppliers, may, at any time, without notice to Buyer, make changes (whether in design, materials, the addition of improvements, or otherwise) in any goods specified in any order accepted by Seller without incurring any obligation of any kind as a result thereof, but only to the extent that such change does not cause the goods specified to fail to meet Buyer's requirements. Buyer may, in its order, provide for changes in its requirements with provision for a corresponding equitable change in the price, if any; but in no instance shall Buyer make changes, which are substantially different from the scope of the original order accepted by Seller.
8. Export Sales.
In the event the goods and services specified in any order accepted by Seller are for export, the Buyer shall be responsible for securing export, import and other licenses or authorizations as may be required. The conditions specified in this Section apply to all export transactions. This transaction is only for the sale of the equipment requested and detailed in this Quotation. Not included is any startup assistance, fieldtesting, training or any other services that might be required on site. Also not included is any installation, installation audits, sea trials (if applicable), or installation materials. To ensure proper application, installation, and warranty integrity, Buyer is encouraged to contact the applicable Caterpillar Dealer for these services. The costs of these services are not included in the sale price nor will Seller be responsible for any such related costs.
9. Permits for Equipment Design, Installation and Operation.
As a supplier of equipment, disclaims responsibility for any and all permits or licenses necessary to design, install and operate the equipment due to zoning, air quality, environmental, safety, building or construction codes or use permits pertaining to Buyer’s particular application of such equipment or any similar type of permit. Special attention should be given to the requirements of local air district rules and California Air Resources Board (CARB) regulations pertaining to permit requirements. Seller is quoting on equipment based on the specifications set forth in this Quotation. If additional equipment or engine modifications are required beyond the specifications, such as additional equipment required for compliance by a local air district or CARB, those items are not included and are the responsibility of Buyer. For example, South Coast AQMD (SCAQMD) Rule 1470 may require controls and limits on particulate matter, especially when the engine installation is within 100-meters from a school, or within 50 meters of a sensitive receptor (defined in Rule 1470). Ultra low sulfur fuel is required for particulate filters. CARB Diesel Fuel, or other CARB-approved alternative fuel, is also required for compression ignition (CI) engines operated in California. When indicated in the bill of materials, the proposed equipment may be SCAQMD pre-approved as Certified Equipment. This certification does not eliminate the permit process or responsibility of others to obtain a permit. Procurement of certified equipment assures permitability, reduces the permit processing fees and reduces the time necessary to obtain the permit through SCAQMD.
10. Start-up, Commissioning and Operating Requirements.
Equipment provided in this Quotation may require start-up and commissioning, including inspection(s), to ensure the equipment is installed in accordance with manufacturer(s)’s recommendations and specifications. If Seller has commissioned the equipment, Buyer agrees not to modify the design or components of the installation such that the modifications would violate any legal requirements of the installation, or would cause the installation to deviate from manufacturer(s)’s recommendations and specifications. Buyer acknowledges and agrees that, with respect to products sold to Buyer in connection with this Quotation, Buyer shall have the sole responsibility to ensure the products are properly installed, operated and maintained in accordance with the manufacturer(s)’s recommendations and specifications, and to determine and comply with all applicable Federal, state, local and regulated use restrictions and requirements, including, without limitation, the continuing responsibility to ensure that the use of product is in full compliance with all applicable environmental laws and regulations. Failure to install, operate and maintain the products in accordance with the manufacturer(s)’s recommendations and specifications will invalidate any applicable manufacturer’s warranty.
11. Additional material.
Only those items listed in this Quotation are included with any order. For example, unless specifically identified in this Quotation, the following items are not included with any purchased equipment: any exhaust or fuel piping, main fuel tank, fuel, duct work, special tools, insulation, wiring, cable, bus duct, concrete, anchor bolts, rigging or any material or labor incidental to the installation itself. Buyer specifically assumes responsibility for the provision of any such items if not specifically identified in the Quotation.
12. Hours of services.
When included, delivery, startup assistance, field testing, training or any other services required on site will be provided during the normal weekday working hours of 7:00 am to 4:30 pm. Delivery or services occurring at any other time, weekends or holidays is subject to premium charges.
13. Warranty.
The equipment manufacturer's warranty is the only warranty provided in connection with the equipment described in this Quotation. Buyer is responsible for operating and maintaining the equipment as specified by the manufacturer. The manufacturer’s warranties are exclusive and in lieu of all other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose.
18.E.
QUOTATION NO. 260315-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 5 of 7 Seller is not a manufacturer and makes no warranty and shall not, under any circumstances, be liable for any indirect or special, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether arising from contract, tort, strict liability or any other theory of law. Buyer, Buyer’s assigns, successors, purchasers or any other person designated to operate the equipment as the end user, is responsible for operating the equipment in accordance with manufacturer(s)’s recommendations and specifications. Failure to perform all scheduled maintenance may result in damage to the equipment, and may be grounds to deny warranty coverage.
14. Terms.
Terms of payment are due upon receipt of invoice with no deductions of any kind for retentions, setoffs, discounts or other similar items. A finance charge of 1.5% per month (not to exceed the maximum allowed by law) will be charged on all past due invoices. When necessary Seller will file a California “Preliminary 20-day notice” pursuant to Section 3097 of the California Civil Code.
15. Cost additives.
A: Unit Cost.
Quotation prices are valid for 30 days only and are based on current market prices as of date of quotation. The Seller reserves the right to adjust the final invoice with a price escalation up to 6% due to 1) purchase orders being received after expiration of quotation, 2) fluctuations in raw materials market prices at time of order, 3) labor rate increases at time of scheduled field services, 4) delays in submittal approvals and/or release of equipment or 5) additional items or services provided that were not included as part of the original quotation. Since final invoicing can and may take place up to a year or more from original quotation date.
B: Delays.
If delivery is delayed by customer Buyer beyond original shipment date, purchase price is due 30 days after original shipment date and a storage and handling charge will be applied and is due each month until delivery.
Finance charge of 1.5% per month (not to exceed the maximum allowed by law) is applicable on any amounts arising hereunder or in connection herewith that are not paid when due.
C: Start up.
If construction of the facility or other delays are experienced or expected, which prohibit the initial startup of the equipment beyond one year from delivery additional costs may be imposed including, but not be limited to, long term storage preparation, inspection charges, parts, service, etc.
16. Lead Times.
Lead times are based on manufactures estimated timetables. Project completion time may vary due to delays in receipt of purchase orders, submittal approval, release of equipment, manufactures unforeseen delays in production or holiday schedules. Project completion time frame cannot be guaranteed. Back orders will be processed as soon as available. Part number changes may be made to provide latest improved interchangeable items of equipment.
17. Governing Law and Venue.
The rights and obligations of the parties with respect to the transactions contemplated by this Quotation shall be governed in all respects by the laws of the State of California. The parties hereto irrevocably agree that the exclusive venue for any litigation arising in connection with the transactions specified in this Quotation shall be in the courts located in the County of Los Angeles, California.
18. Attorneys’ Fees and Costs.
In the event of any legal action, controversy, claim, or dispute between the parties involving the transactions contemplated by this Quotation, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys’ fees, and costs.
19. Additional Conditions.
Buyer shall furnish to Seller, at no cost, suitable working space, storage space, adequate heat, telephone, light, ventilation, regulated electric power and outlets for testing purposes (if applicable). The facilities shall be within a reasonable distance from where any applicable services are to be provided. Seller and its representatives shall have full and free access to the equipment in order to provide any applicable services. Buyer shall provide the means to shut-off and secure electric power to the equipment and provide safe working conditions. Buyer shall not require Seller or its employees, as a condition to site access or otherwise, to further agree or enter into any agreement, which waives, releases, indemnifies or otherwise limits or expands any rights or obligation whatsoever. Any such agreements shall be null and void. Seller is under no obligation to remove or dispose of parts or equipment unless specifically agreed upon in Seller’s scope of work. Seller-removed parts become the property of Seller. Seller must not perform any electrical power switching unless specifically requested by Buyer, under the supervision of Buyer, and subject to procedures jointly agreed to in advance. Notwithstanding Buyer’s request, Seller may refuse to perform power switching, if in the opinion of Seller, such action would be unsafe. IN THE EVENT THAT SELLER PERFORMS POWER SWITCHING, TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER SHALL INDEMNIFY, DEFEND, AND HOLD SELLER HARMLESS FROM ANY AND ALL LIABILITY, ACTIONS, SUITS, CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES (“LOSSES”) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM SELLER’S PERFORMANCE OF POWER SWITCHING, REGARDLESS OF WHETHER THE LOSSES RESULT FROM SELLER’S NEGLIGENCE (WHETHER ACTION OR PASSIVE, AND WHETHER SOLE, JOINT, OR CONCURRENT), AND EVEN THOUGH CAUSED IN WHOLE OR IN PART BY A PRE-EXISTING DEFECT, STRICT LIABILITY, OR OTHER LEGAL FAULT OF SELLER. THIS INDEMNITY SHALL APPLY TO ANY ACTS OR OMISSIONS OR NEGLIGENT CONDUCT, WHETHER ACTIVE OR PASSIVE, ON THE PART OF EITHER SELLER OR BUYER. If OSHA or any other federal, state or local government, trade association, or contractual regulations or standards require a “safety person” to be on site during the performance of services, or in the event of a trade union jurisdictional dispute where trade union represented personnel are required to assist or stand by during the performance of services by Seller, Buyer shall be responsible for providing for and paying for any charge or wages for such person(s), as applicable. Buyer shall immediately inform Seller, in writing, at the time of order placement and thereafter, of any unsafe or hazardous substance or condition at the site, including, but not limited to, the presence of asbestos or asbestos-containing materials, and shall provide Seller with any applicable Material Data Safety Sheets regarding the same. Any losses, costs, damages, claims and expenses incurred by Seller as a result of Buyer’s failure to advise Seller shall be borne by Buyer. Seller, in its sole discretion and without cost or penalty, reserves the right to cancel its performance under this Agreement or any order immediately upon written notice to Buyer following Seller's discovery of unsafe or hazardous site substance or condition or any other circumstance altering Seller performance of Services. Buyer shall appoint a representative familiar with the site and the nature of the Services to be performed by Seller to be accessible at all times that Seller personnel are at the site. Seller shall not be liable for any expenses incurred by Buyer in removing, replacing or refurbishing any Buyer equipment or any part of Buyer’s building structure that restricts Seller's access. Buyer's personnel shall cooperate with and provide all necessary assistance to Seller. Seller shall not be liable or responsible for any work performed by Buyer.
18.E.
QUOTATION NO. 230019-WELL REV1
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156
Date: October 1, 2024 Page: 5 of 5
18.E.
QUOTATION NO.
230019-WELL REV1
ACCEPTED BY:
By: ________________________________
Company: __________________________
Date: ____________________
P.O. #: ____________________________
SUBMITTED BY:
By: Art Jimenez
Quinn Power Systems
Phone: 951-250-5104
18.E.
QUOTATION NO. 260224-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 1 of 7 Qty: Description List Price Discount Price
Caterpillar, Model D30, EPA Tier 4, Stationary Emergency Generator Set. Rated 30kW Standby Power, with fan, 60Hz, 1 Phase 120/240V Configuration at 1800 RPM.
Sourcewell Product Discount is 23% (- $ 7,442.57) off Generator List Price. $ 32,359.00 $ 24,916.43
Caterpillar, Model CG, Open Transition Automatic Transfer Switch Rated 200A, 1 Phase, 120/240V, 60Hz, 2 Pole, NEMA 3R Enclosure.
Sourcewell Product Discount is 20% (- $ 826.40) off Transfer Switch List Price. $ 4,132.00 $ 3,305.60
NON-CAT ITEMS:
Inbound/ Outbound Freight (Freight to Hemet CA)
Technician Startup – Level1 (1 Day)
Sourcewell Product Discount is 5% (- $ 657.00) off Dealer Price $ 8,000.00
$ 5,157.00
$ 13,157.00
$ 7,600.00
$ 4,900.00
$ 12,500.00
Genset & ATS Installation
Cost proposal to install a 30KW emergency diesel generator set and 200A transfer switch at Hemet Fire Station #5.
Scope of Work
Provide design drawings for a new concrete generator equipment slab. Excavate the designated area for the new slab and trenching from the slab to the new automatic transfer switch (ATS) location. Furnish and install new underground conduit and all required reinforcing steel. Supply concrete and construct the new generator equipment pad.
Provide crane services to offload the new generator and fuel tank at the jobsite and set the equipment in its designated location as required. Drill, anchor, and secure the generator to the concrete foundation in accordance with manufacturer recommendations.
Install the new automatic transfer switch adjacent to the existing switchgear and perform all necessary modifications to integrate the ATS with the existing electrical panelboard. Install new conduit from the existing panel to the new ATS and furnish and install new conductors from the generator to the ATS.
Route existing auxiliary AC power to supply the generator battery charger and engine block heater. Install two (2) new 2-inch galvanized steel support pipes, embedded a minimum of four (4) feet below grade and extending ten (10) feet above grade, to support the existing leaning electrical panel. Remount the meter panel using new strut channel and secure it to the newly installed support poles. Upon completion, leave all equipment properly installed, secured, and ready for startup.
City to address site issues prior to installation:
The City is responsible for addressing existing site conditions affecting the combined meter and breaker panel.
To allow for proper straightening and stabilization of the panel, the two adjacent trees shall be trimmed to relieve the load on the overhead electrical service lines. Existing tree interference is causing stress to the power feeder cables and must be mitigated prior to installation.
Sourcewell Product Discount is 5% (- $ 3,531.00) off Dealer Price $ 70,631.00 $ 67,100.00
18.E.
QUOTATION NO. 260224-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 2 of 7 Note: The following items are not included.
Architectural or structural drawings required for City approval.
Permit fees required by the City or County or Local Air Board.
Diesel fuel.
After-hours or holiday labor.
Rental or temporary backup power equipment, if required. “Buyer has to put "Sourcewell Contract #09222-CAT" on the Purchase Order” SALES TAX NOT INCLUDED. Buyer responsible for all taxes including any applicable tire fees. The quotation provided herein is for information only, and is not a valid offer to sell unless signed by an officer of Quinn Power Systems in the space provided below. Any offer to sell or any offer accepted shall be subject to the Terms and Conditions page. Unless expressly stated on the face of this quotation, all prices, delivery schedules and product specifications are subject to change without notice. Quotation is good for 30 days from quote date above, expires after that duration.
Total Price
(SALES TAX NOT
INCLUDED):
$ 107,822.03
PRODUCT DESCRIPTION
Generator & Accessories:
30KW Caterpillar Diesel Standby Generator (Model D30)
Tier 4 Emissions Cert
UL2200 Listed Package Genset
NFPA 110 Approved
Sound Attenuated Weather Enclosure (Color: White)
Fixed Enclosure Louvers
Integral Fuel Tank – 68 Gallons (24hrs Run Time @ 100% load) Alternator – 105C Temp Rise Over 40C Ambient
GCCP 1.2 Control Panel
Panel Mounted Audible Alarm
Electronic Governor
Integrated Voltage Regulator
Circuit Breaker – 150 Amp
Battery and Cables
Battery Charger
Coolant Heater
Standard Air Cleaner
Standard Radiator
Operations & Maintenance Manuals (1 Copy)
Includes Freight to Jobsite
Startup Service – Level 1 (Using Site Loads)
1Yr CVA (Customer Value Agreement)
18.E.
QUOTATION NO. 260224-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 3 of 7 5Yr Standby Warranty (500hrs/ year max operation)
Transfer Switch:
200A Caterpillar (Model CG) Open Transition Transfer Switch Contactor Type
CG Truone Controller
120/240V 1 Phase, 60Hz
Two Pole
NEMA 3R (Outdoor Enclosure)
2Yr Standby Warranty
Specifications
This quote is based on our understanding of your site requirements.
Clarifications
Quinn Power Systems is quoting a standard engineered product that complies with the functional intent of a standby emergency generator system. The quoted product may or may not meet all of the project specifications.
Quinn Power Systems and Caterpillar will make every effort to meet the project delivery schedule requirements. However, do to the ongoing global supply chain disruptions, Quinn Power Systems will not be liable or accept any liquidated damage clause on a purchase order.
Install cost does not include the following:
Any unforeseen jobsite or city requirements that may add additional cost to this project.
Accessories and/or modifications
Initial fill of coolant and lube oil
(1 set) Operation & Maintenance manuals (electronic copy) * (additional sets, at additional cost) QPS field work
Delivery to jobsite (offload/crane service by AG Engineering) Basic Demonstration – [included at no charge if training can be accomplished at time of startup].
Not included (unless mentioned in the bill of materials) Sales tax
Air, building or construct permits
Diesel fuel, initial fill or for testing
Availability:
Submittals: Estimated (8 – 10 Weeks) on receipt and approval of purchase order. (1 electronic copy). Submittal approval is expected not to exceed 60 days, additional time beyond 60 days will impact equipment delivery schedule, and may result in equipment price increases. In such event, a revised purchase order will be required prior to factory order production release.
Equipment: Estimated (40+ Weeks) for factory build time after submittal approval (without DPF).
Modifications: Estimated (Additional time TBD) additional time will vary depending on 3rd party or Quinn shop schedule and scope of work. Not included: Unforeseen factory delays, transit time from factory or vendor and/or delays due to project site readiness. ** Equipment prices and lead times are subject to change without notice.**
EMISSIONS NOTE
"California Air Resources Board (CARB) has approved alignment with the federal New Source Performance Standards (NSPS). Such alignment allows for emergency standby engines to be exempt from Tier 4 emissions standards; however, local air districts can require more stringent emissions control. The prospective buyer of the equipment quoted above is hereby notified the NSPS exemption does not apply to non-emergency standby engines (e.g. prime power applications such as peak shaving, parallel operation with the grid, or storm avoidance), or portable engines, even if used for emergency standby. Consult the local air district for permitting requirements and required emissions controls. Presently, South Coast Air Quality Management District (SCAQMD) Rule 1470 requires the use of a particulate filter if an engine is located within 100 meters of a school, and may require either a diesel particulate filter or an oxidation catalyst, depending upon engine size, if the installation is within 50 meters of a sensitive receptor. Particulate filters may also be required for Title V and major polluting facilities. For emissions requirements specific to the project for which this engine is being quoted, please contact SCAQMD at 909-396-2000. Unless otherwise listed above a DPF is not included in this proposal, please call for quotation if a DPF is required for this project.”
18.E.
QUOTATION NO. 260224-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 4 of 7 Caterpillar engines require a minimum of 30% load to prevent engine damage due to wet-stacking. Depending upon the permit and site specific conditions, SCAQMD emergency engine permits will only allow between 20 and 50 hours of runtime per year for non-emergency applications such as testing and exercising. Passive Diesel Particulate Filter systems depend on generator loading of a minimum of 50-60% to achieve minimum exhaust temperature threshold to keep soot regeneration and the filter backpressure within acceptable levels. If the engine will be operated consistently at low loads/low exhaust temperatures, the customer should make provisions to add load via facility operations or a load bank. Active Diesel Particulate Filter systems require no external load in order to regenerate. If listed above, Passive DPF option pricing, does not include a load bank or a load bank circuit breaker. If a load bank is needed for this project, please call for quotation.
TERMS AND CONDITIONS 1. Acceptance of Order.
This Quotation is for Buyer's information only and is not a valid offer to sell unless signed by an authorized representative of Seller in the place provided on the face of this Quotation. Prices, terms and conditions in an order from Buyer, which are inconsistent with the prices, terms and conditions of this Quotation, will be rejected by Seller, and are of no force and effect unless accepted in writing by Seller. Prices, delivery schedules and the scope of work on this Quotation are subject to change at Seller’s discretion.
2. Liability.
Seller's liability on any claim of any kind, including claims for negligence, or for any loss or damage arising out of or connected with the manufacture, sale, delivery, installation, resale or use of any products covered by or furnished under any order connected with this Quotation shall be limited to those claims arising solely from the acts of Seller and Seller shall in no way be liable for any special, indirect, incidental or consequential damages. The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenue, reputation and data, costs incurred, including without limitation, for capital, fuel, power and loss or damage to property or equipment. Buyer expressly acknowledges and agrees that Seller has set its prices in reliance upon the limitations of liability and other terms and conditions specified herein, which allocate the risk between Seller and Buyer and form a basis of this bargain between the parties. Any claims against Seller for shortages in shipments shall be made in writing to Seller within fifteen (15) days of receipt of shipment by Buyer. Unless otherwise provided for in writing, Seller's responsibility for shipment ceases upon delivery to carrier, and any claims for shortage, delays or damage occurring thereafter shall be made direct to carrier by Buyer. Seller shall not be liable for any delays in delivery attributable to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation, delays in delivery of component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Seller. Seller shall not indemnify nor be liable to Buyer, Buyer’s assigns, successors, purchasers, lessees or licensees, or to any person or entity for any claims, losses, expenses or judgments arising out of or resulting in any way from the product or integration of compatibility of the product with any other components, processes, facilities or equipment that does not comply with the equipment manufacturer(s)’s recommendations.
3. Shipments.
Unless otherwise specified, all risk of loss from the goods shall shift to Buyer at such time as the goods are delivered to a carrier for shipment to Buyer. Unless otherwise specified, shipment dates are approximate and all quoted prices exclude shipping costs. Shipment of goods under any order accepted by Seller shall be subject to the approval by Seller of Buyer’s financial condition at the time of shipment. Whether or not terms of payment are specified elsewhere, Seller may, at its option, condition shipments under any order accepted by Seller upon receipt of satisfactory security or of cash prior to shipment. If, at Buyer’s request, shipment of goods under any order accepted by Seller is delayed more than thirty (30) days after the shipment date specified in the order, or the date the goods are ready for shipment, whichever is later, Seller will require immediate payment in full and/or assess additional charges for the expenses incident to such delay.
4. Termination.
In the absence of a written agreement between Buyer and Seller expressing different terms and conditions as to termination, any order accepted by Seller may be terminated prior to completion by Buyer only upon written notice to Seller and payment of Seller’s termination charges. If notice of termination is received by Seller after Seller has committed to buy the principal components for any order, termination charges shall include all direct and indirect costs incurred by Seller and the total profit anticipated by Seller. Additionally, Buyer’s instruction to Seller to stop work for thirty (30) days during the time specified for performance in any order may be construed by Seller as the equivalent of written notice of termination from Buyer and previous stipulations will be in effect.
5. Taxes.
Unless expressly stated, Seller's prices do not include sales, use, excise or similar taxes, which Seller may be required to pay in filling Buyer's order. The amount of any applicable tax shall be paid by Buyer as an additional charge unless specifically included in any order accepted by Seller, or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.
6. Patents.
Seller shall, at its own expense, defend and save Buyer harmless from the expenses and consequences of any suit or procedure brought against Buyer, based on a claim that the use or sale of goods specified in any order accepted by Seller constitutes an infringement of any United States letters of patent in existence on the date of any such order; provided Buyer promptly notifies Seller in writing of such claim and gives the necessary authorization, information and assistance for the defense of such a claim.
7. Changes.
Seller, and Seller's suppliers, may, at any time, without notice to Buyer, make changes (whether in design, materials, the addition of improvements, or otherwise) in any goods specified in any order accepted by Seller without incurring any obligation of any kind as a result thereof, but only to the extent that such change does not cause the goods specified to fail to meet Buyer's requirements. Buyer may, in its order, provide for changes in its requirements with provision for a corresponding equitable change in the price, if any; but in no instance shall Buyer make changes, which are substantially different from the scope of the original order accepted by Seller.
8. Export Sales.
In the event the goods and services specified in any order accepted by Seller are for export, the Buyer shall be responsible for securing export, import and other licenses or authorizations as may be required. The conditions specified in this Section apply to all export transactions. This transaction is only for the sale of the equipment requested and detailed in this Quotation. Not included is any startup assistance, fieldtesting, training or any other services that might be required on site. Also not included is any installation, installation audits, sea trials (if applicable), or installation materials. To ensure proper application, installation, and warranty integrity, Buyer is encouraged to contact the applicable Caterpillar Dealer for these services. The costs of these services are not included in the sale price nor will Seller be responsible for any such related costs.
9. Permits for Equipment Design, Installation and Operation.
As a supplier of equipment, disclaims responsibility for any and all permits or licenses necessary to design, install and operate the equipment due to zoning, air quality, environmental, safety, building or construction codes or use permits pertaining to Buyer’s particular application of such equipment or any similar type of permit. Special attention should be given to the requirements of local air district rules and California Air Resources Board (CARB) regulations pertaining to permit requirements. Seller is quoting on equipment based on the specifications set forth in this Quotation. If additional equipment or engine modifications are required beyond the specifications, such as additional equipment required for compliance by a local air district or CARB, those items are not included and are the responsibility of Buyer. For example, South Coast AQMD (SCAQMD) Rule 1470 may require controls and limits on particulate matter, especially when the engine installation is within 100-meters from a school, or within 50 meters of a sensitive receptor (defined in Rule 1470). Ultra low sulfur fuel is required for particulate filters. CARB Diesel Fuel, or other CARB-approved alternative fuel, is also required for compression ignition (CI) engines operated in California. When indicated in the bill of materials, the proposed equipment may be SCAQMD pre-approved as Certified Equipment. This certification does not eliminate the permit process or responsibility of others to obtain a permit. Procurement of certified equipment assures permitability, reduces the permit processing fees and reduces the time necessary to obtain the permit through SCAQMD.
10. Start-up, Commissioning and Operating Requirements.
Equipment provided in this Quotation may require start-up and commissioning, including inspection(s), to ensure the equipment is installed in accordance with manufacturer(s)’s recommendations and specifications. If Seller has commissioned the equipment, Buyer agrees not to modify the design or components of the installation such that the modifications would violate any legal requirements of the installation, or would cause the installation to deviate from manufacturer(s)’s recommendations and specifications. Buyer acknowledges and agrees that, with respect to products sold to Buyer in connection with this Quotation, Buyer shall have the sole responsibility to ensure the products are properly installed, operated and maintained in accordance with the manufacturer(s)’s recommendations and specifications, and to determine and comply with all applicable Federal, state, local and regulated use restrictions and requirements, including, without limitation, the continuing responsibility to ensure that the use of product is in full compliance with all applicable environmental laws and regulations. Failure to install, operate and maintain the products in accordance with the manufacturer(s)’s recommendations and specifications will invalidate any applicable manufacturer’s warranty.
11. Additional material.
Only those items listed in this Quotation are included with any order. For example, unless specifically identified in this Quotation, the following items are not included with any purchased equipment: any exhaust or fuel piping, main fuel tank, fuel, duct work, special tools, insulation, wiring, cable, bus duct, concrete, anchor bolts, rigging or any material or labor incidental to the installation itself. Buyer specifically assumes responsibility for the provision of any such items if not specifically identified in the Quotation.
12. Hours of services.
When included, delivery, startup assistance, field testing, training or any other services required on site will be provided during the normal weekday working hours of 7:00 am to 4:30 pm. Delivery or services occurring at any other time, weekends or holidays is subject to premium charges.
13. Warranty.
The equipment manufacturer's warranty is the only warranty provided in connection with the equipment described in this Quotation. Buyer is responsible for operating and maintaining the equipment as specified by the manufacturer. The manufacturer’s warranties are exclusive and in lieu of all other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose.
18.E.
QUOTATION NO. 260224-WELL
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: October 1, 2024 Page: 5 of 7 Seller is not a manufacturer and makes no warranty and shall not, under any circumstances, be liable for any indirect or special, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether arising from contract, tort, strict liability or any other theory of law. Buyer, Buyer’s assigns, successors, purchasers or any other person designated to operate the equipment as the end user, is responsible for operating the equipment in accordance with manufacturer(s)’s recommendations and specifications. Failure to perform all scheduled maintenance may result in damage to the equipment, and may be grounds to deny warranty coverage.
14. Terms.
Terms of payment are due upon receipt of invoice with no deductions of any kind for retentions, setoffs, discounts or other similar items. A finance charge of 1.5% per month (not to exceed the maximum allowed by law) will be charged on all past due invoices. When necessary Seller will file a California “Preliminary 20-day notice” pursuant to Section 3097 of the California Civil Code.
15. Cost additives.
A: Unit Cost.
Quotation prices are valid for 30 days only and are based on current market prices as of date of quotation. The Seller reserves the right to adjust the final invoice with a price escalation up to 6% due to 1) purchase orders being received after expiration of quotation, 2) fluctuations in raw materials market prices at time of order, 3) labor rate increases at time of scheduled field services, 4) delays in submittal approvals and/or release of equipment or 5) additional items or services provided that were not included as part of the original quotation. Since final invoicing can and may take place up to a year or more from original quotation date.
B: Delays.
If delivery is delayed by customer Buyer beyond original shipment date, purchase price is due 30 days after original shipment date and a storage and handling charge will be applied and is due each month until delivery.
Finance charge of 1.5% per month (not to exceed the maximum allowed by law) is applicable on any amounts arising hereunder or in connection herewith that are not paid when due.
C: Start up.
If construction of the facility or other delays are experienced or expected, which prohibit the initial startup of the equipment beyond one year from delivery additional costs may be imposed including, but not be limited to, long term storage preparation, inspection charges, parts, service, etc.
16. Lead Times.
Lead times are based on manufactures estimated timetables. Project completion time may vary due to delays in receipt of purchase orders, submittal approval, release of equipment, manufactures unforeseen delays in production or holiday schedules. Project completion time frame cannot be guaranteed. Back orders will be processed as soon as available. Part number changes may be made to provide latest improved interchangeable items of equipment.
17. Governing Law and Venue.
The rights and obligations of the parties with respect to the transactions contemplated by this Quotation shall be governed in all respects by the laws of the State of California. The parties hereto irrevocably agree that the exclusive venue for any litigation arising in connection with the transactions specified in this Quotation shall be in the courts located in the County of Los Angeles, California.
18. Attorneys’ Fees and Costs.
In the event of any legal action, controversy, claim, or dispute between the parties involving the transactions contemplated by this Quotation, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys’ fees, and costs.
19. Additional Conditions.
Buyer shall furnish to Seller, at no cost, suitable working space, storage space, adequate heat, telephone, light, ventilation, regulated electric power and outlets for testing purposes (if applicable). The facilities shall be within a reasonable distance from where any applicable services are to be provided. Seller and its representatives shall have full and free access to the equipment in order to provide any applicable services. Buyer shall provide the means to shut-off and secure electric power to the equipment and provide safe working conditions. Buyer shall not require Seller or its employees, as a condition to site access or otherwise, to further agree or enter into any agreement, which waives, releases, indemnifies or otherwise limits or expands any rights or obligation whatsoever. Any such agreements shall be null and void. Seller is under no obligation to remove or dispose of parts or equipment unless specifically agreed upon in Seller’s scope of work. Seller-removed parts become the property of Seller. Seller must not perform any electrical power switching unless specifically requested by Buyer, under the supervision of Buyer, and subject to procedures jointly agreed to in advance. Notwithstanding Buyer’s request, Seller may refuse to perform power switching, if in the opinion of Seller, such action would be unsafe. IN THE EVENT THAT SELLER PERFORMS POWER SWITCHING, TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER SHALL INDEMNIFY, DEFEND, AND HOLD SELLER HARMLESS FROM ANY AND ALL LIABILITY, ACTIONS, SUITS, CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES (“LOSSES”) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM SELLER’S PERFORMANCE OF POWER SWITCHING, REGARDLESS OF WHETHER THE LOSSES RESULT FROM SELLER’S NEGLIGENCE (WHETHER ACTION OR PASSIVE, AND WHETHER SOLE, JOINT, OR CONCURRENT), AND EVEN THOUGH CAUSED IN WHOLE OR IN PART BY A PRE-EXISTING DEFECT, STRICT LIABILITY, OR OTHER LEGAL FAULT OF SELLER. THIS INDEMNITY SHALL APPLY TO ANY ACTS OR OMISSIONS OR NEGLIGENT CONDUCT, WHETHER ACTIVE OR PASSIVE, ON THE PART OF EITHER SELLER OR BUYER. If OSHA or any other federal, state or local government, trade association, or contractual regulations or standards require a “safety person” to be on site during the performance of services, or in the event of a trade union jurisdictional dispute where trade union represented personnel are required to assist or stand by during the performance of services by Seller, Buyer shall be responsible for providing for and paying for any charge or wages for such person(s), as applicable. Buyer shall immediately inform Seller, in writing, at the time of order placement and thereafter, of any unsafe or hazardous substance or condition at the site, including, but not limited to, the presence of asbestos or asbestos-containing materials, and shall provide Seller with any applicable Material Data Safety Sheets regarding the same. Any losses, costs, damages, claims and expenses incurred by Seller as a result of Buyer’s failure to advise Seller shall be borne by Buyer. Seller, in its sole discretion and without cost or penalty, reserves the right to cancel its performance under this Agreement or any order immediately upon written notice to Buyer following Seller's discovery of unsafe or hazardous site substance or condition or any other circumstance altering Seller performance of Services. Buyer shall appoint a representative familiar with the site and the nature of the Services to be performed by Seller to be accessible at all times that Seller personnel are at the site. Seller shall not be liable for any expenses incurred by Buyer in removing, replacing or refurbishing any Buyer equipment or any part of Buyer’s building structure that restricts Seller's access. Buyer's personnel shall cooperate with and provide all necessary assistance to Seller. Seller shall not be liable or responsible for any work performed by Buyer.
18.E.
QUOTATION NO. 230019-WELL REV1
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156
Date: October 1, 2024 Page: 5 of 5
18.E.
QUOTATION NO.
230019-WELL REV1
ACCEPTED BY:
By: ________________________________
Company: __________________________
Date: ____________________
P.O. #: ____________________________
SUBMITTED BY:
By: Art Jimenez
Quinn Power Systems
Phone: 951-250-5104
18.E.
Page | 44
EXHIBIT G
COOPERATIVE AGREEMENT
(SEE NEXT PAGE)
18.E.
092222-CAT
Rev. 3/2022 1
Solicitation Number: RFP #092222
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Caterpillar Inc., 5212 N. O’Connor Blvd., Suite 1100, Irving, TX 75039 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 22, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer used, close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
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apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
Identify the applicable Sourcewell contract number;
Clearly specify the requested change;
Provide sufficient detail to justify the requested change;
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Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. Supplier may not enter into a contract with a U.S. Federal Government entity prior to obtaining necessary internal approvals and will not be obligated to provide Equipment, Products, or Services to any U.S. Federal Government entity under this Contract unless separately agreed in writing. Supplier may work with such parties and may agree to provide equipment or services under the Contract on a case-by-case basis.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
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6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
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E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
Maintenance and management of this Contract;
Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
Participating Entity Name (e.g., City of Staples Highway Department); Participating Entity Physical Street Address;
Participating Entity City;
Participating Entity State/Province;
Participating Entity Zip/Postal Code;
Participating Entity Contact Name;
Participating Entity Contact Email Address;
Participating Entity Contact Telephone Number;
Sourcewell Assigned Entity/Participating Entity Number; Item Purchased Description;
Item Purchased Price;
Sourcewell Administrative Fee Applied; and
Date Purchase was invoiced/sale was recognized as revenue by Supplier.
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B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
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assignment will be invalid. Provided, however, that Caterpillar is permitted to subcontract certain of its rights and obligations to Caterpillar dealers for performance without Sourcewell’s prior written consent.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Intentionally omitted.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
Exercise any remedy provided by law or equity, or
Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. A Participating Dealer may name a Participating Entity as an additional insured on a case-by-case basis.
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D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier’s Participating Dealers must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier’s Participating Dealer conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Intentionally omitted.
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22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Caterpillar Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Jaime Mineart
Title: Chief Procurement Officer Title: Vice President & General Manager Retail Electric Power Solutions
Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 092222 Vendor Name: Caterpillar
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Bid Number: RFP 092222 Vendor Name: Caterpillar
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ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐ
ௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐ
ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐ
ௐௐ ௐ
ௐௐௐ ௐ ௐௐ ௐ
ௐௐ
ௐௐௐௐௐ ௐௐௐ
ௐௐௐ
ௐ
ௐௐௐௐ ௐௐௐ ௐௐௐ
ௐௐ
ௐௐௐௐ ௐௐௐ ௐௐௐ
ௐௐ
ௐௐௐ ௐௐௐ ௐௐௐ
ௐௐ
ௐௐ
ௐௐௐௐ ௐௐௐ
ௐௐௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐ
ௐௐ
ௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ
ௐௐ
ௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐ
ௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐ
ௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐ
ௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐ
ௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar
18.E.
ௐௐௐ
ௐௐௐௐ
ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ
ௐௐௐௐ
ௐௐௐௐௐௐௐ
ௐௐௐௐௐ
ௐௐௐௐௐௐ
ௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐ
ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐௐௐௐௐௐ ௐௐௐௐௐௐௐௐௐௐ
Bid Number: RFP 092222 Vendor Name: Caterpillar